Hull, Barnsley and West Riding Junction Railway and Dock Act 1880
| Jurisdiction | UK Non-devolved |
| Citation | 1880 c. cxcix |
| Year | 1880 |
[43 & 44 VICT.] Hull, Barnsley, and West [Oh. CXCix.]
Biding Jimction Railway and Dock Act, 1S80.
CHAPTER cxcix.
An Act to authorise the construction and maintenance of the
A.D.
ISSO.
Hull, Barnsley, and West Eiding Junction Kailvvays, and
of a Dock and other Works in connexion therewith ; and
for other purposes. [26th August 1880.J
W
HEREAS the construction of the railways, clock, and other
works herein-after described, and by this Act authorised,
would be of local and public advantage:
And whereas the persons herein-after in that behalf named, with
others, are willing to execute the undertaking, and it is expedient
that they be incorporated into a Company for that purpose:
And whereas it is expedient that the lands which the Company
may acquire under the powers of this Act below the line of high-
water mark of ordinary spring tides in the River Humber be added
to and deemed part of the township of Southcoates, in the parish
of Drypool:
And whereas it is expedient that the Company and the mayor,
aldermen, and burgesses of the borough of Kingston-upon-Hull
(in this Act called "the Corporation") be empowered to enter
into and carry into effect agreements as herein-after in that behalf
provided, and that the Corporation he empowered to contribute
funds towards the undertaking and to appoint directors of the
Company:
And whereas it is expedient that the agreement (herein-after
referred to as "the scheduled agreement") between the Corpora-
tion and certain of the promoters of the Bill for this Act, a copy
whereof is set forth in the Schedule D. to this Act annexed, be
confirmed and made binding upon the Company and the Corpora-
tion respectively:
And Avhereas plans and sections showing the lines and levels of
the railways, dock, new street, and other works authorised by this
Act, and also books of reference containing the names of the owners
and lessees, or reputed owners and lessees, and of the occupiers of
[Loc.al.-i90] A
[Ch. CXCix.] Hull, Barnsley, and West [43
&
44 VICT.]
Hiding Junction Railway and Dock Act, 1880.
A.T).
18SO.
the lands required or which may be taken for the purposes or under
the powers of this Act, were duly deposited- with the clerks of the
peace for the East and West Ridings of the county of York, and
of the town and county of the town of Kingston-upon-Hull, and
are herein-after respectively referred to as the deposited plans,
sections, and books of reference:
And whereas the purposes of this Act 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 Parliament assembled, and by the
authority of the same, as follows :
1.
This Act may be cited as the Hull, Barnsley, and "West
Biding Junction Railway and Dock Act, 1880.
2.
The Companies Clauses Consolidation Act, 1845, Part I.
(relating to cancellation and surrender of shares) and Part III.
(relating to debenture stock) of the Companies Clauses Act, 1863,
as amended by the Companies Clauses Act, 1869, the Lands
Clauses Consolidation Acts, 1845,1860, and 1869, the Railways
Clauses Consolidation Act, 1845, and Part I. (relating to construc-
tion of a railway) of the Railways Clauses Act, 1863, and the
Harbours, Docks, and Piers Clauses Act, 1847, except section 82
thereof,
are (except where expressly varied by this Act) incorporated
with and form part of this Act: Provided always, that the provisions
of the Harbours, Docks, and Piers Clauses Act, 1847, with
respect to lifeboats, and with respect to keeping a tide and weather
gauge, shall not be in force for the purposes of this Act, except so
far as may from time to time be required by the Board of Trade.
3.
In this Act the several words and expressions to which
meanings are assigned by the Acts wholly or partially incorporated
herewith have the same respective meanings, unless there be some-
thing in the subject or context repugnant to such construction; and
for the purposes of this Act the expression "the Dock Company"
means the Dock Company at Kingston-upon-Hull; the expression
" the borough " means the borough of Kingston-upon-Hull; the
expression " the undertaking" means and includes the railways,
dock, river wall or embankment, new street, and other works by
this Act authorised
;
the expressions " the railways" and " the
railway " mean respectively the railways by this Act authorised; the
expressions "the dock," and "the street," and "the river wall"
mean respectively the new dock, and the new street, and the river
2
Short title.
Incorpora^
Won of gene-
ral Acts.
s & 9 Vict.
c. 16.
26 & 27 Vict.
c. 118.
32 & 33 Vict.
c. 48.
8 & 9 Vict.
c. 18.
23 & 24 Vict.
c. 106.
32 & 33 Vict.
c. 18.
8 & 9 Vict.
c. 20.
26 & 27 Vict.
c. 92.
10 & 11 Vict.
c. 27.
Interpreta-
tion of terms.
[43 & 44
VICT.]
Hull, Barnsley, and West [Ch. CXCix.]
Midmg Junction Raihoay and Dock Act, 1880.
wall or embankment by this Act respectively authorised; the A.D. 1880.
expression " superior courts," or " court of competent jurisdiction,"
or any other like expression in this Act or any Act wholly or
partially incorporated herewith, shall be read and have effect as if
the debt or demand with respect to which the expression is used
were a simple contract debt, and not a debt or demand created by
statute.
4.
Gerard Smith, Henry Hodge, Henry Briggs, John Fisher, Incorpora-
Charles Wells, Edward Leetham, Francis Reckitt, Arthur Egginton, ^ of Com"
John Smyth Egginton, Richard Willows, James Stuart, William
Eield, Edward Augustus Dearman Brooshooft, Lawrence Stephen-
son, George Whitehead, William Rayment, William Day Watson
Arton Massey, John Campbell Thompson, and all other persons and
corporations who have already subscribed to or shall hereafter
become proprietors in the undertaking, and their executors, admi-
nistrators, successors, and assigns respectively, shall be and are
hereby united into a Company for the purpose of making and
maintaining the railways and for other the purposes of this Act, and
for those purposes shall be and are hereby incorporated by the name
of " The Hull, Barnsley, and West Riding Junction Railway and
Dock Company," and by that name shall be a body corporate, with
perpetual succession and a common seal, and with power to purchase,
take,
hold, and dispose of lauds and other property for the purposes
of this Act.
5.
Subject to the provisions of this Act, and subject to the terms Power to
and conditions of the scheduled agreement, the Company may m ™'1TK
make and maintain, in the lines or situation and according to the &c.
levels shown on the deposited plans and sections, the railways, dock,
river wall or embankment, new street, and other works herein-after
described, and may enter upon, take, and use such of the lands
delineated on the said plans and described in the deposited books
of reference as may be required for the purposes of the undertaking.
The works herein-before referred to and authorised by this Act
will be situate in the West and East Ridings of the county of York
and the town and county of the town of Kingston-upon-HuD, and
are—
(1.) A railway (No. 1) 6 miles 2 furlongs and 6-70 chains or
thereabouts in length, commencing by a junction with the
Barnsley branch of the Midland Railway at or near the bridge
carrying that railway over the Barnsley Canal at or near the
northern end of Monk Bretton Station, and terminating in the
field numbered 39 on the tithe commutation map of the
township of North Elmsall:
A 2 3
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