York and North Midland Railway (York and Scarborough) Act 1844

Publication Date:January 01, 1844
York and North Midland Railway (York and Scarborough) Act 1844

(7 & 8 Vict.) c. lxi

An Act for enabling the York and North Midland Railway Company to make a Railway from York to Scarborough, with a Branch to Pickering

[4th July 1844]

ANN0 SEPTIMO & OCTAVO VICTORIZE REGINB. Cap. Ixi. An Act for eiiabling the York and North Midand Railway Company to make a Railway from York to Scurborozcgh, with a Branch to Pickering. [4th July 1844.1 HEREAS an Act was- passed in the Sixth Year of the Reign of His late Majesty King William the Fourth, intituled An Act for making a Railway $+ana the City of 6 EC. 7 w. 4. York to and into the Township of Altofis, with various Branches of c.81. Railany, all in the West Riding of the County of York, or Count?/ of the said Cdy: And whereas another Act was passed in the First year of the Reign of Her present Majesty, intituled An Act to alter 7 W. 4.8 the Line of the York and North Midland Railway ; and to amend the 3. Vict. C. 68. Act relating thereto: And whereas another Act was passed in the Fourth Year of the Reign of' Her said present Majesty, intituled An 4 EC. :i Vict. Act to enable the York and North Midland Railway Company to c. 7. mist (I; *further Sum qf Money to make a certain Approach to the said Kai1u;cy; and to amend the Acts relating thereto: And whereas the Formation of a Railway commencing from or near the Main Line of the Yoi*k and iVorth Xdltrnd Railway near the City of York, and thence to thc Borough of Scarborough, with a Branch therefrom to [ Loc.al.] 27 Y Pick wing, 24% 7" & 8" VICTORIE, Cup.Isi, Pickering, in the said County of York, would be of pul)lic Adva~l- tage, by opening an additional and expeditious Means of' Comm~tiiica- tioii between Scnrboi.ozcgl~ and Piclcei.ing aforesaid and the City of' York, and the West Riding of the County of York, and bv facili- tating Communication between more distant Towns and i'laces : And whereas the York and North Jfidlai2d Railway C'o~upany, incor- porated by the first herein-before recited Act, are willing to makc such Railway and Branch as aforcsnid, if authorizcd niid empowered by Parliament so to do: May it therefore please Your hI;Ljestv that it may be enacted ; aiid be it enacted by the QLiccn's iiiost l?xccllent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this prescn t l'arliumcnt assciiibled, and by the Authority of the sainc, That, subject to tlic l'ro\isioiis herein-after contained, it shall be lau fill for tlic xticl C01iip:11iy to make and maintain a Railway, with all proper l\'orlis and Conye- iiiences connected therewith, aceorcling to the l'lans and Sections herein-after mentioned, coniniencin~ by a Junction with tlic Line of the Itailway belonging to the Z'orlc roitJ L7TortlL illitlltrnd lhilway Company and the Gretrt North of Engltind Itailn-ay Company, or one ofithem, near thc said City of Yui./c, passing in or tlirougll tlic scwral Parishes, Townships, Libertics, and Extra-parochial or otlicr I'laccs following, or some of them ; (that is to my,) St. Uo:i/ Bisliophill the younger, St. Olcrvc nfirly&r(tte, St. ~~~iic.Jiriel-l(~-Bc~~.(~~, and 8t. Giles, in the County of the City of' York ; St. 0ltrc.i~ Mi!;riy,gtrto, ,Yt. nficlrcd- le-Belji*ey, St. Giles, Cl$ton, Htw*o~*fli, Hit12 ting ton, Ihst Hiozfiiigto?i, West Uuntiiigtoii, Ertrsroick, Jfii.rby, W(qyi~~toj~, i(brrtItoiy)c~, Stock- ton otherwise Stockton-oii-tlie-Ei.cst, Sti.emtill, Erist Lilliirg, FVest Lilling, Lillings L4iiibo, Stittenliciiii, Corii6roitgh, 81itirif Hutton, Fln.rton olherwise Flii.z.fo1i-oii-tlie-,7/00,~, Sct ttoii otlicrwisc- Slttfoii-oil- flie-Foi*est, FVui*tliill, S~nd Ifittfon, CI~n.~.toii, IbsstifI, IItii*tou, Burton- le- Willows, Tlior)iton-lc- Clti*y, Foston, Wliifrtdl otlicrn.isc ?/T'liific-ell- on-tile-Hill, Cminbe, W(~lburn, Buhi(~r, High Irkt ftotr, Lor(. Hutton, Hzi tt on .E Ai11 b 0, lye ~r Nulio n , ,Yt. Leo n f!;r id A? til AI(i 1 to it, St. il Zidi fie1 iXew iiAr l f on, Old JIttrlfoii, Jlii rislics other K i se PicX.ei.itig Jltr i. isli cs, I yton, Wycoi~i L, ICirkhy Xispc~i~toii, TI1 oix f(J1L 0 tlic~v ihc TI1 orrltw ti Dale, Ellerbwn, Ftri*mr116y, Pick(~riiig, AislttJy, Niddlt~to~~, I1iv)iipto~i otlierwise Su*iiit Ui*oiiiptoir, Stinin foil, Ilitsto~t, Jl~~/LoJitiiii, A'tvoiici*, East .Ayton, Irto 11, C(i,yton, Cty [on Docyi Dnl~ with Ki1tei4y, Osgotlly, Fulsgrure otherwise Fl'nlsgmrc, and S'ccrrhoi*ougll, in the Sortli 12iding of thc County of Ihrk ; IGdllt~~~~, Firf)?], P?r( sfoliq, dtfdletlto~pc, M& nytii orp, .l3zrryf/i oi pe, Ken iiayfli orye, 1;tt ngton , JVdh It ?)I, 1Yoi.f on, Scaggletliorp, Settring foil, IAin foir , Sctrtnps f 011, Ililliilgtoi?, Knnpf on, Win t ringli n it 2, ZGd Jii iglr n II I, Wes i mslc i-to I 1, I r:ci.s t If es le 1. f o 11 , SI1 er- burn, Gcc n to ;?, Uro iiipt o i~ o t hcrwi se Po f to* Bi*o~itp f o 12, I_Ziii 12 iiig.to n, Willedy, Stuxton, Hixton, mid Folkto)?, in the East Riding of' the County of Yo TIC ; I;irls,nrcr re othc rwi se Pi41 lsgi~i L' (1, and St~i i4 o 1.0 ugh, in the said County of Ydc, and tcrniiiiating at or near the Town of' S'carCoi*oztgl~ dhresaid in, at, or near a certain k'icld belonging to Aohn Woodnll Esquire ; aiid also a Branch Railway, with all proper Works and Conveniences connected therewith, according to the Plans and Sections herein-after mentioned, conimcncing from aiid out of the Railway by this Act authorized to be made as aforesaid in the Town- ship and Parish of Ilillington, and passing through the following 4 Places, Hailwag- Potver to innkc thc 9" & 8" VICTORIE, Cizplxi. 2479 Places, or some of them; (that is to say,) Billington, Scnnzpston, 1Marisli es other wise Pickering il.ltr r is Ir es, and Piclre ring afore said, and terminating by a Junction with the TVliifby am! Pickering Itailmay at Pickerin,g aforcsaid ; and for such Purpose to enter upon, take, and use such of the Lands dclincated on the said l'lans, and referred to in the Books of Reference depositctl and to be dcposited therewith, as herein-after mentioned, as shall be necessary for making thc said intendcd Kailway and Branch, and Works and Convenienccs ; and ~lni~wny to such Itailway and Branch, and Works and Conveniences, wlieii re- be ]'art of spectively macle, shall be Part of' tlic Uncicrtaking of the York (rnd taking i%rfh ~~id/trnd Itailway, and as such subject to thc l'rorisions of the York ancl several Acts relating thereto, except so fhr as such Provisions may be Sort11 Mid- hereby altered, or the Objects thereof othcrwisc provided for. the Under- land Ilail- way. 11. Provided always, and be it enacted, That nothing in this Act Itniiwaj riot containcd shall enable the Company to construct my l'art of their to P,!SS Railway or Works, or to cntcr upon or take any Land for the Pur- ~,"~~f'~!'' poses thereof, in the To~~~~sl~ip of CliJoi~ aforcsaid, without thc Clifton \, itll- previous Consent in Writing of all and every tlie Owners and Occu- out Consellt. piers of the Lands in tlic said Township required for the said Ilailn-ay and Works. 111. And whereas two alternative Lines of Railway arc laid down FE::bc on the Plans herein-before referred to, bctwecn the Parish of Bosscill ndoptecl and the l'aridi of 1litfton.y Am/)o, each OF such Lincs commencing at between tile the Point marld (A.) in a E'icld nuriibeucd 54 in the Parish of I'xis11 ob' Bossnll aforesaid, and terminating at a Point marked (B.) in a Wood ~~~~~~~~(~c numbered 4 b in the Parish of H/iffom ,!fr/ibo aforesaid ; be it enacted, Hllttons That the Soutlicrnmost of thc said Lines, as laid down on the Plans iitllbo. aforesaid, shall be the Line to be adopted for the l'urposcs of tlic Itailway ; and notliing hcrcin contained slid1 cnablc the Company to purchase or talx any of tlic Lands o:i tlic Sort1:ern:nost Line, as laid down on thc Plans aforcsaid, wliicli would not be iiecessnry foy the k'ormation of tlic said Line hcrclig directed to he adopted. IV. And be it enacted, That all l'rovisi:ms, Matters, and 'rhings ExtencIing contained in thc said recited Acts or any or cithcr of them, except ~rovisionso* sucli of tlicni as arc rcpcaLIcd, MI, in such ~nnncr :is the snit1 Pro- kr:;:~i i";! vibions, Matters, and Things have hen or shall be altered or varicd by ;in? general Act, or any of the recited Acts or thi.; Act, extend to this Act, :und to the scvcral l'urposcs and Things hereby authorized to be effected and done, as fdly and effectually as if the sxiic Pro- visions, Matters, and Things now repcalctl, or so altcrcd or varicd as aforesaid, wcre repeated and rc-cnacted in this Act in rcfcrcnce to such Piqoses and Things. V. And whereas the estimatccl Espencc of making tlic said in- Pt;\vcr to tended Railmy and Branch, and the Works and Conveniences to be ~~~~oo31, connected thercwi th rcspectively, is Two hundred and sixty thousand in sllal cs. Pounds ; be it therefore enacted, That it shall be lawful for the Com- pany to raise, by creating new Shares, in addition to the Capital which they arc at present authorized to raise, any Sum of Money not exceeding Two hundred and sixty thousand Pounds. VI. And 2480 7" & 8" VICTORIB, Cap. Ixi. New Sibare6 VI. And be it enacted, That the Capital so to be raised by the to be co'lsi- Creation of new Shares shall be considered as Part of' the general dered tlic saiue as Capital of the Company, and shall be subject to the same Provisions origiiial in all respects as if it had been Part of the original Capital, except Sllam. as to the nominal Amount or Value of such Shares, and the pro- portionate Dividends thereon respectively, and except as to the Aniount and Tilne and Payment of Calls on such new Shares, which the Directors of the Company shall fix from Time to Time as they think fit. The Coni- VII. And be it enacted, That if any Shareholder in the Company P~V l1laY shall for One Month after the passing of this Act fail to pay any of the Instalments called for in respect of the new Shares allotted to dispose...

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