Manchester and Leeds Railway Act 1846

JurisdictionUK Non-devolved
Citation1846 c. cccvi
ANN0
NON0
&
DECIizlO
VICTORIA3
REGINB.
cap.
cccvi.
An
Act
to
enable the
fih~zchestcr
cmd
Leeds
Rail-
way
Company
to
make
several
Branch Railways,
and
to
authorize
the
Amalgamation
of
the
P~.eshz
and
Wp
Railway, Harbour,
ant1
Eock
Coii~pnny
with
the
Mio2chestei*
crnd
Leeds
Ridmay Coil;-
PanY
[3cl
Augzrst
1
Mi
.]
HEREAS
by tlic
M(~~~ci~este~*
coid
Leeds
Railway
Act,
1836,
The
Afcr~~clteste~~
ftnd
Leeds
Railway
Company
’’
wcrc
incorporated, with
l’owr
to make
a
Kailway
fi.oni
111~11~-
chester
to
Leeds:
Aiid
whereas
by
The
Mrri,c.ltcster
tiid
Lcotfs
Railway Act,
1837,”
‘’
The
M(~nclicster
(11~1
Leeds
llailway
Act,
1
Wj,’.
The
M&xllester
crnd
Leeds
ltailn-ay
Act,
18.14,”
and
‘‘
Thc
JAt12-
chester
cind
Leeds
llailway
Act
(No
2.),
184.5,’’
the
said
Companj-
are
empowered
to
alter
and
extend the
said
Ilailway
as
in tlic said
Acts respectively mentioned
:
And
whereas
by
the
said
Acts and
by
The
Jhnchester
rrnd
Leeds
ltailway Act,
18-1
1
,”
and
Thc
Jhtrn-
diester
and
Leeds
Railway Act
(No
I.),
18-15,’’
the
I’o~vers
of
thc
said
Company were
iii
otiier
respects
amended
aiici
cnlargccl
.
-Ind
whereas
it
is
expedient that tllc
said
Company
should
be cmpowrctl
to
extend and enlarge
the
Stations
and
Works
of
tlic
said
Rdmy
ill
[4ocaZ.]
62
c
th(,
5622
9’
8L
10”
VICTORIA?&
cup.
cccvi.
the Parish
of
Llfcrncltesfer,
and
to
makc
and maintain thc scvernl
Branch Railways herein-after mentioned, and
to
anialganiate with the
Company hercin-after refirred
to
:
And
whcrcas
it
is
cspedicnt that
some
of
the Powers and Pro&ions contained in thc said recited
.ids
should be altered, amended, and enlargcd: May
it
therefore plcnhe
Your Majesty that it may be enacted; and be
it
enacted
1)y
the
Queen’s most Excellent Mrqjesty, by and with the Advice and
Consent
of
the
Lords
Spiritual
and
Tcmporal, and Coninions, in this
present Parliament
assemblcct,
and by the Authority
of
thc same,
That all the Powers, Provisions, Matters, and Things contained in the
said recited Acts
or
any
of
them,
with
regard
to thc
Usc
of the
Railways by the said Acts authorized
to
be
made, and thc tlcinancling,
levying, and recovering of
Tolls
thcrcon, and the
raising
of‘
Rfollcy
by
Shares, Mortgage,
or
otherwise,
and
all other the
l’o~vers,
l’rovibions,
Matters, and Things
containcd
in
thc said recited
Acts,
or
any
of
them, (except such of them
as
are
by
thc Provisions
of
the
Lands
Clauscs Consolidation Act, 1845,’’
or
thc
‘‘
Itailwaj-s Clauses Con-
solidation Act,
1845,”
so
fiir
as
its Provisions are extended
to
this
Act,
or
arc
by this Act
or
any other Act relating
or
having icfcrence
to the said
Illnncliester
cind
Lccds
Railway Company, repealed,
altered,
or
otherwise provided for,
or
havc cxpired by
I
of’
Time,) shall extend
to
this Act,
and
to the
Use
and
l’rotcction
of
thc
Branch Railways and
Works
hcrcby authorized to
11c
macle,
and
the
dcmanding, levying,
and
recovering
of
Tolls
in respect thereof,
and
to the hloncy to bc raised by Shares and Mortgage or othcrwi>e
for
the same,
and
gcnerally shall operate and
be
in
force
in
refeiencc
thereto,
as
fully anti effectuallj-
as
if thc
saiiic
l’rovisions, Matters,
:iiitl
Things
werc
rcpcatcd and rc-enactccl in this Act,
and
had spccific
Reference
thereto.
EXtendi;%
Provisioiis
of
Jlanchester
and
Leeds
Railway
Acts
to
tllis
.4ct.
Cer
tal
11
11.
And be
it
enacted, That such
of
the Provisions
in
the
Rail-
Provisions
of
way
Clanses Consolidation Act, 18-15,”
as
relate to the Construction
8
&
9
Vict.
c.
lo,
ex.
of
Railwa,vs and
Works
coniicctcd thcrwith, thc temporary Occu-
tended
to
pation of
Lallds
near
ltailways
during thc Construction
the~.eof,
the
this
Act.
crossing
of‘
Hoads
or
other hterfercncc thercwith, to the
\\‘Grks
for
thc
Accommodation of Lands adjoining Railways,
and
to
Mines
lying under
or
near thc Itailway, shall
be
incorporated with this
.ict.
Siwlt
Title.
III.
Xnd
bc
it
enacted, That
in
citinc this Act
in
other 14cts
of’
Parliament, and in legal Instruments, l’nrliamcntary Koticcs,
or
other
Documents, it shall be sufficient
to
usc
the Expression
‘‘
l‘he
ilh02-
dicsfer
(ind
Leecl.r
Itailway Act,
18.16.’’
Power
to
raise addi-
tlonal
Aloney
by
Creation
of
Shares.
IV.
And
whereas
thc estimated Expcncc
of making
the said several
Branch
Itailways,
and of enlarging thc said Stations
and
\\Torks,
is
Four
hundred thousand I’ounds
;
be
it
cnactcd, That it shall
be
lawfkl
for thc said Company to raise,
by
thc Creation
of
Shares, an additional
Capital Sum
of
Four
hundred thousand Pounds over and
above
the
Monies which they
are
authorized
to
raise by virtue of the said
recited *4cts
or
any of them,
or
any othcr Act or Acts of Yurliament,
or
which they may
be
authorized to raise by any Acts to
bc
passed
during
the present Session
of
Parliament.
10
V.
And
go
&
10”
VlCTORI~E,
Cip.
cccvi.
V.
And be it enacted, That, for the Puiposc of raising the
said
I’owcr
to
additional Capital of Four hundred thousand l’ounds,
it
shall
be
lnvful
!‘O1uI’:lnY
to
fi>r the
said
Company to issue such and
so
many distinct Shares,
of
such Amount, and
to
be appropriated and disposed
of
in
such
Manner, to such Person or Persons, and for such l’riccs
and
011
such
Terms, and
by
such Ways
and
Means, as
hy
the Order
of
any
General or Special General Meeting
of
the
snicl
Company
shall
be
determined.
1
4
z
ii
c
Sh
n
r
r
G
~
VI.
And be it enacted, That the
said
additional C:!pit:;l
of
1:oiir
pa.,crs
(,i
hundred thousand
Pounds
shall
be
considerctl
as
forniing
l’art
of
thc
:
IC
>IJII-
general and original Capital authorized to
be
raid
by
tlic
wid
cllcitt‘r
mC1
1.PL:tl
3
R‘111-
recitcd Acts, and that
all
the Provisions contaiiiecl
ji1
o~ 1.efcrrct1
to
1):-
rr,,y
,ct.
tlie said
‘‘
Manchester
rind
Leds
Railwaj- ,%ct,
1841,’’
I\
ith
regard
to
1h:i
t,,
the Capital thereby authorized to be raised
by
Shares,
and
to
the
$;lare>
to
bc
Proprietors thereof; shall
in
all respects (except
as
herein other-
csl’cclnliY
wise
provided) be especially applicable to the Capital ant1
Shares
this
\cr.
hereby authorized to be raised and created,
and
to
the Proprietors
thereof.
2
1’
11
I
I
cnh
I
e
t
c
I
VII.
And
be
it enacted, That all the
Provkinns
and
llcplations
l’ontr
tu
contained in the said
‘‘
Jhinchester
nud
Lmds
lhilway ,ict,
lS44,”
con5011Clatc
Share.;
ivo
giving Power
to
the said Company to consolidate into
a
gciicral
Stock.
Capital Stock the Shares then existing in the Capital of tlic Company,
or in anywise relating thereto, shall be applicable
and
cstcnd
in
dll
respects to the Shares in the adclitioiial Capital of
Four
hundred
thousand Pounds hereby authorized to
lie
raised
as
aforesaid.
VIII.
And be
it
enacted, That aftcr thc whole of the Capital
of
1’o;rer
to
tlie Company by the said recited
Acts
and
by
thi.: Act mthorized
to
”\A:p,lv
on
be raised by Shares &all have been subscribed, and
One
Half thereof
\lortqaFe
actually paid up,
it
shall be lawful for the Company
from
‘l’ime
to
Time,
by
an Order
of
any General or Special General
Meeting
of the
Company, in addition to the Money by the said recited Acty,
or
any
of
them, or any other Act
or
Acts
of‘
Pnrlianicnt, authorized to
be
borrowed, or which the said Company may be autliorizctl to
borrow
by
any Acts to be passed in tlie present Scs4oii
of‘
Parliament, to
borrow
011
Mortgage any further Sum
of
Money not exceeding in
Amount the Suiii
of
One hundred and thirty-threc thousand three
hundred Pounds, and
to
SCCLI~C
the Repayment thereof with Intereit,
in
like Manner
as
the Monies authorized to
be
raised
hy
Mortgage
by
the said recited Acts or any of theni.
IX.
And be it enacted, That
a
Certificate
of
a
Ju.ti:.e that
tlic
J-~lllm~~
’’1
whole of the Capital by this Act
and
the
said recited
Acts
authorizctl
;~~\~l,~’)~~t,~v~
to be raised has been subscribed, and
One
Ilalf
thcrcof
paid
up,
,I,s.
(which Certificate such
Justice
is
hereby authorized and
rerluireil
to
grant, on Application made to hiin by the said
Company,
ant1
cm -uch
Proof
of
the Fact
as
he may require,) and a Copy
of
the
Orcler
of’
any General or Special General Meeting
of
tlie Coinpaiiy authorizing
the
borrowing
of
any Money, certified by
One
of
thc
Director.;
or
by
the Secretary
of
the said Company, shall respectively, and fbr all
Purposes whatsoever, be conclusive Evidence of the Fact
of
the
Capital
5624
Exib
t
ing
to
Iiavc
rri
ori
t
y.
I3rancl1
Railways to
be
made
ac-
cording to
depositcd
Jrort
9”
8L
10”
VIC1‘ORIAZ,
Capcccvi.
Capital required to be subscribed and paid up
as
aforesaid having
bccn
so
subscribed and paid up, and of the Fact of the Order for
borrowing Money having been made.
S.
Provided always, anti be it enacted, That all 1Clortgagcs granted
untler the
Po~vers
of‘thc said recited Acts or any of them shall, during
the
Cont
inu:iiicc thcrcof, have Priority
over
the hlortgages granted
undcr this ilct.
SI.
And whereas Plans and Sections of the proposed Branch Rail-
ways
showing the Lines and Lcvcls thereof,
aiid
also Plans of the
Lands and Grounds necessary for the Extension aiid Enlargement of
the said Stations. and the Yards and Workshops connected therewith,
Plans.
together with
Bo’oks
of
lleference thcrcto rcsiectivcly containing the
Naiiies
of
tlic
Owncrs, Lessecs,
and
Occupiers,
or
reputed Owners,
Lcssccs,
and Occupiers, of the Lands which inay be required to be
taken
for
the Purposes of the
said
Branches, Stations, and Works, have
been deposited with the Clerk
of
the l’cace for the County Palatine
of
Lutzutstu-
and
with the Clerk
of
thc Peace for the West Riding
of
tlic County
of‘
York
;
be
it
enacted, That, subject to the Provisions
in this
and
the said recited Acts contained,
it
shall be lawful for the
said Company to make and maintain the said Railways and Works in
the Lines
and
upon the Lands delineated
on
the said Plans and
described in the said
Books
of
Reference, and also
to
alter, extend,
and
enlarge the said Stations, and the Yards and Workshops coiinectctl
therewith, and for the several l’nrposes aforesaid to enter upon,
take, aiid use such
of
the said Lands as shall
be
necessary for such
l’urposes.
I’irst
Bra~l~
XII.
.And
be it enacted. That the
First
of
such Branch Railmavs
1i
ai
I
way.
Se
con
tl
I3mncli.
T
I1
i
r
d
I3
ran
cl
1,
shall coiiinicnce
at
or
near
the
I-?oclidctle
Station of‘thc said
1CIaizclres&r
(itid
Lecds
Hailway, in the Township
of
Crrstleton
in the Parish and
Borough
of‘
ltoclidde,
and shall pass through the following Parishes,
Townships, and extra-parochial and othcr Places
;
(that
is
to
say,)
liochdde,
PVli
dqy,
Ctistlet
on,
Wfirdleuwrtli, Spotln
id,
Spotkm
d-
II
eu
m*-
Side,
Spot
la
ri
d-
fii
r
tlr
er.
Si&>,
Heit
ley,
Cat
lty
Ln
12
c,
Wlr
it
zc‘
o
re
th
,
Sh
/17tfo
7.tl1,
But
tlic.oo;l,
Akid
II
~li,
a11
tl
B(I
c~p,
and shall t
e
r
niin
a
t
e
at or near
B~xp
in the Township of
Spotlnnd
in
tlic said Parish of
ltoclrtk~~lt?,
ant1
in
tlic Township of
i\’crc;cl~
ro*cli
in the Parish of
Wlictllc?y,
all in the said County
of
Larzccister.
XIII.
Antl
be it enacted, That the Second of such Branch Rail-
ways
shall cointnence
at
or ncar to the present
ilficlrlktoi~
Station of
the said
rlfiriichcster
(ml
Leeds
Railway, in the Township
of
CI~(~ddertoi~
in the Parish of
Prestrcich
otherwise
I-’t*eotrcicli-cum-
Oldli(m,
aiid shall
pass through the following Parishes, To~vnships, and extra-parochial
and other l’laces
;
(that is to say,)
I’t*estirich
otherwise
Prestumicli-
cum-
Oldlicim,
JZicldlcton,
Clmh&~*toti,
Tvnge,
and
filiddleton,
and
shall
terminate at or near the Town
of
illiddleton
in the Towi~ship and
Parish
of
illiddleton,
all
in the
said
Couiity of
Lcinccrster.
XIV.
Antl be it enacted, That thc Third of such Branch Railways
shall conimence by
a
Junction with the said
Jfinchester
and
Leeds
Railway,
9’
tL
10”
VICTORIE,
Ccqi.cccvi.
5625
XV,
ihrl
be
it enacted, That the 1:ourth of such Branch Railways
FourtIi
sliall e~nini~ncc
1))
a
Junction with the said third-meiitioned Branch
Branch.
Railway,
in
the ?‘o;vnship of
Sltitlingtoir
in
the
said Parish
of
Tltornliill,
:iiid ~hnll
p:w\
through the followinji Parishes, Townships, anti
extra-
procliinl
:inti
other Plnccs
;
(that
is
to say,)
T//oi*?iJiill,
Kirkhenton,
,Vi
it/;//Arton,
and
W/iitIqy
~)I~ICJI*,
ant1
shill terminate in
or
near
a
Fieltl
1)clonging
or
rcputcd to
bclong
to Sir
John
Lister
Lister
Kuy
Baronct, in the
Township
of
Pi’/iitli;y
[))per
in
the Parish
of
i
elr
to
)a
aforc
sni
d.
XI-I.
And
I)c
it cnacted, That thc Fifth
of
such
Branch Railways
~iftli
Bran(
11.
shall coiii~iicncc
by
a
Junction
U
itli thc
Jfirncliester
Leeds
Rail-
way
ne.:r
thc
IZorbuiy
Tunnel, in
the
Tomship of
Ho~~buiy
in the
Puri4i
of’
1151X
o/ic/d,
ant1 shall
pass
through the
follow in^
Parishes,
To~viisliipi,
:uid
extra-parochial antl
other
Places
;
(that
IS
to
say,)
M’trk~~/ieltJ,
S~iiitl~il
JAip~r,
Hoi*brriy,
and
Criggkt~stone,
and shall
tcriiiinc~tc
in
thc
‘rc~~vnship
of
Ci*ig:rl~st~n~
in the Parish
of
Sundal
ilfii,gri(r,
all
in
thc said Wcst Riding
of
tlie County
of
York.
XVIT.
And
be
it enactcd, That
the Laiids Clauses Consoli-
I’ower
to
dation :Ict,
184.5,’’
slid1
be
incorpor:itcct with ancl form Part of this
1)1lrc’lase
Act,
anti
the Provisions of thc
said
1,aiids Clauses Con5olitlation
ject
to
f’or
the Purposes
of‘
the paid Braiich Wtdways, Stations, and
Works
8
Sr
9
Vict.
Lands
sub-
Act ~ll:~ll
be
npplicablc to the
1~1id~
to
1~
clitcrcd
U~OI~
and
taken
E’rovlsions
ut
respect
i
wl
y
.
c.
18.
SVIII.
And
be
it enactcd, That
the
I’owcrs
of
the Company for
Compulsorj
of
the coinpulsory
I’urchasc
or
taking of
Lands
for
the Purposes of this
Act
hall
not
bc
excrcisctl
after
the Expiration
of
Three
Years
from
the passing thereof:
La11
(Is
XIS.
A4ntl
be
it cnactctl, That
nftcr
the Expiration
of’
Sci-cn
Years
PcriotI
for
fi.or:i
tlic passing
of’
this
lict
a11
thc
l’owers
hereby
gr:intcd
to
the
CanlP1etiorl
Work.;,
and the iof thc said Stations rcspcctivclj-, or
othcro-isc
in
relation thereto, shall ceasc to
be
cxcrciscd, esccpt
as
to
so
much
of‘
tlic same
as
shall then
be
completed.
Company
fix
iiiakiiig
and
executing the
said
Branch
lkiilnxjrs
and
of
It
ai
1
ways
[
Loccrl.]
62
L)
XSL
And
,5626
9”
&
10”
VICTORIA$
Cup.cccvi.
Cer
t
aiii
Roads
may
bc
crossed
’)II
;I
J,cve!.
XXI. And be it enacted, That it shall lie
lawful
for tlic C‘oinpany
to construct the said Branch Railways
across
and on the Level
of’
thc
following public
Carriagcways
;
(that
is
to
say,)
On
tlic secondly described Branch Railway
:
On
the thirdly described Branch Railway
:
In
the Towiiship
of
Chrrdderfou
thc Road numbered
17.
In the Towaship
of
Shifliiig-foii
the Roads iiuiiibcrcd
8
and
39.
In the Township
of
Hr/iiflty
Lozrer
the
ltonds
numbered
-1,
15,
In
the Township
of
Tlrornliill
the
Road
nunibercd
51,
In
the Township of
Shillington
thc Road numbered
52.
In
the Township
Crigglestom
thc
‘I‘urnpikc
Road
numbcrcd
18.
and
26.
On the fourthly described Branch Itailway
:
On the fifthly described Branch Itailway
:
1,otlgc.s
“’
.it
LCVC.1
I‘rolal
Il@
Aa
to
the
XXIII.
Provided
also,
and
bc
it cnactcd, That Bridges
over
or
Con-t~~~tion
tinder
any priv-atc Carriageway
or
private
Road
may
1)c
built,
and
tlic.
Approaches
to
any
sucli Bridge
may
be
made,
in any other Manner
I:unCls.
than
is
hcrein-before directed, with the Consent of the O~viicrs
of
such
XXII.
And
lie
it
enacted,
That the Company shall erect
and
niain-
tain proper and convenient
Lodges
for the Use
of
the G~lteli~cp~rs
fit
cach
of
the said Level Crossings.
of‘
1:rrtIg:es
over
I)!
ivntc
Way
or
Road.
For
cvery
Passcngcr convcj-cd in
a
First-class Carriage
bj
an!
other
Train, the Suni of Two-pciicc
p~r
Mile
:
1'0r
cvcrp
Passcngcr conveyet1 in
a
Second-class
C'arriaFc
1)v
t111~
such
other Train, thc Suni of One l'enny Halfp~nny
pt'r
Jiile
:
I'or
ever\'
P:issengcr
conveyed
in
a
Third-class ('arriagc
by
an>
such other Train, the Sum of
One
Penny
pc1*
hlilc
:
Ant1 with rcspcct to the Conveyance of
Goods,
the maximmn
Ikitck
of
Chargc
to be
ni:ide
by
the
iUniuAcrster
crrd
Lc~rls
Railway
C'on:-
paiiy
for
the Conveyance thereof
aloiig
the
Railmy,
including
t
lt
Tolls
for
the
Use
of the Railway, aiid Waggons
or
Trncks
and
locomotive
Po\vcr,
and every I':xpciicc incidental to such Conwynncc.
clsccpt
a
i.casonablc
Suni
for loading, covering, and unlontling
of
(;ooti~.
:uid
for
Delivery and Collection, and
any
other
Services incit1ci;t:il
to
tlie Gu~incss
or
1)uty of
a
Carrier,
where
such Serviccs
or
any
ot'
tlicui
arc
or
is
pcrforiiicd
by
tlie Conipany, shall not
cxccccl
tlic
fol-
!owing
Sunis which the said
Conipany
are
hcrcby
enipowcrctl
to
clemand and receive
;
(that is to say,)
For
crcry
Horse,
Mule,
and other Beast of Draught
or
Bui.tIicli,
For
Horncd Cattle, the Sun1 of Two-pence
per
Head
per
Mile
:
For
Calvcs
and
Pigs,
One
Penny
cach
per
Milc
:
For
Slicep
aiid
sinal1
Animals, Three Farthings each
per
Mile
:
For
every
Carriage,
Four-pcncc
per
hlilc
:
For
a11
Coal,
C;~nncI,
C
111111,
(hkc,
and
Cinders, conwyxl
tui~
l)i\tancc iiot exceeding Fifty Miles,
the
Sun1 of One l'enii~
aut!
One
IGglith
pcr
Ton
pcr
Mile,
and
if
conveyed
for
any
I)istnnc'c,
exceeding
1Gfty
Miles,
Se\m
Eighths of
a
Penny
per
Ton
jwr
JIiIc
fbr
the
wiiole
Distance travc~led
:
For
all
Slack
conwycd
any Distance iiot cscccding Fifty
SIileL~
One
l'cnny
poi*
Ton
pcr
Jlilc,
and
if conveyed any
Distance.
exceeding h'ifty Miles,
Seven
Eighths
of
a
Penny
per
Ton
pol
~i~e
for
the who~e Distance travelled
:
For
all
Dung,
Compost,
and
a11 Sorts
of
Manure,
Lime,
Limestone,
and
all
undressed
Rlaterials for the Repair of public Roads.
Chnrcoal, Stone
fbr
building, pitching,
and
paving,
all
Urickq,
'riles, Slates, Clay, Sand, Ironstone and
Iron
Orc,
the
Suni
of
One
Pcnny
Halfpcnny
pr
Ton
per
Mile
if
convcyed
for
a
Dis-
tance
not cxcccding Fifteen
Miles,
and the
Sum
of
OIIC
Penny
iaid One
EiFhth
por
Ton
per
Nile if conveyed
a
l)istan&
exceeding
Fifteen Milcs
:
For
Irm,
not daniageable,
One
Penny
per
Ton
per
Rlik
if
con-
veyed
hr
a l~istancc
of
Fifty Miles
or
upwards, but if
for
an?
less 1)iita:icc
tlian
Fifty
Miles
One I'eiliiy I?artliing
yo.
~oii
p~.
Mile
:
For
duinageablc
Iron, Sheet
Irou,
Hoop
Iron, and
all
other siinilai
lhcription
of
Wrou$it
Iron, One Penny Halfpenny
per
Ton
per
Xiilc
if
conveyed
for
a
Distance of Fifty
Miles
or
upwards,
but
if
for
any
1ess'I)istancc
than
Fifty Miles Two-pence
per
Ton
per AIilc
:
For
Sugar,
Grain,
Corn,
Flour, Hides,
Dycwoods,
Mi~zchestrl~
pack^,
Earthenware, Tiiiibcr, Staves, Deals, Metal, Hardware
in
Packages
or
CIascs,
Sails, Anvils,
Vices,
and Cliai~s,
the
Sum
of'
7'w
0.
""'
C"'ft'c
lllll (rolHl..
Three-pence
pr
Mile
:
9"
&
10"
VICTOKIE,
Cup.cccvi.
5629
Two-pence Halfpenny
per
Ton
per
Mile if conveyed for
a
less
Distance than Fifty
jIiles,
and
the Sutn of Two-pence
per
Ton
per
Mile if conveyed Fifty Jiilcs
or
np\vards
:
For
Cotton and othcr Wools,
and
inanufhctured Goods, the Sum of
Three-pence
p~r
Ton
per
3Iilc
if conveyed
a
less Distance than
Fifty Miles, and the Suni
of
Two-pence Halfpenny
per
Ton
per
Mile if conveyed
a
Distance of Fifty Miles
or
upwards
:
For Fish, Feathers, Canes, Cocliincal, Furniture, Hats, Shoes, Toys,
and all other Articles, Matters, and
Things,
if conveyed for
a
less
Distance than Fifty Miles Three-pence I-Ialfpenny
per
Ton
per
Mile, and if conveyed for the Distance of
Fifty
Miles
or
upwards
thc Sum of Three-pence
pr
Ton
per
Mile
:
And the following Regulations shall apply
to
such maximum Rates
IieguIatio11>
as
to
maxi-
iiiiini
Rates
The
Jfiinchester
nud
Leeds
Railway Company shall be
at
liberty to
fix
a
minimum Charge
of
Ten
Shillings
to
be
taken for each
Carriage and of
Five
Sliillings
for
every
Horse
conveyed upon
the Railways, notwithstantling the Charge for the Distance for
which such Carriage
or
Horse
rcspectively may
be
conveyed
according to the Rates
aforesaid
iiiay
not :miount to those
Sums
:
The
Jfimchester
(ii~d
Lccds
Railwa;; Company sliall not
be
coin-
pellable
to
provide
Waggons
or
Carriages for the Conveyance
of
Coal, Cannel, Slack, Culm, Coke,
or
Cinders
;
but wl&e such
Waggons
or
Carriaws arc
iiot
provided
by
the said Cotnpany
a
Deduction
of
One
l%ghth
of'
:'.
Penny
per
Ton
per
Mile shall
be
inade from the above Rates
of
Carriage
for
as
many Rlilcs
as
said Company shall charge
tlie
said Rates
;
but where
aiiy
of
the
before-mentioned Articles,
Matters,
l'crsons,
or
Things shall
be
conveyed on the said Rnilwnys
a
lcss Distance than Six Miles,
the said Compauj- are herehy einpo1vcred
to
dcmaiid
and
receive
the aforesaid Charges, Itates,
or
Tolls
(as
the Case may he) for
Six Miles;
and
that whcrc
any
such
Articles,
Matters,
or
Things
shall be carried
a
Distance exceeding
1;ift);
Miles, the said
Coin-
paiiy are hereby empoirered
to
demantl
a&l
receive Itates, Tolls,
or Charges
as
for
Fifty lllilcs
af'tcr
the respective ltates
herein-
before prescribed
fix
lcss
Distance5 than Fifty Miles
:
Wlierc
a
Waggon
for
the
Carriqc
of
Cattle
or
Sheep shall be con-
veyed by One l'arty the
C:l!nrgc
for
an\-
such
\vaggon
capable
of containing Six Oxcii
or
l'iventy-five
Sliccp
shall not exceed
Sixpence
per
Mile
:
For
a
Fraction of
n
Jlilc hcyond Six Jlilev,
or
1)c~ond
any
greater
Kumbcr of Miles,
the
iU(ruc/restcJr*
/i,/(I
Lcctis
liailway Company
may
demand Tolls
on
Afercliandize,
Articles,
Jhtters, or
'l'liings
for such Fraction in proportion to
the
Sunibcr
of Quartei*s
of'
a
Mile contained thcrein, and if there
be
a
Fraction of
a
Quarter of
Mile such Fraction shall
be
cleemecl
a
Quarter
of
a
Mile
;
and
in
respect
to
Passengers
every Fraction
of'
a
Mile
bcyond
an integral
Number of Miles shall
be
dcerned
a
>rile:
For
a
Fraction of
a
Ton
the said
ilfcr?cIresfo*
crnd
Lectfs
Railway
Company may demand Toll according
to
the Xumbcr
of
Quarters
of
a
Ton in such Fraction,
and
if'
therc be
a
Fraction of
a
[
Locnl.]
62
E
Quarter
and Charges:
5630
9"
&
10"
VICTORIB,
Cup.cccvi.
Quarter of
a
Ton such Fraction shall be deemed
a
Quarter
of
a
Ton:
And with respect to all Articles, except Stone and Timber, thc Weight
shall be determined according to the
usual
Avoirdupois 1Veight
:
With respect to Stone and Timber, Fourteen Cubic Feet
of
Stone,
Forty Cubic Feet
of
Oak,
Mahogany, Teak, Beech, or Ash,
and
Fifty Cubic Feet
of
any other Tiiiiber, shall be deemed One
Ton
Weight, and
so
in proportion for any smaller Quantitj-.
Tolls tbr
small Parcels
and
Articles
of
great
Weight.
XXVII.
,4nd with respect to small Packages and single Articltu
of
great Weight, be
it
enacted, That notwithstaiidiag the Ratc
of Tolls prescribed by this Act, the said
1ChncItPstw
cind
Lceds
Rail-
way Company
may
lanfully demand
tlie
Tolls
following
;
(that
iq
For the Carriage of small Parcels, (that
is
to
say,)
any
Parcel not
exceeding Five hundred Pounds Weight, the said Company
inay
demand any Sum which they
may
think
fit:
Provided alwa~s,
that Articles sent
in
large aggregate Quantities, although inucie
up of separate Parcels, such
as
Bags of
Sug~r,
Coffee, Meal,
ant1
the like, shall not be deemed small Parcels, but such Terms shnll
apply only to single Parcels in separate Packages
:
For the Carriage of any Boiler, Cylindcr, or single Piece
of
Machinery, or single Piece of Timber or Stone, or other singlc
Article, the Weight of which, including the Carriage, shall exceed
Four Tons but shall not exceed Eight Tons, the said Company
may
demand such Sum
as
they think
fit,
not exceeding Eight-pence
pey
Ton
per
Mile:
For the Carriage of any single Piece
of
Timber, Stone, Machincrj
,
or
other single Article, the Weight
of
which, with the Carriage,
shall exceed Eight Tons, thc said Company may demand
such
Sum
as
they think
fit.
to
say,)
Restriction
XXVIII.
Provided
always,
and be it enacted, That tlie Restriction
astocharges
as
to the Charges to be made for Passengers shall not extend
to
'lot
to
"Prb
any Special or Extra Trains that rnay
be
required upon the said
to Special
Trains.
Railways, but shall apply only to the ordinary Trains appointed
fiom
Time to Time by the said
.ilfclncl/estei*
rriitl
Leeds
Railway
Company
for
the Conveyance
of'
Passengers and Goods upon thc
said Railways.
Mode
ot
XXIX.
And be it enacted, That in cstiniating the Tolls by
thi.;
cstillla%
Act authorized to be taken for short Distances and for fractional
Parts
of
a
Mile the same shall, with reference to Passengers, Cattle,
llloll
to
the
Articles, Matters, and Things conveyed
as
well upon the
one
as
the
Two
Lines.
other
of
the said Itail~vays, be calculated and imposed in such Manner
a3
if the said Two Railways formed One Line
of'
Railway.
l'olls
U
here
Traflic com-
Company
to
provide
locomotive
Power.
XXX.
And be
it
enacted, That the
JlcrncliestP~
cozd
Leeds
Rail-
way Company shall and they arc hereby required froiii Time to
Timc
and at all Times to find aiid provide sufficient locomotive Power, whcn
and
as
the same shall be required, aiid
as
soon
as
an adequate
ancl
sufficient
Load
shall be
in
readiness, to convey
a11
Merchandizc,
,4
r
t
icl
c
c:
,
r;
9"
S1:
10"
VICTORILE,
Copcccvi.
Articles., empty Waggons, Natters, and Things upon and along the
said
Railways.
XXXI. Provided always, and be it enacted, That nothing hewin
~onipmy
contained shall be held to prevent the said
Mincliestei-
nnd
Leeds
crease
tl
i:.-
Railway Company fiom taking any increased Charge, over and above
Cl,nrges
I,v
the Charges herein-before limited, for t.hc Conveyance
of
Goods
of
any
Agrcf
Kncnt.
Description, by Agreement with the Owners
of
or Persons
in
charge
of
such Goods, either in respect of the Conveyance thereof' by Passenger
or other Trains, or by reason
of
any other special Service performed
by
the said Company in relation thereto, and also any Sum, by
way
of
Pontage, Toll,
or
otherwise, which inay be authorized by any Act of
Parliament already passed, or to be' passed in the present Session
of
Parliament, in considcration
of
the Construction of any Bridge or
other important Work which, under or by virtue of any such other
Act and this Act, or either of them, will or may hereafter devolve upon
or belong to the said Company.
XXXII. And be it enacted, That every Passenger travelliIq upon
Passengers
the Railways
in
a First-class Carriage may take with hiin
his
ordi-
LU~%'Y'.
nary Luggage, not exceeding One hundred and twelve Pounds
in
Weight, and every Passenger travelling in a Second-class Carriagc
inay take with him his ordinary Luggage, not exceeding Sixty
Pounds in Weight, and every Passenpr travelling in a Third-class
Carriage may take with him his ordinary Luggage,
not
exceeding
Forty Pounds in Weight, without any Charge being made for the
Carriage thereof.
XXXIII. And whereas
it
is
expedient that the Prorisions,of the said
xLtllIber
of
said Company, should
be
varied
;
be it therefore enacted, That
it
~i~~cld~~~~-
shall
be lawful for the said Company,
l)y
a Resolution
of
any General
(;enernl
or
Special
General Meeting,
from
Time
to
Time to dcteimine tlic
Rieeting.
Number
of
Directors of the said Company
as
they shall think fit,
so
that the Number
so
to be determined be not greater than Thirty-
six
nor less than Ten, and also to
fix
the Time or Period at whi&
the said Resolution shall come into operation, and to regulate
thc
Mode
in
which the said Number
of
Directors shall be increased or
reduced
:
Provided always, that such increased or reduced Number
of
Directors shall have the
samc
Powers, Authorities,
and
Privileges,
:md
be subject to the same Restrictions, Rules, and Rcgulations in all
respects,
as
are imposed or conferred upon the Directors nominatcti
or elected under or by virtue
of
the said recited Acts.
XXXIV. And be
it
enacted, That
it
shall
be
lawful for tlic
1'o\yc.r
ti;
illcimhester
crnd
Leeds
Railway Company, by and with the Authority
ntiidpixi:~.
ni
tli
t
!:e
I'rcsturi
iii~ci
and Approbation of Three Fifths of the Votes
of
the Proprietors
who
hall bc present, either personally or by Proxy,
at
some Extra-
Lvyre
ll:iil.
ordinary General Meeting of the Company specially convened for the
way,
irzI.-
Purpose,
to unite
and
amalgamate with the
Preston
und
?$:ye
;ml
RaillVaY, Harbour, and
Dock
Company, upon such Ternis
as
shall
Dock
c'l!l'-
be agreed on, and for the last-mentioned Company,
by
and with the
like
Authority and Approbation
on
the Part
of'
Proprietors
of
Shares
in
recited Acts,
so
Cdr
as
they relate to the Number
of'
Directors
of
the
D'
irec
t
01's
pan)..
9"
&
10"
VICTORIB,
Cnpcccvi.
sition, it shall be lawful for the said Lords Commissioners or other
Officers to serve the said
Manchester and Leeds
Railway Company with
the Notice to introduce into Parliament in the then existing Session,
if Parliament should be then sitting, and if not, in the next ensuing
Session,
a
Bill or Bills for amending this Act in such Particulars
as
aforesaid, and thereupon the said
illancltester and Leeds
Railway
Company shall and they are hereby required to introduce such Bill
or Bills accordingly, and duly to prosecute the same, in default
whereof
it
shall be lawful for the said Lords Commissioners or other
Officers
to
introduce or prosecute (as the Case may be) such Bill
or Bills at the Expcnce of the said
Mcznchester and Leeds
Railway
Company.
5633
XXXVII. And
be
it
enacted, That nothing in this Act contained
Company
shall extend or be construed to extciid to authorize the said Company
not
to
inter-
fere with
to stop up, contract
in
Width, raise, lower, alter, or otherwise in any
certain
Way
to
interferc with
Lees
Street,
Livesey
Street, George's Street,
streets in
the Street leading from
Strint
George's
Church
to
Saint George's
Manchester.
Road,
called
Greei~
Lane,
Oldlimn
liocrd,
New
Bridge Street, Great
Ducie Street,
and
Walker's
Ci-oj?,
fiom
Hunt's
Bank
to
Millbrow,
all
in the Borough
of
Manchester,
or with the Levels of any
of
the
said Streets, or to erect or build any Bridge over or under the said
Streets or any of them, without the Consent of the Mayor, Aldermen,
and Burgesscs of the Borough of
Mmzchester,
testified in Writing
under the Hand of their Surveyor being first had and obtained
;
and
in case the Company shall
act
contrary to the Itestrictions or
Provisions in this Clause contained the said Company shall
and
arc
hereby made liable for every Urcnch thereof
to
the Payment to
the said Mayor, Aldermen, and Burgesses of the Penalty
of
Ten
Pounds for each and every Day during which such Breach shall exist.
XXXVIII. And
be
it enacted, That it shall be lawful for the
Uridgc
to
be
Company to make
a
Bridge or Archway under the Street in
Man-
erected
chester
called
York Street
or
York
IZoiid,
for the Passage of the
liond.
Railway across or uiider the same, provided the Width
of
the said
Street or the Level thereof be not thereby pertnanently abridged or
altered, such Bridge
or
Archway
to
be built according to
a
Plan
to be approved
by
the Surveyor for the Time bcing of the Mayor,
Aldcrrncn, and Burgesses of the Boro~igli of
illuncliester.
under
York
XXXIX. And be it enacted, That notwithstanding any thing in
Ccrtain
Pro-
this Act containcd
it
shall not
bc
lawfill for the said Company to
perty
be
taken
not
m
take, for the Purposes or in the kecution of this Act, the Land and
,vithout
Buildings in
Old/~(mz
Road,
numbcrcd
34
in the Plan deposited,
Consent.
belonging to the Mayor, Alderrncn, and Uurgesscs
of
the said
Borough, and now used
as
a
Police Station, or to stop up, contract,
or otherwise in any
way
to interfere with the Streets adjoining the
said Premiscs called
BeqbrcE Street,
Suyy
Street,
and
Strlisbwy
Street,
and numbered
33,
35,
and
37
in the said l'lan, without the
Consent of the said Mayor, Aldermen, and Burgesses in Writing
under the Hand of their Surveyor first had and obtained.
[Local.]
62
P
XL.
And
5634
9’
6t
10’
VICTORIB,
Cap.
cccvi.
JIonies 11”d
XL.
And whereas the Land numbered
145
in the said Plan
of
the Lands required for the Extension of the
Victoricr
Station i11
tor I’urcliase
of‘
Burial
(;round
in
r7lnnchester
has been for a long Time past and is now used as a
Manchester
Parish Burial Ground
:
And whereas it
is
desirable that the Money
to
be
laid
which shall be paid for the Purchase of the said Ground proposed
to
be taken for the Purposes
of
this Act should be invested in the
out
in the
Purclinse of
ot11er
~~~d~
purchase of other Lands in
a
convenient Locality, to be used
as
and
be
used
for
a
Parish Burial Ground;
be
it therefore enacted, That any
as
a
Monies which shall be agreed or awarded to be paid by the said
ilfanchester
and
Leeds
Railway Company for the Purchase of the said
lhrial
G
r
D
u
ntl.
Burial Ground shall
be
paid into the Bank of
Englmd,
in the
Name
and with the Privity of the Accountant General
of
the Court
of
Chancery, .pursuant to the Method prescribcd by the
Lands Clauses
Consolidation Act,
1845,”
and that, on the Petition
of‘
the Dean and
Canons
of
the Collegiate Church and thc Churchwardens
of
ilfun-
chester
for the Time being, the same Monies shall be laid out and
invested in the Purchase
of
other Lands, in such Situation, not being
nearer than Three hundred Yards to any House
of
the annual Value
of
Fifty Pounds, or having
a
Plantation or ornamental Garden
or
Pleasure Ground occupied therewith, (except with the Consent in
Writing of the Owner, Lessee, and Occupier
of
such House,) unless
such other Lands shall at the Time of the Purchase thereof be used as
a
Burial Ground, as to the said Dean
and
Canons and Churchwardens
for the Time being shall appear expedient, to
be
used
as
and for the
Purposes of a Parish Burial Ground.
.is
to
.il)pli-
cation
of
)Ionies
XLI.
And be it enacted, That until such Purchase shall be made
as
lastly herein-before authorized, the Monies to be paid by the
said Conipany may, upon an Order
of
the Court of Chancery, made
on the Petition of the Dean and Canons and the Churchwardens
of‘
:7lincJiester
for the Time being, be invested in the Manner provided
by the said
‘‘
Lands Clauses Consolidation Act,
1845
;”
and the
Interest, Dividends, and annual Proceeds from Time
to
Time to
accrue and become due in respect thereof shall and the same
is
hereby authorized to be paid from Time to Time,
as
the same
become
the and payable, unto the Party or Parties who would
have
been
entitled to receive the Dues or Fees payable for or in respect
of‘
Interments within the said Parish Burial Ground, in case the
Sale
thereof
to
the said Company for the Purposes
of
this Act had not
taken place.
Purchase
mntle.
l’robibioii
tbr
ot”‘emains
in
Grarcs
opened
i!l
the
said
Dnrial
XLII.
And be it enacted, That whenever it shall
be
necessary, in
1:emoval
pursuance and execution of this Act, to open and disturb any Grave or
Graves or any Burial Vault or Vaults in the said Burial Ground,
it
shall be lawful for the Heirs, Executors, Relations, or Friends
of
any
l’crson
or
Persons who shall have been interred or deposited in such
Grave or Graves, Vault or Vaults, with the Consent
of
the Minister
or Churchwardens or the major Part
of
them, at any Time within
Twelve Months fioni the passing
of
this Act, to remove and carry
away the Remains of any such Person or Persons, and
to
place the
same in some other Churchyard or Burial Ground, in such Manner
as
the
Lord
Bishop
of
the
Diocese for the Time being, or such Person
or
6
Persons
(.;~oii
ri
tl.
9.
&
10"
VICTORIZ,
Ccip.cccvi.
5
63
5
Persons
as
he may appoint, shall direct; and the Expences of such
removing, carrying away, and placing (not exceeding in any one Case
the
Sum
of
Ten Pounds for each Grave or Vault) shall be paid by the
said Company, and that the Reinains of such Person or Persons
as
shall have been interred or deposited in the Graves or Vaults
so
to be
opened or disturbed
as
aforcsaid, which shall not be removed or
caried away as aforesaid, shall (except such Graves or Vaults shall be
finally closed up)
at
the Expence
of
said
Company be removed from
such Graves
or
Vaults into and be interred in
some
other Church-
yard or Burial
G~OLII~,
in such R'Ianncr
as
the said Lord Bishop shall
direct.
XLIII.
And
whereas the said Branch Railway to
Bacrip
is
intended
11s
cl~b~
to
be carried over and across several public Streets and Roads situate
~~1~~~~~{~~~
in the Town of
Rochdnle,
and it is expedient that Provision should be
made to prevent the Passage along snch Streets and Roads being
obstructed or incommoded by such Railway and Works
;
be it enacted,
That in case the said Branch Railway to
Buczcp
shall cross any public
Street or Road already formed within the Limits
of
the said Town,
as
defined by an Act of the Seventh and Eighth Years
of
the Reign
of
Her Majesty Queen
Victorin,
Chapter
104,
intituled
An
Actfor
better
i
iigliting, paving, cleansing, watching, wgzilrting,
and
imnprovi??g.
tlie
c.
101.
Town
of
Rochdale,
nnd
the
Environs
tfiei*eof;
in
the
Count?/
Pdntine
?f'
Lancaster, the same shall be effected by means of
a
Bridge or
Viaduct to be constructed over every such Street or Road, which Bridge
or Viaduct shall be built
of
Brick, Stone, or Iron, and
so
constructed
as
to be
at
all Times Drop-dry
;
and the Foundation of every such
Bridge or Viaduct, and the Pillars, if any, and Abutments thereof,
shall extend below the Surface
of
every such Street or Road to the
Depth
of
Nine Feet,
so
as
to allow the said Commissioners to make
and construct any Sinks, Drains, Sewers, or Watercourses, and to lay
and place any mjin or other Pipes or Works which by the said Act
they are authorized to
do
;
and that the Battlcments
of
every such
Bridge or Viaduct shall be made of Stone, Brick, Iron, or
Wood,
and
shall
be constructed Six Feet in Height at the least from the Surface
of
the Railway along each Side of such Bridge or Viaduct throughout
the entirc Crossing
of
such Street or Road, and to the further Extent
of
Five Yards in Length at both Ends
on
each Side of every such
Bridge or Viaduct.
s
\.'ici.
XLIV. And be it enacted, That the Arch of the Bridge or Viaduct
-13
10
cIc"5
to be erected for the Purpose
of
carrying the said Branch Railway to
~!''~t,i~~~~~
Bncup,
over the Road leading from
Rochdde
to or towards
Alilmwow,
tlnlf
to
ll,li;
shall be made
so
as
to leave
a
clear Height
of
Sixteen Feet Seven
raj:.
Inches at the least from the Surface
of
the Road when finished to
the
under Side
of
such Arch, for the Space
of
Six Feet
on
each Side
of
the Centre
of
such Road, and that the clear Height
at
the Spring-
ing of the Arch shall not be less than Ten Feet, and in order
to
obtain
such Height under the said Arch it shall be lawful for the said
Com-
pany
to
lower the Bed of the said Road to the Extent of Four Feet,
but the same shall be done in such Manner that the Inclination
from
the said Bridge or Viaduct
shall
not exceed One Foot
in
every
Forty
5636
Yo
8i
10"
VICTORIE,
Cupccwi.
Forty Feet on any Part of the said Road the Level of which shall be
altered.
11s
~UC~OSS-
XLV.
And be
it
enacted, That the Arches of the Bridges or
other
il'g
certain
Streets
Viaducts to be erected for carrying the said Branch Railway to
Baczll)
jn
R,,cI,dnle.
Over the Streets respectively called
South
Street
and
Brnclshazc
Street,
and
a
Street near thereto running parallel with
Yorkshire
Street,
shall
be
respectively of the Width of such last-mentioned
Streets, and that the clear Height at the Springing of such Arches
respectively shall not
be
less than Ten Feet, and that the Height of
such Arches respectively over
Bradshaw
Street
and the said Strect
running parallel with
Yorkshire Street,
from the Surface
of
the Street,
shall not
be
less than Sixteen Feet for the Space of Ten Feet, and
thc
Height of the Arch over
South Street
shall not be less than Tdve
Feet, and
as
much more
as
practicable for the Space of
Ten
Feet
;
and
that the Arch for carrying the same Railway over the Street or
Road
leading from
Roclidale
to
f.1aZzfci.l.z.
shall be
made
so
as
to leave thcre-
under
a
clear Space of not
less
than Thirty-five Feet as
a
Carriage
Road, exclusive
of
Footways, and shall leave
a
clear Heiglit
of'
Eighteen Feet at the least
fiom
the Surface
of
the said Street or
Road to the under Side of such Arch for the Space of Six Feet
on
each Side of the Centre of such Street or Road
;
and that the said
Company shall make
a
Footway not less than Six Feet wide (exclu-
sive of any Piers or Pillars between such Footway and the Carriage-
way) on each Side of the Carriageway, such Footways to be made
so
as
to be at all Times Drop-dry,
and
not to be less than Ten Feet high from
the Surface thereof, and that in making such Railway and Works,
it shall not be lawful for the said Company to alter the present
Level of the said last-mentioned Street or Road without the Consent
in
Writing of the Commissioners for thc
Time
being acting in
execution of the said Act of the Seventh and Eighth
Victoria,
Chap-
ter
104.
"Cl
t'lll
XLVI.
And
be it enacted, That it shall not be lawful for the said
!;l1OL\'
a?
5
in
Company to carry the said Iiailway over the following Footways on
the Level or otherwise than by making the said Railway over thc
.
)I
1
rd
same
;
namely,
a
Footway marked
101
on the said
Plan,
leading from
the
Top
of
Regent Street
in
Wwdleworfh
to
Foxholes
Lane,
another
Footway marked
107
on
the
said
Plan, leading from or past
a
Farm-
house called
Jephqys
to
Fo.choIes
Lnize,
and another Footway marked
118
on the said Plan, leading from
Jeplieys
aforesaid to the Top
of'
the said
Foxholes Lane,
and
that proper Arches or Viaducts shall be
constructed over the said Footways rcspectively, each such Archway
to
be
not less than Six Feet Six Inches
high
and not less than Six
Feet wide, the said Footways passing under such Arches or Viaducts to
be
well drained
so
as
to be at
all
Times dry
;
and that for the Purpose
of
obtaining such Height for the said Archways it shall be lawful for
the said Company to divert the said Footways or either
of
them
so
far
as
it may be necessary to obtain such Height, and that the Inclinations
of the Approaches to such Archways or Viaducts respectively on each
Side
thereof shall not exceed One Foot in Sixteen Feet, and that
in
case the said Railway shall be carried across
a
Carriage Road leading
from
Iiocl~tlnle
+.)
be
prc-
9'
8~
18"
VIGTORIB,
Cupcccvi.
5637
fioin
IZeiglits
Lalie
to
Syke,
the same shall be effected
by
a
Bridge
or
Viaduct, to be constructed
of'
Brick, Stone, or Iron, for carrying the
said Road over the said Railway, such Bridge or Viaduct
to
be not
less than Twenty-five Fcet wick between the Battlements, and
to
be made with Battlcmcnts
on
each Side of such
Road,
of Brick,
Stone, Iron, or Wood, not
less
than Four Feet high for the whole
Width of such Crossing, and for the further Space
of
Five Yards in
Lengtli
at
each End
011
each Sidc of such Bridge or Viaduct.
XLVII. And whcrcas
a
Plot
of
Land, situate in
~cfrd/e?l;orth,
and
Comp;iny
war to the Easterly Side
of
George
Street
Xoztth
in
Roclidole,
not
to
takc
Lands
in-
tended
for
belonging to the C&inissioners
of
1iochd&,
and
on
which ccrtaiii
Gas
Apparatus
is
about
to
be
erected, lies within the Line
of
llevi-
Gas
\+To,.ks
ation of the said proposcct Branch Philway to
Btrcup,
as
laid down
on
in
~toc~:(ia~e.
the Plans deposited in pursuancc
of'
the Standing Orders
of
Parlia-
ment, and
it
is expcdieiit that such Railway shall not approach the
said Plot of Land within the Distance herein-after mentioned
;
be
it
therefore enacted, That it shall not
be
lawftil for the said Company
to
make or construct thc said Railway and Works,
or
any Part thereof,
within the Distance of Ten Yards
fioin
a1i.v Part
of
the
said Plot of'
Lalid
on any Side thereof.
XLVIII. And be
it
enacted, That in constructing the first-nicntionect
Protectin;:
Branch Itailway through thc
Laiids
of h1cssrs
Jolrr~
Briglit
and
lieser-
Brothers, iii the Tonmliip
of
Wnrcllezrorth,
the Coinpany shall
RIcssl
S.
dcriate the Line
of
the said Railway to the Eastward
of
the Rescr-
Briglit
allti
voir of the said
,JoJiu
Brighf
anti Brothers, numbered
1.37,
139,
and
1hotlieii.
140
on the said Plans,
and
shall
not, during the Construction or
Progress of thc said Branch litailway, injure or damage the
saiiie
Kcscrvoirs or the Banks thercof; undcr the Penalty
of
Twenty Pounds
for every Day during the Continuance of such Damage
or
Iii,jurj,
and shall
at
their own Expence erect and build across the said
Branch ILailway, in such Situation
as
the
said
John
Bright
and
Brothers, or the Owner or Owners for the Time being
of
the said
Lands, shall at
any
Time during the Construction
of
the said Branch
Railway direct,
a
good and substantial Bridge for Waggons
and
Carts,
of not less than Four Yards
wide
between the Battlcnicnts thereof, with
proper Approaches
to
such Bridge, not
to
exceed in Rise or Inclin
a
t'
1011
Onc in Sixteen, and also
a
good
and substantial Bridge over
or
Archway under the
said
Branch Railway for Foot Passengers, with
convenient Approaches,
and
shall for
ever
afterwards at their
Expence maintain the said several Bridges or Archway in good
Repair.
roirs
of
XLIX.
And whereas
Jnnzes
Denrden
Esquire,
as
Lord
of
the
io
CLr-
Manor
of
Roclidcrle,
claims to be entitled to certain Coal and other
tdin
T~nm-
Minerals lying under
a
certain Common called
Cronk-ey
Saw
Coni-
yz:':,:
::;',cd
mon, in the Township or Hamlet of
Wordleworth
in the Parish
of
by
sJt,i,,rb
Roclirlnle,
which said Works are
at
present in operation and are
Dtardcn.
capable
of
great Extension
;
and
it
is
essential to the Interest of the
%ui~c'-
said
Janzes Dearden
that he should be enabled
to
convey the said
Coals and other Minerals from the Pit's Mouth to the
Town
of
Rocli-
[
Loccrl.]
62
G
&de
5638
9'
&
10"
VICTORIlE,
Cap.
cccvi.
dole
by means
of
a
Tramroad
or
a
Railroad, which is alreastaked
out, and is intended forthwith to be completed by the said
.fimes
Decidua,
but the Line
of
the said intended Tramroad will
be
crossed
by the Line
of
the said Branch Kdwaj- to
Bt~iip,
as
appears by the
said Section deposited,
on
an Embankment of Six Fect in Height
or
thereabouts at the Point
of
crossing, and
it
will therefore be necessary
that the said Tramroad or Railroad should
be
carried
under
the said
Branch Itailway to
Bncup
by means
of
n
Bridge or Archway
;
be
it
enacted, That the said Company shall at thcir own Expeiiee,
when
required
so
to
do
by the said
.lams
Denidei~,
make and complete
:I
sufficient and substantial Bridge
or
Archway, for the l'urpw
of
carrying the said Tranirond or Itailroad under the said prqjcctetl
Linc
of Railway, such Bridge or Archway to bc
of
a
Span of Fifteen Feet
measured at Right Angles, and at'such
a
Height
as
can be givcn
without altering the
Level
of
the Railway, and not being
less
than Six
Feet; and that
in
case the said Company shall refiise
or
neglect
to
make
and
complete the
same
Bridge
or
Archway accordingly, within
a
reasonable Time after the said Notice
and
Demand to that Effect
given to their Secretary by the said
Jnmes
Dende12,
his Heirs
or
Assigns, it shall be lawful
for
tlie said
Jniiies
DcnrClei2,
his Heirs
or
Assigns, to make
and
complete the said Bridge,. and to recover
the
Amount of the Costs and Expences of and attending the making and
completing the same
from
the said Company,
as
and
for
liquidated
Damages.
Proposed
L.
And whereas
a
Diversion
of'
the Line of Turnpike ltoad
froni
near
TroiigJi
G'cite
in the Township of
S'otlcrnrl
to
Lee
ilfill
in
thc.
I>iverbion
at
Trorigli
Gate
oftile
~~~1~.
Township of
iVexcJ/ui*cl~
is
proposed to
be
made
by
the said Com-
dale
~oad
pany, and
it
is proposed to carry the
said
diverted ltoad
over
the
b'
the
Em-
Branch Railway in this Act mentioned,
fiom
Iioclrdale
aforesaid to
Brtcup
aforesaid, by means of
a
Bridge? and it is conceived that
such
tion
of a
Bridge.
Diversion inay
lie
made
jn
a
less
objectionable
Way
than the
one
proposed
;
be
it
therefore enacted, That it shall not be lawfiil for the
Company
to
make
a
Diversion of the said Line
of
Turnpike
ltoati
fiom
near
'li*oz(,g-J/
Gate
to
Lre
L4fi/L
aforcsaid,
or
to carry thc
same
over the said llranch Itailway
fiom
Roclidde
to
Bctcup
aforesaid,
except
or
otheriyise than
in
the
Rlanner
described and laid down on
;L
Plan
alreadv
signed by the Solicitors to the l'rustecs of
the
said
Turnpike
lioad
and the Solicitors to thc
said
Company,
and
to
bc
deposited with the Clerk of the
I'cace
for the County Palatine
of
Luncaster
within
One Month after the passing of this Act.
Prescribing
*de
at
whicli
such
Bridge
is
to
be
erected.
LI.
And
be
it enacted, That the Bridge for carrying the said
Line
of Turnpike
Road
over the said Branch
ltailway
shall
be
hilt
at
such
an
Angle
or
of such
n
Len@ that
the
said diverted Line
of
Turnpikc
Road
at
and
over
such Bridge shall
for111
a11
Angle
of
not more than
Thirty Degrees with the Line of the said Branch Railway, and the
Approaches
to
such Bridge shall
bc
continued on each Side thereof,
in
uniform
and
easy Curves, to the respective Points of Junction with
the Turnpike Road fiom
IZOCJL~OZ~
to near
B10*?2Zey,
and
with
tlie said
Diversion of the said Line
of
Road
fiom
near
Trough
(;trte
to
Lee
illilk.
MI,
1411d
(3"
&
10"
VICTORIA$
Capcccvi.
5639
LII.
And mhercas
it
is
also
proposed to make
a
Diversion of the
As
to
the
Road
from
Rochdcrle
to near
BimzIqy,
at
or near
a
Place called
I"ol'o:ed
Rockcl[@
otherwise
H
lioc.kcllipi,
in the said Township of
ltockcliffe.
~ptltrnd
:
And whereas the said Branch Railway in this Act
iiien-
tioiled
fiom
Ilocl/dnle
aforesaid to
Brrurp
aforesaid is intended to
be
carried under the said proposed Diversion of the said Road
froni
Rocl~dtde
to near
BumIq
.-
And
wlicrcas,
according to the Plans
now
deposited with tlie Clerk of thc Peace for the County Palatine of
Ltrncasfer,
it
is intended to divert the said
Road
in
a
Maiiner
which
in the Opinion of the Trustees
of
the Faid
Itoatl
would
bc
prejrtdicial
to
the Public
;
be it therefore enacted, That
it
shall not
be
lawful
for the Company
to
niake a Diversion
of
the said
Road,
or
to carry
the
same
over the said Branch Railway from
lioc.lidi//c
to
BCIC~I,
cscept or otherwise than in the
Rlanner
describcd and laid down
on
a
Plan already signed
11.y
the Solicitors to the Trustees of tlic said Turn-
pike
Road
and
the Solicitors to the said Company, and to
be
depositet1
with the Clerk of the Peace of the County 1'al:itinc of
Ltii~usr'or
within One Month after passing ofthis Act.
Illversion
at
LIII.
And
be it cnactcd, That
in
making the said Dibersion thc
I~~c~cri~itrg
said
Coinpaiiy
shall
carry the
said
Road across thc said Brancli
Mc~~i~~cr
111
Railway
by
nieans
of
a
Biidgc, built of
such
a
Length
or
at
such
an
~~~,~~~~l~!~~r-
Angle that the said last-mcntionctl divcrtcd Line
of
'l'ulnpi1,e
ltoad
is
to bc
aver the said Branch 1LaiIway slid1 foriu
an
Angle of Tmenty-scvcn
cl
ectcli.
Degrees therewith,
and
t,he said Diversion
of
tlic said
Road
shall
be
continued
on
the Westerly Side of the said Branch Itailway
by
an
easy
Curve
in
the Linc shown
on
the said last-mentioned Plan,
and
so
as
to join the Linc of the mid present Road
fiom
Roclidirlc
to
near
Burnlq,
at
the South-easterly Corner of the
Land
and
l'remises
belonging to Mr.
Willim~
Ht~dsou,
and
iiunibercd
78
on
the saitl
Plans
now
deposited with the Clerk of the
l'cacc
of the Countj
Palatine of
Laizcrrsfei..
LIV.
And
be
it enacted, That the Conipaiiy
shall
and
they
are
~'IL~CIIIHII~
hereby requircti to
make
the said Divcisions
of
Itoacls
so
authorized
''ltltlr
'Int'
I.C\L!l
of
tlrt
to be made
as
last aforesaid of not
less
Width
than
tlic Width
of
tlic
IIL'w
,l'urn-
corresponding Portions
of
the existing Roads
so
to
lie
diverted
as
pikc
J:~~,~I,.
aforesaid, and
so
that the said divcrtcd
or
substituted
Roads
shall not
have steeper Ascents or Descents than now cxiin the coi.rcspoiiding
Portions of the said
Roads
so
to
be
cliveitul
as
aforesaid.
LV. And be it enacted,
'l'hat
t!ic
c'o1I1pcily
sld
ad
they
are
I)riii1is
JIILI
hereby required, at their
own
Costs
and
Charge?,
to inakc such Drains,
I'c!lces
'0
IJL
Tunnels, Culverts, and Passages under
and
on
thc
Sides
of
tlic said
"l'l~iv~
Diversions of Itoads
as
shall
1)c
sufficient to
keep
the same diverted
Roads
dry,
and
for conveying the Waters
away
from tlic sanie,
and
shall
also
build
and
construct proper
and
snfficicnt Stone Walls of not
less
than $'our I:eet high
abom
the
Surfacc
of the Road
on
both Sides
of
the said Diycrsions of
Roads,
so
as
efectually to
guard
ad
fellcc
off
the Lands adjoining
such
Roads
fiom
Trespass
or
hijury,
and
also
proper Gates, Stiles,
and
Posts ~vhcrc necessary oiit
of
the
said
fiiversions
of
Roads
into the atcIjoining
IJantls.
LVI.
linct
5G40
9”
&
10”
VICTORIB,
Cupcccri.
Screen
to
be
LVI. And
be
it enacted, That the Company shall and they
are
hereby required, at their
own
Costs and Charges, to makc and fix and
erected
bc-
tween the
1lailway
and
for
ever maintain
a
sufficient Screen between the
Iioclidcile
and
Bicm-
the
ROC~I-
ky
Turnpike Road, or any Dilvxsion or Branch thereof or therefion],
dale
11o~d.
and
the said Branch Railway from
RocJidaZe
to
Bnczcy,
in
all
Part3
where the Distance from the said ltoads or any
of
them to the
said
Branch Railway shall not be greater than Twenty Yards, for preyent-
iiig Alarm to Horses and Animals used for drawing
or
riding on the
said
Turnpike Road,
or
any Diversion or Branch thereof,
and
the
consequent Danger to the Public passing
along.
the samc, and which
Screen shall be
a
Stone Wall,
of‘
not less Height than Eight
Feet
above
the Surface of the Road, and such Screen
shall
be
placed or
fixed upon or
on
the
Side
of
the said Turnpilie lload, or Diversion,
or Branch thereof or therefrom
;
and
if
the said Company shall fail
to
make or
fix
or iiiaiiitaiii
any
such Screen
as
aforesaid, they shall
forfeit
to the Trustees
of
the said Turnpike Itoads respectively
Five
Pounds
for
every Day, after the opening
of
the Line for
Traffic,
during which the said Coinpnny shall
so
fail to make or
fix
or niaintain
any
such
Screen, to
be
recoverable in such and tlie same Manner
ac
Penalties for the Recovery of which
no
special Provision is
made
are directed to be recovered in
and
by the
‘‘
liailma\-s Clauses
Consolidation Act,
1S4.5.”
JIr.)-Iuhon’a
LVII. Provided always, and be it enacted, That it shall not
be
lawful for tlic Conipaiiy, for any
of
the Purposes
of‘
this Act, or for
Preniiscs
at
lloc
h
c
1
i
Ke
to
lie
auy
Purpose connected tlierewith, to take,
use,
or
enter upon the
interi’crctl
Lid,
Garden, and l’rcmiscs iiiarlied or numbered
78
in the said
Plan
\tit11 ~itll~llt
and
13001is
of’
lteference
so
now
depositcd with the Clerk of the
Peace
of‘
tlic County Palatine
of
Ltrizcaster,
and no157 belonging
to
COI~SC~lt.
Ah.
l17ilfitrni
Hudsoii,
at
or
near
Rockcligh
in the said Township
of
,S”pt/~rnd,
or
niiy
of them or anj Part t‘hereof, without the Consent
in Writing
of
the Owner thereof for the Time being first had and
obtained, any thing in this Act or in any Act incorporated therewith
contained to the contrary notwithstanding.
I’oner
for
LVIII.
And
whercas the Devisees in trust under the Will of
George
Lloyd,
late of
Cou-csly
€€dl
in the County of
York,
Esquire, deceased,
the
Dekisees
in
trust
of
tile
late
(;eo.
are the Owners of
a
considerable Freehold Estate situate in the Parish
T,Ioyti,
Esq.
to
niaL.c
I3ian
c
11
11
ai
I
ways.
Kot
to
in-
terfere with
Calder
atid
Hebble
Navigation.
of
Kocldde
aforesaid, through which the proposed first-named Branch
Railway
is
intended
to
pass
;
be
it therefore enacted, That it shall and
niay
be
lawful for the Devisees of the said Estate of the said George
Lloyd,
or for the Owners or Occupiers of the
same
Estate for the
Time being, to
lay
down, make, and construct
a
Branch ltailway or
Branch Railways from and out of the said Estate, to communicate
with the said first-named Branch ltailwaj, notwithstanding such first-
named Branch Railway shall be constructed
on an
Inclined Plane,
any
thing
in
this or the said recited Acts contained to the contrary
in
anywise notwithstanding.
LIX.
And be it enacted, That nothing in this Act contained shall
take away, diminish, alter, lessen, prejudice, or
affect
any of the
Rights, Privilcges, Powers,
or
Authorities of the Company of Pro-
4
prietors
9"
&
10"
VICTORIB,
Cali.
cccvi.
5611
prietors of the
Cnlder
crnd
HebbZe
Navigation in the West Riding
of
the County of
York,
or
authorize
or
empower the said Railway Com-
pany to alter the Line or Levcl of the said Navigation or the Towing
Paths thereof, or to divert any of the Waters therein or any other
Waters which now supply or inay
be
taken for the Use of the said
Narig,ztion, unless the same last-inentioncd Waters
lie
taken in such
a
Course
as
not to injure or prejudice the said Navigation, or to injure
or
interfere with the Wharfs,
Towing
Paths, or any of the Waters
of
the said Xavigation Company, otherwise than
is
herein-after speci-
fically provided for
;
and it shall not bc lawful for the said Railway
Wharfs,
pcc.
Company
to
make any Dcviatioii from the Course or Direction of the
of
such
Na-
said
Itailway
as
delineated and described in the Maps, Plans, or
vigation
not
to
be taken
Sections deposited with the Clerk
of
the Peace for the West Itidinm
i~
withont
of
the County of
York,
by which Deviation the said Navigation, or
Consent.
any
of'
the Locks, Side Ponds,
Towing
Paths, Bridges, Weirs, Banks,
Wharfs,
or
Feeders,
or
any
other Works of or belonging to the said
Cctller
and
Hch6Ze
Navigation Company, or any
Part
thereof, shall
be taken, used, damagcd, or interfered with, except as herein-after
provided
for,
without the Consent of the said Company of Proprietors
of the
Cdder
nnd
IIe6ble
Navigation under their Common Seal first
had and obtained.
LX.
Ant1
bc
it
enacted, That in carrying the thirdly described
Itailway
to
Branch Railway over the Canal,
Ihnks,
aiid
Towing Paths
of'
the
bc
carried
Company of Proprietors of the
Cnlder
and
Hebble
Navigation in the
Calder
said Township and Parish of
TIwrnIiiU,
the Itailway Conipniig shall
iieb~le
and they are hcrehy required to carry and make the
said
llailway
Canal
by
a
over such Canal, Banks,
anci
Towing Paths by means of
a
Bridge,
Bridge
Of
certain
and the Railway Company shall
anci
they
are
hereby required
so
to
Dimensions.
construct anci erect such Bridge and the Piers
or
Abutments aiid
Arch thereof
as
to leaw a clear Space
of
not lcss than Fifty lTcet
betwcn the l'iers or Abutments thereof,
and
so
that the Span
of
the
Arch thereof over such Canal and Towing Paths shall not be
less
than Fifty Feet, measured
at
Right Angles with the
said
Canal,
and
the Spring of such i4rch
fioni
the l'iers shall bc
or
coinnicnce
at
Six
Feet above the Level of the Towing Path
of
the Canal, and the
Soffit
of
the Arch of such Bridge shall be Fourteen
Feet
at the least above
the ordinary Top-lf-ater Levcl
of
the Canal
;
and the Coinpany shall,
at their own Costs
anci
Chargcs, restore and complete and put in
a
peifect State and Condition thc Towing Path
of
the said Canal
and
every such Part thereof
as
shdl
be
iiijured
by
the Erection
of
such
Bridge or the making
of
such Railway and the Fences thereof, and
shall also make convenient Approaches to such Towing Path and
Canal in lieu
of
any Ways or Approaches which may
be
stopped
up
or interfered with by the making
of
such Railway, and for such Pur-
pose, where necessary-, shall leaw Openings through or under such
Railway, and all suc'h Works shall
be
made and conipleted to the
reasonable Satiscaction of the Engineer
of
the said Company of
Proprietors, but
at
the
sole
Costs and Charges
of
the Railway
Company.
Branch Railway over the River
Cddw
and Towing Path thereof
in
be
carried
over the
LxI.
And be
it
enacted, That in carrying the thirdly described
Railways to
over
the
[
Local.
]
62
H
5642
9"
&
10"
VICTORIB,
Cupcccvi.
Kiver
Calder
the said Township of
Ossett
otherwise
Ossett-cum-
Gnzctlioipr
in
the
by
nrldges
said Parish of
Deu-sbuy,
and in the said Township and Parish
of
ot'
certain
Din,cnsions,
Thornhill,
and that in carrying the fifthly described Branch Railway
&C.
over the River
Calder
and Towing Path thereof in the said lomiship
of
Horbuy
in tlie said Parish of
Wnk&hZ,
and
in the said Township
of
Crigglestone
in the said Parish of
Sandal-Magnn,
the Company
shall and they are hereby required to carry and make the said thirdly
and fifthly described Branch Railways over the said River and Tolying
Paths by iiieans of Bridges;
and
the Company shall and they are
hereby required
so
to construct Rnd erect such Bridges, and the Piers
and Arches
or
Openings thereof,
as
to leave
a
clear and open Water-
may
of not less than Forty Feet in the deepest or most navigable
Parts
of
the said Rirer, and also the further Space of Ten Fcet for
the Towing Paths under the same Arches or Openings
;
and the Com-
pany shall and they are hereby required to construct and make solid
and substantial Towing Paths,
of'
not less Width than Ten Feet,
alongside of
such
Watcrmays under the same Arches
or
Openings,
and
also
in
continuation therefiom,
on
both Sides of such Bridges,
unto
a
convciiient Junction with the Line
of
the present To~ing Paths
of the Navigation
of
the said River, the whole thereof to be of not
less
Width than Ten Feet, and whether new Towing Paths
bt:
made
or the present Towing Paths or any Part thereof be
uscd
!iy
the
Company for the Piwpose, and no Erection or Impediineiit shall
be
made or placed betwecn the Towing Paths and the Waterways
or
Kavigation,
but
a clear Passage shall be left open for the fiee and
uiiinterrupted Towage of Vessels, Barges, and Boats along the said
River
as
herctofore
;
and
the Company shall make, erect,
and
place
proper and suffcieiit Fences on the outward Side of such Towing
Paths, and shall also niake convenient Approaches to
such
Towing
Paths and River,
in
lieu of any Ways or Approaches which may bc
stopped up or inteifered with by the making
of
such Branch Railways
or
either of them, and for such Purpose where necessary shall leave
Openings through or under such Branch Railways, and such Bridges
shnll be
so
constructed
as
that the Arches over such iiarigablc Parts
of the said lliver and over such Towing Paths shall
bc
ofa
Span
of'
not less than IWy Feet, measured at Right Angles with the said
River,
and
the Spring of such Archcs from the Piers shall
be
or
coni-
nience
at
least
Six
Feet above thc Level of the Towing Paths under
such Arches, whcn finished, and the Soffit of the Arches of
such
Bridges shall be Eightccn Feet
at
the least above the Surfhce Watcr-
level of the Crown
of
the first Dam
in
the said River next
1)elow
each
such
Bridge; and the Company shall and they are hereby required
fiom
Time to Time and at all Times for ever to maintain in completc
Repair, and when necessary rebuild and restore and maintain, all and
every
of
such several and respective Works aforesaid
;
and tlie niaking
of all and every of the several and respective Works aforesaid,
and
the Repairs, rebuilding, Restoration, and Maintenance thcrcof, shall be
made and completed
to
the reasonable Satisfaction
of
the Ihgineer
of'
the Company
of
Proprietors of the
Caller
nnd
Nebble
Navigation, but
at the sole Cost and Charges
of
the Railway Company.
LXII.
And in order that during the Erection or Construction
of
the
Bridges, Towing Paths,
and
Works
by
this Act authorized or directed
10
to
prevent-
ing
ObStl
LIC-
tion
during
9"
&
10'
VICTORIZ,
Cup.cccvi.
to
be made or constructed over or in the River
CdtZey,
or the Canal,
the Ercctioll
&ilks, and Towing Paths belonging to the Company of Proprietors
of
\York
of the
Culder
and
Hebble
Savigation, and during any Repairs or re-
a
certflln
building or restoring of any such Bridgcs, Towing Paths, or Works,
]Tater\\
ay
110
Obstruction shall be occasioned to the Passage of Vessels, Barges,
and
Tolying
and Boats along the snit1 Riwr or Canal, or
to
the Passage of the
~~'l,P~e
Towing Horses along the respective Towing Paths, or to the Use of
the Towing Tacltle along the Banks of the said River and Canal, the
Coinpany shall and they are hereby required, at all Tiines during the
Erection or Construction, or Itepairs, rebidding, or Restoration afore-
said, to leave, provide, and maintain
a
clcar, frce, open, and uninter-
rupted navigable Waterway
of
not less Width than Twenty-five Feet
in the navigable Part of the said River and in the said Canal, and also
a
clear Height above the Suiface
of
the Water sufficient for the free
Passage
of
Vessels, Barges, and Boats along thc navigalk Part of the
said River
and
along the said
Canal,
and
also
a
free and uninterrupted
Passage for Towing Horses and Towing Tackle along the Towing
Paths of the said River and Canal,
of
not
less Width than Five
Feet,
and the same shall be done
to
the reasonable Satisfaction of the
Engineer of the said Company
of
Proprietors
of
the
C'ctlder
and
Hebble
Navigation, but at the sole Costs and Charges
of
the Railway
Conipany.
W);llr
LXIII.
-4nd bc it enacted, That if by reason and in esccution
of
In
cnac
01
any
of
the Works by this Act authorized or required to be made,
Obstructioll
or by reason of the bad State of Repair
of
any such Works
or
of
and
the said Bridges or any
of
them, or if
by
any Act or Oinission of the
xavigation,
Railway Company, or any of their Agents, Servants, or Workmen,
Railway
the
Cnlder
(2nd
Hebble
Xavigation or the Towing Paths thereof shall
Con'Pany
tC
pay
the
be
so
obstructed
as
that Boats, Barges, or other Vesscls navigating
or
using the same cannot pass or shall be impedccl in the Passage
along the same, or in case the Space under the said Bridges
or
any of them shall be at any Time contracted,
so
as to be less in
Width
or
Height than is herein-before prescribed, then and
in
any
of
the
said
Cases the Railway Company shall forfeit and pay
to
the
Company of Proprietors of the
Ccilder
(112~1
Hcbble
Navigation, as or
by
way
of
ascertained Damages, the Sum
of
Fifty Pounds for every
Day not exceeding Fourteen Days, and
so
in proportion for any less
Time than
a
Day, during which the said Obstruction shall continue
on the said Navigation, and in default
of
Payment of the said Sum
or such Proportion thereof
as
shall become due, on demand made
by or on behalf of the said Company of Proprietors to the Scerctary
or Treasurer of the Railway Company, the said Company
of'
Pro-
prietors of the
Culder
crnd
Hebble
Navigation niay
SLW
for and recover
the same, together with full Costs of Suit, fiom thc Itailway Com-
pany, by Action of Debt or on the Case in any
of
Her Majesty's
Courts
of
Record at
?Vestmi,ister;
and in case the said Bridges
over the said
Colder
ancl
Hebble
Xavigation, or the said Bridge over
the
said
Canal, or the Approaches, Side Slope,,
G
or Banks of the said
Railway next to the said Canal
or
River Navigation, or any of tliem,
Or
any Part or Parts thereof respectivcly, shall need Repair or
shall
not
be
kept in good and substantial Repair, and if the Railway Coin-
Pany shall not within Three
Days
after Notice
in
Writing
of
any
want
of'
the
Calcler
5644
Difibrencc
of‘
Opinion
rcslm
ti
ng
E
sec
uti
on
of
certain
\Vorks
to
be
settled
by
/Irbitrntioll.
Yo
CSL
10”
VICTORIX,
Ccp
cccvi.
Want of such Repair, Fiven unto their Clerk or Secretary by the
Clerk or principal Engineer of the said Company of Proprietors
of
the
Chldei.
a72d
Hebble
Navigation, and requiring such Repairs to
be
forthwith made and completed, proceed to make and complete with
all reasonable Despatch the Repairs
so
required,
or,
in case
of
any
pressing Urgency, then it shall be lawful for the said Company
of
Proprietors of the
Ccrlder
nnd
Hebble
Navigation, or their Engineer
or Workmen, to make and complete the needful Repairs, and to
recover the Amount
of
the Expeiices thereof from the Railiyay
Coiiipany, by Action of Debt or on the Case, with full Costs of
Suit, in any of Her Majesty’s Courts
of
Record at
Westminsfer;
prcwided
also,
that nothing hercin contained shall extend
to
prevent
the said Company of Proprietors
of
the
Colder
Etnd
Hebble
Naviption
from recovering against the Railway Company any spccial Damages
that may be sustained
by
them on account
of
the Acts and Defaults
of the said Itailway Company, or in respect
of
which Penalties are
by
this Act
imposcd,
beyond the Amount of such Penalty or Penal-
tics,
and
they are hereby authorized to sue for and recover such
special 1)ainagcs accordingly
;
but in every Case where the Penalty
or l’cnaltics herein-before imposed shall have been paid by the Rail-
way Company, aiid any Action for special Damages shall be brought
as
abovc..mentioiied, then thc Penalty
or
Penalties
so
paid shall
be
dceiiicd aiid considered
as
l’ayments
on
account of such special
Damages, and Credit shall be given by the Court before whom such
Action shall be tried for any
Sum
or Sums
of
Money
so
paid by
thc Railway Company, and the same shall be deducted from the
Amount
of
Damages to be recovered by the said Company
of
Proprietors of thc
Colder
nnd Hebble
Navigation; and in case the
Ainount of Damages recovered
shall
not exceed the Sum or Sums
so
paid, then aiid in
such
Case Judgment shall be given for the
Itailmy Company,
and
no Action shall be maintained by the said
Company
of
Proprietors
of
the
Colder
and
Hebble
Navigation against
the lZailway Company for the Recovery of any such Penalty or
l’cnaltics, aftcr Judgment shall have been obtained by them for any
special
I)amage
in rcspcct of the Act or Acts for which such Penalty
or
Penalties would have been recoverable
;
provided also, that
in
case, by any Writing under the Common Seal
of
the said Company
of Proprictors, any Liability of the Railway Company to any Penalty,
Action,
or
Suit in respect
of
any of the Matters aforesaid shall be
consented by the said Company of Proprietors to be remitted, dis-
charged, annulled,
or
abandoned by them, then the Itailway Corn-
pany shall no longer be
liable
undcr this Act to any such l’enalty,
,Action, or Suit, or other Matter or Thing
so
consented to be remitted,
discharged, annulled,
or
abandoned.
LXIV.
Provided always, and be
it
enacted, That if in any or either
of
the
Cases
aforesaid where
any
Works are directed to be made,
done, or executed
to
the Satisfaction of the Engineer of the
Com-
pany of Pro rietors
of
the
Colder
and Hebble
Navigation, any
Engineer of the Railway Conipany in respect
of
the Mode of con-
structing, erecting, making, or doing any of such Works, or the Pro-
pricty or Convenience thereof, or the satisfktory Esccution
of
any
of
Difference
o
P
Opinion shall arise between such Engineer and the
9"
&
10"
VIC?'ORI2E,
Capcccvi.
5645
of
the several or respective Rlatters aforesaid, then such Difference
of Opinion between such respective Engineers shall be settled by
Arbitration according to the Method provided by the Railways Clauses
Consolidation Act,
1545,
with respect to the Settlement of Disputes
by
Arbitration, provided that the Persons to be proposed in pur-
suance thereof
to
act
as
Arbitrators or Umpires, and
so
acting, shall be
Engineers.
LXV. Provided always, and
be
it enacted, That it shall be lawful
Compan~
for the Railway Company, with the Consent of the Company of Pro-
Works
prietors of the
Cnlder
ancl
Hebble
Na\-ig.ntion, in Ivriting under
affecting
the
their Common Seal, to construct or make the said Bridges or any
said
Naviga-
of them, aid the Towing Paths or any or either of the Works herein-
tion
before mentioned in connexion with the Navigation of the Rivers
Consent.
Colder
and
HeCbZe,
or the said Canal,
Banks,
Towing Paths, and
Works, any or either
of
them,
of
any other Dimensions or in any
other Manner than is hereill-before specified, and also to make any
other Works instead thereof or instead of Parts thereof, which shall
equally or better tend to promote the niutual Advantage of the said
Company of Proprietors and the said Railway Company.
may vary
LXVI. And whereas it is expedient that sufficient Branches, Com-
Provitiing
munications, Sidings, Lyebys, Staiths, Erections, and other Works
for Cmm
11-
should be inade for the Conveyance and Transfer of Animals, Goods,
~~~~es
Minerals, and other Articles fiom and to the Third and Fifth
of
the
Calde,.
and
said Branch Itailways respective1-j- hereby authorized to be niadc to
Hebble
and from the
Ctrldw
md
Hebble
Navigation, and also for the loading,
Savigatioll-
unloading,. and temporary Deposit and Security of such Animals,
Goods, Minerals, and Articles, for the Purpose of or in order
to
such
Conveyance or Transfer thereof
as
aforesaid
;
be it therefore enacted,
That all such Branches, Communications, Sidings, Lyebys, Staiths,
Erections, and other Works
as
shall be necessary for the safe and
convenient Conveyance and Transfer of Animals, Goods, Minerals,
and other Articles from or to the Third and Fifth respectively of
the said Branch Railways hereby authorized to be made to or fiom
the
said
Calder
and
Hebble
Navigation, inimediately adjoining to thc
Places where the same several Branch Itailways shall have been
carried over or across the same Navigation, and also for the con-
venien
t
loading, unloading, and temporary Deposit and Security
of
such Animals, Goods, Minerals, and Articles for the Purpose of or
in order to such Conveyance or Transfer thereof
as
aforesaid, shall
be
made and completed by and at the Expencc of the said
Mm-
chester
and
Leeds
Railway Company, before such Part of the same
several Branch Railways respectively
as
shall cross or be intended
to
cross the same Navigation shall have been opened for Traffic,
and shall for ever thereafter be maintained and kept in repair
by
and at the Expence
of
the same Railway Company, and the Number,
Nature, Extent, Position, Situation, Formation, and Dimensions
of'
all such Branches, Communications, Sidings, Lyebys, Staiths, Ercc-
tions, and Works respectively, and the Manner in which the samc
shall
be
constructed, and the Materials to be used therein, and thc
Sufficiency
of
the Construction and Execution of the same, shall
in
respect be determined upon by an Engineer,
to
be mutually
[Local.]
[62
11
agreed
5646'
9"
&
10"
VICTORIE,
Cup.
cccvi.
agreed upon aiid appointed
by
the same Railway Company and thc
Proprietors
of
the
Calder and Hebbke
Navigation, or their respective
Directors or managing Committees, and in case they shall not agree
in the Appointment
of
such Engineer, then such Engineer shall be
appointed by the Recorder of
Leeds
for the Time bcing
by
Writing
under his Hand
;
provided that no Animals, Goods, Minerals, or
Articles
as
aforesaid shall be permitted to remain on any of the said
Branches, Commnimications, Sidings, Lyebys, Staiths, Erections, or
other Works for more than Six Hours beyond tlie Time necessary
for the loading
or
unloading thereof.
-4s
to
Tolls
LXVII.
And
be
it
enacted, That tlie said Railway Company shall
~l~~~e{~~-
not be entitled to charge or receive any larger Sum for Tonnagc
gation.
or Tolls
per
Ton
per
Mile on
any
Part
of
the same several Branch
lXailwaj-s,
or othcr larger Chargcs, or any Charge whatsoever
of
a
different Description or Denomination, for or in respect of any
Animals,
Goods,
Minerals, or Articles which shall have been or
shall be intended to
be
conT-eyed on any Part or Parts of the
Aii-t:
cind
Cnl(Zei*
Navigation, or the Cuts or Canals belonging thereto,
than the average Rate which they are for the Time being actually
and
bouci
$de
charging and receiving for Tonnage, Tolls, or other
Charges
011
similar Animals, Goods, Minerals, or Articles convcyed
for like Distanccs on other Parts of the
same
several Branch Rail-
ways
which shall not have been and shall not bc intended to bc
conveycd upon the said Navigation or any Parts or Part thereof.
Itailways
to
bc
subject
to Provisions
of
1
&
2
Vict.
c. 98.,
3fi-
4
Wct.
c.
97.,
.?
R-
G
Vict.
c.55,
and
7
fi.
8
vict.
C.
8.5.
LXVIII.
Ancl whereas an Act was passed in the Second Year of thc
Reign of Her present Majesty, iiitituled
An
Act
to
provide
for
the
Conuey!yctnce
of
the
Jltrils
hsy
Rciilwuy;
and another Act was passed in
the Fourth Year
of
Her said Majcsty, iiitituled
An
Act.for ?.eguluting
Raikmys;
aiid another Act
was
passed
in
the Sixth Year of the
Reign
of
Hcr said M,zjcsty, iiitituled
An
Act
for
the
better BeguZntion
of
Iiuihtys, and-
for
tlie Conuyance
of
Troop;
and another Act
was
passed
izi
the Eighth Year of tlie Reign
of
Her said Majesty, intitulcd
An
Act to ttttncli certnisz
ComMons
to
the
Construction
qf
$itzire
Railxnys mitliorized
01'
to
be
nuthoi*izcd
bjj
my
Act of the preseiit
or
succeeding
Sessions
of
PadinmeTit
;
find
for
other Purposes
in
relation
fo
R(ti/ir/iys;
bc it enaolted, That nothing in this Act containcd shall
lie
held
to
exempt the said Branch Railwajs or the said Company
from the Provisions of the said several Acts respectively, but that
such Provisions shall be in force in respect to thc said Railways
and
Company,
so
far
as
thc same shall be applicable thereto.
Ilaili=v
to
LXIX.
And
be
it
enacted, That nothing herein contained shall
besubject
to
be
deeiiied
or
construed to exempt the Itailways by this or the &id
Provisions of
future
recited Acts authorized to
be
made from the Provisions of any general
general
Act.
Act relating to Itailways, which may hereafter
pass
during thc present
or any future Session
of
Parliatiient or from any future Rcvision and
Alteration, under the Authority
of
Parliament, of the maximum Rates
of
Fares and Charges authorized
by
this Act.
Espences
of
Act.
LXX.
And
be it enacted, That all Costs, Charges, and Expences
incident to and attending the obtaining and passing this
,4ct
shall
be
4
9”
&
10”
VICTORIA%,
Cl;rli.cccvi.
5647
LXXI.
Aiid
be
it enacted, That in this Act
the
following
Words
Iiiterpreta-
and
Expressions shall have the several
Afeanings
licrcby
nssigiicd
to
tion
of‘
Act.
them, unless there
be
something in
the
Subject
or
Context rcpupant
to such Construction
;
(that is
to
say,)
Words
importing the
Singular
Nuniber
>hdl include
the
l’lnrnl
Nuinber, and
Words
hiporting
the
1’1urnl
Sruiibcr
flinll
i:iclidcb
the Singular
Nuniber
:
Words
importing the Masculiiie Gender
shall
include 1:cwalc~~
:
The Expression
the Company,” shall
mean
tlic
Ai‘u~zcl~rs~~r
U)/(/
Leeds
Railway
Company.
LXXII.
And
be
it enacted,
That
this
Act
hall
l)c
a
Public
Act,
Public
A(tt.
md
shall
bc
judicially taken notice
of‘
ns
sucli.
Lornox
:
Printed by
GEORGE
E.
EYRE
and
I\’ILLIAX
SIJOTTISKOODI:.
Printer?
to
the
Queen’s
moqt
Escellcnt
Jlajcstv.
1
S!6.

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