Lancashire and Yorkshire and East Lancashire Railways Amalgamation Act 1859

JurisdictionEngland & Wales
Citation1859 c. cx
ANNO VICESIMO SECUNDO & VICESIMO TERTIO
VICTORLE REGIN.E.
Cap.
ex.
An Act for the Amalgamation of the East Lan-
cashire Railway Company with the Lancashire
and Yorkshire Railway Company, and for other
Purposes. [13th August 1859.]
W
HEREAS the Undertaking of the
Lancashire
and Yorkshire
Railway Company consists in part of Railways extending
from
Liverpool
to Wigan, Bolton,
Manchester,
Bury, Roch-
dale,
and Burnley, and the Undertaking of the Last
Lancashire
Railway
Company consists mainly of Railways within the same District, and the
Two Undertakings are in many Places intermingled, and at
Liverpool,
at
Southport, at
Manchester,
and in other Places the Two Companies are
either jointly interested in or have common Rights over the same
Portions of Railway and Stations, and by virtue of an Act passed in
21 & 22
Vict.
the last Session of Parliament the Blackburn Railway, which extends c- C71-
from tlie
Lancashire
and Yorkshire Railway at Bolton to the East Lan-
cashire
Railway at Blackburn and thence through
Cliiheroe
to Chatburn,
"Was
vested in the
Lancashire
and Yorkshire and East
Lancashire
Rail
way Companies jointly and equally, Enactments being contained in the
said Act to provide for the Contingency of the Two Companies being
united by any Act passed in the last Session of Parliament: And whereas
it will conduce to the public Advantage and to the convenient and
[Local.] 18 H economical
1594 22° & 23° VICTORIA Cap.cx.
The Lancashire and Yorkshire and East Lancashire Railways
Amalgamation Act, 1859.
economical Working of the same Undertakings that they should be united
under One Management, and the Two Companies have agreed and are
desirous that their Undertakings should be amalgamated, and that the
East
Lancashire
Railway Company should cease to be a separate Corpo-
ration, and that it should be united with and form Part of the
Lancashire
and Yorkshire Railway Company, and it is expedient that the said
Agreement should be carried into effect: And whereas the Acts directly
relating to the East
Lancashire
Railway Company are enumerated in the
Schedule to this Act: And whereas the Lancashire and Yorkshire
15 & 16
Vict.
Railway Company have, by virtue of " The
Lancashire
and
Yorkshire
c'132* Railway Act, 1852," Power to convert their then existing Debt into
perpetual irredeemable Annuities, and to raise such further Sums as they
then had Authority to borrow by means of such Annuities instead of by
Mortgage or Bond, and the same Company have, to a very limited
16&
17Vict.
Extent, granted such Annuities; and by " The East
Lancashire
Railway
c> ' Act,
1853,"
similar Powers were conferred on the East
Lancashire
Railway
Company, who have not exercised such Powers ; and it has been found
that it would be more convenient if, instead of such Annuities, the united
Company were authorized to create for the Purposes aforesaid an irre-
deemable Stock: And whereas the Object aforesaid cannot be attained
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 :
Short
Title.
I. This Act may be cited for any Purpose as " The
Lancashire
and
Yorkshire
and East
Lancashire
Railways Amalgamation Act, 1859."
Defining H. The Undertaking of the East Lancashire Railway Company to
of
East Lan°
which the Provisions of this Act shall apply is hereby declared to be
cashire Rail- the several Railways, Branches, and Extensions, Stations, Sidings,
way Com- Approaches, Buildings, fixed Plant, and all other Works, and all the
Land, and all other the Property, Estate, Moneys, and Effects, whether
real or personal, which at the Time of the passing of this Act belonged
to or was vested in the East Lancashire Railway Company, and also
the Rights, Interest, or Estate which the same Company possesses in
any Railways, Stations, Canals, or Works jointly or in common with
any other Company, and also all Rights, Powers, and Privileges,
Interest or Estate, which the East
Lancashire
Railway Company enjoys
or is entitled to exercise over other Undertakings.
o
Dissolution III. Upon and from the passing of this Act the East
Lancashire
Sngoffts
Railwa)'
Company shall be dissolved, and its Undertaking as herein-
Undertaking before defined, and all its Estate, Right, Title, and Interest in and to
the
22°
&
23° VICTORIA
Cap.cx.
1595
The Lancashire and Yorkshire and East Lancashire Railways
Amalgamation Act, 1859.
the said Undertaking, and all the Rights, Privileges, Easements, Powers,
in the
Lan-
and Authorities incident to or affecting the same, shall (subject to thes^r<r.and
existing Charges, Debts, Leases, Covenants, Contracts, Engagements, Railway
Obligations, and Liabilities of the said Company then affecting the same) Company.
become and be absolutely merged and vested in the Lancashire and
Yorkshire Railway Company, and shall and may be held, possessed,
enjoyed, used, exercised, and executed by the last-mentioned Company
in the same Manner and to the same Extent as they respectively were
or could or might, if this Act had not passed, have been held, possessed,"
enjoyed, used, exercised, or executed by the East
Lancashire
Railway
Company, and thereupon and thenceforth the Undertakings of the
Lancashire
and Yorkshire Railway Company and of the Last
Lancashire
Railway Company shall be amalgamated, and shall be and constitute
One united Undertaking, and shall be deemed to be and shall be the
Undertaking of the Lancashire and Yorkshire Railway Company; and
the several Railways and Undertakings which, under the Provisions of
this or any other Act of the present or any former Session of Parliament,
are or shall be solely vested in or become the Property of the
Lancashire
and
Yorkshire
Railway Company, shall be called and known by the Name
of " The
Lancashire
and Yorkshire Railway."
IV. Notwithstanding anything in " The East
Lancashire
and
Lancashire
Vesting cer-
and Yorkshire Railway Act, 1854," contained, "The Buncouqh and tamRai1-
"VV3iVS 111
Southport
Railway" and "The Clifton and
Manchester
Railway" in the Lancashire
said Act mentioned shall, from and after the passing of this Act, cease and York-
to be called by the said Names respectively, and shall form Part of the ^a^Com-'
Lancashire
and Yorkshire Railway absolutely to all Intents and Purposes; pany.
and all the Estate and Effects, Rights, Property, and Powers, vested by YktVcxvii)
the said Act in " the Joint Committee of the
Lancashire
and Yorkshire
and the East
Lancashire
Railway Companies," shall thenceforth be vested
in and exerciseable by the
Lancashire
and Yorkshire Railway Company;
and all the Contracts, Duties, and Liabilities attaching to the same Joint
Committee, or to the East
Lancashire
and
Lancashire
and
Yorkshire
Rail-
way Companies jointly or severally, with respect to the same Portions
of Railway, shall henceforth attach to and be fulfilled by the Lancashire
and Yorkshire Railway Company.
' V. All the Provisions contained in the Sections 27, 28, 29, 30, 31, Extending
32,
33, 34, 35, 36, 37, and 38, of the Act passed in the last Session of
^j^01
Parliament " for vesting the Undertaking of the Blackhum Railway Railway
" Company in the
Lancashire
and Yorkshire and East
Lancashire
Rail- ^a^atraa"
" way Companies, and for other Purposes," shall have the same Force and 1858- '
Effect as if the Twenty-seventh Section of the said Act had contemplated (21
&
22
an Amalgamation of the
Lancashire
and Yorkshire and East
Lancashire -
ict" c'CY1,jl
Railway

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