Midland Railway (Nottingham and Lincoln Railway) Act 1845

Publication Date:January 01, 1845
Midland Railway (Nottingham and Lincoln Railway) Act 1845

(8 & 9 Vict.) c. xlix

An Act to empower the Midland Railway Company to extend the said Railway from Nottingham to Newark and Lincoln

[30th June 1845]

ANNC OCTAVO & NON0 VICTORIA3 REGINB. cap. X1i.x. Ail Act to empower the MidZuncZ Railway Company to exterid the said Railway from Nottinqhaz to 2Vewar/c and Li72coZrz. [3Q th JAe 1845 .] HEREAS under and by virtue of several Acts of Parlia- ment Railways have been made from the London and Birminghcim Railway at Rugby in the County of Wsrrzrick to Leicester, Nottinghrcm, and Derby, by a Company called the Mid- land Counties Itailway Company, and fiom Biminghcini to De1.b~ by a Company called the Bi~wzinghain and Derby Jzrnction Railwaj- Company, and from Derby to Leeds by a Company called the A'ortli Midland Railway Conipany : And whereas by an Act passed iii the last Session of Parliament, intituled An Act to consolickrte the North 7 A s Vict. Midland, Midland Counties, and Birmingham and Derby Junction c. 18- liailzcny Conapanies, the said Conipaiiies were united into One, under the Name of the Midland Railway Company ; and the said several Railways, and all Branches thereof respectively, were thereby rested in the said last-mentioned Company, under the Name of the Afidlcrnd Itailways : And whereas it would be attended with great public anti local Advantage if a Railway were made, in extension of the said Jlidlsrnd Railways, from i\Totfing?icrm by Arework to Lincoltz, dierebv an iiiiproved Coiiimuiiicatioii would be obtained between Nottiizg?~~~~;, LincoZn, and Nelijurk, and the Towns and Districts on the Line of' the Jfidlund Railway, and the other Railways cornniunicatiiig there- [Local.] 11 N with ; 970 8" & 9" VICTORIB, Cap.xlix. with : And whereas the Midland Railway Company are willing to undertake the Execution of the said Railway, if authorized by Parlia- ment so to do : And whereas Two Acts have been passed during the present Session of Parliament, one thereof intituled An Act for con- solidating in One Act cey tain Provisions usudy inserted in Acts authorizing the making oj Railwnys, called U The Railway Clauses Consolidation Act, 1845," and the other thereof intituled An Act for consolidating in One Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a public ATafure, called " The Lands Clauses Consolidation Act, 1845 :" May it therc- fore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the Aciyice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by tlie Authority of thc samc, Extending That all the Provisions of the said first-recited Act, so far as the Provisions of same are or may be applicable and are now in force, and except such of them as are by this Act repealed, altered, or otherwise provided first-recited Act. for, or as may be inconsistent with the Provisions ofthe said Railwaj- Clauses Consolidation Act, 1845, and the said Lands Clauses Con- solidation Act, 1845, shall extend to this Act, and to the seT-era1 Purposes thereof, and to the several Matters and Things herebj- authorized to be done, as fully and effectually as if the said Provi- sions were re-enacted in this Act in reference to such Purposes, Matters, and Things; and the said Acts and this Act shall bc construed and read together as forming Oiie L4ct. 8 & 9 Vict. c. 20. 8 &- 9 Vict* c. 18. Extending 11. And be it enacted, That the said Railways Clauses Consolida- ~rovisions of tion Act, 1545, and the said Lands Clauses Consolidation Act, 1845, shall, so far as tlie same are applicable, and are not modified by this Two last- recited Acts. Act, or inconsistent with the Provisions thereof, be held to apply to the Railway and Works by this Act authorized to be madc, and shall be read and construed as forming Part of this Act. Short Title. 111. And be it enacted, That in citing this Act it shall be suffi- cient to describe it as CL Midlund Railways (Nottinghaitz and Lincoln Railway) Act, 1545." Power to IV. And whereas the estimated Expence of the Works by this raise 5Ioney. Act authorized is Four hundred and eight thousand Pounds ; be it therefore enacted, That it shall be lawful for the said Company to raise the said Sum of Four hundred and eight thousand Pounds by the Creation of new Shares or Stock, in like Maimer and subject to the same Provisions as the Provisions under which they are by the said first-recited Act empowered to raise new Shares or Stock in lieu of the Money thereby autliorizcd to be borrowed, and for paying off' any Mortgages, Bonds, or Securities created by the respective Com- panies thereby incorporated. ~\'ew Sliares V. And be it enacted, That the new Shares or Stock to be crcated to forill Part by virtue of this Act shall be considered Part of the general Capital of general of the Company, and shall be subject as such to the same Provisions Capital. in all respects as are contained in the said first-recited Act with refer- ence to the new Shares or Stock thereby authorized to be created, 4 and 8" & 9" VICTORIB, C'ap.xlis. 9711 and whether in reference to the niaking and Enforcenieiit of Calls in respect of such new Shares or Stock, or the Forfeiture of such Shares or Stock in default of Payment of such Calls, or with reference to the Rights and Privileges to be coliferred by such Shares or Stock, or otherwise howsoever. VI. And be it enacted, That, iiotwithstanding ally thing in this and ~wwr tcl the said recited Act contained or implied to the contrary, it shall be P"P xnter's' 011 Call% lawful for the Directors of the Company to pay and allow Interest after the Rate of Four Pounds per Cmtuiu ye}* Annum on a11 Calls paid in respect of the Capital hereby authorized to be raised, from the Date of the l'ayment thereof until tlie Completion of the Railway hereby authorized ; provided that no Interest shall accrue to the Pro- prietor of any Share upon which any Call shall be in arrear, in respect of such Share, or of any other Share held by the same Proprietor, while such Call shall remain unpaid. VII. hid be it enacted, That, afker One Half of the Capital in Pmey tt Shares or Stock by this and the said first-recited Act limited or autho- bOrro'v* rized to be raised shall have been paid up, it shall be lawful for the Company to borrow on hlortpzge such Sums of Money as shall fi-om Time to Time be authorized to be borrowed by Order of a General Meeting of the Company, not exceeding in the whole, in addition to the Sums authorized to be borrowed by tlie said first-recited Act, the Sum of One hundred and thirty-six thousand Pounds, and to secure the Payment of the Sum so to be borrowed, with Interest, by Mortgagc of the Undertaking, as by the said first-recited Act provided, and subject to the several Provisions therein contained as applicable to the Monies thereby authorized to be raised on Mortgage or Bond, aiid the Securities thereby authorized to be granted in respect of the same. VIII. And be it enacted, That if, after having borrowed any Part I:e borrol\- of the Rfoney by this Act authorized to be borrowed, the said Coin- pany shall pay off the same, it shall be lawful for them again to borrow the Sum so paid off, and so fiom Time to Time. IX. Provided always, and be it enacted, That all Mortgages or Former Bonds granted by the Company before the passing of this Act, and to Mortgages have which shall be in force at the Time of the passing of this Act, shall during the Continuance thereof have Priority over any Mortgages or Bonds to be created by virtue of this Act. X. And be it enacted, That it shall be lawful for the Company, if Power to they think fit, to raise the Sum by this Act authorized to be borrowed, ~no~~~~p~~~~ or any Part thereof, by creating new Shares of the Company, instead of borrowing the same, or having borrowed thc same it shall be lawful for them to continue at Interest only a Part of such additional Sum, if they so think fit, and to raise the Remainder thereof, or any Part of the Remainder thereof, by creating new Shares or Stock of the Company in manner aforesaid, but no such Augnieiitation of Capital shall take place without thc Order of a General Meeting of the Company specially convened for the Purposc. XI. And ST2 8' & 9" VICTORIA, Cup.xlix. Deposited to be open to In- .sp I c t i on. XI. And whereas Maps or Plans and Sections showing the Line and Levels of the said intended Railway from Nottingham to Lincoln, together with Books of Reference to the said Plans, containing the Names of the reputed Owners and Lessees and of the Occupiers of the Lands which may be required to be taken for the Purposes thereof, have been deposited with the Clerks of the Peace of the County of iirottingha?n, of the County of the Town of iVottinglicinz, of thc Parts of l esteiiei~ in tIic County of Lincol/x, and of the County of the City of Liizcoltz ; be it therefore enacted, That it shall be lawful for a11 Persons interested, at all seasonable Times, to inspect such l'laus, Sections, and Books of Reference, and such Persons may require to be fiiriiished by either of the said Clerks of Peace with Copies thereof or Extracts therefrom; and every such Clerk of the Peace shall give Access to such Documents, and, if required, shall fiirnish Copies thereof and Extracts therefrom respectively, in the like Mmier and upon the same Terms, and under the like Penalty for Default, as is provided by an Act passed in the First Year of the Reign of Her present Majesty, intituled An Act to conzpel Clerks of T'ict* C.83. the Pecice Jbr Cotinties and other Persons to take the Custody of such Documnts ns shall be directed to be denosited zciith tJiena mder the 7 ~.4.& Power to make tlie llnilwny. Line of the Ha ilway. Ilcviatiou to be riiatle in passing t 11 rough t 11 e Property of .I. 1'. Plump- trc, Esq. Sfnnding Orders of either House of...

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