Newry Navigation Act 1884

JurisdictionUK Non-devolved
Citation1884 c. cxxxviii
47 & 48 VICT.] Newry Navigation Act, 1884. [Oh. CXXXViii.]
CHAPTER cxxxviii.
An Act to confer further powers on the Newry Navigation
AJX
1884
Company and for other purposes. [14th July 1884.]
4
W
HEREAS by an Act passed in the tenth year of the reign of 10
Geo.
4.
His late Majesty King George IV. intituled " An Act for the c-126*
improvement and extension of the Newry Navigation " (herein-after
called the Act of 1829) it was enacted that from and after a day to
be mentioned in an order of the Lord Lieutenant or other Chief
Governor of Ireland to be made as in the said Act mentioned the
Newry Canal and Navigation extending from the town of Warren-
point to Lough Neagh should be vested in a company incorporated
under the powers of the said Act called the Newry Navigation
Company (herein-after called the Company) and the Company were
empowered to deepen widen and improve the tidal channel between
Newry and Warrenpoint or to make and maintain certain cuts in
the said Act mentioned and to deepen the Newry River to the
depth of six feet below low-water spring tides as far as the town
of Newry as well as to execute other works in connexion with the
Newry River for the purpose of improving the navigation between
the port and harbour of Newry and the sea:
And whereas by virtue of an order duly made by the Duke of
Northumberland the then Lord Lieutenant of Ireland on the twelfth
day of July one thousand eight hundred and thirty the Newry
Canal and Navigation became vested in the Company as from the
twenty-sixth day of July one thousand eight hundred and thirty :
And whereas under the powers of the Act of 1829 and of two 6
Wm.
4.
Acts passed respectively in the sixth year of the reign of His late c- 7L
Majesty King William IV. (cap. 71 local and personal) and in the 4 & 5 Vlct
fourth and fifth years of the reign of Her present Majesty (cap. 56
local and personal) for the purpose of extending the time limited
by and otherwise amending the Act of 1829 a certain canal was
made and other works executed by the Company but the worke
authorised by the recited Acts were not all completed :
[LocaL-438.] A 1
c. 56.
[Ch. CXXXViii-] Newry Navigation Act, 1884. [47 & 48 VICT.]
A.D.
1884. And whereas it would be of public and local advantage that the
navigation of the Newry River and the upper portion of Carlingford
Lough should be improved and that the works by this Act autho-
rised should be constructed and that the other powers in this Act
specified should be conferred on the Company :
And whereas the existing share capital of the Company is eighty
thousand pounds and they owe on mortgage thirty-one thousand
eight hundred and seventeen pounds fifteen shillings and tenpence:
And whereas it is expedient that the Company should be enabled
to borrow money for the purposes of this Act and that the tolls
rates and duties now leviable by the Company should be varied and
altered and that additional powers of levying tolls rates and duties
k. h
should be conferred on the Company :
And whereas plans and sections showing the lines and levels of
the works authorised by this Act and also a book of reference con-
taining the names of the owners and lessees or reputed owners and
lessees and of the occupiers of the lands required or which may be
taken for the purposes or under the powers of this Act were duly
deposited with the clerks of the peace for the counties of Armagh
Louth and Down and are in this Act respectively referred to as the
deposited plans sections and book of reference:
And whereas the purposes of this Act cannot be effected without
the authority of Parliament:
May it therefore please Your Majesty that it may be enacted and
be it enacted by the Queen's most Excellent Majesty by aud with
the advice and consent of the Lords Spiritual and Temporal and
Commons in this present Parliament assembled and by the authority
of the same as follows :-
Short title. 1, This Act may be cited as the Newry Navigation Act 1884.
Interpreta- 2. In this Act the several words and expressions to which
tion. meanings are assigned by the Acts wholly or partially incorporated
herewith have the same respective meanings unless there be some-
thing in the subject or context repugnant to such construction:
The expressions "port and harbour" and "harbour" mean and
include the Newry River with the docks canal quays
wharves and other works from time to time connected there-
with and with the undertaking of the Company:
The expression " the Carlingford Lough Commissioners " means
the harbour of Carlingford Lough Improvement Commissioners;
The expression " the undertaking " means the undertaking of the
Company;
In the incorporated Acts the expression " the special Act" means
this Act the expressions " the promoters " " the promoters of
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