London and North Western Railway (Additional Powers) Act 1883
| Jurisdiction | UK Non-devolved |
| Citation | 1883 c. cxlv |
| Year | 1883 |
f 46 & -47
VICT. | London and North Western [Ch. CxlV.J
Railway {Additional
JPoioers)
Act, 1883.
CHAPTER cxlv.
An Act for conferring further powers upon the London and
A.D.
1883.
North Western Railway Company in connection with their
own undertaking and upon that Company and the Lanca-
shire and Yorkshire Railway Company in respect of their
North Union Railway and upon the Lancashire Union
Railways Company in respect of their undertaking and
for other purposes. [2nd August 1883.]
W
HEREAS it is expedient that the London and North Western
Railway Company (in this Act called the Company) should
be empowered to make the -widenings alterations and improvements (New
of then existing railways and to make the new and alter and stop works-)
up the existing roads streets and footpaths and to execute the other
works and exercise the other powers in this Act respectively men-
tioned and to acquire for the purposes of the works by this Act
authorised and for the general purposes of their undertaking the
lands in this Act also mentioned :
And whereas it is expedient that the powers hereinafter expressed (Company
should be conferred upon the Company and the Lancashire and JjJJ York?
Yorkshire Railway Company with respect to the North Union
shire and
Railway which belongs to those Companies jointly and upon the Lancashire
Lancashire Union Railways Company with respect to the Lanca- pj^g.) °m"
shire Union Railways which are worked and maintained by the
Company :
And whereas plans and sections showing the respective lines and
(Plans and
levels of the works by this Act authorised and plans of the lands by ^nt8ed}
this Act authorised to be acquired and appropriated and also books
of reference containing the names of the owners and lessees or
reputed owners and lessees and of the occupiers of the lands
required or which may be taken for the purposes or under the
powers of this Act were duly deposited with the clerks of the peace
for the several counties within which those works will be constructed
[Local.-145.] A 1
[Oh.
CXlv.] London and North Western [46 & 47 VICT.]
Railway {Additional Powers) Act, 1883.
A.D.
1833.
and those lands are situate which plans sections and books of refer-
ence are in this Act respectively referred to as the deposited plans
sections and books of reference;
(Bolton and And whereas it is expedient that the time limited by the London
ExE™ of and North Western Railway (New Railways &c.) Act 1878 for the
time.) construction and completion of the Bolton and Kenyon Railway
Deviation No. 2 thereby authorised should be extended;
(Superfluous And whereas it is expedient that further powers should he con-
kn s'^ ferred respectively upon the Company and upon the Company and
the Lancashire and Yorkshire Railway Company with respect to
the sale or other disposal of lands acquired by them which are not
or eventually may not be required for the purposes of their respec-
tive undertakings as hereinafter mentioned :
(Trespass.) And whereas it is expedient to make further and better provision
for the prevention of trespass upon the railways and stations belong-
ing to or leased or worked by the Company or the Company and
any other Company as in this Act contained :
(Whitehaven And whereas the Company in the session of 1877 introduced into
tdlT)1011
Parliament a Bill whereby they sought power to acquire the
undertaking of the Whitehaven Cleator and Egremont Railway
Company (hereinafter called the Cleator Railway) and such Bill
passed into an Act under the title of the London and North
Western Railway (Whitehaven Cleator and Egremont Railway
Vesting) Act 1877:
And whereas during its passage through Parliament the said Bill
was opposed by the Cleator and Workington Junction Railway
Company (hereinafter called the Workington Company) and by
certain iron-ore smelters mineral proprietors landowners merchants
freighters and traders in the western division of the county of
Cumberland (hereinafter collectively designated as " the traders"):
And whereas such opposition was withdrawn upon certain agree-
ments being entered into one of such agreements being dated the
thirtieth day of April one thousand eight hundred and seventy-
seven and made between the Workington Company the Eurness
Railway Company arid the Company (hereinafter called the tri-
partite agreement) and the other of such agreements being dated
the first day of May one thousand eight hundred and seventy-seven
and made between the Company the Eurness Railway Company and
the traders (hereinafter called the traders' agreement):
And whereas by the tripartite agreement it was provided (inter
alia) that the rates on traffic in articles enumerated in the mineral
class of the Clearing House classification including coal coke and
pig iron passing between the Cleator Railway west or south of
Yeathouse Station (including that station or any present or future
2
[46
&
47 VICT.] London and North Western [Oh. CXlV.]
Railway [Additional Powers) Act, 1883.
branch or extension of such railway west or soutli. of the said
A.D.
1882.
station) or the joint line of the Eurness and Whitehaven Cleator
and Egremont Bail way Companies between Sellafield and Egremont
or any present or future branch on that joint railway on the one
hand and Harrington and Workington and other places the traffic
of which was in competition between the line of the Workington
Company and the Cumberland lines of the Company on the other
hand should be fixed by the three contracting Companies at equal
mileage rates not exceeding the maximum rates authorised by the
Cleator and Workington Junction Railway Act 1876 and such
terminals as the three Companies or either of them were entitled to
charge not exceeding three pence a ton:
And whereas by the traders' agreement it was agreed to alter and
reduce the rates on the Cleator Railway as therein mentioned and
that a clause to provide for such alteration and reduction should be
inserted in the said Bill and such clause was inserted and now forms
section 17 of the said London and North Western Railway (White-
haven Cleator and Egremont Railway Vesting) Act 1877 :
And whereas it was further agreed by the traders' agreement that
the rates and charges aforesaid mentioned and agreed to in the
tripartite agreement should during the continuance of that agree-
ment he the maximum rates chargeable from and to competing
places named in such agreement and further that traffic carried in
owners' waggons on the Cleator Railway and between the Cleator
Railway and stations on the said Whitehaven Junction Railway
between Whitehaven and Maryport inclusive should be subject to
an allowance of one farthing per ton per mile for the use of such
waggons;
And whereas the Cleator and Workington Junction Railway
Company in the session of
] 881
introduced into Parliament a Bill
for amongst other things authorising the making by that Company
of certain railways between Workington and Maryport in competi-
tion with the portion of the Company's Whitehaven Junction Rail-
way between those two places but the said Bill so far as the same
related to the said proposed railways was rejected on the opposition
of the Company and on their undertaking to extend the benefit of
the traders' agreement to the said portion of their Whitehaven
Junction Railway and to make applicable thereto the maximum
scale of rates chargeable under the said Cleator and Workington
Junction Railway Act 1876 in respect of the traffic aforesaid :
And whereas notwithstanding that the Company duly fulfilled
the said undertaking and reduced their rates accordingly the Cleator
and Workington Junction Railway Company in the session of 1882
introduced into Parliament another Bill for authorising new rail-
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