York and North Midland Railway (York and Scarborough) Act 1844

JurisdictionUK Non-devolved
Citation1844 c. lxi
ANN0
SEPTIMO
&
OCTAVO
VICTORIZE
REGINB.
Cap.
Ixi.
An
Act
for
eiiabling
the
York
and
North
Midand
Railway
Company
to
make
a Railway
from
York
to
Scurborozcgh,
with
a
Branch
to
Pickering.
[4th
July
1844.1
HEREAS
an Act
was-
passed in the Sixth Year
of
the
Reign
of
His late Majesty King
William
the Fourth,
intituled
An
Act
for
making
a
Railway
$+ana
the
City
of
6
EC.
7
w.
4.
York
to
and into the Township
of
Altofis,
with
various
Branches
of
c.81.
Railany,
all
in
the West Riding
of
the County
of
York,
or
Count?/
of
the said
Cdy:
And whereas another Act was passed in the First
year
of
the Reign
of
Her present Majesty, intituled
An
Act to alter
7
W.
4.8
the Line
of
the
York and North Midland
Railway
;
and to amend the
3.
Vict.
C.
68.
Act relating thereto:
And whereas another Act
was
passed in the
Fourth Year
of
the Reign
of'
Her said present Majesty, intituled An
4
EC.
:i
Vict.
Act
to
enable the
York and North Midland
Railway Company
to
c.
7.
mist>
(I;
*further
Sum
qf
Money
to
make
a
certain Approach to the said
Kai1u;cy;
and to amend the Acts relating thereto:
And whereas the
Formation
of
a Railway commencing from or near the Main Line
of
the
Yoi*k
and
iVorth
Xdltrnd
Railway near the City
of
York,
and
thence to thc Borough of
Scarborough,
with
a
Branch therefrom
to
[
Loc.al.]
27
Y
Pick
wing,
24%
7"
&
8"
VICTORIE,
Cup.Isi,
Pickering,
in the said County of
York,
would be of pul)lic Adva~l-
tage,
by
opening
an
additional and expeditious Means
of'
Comm~tiiica-
tioii between
Scnrboi.ozcgl~
and
Piclcei.ing
aforesaid and the City
of'
York,
and the West Riding of
the
County
of
York,
and
bv facili-
tating Communication between more distant Towns
and
i'laces
:
And whereas the
York
and
North
Jfidlai2d
Railway C'o~upany, incor-
porated
by
the first herein-before recited Act, are willing to makc
such Railway and Branch
as
aforcsnid,
if
authorizcd
niid
empowered by
Parliament
so
to
do: May it therefore please
Your
hI;Ljestv that
it
may
be
enacted
;
aiid be it enacted by the
QLiccn's
iiiost l?xccllent
Majesty, by and with the Advice and Consent
of
the Lords Spiritual
and Temporal, and Commons, in this prescn
t l'arliumcnt assciiibled,
and by the Authority of the sainc, That, subject to tlic l'ro\isioiis
herein-after contained,
it
shall
be
lau
fill for tlic
xticl
C01iip:11iy to
make and maintain
a
Railway, with all proper l\'orlis and
Conye-
iiiences connected therewith, aceorcling
to
the l'lans and Sections
herein-after mentioned, coniniencin~
by
a
Junction with tlic Line
of the Itailway belonging to the
Z'orlc
roitJ
L7TortlL
illitlltrnd
lhilway
Company and the
Gretrt North
of
Engltind
Itailn-ay Company, or one
ofithem, near thc said City
of
Yui./c,
passing in
or
tlirougll tlic
scwral
Parishes, Townships, Libertics,
and
Extra-parochial
or
otlicr
I'laccs
following, or some
of
them
;
(that is to
my,)
St.
Uo:i/
Bisliophill the
younger,
St.
Olcrvc
nfirly&r(tte,
St.
~~~iic.Jiriel-l(~-Bc~~.(~~,
and
8t.
Giles,
in the County of the City
of'
York
;
St.
0ltrc.i~
Mi!;riy,gtrto, ,Yt. nficlrcd-
le-Belji*ey,
St.
Giles,
Cl$ton,
Htw*o~*fli,
Hit12
ting ton, Ihst Hiozfiiigto?i,
West
Uuntiiigtoii,
Ertrsroick,
Jfii.rby,
W(qyi~~toj~,
i(brrtItoiy)c~,
Stock-
ton
otherwise
Stockton-oii-tlie-Ei.cst,
Sti.emtill,
Erist
Lilliirg,
FVest
Lilling, Lillings
L4iiibo,
Stittenliciiii,
Corii6roitgh,
81itirif
Hutton,
Fln.rton
olherwise
Flii.z.fo1i-oii-tlie-,7/00,~,
Sct
ttoii
otlicrwisc-
Slttfoii-oil-
flie-Foi*est, FVui*tliill,
S~nd
Ifittfon,
CI~n.~.toii,
IbsstifI,
IItii*tou, Burton-
le-
Willows, Tlior)iton-lc-
Clti*y,
Foston,
Wliifrtdl
otlicrn.isc
?/T'liific-ell-
on-tile-Hill,
Cminbe,
W(~lburn,
Buhi(~r,
High
Irkt
ftotr,
Lor(.
Hutton,
Hzi
tt
on
.E
Ai11
b
0,
lye
~r
Nulio
n
,
,Yt.
Leo
n
f!;r
id
A?
til
AI(i
1
to
it,
St.
il
Zidi
fie1
iXew
iiAr
l
f
on,
Old
JIttrlfoii,
Jlii
rislics
other
K
i
se
PicX.ei.itig
Jltr
i.
isli
cs,
I
Wycoi~i
L,
ICirkhy
Xispc~i~toii,
TI1
oix
f(J1L
0
tlic~v
ihc
TI1
orrltw
ti
Dale,
Ellerbwn,
Ftri*mr116y,
Pick(~riiig,
AislttJy,
Niddlt~to~~, I1iv)iipto~i
otlierwise
Su*iiit>
Ui*oiiiptoir, Stinin
foil,
Ilitsto~t,
Jl~~/LoJitiiii,
A'tvoiici*,
East
.Ayton, Irto
11,
C(i,yton,
Cty
[on
Docyi
Dnl~
with
Ki1tei4y,
Osgotlly,
Fulsgrure
otherwise
Fl'nlsgmrc,
and
S'ccrrhoi*ougll,
in the Sortli 12iding
of thc County of
Ihrk
;
IGdllt~~~~,
Firf)?],
P?r(>sfoliq,
dtfdletlto~pc,
M&
nytii
orp,
.l3zrryf/i
oi
pe,
Ken
iiayfli
orye,
1;tt
ngton
,
JVdh
It
?)I,
1Yoi.f
on,
Scaggletliorp, Settring
foil,
IAin
foir
,
Sctrtnps
f
011,
Ililliilgtoi?,
Knnpf
on,
Win t
ringli
n
it
2,
ZGd
iglr
n
II
I,
Wes
i
mslc
i-to
I
1,
I
t
If
es
le
1.
f
o
11
,
SI1
er-
burn,
Gcc
n
to
;?,
Uro
iiipt
o
i~
o
t hcrwi
se
Po
f
to*
Bi*o~itp
f
o
12,
I_Ziii
12
iiig.to
n,
Willedy, Stuxton, Hixton,
mid
Folkto)?,
in the East Riding
of'
the
County of Yo
TIC
;
I;irls,nrcr
re
othc rwi
se
Pi41
lsgi~i
L'
(1,
and
St~i
i4
o
1.0
ugh,
in the said County of
Ydc,
and tcrniiiiating at or near the Town
of'
S'carCoi*oztgl~
dhresaid
in,
at, or near
a
certain k'icld belonging to
Aohn
Woodnll
Esquire
;
aiid also
a
Branch Railway, with all proper
Works and Conveniences connected therewith, according to the Plans
and Sections herein-after mentioned, conimcncing from aiid out
of
the
Railway
by
this Act authorized to be
made
as
aforesaid in the Town-
ship and Parish of Ilillington, and passing through the following
4
Places,
Hailwag-
Potver
to
innkc
thc
9"
&
8"
VICTORIE,
Cizplxi.
2479
Places,
or
some
of them; (that is to say,)
Billington,
Scnnzpston,
1Marisli
es
other wise
Pickering
il.ltr
r
is
Ir
es,
and
Piclre
ring
afore said, and
terminating
by
a
Junction with the
TVliifby
am!
Pickering
Itailmay
at
Pickerin,g
aforcsaid
;
and
for
such Purpose to enter upon, take, and
use such of the Lands dclincated
on
the said l'lans, and referred
to
in
the Books
of
Reference depositctl and to be dcposited therewith,
as
herein-after mentioned,
as
shall
be
necessary
for
making thc said
intendcd Kailway
and
Branch, and
Works
and Convenienccs
;
and
~lni~wny
to
such Itailway
and
Branch,
and
Works
and Conveniences, wlieii re-
be
]'art
of
spectively
macle,
shall
be
Part of' tlic Uncicrtaking of the
York
(rnd
taking
i%rfh
~~id/trnd
Itailway, and
as
such subject to thc l'rorisions of the
York
ancl
several Acts relating thereto, except
so
fhr
as
such Provisions may
be
Sort11
Mid-
hereby altered,
or
the Objects thereof othcrwisc provided
for.
the
Under-
land
Ilail-
way.
11.
Provided always, and be it enacted, That nothing in this Act
Itniiwaj
riot
containcd shall enable the Company to construct
my
l'art of their
to
P,!SS
Railway
or
Works,
or
to cntcr upon or take any Land
for
the Pur- ~,"~~f'~!''
poses thereof, in the To~~~~sl~ip of
CliJoi~
aforcsaid, without thc
Clifton
\,
itll-
previous Consent in Writing of all and
every
tlie
Owners
and Occu-
out
Consellt.
piers of the Lands in tlic
said
Township required for the said Ilailn-ay
and
Works.
111.
And whereas two alternative Lines
of
Railway arc laid
down
FE::bc
on
the Plans herein-before referred
to,
bctwecn
the
Parish of
Bosscill
ndoptecl
and
the
l'aridi of
1litfton.y
Am/)o,
each
OF
such Lincs commencing at
between
tile
the
Point marld
(A.)
in
a
E'icld nuriibeucd
54
in the
Parish
of I'xis11
ob'
Bossnll
aforesaid, and terminating at
a
Point marked
(B.)
in
a
Wood
~~~~~~~~(~c
numbered
4
b
in the Parish of
H/iffom
,!fr/ibo
aforesaid
;
be
it enacted,
Hllttons
That the Soutlicrnmost of thc said Lines, as laid down on the Plans
iitllbo.
aforesaid, shall
be
the Line to
be
adopted
for
the l'urposcs of tlic
Itailway
;
and
notliing hcrcin contained
slid1
cnablc the Company to
purchase or talx any of tlic Lands
o:i
tlic Sort1:ern:nost Line,
as
laid
down
on
thc Plans aforcsaid, wliicli
would
not
be
iiecessnry
foy
the
k'ormation of tlic said Line hcrclig directed to
he
adopted.
IV. And be
it
enacted, That all l'rovisi:ms, Matters, and 'rhings
ExtencIing
contained in thc said recited Acts
or
any
or
cithcr of them, except
~rovisionso*
sucli
of
tlicni
as
arc
rcpcaLIcd,
MI,
in
such
~nnncr
:is
the snit1 Pro-
kr:;:~i
i";!
vibions, Matters,
and
Things have hen
or
shall
be
altered
or
varicd
by
;in? general Act,
or
any
of
the
recited Acts
or
thi.; Act, extend to
this Act, :und to
the
scvcral l'urposcs
and
Things
hereby
authorized
to be effected and done,
as
fdly and effectually
as
if
the
sxiic Pro-
visions, Matters, and Things
now
repcalctl, or
so
altcrcd or varicd as
aforesaid,
wcre
repeated
and rc-cnacted in this Act in rcfcrcnce to
such Piqoses and Things.
V.
And whereas the estimatccl Espencc of making tlic said in-
Pt;\vcr
to
tended Railmy
and
Branch,
and
the
Works
and
Conveniences to
be
~~~~oo31,
connected thercwi th rcspectively, is
Two
hundred and sixty thousand
in
sllal
cs.
Pounds
;
be
it
therefore enacted, That it shall
be
lawful for the Com-
pany to raise,
by
creating new Shares, in addition to the Capital
which they arc at present authorized to raise, any
Sum
of
Money
not
exceeding
Two
hundred and sixty thousand Pounds.
VI.
And
2480
7"
&
8"
VICTORIB,
Cap.
Ixi.
New
Sibare6
VI.
And be it enacted, That the Capital
so
to be raised by the
to
be
co'lsi- Creation of new Shares shall be considered
as
Part
of'
the general
dered
tlic
saiue
as Capital of the Company, and shall be subject to the same Provisions
origiiial
in all respects
as
if it had been Part of the original Capital, except
Sllam.
as
to the nominal Amount or Value of such Shares, and the pro-
portionate Dividends thereon respectively, and except
as
to the
Aniount and Tilne and Payment of Calls on such new Shares,
which the Directors
of
the Company shall fix from Time
to
Time
as
they think
fit.
The
Coni-
VII.
And be it enacted, That if any Shareholder in the Company
P~V
l1laY
shall for One Month after the passing of this Act fail to pay any of
the Instalments called for in respect of the new Shares allotted
to
dispose
of
Shares
oil
\rllicl~
Instal-
them, it shall be lawful for the Companjr to dispose of such Shares
inelits
not
to any other Shareholders in the Company, or to any other Person
paid
willing to become the Purchasers thereof, for such Sums as the Com-
pany can obtain for the same, or othermise
as
they shall think proper,
or to retain for the Benefit of the Company such Shares
as
to which
there shall have been such Failure of Payment, or any of them.
For compel-
ing
Payment
of
Subscrip-
tions.
l'om
e
r
to
borrow
3Ioney.
VITI.
Provided always, and be it enacted, That in the event of
any of the said Shareholders failing to pay the Price at which the
new Shares may be allotted
to
them, then and in such Case the several
Parties who have subscribed or may hereafter subscribe towards
the Formation of the Railway by this Act authorized shall and they
are hereby respectively required, if required
so
to do by the Directors
of the Company, at any Time within Twelve Months after the
passing of this Act, to make good the Deficiency occasioned by such
default in proportion
to
the Amount
of
their several Subscriptions,
and the Company shall have the same Powers for enforcing the Pay-
ment of such Subscriptions
as
by the said recited Acts or any of
them, or
by
this Act, they mould have for ciiforcing the Payment of
Calls
011
the Shareholders
:
Provided always, that the several Sub-
scribers who may be called on to pay and shall pay any such Sum of
Money under this Enactment shall, in respect
of
such Sum,
be
entitled to
a
Share in the Capital Stock of the Company of the full
Value
of the
Sum
so
paid.
IX.
And
be
it enacted, That after One Half of the Sum by this
Act and tlic said recited Acts authorized to be raised by Shares
shall haw been paid up, it shall be lawful for the Company to borrow
on
Mortpge
or Bond such Sum or Sums of Money as shall
at
any
Time or from 'rime to Time be authorized to be borrowed by Order
of
a
General Meeting of the Company, not exceeding in the whole,
exclusive of the Sums authorized to be raiscd
as
aforesaid, the Sum of
Eighty-six thousand two hundred Pounds, and to secure the Repay-
ment of the Money
so
borrowed, with Interest, by Mortgage of the
Undertaking,
as
established by this and the said recited Acts, in
manner in the said recited Acts mentioned, and (if they
so
think fit)
of the future Calls or any
of
them to be made on the Shareholders,
or to give Bonds in manner herein-after mentioned.
X.
And
Cap.
Ixi.
248
1
X.
And
be
it enacted, That if after having borrowed any Part
of
Reborrow-
the Money
so
authorized to be borrowed on Mortgage
or
Bond
as
‘”E
aforesaid, the Company shall pay
0%
the same,
it
shall
be
lawful for
thcni
again to borrow the Whole or any Part or Parts
of
the Amount
so
paid
off,
and
so
from Time to Time as often
as
shall be found
nccessary.
XI.
And be it cnacted, That evcry Mortgage and Bond for securing
Mortgages.
RIoney borrowed by the Company under the Powers of this Act
shall bc undcr the Common Seal of the Company, and evcry such
Mortgage may
be
according to the Form prcscribed by thc said first-
rccitcd Act,
or
to the like Effect; and every such Bond may be
according to thc Form in the Schedule (A.) to this Act annexed, or
to the like Effect.
XII.
tind bc it enacted, That evcry Mortgage, Bond, or other
Mortgages
Security for Money, and evcry Transfer of any Sharc, Mortgage,
and
Trans-
Bond,
or
othcr Security for Money, to be granted or made by virtue
of
fers
to
be
stamped.
this Act, shall be by
Deed
duly stamped, wherein the Consideration
for the same shall be duly stated, any thing herein
or
in the said
rcci tcd Xc ts con taincd
to
the contrary notwithstanding.
XIII.
And be it enacted, That the rcspective Mortgagees shall be
RigIitsof
entitlccl one with another to their rcspective Proportions
of
the Tolls,
Mortgagees.
Sums, and l’reniiscs compriscd in such Mortgage, according to the
rcspective Sunis in such Mortgages mentioned to be advanced by
such Mortgngecs respectively, and to be repaid the Sums
so
ad-
vanced, with Tnterest, without any Prcfcrcncc one over another by
reawn
of Priority of the Date
of
any such Mortgage,
or
of the
Mcctiiig
at
which the same
was
authorized, or on any other Account
whatsocvcr
.
XIV.
Provided always, and be it enacted, That all Mortgages
Mortgagees
already
entered into under the Powers of thc
said
recited Acts,
or
any
under former
or
either of them, shall during the Continuance thcrcof have Priority
~~~r~{.have
ovcr the Sccuritics by this Act authorizcd to
be
givcn.
XV.
And be it enacted, That it shall be lawful for the Company,
Power
to
if
they
think fit, to raise the additional
Sum
so
authorized to be
bor-
ConvertLOan
into
Capital.
roivecl
as
aforesaid,
or
any Part thcrcof, by creating new Shares of the
Coiipuiy in such Manner
as
they may think fit, instead of borrowing
the sanic,
or,
having borrowed thc same, it shall be lawful
for
the
Company
to
continue at Interest only
a
Part of such additional Sum,
if they
so
think fit, and to convert the Remainder thcreof, or any
Part
of’
thc Ilernaindcr thereof; into ncw Shares of the Company in
iiianiicr aforesaid
;
but no such Augmentation of Capital
or
Conversion
shall
take place without the Authority
of
an
Order of
a
Gcncral
hlceting of the Company called for the Purpose previously obtained.
XVI. Anti
be
it enacted, That the Proprietors
of
any Shares
As
to
Votes
created untlcr the Powers of this Act shall
be
entitled to such
of
Proprie-
Nunibcr
of‘
Votcs in rcspect thcreof;
as
any Gcneral or Special
tors
of
iiew
General Meeting of the Company, as the nominal Amount rcpre-
[Local.]
27
Z
scntcd
2482
Power
to
purchase
Lands.
Parties
7"
&
8"
ViCTORIE,
Cq.
lxi.
sented by such Shares would
have
entitled them to
if
they had been
possessed
of original Shares in the Undertaking
;
and
no
Proprietor
shall be entitled to aiiy Vote
in
respect of Shares representing 1eh.s
than
Two
hundred
and
fifiy Pounds
of
the Capital Stock
of
the
Company.
XVII. And be it enacted, That, subject
to
the Provisions of this
Act, it shall be lawfiil for the
Conipany
to agree with the
Owners
of'
the Lands, idiich thcy
are
liercby authorized
to
enter into and take
for the Purposes of the Railway
and
Works
by
this Act authorizcd to
be made, for the absolute Purchase for
a
Consitleration in Money of
any such Lands,
or
such Parts thereof
as
thcy shall think proper, and
of
all subsisting Leases therein, and of all ilcnt-charges, Annuities,
Mortgages, or Incumbrances aff'ccting any such Lands, and a11
coin-
nionable or other Rights to which
such
Laiids niay
be
subjcct, aiid all
other Estates or Interests
in
such
Lands
of what Kind socvcr.
XVIII. And
be
it
enacted, That
it
shall
be Ian-fill for
all
or any
of the following Partics, being sciscd, possessed
of,
or entitled
t'o
ally
such Lands, or any
such
Estate
or
Interest tlierein
as
aforesaid,
to sell and dispose
of
and
convey
or
release the saiiie to the Conipany,
and to enter into
a11
ncccssary Agrcciiients for that Purpose
;
(that
is to say,) all Corporations, Tenants in Tail
or
for Life,
or
for
any
other partial
or
aualified Estatc
or
Intcrest, niarried
\Voinc.n
seised
or
under
Disa-
bility enabled
to
sell and
convey.
entitlid
in
thcir
kvn
Right or ciititlcd to
lhwr,
Guardians, Comiiiit-
tees of Lunatics
and
Idiots, Trustccs
or
1:coffecs
in
trust
for
charitablc
or
other Purposes,
and
Exccutors and Adiiiiiiistrators
;
and
the
Poivcr
so
to
sell and
convcy
or release
as
aforesaid inay lawfully
1)c
cscrciscd
by all such Partics,
not
only on behalf of theniseli~s and thcir rcspec-
tiw Heirs, Executors, Administrators,
and
Succcssors, but
also
for
and
on
behalf of every Person cntitled or ivho inay become entitled
in reversion,
remainder,
expectnncy, or otherwise after thcni, if inca-
pacitated, unborn, or not to be found, and
as
to such married
~\\-onien
as if they were
sole,
ancl
as
to
such Guardians
on
behalf of their
Wards,
and
as
to
such
Coniniittccs on behalf of the Lunatics aiid
Idiots of
whom
thcy arc the Coinrnittccs rcspcctively,
anti
that to
the
same
Extent
as
such IVivcs,
Wards,
Lunatics, and Idiots re-
spcctively could have cscrcised the sanic l'owcr
if
they had
rcspec-
tively becn under
110
Disability,
and
as
to such 'I'rustces, Executors,
and rldministrators on behalf
of
thcir Cestuique Trusts, ~\-hcther
Infhnts, Issuc unborn, Lunatics,
Femes
Covert, or other
Persons,
aiid
that to the
same
Extent
as
such Ccstuiquc Trusts rcspcctively could
have
excrciscd the sainc l'oi\-ers if thcy had respective1
y
bccn under
no
Disability.
Parties
XIX.
And be it enacted, That the Power herein-after given to
mder
%a-
enfranchise Copyhold Lands, as wcll
as
every
other Power required
bility may
to be exercised by the Lord of any Manor pursuant to the Provisions
exercise
other
of this Act, and the Power to release Lands from any Rent, I'ayment,
Powers.
Charge, or Incumbrance, aiid to agrce for the Apportionnient of any
such Rent, Payment, Charge, or Inc~iiiibrance, shall extcnd to and
inay lawiully be exercised by
every
Party herein-before enabled to
1
sell
7"
&
8"
VICTORIAE,
Ccp.lxi.
2483
sell and dispose of
or
convey, assign, and release Lands to the
Company.
the Consideration to be paid for the Purchase of any such Lands,
i::s,'\p.;I
or for any Damage done thereto, shall be in a gross Sum.
XXI. And be
it
enacted, That the Owners of any Lands hereby
Acceptance
authorized to be purchased, or of any such Estate or Interest therein
ofco~n~en-
as aforesaid, and all Parties by this Act enabled to convey, assign, or
~~i~~~or
release any such Lands, or Estate or Interest, may agree to accept,
Damage
to
and (subject to the Restrictions in this Act contained as to the Pay-
Lands.
nient thereof) may accept, Satkfaction for the Value
of
such Lands,
or any Estate or Interest therein to which such Owners or Parties
shall lie entitled
;
and, in addition to Compensation for the Value
of
such Lands, or Estate
or
Interest therein to be so conveyed, such
Owners or Parties shall be entitled to and may in like Manner accept
Compensation for any Damage by them sustained
by
reason
of
the
severing or dividing
of'
such Lands, or otherwise owing
to
the Exercise
of the Powers
of
this Act, or any of them.
XXII.
And with respect to the Consideration Money to be paid
Amount
of
for
any Lands to be purchased from any Party not having full
or
fi''r:r;:-
complete Estate, Rieht or Power, to sell and convey, except under
ascertained
the Provisions in this Act contained, and the Compensation Money by
Valua-
to be paid for any permanent Damage or Injury to any such Lands,
tion
in case
of
Parties
be
it
enacted, That such Consideration Money or Compensation shall
under Disa-
not (except where the same shall have been determined by the
bility.
Verdict of a Jury under the Provision herein-after in that Behalf
contained) be less than shall be determined
by
the Valuation
of
Two
able practical Surveyors, one
of
whom shall be nominated by the
Company, and the other by the other Party, and if such
Two
Sur-
veyors cannot agree in the Valuation, then by such Third able practi-
cal
Surveyor
as
any
Two
Justices shall for that Purpose nominate,
upon Application of either Party, af'ter Notice to the other of them
;
and each of such
Two
Surveyors, if they agree, or if not, then the
Surveyor nominated by the said Justices, shall annex to the Valuation
so
to be made a Declaration
of
the Correctness thereof.
XX.
And be it enacted, That (except
as
herein-after mentioned)
Considera-
XXIII.
And with respect to the Compensation Money to be paid
Compensa-
for any Lands to
be
purchased from any Party, who
by
reason
of
tion
to
ab-
Absence, or from any other Incapacity
or
Accident, is prevented fiom
S~~~~~~~
treating, or cannot be found, and the compensation Money to be
tained
by
paid for any permanent Injury to such Lands, be
it
enacted, That
Valuation.
such Consideration or Compensation shall not be less than shall be
determined by the Valuation of such able practical Surveyor as
Two
Justices shall nominate for that Purpose; and such Surveyor shall
annex to his Valuation a Declaration of the Correctness thereof
XXIV. And be it enacted, That if any Person or Persons seised in
Purc1lase
of'
Fee Simple of, or entitled to dispose
of
absolutely for his own Benefit,
Lands on
any Lands authorized to be purchased for the Purposes of this Act
Chief
Rents.
shall be willing to sell such Lands for a perpetual annual Rent-charge
I11
2484
Payment
of
Rents to be
charged
on
Tolls.
Form
ofCon-
veyances.
7"
&
So
VICTORIIE,
Cup.
lxi.
in lieu of
a
Sum in gross, such Person or Persons may lawfully sell
and convey such Lands, or any Part thereof; unto the Company, in
consideration
of
an annual Rent-charge or of annual Rents-charge
to be granted by the Company to the Person or Persons
so
selling and
conveying, and to his, her, or their Heirs and Assigns, or otherwise, as
such Person or Persons shall direct.
XXV. And be it enacted, That the annual Rents-charge
so
to be
granted
as
last aforesaid shall be charged
on
the Tolls or Rates
payable under this Act and the said recited Acts, or any of them,
and shall be paid by the Company as such Rents become payable;
and if at any Time any sucl Rents be not paid within Thirty
Days
after they shall become payable, and after Demand thereof in Writing,
the Person or Persons to whom any such Rent or Rents shall for the
Time being be payable may either recover the same
from
the Coni-
pany, with Costs of Suit, by Action of Debt in any of the Superior
Courts, or it shall
be
lawful
for
him, her, or them to levy the
same
by
Distress of the Goods and Chattels of the Company wherever
found.
XXVI. And be it enacted, That all Conveyances of Lands
50
to
be purchased
as
aforesaid may be according to the Form in the Sche-
dules
(B.)
and (C.) respectively
to
this Act annexed, or
as
near
thereto
as
the Circumstances of the Case will admit; and all such
Conveyances shall be effectual to vest the Lands thcrcby convcyed
in the Company, shall operate to merge all Terms of Years attend-
ant by express Declaration or
by
Construction of Law on the Estate
or Interest
so
thereby conveyed, and to bar and destroy all such
Estates Tail, and all other Eitates, Rights, Titles, 12eniainders,
lte-
versions, Limitations, Trusts, and Interests whatsoever of and in
the Lands comprised in such Conveyances as shall have been pur-
chased or compensated for, by the Consideration therein mentioned
;
but although Terms of Years be thereby merged, they shall in
Equity afford the same Protection as if they had been kept on foot
and assigned to
a
Trustee for the Company to attend the Reversion
and Inheritance.
Costsofcon-
veyances.
XXVII. And with respect to the Costs of the Conreyancc of any
Lands which shall be purchased or taken by the Coinpany, be it
enacted, That all such Costs shall
be
borne by tlie Company
;
and
such Costs shall include all Charges and Expences, incurred on the
Part as well
of
the Seller or Sellers as of the Purcha(iers,
of
all Con-
veyances and Assurances of any such Lands, and of any Terms,
Estates, or Interests therein, and of deducing, evidencing, and veri-
fying the Title to such Lands, Terms, or Interests, and of making
out and furnishing such Abstracts and attested Copies
as
the Com-
pany may require, and all other Expences iiicident to the Investiga-
tion, Deduction, and Verification of such Title
;
and before the Com-
pany enter into possession of the Lands
so
purchased or taken thcy
shall, if required, pay the Amount of such Costs, and if there bc any
Dispute about the same they shall obtain an Order for the Taxation
thereof, as herein-after provided
;
nevertheless,
if
within Seven Days
after Notice in Writing
fi-om
the Company the Parties fkom whoni
such
7"
&
8"
VICTORIZ,
Cup.
lxi.
2485
such Lands shall have been purchased do not deliver
a
Bill
of
their
Costs to the Company, then the Conipany shall not be prevented
fiom
entering into the Possession of such Lands by reason of the
Nonpayment of such Costs,
or
by reason
of
such Order for Taxation
thereof' not having becn obtained.
XXVIII.
And be
it
enacted, That if the Conipany and the Party
Taxation
of
or Parties entitled to any such Costs shall not agree
as
to the
Costs.
Ainount thereof, such Costs shall be taxed by one of the Taxing
Masters of the Court
of
Chancery, upon an Order of the same Court,
to be obtained upon Petition to the same Court, or to the Master of
the
1~011s
in
a
summary JVay, either by the Company or such Party or
Parties
;
and the said Company shall pay what the said Master shall
ccrtify to bc due in respect of such Costs to the Party or Parties
entitled thereto, or in defhult thereof the same may be recovered in
the
same
Way
as
any
other Costs payable under an Order of the said
Court; and the Expence of taxing such Costs shall be borne by the
Company, unless upon such Taxation One Sixth Part of the Amount
of
such 'Costs shall bc disallowed, in which Case the Costs of such
Taxation shall be borne by the Party
or
Parties whose Costs shall
be
so
taxed, and the Amount thereof shall be ascertained by the said
Master, and deducted by
him
accordingly in
his
Certificate of such
Taxation.
XXIX.
And for the Purpose
of
providing for the Deposit and
Purchase
Application
of
the Purchase Money or Compensation to be paid as
lfoncY
Pay-
aforcsnid for or in rcspect of any Land that shall be purchased or
able
ties
under
to
Par-
taken as aforesaid which shall belong to Parties iiot capable
of
con- Disability,
vcying, except under the Powers
of
this Act, be
it
enacted, That if'
amounting
any such Purchase Money
or
Compensation shall be payable in
be
to
2o02*,
deposited
rcspect of any such Lands or any Interest therein which any Cor-
in
poration, Tenant for Lifb
or
for any other partial or qualified Interest,
inarried Woman seised in her own Right or entitled to Dower,
Guardian, Committee
of
Lunatic or Idiot, Trustee, Executor, or
Administrator, or Pcrson not capable of conveying, except
under
the
I'owers of this Act, shall be entitled to, and shall under the Powers of
this Act
be
enabled to convey or dispose
of,
the same shall, if it
amount to or exceed the Sum of
Two
hundred Pounds, be paid into
the
Bank
of
Eiiglnnd
in the
Name
and with the Privity
of
the
Accountant General
of'
the Court of Chancery, to be placed to his
Account there
ex
ycirte
"
The
York
and
North
iWidktncl
ILailway
Company," pursuant to the Method prescribed by the Act of the
Twelfth
Ycar of the Reign of His late
Majesty
King
George
the First,
intitulcd An
Act
jbr
bettor
securiirg
the
ilIoizies
~oid
Bficts
of
the
12
G.
I.
c.32.
Suitors
of
the
Court
qj
CIiuncery,
and
to
prerent
the
cbunterj2iting
qf'
East India
Uoiids
uiid
E)dorsenzcnts
tlwcon,
NS
likewise
Endoi-se-
nw~fs
on
South Sca
Boizds,
and pursuant to the general
Itulcs
and
Orders
of
the said Court, and without Fee or Reward, according
to the Act of thc Twelfth Ycar of the Reign of His late Majesty
King
George
the Second, intituled
An
Act
to
empower
the
High
12G.2.
c.2.~
Court
of
Chancery
to
lq
out
upon
proper
Securities
aizy
iMonics,
not
mmwling
n
Sum
tliercin
limited,
out
qf
the
co~nmon
~112~1
genercrl
Cash
in
the
Bunk
of
England
bdongi?ig
to the Suitors
of
tAe
sctid
Rank
~~~~ia~~~~.
[
Locctl.]
28
A
CO
71
l'f,
Application
of
Monies
deposited.
Order
for
Application.
Sums
from
201.
t
0
2001.
to
be de-
posited,
or
invested
in
Trustees.
7"
&
8"
VICTORIE,
CU.3.
hi.
Court,
,fir
the Euse
of
the
said
Suitors,
by
apphing
the Interest
arising
theref,.om
for
&wering tlie
Clinrg~s
of
the
Ofice
of
the
Ac-
countant
General
of
the said
Court
;
and such Monies shall remain
so
deposited until the same be applied
to
some
one
or more of' the
following Purposes
;
(that is to say,)
In the Purchase or Redemption of the Land
Tax,
or
the Discharge
of any Debt or Incumbrance affecting the Land in respect of
which such Money shall have been paid,
or
affecting other Lands
settled to, upon, or for the same or the like Uses, Trusts, or l'ur-
poses; or
In
the Purchase of other Lands to be conveyed, limited, and settled
to and upon the same or the like Uses, Trusts, and Purposes,
and in the same Manner,
as
the Lands in respect of which such
Money shall have been paid stood settled
;
or,
If
such Monies shall be paid
in
respect of any Buildings taken
under the Authority of this Act, in replacing such Buildings,
or
substituting others
in
their Stead, in such Manner
as
tlie Court
of Chancery shall direct
;
or
In Payment to any Party becoming absolutely entitled to such
Money.
XXX.
And be it enacted, That such Money may
be
so
applied
as
aforesaid upon an Order of the Court of Chancery made on
the
Petition of the Party
who
would have been entitled to the Receipt
of'
the Rents and Profits of
the
Lands in respect of which such Money
shall have been deposited; and until the Money can be
so
applied
it may, upon the like Order, be invested by the said Accountant
General in the Purchase of Three
per
Centunz
Consolidated or 'rhree
per
Centum
Reduced Bank Annuities,
or
in Government or Real
Securities
;
and until such Annuities or Securities shall be ordered
to
be sold or convertcd into Money for the Purposes aforesaid the
Interest, Dividends, and annual Proceeds thereof shall from Tinic
to
Time be paid to the Party
who
would for the Time being have been
entitled to the Receipt of the ltents and Profits of the Lands
;
and
the Order for such Investment and Application
of
such Interest,
Dividends, and annual Proceeds may be made on the like Petition.
XXXI.
And with respect to any such Purchase Money or Com-
pensation which shall not amount to the Sum of Two hundred l'ounds,
and shall exceed the Sum of Twenty Pounds, be it enacted, That
the same may be paid iuto the Bank of
Englmd,
and applied
in
ik
Manner herein-before directed with respect to Sums amounting to or
exceeding Two hundred Pounds, or may be paid to Two Trustees, to
be nominated
by
the Parties entitled to the Rents or l'rofits of the
Lands in respect whereof the same shall be payable, such Nomination
to be signified by Writing under the Hand of the Parties
so
entitled
;
and
in
case of the Coverture, Infincy, Lunacy, or other Incapacity of
the Parties entitled to such Monies, such Nomination may be made
by their respective Husbands, Guardians, Committees, or Trustees
;
but such last-mentioned Application
of
the Monies shall not be made
unless the Company approve thereof, and of the Trustees named for
the Purpose, such Approval
to
be signified in Writing under their
Conimon Seal; and the Money
so
paid to such Trustees, and the
4
Produce
7”&
8”
VI;CTORIB,
Cup.
Ixi.
2487
Produce arising therefrom, shall be by such Trustees applied in the
iManner herein-before directed with respect to Money paid into the
Bank of
h’nglnnd,
but it shall not be necessary to obtain any Order
of the Court for that Purpose.
XXXII.
And with rcspect to ally such Purchase Money or
Corn-
sullls
not
pensation which shall not exceed the Sum of Twenty Pounds, be
exceeding
it
enacted, That the saiiic shall be paid to the Parties
dio
would for
the Time being hare been entitled to tlic ltents and Profits of tlie
parties.
Lands in respect mhcreof the
same
sliall
be
payable, for their
own
Use
and Benefit
;
or
in
case of the Covcrturc, Infancy, Idiotcy,
Lunacy, or other Incapacity of any such Parties, then
such
Money
or Compensation shall
be
paid, fbr their
Uhc,
to their respectivc
Husbands, Guardians, Committees,
or
Trustccs.
XXXIII.
And for the Purpose of providing for the Paynient aid
CVhere
Par-
Application
in
certain Cases of’ the Purchase Money or Coinpensation
ties refuse
t()
to
be paid
in
respect of
aiiy
Land not belonging to Parties under
do
not
show
Disability, be it enacted, That in the following Cascs, (that is to
Title,
tile
say,)
if
the Owner of any such Lands or :of
any
Interest therein, on
Purchase
Tender
of
tlic Purchase
Money
or Compensation either agreed
or
Money
to
be
deposited.
awarded to be paid, refusc to accept the same, or if any
such
Person
fail to make out
a
Title to tlic Land in respect whereof such Purchase
Money or Coinpensation shall
be
payable, or to the Interest therein
claimed
l)?
hini,
to
t!ie
Satisfiiction of the Company,
or
if such Owner
be gone out of the Kingdom, or cannot bc found, or be not
linown,
or
refuse to convey or release such Land
as
directed
by
the Company,
it shall
be
lawful for the Company to deposit the Purchasc Money or
Conipensatioii pay:tl)lc in respect of such Lands, or any Interest
thcrcin, in tlic Bank of
Engln?id
in the Name and with the Privity
of the Accountant General
of
the Court of Chancery, to be placed
to his Account thcre
to
the Credit of the Parties iiitercsted in such
Land
(tlescri1)ing them,
so
far as thc Company can do), subject to the
Control
and
Disposition of the said Court
;
and upon Receipt of such
Money the Cashier of such Bank shall @vc to the Company, or to
the l’h-ties paying
in
such Money,
a
Receipt for such Moiiey, specify-
ing
therein for what and for whose
Use
(described as aforesaid) the
same shall have
been
received, and in respect of what l’urchase the
same
shall
have
been paid in, and thereupon
all
the Interest in such
Land in respect whereof such l’urchasc
hIoney
or Coinpensation shall
have
been
deposited shnll vest absolutely in the Company.
convey,
or
XXXIV. And be it enacted, That upon the Application by Peti-
Application
tion of any Parties making claini to the
Money
so
deposited as last
of~oniesso
aforesaid, or any Part thereof, or to the Lands purchased or taken by
deposited.
the Company, or aiiy Part thereof, or any Interest in the sanie, the
said Court
of
Chancery may in a summary Way, as to such Court
shall
sccm
fit,
order such Money
to
be laid out or invested in the
Public I~uiids,
or
may order Distribution thereof, or Payment of the
Dividends thereof, according to the respective Estates, Titles, or
Interests of the Parties making claim to such Money or Land,
or
any Part thereof, and may make such other Order in the Premises
as
to
such Court shall seem
fit.
XXXV. Pro-
2488
7"
&
8"
VICTOKIE,
Caldxi.
Court
of
XXXV.
Provided
always,
and
be
it enacted, That where any
Pur-
chase Money
or
Compensation paid into the Court of Chanccry under
may direct
investment
the
Provisions
of
this Act shall have been
so
paid
in
rcspcct of
any
or
Payment
Leasefor Lives
or
Years, or
any
Estate in Land, less than the whole
of
Money
in
Fee
Simple thereof,
or
of any Reversion dcpencicnt
on
any
such
Lease
respect
Of
or
Estate,
it shall
be
lawful
for
thc Court
of
Chancery,
on
the Petition
Leases
for
l.ives,
years,
of
any
l'artics interested in such
Rloncy,
to order that the
same
shall
kc.,
or Ite-
be
laid out, invested, accumulated, and paid
in
such
Manner
as
the
W&W*
said
Court may consider will give to the Parties interested in such
Money the same Bcncfit tlicrefioni
as
they might have legally had
from
the Lease, Estate, or Rcvcrsion in respcct of which such
Mone~-
shall ham
been
paid,
or
as
new
thereto
as
may bc.
Patty in
possession
(le
e
ni
ed
to
be the
Owner.
XXXVI. And be it enacted, 'I'hnt if any Qucstion shall arise respcct-
ing
the
Title to any Lands in respect whereof any such
Money
shall
have bcen
so
paid or deposited
as
aforesaid, the Partics respectively
in
possession
or
receipt of the ltents of such Land at the 'l'inic
of
such
Lands being purchased
or
taken shall
be
tleeriied to have
been
lawfully cntitlcd to such Lands, until the contrary
be
slio~rn
to
the
Satisfaction
of
the
Court
;
and
unless
tlic
contrary
bc sliowii
ab
aforesaid the Parties
so
in possesiion, anti all Parties claiming
under
them,
or
consistently with their Possession. dial1
be
deemed
cntitled
to the Money
so
dcpositcd, and to the 1)ividends
or
Interest
of'
the
Annuities
or
Securities purchased tliercwith, and the
same
shall
be
paid and applied accordingly.
Costs
in
Cases
of
3*oney
de-
posited.
XXXVII. And with respect to Costs
in
Cases
of Money deposited
in
the
Bank of
Engkrnd,
be
it enacted, 'l'hat tlic Court of Chancery
may
in all such
Cases
(except
where
Xloncy
s~l
1iaw
bccn
so
deposited by
rcason
of the wilfiil Rcfkd
of
any Party cntitlcd thereto
to reccive the same,
or
to
convey
or
release the 1,ands in respect
whereof the
same
shall
be
pavablc,)
order
the
Costs of tlic following
Matters, including t~ierein
,211
reasoiinHc ~Iiarges
and
ICxpcnces
incident thereto,
to
bc
paid
bv
tlic C'oinpany
;
(that is to
say,)
the
Costs of the Purchase or of'thc taking or using of the
Lands,
or
.which shall have been iiicurrctf
in
consequence
thereof, other than
such Costs
as
are
herein otlicr~~isc provided for,
anti
the Costs of the
Invcstinent of such
Money
in Go\-crnnient
or
lkal Securities, and
of the Itliercof,
or
of
the
Govcrnnicnt
or
lteal Securities
purchased therc~~itli,
ill
tlic 1'11r~habe
of
other
Lands, and
also
the
Costs
of
obtaining thc propcr
Orcicrs
for
any
of tlic Purposes
afore-
said,
and
of the Ordcrs
for
the
l'aynient of tlic Dividends
and
Interest
of'
the Govcrnnicnt
or
Real Sccui-i tics
upon
which such Monies shall
be invested, and fbr tlic Payment out of
Court
of the Principal
of
such llonics,
or
of
the
G"ovcrnment
or
Real Sccuritics
whereon
the same shall
be
invested,
and
of
all other Proceedings rclating
thereto, except siich as arc occasioned
by
Litigation between
acirerse
Claimants.
Enabling
the
XXXVIII. And whercas it
mal'
bc cxpcclient that the Chancellor
C*mcellor
and Council of
tlic
I>ucliy-
of
L&zcnster
shonld
be
authorized
and
empowered to sell to th'e said Companj- all such Lands of
aid
and
Council
of
the
Duchy
of
Lancaster
belonging to thc
Queen's
inos
t
Excellent Majesty
in
right
of'
Her
Duchy
7"
St
8"
VICTORIE,
Caii.Ixi.
2489
Duchy of
Lancaster
as
may be necessary to be purchased, taken,
or
to contract
used for the Purpose of making the Railway
;
be
it
therefore enacted,
with
Company the
for
That it shall
be
lawful for the Chancellor and Council
of
Her
the
Sa,e
of
,II?jcity's
Duchy of
Lnnccrsler
for the Time being to contract and
Lands
agree &th
the
said Company for the Sale of any Lands which
by
the
belonging
to
said Company shall be thought ncccssary to
be
purchased, taken, or
tile
Queen.
uicd
for
thc'I'urposcs of thi5 Act in the Line of the said intended
Railway, bclongiiig to Her Majcsty, or Her Heirs and Succcssors, in
right
of
IJcr
said
lhchy,
at and for such Price, and upon
SLLC~
Terms
and Conditions, as shall be settled and agreed upon betwcen the said
Chancellor and Council and the
said
Company
;
and upon Payment
of such Sum of
Plloncy
as
shall
be
settled and deterniined upon
as
aiid for the l'rice and Consideration for such Lands, it shall be lawful
for thc said Chancellor
and
Council of the said Duchy for the Time
being, by any 1)ccd
or
Writing under the Seal of the said Duchy, and
in the Name of Her Majesty, Her Heirs and Successor!, to grant and
coiiwv tlic same Lands, and tlie Fce Siniple
aiid
Inheritance thereof,
to
th;
said Company, their Successors and Assigns, for the Uses and
Pi~rpo:,c$ of this Act, which said Decd or Writing under the Seal
of
tlie
wi(1
Duchy, being enrolled in the Court of the Duchy Chamber
of
Lrtncrtsier
within Six
Cnlcndar
Months from the Date hereof,
shall be sufficient and effectual to vcst in the said Conlpany the Fee
Siiiiplc runcl Inhcritancc of such Lands
for
the Uses and Purposes of
thiq Act,
any
thing containcd in the Act passed in the First
Year
of'
Quccii
ril)ine,
intitulcd
A)L
Act
for
the
better
Support
of
Her
Afctjesty's
1
Ann.
c.
7.
Houseliokd,
ctnd
flie
Honour
ccncl
DiLrnity
of
the
Crowri,
or
in
any
other
to
tlie contrary thereof in anywise notwithstanding
;
and
all
Sunis
of
3Ioney
to bc paid
as
and for
the
l'urchase or Considera-
tion Moncv for the Lands SO to be sold and conveyed as last-mentioned,
~uncler andYhy yirtuc of this
Act,
shall be paid
by
the
said
Company,
or their
Tremurcr,
into
the
Hands of the ltccciver General of the
said
1)iicliy
for
thc Time being,
or
his
Deputy, and shall be
by
him
paid, applied, and disposed
of
according to the Provisions and
Regulations
containcd in an Act passcd in the Forty-eighth Year of
the Reign of His late MGjesty King
George
the Third, intituled
,4n
48
G.
3.c.
73.
Act
to
i~poce
tlic
Lnml
I10~cnzte
cf
tlie
Crown
in
England,
and
also
of
His
Nujcsty's
Dt[cIiy
ofLancastcr, or any other Act
or
Acts now
iii
force for that Purpose.
SSXIX.
Provided al~ays, and bc it enacted, That nothing in this
Saving the
Act containcd shall extend
to
prcjulicc, diminish, alter, or take away IWlts
ofthe
any of the 12ight9, Privileges,
Powers,
or
Authorities vested in or
F)ttJ'tz'.
eliby the (&,uxii's most Excellent Majesty, Her Heirs and
Succcssors,
as
well in right of
Her
Crown
as
in right of Her Duchy
of
Lnnotster.
XL.
And be it enacted, That the Company shall not, except
Payinent
of
by
Conscnt of the Owner and Occupier, enter upon any Lands which
Price
to
be
made pre-
shall
be
required to
be
purchased or pcrmaiicntly used for the Pur-
vious
to
poses of this Act until the Company shall either have paid to every
Entry,
ex-
Party having any Interest in such Lands,
or
deposited in the Bank
cept tosur-
of
Eugkrnd
in the i\Ianncr herein in that Behalf mentioned, the
Pur-
ve~y
6rc.
chase Money
or
Compensation agreed
or
awarded to
he
paid
to
such
[
L0cnl.j
25
B
Par ties
2490
7"
&
8"
VICTORIAC,
Cup.
Ixi.
Parties respectively for their respective Interests therein
:
Provided
always, that for the Purpose merely of surveying and taking Levels
of such Lands it shall be lawful for the Company to enter upon the
same without the previous Consent of the Owner
or
Occupier, making
Coinpensation for any Damage thereby occasioned to such Owner
or Occupier.
Penalty on
XLI.
And be it enacted, That if the Company or any of their
Contractors shall (except as aforesaid) wilfully enter upon and take
Coin
pan
y
entering
upon
Lands
possession of any Lands which shall be required to be purchased or
withoutcon-
permanently used for the Purposes of this Act, without such Consent
sent before as aforesaid, or without having made such Payment or Deposit as
Payment
of
thepurchase
aforesaid, the Company shall forfeit to the Party in possession of such
RIoney.
Lands the Sum of Ten Pounds, over
and
above the Amount
of
any
Damagc done to such Lands by reason of such Entry and taking
possession as aforesaid, such Penalty and Damage respectively to be
recovered before Two Justices; and if the Company or their Con-
tractors shall,
after
Conviction in such Penalty
as
aforesaid, continue
in unlawful Possession of any such Lands, the Company shall be
liable to forfeit the Sum of Twenty-five Pounds for every Day they
or their Contractors shall
so
remain in possession
as
aforesaid, such
Penalty to be recoverable by the Party in possession of such Lands,
with full Costs of Suit, in any of the Superior Courts: Provided
always, that nothing herein contained shall be held to subject the
Company to the Payment of any such Penalty
as
aforesaid if they
shall
bond
.fide
and without Collusion have paid or deposited the
Compensation agreed or awarded to
be
paid in respect of the said
Lands to any Person whom the Company may have reasonably
believed to be entitled thereto, although such Person may
not
have
been legally entitled thereto.
Decision
of
XLII.
And
be it enacted, That
on
the Trial
of
any Action for
Justices
not
any such Penalty as aforesaid the Decisioii of the Justices, under
conclusive
as
toCompany~s
the Provision in that Behalf' herciii contained, shall not be held
Rights.
conclusive as to the Right
of
Entry
on
any such Lands by the
Notice
of
XLIIT. And
be
it enacted, That when the Company shall require
to purchase any of the Lands which by this Act they arc authorized
to purchase or take they shall give Notice thereof to all the Parties
interested in such Lacds, or enabled by this Act to sell and convey
or
release the same, or to such of them
as
shall
be
known to the Com-
pany,
and
by such hTotice shall demand from such Parties the Par-
ticulars
of
their Estate and Interest in such Lands, and
of
the Claims
made by them in respect thereof; and every such Notice shall be in
Writing, and shall state the Particulars of the Land
so
required,
and shall state that the Company
are
willing to treat for the Piircliase
of
the Interest of such Parties in such Lands, and
as
to the Compen-
sation to be made for thc Damasc that may
bc
sustained by such
Parties by reason of the making
of
the
Railway.
XLIV. And bc it enacted, That if for the Space
of
Twenty-one Days
after
the Reccipt of such Notice as last herein-beforc mentioned any
such
Company.
Intenticn
to
take
Lands.
Parties
in-
terested
in
Lands
to
7"
&
8"
VICTOIZIB,
Cap.Ixi.
249
1
such Party shall fail
to
state the Particulars
of
his Claim in respect
state
their
of any such Land, or
to
treat
with the Company in respect of his
Interest therein, or if such Party and the Company shall differ as
to the Amount of the Compensation to
be
paid
to
such Party for any
such Interest, or for any Damage that may be sustained by him by
reason of the Railway, the Amount of such Compensation shall be
settlcd in
the
Manner herein-after provided for settling Cases of dis-
puted Compens
a
t'
ion.
XLV. And bc it enacted, That where, according to the Pro-
Proceedings
visions of this Act, the Company are authorized to enter upon and
in
case
of
Refusal
to
take possession of any Lands required for the Purposcs of the
deliver
pas-
Railway, if the Owner or Occupier of such Lands, or any other
session
of
Person, refuse
to
give up Possession thereof, or hinder the Company
Lards.
fiom cntcring upon or taking possessioii of the same, it shall be
lawful for the Company to issue their Precept under their Common
Seal
to
thc Sheriff to deliver Possession of such Lands
to
thc Person
appointed in such Precept
to
receive the same, and upon the Receipt
of such Precept the Sheriff shall deliver Possession of any such
Lands accordingly
;
and the Costs accruing by reason of the issuing
and Execution of such Precept (to be settled by the Sheriff) shall be
paid by the Persons refusing
to
give Possession, and such Costs, if
not paid on Demand, shall
he
levied
by
Distress, and the Sheriff
shall issue his Warrant accordingly.
XLVI. And for the Purpose of making Provision for settling
Dispute
as
Cases
of
disputed Compensation arising. under this Act, be it enacted,
to
sation
Coml)etl-
to
be
That if any Diffcrcnce shall arise, or if no Agreement can be come
settled
by
to,
between the Company and the
Owners
of
any Lands, or
of
any
Jury.
Intcrest
in
any Lands, talien or required for or injuriously affected
by
the Execution of the Railway (including among such Owners all
Parties by this Act cnabled
to
sell
or convey Lands),
as
to
the Value
of'
such Lands, or of any Interest therein, or
as
to the Compensation
to be made in respect of any Damage or Injury done
to
any Lands
in tlic Execution
of
any
of
the Powers of this Act, or if by reason
of Abscnce any such Owner be prevented from treating, or if any such
Owner fail to disclose or prove his Title to any such Lands,
or
any Interest therein, or if by reason of any Impediment or Disability
any such Owner be incapable of making any Agreement, Conveyance,
or Rclcasc necessary for enabling the Company to take such Land,
or to proceed in maliing thc Railway, or if any such Difference arise
as
to
tlie Amount of the Damages occasioned to any Lands by the
temporary Occupation thereof in the making
of
the Railway, or
otherwise in exercise
of
the Powers given by this Act, and for which
any Party may be entitled
to
demand Compensation according
to
the
Provisions
of
this Act, the Amount
of
thc Coinpensation
to
be paid
by
the
Company in every such
Case
(except
as
next herein-after men-
tioned) shall be settled by the Vcrdict
of
a
Jury in manner hercin-
after mentioncd.
XLVII. Provided always, and
be
it enacted, That if the Com-
Claimsm
pensation claimed in any
of
the Cases mentioned in the last preceding
~~e~~~f
Enactment
2492
7”
&
8”
VICTORIfl,
Cup.Isi.
settled
by
Enactinelit shall not esceed Fifty Pounds the same shall be settled
TiroJustices.
by
T\vo
Justices,
I~cquisition
XLVIII. And be it enacted, Thzt if any Party who shall be enti-
l)5‘
l’art~
tled to any Compensation in respect of any Lands,
or
of
any Estate or
Interest therein, taken
for
or injuriously affected by the making of
c
I
ai
in
i
n
g
Coni
p
c
nsn
-
tion
to
liave the Railway, shall desire thc Amount
of‘
such Compensation to
be
a
Jury
determined by
a
Jury, it shall bc lawful for such Party to give Notice
in Writing to the Company
of
such his Desire, and he shall in such
Notice state the hTature of the Interest claimed by him in such Lands,
and the Amount of the Compensation claimed by him in respect
thcreof, and unless the Company be milling to pay the Amount
of
Conipensation
so
claimed,
and
shall cnter into
n
written Agree-
iiiciit for that Purpose, then, ~vithin Twenty-one Days after the
Receipt of any such Kotice
fiom
any
l’arty
so
entitled, they shall
issue their Warrant to the Sheriff to suiiinion a Jury accordingly,
in
the Manner herein mentioned.
\i’arrant
for XLIX. And be it cnacted, That in
cvery
Case in which any
such
Question of disputed Coinpcnsation shall be required to be determined
s
uni
ni
on
i
ng
a
Jurv
to
be
adclrissecl
to by the Verdict
of
a
Jury the Company shall issue their Warrant
the
Sheriff.
to
the Sheriff
under
their Common
Seal,
requiring him to summon
a
JLW~
for
that Purpose; and if such Sheriff be interested in the
Matter in dispute,
by
being
a
Shareholder
of
the Company or other-
wise, such Application shall be made to some Coroner
of
the County
in which thc Lands in question, or some Part thereof, shall be situate,
and
if
a11 the Coroners of such County be so interested, such
.4p-
plication may be made to some Person having filled
the
Office
of
Sheriff or Coronerrin such County, and who shall be then living there,
and who shall not be interested in the Matter
in
dispute
;
and with
respect to the Person la>t-nientioned l’refcrence shall be Fiven to one
who shall have most recently served either of the said
Offices.
Provisions
L.
And be it enacted, That throughout the Enactments contained
a~’I’’icable
to
in this Act relating to the Reference to
a
Jury where the Term
the Sheriff
to
apply
to
Sheriff” is
used
the Provisions applicable thereto shall be held to
Coroner.
apply to cvery Coroner or other Person lawfdly acting
in
his Place
;
and in
every
Case in which any such Warrant shall have been
directed to hny other Pcrson than the Sheriff such Sheriff shall,
immediately on receiving Xotice of the Delivery
of
the Warrant,
deliver over, on Application for that Purpose, to the Person to vhom
the
same
shall have been directed, or to any Person appointed by him
to receive the same, the Jurors
Book
and Special Jurors List belonging
to the County where the Lands in question shall be situate.
LI.
And be it enacted, That upon the Receipt
of
such Warrant
the Sheriff shall suminon a Jury of Twenty-four indifferent Persons,
duly qualified to act as Common Jurymen in the Superior Courts,
to meet at the
Time
and Place named in the Warrant for that
Purpose.
LII.
And be it enacted, That out
of
the Jurors appearing upon
such Summons a Jury
of
Twelve Persons shall be drawn by the
5
Sheriff
Suinnioning
Of
impannel-
ling
of
Jury,
7"
&
8"
VICTORIE,
Caplxi.
Sheriff in such Manner
as
Juries for Trials
of
Issues joined in the
Superior Courts are by
Law
required to be drawn
;
and if
a
sufficient
Number
of
Jurymen do not appear in obedience to such Summons
the Sheriff shall return other indifferent Men, duly qualified
as
afore-
said, of the Bystanders, or others that can speedily be procured,
to
make up the Jury to the Number aforesaid
;
and all Parties concerned
may have their lawful Challenges against any
of'
the Jurymen, but
no
sudh Party shall challenge the Array.
2493
LIII.
And be
it
enacted, That Fourteen Days Notice
of
the Time
Notice
of
and Place
of
any Inquiry to be made by
a
Jury
as
aforesaid shall be
given in Writing by the Company to the other Party.
LIV. And be it enacted, That the Sheriff shall preside on the
Sheriffto
said Inquiry, and the Party claiming Compensation shall be deemed
preside
;
Witnesses
the Plaintiff, and shall have all such Rights and Privileges
as
the
to
be
sum-
Plaintiff is entitled to in the Trial
of
Actcons at Law
;
and if either
moned.
Party
so
request, in Writing, the Sheriff shall summon before him
any Person considered necessary to be examined
as
a
Witness touch-
ing
the Matters in question; and on the like Request the Sheriff
shall order the Jury or any Six or more
of
them to view the Place or
Matter in controversy, in like Manner as Views rnay be had in the
Trial
of
Actions in the Superior Courts.
LV.
And be it enacted, That before the Jury proceed to inquire
Oaths
of
of
and
assess
the Compensation or Damage in respect of which their
Jurymen.
Verdict
is
to be given they shall make Oath that they will truly
and faithfully inquire
of
and assess such Compensation
or
Damage
;
and the Sheriff shall administer such Oaths,
as
well
as
the Oaths of
all
Persons called upon to give Evidence before such Jury.
LVI. And be it enacted, That where any Inquiry to be made
Verdict
of
before
a
Jury
as
aforesaid shall relate to the Value
of'
Lands to be
Jury
to
be
purchased, and also to Compensation for Injury done or to be done
ofLandsand
to
such Lands, such Jury shall deliver their Verdict separately for for
Damage,
the
Sum of Money to be paid
for
the Purchase
of
the Lands required
assessed
for the Railway, or of any Estate
or
Interest therein, belonging to the
se~ar~~teb'.
Party with whotn such Questions
of'
disputed Compensation shall
so
have
arisen, and for the Sum
of
Money to be paid by way of Com-
ensation for the Injury done to the Lands
of'
any such Party by
!kverance,
or for any other Damage occasioned to any such Lands
by
the Execution of the Works.
for
Purcliase
LVII. And be it enacted, That the Sheriff before whom any such
Verdict
ancl
Inquiry
as
aforesaid shall be held shall give Judgment for the Pur-
Judgiiient
to
chase Money or Compensation assessed by the Jury; and the said
be
Verdict and Judgment shall be signed by the Sheriff, and being so
signed
shall be kept by the Clerk of the Peace among the Records
of'
the Quarter Sessions of the County in which the Lands
or
any
Part thereof shall be situate in respect
of
which such Purchase Money
or
Compensation shall have been awarded
;
and such Verdicts and
Judgments shall be deemed Records, and the same, or true Copies
thereof, shall
be
good Evidence in all Courts and elsewhere
;
and all
[
LOCCIZ.]
28
C
Persons
2494,
7"
&
8"
VICTORIB,
Caplxi.
Persons may inspect the said Verdicts and Judgments, and may have
Copies thereof
or
Extracts therefrom,
on
paying for each Inspection
thereof One Shilling, and for every One hundred Words copied or
extracted therefrom Sixpence.
LVIII. And be it enacted, That
on
every such Inquiry before
a
Jury as aforesaid where the Verdict
of
the Jury shall be !given .for
the same or a greater Sum than the Sum previously offered by the
Company, the Costs of such Inquiry shall be borne by the Com-
pany; but if the Verdict of' the Jury be given
for
a
less Sum than
the Sum previously offered by the Company, one Half of the
Costs shall be defrayed by the Owner
of
the Lands, and the other
Half by the Company
:
Provided always, that in every Case where,
by reason of Absence in Foreign Parts, or of any Disability, the
Owner
of
the Land shall have been prevented from treating with the
Company,
all
the Costs shall be borne by the Company.
Costs
of
the
ItlquirY
l'articulars
LIX.
And
be
it
enacted, That the Costs
of
and incident
to
elwy
ofthe
Costs.
sucli Inquiry before
a
Jury
as
aforesaid shall be settled by
the
Sheriff,
and such Costs shall include the reasonable Costs,
Cliargcs,
and
Expences incurred in summoning, impannelling, and returiiiiig the
Jury, taking the Inquiry, the Attendance
of
Witnesses,
the
Kniploy-
ment of Counsel, recording the Verdict
and
Judgmcnt
thereon,
and
otherwise incident
to
such Inquiry, and also the Expences
of
the Bond,
if any, given by
the
Party
at
whose Instance the Inquiry shall have
been taken for prosecuting his Claim and securing the Costs of such
Inquiry; and such Sheriff in taxing the same Costs shall have full
Power
to
disallow any Part of such Costs, Charges, and Expences
which he may consider are not necessarily or reasonably incurred,
dthough the same may have been incurred by the Party with whom
the Controversy shall arise; and with respect to any such Costs
payable by the Company, if within Seven Days
after
Demand such
Costs be not paid
to
the Party entitled
to
receive the same, the
same shall be recoverable by Distress, and on Application to any
Justice he shall give his Warrant accordingly
;
and with respect to
any such Costs payable: by the Owner of the Lands in question,or
of any Estate or Interest therein, the same may be deducted out
of
any Money awarded by the Jury to be paid
to
such Owner
as
so
much Money advanced for his Use, and the Payment of \he
Remainder of such Money shall be
a
good Payment and Satisfaction
of the whole thereof.
I'eilalty
an
Slleriffand
Jury
for
Default.
LX.
And be it enacted, That if the
Sheriff
make de&ult
in
any
of the Matters herein-before required
to
be done
by
him in relation
to any such Trial
or
1nquir.y-
he
shall forfeit Fifty Pounds fbr
every such Offence
;
and if any Person summoned
'
and
returncd
upon any Jury under this Act, whether common or special, do not
appear,
or
appear but refuse
to
make Oath or Affirmation
(as
the
Case may be), or in any other Manner unlawfully neglect his lluty,
he shall'(un1ess he show reasonable Excuse to the Satisfaction
of
the
Sheriff) 'forfeit
a
Sum not exceeding Ten Pounds
;
and every such
Penalty payable by a Sheriff or Juryman shall be applied
in
satis-
faction
of
the Costs
of
the Inquiry, so far as the same will extend;
and
7"
&
8'
VICTORIB,
Cup.1xi.
2495
and in addition
to
the Penalty hereby imposed as aforesaid every such
Juryman shall be subject
to
the same Regulations, Pains, and Penal-
ties
as
if such Jury had been returned for the Trial
of
any Issue
joined in any
of
the Superior Courts.
LXI.
And
be
it
enacted, That if any Person duly summoiied to
Penalty
on
making
de-
give Evidence upon any such Inquiry, and to whom
a
Tender of
~~tnesses
his rcasona1)le Expences shall have been made, fail to appear at the
fault.
Time and Place specificd in thc Summons, without sufficient, Cause,
or if
any
I'erbon,
whether summoned
or
not,
who
shall appear
as
a
Witness, rcfiisc to be examined on
Oath
or Affirmation
(as
the Case
may
1~)
touching the Subject Matter
in
question, every Person
so
oRending shall forfeit
a
Sum
not exceeding Ten Pounds.
LXII.
iliitl
be it enacted, That if either Party desire any such
Special Jury
Question of disputed Compensation
as
aforesaid to be tried before to
be
sum-
a
Special
.Jury,
and bcfore the Company haye issued their Warrant
~l~~~~~est
to
thc shcrifi' give ATotice in I\'riting
of'
such
Desire, such Question
of
either
shall
bc
so
tried,
and
fbr that Purpose
the
Company
shall,
by their
Party.
Warrant
to
the Sheriff; require him to nominate
a
Special Jury for
such Trial, and thereupon
the
Sheriff shall, as soon as conveniently
may be after the Receipt by him of such Warrant, summon both the
l'artics to appear before him, by themselves or their Attornies, at
some
convenient Time
and
Place (not being
less
than Five Days
from the Service of such Summons) appointed by him for the Pur-
pose of nominating
a
Special Jury; and
at
the Place and Time
so
appointed the Sheriff shall proceed to nominate and strike
a
Special
Jury,
in
the
Manner in which such Juries shall be required by the
Lams
for the Time being in force
to
be nominated or struck
1)s'
the
proper Oii-;ccrs
of
the Superior Courts
;
and the Sheriff shall
appoint
a
Day for the Parties or their Agents to appear before him
to
reduce the Number
of
such Jury, and thereof shall give Four Days
Notice to the Parties, and
on
the Day
so
appointed the Sheriff shall
proccecl
to
reduce the said Special Jury to the Number of Twenty,
in
the Manner used and accustomed by the proper Officers of the
Superior Courts.
LXIII. And be it enacted,
That
the Special Jury
on
such Inquiry
Deficiency
as
last aforesaid shall consist of Twelve of the said Twenty who
Of
Jar~mell*
shall first appear
on
thc Names being called over, the Parties having
their lawful Challenges against any
of
the said Jurymen
;
and
if
a
full
Jury
do
not
appear, or if after such Challenges
a
full Jury do not
remain, then, upon the Application of either Party, the Sheriff shall
add to the List of such Jury
the
Names of any other disinterested
l'ersons,
qualified to act
as
Special or Common Jurymen, who shall
not
have
been previously struck
off
the aforesaid List, and who may
then be attending the Court, or can speedily be procured,
so
as
to
complete such Jury, all Parties having their
lawful
Challcnges
against such Persons
;
and the Sheriff shall proceed
to
the Trial and
,4d.judication of the Matters in question by such Jury
;
and such
Trial
shall be attended in
all
respects with the like Incidents and
Consequences
as
herein-before provided in the Case
of
a
Trial by
Common Jury.
LXIV.
And
2496
7"
&
8"
VICTORIB,
Cali.
lxi.
Special
LXIV.
And be it enacted, That no Special Juryman shall, without
Jurymen
not
his Consent, be summoned or required to attend any such Proceeding
to attend
than
once.
Other In-
quiries
be-
fore
Same
Jury
by
Consent.
Reference of
LXVI. And with respect to any Question
of
disputed Conipensa-
Dispute
as
to
tion, or other Matter of'Difference by this Act authorizcd to be referred
Com~ensa-
to the Determination of Two Justices, be it enacted, That either
tion to
Party may apply to such Justices in respect to any such Matter, and
Justices.
thereupon such Justices, in Presence of the Parties, or such of them
as
shall appear, being duly summoned. for that Purpose, shall examine
into the Matter in dispute, and shall award such an Ariiount of
Corn-
pensation, or shall make such Determination in respect of the Matter
so
referred to them,
as
to them shall seem
fit
;
and the Costs
of
every
such Inquiry shall be in the Discretion of such Justices, arid they
shall settle tke Amount thereof; and in default
of'
l'ayment
of'
such Costs
as
directed by such Justices the
same
shall be levied by
Distress, and the said Justices shall issue their Warrant accordingly.
as
aforesaid more than once in any Year.
LXV. And be it enacted, Thatlany other Inquiry
than
that for
the Trial of which
a
Jury may have been struck may be tried by
such Jury, provided the Parties thereto respectively shall give their
Consent to such Trial.
Company
LXVII. And be it enacted, That
if
at
any
'hie
aftcr.
thc Com-
empowered
pany shall have entered upon any Lands which under the l'rovisions
of
this
Act they are authorized to purchase, and which shall be perma-
to
purchase
the Interest
in
Landb
the
nently required for the Purposes of the Railway, ally l'arty
hall
Purchase
appear to be entitled to any Estate, Right, or Interest in or
to
or
whereof
Charge affecting such Lands, which the Company shall have failed or
have been
omitted
by
omitted duly to purchase or to pay compensation for, thcn, whether
vistake.
the
Period
granted for the Purchase of Lands shall have expired
or
not, the Company shall remain in the undisturbed Possessioii
of'
such Lands; provided, within Six Calendar Months after Notice
of
such Estates, Right, Interest,
or
Charge, in case the same shall not
be disputed by the Company, or in case the same shall be disputed,
then within Six Calendar Months after the Right thereto shall have
been finally established in any Court of Law or Equity in fkvour
of'
the Party claiming the same, the Company shall purchase or pay
Compensation for the same, and shall also pay to such l'arty, or to
any other Party who may establish
a
Right thereto, fill1 Compen-
sation for the mesne Profits or Interest which would have accrued
to
such Parties respectively in respect thereof during thc Interval
between the Entry of the Company thereon and the Time
of
the
Payment
of
such Purchase Money or Compensation by the Coiiipany,
so
far
as
such mesne Profits or Interest may be recoverable in Law
or Equity
;
and such Purchase Money or Compensation shall
be
agreed on or awarded and paid in like Manne
as,
according to thc
Provisions of this Act, the same respectively would have been agreed
on or awarded and paid in case the Company had purchased such
Estate, Right, Interest, or Charge before their entering upon
sucli
Lands, or
as
near thereto
as
Circumstances will admit.
13
1,XVIII.
.4nd
7”
&
8”
VICTORIE,
Cap.Ixi.
2497
LXVIII. And be it enacted, That in estimating any Purchase
How
Value
Money or Compensation to be given for any such last-mentioned ~~~~hto
be
Laiids, or any Estate, Right, or Interest in the
same,
or
for any mesne
estinlatec\.
Profits thereof, the Jury shall assess the same
at
such Price as they
shall find to be the Value of such Lands, Estate, Right,
or
Interest,
and Profits, without regard to any Improvements or Works made
in the said Lands
by
the Company, and as though the Railway
had not bceii constructed.
LXIX.
And be it cnactcd, That in addition to the Purchase
Coinpany
to
Money, Compensation, or Satisfaction, and before the Company shall
Pay
the
Costs
become absolutely cntitled to any such Estate, Interest, or Charge,
of
as
Litigation
to
such
as last aforesaid,
or
to have the same merged or extinguished for their
Lands.
Benefit, they shall, when the Right to
any
such Estate, Interest,
or
Charge shall have bccn disputed by them, pay the full Costs and
Expciices of any Proceedings at
Law
or in Equity for the Recovery
of thc same to the l’arties with whoni any Litigation in respect thereof
shall have talien placc
;
and such Costs and Expences shall, in case
the
same
shall be disputed, be settled
by
the proper Officer
of
the
Court in which such Litigation took place.
LXX.
And with respect to any Mines
of
Coal, Ironstone, Lime,
COIT~”Y
Slate,
or
othcr Rlincrals unclcr any Lands which shall
be
purchased .
bj-
the Company, be
it
enacted, That the Company shall not be enti-
~i~~~~l~,
tlcd
to
any such Alines or XIinerals, except only such Parts thereof
as shall be necessary to be dug or carried awsy, or used in the Con-
struction of the ltailwazy, urilcss the same shall have becn expressly
purchased by the Company
;
and a11 such Mines or Minerals, cxcept
as aforesaid, shall be cleenietl to be excepted out of the Conveyance
of
such
Lands,
unless
they shall have been cxpressly named therein, and
he thereby conveyed.
not
to be en-
titled to
LXXI.
And with rcspcct to any Land which shall be
so
cut
Power to
through and divided by the Railway as to lcave, either on both
Owners
of
Sides or
on
one
Side
thcrcof‘,
a
less
Quantity of Land than Half a
Statute Acrc, be it enacted, That
if
the
Onwr
of any snch Laud
insist
on
not being sitnate in a City
or
Tom, or built upon, requirc the Com-
Purchase
pany to purchase any such small Parcel of Land along with the other
thelcofby
Land requircd for the I’urposes of this Act, tlie Coiiipany shall pur-
the
‘Om-
chase the sanie accordingly, unless the
Owner
thereof have other
Land adjoining to that
so
left into which the same can
be
thrown
;
and if such Owner have any other Land
so
adjoining he may require
the Company, at their
own
Expence, to throw the Piece of Land
so
left into such adjoining Land, by removing the Fences and levelling
the Sites tliercof, and by soiling the same in
a
sufficient and husbnnd-
like Manner.
pany.
LXXII.
And be it enacted, That if any Land shall be
so
cut
Power
through and divided
by
the Railway as to leave on either Side
of
the
Coinpany
to
Works
a
Piece
of
Land of less Extent than Half
a
Statute Acre,
or
of
On
Pur-
chase
where
less Value than the Expelice
of
making
a
Bridge, Culvert, or such
Expence
of
other Communication between the Land so divided
as
the Conipany Bridges,
&c.
are, under tlie Provisions of this Act, compellable to make, and if the
exceeds
the
[Local.]
2s
1)
Owner
Value.
Parties
not
to
be
required
tosell Part
of
a
House.
Power
to
redeem
Mortgages.
Deposit
of
Mortgage
Money
on
Refusal
to
accept
Re-
demption.
7"
&
So
VICTORIA3,
Cup.
lxi.
Owner
of
such Lands have not other Lands adjoining such Piece of'
Land, and require the Company to make such Communication, then
the Company may require such Owner to sell to them such Piece
of
Land
;
and any Dispute
as
to the Value of such Piece of Land, or as
to what would be the Expence of making. such Communication, shall
be ascertained by
a
Jury as herein provided for Cases of disputed
Compensation
;
and on the Occasion of ascertaining the Value of the
Land required to Fe taken for the Purposes of the Railway the Jury
shall, if required by either Party, ascertain by their Verdict the
Value of any such severed Piece
of'
Land, and also what would be thc
Expence of making such Communication.
LXXIII. And be it enacted, That
no
Party shall at any Time be
required to sell or convey to the Company
a
Part only of any Mouse
or other Building if such Party be willing to sell and convey the
whole thereof.
LXXIV. ,4nd with respect to any Lands that may be required by
the Company for any of the Purposes of this Act which shall be
subject to any Mortgage, be it enacted, That the Company inay
purchase or redeem the Interest of the Mortgagee
of
such Lands, and
that whether they shall have previously purchased the Equity of
Redemption of such Lands or not, and whether the Mortgagee thercof'
be entitled thercto in his own Right or in trust for any other Party,
and whether he be in possession of such Landsby virtue
of
such
Mortgage or not, and whether such Mortgage affect such Lands
solely,
or
jointly with any other Lands not required for the Pur-
poses of this Act; and in order thereto the Company inay pay or
tender to such Mortgagee the Principal and Interest due on such
Mortgage, together with his Costs and Charges, if
any,
and also
Six Months additional Interest, and thereupon such Mortgagee shall
immediately convey his Interest in the Lands comprised in such
Mortgage to the Company, or as they shall direct, or the Company
may give Notice in Writing to such Mortgagee that they will pay
off
the Principal and Interest due on such Mortgage at the End
of
Six Months, computed fiom the Day of giving such Notice
;
and if
they shall have given any such Notice,
or
if the Party entitled
to
the Equity of Redemption of any such Lands shall haw given Six
Months Notice of his Intention to redeem the same, then at the
Expiration
of
either of such hTotices, or at any intermediate Period,
upon Payment or Tender by the Company to the Mortgagee of the
Principal Money due on such Mortgage, and the Interest which would
become due at the
End
of Six Months from the Time of giving either
of such Notices, together with his Costs and Expences (if any,) such
Mortgagee shall convey his Interest- in the Lands comprised in such
Mortgage to the Company, or as they shall direct.
LXXV. And
be
it enacted, That if in either of the Cases mentioned
in the last preceding Enactment, upon such Payment or Teiider
as
is
therein mentioned, any Mortgagee shall fail to convey his Interest
in such Mortgage as directed by the Cdnpany, or if he fail to adduce
a
good Title thereto to their Satisfaction, then it shall be lawfiul for
the Company at any Time after such Failure to pay into the
Bank
of'
Etzglund,
7”
&
8”
VICTORIB,
Cap.
Ixi.
Engkund,
in the Manner provided by this Act in Cases of Money
directed to be deposited in such Bank as aforesaid, the Principal and
Interest, together with the Costs, if any, due on such Mortgage, and
also,
if such Payment be made before the Expiration of Six Months
Notice as aforesaid, such further Interest as would at that Time become
due
;
and thereupon,
as
well
as
upon such Conveyance, Assignment, or
Assurance by the Mortgagee, if any such be made, all the Estate and
Interest of such Mortgagee, and
of
all Persons in trust for him, or for
whom he may be
a
Trustee,
in
such Lands, shall yest in the Coni-
pany;
and
in case such Mortgagee were himself entitled to such
Possession, they shall be deemed to be in the actual Possession thereof.
said which shall be of lcss Value than the Principal, Interest, and
Paid
Costs secured thereon, be it enacted, That thc Value of such Lands, exceeds
or
the Conipcnsation to be made by the Conipany in respect thereof,
Value
of
shall be settled by Agreement bctwceii the Mortgagee of such Lands
Lands.
and the Party entitlcd to the Equity of Redemption thereof on the
one
l’art, and the Company on thc other l’art
;
and if such l’arties
fail to ngrcc respecting the ilinount of such Value or Compensation,
the sanie shall be dcteriiiincd as other
Cxscs
of disputed Compensation
are by this Act directed to be cleteriiiinecl as
aforesaid
;
and the Aiuount
of such Value
or
Compensation, beiiig
so
ngrced upon or determined,
shall be paid
by
the Conipany to the Mortgagee in satisfaction of his
Mortgagc Dcbt,
so
far
as
the same will extend, and upon Payment
or
Tender thereof tlie Mortgagee shall convey, assign,
or
assure all his
Intcrcst in such mortgaged Lands to the Company,
or
as
they shall
direct.
Tcndcr as last afixcsaitl being ma&
any
such
Mortgagee as aforesaid
>loncy
shall fail to
coiivcy
his Interest in such Mortgage,
or
to adduce a Title
Tender.
thereto to the Satisfiictioii
of‘
the Company, thcn they may pay the
Amount
of
such Value or Compensation iiito the Bank
of‘
Engkond
in the
Mamicr
provided
by
this Act
in
the Casc of Monies required to
bc deposited in such Bank
as
aforesaid
;
and every such Payment
or
Deposit shall be accepted by thc Mortgagee
in
satisfwtion
of
his
Mortgage Dcbt, so fLr as the
same
will extend, and shall be a full
Discharge
of
such mortgaged Lands from all Money due thereon
;
and thercupon such Lands,
as
to a11 such Estate and Intcrcst as
werc then vested
in
the Mortgagee, or any Person in trust for him,
shall become absolutely vcstcd in the Company; and in
case
such
Mortgagee were himsclf en titled
to
such l’ossession, they shall be
deemed to be in thc actual Possession thereof; nevertheless all Rights
and Remedies posscssed by the Jlortgagec against the Xfortg;igor,
1)~
virtue of any Bond
or
Covenant
or
other Obligation other than
the Right to such Lands,
shall
rcmaiii in force in respect of
so
much of the mortgaged Debt as shall not have been satisfied by such
l’ayment
or
Deposit.
LXXVI. And with respect to any such mortgaged Lands
as
afore-
Sum
to
be
Mortgage
LXXVII.
,411d
be
it
enacted, That if upon such Payment or
Deposit
of
refused
on
LXXVIII. And with respcct to any such mortgaged Lands of which
Sum
to
be
onlv
a
Part
shall be required
for
the Purposes of this Act,
be
it
enacted,
11aid
where
Part
only
of
mort
gaged
Thit if the
Part
so
required
be
of less Value than the Principal
Money, Interest, and Costs secured
or
owing on such Lan(ls, aiid the
~~~:~l~
t,,ken.
Mortgagee
2500
7"
&
8"
VICTORIX,
Cap.
1
xi.
Mortgagee shall not consider the remaining Part of such Lands
a
sufficient Security for the Money charged or owing thereon, or be
not willing to release the Part
so
required, then the Value of such
Part, and
also
the Compensation (if any) to be paid in respect of
the Severance thereof, or otherwise, shall be settled by Agreement
between the Mortgagee and the Party entitled to the Equity
of
Re-
demption of such Land on the one Part, and the Company on the
other Part
;
and if the Parties aforesaid fail to agree respecting the
Amount of such Value or Compensation, the same shall be deter-
mined as in other Cases of disputed Compensation
;
and the Amount
of such Value or Compensation, being
so
agreed upon or determined,
shall be paid
by
the Company to such Mortgagee in satisfwtion of
his Mortgage Debt,
so
far as the same will extend; and thereupon
such Mortgagee shall convey to them, or as they shall direct,
all his Interest in such mortgaged Lands the Value whereof shall
have been
so
paid; and
a
Meiiioranduni of what shall have
been
so
paid shall be endorsed on the Deed or principal Decd creating
such Mortgage, or on the last Decd or Trnnsfcr thereof, and shall be
signed by t,he Mortgagee, and a Copy
of
such Memorandum shall
at the same Time (if required) be fh-nished by the Company, at
their Expence, to the Party entitled to the Equity of Redemption
of
the Lands comprised in such Mortgage.
Deposit
of
LXXIX. And be it enacted, That if upon such Payment or
sucllMol1ey
Tender as last aforesaid to any such Mortgagce of the Amount
of the Value of Compensation
so
agreed upon or dctcrniined such
upon
Failure
to
convey. Mortgagee shall fail to coiivcy to the Company, or as tlicy shall
direct, his Interest in the Lands in respect of which such Com-
pensation shall
so
have been paid or tcndered, or if
hc
shall fail to
adduce a good Title thereto to the Satisfaction of the Company,
it shall be lawful for the Company to pay the Amount of such
Value or Compensation into the Bank of
EngZmid
in the Manner
provided
by
this Act in the Case
of
Monies required to be deposited
in such Bank
;
and such Payiiiciit or Deposit shall be accepted by
such Mortgagee in satisfaction
of
his
Mortgage Debt,
so
far
as
the
same will extend, and shall
be
a
full
Discharge of the Portion of the
mortgaged Lands
so
required from all Money due thereon; and
thereupon such Lands shall become absolutely vested in the Com-
pany,
as
to all such Estate and Interest
as
were then vested in the
Mortgagee, or any Person in trust fbr him
;
and in case such Mort-
gagee were himself entitled to such Possession, they shall be deemed
to be in the actual Possession thercof; nevertheless every such
Mortgagee shall have the same Po\vers and lkmedies for recovering
or compelling Payment of the Mortgage Money, or the Residue
thereof
(as
the Case may be), and the Interest thereof respectively,
upon and out of the Itesidue of such mortgaged Lands, or the Portion
thcrcof not required for the Purposcs of this Act,
as
he ~~ou1cI
otherwise have had or been entitled to for recovering or compelling
Payment thereof upon or out
of
the whole
of
thc Lands originally
comprised in such Mortgage.
LSXX.
And with respect to any Lands that may be required by
of
CopyholtI
Lands
to
be
thc Company for any of the Purposes of this Act which shall be
of
enrolled.
I
Copyhold
*
7"
&
8"
VICTORIE,
Cap.lxi.
2501
Copyhold or Customary Tenure, or of the Nature thereof, be
it
enacted, That every Conveyance of any such Lands to the Company
shall be entered on the Rolls of the Manor of which the same shall
be
held or be Parcel, and on Payment to the Steward of such Manor of
such
Fees
as
would be due
to
him on the Surrender of the same
Lands to the Use of
a
Purchaser thereof he shall make such Enrol-
ment
;
and every such Conveyance, when
so
enrolled, shall have the
like Effect in respect of such Copyhold or Customary Lands as if the
same had been of Freehold Tenure
;
nevertheless, until such Lands
shall have been enfranchised by virtue of the Powers herein-after con-
tained, they shall continue subject to the same Fines, Rents, Heriots,
and Services as were theretofore payable and of Right accustomed.
make use of any such Copyhold or Customary Land for any
of
the
Lands
to
be
Purposes of this Act they shall procure the same to be enfranchised,
cllised.
and for that Purpose they shall, within Three Months after the Enrol-
ment of the Conveyance thereof as aforesaid, apply to the Lord of
the Manor whereof such Lands arc held to enfranchise the same,
and shall pay to him such Compensation in respect thereof
as
shall
be amreed upon between the Company and the Lord
of
such Manor
;
mdyf the Parties fail to agree respecting the Amount of the Compen-
sation to be paid for such Enfranchisement, the same shall be deter-
mined as
in
other Cases of disputed Compensation
;
and in estimat-
ing
such Compensation the Loss in respect of the Fines, Heriots, and
other Services payable on Death, Descent, or Alienation which would
be
lost by the resting of such Copyhold or Customary Lands in
the Company, or
by
the Enfranchisement of the same, shall be
allowed for.
LXXXI. And be
it
enacted, That before the Company shall
Copylioltl
enfran-
LXXXII. And be it enacted, That, upon Payment or Tender
of
Lord
of
t~ie
the Compensation
so
agreed upon or deterniinid as last aforesaid
Manor
to
for such Copyhold or Customary Lands as shall be purchased or
~~f~~~$~~t
taken by the Company by virtue of this Act, the Lord of the Manor
ofCon,pen-
mhereof such Lands shall
be
holden shall enfranchise the same, and
sation.
the Lands
so
enfranchised shall for ever thereafter be held in Free and
Common Socage
;
and if upon such Payment or Tender to the Lord
of the Manor as aforesaid he fail to enhxnchisc such Lands, or if he
f'd
to
produce
a
good Title to the Manor whercof such Lands shall
be holden or be Parcel, the Company shall pay the Amount
of
such
Compensation into the Bank of
En,qlrrnd
in manner required in other
like Cascs of Monies required to be deposited,
and
thereupon such
Lands shall be decmcd to be enfranchised, and shall be for ever
thereafter held
in
Free and Common Soccage.
LXXXIII. And be it enacted, That if any Copyhold or Customary
Apportion-
Lands be sul).jcct to any Customary
or
other Rent, and Part only of
ment
of
the Land subject to any such Rent be required to be taken for any
Copyhold
I~ents,
of
thc Purposes of this Act, the Apportionment of such Rent may
be
scttlcd by Agreemcnt between the Owner of the Lands and the
Lord of the Manor on the one Part, and the Company
on
the other
Part
;
and if such Apportionnient be not
so
settled by ,4greenient,
then the same shall bc settled by Two Justices; and the Elifran
[
LoC.crl.]
28
E
chisemen
2502
7"
&
8"
VICTORIAS,
Cup.
lxi.
cliisenient of any Copyhold or Custoinary Lands taken by virtue
of
this Act, or Apportionment of such Rents, shall not affect in other
respects any Custom by or under which any such Copyhold or
Customary Lands not taken for the Purposes of this Act shall be
held; and if any
of
the Lands
so
required be released fiom any
Portion of the Rents to which they were subject jointly with any
other Lands, such last-mentioned Lands shall be charged with the
Remainder only
of
such Rents; and with reference to any such
apportioned Rents, the Lord
of
the Manor shall have all the same
Rights and Remedies over the Lands to which such apportioned-Rents
shall have been assigned or attributed
as
he had previously over
the whole
of
the Lands subject to such Rents for the whole of such
Rents.
Compensa-
LXXXIV. And with respect to any such Lands
as
shall be re-
forcon'- quired to
be
taken for any of the Purposes
of
this Act, being Com-
mon or Waste Lands, be it enacted, That the Compensation in respect
of the Right of the Lord of the Manor whereof such Lands shall
be holden or Parcel in the Soil of such Lands shall be paid to the
Lord
of
the Manor; and the Compensation in respect of
all
other
Commonable Rights in or over such Lands shall be determined
by
Agreement between the Company and
a
Committee of the Parties
entitled to Commonable Rights in or over such Lands, to be appointed
as herein-after mentioned.
inon
Lands.
Lord
of
the
LXXXV. And be it enacted, That upon Payment or Tender
Manor
to to the Lord
of
the Manor
of
the Compensation which sliall have
been agreed upon or determined in respect of his Right in the Soil
Company.
of any such Lands,
as
lastly herein-before mentioned, such Lord
of
the Manor shall convey such Lands to the Company, and such
Conveyance shall have the Effect
of
vesting such Lands in the
Company in like Manner
as
if such Lord of the Manor had been
seised in Fee Simple of such Lands at the Time of executing such
Conveyance
;
and if upon such Payment or Tender
to
the Lord of
the Manor
as
aforesaid such Lord of the Manor fail to convey such
Lands, or if he fail to adduce
a
good Title to the Illanor whereof
such Lands shall be holden or Parcel, the Company shall pay the
Amount of such Compensation into the Bank of
E?zgZund
in man-
ner required in other like Cases
of
Monies required to be deposited
in such Bank, and thereupon such Lands shall
vest
absolutely
in
the Company, and they shall be deemed to be in the Possession
thereof.
ACommittee
LXXXVI. And be
it
enacted, That the Company may coiiveiie
a
Of
Meeting
of
the Parties entitled to commonable or other llights over
ties
inte-
rested
to
be
or in such Common or Waste Lands, to be held at some convenient
appointed
Place in the Neighbourhood of such Lands, for the Purpose
of
their
in
public
appointing
a
Committee to treat with the Company for the Compen-
sation to be paid for the Extinction
of
such commonable or other
Rights
;
and every such Meeting shall be called by public Adver-
tisement, to be inserted twice at least in some Newspaper circulating
in the County or in the respective Counties in which such Lands
shall be situate, not more than Fourteen nor less than Seven Days
5
prior
Par-
7"
Ce.
8"
VICTORIB,
Caplsi.
2503
prior to any such Meeting
;
and the Meeting
so
called may appoint
a
Committec, not exceeding Five in Number, of the Parties entitled to
any such Rights
;
and at such Meeting the Decision of the Majority
present shall bind the Minority and all absent Parties who may
so
be entitled, but such 1Meeting shall not be effectual for the Purpose
unless Five at least of the Parties
so
entitled attend the same.
LXXXVII. And be
it
enacted, That it shall be lawful for the
Committee
Committec
so
chosen to enter into an Agreement with the Company
:~~~~~~~~~
for the Compensation to be paid for the Extinction of such common-
and
convey
able and other Rights, and all Matters relating thereto, for and on
to
them.
behalf of themselves and all other Parties interested therein, and all
such Parties shall be bound by such Agreement
;
and it shall be lawful
for such Committee
to
execute any Assurances for the Purpose of con-
veying or extinguishing such commonable and other Rights in respect
of which such Compensation shall be paid
;
and the Receipt of such
Committee, or of any Three
of
them, for such Compensation, shall
be an effectual Discharge for the same; and such Compensation,
when rcceived, shall
be
apportioned by the Committee among the
several Persons interested therein, according to their respective
Interests, but the Company shall not be bound to see to the Appor-
tionment or to the Application of such Compensation, nor shall they
be
liable for any Misapplication or Nonapplication thereof.
LXXXVIII. And be
it
enacted, That if, upon being duly convened
fiovisioll
in
by the Company
as
aforesaid, no effectual Meeting of the Parties
default
ot'
entitled
to
such commonable or other Rights shall take place, or if,
*greement-
taking place, such Meeting
fail
to appoint such Committee
as
afore-
said, or if such Committee, being appointed, fail to agree with the
Company, the Amount of such Compensation shall be determined
as
in
othcr Cases of disputed Compensation
;
and in any such Case
the Notices rcquircd to be given for that Purpose may be served
upon any Three
of
the Parties entitled to such commonable or other
Rights, or, if no such Three Parties can be found, upon any Occupier
of the Lands over which such Rights extend, or if the same be
unoccupied, then
it
shall be sufficient if such Notice, being painted
on a Board, be affixed upon some conspicuous Part of such Lands.
LXXXIX. And
be
it enacted, That upon Payment or Tender to such
Upon
Pay-
Committec or any Three of them, or if there shall be no such Com-
mentofConl-
rnittee then upon Payment into the Bank of
England
in
the Manner
pay;ble
to
required
by
this Act in the like Cases of Monies required to be
Cominoners,
deposited in such Bank, of the Compensation which shall have been
their
Itight
agreed upon or determined in respect of such commonable
or
other
to
cease-
Rights, all such commonable and othcr Rights shall cease and deter-
mine,
and thc Company shall be deemed
to
be in possession of the
Lands the commonable and othcr Rights in or over which shall
so
cease and determine, and to be absolutely entitled thereto, freed and
discharged from all such commonable and other Rights.
XC. And with respect to any Lands which shall be charged
Releaseof
with any Rent Service, Kent-charge, or chief or other Rent,
or
other
izt:
from
Payment or Incumbrance, be it enacted, That if any DifTerence
shall
pensat ion
2504
Release
of
Part
of
Lands
from
Rent-
clwgc.
l>cposit
in
case
of
Kc-
fusal
to
release.
Cllarge
to
continue
on
Lands
not
taken.
7"
&
8"
VICTORIE,
Cup.1xi.
shall arise between the Company and the Party entitled to any
such Charge respecting the Consideration to be paid for the Release
of such Lands therefrom,
or
from the Portion thereof affecting such
Lands, the same shall be determined
as
in other Cases of disputed
Compensation.
XCI. And be it enacted, That if Part only of any Lands charged
with any Rent Service, Rent-charge, chief or other Rent, Payment,
or Incumbrance, shall be purchased by virtue of this Act, the Appor-
tionment of any such Charge may be settled by Agreement between
the Party entitled to such Charge and the Owner ofthe Lands
on
the
one Part, and the Company on the other Part; and if such Appor-
tionment be not
so
settled
by
Agreement tlie same shall be settled
by
Two Justices; but if the remaining Part of the Land
so
jointly
subject be a sufficient Security for such Charge, then, with the Consent
of the Owner of the Lands
so
jointly subject, such Owner not being
under legal Disability or Incapacity, the Party entitled to such Charge
may release therefroin the Lands required,
on
condition
or
in con-
sideration of such other Lands remaining exclusively subject to the
whole thereof.
XCII.
htl
be it enacted, That upon Payment or Tender of
the Compensation
so
agreed upon or determined to the Party entitled
to any such Charge aforesaid such Party shall execute to the
Company
a
Release of such Chargc, and if he fail
so
to do, or if he
fail to adduce
a
good Title to such Charge to the Satisfttction of the
Company, they shall
pay
the Amount of such Compensation into the
Bank of
England
in the Manner provided
by
this Act in the like
Cases of Monies required to
be
deposited in such Bank, and thcre-
upon the IZeiit Service, Rent-charge, chief or other Itent, l'aynient,
or Incumbrance, or the Portion thereof in respect whercof' such Com-
pensation shall
so
have becn paid, shall cease and be extinguished.
XCIII. And be it enacted, That if any such Lands be
so
released
from any such Charge or Incumbrance, or Portion thereof, to which
thcy mere subject jointly with other Lands, such last-mentioned Lands
shall alone
be
charged with tlie whole of such Charge, or with the
Remainder thereof,
as
the Case niay be,
and
the Party entitled to
the Charge shall
ha^
all the same ltights and Remedies over such
last-mentioned
Lands
for the whole or
(as
the Case may be) for
tlie 1Zcniainder of the Charge as he had previously over the whole
of the Lands subject to such Chargc; and if upon any such
Charge or Portion of Charge hcing
so
released the Oecd or In-
strument creating or transferring such Charge
bc
tendeied to the
Company for the Purpose, thcy shall
fix
their Coninion Seal
to
a
Rlcmorandum of
such
Release cndorscd on such
Deed
or
Instrument, declaring what Part of the Lands originally subject to
such Charge shall hare been purchased by virtue of this Act,
and
if the Lands be released fioni Part of such Charge, what l'ropor-
tion of such Charge shall have been releascd, and how much
thereof continues pa~able, or if the Lands
so
required shall have been
released from the whole of such Charge, then that the remaining
Lands arc thenceforward to remain exclusively charged therewith
;
and
7”
&
8”
VICTORIB,
Cali.
lxi.
2505
and
such Memorandum shdl
1)c
made
and
executed
at
the Expence
of
the Company,
and
shall
be
1;vitlence in a11 Courts and elsewhere
of
the Facts therein stated, but not
so
as to cxclude any other Evidence
of
tlic same Facts.
XCIV.
And
with respect
to
any Lands which shall
be
comprised
\\TIley
part
in
a
Lease
for
n
Tcrni of
Years
iinexpircd,
or
shall
be
held
by
n
onIyofLands
Tenant at Will,
or
from Year to
Year,
l’art oiily of which
1,ands
&ll
under any
Lease
or
bc
piirchascti
or
taken
by
virtue of this Act, bc
it
enacted, That the
Tenancy
Rent payable
in
respect
of
the Laiicls coinprised in such Lease,
or
shai~
be
licltl by
any
such Tenant,
shall
bc
apportioned betwccn
the
Land4
takeo,
the
so
piuchnsctl or taken and thc Ikdue of such Lands
;
and such
app
Rent
or
to
t
i
one
be
(1.
Apportionmcnt
may
be settled
1))-
Agreement betwccn tlie Lessor
or
Owner
and
1,cssec
or
Tenant of
such
Lnncli
on
thc
one
l’art, anti
thc Company
011
thc other l’art
;
and
if
ciich Apportionment
be
not
so
scttletl
11.y
Agreement 1)ctwceii
the
Parties, such Apportioiiiiiciit
shall be scttletl by
Two
Jiiqticcs
;
and
after such Apportionriient tlic
Le~wc
of
such
Lands
shall,
ai
to
all
future accriiin$ Rent,
be
liable
oiil~. to
so
much of the llent
as
shall
be
so
apportionccl in rcspcct
of the Lands not
so
piirchasetl
or
taken
;
mid
the
Lessor
or
Owner
of
such
]act-mentioned Lnntis
sha~~
have
all
thc same Itighti aiid
Iternedies
for
the llecovcry of siicli apportioned
ikrit
as previously
to
snch Apportionniciit he
had
for
the llecovcry of the whole llcnt
reserved
by
such
Lcasc, or
by
any written
or
verM Agreement
;
anti
all
the
Covenants, Conditions,
and
Stipulations of such Lease
01’
,l~rccincnt (except
as
to the Amount
of
Rent to be
paid)
.;hall
rcniain
in
forcc
with
rcgxrd
to that
Part
of tlie 1,aiids which
shall
not be
so
purchased
or
taliell
by
virtue of this Act, in the .;~IIIC
~Manuer as thcy ~wuld
have
clone in case such Laiids oiily had been
inclitded
in
the Lcasc or Agreement.
XCV.
And he
it
enacted, That
cvcry
such Lcsscc for
a
Tern1 of
Lessees
to
Years
as
last aforesaid shall be entitled to rccciw fiom the Company
Compensation
for
the Dainagc done
to
him in his Tenancy by reason
of
the
Severance
of
the Lands required froni those
not
required,
or
otherwise
by
reason
of
the Execution
of‘
any
IVorks
to be niade
byv
virtue
of
this Act.
conll’eL’-
sat
c
d.
XCVI.
Yind
with
respect to
any
Lands purchased
or
taken
1)y
Coinpen>a-
thc Company by T-irtue of this Act which shall bc
in
the Possession
tion
to
be
of
any
Person having
no
greater Intercit therein than
as
Tenant
at
macle
to
lennnts
‘it
Will,
or
for
a
Year,
or
from Year to
Ycnr,
bc
it enacted, That
if
liill,
or
fr,)l,l
anj-
siicli
Person
be
required to give
iip
l’osscs&m of such Lands to Tear
toycar.
the
(’onipanj
bcforc
thc Expiration
of‘
his Tcrni
or
Interest thcrcin,
he shall be ciititlcd
to
Compensation for tlie Value of his
unexpired
Term
or
Intercst in
such
Lands, or if
a
l’art only
of
such
Lands
be
so
purchased
or
taken then Conipcnsntion
for
tlic Damage done
t
him in his Tenancy
by
the Scvcraiicc of tlie Lands
so
purchased
or
talien
from
those not
so
purchaicti
or talien
;
and
the
Amount of
such
Compensation shall
1)e
dctcrmined
1)s
Two
Justices,
in
case
thc I’artics differ
about
the same
;
and
upon Payment
or
Tcnder of tlie
Amoimt of
such
Compensation to
such
Tenant he shall deliver
up
to
the
(‘onipany,
or
to the l’crsoii appointcd by them to takc possession
[Locctl.]
2s
F
thereof;
2506
7"
&
8"
VICTORIE,
thereof, any such Lands so purchased or taken by virtue
of
this Act,
without any such Notice to quit
as
is required by the said first-recited
Act, or any other Notice for the Purpose.
On
llefusal,
Sheriff
to
@ve
Posses-
son.
XCVII, And be it enacted, That if any such Tciinnt at Will,
or for a Year, or fioni Year to Year, shall refuse to give up such
Possession
of
such Lands
as
last aforesaid, it shall
be
lawful for the
Company, after making Payment or Tender of such Coinpensation
as lastly herein-before mentioned, (but not otherwise,) to issue their
Precept, under their Coninion Seal,
to
the Sheriff, to delivcr up
Possession of such Lands
to
the Person in such Precept noiniiiated to
receive the same
;
and upon the Receipt
of
such Precept the Sheriff
shall deliver Possession of such Lands in obediciice thereto
;
and
the Party so refusing
to
give up Possession shall pay the
Costs
incurred in the issuing and Execution of such Precept, to be settled
by the Sheriff; and if, on Demand, he fail to pay the same, they
shall be levied by Distress, and the Sheriff shall issue his IVnrrnnt
accordingly.
Production
Of XCVIII. And be it enacted, That if any Party claiiii Compensa-
tion in respect of any unexpired Tcrm or Intcrcst under any
Lcasc
or
Grant of any such Lands as shall be purchased
or
taken by yirtue
of
this Act, the Company may rcquire such Party to produce to thein
the Lease or Grant in respect of which such Claim shall be made,
or the best Evidence thereof in his Power; and if, after Demand
inade in Writing
by
the Company, such Lease
or
Grant, or the best
Evidence thereof, fie not
so
produced within
a
reasonable Time, the
Party
so
claiming Compensation shall be considered
as
a Tcnant
holding only fioin Year to Year, and be entitled to Cornpens.
t'
ion
accordingly.
Comi1~1~0ry
XCIX. And
be
it enacted, That the Powers of the Coiiipany for
Purchase
the coinpulsory Purchase or taking of Lands for the Purposes
of
this
limited to
Three
years.
Act shall not
be
exercised after the Expiration
of
Three Years
fiom
the passing thereof.
Capital to
be
C.
And be it enacted, That before any of such Powers shall
be
put
subscribed
in force the
vholc
of the additional Capital of
Two
hundred ancl
sixty thousand Pounds herein-before authorized to bc raised shall be
before
Powers for
Purchase
subscribed either
by
the present Proprietors of the COmpZLily in
Lands
cxer-
manner herein-bcfore provided, or
by
other Persons under Contract,
cised.
binding the Parties thereto, their Heirs, Executors, and Adrninis-
trators, for the Payment of thc several Sums by them respectively
subscribed
;
and
n
Certificate under the Hands of Two Justices,
certifying that the whole of the said Sum has been
so
subscribed,
shall be sufficient Evidence thereof; and
on
the Application of the
Company, and the Production of such Evidence as such Justices shall
think proper and sufficient, such Justices shall grant such Certificate
accordingly.
21.
hd for the Purpose
of
making Provision respecting the Sale
of Lands acquired by the Company under the Provisions of this
Act or the said recited Acts,
or
any or either
of
them, but which
shall
Lands
not
wanted
to
be
sold.
7"
&
8"
VICTORIB,
Cuplxi.
2507
shall not be required for the Purposes thereof, be it enacted, That
the Coinpany shall sell all such superfluous Lands in such Manner as
they may deem most advantageous, and convey the same to the
Purchasers thereof by Deed uiitlcr tlic Common Seal of the Coni-
pany
;
and
a
Receipt under such Coinmon Seal, or under the Hands
of Three
of
the Directors for tlie Time being
of'
the Company, shall
be
a
sufficient Discharge to the Purchaser of any such Lands for
the Purchase Money in such Receipt expressed to be received
;
and
such Sales shall take placc vithin Ten \-ears after the passing
of
this Act.
CII. And
be
it enacted, That if the Company
do
not sell such
Lands notso
superfluous Lands within the Period last aforesaid, then such Lands
?~'$~''~jkf
remaining unsold at the Expiration
of
such Period shall thereupon
acljoining
vest in and become the Property of the Owners for the Time
~3~1~1s.
being of thc Lands adjoining thereto, in proportion to the Extent
of'
tlicir Lands respectively adjoining the same.
CIII. Provided always, and bc it enacted, That before the Corn-
Lands
to
be
pany dispose of any such superfluous Lands they shall first offer offeredto
the
to sell thc same to tlie Person then entitled to the Lands
(if
any)
toadjoir,ing
fioni which the samc were originally severed
;
or if such Person refuse
Owner<.>
to purchase the
same,
or cannot be found, then the like Offer shall
be made
to
the
Person or to the several Persons whose Lands shall
iniiiiediatcly atljoiii the Lands
so
proposed to be
sold,
such Person
or Persons being capable
of
entering into
a
Contract for the Pur-
chase of such Lands
;
and where more than One such Person shall be
entitled to such Right of Pre-emption, such Offer shall be made
to such Persons in succession one after another in such Order
as
the
Company shall think fit.
original
or
CIV. And be it cnactcd, That if such respective Persons be
IWtofl're-
desirous of purchasing the Lands
so
offered to them, then within
Sixty
Days
after
such
Offer
of
Sale thcy shall
signicy
their Desire
mithin
Sixty
in that Behalf to the Coiiipany
;
or
if
they
decline such Offer, or
Days.
if for Sixty lhys they neglect to signify their Desire to purchase
such Lands, the Hight of Pre-emption of every such Person
so
declining
or
neglecting in respect of the Lands included in such
Offer shall cease
;
and
thereupon
a
Declaration in Writing, made before
a
Justice by sonic Person not interested in the Matter in question,
stating that the Person or
a11
the Persoils entitled to the Right of
Pre-emption were out of thc Country,
or
could not be found, or
~vere not capable of entering into a Contract
for
the Purchase
of
such Lands, or that such Offer
was
made and vas refiised, or not
accepted within Sixty
Ihys
from the Time of making the same,
shall in a11 Courts whatsoever be sufTicicnt Evidcnce
of
the Facts
therein stated.
to
be
claimed
CV. Provided always, and be it enacted, That in any Case in
Provisoas
which the Company shall have purchased or acquired any Housc to
Saleof
or Land within any City, Town,
or
Borough, or the Limits thereof,
~~$:~~~~t-
it shall be lawful for the Company absolutely
to
sell and dispose
of
all or any Part
of
such Housc or Land to such Person and in such
ill
an ne
r
Differences
as
to
Price
to
be
settled
as
in
other
Cases.
Eft‘ect
of
the
Word
(6
grant
in
Convey-
iin
c
es
.
7”
&
8”
VICTORIA$
Cuplsi.
Manlier as thc Company shall think
proper,
without being required
previously to
offer
to
sell
the
same
to the l’erson entitled to the
Lands from which the same
was
severed,
or
to the Pcrsoiis
diose
Lands
adjoin thereto.
CVI. And be it enacted, That if any Person entitled to any such
Pre-emption
as
aforeuaid
be
desirous of purchasing any such Lands,
and
such
Person
and
tlic
Collipany
do
not agree
as
to the Price
thereof, thcn such Price shall
lx
ascertained as in othcr Cases
of’
disputed Coiiipeiisatioii
;
and
upon
l’ayiiicnt
or
‘I’cndcr to the Coni-
pany of the l’urchasc
Jloiicy
so
agreed
upon
or
cicterminccl they
shall
coiivey
such Lands to the Party
so
entitled to purcliasc the
same,
or
as
hc
shall direct
;
%lid every such Con~eyance shall
bc
cffcctual for vesting the
Lands
coiiipriscd therein in the Purchaser
or
othcr
Grantcc tliercof
for
the Estate which the Purchaser shall
be entitlcd to
;
ant1
the Moncy produced by the Sale
of
such
Lands
by
the Collipany shall
be
applied by thcin for the Purposes
of‘
tlic
Kcirks
to
be
done
by
virtue
of‘
thia Act
aid
the said rccitcd Acts,
or any
of
tllClll.
CVII.
And
bc
it enacted, Tliat
in
every
Coiiveyaiice of Lands
to
be
made bj-
the
Company uiidcr this
,4ct
tlic Word
‘‘
grant
shall
opcratc
as
express Comiiants
by
tlic Company, for theiiiselves and
their
SL~CCC~SO~S,
II
ith tlic Graiitcc therein
nanie‘d,
and the Successors,
Heirs, Executors, Adniinistratorq, :aid Assigns
of
such Grantee,
according to
the
Quality or Nature
of
such
Grants,
and
of
the
Estate
or
Iiitercst therein expressed to
be
thereby
conveyed,
as
follows, except
so
fiir
as
the
sanie
shall
be
restrained
or
limited
by
express
Words
contained in any such Coiiveyance
;
(that is to say,)
A
Covciiant that, notivithstanding any Act
or
DcEiult done by the
Company, they
\\-ere,
at the ‘l’inic
of
thc Execution
of
such
Conveyance, seised
or
possesscd
of the Lands
or
Premises
thereby
granted for an iiidcfcasiblc Estate
of
Iiihcritancc in Fcc
Simple,
f>ec
froin
a11 Incunibranccs
doiic
or
occasioned by thcin,
or
otherwise for
such
Estate
or
Iiitercst as tlicreiii cxprcsseci to
he thereby granted,
free
from Incunibranccs done
or
occasioned
bv
tllenl
:
A
ovena ant
that the Grantee
of
such
Lands
or
l’reiiiises, his Suc-
ccssors, Heirs, Executors, Administrators,
and
Assigns,
(as
the
Case
niay bc,) shall quictly ciijoy the
saiiie
against the
Coni-
pmiv
and
thcir
Succcssors,
and all othcr Pcrsoiis claiming under
theh,
and
be
indemnified
and saved harmless by the Company
and their Successors fiom all Incumbrances crcatccl by the
A
Corcnant
for
fiwtlicr Assurance
of
such Lands
or
Premises, at
the Expciice of such Grantee,
his
Successors, Heirs, Executors,
Administrators,
or
Assigns, (as thc Case inay be,) by the
Coni-
pany
or
their Succcs~ors, and all otlicr Persons clainiing under
them
:
And
all
such Grantees, and their Successors, Heirs, l
,\ciministrators,
and
Assigns respcctivcly, according to their respective
Quality or Sature, and to the Estate
or
Iiitercst
in
such Conveyancc
Compnny
:
exprcssd
4
7"
&
8"
VICTOKIE,
Cap.
Ixi.
2509
expressed to be conveyed, may in all Actions brought by them assign
Breaches of Covenants
as
they might do if Covenants were expressly
inserted
in
such Conveyances.
CVIII. And be it enacted, That for any
of
the following Purposes
Power
to
it shall be lawful for the Company, in addition to the Lands autho-
p urchase
Lands
re-
rized to be compulsorily taken by them
as
aforesaid,
to
contract with
quiredfor
any Party willing
to
sell the
same
for the Purchase
of
any Land
adtlitionat
ad$ning or near to the Railway, not exceeding in the whole Fifty
Stations,&.c.
Acrcs
;
(that is
to
say,)
For the Purpose of making and providing additional Stations, Yards,
Wharfs, and Places for the Accommodation
of
Passengers, and
for
receiving, depositing, and loading or unloading Goods or
Cattle
to
be
conveyed upon the said ltailway or Branch, and
for
the Erection of Weighing Machines, Toll Houses, Offices, Ware-
houses, and other Buildings and Conveniences
:
For the Purpose
of
inaking convenient Roads or Ways
to
the said
Itailway, or any other Purpose which may
be
requisite or
convenient for the Formation or Use of the Railway
:
And
it
shall be lawful
for
all Parties who, under the Provisions
herein-before contained, would be enabled
to
sell and conrey Lands
required for the Railway, to sell and convey Lands required
for
any
such additional Purposes
as
aforesaid.
CIX. And be it enacted, That it shall
be
lawful for the Company
Authority
to
to sell the Lands which they
at
any Time shall have
so
acquired, or
Company
to
any Part or Parts thereof,
in
such Manner, and for such Considerations,
and
re-
and
to
such Persons,
as
the Company may think fit, and
again
to pur-
such
chase other Lands for the like Purposes, and afterwards
to
sell the
same, and
so
from Time to Time
;
but the total Quantity of Land
to
bc
held
at
any one Time
by
the Company for such additional Purposes
as
aforesaid shall not exceed Fifty Acres.
purchase
CX. And be it enacted, That the Company shall not, by virtue
Restrainton
of
the Power herein-before given to purchase Land for additional Pur-
Purchase
poses,. purchase more than Fifty Acres from any Party under legal
~~L~t~~~~-
Disability, or who would not be able
to
sell and convey such Lands
persons.
except under the Powers
of
this Act; and if the Company purch:ise
such Quantity
of
Land
fiom
any Party under
legal
Disability,
and
afterwards sell the Whole or any Part
of
the Land
so
purchased, it
shall not be lawful for any Party being under legal Disability
to
sell
to
the Company
any
other Lands in lieu of the Land
so
sold or
disposed
of
by the Company.
CXI. And whereas Plans and Sections of the Railway showing the
Deposited
Lines and Levels thereof respectively, and also Books of Reference
Plans
and
Books
of
containing the Names
of
the Owners, Lessees, and Occupiers, or
reputed Owners, Lessees, and Occupiers,
of
the Lands through
be open
for
which the same are i'ntended to pass, have been deposited with the
Inspection.
respective Clerks of the Peace for the County
of
the City of
York,
for the North Riding
of
the County
of
York,
for the
East
Riding of
the County of
York,
and for the Borough of
Scarborough
aforesaid
;
be it enacted, That all Persons interested may at all seasonable
[Local.
J
28
G
Timcs
2510
7"
&
8'
VICTORIE,
Cap.
lxi.
Times inspect such Plans, Sections, and Books of Reference, and
may require to be furnished by any such Clerk of the Peace with
Extracts therefrom or Copies thereof; and every such Clerk of the
Pcacc shall give Access to such Documents, and,
if
required, furnish
Copies thereof or Extracts therefrom, and certify the sanie to be true
Copies or Extracts, and in respcct thereof he shall be entitled to
One Shilling for every Inspection of such Documents, and One Shilling
for every Hour such Inspection shall continue beyond the first Hour,
and Sixpence for every One hundred Words copied or extracted
therefrom
;
anti if niiy such Clerk of the Peace shall fail to comply
with any of the Provisions aforesaid he shall forfeit for every such
Offence
a
Sum not cxceeding Five Pounds.
Itailway
not
CXII.
And
hereas as
since the depositing of the said Plans and
to
be
pro-
Sections as herein-before mentioned an Alteration of the Line of
wit''
the said Railway,
as
laid domii and defined upon such Plans and
until
certain
plans
kc.
Sections, has been agreed upon
and
determined, with the Concurrence
deposited.
of
the Owners and Occupiers of the Land through which such
Alteration
is
to 1)c made
;
be
it
therefore enacted, That it shall not
be lawful for the Company to proceed in the Execution of the Kailway
herein-before authorized to be made unless the said Company shall
have, previously to the Coiiinienccmcnt of such Work, deposited with
the rcspectivc Clerks of the Peace for the County of the City of
York,
for the North Riding of thc County of
York,
and for the East IZidiiig
of the County of
York,
Plans and Sections of such Alteration from
thc original Plans and Sections
as
shall have been approved of' by
Parliament, on the same Scale and containing the sanie Particulars
as
the original Plans and Sections, and authenticated by the Signa-
ture
of
the Right Honourable the Speaker of the House
of
Commons,
and also with the Clerks of the several Parishes in or through which
such Altcrations shall have been authorized to be made Copies or
Extracts of or from such Plans and Sections as shall relate
to
such
Parishes respectively
;
and
all
Persons interested shall hare Liberty
to inspect and make Extracts from or Copies of the said Plans and
Sections, or
of
the Extracts or Copies thereof, paying to the Officer
having thc Custody of such Plan and Section, or of such Extract or
Copy, the Sum of
One
Shilling for every such Inspection, and after
the Itate of Sixpence for every One hundred Words copied therefrom.
Errors
and
CXIII. And for the Purpose of making Provision for correcting
Omissions
to any Omission, Mis-statement, or erroneous Description of any Lands,
becorrccted*
or of the Owners, Lessees, or Occupiers of any Lands, described on
the said Plans or in the said Books of Keference, or the Schedule
(D.)
hercto, be it enacted, That the Correction of any such Matter
may
be referred by the Company to the Determination
of
Two
Justices
;
and if it shall appear to such Justices that such Omission,
Mis-statement, or erroneous Description arose from Mistake, they
shall certify the same accordingly, and they shall in such Certificate
state the Particulars of any such Omission, and in what respect any
such Matter shall have been mis-stated or erroneously described
;
and
such Certificate shall be deposited with the several Clerks
of'
the Peace aforesaid, and Copies or Extracts thereof with the Clerks
of the several Parishes in which the Lands affected thereby shall
be
7
situate
j
7"
&
8"
VICTORIB,
Cc..
lxi.
251
I
situate
;
and such Certificate, and such Extracts or Copies respec-
tively, shall be kept by such Clerlis of the Peace and Clerks of the
Paridles respectively along with the Documents to which they relate
;
and thereupon such Document, or the Schedule (D.) to this ,4ct,
shall
be
decmctl to
be
corrected according to such Certificate, and
it shall
be
lawful for the Company to
make
the Railway in accor-
dance with such Certificate.
CXIV. And bc
it
enacted, That true Copies of the aforesaid Plans
Copies
to
and Books of Reference, or of any Correction thereof or Extracts
beEvidence.
therefrom, certified
by
any such Clerk of the Peace, shall
be
received
in all Courts of Justice or elsewhere as Evidence
of
the Contents
thcrcof.
.
CXV. And be it enacted, That the Company in making the
Coitipu:ly
Itailway shall have Power
to
deviate
from
the Line delineatcd
on
empoweret'
to
deviate
the Plans
so
depositcd, provided that no such Deviation shall extend
from
I+,fle
to
a
greater Distance than the Limits of Deviation show-n upon the
said Plans, and that no such Ikviation shall extend to a greater
Distance in passing through
i
Town than Ten Yards, nor elscwhere
to
a
greater Distance than One hundred Yards, from the said Line
;
nor shall the llailway by means of such Deviation be made to extend
into the Lands or Property of any l'erson whose Name is not men-
tioned
in
the said
Boolis
of' lleference, without the previous Consent
in
Writing of such Pcrson, unless the Kame of such Person shall have
been omitted by Mistake, and the Fact that such Omission proceeded
fiom Mistake shall have been certified in manner herein-before
provided for in Cases of unintentional Errors in the said Books of
lle ference.
CXVI. And be it enactcd, That in making the Railway it shall
Limiting
not be lawful for thc Company to deviatc
fiom
the Levels of
from
Deviations
Datuni
the Railway
as
referred to the common Datum Line described on I,ine
de-
the Section
so
deposited as aforesaid. and
as
marked on the same,
scribed
to
any Extent exceeding in any Plan- Five Feet, or in passing
t11e Section.
through Towns Two Feet, without the Consent of the Owners,
kc-
Lessees, and Occupiers of the Land in, through, or over which
such Deviation is intended to be made; or in case any Street or
public Carriage Road shall be affected by such Deviation, then
the same shall not be made without the Consent of the Trustees or
Commissioners, or, if there be
no
such Trustees or Commissioners,
without the Consent of
Two
or more Justices of the Peace in Petty
Sessions assembled for that Purpose, and acting for the District in
which such Street or public Carriage Road may
be
situate, or without
the Consent
of
the Commissioners for any public Sewers, or
the
Proprietors
of
any Canal or Navigation, affected by such Deviation
;
and that no Increase in the Inclination or Gradients of the Rail-
way, as denoted by the said Section, shall
be
made in any Place to an
Extent exceeding the Rate of Three Feet
per
Mile
;
and where in
any Place it is intended to carry the Railway on an Arch or Arches,
as marked on the said Plans or Sections, the same shall be made
accordingly
;
and where
a
Tunnel is marked on the said Plans
or
Sections
2512
7"
&
8''
VICTORIB,
Sect.ions as intended to be made at any Place, the same shall be made
accordingly, unless the Owners, Lessees, and Occupiers of the Land
in or through which such Tunnel is intended to be Inade shall consent
that the same shall not be
so
made: Provided nevertheless, that it
shall be lawful for the Company, with such Consent as aforesaid, and
not otherwise, to make a Tunnel or an Arch or Arches as aforesaid,
not marked on the said Plans or Sections, so that
no
such Tunnel shall
be of greater Length than Two hundred Yards, and that no Two
Tunnels be at
a
less Distance fiom each other than One hundred
Yards, measured on the Line
of
the Railway
:
Provided always, that
Notice
of
every Petty Sessions to be holden for the Purpose of
obtaining such Consent as aforesaid shall, Fourteen Days previous to
the holding
of
such Petty Sessions, be given in some Newspaper
circulating in the County, and also affixed upon the Church Door of
the Parish in which such Deviation or Alteration is intended to be
made, or, if there be no Church, some other Place to which Notices
are usually affixed
;
and -provided also, that for the Purpose of con-
senting to any such Deviation fiom the said Sections, and to any
Tunnelling or Arching
as
aforesaid, the Word
"
Owners
"
shall
be
deemed and taken to mean such Persons as are herein capacitated
to agree for the Sale of and to convey Land for the making of the
Railway; and the Consent of such Persons, with or without the
Consent of any other Persons interested as Owners in the said Lands,
shall be deemed and taken to be sufficient for such Purposes.
Limiting
Curves.
CXVII. And be it enacted, That it shall not be lawful to diminish
Of
the Radius of any Curve as described on the Plans deposited with the
Clerks of the Peace unless such Radius exceed One Mile, nor to
diminish it in any such Case
so
that it shall become less than One
Mile, nor to diminish any greater Radius by more than
a
Quarter
of
a
Mile unless where it exceeds Two Miles, or by more than Half
a
Mile unless where it exceeds Three Miles, on the said Plans.
Houses and
CXVIII. And be it enacted, That the Company shall not take
inclosed
or injure any Property
of
the following Kinds, except such
as
shall
Grounds
not
be specified in the Schedule (D.) to this Act, without the Consent in
Writing
of
the Owners and Occupiers thereof, unless the Omission
to
be
taken
unless speci-
fied
in
the
in
such Schedule be certified, according to the Provisions herein-
Schedule.
before contained, to have proceeded fiom Mistake
;
(that is to say,)
any House or Building erected on or before the Thirtieth Day of
November
One thousand eight hundred and forty-three, or any
Ground on
or
before that Day inclosed or set apart and used as
a
Garden, Orchard, Nursery Ground, Yard, Plantation, planted Walk,
or Avenue to
a
House.
For
the
Pro-
CXIX.
And
be it enacted, That nothing in this Act contained
tectionofthe shall authorize the Company to take any Part
of
the Ground used
as
a
Burial Ground belonging to the Society
of
Friends, situate
in
Quakers
Burial
Ground
the Parish of
Scarborough,
and numbered on the Plan
128,
for the
at
Scar-
Purposes of the said Railway, without the Consent in Writing of the
Trustees
of
the said Society first had and obtained.
CXX.
And
7"
&
8"
VICTORIE,
Cajxlxi.
2513
CXX. And be
it
enacted, That, subject
to
the Provisions and
Works to
be
Restrictions contained in this Act,
it
shall be lawful for the Company,
executet*.
for
the Purpose
of
constructing the Railway,
to
execute any
of
the
following
IVorks
;
(that is to say,)
They niay mnke or construct, in, upon, across, under, or over any
Lands, Streets, Hills, Valleys, Roads, Railroads or Tramroads,
Rivers, Canals, Brooks, Streams, or other Waters described on
the said Plans or mentioned in the said Books of Reference,
or any Correction thereof, such temporary or pernianent inclined
Planes, Tunnels, Embankmcnts, Aqueducts, Bridges, Roads,
Ways, Passages, Conduits, Drains, Piers, Arches, Cuttings,
and Fences,
as
they think proper
;
They may alter the Course of any navigable Rivers to the Extent
shown upon the Plans deposited with the Clerks of the Peace
and Parish Clerks respectively,
as
herein-before mentioned
;
They niay alter the Course of any Rivers not navigable, Canals,
Brooks, Streams, or Watercourses, if necessary for constructing
and maintaining Tunnels, Bridges, Passages, or other Works
oyer or under the same, and divert or alter,
as
well temporarily
as permanently, the Course of any such Rivers or Streams of
Water, Roads, Streets, or Ways, or raise
or
sink the Level of
any such Rivers or Streams, Roads, Streets, or Ways, in order
the more conveniently to carry the same over or under or by
the Side of the Railway,
as
they may think proper
;
They may make Drains or Conduits into, through, or under any
Lands adjoining the Railway, for the Purpose
of
conveying
Water from or to the Railway
;
They may erect and construct such Houses, Warehouses, Offices,
and other Buildings, Yards, Stations, Wharfs, Engines, Machinery,
Apparatus, and other Works and Conveniences, as they think
proper
;
They may from Time to Time alter, repair, or discontinue the
before-mentioned Works or any of them, and substitute others
in
their Stead; and
They may do all other Acts necessary for making, maintaining,
altering, or repairing and using the Railway
:
Provided always, that in the Exercise of the Powers hereby granted
the Company shall do as little Damage
as
can be, and shall make
full Satisfaction, in manner herein provided, to all Parties interested,
for
a11
Damages by them sustained by reason
of
the Exercise of such
Powers.
CXXI. And be it enacted, That the Lands to be taken for the
Breadthof
Line of the Railway shall not exceed the Breadth of Twenty-two
Land
forthe
Yards, without the Consent in Writing of the Owners and Occupiers
of the Lands the Excess of which shall be
so
required, except in the
following Cases
;
(that is to say,)
Railway.
Except
at
or
near the Termination of the Railway
:
Except on Commons, Downs, Moors, or uninclosed or waste
And exccpt where
a
greater Breadth shall be required for the
following Purposes
;
(that is
to
say,)
[
Loccll.]
28
H
For
Grounds
:
2514
7”
&
8”
VICTORIiE,
Cup.1xi.
For Carriages to wait, load or unload, and to turn or pass each
other
;
For raising Embankme~ts or Viaducts for crossing Valleys
or
low
Grounds
;
For Cuttings
or
Side Cuttings;
For tlie Erection and Establishment of any fixed or permanent
Machinery, Toll
Houses,
Warehouses, DepOts, Stations, Wharfs,
Erections, or Buildings
;
and
For the Purpose of any
Side
Road for agricultural or general
Purposes
:
And in any of such excepted Cases
as
aforesaid
it
shall be lawful
for thc Company to take and
use
a
greater Breadth of Land than
Twenty-two Yards, but in no Case shall the Breadth of Land
so
taken exceed One hundred Yards, except for Cuttings and Embank-
ments, or any DepBt or Station connected with the Railway.
Empowering
Board
of
CXXII. And whereas the Land intended to be taken for the Rail-
Trade to
compel the
laying
down
of‘
additional
Line
of
Rails
atid
electric
‘ret
egraph.
Con:pn
y
required
to
c
o
nip
IC
t
e
lirancl;
at
same Time
as
tlie
Main
Line.
Regulating
Distance
of
Rcl
il
way
from
thc
Turnpike
lioad
in
the
Township
of
1
a!sgravc.
Bridge over
the
Ouse
how
to
be
con-
structed.
way will bc of such Width
as
to
admit of the laying domn thereon
of
a
double Line of Rails, but it
is
not proposed in the first instance
to lay down more than
a
single
Line
of
Rails
;
be
it
therefore enacted,
That if
at
any Time after T~dve Months from the opening of the
said Railway to the Public it shall appear to the Lords of Her
Majesty’s Committee
of
Council for Trade and Foreign l’lantations
that an additional Line of Rails is required for the Safety of the
Public
using
the said Railway, then and in such Case the
said
Com-
pany shall and they are hereby required, upon receiving
an
Ordcr to
that Effect from the Lords
of
the said Committee, to
lay
down
an
additional
Line
of
Rails upon the said Railway within such Time
as
shall
be
fixed by the Lords of the said Committee for the Purpose
;
and if it shall appear to the Lords of the said Committee that it would
be expedient, with
a
view
to
the public Safety, that an electric
Telegraph should
be
laid down on the said Line, then and in such
Case the Company shall lay down such Telegraph, on being required
so
to do by the Lords
of
the said Committee.
CXXIII. And be it enacted, That the said Company shall
aiid
they are hereby required to make and conipletc the Branch Rail~ay
froin that
Part
of
the Itailway hereby authorized to be made within
the said Parish of
Billington
to the
Towii
of
I’ickeri~zg
aforesaid, so
as
that the
same
may
be
completed and
in
a
fit
State to be opened
with the Railway hereby authorized to be made.
CXXIV. And
be
it
enacted, That the Railway passing through
the Township
of
F’alsgrnve
in
the Parish of
Scarborough,
measuring
from the Centre thereof, shall not be nearcr to the Turnpike Road
leading from
Siiittleliouse
to
Scni*boroicgh
than Seventy Yards wherc
such Turnpike Road adjoins the
Fields
numbered Seventeen and
Twenty-five
on
the Plans of such Railway, lodged with the Clerks
of
the Peace herein-before referred to, and not nearer than Fifty Yards
in
any other Part of the Township of
Ftilsgraue
aforesaid.
CXXV. And whereas
it
is
intended to curry the said Railway
over
the River
Ouse
by
a
Bridge; be
it
cnacted, That such Parts
of
the
G
Bridge
7"
&
8"
VICTORIB,
Cup.Ixi.
2515
Bridge to
be
erected by the Conipany over the said River
Ouse
as
will
affcct thc Navigation shall be constructed
so
as
to leave bctwxn
each
of the Piers or Supports
of
such Bridge an uninterrupted Water-
way
of
not less than Thirty Feet in Width
;
and the Towing Path
under thc said Bridge shall not
be
less than Six Feet wide
;
and the
Soffit or under Side of the Bridgc over such Towing Path
shall
not
be less than Ten Feet in Height from the Surfhce of the Ground
;
and the Soffit or under Side of'the said intended Bridge over the River
shall not be
of
a
less Height than the centre Arch
of
the present
Bridge over the said llirer at
York;
and whilst erecting or repairing
the said intended Bridgc the Company shall not diminish the Width
of the River, or impcdc thc Navigation thereof, more than is necessary
consistently with the
due
Construction of the said intended Bridge.
CXXVI.
Provided always, and bc it enacted, That nothing in this
Securing
the
Act contained shall authorize the Company to interfere
in
any Juris-
~$~~~~f~?
diction which the Jfavor, Aldermcn, and Citizens of the said City of
York
are entitled to "over the said Itirer
by
any Charter, Grant, or
Ouse
Savi-
othcrwise, or to defeat, lessen, or prejudice any of the Rights, Privileges,
Wioll.
l'owers, or Authorities given to
or
vested in the Trustees or Com-
missioners authorizcti b~ or acting under
an
Act
of
Parliament passed
in the Thirteenth Year of the lteign of His Majesty King George
the First, intituled
An
Act
,for
iq)i*oving
the
Ncivigcition
qf
the
I~G.
1.c.
33.
Ricer
Ouse
in
the
Coun[y
of
York, and another Act of
P
ai
*I'
ianient
passed in the Fifth Year
of
the Reign of His Majesty King
Geoip
thc Second,
for
rendering more effectual the said Act passed in the
.i
(;.
1.
c.
1.5.
Thirteenth Year
of
the llcign of His Majesty King
George
the First,
or either of them
;
but that the
same
Acts shall continue in full Force,
and shall and
may
be
carried into execution, in such and the likc
Manner to all Intents and Purposes as if' this Act had not been
passed,
save
only and except
so
as
not in any Manner to prevent,
hindcr,
or
prejudice the due Execution
of
this Act, or
of
all or any
of
the Powers and Authorities hereby given and vested in the Coiiipaiiy
or their Successors.
River
CXSVII.
And
be
it enacted, That, subject to the Provisions in I'owcr
to
this Act contained, it shall be lawful for the Company at any Tiine
take
ten~o-
before the Expiration
of
the Period by this Act limited for thc Coni-
i:ii
zfE:ii
pletion
of
the Itailway, without making any previous Payment,
witliout
prc-
Tender, or Deposit, to enter upon and use any existing private vious
P'iy-
Roads, not being more than Five hundred Yards distant from the
Centre of the Railway, and
also
to enter upon any Lands, not beiiig
inore than Two hundred and
fifty
Yards distant from the Centre
of
the land not being
a
Garden, Orchard, Park, Plantation,
planted
Walk,
Avenue, or Ground planted and set apart as
a
Nursery
for Trees, and not being nearer than Fire hundred Yards to the
hiansion
HOLLSC
of the Owner of
anj-
such Lands, and to occupy
the said Lands during the Construction or Repair of the ltailway,
anti
to use the
same
for any of the following Purposes
;
(that
is
to say,)
For the Purpose
of
taking Earth or Soil
by
Side Cuttings
For the Purpose
of
making Spoil Banks
;
For
I'rice.
there from
;
2516
7"
&
8"
VICTORIB,
Cup.
lxi.
For the Purpose of obtaining Materials therefrom for the Forniation
For the Purpose of forming Roads thereon
to
or fiom the Railway
:
And in exercise of the Powers aforesaid it shall be lawful for the
Company
to
deposit and also to manufacture and work upon
such
Lands Materials of every Kind used in constructing the Railway
;
and also to dig and take
fiorn
out of any such Lands any Clay,
Stone, Gravel, Sand, or other
Things
that may be found therein
useful or proper for constructing the Railway or any such Iioads
as
aforesaid.
of the Railway
;
or
Comi~~ny
to
CXXVIII.
And be it enacted, That in ease any such Lands shall
Five
Notice be required for Spoil Banks or for Side Cuttings, or for obtaining
previous
to
tempo-
Materials for the Construction or Repair of the llailway, thc Com-
rary
Posses-
pany shall before entering thereon (except in the Case of Accident
sion.
to the Railway requiring immediate Reparation) give Six Weeks
Notice in Writing to the Owners and Occupiers
of
such Lands of
their Intention to enter upon the same for such Purposes
;
and in case
the said Lands are required for any of the other Purposes herein-
before mentioned, the Company shall (except in the Case aforesaid)
give Ten Days like Notice thereof; and the Company shall in such
Xotices respectively
state
the Substance of the Provisions herein-
after contained respecting the llight of such Owner or Occupier
to
require the Company to purchase any such Lands, or to receirc
Compensation for the temporary Occupation thereof,
as
the Case
inny
be.
Power
to
CXXIX.
And be it enacted, That if such Lands are required for
Owner
toob.
any
of
the Purposes in respect of which
a
Notice
of
Six Weeks
is
herein-before required
to
be given, it shall be lawful for the Owner
ject that
other
Lands
to
be
or Occupier thereof, within Ten Days after Service of such hTotice,
to object to the Company making use of such Lands
on
the Ground
that other Lands lying contiguous thereto, and being such
as
the
Company are herein-before authorized to use for the Purposes afore-
said, might be more beneficially occupied for such Purposes by the
Company
;
and in such Case,
if
the Company shall refuse
to
occupy
such other Lands in lieu of those mentioned in the hTotice,
it
shall
be lawful for
Two
Justices, on the Application
of
such Owner or
Occupier, to summon the Company and the Owners and Occupiers
of such other Lands to appear before them at any Time, not being
more than Fourteen Days after such Application, nor less than Seven
Days from the Service of such Summons
;
and on the hearing pur-
suant to such Summons it shall be lawful for such Justices to deter-
mine summarily which of the said Lands shall be occupied by the
Company for the Purposes aforesaid, and to authorize the Company
to
occupy the same accordingly.
taken.
Justices
may
CXXX.
Provided always, and be it enacted, That if
it
shall appear
suinrnon
to
such Justices, upon the Inquiry before them, that the Lands of any
0th
Owners
other Party not summoned before them, being sufficient in Quantity,
and such
as
the Company are herein-before authorized
to
take or
before them.
use for the Purposes aforesaid, would be more suitable
to
be used
by
the Company than the Lands of the Person who shall have been
EO
7”
&
8‘’
VICTORIB,
2517
so
summoned
as
aforesaid,
it
shall be lawful for the said Justices
to adjourn such Inquiry, and to suinnion such other Person to appear
before theni
at
any Tiiiie, not being more than Fourteen Days fiom
such Inquiry, nor less than Seven Days from the Service of such
Suninions, and
on
the hearing of such last-mentioned Summons to
determine finally which Lands shall be occupied or used for the Pur-
poses aforesaid, and to authorize the Company to occupy the same
accordingly.
CXSSI.
And be it enacted, That before entering upon any such The
Com-
Sureties,
if
Lands as shall
be
required for Spoil Banks
or
for Side Cuttings, or
P~V
for obtaining
Ail
aterinls
as
aforesaid, the Company shall, if required
bv
the Owiier or Occupier thereof, Seven Days at least before the
hpiration of the
A
Y
o
t
ice to take such Lands
as
herein-before men-
tioned,
find
Two sufficient Persons, to be approved of
by
a
Justice
in caw the Parties differ, who shall enter into
a
Bond to
such
Owier
or
Occupicr in
a
Penalty of the Amount of Fifty Pounds
per
Acre,
conditional for the Payment
of
such Compensation
as
inay become
pnvablc
in
respect of the same, in manner herein mentioned.
CSSsII.
hid
be it enacted, That before the Company shall
use
Company
to
any
such Lands for any of the Purposes aforesaid they shall, if
Lands
before
required
so
to
do
by
the Owner or Occupier thereof, separate the saiiie
using
them.
1,-
a
suficient Fence
fiom
the Lands adjoining thercto.
CSSSIII.
And
be
it enacted, That u-hcre the Conipany shall,
Owners
of‘
in
exercise of the l’owcrs aforesaid, enter upon any Lands
for
tlic
Inay
I’LW~OSC
of making Spoil Banks or Side Cuttings thereon, or for
compel
Coni-
obtaining RIatcrials for the Coiistructioii
or
Repair of tlic Railway
cllasc
~a~~d~
therefroin,
it
shall
be
lawful for tlie Owners
or
Occupiers of such
so
tem-
Lands, having such Estates
or
Intcrcsts therein
as
under the Provisions
~orari!~
herein-before contained would enable them to se11 or convey Lands
to the Company, at
any
Time during the Possession of any such
Lands by the Company, aiid before such Owners
or
Occupiers shall
have acceptcd Compensatioii fi*oiii the Conipany in respect
of
such
temporary Occupation, to
serve
a
Notice in Writing on the Company,
requiring theni to purchase the said Lands,
or
the Estates and Interests
tlicrcin of sucli O\rners and Occupiers rcspcctively
;
aiid in such
Koticc such Owners or Occupiers shall set forth the Particulars
of
their Estate or Interest in such Lands, and the Amount
of
their Claims
in
rcspcct thereof; and tlie Company shall thereupon be bound to
purchase the said Lands, or the Estate and Interest therein of tlic
Parties serving such Totice
;
and thc Value of such Lands, aiid the
Compensation payable for the same to such Owncrs aiid Occupiers,
shall, in case of Difference,
be
deteriiiiiied as in other Cases of‘
disputcd Compensation under this Act.
occupied.
CXXXIV.
And be
it
enacted, That where in any of the Cases
Con1pensn-
aforesaid tlic Company shall not
be
required to purchase such Lands, ~~~~~
and in
all
other Cases where they shall take temporary Possession
temporary
of Lands by virtue
of
the Powers herein granted, it shall be incumbent
Occupation.
[
Loctrl.]
2s
I
on
2518
7’
8s.
8’
VICTORILE,
Cup.1xi.
on the Company, within One Month after their Entry upon such
Lands, upon bcing required
so
to do,
to
pay
to
the Occupicr of the
said Lands the Value of any Crop or Dressing that may bc thereon,
and
to
agree with the Owner and Occupier thereof for the Payiiient
of
an annual Sum by way of Rent during the Occupation thereof,
and also within Six Calendar Months after they shall have ccascd to
occupy the said Lands, and not later than Six Calendar Months after
tlic Expiration of tlie Time by this Act limited for the Coinpletion
of thc Itailway,
to
pay to such
Owner and
Occupicr Compensation
for
any permanent Damage
or
Injury that may have been donc to the
said
Lands in the Exercise of the Powers herein-before granted
;
and
the Amount
of
such permanent Damage shall, in case of Difference,
be determined
as
in other Cases of disputccl Compensation under this
Act
;
and the Value of any Crop or Dressing which niay be
on
the
said Lands, and the Rent payable in respect thereof (luring the
l’osscs-
sion of the Company, whatever thc Aniount
of
Claim in rcspcct of
the
same
inay be, shall, in case of Difference, bc detcrniiiicd
as
other
Cases
of disputcd Compensation under Fifty Pounds are dctcrniiiiable
under this Act.
I3onds
for
CSXXV.
Provided always, and be it enacted, That if
any
Party
Costsof‘rrial entitlcd
to
Conipeiisation in rcspect of Damage temporarily sustained
shall require
to
have the Aniount of such Compcnsation dcterniinetl
by
Jury
in
case
of’
teni-
porary
by
a
Jury,
lie shall, before requiring the Company to issue their
Damagc.
Warrant, as hcrcin-before provided, for causing such Jury to be suni-
iiioncd,
cnter
into
a
Bond
to
tlic
Company, with Two sufficient
Sureties,
in the penal Sum of
Two
hundred l’ounds, duly to prosecute his
Claim, and to bear such Part of the Costs, if any, incidental to the
inquiry,
as
lie shall
be
required
to
pay under the Provisions of this
Act
in
that Behalf.
AI
t
era
t
i
on
of
water
and
Gas
kc,
CXXXVI.
And
be
it enacted, That it shall
be
lawful for tlic
Coni-
paiiy, for the Purpose
of
constructing tlie Itailway,
to
raise, sink, or
otherwise alter tlie Position of any of tlic Watercourses, \\’:iter
Pipes,
or
Gas
l’ipcs bcloiigiiig to any of
tlic
I-Iouscs
adjoining
or
near to
thc Railway, and also the Mains and other Pipes laid down by
any
Company or Society who
may
furnish the Inhabitants of such
IIonses
or
l’laces with Water or
Gas,
and also to remove all otlicr Obstruc-
tions to such Construction,
so
as
the
sanic
respectively be doiic with
as
little lletriinent and Inconvenience to any such Company,
or
such
Society
or
Inhabitants,
as
the Circumstances will admit, and
be
done
under the Superintendence of the scvcral Commissioners or Trustces
or
I’Cr50IiS
having Control of the Psvcmcnts, Sc\vcrs, Roads, Strccts,
Highways, Lanes, and other public
Passages
and Places n-ithin the
Parish or District where such Mains, Pipes, or Obstructions shall
bc
situate, or of their Surreyor, but
it
shall not be lawful for the Coni-
pany
to
alter the Position of anyl’ipes, so
as
to
lay the same contrary
to the Rcgulations of any Act
of
Parliament relating thereto.
Penalty
for
obstructing
Supply
of
Gas
or
JVatcr.
CXSYVIT. And be it enacted, That if by any such Operations
as
aforesaid the Conipany shall interrupt the Supply of any Water or
Gas
they shall forfeit Five Pounds for
every
Day
that sucli Supply
5
shall
shall
be
so
interruptcd
;
and such Penalty shall be appropriated to
the Benefit of the l’oor
of
the Parish in which such Obstruction shall
occur,
and
in such Manncr
as
the
Oyerseers
of
the l’oor
of
the Parish
shall direct.
CXSXVIII.
And with respect to the crossing
of
Roads
by the Rail-
lloads not
to
way,
be
it
ciiactcd,
That
as
to
all
ltoads (except such
as
are hcrcin-
be
crossed
on
a
Level,
after mcntioiied
as
intended to be crossed on
a
Level),
if
the Line
of
except
as
tlic Railway crosses any Turnpike lioad
or
public Carriagcway, either
lierein-after
such ‘l’urnpike
Itoad
or public Carriageway shall
be
carricd over
1)rovic1ed.
the Rnilwy,
or
thc Railway shall be carried over such
Road,
by
incans of
a
I3ridgc
of
the HGght
and
Width
and
with the Ascent or
I)cscent by this Act in that Behalf provided
;
and such Bridge and
other necessary Works connected therewith shall be executed
at
the
Il:spencc
of
tlic
Company.
CXSXIX.
And whereas thc Line
of
the said intended Railway
Certalll
crosscs the several Turnpike
Roads
and
Highways herein-after nicn-
f,u~~~~~’!~
tioned
;
(that
is
to say,) the Turnpike Road leading fiom
York
to
as
a
A-(j,.tJiti//e~,:OiL
in the Parish
of
Saitzt
Okiues
Arlni:ygate
;
the Turnpike
Iload
from
York
to
OszculdlciJc,
and the public Road leading
fi-om
York
to
fhi.?*b./j,
both in the 1’arish
of
Iuntington
;
the public
Itoad
leading
from
Towthorp
to
Hu.d)y,
the public Road leading froin
I’oi*Jc
to
Sfiwunll,
tlic public
Road
leading
froin
Stockton
to
Strensnll,
the
piblic ltoad leading from
Fki.rton
to
Strensall,
the public
Road
leading
from
l’oi*lc
to
Tl~oruton, a11
in
the Parish
of
Strenscill
;
the
public
Road
leading
from
Ensii/,qicold
to
Iil/I.~.ton
in the Parish
of
Bossnll
;
the public Road leading
fioin
RZuxton
to
Lilling
and
Tllor,ifon,
the public
Road
leading
fiorn
York
to
Foston,
both in the
Parish of
Fusion;
the Turnpike
Road
leading from
York
to
Scar-
hroqJi,
tlic public
Itontl
leading
froin
Barton
to
Spittle
Bridge,
the public
1to:~d
lcnding
from
&rrtoii
to
Ci’cfinbe,
the public
Itoad
leading from
PVIiitrrcll
to
Horrsliain
Bridge
called
Rider
Lam,
the
public
Road
lcading
fiom
Kii*JcJmiz
to
illnltou,
all in the Parish of
Ci*ciinOt~
;
thc public
Road
leading froin
Huttons
Ambo
to the River
Derrcent
in the l’arish
of
H1~ffon.s
Ambo
;
the public Road leading
froin
l?(/i/toii
to
I’ocJcli~zgfon
and
Wcllimi,
the Turnpike
Road
leading
from
YorJc
to
Sctr~-boi*oi~gl/,
both in tlic Parish
of
Norton
;
the public
Road
cnllcd
Low
Xoor
Lune,
and the
Two
public Roads leading
from
S~mi~~sto~i,
all
in
the Parish of
llilliiigto,i
;
the Turnpike
Road
leading
from
York
to
Scarboi*ou,rrh
in thc Parish
of
Wintring-llcri,~
;
the public ltoatl leading
from
West
Z?e.slerton
to
YeddingJitrm,
both
in the l’arish
of
West
Weslcrton
;
the Turnpike
Road
leading fiom
Spitt/drortsc
to
ScurborougJi,
Thrce public Roads leading
fiom
Se(iiiior,
and
a
public
Road
leading fiorn
Semier
to
Riley,
all in the
Parish of
Seainei.
;
the public ltoads called
AfiirisJies
Lou,
Rod,
J1arislic.s
Hi’jh
liotid,
b))per
Car,.
Lnne,
the Turnpike Road leading
from
ilhilton
to
Piclcwiiig,
the public ltoads called
Hqypfe
Lune,
Xi11
Ltrne,
Hi~iipfe
Lnne,
and
Bridge Street,
all in the Parish
of
Piclcering
;
and
it
is
expedient that thc
said
Railway should cross
each of tlic said Highways on
a
Level
;
be it therefore enacted,
That
the Company
may
make the said Railway across the said several
above-mentioned
ltoads
on
a
Level.
CSL.
And
2520
7'
&
8'
VICTOKIE,
Caplxi.
Provision in
CXL. And be it enacted, That in all Cases where the said
Cases
where
intended Railway shall cross any Turnpike Road or public Hi@way
ltoads
are
on
a
on
a
Level the Company shall erect and at a11 Tinies maintain
Lcvcl. good and sufficient Gates on each Side of such Turnpike Road or
public Highway where the Railway shall communicate therewith,
and shall cniploy proper Persons to open and shut such Gates,
so
that the Persons, Carts, and Carriages passing along such Turnpike
Road
or public Hiehway shall not be exposed to any Danger or
Damage by the passing of any Carriages or Engines along the Rail-
way
;
and such Gates shall be kept constantly closed across each
Eid
of such Turnpike Road or public HiGhway, except during the
Tinie when Horses, Cattle, Carts, or Carriages passing along such
Turnpike Road
or
public Highway shall have to cross
the
Iiailway
;
and such Gates shall be of such Dimensions and
so
constructed as
when closed across the End of such Turnpike Road or public High-
way
to fence in the Railway, arid prevent Cattle or Horses
passing
along the Road from enteryng upon the Railway while the Gates
are closed; and the Person intrusted with the Care of such Gates
shall cause the same to be closed as soon as such Horses, Cattle,
Carts, or Carriages shall haw passed through the same, under
a
Penalty of Five Pounds for each and every Default therein
:
Provided
always, that
it
shall be lawfiil for the Lords of the Coninlittee
of
Her
Jfajestr's Privy Council appointed for Trade and Foreign Plantations,
in any 'Case in which they are satisfied that it will
be
more conducive
to
the public Safety that the Gates on any level Crossing over any
such Turnpike Road or public Highway should be kept closed across
the Railiyay, to order and direct that such Gates shall
be
kept
so
closed instead
of
across the Road or Highway, aiid in such last-
mentioned Case such Gates shall be kept constantly closed across the
Rail\;.aj-, except when Engines or Carriages passing along the Railway
shall hare Occasion to cross
such
lioad or Highway, in the same
3Iaiiner aiid uiider the like Penalty
as
above directed \\-it11 respect
to
the Gates being kept closed across such Road or Highway.
-
I3ridges
ow
''onde*
CXLI. And be it enacted, That every Bridge to be crectcd fbr
the l'urpose
of'
carrying the Itailway oyer any Road shall be built
in conforiiiity with the following Regulations
;
(that is to
my,)
The Width of the Arch shall be such as to leave thereunder
a clear Space of not less than Thirty-five Fcet if the Arch
be over
a
Turnpike Road, and of Twenty-five Feet if over
a
public Carriage Road, and of Twelve Feet if over
a.
private
Road
:
The clear Height of the Arch
fiom
the Surface of the Road shall
not be less than Sixteen Fcct for
a
Space
of
Twelve
Feet
if
the Arch be over
a
Turnpike Road, and Fiftecn Feet for
a
Space
of
Ten Feet if over a public Carriage Road'; and in each of such
Cases the clear Height at the springing of the Arch shall not be
less than Twelve Feet
:
The clear Height
of
the Arch for
a
Space of Kine Feet shall not
be less than Fourteen Feet over a private Carriage Road
:
The Descent under the Bridge shall not exceed One Foot in Thirty
Feet if the Bridge be over a Turnpike Road, One Foot in Twenty
Feet if over
a
public Carriage Road, and Oiie Foot in Sixteeii
Feet if orer a private Carriage Road or Occupation Way.
CXLII.
And
Cuplxi.
252
1
CXLII.
And
bc
it enacted, That every 13ridge crccted
for
carrying
Bridges
over
any
ltoatl
o\~r
the llailn-ay shall be built in conformity with the
liaiiway.
folloiving lkgulntions
;
(that is to
say,)
Tlicrc
sliall
be
a
good and
sufficient
Fence on each Side of the
Bridge of’ not less €Ieight than Four Fcct
:
?'lit
Ihid
over
the Bridge shall liavc
a
clear
Spacc
between the
l~cnccs tlicrcof’ of ’l’liirtj--fix Feet if the Road
be
a
‘Turnpike
Ihtl,
ant1 ‘l’wentv-five lccct if
a
pu1)lic Carriage
ltoad,
and
~\rclvc E’cct if
;L
piivate 1toad
:
‘I‘hc Aiccnt shall not
be
nioi-c
than One Foot in Thirty Feet if the
ltontl
be
a
‘l’urnpikc
had,
One
Foot in Twenty Feet
if
it be
a
public (:arri:igF 12oat1,
and
Oiic Foot
in
Sixteen Fect if it be
;i
pri\-atca
Carriage
lload.
CSLLII.
;hid
be it enacted, That if in the Exercise of‘ the IWore
l’owcrs
1)y
this
;\et granted any Part of any Road, whether Carriage ~oa&
are
ltoatl,
Horst
ltoad,
‘l‘raniroad!
or
Railway, eithcr pu1)lic
or
private,
~~~f~~~~rs
talicn,
so
tliat it
]vi11
l)c
so
inuch iiijurcd thereby
as
to
be
imp:issable for
stituted.
or clangcrous to ‘l’ravcllcrs, ~’asscngcrs, or Carriages,
or
tlie Persons
entitled
to
tlic
Use
tlicreofj
tlic
Conipany shall,
lieforc
tlic Commence-
nieiit
of’
any such Operat.ions,
c;~use
a
sufficicnt ltoatl to
be
made
instead
of‘
the ltoati to
be
interfered with
;
and such substituted
ltoatl shall, at tlic Espence of thc Company,
be
made
and
maintained
in
a
State
as
con~-cliicnt for l’asscngers and Carriages
as
tlie Road
so
interfcrcd
with,
or
us
nearly
so
as can be.
CXLIV.
And
1)c
it
cnactcd, That if the Conipany
do
not
cause
Penalty
for
anotlicr suficicnt,
itoad
to
bc
so
iiiac~c
liefore they iritcrfcrc with any
~c~~i~~~Li-
such exist
ing
Ro:d
as
aforesaid they shall forfkit Twcnty Pounds
]loac1.
fbr
every
1
)ay
driving which such subitituted
Road
shall not
be
rmck
after
tlic esisting ltoatl sliall
have
becn
interrupted
;
and such
I’enaltv
sliall
be
paid to tlic ‘l’rustccs, Comniissioncrs, Surveyor,
or
otliir
l’crson
hn\.ing tlic Management of such Road, if
a
public
lload,
or,
in
c;isc
of
a
privatc
Ko;L~,
to the Owner thereof, and wlicn
paid
in
respect
of
an!.
public
Road
shall be applied for the Purposes
thereof:
fbllll(t
11eCcSS:Il.y
to be golie
:LCrOSS,
Cut through, l‘:lisCtl,
SLlllk,
Or
to
be
sub-
CX1,V.
And
1)c
it cnacted, That if any such
former
lloaii
as
afore-
~eriod
for
Restoration
in.
said cannot
be
rcstorctl compatibly with the l’orrnation
and
Use
of’
the
of
Railwav, the Coli1p:iny slid1
c:lLisc
such
licw
1t0d
to
be
put into
teifered
a
~)ern;:incntly subst:intial Condition, equally conr-enient
RS
the Road
with.
for
wliicli
tlic.
s:itiic
is
substituted
;
and
if’
such former ltoad can be
rcstorcd co1iip:itiNy with tlic Formation
and
Use
of
the
Railway, such
ltestoratioii
slinll
be
nia(lc,
and
tlic fornicr Road shall
be
restored, or
the substitutcd
Iload
shall be put into such Condition
as
aforesaid,
as
the
Case
ni:~y
bc,
within the fbllowing Periods after the first Opera-
tion on tlic
fbrnicr
Road shall
have
been commenced, unless
t.he
Trustcw or l’artics having Charge of
the
Road
to
be
restored,
by
Writing iintlcr tlicir Haiids, consent to
an
Extension of the Period,
and
in
such
Case
within such extended Period, (that is to say,) if thc
Road
lie
;I
‘I’rirnpikc Road within
Six
Months, and if the Road
be
not,
a
‘l‘uriipilic ltoad within Twelve Months.
[
LO(.ltl.]
28
1-
CXLVI. And
2522
Penalty for
failing
to
restore
Road.
Company
to
repair Itoatis
used
by
them
otlicr
than
Tiirn-
pike
llontls.
Screen for
'I'urnpi
kc
Roads.
Penalty
for
fai
1
in
g
to
cons
t
r
LI
c
t.
7"
&
S"
VICTQRIX,
Cap.
hi.
CYLVI.
And
be
it enacted, That
if
any such Road
be
not
restored,
or
the substituted Road 1)c not complctcd, within the Period
licrcin-before fixed for that Purpose, tlic Company shall forfeit 'l'wcnty
Pounds
for
every
Day
after
tlic l
of
that l'criotl during
which such ltontl sliall not
bc
so rcstorcd,
or
the substituted ltoad be
not completed in such Condition
as
aforesaid
;
anti
such l'enalty
shall
be
paid to the nustces, Commissioners, Survcpor,
or
other 'Person
having the Managcnient
of'
tlic ltoatl interfered witli
1)y
tlic Coinpany,
if
a
public ltoad, and
be
applied
fbr
the l'urposcs
of
such ltoad, or,
if'a private ltoad, the sanie sh:dl
be
p:iid to the
Owner
thereof'; and
every such l'enalty shall
be
rccoverable by :1ction in
any
of'
the
Supcrior
Courts.
CXLVII.
And
be it enacted, That
if'
in the coursc of inaliing
the Itailway the Conipany shall
use
or
intcrfcrc with any 1to;d not
bcing
a
'l'urnpike Road, and whetlicr
a
public
or
private ltoad, they
shall
maintain
the
samc in
as
goocl
n
State
of'
1tcp:iir
a5
such
Itoacl
was
in at the Tinie
when
the
Conipmy
began
to
usc
tlic
same,
and
shall leave tlic same in such State
01'
ltep'iir at tlic Conclusion
of'
their
Use
thereof; and if' any Diffcrcncc arise
as
to tlic Stntc
of'
any
such
ltoad, either before
or
after the Use thereof by tlic
Company,
the Question shall be referred to thc Determination
of
Two
Justices
;
and
such Justices
may
direct such Iniprovcriicnts
or
1tcp:iirs to be
made
in
the State
of'
such
ltoad,
and
within such l'ciiod,
as
they
think ~'casonal)lc, and may impose
on
the Company for not carrying
into effect
such
Iiiiprorements
or
ltcpirs aiiy l'cnalt\~, not cscecding
Five Pounds
per
nay,
as
to sucli
J
iisticcs s~l seem iust.
CXLVIII. And
be
it enacted,
That
if
tlic Coiiimissioners
or
Trustees of any Turnpike Road apprehend Danger to the l'ahsengcrs
on
such Road in consequelice
cf
Horses
bcing frightened
1)y
tlie Sight
of'
thc lhgines
or
Carriages tra,vclling upon the ltailwny, it shall be
lawful
for
such Conimissioncrs, Trustccs,
or
any
l'erxon
duly
aiitho-
rizcd
by
thein, to inakc coinplaint thcrcof to
Two
Jnsticcu, and
thcreupon such Justices shall siiiniiion tlie Company to
ans\vcr
such
Complaint, and if it appear to such Justiccs that tlic Complaint is
reasonable, then they shall order the Coinpany to coninicncc: u-itliin
a
certain Time, and to completc within
a
certain other
rl'iiiic,
to
be
appointed
by
such Justiccs,
my
\Vorks in tlic hTaturc
of'
a
Screen
near to
or
aclsjoining the Side
of'
such l'uinpikc ltoacl, which such
Justices may think reasonable
;
anti
after
Soticc
of'
such Orclcr scrved
upon the Company the Company sliall proceed
to
act
in
obedience to
such
(lrdcr.
CSLIS.
Ant1 be it cnacted, That
if'
the
Company
shall neglect
to
coniniencc
such Works within
tlie
'rintc appointed by
such
Justices
in that 12chalf' they sliall forfeit Twenty l'ountls
for
c:\-ery
siich
Day
during \vhicli they
do
not
so
coninicncc,
or
if'
having
coinnicnccd
they
shall
not coutinuc
from
Day to
Day
duly to cxccutc such \Vorlis until
the Completion tliercof' they shall
fortbit
'l'wcnty l'ounds
fbr
evcrj-
Day during whicli they
do
not
so
procecd
in
tlic Esccution of'
suGli
Works
;
anti if the Coinp:iny shall
iiot
completc such
\Vorks
within
the 'l'inic
in
that Behalf appointed
by
such Justiccs t1ic.y shall
fbrfei t
10
70
&
80
VICTOItTE,
Cop.
Ixi.
2523
forfeit Twenty Pounds for every Day during which such Works shall
remain unconiplcteti lieyond the Time
so
appoin ted for their Com-
pletion
;
anti
every
such Penalty shall lie recoverable by the Conimis-
sioiiers
or
Trustees
of such Turnpike lload by Action in any of the
Superior Courts.
CL.
Ant1
be
it
cnactcd, ‘l’hat
the
Company shall make convenient
~rosbiiig
of
Ascents
:inti
Descents, where required, for
every
Footway
crossed
by
I:ootn.ays.
the
said llnilwa~.
CLI.
rind
for
the Purpose
of
making Provision respectirig Works
\\'arks
to
bc
requireti fbr the iicconiinotiation
ot’
the
~\vncrs
and
Occupiers
of
~~~~~~i~~,y
T,aiids
ac1,joining the llailway, be it enacted, That after any Part of
tjr
pro-
Iicrcin-after mentioned
;
(tlint is
to
say,)
dl have
been
foriiicd,
and
dwhg the Construction
tection
ancl
npnny
shnll Inakc the following Works at the Times
,iccommo-
dation
of
.id-
j
i
)i
n
i
iig
Such ttncl
so
inany coiir-enient Gates
upon
or
adjoining the
Railway
1,~~~1~.
as
sliall
be
necessary
for
the
Purpose of mnlting
good
any
Inter-
ruptions
caused
hy the 1l:iilway
to
the
Use
of
the
Lands
through
which
tlic
hilway sliall
be
‘rnadc,
and
protecting such
Lands
from
7‘rcspass,
or
the Cattle
of
the
Owners
or
Occupiers thereof‘
fYoni
straying thereout, by
reason
of
the Railway
;
and also such
and
so
many Bridges, Arches,
Hollows,
Culverts, Fences,
Ditches,
Drains,
and Passages
over,
under,
or
by
the Sides of
or
Icacliiig
to
or
fioni
tlic llailway
as
shall lie necessary
for
the
ahvc Purposes
;
and
such
1Voi.A~
shall bc made forthwith after
the l’art
of‘
the Itailwiy passing over such Lands shall
have
been
laid out
or
forinetl
:
.Also
siificient Posts, ltails, Medgcs, Ditches, Mounds,
or
other
Il’cnces for separating. tlic Land taken
for
the
Use
of
the Rail-
way
from
the :djoinmg Lands
not
taken, with all necessary
Gates inatle to
open
towards such adjoining
Lands,
and
not
towards the Railway,
and
all necessary Stiles
;
:uid
such
Works
sliall
be
liiadc
fbrtliwitli after
the
taking
of
ariy such Lands, if’
thc
Owners
thereof sliall
so
require
:
Also
all nccess:iry A4rclies, rl’itnnel~,
Culverts,
Drains,
or
other
hssages, either
orer
or
uidcr
or
by
tlic
Sides
of
the
Railway,
of siicli Bre:ultli, Ilepth, and lliiiicnsions
as
will
lie
sufficient
at
all ‘l’iiiic~ to
convey
tlic Water
as
clearly from the Lands
1)
ing
ncar to tlic llailway
as
befbre
the
iiiakino.
of
tlie llailway
;
and such IVorlis shall
1)e
tnade
fioni
Time
to
Time
:
-41~0
proper
Watering
Places
for
Cattle, where
by
reasoii
of
the
1l:iilw:iy
the
Cattle of any
Person
occiip~-ing
any
Lands lying
iienr thereto shall
be
tlcpiivecl
of‘
Accc\s
to their former Watering
l’laccs)
;
:und
such
Wntcrin~ l’laccs shall be
so
made
as
to
be
at
all
‘l’irncs suf-ticieiitly
supplied
with
Water
as
theretofore,
and
:I+
if
the
lldwiy
had not been made
;
anti
for
that Purpose the
Company shall
iliakc
\Vatercourses
and
Drains
1)y
the Side
of;
along, or undcr tlic llailway,
or
in, through,
or
over
or
aeros*
any
I,m(ls
thereto ncl,joining,
of
sufficient Niiiiiber and llimen-
sions,
and
in
a
sufficient Manner,
and
with propcr and conr~cnieiit
Bridges over
and Turinels
undcr the
same
respcctivelj-,
for
thc
Purpose
of convcying \Vater
to
tlie said Watering Places
:
l’roviticd
2324
Cap.
Ixi.
Provided always, that the Company shall not
be
required
to
make
such Xccoiiiiiiodatioii
Works
in such
a
hIa1iner
as
1)
odd
prevent
or
obstruct tlie working
or
using of the liailwap, nor to 111uLe
any
Bridge
over
the Itailway in any Place
where
the ~taiIway is
on
an
kinbank-
nient, or upon
the
Surface of the Gro~iid.
~~~~~~~~~~o-
CLII. And
be
it enacted, ‘l’hat
all
Accomiiiodatioii JVorks to be
dationWorks
made
as
aforesaid shall be
made
at
the
Espcncc
of’
the Company,
to
be
aiid at
a11
Times thereafter the Conipaiiy
shall,
at their own lhpencc,
and
continu-
ed
al
tl,e
maintain in sufficient liepair and in proper Condition
tlic
\Vorks
l
ot‘
so
made
by
them
;
and
for
the
1’IIrposc
of cna.bling tlic Company
the
CWU-
to execute such
l\Torks,
and
to
keep
tlieiii
in
repair, it shall be
pally.
lawful for the
Cornpanj-,
(according
to
the l’rovisions herein-before
contained respecting
the
temporary Occupation
of‘
Lands
by
thc
Coni-
pany,) tlicir Agents
or
1Vorkiiie11, to enter into aiiy 1,:uids a(1joiiiing
or
near
to tlie Railway, and
load
aud
carry the requisite
Jfaterials,
in
Carts and otherwise, upon and over such Lands, doing as little
Damage
as
can be, and iliaking full Compensation
for
any
Uaniage
done to tlie
Owier
or
Occupier of such Lands.
Differences
CLIII. And bc it eiiaetcd,
That
if‘ aiiy Difference
arise
respecting
a*
to
*CcGrn-
the
Kind
of any such Acconirnodation
\\'arks
required,
or
the
Nunibcr
of
cacli
Kind,
or
the
Diniensioiis of the Works,
or
the Xfaiiiicr
of
niodation
Works to
be
settled
by
executing them, or respecting the maintaining
thereof,
the same shdl
,Justices.
be
deterininecl
l).y-
Two Justices, on
the
Application of aiiy
Owncr
or
Occupier of
Lands
intersected
or
otherwise aiYectcd
by
the 1Zail-
way,
or
of
any other Person having
a
Night of
Way
interrupted
thereby
;
aiid such Justices shall
:dso
appoint
tlic
Tiiiic within which
such
Works
shall
be
executed
by
the Company.
Executioii
CLIV. And be it enacted, That if, for Twenty Days next after
of
Works
by
the Tiiiie appointed by such Justices for the Execution or liepair
Otsr!lersl
011
(ab
the
Case
niay bc) of aiiy
such
Alccomniodation Works, the
~orn-
nefaulr
by
tlie
Com-
pany
fail
to execute or
to
repair
(a5
the
Case
inny
bc)
any
such
pany.
Accoiiiniodatioii
Works,
it shall
be
lawful
for the Owners
or
Occupiers
of
the
adjoining
Lands
aggrieved
bj-
such Failure theinselves to
execute such
~orks
or
Repairs
;
aiid the reasonable Expelices
of’
executing
or
repairing such Accommodation Works shall
be
repaid
by the Coiiipany to the Owners
or
Occupiers
by
~~110111
tlic
saiiie
shall
hjve
hccn cxecuted
or
repaired
;
and if there
be
any
Disputc
about
such Expcnces the same shall
bc
settled
by
Two
Justiccs;
and
if
such Expences
lx
not repaid witliin Five Days
after
the same
shall
have been settled
by
such Justices,
and
after
an
Account thcrcof’
shall have been deli\-ercd
to
tlie Company,
and
Denmiid
thereof
made
upon the Company, the
same
may
be levied by Distress, and
such Justices shall
issue
their Warrants accordingly
:
Provided
always,
that no such O~vner or Occupier shall obstruct
or
iiijurc the llailway,
or
aiiy
of
the
Works
connected therewith,
for
a
longer Time,
nor
use
them in aiiy other Manner, than is unavoidably necessary
for
the
Execution
or
Repair
of‘
such Accoiiiniodatioii Works.
Power to
CLV.
And
be
it enacted, That if any
Owner
or
Occupier
of
Owners
of
Lands affected
by
the 1tailwa-j shall consider the Accomiiiodation
Worlis
Lands
to
7"
&
8"
VICT'OKIB,
cup.
Ixi.
2525
Works niade by the Company, or directed by such Justices to
make addi-
tional Ac-
IIC
made
by
the Company, insufficient for the coiiimodious Use of
commoda-
his rcspcctive
bids,
it shall be lawful for
any
such Owner
or
tion
Works.
Occupier
to
make
IVorks
for that Purpose, but such Works shall
iiot be executed without tlic Consent
of'
the Company, or, if such
Consent be ivithheld, without the Authority
of
Two Justices
;
and
for the Purpose
of
obtaining such Consent such Owner or Occupier
shall make
a
Request in Writing to the Company, anti
if
the Com-
pany refuse,
or
for 'l'en
Days
after such Request delay to give such
Consent, it sliall
bc
lawfd
for such Owner
or
Occupier to make
Application to such Justices, and thereupon, after hearing the Com-
pany,
or without hearing theiu, if
no
Person attend
on
their Behalf
after Notice for that Purpose, Such Justices may either give or
withhold their Authoritv for such Works being niade,
as
they shall
think tit.
CLVI. And be it enacted, That if the Company so desire all
Wod~tobe
constructed
such last-nicntioaed Accommodation Works shall be constructed under
t,le
under the Supcrintcndence
of
their Engineer, and according to Plans
Superinten-
:ind Specifications
to
bc submitted
to
and approved by such Engi-
dence
of
the
iieer
;
ncvcrthclcss
the
Company shall not
be
elititled to require
Com.~an~'s
either that Plans
shoultl
bc adopted which would involve a greater
Expencc than that incurred in the Execution
of
similar Works by
the Company, or that the Plans selected shoiild be executed in a
morc cxpcnsivc Manncr than that adopted in similar Cases by
the
Engineer.
c
on1pa11y.
CLVII. Anti be it enacted, That if,
011
the Application by the Costs
of
Ap-
Owner
or Occupier of Lands to any
Two
Justices respecting the
P1ication
to
Execution of any such Accoinmodatioii Worlis, such Justices decide
in fawiir
of
such Owner
or
Occupier, they may also award such
reasonable Costs to such Owiier or Occupier, for his Loss of Time,
Tronblc, and Expence in making such Application, as to such
Justices shall
seem
proper, and the Circumstances of the
Casc
shall \varr:int
;
and
such Costs shall be recoverable by the Party
entitled thereto
as
Darnages to a small ,4mount are herein made
recoverable.
Justices.
CLVIII. And be
it
enacted, That the Conipany shall not be
Accommo-
compelled to make any further
or
additional Accommodation Works
~~~~''~~~~~
for the Use
of
Otvncrs
or
Occupiers
of
Land adjoining the Railway
after
after Ten Years
fiom
the passing of this Act.
Ten Years.
CLIX.
And be
it
enacted, That until the Company shall have
Owners
to
made the I3ridges or other proper Communications required
to
be
be allowed
to
cross
until
made
by them between
Laiicis
intersected by the Railway, and no
Acco,nmo-
longer, the Owners and Occupiers of such Lands, and any other
dationworks
Person whose N;,:it of Way shall be affected by the Want
of
such
made.
Communication, and their respecth-e Servants, may at all Times
fieely pass and repass, and lead
and
conduct any Horse or other
Animal directly (but
not
otherwise) across the
Part
of the Railway
[
LOCCll.
J
28
L
made
2526
7”
&
8”
VIeTQRIAE,
Cap.
lxi.
made in
or
through their respective Lands, solely
for
the l’urpose of’
occupying the
same
~ands,
or
for
tlic Exercise
of:
siicli Kiglit
of‘
\yay,
and
so
as
not
to
obstruct
tlic
l’assagc
along
the ltail\\-:iy,
or
to
tlaniage
the
same
;
nevertheless,
if’
tlic On-ncr
of‘
any
such
I~iids have
in
his
Arrangements with tlie Chipany rcc.civcd
or
agreed
to reccivc
Cotnpensation for
or
on account of‘ any such Coiiiiiiu~iicutioiis, instcad
of
the
same
being
fbriiied,
such O\\-ner,
or
thosc claiiiiing
undcr
liiiii,
shall
not cross the 1tailwa.v
fiom
one Part
to
tlic.
otlicr
1’:u.t
of
the
Lands
so
severed,
othcrwisc tlinn
by
a
13ridgc,
or
otlicr Coiiiuiunicntioii
macle at the
Charge
of
such
Owncr, or tliose claiiiiiiiy
under
liiiii, atid
approved
by
the
Conipany.
Penalty
for
CLX. And for preventin~r any 0l)btruction to
tlic
C‘onstraction
of‘
obstructing
the Railway, be it enacted,hTh:it
if
:iii~-
1’~rsoii wilf’ully ohstriict any
Person acting under thc ,4utlioritv of the
Company
ill
setting out
Construct ion
of
Ilailway.
the Line of tlie ltail\mj-,
or
pill
;ip
or
remove
aiiy
l’oles
or
Stalrcs
drivcii into the Groiind
for
tlic l’urpose of setting out tlic Line
of the Railway,
or
(Mice
or
clcstroy any
Marks
made
for
thc same
Purpose,
lic
shall forfeit Five l’ouiids
for
every such Offence.
Materials
to
CLXI. And be
it
enacted, That during the Execution
of
any
vest
in
the
Contixt made vitli the Coiiipaiiy thc
Works
in coiirsc
of
being
done uiidcr such Contract,
mid
all
tlic Materials
of
el-cry Description
Company for
Purposes
of
prosecution.
brought upon
or
near such
IVorks
for
the 1’1tl.posc of being
used
in
tlic Exccntioii of such Contract, shall,
in
all Indictincnts
or
otlicr
Cririiiiial l’roceedings instituted
by
tlieni
for
the l’itrposc of protccting
tlie
same,
be
held to be the Property
of
tlie
Chinpiiiy.
Land
?”ix
and
~001’s
Rate
be
made
good.
CLXII.
Aiid
for
tlic Purpose of provitiiug against Deficiencies in
the Xssessinents for Land Tax
or
Poor’s 12atc occasioned
by
the
making
of the
ltailwaj-
in tlic several I’:wi.lies wlicrciti the same
or
any
Part
thereof nuy bc situate, be it enacted, That if the
Company 1)econic
possesscd
by
virtue of this ,2ct
of
aiiy
Lands
charged with the Land
Tax,
or
1ial)lc
to
be
asscsscd to tlic
Poor’s
Rate, the
Company
shall,
fiom Tiiiic to ‘l’inic until the Itailway shall
be completed
and
nsscssetl
to
such
T,aiid
Tax
:incl
Poor’s Rate, be
liablc to iiiakc
good
tlie 1)cficicncy
in
the several Asscssiiicnts
for
Land Tax
ant1
Poor’s
lhtc arising \\-ithin such l’arislics
by
rcason
of
such
Lands
ha\
iiig
been
taken
or
uscd
for
tlic l’cuposes of the
Railway
;
and such 1)cficicncy sliall
1)c
computed :iccording to the
Rental
at
which sucli
I~iids,
with my Biiildiiig thereon,
were
valued
or
ratcd 3t the Tiine
of
p:mitig
of‘
this -1ct
;
ancl 011 I)ciiitlnd of
such Deficiency the Co1iip:uiy
shall
pay
the
saine
to tlic Collector
of
the said Assessments respectively
;
ncvcrtlicless,
if
at any Time
thc Company think
fit
to rcdeciii such Land
Tax,
tlicy may
do
so
in accordance
wit11
tlx l’owcrs in that Bchalf given
by
the Acts for
the Redemption of
the
Land Tax.
CLXIII.
And
for the
Purpose
of facilitating the proper Rating
of
Accounts
of
Tolls
rate-
able
to
tile
the Railway for the ltclief of tlie l’oor,
1)c
it
enacted,
That the
Poor
to
be
Company
shall
keep
an Account
of
tlie
whole
’rolls
and
other Profits
hept.
8
received
7”
&
8”
VICTORIE,
Cup.
lsi.
2527
received
by
them which ought to be taken into account in rating the
Itailway
for
tlie Relief of the
Poor,
showing the gross Amount of the
monthly Receipts in respect of such Tolls received
in
every Ycar,
and the Aniount and l’articulars of the Espentliture in
every
such
Ycar
on
account
of
any Expcnccs, the probable annual average Cost
of
wliich is to
be
talieii into account in ascertaining tlie nct annual
Valuc of the llnilway, for the Purpose of rating the same for the
Relief of‘ the
Poor
;
and
if
the Company carry
for
their
own
Benefit
any Passengers, Cattlc
or
othcr Animals, Goods
or
othcr
Matters,
they shall kccp
a
sepwntc Account showing the Amount
of’
Tolls or
Sims
which would have
1)ccn
received by the Conipany in
every
sueh Ycar,
for
the
Use
of
the lhilmay, in respect
of
such Passengers,
Cattle, Goods,
or
othcr RIattcrs,
if
thc same had been carricd by any
othcr l’arty,
anti
the Amount
of
Tolls
or Sums which shall have been
actually rcccivcci by the Company for the Carriage of the same:
l’rovictcd always, that nothing
in
this Act shall alter
or
affect the
Principle
or
i\lotlc
in
which the Itailway ought
1)~
Lnw
to be rated
to the llclicf of‘thc Poor.
CLSIV.
And
be
it
enacted, That at any Time during the first
l’ower
to
Overseer>
of
Poor
to
Fourtccn Days in the Alontlis
of’
Fehritnry
and
August
in cach Year
it shall
be
lawfill for the Oversccrs of the
Poor
of the
several
l’aribhes
inspect
through which the Railway shall
pass
to inspect such Accounts, and
ACcowIt~.
if
thc Coinpany
fLi1
to keep such Accounts,
or
to permit such Inqpec-
tion
thereof;
thcy shall forfkit
to
cacli Overseer who shall dcrnand the
said Accounts,
or
who
shall
1)c
rcfiiscd the Inspection
of
such Accounts,
or
either of thein,
for
evcry such Failure to
keep
such Accounts
Fort\- l’ounds, and for every
Day
during which the Itcfusal to permit
~ena~ty.
such’
Inspwtion may continiie the
Sum
of Ten Pounds
per
Day, and
such l’cnnlties shall bc rccovcrable by Action of Debt
or
011
the Case
in anp of
the
Superior Courts, and shall be applicd
for
the Benefit of
the Poor
of
the Parish within which such Failure may occur.
CLXV. And
be
it
enacted, That after the Expiration of Five
ltailway
to
Years from the passing of this Act all
the
Powers hereby granted to
becompleted
the
Coinpa11.y
for
executing the Rail~~~y, or otherwise
in
relation in
live
thereto, shall
ccase
to
be cxcrcised, except
as
to
so
much of the
Railway
as
shall then be coniplctctl, and except such
l’owcrs
as
are
by
this Act declared to be continucd for
a
longer Period.
Years.
r.
CLXVI. And with respect to the
Tolls
to
be
levied for the
Use
lonllagc
of
thc
Railway,
be
it enacted, That the Company
may
lawfully
de-
,
I
Ierchnn-
Itailway
or
any Part thereof,
as
follows
:
Articles
of
dim.
mand any Tolls not cxccetiing the following
;
(that is to say,)
I.
In
respect
of
the Toiinagc of all Articles conveyed upon such
For
dl Dung, Compost,
and
all Sorts of Manure, Lime, and Lime-
stone, and all
undressed
Materials for the Repair of public Roads
or
Highways,
p*
Ton
ye?.
Mile not exceeding One Penny
;
and
if
convcvetl
by
Carriages belonging to the Company, an additioiial
Sum
pci.
Ton
per
Milc
not
exceeding One Halfpenny
:
For
a11
Coals,
Coke,
Culm,
Charcoal,
and
Cindcrs, all Stones for build-
ing,
pitching, and paving, all Bricks, Tiles, Slates, Clay,
Sand,
Tron-
stone,
2528
7”
&
So
VICTORIB,
Cop.
Ixi.
stone, and Iron
Ore,
Pig
Iron,
13ar
Iron,
ltod Iron,
Hoop
Iron,
and a11 other similar lkscriptions
of’
Wrouglit
Iron,
and
Iron
Castings,
not
nianufixcturctl
into Utensils
or
other Articles
of
Rlerchanclizc,
per
1
on
pcr
Milc not exceeding Three Half-pence
;
and
if conveyed in C’arriagcs l~clonging to the Coinpany, an
additional
Suni
per
Ton
poi*
IIile not csccediiig
One
Halfpenny
:
For
all Sugar, Grain,
Corn,
Flour,
1
Iidw,
l)vc~voods, Earthenware,
Tiniber, Stones, and l)c:ilJfctals (cxcelit Iron), Nails, hvils,
Vices,
and
Chains,
p-
Ton
p’
Mile Two-pencc
;
and
if
con-
vcycd
in Carriages belonging to the C‘onipnny,
an
additional
Suni
per
Ton
per
Mile not cscccding Tlirec 1~:irthings
:
For
all Cotton and other IVools, lhugs., ni:unufktiired Goods, and
all other
\Tares,
hlerchandize, Articles, Matters,
or
Things,
per
Ton
per
Mile not exceeding ‘l’hrce-pence
;
and if conveyed
in
Carriages belonging to the Company, an additional Siiiii
per
Ton
per
Mile
not exceeding
One
I’cnnv
:
And
for
everj- Cjarriagc, of whatcvcr llekription, anti not being
a
Carriage atlnptcd
and
used
fhr travelling
on
a
Itailway, and not
wcighing niore than One Ton, carried or conveyed on
a
Truck
or
l’latforni,
pcr
Mile not exceeding Sixpence
:
And
a
Suni of Two-pcncc
pei-
Mile
for
every ad(litioaa1 Quarter
of
a
Ton,
or
fractional Part of
a
Quarter of
a
Ton, which
any
such Carriage
may
weigh
;
and if conveyed
on
a
Truck or Plat-
form
lielonwig
to the Company,
an
additional
Sum
per
Mile not
exceeding
Fwo-pence
:
11.
In respect of Passengers and Animals conveyed
in
Carriages
upon the ltailway (as follows)
:
For
any
l’erson
conveyed in or upon
any
such Carriage,
per
Mile
not exceeding Two-pence
;
anti
if
conveyed in
or
upon any
Chrriage belonging
to
the Conipnny, an additional Sum not
ex-
ceeding One Penny:
For
every
Horse,
Mule,
=\ss,
or
other Beast of Draught or Burden,
and for every Bull, Cow,
Ox,
13ullock,
antl
other Cattle, con-
~-cycd
in
or
upon
any
such Carriage,
per
Mile not exceeding
Three-pence
;
and if
conveyed
in
or
upon any Carriage belonging
to
the Company, an additional Suni not cxcceding
One
Penny
:
For
every Calf,
Pig,
Sheep, Lamb,
or
other small Animal, con-
veyed
in
or upon
any
such
Carriage, yfir Rlile not exceeding
One
l’cnny
;
and
if
conveyed in
or
upon
any Carriage belonging
to the Coinpany, an additional
Sum
not exceeding One Farthing.
r.
Tolls
for
and
Cattle.
Tolls
for
iv)ellinC:
Power.
CLXVII. ,4nd be it enacted, That
thc
Toll which the Conipang
inay
demand
for
the Use of Engines for propclliii(~
?
Carriages on the
Itailyy shall not exceed One l’enny
per
llIilc for each Passenger
or
Aninial,
or
for each
Ton
of Goods
or
other Articles, in addition
to
the several other Tolls
or
Sums
by this Act authorized to be taken
:
Provided always, that the Restriction
as
to
the Toll to be denianded
for
loconiotive
Power
shall not
extend
to
any
special
or
extra Train
that may
be
required to
he
r~in
upon the l&dway, but shall apply
only to thc ordinary Trains appointed
or
to
bc
appointed
fiom
Tinie
to
Time by the Conipanj- for the Conveyance of Passengers
and
Goods
upon
the ltailway. CLXVIII.
And
7"
&
8"
VICTORIB,
Cuplxi.
2529
CLXVIII. And
he
it enacted, That the following Provisions
and
Regulations
as
to
the
Tolls.
ltcgul:ltio~i~ shall be applicable
to
the fixing
of
the aforesaid Tolls
(that is to
say,)
For
ilrticlcs
or
Persons conveyed on the Railway for
a
less
Distance
t1i:ui Six
JIilcs,
the Company may demand, in addition to the
Tolls
and Charges for Conveyance,
a
reasonable Charge for the
lkpcncc
of stopping., loading, and unloading
:
For
a
Fraction of
a
Mile beyond Six Miles, or beyond any greater
K~unbcr
of'
Miles, the Company may demand Tolls for such
Fraction
in proportion to the Number
of
Quarters
of
a
Mile
contained tliercin, and if there be
a
Fraction
of a
Quarter
of
a
Mile such Fraction shall
be
deemed
a
Quarter
of'a
Mile
:
For
a
1'ractio;i
of
a
Ton the Company may demand Toll according
to the
hTiiinhr
of
Quarters of
a
Ton
in such Fraction, and if
thcrc bc
a
1;raction of
a
Quarter of
a
Ton such Fraction shall be
dceiiicd
a
Quartcr of
a
Ton
:
With rcspcct to all Articles, except Stone and Timber, the
Wciglit
sliall
be
ilctcrniined according to the usual Avoirdupois
Weight
:
With rcspcct to Stone
and
Timber, Fourteen Cubic Feet
of
Stone,
Fortv
Cubic
Feet
of Oak, Mahogany, Teak, Beech, Ash, or Fifty
Cubic
Feet
of any other Timber, shall
be
deemed One Ton
Weight,
and
so
in
proportion for any smaller Quantity.
CLXIX. And be it enacted, That all
Tolls
for the
Use
of
the
Tolls
to
be
Itailway shall
be
at
all Tiines charged equally to all Persons, and
char~tl
after the
sainc
Itatc, whether
per
Mile
or
per
Ton
per
Mile, or othcr-
wise, in respect of all Passengers,
and
a11
Goods,
Animals, or
Carriages
of
a
like
Description, and conveyed
or
propelled by
a
like
Carriage
or
Engine; and that all Tolls for Carriages and the Use
of locomotive Power shall be
at
all Times charged equally
to
all Per-
sons,
and
aftcr the
same
Rate, whether
per
Mile or
per
Ton
per
Mile,
or otherwise, in respect
of
all
Passengers, and of all Goods, Animals,
or Carriagcs
of
a
like Description,
and
coiivcycd or propelled by
a.
like Carriage
or
EnFine passing
on
the
same
Portion
of
the Line of
Railway under the like Circumstances
;
and
110
Reduction or Advance
in ally such Tolls for
the
Use
of the Itailway, or for Convcj-ancc by
the Company, or for the
Use
of any locomotive Power
to
be
supplied by
theni, shall bc
imtlc
either directly or indirectly
in
favour
of
or against
any pnrticular Company or Person travelling upon or using the same
Portion
of
the Railway
:
Provided always, that nothing herein con-
tained
shall
extend to prevent the Company
from
fixing different
IZatcs
ant1
Tolls
for the
Use
of the Railway hereby authorized from
those
cliargctl upon
the
Main Line
of
the
Yoi*Jc
cind
Aro&
Midkmd
ILailwnj-, or
from
charging upon such Main Line the Kates and
Tolls which the Company is now authorized
to
do by the said
recited Acts.
equally.
CLXX. And be it enacted, That neither the Company, nor any
Railmay
to
Person usiiig the Railway
as
a
Carrier, shall
at
any Time demand or
be
free
011
take
a
greater Amount of Toll, or make any grcater Charge for the ~~~;:~c''t
Of
Carriage of l'assengers or Goods, than the Company are by this Act
[Local.]
23
JI
authorized
2530
Power
to
tices.
local
Jtls-
L
llecovery
and
Applica
rion
ot‘
Penal
ties,
and
Imp&
soninelit
iii
tlefault
of
Distress
7”
&
8”
VICTORIZ,
Cq,
.1
si
.
authorized to demand; and
upon
Payment of the Tolls
fiom
Time
to Tinie demandable all l’ersons
shall
be entitled to
use
the ltailw-ay,
with Engines and Carriages, properly constructed, subject
never-
theless
to
the liegulations to be from Time to Time
made
by the
Company.
CLXXI. And be it enacted, That the Justices of the Peace acting
for the Counties, Liberties, or Districts in or through which tlic
Railway by this Act authorized to be made is intended to pass
shall have Authority to act in 311
Cases
arising within thcir respectiye
Jurisdictions which by the said recited Acts arc directed
or
autlio-
rized to
he
inquired into or deterrniiied by
a
Justice
or
Justiccs
of’
the Peace.
CLXXII. And whereas it was by the said recited Act of the Sixth
Ycar of the Rei8n
of
His late Majesty
King
H’il/imi
the Fourth,
among other things, enacted,
‘‘
that all Penaltics aiitl 1:oifi.i turcs
inflicted or imposed by that Act, or by virtue ofany
13ye
Law,
Orclcr,
or Rule made in pursuance thcrcof (the Manner
of
levying
and
recovering whereof
was
not therein otherwise particularlx tiirccted),
might, in case of Nonpayment thcrcof, be recovered
in
a
suiiiniary
Way by the Order and Adjudication
of
some
‘l’wo
or
more
Justices
of the Peace acting within thcir Jurisdiction,
on
Complaint to thcni
for
that Purpose made, and afterwards be levied,
ns
1~11
as
thc
Cocts
(if any) of such Proceedings, on Nonpayment, by llistrcss and
Salc
of
the Goods and Chattcls of the rcspeetive Offenders
or
l’crsoix
liable to pay the same,
by
Warrant undcr the
Hands
and
Scals
of
such
Justices, and the Overplus (if any) of the Money
so
raised
or
recovered, after discharging such Pcnalty or Forfeiture, and the Costs
and Expences
as
aforesaid, should be returned, on Dcmand, to the
Party whose Goods and Chattels should be distrained, all which
Penalties and Forfeitures not therein directed to be otherwise applictl
should 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 should be incurred by the
P:;(\
Company, in which
Case
the same should be paid
Onc
Moiety
to
the Informer, and the Remainder to the Overseers of the Poor
of‘
the
Parish, Township, or Place within which the Offence should
be
coin-
mitted,
to
be applied by such Overseers for the Benefit of the
1’001-
of such Parish, Township, or Place
;
and in case such Penaltics
anti
Forfeitures should not be forthwith paid it should be lawful
for
such
Justices and they were thereby required to order the Ofcndcr
SO
convicted to be detained in safe Custody until lleturn could con-
veniently be made to such Warrant
of
Distress, unlcss such Ofender
should give sufficient Security to the Satisfktion
of‘
such Justices
of
the Peace for his Appearance before such Justices,
or
before some
other Justices
of
the Peace having Jurisdiction, at such Time
as
should be appointed for the Return
of
such Warrant of Distress, such
Time being not more than Seven Days from the taking of such
Security, and which Security any of the said Justices were thereby
empowered to take
by
way of Recognizance or otherwise; but if
iipon the Return of such Warrant
it
should anpcar that no sufficient
Distress
7"
&
8"
VICTORIB,
Coplxi.
Distress could
he
had whereupon
to
levy the said Penalties or For-
feitures, and such Costs and Expences
as
aforesaid, and the same
should not be forthwith paid, or in case it should appear
to
the
Satisfaction
of
such Justices, upon the Confession
of
the Offender
or
otherwise, that he had not sufficient Goods and Chattels whereupon
such Penalties, Forfeitures, Costs, and Espences could be levied,
if
a
Warrant of Distress should be issued, such Justices should not
bc
required
to
issue such Warrant of Distress, but they were thereby
required, by Warrant under their Hands and Seals, to commit such
Offender to some Common Gaol or House of Correction for the
County, City, or Place within their Jurisdiction, there to remain for
Penalty or Forfeiture should bc paid and satisfied, together with all
Costs and Charges attending such Proceedings
as
aforesaid, to
be
ascertained by such Justices, or until such Offender should otherwise
be
discharged by the Course of Law
be
it enacted, That no Dis-
tress shall be decnied sufficient within the Meaning of the aforesaid
l'royision, unless the same shall be within the Jurisdiction
of
the
Justicc
or
Justiccs who is or are enabled by the said Provision
to
issue thc Warrant of Distress.
any Time not exceeding Three Calendar Months, or until such
0
253
1
CLXXIII. And be it enacted, That if any Person shall think
Parties
nlay
himsclf aggrieved by any Determination or Adjudication of any
Jus-
ai'Peal
tice under the Provisions of this Act he may appeal to the General
Sessions
ol,
Quarter Sessions for the County
or
Riding in which the Cause of
giving
se-
Appcnl shall have ariscn, but no such Appcal shall be entertained
curity.
iinless
it be rnadc within Four Months next after the making of such
1)eterniination or Atfj udication, and unless Ten Days hTotice in
Writing of such Appeal,
stating
the Nature and Grounds thereof,
be
givcn to the Party against whom the Appeal shall be brought,
and unless the Appellant forthwith after such Notice enter into
Recognizanecs, with
Two
sufficient Sureties, before
a
Justice, con-
tlitioncd duly
to
prosecute such Appeal, and to abide the Order of
the Court. thcrcon.
Quarter
CLXXIV. And be it enacted, That at the Quarter Sessions for
C~urtto
make such
Order
as
which such Notice shall be given the Court shall proceed to hcar
and determine the Appcal in
a
summary JVay,
or
they may, if they
they
think
think
fit,
adjourn
it
to the following Sessions
;
and upon the hearing
reasonable.
of such Appeal the Court may, if they think
fit,
mitigate any Penalty
or Forfeiture, or they may confirm or quash the Adjudication, and
order any Money paid by the Appellant, or levied by Distress upon
his Goods, to be returned to him, and may also order such further
Sntisfhction to
be
made to the Party injured
as
they may judge
reasonable; and they may make such Order concerning the Costs,
Costs.
both of the Adjudication and
of
the Appeal, as they may think
reasonable.
CLXXV. And whereas by an Act
of
Parliament passed in the
Provisions
of
3
&
4
Yict.
Fourth Year of the Reign of Her present Majesty, intituled An
Act
c.
97.
and
.fiw
yegulnting
Railwnys,
and by another Act passed in the Sixth
better
&
Vict.
Year of the Heign
of
Her present Majesty, intituled
An
Act
.fir
the
c.55. to
be
bctfcr
Regulation
of
Rixilu7nys7
mid
jbr
the
Coweyance
q
f
Troops,
certain Provisions were cnactcd for the Supervision of Railways,
and
other Purposcs
;
be it enacted, That the Provisions of tlie said
Two
lastly herein-bcforc recited Acts, except such of the saine
as
shall bc
inapplicable to the Railway
to
bc
made by virtue
of
this Act, shall
lie
in forcc in repcct
to
the Railway in the same Manner
as
if such
Provisions wcre repeated and re-enactcd in this Act in rcfercnce to thc
same.
CLXXVI. Provided always, and be it enacted, That nothing lierein
containcd shall be dcemcd
or
construed
to
cseiiipt tlie ltailn-ay fiom
the
Provisions
of
any gencral Act relating to lLailmays which niay
pass
during the prcseiit or any future Session of Parliament.
CLXXVII.
,4nd
bc it enacted, That in this Act tlic following
Words and Expressions shall hare the scvcral illcmings hereby
assigned to them, unless there be something in thc Subjcct or Context
repugnant
to such Construction
;
(that is to say,)
Words importing the Singular Nuniber shall includc the Plural
Number,
and
Words importing the Plural Nuiiibcr shall include
the Singular Number
:
Words importing the Masculine Gender shall include I’ciiinlc:;
:
The Word
Month” shall mean Calendar Month
:
The Expression
‘‘
Superior Courts” shall mean IIcr Majesty’s
Superior Courts
of
Itecord at
FVestn?irzster
:
The Word
6‘
Oath” shall include Affirmation
in
case of Quakers,
or
other Declaration or Solemnity lawf~illy substitutctl for an
Oath in the Case
of
other Persons exempted by Law from the
A’ecessity of taking an Oath
:
The Word
Lands” shall extend
to
Messuages, Lands, Tcnenients,
and Hereditaiiicnts of uny Tenure
:
The Word
‘‘
County” shall include any Riding, Liberty, or other
like Division
of
a
County
:
The Word
Sheriff” shall include Under Sheriff or other legally
competent Deputy; and where any Matter in rclation
to
any
Lands is rcquirect
to
be done by any Sheriff or by any Clerk
of
the Pcacc, the Expression
‘‘
the Sheriff,” or the Expression
tho
Clerk of the Peace,” shall in such Case be construed
to
mcan
the Sheriff or the Clerk
of
the Peace of the County, Riding,
City, Liberty, or Place where such Lands shall
be
situated
;
anti
if the Lands
in
question, being the Property of one and the
same Party, be situate not wholly in One County, Riding, City,
Liberty, or Place, the same Expression shall be construed to
mean the Sheriff
or
Clerk of the Peace
of
any County, Riding,
City, Liberty, or Place where any Part
of
the Lands shall
be
situate
:
The Word “Justice” shall mean Justice
of
the Peace for
the
County, Riding, City, Liberty, or Place where the Matter
requiring the Cognizance of any Justice shall arise, and who
shall
not
be interested
in
the Matter; and where the Matter
shall
7"
&
8"
VICTORIB,
Cuplxi.
2,533
shall arise in respect
of
Lands, being the Property
of
one and
the same Party, situate not wholly in any One County, Riding,
City, Liberty, or Place, the same shall mean a Justice acting
for the County, Riding, City, Liberty, or Place where any Part
of
such Lands shall
be
situate, and who shall not
be
interested
in such hhtter
:
The Expression
"
the Railway" shall mean the Railway and Branch
Railway and Works by this Act authorized to be made
;
and
The Expression
"
thc Company" shall mean the
York
crnd
Xorfii
illitllmtd
Railway Company.
CLXXVIII. And be it enacted, That it shall
be
lawful for the
Provision
{'or
1'or.X-
trnd
ATOrtJi
iMidland
Railway Company, for the Purposes
of
the
Capital
raisirlb.
for
of
iliaking a Railway proposed
to
be made between
Edinburgh
and
tile
l,L,r13Gbe
Ue,.ir.ic.lc-ril,on-
TicPed,
with a Branch to
Iitrdtlington,
to raise, by
of*
[lie
~(~~~1,
new Shares or Stock
of
the said Company
of
such Amount
Britis11
Rail-
:incl in such
hfanncr
as they shall think fit, and in addition to the
&
S
unis
'Y'.
which
thcy are at prcsent authorized to raisc, or niay be authorized
to raisc
iintlcr
any Act to bc
passed
in the prcsci?t Session of l'arlia-
ment,
any
further Sun1 of Money not escccding in the whole the
Sum
of
Pifty
thousand Pounds.
CLXSIX. And
be
it
enacted, That the Capital
so
to
be
raised
t)y
N~~~
~11:ires
Ork
m'd
the said Conipany,
by
the Creation
of
new Shares or Stock as aforesaitl,
crc:lted
by
shall bc considcred
as
Part
of
the gcncral Capital of such Company,
:tnd shall
be
subject to the same Provisions
in
all respects, whether
with
reference
to the Payment of Calls, or the
Foyfeiturc
of Shares or
,,ay
coni-
Stock on Nonpayment of Calls, or Conversion into
Stock,
or other-
pany
to
112
\vise,
as if it had been Part
of
the original Capital
of
such Conipany,
colljiderct'
sanre
as
except
as
to the nominal Amount or Value
of'
such Shares or Stock,
and tlic proportionatc Dividends thereon respectively, and except as
Sliarcs.
to the A~nount anti 'I'iiiie of Payment
of
Calls
on
such new Shares or
Stock, w-liich the Ilirectors
of
the said
Conipnny
shall
fix
f'rom l'irne
to
Time
as
they think fit.
Xortli
>lid-
CLXXX. And be it enacted, That the furthcr
Sum
so
to
be
raised
sucll
]law
by
the
said
Company,
by
the said new Shares or Stock as aforesaid,
Shares
to
shall bc offcred
to
the scvcral Persons
who
niay be Shareholders in
::iG.eLi
to
that Company at tlic Time
of
the Creation
of
such new Shares
or
Sharel,ol&
Stock,
in
proportion as ncarly
as
can
be
conveniently done to the
ers.
Amount or Value
(to
be determined
at
a
General Meeting of the
said Company) of tlic tlicn existing Shares
or
Stock held by them,
:ind such
Offer
shall
bc
made by Letter under the Hand of the
Sccretary
given
to
or
sent by Post to each Sharcholdcr or Stockholder,
or
left or addressed to his last Address appearing in the Registry
Eook
of
Shareholders
or
Stockholders, of which Letter having bcen
written
or
sent the Ccrtificate of such Secretary shall
bc
conclusiw
Evidence
;
and such new Shares or Stock shall vest
in
and belong to
the Shareholders or Stockholders who shall accept the same, and pay
to
the
Company the Price at which the same were or was allotted
to them
:it
the Times and
by
the Instalments which s!iall
be
fixed
[
I;ocd.]
25
N
by
2534
7"
Sr.
8"
VICTORIE,
Cup
lsi.
by
the
Directors; and
if
any Sharelioldcrs or Stockholders fail for
Onc Month after such Offer of such iiew Shares or Stock to accept
thc
same,
or to pay any
of'
the Instalments called fbr
in
respect
thereof, it shall
be
lawful for the Directors to dispose of such Shares
or Stock to any Party willing
to
become the Purchaser thereof
for
such
Sun1 as the
said
Directors can obtain for thc
same,
or othcrwisc
RS
they shall think proper.
public
..Ic[.
CLXXXI.
And
be
it
enactcci, That this Act
shall
be
a
Public
Act, and shall be judicially taken notice of
as
such.
7”
Sr.
So
VICTORIHS,
Cup.lxi.
SCHEDULES
referred
to
by
tlic
forcgoiiig
Act.
SCHEDULE
(A.)
25brm
of
Bond.
The York and North Midland Railway Company.
Bond, Number
SE?
BY virtue of an Act passed,
&c.,
intituled,
+.,
We, the York
and North Midland Railway Company, in consideration of the
Sum
of
do
bind ourselves and our Successors unto the said
A.B.,
his
Executors, Administrators, and Assigns, in the penal
Sum
of
The Condition
of
the above Obligation is such, that if the said
Company shall pay to the said
A.B.,
his Executors, Administrators,
or Assigns, on the Day of which will be
in the Year One thouscnd eight hundred and the Principal
sum of’ Pounds, together with Interest for the
same
at
the Rate
of
Pounds per Centum per Annum, payable
of
then the above-written Obligation
is
to become void,
otherwise to remain in full Force. Given under our Common Seal,
this Day of One thousand eight hundred
and
Pounds
to
us in hand paid by A.
B.
of
Pounds.
half-ycarly on the
Day
of
and the
Day
SCHEDULE
(B.)
Form
of
Conveyance.
I
of
in
consideration
of
the
Sum of in full for the Purchase
of
the Pieces or Parcels
of Land herein-after described and intended to be hereby conveyed,
and
for
thc Injury done to my remaining Lands by the Severance
from such Lands of the Lands intended
to
be hereby conveyed, and
dso
for the Dama
e
occasioned to such remaining Lands by the
to me,
[or,
as
the
Case
n2ny
be,]
into the Bank of England in the
Name
and with the Privity of the Accouutant General of the Court
of Chancery ex parte “The York and North Midland Railway
Company,”
[or,
to
,413.
of and
C.D.
of
Two Trustees appointed to receive the same, pursuant
to
An Act” passed,
+c.,
intituled,
+c.,
by
6‘
The York and North
Midland
Execution
of
the
J
f
orks of the Railway herein-after mentioned, paid
Rlidlaud Railway Company,”
do
hereby convey
to
tlie same
Coili-
panj-,
their Successors and Assigns, a11
[deso*ibii2g
tlie
Pi*ernises
to
br
c.oi~r;ryed]
,
together with all
Ways,
Itights, and Appurtenances thereto
I)elonging,
and
all such Estate, Right, Title, and Interest in and
to
thc
smie as
T
ani
or
shall
bccomc
seised
or
posscssccl
of,
or
ani
by
the
said Act empon-ercd to
convey,
to
hold tlic Preniisc:: to the said
(’oinpany, their Successors and
Assigns
for ever, according
to
the
true Intent
and
hleaiiing of thc
szid
Act. In witncss whereof
I
have
in
the
Year
of
our
Lord
hereunto set my
Hand and
Sed,
the
DnJ
of
SCI1EL)ULI:
(C.)
Fom
of’
Convcyinw
on
CAiof
Iht.
I
of
in consideration
of
the Rent-
charge to
be
paid
to me,
my
Heirs
and
Assigns,
as
herein-after
nien-
tioned,
by
The
York
and
A-orth Midland ltailway Conipany,”
:ind
i\liicli Rent-charge
is
in fiill for the Purchase of thc Pieces
or
l’arccl.
of
Land herein-after dcscribccl and
in
tended to
be
hereby
conveyed,
::id
for tlie Injury
done
to
niy reinaining Lands
by
tlie Severancc
fiioni such Lands of the
Lands
intended
to
be
hcreby conveyed,
mid
tiI-0
for
tlie Damage occasioned to such rcniairiing Lands
by
the
Ilsccution of the V-orks
of
the llailway herein-after nicntioncd,
do
hcreby
convey
to
tlie said
Conipany,
their
Successors
and
assign^,
:dl
[tfesc-ribiiig
tltt’
Z’i*eitii.ses
to
Oe
coiiz.cy~~/],
together with all
IYays,
Rights, and Appurtenances thcrcuiito belocging, and all
my
Estate,
ltiglit, Title,
and
Interest in ancl to the
sa~m,
and
every
Part thereof;
to
liold
the
said
Premises to the
said
C‘onip:~iy,
their
Silcc~r~o~~s
an:l
Asigns
for
e1
er,
according to
the
tiuc
Intent aid
Meaning
of 2.n
Act
pa:~~l,
cy(‘.,
intituled,
cy.(*.,
they thc
::lid
Comp:!ny,
their Successors
:ml
Ashigns,
yielding
and
paying unto mc,
my
Heirs and Assigns,
One
clcar
y(w1y
Rent of
by
cqd
quarterly
[(I).,
half-~-early,
us
ug
~*ced
/[poi/,]
Portions
hcnccforth
on
the
[stding
thr~
I)[//j.s],
clear of all
Taxes
and
1)eductions. 111 witness
whereof’,
I
ha\
(b
licicniito
set
111~7
IInntl
m(1
Scal,
tliz
in
tl
t’
Ywr
of’our
1,oi.d
L)ay
of
7"
&
8"
VICTORIE,
Cap.
lxi.
2537
SCHEDULE (D.)
I'arish
of
Saint
Mary
Bishophill the
Younger
in the City
of
York and County
of
the
same
City.
Owners
,
or
reputcd Owners.
Description
of
Property.
Tlie
Railway and the
Land on the Side of
the sanie.
Field
and Rickstead
-
Building
Land
used for Stores
-
Building
Land
-
Field
and
Shed
- -
The
Passenger Railway
-
liailwny
Land
The
Coal
Railway and
La
n
(I
adjoining
t
h e
s:itiie.
Field, Farm Building,
and
-
Itickstead.
stead.
Field, hilding, and Rick-
Engine House
::nd
Men's
Houses.
Garden and Bidding
-
Garden and Orchard
-
Field, Shed, and Rick-
stead.
Ditto
Ditto
-
rhe York and- North
Midland Railway
C
o
ni
pay.
rhe Trustees
of
Ito-
bert Cattle.
rhe
York
and
North
Mid la
ti
d
hi
Itva
y
Coni
pan
y.
rhe York
ad
North
Rlidl
;tiid
Railway
Company.
rhe
York
and North
Midland Railway
Coni
pany.
I'he Great North of
Engl;i
nd 1t;iiIw;iy
Corn
pan
y.
The Great
North
of
E
rig
land Itai
I
way
Coniliatip.
The
Great
North
of
Erigl:i
11
d
Itail
way
Coni
pan
y.
Tlie
York
and Kortli
AI
itll;ind
hi
1
way
Collipany
atid
the
Great North
of
England Itailway
cot11
p:111!;
The Great
North
of
Engl;rnti
Railway
coll,~':rny.
The Great North
of
I3
11gI
mid
ltail
way
Thomas Yot
he
rgill,
Esq.
George \Yi\Iiaiii Tire-
man,
Esq.,
Richard
('at
t
l
e!,
and the
'l'rcistecs
of
Mary
El
I
i
n.
The
Great
hTorth
of
England
ltailway
COlll
prnp.
c
0
I
I1
1'"
I1
y.
Eq.
Thoinas
Fotliergill,
Ditto
-.
Ditto
-
Ditto
--
Ditto
-
Lessees
or
reputed Lessees. Occupiers.
[n
hand.
Edward Dutton.
In
hand.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
The Great North
of
Eng-
land Railway
Com-
pany and Robert
Dodgson.
In
hand.
William Harker.
George Baines.
The Great North
of
England Railway
Coiiipany.
Joseph Latham.
James Anderson.
Robert Dodgson.
John Gray.
Robert Dodgson.
[Local.]
28
0
2538
Earl
De
Grey
- -
Ditto
Ditto
7"
&
8"
VICTORIIE,
-
--
--
Caplxi.
Description
of
Property. Owners
or
reputed Owners. Lessees
or
reputed Lessees. Occupiers.
I
_-
I
-~
__-
Parish
of
St.
Olave Marygate, Township
of
Cliflo?i,
in the North Riding
of
the
County
of
York
Field, Shed, and Rick-
stead.
Field aud Orcliard
Garden
-
Yard, Shed,
and
Stables
-
Brew-house
Public House
-
Barn
Dwelling House
Ditto
Ditto
Ditto
Ditto
-
Ditto
Ditto
-
Ditto
Yard
and
Stable
Garden
Ditto
Ditto
-
Stack-yard
Shed
-
House and Stable
Garden
Ditto
Orchard
Field
and
Rick-yard
Ditto
Field
and
Hovel
Field,Rick-yard and Hovel
Field and
Hovel
Toll
Birr
-
Earl De Grey, or the
Trustees or Devisees
of
David Russell.
Earl De Grey
-
-
Ditto
-
Ditto
Ditto
Ditto
John Roper
-
Josepli
Eyre
-
\Villiaiii
aid
George
Wilson
.
Ditto
Ditto
Ditto
Joseph Eyre
-
Ditto
Ditto
-
William and George
\Vi
Is
on.
Ditto
Ditto
Ditto
Ditto
Ditto
Robert Bellerby
E,irl De Grey
-
The Trustees or De-
visees of David
Russell.
Earl
De
Grey
Oswald Barker
Earl
DeGrey
-
Ditto
Ditto
James Sowerby
The RIayor, Aldermen,
and Citizens of the
City
of
York,
and
the
\Vardens
and
Pasture
Masters
of
l3ootham
Stray, the latter
as
Trustees for Freemen
of
Boothain
Wd
and
the Trustees
of
tlie Turupike
Road
from Yvrk
to
Oswald
Kirk.
The Trustees or
Devisees of
David
Itussell.
Robert illowbray
I)u-
nell.
rhoinas
Sellers.
Ditto.
Ditto.
Ditto.
Dittc.
Williani Thackray.
Joseph-Eyre.
\Villiam \Vilson.
\YiIliain Hayes.
Tho
iii
as
\\'a
terwor
t
11.
George \Vilsori.
George Storey.
Eliz~betli Naylor.
\\'illiaiii
13irliett.
William
nnd
George
\Villiani Hayes.
Thomas
\Vaterworth.
George \\'ilson.
Robert Bellerby.
\!'
i
Is0
n.
Ditto.
Ditto.
Ditto.
Robert
Mowbray
Ilar-
iiell,
sublet
to
Wil-
liani \Vhincup.
John
Darby.
Oswald
Ihrker.
John Darby.
John Edwards.
Charles Nukes.
'111
o
in
as
So
we
r
by.
-
Parish
of
St.
Michael
le
Bcy7ey,
Township
of
Clifton,
in
the
North
Riding
of
the
County
of
York.
Hoiises, Oliices, and
Out-
buildings.
Cow-howe,
Stables,
and
Outbuildings.
House and Oifices
1)itto
Ditto
Jmies
Jfoss.
John
Doughty.
Ditto.
Abraham
Hague,
Joh
ii
Itoti
ndill
.
7"
&
8"
VICTORIZ,
Lessees
or
reputed Lessees.
-
Cap.
Ixi.
Occupiers.
Frank Wilson.
2539
-
-
-
-
-
Description
of
Property.
Joseph Holdgate.
James
Moss.
John
Doughty.
House and Offices
Ditto
Ditto
-
Ditto
-
Ditto
Garden, Rick-yard, and
Outbuildings.
Garden, Orchard, Rick-
yard, and Outbuiltl-
ings.
Yard
Garden
Ditto
-
Ditto
-
Owners
or reputed Owners.
Thomas Hodgson
-
Ditto
-
Ditto
-
Thomas Noble
-
-
Ditto
-
Earl De Grey
-
Earl De Grey
-
Thomas
Hodgson and
Thomas Noble.
Thomas Hodgson
-
Earl DeGrey
-
John Hoggard
John Roundill.
Frank Wilson.
John Doughty.
John Rainfoot.
William Dickenson.
Joseph Holdgate.
Abraham Hague.
John Doughty.
Johri
Kay.
Parish
of
Huntington, Township
of
Huntington, in the
North
Riding
of
the County
of
Ywk.
Cottage, Yard, and
Out-
building.
Field and Roadway
-
House
and Farm Build-
ings.
Roadway
Garden
-
Field Plantation and
Potatoe Ground
-
-
Watercourse.
Far
in-11
o
use, Garden,
Yard, Barn, Stabling,
and Oiitbuildings.
The Mayor, Aldernien,
and Citizens of the
City of York, and the
Wardens
and
Piisture
Blasters
of
Bootham
Strtiy, the latter as
Trustees for the Free-
nien
of
Bootham
Ward.
Mary Dorothea Pember-
ton.
Ditto
Ditto
Ditto
-
Ann
Bealby
-
The Trustees or De-
visees of Gilbert
Crompton,
EYq.
Ditto
-
Thomas Tenniswood (the
Herdsman).
Johu Wheatley sen.
John Wheatley and
Matthew Robson.
Thomas Dowker.
Sarah Hornby, Williani
Hornby, and Thonias
Hornby.
Hannah
Robson.
Ditto.
Cornelius Thompson.
Parish
of
Stremall,
Township
of
Haxby,
in the North Riding
of
the
County
of
York.
Field and Hovel
-
Field, Hovel, and Rick-
Field and Plantation
-
stead.
Field and Building
-
Pleasure Ground aiid
Gardens
Ditto
-
Plantation.
William Judson
The Trustees
of
Fran-
cis 'lheakston.
Ditto
-
Richard Petch
- -
'I'lronias
Plowman
IVilliam Dyson
The Churchwardens and
Overseers
of
the
'I'ownship
of
Haxby
as
Trustees for the
Poor
of
Haxbp.
John Jefferson.
Kobert Dunning.
William Driffield
or
\Vil-
Robert Gibson.
In hand.
Thomas
Pybus
or Wil-
liam Shipton.
William Snowdon,
Tho-
mas Moiser, William
Dobson.
liain
Driffield jun.
2540
Owners
or
reputed Owners.
Description
of
Property.
_-
7"
&
8"
VICTORIB,
Occupiers.
I
I
I
Cap.
lxi.
Description
of
Property. Owners
or
reputed Owners. Lessees
or
reputed
Lessees.
Occupiers.
Lessees
or
reputed
Lessees.
Parish
of
Strensall, Township
of
Strensall, in
the
North
Riding
of
the
Cou?ily
of
York.
Field,
Ilorel,
airtl
Rick-
Tlie
Trustees
of
Stren-
stead.
sal1
l'iiroclrial School.
Field
and
Rickstead
-
The Vicar of Strensall
-
Ditto
-
Joseph Horsley
-
-
Field
aut1
Hovel
-
-
Ditto
-
Yield and Rickyard
-
Jarnes
Green
-
Field
and
Hovel
-
Mark Linfoot
-
-
Gardens
-
Joseph Agar
-
Yield, Hovel, and Rick- George Holmes
and
stead.
iliiire
tiis
\Vife,
Jolin
Green and Mary
his \\'ife,
and
Johii
Sinitli.
PI
'in
t
nt
ion
-
Richard Brown Craggs
-
Field and
Hovel
-
Robert Dobson
Road
to Wallbutt's
Farni,
The Ecclesiiisticsl
Com-
otherwise \\Tarbutt's niissioners for
Eng-
Fariii. aud
Wales.
The
Devims in
trust
of
\Vil-
liani
Tukr.
John
Spruce.
Eleazar 1Ialder.
George Nicholson.
TI1
Il:lnd.
(:harles Linfoot.
Joho
Creaser.
John Creaser jiin.
Ditto.
In
hand.
\\.iIliiim
Penrose.
John Bushby.
ParisJh
of
Bossall,
Township
of
Flaxton, in tlie
North
Riding
of
the Couritp
of
York.
Field, Ricksteiid,
and
The Trustees
of
l'honias
S
ni
i
t
11.
Wood
-
-
I
Ditto
Plantation
and
Roadwny
-
i
Ditto
-
Wood and lloadwny
-
'
Ditto
Iiozdway
-
--
Ditto
-
Field
and
I5uilding
-
1
Ditto
Field
and
Building
-
Ditto
-
\\'atercourse.
-
1
George Matkin.
-
111
tiarid.
-
1
Ditto.
-
I
John
\\'ood.
-
Francis Jackson
-
,
Ditto.
-
i
1)itto.
Parish
of
Foston, Township
of
Thornton
le
Clay,
in
the
North
Riding
of
the County
of
York.
Field
and
Hovel
-
-
Field
and
Hovel
-
-
Field, F~ni Buildings,
aid
Stack-yard
\Villiam \I';ilkington
-
-
\VillianiStiirry
- -
-
'lhe Rev. Williaiu
Spew
-
cer \Vhitelocke
-
Ill
hantl.
lu
hand.
\\'illiarii Hodgson.
Parish
of
Poston,
Township
of
I.bston,
in the
A'orth
Riding
of
the
Count9
of
ITOrk.
Field
and
Roadway
-
Plantation
Ditto
-
--
Field
aiid
Lioadway
Farm-h
oil
se,
Garden,
Milking
Fold,
Stiick-
yard, Isarn,
and
Out-
buildings.
Field,
I
and
Plan
ta tio
11.
Field
and
Roadway
-
Field, Hovel,
and
Road-
Field
aiid
Hovel
\vay.
The
Trustees
of
the
York Charity
Scliools
for I%lue-cont
Boys
and
Grey-coat Girls.
The
Trustees
of
the
Tork
Cliitrity Schools
for
I5lue-coat
Boys
and
Grej-coat Girls.
Ditto
-
--
Ditto
Ditto
-
-
Ditto
-
---
Ditto
--
I)it.to
-
---
Ditto
-
---
\Villiam Weatherill.
In
hand.
Ditto.
13
t
to.
\Villiain Weatherill.
Ditto.
Ditto.
Ditto.
Ditto.
7”
&
8”
VICTORIE,
The Right Honourable
tlie
Earl
of
Csrlis!e.
Ditto
Ditto
-
Cap.
Ixi.
-
-
1
In
Iiand.
-
John
Hardcastle.
--
--
Ditto.
254
1
Ditto
-1-
Description
of
Property.
Ditto
Owners
or reputed Owners.
I-
Field
and
Roadway
-
Hovel
Field and Hovel
Tlic ‘l‘rustees
of
the
York Charity
Schools
for I(lue-coat
Uojs
antl
Gey-coat
Girls.
‘Hie Rev. Franci~Siin~~soii
Ditto
Lessees
or
reputed Lessees. Occupiers.
\Vi
I
li
ai11
\Ve:i
t
h
e
ri
I!.
Ditto.
Richard Harrison.
Purish
of
Crambe,
Toumship
of
Whitwell,
in
the North Riding
of
tile County
of
York.
Field
and
Roadway
Ditto
-
l’rivate Itond
-
Fariii-house,G~~rdeii,l’:irtl,
Orchrd, l’lantatioti,
Rick-y:irds, Ikirn,
and
F;irm 13uildiiigs.
I’rivate
Roatl
-
Stab
le
Onk
Cliff
\Vood
‘low
i
11
g
l’nt
Ii
ltiver
Derwent
-
-
The Trustees of John
Haigh,
Esq.
Ditto
Ditto
-
Ditto
Ditto
Ditto
Ditto
-
‘The Trustees
of
John
Haigli,
Eq.,
or
Earl
Fit
z
w
i
I1
ia
ni.
Ditto.
Rich:ird Deanison.
Ditto.
J~iiies Wilson.
Ditto.
Willinni
Dutht..
Richard Dennison.
In
hand.
E:irl Fitzwilli~ii~i,
as
Pro-
prietor
of
the River
1)erweiit Navigation.
-
Parish
oj’
Crambe, Township
of
Burton
le
lVillou?s,
in the
North
Riding
of
the
County
of
York.
Gardeli
-
Gravel
Pit
Hovel
The
Spittle Beck Inn,
Garden, Stable, and
Outbuilding.
Stable
-
\ViIliaiii Scawin
George Cliolniley,
Esq.
-
\V
il
I
iaiii
Scawiii
1)i~to
-
T
ti
o
ni
as
N
ig
It
t
i
ng
al
e
-
Henry Kimberley.
\Villiam ‘larr.
\i‘illiani
Hudson.
Ptlattliias Avisoii.
Tlioiii;ia Nightingale.
Parish
of
Cranibe,
Township
of
Crambe, in the
North
Riding
of
the
County
of
York.
Hovel
and
Fold-yard
-
Yarn1 Building
and
Fold-
yard.
l’It~iit:~tioii
.
CO
w
-11
o
II
se
Hovel
-
Co
w-Iiow
e
Ditto
-
Ditto
-
Ditto
-
Ditto
-
Orchard
Occupation
Road
- -
l‘owiiig Path
-
~~io~lilley,
sq.
j
-
-i-
-
Ditto
Dittn
-
11:
1
1)it.to
-
Ditto
-
--
Ditto
Ditto
Ditto
-
-1-
Ditto
-1-
Ditto
-
_j_
Ditto
-1-
George Cholmle~.,
Esq.,
1
-
iiiid Earl
Fitzwil-
j
1
i
ii
111.
Ditto
-
:I:
I-
Mary Green.
13arn:il)as
Wray.
In
hand.
Ann
and
Richard
Brough.
\Vi
1
I
iaiii
‘Tlioiii
pson
.
Anti
and
Robert Ueilby.
‘l‘!iomas
Lockwood.
Richard Strangeways.
James
A
r
ni
i
t
awe.
Jereiiiiali
Sp~vin.
Robert
J
ol
i
n
so
ti.
Earl Fitzwilliaui,
as
Pro-
prietor
of
the
River
Derwent Navigation.
?
Ditto.
Parish
of
Bulmer, Township
of
IVclburn,
in
the North Riding
of
the County
of
York.
Wood
and
Roadway
-
Field
antl
Plantation
-
Field, Hickstead, and
Field
and
Hickstcad
-
1’l;int;ition.
[Local.]
2542
Cap.
lxi.
Description
of
PI
operty. Owners
or
reputed
Owners.
Lcssces
or reputed Lessees.
Occupiers.
Osier Beds
Wood
and
\V;itercourse
-
!\’ood
and
Roadways
-
Shed
Store, Warehou.;e,
:id
Shed.
store.
Bui
I
di
ng,
\V
!I
a
r
f,a
11
ti
Coil
l
-
Timber \Vharf
-
Cottage
and
Gden
-
Wood
and
Roadway
-
The
Iiizlit
Honoiiriible
the Earl
of
Cdisle.
DitbJ
Ditto
Ditto
-
Ditto
Ditto
Ditto
Ditto
-
Ditto
-
Ill
I1:ll~d.
Ditto.
Ditto
Dit*,).
1)ii.o.
-
I
.Znn
Heckley
and
John
-
,
In
hand.
-
~
Ann
Heckley
and
John
Ilec
!;ley,
sublet
to
Joliri
I
IIecLley.
~
1’;Iu.e.
-
I
Ill
I1nnd.
Parish
of
Hutions
Ambo,
‘ibwnship
of
Huttons
Anibo,
in
the
Nortli
Riding
of
the
County
of
York.
Cottage, Garden,
YwdR,
Outbuildings, Ware-
house,
\I‘liarf,
and
Stabling.
Stainclitfe
Wood
-
-
Field
and
blied
-
-
Plantation
-
--
Cottage
and
Garden
-
Huttoil’s
Baiik,
Wood,
Field
and
l’lantation
-
and
Iloadways.
Field
ziid
Hovel
- -
Cottage,
Pore
Court,
Garden,
and Outbuild-
ings.
Ditto
Ditto
-
Ditto
-
Ditto
--
River Derwent
- -
Part
of
Gardeii
- -
Field,
Hovel,
and
Rick-
Field
and
Rickstead
-
stead.
Plantation
Ditto
River
Derivent
-
.
Ditto
ieorge
Saville
Foljninbe,
Esq.
Ditto
ticharti
‘Terrick Stain-
;eorge
Sitville
Foljambe,
forth,
Esq.
Esq.
lhtto
-
Ditto
ilexander. Frederick
llosville,
Esq.
I
oh
n
11’0
13
ndi
11
loseph
Best
-
Ditto
-
Ditto
Ditto
-
Ditto
E
ii
r
I
Fi
tzwi
I
liam,
John
\\‘~tEnclin,
and
tieorge
Saville Fol-
jnrubc,
Eq.
Tile
liev.
Francis
Or-
plien
Norris.
Ditto
Ditto
Riclinrd
‘I’errick
Stain-
forth,
Esq.
Ditto
R
i
c
11
ard
Terr
icli
S
tai
1:-
forth,
Esq.,
Robt.
Bower,
Lq:,
and
Enrl l;itzwilliam.
Ditto.
lOIlI1
1vonlscli.
I1
IIRlld.
rlioil~us
Stilborn.
I1 IlilIltl.
,\’i
I
liam
Ihrker.
n
11
.n
II:III~.
.ianiiitli
Newby.
Charles
Bowser.
Robert l\’iiters.
Philip \\’\lite.
Joseph
15erwick.
-
1-I;lnnah
Newby.
Ditto.
George
Spetltliiigs,
David
Hope,
‘l‘liorn~s
Mar-
sliall,
David
Walker,
Tlionias Nixon, Charles
Brmwr,
Nary
\T’alker,
and
John
Sollit.
In
hand.
Ditto.
7’”
&
8”
VICTORIIE,
Caphi.
2543
Description
of
Property.
Omiicrs
i
Lessccs
I
,
or
reputed Owners.
1
or reputed
Lessees.
~
Occupiers.
Parislr
of
Westow,
Township
of
nlennythorpe,
in
the
East
Riding
of
the
County
of
York.
I:arl Fitzwi!liarii.
Joliii
itisis.
Ditto.
Parish
qf
Xorton,
Totmiship
of
IC’ellinm
otherwise Township
of
Norton,
in
the
East
Riding
oJ’
the
County
of
York.
Fox
cover
Field
anti
Hovel
l’lantatioi:
Pi:rnt;ition
:tiid
\\’ater-
cotirsc.
1’Iant:itioii
River Der\\cnt
-
-
Garden
I’rirate Rod
1’lant;rtioii
Ditto
-
--
Ficld
antl
IIovel
Field, Watercourse, nnd
15iiildiiig
Brick
Kilns, Sheds,
Sta-
blin<:>
Yard,
and
llrick
Gro
ti
n
(I.
Cottage
antl
Garden
-
Brick
Floor
-
Part
of
13rick Floor
and
Brick
Ground.
Hone
Mill
Ro:icI\vay
to
Bone
Nil1
-
River Derwent
-
-
toliert, Ilower,
Esq.
-
Ilitlo
Di:tii
l);!to
-
Ditto
Girl
k’itzwilli;iiii, Itobert
Iliclinrd Terrick Stain-
for:li,
lkq.
l1)bt.I
t
I3owcr.
Eso..
nnc!
Ih+cr,
Esq.,
and
I1
Earl
Fit
z
\vi
11
iwn
.
Ilutxrt llower,
Esq.
Ditto
-
Ditto
-
Ditto
Ditto
-
Ditto
Ditto
-
Ditto
Ditto
Ditto
-
Ditto
Ditto
-
Ditto
Ditto
-
Ditto
Ditto
-
Ditto
Robert Bower,
Esq.,
and
Earl Fitzwilliain.
.Jonathan
Booth
-
Ditto
Ditto
-
[n
li:in(l.
Cieorge
Hick.
[U
Iiand.
LXtto.
Dittc.
-
Earl Fitzwilliam.
[I1
11nnd.
Jot,
n
A
(1
am
s
II
n.
Jolin
Adanison,
sublet to
George Adanison
antl
Francis Cobley.
John
Atlamson, sublet to
G
eorg
e
Ad
ainson.
Jolin
Adanison
arid
George
Adamson.
Iloberi
Hower.
Ditto.
Ditto.
Ditto.
Jonathan
Booth.
Alfred Simpson.
,Jonathan
Booth.
Jonathan
Bootli,
sublet
to Robert Mitcliell.
Jonathan
Booth.
Ditto.
Ditto.
Ditto.
2544
7"
&
8"
VICTORIB,
Cup.1si.
Owners
or reputed Owners.
Description
of
Property.
Occupiers.
Lessees
or
reputed
Lessees.
Parish
of
Norton,
Township
of
Norton,
in the East
Riding
of
tJLe
County
of
York.
Inclosed Ground
Buildings
arid
Sheds
-
Tenement, Pigsties, Gar-
dens, and Outbuildings,
Garden Ground
-
.
Towing Path
-
Pnblic Bridge
-
-
Orchard
-
Field or P,iddock
Garden
-
Field or Paddock
Two Cottages
-
House, Garden, and Out.
buildings.
Field
-
Garden
-
Timber Yard, Worksliops
Office, Stable,
Out,
buildings,
and
Sheds.
House, Yitrd, Passage,anc
Outbuilding.
House,
Passilge, and
Out.
b ui
I
d
i
ng.
House, Garden, Passage
and Outbuilding.
Ditto
-
and Outbuildings.
Ditto
House, Garden, Yard
Ditto
Private Road
-
Wheelwriglit's Shoi
Gardens
Buildings and Land
Shed,
and
Garden.
River Derwent
-
Cottage and Land
Cottage, Yaid, Pigsty
Cottage, Yard, and
Out
Yard, Brewery, and
Out
Ditto
and Out-offices.
offices.
b
ti
i
I
d
i
ngs.
3x1 Fitzwilliani
Dirt0
Ditto
-
--
Ditto
-
Ditto
-
Ditto
-
I'he Justices for
East Riding.
2eorge Bartliff
Ditto
Ditto
Ditto
Ditto
-
the
-
Ditto
2eorge Kingston
lames I5lenkin
Ditto
Shy
iIIortiuter
-
-
Ditto
Edward Mortimer
-
Mary Rfortinier
-
-
Ditto
Ditto
George Kingston
-
Ditto
Earl Fitzwilliani
Ditto
Earl Fitzwilliam, John
U'aters, the
Reva
Eduiiitid
Day, Ricli-
ard Stilling,
Thoinas
Clarke,
and
Itobert
nutter.
Earl b'itzwilliam
Ditto
-
Earl Fitzwilliam
Ditto
James
Wilson
-
-
-
Isaac Priestman.
-i
I)itr,o.
-
~
Isaac I'ries~ni;rn,
who
sub-
lets
to
Thoiiias
Cross,
Thomas
Cross
jiin.,
hlarshitll Pearsoti,
;ind
1
Henry bines.
-
,
John
Saiitlr.
IXtto.
-
,
Earl Fitzwilliani.
-
~
-
~
In
hand.
-
~
Ditto.
-
~
Iiichard Hines.
John Scott.
111
Iiaod,
and
I~icliartl
I-lines.
Unoccupied.
Robert
Grice.
1.:
d
wn
r
tl
Cor
1)s.
Di1.t
0.
Ditto.
Joli
ti
Ealanrl.
Wi
11
i
ani
C
rawfv
r
d.
IVilliam Suggi
tt.
Jane 'Thornton.
\Vi1
I
inm Combs.
Robert Grice and
1x0-
bert
Rlaw.
Robert Rlaw.
James
Wilson.
Jaines\ViIsoii and
his
tin-
der-tenants, Richard
Sugit, George
Hem-
tiiings,
'l'liomas
\Vray,
arid
John
Cr,iwford.
Elizabeth
Ilitle.
\Villimi .leiinison.
Joseph
Newcornbe.
John
Crawford.
Jaiiie.; \\'ilsoii.
7”
&
8’
VICTORIB,
Description
of
Property.
Yard, Workshops,
Shed,
Pigstye, atidOut-offices.
Yard
and
Outbuilding
-
Skin-yard, Garden, and
\Vorkshop.
Gnrtlen
-
Ditto
-
Field
or
Paddock
(;iirtlen
Ditto
Ditto
Field or Paddock
I’,trt
of
Garden
-
Garden
Ditto
Ditto
Ditto
Ditto
-
Ditto
-
I’*irt
of
Gurden
-
Ditto
-
titi
rtl
e
t
t
Field
or Paddock
Ditto
Ditto
Ditto
-
Field, Stack-yard,
Watercourse.
Field ,or Paddock
\\’;itercourse.
Gwdeti
Ditto
Ditto
Ditto
-
Ditto
Stable
Field or Paddock
Field
and
Orchard
Field and Garden
Garden
-
Ditto
-
and
t;arden
t;;trden
and
Brook
Ditto
- -
Ditto
-
Ditto
,lGt.ld or Paddock
(;atden
IIouse, Shed, Out-office?
Ditto
Yard,
and
Garden.
[
Locctl.]
Owners
or
reputed
Owners.
John
Waters
-
The
Rev. Edmcind Day
-
Geairge Stelling
Thomas
Clark
-
‘l’honias
Clark,
Rob!.
Rutter,
‘lhoiiias
Itus-
ton,
Tliorn;is
\Vilsoi),
Cornelius Clark, and
GraceNixon
-
-
Robert Rutrer
-
-
Thonias
Ruston
and
Tlte
Rev. Etlniund
Diiy
Ann
Chatwin
- -
lhomas
M’ilwit.
Isaac Priestiiian
Jaines Seller
John Hesp
-
Fanny
Frier
-
Ditto
-
Ditto
Ditto
Ditto
Ditto
Ditto
-
Ditto
Ditto
Ditto
Trustees
of
John
gleby.
Fanny
Frier
Ditto
‘rhos. King
-
Ditto
.-
In-
Edward Setchfield
-
‘rhos. King
--
Ditto
-
Ditto
Ditto
-
Ditto
-
Ditto
Edward Setchfield
-
Josvph \Valker
John
\Vales
-
Ditto
-
Ditto
Ditto
Dirto
Ditto
Ditto
Ditto
John Hesp
-
1);ivid Freer
--
‘I’homnxs
Airson
Jntte
Leavens
-
-
Cap.
Ixi.
Lessees
or
reputed Lessees. Occupiers.
John Waters and John
Waters junior.
Sarah O’Connell.
George Stelling.
Thomas Clark.
Emanuel Hume, Henry
Husband, Thomas
Kirby, George Hem-
nhp, Robert
Clark,
Hen.ry Streets, John
Sheffield, Henry Do-
herty, Sarah Jackson,
William
RI‘Leait
.
111
haritl.
‘lhomas
Ruston and
\Villiani
Rapp.
Ann
Chatwin
and
Wil-
Isaac Priestman.
Janies Seller.
Ditto.
John
Holtnes.
James Wood.
John Hopper
I’
Richard
\Vood.
James Scaif.
Edward Kneeshaw.
Ralph Fox.
Janies
Bland.
Thoinas White.
John
Gray.
Charles Wallgate.
Mary Monknian.
John Hopper.
Thomas
King.
Ditto.
Thonias iVilson.
liam Hardcastle.
In
hand.
William Stnitli.
In
hand.
Ditto.
Thomas
Lning.
John Smith.
In
hand.
Ditto.
Joseph Walker.
Samuel Bielby.
William Studders.
John Nightingale and
George Todd.
John Smith.
Jmies Studley.
Unoccupied.
John Humble.
In
hand.
David Freer.
Thomas Harding.
Thomas
Leavens.
William
A
tkinson.
2546
7”
&
8”
VICTORIX,
Cap.1xi.
Owners
or reputed Owners.
~~~~~
Description
of
Property.
Lessees
or
reputed
Lessees.
Hovel
-
-
Sunrnier
House
Field or Paddock
-
Quarry, Lime-kilns, Land,
Field
or
Paddock
and
Road.
Ditto
Ditto
-
Field or Paddock
Ditto
-
Field and Orchards
-
House, Out-buildings,
Gzrden, Orchard, and
Yard.
Quarry, Lime-kilns, Land,
and Road.
Garden, Stable, Cow-
houses, Pigstye, and
Shed.
Orchard
Shed
-
Garden and Building
-
lane Leavens
-
-
I
-
3eorge Ihrnby
Ditto
Ditto
-
Wni. Allen
-
Alice Ward
-
Jas. Seller
Jane
Leavens
George Ihrnby and
Jane Leavens.
George Barnby
Ditto
James Parker
-
-
Ditto
Henry Janies Lcasley
-
Ditto
-
Ditto
1
Orchard Ditto
Orchard, Yards, Cart-
Diito
slied, Stable, Piggery,
and Out-officeq.
Field and
Boat
Harbour
-
Field and Plantation
-
Ditto
-
Ditio
Occupiers.
Thomas Leavens.
George Barnby aod 1171-
liam
Adamson.
\Villiani Adanison.
Geo. I3arnby and Ditto.
In
hand.
Tlionias Avison.
James Seller.
1
Iionias
Leavens.
‘lhomas
Leavens,
IViI-
liam
Adanison, and
George hrn
by.
George hrnby and
Willinin Adanison.
George Barilby.
,.
Richad \Yard.
Ditto.
‘1h:)tnas Avison.
‘1hoiii;is
Avison, underlet
1.0
‘lhoiniis
Pe;irvon.
Tliomas
Avison.
Ditto.
Ditto.
Ditto.
Ditto.
Parish
of
St.
Michael,
New Malton,
Township
of
New
Malton,
in the
North
Riding
@the
Couiily
of
York.
Occupation Road called
Coal-yard,
\\:had,
and
Stack-yard arid Outbuild-
Water Lane
-
Warehouses.
ings.
Coal-yard, \Ghiirf, Shed,
and Warehouses.
Yard, Wharf, Shed,
Wareh
oii
se,
ii
n
d House.
Barn, Stable, and Out-
offices.
Waste Ground, Harn,
and
Stable.
House and Oirtbnildings
Cottages
and Yard
-
House and Offices
Occupation Road
River Derwent
Earl
Pitzwilliam
Ditto
Ditto
-
Ditto
-
Ditto
Ditto
-
Ditto
Ditto
Robert King
-
Ditto
-
Earl Fizwilliaiii
E:ir
I
Fi
I
z
w
i
I
lia
in
and
Henry Soulby.
Ann
Ash,
sublet to
IViI-
liani
Cleathing and
John Bell.
Williani Cleathing
and
John Bell.
Earl
Fitzwilliani
iiiic!
Joseph Hider.
John
Sanderson.
In
hand.
Char1 otte Snii
thson.
Thomas Pattison,
Mar!
Dodsworth, Foster
Steel,
Johll Rud-
dock, and Elizabeth
It
OOk
8.
Robert King and Charles
Jagger.
-
7”
QL
8”
VICTORIE,
Cap.Ixi.
2547
I
Lessees
I
i
oc
reputed
Owners.
1
or
reputed
Lessees.
1
Owners
~
Dcxription of
Property.
Occupiers.
Parish
of
Old
Malton,
Township
of
Old
Multon,
in
the North Riding
of
the County
of
York.
lliver
Derwent
-
-
Islands
-
..
-
I
-
--
House
and Garden
-
Garden
-
-
Garden
-
Earl Fitzwilli~tni.
l‘he Justices
for
the
North Riding
of
the
County
of
York.
Ditto.
Earl
Fitzwilliani
Ditto
-
Ditto
Ma
thew
REe
tcd
tt
.
Ditto.
Ditto.
Parish
of
Settrington, Township
of
Settrington,
in
the
East
Riding
of
the County
of
York.
PI
an
ta
ti on
I’liintation
-
Ditto
-
I
II
hand.
Ditto.
Ditto.
Parish
of
Settrington, Township
of
Scagglethorpe,
in the East Riding
of
the County
of
York.
Orchard
- -
-
1
Jo.sliu:t W:rlker
-
-
Stack-yard
-
--
Ditto
Hovel
-
Yarhirgh Greame,
Esq.
Hovel and
Yard
-
I
Ditto
-
Edward Brand.
Jaines
Sichols.
Thomas Cundill.
Ditto.
Parish
of
Rillinyton, Township
of
Rillington,
in
the East Riding
of
the
Coudy
of
York.
Barn, Stable,
Shed,
L;ind,
Hovel
-
-
-
Garden and Orchard
-
House, Stable, Cow-
Iiotise,
Outbuilding,
Yard,
and Garden.
arid Stack-yard.
Orchard
-
Field and Hovel
€1
ovel
-
Hovel
-
-
John Stephenson
-
The
Trustees
of
John
William Collinson and
Alfred Siinpson
-
-
Sinipkin.
John Collinson.
Ditto
John
Ditle
and Luke
Dale.
Joliii Agar
Jolin
Siiii!)son
John Stephenson.
Anthony Barker.
\Villiam Collinson and
David
Beilby.
.John
Collinson.
Ditto.
Luke Dale.
IVilliani Collinson and
Edwiird
I-Iall
and
John
John Collinson.
Harrison.
Parish
of
Rillington,
Toiunship
of
Scantpston,
in
the
East
Ridiy
of
the County
of
Yorh.
I’lantation
1’lant;ctiori
I?eld
anti
Rickstead
-
Plan
tatiori
River Derwent
- -
William St.Quintin,
Esq.
Ditto
-
Ditto
Ditto
-
-
Ditto,
and Earl Fitz-
williani.
In hand.
Richard l%ulmer.
\Yilliarn
St.
Quintin
or
John
Tindall.
Ditto.
Parish
of
Rillinyton or Parish
of
Pichering,
Township
of
Scampston
or
Township
of
Murishes,
in
the
East
or
North Xiding
of
the County
of
York.
-
I
-
i‘rld
I
River Dcrweut
-
1
E,irl
1.irzwilli;lm
1
\\’iIiiiiin
St.
Quintin,
,
Towing
l’atli
-I
E>,].
Ditto
--
-I
2548
7"
&
8'
VICTORIB,
Cap.
1
xi.
Description
of
Property.
I
I
Owners
or
reputed Owners.
i
I
Lessees
i
or
reputed
Lessees.
I
Occupiers.
I
I
-_-I
'
-~_
I
Parish
$Pichering,
Township
of
Maridles, in
the
Nortil
Biding
of
the
County
of
YorK.
Farm-house, Bdrn, Cow-
house, Stables, Yards,
Gardens,
atid
Outbuild-
ings.
Stack-yard
-
-
Field and Hovel
-
Orchard
-
--
House,
Cow-shed, and
Pigstye.
The
Conirnittee
of
the
Estate
of
Stapylton
Stapylton,
Esq.
Ditto
-
-
Ditto
The Archbishop of York
in
right
of
the Arch-
bishopric.
Ditto
-
-
-
-
The Trustees of
Joh
II
hi
nto
ti
Harrison, and
So
11
Ii
ia Ann e
H
tir
risou.
Ditto
-
Parish
of
Pickering,
Totcnsliip
of
Pickering, in
the
North
Bidin:
Plan tation
-
Field and Hovel
-
House, Cow-house,
Pig-
sty,
Garden, and
Stack-yard.
Garden
-
--
Public
House,
Stablc.,
Cow-house, Barn,
Pig-
stye, Yard, and
Out-
buildings.
Hovel
---
Phiitation
-
--
Field, Building, and
Ditto
-
Field and Rickstead
-
Hovel
-
-
Public Bridge
-
Stack-yard.
Pump
-
--
Pield, Plantation, and
Plantation
Plantation
Field or Paddock
Gardeh
-
Garden
-
Gig-house
-
-
Field
or
Paddock
-
Field or Paddock
-
Aeld
or
Paddock
-
Stable, Cow-house, Yard,
Garden
-
Bridge and Foctroad
-
Orchard.
and Piggery.
Yard
-
--
House,
Barn,Outbuildi
np,
and
Land.
\Vi
I
liam Dennis
-
I
hornas Crosby
Thonins
Peirson
r,
Ditto
-
-
Ditto
-
Martha Dobson
-
Robert Kitching
-
TlioniasBlitchelsoii,
Esq.
William Grayson
-
William Dennis
-
Ditto
- -
Robert Kitching
-
The Constables or Sur-
veyors
of
the High-
ways
for the Town-
ship
of
Pickering.
Thoma~:i\litctielsoti,
Esq.
Hobert Kitching
John
Watson
-
Ditto
-
Ditto
-
Ditto
-
Ditto
-
Ditto
-
Ditto
-
Robert Kitching
John Watson
-
Malthew Hayes
The Surveyors
of
High-
ways for
the
Town-
ship
of
Pickering, and
John Watson.
John Watson
Ditto
Thomas Swaby.
Ditto.
Thonias Rowkrnd.
Joseph
Sealing.
,
Ditto.
1
fthe
County
of
York.
In
hand.
Tlionias Crooby.
John Wright.
Diivid
Holliclar
.
Ditto.
John
Hayes.
In
hand.
Sarah Monkman.
William Grayson.
William Dennis,
Robert Kitching.
Ditto.
-
In
hand.
Robert Kitching.
Hannah Milner.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
In hand.
HannRh Blilner.
William Gra!son.
Hannah Miltier.
Ditto.
Ditto.
2549
Mary
Bird
and Oliver
Bird.
70
&
8"
VICTORIA$
-
.~
__.-
-
Description
of
Property.
Timber Yard
Field
or
Paddock
Dye-home
-
U1;icl;sinitli's Shop, Shed,
and Giirden.
Garden
House, Garden, and Out-
Workshop
-
Con-house and Garden
-
.Joiner's
Shop
-
-
Cartwriglit's Shop and
Piggery
Timber Shed
-
-
Yard
-
School-house and Out-
buildings.
Cart-shed
-
-
Orch
art1
Garden
Field
or
Paddock
Stack-yard
Cowsheds
and
Pi,cgery
-
Dye-liouse
and
Indigo Mill
Gard
en
-
Suminer
House
-
-
Garden
-
Garden, Piggery, and Out-
Honse
and Shop
-
IVarehouse
-
Garden
- -
Private
Road
and Land
-
Public Britlqe and Street
called Bridge Street.
buildings.
Garden.
bui Idi
I
igs.
PiiblicIIoiist.,Urew-house,
Stietl,l'i#stye,Yard, and
Out b
ii
i
I
:I
i
ngs.
Covered P'issage and Yard
House,
Coal-shed,t',issage,
I~ridge,antlOirtbiiiltliii~
House,
Cow-shed, Garden,
and Outbuilding.
House
and
Shop
Stable, Cart-shed, Land,
Passage, and Bridge.
Housc,
L)ye-house,I)yeing
House,
Coal-shed,
Pig-
stye, Yard, Garden,
private
Road,
Passage,
Oiitbuildiog,l3ridge,aiid
L:in
t
I.
Owners
or
reputed
Owners.
The Guardian
of
Samuel
Hartling
Loy
and the
Trustees for Mary
Rolland.
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
-
Ditto
Ditto
-
Hugh
Kirby
-
Ditto
Ditto
-
Ditto
Martlia Dobson
Ditto
-
Ditto
Ditto
-
Mary Bird and Oliver
Bird.
Ditto
Ditto
-
Hugh Kirby
-
Ditto
Ditto
-
-
Ditto
Ditto
Elizabeth Wells
Thc
Justices
for
the
North Riding
of
the
County
of
York,
or
the Surveyors
of
High-
ways
for
the
Township
of
Pickcring.
Mary
Chainpney
-
Lessees
or
reputed
Lessees.
__
Ditto
-
Ditto
Ditto
-
Mary
Bird
and
Oliver
.
~
..
Hird.
__
~.
.
Occupiers.
George Storr and John
Wilson.
George Storr.
John Fletcher.
William
Dobson.
Ditto.
Ditto.
John Wilson.
Ditto.
Ditto.
Ditto.
Williani Dobson.
John
Wilson.
Hugh Kirby.
Josepli Uriggs.
Jonathan Middleton.
Hugh Kirby.
Thoinas
Cooper.
Thomas
Bird.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Hugh
Kirby.
Ditto.
Ditto.
Jonathan Middleton.
Hugh Kirby.
Elizabeth Wells.
-
Thomas
Cooper.
John
Scott, Martha Dob-
son,
and
Thomas
Bird.
Martha Dobson.
John Scot,
Isabella Faucett and
Thoinas Bird.
Thoiiias Bird.
William
Boulton.
[Local.]
28
R
2550
7"
QL
8"
VICTORIAE,
cup.
Ixi.
Description
of
Property.
IVorkshop
Public Bridge and public
Footroad.
House, Barn, Stables,
Gar-
den,
atid
Yard
Hoiise,Brew-liouse,Stnble
Yard, Garden, Sheds,
and Outbuildirigs.
Public-house, Yard,
and
Outbuildings.
House
-
-
Bone-house
-
Covered Passage
and
Stable
Cottage, Yard, and
Out.
building.
House, Yard, Garden,Pas-
sage, and Outbuildings.
House, Yard, Outbuild-
ings,
and
Passage.
Houue, Garden, and Out-
b
U
i
Idi
n
&<.>
House, Garden, Outbuild-
ing,
and
Passage.
Public House, Stables,
Cow-house, Yard, Out-
buildingz, arid covered
Piissage.
Cottage,Garden,
and
Out-
building.
\Varehouses
-
House, Garden, and
Out-
House,Yard,andOiitbuild-
bidding.
ings.
Ditto
House
-
Hoiisr,
Yard, and Out-
buildings.
House
-
House, Garden,
aid
Out-
House, Shop, G'irden,
and
House,
Shop,
Yard,
arid
buildings.
Outbuildirigs.
Hriildings.
Owners
or
reputed Owners.
Jartha Dobson
rhe Constables or the
Surveyors
of
Highways
for the Township
of
Pickering.
lolin
Watsoii
Vicholas King
loshu;i
Priestman junior
and John Hopkitis.
John
Gatre!, Jane
Gatrey, and Elizabeth
Lounesbrougli.
rhomas Bird, Octaviiis
Wa
taon,
Ed
tvd
rtl
Bland,
Robert
Na-
thaniel
Cox,
Thomas
Bointon, Robert
Coultas,
and
Xicliolas
King.
l'honias
Bird, Octarius
\Vatson, Edward
Ulai~I,
Robert
A'a-
thai,iel
Cox,
'rhonus
Bointon, Koberc
Coultas,
2nd Nicholas
King.
Ditto
Robert Coultas
Ditto
-
\\'
i
I1
i
ani
Fle t
ch
e
r
Ditto
Ditto
Ditto
Ditto
David
Siiiitli
-
Ditto
Ditto
-
Williaiu Jackson
Thomas Pierson
as
Mortgagee
in posses-
sion.
Williilnl Jacks011
Thomas
Sow
erby
David Smith
-
Ditto
Lessees
3r
reputed
Lessees.
SeorgeKingstone
Occupiers.
Uartin Goodill.
rllot1ias
Sowerby.
Han
nali
\Vrig
h
t.
Mary
Wardell, Williani
Burton, and Mary
B
U
rton.
Thomas
Bird, Octavius
W;ttson, Edward
Bland,
Nathaniel
Cox,
Thomas Boiuton
Robert Coultas,
and
Nicholas King.
Thomas
Hird, Octavius
Watson,
Edward
Bldnd, Nathaniel
Cox,
Thomas Boiuton,
Robert Coultas,
and
Nicholas King,
and
'l'honins Swnles.
I'homas Swales.
John
Hunter.
Unoccupied.
George Fletcher.
IVilliam Fletcher
jun.
\Yilliam Fletcher.
Jonathan Middleton
and
William Fletcher.
i\.illinni Gosling
Joseph Riidsdale.
George
Criirbutt.
Mary Dobson.
Micllael Swinburn.
Elizabeth Hesp.
Ellen Stockdale.
George Adamson.
David Smith.
John Piercp.
7"
&
8"
VICTORIX,
Cap.
lxi.
255
1
Description
of
Property.
House,
Shop,
Building,
House, Yard, and Build-
Cottage
-
House, Garden, Stables,
Cow-house, Yard,
Land, and Outbuild-
ings.
Yard, and Passage.
ing.
Orchard
-
-
Methodist Chapel
Warehouse, Garden, Pas-
sage, anduOutbuildings.
Garden, Yard, Outbuild-
ing,
and
Land.
Bone-inill, Stables, Coal-
yard, Railway
Yards,
and Buildings.
Railway, Railway Station
Office, Coal-ywd, Out-
biiildings, and Land.
Owners
or
reputed Owners.
Mary Pickering
Ditto
-
Ditto
-
Mary Champney
Ditto
Mary Pickering.
Ditto
-
Robert Coultas
Thomas Bird, Octavius
Watson, Edward
Bland, Robert NH-
thaniel Cox, Tliomas
Hointon, Robert Coul-
tas,
and
NicholasKing.
The
Compatiy
of
Pro-
prietors
of
the Whitby
and
Pickering Rail-
way.
Lessees
or reputed
Lessees.
.
Occupiers.
Mary Pickering.
Unoccupied.
Ann
Key.
Mary Chanipney
and
Tho-
mas Cooper.
Mary
Champney.
Unoccupied.
John Hunter.
Thomas Bird, Octavius
Watson, Edward
Bland, Robert Na-
thaniel
Cox,
Thomas
12ointoi1, Robert Coul-
tai,
and
Nicholas King.
-
In hand.
Parisli
of
WintringJLam, Township
of
Knapton, in the East Riding
of
the County
of
York.
Plantation
Field
and
Gravel Pit
-
Plantation
-
Hovel
-
Land
-
-
Plantation
--
Plantation
John Tindall, Esquire
-
Ditto
-
Ditto
-
James Tindall
Ann
'L'indall
-
Robert Tindall, Esquire
Ditto
-
In hand.
Francis Mook.
In
hand.
Ann Lovell.
Ann Tindall and Robert
Tindall.
In
hand.
Ditto.
Parish
of
West Heslerton,
Toumhip
of
West HeSEerton,
in
the East Riding
of
the County
of
York.
Orchard
House, Garden, Yard,
Garden
-
-
Barn, Stables, Cow-
houses, Cart-sheds,
Piggery, Yards, and
Ou
t
b
ui
Idi
ngs.
Stack-yard, Cart-shed,
and
Piggery.
Cart-shed
-
Field, Cottage, Pasture
-
and Outbuildings.
Barn
and
Hovel
The Honourable Mar-
maduke Langley.
Ditto
-
Ditto
Ditto
-
Ditto
Ditto
Ditto
Mark Foulis, Esquire
-
James Hardy,
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
Francis Wilson, William
Jacksoti, John Hesp,
George Knagp, Wil-
liam Hodgsori, Simpson
Patrick, JemimaMilner,
James Ireland, George
Boyes, James Milner,
John Robson, Richard
Fox,
and Robert Hesp.
Williaui
Cook.
2552
Owners
or reputed Owners.
Description
of
Property.
~
7"
&
8"
VICTOKIAC,
Occupiers.
Lessees
or
reputed Lessees.
---
Cap.
Ixi
.
Parisli
of
Shvburn, Township
of
Sherburn, in the
East
Ridiq
of
tlie County
of
York.
Plantation
-
Matthew Rivis.
The Honourable Marnia-
-
duke Langley.
i
Ditto
--
Ditto
-
Ditto
Ditto
-
Field and Rickstead
Ditto
Plantation
-
Hovel
-
Ditto.
Ditto.
Ditto.
Henry Clarkson.
Robert Brown.
Hannah Forge.
John
Knaggs.
In hand.
Ditto.
Ditto
-
Ditto
Matthew
Rivis
Jane 15owinan
-
The Honourable Rlarrua-
Ditto
duke Lairgley.
Ditto
-
Ditto
-
-
Plantation
-
Ditto
Parish
of
Ganton, Towns?+
of
Potter Brompton, in the
East
Riding
of
the County
of
York.
E'lantation
-
Plantation
Plantation
-
Farni-house, Yard,
Sta-
bles, Barn, Cart-sheds,
Cow-houses, Piggery,
Sheds, and Outbuild-
ings.
Garden
-
Stack-yard
-
-
-
Plantation
-
-
Sir Thomas Digby
Legard, Hart.
Ditto
Ditto
Ditto
-
In hand.
Ditto.
Ditto.
William Keith.
Ditto
Ditto.
Sir
'I'homas
IXgbp Le-
gird, Bart., and Daniel
Otterburn.
I
Daniel Otterburn.
In hand.
Ditto
--
Ditto
-
Ditto
I
Ditto
-1-
Ditto
--
Plantation
-
Inclosiire
Parish
of
Willerby, Township
of
Binnington, in the
East
Biding
of
tlie
County
of
York.
Plantation
--
Ditto
-
Ditto
Ditto
Ditto
-
-
Sir Thomas Digbj-
Legard, Baronet.
Diito
-
Ditto
Ditto
-
Ditto
-
In hand.
Ditto.
Ditto.
Ditto.
Ditto.
Parish
of
Willerby, Township
of
Wllerhy,
in
the East Riding
of
tile
County
of
York.
\Yilliam Joseph Deni-
son, Esquire.
Ditto
The Directors
of
the
RIriston and Yedding-
hani Drainage.
William Joseph Deni-
son, Esquire.
Ditto
-
Ditto
-
In hand.'
Ditto.
Williani Harland
and
Nesfield Ringrose.
In
haild.
Ditto.
Ditto.
Plantation
Ditto
Bridge
-
-
..
Plantation
-
Ditto
-
Ditto
7”
&
8”
VICTORIIE,
Owners Lessees
or
reputed Owncrs. or reputed
Lessecs.
Description
of
Property.
cup.
Ixi.
Occupiers.
2553
ParislL
of
Seamer,
Township
of
Seamer, in
t?Le
North
Riding
of
the
County
of
York.
Gtirden
0ccll~’ation
Llo
Id
Plantation
-
-
Hovel
--
l’iirt.
of
Field and
House
-
Field
and
Hovel
-
-
Diito
Dit
to
Ditto
-
1
)i
1.
to
\Villi;ini
Joseph
Denison,
Esqiiire.
Ditto
Ditto
Ditto
Ditto
Ditto
-
-
Ditto
Ditto
Dii
to
Ditto
Eli
zabe t
Ii
Tii
yl
o
r.
Ditto.
In
hand.
Ditto.
William
IVood.
Thoinas Cooper.
Itichard Hustler.
Henry Sauger I’ennock.
Rebecca
blusharn.
Robert \Vilson.
Parish
of
Scarborozigh,
Townsiiip
of
Falsgrave,
in
tlte
2LTorth Riding
of
the
County
of
York.
Hovel
Field
and
Kicksteacl
-
Hovel
and
Stiick-yard
-
Stable
and
Garden
St ack-ytl
-
Ditto
-
-
Part
of
Field and Building
Hovel and Stack-yard
-
Hovel
-
Mouse, Stack-yard, Gar-
den, Cow-house, Sheds,
and Outbuildings.
Hovel
Stack-yard
Cow
.house, Stack-yard,
and Hovel.
House,
Green-house,
Yard.
Piggery, and
Outbuildings.
Garden
-
Stack-yxd
Ditto
Ditto
Field or Paddock
- -
The
Mayor,
Aldermen,
and
15orgesses
of
tlie
Borougti
of
Sciir-
boroiigh.
Ditto
-
Ditto
-
Ditto
Ditto
-
The
Trustees for the
Poor
of
ScaIly.
\\7illiani Broivn, Thomas
1-1
o
1)
1’
er,
n
nd
Ed
ward
Hopper.
The
Tt
ustees
of
C!iarles
Newt
on.
John
Wliarton,
Esq.
-
Ditto
-
Gawan Peirson
The
Trustees
of
the
Scarborough Granimar
School,
or
the
Master
of
the same
School.
Richard Tinddl
-
John
Williaiiison
Ditto
John Uarrett and Eliza-
beth Bailey.
Ditto
Ditto
Ditto
Tinlothy Hard-
cast
1
e.
Jon
as
Hmi
111
on d
Jonath:rn
Pen-
nock.
’lhomas
Coulson
Ditto
’limothy Hardcastle.
David Allisori
;incl
Wil-
liiioi Allison.
Thoirias
Otterburn.
Jonas Hi~inmond, sublet
Jonathan Pennock.
Representatives
Gf
Tho-
uias
Liddell,
or
Francis
Prince.
to Godfrey
Drake.
In
Iiacd.
\Vi
1
I
ia
m
Newt
(!
n.
Thomas Coulson.
Ditto.
Francis
Etty.
William Merry.
Francis Coulson.
John Williamson.
Ditto.
Thonlas
Wood.
John Anderson.
Thom:is
Wood.
John
Anderson.
28
S-T
7”
&
8”
VICTORIL?E,
Owners
or reputed Owners.
Description
of
Property.
Cup.
Ixi.
Lessees Occupiers.
or
reputed Lessees.
Parish
of
Scarborough,
Township
of
Scarborough,
in
the
North
Riding
of
the
Courity
of
York.
Garden
Con-iioiiw,
C;irt-sherl,
Kridge,
and Yard, late
1i1
t.;irli
\\’U
r
ks.
Stack-yard
Field or
l’addock
Garden
Shed
SiWe
-
Eielc!
or
Piiddock
Stable
Field
or
P,itidock
Si:ti)le
Stable
and
Stnck-yard
-
Hovel
G;trdeij
l-Ioiise,
C;~~nc:ir-liouse,
Sta-
ble,
l’igzery, Yard, and
0
U
tb
U
ildi
116s.
Garden
-
Ditto
I)i!to
Field
or
l’ciddock
-
Hovel
;:ut1
Stack-yard
-
1%
n
ta
t
io
n
-
Con~-houSe
Garden
-
Stnhlr,
Outbuiliiings,
Yard, and Rickstead.
Field or
Paddock
Outhouse and Rickstead
-
Hickstead
-
--
John
IVharton,
Esq.
-
Ditto
-
Ditto
-
Ditto
Elizabetli
Jackson
Ditto
John
hrrett and Eliza-
beth lhile!.
Oitto
Ditto
-
Ditto
Williain IViiliford
lhoinas
Joliri
lkll
-
The
Mayor, Alderinen,
arid Burgesses
ot
the
Horough
of
Scar-
ho
ro
u
g
h.
William
Bcan
Tlloruas
John
Bell
-
Ditto
-
Ditto
-
Ditto
Ditto
-
lhomiis John
Bell
-
13
tti)
Ditto
Ditto
John
Coverley and
Eliza-
beth Covet
It.!.
The
May,
Aldermen,
icnd
Hurgesses
of
the
l%ororigh
of
Scnr-
borough.
John
Cqverley
and
Eli-
zabeth
Coverley.
Ditto
John
Woodall,
Ebq.
-
r7
1
tiomas
John
Hell
-
Margaret \Vatson
-
Ditto
George Knowles
Samiiel
Taylor.
Ditto.
Ditto.
Ditto.
Ihtto.
George
\Valsli;iw.
Jolin
Anderson.
1)
1
t
to.
Ditto.
Thoni:is
\\’ood.
Snniuel
Taylor.
Jon
atli
an
.lbbey
j
u
11.
John
‘I’i
n
dd
I.
George
Knowles.
Ditto.
‘The
Executors
of
Joseph
Jackson.
Thoi:ias
JU~II
Bell,
and
the Executors of Joseph
Jackson.
Ditto.
George Wliiteherrd
-
Peter Murray,
Esq.
Peter Murray, underlet
to
;\Iatthew Watson.
Ditto.
Ditto.
Janies
Bell Tate.
In
hand.
John Cockroft.
\Vi
I
li
ani
13
raven er.
John
Woodall.
Peter Rlurray.
In
haiid.
Ditto.
LONDON
:
Printed by
GEORGE
E.
EYRE
and
ANDREW
SPOTTISWOODE,
Printers to the
Queen’s
most
Excellent Majesty.
1844,
3

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