Fleetwood, Preston and West Riding Junction Railway Act 1846

Publication Date:January 01, 1846
 
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Fleetwood, Preston and West Riding Junction Railway Act 1846

(9 & 10 Vict.) c. ccxlvi

An Act for making a Railway from Preston in the County Palatine of Lancaster to Clitheroe in the same County Palatine

[27th July 1846]

ANN0 NONO & DECIMO Cap. ccxlvi. An Act for making a Railway from Presto12 in the Cou ti ty Palatilie of Lancaster to Clitheroe in the same County Palatine. [27th ,..hi.& 1846.1 HEREAS the making of a Railway from Preston in the County Palatine of Lancaster to Clitheroe in the same County Palatine would, by aflording additional Facilities for Communication between RZeetwood in the same County Palatine, Preston aforesaid, Clitheroe, and the West Riding of the County of York, and other important Places and Districts, be sf public Advan- tage : And whereas the Persons herein-after named, and others, are willing, at their own Expence, to execute such Undertaking ; hilt the same cannot be effected without the Aid and 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 Coin- mons, in this present Parliament assembled, arid by the Authority of' the same, That the several Acts of Parliament following, to wit, h &L 9 Viet. cc. 16.18. and 20, in- the Companies Clauses Consolidation Act, 1845, the Lands Clauses Consolidation Act, 1845, and the Railways Clauses Consolidation corpor3te~~ with this Act. Act, 1845, shall be respectively incorporated with this Act. [Local. 1 44 n 11. And 4482 Short Title. Subscribers incorpo- rated. Capital. Nuniber of Shares. Amount of Shares. Calls, Interval between Calls. Power to borrow Money on Mortgage. Xestriction on borrow- ing. Kcceiver for iirrears of` Mortgages. 9' f3t 20" VI[CTOKIIE, Cap.ccxIvi. 11. And be it enacted, That in citing this Act in other Acts of Parliament, and in legal Instruments, it shall be suficient to use the Expression 66 The Reetwood, Preston, and West Riding Jmctio~b Railway Act, 1846." 111. And be it enacted, That Thomas Batty Addison, John Pctley the younger, James Hibbert Wanklyn, Charles Frederick Parkinson, Thomas Critchley, William Henry Horn by, Joseph Saint John Yates, and George Cowy, and all other Persons and Corporations who have already subscribed and shall hereafter subscribe to the Undertalihig, and their Executors, Administrators, Successors, and Assigns respec- tively, shall be united into a Company, for the Purpose of making ant1 maintaining a Main Railway from Preston aforesaid to Clitlieive aforesaid, with other Works and Conveniences, according to the Provisions of this Act, and for other the Purposes herein expressed ; and for the Purposes aforesaid such Company shall be incorporated by the Name of `( The E'leetwood, Preston, and West Riding Jtmction Railway Company,'' and by that Name shall be a Body Corporate, with perpetual Succession, and with a Common Seal, and shall have Power to purcl~ase and hold Lands for the Purposes of the Under- taking, within the Restrictions of this Act. IV. And whereas the estimated Expence of the Undertaking is Two hundred and sixty-eight thousand Pounds ; be it enacted, that the original Capital of the Company shall be Two hundred and seventy thousand Pounds. V. And be it enacted, That the Number of Shares into which the original Capital of the Company shall be divided shall be Twenty-two thousand five hundred. VI. And be it enacted, That the Amount of every Share in the Capital shall be Twelve Pounds. VII. And be it enacted, That Thirty Shillings shall be the greatest Amount of any One Call which the Company may make on the Share- holders in respect of any Share. VIII. And be it enacted, That Three Months at least shall be the Interval betwee! successive Calls. IX. And be it enacted, That it shall be lawful for the Company to borrow on Mortgage or Bond any Sums not exceeding in the whole the Sum of Ninety thousand Pounds. X. And be it enacted, That no Part of such Sum shall be borrowed until the whole of the original Capital of Two hundred and seventy thousand Pounds shall have been actually subscribed for, and One Half thereof shall have been actually paid up. SI. And be it enacted, That it shall be lawful for the Mortgagees of the Company to enforce the Payment of the Arrears of Principal 2 a I1 d 9" & 10" VICTORIB, Cup.ccxlvi. 4483 and interest due on their Mortgages by the Appointment of a Receiver. XII. And be it enacted, That the Amount of Debt necessary to Amount of enable Mortgagees to require the Appointment of a Receiver shall Debt due to not be less than Five thousand Pounds. require a Receiver. XIII. And be it enacted, That the first Ordinary Meeting shall be Meeting. First XIV. And be it enacted, That Twenty Shareholders at least, Extraordi- nary iMeet- held within Two Months after the passing of this Act. holding in the aggregate not less than One thousand Shares, may ings. require the Directors to call an Extraordinary Meeting. Meeting shall be Twelve Shareholders holding in the aggregate not Meetings. less than One thousand Shares. XV. And be it enacted, That the Quorum for every General Quorum for SVT. And be it enacted, That the Number of the Directors shall Number of be Nine. Directors. XVII. And be it enacted, That the Conipany may from Time to Power to Time increase or reduce the Number of the Uirectors ; provided vary the than Six. Number of always, that the whole Number shall not be more than Fifteen nor less Directors. XVIII. And be it enacted, That the Qualification of a Director QualIficatioll of Directors. shall be his being possessed in his own Right of not less than One hundred Shares. XIX. And be it enacted, That the said Tlio?~~ns Batty Addison, First Di- John Paley the younger, .Janzes Hibbert Wanklp, Cliarles Fredericlc rectors. Parkinson, Thonzas Critcldey, Thomas German, William Henry Hornby, William Talbot, and George Corry, shall be the first Direc- tors, and shall remain in Office until their Retirement in the Rotation herein-after provided. XX. And be it enacted, That the Directors hereby appointed shall Directors. Rotation of retire from Office at the Times and in the Proportions following ; to wit, At the first Ordinary Meeting in the Year One thousand eight At the first Ordinary Meeting in the Year One thousand eight At the first Ordinary Meeting in the Year One thousand eight And at the first Ordinary Meeting in every subsequent Year, Three XXI. And be it enacted, That the Directors sl~all appoint and Power to remove all the Officers of the Company, except the Auditors, and shall bg:?'; and fioni Time to Time determine their respective Reniuneration, Duties, deterlnine hundred and forty-seven, Three of such Directors : hundred and forty-eight, Three others of such Directors : hundred and forty-nine, the Three others of such Directors : of the Directors who shall have been longest in Ofice. and Regulations. Salaries XXII. And 4484 9" & 10" VICTORIfE, cup. ccxlvi. Quorum of XXII. And be it enacted, That the Quorum of a Meeting of Directors shall be Three. Numbers of XXIII. And be it enacted, That the Committees of Directors Ommittees appointed by the Directors shall consist of such Numbers, not less than XXIV. And be it enacted, That no such Committee shall nialte ; Three, as the Directors may from Time to Time think fit. tlicir Pow era . any Call. Qw~m of Committees. XXV. And be it enacted, That the Quorum of a Meeting of every such Committee shall be Three. Qualification of Auditors. shall be his having in his own Right not less than Thirty Shares. Period for XXVII. And be it enacted, That the Books of the Company Halance of shall be balanced on the Thirtieth Day of June and on the Thirty-first Rooks. Day of' December in every Year. XXVI. And be it enacted, That the Qualification of an Auditor 1)irectors to 11de a XXVIII. And bc it enacted, That the Directors shall make and produce to the Shareholders at every Ordinary Meeting a general Report in Writing of the State and Prospects of the Company ; and such Report, in addition to any other Particulars which the Directors may think desirable, shall contain all such Particulars as may be requisite for the cotnplete Explanation of the Balance Sheet to be produced at such Meeting. Newspapers SXIX. Arid be it enacted, That the Newspapers in which Notices fhr no tic^ shall be advertized shall be One Newspaper published in Preston aforesaid, and One Newspaper published in Manchester in the said County Palatine. ijroor of XXX. And be it enacted, That if any Person against whom the netst ill Company shall have any Claim or Demand become subject, either of some Insol- Cascs voluntarily or involuntarily, to the Operation of any Act relating to vcncy. Insolvent Debtors, it shall be lawful for the Secretary or the Treasurer, in all Proceedings against the Estate of such Person, to represent the Company, and act in their Behalf in all respects as if such Claim or Demand had been the Claim or Demand of the Secretary or the Treasurer, and not of the Company. i'~~on~l io ml-:e Ral- ing to dcpo- XXXI. And whereas Plans and Sections of the Railway showing tlie Line and Levels thereof, and also Books of Reference containing accord- tlie Names of the Owners, Lessees, and Occupiers, or reputed Owners, plarls.I Lessees, and Occupiers of the Lands through which the same is intended to pass, have been deposited with the respective Clerks of the Peace of the said County Palatine of Lancaster and the said West ltitliiig of the County of York ; be it enacted, That the Company may make and maintain the Railway in the Line and upon the Lands delineated on the said Plans and described in the said Books of Reference, and may enter upon, purchase, take, and use for the Purposes of the Railway such of the said Lands as shall be necessary. xxxIr. ~~~d 4485 SXXII. And be it enacted, That the Company maybenter upon, Land for ex. p~ircliase, take, and use for...

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