Manchester Gas and Improvement Act 1830

Publication Date:January 01, 1830
 
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Manchester Gas and Improvement Act 1830

(11 Geo. 4 & 1 Will. 4) c. xlvii

An Act for amend several Acts for supplying the Town of Manchester with Gas, and for regulating and improving the same Town.

[29 May 1830]

ANNO UNDECIMO GEORGII IV. REGIS. **************************************************** Cap. xlvii. An Act to amend several Acts for supplying the Town of Manchester with Gas, and for regulating and improving the same Town. [29th May 1830.] W HEREAS an Act was passed in the Thirty-second Year of the Reign of His late Majesty King George the Third, intituled An Act for cleansing, lighting, 'watching, and 32G.S.c,69. regulating the Streets, Lanes, Passages, and Places within the Towns of Manchester and Salf'ord in the County Palatine of Lancaster; for widening and rendering more commodious several of the said Streets, Lanes, and Passages; and for other Purposes therein mentioned: And whereas another Act was passed in the Fifth Year of the Reign of His present Majesty King George the Fourth, intituled An Act for belter lighting with Gas the Town of Manchester in the SG.4.c. 133. County Palatine of Lancaster: And whereas another Act was passed in the Ninth Year of the Reign of His said present Majesty, inti tuled An Act to amend several Acts for cleansing, lighting, watching, 9G.4. c.117. improving, and regulating the Towns of Manchester and Salfbrd in the County Palatine of Lancaster: And whereas the Directors acting in execution of the said second recited Act, and pursuant to the Authority therein in that Behalf contained, have raised the Sum of Thirty-five thousand Pounds, and have expended such Sum for the Purposes of the same Act, and are thereby enabled to afford and dp afford a considerable Supply of Gas within and for the said Town of Manchester and the Neighbourhood and Environs thereof, as intended. \Local~\ 12 K by 1050 llGEORGII IV. Cap.xhil by the said last mentioned. Act: And whereas by the extended Use of Gas both publicly and privately, and the increased and constantly increasing Demand for the same within the Limits aforesaid, a larger Supply of Gas has become requisite, and further Expence has been incurred, and is still necessary, to enable the said Directors to supply the Demands aforesaid, and to accomplish fully the Purposes of the said second recited Act: And whereas the better to enable the said Directors to repay the Monies they have already raised and expended, and to meet such further Expence as aforesaid, it is expedient that they should be authorized to raise a further Sum of Money, and that certain of the Provisions in the said second recited Act in other respects contained should be amended: And whereas some of the Provisions in the said nrst and third recited Acts contained, so far as they relate to the said Town of Manchester, are found defective and inconvenient in Practice,. and amended Provisions are desirable in lieu thereof; and several few and additional Provisions have become requisite, as well with respect to the lighting, cleansing, watching, paving, and otherwise regulating and improving the said Town of Manchester, as also for better laying and recovering the Rates to be for those Purposes raised therein ; but the said several Objects cannot be effected without the Aid of Parliament: May it therefore please Your Majesty that it may be enacted j and be it enacted by the King'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, Extending That all the Powers, Authorities, Provisions, Regulations, Directions* the Pro- Privileges, Penalties, Forfeitures, Restrictions, Matters, and Things SG?4!ci33. whatsoever, contained in the said second recited Act, to be executed and 9 G. 4.. ' and carried into Effect by the Directors now acting in execution c. 117. to this thereof, and to be hereafter from Time to Time appointed according Act* to the sald'second and third recited Acts, except so far as the same are altered or varied by the said third recited Act and this Act, shall extend and be construed to extend to, and operate and be in force for the Purposes of this Act, as fully and effectually to all Intents and Purposes as if the same and every Part thereof were repeated and re-enacted in .this Act, and were made Part thereof; and the said second and third recited Acts and this Act shall, as to the said Gas Works, and all Matters and Things whatsoever connected therewith, except as aforesaid, be construed as One Act. Power to II. And be it further enacted, That it shall and may be lawful for further Sum tne saic* I 'rectors to borrow and take up at Interest, in addition to not exceed- tne Money which they were authorized and empowered to raise by ing 25,000/. and under the said second recited Act, any Sum or Sums of Money, and in such Proportions as they shall think fit, not exceeding in the whole the further Sum of Twenty-five thousand Pounds ; which said further Sum or Sums, and every Part thereof, when raised, shall be laid out in Carrying into Execution the several Purposes expressed and contained in the said second recited Act and this Act relative to the said Gas Works and every Matter connected therewith ; and the Person or Persons who shall lend or advance such further Sum, or any Part thereof, and receive a Mortgage or Mortgages in the "Form or to the Effect in the said second recited Act mentioned or contained, lFGEORGII IV." Cap.xhu. 1051 tained, and his, her, or their Executors, Administrators, and Assigns, and the Person or Persons who shall have lent and advanced the said former Sum, or any Part thereof, and received a Mortgage or Mortgages as aforesaid, and his, her, and their Executors, Administrators, and Assigns, shall respectively be entitled to, and have, hold, receive, take, and enjoy, the said Works and theProperty and Effects thereofjand the Rents, Profits, and Monies arising therefrom, in the Proportions which the Sum and Sums of Money advanced and lent by the said several Persons respectively do and shall bear to the whole Sum at any Time or Times borrowed on the Credit thereof by virtue of the said second recited Act and this Act; and all and every the Persons and Person whosoever who shall advance any such further Sum or Sums as aforesaid, and their respective Executors, Administrators, and Assigns, shall have the same Powers, Authorities, and Privileges, and shall be subject to the same Provisions and Regulations, as are contained in the said second recited Act, in all respects as if they were or had been respectively Lenders of Money under the same, except as such Powers, Authorities, Privileges, Provisions, and Regulations, or any of them, are altered by this Act. III. And be it further enacted, That from and after the passing Recovery of of this Act so much, and such Part of the said second recited Act ^as Rents' as relates to the Recovery by the Directors therein mentioned of the Sum or Sums of Money due from any Person or Persons contracting or agreeing to take or using or enjoying the Benefit of Gas in their private Dwellings, Shops, Inns, Warehouses, or other public or private Buildings or Manufactories, shall be and the same is hereby repealed ; and thenceforth in case any Person or Persons who shall contract with the said Directors, or agree to take, or shall use or enjoy, or who shall have contracted for, agreed to take, or used or enjoyed, the Benefit of Gas in their private Dwellings, Shops, Inns, Warehouses, or other public or private Buildings or Manufactories, shall refuse or neglect for the Space of Ten Days after personal Demand, or Demand in Writing left at the Place of Abode or Business of such Person or Persons, to pay the Sum or Sums of Money, Rent or Rents due for the same, to the said Directors, their Treasurer, Collector, or other Person duly authorized in that Behalf, such Sum or Sums of Money, Rent or Rents, shall be levied and recovered upon and from all and every the Persons and Person so refusing or neglecting, by Distress and Sale of their, his, or her Goods and Chattels, by Warrant under the Hand and Seal of any one Justice of the Peace acting in and for the said County of Lancaster, wheresoever such Goods and Chattels may be, within the same County, rendering the Overplus, if any, of the Monies to be raised by such Distress and Sale, on Demand, to the Owner or Owners of such Goods and Chattels, together with what may remain unsold, after the necessary Charges of making such Distress and Sale shall be first deducted ; and such Warrant may include One or more Persons, and shall be in the Form or to the Effect herein prescribed for the Recovery of Rates, mutatis mutandis, or such Sum or Sums, Rent or Rents, with full Costs of Suit, may be recovered in any of His Majesty's Courts of Record at Westminster, or in the Court of Common Pleas for the County of Lancaster, by Action of Debt or on the Case, Bill, Plaint, or Information, wherein no 1052 llGEORGII IV. Ca^.xlvii. no Essoign, Protection, or Wager of Law, or more than One Imparlance, shall be allowed. So much of IV. And be it further enacted, That from and after the passing of SG.4.C.133. this Act, such Part of the said second recited Act as relates to the as relates to paying off* and discharging the Principal Monies due on any Assign-offS^curifies ments and Securities granted under the Authority of such Act, and repealed,and which Part is in the Words following; videlicet, " and in the next new Powers place in paying off and discharging the Principal Monies due on any granted. Assignments and Securities granted under the Authority of this Act, such Payments to be made rateably amongst all the Holders of such Assignments and Securities after the Rate of Five Pounds per Centum per Annum on the Amount of the Principal Sum mentioned in each Assignment or Security, and thereby secured: Provided always, that it shall be lawful for the...

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