East Lancashire Railway Act 1844

Publication Date:January 01, 1844
 
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East Lancashire Railway Act 1844

(7 & 8 Vict.) c. lx

An Act for making a Railway from the Manchester and Bolton Railway in the Parish of Eccles to the Parish of Whalley, all in the County Palatine Lancaster, to be called The Manchester, Bury, and Rossendale Railway

[4th July 1844]

ANN0 SEPTIMO & OCTAVO VICT REGINA?,. cap. lx. An Act for making a Railway from the Jhnchester and Bohz Railway in the Parish of Eccles to the Parish of WhuZZey, all in the County Palatine Luncuster, to be called The Manchesier, Rmy, and Rosseizdule Railway. [4th July 1844.1 HEREAS the making of a Railway, to commence by a Junction with the Manchester and Bolton Railway in the Township of' Clifton in the Parish of' Eccles, and to terminate in the Township of Lower Booths in the Parish of WJialZey, all in the County Palatine of Lancaster, would be of great public Advantage : And whereas the Persons herein-after named, with others, are willing at their own Expence to carry such Undertaking into Execution ; but the same cannot be effected without the Authority of Parliament : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parlia- ment assembled, and by the Authority of the same, That Samuel Company in- Ashton, RicJzard Ashton, Thomas Aitkin, John Meir Astbury, Sir corporated. Thomas Branclcer Knight, John Brooks, James Rothwell Barnes, John Bowlcer, John Crosthwaite, Edward Connel, Edmund Grundy (the [LocaZ.] $6 L T,yldc), Capital. Shares, Contribution of Capital. As to such Meetiug of Manchester and Bolton 7" & 8" VICTORIIZE, cap. Ix. Wylde), John Grundy the younger, Edmund Grundy (Bridge Hall), Henry Hoyle, George Hardman, Richard Hacking, John Harrison, James Harrison, Edmund Harrison, John Robinson Kay, John Lamon Kennedy, Jonathan Openshaw, Robert Phillips, John Eothwell, Robert Stuart, Richard Smith, Rabh Turner, Edmund Peel Thomson, John Walker, Richard Walker the younger, David Whiteheud, James Wrigley the elder, and Thomas Wrigley, and all other Parties who have already subscribed or shall hereafter subscribe to the said Undertaking, and their Executors, Administrators, Successors, and Assigns respectively, shall be united into a Company for the Purpose of making the said Railway, with proper Works and Conveniences connected therewith, according to the Provisions of this Act, and for the Purposes aforesaid shall be incorporated by the Name of `6 The Manchester, Bury, and Rossendale ltailway Company," and by that Name shall be a Body Corporate with perpetual Succession, and shall have Power to purchase and hold Lands within the Restrictions herein-after contained for the Purposes of the said Undertaking. 11. And whereas the estimated Expence of making the said Rail. way and Works is Three hundred thousand Pounds ; be it enacted, That Three hundred thousand Pounds shall be the Capital of the said Company. 111. And be it enacted, That the said Capital shall be divided into Twelve thousand Shares, each of the Amount of Twenty-five Pounds, and such Shares shall be numbered in arithmetical Progres- sion, beginning with Number One, and every such Share shall be distinguished by its appropriate Number. 1V. And whereas the Company of Proprietors of the Manchester, Bolton, and Bu~y Canal Navigation and Railway are willing to con- tribute the Sum herein-after mentioned towards the said Under- taking ; be it therefore enacted, That the said Company of Proprietors shall and they are hereby authorized, with the Approbation of Three Fifths at least of the Votes of the Proprietors of the said Company, present in Person or by Proxy at any Extraordinary General Meeting of the said Company of Proprietors called for the Purpose of making such Contribution or Subscription as aforesaid, to subscribe and contribute so much of the said Capital of Three hundred thousand Pounds, not exceeding the Sum of Seventy-five thousand Pounds, as has been or shall be determined upon at any such General Meeting of the said Company of Proprietors ; and the Shares representing such Capital, or which shall be apportioned to the said Company of Proprietors under the Provisions of this Act, shall not be transferable by the said Company of Pro rietors unless and until the Com- Possession of the said Railway hereby authorized, or the Tolls by this Act authorized to be collected, or some Part thereof respectively, or shall contract so to do. pany hereby incorporated shal f demise or lease or part with the V. And be it enacted, That such Special Meeting shall be called by Advertisement inserted for Four consecutive Weeks in a Newspaper of the County of Lancaster, and such Meeting shall be held at a Period 7" & 8" VICTORILE, cup. Ix. 2343 Period not earlier than Seven Days after the last Insertion of such Rail\ray Advertisement, and that the Draft of the proposed Resolutions be Conlpany. submitted to the Proprietors present at such Meeting. be Personal Estate, and transmissible as such, and shall not be of the Persntml Nature of Real Estate. VI. And be it enacted, That all Shares in the Undertaking shall s11. `ues . to be Estate. VII. And be it enacted, That every Person who shall have sub- ~~iare~iolders. scribed or shall subscribe the Sum of Twenty-five Pouiids or upwards to the Capital of the Company shall be deemed a Shareholder of` the Company, and shall be entitled to have One Share therein allotted to him in respect of` every Sum of Twenty-five Pounds so subscribed by him. VIII. And be it enacted, That the Company shall keep a Book, Registry of to be called (` The Register Book of Shareholders," and in such Book Sllarellolders. shall be fairly and distinctly entered fi-om Time to Time the Names of tlie several Corporations, and the Kames and Additions of the several Persons being Shareholders of the Company, the Number of Shares to which such Shareholders shall be respectively entitled, distinguishing each Share by its Number, and the Amount of Sub- scriptions paid on such Shares ; and such Book shall be authenticated by the Common Seal of the Company being affixed thereto, and such Authentication shall take place at the first Ordinary Meeting or at some subsequent Meeting of the Company. Shareholders the Company shall provide a proper Book, to be called `(The Shareholders Address Book," in which shall be f'rom Time to Time entered the Places of Abode of the several Shareholders of the Company ; and every Shareholder, or if such Shareholder be a Corporation the Clerk or Agent of such Corporation, may, at all convenient Times, peruse such Book gratis, and may require a Copy thereof or of any Part thereof, and for every Hundred Words so required to be copied the Company may demand a Sum not exceed- ing Sixpence. Share the Company shall cause a Certificate of the Proprietorship of Slmres. of such Share to be delivered to such Shareholder, and such Certifi- cate shall have the Comtnon Seal of the Company affixed thereto, and such Certificate shall specify the Share in the Undertaking to which such .Shareholder is entitled, and the same may be according to the Form in the Schedule (A.) to this Act annexed, or to the like Egect, and for such Certificate the Company inay demand any Sum not exceeding Two Shillings and Sixpence. IX. And be it enacted, That in addition to the said Register of Addresmof X. And be it enacted, That on Demand of the Holder of any Certificates XI, And be it enacted, That such Certificate shall be admitted in Certificate to all Courts as primd facie Evidence of the Title of such Shareholder, be Evidence. his Executors, Administrators, Successors, or Assigns, to the Share therein sDecified : nevertheless. the Want of such Certificate shall not prevent {he Holder of any Share from disposing thereof. XII, And 2344 7" & 8" VICTORIE, tal). Ix. Certificate to be renewed XII. And be it enacted, That if any such Certificate be worn out or damaged, then upon the same being produced at some Meeting of the Directors such Directors may order the same to be cancelled, and thereupon another similar Certificate shall be given to the Party in whom the Property of such Certificate and of the Share therein mentioned shall be at the Time vested, or if such Certificate be lost or destroyed, then upon Proof' thereof a similar certificate shall be given to the Party entitled to the Certificate so lost or destroyed, and in either Case a due Entry of the substituted Certificate shall be inade by the Secretary in the Register of Shareholders ; and for every such Certificate so given or exchanged the Company may demand any Sum not exceeding Two Shillings and Sixpence. Tr:ivsfers of XTII. And be it enacted, That, subject to the Regulations herein Shares to Le contained, every Shareholder (except the said Company of Proprie- tors, unless as herein-before provided) may sell and transfer his Shares in the Railway, by Deed duly stamped, in which the Consideration shall be truly stated, and such Deed may be according to the Form in the Schedule (R.) to this Act annexed, or to the like Effect, and the same (when duly executed) shall be delivered to the Secretary and be kept by him, and the Secretary shall enter a Memorial thereof in a Book to be called '6 The Register of' Transfers," and shall endorse such Entry on the Deed of Transfer, and for every such Entry and Endorsement the Company may demand any Sum not exceeding Two Shillings and Sixpence ; and on the Request of the Purchaser of any Share an Endorsement of such Transfer shall be made on the Certificate of' such Share, or a new Certificate may be granted, and for such Endorsement the Company may demand any Sum not exceeding Two Shillings and Sixpence ; and such Endorse- ment, being signed by the Secretary, shall be considered in every respect the same as a new Certificate ; and until such Transfer have been so delivered to the Secretary as aforesaid...

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