Port Carlisle Dock Act 1836

JurisdictionUK Non-devolved
Citation1836 c. lx
ANNO SEXTO
GULIELMI IV. REGIS.
Cap.
lx.
An Act to enable the Carlisle Canal Company to
make a Dock or Docks at Port Carlisle other-
wise Fishers Cross, and for amending and en-
larging 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.~]
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 Com-
pany 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 Ter-
mination of the said Canal at Port
Carlisle
aforesaid, and it is there-
fore 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 facili-
tating 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 Land-
marks, and it would materially tend to the Safety of Vessels navi-
gating 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 main-
taining 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 Pro-
visions 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
6°GULIELMI 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 !heney
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, con-
struct, 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 au-
thorized and empowered to make, construct, erect, build, and main-
tain, 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 6°GULIELMI 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, Ac-
commodation, 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 Mat-
ters 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 Dwell-
ing 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
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 thereto,
containing Lists of the Names of the Owners and Occupiers or
reputed Owners and Occupiers of such Lands, hath been deposited at
the Office of the Clerk of the Peace for the said County of Cumberland;
be it therefore enacted, That the said Map or Plan and Book of
Reference so deposited shall remain with and be kept by the said
Clerk of the Peace, and ail Persons interested in any Manner therein
shall have Liberty to inspect and peruse the same, and to take
Copies or Extracts
thereof,
at all seasonable Times, upon Payment to
the Clerk oi' the Peace for the Time being of the said County of
One Shilling for every Time of Inspection, and of One Shilling more
for every Hour during which such Inspection shall continue after the
first Hour, and paying Sixpence for every Copy or Extract not ex-
ceeding Seventy-two Words, and so in proportion for any greater
Number of Words
j
and the said Map or Plan and Book of Reference,
or true Copies
thereof,
or of so much thereof as shall relate to any
Matter which may be in question, shall be and are hereby declared
to be good Evidence in all Courts of Law and elsewhere.
remain with
Clerk of the
Peace.
Power to
borrow any
further Sum
not exceed-
ing 40,000/,
and to assign
Tolls and
Duties in
like Manner
as in recited
Act.
VI.
And in order to enable the said Company to make and com-
plete the said Dock or Docks, or Basin or Basins, and other Works by
this Act authorized to be made, be it further enacted, That it shall
and may be lawful for the said Company and they are hereby
authorized and empowered, forthwith, or from Time to Time, by the
Order of any General or Special General Meeting of the said Com-
pany, to borrow and take up at Interest on the Credit of the said
Undertaking any Sum not exceeding in the whole the Sum of Forty
thousand Pounds, as to them shall seem expedient; and the said
Company, or the Committee of Management
thereof,
after any Order
shall have been made for that Purpose, in manner herein-befbre men-
tioned, are hereby empowered from Time to Time to assign over
the several Tolls, Rates, and Duties granted to them by the said
recited Act and this Act, as a Security for any Money so to be
borrowed, with Interest thereon at such Rate as may from Time to
Time be agreed upon, to such Person, or to his Trustee or Trustees,
as shall advance the same respectively, in the like Manner and Form,
and with, under, and subject to the like Provisions, Powers, Reme-
dies,
6°GUL1£LMI IV. CapAx. 2081
dies,
Directions, and Regulations as are in the said recited Act.con-
tained concerning the borrowing of Money by Mortgage, or the
securing or recovering the same, or the Interest
thereof.
VII.
Provided always, and be it enacted, That in case any Power to
Part of the Debt for the Time being due and owing from the said borrow for
Company, whether created under the Authority of the said recited the Purpose
Actor this Act, shall be at any Time called in, paid off, or discharged, ^rmci"8 "P
it shall and may be lawful for the Committee of Management of the Securities.
said Company, from Time to Time, as often as the same shall happen,
to borrow, raise, and take up at Interest on the Credit of the said
Rates and Duties by the said recited Act and this Act authorized
to be taken, any Sum or Sums of Money in lieu or in the
stead of any such Sum or Sums of Money so called in, borrowed,
raised, and taken up at Interest, which shall from Time to
Time be paid off. and discharged by the said Company, but so
nevertheless that the said Company shall not in any event borrow to
such Extent as that more than the Sum of Forty thousand Pounds,
in addition to the Sums by the said recited Act authorized to be
raised or borrowed, shall be owing at any one Time as a Charge upon
the said Undertaking.
VIII. And be it further enacted, That the Assignments or Holders of
Securities to be granted by the said Company in pursuance of the Securities
Provisions of this Act, for securing the Repayment of the said Sum of u"(!er the
Forty thousand Pounds or any Part
thereof,
shall in respect to to^^entitkd
Priority of Payment rank after and shall be deemed and taken to be to Priority,
subject to all Assignments or other Securities granted for securing unless they
any Sum or Sums of Money borrowed by the said Company under shal'
c»nscnt
the said recited Act: Provided nevertheless, that in case the several
cquaMy
with
Persons to whom Securities shall have been granted or transferred the Holders
under the said recited Act shall consent in Writing, then and in such ot" Securities
Case, but not otherwise, the several Persons to whom any Securities "nder thls
shall be granted or transferred under this Act shall be equally entitled
with the several Persons to whom Securities shall have been granted or
transferred under the said recited Act, without any Preference.by
reason of Priority of Date or otherwise howsoever.
IX. And be it further enacted, That when any Sum of Money shall power to
be borrowed at Interest pursuant to the Powers in that Behalf con- stipulate re-
tained in the said recited Act or this Act, it shall be lawful for the rio^s of Ke"
said Company, in case they shall in their Discretion think proper so Securities"
to do, to fix a Period or Periods for the Repayment of the Principal
Sum of Money so to be borrowed, with the Interest
thereof,
and in
such Case the said Company shall cause to be inserted in such Mort-
gage or Assignment the Time or Times which shall be fixed or
agreed upon for the Repayment of the Principal Money thereby to be
secured, and such Sum of Money with all Arrears of Interest shall
accordingly be paid at the Time or Times so to be fixed to the Party
who shall upon the Expiration of such Period or Periods be the
Holder of and entitled to such Mortgage or Assignment,. or his
Nominee.
[Local.] 23 2> X. And
2082 6°GULIELMI IV. Cap.lx.
Notices X. And be it further enacted, That where no Time shall be fixed
HolderVof *or the ^ePayment of any Sum of Money borrowed under the
Securities Authority of the said recited Act or this Act, the Party entitled to
where no any such Mortgage or Assignment or Promissory Note may and he
Period of is hereby authorized to demand Payment of the Principal Monies
st^lmed'8 t,,ei'^y 8ecured, with all Arrears of Interest, at the Expiration or at
s Ipu e any Time after the Expiration of Twelve Calendar Months from the
Date of such Mortgage or Assignment or Promissory Note, upon
giving Six Calendar Months Notice in Writing to the Clerk for the
Time being of the said Company: Provided nevertheless, that the
said Company may at all Times pay off and discharge all such Mort-
gages or Assignments or Promissory Notes in which no Time shall
be fixed for the Payment
thereof,
or any Part of the Money thereby
secured, on giving Six Calendar Months Notice in Writing in Two or
more Newspapers circulated in the County of Cumberland; and at
the Expiration of the said Six Calendar Months all Interest shall cease
to be paid on the said Principal Money, unless the said Company
shall, on Demand, make default in Payment thereof in pursuance of
such Notice.
Provision ^1. And whereas it is expedient to provide for the Liquidation and
for Extinc- Extinction of the Debt now due and owing by the said Company,
tionofDebt. and which may be created under the Authority of the said recited
Act or this Act; be it therefore enacted, That it shall be lawful for
the said Company at any Time hereafter to raise or convert and dispose
of the whole of the Debt which may for the Time being be due and
owing by the said Company in one or other of the Modes herein-after
pointed out; (that is to say,) either the said Company may raise the
Whole or any Part of the said Debt by an Issue of new Shares in the
said Company at such Rate or Price per Share as shall be determined
by the said Company, and every Person who shall subscribe for any
such new Share shall on Payment of the Amount of the Price fixed
for the same to the Treasurer of the said Company be thenceforth
entitled to the same Powers and Privileges in all respects as any
Proprietor of original Shares; or the said Company may, if* they
think it more advantageous, divide, assess, or apportion the whole of
the said Debt which may be then due and owing by the said Com-
pany proportionally upon or amongst the whole of the Shares for the
Time being of the said Company, burthening each Share in the said
Company with a Sum bearing the same Proportion to the whole Debt
which such Share bears to the total Number of Shares, and with
Interest on such proportional Sum at a Rate to be fixed by the said
Company; and after such Division or Apportionment of the Debt
of the said Company every Share shall be liable to the Payment of
the proportional Sum and Interest assessed or charged thereon, and
shall not be liable for any further or other Part of the aforesaid Debt
of the said Company, but subject nevertheless and without Prejudice
to the Rights and Remedies of any Creditor as against the said
Company ; and no Transfer of* any Share which shall be sold shall be
registered by the Clerk of the said Company until Payment of the
proportional Sum so assessed or charged on the same Share, with all
Interest due thereon, shall have been first made; and every Proprietor
shall be at liberty to pay up or discharge the proportional Sum so
assessed
6'GULIELMI IV. Cdp.hu. 2083
assessed or charged on his Share, or on any Two or more of his Shares,
at such Times as he shall judge to be proper; and it shall be lawful
for the said Company to deduct and retain out of the Dividends on
every Share in respect of which the proportional Sum so assessed or
charged thereon, and the Interest thereof) shall not have been dis-
charged, the Sum which shall for the Time being be due for Interest
thereon, but no such Deduction shall be made from the Dividend on
any Share on which the proportional Sum so assessed or charged shall
have been paid for Interest for any Quarter of a Year (calculating
such Quarter from the First Day of January, the First Day of April,
the First Day of July, and the First Day of October,) within which
such proportional Sum shall have been so paid.
XII.
Provided always, and be it further enacted, That if the Part of
Debt
said Company shall in the first instance raise a Portion of the said may be
Debt by an Issue of* new Shares in manner aforesaid, it shall not- raisedby
withstanding be lawful for the said Company, if they shall think fit, anti there-
to convert and dispose of the Residue of the said Debt by dividing sidue ap-
and apportioning the same upon or amongst the whole of the Shares portioned.
for the Time being in the said Company in manner aforesaid; but in After any
case the said Company shall commence by dividing and apportioning Apportion-
the said Debt upon or amongst the Shares of the said Company in 'Jj^ °nf w
manner aforesaid, it shall not be lawful for the said Company after- shares not
wards to issue new Shares in pursuance of the Provision for that to be cre-
•Purpose herein-before contained ("except in respect of any further ated-
Debt contracted by the said Company after such Apportion-
ment).
XIII. And be it further enacted, That the Money which shall be Money
raised by the said Company by the Creation and Issue of new Shares raised to be
under the Authority last herein-before contained, or which shall be s'PP1.,ed.,n
paid by any Proprietor of Shares in respect of the Proportion of 0fi)"bt!0"
Debt assessed or charged on his Shares as aforesaid, shall be applied
in or towards the Extinction of the Debt which may be then due and
owing by the said Company, and to no other Purpose whatever.
XIV. Provided always, and be it further enacted, That no such Restriction
Issue of new Shares or Apportionment of Debt as aforesaid shall as to Issue
take place without the Sanction of a General Meeting of Proprietors
or a Special Meeting duly convened for that Purpose in manner
prescribed by the said recited Act.
of new
Shares.
XV. And be it further enacted, That all Shares in the said Un- Shares to
dertaking in respect of which the proportional Sums assessed or be distin-
charged thereon respectively as aforesaid, and the Interest
thereof,
Kulshctl'"
shall have been discharged, shall from thenceforth be distinguished BookW
in the Register Book of Shares in the said Navigation as " redeemed redeemed or
Shares;" and the Holder or Proprietor of every such redeemed unredeemed.
Share shall be entitled to have a Ticket or Instrument specifying that
he is entitled to such redeemed Share, in the Manner and upon the
Terms directed by the said recited Act with respect to original
Tickets; and all Shares in respect of which the proportional Sums
assessed or charged thereon respectively shall not be discharged,
shall,
2084 (TGULIELMI IV. CapAx.
shall, so long as such proportional Sums and the Interest thereof shall
remain undischarged, be distinguished in the said Register Book as
" unredeemed Shares."
Interest of
Money bor-
rowed to be
paid in pre-
ference to
Dividends.
XVI. And be it further enacted, That the Interest of the Money
which shall be borrowed as aforesaid shall be paid half-yearly to the
several Parties entitled thereto, in preference to any Dividends pay-
able to the Proprietors of the said Company under the Provisions of
the said recited Act or of this Act; and in case such Interest, or
any Part
thereof,
shall be unpaid for the Space of Thirty Days next
after the same shall have become payable as aforesaid, and the same
shall not be paid within Ten Days next after Demand thereof in
Writing shall have been made to the said Company, it shall be lawful
for any Two or more Justices of the Peace having Jurisdiction, and
not being interested in the Matter in question, and they are hereby
required, on Request to them made by or on behalf of any Person
or Party whose Interest shall be so in arrear, by an Order under
their Hands to appoint some Person to receive the Whole or any
Part of the Rates, Tolls, and Duties arising or to arise by virtue of
the said recited Act and of this Act, or either of them, until all
Interest remaining unpaid as aforesaid, together with the Costs and
Charges of recovering and receiving the Rates, shall be fully satisfied
and paid; and the Money so to be received by such Receiver is
hereby declared to be so much Money received by or to the Use of
the Party to whom such Interest shall be then due; and after such
Interest and Costs shall have been paid and satisfied the Power and
Authority of such Receiver for the Purposes aforesaid shall cease
and determine, or otherwise the said Interest so remaining unpaid
as aforesaid may be sued for and recovered from the said Company,
with Costs, by an Action of Debt in any of His Majesty's Courts of
Record at Westminster.
Persons XVII. Provided always, and be it further enacted, That no Person
holding Sc- to whom any Security for Money shall be made or transferred shall
cunties not jjlc,eby be deemed a Proprietor of any Share, or shall thereby be
Proprietors, rendered capable of acting as such at any Meeting of the said Com-
pany, for or on account of his having lent or advanced any Sum of
Money on the Credit of such Security to the said Company.
New Shares
to become
Personal
Estate.
XVIII. And be it further enacted, That every new Share to be
created in pursuance of the Powers of this Act shall be deemed Per-
sonal Estate, and shall be transmissible and transferable as sgch;
and all Persons who shall become entitled thereto, and the several
and respective Successors, Executors, Administrators, and Assigns of
such Persons respectively as aforesaid, shall be and they are hereby
declared to be Owners and Proprietors of Shares in the said Undeiv
taking to the Number of such Shares so by them possessed, as bene-
ficially as the Proprietors of any other Shares in the said Undertaking,
and under and subject to all the Powers, Provisions, Directions, Re-
medies, Penalties, Forfeitures, Matters, and Things contained in the
said recited Act (except so far as the same are hereby altered or.
varied) and in this Act, relating to any other Shares in the said Un-
dertaking, and all such Persons as aforesaid shall be deemed to be
and
6°GULIELMI IV. CapAx. 2085
and are hereby declared to be thenceforth united to and incorporated
with the said Company.
XIX. And whereas it is expedient that a Fund should be raised Power to
from Time to Time as a Resource and Provision for supporting or in-
^eF°u^;
creasing the Dividends payable to the Proprietors of Shares in the
said Undertaking, or for defraying any casual or extraordinary
Expence, and for Repairs or Improvements of the said Canal and
other Works now existing or hereafter to be made, so that the Public
Trade of the Country may not be impeded by Delay in effecting such
Repairs and Improvements from Want of pecuniary Means; and it
is also expedient that the said Company should have Power to lay out
from Time to Time Part of any surplus Monies arising by virtue of
this Act; be it therefore enacted, That it shall be lawful for the
Committee of Management of the said Company to invest the Whole
or any Part of such surplus Monies in the Government Stocks or
Funds, or in Exchequer Bills, or in Real Securities, in the Names of
Trustees to be nominated from Time to Time by the said Committee
of Management, so that the Money so to be laid out and invested do
not in any One Year exceed a Sum equal to One Tenth Part of the
total Amount of Dividends made to the Proprietors in the Year
preceding, and the Interest and Dividends of the said Stocks, Funds,
or Securities, and of the Accumulations thereof (if any) may from
Time to Time, at the Discretion of the said Committee of Manage-
ment, be either invested in any such Stocks, Funds, or Securities as
aforesaid in the Names of the same or any other Trustees, so as
to form an accumulating Fund, or applied in supporting or increasing
the Dividends made to the Proprietors of Shares in the said Under-
taking, or the said Trust Monies, Stocks, Funds, and Securities shall
be held as a reserved Fund for the Purposes aforesaid, so long and to
such an Extent as the said Company shall think it necessary or proper
to keep a reserved Fund for those Purposes, and subject thereto shall
be held by or in Trust for the said Company; and such Securities
may from Time to Time be varied for other Stocks, Funds, and
Securities of a like Nature, or may be sold and realized, and the
Money arising therefrom be applied to the aforesaid Purposes or any
of them, at such Time or Times as the said Committee of Manage-
ment shall think proper; or the said Fund or any Part thereof may be
divided amongst the Proprietors at such Times and in such Manner
as a General or Special Meeting of Proprietors may direct: Provided
always, that such Fund shall not at any Time exceed the Amount of
Twenty thousand Pounds.
XX. And be it further enacted, That in all Cases where Money Receipt of
shall be payable under the Provisions of the said recited Act or of Parent or
this Act, whether for Principal, Interest, or Dividends, to any Pro- £"ara,an °ff
prietor or Creditor of the said Company who shall be a Minor,
fic'ient
Di"-"
the Receipt of the Parent, or of the Guardian or of any One of the charge.
Guardians for the Time being of such Minor, shall be a sufficient
Discharge for the same to the said Company and their Treasurer.
XXI. Provided always, and be it further enacted, That no Person No Fraction
shall hereafter become a Proprietor of any Part or- Fraction of a of
Share*.
{.Local.-} 23 Q Share
2086 6°GULIELMI IV. CapAx.
Share in the said Company, but any Share may be held by Two
or more Persons as joint Proprietors
thereof.
Itoccipt of
One joint
Shareholder
sufficient.
XXII. And be it further enacted, That in all Cases where any
Share in the Capital of the said Company shall be held by any Two
or more Persons jointly, the Receipt of any One of such Persons
shall be a good and sufficient Discharge to the said Company oir their
Treasurer for the Money whicli may become payable under the
Provisions of the said recited Act or of this Act for or in respect of
such Share, and shall discharge the said Company from all Obligation
of seeing to its Application, and from being answerable for its Misap-
plication ; provided that no Notice in Writing to the contrary shall
previously to any such Payment have been given to the Treasurer of
the said Company by any other Person holding jointly such Share.
One
joint XXIII. And be it further enacted, That whenever Two or more
Proprietor Shares shall be held by Two or more Persons as joint Proprietors,
only to rote. any Qne 0f sucn
j0jnt
Proprietors, but no more, attending any Ge-
neral or Special Meeting of the said Company, or any Proxy to be
appointed in the Manner in the said recited Act mentioned by all
such joint Proprietors, shall be entitled to vote in respect of such
joint Shares.
Dock Rates. XXIV. And in consideration of the Charges and Expences which
the said Company may sustain and incur in making and maintaining
the said Dock or Docks and other Works hereby authorized to be
made and maintained, be it further enacted, That it shall be lawful
for the said Company, and such Person or Persons as they shall from
Time to Time appoint, and they are hereby authorized and empowered,
when and so soon as any such Dock or Docks shall have been made,
to demand and take, recover, collect, and receive, to or for the Use of
the said Company, for and in respect of every Ship, Boat, Vessel, or
Raft entering into the said Dock or Docks, and all Goods, Wares,
and Merchandizes, Articles, Matters, and Things brought, loaded,
or discharged within the said Dock or Docks as herein-after mentioned,
the several Rates following; (that is to say,)
For every Ship or Boat or Vessel from any Port or Place in Great
Britain,
Ireland,
the Isle of Man, or any of the Islands of Guern.
sey, Jersey, Aldcrney, and Sarlc, which shall enter any such Dock,
any Sum not exceeding the Sum of Nine-pence per Ton:
For every Ship or Boat or Vessel from any other Port or Place
which shall enter any such Dock, any Sum not exceeding Three
Shillings per Ton:
For all Goods, Wares, and Merchandizes, Corn, Grain, Timber,
Cattle, or other Live Stock, not conveyed along the said Canal the
Distance of Six Miles or upwards, and which shall be loaded in or
upon or discharged from or out of any Ship or Boat or Vessel lying
in any such Dock, any Sum not exceeding One Shilling and Six-
pence per Ton:
For every Raft of
American,
Baltic, or other Foreign Timber brought
into any such Dock or Docks, in addition to the last-mentioned
Rate or Duty, any Sum not exceeding Two Shillings per Ton :
For
6°GULIELMI IV. CapAx. 2087
For every Ship or Boat or Vessel which shall remain in any such Dock
for a longer Period than One Calendar Month, any Sum not ex-
ceeding Three-pence per Ton for each entire Calendar Month such
Ship,
Boat, or Vessel shall so remain.
XXV. Provided always, and be it further enacted, That if any Vessels nut-
Ship or Boat or Vessel tor which the said Rates or Duties shall have t'ng
ba*
been paid, shall depart from or leave the said Dock, and shall within ^We^ther
the Space of Twenty-four Hours next after such Departure, eitherot |iab|c t0
from Accident, Stress of Weather, or any other Cause, be obliged Second Pay-
to put back or return to the same, then and in every such Case such n,ent °r
Ship or Boat or Vessel shall not be again liable to the Payment of the Kates'
said Rates or Duties in consequence of so putting back or returning
to the said Dock; any thing in this Act contained to the contrary not-
withstanding.
XXVI. And be it further enacted, That the said Company shall Power to
have full Power and Authority from Time to Time to contract and ?rcct
L,ght-
agree for the Purchase or Hire of any Lands, Tenements, and Here- p\^
Buoy*.
ditaments, with the Consent of the Owner
thereof,
in any Situation
in the County of
Cumberland
near to Port
Carlisle
or to the Sohoay
Frith,
for the Purpose of erecting or maintaining One or more
Lighthouse or Lighthouses or other Beacons or Sea-marks thereon for
the Safety of Vessels navigating to and from the said Port, and
shall also have full Power and Authority to make and maintain such
Lighthouses, Beacons, and Sea-marks, and also to place and lay
down such Floating Lights and Buoys, and to set up such Poles or
other Marks in and near the Channel of the Sohoay Frith, and to lay
down such Warping and Mooring Buoys, with their necessary Anchors
and Tackling, and from Time to Time to remove and alter such Light-
houses, Beacons, Sea-marks, Floating Lights, Buoys, Poles, and
other Marks, and to erect, place, or lay down others in their Stead,
as to the said Company or their Committee of Management shall ap-
pear necessary or advantageous for the Protection of or for facilitating
the Navigation to and from the said Port.
XXVII. And in order to enable the said Company to place, erect, Dues to be
establish, and maintain all such Lighthouses, Buoys, Beacons, and taken for
Lights, be it further enacted, That it shall and may be lawful to and Support
of
for the said Company, and to and for such Person or Persons as they '6'8'l c'
shall appoint in that
Behalf,
to demand, collect, receive, and take of
and from all and every the Masters, Owners, Agents, or Consignees
of every Ship or other Vessel (His Majesty's Ships of War and others
employed in the King's Service wholly exempted) the several Dues
or Duties herein-after mentioned; (that is to say,)
For every Ship or other Vessel passing the said Buoys, Light or Lights,
or any of them, to Port
Carlisle
aforesaid, Silloth Bay, or any Port
or Place Northward of Silloth Bay, any Sum not exceeding One
Penny Halfpenny per Ton :
And for every Ship or other Vessel passing the said Buoys, Light or
Lights, or any of them, from Port
Carlisle
aforesaid, Silloth Bay, or
any Port or Place Northward of
Silloth
Bay aforesaid, any Sum not
exceeding One Penny Halfpenny per Ton. XXVIII. And
2088 6°GULIELM1 IV. CapAx.
Act not to XXVIII. And be it further enacted, That nothing in this Act con-
anyCShip°of ^ned sha11 extend or be construed to extend to any of His Majesty's
War or
Ves-
Sh'Ps
°f War> or an)r Ship, Transport, or Vessel employed in or upon
s in His His Majesty's Service, in the Conveyance of any Officers or Soldiers,
Majesty's or any Horses, Arms, Ammunition, or Baggage to them or any of
erv,ce- them belonging, or of any Ordnance, Barrack, or Commissariat Stores,
or to any Vessel in the Service or Employ of the Ordnance, Customs,
or Excise, or of His Majesty's Postmaster General.
Dues to be XXIX. And be it further enacted and declared, That the said last-
paid at Port mentioned Dues or Duties shall be paid respectively at the Office of
Dumfries' t,ie !aid Company, or at the respective Custom Houses at the Port of
Carlisle
or Dumfries, according as every such Ship or Vessel shall lade
or discharge her Goods wholly or in part at either of those Places or
within the Limits of either of the said Ports, to such Person or Per-
sons as the said Company shall from Time to Time nominate and ap-
point for such Purpose.
Distinct Ac- XXX. Provided always, and it is hereby enacted and declared, That
count to
be
a separate and distinct Account shall be kept by the said Company of
ptnditureX a" ^on'es wh'cn shall be expended by them in the constructing,
and Receipt erecting, building, placing, maintaining, and supporting such Light-
in respect of houses, Beacons, floating and other Lights, Buoys, Sea-marks, and
Lights, &c other Works as aforesaid, for the Safety or Guidance of Vessels na-
vigating to and from the said Port, and also of all Monies which shall
be received by the said Company for Light Dues or Duties under the
Authority of this Act; and such Accounts shall be kept distinct from
and shall not be complicated or intermixed with the Accounts of the
Monies expended by the said Company in the making or maintaining
the said Canal, Dock or Docks, or other Works by the said recited
Act and this Act authorized to be made, or with the Canal or Dock
Dues,
or other Monies received by the said Company in respect of the
said Canal or Docks or either of them, or from any other Source
whatever; and no Part of the said Light Dues or Duties shall be ap-
plicable or applied to any Use or Purpose whatever other than and
except the constructing, erecting, placing, and maintaining such Light-
houses, Beacons, floating and other Lights, Buoys, Sea-marks, and
other Works connected therewith; and such Light Dues or Duties
shall not be charged or chargeable with any Sum or Sums of
Money borrowed or taken up at Interest by the said Company upon
any Mortgage or other Security, or with any Interest
thereof,
any-
thing herein-befbre or in the said recited Act contained to the con-
trary thereof notwithstanding; and that the said Company shall, as
soon as may be after the First Day of January now next ensuing,
cause a Statement in Writing, signed by the Clerk of the said Com-
pany, of all Monies received by them on account of such Light Dues
or Duties, from the passing of this Act up to that Time, and all Monies
expended by them during the same Period in constructing, erecting,
placing, ana maintaining such Lighthouses, Beacons, floating and
and trans- other Lights, Buoys, Sea-marks, and other Works, to be transmitted
mitted an. to the Clerk of the Peace for the said County of Cumberland, to be
ualiy to by
njm
laid before the Justices assembled at the First General Quarter
Sessions of the Peace in and for the said County of
Cumberland
which
3 shall
Clerk of the
Peace
6°GULIELMI IV. Cap.lx. £089
shall be held next thereafter; and that the said Company shall in.like
Manner, as soon as conveniently may be after the First Day of January
in every succeeding Year, cause a similar Statement in Writing,
signed by the Clerk of the said Company, of all Monies received and
expended by them on the same Account during the preceding Twelve
Months, to be transmitted to the Clerk of the Peace for the said
County, to be by him laid before; the Justices assembled at the First
General Quarter Sessions of the Peace which shall be held next
thereafter; and all Persons shall at all reasonable Times have full
Liberty to inspect and peruse the same Statements or Accounts, and
to take Copies
thereof,
upon paying to the said Clerk of the Peace
the Sum of One Shilling for every such Inspection, and the Sum of
Sixpence for every Copy or Extract not exceeding Seventy-two Words,
and so after that Rate for any greater Number.
XXXI. Provided always, and be it further enacted, That if the If
no
Light-
said Company shall not within Two Years next after the passing of
j??"se
°r
this Act establish any Lighthouse or fixed or floating or other Light established
in or near the Channel of the Solway Frith aforesaid, then and in within Two
such Case One Half only in Amount of the Dues and Duties granted Years, One
in respect of such Lighthouses, Buoys, Beacons, and Lights as afore- Half of
the
said shall be collected, and the Collection of the remaining Half in toViftaken.
Amount shall he suspended until such Lighthouse or fixed or floating
or other Light shall be completed and established for the Benefit of
the Shipping navigating the said Frith: Provided also, that when When the
and as soon as the whole of the Money which shall have been ex- Mo"ey ex-
pended by the said Company in and about the constructing, erecting, erecttnc"
building, placing, and maintaining such Lighthouses, Beacons, float- Lighthouses,
ing and other Lights, Buoys, Sea-marks, and other Works as afore-
&c.,
shall
said, together with Interest thereon at and after the Rate of Five have been
Pounds per
Centum
per Annum, shall have been repaid to the said interestW'and
Company, and the annual average Expence of maintaining the same the annual
shall have been ascertained, the said Dues and Duties shall be lowered average Ex-
in such Proportion as to leave a Sum equal to sucli average Expence,
Pe.ncc
al-
together with a further Sum amounting annually to One-fifth Part of t0 be'l'ow"**'
such Sum ; and such Surplus shall be deemed to be a Fund in the eied.
Hands of the said Company applicable 'to the Purpose of repairing,
replacing, and maintaining such Lighthouses, Beacons, floating and
other Lights, Buoys, Sea-marks, and other Works as aforesaid, in case
of any Loss or Damage or any other unforeseen Accident happening
to the same respectively.
XXXII. Provided always, and be it further enacted, That nothing
No
Light to
in this Act contained shall extend or be construed to extend to au-
be
exhibited
thorize or empower the said Company to exhibit or alter any Light, dowVwith-1
Beacon, or other Sea-mark, or place or lay down any Buoy for the out the
Guidance of Ships and Vessels navigating to or from the said Port, Sanction of
without having from Time to Time first obtained the Sanction in ^c Trinit>
Writing of the Corporation of Trinity House of Deptford Strond as °use'
to the Description and Power of any such Light, and the Character
of any such Beacon or Sea-mark, and the Mode of exhibiting the
same respectively, and the Description and Situation of any such
Buoy.
[Local,] 23 R XXXIII. Pro-
6° GULIELM1 IV. CapAx.
2090
Saving the XXXIII. Provided always, and be it further enacted, That nothing
Right of
the
jn this Act contained shall extend or be construed to prejudice
Trinity or derogate
fr0m
any of the Rights or Privileges of the said
Corporation of Trinity House of Deptford
Strond.
Officers of
Customs
may refuse
Cocket for
Clearance
until Dues
are paid.
For ascer-
taining Ton-
nage of Ves-
sels.
Power to
stop and
measure
Vessels.
Power to
anpoint
Dock
Master.
XXXIV. And to the Intent that the Harbour or Dock Rates or
Duties and the Light Dues or Duties by this Act authorized to be
received and taken by the said Company may be duly answered and
paid, be it further enacted, That it shall and may be lawful for the
Collector, Receiver of Entries of
Ships,
Surveyor, Searcher, or Waiter
or other proper Officer of His Majesty's Customs within the said Port
of* Carlisle or any adjoining Port, and he is hereby authorized, with
the Consent of the Commissioners of Customs for the Time being, to
refuse to receive any Entry, or to give or make out any Cocket or
other Discharge or Clearance, or to take any Report inwards or out-
wards, for any Ship or Vessel whatever subject and liable to the Pay-
ment of any of the Rates, Dues, or Duties imposed by this Act, until
the said Rates, Dues, or Duties shall be paid to the Collector ap-
pointed to receive the same, and until a Receipt under the Hand of
the said Collector for the said Duties shall be produced to the said
Collector or other proper Officer of His Majesty's Customs.
XXXV. And be it further enacted, That the Tonnage or Admea-
surement of all Ships and Vessels required to be registered by any
Act in force relating to the registering of* British Vessels, and liable
to the Payment of the Harbour or Dock Rates or Duties, or the Light
Dues or Duties by this Act imposed, shall be ascertained according
to the certified Tonnage in the Ship's Register, and the Master or
other Person having the Charge or Command of any Ship or Vessel
is hereby required to produce such Certificate of Registry at the Time
of Payment of the said Rates, Dues, or Duties to the Person who
shall be authorized to collect and receive such Rates, Dues, or Duties;
and in case of any Dispute about the same, or in case of any Dispute
in respect of the Tonnage of any Ship or Vessel not required to be
registered, or of any Foreign Ship or Vessel, then the Tonnage of any
such Ship or Vessel shall be ascertained in the Manner and accord-
ing to the Directions of any Act for the Time being in force for
ascertaining the Tonnage of British Vessels.
XXXVI. And be it further enacted, That if the Collector of such
Rates,
Dues, or Duties, or such other Person as the said Company
shall appoint, and the Master or other Person having the Charge or
Command of" any Ship, Boat, Barge, Craft, or other Vessel, cannot
agree about or otherwise ascertain the Tonnage of such Ship, Boat,
Barge, Craft, or other Vessel, then and in every such Case it shall be
lawful for the said Collector or other Person appointed as aforesaid
from Time to Time to stop, detain, enter into, measure, and gauge
the same, according to the Mode prescribed by any Act in force for
ascertaining the Tonnage of* British Vessels.
XXXVII. And whereas it is necessary, for preventing Accidents
and Inconvenience within the said Canal, and the Docks and Basins
thereof",
and for the proper Regulation and Management of the same
respectively,
6°GULIELMI IV. CapAx. 2091
respectively, that a Harbour Master or a Dock Master should be ap-
pointed ; be it therefore enacted, That it shall be lawful for the said
Company, and they are hereby authorized and required, from Time
to Time, as they shall see Occasion, to nominate and appoint any
Person or Persons to be Harbour or Dock Master or Harbour or
Dock Masters of the said Canal and the Docks and Basins
thereof.
XXXVIII. And be it further enacted, That whenever and so often Power to
as the Committee of Management of the said Company shall deem it
remove
Vcs-
necessary, for the Purpose either of repairing or of scouring, cleans- pu*poge of
ing, or washing the Whole or any Part of the Docks or Basins made repairing or
or to be made under or by virtue of the said recited Act or this Act, cleansing
that the Ships, Vessels, Lighters, or Rafts stationed or lying in such Docks-
Docks or Basins should be removed therefrom, that then and in
every such Case, after Notice to the Collector and Comptroller of
the Customs of the Port of
Carlisle,
and given by or by the Authority
of the said Committee of Management, and affixed in some con-
spicuous Place of the Custom House, and also at the House of the
said Company, the Master, Mate, or other Person having or taking
the Charge or Command of any such Ships, Vessels, Lighters, or
Rafts,
shall, within Three Days after such Notice shall have been
affixed up, remove his Ship, Vessel, Lighter, or Raft, out of
such Docks or Basins; and every Master, Mate, or other Person
having or taking the Charge or Command of any such Ship, Vessel,
Lighter, or Raft, who shall neglect removing the Ship, Vessel,
Lighter, or Raft of which he shall then have the Charge or Com-
mand, according to such Notice, shall forfeit a Sum not exceeding
Ten Pounds; and any Harbour Master of the said Company shall,
after the Expiration of the Period specified in such Notice, have full
Power and Authority to remove all such Ships, Vessels, Lighters, or
Rafts out of such Docks or Basins to such Station as to him shall
appear most fit and proper; and it shall also be lawful for the said
Harbour Master to remove any Ship, Boat, Barge, Lighter, Vessel,
or Raft which shall be so placed or lie as to obstruct the Entrance of
any of the Docks or Basins of the said Company, or prevent Ships
and Vessels having free Access thereto and Egress out of the same,
which shall not be removed by the Master, Mate, or other Person
having the Charge of such Ship, Boat, Barge, Lighter, Vessel, or
Raft, upon the Requisition of such Harbour Master; and that the Ex-
pences of such Removal shall be reimbursed by the Master, Mate, or
other Person having or taking the Charge or Command of any such
Ship,
Boat, Barge, Lighter, Vessel, or Raft, to the said Company, and
be recoverable in like Manner as any of the Penalties inflicted by the
said recited Act or this Act are recoverable.
XXXIX. And be it further enacted, That it shall be lawful for any Power to
Harbour Master or Dock Master for the Time being of the said remove
Company to remove and take away any Ship or Vessel or the Wreck Wrecks and
of any Ship or Vessel that shall be sunk in any of the Docks, Basins, or
gtri(£,j0I18'.
Cuts belonging to the said Company, or in any of the Entrances
thereto, and also any Stone, Timber, Anchor, or other Obstruction
or Impediment that may be found or arise therein ; and in case the
Owner of such Ship or Vessel or other Obstruction so to be removed
shall refuse or neglect to pay the Charge of removing the game for
the
2092
Power for
regulating
Vessels in
the Docks.
6°GULIELMI IV.
Cap.
lx.
the Space of* Three Days after Demand thereof made by such Har-
bour Master or Dock Master, or in case the Owner of such Ship or
Vessel or other Thing so removed cannot be found, then it shall be law-
ful for any such Harbour Master or Dock Master to sell the same, and
out of the Monies thence arising to retain all the Expences incurred
in removing such Obstruction, and the Charges of Detainer and Sale,
rendering the Overplus to the Person entitled to the same; and if
the Proceeds of such Sale shall not be sufficient to pay all the afore-
said Charges, then the Deficiency shall be recoverable from the
Owner of such Ship or Vessel or other Thing so removed by and in
the Name of the said Company, in like Manner as any Penalty is by
the said recited Act or this Act recoverable.
XL.
And be it further enacted, That it shall be lawful for every
Person appointed in pursuance of this Act to act as Dock Master or
Harbour Master to direct any Person having the Charge or Command
of any Ship, Boat, Barge, Lighter, or other Vessel entering into
or being within any Dock or Basin or the said Canal, to moor,
anchor, and place the same in such Situation within the said Dock or
Basin or Canal as the said Dock Master or Harbour Master shall
direct, and such Dock Master or Harbour Master shall also have full
Power and Authority to direct the unmooring, moving, or removing,
from one Part of any Dock or Basin to another Part
thereof,
or from
one Part of the said Canal to another Part
thereof,
of all Ships and
Vessels, Barges, Lighters, and Rafts, lying or being in the said Dock
or Basin or in the said Canal; and in case the Owner, Master, or
other Person having the Charge or Command of any such Ship,
Vessel, Barge, Lighter, or Raft shall refuse or neglect to place the
same as such Harbour Master or Dock Master shall direct, or to
unmoor, move, or remove the same as soon as may be after being re-
quired, then it shall be lawful for the Dock Master or Harbour
Master, and such other Persons as he shall call to his Assistance, to
moor, unmoor, move, or remove such Ship, Vessel, Barge, Lighter, or
Raft in 9uch Manner as he shall deem necessary; and the Master
or other Person having the Command or Charge of such Ship, Vessel,
Barge, Lighter, or Raft, who shall so refuse or neglect to moor,
unmoor, move, or remove any such Ship, Vessel, Barge, Lighter, or
Raft, when directed so to do as aforesaid, or who shall obstruct or
hinder such Dock Master or Harbour Master in the mooring, un-
mooring, moving, or removing any Ship, Vessel, Barge, Lighter, or
Raft as aforesaid, shall in every such Case forfeit and pay a Sum
not exceeding Ten Pounds, together with the Costs and Charges
which may be incurred by such Dock Master or Harbour Master
in the mooring, unmooring, moving, or removing any such Ship,
Vessel, Barge, Lighter, or Raft as aforesaid, to be recovered in
like Manner as any Penalty is by the said recited Act or this Act
recoverable.
XLI. And be it further enacted, That every Harbour Master or
Dock Master of the said Company shall have full Power and Au-
thority to direct the Time and Manner at and in which any Ship,
eoingouTof Vessel, Boat, Barge, Lighter, or Raft shall come into or go out of
Docks. any of the said Docks or Basins, and also the Time of opening
and shutting the Gates of any such Dock or Basin; and every
3 Master
Power to
regulate
Vessels
6°GUIAELMI IV. Cap.h. "2093
Master or other Person having the Command or Charge of any Ship,
Vessel, Boat, Barge, Lighter, or Raft, who shall act contrary to the
Directions or neglect to obey the Orders of any such Harbour
Master or Dock Master, in relation to the Manner of coming into or
going out of any of the said Docks or Basins, or who shall obstruct
or hinder such Dock Master or Harbour Master in the opening or
shutting of any such Gates as aforesaid, shall for every such Offence
forfeit a Sum not exceeding Twenty Pounds.
XLII. And be it further enacted, That if any Master or other ptM1aity on
Person having the Charge or Command of any Ship, Vessel, Boat, bringing
Barge, Lighter, or Raft shall bring any such Ship, Vessel, Boat, Barge, vl into
Lighter, or Raft into any of the said Docks or Basins, contrary to the
Jj!"^,,00"'
Directions of the Harbour Master or Dock Master of the said Directions.
Company, every Person so offending shall for every such Offence for-
feit a Sum not exceeding Twenty Pounds.
XLIII. And whereas Damage is frequently done to Piers, Quays, For Reco-
Locks, Gates, Bridges, Walls, Cranes, and other Works, by Ships, very of
Da-
Vessels, and Rafts, owing to the Wilfulness or Negligence of the
""g,.'1""'
Masters or other Persons having or taking the Command or Charge &c, '""
of such Ships, Vessels, and Rafts, and although it is reasonable that
such Damage should be compensated such Compensation is frequently
refused to be made; be it therefore enacted, That every Master or
other Person having the Command or Charge of any Ship, Vessel, or
Raft, who shall, by any wilful Neglect or Mismanagement
thereof,
damage any Piers, Quays, Locks, Walls, Gates, Bridges, Cranes, or
other Works belonging to the said Company, or to any of the Docks,
Basins, or other Works of the said Company, shall pay for and make
good all such Damage, and all such Damage shall be recoverable in
the Name of the said Company in a summary Way before any Two
of the Justices of the Peace for the said County of
Cumberland,
who
are hereby authorized and empowered to summon such Master or
other Person having the Command or Charge of any such Ship,
Vessel, or Raft doing such wilful or negligent Damage as aforesaid,
and to hear and determine the same and ascertain such Damage; and
if Judgment shall be given by them against such Master or other
Person, then it shall be lawful for such Justices, and they are hereby
authorized, by Warrant under their Hands and Seals, to levy or
cause to be levied the Sum awarded by them as the Amount of such
Damage, and for that Purpose to seize and distrain the Ship, Vessel,
or Raft doing such Damage as aforesaid, and all Tackle, Apparel,
and Furniture thereto belonging, or any Part
thereof,
and the same
to detain until the Sum of Money so awarded as aforesaid shall be
paid ; and in case the same shall not be paid for the Space of Seven
Days after any Distress so made or taken, that then it shall be lawful
to sell the same, and any Stores, Articles, or Things belonging to the
same which may be sufficient in Value, and therewith to pay and
satisfy the Money so awarded, together with the reasonable Costs and
Charges in taking, keeping, and selling the same, rendering the Over-
plus,
if any, to the Master or other Person entitled to the same,
on Demand; and in case the Money cannot be levied as aforesaid,
then by Warrant under the Hands and Seals of such Justices to cause
[Local.'} 23 S the
20.94 (TGULIELMI IV. CapAx.
the Body of such Master or other Person as aforesaid to be im-
prisoned in the Common Gaol of the said County of
Cumberland
for
any Time not exceeding One Calendar Month, unless the Sum of
Money so awarded shall be sooner paid ; and the same when levied in
manner aforesaid shall go and be paid to the said Company: Provided
that this Act shall not extend to enable the Recovery of any such
wilful or negligent Damage as aforesaid in a summary Way hereby
directed in any Case where such Damage shall amount to more than
the Sum of Fifty Pounds, but that in all Cases in which such Damage
shall amount to more than the Sum of Fifty Pounds the same shall be
recoverable by Action at Law, with Costs of Suit, by and in the
Name of the said Company ; any thing herein contained to the con-
trary notwithstanding.
Penalty
on
XLIV. And be it further enacted, That if any Person, without the
opening Authority of the Harbour Master or Dock Master of the said Com-
Dock Gates, pany, shall open or shut any Gate, Sluice, or Clew of any Dock or
c' Basin belonging to the said Company, then and in every such Case
every Person so offending shall forfeit and pay a Sum not exceeding
Fifty Pounds.
Power for
X
LV.
And be it further enacted, That in case any Master or other
Harbour Person having Charge or Command of any Ship, Vessel, or Raft which
*
>l?T
t0 r shall be moored within any Dock or Basin made or hereafter to be made
cut Hopes of , , , ,, -J ,. . . , . , . .
Vessels. by the said Company in pursuance of the said recited Act or this
Act, shall refuse or neglect, upon Demand of any Harbour Master or
Dock Master, to unloose or slacken the Rope or Chain by which such
Ship,
Vessel, or Raft shall be so moored, in order
to
give a convenient
Passage to any other Ship, Vessel, or Raft which shall be coming into
or going out of or mooring in any such Dock or Basin, or in case there
shall be no Person on board or in charge of any such Ship, Vessel, or
Raft so moored, or no Person who shall answer to and obey the Call
of the said Harbour Master or Dock Master, for the Purpose aforesaid,
then and in every such Case it shall and may be lawful for the said
Harbour Master or Dock Master to cut the Rope or slacken the Chain
bv which such Ship, Vessel, or Raft shall be so moored as aforesaid,
in order to give a convenient Passage for the Ship, Vessel, or Raft
which shall be so coming into or going out of or mooring in any such
Dock or Basin.
Harbour XLVI. Provided always, and be it further enacted, That before
Master to any such Harbour Master or Dock Master shall cut any Rope or
put Person* s|:l'c|(C,i any Chain by which any Ship, Vessel, or Raft shall be moored,
on board
^
|,avjng llo Person on board or no Person who shall answer to and
ting Uoj)cs. obey the Call for the Purpose aforesaid of the said Harbour Master
or Dock Master, such Harbour Master or Dock Master shall and he
is hereby authorized to put on board or in charge of such Ship, Vessel,
or Raft such "Number of Persons as he may think proper for the Pro-
tection and Security from Injury of such Ship, Vessel, or Raft; and
all reasonable Charges and Expences which shall be thereby incurred
(to be ascertained by any One of His Majesty's Justices of the Peace
for the said County of Cumterland) shall be forthwith paid by the
Master or Owner of such Ship, Vessel, or Raft; and in default of
Payment
2U9;>
Penalty on
cutting or
destroying
Ship Hopes
or Buoys,
&c,
not
being au-
thorized so
to do.
6°GULIELM1 IV. Cap.h.
Payment of such Charges and Expences the same shall and may be
levied by Distress and Sale of the Goods and Chattels of such Master
or Owner, or by Distress and Sale of the Tackle, Apparel, and Fur-
niture of such Ship, Vessel, or Raft, or the Timber of which such
Raft shall consist, by Warrant under the Hand and Seal of any Jus-
tice of the Peace of the said County of
Cumberland,
which Warrant
the said Justice is hereby authorized and empowered to grant.
XLVII. And be it further enacted, That if any Person not legally
authorized so to do shall wilfully cut, break, or in any Manner
destroy any Rope or other Thing by which any Ship, Vessel, Boat,
or Raft lying in any Dock or Basin of the said Company, or any Cut
communicating therewith, shall be moored or fastened, or cast or loose
any Ship, Vessel, Boat, or Raft from its Moorings, or cut, break, or
in any Manner destroy any Buoy or Rope from any Anchor, or
deface or take away, or cast, loose, or cut away, any floating Buoy or
Perch or known Sea-mark, such Person, being convicted thereof
before any Justice of the Peace for the said County of Cumberland,
shall forfeit and pay any Sum not exceeding Twenty Pounds; and
the enforcing of such Penalty shall not in any Manner lessen or affect
the Remedy which any other Person shall or may have by Action or
otherwise for any Damage or Injury which may be thereby done
against the Person committing the same.
XLVIII. And be it further enacted, That if any Person shall take Penalty on
any Ballast, Stones, or other Materials from any Part of the Shore or 'aking Bal-
Beach extending in front of the Grounds and Works of the said Com- ^hore°m ^
pany between Binnacle House in the said Parish of Bowness and
Kirkland House in the same Parish, every Person so taking away any
Ballast, Stones, or other Materials shall forfeit and pay for every such
Offence any Sum not exceeding Twenty Pounds.
XLIX. And be it further enacted, That any Wood or Timber which Timber not
shall be floated or brought within any Dock or Basin belonging to to lie in
the said Company shall not be permitted to lie or remain therein for Dock longer
a longer Time than Forty-eight Hours, without the Consent of the |,jX Hour"*
Dock Master or other Officer for the Time being of the said Company, without
and in case such Wood or Timber shall not be removed before the Consent.
Expiration of the said Forty-eight Hours, or within such further
Time as shall be so allowed as aforesaid, the Owner thereof shall for-
feit and pay any Sum not exceeding Five Pounds for every Twenty-
four Hours during which such Wood or Timber shall remain after the
Expiration of such Forty-eight Hours, or such further Time as shall
be so allowed as aforesaid.
L. And be it further enacted, That if the Owner of or the Person
No
inflam-
other combustible Matter or Thing whatsoever shall be intrusted, shall Vessels.
permit or suffer the same or any of them or any Part thereof re-
spectively to be or remain on any of the Quays or Wharfs already or
hereafter to be made or erected by the said Company, or upon the
Deck
2096
No combus-
tible Matter
to be melted
on
board any
Vessel, nor
any Gun-
powder or
loaded Gun
brought into
Dock.
(TGULIELMI IV. Cap.h.
Deck of any Ship, Boat, or other Vessel in any Dock or Basin already
or hereafter to be made by the said Company, for above the
Space of Two Hours after he shall have been required by the Dock
Master or Harbour Master of the said Company to take away and
remove the same therefrom, then and in every such Case every such
Person so offending shall for every such Offence forfeit and pay any
Sum not exceeding Ten Pounds for every Hour such Pitch, Tar,
Resin, Hemp, Flax, Faggots, Furze, Brandy or other spirituous
Liquors, Turpentine, Oil, Hay, Straw, Tallow, Grease, Shavings,
Shavings of Wood, or other combustible Matters or Things, or any
of them or any Part
thereof,
shall be or remain in the Place or Situa-
tion aforesaid after the Expiration of the said Two Hours, such Two
Hours to be computed from the Time of such Requisition ; and in
every such Case the Owner of or Person in or to whose Custody or
Charge such several Articles or other combustible Matters or Things
aforesaid shall be or be intrusted, if the same shall be lying on the said
Quays or Wharf's or any
of*
them, or the Master or other Person having
the Charge or Command of the Ship, Boat, or other Vessel on the
Deck of which the same shall respectively be, shall, at his own Cost
and Charge, maintain a sufficient Number of careful and sober Per-
sons to guard and watch over such several Articles or other com-
bustible Matters or Things aforesaid from and after the making of
such Requisition until the same respectively shall be removed ; and
in case any such Owner, Master, or other Person aforesaid shall make
default herein, every such Person shall forfeit and pay for every such
Offence any Sum not exceeding Ten Pounds.
LI.
And be it further enacted, That no Pitch, Tar, Resin, Tur-
pentine, Oil, or other combustible Matter shall at any Time hereafter
be boiled or heated by any Device or Means whatsoever on board any
Ship,
Boat, or other Vesssel lying within any Dock or Basin already
or hereafter to be made by the said Company, nor shall any Gun-
powder or loaded Gun whatever be brought into such Dock or Basin,
or be suffered to remain on board any Ship or other Vessel therein,
upon pain that every Master, Commander, or Owner of every such
Ship or Vessel shall forfeit for every such Offence any Sum not ex-
ceeding Ten Pounds.
Fire, Can
dies,
or
LII.
And for more effectually preventing Accidents by Fire within
any Dock or Basin already or hereafter to be made by the said Com-
toTe'lichted Pany» ^e lt
furtner
enacted, That if any Person shall have or keep, or
in
the
Dock,
cause to be had or kept, any Fire, Candle, or Lamp lighted within such
Dock or Basin, or on board any Ship or Vessel lying in such Dock or
Basin, at any Time whatsoever, save and except such Fires or lighted
Candles or Lamps and at such Times as shall be permitted by the
special Orders and Regulations of the said Company given in Writing
in that
Behalf,
every Person so offending shall for every such Offence
forfeit and pay any Sum not exceeding Ten Pounds.
except as
regulated
For prevent-
ing Obstruc-
tions in
going on
board Ship
in Dock.
LI
11.
And be it further enacted, That if any Person shall at any
Time hereafter in any way obstruct, or be aiding or abetting any other
Person in obstructing, in the Execution of his Duty or Employment,
any Constable, Watchman, or Person thereto appointed by or having
Instruc-
6°GULIELMI IV. CapAx. 2097
Instructions in Writing in that Behaif from the said Company or from
the Dock Master or Harbour Master of the said Company, from or in
going on board or entering into or upon or being in or upon any Ship,
Boat, or other Vessel for the Purpose of searching for or extinguishing
any Fire, Candle, or Light being or suspected to be therein contrary
to any Provision of this Act, or contrary to any Order, Rule, or Regu-
lation made by virtue of this Act, or for the Purpose of discovering
any Theft or Embezzlement committed or suspected to have been
committed in or about such Ship, Boat, or other Vessel, or for the
Purpose of quelling any Riot or Disturbance therein, or for any
other Purpose authorized by this Act, or by any such Order, Rule,
or Regulation as aforesaid, every Person so offending shall for every
such Offence forfeit and pay any Sum not exceeding Ten Pounds.
L1V. And be it further enacted, That in all Actions or Suits at Clerk of
Law or in Equity, and in all Proceedings under the said recited Act ComP^nJr
or this Act, commenced or instituted against the said Company, and !?enerai or
also in all Actions or Suits at Law or in Equity, and in all Proceedings other He-
commenced or instituted by or on behalf 01 the said Company, and leases;
also in all Prosecutions commenced or instituted by or on the
Behalf of the said Company, and in all Arbitrations, References, or
other Proceedings in or consequent upon or arising out of any such
Actions, Suits, or Proceedings, it shall be lawful for the Clerk for the
Time being of the said Company, for and on behalf of the said Com-
pany, to make, sign, seal, execute, and deliver such general or other
Release as may be deemed to be necessary for the Purpose of exon-
erating, releasing, and discharging any Person who shall or may be
produced as a Witness in any such Action, Suit, Prosecution, Ar-
bitration, Reference, or other Proceeding as aforesaid, from any Claim
or Demand which may be necessary to be released by the said Com-
pany in order to qualify such Person to give Evidence as a Witness in
any such Action, Suit, Prosecution, Arbitration, Reference, or other
Proceeding, and also to do any other Act in any such Action, Suit,
Prosecution, Arbitration, Reference, or other Proceeding which any
Plaintiff or Defendant may do in any Action, Suit, Prosecution, Ar-
bitration, Reference, or other Proceeding; and every such Release,
Act, Matter, and Thing shall be as valid and effectual, to all Intents
and Purposes whatsoever, as if the same had been made under the
Seal of or done by the said Company.
LV. And be it further enacted, That in all Cases when it may be and give
requisite for the said Company to give any Notice to any Person
^°/'^!s
?n, >
whomsoever it shall be sufficient for such Notice .to be signed by the company! L
Clerk of the said Company, without being required to be under the
Common Seal of the said Company.
LVI. And be it further enacted, That in all Cases in which it may Declaring
be necessary for any Person or Corporation to serve any Summons or what 6,,a"
Demand, or any Notice or any Writ or other Proceeding at Law or be
g°°d
Ser-
in Equity, upon the said Company, personal Service thereof upon the tice on tne
Secretary or Clerk of the said Company, or leaving the same at the Company.
Office of the said Company or of such Secretary or Clerk, or deliver-
ing the same to some Inmate at such Office of the said Company, or
[Local.] 23 T at
2098
Clerk of the
Company
may prove
Debts in
Bankruptcy.
Recovery
and Appli-
cation of
Penalties.
6°GUL1ELMI IV. CapAx.
at the last or usual Place of Abode of such Secretary or Clerk, or in
case the same respectively shall not be found or known then personal
Service thereof upon any other Agent of or Officer employed by the
said Company, or any one of the Committee of Management of the
said Company, or delivering the same to some Inmate of the last or
usual Place of Abode of such Agent or Officer, shall be deemed good
and sufficient Service of the same respectively on the said Company.
LVII. And be it further enacted, That in case any Fiat of Bank-
ruptcy shall be awarded against any Person who shall be indebted to
the said Company, or against whom the said Company shall have any
Claim or Demand, it shall be lawful for the Clerk of the said Company
for the Time being to appear, and he is hereby authorized to appear
and act on behalf of the said Company in respect of any such Debt,
Claim, or Demand before the Commissioner or Commissioners under
any such Fiat of Bankruptcy, either personally or by his Affidavit to
be sworn and exhibited in the usual Manner, in order to prove and
establish any such Debt, Claim, or Demand under such Fiat, and
such Person shall in all such Cases be admitted and allowed to make
Proof or tender a Claim under any such Fiat on behalf of the said
Company in respect-of such Debt, Claim, or Demand, and shall have
such and the same Powers and Privileges as to voting in the Choice
of Assignees, and signing Certificates, and otherwise, in respect of any
Debt admitted to be proved on behalf of the said Company, as any
other Person, being a Creditor of such Bankrupt in his own Right,
would have in respect of the Debt proved by him under such Fiat.
LVII I. And be it further enacted, That all Penalties and For-
feitures inflicted or imposed by the said recited Act or by this Act,
or by virtue of any Bye Law, Rule, or Order made in pursuance
thereof,
the Manner of levying and recovering whereof is not herein
otherwise particularly directed, may in case of Nonpayment thereof
be recovered in a summary Way by the Order and Adjudication of
any One or more Justice or Justices of the Peace for the said County
of
Cumberland,
on Complaint to them for that Purpose made, and af-
terwards be levied, as well as the Costs (if any) of such Proceedings,
on Nonpayment, by Distress and Sale of the Goods and Chattels of
the respective Offenders or Persons liable to pay the same, by Warrant
under the Hand and Seal or Hands and Seals of such Justice or Jus-
tices ; and the Overplus (if any) of the Money so raised or recovered,
after discharging such Penalty or Forfeiture, and the Costs and Ex-
pences as aforesaid, shall be returned, on Demand, to the Party whose
Goods and Chattels shall be distrained ; all which Penalties and For-
feitures not herein directed to be otherwise applied shall be paid, One
Moiety to the Informer, and the Remainder to the said Company for
the Use and Benefit of the said Company, unless such Penalties or
Forfeitures shall be incurred by the said Company, in which Case the
same shall be paid, one Moiety to the Informer, and the other Moiety
to the Overseers of the Poor of the Parish, Township, or Place within
which the Offence shall be committed, to be applied by such Over-
seers for the Benefit of the Poor of such Parish, Township, or Place;
and in case such Penalties and Forfeitures shall not be forthwith paid
it shall be lawful for such Justice or Justices and they are hereby re-
quired
6°GUL1ELM1 IV. CapAx. 2099
quired to order the Offender so convicted to be detained in safe Cus-
tody until Return can conveniently be made to such Warrant of Dis-
tress,
unless such Offender shall give sufficient Security to the Satis-
faction of such Justice or Justices of the Peace for his Appearance be-
fore such Justice or Justices, or before some other Justice or Justices
of the Peace having Jurisdiction, at such Time as shall be appointed
for the Return of such Warrant of Distress, such Time being not
more than Eight Days from the taking of such Security, and which
Security any of the said Justices are hereby empowered to take by
way of Recognizance or otherwise; but if upon the Return of such
Warrant it shall appear that no sufficient Distress could be had where-
upon to levy the said Penalties or Forfeitures, and such Costs and Ex-
pences as aforesaid, and the same shall not be forthwith paid, or in case
it shall appear to the Satisfaction of such Justice or Justices, upon the
Confession of the Offender or otherwise, that he hath not sufficient
Goods and Chattels whereupon such Penalties, Forfeitures, Costs,
and Expences could be levied if a Warrant of Distress should be
issued, such Justices shall not be required to issue such Warrant of
Distress, but they are hereby required, by Warrant under their Hands
and Seals, to commit such Offender to some Common Goal or House
of Correction for the said County, there to remain for any Time not
exceeding Three Calendar Months, or until such Penalty or Forfeiture
shall be paid and satisfied, together with all Costs and Charges at-
tending such Proceedings as aforesaid, to be ascertained by such Jus-
tice or Justices, or until such Offender shall otherwise be discharged
by due Course of Law.
LIX. And be it further enacted, That in case any Dispute, Suit, Officers of
or Litigation shall arise touching or in anywise relating to the Rates, the Corn-
Dues,
Duties, or other Monies which the said Company are or shall Pany».or
be entitled to receive by virtue of the said recited Act or this Act, nH digq1^!'
or respecting any Matter or Thing in anywise relating to the said Com- lifted from
pany, no Person acting by or under the Authority or in the Service giving Evi-
of the said Company shall for that Reason alone, or by reason of his dence-
being one of the Proprietors of the said Canal, be in any Manner dis-
qualified or incapacitated from giving Evidence in, upon, or respect-
ing such Dispute, Suit, Litigation, Matter, or Thing, nor shall any
other Shareholder in the said Company as such be so disqualified.
LX. And be it further enacted, That in all Cases in which by the justices
may
said recited Act or this Act any Penalty or Forfeiture is made re- proceed by
coverable by Information before any Justice of the Peace, it shall be Summons
m
lawful for the Justice of the Peace to whom Complaint shall be made ^ * of°
of any Offence committed against the said recited Act or this Act Penalties.
to summon before him the Party complained against, and on such
Summons to hear and determine the Matter of such Complaint, and
on Proof of the Offence to convict the Offender, and to adjudge him
to pay the Penalty or Forfeiture incurred, and to proceed in the Re-
covery of the same although no Information in Writing or in Print
shall have been exhibited before such Justice j and all such Proceedings
by Summons, without Information in Writing or in Print, shall be as
good, valid, and effectual to all Intents and Purposes as if an Infor-
mation in Writing or in Print had been exhibited ; and in all Cases
in
^100 (TGULIELMI IV. CapAx.
in which any Person convicted of any Offence under the said recited
Act or this Act shall be committed by any Justice or Justices of the
Peace to the Common Gaol or House of Correction for Nonpayment
of any Penalty or Forfeiture by the said recited Act or this.Act im-
posed for such Offence, it shall be lawful for such Justice or Justices
in the Warrant of Commitment of such Person to direct such Person
so committed to the said Gaol or House of Correction to be there
kept to hard Labour.
Power to
compound
Penalties.
LXI. And be it further enacted, That in all Cases in which any
Action or Suit shall be brought, commenced, or prosecuted against
any Person for any Penalty contained in the said recited Act or in
this Act, for Breach or Nonperformance of any Contract, it shall be
lawful for the said Company from Time to Time to compound or
agree for such Sum as they shall think proper instead of receiving the
whole of such Penalty ; but the Sum so compounded or agreed for
shall not be less than the Injury or Damage sustained by the Breach
or Nonperformance of any such Contract.
completed LXII. And be it further enacted, That in case the said intended
within Dock or Docks hereby authorized to be constructed and made shall
Seven
Years,
not be made and completed within the Space of Seven Years, to be
computed from the passing of this Act, then from and immediately
after the Expiration of the said Term of Seven Years all the Powers,
Authorities, and Privileges given by this Act shall cease and deter-
mine, save only and except as to such or so much, if any, of the said
Dock or Docks hereby authorized to be made as shall have been
declared and certified to be completed within the said Term of Seven
Years by the Justices of the Peace for the County of
Cumberland
assembled at any Quarter Sessions of the Peace to be held in and for
the said County at any Time before the Expiration of the said Term
of Seven Years, or within Six Calendar Months after the Expiration
thereof,
upon the Evidence of Two or more Witnesses.
Company LXIII. Provided always, and be it further enacted, That nothing
Land" with- in this Act contained shall extend to authorize or empower the said
out Consent. Company to purchase or take any Lands without the Consent of the
Owner
thereof.
Powers of
this Act to
cease.
Interpreta-
tion Clause. LXIV. And be it further enacted, That when in the said recited
Act or this Act the Word "Person" is or shall be used, the same
shall be understood a Body Politic, Corporate, or Collegiate, and a
Corporation Aggregate or Sole, as well as an Individual; and where.
any Word is or shall be used importing the Singular Number or the
Masculine Gender only, the same shall be understood to include
several Matters as well as one Matter, several Persons as well as one
Person, and Females as well as Males; and where any Word is or
shall be used importing the Plural Number, the same shall be under-
stood to apply to one Matter as well as several Matters, and one
Person as well as several Persons; and where the Word Lands"
is or shall be used, the same shall be understood to include Tene-
ments and Hereditaments; and where the Word " Corporation" is
or shall be used, the same shall be understood to mean Body Politic,
3 Corporate,
Je.
6°GULIELMI IV. Cap.Xx. 2101
Corporate, or Collegiate, Civil or Ecclesiastical, Aggregate or Sole ;
unless in any of the Cases aforesaid it be otherwise specially provided,
or there be something in the Subject or Context repugnant to such
Construction.
LXV. And be it further enacted, That all the Costs, Charges, Expences of
and Expences of applying for, obtaining, and passing this Act, and Act-
all other Expences in any way incident thereto, shall, in the first
place, and in preference to all other Payments whatsoever, be paid
out of the first Money which shall be raised or received under or by
virtue of the said recited Act and this Act, or either of them.
LXVI. Provided always, and be it further enacted, That nothing Saving
herein contained shall extend or be construed to extend to lessen Uightsofthe
or abate or in any Manner to affect or prejudice the Rights, Titles, ^arl °'
or Privileges of the Right Honourable William Earl of Lonsdale,
Lord of the Manor of Drumburgh in the Barony of Burgh, or the
Lord of the said Manor and Barony for the Time being, to any
Customs, Tolls, Rights, Profits, Anchorage, Royalties, anil all other
Things which are now or shall happen to come within the Limits of
the said Manor and Barony, or other Benefits or Advantages be-
longing or in anywise appertaining thereto, other than such Tolls,
Rates,
and Duties as are by the said recited Act and this Act autho-
rized and directed to be collected, received, and paid; and that
nothing herein, contained shall extend or be construed to extend to
defeat, lessen, or prejudice the Right, Title, or Interest of the said
William Earl of Lonsdale, or of the Lord of the said Manor and
Barony for the Time being, of, in, and to the free Liberty of Anchor-
age for any Barks, Barges, Boats, or other Vessels within any Part of
the Flood-mark or Shore adjoining to or belonging to any Land or
Ground heretofore Parcel of the Commons and Waste Lands within
the Parish of Bowness, as also to erect, build, or set up any Houses,
Edifices, Buildings, or Storehouses upon the said Shore within any
Part of the Lands and Grounds heretofore Parcel of the said Com-
mons and Waste Lands, for the more safe keeping, laying, and stow-
ing of any Sort of
Goods,
Wares, or Merchandizes whatsoever which
may at any Time hereafter be there imported by any Barks, Barges,
Boats,
or other Vessels whatsoever, or tor the Exportation of all such
Goods, Wares, and Merchandizes, but that he the said William Earl
of Lonsdale, and the Lord of the said Manor and Barony for the
Time being, shall and may take, receive, have, and enjoy all such
Rights, Titles, and Privileges, in as full, large, ample, and beneficial
a Manner as the same were reserved to him upon the Inclosure of
the said Commons and Waste Lands, or as he could have taken,
received, had, and enjoyed the same if this Act had not been passed;
and that the said Company, in setting out, making, and constructing
the said Dock or Docks hereby authorized to be made, shall leave
such Space or Width of Ground along the Northern or North-eastern
Bank of the said Canal, and between the said Canal and the said
intended Dock or Docks, as shall for that Purpose be first approved
of and consented to by the said William Earl of Lonsdale, or the
Lord of the said Manor and Barony for the Time being, such Appro-
bation and Consent to be testified in Writing under the Hand of the
said William Earl of Lonsdale, or the Lord of the said Manor and
Barony for the Time being.
[Local.l [23 U] LXVI I. Pro-
6°GULIELMI
IV.
CapAx.
LXVII. Provided always,
and be it
enacted, That
the
Lord
or
Lady
of
the Manor
of
Drumburgh
in the
Barony
of
Burgh
for the
Time being shall receive from every Ship
or
Boat
or
Vessel which
shall enter
any
such Dock such
Sum of
Money
as the
Lord
of the
said Manor
has
been heretofore
of
right accustomed
to
receive
as
Toll
in
respect
of
Anchorage
for or in
respect
of
every Ship, Boat,
or Vessel which
has
anchored upon
or
been moored
to any
Fart
of
the Shore
or
Beach within
the
Limits
of
the said Manor.
LXVIII.
And
whereas
it is by the
said recited
Act
enacted, that
if
the
said Company should think
it
expedient
to
borrow
any
Part
of
the
Sum of
Forty thousand Pounds (thereby authorized
to be
raised
by
the
said Company) upon Promissory Notes under
the
Common
Seal
of the
said Company,
it
should
be
lawful
for
them
so to do:
And whereas
it is
expedient that
so
much
of the
said
Act
should
be
repealed;
be it
therefore enacted, That
so
much
of the
said recited
Act
as
authorizes
the
said Company
to
borrow
any Sum or
Sums
of
Money upon Promissory Notes shall
be and the
same
is
hereby
re-
pealed
:
Provided always, that nothing
in
this
Act
contained shall
in
anywise invalidate, affect,
or
prejudice
any
Promissory Note made
before
the
passing
of
this
Act in
pursuance
of the
Powers of the said
recited
Act.
Public Act
LXIX.
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.
LONDON
:
Printed
by GEORGE EYRE and ANDREW SPOTTISWOODE,
Printers
to the
King's most Excellent Majesty.
1886.
Lord
of the
Manor
of
Drumburgh
to receive
Toll
as
here-
tofore.
Repeal
of
Power con-
tained
in
57G.3.C.13.
to borrow
Money upon
Promissory
Notes.

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