Sankey Brook Navigation Act 1830

JurisdictionUK Non-devolved
Citation1830 c. l
ANNO UNDECIMO
GEORGII
IV.
REGIS.
****************************************************
Cap.
1.
An
Act to
consolidate
and
amend
the
Acts relating"
to tlie Sankey Brook Navigation
in the
County
of Lancaster,
and to
make
a
navigable Canal
from
the
said Navigation
at
Fidler's Ferry
to
communicate with
the
River Mersey
at
Widness
Wharf,
near Westbank
in the
Township
of Wid-
ness
in the
said County. [29th
May
1830.]
W
HEREAS
by an Act
passed
in the
Twenty-eighth Tear
of
the Reign
of His
late Majesty King George
the
Second,
intituled
An
Act for making navigable
the
River
or
Brook 28G.2.
c.8.
called Sankey Brook,
and
Three several Branches
thereof,
from
the
River Mersey below Sankey Bridges,
up to
Boardman's Stone Bridge
on
the
South Branch,
to
Gerard's Bridge
on the
Middle Branch
thereof, and to
Penny Bridge
on the
North Branch
thereof,
all in the
County Palatine
of
Lancaster;
and
also
for
adjusting
the
Measure
of
Coal
to
be
brought down
the
said River
or
Brook,
and
sold within
the Town
of
Liverpool
in the
said County, certain Persons therein
named, with such other Persons
as
should
be
nominated
in
manner
therein mentioned, were appointed Undertakers,
and
were thereby
authorized
and
empowered,
at
their
own
Costs
and
Charges,
to
make
the said River
or
Brook navigable from
the
said River Mersey below
Sankey Bridges,
up the
said River
or
Brook
and the
said Three
several Branches,
and to
make
and
maintain such
new
Cuts, Canals,
or Passages
for
Water
in and
through
the
Lands
or
Grounds
ad-
{Local.~\
14 E
joining
11°GE0RGII IV. CwpX
joining or near the said River or Branches, as they should think
proper, as well for the Navigation of Boats, Fla,ts, and other Vessels,
as for the more convenient, easy, and better carrying on or effecting
the said Undertaking; and certain Rates, Tolls, or Duties were
thereby given, granted, and made payable to the said Undertakers
for Coals and other Goods, Wares, and Things carried or conveyed
upon the said Navigation : And whereas by another Act passed
in the Second Year of the Reign of His late Majesty King
2
G.3.
c.56. George the Third, intituled An Act to amend and render more
effectual an Act
made
in the Twenty-eighth Year of
the
Reign of His
late Majesty King George the
Second,
for making navigable Sankey
Brook in the County of Lancaster, and for extending and improving
the said Navigation, the surviving Undertakers appointed by the
said recited Act, together with such Person or Persons as they or
any Two of them should nominate under their Hands, were ap-
pointed Undertakers for extending, improving, and completing the
said Navigation, and were thereby empowered, at their own Costs
and Charges, to make and maintain a Cut or Canal, navigable and
passable for Flats, Boats, Lighters, and other Vessels, to be begun
within the Distance of Two hundred and fifty Yards from the lowest
Lock called Sankey Lock, and from thence to be carried on so far as
to join and communicate with the said River Mersey at or near
Fidler's Ferry aforesaid; and an additional Rate or Duty was thereby
given, granted, and made payable to the said Undertakers, to and
for the Use and Benefit of the said Undertakers and other Proprietors
of the said Navigation for the Time being : And whereas the Navi-
gation, Cut, or Canal, and other of the Works authorized to be made
by the said recited Acts, have been long since made and completed:
And whereas the said Works, and the Rates or Duties authorized to
be received by the said recited Acts, have been divided by the Pro-
prietors of the said Navigation into One hundred and twenty Shares,
and the said Shares are numbered from One to One hundred and
twenty inclusive: And whereas the making a navigable Cut or CanaJi
from or near the present Termination of the said Navigation at or
near Fidler's Ferry aforesaid, to join or communicate with tfre said
River Mersey at Widness
Wharf,
situate on the East Side of Westbank
in the Township of Widness in the said County, would be a Means
of improving and rendering more useful the said Navigation : And
whereas it is expedient that the Proprietors of the said Sankey
Brook Navigation should be incorporated, and that the Provisions of
the said recited Acts should be consolidated and amended: 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 and Temporal,
and Commons, in this present Parliament assembled, and by the
Recited Acts
Authority of the same, That from and after the passing of this
repealed. Act the said hereinbefore recited Act of the Twenty-eighth Year
of the Reign of His said late Majesty King George the Second,
and the said hereinbefore recited Act of the Second Year of the
Reign of His said late Majesty King George the Third, and all
and every the Powers, Authorities, Matters, and Things therein
respectively contained, shall be and the same are hereby repealed :
Provided nevertheless, that the Repeal of the said Acts or either of
them
1214
I1°GE0RGII IV. Cap.l 1215
them shall not annul, or in anywise prejudice or affect any Purchase, Kepeal not
Sale,
Conveyance, Grant, Agreement, Security, Act, Matter, Proceed- to affect
ing, or other* Transaction or Thing whatsoever already made, done, Matters
executed, transacted, commenced, or instituted under or by virtue ^com-6
or in pursuance of the said Acts or either of them, or otherwise by menced.
or on behalf of the Proprietors of the said Navigation, but that all
such Purchases, Sales, Conveyances, Grants, Leases, Agreements,
Securities, Acts, Matters, Transactions, Proceedings, and other
Things shall be and the same are hereby declared to be as good,
valid, and effectual, to all Intents and Purposes whatsoever, and shall
or may be completed and terminated in like Manner as if the said
Acts respectively were not repealed by the Authority of this Act.
II,
Provided always, and be it further enacted, That nothing herein Repeal not
contained shall extend to prevent the suing for or recovering of any t0 Prevent
Penalty incurred by any Offence against the Provisions of the said o^PenalTieZ
Acts hereby repealed, or either of them, previously to the passing of andPunish-
this Act, or to prevent or defeat any Prosecution commenced or to ment 0f
be brought for any such Offence ; but all Penalties which may have °ffenders
been incurred before the passing of this Act, under the Provisions ofctg#r ormer
the said Acts hereby repealed, or either of them, may be sued for,
and all Offences which may have been committed before the passing
of this Act, against the Provisions of the said Acts hereby repealed,
or either of them, may be prosecuted in the same Manner, to all
Intents and Purposes, as if this Act had not been passed.
III.
And be it further enacted, That from and after the pass-
The
Com-
ing of this Act, all Persons who now are Proprietors of Shares of pany incor
and in the said Navigation and Canal, together with such Persons, Plated.
Body or Bodies Politic, Corporate, or Collegiate, as shall at any
Time or Times hereafter be or become Proprietors of One or more
Share or Shares in the Capital hereinafter mentioned, shall be and
they are hereby united into, and they, their several and respective
Successors, Executors, Administrators, and Assigns, Proprietors for
the Time being of any Share or Shares of and in the said Navi-
gation and Canal, and the Capital or Joint Stock of the Company
hereby established, shall for ever remain a Company for the better
carrying on and maintaining the said Navigation and Canal, with the
Works and Appurtenances thereto respectively belonging, and also
for making and maintaining the Cut or Canal hereinafter authorized
to be made, and the Works to be connected therewith, according to
the Rules, Orders, and Directions hereinafter contained, and for
that Purpose shall be one Body Corporate by the Name and Style
of " The Company of Proprietors of the Sankey Brook Navigation,"
and by that Name shall have perpetual Succession, and shall have a
Common Seal, and by that Name shall and may sue and be sued, and
shall have full Power to purchase and hold Lands, Tenements, and
Hereditaments, to them, their Successors and Assigns, for the Pur-
poses of this Act, without incurring any of the Penalties of the
Statutes of Mortmain, and shall have Power to sell and dispose of any
Lands, Tenements, and Hereditaments hereby vested in them, or to
be hereafter purchased or taken by them in the Manner directed by
this Act. IV. And

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