Tyne Docks Act 1839

Publication Date:January 01, 1839
Tyne Docks Act 1839

(2 & 3 Vict.) c. lx

An Act for making Wet Docks and other Works at and near to Jarrow Slake within the Port of Newcastle upon Tyne and in the County of Durham, to be called "The Tyne Docks."

[1st July 1839]

ANNO SECUNDO & TERTIO VICTORLE REGINJE. m l h Cap. lx. An Act for making Wet Docks and other Works at and near to J arrow Slahe within the Port of Newcastle upon Tyne and in the County of Durham, to be called "The Tyne Docks." [1st July 1839.] ?k 1 WTHEREAS the Navigation of the River Tyne in the Tort "''%/%/ of Newcastle upon Tyne is much impeded by the great ? T Number of Colliers and other Vessels moored or lying therein : And whereas the making of Wet Docks, Quays, Basins, Locks, and other Works connected therewith at and near to a Place called Jarrow Slake, on the South Side of the River Tyne and within the said Port of Newcastle upon Tyne and in the County of Durham, for the better Accommodation of Ships and other Vessels resorting to the said Port of Newcastle upon Tyney would be of great public Advantage; And whereas the several Personsherein-after named, with several others, are willing at their own Expence to carry into execution the before-mentioned Docks and other Works ; but the same cannot be effected without the Authority of Parliament: May it therefore please Your Majesty that it may be. enacted; and be it enacted by the. Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Com mons, in this present Parliament assembled, and by the Authority of [Local] 16 M the 1426* The Company incor. porated. Meaning of certain Words in this Act. 2 & 3 VICTORIA, Cap.lx. the same, That Edward George Barnard, Thomas Barnard, Edward Blount, John Russell Bowlby, Russell Bowlby, John Buddie, William Chapman, Isaac Cookson, Edmund Henry Courtney, William Cuthbert, William Cuthbert junior, Hugh Welch Diamond, John Fair-weather Harrison, William Harrison, Joseph Lidxvell Heathorn, Thomas Hood Henderson* Richard Hollier, Robert Ingham, Antonio Joaquim Friere Marreco, William Mather, Thomas May, Charles Henry Oakes, Jonathan Richardson* Richard Shortridge, Robert Walter Swinburne, Benjamin Thompson, James Wall, Gaspar Winteler, John Anthony Woods, William Woods, John Wright, and all other Persons who have subscribed or shall hereafter subscribe towards the said Undertaking, and their several and respective Executors, Administrators, and Assigns, shall be and they are hereby united into a Company for making and maintaining the said Docks and other Works by this Act authorized, and for other the Purposes herein declared, according to the Provisions and Restrictions herein-after mentioned, and for that Purpose shall be One Body Corporate by the Name and Style of " The Tyne " Dock Company," and by that Name shall and may sue and be sued, and shall have perpetual Succession and a Common Seal, and also shall have Power and Authority to purchase and acquire, either absolutely or for any Terms or Numbers of Years, and hold Lands, and also any Liberties and Privileges to be exercised in, over, or upon Lands, for the Use and Benefit of the said Undertaking, without incurring any Penalties or Forfeitures, and shall also have Power to sell or otherwise dispose of such Lands, Liberties, and Privileges in manner by this Act directed, and shall have and exercise all other Powers and Authorities whicli are herein-after given or mentioned. j II. And be it further enacted, That in the Construction of this Act every Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as one Person or Thing; and every Word importing the PluraLNumber shall extend and be applied to one Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male ; and the Word " Lands" shall extend to and include Tenements, Buildings, Erections, and all other Hereditaments of any Tenure; and. the Word " Corporation shall be understood to mean any Body Politic, Corporate, or Collegiate, Civil or Ecclesiastical, Aggregate or Sole; unless in any of the Cases aforesaid it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction. Proprietors to raise Money amongst themselves for the Undertaking not exceeding 120,000^, to be divided into Shares of 50/. each, Hi. And be it.further enacted, That it shall be lawful for the said Company to raise amongst themselves any Sum of Money for making and maintaining the said Docks .and other Works by this Act authorized, not exceeding in the whole the Sum of One hundred and twenty thousand Pounds, the whole to be divided into Shares of Fifty Pounds each; a,n'd such Shares shall be numbered, beginning with Number One, in Arithmetical Progression, and every such Share shall be distinguished by the Number to be applied to. the same; and the said Shares shall be and they are hereby vested in the several Parties taking the same, and their several and respective Executors, Administrators. and Assigns, to their proper Use and Benefit, proportionably to 2 & 3 VICTORIA, Cap.lx. U27 to the Sum which they shall severally contribute; arid all Persons; and their several and respective Executors, Administrators, and Assigns, who have subscribed, or shall severally subscribe for One or more Share or Shares, or such. Sum or Sums as shall be demanded in lieu thereof towards the said Undertaking and other Purposes of the said Subscription, shall be entitled, to and receive, in proportionable Parts, according to the respective Sums so by them respectively paid, the net Profits and Advantages which shall arise or accrue from or by the Rates, Tolls, and other Sums of Money to be received by the said Company, as and when- the same shall be divided by ;the Authority of this Act 4 IV. And be it further enacted, That the Money to be raised by the Application said Company by virtue of this Act shall be laid out and applied, in f Money to the first place, in paying and discharging all Costs and Expences eraise incurred in applying for, obtaining, and passing this Act, and all other Expences preparatory or relating thereto ; and the Remainder of such Money shall be applied in and towards purchasing Lands and other Property, and making and maintaining the said Docks and other Works, and in otherwise carrying this Act into execution. V. And whereas the probable Expence of making the said Docks The whole and the other Works hereby authorized will amount to the Sum of of the Ex- One hundred and sixteen thousand Pounds, Three Fourths whereof pence to be have been already subscribed for by several Persons, under a Con- for before tract, binding themselves, their Heirs, Executors, Administrators, the compul- and Assigns, for the Payment of the several Sums by them respectively sory Powers subscribed for; be it therefore enacted, That the whole of the said fthe Act Sum of One hundredand twenty thousand Pounds shall be subscribed forc| for in like 'Manner before any of the Powers given .by1 this Act in relation to the compulsory taking of Lands for the Purposes of the said Docks and other Works shall be put in force. VI. Provided always, and be it further enacted, That a Certificate Certificate under the Hand and Seal of any Justice of the Peace for either of the under the Counties of Durham or the Town and County of Newcastle upon **an.d of * Tyne, that the whole of the said Sum of One hundred and twenty thTpeaee to thousand Pounds hath been subscribed as aforesaid, (and which Cer. beProof that tificate such Justice is hereby authorized and required to grant, on Ap- the whole of plication made to him by the said Company, and on such Proof of the {Jle ^oney Subscription of the said Capital as he may require,) shall for allPurposes subscribed. whatsoever be conclusive Evidence that the whole of the said Sum of One hundred and twenty thousand Pounds.has.been http://Pounds.has.been subscribed for. r -VII. And be it further enacted, Thatwhen and so soon as One Proprietors Moiety of the Sum of One hundred and twenty thousand Pounds jUa^gd" hereby authorized to be, raised shall have been paid up, it shall be lawful 0f Money"if for the said Company from Time to Time, by an Order of any General necessary)by or Special General Meeting of the said Company, to borrow or take Mortgage. up at Interest any further or additional Sum, not exceeding in the whole the Sum of Forty thousand Pounds, on the Credit of the said Undertaking;. and the Directors of the said Company, after an Order shall have been made for that Purpose at any General or Special General 1.483 2 & 3C VICTORIiE, CapAx. General Meeting of the said Company, are hereby empowered to raise such further Sum of. Forty .thousand Pounds, or any Part thereof, by Mortgage," and to, mortgage, assign, and charge the Property of the said Undertaking, and the Rates, Tolls, and other Sums arising or to arise by virtue of this Act, or any Part thereof, subject nevertheless to such Incumbrances as .may be existing thereon (the Costs and Charges of assigning the same to be paid out of such Rates, Tolls, and Sums), as a Security for any such iMoney to be borrowed as aforesaid, with Interest, to or for. the Benefit of the Party who shall advance the same, or to his Trustee; and a Copy of the Order of any General or Special General Meeting of the said Company authorizing the borrowing of any such Sum of Money, certified by One Director or by the Secretary or Clerk of the said Company to be a true Copy, shall^ be sufficient Evidence of, the Money authorized to be raised by Sub scription being insufficient for the Purposes of this Act, and of the making of. the Order for raising, such additional Sum of Money; and all which Mortgages, Assignments* and Charges shall be made by Deed duly stamped, in which the Consideration shall be set forth, under the Common Seal...

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