Worcester and Birmingham Canal Navigation Act 1815
| Jurisdiction | England & Wales |
| Citation | 1815 c. lxvi |
ANNO QUINQUAGESIMO QUINTO
GEORGII III. REGIS.
Cap.lxvi.
An Act for enabling* the Company of Proprietors of
the
Worcester
and Birmingham Canal Navigation
to complete and extend their Works, and for better
supplying the said Canal with Water; and also for
vesting in Trustees for the said Company of Pro-
prietors His Majesty's Right and Interest in cer-
tain Lands and Hereditaments in the Parishes of
King's Norton and Nortkfield in the County of
Worcester, forfeited to the Crown.
[7thJwie 1815.]
W
HEREAS by an Act passed in the Thirty-first Year of the
Reign of His present Majesty King
George
the Third, intituled
An Act for making and
maintaining
a navigable Canal from or
31G.
3.
c.
59.
from near to the Town of Birmingham in the
County
of Warwick, to com-
municate with the River Severn, near to the City of Worcester, certain
Persons therein named, and their respective Successors, Executors, Admi-
nistrators, and Assigns, together with such Person or Persons as they
should nominate and appoint under their Hands and Seals, were united into
One Body Politic and Corporate, for carrying on, making, completing, and
maintaining a Canal, navigable and passable for Boats, Barges, and. other
Vessels, from or from near the said Town of Birmingham, to join and
communicate with the River Severn at Digits, near to the City of Wor-
[_Local.~\ 19 B. cester,
1662 55°GEORGII III. CapAxxl
cester, by the Name of w The Company of Proprietors of the Worcester
and Birmingham Canal Navigation;" and by that Name were to have
perpetual Succession and a Common Seal, with Power and Authority to
purchase Lands, to them and their Successors, for the Use of the said
Navigation and Works thereby authorized to be made; and to erect and
set up such Engines or other Machines for supplying the said Canal with
Water, and to make such Bason or Basons, Reservoir or Reservoirs,
Feeder or Feeders, Leader or Leaders, as to them should seem meet,
provided the same were only made between the Entrance of the Parish of
Tardebig and Digits Meadow, necessary or proper for supplying the said
Canal with Water from and out of the River Severn aforesaid, and working
the Engines and other Machines to be erected and set up between the
Places aforesaid ; but the said Company are by the said Act restricted from
making any Reservoir for the Supply of the said Canal on the Lands of
any Person or Persons between the Town of Birmingham and the Entrance
of the Parish of Tardebig; and the said Company are also restricted from
taking or using for supplying the said Canal any Water from or out of
(among other Places) Bourne Brook, and the Rivers Salwarp, Red, and
Arrow, any or either of them, or from or out of any Rivulet, Brook,
Stream, or Watercourse which runs into Bourne Brook aforesaid, and the
said Rivers Salwarp, Rea, and Arrow, any or either of them, or from or
by means of which the said Rivers or Brooks called Bourne Brook, Salwarp,
Rea, and Arrow, any or either of them, are or is supplied with Water,
and from diverting, altering, or changing the Course of any such Rivulet,
Brook, Stream, or Watercourse; and for the Security of the Owners and
Occupiers of the Mills on the said River Rea, the said Company of Pro-
prietors were thereby required, at their own Expence, immediately after
the making of the said Canal over the River Rea, to make and complete
Three Reservoirs, one of which was to be made on the Estate then of
Hankins Widow, but now of William
Shbrthouse,
in the Parish of King's
Norton in the said County of
Worcester,
then in the Occupation of John
Green, but now of William Howes, covering Twenty Acres of Land, and
one other of such Reservoirs on the Estate therein described to be of the
Honourable William Williams Hewitt, but now of Thomas Dobbs, then in
the Occupation of the said Thomas Dobbs, near to a Place called Lifford
Mill in the Parish of King's Norton aforesaid, covering Nine Acres of
Land, with proper and sufficient Pipes to be laid into the said Reservoirs,
and proper Leaders and Gutters from the said Reservoirs for conveying
the Water for the Use of the said Mills; and the said Company were by
the said Act authorized and empowered to raise and contribute amongst
themselves, in such Proportion as to them should seem meet, such Sum or
Sums of Money for making, completing, and maintaining the said Canal,
the Reservoirs, Feeders, Ways, Quays, Wharfs, Landing Places, and
other Works and Conveniences to the same belonging or requisite, as should
be judged sufficient, not exceeding the Sum of One hundred and eighty
thousand Pounds, to be divided into One thousand eight hundred Shares,
at a Price not exceeding One hundred Pounds per Share; and if that
Sum should be found insufficient for the Purposes, then the said Company
of Proprietors were thereby authorized to raise and contribute amongst
themselves, or by Mortgage of the said Undertaking in manner therein
mentioned, any further Sum of Money for the Purposes of the said Act,
not exceeding, the Sum of Seventy thousand Pounds; and Commissioners
were appointed by the said Act for putting the Powers thereby vested in
9 them
55°GEORGII III. CapAxvl 1603
them into Execution: And whereas by another Act passed in the Thirty-
eighth Year of the Reign of His said present Majesty, intituled An Act fon 38G.3.C.33.
amending and
enlarging
the Powers of an Act passed in the Thirty-first Year
of the Reign of His present Majesty, intituled 'An Act for
making
and main-
' taining a navigable Canal from or from near
to
the Town of' Birmingham
' in the
County
of Warwick, to
communicate
with the RiverSevern, near
to
' the City of Worcester,' the said Company of Proprietors were authorized
and empowered to raise Money, either by Subscription amongst themselves,
or by the Admission of new Subscribers, or by Mortgage of the Rates
authorized to be collected on the said Canal, or by granting Annuities with
Benefit of Survivorship, or otherwise, any further Sum or Sums of Money,
not exceeding in the whole the Sum of One hundred and forty-nine
thousand nine hundred and twenty-nine Pounds One Shilling and One
Penny Halfpenny, to enable them to finish and complete the said Canal,
and the several Works directed to be made, and to answer the other Pur*
poses of the said first-mentioned Act j and in case the said Sum of One
hundred and forty-nine thousand nine hundred and twenty-nine Pounds
One Shilling and One Penny Halfpenny were raised by Subscription»;the
same was to be divided into Two thousand one hundred and fifty-nine
Half Shares, each Half Share to be of the Value of Sixty-nine Pounds
Eight Shillings and Ten-pence Halfpenny: And whereas by another Act
passed in the Forty-fourth Year of the Reign of His said present Majesty,
intituled An Act for enabling the
Company
of Proprietors of the Worcester 44G.3.C.35.
and Birmingham Canal Navigation to raise Money to discharge their Debts
and to
complete
the said Canal Navigation, and for amending the several
Acts passed for making the said Canal Navigation, the said Company of
Proprietors were thereby authorized to raise, pay, and contribute among
themselves, proportionally and rateably, according to the Amount of the
Sums of Money then already advanced by them, or which they were
liable to pay in respect of their several Shares in the said Navigation, by
or under the said first-recited Act, any Sum or Sums of Money, not ex-
ceeding in the whole the Sum of Forty-nine thousand six hundred and
eighty Pounds, for the Purposes therein mentioned, being Twenty-seven
Pounds Twelve Shillings on each Share, and no more ; and it was made
lawful for the said Company of Proprietors, at any General Assembly to
be holden agreeably to the Direction of the said Act of the Thirty-first
Year of the Reign of His present Majesty, or the now recited Act, or for
their Committee for the Time being, to make any Call or Calls for Money
from the Proprietor or Proprietors of a Share or Shares in the said Canal
Navigation, in order to raise the said Sum of Forty-nine thousand six hun-
dred and eighty Pounds, in the Manner and subject to the Regulations
therein-after mentioned: And whereas by another Act passed in the Forty-
eighth Year of the Reign of His said Majesty, intituled An Act to amend 48G.3.C.49.
and
enlarge
the Powers of the several Acts relating to the Worcester and
Birmingham Canal Navigation, reciting the said Three former Acts, and
further reciting that the said Company of Proprietors of the
Worcester
and
Birmingham Canal Navigation had not been able to raise, by virtue of the
Powers of the said recited Act of the Thirty-eighth Year of the Reign of
His present Majesty, any Sum or Sums whatsoever (save and except the
Sum of Four thousand Pounds, which they had borrowed on Mortgage
by virtue of the Powers of the said recited Act) j and that the said Com-
pany had proceeded in making and completing a very considerable Part
•
of the said Navigation and Works by the said Acts authorized, and had
expended
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