Liverpool and Manchester Railway Act 1832

Publication Date:January 01, 1832
Liverpool and Manchester Railway Act 1832

(2 & 3 Will. 4) c. xlvi

An Act for enabling the Liverpool and Manchester Railway Company to make a Branch Railway; and for amending and enlarging the Powers and Provisions of the several Acts relating to such Railway.

[23 May 1832]

ANNO SECUNDO GULIELMI IV. REGIS. **************************************************** Cap. xlvi. An Act for enabling the Liverpool and Manchester Railway Company to make a Branch Railway; and for amending and enlarging the Powers and Provisions of the several Acts relating to such Railway. [23d May 1832.] W HE RE AS by an Act passed in the Seventh Year of the Reign of His late Majesty King George the Fourth, intituled An Act 7G.4. c.49. for making and maintaining a Railway or Tramroad froin the Town of Liverpool to the Town of Manchester, with certain Branches there from, all in the County of Lancaster, the several Persons thereby united and made one Body Corporate, by the Name and Style of "The Liver- fool and Manchester Railway Company," were authorized to make and maintain the said Railway in the Lines and Directions described in a Plan and Book of Reference thereof, deposited with the Clerk of the Peace of the said County Palatine of Lancaster, as in the said Act mentioned : And whereas by Two other Acts, the one passed in the Ninth Year of the Reign of His said late Majesty, intituled An Act to enable the Company 9 g. 4. c. 7. of Proprietors of the Liverpool and Manchester Railway to alter the Line of the said Railway, and for amending and enlarging the Powers and Pro visions of the several Acts relating thereto, and the other passed in the Tenth Year of the same Reign, intituled An Act for enabling the Liver- 10G. 4.c 35. pool and Manchester Railway Company to make an Alteration in the Line of the said Railway, and for amending and enlarging the Powers and Provi sions of the several Acts relating thereto, the said Company of Proprietors were empowered to make such Deviations from or Alterations in the [Zeva/.] 10 U Line 906 2GULIELMI IV. Cap.xlvi. Line of the said Railway as in the Two several Acts now in recital are expressed, and as described in the Two several Plans and Books of Re ference thereof, also severally deposited with the Clerk of the Peace of the said County, as in the said Two last-recited Acts is mentioned : And whereas Two other Acts were passed, the one in the Seventh and Eighth 7&8G. 4. Years of the Reign of His said late Majesty, intituled An Act for amend ed 21. ing and enlarging the Powers and Provisions of an Act relating to the Liver pool and Manchester Railway, and the other in the First Year of His 1 W.4. c. 51. present Majesty's Reign, intituled An Act for amending and enlarging the Powers and Provisions of the several Acts relating to the Liverpool and Manchester Railway: And whereas the said Railway, by the said several recited Acts, or some of them, authorized to be made, has been opened to the Public ; but the same, and the Works connected therewith, are not yet completed: And whereas it would materially improve the said Railway, and facilitate the Communication with the Town of Liverpool, if a Branch Railway were made for the Purposes and in the Situation and in manner herein-after mentioned: And whereas it is expedient that some of the Powers and Provisions in the said several recited Acts should be amended and enlarged, and that further Powers should be granted : And whereas the several Purposes herein-before mentioned cannot be carried into exe cution without the Authority of Parliament: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament as- Powers of sembled, and by the Authority of the same, That the said several recited recited Acts Acts of the Seventh, Seventh and Eighth, of the Ninth and of the Tenth thiPlAct.t0 Years of the Reign of His said late Majesty King George the Fourth, and except as tne sa'd recited Act of the First Year of the Reign of His said present herein Majesty, and all the Powers, Exceptions, Penalties, Forfeitures, Payments, altered. Rules, Remedies, Directions, Articles, Matters, and Things therein respectively contained, shall (except so far as the same or any of them have heretofore been or by this Act is or are varied, altered, or repealed,) be good, valid, applicable, and effectual for carrying this Act into execution, to all Intents and Purposes. Company empowered to make a Branch Railway. II. And be it further enacted, That it shall be lawful for the said Liverpool and Manchester Railway Company, and they are hereby empowered, to make a Branch Railway, as herein-after mentioned, for the Passage of Waggons, Carts, and other Carriages, properly constructed, commencing at and communicating with the main Line of the said Liverpool and Manchester Railway in the Township of West Derby in the Parish of Walton-on-the-Hill in the said County, and extending to or passing through or into the several Parishes of Walton-on-the-Hill and Liverpool, and through or into the several Townships, Hamlets, or Places of West Derby, Edge Hill, and Liverpool, or some of them) all in the said County of Lancaster, and terminating at or near to a certain Place now or lately called the Cattle Market, situate on the Easterly Side of Lime Street in Liverpool aforesaid, and also to make and construct the Tunnel hereinafter mentioned, with proper Warehouses, Wharfs, Landing Places, Steam and other Engines, and Works, for such Branch Railway; and such Branch Railway and other Works shall for all the Purposes of this Act and of the said several recited Acts be and be considered Part and Parcel of the Liverpool and Manchester Railway. III. And 2GULIELMI IV. Cap.xhl 907 III. And be it further enacted, That the said intended Branch Railway, Tunnel in so far as the same shall be within certain Lands in West Derby aforesaid, L"jerPo1. numbered on the Plan herein-after referred to, y, 8, g, 10, and 10 a, and in on in £hg the Schedule to this Act mentioned to belong to the Devisees of Thomas Line deli- Earle Esquire, the Heir or Devisees of William Chadwick, Messieurs Hodson neated on and Cardwell, and their Representatives, and others, and thenceforward, so tll(:plan' far as the same shall be within Edgehill aforesaid, and also so far as the struCted to same shall be within the Town of Liverpool, shall be made and continued the Satisfao.- within and by means of a Tunnel to be constructed under the said Lands tion of the in West Derby, and under the Houses, Buildings, Lands, and Streets in gJPgraJion Edgehill aforesaid, and in the said Town, in the Line and Direction deline ated and shown in the Plan of such Railway which has been deposited with the Clerk of the Peace of the said County Palatine of Lancaster, or as near thereto as practicable; and the said Tunnel shall be excavated, formed, and constructed according to a Plan, Section, and Specification, to be submitted to and approved of by the Surveyor for the Time being of the Corporation of Liverpool aforesaid, previous to the Work being commenced ; and such Surveyor shall at all Times have full Authority, with any Assistants or Workmen, to inspect and examine the same during the Progress of the Work, and during the Time the said Tunnel or Tunnels shall continue to be used for the Purposes of the said Railway; and it shall not be lawful for the said Company, their Servants, Agents, or Workmen, in the Excavation of the said Tunnel, to use any Gunpowder for the Purpose of blasting, or to blast any of the Rock or Stratum of Earth there found, without the Consent of the said Surveyor for the Time being first had and obtained in Writing for that Purpose; and in case any Agent, Servant, or Workman of the said Company, or any other Person or Persons, shall use any Gunpowder for the Purpose of blasting or shall blast any of the Rock or Stratum of Earth found in forming or excavating the said Tunnel, without such Consent as aforesaid, such Agent, Servant, or Workman, or Person or Persons aforesaid, shall forfeit and pay for each Offence a Sum not exceeding Five Pounds, to be recovered in like Manner as any other Penalty under the said recited Acts of either of them may be recovered. IV. And be it further enacted, That if the said Company shall deem it As to Devia- requisite, for any Reason, to make any Deviation from the Line or Level tion of Line of the said Tunnel as delineated and shown in the said Plan and Sections, unne ' it shall be lawful for the said Company and they are hereby empowered to make such Deviation, having first obtained the Consent in Writing of the Common Council of the said Town thereto, under the Superintendence of the Surveyor for the Time being of the said Corporation of Liverpool: Provided always, that no Deviation or Alteration shall be made in the Line or Level of the said Tunnel which shall in any Manner interfere with or cause any Alteration to be made in the Levels or Construction of any of the Sewers now proposed and intended to be made by the Commissioners for putting into execution an Act passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled An Act for the better Paving and Sewerage of the Town o/Xiverpool 11 G.4. c. 15. in the County Palatine of Lancaster, and for settling the Boundaries between the said Town and the Township ofKirkdale, and Parts of the Townships o/'JEverton and West Derby, according to the Plans already adopted and approved of by them, without the Consent of the said Commissioners; nor 908 Yard in Lime Street and Branch Railway in Liverpool to be only used for Passengers and their Luggage, &c. unless with Consent of the Common Council. 2GULIELMI IV. Cap.xhl nor shall any Alteration be made in the Level or Direction of any of the Sewers or Drains made or to be made in the said Town which shall...

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