Port Carlisle Dock Act 1836

Publication Date:January 01, 1836
 
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Port Carlisle Dock Act 1836

(6 & 7 Will. 4) c. lx

An Act to enable the Carlisle Canal Company to make a Dock or Docks at Port Carlisle otherwise Fishers Cross, and for amending and enlargine the Powers and Provisions of the Act for making and maintaining the said Canal.

[07th June 1836]

ANNO SEXTO GULIELMI IV. REGIS. Cap. lx. An Act to enable the Carlisle Canal Company to make a Dock or Docks at Port Carlisle otherwise Fishers Cross, and for amending and enlarging the Powers and Provisions of the Act for making and maintaining the said Canal. [7th June 1836\] W HEREAS by an Act passed in the Fifty-ninth Year of the Reign of His late Majesty King George the Third, in tituled An Act for making and maintaining a Navigable 59g. 3. c.13. Canal from or from near the City o/Carlisle to the Solway Frith at or near Fishers Cross in the Parish of Bowness in the County of Cum berland, certain Persons were incorporated by the Name of " The Carlisle Canal Company," and were thereby empowered to make and maintain a Cut or Canal for the Navigation of Boats, Barges, and other Vessels from or from near the City of Carlisle, in or through the several Townships and Parishes in the said Act mentioned, to the Solway Frith at or near Fishers Cross, since known and herein-after designated by the Name of Port Carlisle, in the said Parish of Bowness, together with other Works and Conveniences connected therewith: And whereas the said Company were by the said Act authorized to raise such Sums of Money as they should think neces sary for the making, carrying on, and completing the said Canal and other Works thereby authorized to be made, not exceeding in the whole the Sum of Eighty thousand Pounds, except as therein men- [Local.~] 23 O tioned; W8 6'GULIELMI IV. CapAx. tioned; and in case the said Sum of Eighty thousand Pounds should be found insufficient, the said Company were authorized to raise, either among themselves or by the Creation of new Shares, or to borrow and take up at Interest on the Credit of the said Undertaking, or by the Issue of Promissory Notes, any further or additional Sum or Sum's of Money, not exceeding the Sum of Forty thousand Pounds: And whereas, by virtue and in pursuance of the said Act, the said Company have made and completed the said Canal, and the same is now navigable: And whereas the Number of Vessels resorting to the said Canal and Port Carlisle aforesaid has greatly increased, and, by reason of the Junction of the Ncwcastle-upon-Tgne and Carlisle Railway with the said Canal, the Traffic upon the said Canal is likely to become much more extensive, and to require increased Accommodation: And whereas Vessels navigated by Steam, and other Vessels of large Burthen, which are unable to navigate the said Canal, are obliged to remain and be moored on the Strand or Beach at the Western Termination of the said Canal at Port Carlisle aforesaid, and it is therefore expedient that a Floating Dock or Floating Docks should be constructed upon the Ground of the said Company at Port Car-lisle aforesaid, to communicate with the said Canal, for the Safety and Protection of Vessels resorting to the said Port, and for facilitating the Arrival and Departure of Vessels at and from the said Canal: And whereas the said Company have, for the Guidance and Safety of Vessels resorting to the said Canal, placed and fixed in and near the Channel of the Sohvay Frith Buoys and Beacons or Landmarks, and it would materially tend to the Safety of Vessels navigating the said Frith if Provision were made for placing, erecting, and maintaining proper Buoys, Beacons, and Lights in and near the Channel of the said Frith, and for defraying the Expences attending the same: And whereas the Sum of Seventy-three thousand seven hundred and fifty Pounds, Part of the original Capital of Eighty thousand Pounds by the said recited Act authorized to be raised, hath been subscribed in One thousand four hundred and seventy-five Shares of Fifty Pounds each, and the Sum of Thirty-eight thousand nine hundred and fifty Pounds hath also been borrowed upon the Credit of the said Undertaking: And whereas, in addition to the said Two Sums of Eighty thousand Pounds and Forty thousand Pounds so authorized to be raised and borrowed as aforesaid, a further Sum will be required for the Purpose of making, completing, and maintaining the said Docks and other Works by this Act authorized to be made, anil it is necessary that the said Company should be empowered to raise and borrow forthwith an additional Sum of Money, and be enabled to provide for the Extinction of such Debt and of the Debt already contracted, cither by the Creation of an additional Number of Shares, or by allocating and dividing the said Debt upon the Shares for the Time being of the said Company: And whereas the Provisions of the said Act have in many respects been found insufficient, and it is therefore expedient that the same should be altered and amended, and some further Powers granted to the said Company, but the several Purposes aforesaid cannot be effected without the Aid and Authority of Parliament: May it therefore please 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 6GULIELMI IV. CapAx. 2(W and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all the Powers, Authorities, Powers and Provisions, Directions, Penalties, Forfeitures, Payments, Exemptions, Fusions of Remedies, Regulations, Clauses, Matters, and Things in the said g^cept C'' recited Act contained (except such of them or such Parts thereof where respectively as are by this Act expressly repealed, altered, or other- altered, to wise provided for,) shall extend and be construed to extend to this extend to Act, and shall operate and be in force in respect of the Objects and Purposes thereof, as fully and effectually to all Intents and Purposes whatsoever as if the same Powers, Authorities, Provisions, Directions, Penalties, Forfeitures, Payments, Exemptions, Remedies, Regulations, Clauses, Matters, and Things were repeated and re-enacted in this Act; save only and except that nothing in this Act contained shall extend to authorize or empower the said Company to purchase or take any Lands without the Consent of the Owner thereof. II. And whereas the probable Expcnce of making the said Dock or The whole Docks and the other Works hereby authorized will amount to the of the E*- Sum of Twenty-nine thousand three hundred and thirty-three Pounds, subscribed*5 and the Sum of Twenty-four thousand Pounds, or more than Four- for before fifth Parts thereof has been already subscribed for by several Persons; the Powers under a Contract, binding themselves, their Heirs, Executors, Ad- oflhcAct ministrators, and Assigns, for the Payment of the several Sums by f^g"1'" them respectively subscribed for ; be it therefore enacted, That the whole of the said Sum of Twenty-nine thousand three hundred and thirty-three Pounds shall be subscribed for in like Manner before any of the Powers given by this Act shall be put in force. III. Provided always, and be it further enacted, That a Certificate Certificate under the Hand and Seal of any Justice of the Peace for the County "J"ler tnt' of Cumberland, that the whole of the said Sum of Twenty-nine thou- ]^tice of sand three hundred and thirty-three Pounds hath been subscribed as Peace to be aforesaid, and which Certificate such Justice is hereby authorized and Proof that required to grant, on Application and proper Proof made to him by the !he Mney said Company, and on Production of the Subscription Deed of or re- subscribed lating to the said Company, shall for all Purposes whatsoever be con clusive Evidence that the whole of the said Sum of Twenty-nine thousand three hundred and thirty-three Pounds has been subscribed. &c. IV. And be it further enacted, That it shall be lawful for the said Power to Company and they are hereby empowered, by themselves, their make Docks, Agents, Officers, Contractors, Servants, and Workmen, to make, construct, form, and maintain a Dock or Docks, or Basin or Basins, in and upon the Land or Ground of the said Company at Port Carlisle in the Parish of Bowness in the County of Cumberland, am] the Beach or Strand in front of or adjoining thereto; and the said Company, their Agents, Contractors, Servants, and Workmen, are hereby authorized and empowered to make, construct, erect, build, and maintain, and from Time to Time to keep in repair, such Piers, Jetties, Breakwaters, Quays, Wharfs, Slips, Walls, Banks, Locks, Weirs, Sluices, Tunnels, Cuts, Channels, and other Works, and to do, execute, and perform all such other Acts, Matters, and Things in and upon such Land or Ground and Beach or Strand, and in the Channel of the 2080 6GULIELMI IV. Cap.Xx. the said Sohvay Frith, as they shall think necessary and proper for making, constructing, and maintaining the said Dock or Docks, or Basin or Basins, and for making the same fit for the Reception, Accommodation, and Security of Ships and Vessels resorting to the said Canal, and for the more convenient lading and unlading of such Ships and Vessels, and for facilitating the Access to and increasing the Convenience or Security of the said Dock or Docks, or Basin or Basins, and for preventing Mud, Gravel, Soil, Filth, and other Matters from stopping up and injuring the same ; and also to erect and build such Warehouses and other Buildings for the Reception and safe Custody of Goods, Wares, and Merchandize, and all such Dwelling Houses and Conveniences as shall be necessary for the Purposes of the said Dock or Docks, or Basin or Basins. Map ami V. And whereas a Map or Plan describing the Site of the said remain with Clerk of the Peace. Book of Re- intended Dock or Docks and other Works, and the Lands on which ference to the same are to be made, together with a Book of Reference...

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