Forth and Clyde Navigation Act 1814

JurisdictionEngland & Wales
Citation1814 c. cxcv
Year1814
A
N
N
0
Q
U
I
NQU
A
C,
E
S
I
MO
QUART
0
GEORGII
111.
IttEGIS.
An
A&
to
enlarge, alter,
and
amend
the Powers
of
t!re
ievcral
AQs
for
making
and
maintaining
the
Forth
and
Chile
Navigation.
[x
+th
YuZy
I
8
14.1
HEREAS,
by
an
AQ
paired in the
Eighth
Year
of
the
Reign
of
His
prefent Majefty, intituled,
An
A&
fir
makiig
nizrt
main-
W
taining
a
Navigable
Cut
or
Canal
front
the
firth
or
River
of
Forth,
at
or near the
Mouth
of
the
River
af
Carron
in
the Coztniy
ofstirling,
to
tbc
Firth
or
Rivcr
of
Clyde,
at
or
near
a
Place
called
Dalmuirburn
Foot
in the County
ofDumbarton
;
and
ayo
a
Collateral
Cut
from
the
fa~ie
io
thc
City
cf
Glafgow
;
and
for
making a
Navigab!e
Cut
or
Cnnnl
of
Conimiuitication
frotri
the
Port
and Igarbour
of
Borrowltounnefq
to
j0i.v
thrjrid
Cn;ial,
nt
or
nenr
thc
Place
where
it
will fail into
the
Firth
ofFoi111;
thc
Company
of
Pro-
prietors
of
the
Forth
and
Clyde
Navigation
fi
cre
incorporated
for
the
I’urpofe
of
making,
completing, and maintaining the
hid
Canal,
arid
othcr neceffary
Works,
with
and under certain Powcrs,
RuI.-.s,
and
Regu1,itions therein
mentioned:
And
whereas an
AQms
made in the ElevcnthYc,ir
of
the
R
cign
of
His
prefent Majelty, intituled,
An
AB
to
cxplai71,
an:cnJ,
aid
rctzdcr
mort
I
L
G
.;.
c.C..
@etha/
an
Ad
riinde
in
the
Eighth
Ycar
of
[lis
prcfimt
A!i,?jrJ1’~
Rei,.);,
iu-
tituled
‘An
ARfor
mnking
nitd
niaintnininx
n
Naaignb!~
Citt
w
Cnzn/
from the
Firth
or
Rivrr
ofForth,
at
or
near
the
Mouth
f
the
Zii7
1-i-
Gf
Carron,
in
the
County
of
Stirling,
to
the firth
or
River
4
Clyde,
nt
or
.xclv-
a
Plare
ralicd
DalmuirburnFoot,in
rbe
County
of
Dumbarton
;
and
ayo
n
CollateralCut from
[Loc.
t.3
Per.]
c
/he
G.
3.
c*6i*
3490
13
G.
3.
c.
104.
24
G
3.
C.
jg.
27
G.
3.
c.
20.
27
G.
3.
E.
55.
30
G.
3.
c-
73.
39
G.
3.
c.
71.
54”
GEORGI
1
111.
Cap.
I
95.
the
fame
to
the City
of
Glafgow
;
and
for
making
a
ATavigabie Cut
or
Cad
of
communication
from
the
Port
and Harbour
of
Borrowfiounneis
to
join
the
faid Canal at
or
near the Place where
it
will
fall into the Firth
of
Forth:’
And whereas another
AA
paffed in
the
Thirteenth Year
of
the Reign
of
His prefent MajeRy, intituled,
An
A&
to
enlarge
the
Powers
oftulo
A&,
made
in
the Eighth and Eleventh Tears ofthe Reign
of
Uis prfent
:I
.‘ajc/ty,
for
making and maintaining a Navigable
Cut
ct
Canul
from thc Firth
0;-
River
of
Forth,
at
or
near the
Mouth
of
the River
of
Carron,
in
the County
of
Stir-
ling,
to
the
Firth
or
River
ofClyde,
at
or
near
a
Place called
Daluluirburn
Foot,
in the
County
tf
Dumbarton;
and ayo a C~llateral Cut
froni
the
fame to the City
of
Glafgow
;
and
for
making a Navigable Cut
or
Canal
of
Communication from the Port and Harbour
of
Borrowitounncfs,
io
join
thesaid Canal, at
or
near the Place where
it
wil/fidl rnto
the
Firth
$Forth
:
And whereas another
A&
was
made
in
the ‘lwenty-fourth Year
of
the
Reign
of
His
prefent
Majelty,
intituletl,
An
A&
for
cxtcnilirzg.
amending. and
altering the Powers
of
an
AR
made in thc Eighth
Ycar
of
tkc Reign
of
Nis
pre-
Sent
Majt$?y,
iniituled
‘An
AR
for making
and
maintaining
N
hTuvigabie Cut
or
Canalfrom
the
Firth
or
River
of
Forth,
at
or
near the
;L.‘outh
Ofthe
Rivcr
of
Carron,
in the County
ofstirling,
to
the Firth
or
Iiivcr
of
Clyde,
at
or
ncar a
Place cnlled
Dalmuirburn Foot,
in the
County
of
Dumbarton
;
and a@
~1
Col-
lateral
Cut
from the fame
to
the City
of
Glafgow
;
and
for
makii,g a Kaviguble
Cut
or
Canal
of
Conit/iirnication
from
the Port
and
Harbour
of
Borrowftoun-
neis
to
join the
/bid
Canal at
or
near the Place where
it
will fail
into
the Firth
of
Forth
:*
And whereas another
A&,
paSed in the Twenty-ieventh
Year
of
His
prefent Majelty, intituled,
An
AR
for
vnrying and
extending
the Powers
4
The Company
of
Proprietors
of
the
Forth
and
Clyde
Naviga-
tion
.-
And whereas another
A&
was
made in the l’wenry-feventh Year
of
the Reign
of
His
prefent Majelty, intituled,
An
Ah’
for
altering
wi
EX-
tending
the
Line
of
the
Cut
or
Canid
nuthorizcd
to
be made and maintaincd
,by
$0
much gfiveral
Ads
rnnde
in
the Elgbth, Eleventh, Thirteenth, and Twcnty-
fourth Tears ofthe Reign
$His
prfent
.Woj.$y,
ns
authorizes
the
mdi)g
nmi
tiiaintaining a Navigable Cut
or
Canalfrom the firth
or
River
$Forth,
[It
or
mar the
Mouth
of
the
River
of
Carron,
in
the
County
of
Stirling,
to
the firth
or
River
ofClyde,
at
or
near a PInce called
Dalinuirburn
Foot,
in the
C6Unt)r
of
Dumbarton
;
and a@ a Collateral
Cut
from the fame
to
the City
of
Glafgow
;
for
deepening the faid Cut
or
Canal, and
for
explaining and amend-
;fig
ji
much
of
the faid
ABS
as relates
to
the making and niuintaining the hid
Cut
or
Canal:
And whereas another
A&
was paRed in the l’hirtieth Year
of
the Reign
of
His
prefent
Majeity,
intituled,
An
AR
for
forming a JunRion
between
the
Forth
and
Clyde
Navigation and
the
Monkland
Navigation, and
for
altering, enlarging, and explainingj2veTal former
Ads
pafedfar making and
maintaining thelaid Navigations
:
which
Monk/andNdvigaiion
was authorized
to
be made
by
virtue
of
an
A&
paffed in the Tenth Year
of
the Keign
of
:
And whereas another
A&
was made
in
the ‘I’hirty-
of
His prefent M;ljefiy, intituled,
An
AR
for
em-
powering tbe Company
of
Proprietors
of
the
Forth
and
Clyde
Navigation
to
rcpay into the
Court
of
Exchepuer in
Scotland,
the
Sum
advanced
to
them
for
the Purpge
of
completing thc faid Navigation,
for
repealing
fo
much
of
an
A&
of
the Twenty
fourth
Yetw
of
His
prqeelit
MajeJy as related
to
tbeJaid
Com-
pany, and
for
enabling the Barons
of
the faid Court
of
Exchequer
to
udvance
Part
of
the
Sum
fi
to
be received
to
the Company
rf
Proprietors
of
the
Crinan
Canal on certain Conditions:
And
whereas
an Att
was
paffed in
the
Forty-
12
fixth
fixth Year of the Reign
of
His
prefent Majefiy, intituled,
An
A&
to
alter
4
G.
3.
and amend thejveral
ABS
paJedfor nuking and tnuintaining the
Fortn
nnd
Clyde
Navigation:
And whereas it would
be
highly beneficial to
the
Public
if
the faid Company were empowered to purchafe Ground for
extending the Bafin and making new Streets and Wharfs at Port
DundaJ,
within the Barony
Parih
of
Glakow
and County
of
Lanark;
and for im-
proving the Entrance leading from
the
Firth of
Forth
to
the Harbour of
Grangemouth,
within the Pariihes of
Polmont
and
Bothkennar,
and County
of
Stirling
.-
And whereas it would tend
to
encourageManufaklories, Diailleries
and other Works on the Sides
of
the faid Canal, Collateral Cut, and Cut
of
Junklion with
the
Monkland
Canal, and be of great Benefit
to
the Pro-
prietors
of
Land adjoining the fame, if the faid Company were authorized
to grant Liberty to fuch Perron and Perfons
as
already have erected
or
may
hereafter erect any fuch Manufactory, Diltillery, or other
Work on the Sides of
the
hid Canal, Collateral Cut, and Cut
of
Junction
with
the
Monkland
Canal, by means
of
Pipes to take Water out
of
the
fame, for the Purpofes
of
fuch Manufactory,
Diftillery
or other
Work,
fubject
to
certain Conditions, Rules, Regulations, and
ReRric-
lions
:
And whereas in Confideration of the Charges and Expences already
iiicurred, and
to
be incurred by
Thomas
Lord
Dundas,
his Heirs and
SuccetTors, in erecting and maintaining the Wharfs belonging
to
him,
on
the
South Side
of
the Outer
Bafin
at
Grangemouth,
it
is
jufi
and reafon-
able
that
the
Wharfage authorized by the faid Act
of
the Twenty-fourth
24
G.
j.
Year
of
the Reign of I-Iis prefent Majefiy,
to
be levied by the bid
TbomaJ
C.
j9.
Lord
Diindas
(then
Sir
Thomas Dundas,
Baronet), his Heirs, Executors,
SuccerCors or Afigns, on all Veffels lying on the South Side
of
the faid
Outer Bafin
ai
Grangemouth,
mould be encreafed to the Amount which
the
faid Company are, by the faid Act paired in the Forty-fixth Year
of
His
46
G.
3.
Majefiy’s
Reign,empowered
to
levy on allVeffels lying on the North Side of
C.
120.
the
famcBafin: And whereas the faid AQs require to
befiillfurtherexplained,
enlx-ged,
altered,
and amended
:
May
it
therefore pleafe Your Majelty,
That
it
may
be enakled
;
and be it cnalttcd by
the
King’s
moO:
Excellent
Majefiy, by and with the Advice and Confent of the Lords Spiritual and
Temporal, and Commons, in this prefent Parliament aifembled, and by
the Authority
of
the
fame, That it hall and may be Iawful to and
for
the
Bafin
at
raid Company of Proprietors of the
Forth
and
Clyde
Navigation, their
Succ
Port
Dundas
ceifors and Afigns, and they are hereby authorized and empowered
by
EddrbiE
of
themfelves, their Deputies, Agents, Officers, Workmen, and Servants,
G~~~~~.
to
enlarge and extend the Bafin, and make New Streets and Wharfs at
mnutn,
CO
be
Port
Dunciar
in
the Barony Pariih
of
Glu~ow,
and
County
of
Lanark,
ei1largcd
and
anti
to
improve the Entrance from the Firth
or
River of
Forth,
into the
imp'oved.
Harbour of
Grangemouth
in the Parifhes of
Polniofit
and
Botbkennar
and
County of
Stirling,
by making a Bank from the faid Harbour
to
the
Mouth of
the
River
of
Carron
;
and to make a Towing Path on the faid
Bank for tracking Veffels up and down the faid River of
Carron,
and to
make
Uk
of and keep in Repair for that Purpole the
Sea DiRe
on
‘the
South Side of the New Cut from
Grangemouth.
I
‘O*
11.
And be it further enaaed, That the faid Company of Proprietors
Canal
to
be
hall be and they are hereby authorized and empowered by themfelves,
their Deputies, Agents, Officers, Workmen, and Servants,
to
alter, widen,
and enlarge the
faid
Canal, Collateral Cut, and
Cut
of
JunBion, and
the
3692
Puwers
cif
former
ACts
for
purchsf-
in3
Lands,
&c.
t’,
be
continued
for
thore
Pur-
pores.
Plans
ind
Bocks
of
Re-
fer
e
nce
t
o
remain
with
the
C!crks
of
the
Peace.
Lands,
&c.
not
to
bt
taken.
54”
GEORGII
111.
the Works thereto belonging
;
and to raife the Banks or to fink the
Bed thereof in fuch Way and Manner
as
the faid Ccmpany of Proprietors,
or
their Governor and Council
hall
think
fit
for making the fame ‘Ten
Feet Depth of Water in every Part thereof, navigable and paffable for
Boats, Barges, and other Veffels.
111. And beit further enaaed, That all the Powers, Privileges, and Au-
thorities,
now
in force granted to the
hid
Company
of
Proprietors, their
Deputies, Agents, OAicers, Workmen, Servants, and Rffigns, by the be-
fore recited
AQs,
(fubjdt always to the Refiritlions therein men-
tiotled,)
in
fo
far
as
not hereby altered or amended, hall remain in
full Force and be effe&ual
as
to procuring Materials, purchafing Lands,
and every other Matter or Thing whatfoever which may be neceffary
for enabling thc fidid Company
of
Proprietors and thcir Deputies, Agents,
Officers, Servants, and Workmen,
to
execute the Purpofes
of
this
Ack
herein before mentionej, according to the Intention thereof, and the
Powers hereby given
;
and that whcn the faid
Bafin
and Wharfs
at
Port Dundm are made and extended
in
Manner authorized by this A&,
it
hall
and may be lawful
to
and for the faid Company
of
Proprietors,
their Succeffors and Afigns, to
lzvy
and recover therein and thereupon
the fame Rates and Duties which they are empowered
to
levy
in
and
bpon the other BaGns and Wharfs of the
faid
Canal and Collateral Cut,
by
the faid lafi recited
AA,
paged in the Forty-fixth
Year
of
the Reign
of
His
prefent Majelty.
1V.
And be it further enacted, That the Maps or Plans of the faid
intended Extenfion of the Uafin at Port
Dimdas,
and
of
the hid in-
tended Improvement
of
the Harbour of
GI-angeiiiorttb,
with tho other
Purpofes herein before mentioned
;
together
with
the
Books of
Reference containing
Lifis
of the Names of the Owners
or
reputed
Owners and Occupiers
of
the Lands anti Prcinifes rcquircd ior the
fame, uhich have been depofited at the
Offices
of
the
Clerks
of
tho
l’eace
for the Counties of
Lrrnark
and
Stirlitis
rcfpectively
iii
which
iuch Lands and Premifes are refpectiveiy Gtuated,
fhall
remain
in
the Cukody
of
the Clerks of the Peace for the faid Counties rcfpec.
tively,
to
the end that all Perrons may, at all feafonable Times, have Li-
berty to infpect and perufe the fame, and to take Copies or Extracts
thereof, at their Will and Pleafure, paying fuch Clerk of the Peace the
Sum of
Two
Shillings and Six-pence for every fuch Infpection, and
at the Rate of Eight-pence
for
every Hundred Words
of
fuch Copies
or
Extracts.
V.
Provided always, and
be
it
enacted, That nothing in the faid recited
Acts
or
in this Act contained,
hall
extend to authorize the
laid
Company
of
Proprietors to purchafe or feu mwe than Three Acres of
Land
for
enlarging and extending the Bafin, and making New Streets
and Wharfs at Port
Dundrrs,
over and above the Quantities autho-
rized to
be
feued
or
purchafed by the faid recited
Att,
patled in the
Thirtieth Year
of
the Reign
of
His prefent Majelty
;
or to take any Houik
the fide Walls
of
which are
of
the Height of Eighteen
Feet,
or any Avenue
to
any
Houfe
or
any I’lantation
of
Trees adjoining the fame, planted
before
5
4‘
G
E
0
RGI
I
111.
Cap.
rg5.
3693
-
bc.fore
the
pafli:ig
of
this Act, or any Garden, without the Confent
in
li’riting of the Owners or Occupiers thereof.
VI. And bc
it
further enacted, That if any of the Grounds and
Mjfnoners,
Prenlifes
laid
down or defcribed in the faid Maps or Plans
or
Books
of
&c.
Po:
to
Kcfcrmce, or any of the Perrons in whofe Poffeifion or Occupation the
~~~;un~oa
jinie
or
any
Part thereof, arc or is fiated or defcribed to be, are or
is
in-
of
accurately defcribed
or
mifnamcd, fuch inaccurate Defcription
or
Mil-
nwner
hall
not prevent or retard the Execution of this Act, but the feve-
rdl
Premilcs and evcry
P,rt
thereof ilia11 and may be purchafed and
fold
or alfefGd and valued by
a
Jury, and conveyed, difpofed of, and applied
for and
to
the Purpofcs of this Act, in the Manner directed by the faid
recited Acts,
or
any or either of them, as fully and effectually as
if
the
fame were properly named and defcribed, *provided it hall appear to any
‘I’wo
or more Jufiices of the Peace for either of the faid Counties, and
be
ccrtificd in Writing under their Hands, that fuch inaccurate Defcrip-
tion or lllhorner procecdcd from Miltake.
VII.
And
bc
it
further enacted, That at Iedk Six Months Notice in
Notice
tobe
Writing
hall
be given to every Occupier of the faid Grounds and Pre-
given
to
Oc-
mifes,
prcvious to the Term
of
Il’bi~unday,
at whicll he
or
he
hall
be
cuP1em
required to remove thcrcfrom.
VIII.
And
be
it
enaQcd, That
if
any Money hall be agreed
or
awarded
Application
to
bc
paid for any Lands, Tenements, or Heritages purchafed, taken
or,
of
Compen-
ufcd by virtue
of
the Powers of the faid recited
AQs
or this AQ for the
Pur-
~~~~nY~~o
pofes thereof, which are held under Entail, or are fubjea to Life Rents
zool,
Aclnnuities, or other Incumbrances, or ihall belong to any Incorpo.
ration, marricd Woman, Infant, Lunatic, or Perfon under any
Dif.
ability or Incapacity, fuch Money
fhall,
in cafe the fame hall amount to
or escccd
the
Sum
of
Two
hundred Pounds, under the DireQion and by
the Authority of the Court
of
Scflion, be with all convenient Speed paid
into the Bank of
Sdirnd,
or Royal Bank of
Scotland,
to the Intent that
fuch Money ilia11 be applicd under the DireQion and with the Approbation
of
the faid Court,
to
be Ggnified by an Order made upon a Petition
to
be
preferred in a fu1nmary
Way
by the Perfon
or
Perfons who would have
been entitled
to
thc
Rents and Profits of the faid Lands, Tenements,
or
Heritages, in the Purchafe or Redemption of the Land Tax, or Difcharge
of
any Debt or Debts, or fuch other Incumbrance, or Part thereof,
as
the
Paid Court
hall
authorize
to
be paid, affecting the fame Lands, Tene-
iiients,
or Heritages, or affecting other Lands, Tenements,
or
Heritages
if~~ciing
fettled therewith, to the fame or the like Ufes, Intents,
or
Pur*
pofes
;
or where fuch Money
hall
not be
io
applied, then the fame
hall
be laid
out
and invefted under the
like
DireQion and Approbation of the
faid Court in the Purchafe
of
other Lands, Tenements, or Heritages,
which hall be conveyed and fettled to, for, and upon fuch and
the
like
Uks,
Trufis, Intents, and Purpofes, and in the lame Manner
as
the
Lands, Tenements, and Heritages, which hall be purchafcd
as
aforefaid
Rood
fettled or limited, or fuch of them as at the lime
of
ITlaliiilg
fuch
Conveyance and Settlement hall be cxilting, unc!ctcnnincd, and capable
of taking Effcct
;
and in the mean
Time
and
until
fuch I’urchafc
ihall
be
made, the
Inter(
fi
or
a1inual
Producc
of
i‘uch
h’10ncy
ff::i!I
from
Time
to
[
Lsc,
L4
P‘t-.]
41
11
Time
3694
Time
be
paid
by
Ortler
of
the
Lid
Court, to thc Perfon or Pcrfons
who
would for
the
Time
being have been entitled
to
the Rents
and
Profits of
the
Lands,
'l'cnenicnts,
and
Ijeritagi>s,
Ti)
hereby dircctd
to
be
purchafed,
in
cafe
fuch hrchafe or Settlement
wL>rc
made.
Application
above
zol.
1X.
l'rovidcd always, and be
it
enatled, I'hat
if
an.;
Money
fo agreed
or awardect to
be
paid
for
any Lands, l'encmcnts,
or
!
!,t
irdges purchafed,
taken,
OT
ufed for the Purpdes aforehaid, and belonginl;
t
any Corpora-
tion, or to
any
Perfori under lW',ibility or Incapacity
;IS
aforcfaid,
hall
he
leis than the Sum
of
'Two
hundrd l',)unds,
ad
111~11
excccd the Sum
of
'l'wenty
Pounds, then and in
all
fuch
Cafes
the Fame
fhdll
at
the Option
of
the Perron or Perfons for the
1'imc
being entitled
to
the
Rents and
Profits of the Heritagcs
fo
purchafed, t'ikcn, or
ukd,
or of his, her,
or
their Tutors or Curators, in cafe
of
Infancy or
Lunacy,
to
be
fiynified in
TVriting undcr their rcfpefiive Hands,. under the like 1)irctIion and
Authority, be paid into either of
the
hid
Banks, and
be
plC~ccd
to
his or
their Account,
in
order to be applied
in
Manner hcrcin-bcfore directed,
or
otherwife the hnie hall be paid at the like Option to
TIIO
'lruftces,
to
be nominated by the Perfon or Perfons malting fuch Option, and approved
of by
Two
or more
of
the Committee of Council of
the
faid Company,
(fuch Nomination and Approbation to be fignified in Writing undcr the
Hands of the nominating and approving Parties,) in ordcr
that
fuch Prin-
cipal Money, and the Interell arifing thereon, may be applied in hlmner
herein-before directed,
fo
far
as
the Cafe may be applicable.
X.
Provided
alb,
and
be
it
enatled, That
where
fuch RIonry
To
anreed
or awnrdcd to be paid
as
ncxt before mentioned ihdll
be
lek
th:in 'I'Genty
Pounds, then and in
all
fuch Cafes the
fanw
ihnll
bc applied to the
Uf..
of
the
Perron or Pcrfons who would for the
'I'ime
king
have
been
t1iti:lt.J
to
thc
Rents
and
Profits
of
the Lands, 'l'enements, or IIeritages,
10
p~~hfic.~!,
in
Cuch
Rlaiincr
as
the faid Coiumittee
of
Council,
or
any
TVJO
dt
thm,
fhdl tliiiik
fit,
or
in
cafe
of
Infmcy or I,unacy, thcn to
his,
her,
cir
thtir
-1'utors
or Curators, to and for thc
Ufc
and Benefit of fuch
pcrfoo;l er
Pk-i
hs
Co
cntitlcd rcfpettively.
where
under
tool.
and
Application
un!er
zo!.
In
iJrr
t
r
rot
XI.
Aid
bc
it
cnaacd, That in
de
the Perfon or Perfons
to
whom
mak:iz;
riit
any
Sum
or Sums
of
Money fliall be awarded for the Purchafe
of
any
-rltl-q,
x.~
PurLh.,fe
Lands,
Tcncrncnts, or Heritages to be purchafed by virtue
uf
the
f~id
FJr7r.ry
ro
i-e
recitcd
Aiis
or this
AB,
hall refufe
to
accept the fame, or
hall
not be
paid
inlo
the
able
to
make
a
good Title to the Premifes to the Satisfaaion
of
the raid
*'
Company, or in cafe fuch Perfon
or
Pcrfons to
whom
fuch Sum or
Sums
&,
of
Money hall be
fo
awarded as aforefaid cannot be found, or
if
the
lubject
to
the
Perfon or i'erfons entitled to fuch Lands, Tenements, or Heritagcs
bc
Older
of
the
not known or diicovered, then and
in
every fuch Cafe
it
fliall and
may
CourKot
be lawful to and for the faid Committee
of
Council to order the Sum
or
Sums
of
Money
io
awarded as aforefaid to
be
paid into the Bank
of
fion.
Scotland,
or the Royal Bank
of
Scotland,
in
the
Name
of
fonie
one
of
the Principal Clerks of the Court
of
Sefion,
to be placed to his Account
to
the Credit
of
the Parties intereited in the Lands, Tenements, or Heri-
tages, (delcribing them,) fubjeQ to the Order, Controul, and Difpofi-
tion of the faid Court
of
Sefion,
on the Application
of
any
Perfon
or
Perfons making Claim
to
fuch
Sum
or
Sums
of
Money, or any Part
5
thereof;
Scoilard
or
54’GEORGII
111.
Cap.
195.
369s
tj:rreof,
by
Pctition, and the faid Court
hall
be and
is
hereby empowered,
a
fwnmary Way of Proceeding, or otherwife, as to the fame Court
fld
kcem
meet,
to
order the
fame
to
be laid out and invefied in the Pub-
lic
Funds, or upon heritable Security, or
to
order Difiribution thereof,
or
1’;lyncnt
of
the Dividends or Intercft thereof, according to the refpec-
tivc
I
or
Eftatcs,
Title or IntereR of the Perfon
or
Perrons making
Claiin
th~:rninto,
and
to
makc
fwh
other Order in the Premifes as to the
fill
Ccurt
hall
Icein
jufi
and reafonable
;
and the Cafhier or Cafhiers
of
thc
13anI:
of
ScGt!and
and
Royal Bank refpefXvely, who fhall receive fuch
:;FYI
or
Surlis
of
Money,
is
and are hereby required
to
give
a
Receipt
or
ICcciipts
for
the Sum or Sums
of
Money, mentioning and fpccifying
for
:v!l.;t
arid
fur
whok
Ufe the fdme
is
or are received, to fuch Perfon
or
i’ci.fi?ns
;IS
fliall
pay any fuch Sum or Sums of Money into either
of
the
Ih::!.;s
as
aforcfaid.
XI[.
Provided
always, and be
it
further enaffed, That where any Quef-
Provifion
in
tioii
hll
xitc touching the
Title
of
any Perfon to any Money to bc paid
$~$~‘-
iiitu
tlrc 13:ink
of
Scotland
or
Royal
Bnnk
of
Scotland,
undcr the DireQion
Titles,
ancl by thc Authority of the faid Court of Sefion in purfuancc
of
this
Att,
for
the
lk-chafe of any Lands, Tencmcnts,
or
Heritages, or any
Ettates, Kights, or Interefi in any Lands, Tenements, or Heritages,
to
1,e purchafed in purfuance of the
faid
rccited
AQs
or this
AQ, or
to
any Lands, Tenements, or Heritages to be purchafed with any fuch
Money, or to the Rents or Profits thereof, the Perfon or Perrons
who
lhall have been in Poffefion
of
fuch Lands, Tenements,
or
Heritages at
the The
of
fuch Purchafe, and
all
Perrons claiming under fuch Perfon
or
Perrons, hall
be
deemed
and
t.Aken
to
have been lawfully entitled
to
Puch I,ands, Tencmcnts, or Heritages according
to
fuch Poffefion, until
the
contrary hall
be
hewn
to
the SatisfaQion of the
faid
Court
;
and the
Rents and
Profits
of the Lands, Tenemcnts, and Hcritages
to
be
pur-
chafed with
filch
Moncp, and alfo the Lands, Tenements, and Heritages
To
prchafed,
ihall
be
paid, applied, and dirpofed of accordingly, unlefs
it ala11 be
made
appear to the hid Court that fuch Poffefion was
a
wrong,
ful
Poffeeflion,
and that
fome
other Perfon or Perrons was or were law.
fully entitled to fuch Lands, Tenements,
or
Heritages,
or
to
ibme
Efiate
or
Interelk therein.
XIII.
Provided aIways, and be
it
further enaaed, That whel.e, by
rearon
Expence,
af
of any Difability or Incapacity
of
the Perfon or Perfons or Incorporation
fuch
Pur-
chafes
how
entitled
to
any Lands, ‘I’enenients, or Heritages to be purchafed under
tO
be
paid.
fie Authority of the kid recited
ARs
or this
A&,
the Purchafe Money for
the
fanit
hall
be required to
be
paid into the faid Court, and to
be
applied
in
the Purchafe
of
other Lands, Tenements, or Heritages to
be
fettled
to
the
like
Ufes
in
purfuance of this
AQ,
it hall
be
lawful for the faid
Court to order the Expences
of
all Purchafes from Timc to Time to be.
made in purfuance of the faid recited
ARs
or
this
AQ,
or
io
much of fuch
Expences
as
the Court hall deem rcafonabk, to be paid out
of
the
Tolls
and Duties granted
by
the faid recited
AQs
or this
A&,
and the faid
Company
hall
from ‘Time
to
Time pay fuch
Sums
of
Money for fuch
Purpofes
as
the
fid
Court
fhall
dire&.
XIV.
And
3696
Pieces
of
XIV.
And be
it
further enatled, That
it
hall bc
lawfd
for the
hid
Ground
not
Governor and Council
to
fell, feu, and
difpok
of
any Piecc or Pieces
of
Ground of
which
the
hid
Company
of
Proprietors
arc
or
niny
become
wanted
may
b:
fold.
po&&d by virtue
of
the
Caid
rrcitcd
A&
or this
Act,
nild
which
may
not be wanted for the Purpofes thereof; and the 1)iljolitioiis or Con.
veyances
to
be
inacic
of
Iuch Piece or Pieces
of
Ground being fealed with
the Conipany's
Seal,
figned by the Govcrnor, and
~~~iitcrfig~i~.i
by the
Secretary, and rcgiitcred in the Sheriff Court
Books
of
the
County in
which fuch Piece
or
Pieces
of
Ground fh~ll
be
fituatc,
111,JI
be
good and
efYe&ual
in
the
Law
to ail Intents and
Pul-pores.
Proceedings
XV.
Provided always, and be
it
further
endled, That
in
cafe the
faid
ruth
Sale-
Governor and Council
hall
tlilnk propcr
to
fell,
LTI,
or
difpok
of
any
Piece or Pieces of Ground which
hall
have
bccn
p-chakd,
but which
hall not be wanted for the Purpofes of
tlic
hid
recited
Ac'ts
or this
A&,
they hall firrt offer the hie for Sale to
the
l'erfon or Perrons of whom
the fame
hall
have been purchafed
;
and if fuch
Perfon
or Prrfons re-
fpeaively
hall
then and thereupon refufe, or fliall riot agree (except
with refpeQ
to
or
on
account
of
the Price thereof) to purchafe
the
fame
refpe€tively, an Affidavit to be made and horn before One
of
His
Ma-
jefifs Juflices of the Peace for the County in which fucli Piccc or Pieces
of Ground hall be iituate, (who is hereby eiiipowered to take fuch
AG.
davit,) by fonie Perfon or Perions no way interefied in the
hid
Piece
or
Pieces
of
Ground, fiating that fuch Offer was made by or on
the
Behalf
of
the faid Company
of
Proprietors, and that Cuch Orer was then and
thereupon refufed or was not agreed to by the
I'crfon
or Pcrfons to
whom the fame was made,
fliall
in
all
Courts wliatfaever
be
iuficient
Evidence arid Proof that fuch Oifer was
made,
and
wds
refufd or not
agreed to by
the
Perfon or Perrons
to
whom fuuch
Ofi-er
was made (as
the
Cdc
may
bz)
;
and in cafe fucli
Pcrfon
or Pcrfons
fliall
bc
dcfirous
of
purcliafing
fu~h
Piece or Pieces of Ground, and
he,
the?
or they and
the
hid
Gorei
nor and Council
fliall
diffcr
or
not agree
with
refpp,o& to
the
Price
theredf,
then thc Price
or
Prices thereof
ilinll
be
afccrtained
by
a
Jury in Manner by the
fdid
recited
ric"ts,
or
any or either
of
them, di-
re,ted
.rt-ith
refpcct to difputd Value
of
Preniiles to be purchafed
by
the
faid Company in purfuance
of
the faid recited
AQs
or
this
A&
;
and the
Expencc of hearing and deteriiiining fuch Difference hall be borne and
paid
in
like
Manner
as
by the hid recited
AQs,
or any or either
of
them,
directed with refpea
to
Fuch Purchafe made by the faid Company
712Ufdif
~~zutsndis;
and the Money or Feu
Duty
to arik by the Sale
or
Sales,
which
hall
be made by the faid Governor and Council of fuch Piece or
Pieces
of
Ground as aforefaid,
hall
be applied to the Purpofes of the
faid recited
AAs
and this
A&
;
but the Purchakr or Purchalers
h;dl
not
be
anfwerable or accountable for any Mifdpplication or Nonapplication of
fuch Money or Feu
Duty.
XVI.
Provided always, and bc
it
enaaed, That in cafe the Works hereby
authorized to be executed at
Port
Dundas
and
Grangemouth
hall not be
completed,
fo
as to anfwer the Purpofes thereof, within Five Years from
and
after the pafhg
of
this
A&
all the Powers and Authorities herein
contained for executing the faid Works
hall
thcnceforth cede and deter-
mine,
IBrarito
as
to
Works
not
evecuted
within
a
li-
mited
54"
GEORGII
111.
Ccip.
195.
3697
mine, fave only
as
to
fo
much of fuch Works rcfpeQively
as
hail have
been
completed within the Time aforefaid.
BVII.
And
be
it
further ena&d, That
it
fliall
and may
bc
lawful
to
and
The
Cm-
i;r
tile
hid Company of Proprietors to borrow
and
take up at Intercfi upon
P3nY
ma!'
;hL
Crdit
of
the
Rates and Duties granted
by
the faid recited
A&s
!iLz
not
and
this
ilz't,
or any or cither
of
them, any
Sum
01.
Sunis of Moncy not
e,yccrdir.g
exceeding in
the
Wholc
tlic
Suni
of
Forty thoufand Pounds Stcriing,
40,ccol.
hr
rile
lk-pofe
of
enlarging and extending thc Eaiin, and making
ilcw
Streets
and
'iijharfs
at
Port
Dzrxias,
of impving the
Eiitrnncc
froi;l
the
Firth
or
Rivx
of
Furth
to
Grmgcnoutb,
and
of
altering, widenin?, and
enlarging
the
hid
Canal,
Collateral
Cut, and Cut
of
JunLIion
with
the
AIG?iX./fl;Zd
Curid,
and
the
TVorks thcreto belonging,
and
raifi:ig
the
ljmks, or
ihikii!;
tile
Ectl
thxccf
for makicg the fame
Tcn
Fe2t
Depth
of
Water
in
every
i'art
FhcrCOf,
or
for any or cither of fuch
!'urpofes
;
ml
that
tIic
Alii
iiriieI;tS
OF
the Tolls,
Rates,
and
Ihtics
arifing
or
to
arik
by
vi
UP
of
the
hid
recitcd Acts
CT
this
Act,
for
fJr
frcuring
fecuI.ii32
the
lJ'ayment
of
thc
Sunis to
bc
t)orr\)\;.cd
under
the'
th~
{Arne
Authority
ht.rcby
granted,
fliall
be fcaled
iidith
tltc
Conipmy's
Sed,
:h31'
fignd
by
thc
Gove:.nor, and countcrfigned
by
the
Seci-ctaryl
;
and
that.
rc,,i:,ered.
the Memornnduni In the
Book
or
Books
for ciltcrin;;
and
regirterihg
the
fame,
aiid
thc
Transfers nnd
othcr
Conveyanccs thereof, fjxcifying the.
Nulnber
of
Pages of which fuch
Book
or
1300l;s
Ilia11
conlilt,
ffiall
bii
fiigned
by the Governor,
and
every Page
of
the
whole Number markcd
by
hiin with the Initial or Initials
of
his
Namc
;
arid
that
fuch
Book
or
Books
fliall be kept,
ar,d
the Entries therein
of
all fuch Atlignments
and,
GF
the Transfers and other Convcyances thereof be
inadc
by
the
Superin-
tenderit
of
the
hid Company, who
fliall
and may
do
every Thing relatin
thereto, which
was
anywife conipctent to the Clerk or Agent
of
the
fai
Company
;
and that
all
the
Powers
and Authorities for borrowing Moncy,
2nd
all
Ciaufis,
hlatters, and 'I'hings
as
to
the
Afipniccts for fecuring
the
Payment thereof, and
to
the
l'ransfers
or
othcr Conveyances of the'
fame
contained
in
any
of
thc
faid
I-ccitcJ
Acts, in fo far
as
not
hereby altered or amended, ilia11 remain
in
full
E'orcc
and
be
effectual'
for enabling the hid
Cornpmy
to
borrow
any
Sum
or
Sums not exceeding
the
Faid
Sum
of
Forty thoufand I'oucds, for the Purpofcs aforefaid,
2nd hall be extended
to
the Afignnients to be granted for feecuring the
Payment
at
London,
Edinlrrt-gb,
or
GluJgcw
of
the Money
to
be
borrowed
under the Authority given by this Act, arid to thc Transfers
or
other
Convcyanccs thereof.
SVIII.
And
be
it
further enaQed,That theMoney
10
to
be
borrowed,
and
Money
bor-
for
\vhich
fucii
Afignments
hall
be
given
and
granted,
fliall
be applied for
rowed
10
be
applied
CO
carrying the fpecial Purpofes of this
AQ
hereinbefore mentioned into
the
fpecial
effeatual
Execution,
and
to
or
for
no
other
tJk
or Purpofc whatfoever.
purpoies
of
thisAet
only.
XIX. And be
it
further malted, That in Confideration of the Charges
T~~I~
be
andExpences to
be
incurred
by
the faid Company,in making and maintaining
levied
on
the
faid
Rank
from
the Harbour
of
Grangemouth
to
the Mouth
of
the
VeRPis
n3vi-
River
of
Camon,
and
the
Towing Path thereon, it hall and
may
be lawful
Kiver
Carroo
to
and
for the Paid Company of Proprietors, their Succeirors and
Afligns,
to
Or
from
when the fame hall
be
completed,
to
ak,
demand,
take,
and
recover,
to and
the
Firth
cf
How
the
cu:eti
and
%
gating
the
foni
Forth.
[Lac.
Ej,
Per.]
41
E
3.69
8
111.
cap.
195.
for thcir own
yroper
uk
and nehwt'
:!
Rate
or
Duty
ni: esce?Lillg ]:our-
pencc Sterling
pcr
Ton
on
::I1
s!+?,
fh:it.;,
Barges,
ancl
ntlicr
Vcil'els
ping
to
or
conling from the
H.~rlvmr
of
G~.x~cimz~il~~
or
nfin;
thc
faid
To~i~ig
Path
in
navigatinq
the
hid
Rivcr
of
CCITI-OIZ,
to
or
from
the Firth
or
River
ofJ'ot.tb,
to bc IevicJ according to
the
Regiiter
or
RIeafurement
of
every fuch Sliip,
Boat,
Barge,
cr
othcr
Vefl'el,
and agreeable to
fuch Orders, Rules, and llegulations,
as
hall
from
'hie
to
'Time
be
Xued by
the
fiiid Covcrnnr and Council
for
the 'Yii11e being, by virtue
of the
PoLrcrs
by
the
faid recited
AAs
or
this
A&
given and granted.
XX.
And bcit fiirthcr cnakked, That
it
hall and
may
be
hwful
to
and
:'roprierors
for the Governor and Council
of
the hid Company for the
'Lime
being, to
Of
Llanufsc-
give and grant Liberty and Permifion to all and every Pcrfons and Perfon
tories
Or
who already have or hath erefied, or
may
hereafter ere& and efiablih any
''Jo'kr
tnr
hi3-s
'"
of
Manufatlory, Dillillcry, or other Work, on the Sides
of
the faid Canal,
thecanal.
Collateral
Cut, or Cut
of
Jun&ion, to
lay
Pipes
(of
filch Size or
Dimations
as
thc
Faid
Governor and Council fliall think proper,)
through the Banks thereof, for condutling the Watrr
therefrom
to
fuch
ManufaQory, Diitillery, or other Work, for the Purpofcs thereof; and
all
fuch Pipes
fo
pcrmittcd to be
laid,
hall be placed at the Sight and
under the DireAion and Superintendence of the Officers
of
the
faid
Com-
pany, in fuch Way and Manner as the faid Governor and Council
hall
dire& and appoint,
fo
as
not
to
weaken or endanger
thc
Banks
of
the
faid Canal, Collateral
Cut,
or Cut
of
JunQion, and fliall
bc fo
placed, and
the Works they are intended to ferve
fo
conitrutled and iituatrd, that the
Surfaceof the Water
to
be taken and ufed therein, fliall not at any Time
be
under the Level of the furface Water of the faid Canal, Collaterdl
Cut,
or Cut
of
JunQion, and that the Water, after ferving the Purpofes of filch
Works, hall be returned into the faid Canal, Coliatcral Cut, or Cut
of
Juntkion,
free
from any Mud or Impurity which may beinjurious thereto,
but
that
no
Pcrfon
hall
lay any fuch Pipe into the fame without
a
previous
Order in Writing
of
the faid Governor and Council for the Time
being, who fhall and may, from
Time
to Time, ehblilh fuch other Rules
And Regulations as they
hall
think
fit
for the proper Ufe of the Water
hereby authorized to
be
given for the Purpofes aforefaid, the
fame
not
being contrary to the Law
of
Scotland,
and who hall and may remove
every Pipe laid withou: their Confent, and
flop
or cut
off
the
Supply
to
any fuch ManufaQory, Diltillcry,
or
othcr Work, in or for which
the Came hall not be ufed, agreeably to this
AO,
or fuch Rules and
Replations
;
and
it
hall
be lawful for the faid Governor
and
Council
to enforce Cuch Rules and Regulations by fuitable I'cnalties not cxcccd-
ing Ten Pounds Sterling
for
each Ofience, and not csceeding.
Five
Pounds Sterling for ezclr
Day
during which the Infringement
of
fuch
Rules and Regulations
hall
continue after Notice
hall
have licen given
to the Perfon or Pcrlons
fo
ogending to abate or remove the fame, to be
levied, recovered, and applied in the fame Manner
as
any
Penalty
is
direAed to be levied, recovered, and applied by thc hid recited
A&s.
Pbnrr
to
grant
Wa:er
XxI.
And be it further enaaed, That
it
ffiall be lawful
for
the faid
Company
of
Proprietors, and their Succeffors and Afligns, to
ak,
demand,
take acd recover, to and
for
their own proper
Ufe
and Behoof, from the
levera1 Proprietors, Tenants, or Occupiers of the faid ManufaQories,
7
Dif-
fild
tq
take
tame.
fJr
54.
GEORGiI
111.
Clip.
‘95.
3699
Difiilleries, and other Works,
an
Annual Rcnt or Suni according
to
the Size
or
DimenGons of thc Pipe or Pipes for conveyins the Water to
fuch ManufaQory, Difiillery, or other Work, not exceeding the Sums
following
;
(that
is
to
fay,)
a
Suni
not
cxcecding Five Pounds Sterling
for
a
Pipe
of
one Inch Diameter,
a
Suni
not exceeding Ten Pounds Ster-
ling for a
Pipe
of
‘l’wo
Inches Diametcr,
a
Sum
not exceeding Fifteen
Pounds Sterling for
a
Pipe
of
Three Inchs Diameter,
a
Sum not exceed-
ing
Twenty
Pounds Stcrling for
a
Pipe
of
Four Inches Diaoieter,
2nd
a
further Sum not exceeding Ten Pounds Sterling for every Inch in Diame-
ter of
a
Pipe exceeding
Four
Inches
;
fwh Rcnt to be payable
Iblf-
yearly for fupplying every fuch TvIanuf;ldory, Difiiilery, or other
tVd
with Water, in Manner aurhorifed by this
ALL
XXII.
ProvidetI always,
and
be
it
furlher cnaRed,That
it
fnall
be
In:vfuf
The
corn.
for the Paid Company
of
I’roprietors, and their Officers and
Scrvants,
ahm
pany
may
and
as
often
as
they ihall think proper, to run
off
the Water from
the
hid
run
Off
the
Canal, Collateral Cut. and Cut of JunAion, for the Purpofc: of repairing
the
Can,l,
the
lame,
or
any Part thereof, or for any other Purpofe whatfoever
;
and
and
rtop
t~lz
incafe
of
ascarcity of Water therein for the Purpofes
of
the
laid Navigation,
Supplies
to
to
itop
the Supplies to the faid ManuhQories, Difiilleries,
or
other
Works,
Iuch
Works-
without giving any Notice to the Proprietors or Occupiers thercof, and
without being liable for any
Damage
any fuch Proprietor or Occupier map
fuffcr, or prctend
to
fuffcr,
by being thereby deprived
of
the Ufe
of
fuch
Water.
Water
from
SXIII.
And
be it enalted,
That
all ‘Transfers of Sharcs in
the
faid Navi-
R,,
-nulaticnr
gation, prepared after the Form prefcribed by the
faid
firil
recited AQ,or.
for
thcTran:-
in Words to thc Came Effect, and executed by the Seller or Sellers and
f~~~asyh’;~L
Purchafer or Purchafers
of
any fuch Share or Sharcs, or ExtraQs
of
Dividends.
thereof,
(if
rcgiltercd in any conipetcnt Court
in
Scotfnd,)
ihall
be
de-
livered to the Superintcndcnt
of
the
faid
Coinpany for
the
Time being
to
be depofited with the
Rec~rds
of
the Company in
Scotlnnd;
and
an
Entry or IvIcmorial
of
cvcry fuch Transfer or EstraLk
ffiall
be
made by
him in a
Book
or
Books
to
be
kept for that Purpofc.; and until fuch
Transfer
or
Kstra& hail
he
io
delivered, and Cuch Entry or Memorial
made thereof, the Purchafer
or
Purchafers fhnli have no Part
or
Share
of
the Profits of the
faid
Navigation, or any Interelt or Dividends for any
rich Sharc or Sharcs paid to him, her, or
them,
nor any Vote
in
refpeA
thereof
as
a
Proprietor or Proprictors of the faid Navigation
;
and
that
befarc ariy
Perfon
or Pcrfons fhall
bc
cntitlcd
to
receive any Part
or
Share
of
the
Profits
of the hid Naviption,
or
any Interelt or Dividends
for any Share or Shares therein, or to transfer any hch Share or
Shares, in Rigtit of Marriagc, an Affidavit containing a Copy
of
the
Kegiiter
of
fiich Marriage, or the eEec2 of fuch Regifier, hall’ be
made
by
fotnc
credible Perfon before One of His Illajelty’s Juftices of
the Peace, and
ihall
be delivered to the Secretary or Superintendent of
tnc
faid Conipany for
the
Time being, who
fliall
make
an Entry thereof
in
a
Hook
or
13ooks
to be kept for that Purpofe; and that before any
Perfon
or
Perfons
fliall
be
entitled
to
receive
any
Part or Share of the faid
Profits, or
to
transfer any fuch
Share
or Shares, by virtue of any Bequek
or
Will
or in a
Courfc
ot
Adminifiration, an ExtraA of the
Will
or
confirmed
leftamcnt,
or
an
Extra&
or
Pnrticle
thereof,
or
a
Probate
of
the
3
700
the
Will
or Letters
of
Adminifiration
fhali
be
produced
and
hewn
to
the
faid Secretary
or
superintendent, who hall make
an
Entry tliereof in
the
faid Book or Books
;
and
it
ihall
be lawful for
the
Governor and Coun-
cil of the faid Company from Time to Timc
to
makc
fuch Regulations
touching the Form and Manner of transferring Shares
ill
the faid Naviga-
tion, and the Payment
of
the Dividends on the Stock of the Did
Com-
pany,
as
hall appear to them to be for the Security
and
Benefit of the
faid Company, and of the rcfpeQive Pcrfons intcreItcJ therein, the rame
not being rcpugnant to or inconfiitent with the Regulations herein con-
tained.
Superinred-
XXIV.
And be
it
further enaaed, That the Superintendent of the
faid
ent'o
Fer-
Coinpnny,
already appointed or
to
be appointed by the faid Governor and
form
the
Dc-
tic3
of
Clerk.
Council,
ilia11
and
may do and pcrform cvery
AQ
and 'l'hing which
by
any
of
t!w before rccited
AQs
is directed or authorized
to
bc
done
and
performed
by
the
CitA
of
the
Comrnittcc
of
Mana!:cnic.nt,
and
Scrvice
on lkn
of
all
&'oticC::
and
lepl
Procccdir~~s
to
or
::;;illit
tiit
hicl
Coni-
pany
of
Proprietors, fhall
bc
dcmicd
good
Service
011
the
fid
Col:lpaIiy.
Security
to
be
tnkLo
from
XXV.
Provided always,
and
bc
it
further
enaaed,
'l'hat
the iaid
Com-
pany
of
Proprietors fliali, and they arc hereby required to take fuficient Se-
curity
from evcry Treafurcr, liecciver,
or
Collettor, appointed or
to
be
appointed for the Purpoi'es of the faid recited Acts
and
this
AQ,
for the
faithful Execution
of
his Office.
Colidtors.
New
Dutiea
to
be
lcvied
by
Lord
Ducdas
on
the
Sooth
Side
of
the
Outer
EaGn
at
Grange-
mouth.
XXVI.
And be
it
further cnaQed, That from and after the pafing of
this
A&
the Wharfage
by
the
faid recited
AQ
pared in the Twenty-fourth
Year of
His
prcfent
Majefiy's
Reign, authorized to
be
levied by the Right
Honourable
Thomas
Lord
Dundas
(then Sir
Thomas
Dundas
Baronet), his
Heirs, Executors, Succeffors, or Afigns, on all VetTels
lying
on the
South Side of the Outer Bafin at
Granpnouth,
hall cede, determine,
and be
no
longer paid or payable
j
and from and after the pafing
of
this
AQ
it fhall and may be lawful
to
and for the faid
Thonias
Lord
Dundas,
his
Heirs, Executors, Succeffors
or
Afigns, from Time
to
Time in
Lieu
thereof, to ak, demand, take and recover to and for
his
and their own
proper
Ulk
and Behoof the following Rates and Duties
;
(that is to
fay),
On
every
Britiih
or Irih Veffel lying on the South Side of the faid Outer
Bafin
at
Grangenloutb,
a
Duty not exceeding Two-pence Sterling
per Ton
:
On
every Foreign VeiTel lying
as
aforefaid,
a
Duty not csceeding Four-
pence Sterling per Ton
:
On every
Ton
of
Timber lying
as
aforefaid,
a
Duty
not exceeding Four-
pence Sterling per Ton per Month, and in the Came Proportion for
a
greater
or
lek Quantity than
a
Ton, or for
a
longer
or
ffiorter I'eriod
than a Month
:
On
every
Ton
of
Goods
or Cornmoditics remaining
above
Twenty-four
Hours
upon
the
Wharfs or Landing Places on thc South Side of tllc
faid
Outer Bafiri at
Grarigeniozcth,
a
Duty
riot
cscecding Two-pcnce
Sterling
per
Ton
pcr
Ihy,
ant1 in
thc
Tdiiic
Proportion
for
any
greater
or
Ids
Quantity than
a
Ton
:
On
all
Goods landed or put into Lighters from
and
cn
all
Goods
lo;ldcc[
into
Veffels
lying
on
thc
South
Side
of tlic
hid
Outer
Bafin,
a
lhty
nor
54”
GEOKGII
111.
Cap.
195
3761
not
exceeding Two-pence Sterling per
Ton,
and
fo
in Proportion for a
gxater or
lek
Quantity than a Ton
:
On
every Veirel lying on the South Side of the faid Outer Bafin for
a
longer Time than Twcnty-four Days, a Duty not esceeding One Penny
Sterling per Ton per Day thercafter
:
On every Veffel Iying as aforefaid,
a
Duty
not exceeding Sixpence Ster-
ling
for every Fifty Tons
of
the Burden
of
fuch
VeffeI,
for lighting the
South Side of the
faid
Outer Bafin.
‘rhe faid Rates and Duties to be lcvicd by the faid
Thomas
Lord
Dundos,
his Heirs, Executors, Succeffors, and Afligns, fubjcct to the fame Orders,
RUICS, and Regulations,
as
have bcen or
fliall
from ‘lime to ‘Time be
iffucd
by
the faid Governor and Council
of
the hid Company
by
virtue
of
the
Powers granted by the Paid recited Acts, or any
or
either
of‘
them
;
Provided, that the faid Rates and Duties
be
never higher nor lower
than thofe for the Time levied by the Lid Company on the North Side
of
the fid Outer Bafin.
XYVII.
And be
it
further enacrtcd, That all Powers and Authorities
Former
given by the
faid
recited
ARs,
to the
faid
Conipany, or any otlicr
Perh
or
cdntrnucd
in
Perlons for collecting and cntorcing Payment
of
the Rates
and
Duties
‘orce,
except
thereby granted, hall continue and reniain in
full
E’urcc
and
have
tlic
f;me
Eflcct for collecrting and enforcing Paynicnt
of
the
Rates and Duties and
pealed
Jr
Rents
or
Sums
of
Money authorized to be levied and rccovereJ
by
the
,I,ered.
fLiid
Coi;ipany, or by thc hid
Thonm
Lord
Dundas,
his Heirs, Executors,
Sticceffors, or
Hfigns,
by this prcfent Act
;
and
thdt the faid recited Acts,
and
all other the Powers and Authorities therein contained, (except in
fo
far
as
the
fme
are hereby repealed or altered, or the Powers and Autho-
rities thereby given are inconfifient with or repugnant to this prefent Act,
and
except
io
niuch
of
tlie
fdid firfi recited
A&
a3 rehtes to any
Exemp-
tion from Sump Duties,) fliall continue in Forcc and hJve
full
l%ect
and
Operation
iu
the fhic Manner as
if
this Act
had
not
bcen made.
in
rn
tar
as
hercbv
re-
XXVIII.
Provided always, and be it furiher enacrted, That if any Pcrfon
AFpea1
or I’crfons
hall
think himielf, lierfelf, or thenlfelves aggrieved, by any tiling
done in purfuance
of
this
A&,
fuch Perfon or Perfons niay appcal to the
Sheriff Depute of the Counties of
Stirlinzg,
Lanark,
or
Dumbarton,
within
one
Calendar Month from the lime iuch Matter of Appeal
hall
have
arifen, the l’erfon or Perfons appealing having firfi given
Ten
IDdys
Notice, at Icaft,
of
his, her, or their Intention
to
bring fuch
Appc;l,
and
of the Matter thereof, to the Superintendent of the faid Company
of
Proprietors.
XSIX.
Provided
alfo,
and be
it
further enacrted, ‘That nothing herein
sdvlrq
contained
hall
be conftrued to repeal, alter, diminiih, enlarge, or extend
chf-
the Rights, Powers, or Privileges granted or referved
to
Land Owners,
by
any
of
the
A&s
hereinbefore recited
;
nor
ihall
this Provifion imply,
or
t;e
conttrued to iniply, any Recognition or Acknowledgment on the
part
of
the
faid Company
of
Proprietors, of
any
Right,
Power,
or
Privilege, which niay have been wrongfully
affumed
or claimed
by
any
fuch
Land Owner or any other Perfon previous to
the
paffing
of
this
AQ.
[Lor.
€9
Per.]
41
F
XXX.
And
3
702
j4'GEORGll
111.
cap.xg5.
put)il:
A.&
LXS.
And
bc
it
furthcr
enacted,
That
this
Act
ihall
bc
deemed
and
takcn
to
bu
a
l'ublic
Act,
arid
ihali
be
judicially
taken
Notice
of
as
iLch
by
all
Judges,
Juitices,
arid
others,
without
being
fpecially
plcacied,

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT