Monmouth Water Act 1816
| Jurisdiction | UK Non-devolved |
| Citation | 1816 c. lxxxv |
| Year | 1816 |
ANNO QUINQUAGESIMO SEXTO
GEORGII III. REGIS.
ilnt*A^ &. &'&,.•*.& tit. •&,
tit-
•&,
?if.&.
&.&-&-&-&•&• &-&• A A.i'.AJH^A
tiLM.
**
A Tlftrito ^f i'if
i ^ifi
flft i^f.
.*lfi
"it,
*&,&,& •it.flk
C#p.
lxxxv.
An Act for altering and amending an Act made in
the Fifty-second Year of His present Majesty, for
making a Canal from the Grand Junction Canal in
the Parish of Paddington, to the River Thames in
the Parish of Limehouse. [2d July 1816.]
HEREAS an Act was passed in the Fifty-second Year of the
Reign of His present Majesty, intituled An Act for making and S2G-i-cl95'
maintaining a navigable Canal from the Grand
Junction
Canal in
the Parish o/Taddington, to the'River Thames in the Parish of Limehouse,
with a
Collateral
Cut in the Parish of Saint Leonard Shoreditch, in the
County of Middlesex, whereby certain Persons and their Successors were
incorporated by the Name of the Company of Proprietors of the Regent's
Canal, and were thereby empowered to make and maintain the said Canal,
and to raise and contribute among themselves, for the Purposes of the said
Act, a competent Sum of Money, not exceeding the Sum of Three
hundred thousand Pounds in the whole, except as therein is mentioned ;
and in case the said Sum of Three hundred thousand Pounds should at
any Time be found insufficient for the Purposes of the said Act, the
said Company of Proprietors were'also authorized to raise a further Sum
of Money, not exceeding the Sum of One hundred thousand Pounds,
in Manner therein mentioned: And whereas the said Company of Proprie-,
tors have proceeded in the making of the said Canal, and it is necessary
that the said'Company should have Authority to raise a further Sum of
Money for the Completion of the same, and that some of the Powers;
\JLocal.~] ioT . Clauses,
W
1834 56°GEORGII III. CapAxxxv.
Clauses, and Provisions of the. said Act should be altered and amended:
May it therefore please1 Your Majesty that it may be enacted ; 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
Powertoraise this present Parliament assembled, and by the Authority of the same, That
an additional it shall and may be lawful for the said Company of Proprietors, and they
are hereby authorized and empowered, to faiSe the further Sum of Two
hundred thousand Pounds in Manner herein-after mentioned, or by all
or any or either of the Ways or Means by which the said Company are
authorized to raise any Money by virtue of the said recited Act.
Sum of
Money
Money may
be raised
among the
Proprietors,
or by new
Subscription,
Half Shares
may be
created.
Money may
be raised by
Mortgage:
II.
And be it further enacted, That it shall and may be lawful to and
for the said Company of Proprietors, in case they or their General Com-
mittee shall deem it meet and expedient, to raise the said Sum, or any Part
thereof,
either among themselves the said Company, or by the Admission
of new Subscribers; and every Person or Persons, Body or Bodies Politic,
Corporate, or Collegiate, subscribing towards raising such further Sum of
Money, shall be a Proprietor or Proprietors in the said Undertaking, and
shall have a like Vote by
himself,
herself,
or themselves, or his, her, or
their Proxy or Proxies, in respect of every Share of the said additional Sum
hereby authorized to be iaisedj and shall also stand interested in all the
Profits of the said Undertaking in proportion to such Sum as he, she, or
they may subscribe thereunto, and shall be liable to such Forfeiture or For-
feitures, Penalty or Penalties, as are in the said Act in certain Cases pro-
vided to take place, and shall to all Intents and Purposes whatever be as
fully and effectually a Member or Members of the said Company as the
Proprietors of Shares in the Capital Stock of the said Company-now are.
III."
And be it further enacted, That it shall and may be lawful for the
said Company of Proprietors, or their General Committee for the Time
beings to raise the said Sum of Two hundred thousand Pounds, or such Part
or Parts thereof
as
they shall from Time to Time think fit, by creating Half
Shares of Fifty Pounds each, and disposing of the same to such Person or
Persons, and at such Price or Prices, as to the said Company of Proprietors
shall from Time to Time seem meet and convenient, or by such othef
Ways and Means as the said Company of Proprietors shall from Time to
Time think expedient or necessary for that Purpose ; and that the respec-
tive Proprietors of any Half Shares which shall or may be created by virtue
of this Act shall be entitled to such and the same Powers, Privileges, and
Advantages, and be liable to such and the same Restrictions> Penalties, Con-
ditions, and Forfeitures, as if the same were Part of the Shares already
created, and now vested in the several and respective Proprietors of the said
Regent's Canal j and the Admission of every Person to any such Half
Shares by any Order or Resolution of the said Company of Proprietors,
or their General Committee for the Time being, shall be good and effect
tu'al Titles to such Person or Persons, and his, her, or their respective Exe-
cutors and Administrators, on his, her* or their Payment to the said Com-
pany of the Purchase Money or Price agreed for the same: Provided always,,
that for the Purposes of voting at any such General or other Assembly,.
••Two such Half Shares shall be considered as One entire Share.
IV. Provided always, and be it further enacted, That it shall and may
be lawful tb and for the said Company of Proprietors, or their General
11 Committee;
56°GEORGII III. Cap.hnxr. 1835
Committee, to raise all or any Part of the said Sum of Two hundred thou-
sand Pounds hereby authorized to be raised by Mortgage of the said Un-
dertaking, in Manner by the said recited Act provided
• iri>
respect of the
further Sum of One hundred thousand Pounds thereby authorized to be
raised.
V. And be it further enacted, That in case the said Company, or their Or by An-
General Committee, shall think it most advisable and proper to raise the nuities-
several Sums of Money authorized to be raised by the said recited Act
and by this Act, or any Part or Parts
thereof,
by granting Annuities,
payable out of the Rates and Tolls and other Revenue, or out of the
Monies to be raised by virtue of the said recited Act or of this Act, then
and in every such Case it shall and may be lawful to and for the said
Company to raise any such Sum by the granting of any such Annuity or An-
nuities as aforesaid, redeemable or otherwise, to or for the Use of the Person
or Persons who shall contribute, advance, or pay into the Hands of the
Treasurer or Treasurers to the said Company any Sum or Sums of Money.
for the absolute Purchase of any such Annuity or Annuities, to be.paid and
payable for any Term or Number of Years, or for or during the natural
Life of any such Contributor, or such other Person as shall be riominated
by or on behalf of such Contributor, at the Time of Payment of his or
her Contribution and Purchase Money, and either with or without Benefit
of Survivorship, and redeemable upon such Terms and Conditions as shall be
agreed upon ; and the said Company are hereby authorized and empowered
to grant all and every such Annuity or Annuities, so to be purchased as
aforesaid, out of the Rates and Tolls or other Revenue of the said Under*
taking, or out of the Monies to be raised by virtue of the said recited Act.
Of of this Act, to the Person or Persons who shall agree to purchase the
same, or to his, her, or their Trustee or Trustees.
VI.
And be it further enacted, That the Grant of every such Annuity
as aforesaid shall be by Deed, under the Common Seal of the said Com-
pany, and may be according to the Form or to the Effect following j
(that is to say),
* XVE, the Company of Proprietors of the Regent's Canal, in con.- Form of
*• sideration of the Sum of , to us paid
Grant
of An*
' by A. B. of [or if intended
to
be granted nuity-
* with Benefit of Survivorship, by E. F. G. H. &c-3 do hereby, by virtue
' of the Act of Parliament passed in the Fifty-sixth Year of the Reign of
* King
George
the Third, intituled [here insert the Title ofthisAcQ grant
* unto the said A. B. and his [or her] Assigns [or if
by
Survivorship, unto
1 the said E. F. G. H. he. and to the Survivors and Survivor of them}
' One Annuity or Yearly Sum of to be
* issuing out of all and singular the Rates and Tolls arising by virtue of an
* Act of Parliament made in the Year of the Reign of
' His said Majesty, intituled [set forth the Title of
the
said recited Act])
and
* also the said first-mentioned Act, and of all other the Revenue of the
' said Company, to hold unto the said A.
B>
his [or
her~]
Executors, Admi-
* nistrators, and Assigns, for the Term of Years [or
* as the
Case may be~]
to hold unto the said A. B. and his [or her J Assigns,
« during his
[or
herj natural Life, or to hold unto the said A. B. his [or her]
* Executors, Administrators, and Assigns, for and during the natural Life
of
1836 56°GEORGII III. Cop.lxxxv.
« of C. D.
or
if
by
Survivorship, unto and amongst them the said E. F. G. H.
«. &c. and the Survivors and Survivor [of them], and such Annuity or
* Yearly Sum shall be paid and payable at upon
* the Day of yearly ; and the first
* Payment thereof to be made on the Day of
' [here insert the Terms and
Conditions
(if any)
upon
which such Annuities
* shall be
redeemable"}.
Given under our Common Seal, this .
* Day of • , in the Year of our Lord One thousand eight
« hundred and
And any such Grant shall be good, valid, and effectual in
Law.
to
all Intents
and Purposes whatsoever, without any Enrolment or Registry of the Me-
morial thereof in the High Court of Chancery or elsewhere, except as
herein-after mentioned, any Law or Statute to the contrary thereof in any-
wise notwithstanding; and all the Grantees of such Annuities shall be
equally entitled one with another, and with the Persons to] whom any
Money shall be due on any Mortgage of the said Undertaking, to the Rates
and Property thereby assigned, in proportion to the Interest of the Sum or
. Sums for which such Annuities shall have been granted, without any Pre-
ference by reason of the Priority of Date of any such Mortgage or Grant of
Annuity, or on any account whatsoever ; and an Entry or Memorial of
every such Grant of Annuity, containing the Date
thereof,
and an Account'
of the Name or Names of the Party or Parties to whom the same shall have
been made, with their respective proper Additions, and of the Considera-
tion of such Grant, and of the Annuity granted, and the Duration
thereof,
shall, within Twenty-one Days next after the Date
thereof,
be written and
inserted in a Book to be kept for that Purpose by the Clerk of the said
Company ; and all and every Person and Persons to whom any such Grant
shall have been made, or who shall be entitled to the Annuity thereby
secured, may from Time to Time assign or transfer his, her, or their Right
and Title therein to any Person or Persons in the Form or to the Effect
following ; (that is to say),
f T A. B. of in consideration of the Sum of
' to me paid by [C. D. of ] do hereby trans.
' fer unto the said
C.
D. a certain Grant made by the Company of Proprie-
* tors of the Regent's Canal, bearing Date the Day of
' of an Annuity of payable [here
"insert
* the Duration \of the Annuity], and all my Right, Title, and Interest in
' and to the said Annuity thereby secured, to hold the same unto the said
'CD. his [or her] Executors, Administrators, and Assigns. In witness
.* whereof I have hereunto set my Hand and Seal, this Day
* of in the Year of our Lord One thousand eight hundred
* and
And every such Transfer shall, within Twenty-one Days after the Date
thereof,
be produced and notified to the Clerk of the said Company, who
shall thereupon cause an Entry or Memorial to be made thereof in the said
Book, containing the Date and Names of the Parties, and the Annuity or
Annuities thereby transferred, for which Entry such Clerk shall be paid the
Sum of Two Shillings and Sixpence, and no more; and, after such Entry
made, every such Assignment shall entitle such Assignee or Assignees, his>
Her, or their Executors, Administrators, and Assigns, to the full Benefit
of the original Grant j and it shall not be in the Power of the Person or
Persons
56°GEORGII III, CapAxxxv. 1837
Persons who shall have made any such Transfer, at any Time afterwards
to make void, release* or discharge the said Annuity, or any Part
thereof";
and the said Annuities so to be granted as aforesaid shall be paid to the
several Persons entitled thereto* in preference to any Interest or Dividends
due and payable by virtue of the said recited Act to the said Corripanyi
VII.
Provided also, and be it further enacted* That it shall and may b£
lawful-to and for the said Company of Proprietors, and they are hereby
authorized and empowered* from Time to Time to grant unto their Trea-
surer or Clerk for the Time being any Bondor Bonds tinder the Common
Seal of the said Company of Proprietors, for the Sum of One hundred
Pounds on each Bond, with Interest for the same after the Rate of Five
Pounds per
Centum
per Annum, upon the Credit of the Tolls authorized to
be raised and collected by virtue of the said recited Actj (not exceeding in
the whole the Sum of Two hundred thousand Pounds);,
VIII. And be it further enacted, That it shall and may be lawful td and
for the Treasurer or Clerk for the Time being, by and with the Consent
and Direction of the said Company of Proprietors, to be given at any Ge-
nerator Special Meeting, from Tirrievto Time to make sale and dispose of
all or any of the said Bonds to be granted as aforesaid, either by Private
Contract or Public
Sale,
'to any Person or Persons whomsoever, for the best
Price or Prices in Money that caii be reasonably had or obtained for the
same*
IX; Provided also, and be it further enacted* That if the said derieral
Committee of the-said Company of Proprietors shalldeem it expedient, out
of any Funds of the said Company or otherwise, to buy up any ShaYes
which may be offered for Sale by any of the said Proprietors* then and in
Such Case it shall and may be lawful for the said General Committee either
to direct that any such Share so bought shall merge in the said Under-
taking, or that the same shall be transferred to the Chief Clerk of the said
Company* or such other Person or Persons as they may appoint, in Trust
for the said Company ; and such Shares may in such Case* at any "Time
thereafter, be sold for the Benefit of the said Company, and for the raising
jpf any Sum of Money which may be wanted for the Purpose of carrying
the said recited Act'or this Act into Execution;
Xs Provided-also* and be it further enacted, That it shall and may be-proprietors
lawful to and for arty Person or Persons* Body or Bodies Politic, Corporate, t0 have Prea
or Collegiate,'possessed of any Share or Shares in the Capital Stock of the ferencCi
Said Company, to accept and take any Number of such Shares as shall be
sold at a less Sum than One hundred Pounds per Share, in proportion to
the Number of original
Shares*
holderi by such Person, or Persons, Body
or Bodies Politic, Corporate, or Collegiate* as
he*
she, or they shall think
proper, within Twenty-one Days after Notice shall have been given in any
Two or. more of the London Newspapers, or in such other Manner as the
Said General Committee shall think proper, of the Intention to dispose of
such Shares in Manner aforesaid j and in default
thereof*
after the Expi-
ration: of the said Time, any other Person or Persons, Body or Bodies
Politic, Corporate* or Collegiate* possessed of any Share or Shares in the
said Undertaking, who shall make Application for any such- Shares at the
Place and within the Period to be limited and appointed by the said Ge-
[Local~\ 20 Z neral
Company
may grant
Bonds to
their Clerk
or Treasurer^
Power to sell
such Bonds;
Committee
may purchase
Shares;
1838
Shares unaer
former'Act
may be dis-
posed of.
56*
GEORGII III. Cap.lxxxv.
neral Committee for that Purpose, shall be entitled to any Number of such
Shares at such Rate or Value as shall be fixed by the said General Com-
mittee, pursuant to the Powers herein-before given for that Purpose ;
and in case any such Share or Shares shall remain undisposed of after
such Period, It shall and may be lawful to and for the said General Com-.
mit'tee to sell and dispose of the same to any Person or Persons whomso-
ever, Body or Bodies Politic, Corporate, or Collegiate, in such Mariner
and at such Price or Prices as they shall think proper and expedient.
XI.
Provided always, and.be it further enacted, That it shall and may
be lawful to and for the said General Committee of the said Company to
dispose of such of. the Shares authorized to be created in and by the said
recited Act as now remain unsold or unappropriated, and also the Shares
authorized to be created by this Act, or such Part or Parts thereof as they
may deem expedient, at and for such Price and Prices per Share, and to.
such Person or Persons, as the said General Committee shall from Time to
Tims think proper.
XII.
And be itfurther enacted, That if the said Company shall not raise1
the said Sum of Two hundred thousand Pounds hereby authorized to be
raised at one and the same Time, it shall be lawful for the said Company.
from Time to Time, as they shall think expedient, to
raise*
a further Part
or the Remainder of the said Sum of Two hundred thousand Pounds, by all,
any, or either of the Ways or Means by which the said Company are autho-
rized to raise any Money by virtue of the said recited Act or of this Act.
Money au- XIII. And be it further enacted, That if at the Time of passing this
thorized to Act the said Companyshall not have raised the full Sum of Four hundred,
formerAa th°usand Pounds authorized to be raised by the said recited Act, it shall
may be
raised be lawful for the said Company, in addition to such Sum or Sums as are.
in like herein-before authorized to be raised, to raise such further Sum as shall be
Manner. wanting of the said Four hundred thousand Pounds, in such and the like
Manner as is herein-before enacted with respect to the said Sum of Two*
hundred thousand Pounds, or any Part
thereof.
Power to
raise the
Money from
Time to
time.
Interest to be
paid on Calls. XlV. And be it further enacted, That it, shall and may be lawful to,
and for the General Committee of the said Company (with the Approba-
tion and Consent of the said Company, to be signified by a Majority of/
the said Proprietors at any General Assembly) to pay to the several Pro-
prietors of
Shares,
out of the Capital Stock or Funds of the said Company,
Interest at the Rate of Five Pounds per
Centum
per Annum upon the several
Sums of Money which have been heretofore or shall be hereafter paid
from Time to Time upon their respective Shares, by virtue of the Calls of
the said General Committee, to be estimated from the respective Times of
Payment at which- such several Sums of Money have been heretofore or
shall be hereafter paid.
iime ana Xv- And ^ if farther enacted, That so much of the said recited Ac?
Place of hold- as directs that certain General Assemblies shall be held at the Hour of
mg General Eleven in the Forenoon, shall be and the same is hereby repealed ; and
that the General Assemblies of the said Company shall be held at such
Times and Places as-the'said Company of Proprietors at their'preceding
General Assemblies shall from Time to Time direct and appoint:'. Pro-
ided
Time and
Assemblies.
56bGEORGII III, Otpdxkkv. 1839
vided always, that Fourteen Days previous Notice at
"the
least shall be given
by public Advertisement in any Two or more of the London Newspapers
of such General;Assemblies! and also'of the Times and Places as
aforesaid.
-
XVI. And be it further eiiacted, That the General Committee of the Cdmriiitug
said Company" shall and may appoint a Deputy Chairman, who shall be may appoint
chosen by and out df the said Comniitteej and who in the Absence of the nhaiW7
Chairman shall exercise the same Power's, and discharge the same Duties,
which- the Chairman might or Would have done had he been present;
XVII. Arid be it further enacted, That it Shall arid may be lawful td arid Company
for-the said Company, in the Name of their Chairman, Ddputy Chairrria'n, ma/
,pr??ei
.
Treasurer, or Clerk, to prosecute all and all Manner of Offences com-
^fr^jj"^,
mitted against the said Company, and to preter Bills ot'Indictment, or &c»
to proceed by Information against all and all Manner of Persons who may
be guilty of any Offence or Offences to the Prejudice of the said
Company*
tVItf.
Provided always, and be it farther' enacted, That it shall be
^^j1*
lawful to and for the said Company or their General Committee, from upJ
Time to Time absolutely to shut up the Towing Path belonging to the
«aid Canal or Collateral Cut, or any Part or Parts
thereof*
save and except
for the Purposes of the said Canal.
XIX*' And whereas in and by the said recited Act it is provided,
•
and ^Vlute*
thereby enacted, that nothing in the said Act contained should extend Landf of
or be construed to extend to authorize,or empower the said Company MnAgan
of Proprietors, or any other Person or Persons acting by or tinder their
Authority, in rnaking the said Canal and Towing Path through the Lands
and Grounds belonging to or in the Possession of
William
Agar Esquire,
in the Parish of Saint Pancras, to pursue any other. Line, than the Line
marked in the said Map'or- Plan on the North Erid and East Side of the
Grounds of the said William Agar, nor td deviate front SucH Line without
the Consent in Writing of the said William Agafi his Executors, Admi-
nistrators, or Assigns, br'the Owner or Owners, and Occupier or Occu-
piers of such Lands and Grounds for the Time being, first had and ob-»
tained for that Purpose.: And whereas Doubts have arisen which is the
true Line for the said Canal and Towing Path through the said Lands arid
Grounds of the said William Agar j now it is hereby enacted. That such
Line as- the said William Agar, his Heirs, Executors,- Administrators,
or Assigns, shall mark or set out' on the North End and East Side of the
Grounds of the said William Agar, shall be deemed and taken to be the
true Line for the said Canal and Towing Path and Slopes: Provided
•always, that in setting out the said Line of Canal such Curves as are
necessary to be formed in setting out the said Canal shall be so set out
that Barges of Seventy Feet in Length, exclusive of Rudders, shall be
enabled to navigate and turn with Facility in the general'Navigation
thereof:
Provided also, that the said William Agdr, his Heirs, Executors,
Administrators, or Assigns, shall set out the Line for the said Canal and
Towing Path before or within Two Calendar Months aftei* Notice in
Writing shall be delivered to him or them for that Purpose by the Clerk
of the said Company of Proprietors, if. the said William Agar shall be living
at the Expiration of:Two such Calendar Months;. but if the said Williatn
Agar
1840 56° GEORGII HI
Cap_,\xxxY.
Agar shall be dead at the Expiration of such Two Calendar Months, then
and in such Case the Heirs, Executors; Administrators', or Assigns of the
said William Agar, or some or one of them,' shall set out"the Line for
such Canal and Towing Path within the Space of Four Calendar Months
from the Time of such Notice being delivered to him or them : Provided
alsoj that if the said William Agar, his Heirs, Executors,'Administrators,
or Assigns* shall neglect or refuse.to set out a Line.for such Canal and
Towing Path within such respective Times as" aforqsaid, then and in
such Case it shall be lawful.for the Civil Engineer of the. said Company,
within One Month after the Expiration of such,respective Times, to.set out
a Line for" the said Canal and Towing Path on the North End and East
Side of; the said Grounds.of the said William Agar ; and
the:
Line.so.set out
by the said Civil Engineer shall be deemed aiid taken-to be thfe true Line
for the said Canal and Towing Path through the said, Grounds;of the said
William Agar*'
Land to be JX, Provided also, and ,it is hereby enacted, That the said Company
Four Calen- °^ Proprietors shall cause the Land that shall be required for the. said Canal
dar
Months,
and Towing Path to be valued and paid for within the Space of Four
Calendar Months'after the Line of: the said Canal shall have been so set
out as aforesaidi
Jury for va- XXI. Provided also* and it is further, enacted, That any Jury to be
luingMr. summoned, returned, and impannelled to make a Valuation of any Part
Agar'sLand. Qf tne said Lands and Grounds of the said
William
Agar, shall not be fewer
than Forty-eight substantial and indifferent Persons qualified to .serve on.
Special Juries, and shall be pricked, impannelled, and reduced, by strik-
ing by or on the Behalf of the said Company of Proprietprs, and by and
. on the Behalf of the said William Agart his Heirs, Executors; .Adminis^
trators, or'Assigns, to Twenty-four,; in the same Manner as jn Cases of
Actions at Common Law*
Docks, Ba- XXII. And be it further enacted, That it shall and may be lawful
sins,
&c. to and for the Lord Bishop of
London,
and his Successors for the Time
maybe made foeing, and his and* their Lessees, at his and their own proper Costs and
London's*5 ° Charges, to make and maintain, or cause. or permit to be made and
Land by
him
maintained,- any Recess* Dock, Basin,
Wharf,
Quay, or Landing
or
his
Lessees,
place. Recesses, Docks, Basins, Wharfs, Quays, or Landing Places,
and to set up and erect, or cause or permit to be set up and erected, any
Crane, Weigh Beam, or Warehouse* Cranes, Weigh.Beams, or Ware-
houses, in and upon any of the Lands or Grounds belonging to the said
See of London, or the Lessees
thereof,
situate in the Parish of
Paddingtori
in the County of Middlesex, and immediately adjoining to the said Canal,
when and in such Manner and during such Time or Times as the said
Lord Bishop or his Successors, and his or their Lessees, shall think fit j
but so as not to interrupt or impede the Passage of the Towing Path or
Navigation of the Canal: Provided always, that no more Water shall be
drawn off or taken from the said Canal than shall be necessary, for filling
such Recess, Dock^ or Basin, Recesses, Docks, or Basins, and that no
Water shall be allowed to run to Waste therefrom; and provided that
any such Recess, Dock, or Basin shall not be on a lower Level than the
said Canal, and that the Use, Benefit, and Advantage of every such Re-
cess,
Dock, Basin,
Wharf,
Quay, or Landing Place, Crane, Weigh
Beam, or Warehouse, shall whc-lly belong to the said- Lord Bishop of
II
London
56° GEORGir III. C^.lxxxv.
London, and his Successors, and his and their Lessees for the Time being,
according to their respective Estates and Interests in the Lands and Grounds
in and upon which the same shall be made, set up, and erected j and that
the said Lord Bishop of
London
and his Successors, and his and their
Lessees, or their Under Lessees, Tenants, or Assigns, shall be at Liberty to
charge, and may take and recover such Rates and Sums of Money for
Wharfage and Cranage, and no other, as the said Company of Proprietors
are empowered to take by the said recited'Act.
XXIII. And w.hereas by the said Act of the Fifty-second Year of the Compensa-^
Reign of His present Majesty, after reciting that the Company of Pro- tJ^ Wharfs
prietors of the Grand Junction Canal had granted several Leases of
&c.
how
to be
certain Wharfs and Warehouses near or adjoining the said Canal in the adjusted.
Parish of Paddington, and also at Bull's Bridge in the Precinct of Norwood,
in the Parish of Hayes, in the said County of Middlesex, to divers Persons,
it was enacted, that if any of the said Wharfingers, or pther Persons so
entitled to any such Leases as aforesaid, should at any Time after the End
of Two Years after the passing of the said Act, and before the Expiration
of Three Years, be minded and desirous of disposing of the same, with the
several Houses and Buildings erected thereon, and should give Twenty-one
Days Notice in Writing of such their Mind and Desire, to be delivered to
the Clerk of the Company of Proprietors incorporated by the said Act, or
left at his last or most usual Place of Abode, then and in such Case the
said Company of Proprietors thereby incorporated should and would forth-
with purchase of each and every such Wharfinger, or other Person so en-
titled as aforesaid, and giving such Notice as aforesaid, all his, her, or their
then Estate, Term, and Interest in the Wharfs and Premises comprized in
each and. every such Lease, at such Price or Prices, or Sum or Sums of
Money,
RS
the same would have been then worth to be sold, in case the Canal
and Works by the said; Act authorized to be made had not been directed
to be made ; and in case of any Difference or Dispute as, to the Amount of
such Price or Sum of Money, the same should be ascertained by a Jury to be
from Time to Time summoned in Manner therein-before directed, in Cases
of Dispute as to the Value of any Land to be taken in pursuance of the
said Aqt: And whereas several of the Persons by the said Act intended
have duly given Notices respectively of their Intention to sell their said Pre-
mises within the Time required by the said Act: And whereas it is expe-
dient to permit the said Persons respectively, and the said Company, if they
think fit, to try the Subject of their Difference before a Court of Law; be it
therefore further enacted, That in any and every Case of Difference or Dis-
pute as to the Amount of the Price or Sum of Money to be paid by the said
Company of Proprietors of the Regent's Canal for the Purchase of the
Estate, Term, and Interest of any Wharfinger or Wharfingers, or other Per-
son or Persons entitled to the Wharfs and Premises comprized in any such
Lease as aforesaid, and having given such Notice as aforesaid, such Whar-
finger or Wharfingers, or other Person or Persons entitled as last aforesaid,
on the one Part, or the said last-mentioned Company of Proprietors on the
other Part, shall be at Liberty to elect to have the Amount of such Price or
Consideration settled and ascertained upon an Issue upon the Value of the
said Premises and Interest according to the Terms of the said Act, to be tried
in the Court of King's Bench at
Westminster,
upon giving Ten Days Notice
in Writing of such Election to the other Party or Parties in Difference, and
that the same shall thereupon be settled and ascertained accordingly in an
Action upon a feigned Issue to be commenced in the said Court; in which
[Local.'] 21 A Action
1841
1842 56°GEORGII III. C^.lxxxv.
Action the Plaintiff or Plaintiffs shall be the Person or Persons entitled as
aforesaid, and the Defendants shall be the said Company of Proprietors,
who shall thereupon immediately accept a Declaration, and plead to the said
Action j and in case the Parties should differ touching the.Terms of the
said Issue, the same shall be settled by the proper Officer of the said Court;
and that such Issue shall be tried before a Special Jury, to be summoned,
impannelled, and reduced in the usual Manner as in Cases of Actions at the
Common Law ; and the said Court shall have Power to direct a new Trial
upon the said Issue if they shall see fit, and shall give Judgment for the Sum
of Money ultimately awarded by the Verdict of such Jury ; nevertheless with
Stay of Execution thereupon for the Space of Twenty-four Calendar
Months next after the passing of this Act, within which Period the said
Company of Proprietors shall satisfy and discharge the Sum of Money so
awarded as aforesaid.
Regent's
Canal Com-
pany may
supply the
Grand Junc-
tion Canal
with Water
from the
Thames.
Powers of
former Act
to extend to
this Act.
Expences of
Act.
Public Act.
XXIV. And whereas the said Company may by virtue of the said first re-
cited Act, and with the Consent of the Grand Junction Canal Company, make
use of the Waters belonging to the said Grand Junction Canal Company ;
but Doubts may arise whether, for the Purpose of obtaining such Water,
the said Regent's Canal Company can in Exchange give to the said Grand
Junction Canal Company the Water to be taken from the River Thames
under the Powers of the said Act; be it therefore declared and enacted^
That it shall and may be lawful for the said Company of Proprietors of the
Regent's Canal to supply the Navigation and other Works of the said
Grand Junction Canal Company, or their Assigns, in the Parish of Pad'
dington
aforesaid, with Water from the said River Thames, to be obtained
under and by virtue of the Powers granted by the said first-recited Act.
XXV. And be it further enacted, That the said recited Act, and all
and every the Powers, Provisions, Matters, and Things whatsoever therein
contained, so far as the same are not hereby repealed, shall extend and be
construed to extend to this Act.
XXVI. And be it further enacted, That the Charges and Expences
attending the obtaining and passing of this Act shall and may be paid by
the said Company of Proprietors out of the first Monies to be raised under
and by virtue of this Act.
XXVII. And be it further enacted, That this Act shall be deemed and
taken to be a Public Act, and shall be judicially taken Notice of as such by
all Judges, Justices, and others, without being specially pleaded.
LONDON; Printed by GEORGE EYRE and ANDREW STRAHAN,
Printers to the King's most Excellent Majesty.
"1823.
it
To continue reading
Request your trial