Edinburgh and Glasgow Railway (Coatbridge Branch) Act 1865

JurisdictionUK Non-devolved
Citation1865 c. cccxxviii
Year1865
ANNO
vrcmmo
OCTAVO
VTCESIMO
NONO
VICT
NB.
Ccy.
cccxxviii.
Ail
Act
to authorize the
Edinbqgh
ancl
GZmgozo
Railway Company to make a Railway
from
Glasgow
to
Coatbridge,
and
a
Junction with the
City
of
Glasgow
Unio12
Railway;
and
for
other
Pur
p
o
se
s.
[sth
Jzdy
1865.1
HEREAS the
Edinbzcrgh
and
Glasgow
Railway Company
is
16
Vict.
were incorporated
by
''
The
Edinburgh
and
Glusgoui
C.
cix.
Railway Consolidation Act,
1852
:"
And whereas it would
be attended with public Advantage if the Company were authorized
to
malie
a
Railway from the City of
Glasgow
to the
Monkland
Railways near
Contbridge,
and a Junction between the said Railway
and
the
City
of
Glasgow
Union
Railway, and also
to
make
a
ncw
Street or
a
Diversion
of
the Strcet called
Hunter
Street
in the said
City: And whereas the Sums authorized to be raised, and which
,
had
on
the Thirty-first Day of
July
Eighteen hundred and sixty-four
heen raised and received by the Company in pursuance of the several
Acts relating
to
their Undertaking, are respectively specified in the
Schedule to this Act annexed: And whereas the Company had
at
the same Date expended for the Purposes
of
the said Acts the Sum
of
Fivc millions seventy-sewn thousand five hundred and ninety-four
Pounds
Seventeen Shillings and Fourpence, and it
is
expedient that
the
Company should be authorized to raise additional Capital
for
the
Purposes of this Act
;
but
these Objects caiinot be effected without
the Authority
of
Parliament:
May
it therefore please Your Majesty
r
T
,,,I
i
FA
/I)
5346
Short
Title.
8
&
9
Vict.
cc.
19.
&
33.,
23
8L
24
Vict.
28”
&
29’
V
IC’i‘O
RIB,
Cap.
cccxxviii.
The
Edinburgh
mid
G‘l(i.~gow
Railway
(
Coatbridge
Bmnch)
Act,
1865.
that it may he enacted; and be it enacted by the Queen’s most
Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in .this present Parlia-
ment assembled, and by the Authority
of
the same,
as
follows
:
1.
This Act
may
be cited for all Purposes
as
The
Edinburgh
and
Glasgow
Railway
(
Coatbridge
Branch) Act, 1865.”
2.
Subject to the Provisions
of
this Act, “The Lands Clauses
Consolidation
(
Scotland)
Act, 1845,”
The Lands Clauses Con-
C.
IO&,
and
solidation Acts Amendment Act,
1860,”
The Railways Clauses
26
&
27
Viet.
Consolidation
(Scotland)
Act, 1845,” and Part First
of
The Rail-
ways Clauses Act, 1863,” relating to Construction of
a
Railway, are
C.
92.
incor-
porated.
incorporated with this Act.
Provisionsof
&
9
Vict.
e.
17.
incor-
porated.
3.
Subject
to
the Provisions of this Act, the Clauses
and
l’ro-
visions of
The Companies Clauses Consolidation
(Scotland)
Act,
1845,”
with respect to the Distribution of the Capital
of
the Com-
pany into Shares, with respect to the Transfer
or
Transmission
of
Shares, with respect
to
the Paynient
of
Subscriptions and the Rleans
of
enforcing the Payment of Calls, with respect to the Forfeiture
of
Shares for Nonpayment
of
Calls, with respect to the Remedies of
Creditors of the Company against the Shareholders, with respect
to the borrowing of Money by the Company on Mortgage or Bond,
with respect, to thc Conversion
of
the borrowed Money into
with respect
to
the Consolidation
of
the Shares into Stock, with
respect to the General Meetings of the Company, and the Exercise
of the Right
of
voting by the Shareholders, and with respect to the
Provision
to
be made for affording Access to the Special Act by all
Parties interested, and Parts First, Second, and Third of
The
1863,”
relating respectively to Cancellation
and Surrender
of
Shares, to additional Capital, and
to
Debenture
Stock, are incorporated with this Act; provided that each Holder
of
new Shares or Stock in the Capital by this Act authorized to
be raised shall
be
entitled
to
the same Number of Votes in respect
thereof
as
the Possession
of
an equal nominal Amount
of
the Capital
authorized by the Acts relating
to
the Company would have conferred
upon him.
lnterpre-
tation
of
Terms.
4.
In this Act the following Expressions shall have the Meanings
The Company
shall mean the
Edinburgh
ancl
Gla~gow
Railway
The Railways” shall mean the Railways by this Act authorized
hereby assigned to them
:
Company
:
to be made and maintained.
Power
to
5.
It
shall be lawful for the Company from Time to Time, in
raise
addi-
tion:bl
ca-
addition to the Capital authorized by thc Acts relating
to
the
Com-
pita1
b~
llew
pany, to raise for the Purposes of this Act any
Sum
not exceeding
Two
Share<.>
28O
&
29"
VICTORIIE,
Calx
cccxxviii.
5347
The
Edinburgh
und
Glasgow Railway
(
Coatbridge
Brairch)
Act,
1SG5.
Two hundred and eighty thousand Pounds
by
the Creation and Issue
of
new Ordinary Shares or new Preference Shares or Stock in their
Undertaking,
&
by the Creation and Issue of new Ordinary ,Shares
and new Preference Shares
or
Stock in their Undertaking, of such
Amounts respectively
as
thc Company may think
fit,
but not
exceeding in the whole the said Sum of Two hundred ant1 eighty
thousand Pounds
:
Provided that the Company shall not issue any
Share created under the Authority of this Act, nor shall any such
Share vest in the Person accepting the same, unless and until
a
Sum
not being
less
than One Fifth Part of'the Amount of such Share shall
have been paid up in respect thereof.
~
-
6.
The Capital to
be
raised by such new Shares or Stock shall
Rights
of
be Part
of
the general Capital of the Company
;
and, except as other-
flolders
Of
wise provided
by
the Special General Meeting
of
the Company which
or
Stock.
shall resolve to create and issue the same, such new Shares
or
Stock
shall confer and impose on the Holders thereof all the Rights and
Privileges, Liabilities and Obligations, which the existing Shares or
Stock of the Company confer and impose on the Holders thereof.
naw
Shares
7.
The '4mount of each Call which the Company may make upon
Rlnount
and
each Shareholder shall not exceed One Tenth Part of the Amount
Interval
of
of
the new Shares held by him, and successive Calls shall not
be
made at
a
less
Interval than Two Months, and the aggregate
Amount of Calls made in any One Year shall not exceed One Half
of
the Amount of such new
h
51
lares.
Cdls.
8.
The Holders of any Preferential Shares or Stock which
may
Dividendson
be
created and issued by the Company under the Authority of this
~~~~~~i~~
Act shall be entitled
to
the Preferential Dividend assigned thereto
paid
out
of
out of the Profits of each Half Year ending on the Thirty-first
Day
the
Pmfits
of
of
January
or the Thirty-first Day
of
July.
each
Half
Year.
9.
If by any other Act or Acts passed
in
the present Session
of
Capital
un-
Parliament, and whether before or after the passing of this Act, the
der
several
Acts
may
hc
Company are authorized to raise any Capital by new Shares or Stock,
raised
hy
then, subject to the Provisions
of
such other Act
or
Acts and this
Shares
Stock
of
or
One
,\rt
respectively, the Company may, if' they think
fit,
raise by the
Creation
and
Issue
of
Shares or Stock
of
One
and
the same Class all
or
any Part
of'
thc aggregate Capital which they are by such other
Act or Acts and this Act respectively authorized
to
raise by the
Creation and
Issue
of Shares
or
Stock.
10.
After the said additional Capital of
Two
hundred and eighty
Power
to
thousand Pounds shali have been subscribed for, and One
Half
thereof
~~~~~~~~
shall have been paid up, it shall
be
lawful for the Compaiiy
iioiii
T'imc
to
Time
to
borrow, and
if
paid up to re-borrow, on Mortgage
cil
their
Uudcrtal~iiig,
ally
Sitiii
iiot
cxcecding
Niiicly-three
thousand
Pounds,
28"
&
29"
VICTORI&,
Capcccxxviii.
Priority
of
exis
ting
Mortgages.
Debt
may
be
funded.
Debenture
Stock.
Application
of
Money
raised.
Power to
take
Lands
and
make
Works.
The
Edinburgh and Glasgow
Railway
(
Coatbridge
Branch)
Act,
1865.
Pounds, in addition to the Sunis authorized to be borrowed by the
Acts relating to the Company; hut no Part
of
such Sum shall
be
borrowed until the Company
shall
have proved to the Sheriff
wbo
is
to
certify under the Forty-second Section of
"
The Companies
Clauses Consolidation
(Scotland)
Act,
1845,"
that Shares for the
whole of such additional Capital are issued, and that not less than
Twenty per
Centurn
has been paid on account of each separate Share
before or
at
the Issue thereof, and that such Shares are
6ond$de
held
by
the Subscribers,
or
their Executors, Administrators, or Assignees,
and that such Subscribers, or their Executors, Administrators, or
Assignees, are legally liable for the same.
~
~-
~
~
__
11.
The Mortgages and Bonds granted
by
the Company before
the passing of this Act under the Authority
of
the Acts relating
to
the Company, or any
of
them, shall during their Subsistence have
Priority over any Mortgage to
be
granted
by
the Company under
the Authority of this Act.
12.
The Company may fund the whole
or
any Part
of
the Sums
by
this Act authorized
to
be
raised on Mortgage under the Powers
and Provisions, and with the Rights and Privileges, and subject to
the Restrictions and Conditions, which are contained in Sections
Twenty to Twenty-eight, both inclusive,
of
''
The
1852."
13.
The Company may create and issue Debenture Stock.
14.
The whole
Sums
by this Act authorized to be raked by the
Creation
of
new Shares or
by
borrowing shall be applied in de-
fraying the Expense of'the Works to be executed and the Lands
to
be
acquired under
the
Authority
of
this Act, and in carrying into effect
the Purposes of this Act, and
to
no other Purpose whatsoever.
15.
And whereas Plans and Sections describing the Lines
and
Levels of the intended Railways, and new or diverted Street,
and
the Lands to be taken for the Purposes thereof, with
a
Book
of
Reference
to
such Plans containing the Names
of
the Owners or
reputed Owners, Lessees or reputed Lessees,
and
Occupiers of such
Lands, have been depcsited with the Principal Sheriff Clerk of the
County of
Lunark:
It
shall be lawful for the Company, with the
Powers and subject to the Provisions contained in this Act and
the
Acts incorporated herewith,
to
enter upon, take, and use for the
Purposes before specified the Lands described on the said Plans and
in
the said Book of Reference, or such of them or such Portions
thereof
as
they
inay
deem necessary, and to make and maintain
the Railways and Street by this Act authorized, and
all
necessary
Stations, Works, and Conveniences connected therexith, in the Lines
and
on
the Levels described
011
the said Plans and Sections.
16.
The
28"
&
29"
VICTORIIE,
Cap.cccsxviii.
74
1
5349
Old
Nonkland
-
Public
Road
-
I
1
in
10
on
one
1
Side
and
level
on
the
other.
53.50
Span
of
Bridges.
73
91
28"
&
29"
VI
CTO
II
IAE,
Capcccxxviii.
I
Shettleston
-
-
I
Public
Road
-
1
20
Feet.
30
Feet.
Sliettleston
-
-1
-
i
Public
Road
the
Edinburgh
and
Glasgow
Railway
(Coatbridge
Branch)-
Act,
1865.
21.
The Company may make the Span of the Arches of
the
-_
-
~
Bridges of the following Roads
of
the Dimensions after mentioned
:
Parish. ~
Description.
1
span.
I
Number
on
Plan.
I
As
tospanof
22.
The Span of the Arch of the Bridge for carrying the Railway
Over
first
above described over the Turnpike Road numbered
40
in the
Glasgow
and
ShottsTurii-
Barony
Parish
of
Glasgow
shall be of such Dimensions
as
not to
pike
Road.
Power
to
deviate.
Period
for
completing
Works.
As
to
Com-
nletion
and
lessen-the Width
of
the
said
Road at the Point of crossing, and it
shall not
be
lawful for the Company to lessen the Width of the said
Road at
or
in connexion with the said Crossing.
23.
In constructing
the
Railways and Street
by
this Act autho-
rized it shall be lawful for the Company to make lateral Deviations
from the Lines described on the said deposited Plans
to
any Extent
not exceeding the Limits of Deviation marked. thereon, and
to
make
vertical Deviations from the Levels shown
on
the
said
deposited
Sections
to
any Extent not exceeding Five Feet.
24.
The Railways and Street by this Act authorized shall
be
completed and opened for public Traffic within
Four
Years from thc
passing
of
this Act.
25.
The Street by this Act authorized shall be constructed
of
the
Width of Fifty Feet, and the arch of the Bridge for carrying the
said
Maintenance
ofne-wstreet.
Street under the
Ci&
of
Glasgow
Union
Railway
shall
be Sixty Feet
of Span and Eighteen Feet of clear Headway throughout its whole
Width, and the said Street shall be paved, flagged, sewered, and
completed, by and at the Expense
of
the Company,
to
the Satisfaction
of the Board of Police
of
Glasgow,
or in case of Dispute to the
Satisfaction
of
a
Road Surveyor
to
be appointed, on the Application
of
the said Board or
of
the Company, by the Sheriff of the County
of
LarLark,
and on its Completion shall vest in and be accepted by
the said Board as a public Street, and shall be managed
and
main-
tained
by
them accordingly
;
and it shall be lawful for the Company,
at any Time after such Completion,
to
stop
up
and appropriate
so
much
of
the present Line of
Hunter
Street
as
is situate between the
Northern Limit of Deviation of the Railway second above described
marked on the said deposited Plans and a Line Ten Yards South
of
the Centre Line of that Railway.
Company
io
1.f?pnrc
Strcct.,
&is.
26.
The Company shall be bound
to
repave, restore, and
tlieie-
after maintain for
a
Period
of
Twelvc Months,
to
the Satisfaction
of'
thc
J1a3ter
of
\lio~lis,
any
Portion
of'
aiiy
public
Street ~iitliin
the
City
28”
&
29”
VIC’I’OKIA3,
Cap.cccxxviii.
~
~-
~ ~ ~~
The
Edinburgh
und
Glasgow
liailwny
(Coathidge
Bmnch)
Act,
1SGli.
City
of
Glnsgou:
which may be injured or interfered with
by
the
Works hereby authorized, and failing their
so
restoring, repaving, and
maintaining as aforesaid, the Board shall be entitled
to
execute all
Works necessary therefor at the Expense of the Company
;
and when
the Level of any public Street is altered, the Board shall be entitled,
at
the Expense
of
the Company, to alter the Level
of
the adjacent
Portion of the Street,
so
that the Gradients thereof shall be
as
little
injuriously affected
as
possible
;
and an Account or Accounts, to
be
from Time to Time certified
by
the Master of Works, shall
be
Evidence
of
the Execution of the Works, and the Cost thereof, and
the Amount
of
the said Account
or
Accounts shall be
a
Debt or
Debts due by the Company to the Board.
~~
~~~
____~
27.
The said new Street shall be formed at such Levels and
Provi,.
as
with such Gradients as the Master
of
Works shall direct, not being
to
Construe-
inconsistent with the Execution of the Works hereby authorized, and
Street.
being within the Powers of the Company, and if any Question (save
as
to
Levels and Gradients) arise
as
to
the Construction
of
such
Street, the same shali be settled and determined by the Engineer
of
the Company and the Mixter of Works, or
by
an Engineer or
Architect to be named by them, or if they do not within One Calendar
Month from the Difference between them arising agree
in
such
Nomination, then to be named, on the Application of either of them,
by the Sheriff of the County of
Lanark
for the Time being, and the
said
Street when formed and completed shall be
a
public Street within
the Meaning
of
‘‘
The
1862.”
tiori
of
new
28.
Nothing in this Act contained shall confer on the Company
Saving
any Right
of
Property or other Right in any Street or Streets und&
Rig11ts
Of
the Jurisdiction and Control of the Board of Police of
Glasgow,
except
Streets
of
for the Purpose of making, maintaining, and using the Railways subject
Glasgow.
to the Provisions
of
this Act.
Property in
29.
Nothing in this Act contained, except
so
far
as
concerns the
T\’ot to
affect
Construction and Use
of
the Railways, shall affect, alter,
or
interfere
~’~)~~~~,O,f
with
(‘
The
GZasgow
Police Act,
1862,”
or the Enactments, Powers, and
c.
cciv.
Provisions therein conta,ined, or the Byelaws made or
to
be
made
under the Authority thereof, in relation to the Management and due
Regulation
of
the Streets
of
the City
of
Glasgou7,
the Traffic thereon,
or otherwise,
or
the Construction, Repair, Maintenance, and Cleansing
of
Sewers within the said City.
30.
The Company shall, simultaneously with the Completion
of
the
Footway
to
Railways, construct
a
good and sufiicient Footway over
the
Railways,
and under the Line of the
City
of
Glasgozo
Union
Railwaj, hm7ing
a
Iiailwnys.
Width
of
not
less
than Sixteen Feet clear, and
a
Headway
under the
said
5352
28’
&
29”
VICTOHIlE,
Cup.cccxxviii.
The
Bdinburgh
and
Glasgow
Railway
(
Coatbridge
Branch)
Act,
1865.
said
City
of
Glasgow
Union
Railway
of
not less than Seven Feet,
so
as to connect the North and South Ends
of
Hunter Street,
in
so
far as disconnected by the Works hereby authorized, and shall
maintain the said Footway thereafter in good and sufficient Repair,
and
so
far
as
the same passes under the
City
?f
Glasgow
Union
Railway the Company shall at all Times keep the same well and
sufficiently lighted.
~-
___.~
~ ~~ ~
--
Company
to
form
an
Sewer.
31.
The Company shall be bound to form an intercepting Sewer
of
sufficient Dimensions on the North Side of the Railway first above
described, and shall by mcans
of
such Sewer carry the Drainage
of‘
the District lying
to
the North
of
the said Railway into the existing
Outlets, and shall maintain the said Sewer in good Order and Repair
in
all
Time coming
;
and in the event
of
any Dispute between the
Company and the Board
of
Police of
Gktsgow
with respect to the
Course or Dimensions of the said Sewer or the Outlets thereof, or
otherwise in relation thereto, the same shall be fixed and determined
by an Arbiter to be appointed
by
the Sheriff
of
the County
of
Lanark,
on the Application
of
the Company or the said Board
of
Police.
intercepting
protection
to
Cnttk
Market.
32,
Notwithstanding anything in this or the recited Acts contained,
in constructing the llnilway
first
above described the Company shall
be bound
to
fkrrn the same in Tunnel fioni the East Side of
Belgrove
St?-eet,
through thc Cattle Market, to a Point Thirty Yards to the
West
of
the Western Side of
Moore Street,
and shall execute the Works
at
the Sight and to the Satisfaction
of
the Architect
of
the Market
for the Time being, and shall construct the same in suchLengths and
Portions as may be agreed on by the Engineer
of
the Company
for
the Time being and the said Architect,
so
as
to
occasion as little
Interruption as possible to the carrying on
of
the Market; and in
case of any Difference
of
Opinion arising between the said Engineer
and the
said
Architect, such Difference shall be settled by an
Arbitrator
to
be appointed by thcm,
or,
failing their agreeing in such
Appointment, by an Arhitrator
to
be appointed
by
the Sheriff of the
County
of
Lamrlc,
on the Application
of
the Company or of the
Trustees
of
the said Market.
AS
to
Con-
33.
Inasmuch
as
the
Railway
Number
1.
hereby authorized is
lhilway
struction
of
proposed
to
be made through Property belonging to
John
T/~onason,
tilrougtl
Potter in
Glusgow,
and
would,
if‘ constructed
as
delineated on the
l’ropert~’
of
deposited Plans, pass through
a
Bed
of
Clay
at
present being worked
hlr.
John
Tllomson.
by the said
John
Thoinson
:
Therefore, notwithstanding anything
contained in this Act or any
of
the Acts herein referred to or
incorporated herewith, the following Provisions for the Protection
of
the said
9blm
Thomon
shall
be
binding
on
the Company and
all
28"
&
29"
VICTORIB,
Cup.cccuxviii.
5353
The
Edinburgh
and
Glasgow
RadwuJj
(
Coatbridge
Branch)
Act,
1865.
all other Parties, and
full
Effect shall be given thereto; (that is to
First, the Railway Number
1.
shall not be made in the Line shown
on the deposited Plan in
so
far
as
the same passes through
the Property
of
the said
John
Thomson,
but
shall only
be
made to the South of the Line coloured Red on a Copy of
the deposited Plan signed by
Artltzir
Mills
Esquire, Member
of
Parliament, the Chairman
of
the Select Conimittee of the
House of Commons to which this Bill
was
referred, and depo-
sited in the Private
Bill
Office
of
the House
of
Commons,
and which Line is niarliccl
"
North Boundary of Railway,"
so
that the Northern Boundary
of
the said Railway shall not
be further North than the
said
Red Line
in
any Part of the
Ground belonging to the said
Joh
Tl~o~~zso?~
.-
Second, if in the Construction
of
the said Railway any Clay shall
be found to the South of the said Red Line and
to
the West of
Sword
Street,
within the said
John
Thornson's
Ground, the
Coinpany shall carefully remove it, free from all Mixture of
Earth or other Materials, and place the same on any Site which
may
be
selected by the said
John
Tho?nson
convenient to his
Works
;
and the Company shall, while the said Clay remains
deposited on such Site, pay to the said
John
Thonzson
reasonable
Rent and Compensation for the Ground
to
bc
thereby occupied
until it
is
worked
up
in the ordinary Course of Business
:
Third, the
said
Clay shall be the
sole
Property
of
the said
John
Thornson,
and the Company shall not be entitled to make any
Charge in respect thereof:
Fourth,
if
the Company take
and
acquire, for Sidings, Stations,
or other Purposes hereby authorized, any Ground within the
Limits of Deviation belonging
to
the said
John
Tlzomson
to
the South
of
the Railway
so
to be constructed, and to the West
of the West Side of
SwouZ
Street,
the Company shall be bound
to take it
so
that
it
shall be bounded on the South
by
a
Line
parallel or nearly
so
to the Railway, and continuous
from
Sword
Street
on
the East Westward along the whole
of
the
said
John
Thornson's
Property; and the said
John
Thornson
shall be bound to sell to the Company any Portion
of
the
Ground belonging to
him
South of the Limits
of
Deviation
and
West
of
Sword
Street
which the Company
may
require
:
Fifth, the Company shall not be entitled to take, without the
Consent
of
the said
John
Thomson,
any Ground belonging
to
him to the East
of
Sword
Street,
except what
is
necessary
for the Formation
of
the Railway or for Connexions with the
Station and Sidings, and the Power to take such Ground shall
not be exercised with respect to any Ground Southward
of
the
Line marked
on
the
said
Plan
"
Boundary
of
Sidings."
[Local.]
59
E
34.
The
say,
)
28’
&
29”
VICTORIB,
Capcccxxviii.
The
Bdinburgh
and
Glasgow
Railway
(
Coatbridye
Branch)
Act,
1865.
___~
~~~
5354
-~
-
~
~~-
~
-~~
~ ~~~~~~~
-
-
~____
Provisionfor
34.
The Works necessary for carrying the Railway first above
:::!’%!!&
described across the Canals, Railway, and Property of the Company
and
Clyde
of Proprietors of the
Forth
and
Clyde
Navigation (herein-after called
Corn-
the Canal Company) shall be constructed and maintained subject
to
paq.
and in accordance with the following Provisions and Conditions, and
unless with the previous Consent in Writing of the Canal Company
under their Common Seal, not otherwise
;
that is to say,
First, the Railway shall, for
a
Distance
of
at least Ninety Feet on
each Side of the
Drumpeller
Railway at the Point of crossing
the same, be constructed wholly
on
the South Side
of
the Burn
numbered on the deposited Plans in the Parish of
Old
Monkland
:
Second, the Railway shall be carried under the
Drumpedler
Railway by means
of
an Arch or Opening
so
constructed as to
admit of the Canal Company substituting an Embankment for
the present Viaduct of that Railway
:
Third, the Railway shall be carried across the Canal and Towing-
path near
Cuiltdl
Bridge
by an Opening
of
the clear Width
of not less than Sixty Feet on the Square, and of the Height
of
not less than Nine Feet throughout the entire Width
of
that
Opening
:
Fourth, the Railway shall be carried across the
Hornock
Branch
Canal and Towing-path by an Opening of the clear Width
of
not
less than Fifty Feet on the Square, and of the Height of not less
than Nine Feet throughout the entire Width
of
that Opening
:
Fifth, the Works shall be executed and maintained under the
Superintendence and to the reasonable Satisfaction
in
all respects
of the Engineer for the Time being of the Canal Company,
subject
to
Arbitration, as herein-after provided
:
Sixth, the Canal Company may recover from the Company full
Compensation for any
Loss
or Inconvenience sustained
by
them
by reason
of
any Interference with their Canals or Railway,
or
by reason of any Obstruction or Interruption to their Traffic
occasioned by the Company in the Exercise of the Powers of
this Act:
Seventh, nothing
in
this Act contained shall be deemed to
authorize the Company to take or enter upon any Lands or
Property of the Canal Company, or to alter or interfere with
any Part
of
the Undertaking
of
that Company, further or other-
wise than
is
necessary for making and maintaining the Railway as
authorized by this ‘4ct
:
Eighth, any Difference which
may
arise between the Company and
the Canal Company as to the Mode
of
giving Effect to the fore-
going Provisions of this Enactment, or otherwise in relation thereto,
shall be settled and determined by Arbitration in the Manner
prescribed by
‘‘
1859.”
35.
Whereas
28"
Kr
29"
VICTORI&,
Cap.
cccxxviii.
5355
~ ~~~~~ ~
-
The
Edinburgh
and
Glasgow
Railwuy
(
Coatbridge
Brunch)
Act,
1865.
~~~~
-
__
~ ~~~
-
~
35.
Whereas the Mains and Pipes
of
the Commissioners acting
Provision
for
under
''
The
Glasgow
Corporation Waterworks Act,
1555,"
(herein-
the
tion
Frotec-
of
Mains
aft,er called
''
the Water Commissioners,") are laid along
Hill
Street
and pipes
of
and
Bellgrove
Street,
and other Roads and Streets within the Limits
Glasgow
Corporation
of
the said Act, which will be crossed or interfered with by the
Railways and other Works by this Act authorized, and
it
may be
Commission-
necessary for the Purposes
of
this
Act
to interfere with the said
ers.
Mains and Pipes, and it is expedient that Provision be made for
preventing Injury or Damage to the Works of the Water Cornmis-
sioners, or any Interruption
of
the Supply
of
Water to the Inhabitants
:
The Company, in addition to and notwithstanding anything
in
"
The
Railways Clauses Consolidation
(Scotland)
Act,
1845,"
contained,
before proceeding to break up the Soil or the Surface of the Roads
or
Streets for the Purpose
of
constructing the Railways within Ten
Yards on either Side
of
the Mains or Pipes of the Water Commis-
sioners
at
the Points
of
crossing, or to construct any Works which
will
interfere with or affect the said Mains or Pipes, shall submit to
the Water Cornmissioners Plans and Sections, Working Drawings
and Specifications, showing the Manner in which the Railways and
Works
are to be executed at the said Points
of
crossing respectively,
which Plans and Works shall include all Beams, Girders, Troughs,
Culverts, and Masonry necessary
for
conveying, supporting, and
protecting the existing Mains or Pipes of the Water Comniissioners
;
and any additional Pipes which may be laid by the Water Commis-
sioners under the Powers
of
their existing Acts, together with all
Scour Pipes and Air Valves rendered necessary by the Operations
of'
the Company, and
also
the Means, where any are required, of
suppoi ting, diverting,
or
protecting the Pipes during the Operations
of
the Company, which Plans and Sections the Engineer for the
Time being of the Commissioners shall have Fourteen Days to con-
sider and approve
of
previous to the Works of the Company being
commenced within the said Limit
of
Ten Yards; and in the event
of
Difference of Opinion between the said Engineer and the Engineer
of
the Company such Difference shall be settled by an Engineer to
be
appointed by the Sheriff
of
the County of
Lanark,
on
the Appli-
cation
of
either
of
the said Parties, and to be paid by the Company
;
and the Operations
of
the Company shall
be
executed, by or
at
the
Expense of the Company, to the Satisfaction
of
the Engineer
of
the
Water Commissioners, or, in case
of
Difference,
to
the Satisfaction
of
the Engineer appointed by the said Sheriff.
36.
If
at
any Time any Accident shall occur to the Mains and
Commis-
Pipes belonging
to
the Water Commissioners at or near any
of
the
said
Points
of
crossing, it shall be lawful for the Water Commis-
dents
to
sioners immediately to repair the said Mains
or
Pipes
:
Provided
PW
always, that the Water Commissioners shall, either before or as soon
as
5356
28"
&
29"
VICTORIE,
Cap.
cccxxviii.
The
Edinbuygh
and
Glasgow
Railway (Coatbridge Branch)
Act,
1865.
as practicable after the Commencement of such Repair, give Notice
thereof to the Company; provided also, that it shall be lawful for
the Company, on the Occurrence of any such Accident,
to
repair any
Damage that may be thereby caused to the Railways,
so
far
as
the
same can be repaired without interrupting the Repair
of
the said
Mains
or
Pipes.
~
Damage
arising from
Accidents.
Company
liable
for
Damage
to
Pipes.
Commis-
bioners may
lay
additional
Pipes.
Commission-
liable
for
37.
The Water Commissioners shall not be liable for any
Loss
*lot
to
be
or Damage which may happen to the Railways or Works connected
therewith, or
to
the Rolling Stock used or to the Passengers
or
Goods conveyed upon the Railways,
by
reason
of
any Accident
which may at any Time happen to the said Mains or Pipes at or
near the said Points of crossing, nor for any
Loss
or Damage to
the Company arising from the Stoppage or
Loss
of
Traffic on the
Railways during the Repair
of
the said Mains or Pipes which may
be necessary in consequence of such Accident.
38.
The Company shall be liable to the Water Commissioners
for any Daniane direct or consequential, which may arise from Injury
to the said Mains or Pipes, laid or which may
be
laid, in virtue
of
Authority to do
so,
in the Construction
of
the Railways and Works
connected therewith, or by reason
of
the
Traffic
conveyed thereon,
and the working
of
the same, after the Railways and Works shall
have been completed, except
in
so
far as such Damage shall arise
from some unavoidable Cause, and could not have been prevented by
the Company.
3.'
39.
Nothing in this Act contained shall prevent the Water Com-
missioners from laying from Time to Time, as they think proper,
additional Pipes in the Roads and Streets crossed
by
the Railways,
so
far as they are authorized
so
to do, but the Water Commissioners
shall give to the Company Twenty-one Days Notice in Writing
before interfering with any
of
the Works
of
the Company; and the
Commissioners shall lay such additional Pipes with
all
reasonable
Despatch, and
so
as to prevent
as
far as possible Interruption
to
the
Traffic on the Railways during the laying of such additional Pipes
:
Provided that the Works necessary for laying such additional Pipes
by
the
Water
Commissioners
at
the said Points
of
crossing respec-
tively, and the Works necessary to secure the Railways and the
Traffic thereon from Damage or Interruption as aforesaid, shall be
made and completed according to
a
Plan to be approved
of
pre-
viously to the Commencement
of
any such Works
by
the Engineers
for the The being
of
the Water Commissioners and of the Com-
pany respectively, or, in case of Difference between them, according
to
a
Plan to be approved of previously to the Commencement
of
any
such
Works
by
an Engineer to bc appointed
by
the Sheriff
of
28"
&
29'
VICTORIAC,
Cap.cccxxviii.
5357
~~
-_____
~-
~
The
Edinburgh
and
Glasgow
Railway-(Coatbridge
Branch)
Act,
1865.
of the County
of
Lanark,
on the Application
of
either of the said
Parties.
______
~__
-
40.
In the cvent of the Company altering or interfering wtih
As
Covering
tothe
of
the Surface
of
any Road or Street not herein specially mentioned,
in which any Mains or Pipes of the Water Commissioners are
or
Pipes.
may be laid, the Company shall be bound to leave not less than
Three Feet of Covering from the Surfxe
of
the Road or Street
over every Main or Pipe
so
altered or interfered with, or
to
make
such other Provision for tlie Protection
of
such Mains or Pipes from
heavy Traffic and from the Effects
of
Frost
as
may be agreed on by
the Engineers
of
the Water Commissioners and of the Company,
or, in case
of
Diff'erence between them,
as
shall be directed by an
Engineer to be appointed by the Sheriff
of
the County
of
Lancxrk,
on the Application of either of the said Parties.
rtlld
41.
And whereas the said Railway or
a
Part thereof is intended
Provision
to
pass
through or into tlie College
of
GZa.qgow
and the Lands
~o~~~~~f
connected therewith, or a Portion thereof,
as
marked and described
Glasgow
on the said deposited Plaiis and Book
of'
Reference
:
And whereas
and
h~ds
connected
the said College and the whole Lands connected therewith have
therewith.
been sold
to
the
Ci&
of
Glasgow
&ion
Railway Company, and
are to be taken and acquired
by
them, for the Price and on the
Terms and Conditions specified in
a
Deed of Agreement between
the Senatus Academicus of the University of
Glasgow
and the
Principal and Professors of the said Univcrsity and College on the
First Part, and the Promoters of the said
City
cf
Glasgow
Union
Railway Company on the Second Part, dated the Twenty-fourth
Day
of
Mny
Eighteen hundred and sixty-four, which
was
ratified
and confirmed by the Fifty-third Section of the
"
Ci&
of
Glasgow
Union
Railway Act,
1564
:
"
Therefore, notwithstanding anything
in
this
Act contained,
the
Company shall not enter upon, take,
acquire, or use the said College and the Lands connected therewitlr,
or
any
Part thereof, otherwise than from and by Agreement with
the said
Cify
of
Glasgow
i5'nion
Railway Company, nor except upon
the Terms
of
Payment
of
the full Price for the said College and
Lands stipulated in the said Deed of Agreement, and
of
fulfilling
the other Conditions and Provisions of that Deed.
42.
Whereas, in the event of the Company taking
any
Part
of
~rovision
as
tlie Property
of
the Barracks at
Glasgow,
Her Majesty's Principal
to
Barracks
Secretary of State requires
of
the Company that they should
purchase the said Barracks, and that the Purchase Money thereof
should be appropriated to or towards
the
Purchase of another Site
and the Erection of Barracks thercon
:
Be it therefore enacted, That
in the said Event the
Compacy
shall purchase the said Barracks,
[Local.]
59
P
and
at
Glasgow.
5358
28”
&
29”
VICTORILE,
Cap.cccxxviii.
-
-
-
-
The
Bdinburgh
and
Glasgow
Railway
(
Coutbridge
B./aanch)
Act,
1865.
and the said Principal Secretary shall, under the Powers of “The
1842,”
acquire
a
Site for Barracks anywhere within
Ten Miles from the Site
of
the present Barracks, and the Company
shall, upon the Direction and Request
of
the said Principal Secretary,
pay and apply the Purchase Money
of
the present Barracks in
or
towards Payment of the Site
so
acquired by the
said
Principal
Secretary, and in or towards the Erection of new Barracks, according
to the Plans and Specifications prepared and adopted
by
the said
Principal Secretary
:
Provided always, that Possession shall not
be required
by
the Company of the Site of the present Barracks,
save and except
as
to such Part thereof
as
is shown
on
the said
deposited Plans, until the new Barracks shall have been finished and
are
fit
for Occupation
;
but the said Principal Secretary shall pay,
as Compensation for the Use of the Portion
of
the said Barracks
not taken possession of by the Company,
a
Sum equivalent to
Interest
at
the Rate of Four per
Cenfum
on the Proportion of the
Price corresponding to such Portion.
_._~__________~~
~
____
Regulating
City Manure.
43.
From and after the passing
of
this Act the Company shall,
notwithstanding anything in
any
of
the Acts relating
to
the
Com-
pany, he entitled to demand and charge for the Conveyance of City
Manure, as defined in the
1862,”
on all or
any Portion of their Railways, only the Tolls, Rates, and Charges
following; that is to say,
a
Sum not exceeding One Halfpenny
per
Ton per Mile, and if conveyed in Waggons belonging
to
the
Com-
pany, an additional Sum
of
One Penny per Ton
per
Mile
;
provided
that for a less Distance than Twelve Miles the Charge shall be
as
for Twelve Miles, and that the Company shall not be bound
to
convey such Manure except in Trainloads of not less than Fifteen
Waggons.
for
Penalty if
44.
If the Railways shall not be completed and opened for public
Railw~snot
Traffic within Four Years frotri
the
passiiig
of
this Act, the Company
completed
,,,ithi,,
the
shall be liable
to
a
Penalty
of
Fifty Pounds per
Day,
to be recovered
Period
as
a
Debt due to the Crown,
for
every Day after the Expiration of
limited*
the said Period until the Railways shall
he
completed and opened
for public Traffic; but no Penalty shall accrue in respect of
any
Time during which it shall appear by
a
Certificate
to
be obtained
firom the Board
of
Trade that the Company were prevented from
completing
or
opening the Railways by unforeseen Accident,
or
Circumstances beyond their Control, but the Want of sutlicient Funds
shall not
be
held to be
a
Circumstance beyond the Control of the
Company.
45.
The Railways by this Act authorized sliall
form
Part
of
the
Railways
to
form
Part
of
Undertaking
Undertaking
of
the Company
for
all Purposes whatsoever
;
and
the
of
Company.
Company
28”
&
29”
VICTORIE,
Cup.
cccxxviii. ~_~_
-
-.
The
Edinburgh
and
Glasgow
Railwuy (Coatbridge
Branch)
Act,
1865.
Company may demand and recover for the Use of the Railways, and
the Conveyance thereon of Passengers, Animals, Goods, Articles,
Matters, and Things, any
Tolls
and Charges not exceeding the Tolls
and Charges by the recited Act authorized
to
be levied on their Main
Line between
EclinBu~g-h
and
Glasgow
;
and the Provisions
of‘
the
recited Act with respect to the said Tolls and Charges to be levied
on
their Main Line shall be applicable to the Tolls and Charges
to
be levied on and for the Use of the Railways by this Act authorized,
as
if the same had formed Part of the Undertaking of the Company
described in the recited Act.
~~
-
~
46.
It
shall not be lawful for the Company, out
of
any Money by
Interest not
this Act or any other Acts relating to the Company authorized
to
~&~~~f~~
be raised by Calls in respect of Shares, or by the Exercise of any
Power of borrowing,
to
pay to any Shareholder any Interest
or
Dividend on the Amount of the Calls made in respect of the Shares
held by him in the Capital by this Act authorized to be raised;
provided that nothing herein contained shall be deemed to prevent
the Company from paying to any Shareholder such Interest on
Money advanced by him beyond the Amount of the Calls actually
made as shall
be
in conformity with the Provisions in “The Corn-
panies Clauses Consolidation
(Xcotland)
Act,
1845,”
in that Behalf
contained.
47.
It shall not be lawful for the Company, out of any Money
by
Deposits
for
future
Bills
this Act or any other Acts relating to the Company authorized to
nottobepaid
be raised
for
the Purposes of such Act or Acts, to pay or deposit
out
of Ca-
any Sum of Money which,
by
any Standing Order of either House
pital*
of
Parliament in force for the Time being, may be required
to
be
deposited in respect of any Application
to
Parliament for the Purpose
of
obtaining an Act authorizing the Company to construct any
Railway, or execute any other Work
or
Undertaking.
48.
Nothing herein contained shall be deemed or construed to
Railwaysnot
exempt the Railways by this Act or the recited Act authorized
to
be
~o~{.P~~~
made
from
the Provisioiis of any General Act relating
to
Railways
present
and
now in force or which may hereafter pass during this or any future
future
Gene-
Session of Parliament, or from any future Kevision and
AI
teration,
under the Authority
of
Parliament,
of
the maximum Rates of Fares
and Charges authorized by the recited Act or this Act.
ral
Acts.
49.
The Expenses
of
applying for and obtaining this Act and
Expenses
of
Act.
incidental thereto shall be paid by the Company.
SC
El
E-
5360
Acts.
28"
&
29"
VICTORIE,
Authorized to be
raised on Loan and
converted into
I
at
3p;6J;1y
1
funded Debt at
~
funded Debt.
Converted into Not borrowed
at
3lst
July
On
Loan
31st
July
1S64.
18ti4.
Cup.
cccxxviii.
0
0
'
1,028,871 3
0
; ;
'}
39,947
0
4
0
0
359,130 10
5
0 0
I
59,680
0
0
00-
0
0
1
5,000
0 0
0
01-
------A--
The
Edinburgh
and
Glasgow
Railway
(Coatbridge
Branch)
Act,
1565.
82,340
.'
-
-
--
--
SCHEDULE
referred
to
in
this
Act.
-~
PART
I.
Share Capital under existing
Acts.
Capital anthorized
to
be raised.
Acts.
15 Vict. c. 109.
-
16
&
17
Vict.
c'.
151.
18
&
19 Vict.
c.
15s.
18
&
19 Vict. c. 190.
21
85
24
&
25 Vict.
U.
248.
84.
-
-
25
&
26 Vict. c.
138.
25
8r
26 Vict.
c.
135.
-
26
&
27
Vict.
c.
237.
-
-
27
&
28 Vict. c. 279.
--
-
-
--
--
--
--
s
s.
d.
2,373,375
0
0
30,000
0
0
115,000
0 0
80,000
0 0
17,000
0
0
1ci0,ooo
0
0
197,857
0 0
233,092
0
0
2i0,OOO
0 0
12,370
0
0
270,000
0
0
{
50,000
0
0
480,000
0
0
4,288,694
0
0
Capital raised and
paid at 31st July
1864.
d
s.
d.
2,368,929 10
0
275,000
0 0
450,000
0 0
i
}
335,548
0
0
233,092
0 0
I
---
3,683,569
10
0
P-4RT
11.
Loan
Capital under existing Acts.
Capital not raised
or
not paid at
3
I
st
July
1S64.
3
s.
d.
4,445
10
0
30,000
0
0
2,309
0
0
17,000
0 0
270,000
0
0
12,370
0 0
27u,000
0
0
606,124
10
0
15 Vict.
c.
109.
-
16
&
17
Vict.
c.
151.
18
&,
19 Vict.
c.
158.
64.
25
&
2G
Vict.
c.
138.
26
&
27
Vict.
c.
237.
81.
27
tk
28 Vict.
c.
279.
1,111,700
10,000
160,000
90,000
5,000
90,000
30,000
60,000
-
1,556,700
00
-
-
00
2
9.
d.
-IS8
17
0
52 19
8
849 9
7
320
0
0
90,000
0 0
90,000
0
0
-~_--
181,711
ci
2
LONDON
:
Printed
by
GEORGE
EDWARD
EYRE
and
WILLIAM SPOTTISWOODX,
Printers
to
the
Queen's
most
I3xcellent
Majesty.
1865.

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