Glenkenns Canal Act 1802

Publication Date:January 01, 1802
Glenkenns Canal Act 1802

(42 Geo. 3) c. cxiv

An Act for making and maintaining a Navigable Canal from the Boat Pool of Dalry in the Glenkenns, to the Port and Town of kirkcudbright, in the Stewartry of Kirkcudbright

[26 June 1802]

ANNO QUADRAGESIMO SECUNDO GEORGII III. REGIS. &$$*$******$$****$$*$$^ Cap. 114. An Aft for making and maintaining a Navigable Canal from the Boat Pool of Dairy in the Glen* kenns^ to the Port and Town of Kirkcudbright ^ in the Stewartiy of Kirkcudbright. [ 2 6th jfune 1802..] HEREAS the making and maintaining a Navigation or Canal, navigable for.Boats, Barges, and other Veffels, (from the GlenkennS) at a Place called The Boat Pool of Dairy in the Parifti of Dairy, along the Eafl Side of the Rivers Kenn and Dee through Pare of the faid Pafifh, and through the Parifhes of BaU maclellan^ Parion^ Crojfmicbael, Kelton^ and Kirkcudbright\ to or near a Place called Upper Carfe^ and from thence to cotitmunicare with, the Tidrway of the River Dee at or near the Town of Kirkcudbright^ will opeji a Communication between the interior Part of the Stewartry of Kirkcudbright and the Sea, and greatly facilitate and render left expenfivc the Conveyance of Manure, Coal, Lime, and all Sorts of Commodities through an extenfive Diftrift of Country, and will tend to the eftablithing of Arts and Manufactures therein, and will alfo tend to the Improvement of the Lands and Eftates through and near which fuch Canal will pafs, and will be in other Refpe&s of publick Utility: And whereas the feveral Perfons herein-after named are defirous [Lot. &Per.] 23 C to 4034 42aGEORGII III. Cap. 114. to accomplifh a Plan of fo much publick Utility, and at theirowneEx-pence to make and maintain the faid Canal\ but cannot effeft the fame without the Aid and Authority df Parliament: rMay it therefore pleafe YourMajefty that itmaty be enadted; and enafted by the King's rnoft Excellent Majrfly, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this preterit Parliament Coriipanyof affembledj arrdby the Authority of the fame, That the Honourable John Proprietors. Gordon dir KenMure, the Honourable.M?^/^j^mV Granville Stewart* Sir William Douglas Baronet, Sir Alexander Gordon Knight, James Gordon^ John Spalding^ Patrick Heron, Efquires, Lieutenant Colonel Andrew Wight, David Lamont Doftor in Divinity, William Porter^ Richaid Alexander Ofwald, William Glendonwyne.. ^uintin Macadam^ William Forbes*, Adam Maitland) j(dam Thorn/on, William Muirhead Htrries John Syme, James Hannay^ John Napier, John Pew, 'William Ireland, Robert Gordon. Hot aims Cannam^ James Niven, William Wilfony Efquircs, the Proved of Kirkcudbright for the Time being, and the Provoft of New Galloway for the Time being, ;nd their feveral and r-efpettive Succeffbrs, Executors, Ad- miaiftrators, alnd Afligns, or fuch of them as Thai! from Time to Time bV^olftM bi any Share of Shares in the-laid Canal cr Undertaking, together with fuch other Perfon or Perfons, who from becoming Proprietor or Proprietors of any Share or Shares therein fhall be nominated and appointed by the Perfons herein-before named, or their aforefaids, or by the Majority of them aflembled. at the Firfl pr any fubfequenc General Meeting, are and (hall be united into a Company, for the better carrying on, making, completing, and maintaining the faid Navigable Canal, paffable for Boats, Barges, and other VeffeIs, according to the Rules, Orders, and Direftions herein-after cxprefled and laid down, and fhall for that Purpofe be One Body Politick and Corporate, by the Name of. The Company of Proprietors of the Glenkenns Canal Navigation^ and by that Name- fhallhave perpetual Suec'effion, and (hall have a Common Seal, arid by that Name mall and may fue and be fued, and alfo (hall and Their Powers, may have Power and Authority to purchafe Lands, Tenements, and Here- ditanttfits, td therri, their Succeflbrs, ind Affigns, for making the faid Canal, and the feveral Works hereby authorized to be made, and the faid Company of Proprietors (hall be, and they are hereby authorized and Empowered, by themfelves, their Agents, and Workmen* to make and complete a Canal, navigable and paffable for Boats, Barges, and other Veffels, (froiii the Glenkenns it a Place called the Boat Pool of Dalr$9 the £aft Side of the Rivers Kenn and Dee in the GlenkeMs* through Part of the faid Pafifh, and through the Parilhes of Bdmadellan, Partony Crojfmhhael, Kelton, and Kirkcudbright, to or near a Place called Upper Carfe; and from therice to the Tideway of the River Dee at or near the Town of Kirkcudbright)) and to fupply the faid Canal with Water whilft the fame fhall be making, arid when made, from the Rivers Dee and Kent!* and from all fuch Lochs, Brooks, Springs, Streams, Rivulets, arid Watercourses as (hall bt fciund in digging or making the faid Canal, or within the Diftance of Two thoufand Yards thereof, (excepting always fuch Streams within the Lands, of Low Jrkland, Billes, Milthird or Mayfield^ Netherthird, Culdoach, Upper Boreland, and Burnfide, as arc ufed or may be advantageoufly ufed ill irrigating the Lands on the iower Side of the Canal), or from any Refervoir or Refervoirs to be made as herein-after mentioned for fupplying the faid Canal with Water; and the faid Company of Proprietors are hereby alfo empowered, by therrifelves, 2 their 42GEORGII III. Cap. 114. their Agents, and Workmen, to ereft a Dam or Weir acrofs the River Dee, at or near Gknlochar. Bridge, and.alfo any other Dams or Weirs at fuch other Places acrofs the faid River* ^above the faid Bridge., as may be found neceffary or expediency fo that fuch Dams or Weirs, or any of them, (hall not in any Manner bowfoever prejudice, injure, or obftruft any Fifhery or Fifheries upon or at the Mouth of the faid River Dce\ and alfo to make fuch Refervoir or Refervoirs^ and fuch and fo many Feeders and Aquedu£b, and alfo to erefl: and fet up fuch Engines and other Machines for fupplying the faid Canal and Refervoirs with Water, and for any other Purpofes neceffary for the faid Canal, and to convey Watrt from any fuch Refervoirs to the faid Canal, as to them (hall fcenrt neceffary or proper; and for the Purpofes aforefaid the faid Company of Proprietors* their Agents, and Workmen, are hereby authorized and empowered to enter into and upon the Lands or Grounds of any Perfon of Pfcrfons, Bodies Politick or Corporate, and to furyey and take Levels of the fame, or any Part thereof, and to fet out and afcertain fuch Parts thereof as they fhall think neceffary and proper for making the faid Canal, and all fuch other Works* Matters* and Conveniencies as they (hall think proper and neceffary for effecting, completing, maintaining, improving, and ufing the faid Canal and other Works, and alio to bore, dig, cur,-trench, fough, get, remove, and lay, Earth, Stone, Soil, Clay, Rubbifl^-Roots of Trees, Beds of Gravel or Sand, or any other Matters or Things which may be dug or got in the making of the faid Canal and other Works, or out of any Lands or Qrounds of any Perfon or Perfons adjoining or lying contiguous or convenient thereto, and which may be requifite, for making, carrying on, continuing, of repairing the laid Canal and other Works, or which may hinder, obftruft, or prevent the making, ufing, completing, and maintaining the fame, or in making, ufing, completing, and. maintaining of fuch Weirs and Refervoirs as aforefaid, or of any fuch Feeders, Trenches, Paffages, Aqueducts, and Watercourfes as fhall be neceffary and proper to convey Water to and from the faid Canal, River, and Refervoirs, according to the Intent, Tenor, and Purport of this Aft; and ^Ifo to make, build, ereft, and fet up* in or upon the faid Canal* or upon the Lands adjoining, or near thereto, fuch and fo many Bridges, Piers, Arches, Tunnels, Aqueducts, Sluices, Locks, Weirs, Pens for Water, Stanks, Refervoirs, Drain 5^ Wharfs, Quays^ Landing Places, Weigh Beams, Cranes, Fire Engines, or other Machines, Ways, Railways, Roads, Conveniencies, and other Works, and to repair, fupport, vary, and alter the fame, as and when the faid Compafiy of Proprietors (hall think requifite and convenient for the Purpofes of the faid Navigation, and for the carrying and conveying of Goods and other Things to or from the faid Canal, and for the carrying and conveying of all Kinds of Materials neceffary for the rrnking, erecting, altering,: repairing, or amending the faid Works; and alfo to pldce, lay, work, and manufa&ure the faid Materials on the Grounds near to the Place or Places where the faid Works, or any of them, fhall be or are intended to be made* ereftedj repaired, or done , and alfo to make, maintain, repair, and alter any Fences, Roads, or Paffages over, under, or through the faid Canal, or the Tunnels, Refervoirs* Aquedu&s, Soughs, Trenches, Paffages, Feeders, Watercourfes, and Sluices refpec-tively which fhall communicate therewith -9 and alfo to make, fet up, and appoint fuch towing Paths, Banks, and Ways, conveni-.nt for towing, hauling, or drawing of Boats, Barnes, or other Vtffels palling upon the raid" Canal, or along the Rivers Vet mdKem, or Loch of Kenn% and proper 2636 42*GEORGII III, Cap. 114, proper Places for Boats and other Veffels navigated thereon, to turn, lle^ or pafs each other 5 and to conftruft, make, ereft, and do all other Matters and Things which the faid Company of Proprietors (hall think necefTary and convenient for the making, extending, prefer ving, improving, completing, and ufing the faid Canal and other Works, in pu --luatice and according to the true Intent and Meaning of this Ad, they the faid Company of Proprietors,' tin £r Agents, and Workmen, doing as little Damage as may be in the Execution of the ftveral Powers to them hereby granted, and making Satisfaction, in Manner herein-after mentioned, for all Damages to be fuftaincd by the Owners or Proprietors of, and Perfons interefted in fuch Lands, Tenements, or...

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