Lancashire and Yorkshire and East Lancashire Railways Amalgamation Act 1859

Publication Date:January 01, 1859
 
FREE EXCERPT
Lancashire and Yorkshire and East Lancashire Railways Amalgamation Act 1859

(22 & 23 Vict.) c. cx

An Act for the Amalgamation of the East Lancashire Railway Company with the Lancashire and Yorkshire Railway Company, and for other Purposes.

[13th August 1859]

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 irredeemable 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 the s^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 Railway 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 1596 22 & 23 VICTORIA, Cap.cx. The Lancashire and Yorkshire and East Lancashire Railways Amalgamation Act, 1859. Railway Companies in the present Session instead of in the last Session of Parliament. Acts relating to East Lancashire applied to Lancashire and Yorkshire Company. Its Debts and Claims transferred to same Company. VI. All Clauses, Provisions, and Enactments contained in any Act relating to or affecting the East Lancashire Railway which were in force immediately before the passing of this Act, and which are not hereby varied or repealed, shall remain applicable to the same Railway; and all Rights and Powers vested in the East Lancashire Railway Com pany, whether with relation to its own Undertaking or to any other Company or Undertaking, shall be exercised and enjoyed by the Lan cashire and Yorkshire Railway Company; and all Matters to be done, continued, or completed, or which but for the passing of this Act would, might, or ought to be done, continued, or completed, by the East Lancashire Railway Company, its Directors, Officers, or Servants, under or in virtue of those Acts respectively, shall be Matters to be done, continued, or completed by the Lancashire and Yorkshire Railway Com pany, its Directors, Officers, or Servants ; and the said Acts respectively, so far as they relate to or affect the East Lancashire Railway Company by that or any other Name, shall be read as if the Name of the Lancashire and Yorkshire Railway Company had been used therein instead of that of the Company to which the same respectively then related. VII. Subject to the Provisions in this Act contained, all Debts due from or to the East Lancashire Railway Company at the Time of its Dissolution shall be payable and paid by or to the Lancashire and Yorkshire Railway Company; and all Rates, Tolls, Duties, and Moneys which shall at the Time of such Dissolution be due or accruing due, or which but for such Dissolution would have been or become payable, to or from or by the East Lancashire Railway Company, shall be payable to or by the Lancashire and Yorkshire...

To continue reading

REQUEST YOUR TRIAL