Great Central Railway (Various Powers) Act 1909
| Jurisdiction | UK Non-devolved |
| Citation | 1909 c. lxxxv |
| Year | 1909 |
Iil~;l~l
it i5 c~spetlioiit tllilt
tllf.
Great
C'eritixl
Rail\\
i1,j-
C'oiii~xuiy
(ill
this
Act
callcd
"
tlie
C'oinpaiiy
")
slioiild
lxb
aittliorisecl to coiist riict
tho
ii~n7
rail\\
ays
:iid
i~orlcs
to
chert
the footpaths
and to
purchase the additioiial laiicls liereinafter
c1escril)ed
for
the iinpi~o~enieiit
o
t
tlwir
undertaking
ancl
for
thc
accoiiiiiiodatioii
of
tlic
traffic
tliei*coii
:
Ancl
i~lirreas
part
of
the railways
ol'
the
Soi.th
Linclsey
Light lhilways
(
'oiiipaily
lias
l~etlii conipletcd and is
now
I~eiiig
worlretl
liy
the Coriipany
aiid
other
parts
are iiow
in
course
of
constrncation and will
~vbeii
conipl(~tec1
he
worked
by
the Coinpaiiy
in
pursuance
of
the Great
Central
Railway
Act
190'7
ancl
it is
especliciit
that
powers
shoiiltl
lw
conferrecl
iipoii
the
Conip:iiiy
anti
thr.
North
Liiidscy Tight Railways
Conipaiiy
or
either
oi
tlieiii
for
the acqiiisitioii
of
;idtlitioii:~l
lands
at
Sciiitthoi.pe in
1
AD.
1~9.
thc
coiiiitj-
of
Lincoln
tor
tli(1
pnrpose
of
providing additional
accoiiiiiiodatioii
for
tlie
id\v-aj-s
of
tlir
snit1
coiiip;uiies
aiicl
thz
interchange
of’
trallic.
thereon
:
Aiicl
whereas
1)s
the
Great
Central Railivay Act
1905
the
Company
were
aiithorisecl to constrnct
a
roatl
in continnation
of
Saiiit
3Iark’s
I’lacc-’
iii the city
of
Liiicolii
an(1
a
dock iii the
said
city acljoiiiiiig the River \Titham
;mcl
the C‘oiiip
any
hare
coiistrnctt~l tlw saitl
(lock
aiicl
also
otlirr works
f(
I’
tlw
:1ccoin-
iiioclatioii
of
traffic
iii c>xcrc.ise
of
tiic‘ir
powers
id
1
hat
1)ehalf
(~11-
aiiied in tlic Railways
(”1;tiws
Corisolidatioli
Act
I
S45
aiicl
iii
co~iseyi~eiicc
of
thc-
iiicrcvse
of
the
traffic
passing
aloiig
Saint
Mark’s
I,ane
to
the
FIigh
Street
OF
Lincoln
;I
widening
and
iiiipro.i.eniriit at Saint Alarlc’s l’lace
ad
joining Saint JIark’s
Church
n-oiilcl
lie
to the pii1)lk advantage
:
And
whereas laiid
awi1:il)le
for
tlie said wideiiing
caii
lw
provided altering
the
line
of
thc churchyard w:dl
of
Saint
AIarlc’s
C’hurcli
and
it is expedient tliat tlie C‘oi.poixtioii
of
the
city
of
Lincoln
should
lie
:Lnthorii(-cl
to
iiialie the stroet iiiiprove-
iiieiit
liemiiinftw
described
:
-
And
whereas
(aert;iiii
lancls
hereinafter dehcri1)ed have lJeeii
acquired
l~y
the
Coiiipaiiy
the AhicliPster
South
Jiiiictioii
and
Altrinchaiii
Ilailway
Coiiipaiiy
and
the
Seafoi.tli
ancl
Seftoii
Jimction Railway
(lonipmy
respectively
For
the
piirposes
of
t
heir
rcl
spt-c
t
iv
c
I
11
i
de
r
t
alii
iigs
ail
rl
i
t
is
(
sp(’
cl
i
r
ii
t
that the
piirc1i:ast>
of
the said
lands
slioril(1
ljc>
c.oiilirintd
aiitl
tliat the
said
coi1ipanit.s ixyxxltively
should
he
anthoristd
to
holcl
and
use the
sairie
:
:lnd
whereas
by
tlie
Seaforth
ancl
Sefton
,J
nnctioii l’Lail\;.ay
Act
1903
the
Seaforth
and
Seftoii Juiictioii 12ailw:iy
Company
(in this Act called
“
the Seaforth
Coiiipaiiy
”)
iwre
;~nthorised
to
construct railways coiiiiectiiig the Southport
and
Cheshire 1,iiieS
Exteiisioii Railway with the Liverpool
Overlirad
Railway
and
1)y
the
(heat Central Rail\my Act
190.1-
deviatioiis
OF
tlie
said
railways
were
authorised
and
the
Conipany
Tnxc aiithorised to snbscril)r,
to
the
capital
of
the Seaforth
Company
ailcl
to exercise
in
the
iianici
aiid
on
bchalf
of
the Seaforth c‘oiiipaii,v their
powers
for
the
constrnctioii
of
the
said
railways
in
the ereiit
of
the
Seaforth
Company
failing
so
to
(lo
:
Aiicl
whereas the
Company
in
the exercise
of
the said
powers
have
provided
siiiiis
of
nioiiep
for
the
purchase
oF
Ituicls
required
2
for
Ihe
\ai(l i-ailnxj-t>
and
it
is
cspeclient that
tlic
iiii(l(~i~d
AB.
~XKL
of
thc-. Seaforth Company
shoiild
lie
1eai;ccl to
the
Conipaiiy
iipi
th(3
twins
and
vonilitions liercinaftcr pi.ovitle.tl
:
-21i~
1
wlit~rcas
the
Hiimbcr
('emiiic~rcial
R:iilwa~
anc!
Doc.k
C'oiiipiip (in
this
Act
called
''
tlie
T1iiiiiI)er
were
incoi-porate(1
by
the €Ii~ill)i>~.
Cloniiiici~cial
llailivay
:111t1
hcli
Act
1901
ant1
ire1.e
13~7
the
Riunibcr
C'o~niiit~rcial
11xilw:ij-
and
Dock
Act
1004
aiithoi*iscd to construct
a
clock
at Imiiiii~glinm on the
pstuary
of
the
Ilirc~
Humbc~r
:
L\nd
wlierws
lq-
ai1 agi-cenicnt (latecl
tlie
fil'twnth
clap
of
Jiine
one
thoiisancl iiiiic>
hiinclrc~l
and
Poiir
aiid
niatlc
lictwrm
said
Hiinilw
Coninicrcinl
R~ilxij-
ant1
Dock
Act
1904
the Hiinilwr
Co1iip;q7
agreed
to
grant
ant1
the ('oiiipriny
agrectl
to
acccpt
a
lease
of'
the
docli
ancl
~vorl
;It
Ininiiiigliam aiitlioriherl
1)y
that
Act
for
;I
term
of
nine
himclrctl
and
ninety-nine
years
from
tlie
date
of
the conipletion and opeiiing
of
the said docli for
trafic
:
iZiicl
whcreas
since the passing
of
the
said
Act
of
1904
it
has
been
fomid
necessary
to
provide
for
a
larger
are;\
of
lniid
and
morc
(~xteiiAve siding aiid other accomiiiodation
tliaii
was
originally conteniplatetl
ancl
powers
for
those
piirposes
were
granted to the
IIimber
Coiiipany
by
the
Biuii
ber
Conimercial
Railway
and
Dock
,4ct
1908
:
And
whereas
the snit1 dock at Tniniiiighaiii is in
coiirse
of
construct
ion
aiid the whole
of
tlie capital
of
the Hiunher
C~ii~paiiy
amoiinting
to
one inillion three huiidrecl thoiisand
pouiitls
autho-
rised
1)y
th(1 saitl Acts of
1901
and
1904
has
been
issued
and
€urthc.r capitnl
is
reyiiired for the purposes
of
the coiiipletioii
of
thcl
doCali
and
the de\relopment of tlie hiisiness
of
the
Humber
Conip:aiiy aiicl it
is
espetlient that the
Hnrnbrr
Company
shonlcl
])e
autlioi.i~e(l to raise
such
:tdditional capital
:uicl
to
pay
interest
out
of
cxpital
on
siicl~
acltlitioiial vapital iiiitil tlie coiiipletioii
of
the
clovli
:
,111~1
whereas
it
is
expeclient that tlie
leaw
to
IE
granted to
tile
Companj-
as
provided
1)s
the said agreriiient
of
the fifteenth
da\-
of
J
iiiie
oiie tlioiisand nine
liiuitlrecl
ant1
foiir
slioidcl
inclnde
ti11 acltlitioiid lands
and
works
so
to
lje
acqriired
and
c-xecuted
i,y
tlie
IIiiiiilier
'Coinpally
Aid
it is
alho
expedient that the
provisions
of
the
said agreement relating to the
basis
011
which
the ainoiint of the
rent
payable to the
Hiiniber
Coiiipaiiy
by
the
(:onippang
is
to
be
ascertained
shoiild
be
niodified having
regard
-
Coiiip;iiiy
")
the
conlpilnj-
alltl
the
I-fmnI,r~r
coI1lp;llly
;Lnd
Confirllletl
l,y
tlie
3
A.D.
1909.
to the atlclitioiial expenditure which has been
or
will
be
incurred
by the
Himiber
Company in the acqnisition
of
such
aclditional
land:, aiitl
the
execution
of
such
additional
works
and
iii
carrying
out tlic
other.
piirposes anthorisetl
by
Parliament
01‘
some
of
them
aiid
of
the c~speiitlitiirc~ incnrred ancl to he incurred
by
the
Huinlicr
Company
in
coiinectioii with the
raising
from
the to
time
of
their authorised capital
:
Aiid whei.eas the Coiiipaiiy
were
authorised
by
hectioii
30
of the Great C’entral Railway Act
1900
to raise nioiiey
l)y
the
creation aiid
issue
of
three
and
n
half per ceiitum
second
clebeiitiire
stock
for
the purposes specified
in
section
31
of
that Act ant1
the ainoiint
of
the said
secoiicl
delientiire
stock
has been increased
liy
section
128
of
the
section
79
of the Great Central
section
21
of
the Great
Central aiid Derhyshire
Elailways
Act
1906
and section
91
of
1907
in this Act collectively
referred to
as
“the recited Acts” for the piirposes specified
in
those sections
and
it is expedient that the
said
amoniit
should
he
further increased
as
hereinafter provided
:
And
i~hereas
it
is
expedient that the
powers
1ierc.iiiafter
referred to granted
by
former Acts
for
the coiiipdsory
pnrchase
of
lands
should he revived
and
exteiided
;is
hereinafter
proriclecl
and that the the limited
for
the coiripletioii
of
the
Tvorks
hereinafter
referred
to should be extended
as
in this
Act
provided
:
And
whereas it is expedient that the other provisioiis
hereinafter contained shonltl
be
niade
:
Arid
whereas plaiis
ancl
sections showing tlie
liiicx
aiid levels
of the railways
and
works authorised
by
this Act
and
also
a
hook
of
reference thereto containing the
iiaincs
of
the owners aiid
lessees
or
reputed
onmers
and
lessees
and
of
the occupiers
of
the laiids reqnired or which
niay
he taken for the purposes
of
the TT‘orlis authorised
11)-
this
Act
ancl
plans
of
the other laiids
ly
this Act authorised to
be
taliell coiiipiilsorily with
a
book of
iefereiice
thereto
were
duly
deposited with the respective clerks
of
tlie peace for the comities
of
Lancaster Iiiicolri (parts
of
Lindsey)
and
west riding
of
the comity
of
York
aiid
are
hereinafter
respectively referred
to
as
the deposited plans sections
and
books
of reference
:
And
whereas the purposes
of
this
Act
cannot
be
effected
withoiit the authority
of
Pnrliaiiieiit8
:
.-
4
PART
I.
PI:ET,rJIIN
\RI’.
1.
This
.\ct
iiinj-
Iw
c*itc(l
as
the
Great
Central
Railway
Sllort
title.
(Various
l’owcrs)
Act
1909.
2.
This Act
is
cliriclcd into Parts
as
follows
:
-
1)ivisiori
of
Act
iiitn
Part
1.-Preliiiiinarp.
P;1rt-.
Yart
11.
-h-(v
l\’orlss
;tiid
Atltlitioiial
Tmids
for
Great
Central ltailwty Chiiipiiy.
Part
111.-
--Street Iiiiproveiiient iii the City
of
Lincoln.
Part IV.---Fiirther Powers
for
inchester South Jniic-
Part T.--Further Powers
for
Seaforth
and
Sefton
Part VT.--Capital.
Part VII.-Revival
of
Pon-crs and Exteiisioiis
of
Tiine.
Part
VIII.--;lliscellai3eous.
tioii
ancl
Altrincliaiii Railway C’onipaiiy.
JI
inc t i on Railway
C
oi
np
a
ii
y
.
3.
The
Lands
Clauses Acts
;
The Railways C‘lanses Consolidation
Act
1845
;
Part
I.
(relating to the constrnction of
a
railway) Part
11.
(relating to extension
of
time)
of
the Railmays Clauses
Act
1863
;
The clauses
and
provisions
of
the Companies
Clai~ses
Con-
solidation Act
1845
with respect to the following matters
(that is
to
say)
:-
The distribution
of
the capital
of
the Company into
The traiisfer or transmission
of
shares
;
The payment of subscriptions
and
the iiieaiis
of
enforcing
The forfeiture
of
shares
for
non-payment
of
calls;
The
remedies of creditors
of
the Company against the
Il1Poq)ora-
tion
of
Actb.
shares
;
the payment of calls
;
shareholders
;
A3
5
AD.
1909.
Thc
lmrrov,-iiig of iiioiie~-
by
thc
Coinpan
J-
on
mortgage
01‘
The
(y)ii\-ei~~ioll
ot
borrowcd
iiioiir~-
into
c*apital
;
The coiisolidatioii
of
the
shares
iiito stock
;
The
ilii~liiiig
of
dirideiicls
;
The
giving
of
notices
;
The
proyisioii
to
lie
iiiatle for affol*tliiig
acc‘ess
to
the
Part
I.
(relating to caiiccllat ion
iiiitl
surreiitlel.
of shares)
Part
IT.
(relat
iiig
to atlditional capital) aiid Part
111.
(relating to ck1)eiitiwe stock)
of
the (’oiiipaiiic., Claiises
Act
1863
as
ainwdetl
1)~-
siil)seq~~e~it L\ctt>
;
are
(except
wliere cxpressly
yaried
by
this
Act)
incorporated
with
aiid
foriii part
ol‘
this
Art.
__
I,olltl
;
spwinl &\ct
1)y
all parties iiitcJrclstcd
;
:incl
Iiiterpreta-
tioii.
4.
Iii
this llct tlicl
se\-ernl
~vords
aiid
expressions to wliicli
meanings are assigned
?)J-
the
hc‘ts
IT-11011~-
or
partially
iiicor-
pratecl herewith
have
the
same
respectire ineaniiigs iinless there
be
soiiiethiiig
in tlir
snl)ject
or coiite’st repugnant to
snch
con-
struction
‘‘
The
C’oiiipaiiy
”
iiieaiis
the Great Central Railway
(‘
The
railway.,
”
ancl
“
tbc railwap
”
iiiean
the
iiew
railways
“
The Lfltriiichaiii
Conipaiiy
”
means
the 1SIanchester Sonth
“
The
Seaforth
C‘oiiipaii~-
”
iiieans the Seaforth aiid Seftoii
“
Thc
Seaforth
.hat
of
1903
’’
iiieaiir the Seaforth
and
Seftoii
“
The
Hiiiiiljei*
(
‘01iipii~-
”
iiic~aiis
thv
Hiiiiilier
Commercial
“
The
Xortli
Liii(1wy
C’oiiipaiiy
”
iiieanq
the North Lindsq-
‘‘
The
Hi~iiilier
1
)ocli
Acts
”
ineaiis
the
Hniiiber
Coniiiiercial
‘‘
The
Act
of
1901
”
iiieaiis
the
Great
Central Railway Act
“The
Act
of
1903”
inems
the Great Central Railway Act
And in this Act
tlw
expression-
Co1npany
;
authorised
l)y
this
Act
;
Jmictioii and Altriiichaiii Railway
Conipaiiy
;
Jiinctioii Railimp Cmipaii~-
;
.Jiiiic~tioii
T:ailiw,v
Act
1903
;
I?ailn.a~-
and
Dock
C’oiiipaiiy
;
Light
Railways Coiiipaiir.
;
liail\wy ailtl
Dock
,2cts
1901
190-1-
aiicl
1908
;
1901
;
1903
;
6
1’.\L1T
11.
SI
T\’OILTiS
*\SI)
i\U1)T1.IOSl\I,
1,
\KIF
1’01;
(illlC
\‘r
CEliTItAT,
I:AIL\VAY
(’031
PAKY.
5.
Sii1)joct
to
the
proi-i4oii\
of
this lZct the C’oii1pan~-
nit~y
Sew
rail-
milie
and
iiiaiiitain
in
the lilies
or
sitiiatioii aiic~ witliiii the
wa~-’
liiiiits
ol
cleviation
anid
according to the
levc.15
sliow~i
on the
ckposited plaiis aiid sections the railways and works hereinafter
descrilml ivith all
proper
statioiis sidings jiinctioiis
approaches
works
aiicl
coir~eiiiciices
coiiiic~iecl
therewitli ancl iiiay
enter
iipoii tdie and
ii
siich
of
the
lands delineated
oil
the
deposited
plaiis
aiicl
descrilmi
iir
the
deposited
liooks
of
rererenee
as
may
be
required
ior
tliosc.
piirposrs
or
for
the
general
piirposes
of
their iui(lrrtdThe railways
ant1
worlis lirreiiiheforc
referretl
to
aiicl
aiithoi~iwl
1))-
this Part
of
this i4ct
arc.--
work
9.
In the county
of
Lancaster-
11
1:ailwaj-
(No.
1)
2
fiirlongs
9.5
chains in length
wholly
in
thr parish
of
Iiiccl
ancl
iirlxin district
of
Iirce-iii-
MakerGeld coiiiiiiencing
by
a
jnnction with the
Company’s
Wigaii tJimction Railw;1y at
;L
point
1
chain
or
there-
alloiits iiieasurecl along the said
railn-a)-
in
a
iiortli-n-esterly
dircction froin the centrc
of
the bridge
carr)-ing
Green
Lam
over
the said railway mid terminating
by
a
jiirictioii
with the Lalicashircl
ancl
Yoiltshire 12;dw.ay Coliipany’s
1
.ivqmol Boltoii aiid
Riiry
Railway
at
;I
poiiit
on
that
i*ailwa?
li
chains
OT
therca1)onts measilred
in
a
south-
ci1st~1.1~ directioii
along
the c(>litrP
lille
01
that railway
frniii
thc
wiitrcl
of
thc
1)ritlgt.
carrying
that
railway
over
the
1,eetls
aii(1
T,iverpool
Canal
;
A
Railway
(KO.
2)
1
fiirlong
1
*
S
chains
in
length coiiiineiiciiig
by
;I
junctioii with
the
ltailway
(So.
I)
abovc
clcscril~ecl
in the parish
of
Ince in the
iirbaii
district
of
Ince-in-
i\ltllierfield at
a
poiiit
1
chain
or
thereabouts
measured
in
A4
7
In the county of York
(west
i.idiiig)-
A
Eiilu-ay
(So.
5)
1
111ilc
4
I‘iirlongs
iii
l’orccrs)
[Ch.
IXXXV.]
‘AD.
1909.
length commencing in
the paidi
of
lYani1b\vortli
in the
held
or
eiiclosure nuni-
bered
207
on the Ortlnance
iiiap
of
the west ~icliiig
of
the
2nd
rdition
19d3
at
a
point
in
that field distant
2
chains
or
therealmtits
fi.oiii
the western honndary
of
siich
field
ii~wsiii*e(l
in
ai1
~astei*ly clircction aiitl at right
iinglrs thereto
ailcl
:I
(*hains
or
therealwrits
fi.0111
the
soiitherii I)oiintlnry
of
tht
hltl
nieaiiired
in
a
north-
n-esterlj-
clirtdon aiic
l
at
right angles thereto and ter-
minating in the said 1)arish
and
rnri~l
tlibtrict by a
j
tinction
with the Company’s Barnsley to 13arnetlq Rai1n.n~- at
a
point
3;
chains
or
tliereal~oiits iiienstirc.d along that
railway
in
a
soiith-n-estcrl;v tlirection
froin
the centre of
the
1)ritlg.c carrying
Cineit
hie
over
tlw said railway
;
A
RailwajT
(Xo.
6)
3
liirloiigs
3.48
chains in length
com-
inelicing in the parish
of
Edliiigton at the western fence
of
the
field
or
enclosiire
nmiibered
116
on the Ordnance
map of the west riding
of
the coiuity of York (scale
%GTT)
Sheet
So.
CCLSSSIV.-12
2nd edition
1903
at
a
point
on the said fence
13
chains
or
thereabouts measured along
the said fence in a southerly direction from the north-
west corner
of
the said field
and
terniinatiiig in the parish
of
ITariiis~~~orth
1’9
n
jniiction wit11 the Railway
(No.
5)
hereinbefore
desc.ril)etl
at
a
point on the eastern bounclary
of Edliiigton
Laiie
3
cliaiiis or thereaboiits ineasnred along
the
said
l~ouiidary
in
;I
soutli-westerly direction from the
centre
of
the bridge carrying the
nearnc
Yalley
Railway
over
the said
lane.
co11nty
of
York
(SCtLIV
2
-)I,,
,))
Sllec~t
No.
CCLXSXI\’.-12
6.
The
new
railways authorised
by
this
AcI
shall for a11
~011s
rates
purposes inchicling tolls rates and charges
be
deemed to
he
part
and
charges
on new
rail-
ways.
o€
the iindertaking
o€
the
company
:
Provided that
as
regards passenger
traffic
the maxiiiiuiii fares
to Le charged by the Conipany
for
the conveyance
of
passengers
upon the railways iiiclitdiiig every expense incidental to snch
conveyance shall not exceed the following (that is to say)
:-
For
every passenger conveyed
in
a first-class carriage three-
pence per mile;
9
A.D.
1909.
For
every passenger coiiveycd
in
a
second-class carriage
two-
pence
pcr
mile;
For
ever)- passenger convcyvetl in
a
third-clas:, carriage oiie
penny per iiiile
;
For
every passenger conveyed
on
the railways
for
a
less
distance
than threc. iiii1f.s the Company
inay
charge
as
for
thee ides
aut1
evcr,v Pract
ion
of
a
mile beyoiid three niilcs
or
any
greater nunil)c~i~
01
iiiiles
ilia11
IN
deeiiied
a
riiilc
:
Provic
led
also that every passenger trLLvelling
upon
the
railways niay
takc
with hiiii
his
or(liiiary
liiggage
iiot
exceeding
one himclred
aiicl
fifty
pouiil15
in
wright
for
lirst-class passengers
one hunclrecl
:incl
tnwity
poiintls in weight
For
second-class
passengers aiicl oiicl hiintlretl poitiids
in
weight
for
third-class
passengers without ally cliarge being
niade
for
the carriage
thereof.
-
Power to
divcrt
road
as
ShOlVll
011
deposited
plalls.
7.
The Compaiiy
iiiay
in coiistrncting Railwiys
SOS.
3
and
4
divert
the
pulilic
road
known
as
llayiier’s Lme
ancl
nuniberecl
on
the
deposited plans
5
in
the parish
and
liorongh
of
Ashton-under-
Jpi~
in the manner
shown
upon the tieposited plans and sections
aiid subject to the provisions
o€
this
Act
inay
stop
up
and cause
to be discontinlied
as
a
road
so
mnch
of
the esistipg
road
as
will lie rendered unnwessary by the new portion
of
the road
shown on the said plans.
For
protec-
tion
of
Lt~ucasliire
C
o
u
iici
1.
CO11
11
t
y
8.
Not~~iithstaiiding aiiythiiig in this Act
the
provisions of
this section shall
apply
for
the protection
of
the county conncil of
the acliiiiiiistrati~~-ei
county
of
tlie cwinty palatine
of
Lancaster
(hereafter called
“
tlie
county
council
”)
and tlie ratepayers aiid
iiihal~itaiits
oi‘
the
snit1
adiiiinistrative
connty
unless otherwise
agreed in writing lwtween the county council aiid the Company
(that is to
sa?)
:-
(1)
The 12ailways
SOS.
1
and
2
by
this Act authorised shall
lie carried
oyer
the T17ignn aiid IVarriiigton main road
1))-
nieaiis
of
a
girder hridge having
a
span
of
not
less
than thirty feet in width
mensnred
on the
sqimre
1.wtn-eeii the inside walls thereof
ant1
a
clear headway
over
the
present level of the said road
of
not less
than sixteen feet The Coriipany shall carry the foun-
dations
of
the
abutiiieiits ant1 wing walls
of
the said
bridge
to
such
a
depth as
shall
allow the surface
o€
10
the
roatln-ay
to
lie
lowered
to
th
extent
of
oiie
foot
A.D.
1909.
1)elow
tlw
preseii
t
lev1
thereof
ant1
when
the
surface
01
the said
roat1na~-
shall
hay?
I)eeii
so
lo~\-ered the
iloiiipanp
shall
p:ij-
to
tlic
county couiicil
or
to
the
11
rhaii tlistrict coiincil caiqing
out
the
work
one-fourth
part
of
thc espeiises iiiciirrcd
in
coiiiiectioii thcrewith
lJrovidetl
that
sitc.li
paynient
shall
in
no
cvnt csceed
thP
Rlllll
of
011(’
llllndrrd
porllltls
;
If
any
worli
ei\rcwtrcl
1iy
the
county
coiincil
or
tlie
nrbaii district
coiincd
in
piirsuance
of the prorisions
of
this subsection involves ;in alteration
of
a
telegraphic
liiie
belonging to
or
iisetl
119
the Postmaster-G eneral
the
enactnients
containcd in section
shall
apply
to
siich
altcration
:
(2)
The
said bridge
shall
lie constructctl aid maintained
so
as
to prevent
as
far
as
pi*acticahle tlie dripping of
vater
011
to
tlip
said
roatl
or
path
froni
such bridge
and the parapet
walls
or
screen
of
the bridge shall
be
not
less
than
five
Feet high
for
the full width
o€
the bridge
aiicl
six €eet at
eacli
end.
_-
9.
For the
protection
of
the
Tiice-in-~~alierfield Urhaii
For
protec-
District Council (in this section called
‘‘
the council
”)
the
tion
Of
Ince
following provisions sliall apply
and
haw
efkct
iiiiless
otherwise
field
Urball
agreed
in
writing
lmhveeii
the coiiiicil
and
the
Coiiipany (that
District
Couiicil.
is
to
say)
:--
in-
Maker-
(1)
Before interfering with the ciilvert
of
the conncil situate
iipoii
the
laiicl
nmnhered
iipoii
the deposited plans
17
in the
parish
and urban district
o€
Iiice-in-~laliprfielcl
the Company shall
at
their
own
expense lay
an
iron
pipe
of
tmelvc.
inches clinineter
in
lieu
of
the said
cnlvert
in
such
a
position
ancl
at
such
levels
as
shall
lie
agreecl
upon between the
Coinpaiq-’,
engineer
and
the
snrveyor
to
the council
or
as
€ailing agreement
dial1
1Je
settled
117
arhitrntion in iiianner hereinafter
provided
ailcl
upon
the coinpletioii
of
the said pipe
the Conipaiiy iiiay
connecxt
tlie same with the
existing culvert
and
inay
reiiiove
or
appropriate
for
the purposes
of
this
Act
so
iiiuch
of
the said existing
culvert
as
lies between
the
coiiiinenceiiient
and
termination
of
the said pipe
:
11
A.D.
1909.
(2)
Whrlrcl
the said pipe shall
pass
miclrr
any
part
of
the
c.iiil)aiilitiiriit carrj-iiig thcl Railway
KO.
2
1))-
this
Act
aiitliorihe>'d it shall
l)c
(+o\-tlrrd
with
a
p-otcctive
delle
of
coiicrrtci to
the
i-eami:~l)le satisfactioii
01'
the
SIW-
\-ckyor
to
the coiiiwil
for
thcl time
1)c.ing
:
(;?)
The
conncil their
officew
ser\-.ants agmts
ancl
worlinic~ii
sliall
1)e
at liberty
as
often
as
111;~s
11t:
required and
at
aiiy
tinir
in
the.
day
01'
night to enter
iiito
01-
npoii
the laiicls
of
tlie C'oiiipatij- to vien-
ant1
csaiiiiiic>
thr state
ancl
cwiiclition
of
the s;ii(l pipe :tiit1
to
clcaiisc niaiiitaiii ;incl lieep in repair the saiiie
:
(-1)
If
any
clifiercwxt
arises
ljetwwii
the
(
'otiipaiiy
or
their
engineer
;~nd
tlic cviincil
or
tlieir
siirvtlyor
iiiitler
or
in
relation to any provision
of
this section
siich
differelice
shall 1.w clrtc~niliiiecl
147
tin
ciigiiieer to
Ije
iioiiiiiiated
I)y
the President
of
the Iiistitiitioii
of
Civil Engineers
on the application
of
the Conipaiiy
or
the council
shall
apply to the cleterinination
of
any
siicli
difference.
~
For
pro-
tectioii
of
London
and
Pu'orth
Western
Railway
Company
as
to
Railway
xo.
2.
10.
Notwithstanding anything
iii
this Act coiitaiiied or
shown upon
the
deposited plans
no
part
of Railway
KO.
2
by
this Act
aiithorisecl
or
of
an)-
of
the
works
connected therewith
shall when constriictetl
bc
nearer
to the works and property
of the London
and
Kurt11 \Testern Railway Company than is
shown
upon
a
section signed in duplicate
by
Charles
Arthur
Rowlandsoil
011
behalf
of
the Coinpaiiy and Ernest
Crosbie
Treiich
011
1)chalf
of
the
London
ant1
North
Western Railway
Company.
For
pro-
11.
FOY
the protection
ancl
hen&
01
the 1,eeds
ancl
tectioll
of
Iiverpool
anal
Company (in this wctioii called
''
tlic canal
Leeds
and
Liverpool
company
")
the following provisions shall iinless otherwise
Canal
Corn-
agreed
in writing lietween
thtl
caiial
collipany
ant1
tlic
Cornpauy
pally. apply
and take effect
:-
(1)
Notwithstanding anything in this Act contained
or
shown
on the dcpositecl plaiis the
Coiiipany
shall not,
purchase
or
acquire From the canal conipaiiy
for
or
in
coniiectioii
with
the railwajTs
iiuinl-)ered
1
aiid
2
hy
this Act authorised any portion
of
the land
of
the canal company numbered
1
in the county
borough
of
Wigan on the deposited plans which
lies
12
to
the north
of
a
liile drawn
parallel
to the southern
A.D.
190%
hank
of
the
Leeds
aiid Tiverpool Canal and
of
the
I)ye-n-ash
in
conncrtion therewith
as
the saiiie
now
esists and
at
a
distaiice of fifteen feet therefrom
*
nieasiiretl in
a
soiitli(dy direction
:
(2)
l'he
C'oiiipanj- shall
t'cwce
oil'
the
liiiicl
acquired lroni the
c;iiial
coiiipaiiy
on
i
(h
Iiortli-iwsterii
boiindary
with
a
huffic*ieiit
fcncc
to pi'evciit
tlie
eiiil~anknicnt
or
slope
carrying tlie
said
milways l'roni encroaching
iipoii
the laud
of
the Company
herein1)efore reserved aiitl
siicli
feiice shall
lw
constructed
and inaiiitained to
the reasonnl)lc satisfaction of the engineer for the
tiiiie 1)eing of the caiial compnny
:
(3)
The Coiiipaiiy shall coiitempora~ieoi'bly with the
w"-
struction
of
the
said railway enil~aiiliiiient
or
slope
carry the existing watercoiirsc3
or
tlraiii on the sonth-
west side of the land
of
the canal coiiipany nuinliered
1
ah
aforesaid
iiiicler
aiitl
through the said enibankiiieiit
or
slope by means
of
a
culvert constructed in
siich
foriii of siich niaterials iii
snch
line
and at siicsli lwels
;IS
iiiay
i*easoiiably
lie reqiiiid
hy
tlie said eug-ineer
than three
sqiiare
feet in sectional area and
to
lie
iiiaiiitaiiietl
anti
cleaned out at all times after
con-
struction
hy
the
Company
:
-
01
the calla1 colllp""~ SllCll
c11lrert
to
he
of
not
1
(4)
Any
difference which may arise
lietween
the canal
coiiipany
and
tlie Company (except
as
to the coinpen-
sation to be paid
by
the
Company which sliall he
deteriiiiiietl in iiiaiiiier provicl(d liy the Laiids
Claiises
Acats)
or
their respective ciigiiieers
as
to the constrnc-
tioii
or
niaiiiteiiance
of
aiiy
of
the
worlis
of
the
Company
by
this Act authorised
or
otherwise under
the
provisions of this section
shall
l)e
tle~evniinecl by
an
engineer
to
be
appointed on the application
of
either party
by
tlie President
of
tlie Institution
of
Civil
Engineers and save
as
aforesaid the provisioiis of the
Arbitration Act
IS89
shall
apply
to
the detenninztioii
of aiiy such difference.
12.
Uiiless otherwise
agreecl
in
writing hetween the Company
Limiting
;id
the 1,ancashire and l'orlishire l?ailw.ny ('ompany lZailway
use
Of
No.
1
hy
this
Act
aiithorised shall
not
be
nsed
for
the
purposes
may
No.
1.
13
..
A.D.
1909.
of
the
interchaiigc
of
traffic
arising
at
01%
tl(1stiiicd
for
places
situate to the
eaitmartl
of
;i
line
shown
in
:I
i-ed
colom.
oii
the
plaii
sigiied in tliiplit~itc 11.v
1
Iis
GI*:L~P
tli~
1)ii1
oi
Jlevoiishire
the
Cliairinaii
of
the Selcct
Coiiiinittce
of
tlic
FTonsc
of
Lords
to
whoin
the
Bill
for
this Act
LV;M
rcPci-rccl
oiir
copy
of
which pian
has
1)eeii
deposited
in
the
Private 13ill
Ojficc.
of
tlic
IToiw
of
Coiiimoiis
and
oiie copy
in
tlicl
OfIicati
01'
tlic
Clerk
of
tlir
Pai*liamcnts
of
the
Hoiihe
of
TJorils
or
to
tho c;ist\vartl
of'
iiiiaginary
1iiic.s
draw11
dii~
north
f'roiii
thc
~lol?lic~~i
aiid
tlue
sonth froill thc
southern teriiiiiiatioiis
respectively
of tlw
said
line
showii
upon
tlie
said
plaii.
._
-
For
pro-
13.
For
thr protectioii
of
tlic
niayor
alclei*iurii
aiitl
ljiirg
tection
of
of
tlie
borongll of Ashtoii-imcl~~r-L!-iir. (1iereiiinI'trr called
"
the
Asbton-
corporation
"
aiid
"
the
borongli
"
respectivclg)
the
followiiig
Corpora-
provisions
shall
have
effect
imless
otherwise
agreed
l~etmeeii the
tion.
Coinpaiiy
aiid
the corporatioii (that is
to
say)
:-
(l)--(
i)
111
the ereiit of 1jritlg::cs
hiiig
coiistrnctctl to
carry
the
iiiteiiclecl
Richiiioiid Street
OWF
the
Imicasiiire
and
1-oricshire Railway
ancl
the Olclliaiii Xshtoii
aiicl
Guide
12riclgc.
Railn
ay
the
Coinpally
shall
construct
and
iiiaiiitaiii at
tlicir
o\i
11
c-xprnse
bridges
for
the purpose
OP
carrying
the
iiitcncletl
Rirhiiioiid
Street
over
the
Railways
Nos.
3
aiid
-1
11s
this
Act authorised at such
points
thereon
as
niay
be
agreed between
the
Coiiipaiiy
(B)
The
baid bridges rtqiiirecl
by
this sectioii shall
Ile
of
such
widtli iiot exceeding thirty-sis feet between
the parapets
as
may
be
agreed
between the Coiiipaiiy
ancl
tli~
corporation
and
sliail
be so
constructed ancl
iiiaiiitaiiiecl
as
properly
to carry
ofi
the surface water
:
(3)
The Company
shall
at their
(Jxpeiise
to
the
satis-
fact
ioii
of
the corporatioii streiigtheii tlie
brick
coveriiig
orer
the
existing
wi~er
along
the intended line of
Richmond Street at
the
two
places
where
the
Itailways
Nos.
3
and
4
ljy
this
Act
aiithorisecl mill
cross
oiTpr
the
said
sewer
:
(3)
'I'he
Coiiipaiiy
shall
alho
at their
(wpiise
provide
;1
inailhole
in
coiinc'ctioii with the said
sen-er
at
s11ch
point
on
the soiitii side
of
Railway
KO.
4
by this
Act
authorised
as
niay
be
agreetl
I~etweeii
the
Company
aiid
the
corpor
a
t'
1011
:
aiid
the
corpor'
d
t'
1011
:
14
[:I
EDW.
7.1
Great
Ce?ztml
Railuay
(Various
Pozucrs)
[Ch.
lxxxv.
Act,
1909.
(4)
If
my
differeiicc shall arise
hetwecil
the
corporation aiiil
AD.
1909.
the Coiiipaiiy iiilder this qectioii siicli rlifferciice shall
1)e
1~3fcrrccl
to and di~teriiiiiietl
1))-
a11
eiipiiiccr
to
lw
appoiiited (i
1
not,
apwd
iipoii)
by
tlie President
of
the
illstitidon
of
Civil Eiigiiiccrs
mtl
the Arbitratioii
~
Act
18S9
sl1all apply to
any
sllch rcl'ercllcc~.
14.
Tliv
lollonring provisioiis
lor
tlic protection
of
thil
@ltlha111
For
protec-
tioii
of
Old-
hslitoii-iiiidcr-T,yiie and Cruide I3ritlge
J
iiiictioii llailway (in tliis
sectioa
referret1
to
LIS
"
the Olcllialri
lld~wy
")
hhall
ldess
niider-~ync
otherwise
agrcc>t~
in writiiig ~wtiveeii the
(~oiiipany
aiitl the
allc'
Guide
Grmt L'eiitrd
:111(1
Sort11
IVtIhtcrii
hilways Joint Coiiiiiiittee
(in
JllllctioiL
this section
rrferrctl
to
as
''
the
coninlittee
")
apply
ancl
have
1lail\va~*
effect
:-
(1)
The
Coiiipaii~ shall not without tlic previous conselit in
writing
of
the coiiiiiiittee
mider
their coiiimoii seal
acquire
or
use
iiiore
of
the laiicl or property
niiiii-
bered
1
2
3
4
5
and
ci
on the deposited plaiis
in
the parish aiid horongli
of
hshtoii-uiitler-Lyne than
will
be
necessary
for
the
constriictioii
of
r\ailn.ay
Xo.
3
aiitl
si&
exchange sidings
as
iii:iy
be
reasoiialilg
iiecessary in connection tlierewith
:
Ashtou-
Bridge
(2)
The
jitiictioii
of
Itailway
So.
3
with the Oldhani liailway
shall
he
at such
;I
point within
the
limits
of
dcviatioii
as
shall
IE
agrecd
I)etmeen
the Coiiipaiiy and the
coiiiiiiittee
or
settled
119
arbi tratioii
as
liereinafter
proviclod
:
(3)
I1
the coiiiiiiittee shall require at
aiiy
fntiire
the to
widen tlieir
railway or
otherwise utilise
for
railway
piirposcls
tlieir
lands
ad
joining thercto
any
extra costs
thej-
ii~y
1x1
piit
to
l)y
re;isoii
or
in
coiiseqiieiic.~~
of
tlic construction
of
12ailway
KO.
3
shall ljc repaid
to
tlieiri
by
the ('oiiipaiiy
:
(4)
Sot~~~itlistaiidiiig anything in this
Lict
contained the
Coinpa1iy
shall
l)e
rc.spoiisil)le
for
and
111alw
good
to
which
niay
I)e
occasioned
to
the coniinittre
or
to the
traffic.
011
the Oldhaiii Railway
or
othcrwise
by
reasoli
of
the cxrciitioii
by
thc Coiiipaiiy
of
tlip
~~orks
upon
or
affecting tllc Oldhi~lii Railway
or
by
T~~SOI~
of
the
failure
of
siicli
lrorks
or
of
any
act
default or
the
c*omiiiit tee
dl
('OSth
loshrfi
clal:ii~~~s
or
espells;ci:
15
A.D.
1909.
oiiiissioii
of
the Coiiipaiiy
or
01
ally pc’rhoii in their
eiiiploy
or
of
their coiitra(*tory
01’
otlirrwise ant1 thc
Coinpaii~-
will efTcx~ti~:ilI,~-
iiitleiiiiiif’>~
tiii(1
lioltl
li;mnlt+h
the coiiiiiiittcc froiii
all
(~liiiiii5
anti
tleiiiaiitlb
iipoii
or
against thciii
l)y
rc‘;isoii
of
siic.li cxcwitiuii
or
f‘
‘1
I1l-C
ancl
of
any
siicli
:\cat
tlvi’aiil
t
01’
oiiii+ioii
:
(5)
If
1):-
reawn
of
tho twii;5tnwtioii
01
1LiiI~v;ty
50.
3
or
any
works
in coiiiirctioii thewwith ally ;i(l(litioiis to
or
alteration:,
ol’
tlir
(uiiiiiiittt3t~’s vsistiiig
sitliiip
sigiials
or
ot1it.r
worlcs
are in thv opinion
of
tlie
principal eiigiiieer
for
tlir tiiiie lwiiig
of
the
~0111-
iiiittee reqiiiretl the
writ'
sliall
lie
ewciitetl
by
the
cmnniittee at the
sol?
cost
anti
expense
in all thiiigs
of
the
Coiiipaiiy
anti
accortliiig to plans
ant1
sectioiis
to
be approved
Iq-
tht.
aaitl
principal
c>iigiiiwr
:
(6)
If
in tlie opiiiioii
oP
the comiiiittw it
shall
becoiiie
necessary for the coiiiiiiittw to
piircliaw
or
pay
coiiipensatioii
for
niiy niiiicJrals
reqiiirctl
to
l)e
left
iiiin.orl
under the jnnction
of
IZailway
No.
3
with
the
Oltlhaiii Railway then th(3 Coiiipaiiy shall
oii
tleinaiid
pay
to
the
coiiiiiiittee
n
fair proportion
of
a11
costs
ant1
expeiises iiicnrretl
l)y
tliein in relation to
aiiy
such
purchase
or
p;iyiiient
of
coinpeiisatioii
:
(7)
If
aiig
difference
shall
arise lietween the
C’oiiipaiiy
aiicl
the coiiiiiiittee
under
this section
or
if
the
clecisioii
of
the principal engineer under
sulisectioii
5
hereof is
iiot
accepted
by
thc cviniiiittcc
such
iiintter
in
dispute
shall
1x1
referrwl
to
ant1
lw
tlt~tc~iiiiiir~l
l)y
a11
engineer
or
other
fit
p~~i*soii to
1)~
iiiiitually iioiiiiiiatetl
1)y
tlie
respective engineers
of
tlir
Coiiipaiiy
ant1
the
Loiitloii
aiitl Sorth T\-esterii
Ztailivnj-
Coiiipaiiy
or
failing agreeiiieiit to
lie
appoiiitetl
by
the Yresitlriit
of
the>
Institutioii
of
Civil Eiigiiieers oil
tile
applica-
tion
of
the
Coiiipniiy
or
the
Loiitlon
and
North
Wrsterii
Railn-ay
Chipaiig and the provisions
of
the
Xr1)itrntioii -4ct
1859
shall apply to any
such
reference
:
(8)
Notwithstanding niiythiiig coiitaiiirvl in thc
Llclt
of
1905
or
in
any
otlter Act
or
Acts relating to
tlie
Olclham
Ashtori-untler-T,!-iie
niitl
Guide Bridge
Jiuiction
Rail-
-.
way
Compnlly tlw 1.olltloll ancl
Sort11
lrehtrrn
16
[9
EDW.
7.1
Great
CeiztraZ
RaiZway
(Various
PozC;ws)
[Ch.
IXXXV.]
Act,
1909.
12nilTmp
Company
shall not
lie
liable
to contribute
A.D.
190%
towards
any
expenditure
in
providing fiirther accom-
modation on the Oltlhain Railway rendered necessary
by reason of the coiistructioii or user
of
Railways
Nos.
3
and
4.
__
15.
Thc following provisioiis
€or
the protection of the Lanca-
For
protec-
shirt.
antl
Yorkshire ltnilway Coiiipaiiy (hereinafter called
"
the
tioll
Of
Lall-
cdiirc
slid
Laiicsshirc
Coinpaiiy
")
shall imless otli~rwise
agreed
hetween
rorl
the Company and the Laiicasliire Company apply
aiid
have effect
:
-
Itail\va~
Company.
(1)
Railways
Nos.
1
2
3
aut1
4
by
this Act aiithorisetl
so
far
as
tlir
smie adjoin
or
affect
tht.
railways laiitls
or
works
01
the
Lancashire Company shall
be
coiistrnctecl
in such lines within the liiiiits
01'
deviation
shown
on
the depositet1 plans
ab
shall
be
reasonal~ly approvetl
1)s
the principal engineer of the Lancashire Coiiipaiiy (here-
inafter referred to
as
"
the said priiicipal engineer
")
Provided
always
that
if
the said principal engineer
shall for the period of one month Pail
to
express his
disapproval
of
such plans he shall be deemed to have
approved thereof
:
(2)
The jmictions
of
nailmays
SOS.
1
ailcl
3
with the railways
of the Lancashire Coinpaiiy ant1 the signalling
works
in
connection therewith
so
far
as
they affect the rim-
niiig lines
of
the Lancashire Company shall
if
aiid
when
reqiiiretl
hy
the Company
he
constrnctetl by the
Lancashire Company at the espeiise
of
tlie
Company
:
(3)
The Coiiipaiiy shall subject to the last preceding
sub-
section constnict the said railways ant1 all the works
110th temporary aiicl permanent necessary
ancl
incident
to the construction thereof
so
far
as
they affect the
property antl works of the Lancashire Company in
accortlaiice with the provisioiis of this section aiid
accortling
to
plans sections
antl
spec.ificatioiis
ancl
of
hnch quality
and
strength of materials ancl in every
other respect
as
shall be previously submitted to
ancl
reasonalily approved in writing
13)-
the
said
principal
c\ng:iiieer ant1 thc (hipany shall
not
co~iiinence the
twiistriictioii
01'
tho saitl portions
of
tlw
.;aid I-ailways
01'
c-iitc.r
itpoi1
01'
iiiterferc>
with
;uly
lantl
works
01'
prqwrtj- Idoiiging
to
or
nsetl
11)-
tlie
hicashire Coni-
lmi>-
until
such
plans sections
ant
L
specifications have
B
17
A.
I).
1909.
__
1
wii
ho
siil)mittetl
ant1
approwtl Provitletl ;~lw\-ag's that
il'
thv
said principal
cq+ieei.
shall
for
tlie
periotl
ol'
oiic
nioiith
lail
to
elpress
his tlisapproral
of
siic'li
plms
wctions
;uitl
specifications
he
shall
l)e
tleeiiiecl
to
Iiav~
approvetl
thei.et)f
:
(-1)
The
saitl portions
01
tlie idways
niicl
all
works
iiec
or
inc~itleiital
to
the c.onstructioii thereof
or
affecting
the
property
01-
works
01
thtb I,ancashire
Coiiipniiy
(exc~pt
a$
provitletl
I'oi.
iiiitler
siilxection
(2)
of
this
h~ctioii)
shall
lw
execrite(1
by
aiitl in all things at tlie
ripeiisc~
of
the Coiiiy;uiiy
aiitl
iuitler
the siiperiiiteii-
(1eiit:e
;iii(I
to
the
~~casoiial~le
satisfaction
ol
thc
saitl
piiiicipal
eilgineei.
:
(5)
Tlic~
Coinpaiiy
sliall
;it
ail
timw inaiiitain
tlt~
snit1
portions
of
tlw
idways
ant1
all
tlic
works
connecte(1 therewith
aiid iiic.idriit
thi*efo
in six1)staiit ial repair
;~iitl
gootl
oi-tlcr
to
the
reasonable
sat
isfaction in
all
i'espwts
01'
the slid principal eiigiiiwr
ant1
if
ant1
whenever
tlxb
Coinpally fail
so
to
(lo
tlic
Lancashire Conip;iiiy
iiiay
Ilialit.
~1t1
(10
in
a~l
~p011
~e.11
the
1:~itls
of
the
Company
as
their own lantls
ai1
sidi
works
repairs
aiid things
as
they
inay
reasoiin1)l;-
thiiik requisite in
that Iwliali
and
the
siiiii
11'0111
tiiiie to time certifietl
13;-
the snit1 principal twgiiieer
to
lie the reasoii-
able
;iiiioiiiit
oF
such
esprntlitnre
shall
lie
repaitl
to
the
Lai1cashii.e C'oinpniiy
1);-
the
C'oinpaiiy
l'ro\-itlet
I
alivays
that
the
Lancashire ('oiiipaiiy sliall niaiiitaiii
at
tlir
rxpeiisr
of'
the C'oinpaiiy
the
saitl jmictioii5
01'
Hailways
Kos.
1
ant1
3
with the raiiways
of
tlic
Tmicashire
Company
aiid
the signalling
works
in
~'011-
itectioii therewith
so
far
as
they
affect
the nmiiiiig
iiiics
of
the
saitl last-ineiitioiirtl idways
:
(6)
ll[iriiig
-
the
coiistivc.tioii
of
the
milways
atljoiiiiiig
aiicl
ii~ar to
or
affecting
the
railways propert!- aiitl worlis
oF
the Lancashire
c'oiiipaiiy the
Coiiipaiiy shall
hear
ant1
011
(leman(l
pay
io
thc
Lancashire
Coinpaiiy
all
i
Lif'fici
~iit
11
niiil)ci*
of
iiispwtoi-s
ivatc*liiucn
an(
1
fiagiiiei1
to
lw
appointed
hp
that company
Por
watt.hing
their
idwiys property
ant1
works
with
reference
to
ant1
(luring the execution
01
the
inteiiclecl
vorks
aiicl
for
i*(~i~stj1ial)le
csp('l1ses
01'
(~iiiploy~~~(~iit
1)~
thcni
01
:i
1s
[O
EDW.
7.1
Great
Central
Railzoay
(Various
Pozocrs)
[Ch.
IXXXV.]
Act,
1909.
preventing as far as niay be
all
interference obstruc-
A.D.
1909.
tion clanger antl accitleiit which may arise from any
of
the operations or iron1 the acts
or
defaults of the
Conipany or their contractors
or
any person or persons
in the employment of the Company or their contractors
with reference thereto
or
otherwise
:
-
Notwithstanding anything. in this Act contained the
Coni-
pang shall be responsible
for
and make good to the
1,ancashire Coiiipany all
costs
losses daniages or
expenses which
inay
be occasioned to tlieiri
01-
to any
of
t>heir railways
~~orkn
or property or to the traffic
thereon or otherwise
l)p
reason of the execution
by
tlie Company of the
works
upon the said portions of
railways or
by
reason
of
the failure of snch works
or
by any act or oiiiission of the Company or ally of the
persons in their eniployment or their contractors agents
or
others eiiiployed in such execution and the Company
shall effectually indemnify and hold harmless the
Lancashire Coinpany from all claims and demands
upon or against them by reason of such execution
or
failure and of such act
or
omission:
(S)
If
at any time hereafter the Lancashire Company
shall
be
desirous of using lands now belonging to them for
the pnrpose of extending widening
or
altering their
railways
or
works the Company shall give to the
Lancashire Company a11 proper ancl reasonable facilities
for
that purpose notwithstanding aiiy easement which
the Coiiipany may have acquired From tlie Lancashire
C'onipany for the purposes of the junctions
of
Railways
Nos.
1
and
2
3
arid
4
and any extra cost the Lanca-
shire Company
maj-
lie pnt to in carrying out snch
widening or alteration
in
the parish of Ince-in-IVdcer-
lield by reason or in consequence of the construction
of
Railways
Nos.
1
arid
2
shall be repaid to them
by the Coiiipaiiy
:
(9)
Tlic
Company
shall
not
for
the purposes of the junctioiis
ol'
Railways
Kos.
1
and
3
herpinafter in this subsection
rcferred
to
witliont the consent
in
writing of the
I
,ancashire Company under their common seal purchase
or
acquire aiiy portion of the lands I2elonging
to
the
Lancashire Company within the liniits of deviatiori
E2
19
A.1).
190!).
[Ch.
IXXXV.]
(hat
Ccntrai!
Railioay
(Vu~ious
Pozoc~s)
[O
EDW.
7.1
Act,
1909.
sho\\n
oii
the deposited
plans
in
thc
county 1)orongli
of
IVigan aiid the parish aiid
~irhan
district
of
Incc.
tiiid
in
the palish
aid
borough
of
Ashton-inider-T,ytIc
hit
tlie
Company
niag
purchase
and
take
mcl
th(.
Laiicashirc
Coiiipany
shall sell
ancl
grant
accordingly
;in
e.asenient
or
right of using
so
niuch
of
the
lands
ol'
the>
Ihcashire
Ciompaiiy
sliowii
011
the
clepositd
plans
as
inay
be
nectmnry
for
thc
constrnctioii of tliv
jnnctioiis
of
1Zailwaj~s
Nos.
1
aiirl
3
with the railways
ol'
the
Lancashire
Company
under
the provisions
of
:
(10)
Escvpt
for
the
piirposes
of
the junction
of
Railway
No.
1
with
the
railway
of
the 1,nncashii.e Company the
Coiiipaiiy shall in
tlie
construction
oF
the Railways
Xos.
1
mcl
2
keep
their
iiorthei~iiiiost rail
at
a
distancr
01
iiot less than tweiity-six
1
iiieaswecl
square
to
th(1
mils
from tlie soiithern~iiost~ rail
(I€
tlie
Imicashire
aiid
Yorkshire
Iiailway
is
iiow
existing
aiicl
save
as
is
by
the
last preceding sulisection provide(1 the
Coiiipaiiy sliall
not
Foi-
the purposes
ol'
Ilailn-ays
Kos.
1
or
2
withoiit the consent in writing
of
the Lancashire
C'oiiipaiij-
under
the
ir coiiiiiioii
seal
purchase
or
acquire
any
portion
of
the laiids
of
tlie
Lancashire
Conipany
in
the parish
and
1~0rough
of
Wigan
or
the nrliaii
clistrict of
Iiice
011
tlir
iioi-thtim
side
of
the
Idancashire
Coiiipaiiy's
railway
01'
S~VP
as
aforesaid
aiiy
portion
11eai~r thereto oii the
soiitherii
side tliereof
than
shall
IF
iqiiired
for
cwiistriictiiig thc
said
railways
so
that
the
iiortherniiiost rail thereof shall
be
at
n
like distaiiccl
I'roiii
the
said sontherniiiost rail
01'
the Lancashire
and
Yorkshire Railway
:
(11)
Save
as
is by snlismtion
(9)
01
this section
provided
the
Coiiipaiiy
shall iiot
for
the
purposes
of'
Railways
SOS.
3
or
3
withoiit the like conselit in writing
purchase
or
acquire
aiiy
portion
of'
tlirl
lands
of
the
IJaiicasliire
Coi1ip;tiiy
iii
the
parish
aiitl
lioroiigh
of
-\sht on-~iiicl(~-Lyiic n-itliiii
a
clistancc~
of
t
R-cbiity
f'wi
Iroiii
the.
soiithci~iiiiiost rail
ol'
tliri
I,;uicasliii.c>
Poiiipa~iy's
l?ail\ray
as
110iv
existing
:
(
12)
'.L'liv
t*onsitleratioii
to
I)r
paitl
lor
aiiy
laiicl
caseiiieiit
or
right
acquirecl
by
the
Company
under
the last three
preceding subsections
of
this
section
shall
in
case
of
20
clispu1c
I)(’
(Icfc~rtiiiiityl
ill
ill(.
~iia~iiior
provi(I(>(l
I)!.
i
hcs
1;i
I
I
(
I
s
c
)i
hv
1-w
i
w
t
1
1.1).
I!w).
-
[,;111ds
(~1;LllSoh
rlc
with
1*tqw(.1
to
l)iitx*li;Lh(~
01
I
I)y
a~l~c~c~lllc~l~l
:
(1:))
‘1’1~~
Coiiipaiiy
shill
;if
ilicir
oivn
c~speiis~
provitlv
oi~
tlicir
owti
lantl
;it
or
iiwr
tlir
jiiiictions aforesaid
all
proper
coiinc~c*tions
sidings
ant1
ac.1.oniiiio~l~Ltioii
to
the
re;ison-
able
s;itisf;uatioii
01’
thc
1,aiicashire
CYotiip!aiiy
for
tlir
iiitrrc~li;iiig$.c
mid
Forwarding
of
traffic. to
ant1
froiii
th(>
11-oni
xiicl
to the r;tilways
01
the Lancashirt~
(1
4)
11’
in
thr.
opiiiioii
oi
ihe
Laiic.ashire (loiiip;iiiy
it
s1i:ilI
1)e.c~~iie
nrcessary
hi.
that
c~nipaiiy
to
purclinse
or
pap
c~oiiipeiisntioii
foi.
;my iiiiiierals required to be left,
niiworkecl imtler the portioii of their property in
respect
of
which
tlie
Company may under the
powers
of
this Act liave acquired an easement then tlir
Coiripaiiy shall on tleiiiaiid pay to the Laneashire
Coiiipaiiy
a
fair proportion
of
such purchase iiioiiey
or
coiiipensation aiicl
of
all
costs and expeiises iiicurretl
by
them in relation
to
an!-
siich
purchase
or
payment
of
compensation
:
(I
5)
Tf
any differencp shall arise between the Company
ant1
the Lancashire Company
or
their respective engineers
under
this section such difference shall except
wliei~
otherwisr provided
be
referred to
and
be tleteriniiietl
137
an
engineer
to
he
appointetl failing agreement
by
the President
of
the Institutioii
of
Civil Engineers
on
tlie applicatioii
of
the Coriipaiiy
or
the Lancashire
Company and subject as aforesaid in accordance with
the provisions
of
the Arbitration Act
:
(16)
The
provisions
of
this section shall be in addition
to
and
not in substitution
for
the provisions
of
the Railways
01‘
an>-
other general
Act
incoryoi-atcd
\I-it11 this
Act.
C’o1npany
:
16.
Kotliing
iii
this Act cviitaincd
sliall
altcir
01’
aff
the
As
to
C‘olil-
liat~ility
of
the
Clonipaiiy
to
pay
under
any agreement snI)sistiiig
bility
for
IIW
ljetmeeii tlicl Co11lpaii~-
allcl
the LnncashiI*e
ant1
r’orkshiw Railway
OF
siding5
:,t
Company
for any
marshalling
or
escliaiige services re1iderc.c
1
to
the traffic
of
the
Conipaiiy
at
tlie sidings at Philips’
1’m-k
iiot,withstancliiig that the point of exchange
is
at Ashtoii
Moss
instead
of’
Philips’
Parlr.
‘’‘1-
Park.
R::
1’1
A.1).
1909.
17.
For
tlir protcction
of
the
T,adj7
Isabella
Georgians
ors
ant1 assigiib or otlulr
AL:
to
1:tiicI
reqiiirecl
at
the owner or owiicrs for the time being
of
Cusworth Hall Estate
and Warinsworth Hal1 Estate (all
of
whoin
are in this section
Edlington
for
Railways
xou.
j
alld
6.
inchitled in the expression
“
the owiier
”)
the following provisions
shall
iiiiltw
otherwise iigrecd between the Coiiipany
aiitl
tlir
o~vv~icr
Iw
observed ant1 haw
ckt
(that
is
to
say)
:-
In the event
01
the Bill promotetl in the present session
01
Parliament itntler the short title
of
“
Hull
and Bariislej-
Railway
”
receiving the sanction
of
Parliament during the
present session the price and coinpelisation to lie paid to
the owner in respect
of
the land taken by the Company
and
the
Hull
aiid Barnsley Railway Company for the
purposes of the railways constructed or to be constructed
under the powers of this Act and
of
the said Bill if it
should become an Act or either of them shall failing
agreement
as
to such price and compensation between the
owner and the Company and the Hull and Barnsley Rail-
way Company or either
of
them be determined at the
option
of
the owner by one
and
the same arbitrator to be
appointed by the President
of
the Surveyors’ Institution
and such arbitrator after taking into account the circuni-
stances
of
both railways shall by his award apportion the
amount payable by the respective companies Prorided
that in the event of the provisions
of
this section being put
in
force the interest payable uiider the bond mentioned in
section
85
of
the Lands Clauses Coilsolidation Act
1845
shall be three pounds per centum instead
of
five pounds
per centum
as
in the said section provided.
As
to
line
ailcl
level
of
Railway
No.
5.
18.
If
Railway
No.
3
described in the Bill promoted
in
the
present session of Parliament under the short title
of
“Hull
and
Bariisley Railway
”
be authorised between the distance
of
one mile and four furlongs or thereabouts aiid the distance
of
tw7o miles or thereabouts respectively from the coiiimencenient of
that railway
as
shown on the deposited plans relating to the
said Bill but not otherwise the following provisions shall have
eBect (that
is
to say)
Railway
No.
5
by this Act authorised between the distaiice
of
three furlongs and eight chains or thereabouts and
the distance
of
one mile
or
thereabouts from the com-
ineiiceinent
of
that railway
as
shown
on
the deposited
22
1,1;~15
iiiitl
w~tioiis
sliall
I)('
coii&.u(
(1
IIOI
II~~Oll
1lLC~
i.1).
I!)nn.
tyut re
line
;incl
iIt
tho
lc~\-c~ls
~ho~vii
011
t
Irc,
tlcpositc>tl
1)1;iii\
ailcl
w-fioiii
I)iif
ripoii
(,bo
(-('iitrc:
liiic
;mtl
;I[
thc
lt~wls
hlioivii
ripoii
it
1)l;it~
sigiie(l
in
(lriplit-;t1(~
1))
J
aiii~h
I
kliijaiiiiii
I
:all
OII
l3elialI
01
tlie
Cloiii1);iiiy
aiicl
1)y
Itichartl
Pawley
011
I)ehalf
ol
the
Ilril!
aiid Bii1.1lslcJT
Ilailway Co1111~an~ I'rovidcd
;il~vag-s
that the
centw
liiic
ant1
lwels
.;ho~~ii
on the plan sigiietl
1na~-
11)-
agrwneiit
irnder
tlie respective
(~)iiiiiion
seals
of
t,he
C'oiiip;tiiy
;incl
the
Hid1
aricl
Earnslcy
Railway
Coin-
l);iuy
Init
iiot
otlici*wise
I)e
varied
lirit
only within
thc
st;ttiitorg-
po-wc~:,
of
the said coiiipaiiieb
:
(2)
Aiiy
questions arisiiig lxtween the said coiiipaiiies
as
to
the tahiug purchase
or
owiiersliip
of
or
e;isemeiits
over 1indc.r
or
through any land
or
property which
will lje requirecl
for
the construction
of
their rtlspective
railways
or
the construction or cost
01
construction
or
maintenance
o€
any
ii-orlw
at
or
near
the point
of
crossing
of
the said railways shall I)e determined
I)y
:in
arbitrator to
he
appointed
011
the application
of
either Coinpauy by the Yrcdeiit of the Institution
oJ'
(-'id Engineers and the provisions
of
the Arbitration
Act
1SS9
shall apply to
the
tleterniination
of
any
such question.
19.
For
thc protectioii
of
the couiit5- council
of
the west
FO~
pro-
ricliiig
of
the couiity
of
York (in
this
section calletl
''
the county
tcctiou
West
Riding
of
council
")
the following provisions
shall
have effect
in
the esecn-
Count\.
I-
tion
of
the
works
hy
this Act authorised unless otherwise agreed
~OUU(~L
in writing lietxeen the county council and tlie Company [that is
(1)
The bridge
for
carrying the Ihiicaster anti Tinsley inaiii
road in the parish
of
Warnisworth
over
Hailway
No.
5
by this Act authorisecl
shall
lie
of
a
ividth not less
thaii the existiiig width
of
the portion
of
the said
road
between the fences thereof which will
be
carried
by
the snit1 britigc
arid
the parapets
of
such
Idge
shall
be
in
line with the fences
of
tlie
said road
:
(a)
Tlic
Coinpally
shall erect
ancl
maintaiii
for
hircli
distance
Ijegoncl tLe parapets
of
the said bridge
;is
the comity
council
may
reasonably require substantial close
sci'eens
of
not
less
height than five leet six inches
to
1:
4
23
A.D.
1909.
and such screens
shall
be
constructed
in
such manlier
;is
the coiuity council shall reasonably require
:
(3)
The
Company shall not coinmelice to construct any works
which will interfere with the said main
road
nor to
construct
any
temporary or su1)stitnted road in accord-
ance with the provisions
of
the Railways Clauses
Consolidation Act
1845
until t1ic.y have gioen to thc
siirveyor
of
the county council iiot less than twenty-
eight days' notice
in
writing of their intention
SO
to
commeiice
such
works accompanied by plans sections
and specificatioiis showing the natnre of the said works
so
far
as
they
affect the
said
road and the position
width and
mode of
formation of any such temporary
or
substituted road iior until plans sections and speci-
fications
as
aforesaid have been approved by the said
surveyor
or in
case of diflerence between him
and
the
Company
by
an
arbitrator
to
be appointed
as
hereinafter provided Provided always that if the
said surveyor does not within twenty-eight days after
service
of
any notice plans sections and specifications
signify
in
writing his approval or disapproval thereof
or
other
his
directions
in
relation thereto he shall
be
deemed to have approved the same
And
the Coni-
pany
shall
corriplp with all reasonable directions
ant1
requirements of the county council in relation to the
execution of the said works
so
far
as
they affect
the said road
:
(4)
Any such temporary or substituted
road
as
aforesaid
shall
be
properly clrained and kept in repair by the
Company to the reasonable satisfaction
of
the surveyor
of
the county council
:
(5)
The bridge for carrying the said road over the railway
shall lie constructed and maintained by the Company
in
such maimer
as
at
all
times
to
support
all
traffic
lawfully using the main road
and
also
any steam
roller that the county council
or
other local or road
authority
inay
use
for repairing the roadway
:
(6;
It
any difference arise between the Conipany
and
the
county coimcil
as
to the true intent and iiieaniiig
OF
any of the provisions
of
this sectioii
or
anything to
be
done or not to
be
done thereunder
or
as
to the
24
reasonableness
01
any requiretiicmls or tliiwtioris givcll
or
made by
or
on behalf of the county council uiicler
the provisions
oC
this section such difference
shall
1)c
settled by
ail
enginecr to
ljc
agreed
up011
bet>wc>cll
the
Conipany
ancl
the cormty council
or
I'ailing agree-
iiieiit to be appointed by the President
of
the Iiistitutioii
of
Civil Engineers
on
tlie application
of
eitlier
of
the
parties
in
cliffei*ence after notice in writing to tlie oth~
and subject
;is
aforesaid the provisions
of
the
Ar1)i-
tration Act
18S9
shall apply to the settleiiient
of
any
snch difference.
A.D.
1909.
-
20.
For the protection of the llearii~ Valley Itailway Coin-
For
pro-
tectiou
of
Val-
ley
Railway
C'omlmny.
pany
(in
this section called
"
the Dearne Vdley Coinpany
")
the
following provisioiis shall have effect (that
is
to
The Coinpaiiy shall carry I?ailway
No.
5
over the railway
of
the Dearne Valley Company
by
meaiis
of
a
girder
bridge with
a
span
of
not less than fifty-seven Eeet
measured
on
the square
and
having
;L
clear headway
throughout of not less than fifteen Feet from the npper
surface
of
the rails to the underside of the girders
:
(2)
The Company shall construct tlie portion
of
railway
(including the bridge referred
to
in the last preceding
subsection) where the same will be
itiade
over
or
mill
interfere with any laiicl railway siding or other
work
belonging or leased to
or
worked
by
the
Deariie Valley
Company according to plans sections and specifications
ancl
of
a
quality
aiid
btreiigth
oC
material to
lie
pre-
viously sulmiitted to
and
reasonably approved
of
in
writing
by
the principal engineer of the Deariic. Valley
Company
and
the Company shall riot coiiinieiice the
construction
of
the
said
portion
of
railway
or
enter
upon
or
interfere with
any
lands
works
or
property
belonging to or used
by
the Dearne \'alley Company
until such plans sectioiis aiid specifications
have
Iwn
SO
subiiiittetl ant1 approved Provided always that
i
C
the said principal engineer shall
for
the period
ol'
on('
nionth neglect
or
refuse
to approve such plans sectioiis
or
specifications or shall disapprove the same
and
in
case the said principal engineer aiid the engineer
of
the Coiiipaiig fail to agree
or
if
any
difference arise
lxt-creen
them
the said portion
of
wi1w:iy ancl tlie
saitl
25
A.D.
1909.
woi*lis
shall
he
cwiistructcd according
1
o
[his
.;ec%icjiih
and
specifications to be submitted to aiicl
approvet1
I)y
ai1
(.nginecr
to
be
agrecd
upon
or
iii
tlcfan11i
ol
agrewiciit
to
bv
appoiiitecl
at
the>
rcxlitest
oC
oithoi*
thcl Conipaiiy or the
I_)eariic\
\Tall~y
Conipaiiy
hy
tlicl
President
of
the Iiistitntioii
01'
Civil Engiurors
:
incident to the construction thereof
or
aft'cxting
tlr~
property
or
works
of
the Deariie Valley
Coiiipaiij-
shal
I
he esecut,ed
1)s
aiicl in
all
things :it the expense
oC
the Coinpaiiy
ancl
under
the superiiitendence
ant1
to the reasoilable satisfactioii
oi
thtl
said
principal
__
(:3)
'rhc
said
portion
of
railway
and
all works
iieee
cngiiieer
:
(-i)
The Coinpaiij- shall take all possiblt. precaiitioiis iii tlie
execution
of
their
works
to
prevent
nnj-
interferelice
with the
free
ancl iininterrupted
and
safe
me
in
the
ordinary inaiiner and at the
orc1inai.y
rate
of
speed
of
any
railway
or
siding
or
other
rvorli
b~loiiging
to
the
Deariie
Valley Coinpaiiy
:
(5)
During the constrnction
of
the railway
orer
and acljoiiiiiig
and
near
to
or
affecting t8he railway property and
works
01
the nearne Valley Coinpaiiy the Coiiipaiiy
shall
bear
and
011
deliinlid pay to the Dearne T'alley Coinpang-
all
reasonable expense of eniployiiient by them
of
a
SUE-
cient iiuniber
of
inspectors matchinen
nncl
flagmen to
lie appointed
lq
that
company
for
watchiiig their
railway property and works with reference
to
;tiid
thiring
the
execution
of
the iiiteiiclecl
rvorks
and
for
preventing as
far
as
may
be all iiiteriereiice o1)struc.-
tion
danger
and
accident xvliich
iiiny
arise
from
any
of the operations
01-
froiii
tlie
acts
or
defaults
of
tlie
Coiiipaiiy
or
their contractors
or
any
person
or
person:,
in
the einployiiient
of
the
Coinpaiiy
01.
their c.oiitractor,i
with reference thereto
or
otherwise
:
(6)
If
by reason
of
the construction of the
morlis
01
tlie
Company it sliall ljecoiiie necessary to specially
aclc
L
to
or
alter
any
signal-cabins signal-posts
or
otlier
siiiiilar
worlis
on
the railway
of
the Dearne \'alley
Company the Dearne Valley
Compaiij-
iiiay
iiiake
siicli
alterations and the reasoiiahle expense
of
sitch
atltli-
tions ancl alterations shall
lx
repaid by the Conipa11~-
26
on
deinaiid and the cost
of
niaintainiiig ancl working
A.D.
1909.
any additional signal-cabins signal-posts and signals
or other similar works and
a
fair proportion of the
cost
of
maintaining aiid working
any
altered signal-
cabins signal-posts signals or other siniilar works shall
at, the end
of
every
lid€
year he repaid
1)~
tlie
Conipany to the Dearne
Va1le.y
Company
:
(7)
The Conipany shall at all tiiiies iiiaiiitaiii the said portioii
of
railway aiicl
all
the works connected thercwitli aiicl
incident thereto
by
which the
railmij7
shall
be
carried
over or which shall acljoin the railway works and lands
of
the Dearne Valley Conipan~ in snbstantial repair
and good order. to the reasoiialde sntisfactioii
in
all
respects of the said principal engineer
aiicl
if
and
whenever the Company fail
so
to
do
the Dearne Valley
Company may make
and
do
in and upon
as
well the
lands
of
the Conipany
as
their
own
lands all such
works repairs and things
as
they may reasonably think
requisite in that behalf and the
sum
horn time to
time certified
by
the said principal engineer
to
be the
reasonable aniount
of
such expenditure shall be repaid
to the Dearne Valley Company
by
tlie (lonipany
:
(S)
The Company shall also at all times maintain the bridge
and other works
by
which the railway shall be
so
carried over the railway ancl lands
of
the Dearne
Valley Company with the height and headway before-
mentioned and
if
any subsidence shall occur
l~y
which
the level
of
such bridge and other works be lowered
then the Coiiipaiiy shall
at
their
ovn
cost whenever
called upon
by
the Dearne Valley Company to do
so
raise or lift the bridge
and
other works over the
railway and lands of the Dearne Valley Company
to
the height and level above Ordnance datum at
which they were originally constructed nnder the
provisions of this Act
:
(9)
If
by
reason
of
the execution
or
faihire
o€
any of the
works
of
the Coiiipaiiy or
any
act or omissioii of the
Company or
01
their contractors or
of
any person
in
the employment
of
the Company or of their eontractors
or otherwise
any
railway sidings
or
other works
belonging or leusecl
to
or worked by the Dearne Valley
-
27
Cunipny
shall
bv
injiircd
or
rlaiiiaged
siic.11
injury
sliall
be
forthwith
made
good
by
the
C'oiiipany
ai
thcir
owii cxpense
or
in
the
event
of
thcir failiiig
so
to
(10
tlieii
th(~
DC~~IIP
Va1lc.y
Coiiipa~iy
1i1tly
ini1k(l
good
thv
si~iiie
and
rcasoiiabl
expt'iisc
thcirool'
shall
be
repaid
to
tlie
Ilenriie
Vallc~y
Compaiiy
by
the
Compaiij-
011
de1ii;incl aiid t>he Company shall indeiiinifj-
the Dearne Talley ('oinpnny against all losses whicli
the Dearne Valley
Company
niay
sustain
ant1
shall
pay
all
costs charges and expenses which the
Dearnc
Valley
Company
may
lie
put
to
or
iiiciu by reason
of
thr
execution
or
iailiirc
of
any
of
thcl
worlis
01'
the
C'oinpaiiy or
any
act
or
oinissiori
of'
the Coinpally
01-
their
coiiti*nctors
or
my
persoil
in
tlw
~~ii~ployinc~nt
o€
the Company or their contixctors
or
othern-ise
:
(10)
The Coiiipaiiy shall
iiot
(except with the previous
consent of the Dearne Valley Company under their
common
seal) pnrchase
or
acquire any
of
the
laiids
or
property
of
the Deame
Valley
Company
but
thc
Company inay purchase and take and the
Deariic.
Valley Company shall sell and grant accordingly
an
mseinent
or
right
of
using
$0
much
of.
the
laiicls
of
the Deariie Valley Coinpally
as
may
he
necessary
for
the construction
of
the railn-ays by this Act authorised
and
the consideration
to
he paid
for
any easement
01-
right acquirecl
liy
tlie Coiiipany iuiicler this sulxwtion
shall
in
case
of
dispute
be
determined in inaiiiier
provided
by
the
Lands
Clanses Acts with respect
to
the purchase
of
laiids othervise
than
by agrernimt
:
(11)
If
any difference shall arise between the Compa1i~-
ancl
the Deariie Valley
C'oinpaiiy
or
their respectivci
engineers touchiiig this section
or
anything
to
I)?
done or iiot to
he
done
thereiinder
or
any
~noney to
he paid thereunder such difference shall except where
otherwise
proviclecl
he
referred
to
and
IIC
detrrniirletl
by
:in
engineer to
lx
miitiially iiomirratecl
l~y
such
respective eiigineers
or
failing agreeiiieiit
to
1)~
appoiiited
by
the President
of
the Institution
of
('id
Engineers
011
the
application
of
the Company
or
the
Dearne Valley
('oiiipany
and
the
provisions
01
thr
Arbitration
Acat
1889
sliall apply to
any
SIIC~
refereiicc>
:
28
[‘3
Euw.
7.1
Grcut
Ccrztral
Railway
(Variorrs
POK(J)*S)
[Ch.
IXXXV.]
Act,
1909.
(12)
The
Company
arid
the Deariie
Valley
Coiiipanp may
agree
A.U.
1909.
for
any
variation
or
alteration
in
thc works in this
__
section provided
for
or
in
the manner in which the
saiiie shall
be
executed.
2
1.
The
Co~iipally shall
so
coilstruct Railways
30s.
5
and
6
As
to
accesa
of Dearne
I),y
this
Act
authorised
as
iiot
to
iinduly obstruct
or
interfere with
Val,ey
the railways whereby
the
Dearne Valley Railway
ill
Iw
cwnnected
way
Coni-
with the Edlingtoii
or
Yorkshire Main Colliery
or
thc sidings to
~~~n~o,,
I
)P
provided for the accoiiiinoclatioii
01
thtl traffic
011
sidi
railwiys.
Any
difference arising
illider
this
section bliall
be
determined
011
the application
of
either 1)arty
1,s
2111
arbitrator to
1w
appointed
in
case
of
difference
1)y
thc
l’rcsiclent
of
the Iiistitirtion
oL
Civil
Engineers aid
SiLVt’
as
aforesaid the provisioiis
of
the
hrl)itrc
<1
t’
1011
Act
1880
shall apply
to
any s1ic.h
arbitration.
Colliery.
Iir
entitled
to
the
same
ruiiiiiiig aiicl other
poivers
aiicl rights
Grcxt
xortll-
ern Railway
over ancl
in
respect
of
the
i*ailn.ays
by
this Act authorised
as
they
Compally.
iiow
have
or
are
eiititled
to
over
or
in respect
ol’
the railways
of
the
Coiiipany
n7est of
tlir.
Great Northerii main line or west
of
the West Riding aiid
Grimsby
liiic iuiclei. the provisions
of
an
agreeiiient contained in
thc
Third
Schedule
to the Manchester
Sheffield
and
Lincolnshirc
Railway
(Extension to London &c.)
Act
1893
ancl an agreeiiieiit dated the
ninth
(lay
of
,June one
thoiisand
eight limidi*ecl
aiid
11
inety-foul-
and
iiiatle
1)etweeii
the
Xanchestci. Shefieltl
and
I,incolnshi~-e 12ailmar Coiii1)any
of
the
one part aiicl the
(+real
Xoi.tli~rn
12ailway Coiiipaiiy
of
the other
part and
as
froiii the date
of
this Act,
the
provisions
of
clause
24
of
the said first-nieiitioiied agreement
shall
iiot
apply
to
so
much
of
the railway
01
the Coiiipaiiy described in that agreement
as
‘‘
the railway
from
Doiicastcr to Rariisley
”
as
lies
to
the eastward
of
the junction with the
said
railway
of
1Zailnray
No.
5
by this
-1c
t
au thor
i
se
d.
23.-(lj
Thc Midland liailwny
Company
iiii~y
run
over
and
For
pro-
iiiiiiil)ci”I
5
aiitl
G
1)y
this
>I(*t
:iutliorised togrt1ic.t. with
all
stations
(‘onl~ll~.
sitlings watering
placw
hiiildiiigs ancl appurtenances
works
aiicl
cbonvenieiices belongiiig to
or
connected with or used in c:onnwtiou
with the
said
railways
an
cl
stations respectively.
29
[Ch.
IXXXV.]
Gwat
Cciztral
Railtfiuy
(Various
Powci*s)
[!I
EDW.
7.1
Act,
1909.
AT).
1909.
(2)
The terms conditions
and
rclgnlntioris to be observecl
and
frdfilled
and
the tolls charges
rent
or other considerations to
bc
paid by the Jfidland Railway Cloinpaiiy
lor
and in respect
of
their
IISC
of
the
said
~~W:IJ~S
works
ancl conveniences shall
be
such
;IS
iiiay
Iw
agreed upon between thc Coinpariy and the Alidlancl
Railway
C’lornpany
or
failing agreement
as
niay
be determined
on the application
of
either Company by the Railway and Cad
Coiiiniissioncm.
-
Diverbiou
01
24.
The Coiiipany iiiay stop
tip
and
divert in the inanncr
footp:Ltll,
:it
shown
oii
the deposited plans thtl yiil)lic footpaths hereinafter
wolll~~we~~.
cleycri
1x.d
(that
is
to
say)
:-
WRtll
allcl
In the
connty
of
York
(\\-est l
In
the parislies
of
West
Neltoii
aiicl
T~rath-upoii-l)earne in
the urlian district
of
~’atli-iipoii-l~eariie the Company
may
stop
up
and
divert the footpat11 leacliiig
from
TVath dlain
Collicry to I’ontrfracat Lane for
a
length of
168
chains
or
theimbonts conimencing at
a
point
1
chain or there-
abonts inensixred along the said footpath in
a
north-
msterly direction froiu the point where the said foot-
path
crosses
the north-easterly fence
of
the Conipany’s
railmay and terniinatiiig at
a
point where the said Foot-
path
joiiietl the lootpatli authorised
by
the Great Central
Railway Act
1004
to
be
stopped
up
snbstitntiiig therefor
a
new
footpath
conimeiic~ing at the point
first
above
cleicl-ild ant1 teriiiinnting in Pontefract
Lane
at
OF
almxt the point where the northerly feiicc of the (loin-
ptiiy’s
rail\r-aj- croses the
easterly
feiicc
of
Pontefract
1,ane
;
In
thc
parish
ant1
url~~i district
of
\Yonibwell
the
(lompany
iiiay stop
up
nntl
divert the pirblic footpath
on
the
north-nrestern side
of
the Coltipany’s railway between
\l’oiiib~\-oll
Tmie
and Sniitliley Laiie substituting therefor
;t
new
footpath
on
the south-eastern side
of
the said
1
chain
or
thereahonts sonth-eastwarcls
froin
the centre
of
thc
cros5iiig
ol
the iaitl railway
over
T1Toii1bwcll
Lane
mtl
tcriiiiiiatiiig at
a
poiiit
iti
the iiortherly fence
of
Smithlej-
Imic
cliaitr
or
i,liereabouts eatst\mrds from
the
crossing
of
the Woiiih~vell Xain Colliery Branch
Railway over the said Siiiithley Lane
1”
di
‘1
T\
-
ay
coniiiiencing
in
T~~onilnvell Lane
at
a
poiiit
3
0
[9
Euw.
7.1
Cheat
CciztraZ
EaiZtcay
(I’cc~ioiis
I’o~ors)
[Ch.
lxxxv.]
Act,
1909.
Ancl
siibject
to
the provisions
of
this
Act
tlie Conipaiiy
may
for
thc
piirposvs
of
the
said
stopping iip
and
diversions cmter upon
take and
use
so
niuch
of
the
lands
tleliiieatetl
011
thc deposited
plans
and
described in
the
deposited
boolrs
01
refereiice
as
iiiaj-
bc>
required for that, purpose.
25.
Where this Act authorises the diversion
of
a
road or
lootpath
or
the substitution
of
a
iiew road or footpath
for
an
clxisting road
or
€ootpath and the stopping
iip
of
the
existing
iuad
01-
footpath or portion
tliercof
such stopping
1113
sliall
not
take
place iiiitil two jiistices shall
have
certified that the
lieu-
roatl
or
footpath lias
1)reii
coiiipletetl
to
their satihfa(’tioi1
aiicl
is
open
for
piiblic
iise.
13e.loi~e
applying to
the
jiihtices lor their c*ertiticate
tllr
Coiii-
p:ui~- shall
gii7-e
to
the.
road
authority
of
thv
district in which
thc
esihtiiig
road
is
sitri;itcl seveii
days’
notice. in writing
of
their
iiiteiitioii to
tLpplJ-
for
the
saiiie.
A\s
lroiii
tlir
date
01‘
tlie
said
certificate
all
rights
of
way
over
or along
the
existing
roatl
or
footpath
or
portion thereof
sliall
ljc
estiiiguished and the C’oiiipany
iiiay
siiljject
to
the
provisions of the Railways
Clauses
Consolidation
,ht
1845
with
respect
to
iiiines lying iiiitler
or near
to
the
r;ailway appropriate
ancl
iiw
for
tlie
piirposw
of
their iintlertakiiig the site
of
the
portion
of
road
or footpatli stopped
iip
as
far
;is
the
same
is
l~omidecl
on both sides
l)y
Iaiiclh
of
the
(’ompan:-
:
Provided
that
tlie
Co111pa11j-
shall
iiialie
hill
coiiipc~iisatioii to
all
parties interested in
respect
of
any
private rights
of
way
cstingnished
by
virtite
of
this section
aiicl
slicli coiiipeiisatiori shall
Iw
settled
in iiiaiiner provided
by
the
Laiids
Clauses Acts witli
reference
to
the
taliing
of
laiicls
otherwise than
ljj*
agreement.
26.
Snbject
to
the provisions
of
this Act
ant1
in acltlition to
tlic other lands which the
Conipany
;\re
11s
this Act authorised
to
acquire the
Company
niay
eiiter iipoii
take
iise
ancl
appropriate
lor
the gencral
piirposes
of
tliclir iindertaking
ant1
works
con-
i)
clctotl
thcrenri
th
nu
tl
for
1
)rovicl
i
iig
iiicrcasc~tl
accoiiiiiiotlnl
ion
dl
or
any
of
tlic
laiitls
Follo\yiiig
tlt~liiieatc~tl
oil
tlic
tltyositt~tl
plans
aiid
tlc~scrilied
in
the
tleposite(1
books
of
rcift’rmcc
relating
thereto
aiid
may
hold
For
all
the piirposes
of
their said
niider-
taliing such
of
those
lands
as
have
already
lxeii
purchased
mil
A.D.
1909.
stopping
up
road
and
footpath
iii
case
of
diver-
sioii.
Additional
lands
for
Great
Ccii-
tral
Com-
pany.
the
siiiiiv
shnll
l)c
cleenietl
to
he
hnds
acquirctl iunder the
I
oJ
this
Act
(that
is
to
thc county
01
1,incolii (parts
oi
Liidsey)--
strip
of
land
in
the
parish
and
urban
disti
Scimthorpe sitnatcl
011
tlw south-east sitle
of
;i
(lj
oiniiig thc
C
'01
I
I
piny'
s
railwq
froiii
13ariisl
1-hnirtl)j-
het\wrn two points
on
the
said
r;
ixispecti\-ely nicnsurctl
ISA
cliaiiis
or
thereabout
23
A
clxiiiis
or
th(>real,outs along the
sou
thern
1)on
tlicwol'
ill
;I
iiorth-oastcrlj- tliimdoii froin
the
cell
thr.
Stxtioii
lioacl
I~vel
(mssiiig at Frodinghani St8
.l
strip
ol'
land in tlie
parish
ant1
urban clistri
Scunthorpc
ant1
ill the
parish
01
Appleby
in
the
district
ol'
Glaiifoi~l
Rrigg
on
the
south
side
oj
:id
joining
the Conipaiiy's railway
€1'0111
Uarnslt
13arnethy
aiicl
the C'oinpany's Saiitoii 13ranch and
e
I,etweeii
a
point
on
the
said
railmiy
4
chains
or
a1)outs
nicamrrtl
along
that idmay in
a
north-ea
tlirectioii
froiii thr
(witre
of
the
sigiial
1)ox
linown
2
North
Linc*oln
sigiinl
110s
mcl
the north-eastern
c
of
the
enclosiire
iiiiiiil~ered
364
iipon
the
Ordnance
of
the coiiiity
of
Tiiicciln (parts
of
Lindsey) sheet
X
(scale
z:,),))
2ntl
ctlitioii dated
19017
:
In
thc county
01'
I'o1.B
(West
Riding)-
C(>rtairi
lmi(1s
ill
th(.
parish
of
Warnisn-ortli
in the
clistrict
ol
Doncastcr sitnatt> oil the soiitl) side
o
ad
joiiiiiig
tli(1
('oiiipaiiy's
13ai.i1sley
to Barnetby
ra
tiiitl
lying l)rtnwii tlie north-eastern l~omidary
fen
Gliest
Laiic.
ancl
thv
western 11oiiiidary
of
the chiircl
ol
8t.
Peter's
Ch1irc.h
:
hiid
the cqxiiditrirci
of
iiionoy
1))-
the1
Coi1ip;my in
or
al~oit
piircliasv
of'
the.
i;ii(l
laiidi
i\
hri.el)y sanctioiic'd
aid
contimit
aiid
niay
hold
for
a11 the
purposes
of their said respwtiw
iiii(1or-
A.V.
190:).
tdiings
or
either
of
Ihcm
siitih
o€
those lands
as
havr
;ilr~.ndy
lwii
purchased
aiid the
same
shall
be
deeiiied
to
be
lands
acqriircvl
iuidcr
the powers of this Act (that
is
to
say)
:-
In the county of Liiicolii
(parts
of
T,indsey)--
A
strip
of
lancl
in
the
pzrish
aiid
iirhan
c1istric.t
of
Scwi-
~ciii~tt~orp~.
thorpe sitnntc on the north-eastern side
of
aiitl adjoining
the railmay
of
the Korth Lindsey Company
ancl
on tlic
north-west side
of
mid adjoiiiiiig the Company’s iiiaiu
line
froin
Barnsley to Bnrnetby between
a
point
on
tht.
Xortli Linclsey Light
Railway
distant
2
chains from tlir
North Liiiclsey Company’s Frocliiighani
Station
sigiial
hox
iiieasured in ail easterly direction
along
the said
Xortli
Lindsey Light
Railway
and
a
point on the
Coiii-
paiiy’s railway distant
2S&
chains
€ram
tlic
saicl
signal
l~ox
measured in an easterly direction
;iIong
thc said Kortli
TJiidsey Light Railway ant1 the
Conipany’s
railway
:
..
Ancl
U
itli I-cspcct
to
the said laiids
or
any
of
thein the pro~~sioiis
of
this Act
:uid
of
any
Act incorporated therewith relating
to
thc
taking
aiicl
iiser
of
lalids
1)s
the
Co~iipanp
and thc execution
of
iyorks
tlic\~on
l)y
the Conlpally
shall
he
rd
and have effect
as
if the
C‘oiiipaiiy
or
the North Lindsey
Coiiip;iiip
hac1
l)ccii
11aii1c~l
tlierein.
OS
of
28:-
(1)
Iii
the
ewnt
of
any
slipping
iii
tlic
lxinks or 5i(ltis
1:or
po-
the 13ottesfortl T3cc.k
cai~sed
by
or
arising froiii thv cmistrriction
tectinn
Of
any
worlis
upon
the
lands
in the parishes of
Appleby
ant1
Rio,,ers
Sciiiitliorpe aiithorisetl to
be
acquired
1g
the Conipaiiy
such
slips
~e~erb
wl
shall he forthvith removed
by
the Coiiipaiiy
on
iiotiw being given
by
the
said
coinmissioners
or
other
tlraiiiage
ail
thority
ant1
the
Conipaiiy
shall
stxlw pile
or
otherwise
inake
seciire
the
haid
baiilis
01’
sides
at
all
tiiiiw to the reasonable satisfaction
of
the saitl
coiiiiii issioiiers
or
other cirainage authority niid in defaiilt thereof
the
said
comiiiissioiicrs
or
other
drainage
aiithority
ning
exccritc1
all
necessary
works
and
repairs
to
secure
the
said banks
or
si(les
as
aforesaid ancl niay
recover
the
costs
aiid expenses thereof
from
the Company.
commis-
other..
(2)
Nothing in this
Act
shall
bt>
coiistrrictl
to
ailthorise
or
c’lnpower thr Coiiipaiiy to intprfrrc with
or
lessen the free
flow
of
water
in
the
nottesfor-d
Beck.
C’
33
[Ch.
IXXXV.]
G‘retxt
Coitral
RniZzcay
(l’arioz~.~
POLCCYS)
[9
EIW.
7.1
,4ct,
190Sf.
1909.
(3)
The commissioners or other drainage anthority mid their
officials and worlimen shall at all times haw
a
free
and
nnintcr-
rnpted right
of
way
over and
across
the said
1:uids
nJhere the
same crosses my drains uiider the
control
of
the
said
c~omniissioners
or
other drainage authority.
-
For
pro-
tection
of
Oswe1d.
29.
For
the protection
of
the estate of
the
ICight
Lloiioiirable
Iiowlancl Baron
St.
Os~dcl
(hereinafter called
“
tlie
o~viicr
”
which
expression
shall
include his heirs successors in
estate
aiitl
assigiis)
the following provisions shall unless otherwise
agrcecl
ill writiiig
between
the owii~r and
thc
Company or the.
Korth
I,iiidst*;-
Conipaiiy
as
the
case
niay
be
have
effect (that is
to
say)
:
~
(1)
If
any
railway
or
works
to
1x1
constrwtetl
1)s
thc CYoi~ipanp
or
the Korth Lindsey
Conqx~iip
slitill
robs
ili~
iiiii~t~xal
railway
of
the
owner
or
tht>
sitcl
thereof at
or
near
the
point where the North Lindsey Light Railvay is
carried
over such mineral railway
by
a
bridge in
field
iii1iii-
beret1
3
on the deposited plans in tlie
parish
;incl iirlian
district
of
Sciinthorpe the
Conipaiip
01’
the
Korth
Lindsey Conipaiiy sliall either 11-ideii tlie existing
bridge
of
the Korth
Lindsej-
Conipany
or
shall
coil-
striict another bridge to
carry
siich
railwij-
or
works
over
tlie said iniiieral railway
of
thcl
owner
or
the site
thereof Such widening
of
thc said exihtiiig hridge
or
snch
new
bridge
shall
be
constriicted to
d-forcl
to the
owner the
same
headway arid the
saiiie
11
itltli
between
the abntinents
as
are iiow afforded
1)~
the said existing
bridge of the
North
Lindsey Coiiipaiiy
Ancl
if’
the
Coiiipaiiy
or
the North Lindsey
C‘onipany
shall
in
constructing any railway
or
vorks
cross
the
saitl
miiieral railway
of
the oivner at any
fur the^.
poiiit iii
field nmnbered
3
in the said parish
or
shall in
an!-
way
otherwise interfere with the
iise
l~y
the
owiier
of
his said mineral railway the Company
or
the Nortli
Lindsey Company shall construct such
~.orlw
as
niwy
be
reasonably required
to
make
good
siicli
interfcrmce
And the Company
or
the Kortli Lincltq C’oiiipaiij- shall
in any works to
be
constructed
hy
tliciii
pres~nc
to
the
owner and all others clainiiiig throngh
him
riglit
of
way
as
now existing
over
and aloiig tl~c
iiew
road
to
Lindsey
works
in the fields numbered on the deposited
plans
2
and
3
iii
the
parish
01
Sthriiithorpe
:
Lord
St.
34
(3)
‘l’he C‘oiii1xiiiy
shall
iiiiike
all
propei- provision to tlie
rcaso1~1)le satisfactioii
ol’
the
omicr
for
carrying any
~iiil~~~iiy
or
other
~~rlis
to
1~
colistrtlcltcd
0x1
~11~
part
of
thc~
piuperiics iiniii1)cwd
011
tlie cleposited plans
5
G
7
aiid
S
in
the
parish
aiid iirl~aii district
of
Scmithorpe
over
the
i.oad
and iniiieral railway
of
the owiiei- rimiiiiig
iiiider
the Conipaiiy’s
main
line at this point
:
(4)
Any difference which
may
arise iiiitler the -foregoing
provisions
of
this section betmen thr Conipnnj-
or
the Sorth Lindsey
Coiiipa~iy
as
the case
niny
be
aiid
the
owiier
shall
he referred
to
arid
deteriiiined
hy
an
arli trator to be agreecl itpoii between the
Coiiipaiiy
or the North Lindsey Coinpauy
as
the
case
may
l)e
oii
the
oiie haiid
and
the owner
011
the other hand
or
failing
agreeiiient by an arbitrator to he appointed
oil
the application
of
either
party
hy
the President
of
tlie
Surveyors’
Institution aid the provisions
of
the Arbitration
shall
apply to
any
such
nrbitr
a
t’ ion:
(5)
Sotwithstaiidiiig an)-thing contained in this Act
or
showii
oil the depmited
plans
110
greater qiiantity
of
the
lands
niiinlwrecl
011
the
said
plans
1
in
the parish
of
Appleliy than is coloured yellow
011
the
plan
signed
liy
Messieurs
C:.
11.
Saniiders aiicl Son
011
ljehalf
of
the owner
aiid
l)y
Charles
Arthiir
Rowlandson
on
lwhalf
of
the
Conipuy
shall l~e purchased
nntler
the
powers
of
this
Act
ancl
tlicre
shall
be
left 1)Ptweeii
ally
lmds
bo
purchased
and
thc
slag
lxiiik
of
the
AppleIiy
Iron
Conipmy Liiiiitecl
a
space not
less
than
~iie chain in width throughout and the Coiiipaiiy
sliall
remove
from
such space
so milch
of the slag
lmik
as
may be situated thereon,
C2
35
[Ch.
IXXXV.]
Gmit
CuztmL
I1uiZiccL.y
(
I'n~iozis
POKC~S)
[1)
EJW.
7.1
Act,
1909.
A.D.
1909.
30.-(
1)
The Cornpaiiy in construct
iiig
their works
011
the
laiids
by
this
Act
ailthovised to
lie
acqiiiwd
or
(in
the adjoining
lilll~ls
of
the
Coliipnriy
shall
1iot
cut
OE
the
;LC'W:,S
l)et\vee11 tllc
sicling:, of
01'
iiow itsetl
by
the ,Ippleby Iron Conipany 1,iniitetl
and
tliv
Great
Crntrd 12ailway in the parish
of
S(.uiithorpe ant1
shall either
reltij-
and recoiistritct the present coniirictioii
or
(*on-
b
t
rii
c
t
a
si
111
s
t
i
t
11
t
ccl
(80
nii
w
t io
n
vi
t
h
t
111
iiwcs
sary
ancil la
q-
works
in siich position and in such innnrier
as
shall
be
reaioiial~ly
approwtl
by thc Company and
the
Appleby
Iron
(
'oiiipaiiy
1
in
i
t
e
d.
(2)
Any difference which niay arise
iiiider
the provihioiih
ol'
this section
between
the Coiiipany and the Sppleb~7 Iron
Coliipaiiy
Limited shall be referred to
and
determined
hy
an
arhitratoi.
to
I)t:
agreed upoii between the Company and
the
,lpplel)y Iron Coiiipaii~*
Limited
or
failing agreonient to
be
appointed on the application
of
either
party
l?y
the President for the time 1)eing
of
the Snr\vj-ors'
Institiition
antl
the provisions
of
the Arliitration
Act
1S80
shall
apply to any siich arbitration.
31.
The
qnantity
of
land to lie taken
by
the
Company
l)y
agreement
for
the
extraordinary purposes iiientioiiecl
in
the Kail-
ways
Clauses Consolidation Act
1845
shall
not
exceed ten
acres
1nt nothing in that
Act
or in this
Act
shall exempt
the
Coiiipaiiy
from any iiidictiiierit action
or
other proceeding
for
nnisance iii
the event
of
anj-
niiisance being causecl
or
permitted
Iiy
tlieiii
32.
The
powers
of the Conipaiiy for the
conipiilsory
pnrcliase
of
lands for tile pnrposes of this Act shall cease after the expir
a
t'
1011
of
three
years
from the passing of this Act.
33.
I'c'rsoiis
empowered
hy
the Lands
(hws
L\ets
to
sell
arid
conve-
or
release lands
inay
if they think
fit
sitbject
to the
provisions
of
those Acts and of this Act grant to the
Co~iipany
any easement right
or
privilege (not being
an
easement riglit
or
privilege
of
mater in which persons other than the grantors hayt:
;in
interest) required for the purposes
of
this
,Ict
ill
over
or
affectiiig
an)-
such lands and the provisions
of
the
said ilcts with
wspect
to lancls and rentcharges
so
far as the same
are
applicable
in this behalf
shall
extend
ad
apply to such grants antl to stlch
easements rights and privileges
as
aforesaid respectively.
1lpoli
;i~i~
l:~d
SO
talien.
A.
to
pi\
ate
34.--(1)
All private rights
of way
over
any
laiicls
which shall
hc
acquirecl
under
the
powers
of
this
Act
for the
c~ompulsory
riglitb
of
way.
::
(i
purehascl
of
lands shall
;is
Iroin
thr
clatc
oC
tliv
acqiiisition
of
such
AI).
1909.
lands be extiiigiiishecl.
(4)
The
Conipii~-
Jiall
iiiakc
frill c.onii-’eii~‘itioii
IO
all parties
iiiterestd
iu
respect
of
an!-
siich
right5 aiitl
snch
coinpenhation
shall
be
settletl in
niaiirier
provided
l)y
the litiiids
Clansrs
Set:,
with reference to tlie titkillg
of
lands otherwise than
l)y
agreement.
-
35.
And whereas in tlie construction of the railways and
o~~~~~~
,,,a.,
\vorks bj- this Act arithorised
or
otherwise in the
escrcise
by the
‘)CL
r’c’qllile(l
to
*ell
part.
Conipanp
of
thcl poivers
of
this Act it may happen that portioiis
o,lly
of
eel-
only
of c.rrt;iin propwties
shomu
or
partly shown
or1
tlie (Iepositpd
t:iin
I:LII(IY
plans will
1w
siifficimt
for
the piirposes
of
thc Coiiipaii,~
ancl
i,,g..
that siicli portions
or
some
other portion5 less than tlie wholc
cim be severed
froin
the reiii:iinder of the
said
properties without
material detriment thereto Therefore the following provisions
shall have effect
:--
(1)
The owner
of
and persons interested in any
of
the pro-
perties whereof the whole
or
part is described in the
First Schedule
to
this Act and whereof a portion only
is required for the purposes
of
the Company
or
each
or
any
of
tlieiii
are hereinafter includecl in
the
term
“
the owner
”
and the said properties are hereinafter
referred
to
as
“
the scheduled properties
”
:
(2)
If
for twenty-on(’
clays
after the service
of
iioticde to treat
in respect
of
a
specified portion
of
any of the scheduled
properties the owner shall fail to notify
in
writing to
the Company that he alleges that such portion caiinot
he severed from the remainder
of
the property with-
out material detriment thereto he may be required to
sell and convey to the Company such portion only
without tlie Company being obliged or compellable
to purchase the whole the Company paying for the
portion
so
taken and making compensation for any
damage sustained by the owner
lq-
severance or
otherwise
:
(3)
I€
within such twenty-one days the owner shall
by
notice
in writing
to
the Company allege that such portion
cannot be
so
severed the
jury
arbitrators
or
other
authority to whom the question
of
disputecl
coni-
pensation shall be submitted (hereinafter referrcd
to
as
“the tribunal
”>
shall in additioii
to
the other
RII~
l)iiil(l-
C3
37
A.U.
1909.
-
questions required
to
lx~
deteriiiiiiccl
l)y
it cletemline
wliethc~r
tliv
portion
of
the
scheduled
property
specified
in
the iiotice to treat
can
11c
severed froin the remaiiicler
witliont inaterial detriment
thereto
aiid
if
iiot whether
my
aiitl
what other portion less than the tvllole (but
not
escecdiiig
the
portion
owr
vhicli
the
Coiiipaiiy
haw
c~oiiipiilsoi~g-
powers
of
piii~liase)
mii
Iw
SO
W?V(YYYl
:
tlie
tri
Imd
tleteriiiine that thc port ion
of
the
sc.hrtliilt~t1
property
specified
in
tlie
notice to treat
or
aiiy
such
other
portion
as
aforesaid caii lie severed honi the
remainder witliout material cletriineiit thereto the
owiier
may
be
required
to
sell
and
coiivey
to
the
(lonipany tlic portion which the trilniiial
shall
have
cletcriiiiiiecl
lo
be
so
severable withont the
Conip;aiiy
Iwiiig
obligccl
or
coiiipellable
to
piirch;~
the
whole
the
C‘oiiipanj- paging
siwh
siiiii
for
the portion
taken
by
them inclitding coiiipensatioii
for
any
daiiiage
mistninecl by the
owiier
11s
severance
or
otherwise
as
shall
be
awarded
hy
the trilmiial
:
(5)
If
the tribiuiinl cleternline
that
the
portion
of
the scheduled
(U)
If
(7)
If
property
specified
in the notice to treat caii iiotwith-
staiidiiig the allegation
of
the
owiier
be
severed
from
the reiiiaiiider without
inaterial
cletrimeiit thereto the
tribunal
niay
in its absolute discretion deterniiiie
ancl
order that the costs charges
aiicl
expenses incurred
by
the
owiier incident to the arbitration
or
inquiry
sliall
be
110riie
and
pxitl
hy
tlie owner
:
the tribiuial cletei-mine
that
the portion
of
the schednled
property
ypecified
iii
tlie notice)
to
treat cannot
he
se~eretl
from
the
reiiiainder
witlioiit iiiaterial detri-
iiieiit
thcreto
(and
wlietlier
or
not
they
shall
deterinine
that
aiiy
other portion can
be
so
severed) the
Corn-
pan!-
iiisy
withdraw their notice to treat
arid
thereupon
thy
shall
pny
to
the owner all
costs
charges
and
expe~ises
reasonably
ant1
piqerly
inciirred
1)s
liiin in
consequence
of
such
notice
:
the
trihiiiial cieteriiiine
that
the portion
of
the scheduled
propertj-
specified in the notice to treat caiiiiot
bc
severed
fi.0~11
the reiiiaiiider without material detri-
iiieiit
thereto
but
that
any
other
sucli
portion
as
33
9
EDW.
7.1
Great
Central
Railway (Various
Powers)
[Ch.
IXXXV.]
Act,
1909.
:iforcisaid
can
l)c
so
severed
the Company in
case
the!-
A.D.
1909.
slitill
not withdraw tlic notice to treat shall pay to
tlic owiic~r
dl
costs
c.harges
and expenses reasoiiahly
aid
prop-ly
iii~iirred
by
hiin in conseqiienco
of
such
iiotico
(11‘
such portioii thereof
as
the tribiiiial shall
Iiavitig
rtyprtl
to tlie circiinistances of the case and
th(>ii.
final
drtci.iiiiiiatioii think fit.
Tilrl
pi.ovisioiis
o
t
this sc.t*tioii
slinll
he
iii
forw
notwithstanding
iiiiyth
iiig
iii
tlw
lAalitl:,
(
’liitl\
C’oiisolidntion Acbt
1S-13
coiitainccl
iintl
iiotliing coiitaiiircl
iii
or
doncl
iiiitler
tliis section
shall
1~
Ii~ltl
;is
clctc~rinining
or
;is
li(>iii,n
or
iinplyiiig
an
adiiiissioii that
;my
of
thc schduled propertics
or
any
part thereof
is
or
is
not
or
lntt
f’or
tliis sclctioii
\vonld
or
would
not
he
subject
to
the provisioiih
oi
wetion
92
of
the
Laucls
C’lanses Consolidation
Tliv
provisions
of
this
srctioii
sliall be statcd in emry notice
--
Act
123-15.
gircn h~~euiider to
sell
and
coiirey any premises.
36.
rl’lie
provisions of sections
18
to
23
of the
Railways
For
protec-
tion
of
gSa*
C’laiise~
Coiisolidatioii Act
18-15
shall
lor
the purposes
of
this
Art estriitl an(l ap1)ly
to
the
mter
a11c1
gas
iiiaiiis
pipes
and
iii:iiii-
of
itpparatii:,
of’
:iiiy
local
authority
and
shall
lie
constriieci
as
if
’~!‘“’’
“
local tiiitliority
were
iiieiit ionecl in those swtions in addition
to
“
(*oiiipany
01-
society
”
l’rori(1ed that any penalties
reco\-erecl
iinder
section
:P
slid1
Ile
appropriated to that fund
of
the local
authority to
v-hich
their revenues in respect
of
water
or
gas
(as
the
case
may
])e)
are
appropriated.
,~nt,,l
iitics.
.I
37.
Aiitl
whereas
in
ortler
to
avoid
in the constrnction
and
Uii(ierpin-
ning
of
niainteiiaucc-
of
my
works
authorised
by
this
Act
injury to the
Ilo,,sei.
Iioiw~
aut1
buildings vithin one hundred feet of the
railwaj~
:iiitl
works
aritliorised
by
this Act it niay be necessary to underpin
or
othtmvi:,e strengthen tlie same
Therefore
the
Conip:iny
at their
on;n
costs
iind
charges
may
ancl
if required by the owners
or
lessees of aiiy
such
house
or
building
shall
subject
as
hereinafter
provicletl iiiitlcrpiii
01.
otherwise strengthen the
same
and the
follosviig provisions
sliall
haw
effect (that is to
say)
:--
(I)
At least teii
clays’
notice
sliall
unless
in
case
of
eniergencg
be
given
to the owners lessees and occupiers or
by
the
owners
or
lessees
of the house or building
so
intended
or
so
required to be underpinned or otherwise
strcngtheiied
:
c4
39
19
%,urn.
7.1
(heat
C'e?ztrat
Railway
(Varioiis
I'ozcers)
[Ch.
IXXXV.]
Act,
190'3.
hnilding
for
such injury provided the claim
for
corn-
A.D.
iwg.
pensation in respect thereof be iiiade by such owiers
within twelve moiitlis and
1,)-
such lessees or occupiers
within six months
horn
the discovery thereof:
(7)
Notliiiig in this enactinnit contained nor any dealing with
any property in
piirsnance
of this enactment shall
relieve the Company from the liability to conipensate
iint1e.r section
GS
of the T,ands Clauses (Tonsolidation
Act
1845
or
iinder
;uiy other Act
:
(S)
Every
(YIW
of'
coiiil)ciis~tioii to
bc
;iswi.taiiwtl
iinder.
this (~~~~tille~lt
sh:lll
1~
asc.cirtaiiicd
il(+cortliiig
to
the
provisions
of
the
Inicl~
(
'1;ttiws
A(.ts
:
(9)
Sothing in this section hlitill rvpe;il
or
titt'rct
tlic
izpplica-
tion of section
92
of
tlie
Lands
C'lauses
Consolid
a
t'
1011
Act
1345.
__
38.
Notwithstanding anything contained in section
4G
of the
Company
Railways Clauses Consolidation
Act
1845 the Company shall not
'lot
"")"
"
except
as
by
this Act otherwise expressly provided be liable to
face
of
roac~
maintain the snrface of any
road
or public highway which shall
level
of
be carried over the railways or any of them
by
a
bridge
or
per~n:L~~elltly
bridges
or
the irnmetliate approaches thereto except
so
far as
altered.
the level
of
such road or highway or approaches is permanently
altered
so
as to increase the gradient thereof.
39.
If
the railways
bj7
this
Act
authorised be not conipletecl
Period
for
within fire years from the passing of this Act then on the
completio'i
expiration
of
that period the powers by this
lict
granted
to
the
Company
for
making
and
completing the 'same or otherwise in
relation thereto shall cease except
as
to
so
much thereof as is
then conipletecl.
repair
stir-
which
is
not
of
railwit!
..
40.
JThereas pnrsuant to the Stalidilig Orders of both
EIouses
Railway
of
I'arlianient and to the Parliaiiientary Deposits Act 1S46
a
slim
de~losit
iiot
to
b3
re-
of five thousand nine himdred and twenty-four pounds eighteen
paid
except
shillings two
and
a
half
per
cent. consolidated stocqk (hereinafter
50
far
as
rail-
way
ope
I
led.
referred to
as
''
thcl railway deposit fund
")
being eqiial .to fi~e
per centurii
upon
the amomit of the estimate in respect
of
the
railways and
a
sum
of
fifteen poiiiids foiirteeii sliilliiigs ant1
twopence two and
a
half per cent. consolidated stock (hereinafter
relerred
to
as
"the works deposit fund") being equal to four
per centuin
upon
the estimate in respect of the street iinproveiiieiit
by this Act authorised have respectively been transferred into the
41
A.D.
1909.
iiaiii~
of
tlie
I'a!-niastcl.-Gciieral for
ant1
011
belinlf
of tlic Suprcille
C'onrt in respect of
tlic
:~pplic;itiori
to
Parlianicut
For
this
Act
13e
it ciiac~ted t,hat iiot~vitlistaiitliii~ aiij-thing contaiiiecl in
the
said
Act
the said ixilwa>~ &.posit
fluid
sliall
not
l~
paicl
01'
transferred
to
or
011
tlici
applic.ation
of
tlie perboll
or
pcrsons
or
the iiiajoritj-
of
the
persolib
iiaiiietl in
the
\varrant
or
orclcr
issued
in
pursn;iiic~~
(I€ tlie
s;d
A(.t
or
thc survivors
or
slirvivor
of
tlieiii (which
persoiis
iiirvivorh
or
siirrivor
iw
or
is
in this
-1cat
ix~lc~riwl
to
;IS
"
tlie
tl('positol.s
")
iiiil:+s
the
Conipany
sliiill
prwioii5lj-
to
tlir expiration
of
ilic
periotl liiiiited by this
Act
101.
c.oliiplrtioii
of tlw raillvayh opeii thcl
saiw
Foi.
prihlic
ti-atIic
mcl
if
tho
C'oiiipaiiy
sh11
iriake
tlefanlt
iii
so
opening
the
railnxys
tlie
railwnj-
clcposit
fiiiicl
shall
be
applicalile
and
hliall
be
applie(1
as
pi.oviclecl by
tlie
next
following
section
l't-ovided that if
within such pcriotl
as
aforesaid the C'oiiipany open
any
portion
o€
thc
idways for p~tblic
traffic
t1ic.n on the prochiction of
a
wi-tihtt~
of
tlie
13oai-tl of
'l'radc
specifying the length
of
the
portion of
the
railway
opened
as
aforesaid ant3
the
portion
of
tlie
i*ail~vay
deposit Rind wliic~h
l~ears
to
the
~vliole
of
the railmiy
tlrlposit
fimcl
the
saiiic
proportion
a'i
the leiigth
of
the railmay
50
opeiictl
1)ears
to
the entire length
of
the
idwa~- the
High
CJoii1.t
sliall
on
the application
of
tlie depositors
aider
the portion
of tlie
milway
tleposit
Rmcl
specified
in
the
certificate
to
he
paid
or
triinsferrecl
to
thein
or
as
they
sliall
direct ant1 the certificate
of
tlic
I3oard of Trade shall l~e snfficieiit evidence of the facts
tlicvin certified ancl it
sliall
not l)e necessary to produce
any
certificate
of
this Act Iia~iiig passed anything in
the
abore-
iiieiitionecl
Act
to
tlic
voiitrary
iiotTTithstandiiig.
-
41.
If
the
Coiirpaiir.
do
not
previously to the expiration
of
the pcriod limited
for
the
coiiipletioii
of
the railways complete.
the
siinie
and
opeii
them
for
public.
traffic
then
ancl in eveiy
such
case
the
railway
deposit
fiiiid
or so
iiinch thereof
as
shall
not
have
been
paid to the depositors shall be applicable aiid
after
due
notice in tlie Londoii Gazette shall lie applied ton7ards
coiiipensating any laiidowners or other persons
n-hose
property
has
been
interfered with or
otherwise
rendered less valuable
by
the
coiiiiiieiiceiiieiit construction or abandonment of the railways
or
any portion tliereoi or who have
been
subjectetl
to injury
or
loss
in consequence
of
the
coiiipulsory
powers
of
taking
property conferred
upon
the
C'oiiipany
115'
this Act
and
for
n
hich
injury
or
loss
110
compensation or inadequate compen-
42
[g
EUN.
7.1
(:real
C'oiLral
Iinilzray
(Various
Poucrs)
[Ch.
IXXXV.]
Act,
19013.
satioii
bar
lwcn paid
aii(1
sliall
be
distributed in satihfactioii
A.1).
1(30(3.
of
siic.11
c~mpeiisatioii
a:,
aforesaid
in
snch
iiiaiiiicr
aiid
in
s;nc.h
proportion
as
to tlic Tligh
Corwt
niay
swii
fit
R~itl
if
no
snvh
coiiipc.iiiation is pajxblc
or
if
a
portion
of
tli~
railway clqmit fund
11as
I)(wi
I'oiiiid sdficient to satisfy all jiist claims
in
respecit
of
s1ic.h
c~oiii~j(~iisatioir tlieii tlich railrva~
tlcposit
fnml
or
siich portion
tllrrwl
tis
iiiay
not
l)r
recliiiiwl
as
tlfoi-cmid shall
if
:I
iweiwr
Iinq
Iwpn
al)poiiitrtl
01'
tlic>
('oinp:iii>-
ii
iiisolreiit
or
the
riiiclcr-
tdciiig
has
lweii al);uiclo~icci
I)('
1)aitl or ti~~isfc~i~d to
5lic.h
re(~ivc>~.
01'
hr
appli~tl
iii
tlir
tiisc*rtatioii
of'
tlle Collrt
;is
part
ot
thc assets
of
the C'oiiipnny for tlic
I)t>iietit
of'
tlir creditors therrlof
ancl
sii1)jec.t
to
siicah
application
shall
lie repaid
or
re-transferretl
to
the
dclpositors
Provicled that irntil tlic idway clcposit
liind
has
been
repaid
or
i*e-trtiiisferred
to
tlic depositors or lias 1)ecoiiie
o
tlw
mi
se
appl
i
ca
111
c
;is
lic~~)
iiih
foi~
iii~ii
t
i
onccl
any
i
ii
t
ere
st
or
tlivitlends acc~iiing
thereon
s1i;dl
from
ti~iic.
to
tiiiie
uitl
a.i
oft
('11
a.;
the
sa~iie
sliall
l~ecoii1e
p:i~-al)Ie
lw
p:ii(I
to
or
on
tlici
applicutioii
ol
tht. clrpositors.
-
42.
Chi
thc. t~ppli~iitioii
of
the c1cpositoi.i iii
a
siiniiiiary
way
Release
of
at
aiiy
tiiiie alter
the
passing
of
this
Act
the High
('oiirt
iiiq-
'vOrkh
(le-
pit
fund.
aiid
dial1
order that the ~vorks dcposit
hind
of
fiftwn
poiuitls
foni~tt~en
shilliiigs
ancl
tn~)pe~ic~
tn-o
allcl
a
half
per
(wit.
con-
solidated stock
aid
tlie
interest
and
dividends thereon sliall
he
transferred.
aiitl
paid to tlie depositors
or
to
any
other person
or persons wlioiii tlie
depositors
inay
appoint in that
1~ehalP.
43.
The
Compniiy
may
hold
and
iiiay
iise
aiicl appropriate
Coinpally
for
the
general
mcl
other
piupseh
coiinected with
their
uiicler-
ulaY
hO1(i
taking
so
ninth
of
the Pollowing
lancls
as
may
have
Iwen
or
iiiay
aireaclv
hereafter
I)e
acqi
iirecl
by them
11y
agreeiiieiit
or
on tlipir
behalf
:\cqtlire(i.
and
are
deliiieatctl
on
plaiis
sigiied
in
duplicate.
IQ-
Sir Artlinr
Osiiiontl
Williaiiis
llaroliet
the
Chairniau
of
the Select
Coni-
niittee
of
the Iionse
of
C'oimnoiis
to
wlioni the
Bill
for
this Act
was
referred
one
copy
of
which
plans
has
been
deposited in
the
Private Rill
Office
of
the
House
o€
Coii~nioiis
aiicl
on(>
copy
in
the Office
of
the
Clerk
of
tlie Pnrliaments
of
tlie
House
of Lords
Provided that the
said
laiidr
so
acquired
by
the
C'onipaiiy
shall
€or
the purposes of section
3
of
the
Honsing
of the Working
Classes Act
1903
be
deemed
to have been acquired iiiider
the
powers
of
this section
The
lands
above
referred
to
and
by
this section authorised to be held
uscd
and
appropriated
are
as
follows
:-
certain
lands
43
A.D.
1903.
As
11
011
t
lu
1
I
:LIId
wott~lll
L-lltler\\-ool
I.
-
G
\rcr.y
L1
I.
0
ltll
li\lll.
Leicester.
Woodfortl-
ciim-Meui-
his.
In
the voiuity
of
Bixkinghaiii-
Certain lautls
in
the
parislirs
of
L~~hc~lltlon
and
\TottoLi
Uiitlc~r\~-oocl
zititate
(111
the
westerii side
of
and
acljoining
th(>
rail\ray
of
the
Ctimt
\\rwtern
and
(ireat
Ceiitral
Ihilwaj-s
J
oint Conitnittee I)etween
Cir~iicloii
Uiidern.ooc1
aiitl
I’rinw~ 1Lboi.ongh and boitiitletl
on
the boitth
by
tht. road
€ram
Micaclon
to
Brill
:
111
thtl co1111ty
of
D~~thigh
-
piwe
of
land
iu
th
parisli
of
Gw.c~i*syllt in the
i-iiral
cli-t
rict
of
\Yresli;iin
sitiintc.
on
tlic
iioi.tli-eadw1
si(k
01
and
atljoiiiing
the
Coiiipa~iy’s railway
Froiir
I\‘rcshani
to
Connah’s
Qitay
iL11tl
l)oitntletl
on
the
east
side thereof
by
the
lllolcl
Iloacl
:
In
the
cormty
of
Z,anca,ter-
Certain lands in the parish and
countv
borough
oP
Oldham
situate
on
the
west side
of
and
adjoining the Oldhain
Ashtoii-under-Lyne
aiid
Guide Bridge
Railway
and lying
between the said railway and Woodhouse Street and also
a
triangular piece
of
land also on the western side
of
aiid adjoining the said railway immediately to the south
o€
the laiids lastly hereinbefore described
:
In
the county
of
Leicester--
Certain laiids in the
parish
aiid county borough
of
Leicester
situate
at
the corner
of
Higlicross Street and
All
Saints
Open with tlie
messnages
and
premises thereon known
as
nninbers
3
5
7
and
9
All
Saints Open and
154
15G
and
15s
Highcross Street aforesaid
:
In
the county of Northainpton-
Certain lands in the parish
of
~~7oodford-cuin-Membris in
the
rural
district
of
Darentrj-
situate on the western
side
of
and extending from Sydney Road
to
the River
Cherwell and being the properties known
as
numbers
34
36
38
and
40
Sydney lioacl TToodford:
111
the
county
of
Stafforcl--
piece
of
land situate in the parish
and
county
Iiorough
of Ranley near the Hauley passenger station of the North
Staffordshire Railway Company bounded
on
the north
by
land belonging
or
reputed to belong to Munro’s trustee;,
and
on the east
by
a footpath adjoining the
North
Staflordsliire Railway
;
44
,I
piece
of
land
in
Xli
Street in
the
parish ancl county
AJ.
igoy.
borough
of
1Taiile~-
boniicled on the north
by
the
lantls
-
last nl~ove nieiitioiicd on tilt. east
by
land belonging
or
reputctl
to
lielong
to tlic North Stafforclsliire Iiaihvay
Ooiiipaniy
aiid
on
tlw
south
by
Mill
Street
with
thc
iiiessuage tlic~reon
1inon.n
as
nuiiiber
38
Xi11
Street
aforesaid
:
In tlie county
of
York
(\\'($st
Riding)---
Certain liiiids in the parish aiid nrhan district
of
T/\;ath-
\I-atIi-iipoii-
ripon-l)eariie
being the enclosure
iiiiniberctl
394
on
sheet
NO.
CCI,SYSIII.-2
of
the Ortlnance map
of
tlic:
cwrrnty
of
170rli
(West
Riding)
(scale
,)
1st editioii
dated
1892;
Itothrrliaui situate
on
the western side
of
and adjoining
foniiing part
of
the
field
or
mclosure iiiinilicred
281
on
the
Ortlnance
map
of
the coiinty of
York
(West Ridin:)
sheet
CCTJSSXIX.-7
(scalc
;t20
(r)
2nd edition (latecl
1903
:
And
the eqPndititrc~
of
1iiont.y
by
the
C'oniptiiij-
iii
or
about
the
piurhasc.
01
the
saitl
lands
is
hereby sanctioned and coiifiriiied.
strii)
of
land at Sorthfield in the coiiiity boron&
of
Kiniber-
the
Cjolllp>kliyls Shefield to
JlexlJorot1gh
railway
illid
44.
-
(1)
The
(
'oiiipaiiy
iiiay
stop
lip
betwceii
tlic feiices
01
Stoppiiip
111'
tlie Coiiipanyls rai~nxy
t'roni
Cliester to ~oiiiiah~s
~uay
t~ie level
croqs-
cwssing
over
that
railmay
at
a
point fifteeii aiid
a
half chains
or
~~iester
:illcl
thereabouts nieasured along the centre line
of
the snit1 railway in
a
Co'lllah''
westerly direction from the centre
of
the bridge carrying Welsh
lioact
over
the
said
railway
and
as
froin the
(late
of
the said
stoppingup
all
rights
of
way
(if
any)
except the rights
of
persoiis
passiiig on foot htween the present stiles or such other stiles
or
wicket gates
;is
the
Company
riiay
suldtiite therefor
over
tlie
1t.wl
crossing
sliall
be
ancl are
1ierel)y
extingnishcd.
iiig
on
Qnay
R~il-
(2)
Siiiirtlt~uieoiisly with tlw stopping-lip
of
the said
level
(.rossiiig
as
aforesaid
over
the said railway the C'oiiipany shall
clctlimte
or
cause
to
be
dedicated to the public to the intent that
the
saiiie
niay
form
part
of
tlie highways within tlie €€awarden
Rural
District the new
roadway
already constrncted
lis
the CoinpaiiJ-
011
tlie iiorth sitle
of
the said railway
ancl
shown
and coloured
pink on the
plan
sigiied in tluplicate hy Sir 11rthiir Osinoiitl
IYiiliaiiis Baroiict
the
Chairnian
of
the Select Committee
of
the
A.D.
1909.
House
of
Cominoiis to
whom
the
13iI1
for
this _Ict
was
rc)forrcd
of
~vliich plaii
oiic‘
cwpy
has
1)wn
tlqositctl
in
the
I’rivat(> Bill
Officc
of
tlic
JToiiic
of
C’oiiiiiioiis
:tilt1
oiic
cop?-
iii
tlic
Office
01
tlie Clprk
of
the P;ii*lianic~nts
of‘
thri
I-Toirstl
of
T,ordi
liiit
tliv
Coiiipniiy
may
hmr
aiid
Irorp
ptos cnpa1)lc
of‘
lwiiig op~iie~l
anti
shnt
by
tlic
puhlic
at
tlip
points
indicatctl
011
tlic said
plan
aiitl
iiiilrss
am1
iriitil
tlitl
s;ii(l
ne\r
roacln--a~-
4dl
lw adopted
by
tltc
1oc;il authority tlic
5;iiiic
shall not
bo
rcpaiix1)lc. or iiiaiiitaiiiabl(~
by thrin
1111
t
shall
IF
rc1pairc.d aiitl iiiaiiitaiiiccl
by
tlirl
(Yoinp;t~iy
or
sacah
person
coiiipaiiy
01’
lmdy
\vi
th
ivlioiu
t
iity
haw
;~Ircad~-
ciitei*cd
or
inay
Iicreafter enter into
aiiy
ngreciiieiit
€or
the rcyair
(3)
The
Coiiipaiiy
shall
l~forr closing the said
lcvrl
cro\iiig
piit in
proper
rcpair
the
ciilvert thc position of which
is
iiidicntctl
011
the said
plan
carrying the
roatl
or
track coloured yellom
on
the said plan
across
the
fields
011
the south side
of
the said
railway hit the Company may
in
lieu
of
putting the said
culvert
iii
propel- repair siilistitiite
a
hiclge therefor
and
the Company
shall
allow
the
said
road
or
track
coloiirecl
yellow to reniaiii open
€or
the
p;issage
of
foot passengers aiiiiiials carts mid carriages
but the Coiiipany may have
aiicl
keep
gates capalile
of
being
opened and
slnit
by the piildic at the points indicated oil the
said
plan aiicl the Coiiipniiy shall
1iec.p
the saitl
road
or
track in repair
but
shall
not be required to metal
the
same
nor to keep
tlie
same
in
w
better state
of
repair thaii it is
at
the passiiig
of
this
Act.
A1ne
utllllell
t
45.
So
niuch
of
sulmxtioii
(8)
of
section
46
of
tlic Manchester
Of section 46
Sheffield and Liiicolnsliire Railway (Extension to Loiidoii
etc.)
of
BIaiiclies-
ter
filleffieltl
Act
1893
as
requires l~nilclin which
may
bc erected liy the
Lillcolll-
Coiiipaiiy in the iiietropolitaii I)orougli
of
ITnnipstead
011
laiids
Aire
Rnil-
,,,a?i
(Eutell-
over
or
adjacent
to
the
c‘oiiipaiiy’s
railway tiiiiiiels to be
of
a
siou
to
Loll-
vhss
equal
to the lmildings which
stood
thereon
when the said
lands were acquired by the Company is hereby repealed
but
don
kc.)
Act
1893.
nothiiig in this sect
ion
coiitaiiied
shall
be
deemed
to
entitle
the
Company to erect
011
siich
laiitl bidclings
of
a
less
rateable value
than the builtlings which
stood
thereon iiiiiiieclintely before the
passing
of
the said Maiichester Sheffield aiid 1,iiicoliishire
Ilailway
(Extension
to
London &e.)
Act
2893
:
I’rovicled that before the
Cornpan)-
eroct
miy
I~iiildings upoii
the said lands of
a
class
inferior to the
class
of
buildings which
stood oii the said
lands
when they were acquired
hy
the Coiiipany
they
shall give to the council
of
the said borough three nioiiths’
-
illld
iiiainteiianc~~
of
the
~a11le.
46
notice in
writing
of
their iiitention
so
to
do
togt’thr
with
all
AD.
1909.
necessary and
propc’r
plans
and specifications of
thc
liuiltlings
as
proposetl
to
l)e
c.rectetl
ancl
the Company
shall
not
crwt
upon the saitl
lands
any
such
1)uildiiigs
niiles.;
they
shall
liare
first
obtained
the
consent
in
writing
of
the
conncil
of
tllc
snit1
borough to the erection thereof which consent tlie
saitl
couiicil
are hereby authorised to
givc
if thdy think
fit.
-
STREL.,T
I
\II’ROVE3IENT
IN
TIIE
CITY
OF
L1NCOl.X.
46.
In
this
Part
of
this
Act
the followiiig
\\-ortls
iiiitl
FilittIler
in-
cspressioiis
hare
thc iiieuiiiiigs liereiuafter assigiied
to
tlieiii
terl”et‘LtiOi’*
(tliat
is
to say)
:--
“The
city”
means
the citjr
of
Lincdii
;
“
The corporation
”
means the
inayor
aldermen ailcl
citizens
o€
the city.
47.
Subject
to
the provisioiia
of
this Act
thr.
corporatioii
1)01v01.
to
may inake
arid
maintain the following street iinproveiiieiit (tliat
!ll‘‘k:’
In
the
county
of
Lincoln (parts
ol’
Lindsey) ($it!-
ancl
cormt!-
l)l:,ce.
A
widening
aid
iinprovenient
of
Saint
Jlark’s
Place.
ancl
Saint
Nark’s
lmte
acljoiniiig tlirl parish church
of
Saint
Mark
wholly
in the parish
of
Saint
Xark
commencing at the corner
of
High Street
and
Saint
31arli’s
Place
and
terniiiiating in Saint
Xarlc’s
Lane
3
*
9
chaiiis
or
thermhonts ineasuretl
along
Saint
Mark’s
Place
siicl
Saint
Mnrli’s
Lane
froiii the poiiit
of
coniiiieiiceiiieiit.
llIlplo\
r-
S
t.
31wrh’-
is
to
say)
:-
nlc~ut
at
borough
of
Lincoln-
48.
In
coiinectioii with and
for
the purposes
of
thc street
1’0\vCr
to
improvein
en
t
by
this Act
ai1
thorisc
cl
the
Corpora
tion
may
subject
;,~~$~~~~~~’
to
the provisions
of
this
Act ant1
the Lands (’lauses ,\cts
take
jiilply,\C-
ant1
iw
thc lands shown
qoii
the
depositetl
plms
of
the
strwt
mellt.
iiiipi.oveiiie11t md clrscribecl
iii
thc.
book
of
referenc(1
thercto
being part
of
Saint
Jlark’s
Placci
aiid
the
triangular piece
of
land
forming part
of
the churchyard
of
the parish church
of
Saint
Mark
at
the
corner
of 1Eigh Street
and
Saint
Nark’s
Place.
47
street
hi-
pro1
ement.
Period
for
rompulsory
~~urchase
of
lands.
l'ower
to
alter
steps
&c.
Limits
of
[Ch.
IXXXV.]
Grcnt
C'cmtral
I-lailwtry
(TTu~*iuus
I'ocrers)
1'3
l<1)\\
,
i.]
Act,
1909.
A.D.
1909.
49.-(1)
From
and
after the completion
of
tlie
said
street
ICschange
of
iiiiproveiiieiit the lnncls forming put
of
the htiitl
c.!iiirc~li\-;ircl
aiid
hds
in
con-
iiimi1)ered
2
on the deposited
phs
s1i;ill
atitlctl
to
tlio
roatl\ray
llectioll
of
Saint
Marlc's
Plncc
and
shnll
I'orni
prt
ol'
the ~~ii~)Iic highxay
-
aiitl
in
c~sc1iangg.e
therclor
so
iiinch
of
thc
I:uicls
iin~nl~errd
4
on
thc
ckposited
plaiis
as
lirs to the south
of
tho
linv
of
the htrwt
iinpi~oveiiient
aiitl
eastwarch
of
a
line
tlr;irrii in
a
iiortli-e;istc>rly
dirccQtion in continuation
of
tlir \restcrly
11oiiiiclar.y
wall
ol
the
saitl
chiurchyarcl
sltall
be
atlclwl
to
thv
sai
(1
cahu
rc1hyartl
ancl
I)o
1-estecl
in the ricar
01'
incwni1)riit lor
the
time being
of'
the vicarage
and
ptirish
chrurch
of
Saint
JIarlc
;iforesaitl
:IS
part
of
thc
saitl
chnrchyarrl
and thereripon
all
publica
rights
01'
way
aiitl
othcr
rights (if
any)
thercwver
dial1
lie>
extinguished but
tlie
saitl
laiitlh
shall
iiot be
uso(1
;is
a
birrial
ground.
(2)
From
and after tlie conapletioii
oi
tlic
YaitL
strcet iniprovt\-
incnt
so
niucli
of
the
laittls
iiiinil~erecl
4
on
the> tlcyosited plms
as
lies
to
the
south
of
tlicl
line
oF
the1 street iniprovenient
and
westirarcls
of
the
land
last h(xciiibt.fore
referred
to
shall
I)cl
vested
in
the
Company
ant1
thereupon
all
pulilir, rights of
way
and
other rights
(if
any) thereorer shall cease
aiitl
be
estinguishcd,
50.
The
powers
of
the corporation
for
the
coinpi~lsory
piu-
chase
of
lands
for
tlir pnrposees
of
this Part
of
this
Act
shall
ceaw after the expiration
of
three
years
fmni
the passing
of
this Act.
5
1.
The
corporation
iiiay
in cseciitiiig the street iniprore-
iiient and
for
the
purposes
thereof raise sink
or
otlierwise alter
the position
of
any steps
nreas
cellars
cellar
flaps
gratings
ancl
feiiciiigs
sewers
tlraiiis pipes electric
cables
and mires within tlie
limits
ol
cleviation defined
on
the deposited plans
and
may
reinovo
all
other
olxtructions
so
as
the
same
be
done
with
as
little
delay aiitl iiicoiiveiiience
as
the circiunstances
of
the
caw
Trill
adiiiit
niicl
the corporation
shall
iiialce rc~asoiiahlr conipeiisation
to
any
person
who
suffers
damage
by
such
alteration
:
Provicletl that the corporation
shall
not raise
sink
or
other-
wise alter the position
of
any pipes elwtric
cal~le:,
or
\vires
belonging to
or
used
liy
the Postmaster-Geiiei
a1
except
in
accordance with
arid
sithject to the proyisions
of
thP
'I'elc-.graph
Rc
t
18
7
S.
52.
In
coiistriwting the street iiiiproreiiieiit
by
this Act
deviation
fw
im-
authorised the corporation
niaj-
tleriate
from
the
lines
thertwf
as
provenieii
t.
4
S
showii
upon
tlie
drpositccl plans to
:my
extent not exceeding the
A.I).
1909.
limits
of
clwiatioii
shown
iipoii
those plniis
and
11ia3-
deviate
from
tlie
levels
thereof
as
shown
npon
the
deposited sections
to
any
extent not exceeding three
feet
npn-artls and three feet clo~~-ii\vards.
__
53.
Tlic corporation shall
as
part,
of
tlie
saitl
htreet improve-
Akltel;itioll
of
c;lllll.c'lll\'"'.'l.
iiient
ancl
within six nionths ibfter the dntc.
or
the coinniencenieiit
St.
MW~'S
of
tlic
~vvorks
at
their
own
cost
11inlie
up
the
lwel
01
the
lands
to
bc
acidet1
to tlie
clnircliyard
as
dorcsnicl
to
the
smie
level
as
that
of
the remainder
of
tlir
saitl
churchyard and niake good
aiid
turf
ant1
asphalts
or
pave
or
partly tiirf
an(1
partly asplialte
or
pave
tlie
saine
as
inay
lie
desirecl
by
the vicar
or
inciuinbent
For
t1ic-l
time being of the vicarage and
parish
churcli
of
Saint
Marl<
aforesaid ancl
to
his satisfaction
ant1
enclose the
same
and
the
remainder
of
the churchpard with
a
dwarf
stone wall and railings
with entrance
gates
of
the same character
:incl
design
as
those
nom enclosing the
saitl
churchyard.
54.
The
iiiiprovetl street
sliall
forin oue
road
with Saint
betlic:ltioll
Mark's Place and shall
he
iiiaintained
by
the corporation aiid
of
+treet
im-
pro\
eineiit
to
pi11)lic
iiw.
cleclicatecl to the piiblic use.
55.
Any
expenses incurred by the corporation under this
E~~~~~~~~
Part of this
4ct
shall be deemed to be expenses incurred
by
them
street
im-
under and for the purposes
of
1875.
pro\
emcut.
56.-(1)
Before the corporation apply to or use
for
the street
R~~~~~\-:,~
of
improvement anthorisecl by this
Act
any
part
of
Saint Mark's
hnall
chixrchyard they
shall
reiiiove
or
cause
to
be removed the remains
o€
all
deceasecl persons interred
in
so
niiich
of
tlie said chiirchparcl
as
shall be
so
applied
or
used
as
aforesaid.
(2)
Hefore proceecling
to
remove any
such
remains the
cor-
poratioii shall publish
a
notice
for
three successive days in
two
local
newspapers circulating in the city to the effect that it is
intended to reiiiove such remains and such notice shall have
embodied in it
the
substance
of
subsections
(3)
(4)
(5)
(6)
and
(7)
of
this section.
(3)
Any tiine within two inonths after the first publication
of
such
notice
any
person
who
is
an
heir executor administrator
or
relative
of
any deceased person whose reinains are interred
in
the
said churchyard
inay
give notice in writing
to
the
corporation
of
his intention to undertake the reirioval
of
such reiiiaiiis and
thereupon he shall be at liberty without
any
faculty
for
the
remain>.
D
49
A.D.
1909.
purpose but sabjrct
as
hereinafter iiic.ntioned to any regulations
iliade
1~s
tlir bishop
o€
the
diocese
oP
Liiicolii
to
cause such
reiiiaiiis to
he
i-riiio~ctl to aiid re-iiiterr~l in any coiisecrated
Imrial
gr011iicl
or
ceiiir~tei*y
iii
which bnrials
niay
legally
take
place.
(4)
If
aiiy person giving
snch
iiotice
as
aforesaid shall fail
to satisfy tlie corporation that
he
is
such
heir
executor
adininis-
trator
or
relatire
:IS
lie claiiiis to
l~e
the
qiwstion
shall
bc
deter-
mind
on
tlie application
of
ritlipr part7
in
;i
siimiiiarj-
iii:in11er
by
ihe rrgistrnr
of
the
consistor!-
cowt
of
the diocese
of
Liiicoln
wlio
shall have power to inalte
an
order specifying
mho
bllall
reiiiore
the remains.
(5)
The expenses
of
such reiiioval and re-interment
(not
esceediiig
in
respect
of
reiliains
rrniovcd
from any
one
grave
the
siiiii
of
teii pounds) shall
bc
defrayed
by the corporation
such
sum
to be apportioned
if
necessary
equally accortliiig to
the
nniiil~er
of
reiiiaiiis in tlie grave.
(6)
If
within the aforesaid period
of
two
nioiitlis
no
such
notice
as
aforesaid shall
have
been given
to
the corporation in
respect
of
the reinaiiis in
my
grave
or
if
after such notice has
1)eeii given the person
giviiig
the
sniiie
shall fail to comply with
the provisions
of
this section and with
any
regnlatioii
o€
the
bishop the corporation
niay
without
any
faculty
for
that purpose
reniove
the
reiiiaiiis
of
the deceased person and
cause
thern to
he interred
in
snch other consecrated burial
groiiiid
or
ceinetery
in
iyhich
burials may legally take place as tlie corporation think
suitable
for
the
purpose subject to
the
coiisent
o€
the lishop.
(7)
A11
iiioiiunients and tombstones relating to
the
reinaiiis
ol
aiiy
cleceased person removed
under
this section shall
at
the
espeiise
of
the corporation
I)e
removed
aiid
re-erectcd at the place
of
i~-intrniieiit
of
siich reiriaiiis
or
at
such place mithiii the city
a,
tlie ljishop
iiiay
direct oil the application
(if
any)
of
such heir
execlitor adiiiiiiistrator
or
relative
as
aforesaid
or
failing such
applicntion
oii
the
application
of
the corporation.
(8)
The
removal
of
the reirlains
of
aiiy
deceased person under
this sectioii shall
l)e
carried out uiitler the supervision
arid
to
the satisfaction
of
tlie meclicnl
officer
of healtli
of
the city.
-_
[9
EDW.
7.1
C7rcnt
Central
RaiLicay
(I’nrious
I’owc7.s)
[Ch.
IXXXV.]
Act,
1909.
AD.
1909.
_.
Certain otlier
lands
in the citj-
of
Manchester situate
on
the northern
or
north-western side
of
and adjoining the
arch
nunil)ered
117
of
the viaduct carryiiig the Altriiichaiii
(lonipany’s
rail
my
and
Iiou
nded
oil
the west
by
Echo
Street
;
Cwtain other lands in the city
of
Nanclic~stc~r situate at the
northem
corner
of
Princm
Street
anti
Charles Street
arid
hoiiiicled
on
the
north
1
)y
the
viadnct
carrying the
i\ltrincli;im Company’s railway
and
on
the
west
by
thc
River
3letllock
;
Certain other
lands
in
the
city
of
IiInnc.hester situate
on
tlie nortliei*n
01’
iiorth-n.c~.stern
sicle
of
the viaduct carrying
tlie
,lltrincham
Conipiny’s
railway and 1)ounclecl on the
north-east
by
Priiices Street
and
oii the south-west
by
the
River
;\ledlock
;
D2
51
m
[Ch.
IxxXV.]
(;rcvt
Crnt?w1
I-ni?rro!l
(T’nriou.s.
I’oirws)
[!I
F>i)w.
i.
1
-Let,
1
OO!).
AB.
1909.
(’el-taiii
otlier
lantls
in
tlie city
of
Alanc.hester
011
the
nortliern
or
north-western sitle
of
and
adjoining the
arches
niiin1)ered
2s
ant1
29
of
the
vindi1c.t
caarrying
the
,4Itrincliam (.hiiipany’s railway and situate iiear the bridge
cari.yiiig Altrinchaiii Street orer the Riwr
Alccllock
;
Certaiii
otlier
lttiitls
in
tlie caity
oC
liaiic*hester sitiiate on
tlic
soiitl~-~~~~st~~i.ii
sitle
of
C’hatlwic~l; Street
aiitl
now
€oriiiing
part
oi
tlic
Altriiichani C’oinpany’s railway
(
’ertitill other
l;iiitl\
iii
tlic (*it!-
oE
11;mCllPSter
situatcJ
on
thr
iiorthP1.n sitle
of
;iiitl
:id
joining
tlio
A\ltriiirhaiii
Coiii1xiiiy.s
rdxij7
at
Kiiott
XI1
Statioii
:
-
;111(1
works
;
In
the
cmmty
of
Chestcr-
Certain lands in the parish
or
township
ancl
urban
tlistrict
of
Altrinchaiii situate on
the
eastern
sitle
of
the
Altrinchaiii Conipanfs railway and esteiitliiig froin
a
point
1
cliaiii
or
tlierealmnts
soli
tli
of
tlie
l~oiindary
lietween
the Altrinchaiii Compaiij~’s property
aiicl
Egerton
Terrace
for
a
clistance
of
3
chains
or
thereabouts
:
,Znd
the espentliture
of
money
in
or
a1)out tlic piucliase
OF
tlic
said
lands
is hereby saiictionecl and confiriiietl.
Extending
58.
~ot\~it,hstaiicliii~
an?-thing
in the T,;~n(l~
Clauies
C’on-
time
for
s&~
solitl,
t*
1011
A\c.t
lS45
or
in
any
A\ct
relatiiig
to
the
~\ltriiicliatri
of
ceitniii
h,,perfl,,OU,
(’oiiipany
\\
itli
\I
liirli
that
,\ct
i3
iiic’oi.i)(”.:‘tctl
the
pritA
ioi.
aii(1
I:~ll(’s
of
within
wIiicIi
tlirl
,\ltriiic*li:nii
(’oiiip;iiiy
inay
Iiolcl
wll
aiitl
tl
i5-
c~~~~~~)~~~.
pose
of
aiiy siiperflnoiis
laiicls
which
are
not
situate
near
to
or
adjoining aiiy railway
or
statim connected with their railway and
which have not yet
been
applied for the purposes
for
which
they were acquired
is
hereby extended for a period of three years
€rom tlie passing
of
this Act
but
the Altrincliam Compang shall
at
the expiration
ol
that peiiod
sell
and absolutely dispose
ol
as
superfluous
laiicls
all such parts
of
those
lands
as
shall
not
then have been applied
to
or
are
not then required for the
purposes
of
tlieir uiidertaliing.
AI
tri
llcllalll
PART
V.
FURTHER
POWERS
FOR
SEAFORTH
AND
SEFTON
JUNCTION
R
AI
I,
W+YT
C
o
AI
P-WY.
Aclclitioiial
59.
Subject
to
the provisions of this
Act
and in addition to
lailtisfol
Senforth
the other
lands
which the Sesforth C’onrpany
are
by
this
Part
of
52
this
Act authorised
to
acquire
the
Seaforth
Co~iipany
may
eiit
er
~.i).
i:m.
upon
take
use
aiid appropriate
for
the
general purposes
ol
their
c,)~ll,)~lil,,
.,
iiidertaking
and
works
coiinectetl therewith
aiicl
for
proding
geilc3r;itiiig
increasecl accoiiiiiiociation
a11
or
any
of
tlie
laiic~s
follow
ins
tleliiieatecl
on
the deposited plans
anti
clcw~ribecl
in the
tlepo5itecl
books
of
reference relating
thcrcto
ancl
iiiny
hold
for
all tlie
purposes
of
their sai(l ~~(lertaliiiig
such
of
those l;ind:,
ab
hrre
already been purchased ant1 the
same
sliall
lic
cleeiiietl
to
130
lands acquired itiicler the
powers
of this Act (that is
to say)
:-
-
In
the comity
of
hicaster-
A
piece
of
land in the parish and
rid
district
of
Sefton
containing
5
acres or thereabouts situated in
and
being
parts
of the fields
or
enclosures iiimberecl
199
and
200
011
the Orclnance inap
of
the county
of
Laiicaster
(scale
d;,loo)
Sheet
No.
XC1X.-3
dated
190s.
After
the
Seaforth Coinpany have
acquired
tlie said lads
or
any
part
thereof they
may
coiistriic*t thereon
a
station
or
stations
for
generating electrical
energy
mid
iiiay erect tliereoii bidclings
and
inay subject
to
the
provisions
of
section
51
(Provisions
as
to
use
of
electrical
power)
aiitl
section
51”
(For
protection of
1’ostiiiaster-C:eneral)
of
the Seaforth
Act
of
1903
use
dynamos
engines
aiicl
other apparatus
and
thing. necessary
or
proper
for the generation of electrical energy
or
the working of railways
thereby.
60.
If
in consequence of the construction working
and
use
For pro-
tection
of
of
the said station
or
stations bnildiiigs ant1 apparatus authorised
so,it1,,70rt
by
the last preceding .section
for
the generation
of
electi.ica1
:Illcl
Clic.liiie
energy
011
the
railways
of
the Sea forth
Coiiipaiiy
the working
Lines
lex-
of
the
telegraphic telephonic
or
electric
signal
n-ires
or
other
apparatu:,
beloiigiiig
to
the Southport
aiid
(’heshire
Lines
J3xtension
lidmy Conipaiiy (liereiiiafter called
“
the
So~thport
Compaiiy
”)
are
iiij
rrrioidy
affected
ant1
it
becomes aclvisalde in
the
opinion
of
the chief eiigiiirer
of
tlie Southport Company
that
the
telegraphic telephonic
or
electric signal wires
or
otlicr
apparatus lielonging
to
or
inaintaiiialile by the
Southport
Coni-
p;niy
shoiild
be alteretl
tlie
Southport
C’ornpnny
inaj-
execute
any
worlts
reasonnbly
necessary
for
such
alteration aiitl
the
reasoiialik
espriises
of
executing
such
works
shall
be
1)oriie
liy the Seaforth
teiibioii
Ihil-
Colllpally.
U3
5::
..
A.D.
1909.
Any yi~e~,tion
:~rimig
orit
of
this section
sliall
unless
otherwise
agreed
1x1
reftlrred
to
the
Iharcl
of
Trade
for
their cleteriiiiiiation
or
at the option
of
tht
1hu.d
to the arbitration
of
;1
p(~rsoii iioiniiiatod
by
that
Board.
-
Seaforth
61.
The
Seaforth
Conipaiiy
may
iiold
ancl
luay
usc
micl
appropriate
for
tlie
purposes
of
tlie
worlis
autliorised
lq
tlie
Act
Company
may
hold
certairi
lairds
of
1904
ailcl
for
tli~
general
slid
other
piirposes
connected with
a1re:rtly
their uiiclert;~lsiug
so
iiuich
of
tlie
following
laiids
as
Inay
have
wqtiircd.
beeii
or
111aj-
1iere:iIter
bo
acqitiretl
by
tlieiii
by
ngrcciiit~iit
or
011
their belrall
ancl
arc
clcliiieatetl
oil
plans signed
in
tliiplicate
I)y
Fir
Arthiir
Osinoiicl IVillixn\
1
laroiiet the Cliairiixui
of
tlic
Select
Coiiiiiiittce
of
the
House
of
C'oiiiinoiis
to
whoin
ilic
Hill
for
this
Act
~ras
referred
oiie
copy
of
ir1iic.h
plan5
lius
beeii dcpositetl
in
the
Private Bill
Of'iicc:
of
th
Honse
01
Coiiriiions
aiid
one
copy
in
tlie
Oitice
of
thci C'lerlc
oI
the L':\rliai~ieiits
of
the
IIoiw
of
Lords Proriclecl that the
said
laiicls
so
acqriirecl
1)s
the Seaforth
Coiiipniiy
sliall
for
the
pwpases
of
stdon
3
01
tlit.
Housing of
the
\Yorkiiig ('lasses
,Act
1903
he cleeinecl to
liarr
l~eeii
acquired
under
the
powers of this
sectioir 'l'he
laiitls
abow
wferrecl to
ancl
by
this
section
anthorised
to
be
held
used
and
appropriated
are
as
follon:,
:--
In
the
coimty
of
Tancaster---
Certain
laiitls
in
the parish
of
Seaforth
aiitl
urljan
district
of
Waterloo with Seaforth situate
at
the
western
corner
of
Bedford
Place and
Sandy
Koad
togdher with the
two
nicssuages
thereoii
linowii
as
Nos.
47
and
49
(foriiierly
43
and
45)
Sandy
Road Seaforth;
Certain other
lands
in
the said parish
with
the
two
iiiessuages
erected thereon know11
as
SOS.
10
aiitl
12
$:wart
lZoad
Seaforth
;
Certain otlier
larids
in tlie said parisli with tlie
two
iiiessuages
erected
thereoii
lcnowii
as X'os.
10
aiicl
12
Thoiripsoii
Road
Seaforth
;
Certain other
lands
in
the
said
parish with
tlie
two
niessuages
erected thereoii
knowii
as
SOS.
17
and
19
Bedford
Place
Seaforth
;
Certain other
lands
in
the said parish situate
on
the
iiortli south
aid
east sides
of
Lyttoii
(irove
together
with
the beveil
messuages
thcreon
known
as
Kos.
7
9
and
11
G
8
10
and
12
Lyttoii
Gro~e
SeaForth;
j
1
Certain other lands in tlie said parish situate oil tile iiortli
ai.^.
190~.
side
of
Elm
Road
with the two dwelling-hoiises
or
shops
thereon known
as
Nos.
10
and
12
Elni Road Senforth
;
Certain other
lands
in the said parish sitimte
011
the east
side
OF
Ash
(;rove with the iiiessnage thcreon
luiomn
as
So.
1
i\sh
Grove Seaforth
;
Ccrtaiii other lands in the said parish situate at the
iiortherii corner of I-Ienley Street
aud
Caradoc
IZoad
with the
five
niessuages thereon
1;no~vn
as
SOS.
I1
43
45
t7
ancl
49
('aradoc
Iioacl
Sea€orth
;
Certain other
hiids
in thc said parish situate
on
the south
side
of
Schitbert Street together \I-ith tlie two iiiessiiages
thereon l~nown
as
30s.
17
mcl
19
Schuljert
Street
Sealorth
;
Certain other laiicls in tlie said prisli situate on the north
side
of
Vercli Street together with the
fo~ir
messuages
thereon
known
as
Nos.
2
24
26
aid
28
I-ercli Street
Seaforth
;
Certain
other
laiids in the
said
parish situate on the
north and soiith sides
of
Icenilrick Street with the
Pour
messuages thereon known
as
Nos.
40
42 44
ancl
61
Iiendrick Street Seaforth
:
And
the
expentlititre
of
inorley
by
the Seaforth Company in
or
about the purchase
ol
the said
lands
is
hereljy sanctioned
ant1
confirmed.
62.
The
Swforth Company may grant
to
the Company
and
Lcxse
of
thP
Coiiipany
inay
take
a
lease of the undertaking
of
the Seaforth
~~~~~~~y,s
Colnpany
iipon the ternis
and
coiiditio~is stated in the heads of
iindertaking
agreement set forth
in
the Second Scheclule
to
this Act Provided
to
Company*
always
that in such event the
Coinptliiy
shall
witli respect
to
the undertaliing comprised iu such lease ancl every part
of
such
imclertaking
he
subject to all the obligations
by
the Seaforth Act
of
1903
the
Act
of
1004
the Act
of
1907
this Act
aiicl
any other
Act
or
any
of
thein imposed
on
the Seaforth
Cornpally
l'rovicled
also
that the Seaforth Company
shall
not grant
any
such lease
iiiitil
they sliall have deposited with the
13onrd
or
Trade
a
statutory declaratioii
by
two of the directors and the secretary
of
tlie Seaforth Company that
a
sum
not less than one hundred
an11
fifty-nine thonsand
pounds
has been expended upon the
idertaliing
of
tlie Seaforth Company.
11
4
3
3
[Ch.
IXXXV.]
(hecit
C'e~ztrtrl
Ilailioiiy
(
Variozcs
I'oiccm)
[!I
ED\\-.
7.1
Act,
1909.
A.D.
1909.
63.
During the continiiance of the lease
of
the nnclertaking
Ratesfor
of
the
Senf'orth Cnmpany by this Act nnthorisetl where traffic
is
traffic
wtly
conveyed
by
the Company partly over the
railway
of
the Senfortli
of
Compmly
Coinpany am1 partly
over
the
rnilnrny
of
the Company the said
aiid
Sea-
railways shall
for
the purposes
oE
calculating
the
fares
rates ancl
forth
Com-
I)"
I1
y
.
charges
be
conaideretl
as
one railway,
Saving
for
on
railways
64.
Nothing
in
this
14ct
or
in the heads of agre.emeiit
wt
forth in
the
Second Schedule to this Act shall afl'ect the
rights
of
His
Majesty's Postmaster-General iuider the Telegraph
to
place
and
innintain telegraphic lines in under upon
along
over
or
across the railways and works comprised in the nncler-
taking
of
the Seaforth Company and froin time to time
IO
nltcr
such
telegraphic lines ancl
to
enter upon the land
ancl
~vorlis
comprised in
such
undertaking
for
the
purposes
in the Telegraph
Act
2878
specified ancl the Postmaster-General shall after the
passing
of
this Act
be
at
liberty to exercise
all
the rights
aforesaid notwithstanding that tlie undertaking
of
the Seaforth
Company
is
owned leased
or
worked by the Company
as
freely
and fully in
all
respects as he was entitled to do before the
passing
of
this Act.
ter-
Po.tlnn.
Geiieral.
Provi~ioiis
of
65.
Section
19
(For the protection
of
ljiver
Xlt
Draiiiage
Se:Lfortll
Act
Commissioners)
of
the Seaforth Act
of
1903
shall
so
far
as
it
1'303
for
pro-
tectio,l
of
relates to the mill dam in the parish
of
Sefton apply
for
the
~
~-
K~W
*lt
to
protection
of
the Earl
of
Sefton and may be enforced
by
the
by
Earl
said earl
or
other the owner
for
the time being
of
the estates
of
of
Scftoll.
the
said
earl
in the township
of
Sefton in the county of Lancaster
as
if
the said
earl
had been
named
in the
said
section 19 instead
of
the C'oinmissioners
for
putting into execution the Act 19
George
111.
chapter
53
entitlecl
"
An Act
for
Draining Iniprouing
"
and Preserving tlie
Idowlands
in the Parishes
of
Lltcar Sefton
"
Halsall
and
~Taltoii-upon-the-Hill in the County Palatine
of
"
Lancaster."
be
ellforce-
PART
VI.
C!APITAL.
Power
to
Company
to
apply
fillids
to
purposes
of
Act.
66.
The Company inay apply to the purposes of this
Act
w.hich they are authorised
to
carry into execution and to
which
capital is properly applicable any moneys which they
now
have
in their hands
or
which they have power
to
raise
by shares
or
5(;
[!I
Ihn
. 7.1
G'rrat
C'oitrul
lZaiZway
(Vurious
I'ouws)
[Ch.
IXXXV.]
Act,
1909.
mortgajie
or
debenture stock
and
which
inay
not,
be required
A.D.
1909.
for
the purposes
for
n~hich tlie same were respectively authorised
to be raisetl.
-
67.
From
ancl
after
the passing
of
this Act the amount
of
Company
may
issue
three
aiid
a
half per ceiitriiii secoiid debenture stock which the
Hdclitiolla,
Coiiip;iny
arc
1)~-
the
recited
Acts
anthorisc~l
to
create ancl issue
secoiid
tie-
slia~
lie
increased
ljy
the
aclclitioii tliereto
of
seven 1iitiidrecI
an(1
:p:L::y
fifty
thoiisaiid
pouii(1s
arid
the iiioiie~x arising
from
the creation
and issue of such adtlitioual second debenture stock shall be
applied
for
the
piirposes
of
tlie I'art of this Act entitled
"
Kern
"
ITorks
illid
A
clditioiial Lands
for
Great Central Railway
Conl-
66
pany
"
ancl
for
the gcneral piirposes of the Collipany's uiitler-
taking beiiig in all cases pnrposes
to
which capital is properly
applicable And the second debentiire stock created and issued
by
the Company in pursuance
of
this section shall raiili pari
passu with all second debenture stock of the Company created
ancl
issued
or
to be created
and
issued under the authority
of
the said recited Acts and shall lie deemed
for
all piirposes to
1900.
68.
The
JIuniber
Coiiipany
inay
sul1je.c.t
to the provisions
oE
Power
to
Part
JI.
of
the Conipanies Clauses Act
18G3
raise any additional
capital not exceeding
in
tlie whole fire hundred thoiisand pounds
raise
addi-
by
the issue
of
new ordinary shares
or
stock
but
tlie H~~iiiber
tioll!'l
Company shall not issue any share
of
less noiniiial value than
ten
pounds
nor shall any share vest in the person accepting the
saiiie unless aiid until
a
sum iiot being less than one fifth
of
the
aiiiouiit,
of
such share shall
have
been paid in respect thereof.
Company
to
capital.
69.
Except
as
by
this Act otherwise provided the capital
Xew
s~iiire+
ill new
sliarcs-or
stock created
ly
the Hui&er Company &der
E
this Act :incl the new shares
or
stock thereiii aiicl the holders
Same
illci-
thexeof
respectively shall be su1)ject
ant1
entitled to the same
de1lt5~0tller
powers provisions liabilities rights privileges and iricideiits wliat-
soever in all respects
as
if
that capital mere part
of
the
now
existing capital
of
the Humber Company
of
the same
class
or
tlexription ancl tlie new shares
or
stock were
shares
or
stock
in that capital.
diares
or
70.
The capital
in
new
shares or stock
so
created shall
Newsharcsor
stock to
form
part
of
capital
of
Humber
form
part
of
the capital
of
the Humber Compaiiy.
5
7
Conipnny.
A.D.
1909.
71.
Every person
mho
hcoiiies entitled
to
new
sharcs
or
stock shall in respect
of
the
same
lie
a
hol(1cr
ol
shares
or
stock
Dividelids
on
new
s~lxres
in
thcl
TLiiinber
clonipany
and sliall l,e c~iititlcd to
:L
cliridend
Or
stock*
with the other holders
of
shares
or
stock
of
the
smie
class
or
description proportioned to
tlie
whole amount
from
time
to
time
callccl np aiict pxid
011
such
new
shares
or
to
the whole :tiiiouilt
of
such stock
as
the
case
may
be.
__
New
and
72.
Siibjcct to tlic provisioiis
of
tlic
Ihiiiil~er
Dock
Acts
and
01
thi:, Act the 13iiiiil)er
(’onip;iny
niay
if
they think
fit
raisc
ex
i
8
ti
ug
shares
or
stock
may
by the creation and issue of
new
shares
or
stock of one antl the
be
of
same
same class
dl
or
any
part
of
the
aggregate capital \rhich they
class.
are by tlie 1-Tunil)er
Dcck
Acts
ant1 this Act respectively
autliorisecl
to
raise
by
the creation
ancl
issue
of
new
sliares
or
stock.
Power
to
73.
The Huniber Company may in respect
of
the additional
Hum’’er
Company
to
borrow.
capital of five
1iiintlre.d
thonsaiitl
poun
(1s
which tJhey are
by
this
Act aiitliorisetl to raise
borrow
011
mortgage of their undertaking.
--
any moneys iiot exceecling in
the
whole one hniidred
and
sixty-
six thonsnncl
six
hundred
arid
sixty-six poiuids
antl of
that
sum
they
may
l~orrow
one thousand
poiitids
in respect
of
each three
tliousaiitl pounds of the said adtlitioiial capital but
no
part
thereof shall be borrowed uiitil shares
for
so
much of the said
additional capital
as
is
to
be raised
by
iiieaiis
of
shares are
issued
and
accepted
atid
one third of such capital is paid up
and
the
Hniiiber
Company have proved
to
the jnstice
who
is
to
certify under the fortieth section of the Companies Clanses
Consolidation Act
1S45
before he
so
certifies that shares for the
whole of such capital have lieen issued
and
accepted
and
that
me tliird of such capital
has
been paid up
ancl
that
not
less
than one fifth part
of
the aiiiomit of each separate share in
such
capital has lleen paid
on
account thereof before
or
at the time
of the issue
or
acceptance thereof and uiitil stock
for
one third
of
so
imich
of
the s:iitl :tcltlitional capital
as
is to be raised by
means of stocli is Rilly paid up
ant1
the ITuniber Company have
proved to such justice
as
aforesaid before he
so
certifies that
siich
share or stock
as
the case
may
be were
issued
and
accepted
and
to
the extent aforesaid paid
up
lion2
fide and are held by
tlie persons to whom the same were
issued
or their executors
administrators successors
or
assigns antl
also
so
far
as
the said
additional capital is raised by
shares
that such
persons
or
their
executors administrators successors or assigns are legally liable
For
the same and upon production
to
snch
justice
of
the books
5s
of
the
Huinber
(hmpaiiy
aiid
of
such
other
evidence
as
he
AD.
1909.
sliall
think sufticieiit lie
sliall
grant
;L
certificate that
tlie
proof
aForesaid
has
I)eeiL
given which certificate
shall
l)e
suflicient
evideiice tlicreof.
__
74.
Notwithstanding anytliiiig in this Act or in
any
Act
or
Power
to
I-Iumber
Cornptiiy
to
Acts incorporated herewith coiitninctl
the
Huinber
Coiiipany
11
lay
out
of
ally
inoney
11~
this Act authorised
to
lie
raid
pay
interest
p:ty
iiitereht
--
holder
of
shares
or
stock
in the capital
of
tlie
Hui~ilx~r
C'onipaiiy
a(l(llliolla1
by this Act authorised on thc
niiiouiit
froiii
tiiiic
60
tiiiie paid
up
oii
tlie s1i:irc.s
or
stock
heltl
IJJ-
him froin
the
respectiye tiiiies
of
such
payiiieiits until the expiration
of
the tiine limited
liy
the
Hiiiiibrr
Coninicrcinl liailway
and
Dock
Act
I904
for
the
coiiipletion
of
thc
tlocli aiid
works
by
that Act authorised or
swli
less
period
as
tlie directors
may
cleteriiiine but subject
always
to the coiiditioiis hereinafter stated (that
is
to
say)
:-
(A)
Xo
such interest shall liegin
to
accrue until the I'inniber
Coiiipnny shall
have
deposited with the
Board
of
Trade
a
statutory declaratioii by two
of
the directors
aiid
Ihe secretary of the
Hiuiiber
('oiiipaiiy tliat
two
thirds at least
of
the sliare capital authorised
by
this
Act in respect
of
which
snch
interest
may
be
paid
has
beeii actually issued
aiid
accepted
and
is
held
by
shareholders who
or
whose executors adiiiinistrators
or
assigns
are
legally lialde
for
the
same
:
(U)
KO
sacli
interest
bhall
accriie
in
favour
of any shareliolder
for any time during
uhicii
any
call
oil
any
o€
his
shares is in arrear:
(c)
'L'he aggregate aiiiount to lie
so
paid
for
interest shall
iiot exceed twenty thousand pouiitls
ant1
the ainouiit
so
paid
slid
not
be
deemed share capital in respect
of
which thc borrowing powers
of'
the Humber
Com-
pany
may
be
esercisetl Imt such borrowing powers
shall
be
reduced
to the extent
of
one
third
of
the
amount paid
for
interest as aforesaid
:
(D)
Notice that the Humber Company
have
power
SO
to
pay
interest out
of
capit;il shall be given in every
pro-
spectus
ad1
ertisement or other docmneiit
01
the limn-
Ixr
Company
iii~itiiig
subscriptions for shares
or
stock
cnIti
t
al.
59
A.D.
1909.
to
be issnecl imder the powers
of
this Act
aiid
in
every
certificate
of
shares
or
itocli
:
(E)
The half-yearly accounts of
tlie
Hiiinl~~
C‘oiiipaiiy
sliall
show
tlie
aiiioiuit
of
t.apita1
oii
\rhic~h
mcl
the rate
at which iiitclrcst
lias
lieon
paid
in
pirrsuance
of this
__
section.
Save
as
liereinliefore set forth am1
a5
11.~7
tioii
IO(;
of
the
Act
of
1905
ancl
section
10s
of
thc
,kt
of
1007
providecl iio iiitcrest
or
clivicleiicl shall
be
pnicl
out
af
aiiy
sliare
or
lot~ii
capital which
the
Huinber
Coinpaiiy
are
hy
this
or
any
otlicr
Act
aiitliorisecl
to raise
to
any
holder
of
shares
or
stock
of
tlie Fiiiiiiber
Coni-
paiiy
oii
the ninoimt
of
the
calls
iiiatle
iii respect
of
the
shares
held
by
him
or
the aiiiouiit paitl
up
iii
respect
of
his stock
as
the case
may
Le bnt iiothiiig in this Act
shall
prevent
the
Huiiiber
Coiiipaiiy froiii paying to
any
shareholder sucli interest
oii
inoiicy
admiiced
by
hiiii
lieyoiicl
tlie
aiiiouiit
of
tlici
calls
actually
inark
as
is in conforiiiity with tlie
Coiiipaiiies
C‘lauses
Coiisoliclatioii
Act
18-15.
Depo>its
for
future
Bills
not
to
be
paid
out
of
capital.
75.
So coinpang
shall
oiit
of
aii.~-
iiiuiiey
Ijy
this Act autlio-
risecl to be raised pay
or
deposit any
siiiii
mliich
by
any
staiicliiig
order
of
either House
of
I’arliaiiieiit iiow or liereafter in force
niay
lje
required to
be
deposited
iii
respect
of
any
application
to
Parliament
for
the purpose
of
obtaining
an
Act autliorisiiig such
Company
to
construct
any
other
railway
or
to
execute any other
work
or
undertaking.
1’AItT
VII.
RE~II
AL
OF
l’oivms
AND
E\TES~IOSS
OF
‘YISX.
Revivd
of
76.
The powers granted
tu
the
Coinpaiiy
1)~-
the
liaiichester
Sheffield ailcl Lincolnshire Railway Act
1893
for
the
coiupulsory
powers and
extension
of
time
for
com-
purchase
of
lards
required
for
tlie ltailmays
Nos.
1
arid
2
aiitlio-
puls01y pur-
chaseoflands
risecl
by
and
described in section
5
or
that
Act
except in
so
far
requiredfor
as
the said Hailway
No.
1
was
abandoned
hy
section
46
of the
and comple-
tion
of
iail-
Great,
Cwtral aiicl Derbyshire ltailw-nys
,\ct
1906
are
hereby
ways
autho-
revived and those powers
as
so
revived
iiiay
be
exercised
for
a
rised by Act
of
1893
period
of
two
years
from the twentieth
clay
of
July
oiie
thousaiicl
nine
huiiclred
aiicl
niiie
aiicl
the
powers
for
the constrnction
of
(Blackwell
and Glapwell
Colliery
the said portion
of
Railway
No.
1
aiid
for
tlie
coiistructioii
of
branches).
Railway
So.
4
are hereby revived and
iiiaj-
be
c.sercised
for
a
like
period
and
ilt the expiration
of
that period those powers
A.D.
IWY.
sliall
cease.
__
77.
The
time liinited 1)y section
36
of
the Great Central
Extension
of
time for
com-
;iiitl
ner1)ysliire Railn
ays
,2ct
1906
for
the compiilsory piwchase
pnlsory
pur-
of
lands
rcqniretl for
the
Itailwap
SOY.
l
2 3
aiid
4
authorised by
chaseoflands
required for
ant1
descrilietl
in
sect
ion
30
oi'
tliat
Act
is
herelq
exte~iclecl
for
railways
a
period
ol'
two
j-cai.s
Froiii
tlie In-piitietli
day
of
July
oiie thousand
authorised
nine
liuiidred
uid
nine
ant1
at tlie expiration
of
that period the
1906
(Glap-
powers of the
Coiiipaiiy
lei-
tlir
conipiilsory purchase
o€
those
laiitls slid1 cease.
by
Act
of
78.
The
powers granted
to
the Company
l)y
tile Act
of
Iicyi\a1
of
power's
am1
tune
for
coni-
1905
for
thc coinpulsory purchase
of
lands
requirecl
For
the con-
extcnsioll
of
structioii
of
the
works
for the inariiie
lake
authorised by and
pulsory
i~nr-
described in section
19
of that Act are hereby revived aiid those
::;;r;ig;15
powers
as
so
rcvived
niay
be exercised
for a
period of three
nrl(lforcol1-
years
froiii the fourth day
of
August one thousand nine hiiiidred
Clcethorpcs
and eight and at the expiration of that period those powers
authoriset1
by
shall cease.
structioii
of
marine
lwkc
Act
of-
190.5.
79.
The time liinitecl
by
section
84
of
the ,4ct
of
1907
for
the
Extenbioii
of
completion
of
the Railwap
Xos.
2
to
8
authorised
by
and
described
~~~~~~r~('nl-
ill section
5
of
the Act
of
1001
is
herelq
extended €or
a
period
rtii1\v:tJb
atlci
of
two years
froin
the twenty-sixth day
of
.Tuly one thoiisand
roads
auth-
rised
by
Act
nine
linndred
aiid nine aiitl
at,
the espiratioii
of
that period the
of
1901
:Llltl
powers
for the coiiiplc~tiou
of
tlie
saitl
railways sliall cease except
for
~~~)m~m-
as
to
so
niucli thereof
as
is tlieii completed
aiid
the time liiiiited
cxistil,g
,
t,il-
by
the
said
section
S4
for
the completion
of
the
new
road
aatho-
wy.
rised
by
aiid described in the said section
5
of
the
Act
of
1901
and for the abmdoniiieiit
of
the portioii
o€
the
Great Coates
Branch Hailway authorised
and
required to
be
abancloiied
by
sections
7
and
10
of
the Act
of
1901
is liereby extended
for
a
period
of
three months
froiii
the said twenty-sixth day
of
July
one tliousand nine hmidred
and
nine
:
Provided always that nothing herein contained shall prejudice
or
affect the rights
and
interests
of
Sir
Walter Gillley Raroiiet
or other the owner
for
the time being
of
the lands rekrred
to
in the said section
7
of
the Act
of
1901
or
of
the Company
either under that section
or
under any existing agreement
between the Coiiipany
and
the said
Sir
Walter Gilbey with
respect
to
the subject matter of that section and the Company
lIlCllt
of
61
[Ch.
lxxxv.]
Great
Ccntrat
RalZzciay
(Vnrioz~s
Pozoers)
[9
En\\;.
7.1
Act,
1909.
A.D.
1909.
shall
fiilfil
the
obligations iiuposed upon them
Iiy
the said section
within the
said
pcriotl
of
three months.
ion
85
of
the Art
of
1907
for
the compnlsory
p11rcli;iw
of
laiitls
required
for
th
coiistrnc.tioii
of Railwaj-
No.
1
authoriset1
by
ant1
cleqcribed
in
section
5
of
the
Act
of
1903
antl
for
the
cwiiipletion
ol'
the s;iicl ixilway is hereby
esteiicletl
for
a
prriotl
of
two
yc;m
from
thc t\\-entF-first
(la)-
of
July
one
thoiisand
niiie
liiiutlrecl
antl
nine
aut1
at tlic espiixtioii
__
Extensloll
of
puisory
pllr-
requlreci
for
1w13
,~rlc'
ii)r
col~i[lll~tl
of
iaiIwcty.
80.
The
tiiiic liiiiitetl
1))-
s
time
for
coni-
chase
of
1:ilids
railway autho-
rise(1
by
Act
o€
of
that pxiotl
those
pomcrs
shall
ccase.
Rerival
of
81.
The
powers
gr,inte[l
to
the
liothxhaiii Jlalthy
and
1'0\\'CL'S for
COIkl1)lllSOl'y
Laughton Railway
('onipmy
1)y
the
1iothei.harii Malthy and
I~lIf'Cl1:18C
of
Laughton Iiailway
Act
1
%OS
for
the compulsory piirchase of
lands
required
Cor
the
construction
o€
the railways authorised by
lalldz
Ulld
csteiisioii
of
time
for
ancl
descrild
in
section
S
of
that
Act
are
hereby
revived
ancl
btr'lCtiollof
those powers
as
so
revived may
lie
exercised for
a
period
of
railway
:LutllorisC~~
by
three years from tlie fourth clay
of
August
one thousand nine
Rotllerllam
hundred
and
eight
ant1
at the expiration
of
that pcriod those
La,lB~~to,l
po~~ws shall cea5e and the time liiiiitetl
by
the said *Zct for tlie
1i:Lilway
Act
completion of the snit1 railnrays is hereby extended
for
a period
of
one year
froiii
the fourth
claj
of
August one thousand nine
hundred
ancl
ten
and
at
the expiration
of
that period those
pomers shall
cease.
82.-(1)
The time liiiiited
by
section
S;;
of
the
&let
of
1907
for the compulsory piirchase
of
lands required
for
the railways
and
portions
of
railway hereinafter specified antl €or the coniple-
the
said
railn.ays
and portions
of
railuxy
is
hereby
extended until the tenth
day
of
July
one thousand
nii~e
hunclrecl
and eleven
(that
is to
sap)
:
~--
(A)
So
much
of
Railway
No.
1
authorised
by
ancl
tlcwxibed
in
section
10
of
the
Korth
Lindspy Light Railways
Orcler
1900
as
lies betreen thc point marked aid
measured
on
the
deposited plans of the
said
liailway
No.
1
one
mile
five
farlongs anti
the
point markecl
and nieasured on the
said
plans
three ides three
furlongs
:
(B)
So
much
of
Railway
No.
1
as lies lietween
n
point on
the sonthern side of Marsh Lane in the parish
of
TYinteringham niarked and measured on the deviation
plan referred to in the said Order one mile one
furlong
two
chains
and
the termination
of
the said
Railway
No.
1
:
Maltby
riiid
19
05.
Exteiisioii
of
time
for
compulsory
purcliare
of
laid.;
aiid
for
tion
of
winpletioiiof
work5
for
xOrth
sey
Light
Itailways.
62
A.U.
1909.
-
(c)
Railways
Nos.
2
3
and
3A.
(2)
The
tiiiie liiiiited
1)j-
the Xorth JAitlsey Light Railways
(Extensions) Ortler
1006
€or
the
compulsory
purcliase
o€
lands
reqitired
lor
the coiistrnctioii
o€
the railways authorised by ancl
described in section
(j
o€
that Ortler is hereby extended iuitil
the teiitli
clap
of
July
oiie
thousand iiiiie linnclreil
aiicl
eleven.
(3) The
he
liiiiited
by
tlie ,lct
of
2907
lor
the coinpiilsory
purchase
01
lniids
required
For
the construction
of
tlie
Railways
SOY.
1
ancl
11
authorised
by
aiicl
clescribed in section
25
of'
that
,2ct is hereb~7 extended until tlic tellti1
da-
oll
Jnly
one
thousand
nine hundred ancl eleven.
(4)
After
the
said
tenth day
of
July the powers
€or
the
compulsory purchase
01
the
said
lands ailcl
for
the coiiipletioii
of
the said railwaj-s antl portions of railway sliall
cease,
83.
The time liniited 1Jy section
ST
of
tho
kt
of
1907
for
Estcnsioiiof
the
conipulsory
purchase
of
laiids
requiiwl
for
the railways and
pul>ory
for
pur-
~vorlis
authorisetl by
tlie
Seaforth
Act
o€
1003
(except
in
so
far
c1i:iseofl:iiic~
as
the
said
railways
were
abandonet1
hy
the Act
of
1904)
antl
for
com-
pletion
of
for
the
compnlsory purchase
of
laiitls
required
for
the railways
works
for
aid
morlrs
nntliorised
lg
Part
ZIT.
of the Act
of
1904
is
hereby
se~fortll
and
Sefton Jiinc-
extended
for
a
period
of
two
years
from
thc twenty-second
dag
tiou
Ij:,il-
of
.July one thonsand iiiiie
huutlred
ancl
nine
aiirl
the times
IF.
1iIiiited respectively
by
tlie said Acts
of
1004
and
1907
for the
coiiipletioii
ol
the said railways ancl
works
is
hereliy extended
for
the like period and at the expiration
of
that period those
powers shall cease.
dation Act
1845
or
in any Act relating to
the
Great C'entral and
:~~~i~~~-sale
lL\lidlaiitl Joint Coiiiiiiittec wit11 which that Act is incorporated
the
tlllol1S
lands
84.
Notwithstanding anything in the
Lands
Clauses Consoli-
~xtenc~iiig
I
periods
for
ancl
mithiii which that coininittee
iiiay
hold sell
and
of
Central
Great
ancl
dispose
of
any
superfluous laiitls connected with their railway
~1i~1l:~~~~
which have not yet heen applied to
the
purposes
for
which they
Joint
C~I-
were
acquired
are
hereby extended for
the
periods following (that
is to
say)
As regards such
of
the said lands
as
are sittiate near
to
or
adjoining
any
railway or station
of
the Great Central and
Miclland Joint Comniittee €or the period
of
ten
years
from
the
passing
o€
this Act And
as
regards
the
other
of
the said lands
for
the period
of
three years from the passing
of
this Act
But
the Great Central and Midland Joint Committee shall at the
expiration
of
those respective periods sell
and
absolutely dispose
mittee.
63
A.D.
1909.
Saving
of
rights
where
power-
:we
revived.
Removing
doubts
as
to
laiids
to
be
iiicliided
iii
leaseof
Hnm-
ber
Dock.
Ameiidiug
agreemeil
t
for
lease
of
Hiimher
Dock.
of
as
superfluous lands
all
such
parts of those lantls
as
shall
not then have hen applied to or are not then required
for
tlie
purposes
of
their uiiclertaliing.
85.
\\'liere
by
this hct the
pon-ers
for
the compulsory pur-
chuse
of
any
laiicls are revived the provisions cont;iined in tlie
Act
by
which tht.
wit1
powcrs
weye originally grantd aiid
in
any
su
1)scqiiclnt Act
for
the protection aiid benefit
of
the
Crown
or
of
any
locd
authoiity company
or
person shnll cont
iniie
to
be
in
forcc
as
if the period for the exercise of
such
compiilsory
powers
lint1
not
espired.
PAWT
1x1.
MI
sc:
E
LI,
AN
EO
U
s.
86.
Tlle lease to
be
granted by the
Huinber
Company in
pursuance of
the
Humher
Dock Acts and the agreeinen ts scheduled
thereto of the
clock
and
worlts
authorised
by
the Humber Dock
Act
1904
shall include all laiicls purchased aiid all
works
executed
by the
Huinber
C'oinpany in pursuance of tho Humher Dock Acts.
87.
For
the purpose
of
determining the amount
o€
capital
to
Le
expeiiclcd liy the
Jliiiiibcr
Corripany iii carrying into effect
the
Hnmbcr
Dock
Acts ancl the rent payable
by
the Company to
tlie
Humber
Company
the provisions contained in paragraphs
7
12
and
10
of
tl:e
agreeineiit
dntecl
the fifteenth day
of
June
one
thousand nine hundred
ant1
four
made between the Cornpaiiy
ancl the
Humber
Company
and
confirmed by the Humber Com-
mercial Railway ancl
Docli
Act
L90-1
shall unless otherwise agreed
lietween the Coinpaiiy ancl the
Humber
Company be deemed to
include
in
the
''
estimate
of
probable expenditure
l1
in
such
paragraphs referred to in addition to the items set forth in
paragraph
12
of the said agreement the following matters and
things (that is to say)
The estimated cost oi the acquisition of additional lands
ancl
oil
the construction
o€
aclditioiial works authorised
by the Humber Dcck Acts
or
any
of
them:
(2)
All
legal
and
parliaiiientary expenses axid engineers'
fees
incurred
or
to be incurred by the Humber Company
in connection with their iindertakiiig and allowd
by
the Company
:
64
(3)
The cost
01
keeping the additional works
in
repair during
A.D.
IWP.
the period
o€
maintenance provided
for
bp
the said
-
agr e eineii
t
:
(4)
Any capital sum which with the sanctioii of Parliarneiii
the Humber Company
inay
expencl in payment
of
interest during coiistruction
on
any shares or stock
issued
or
to
be
issued
l)y
the
IIiiinber Company
ancl
not already iiicluded in paragraph
12
(3)
of the said
agreement
:
(5)
Aii~
sunis
expended
or
to be expended by the Huniber
Compaiiy (with the coiisent of the Company) by way
of coniiiiissioii
or
otherwise in connection with the
issue aiid placing of their authorisecl capital
:
(6)
Generally
any
capital
sums
which the Humber Company
may with the consent
of
the Coiiipany expend
or
procure to be expended for
any
oP
the purposes
authorised
by
the Humber
Dock
Acts or any
of
them
not hereinbelore
or
in the said agreement specifically
reierred to.
88.
The powers
of
section
22
(Power to Company to sub-
Dcfitiiiig
scribe
to
companies accepting leases)
of
the Humber Commercial
powers
of
IZailway
aiid
1)ock
Act
1908
shall not be exercised except
in
favour
D,,(.B
(tal,,-
of
a company or companies formed and carried
on
for the
P~Y
of
w'+
bcribiiig
to
specific purpose
of
the coiistruction or working or both
of
graving
sltbii,]i;,,,-
docks in connection with the Rnmber Company's undertaking
coq:iti
ie-.
ancl
upon
some part of that Company's estate and of the
con-
struction
or
working- or both of such buildings shops and worlis
as
are ordinarily incident thereto and shall not be exercised
by the Company.
upon whom powers are conferred by this Act
or
their respective
g';;,:;:"'
railways from the provisions of any general Act relating to
Acti.
railimys
or
the better and more impartial audit of the accounts
of railway companies passed before
or
after the commencement
of
tliis Act
or
Prom any future rerisioii
or
alteration under the
anthority of Parliament of the maxinium rates
of
fares and
charges
or
of
the rates lor siiiall parcels authorised by this
Act.
preparing
for
obtaining
aiid
passing of this Act or otherwise
in
relation thereto shall be paid by the Company.
Hum
hcr
89.
Nothing in this Act coiitained shall exempt any company
P~OI
i-ioii
:Ic
90.
All
costs charges and expenses
of
aiid
incident
to
the
Cost.
of
A(4
..
1:
G
5
[Ch.
IXXXV.]
Great
C‘mtral
&adway
(Va~ious
Powws)
[9
EDW.
7.1
Act,
1909.
AD.
1909.
‘I‘he
SCHEDCLI3~
ref’errecl
to
in
the
foregoing
Act.
‘J’lIE
FIRST
SCHEDULE.
DESCRIBING
PROPERTIES
WHEREOF
I’ORTIONS
ONLY
BllE
liEQUIRED
TO
BE
TAKEN.
Parish
or
other Area. Numbers
011
depositetl
Plans.
-
~
....-
THE
SECOE-D
SCHEDULE.
HEADS
FOR
PI~OPOSED
LEASE
FROM
THE
SEAFORTH
sr)
SEFTON
JUXCTION
RAILWAY
COMPANY
TO THE
GREAT
CENTRAL
RAILW-~Y
COMPANY.
Subject
to
Parliamentary power being obtained the Seaforth and
Sefton Junction Railway Company will grant to the Great Central
ltailway Company a lease of all the undertaking
of
the Seaforth and
Sefton Junction Itailmay Company as authorised
by
the Seaforth and
Sefton Junction Railway Act
1903
Act 1904.
The term
to
be
999
years from the date
of
the coinpletion of such
The
rent will be payable half yearly and will be-
railways and WorkS.
A.
Ai
slim
equal to
4
per centnm upon-
(1)
The capital expeiiditure approved by the Great,
Central Railway Company upon the railways and works
iiicluding expenditure on land arid
on
redemption of land
tax
tithe and other cominutable outgoings
;
66
(2)
The legal
arid
Parliamentary expenses
of
the Seaforth
(3)
The cost of niaintainiiig tlie railways and works
for
one
year after coiistruction
;
(4)
Any capital sum mliich with the sanction
of
Parlia-
inent the Seaforth and Sefton Junction Railway Company
may
expend in payiiient
oil
interest during construction
upon
any
capital issued by the Seaforth and Sefton
Junction Railway Company
;
(5)
The commission and other expenses
of
issue allowed
by
the Seaforth and Sefton Junction Railway Company
with the approval
of
the Great Central
Itailway
Company
on
the issue
of
any capital
of
the Seaforth and Sefton
Junction ljailway Company
:
B.
A
miii
not exceeding five hundred pounds
a
year
to
cover
office
and
administration expenses
of
the Seaforth and
Sefton Junction Railway Company
from
the (late
of
the
lease
:
C.
Such
i'iirtlier sum as may be required to enable the Seaforth
and Sefton Junction Railway Company to pay
4
per
centiun per annum
011
the capital from time to time
issued
by
that coinpany
:
Provided that
if
tlie Seaforth
and
Sefton Junction Railway
Com-
pany shall be able to raise any part
of
its
capital at
a
lower rate of
interest than
4
per centum
per
aiinuiii then that part of the rental
which is
to
represent interest on the capital raised
at
such lower rate
of
interest or on expenditure out
of
such capital shall be calculated
at
the actual rate
or
rates
of
interest at which such amounts shall
liave been raised instead of at the rate of
4
per centuni per
annum.
The lease will contain col-enants by the
(j
reat Central Railway
Company-
(I)
To
pay the saitl rent
:
(B)
To
pay
all rates
tales aiitl
otlier outgoings
:
(c)
To
keep the tleniised premises in repair:
in)
To
pei,forin
and
observe
all
duties antl obligatioils uncler Ac ts
of
Parlianient iii respect
of
the tleniised premises antl to
iiitlei~inify the Seaforth
ant1
Sefton Junction Railway Coin-
pany
in
respect thereof
:
(E) To
yield
iip
tlie tleinised premises
011
the expiration
or
sooner
tleteriiiination
of
the
term.
TIie lease
TT~J
c*ontain
a
co\-enant
l)y
tlie Seaforth
ancl
Sefton
Junction Railway
Conil~aiiy
for
quiet
eiijoyiiient by the
C:
reat Central
Ilail~vay Coinpany.
A.D.
1909.
and Sefton Junction ltailway Company
;
7
67
[Ch.
IXXXV.]
(:i.ea/
Central
Radwuy
jl'ai-ioz~~
Pozecm)
[9
EDW.
7.1
IICt,
1909.
A.D.
1909.
The
lease will
also
contain
a
proriw
for re-entry
by
tlie
Seaforth
ant1 Sefton Junction Railway
Conipan~-
in the event
of
aiiy
relit
reiiiaining unpaid for thirty clays after it
has
1)ecoiiie
tlue
aiicl
also
all
other conditions
and
provisionr
nmal
in leases
of
the
same
kintl.
As
witiiess the
seals
of
the
two
Conipanies tliis twentieth
clay
cif'
April
1901).
__
The
comiiioii
seal
of
the Seaforth
aiicl
Sefton
Jnnctioii Railway
Conipaiij-
was
liereto
affiscrl
in
the
presence
of
0.
8.
Horn
Secretaiy.
The
coiniiioii seal
of
the Great
Central llailwlty
Compaiiy
was
hereunto
affixed
in
tlie
presence
of
0.
R.
HorT
Secretary.
Printed by
EPRH
:id
SPOI'TI~WOODY,
I,frl.,
FOK
BOWLAED
~~ILEY,
Esq.,
M.V.O.,
the
Ihg'a
1'1
iiiter
of
of
Parliament.
And
to
be
purchased,
eicher
directly
or
throrigh
any Ilooksrller,
from
WTMAS
AND
SONS,
LTU.,
FRTlER
hXE,
E.C.;
or
OLIVER
AWD
BOYD,
'hVEEDnALE
COCKT,
~
;
or
E.
PONSONBT,
llfi,
GRAFTOS
STKEET,
I)TBJ.I~.
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