Huddersfield and Manchester Railway and Canal Act of 1845

The Huddersfield and Manchester Railway and Canal Act of 1845 was summarised as:

An Act for making a Railway from the Sheffield, Ashton-under-Lyne and Manchester Railway at Stalybridge, to the Manchester and Leeds Railway at Kirkheaton, with a Branch therefrom ; and for consolidating into one Undertaking the said proposed Railway and the Huddersfield Canal Navigation.


The following is a transcription of a historic article and may contain occasional errors.

9 Victoria. — Sess. 1845.

AN ACT For making a Railway from the Sheffield, Ashton-under-Lyne and Manchester Railway at Stalybridge, to the Manchester and Leeds Railway at Kirkheaton, with a Branch therefrom.; and for consolidating into one Undertaking the said proposed Railway and the Huddersfield Canal Navigation.

[Royal Assent, 21 July 1845.]

Whereas the making of a Railway from the Sheffield, Preamble. Ashton-under-Lyne and Manchester Branch Railway, now in construction at Stalybridge, in the County of Lancaster, to the Manchester and Leeds Railway at Kirkheaton, in the West Riding of the County of York, together with a Branch therefrom, would be of great public advantage :

And whereas the persons hereafter mentioned are willing, at their own expense, to carry such Undertaking into execution :

And whereas an Act was passed in the Session of Parliament held in the Thirty-fourth year of the reign of King George the Third, intituled, “An Act for making and maintaining a Navigable Canal from and out of the Canal of Sir John Ramsden, Baronet, at or near the Town of Huddersfield, in the West Riding of the County of York, to join and communicate with the Canal Navigation from Manchester to or near Ashton-under-Lyne and Oldham, at Or near the Town of Ashton-under-Lyne aforesaid, in the County Palatine of Lancaster :"

And whereas another Act was passed in the Session of Parliament held in the Thirty-ninth and Fortieth years of the reign of his said Majesty, intituled, “An Act for enabling the Huddersfield Canal Company to finish and complete the Huddersfield Canal; and for amending the Act passed in the Thirty-fourth year of the reign of his present Majesty, for making and maintaining the said Huddersfield Canal:"

And whereas another Act was passed in the Session of Parliament held in the Forty-sixth year of the reign of his said Majesty, intituled, “An Act to enable the Huddersfield Canal Company to raise a further Sum of Money for the discharge of their Debts, and to finish and complete the Huddersfield Canal; and for amending the several Acts passed for making and maintaining the said Canal:"

And whereas it is expedient that the said Huddersfield Canal Company should be united, consolidated and incorporated with the Company hereinafter mentioned, and intended to be by this Act incorporated:"

And whereas the objects aforesaid cannot be effected without the authority of Parliament;

May it therefore please Your MAJESTY,

That it may be Enacted ; and be it Enacated, by The QUEEN's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT the several Acts following ; that is to say, “The Companies' Clauses Consolidation Act, 1845;" “The Lands Clauses Consolidation Act, 1845;" and “The Railway Clauses Consolidation Act, 1845;" save as hereafter excepted, and save as to such of the provisions thereof as may be inconsistent with the provisions of this Act, shall be incorporated with and form part of this Act, and shall be applicable to the Undertaking hereby authorized, and shall, with this Act, be construed as One Act.

And be it Enacted, That in citing this Act in other Acts of Parliament, and in legal instruments, it shall be sufficient to use the expression “The Huddersfield and Manchester Railway and Canal Act, 1845."

And be it Enacted, That John Parker, esquire, Member of Parliament, John Chapman, Michael Ellison, Cornelius Randall, Charles Appleby, Joseph Saint John Yates, James Adshead, William Bayley, William Sidebottom, James Bottomley, Joseph Walker, William Aldam the younger, esquire, Member of Parliament, John Rawson, Thomas Firth, Joseph Armitage, William Leigh Brook, Thomas Benson Pease, Joseph Brook, Francis Carbutt, James Heywood Whitehead, George Calvert Holland and James Lees, and all other persons and corporations who have already subscribed or shall hereafter subscribe to the Undertaking hereby authorized, and also all other persons and corporations to whom any shares in the Undertaking may be allotted under the provisions hereinafter contained, and their executors, administrators, successors and assigns respectively, shall be united into a Company for the purpose of making a Railway from the branch now in construction of the Sheffield, Ashton-under-Lyne and Manchester Railway, at Stalybridge, in the county of Lancaster, to the Manchester and Leeds Railway at Kirkheaton, in the West Riding of the county of York ; and also a branch Railway hereinafter mentioned, from and out of the said intended Railway, with proper works and conveniences belonging thereto respectively, according to the provisions of the said Companies Clauses Consolidation Act, Lands Clauses Consolidation Act, and Railway Clauses Consolidation Act, and of this Act, and for other the purposes herein and in the said Acts contained; and for the purposes aforesaid, shall be incorporated by the name of “The Huddersfield and Manchester Railway and Canal Company/’ and by that name shall be a body corporate, with perpetual succession, and shall have power to purchase and hold lands for the purposes of the Undertaking, within the restrictions herein and in the said Acts contained.

AND whereas the estimated expense of making the said Railway, Branch Railway and Works, is Six hundred and Thirty thousand pounds; BE it Enacted, That the capital of the Company shall be Six hundred and Thirty thousand pounds, subject to augmentation as hereinafter mentioned.

And be it Enacted, That the number of shares into which the capital shall he divided shall be Twenty-one thousand, subject to augmentation as hereinafter mentioned, and the amount of each share shall be Thirty pounds.

And be it Enacted, That Five pounds per share shall be the greatest amount of any One call which the Company may make on the shareholders; and One-half of the amount of a share shall be the utmost aggregate amount of calls that may be made in any One year upon any share; and Three months at the least shall be the interval between successive calls.

And be it Enacted, That it shall be lawful for the Company to borrow, on mortgage or bond, any sum not exceeding in the whole the sum of Two hundred and Ten thousand pounds, but no part of such sum shall be borrowed until the whole of the sum of Six hundred and Thirty thousand pounds (being the estimated expense of making the said Railway, Branch Railway and Works) shall have been subscribed for, and One-half thereof shall have been actually paid up.

And be it Enacted, That the number of directors shall be Ten, and the qualification of a director shall be the possession, in his own right, of Forty shares in the Undertaking.

And be it Enacted, That it shall be lawful for the Company to increase or reduce the number of directors, provided that the increased number do not exceed Twelve, and that the reduced number be not less than Seven.

And be it Enacted, That William Aldam, Joseph Armitage, William Bayley, William Legh Brook, Francis Carbutt, Thomas Firth, George Calvert Holland, James Lees, Cornelius Randall and Joseph Walker, Esquires, shall be the first directors of the Company.

And be it Enacted, That the quorum of a meeting of the directors shall be Five, and the quorum of a meeting of the shareholders shall be Thirty.

And be it Enacted, That the number of directors of which Committees appointed by the directors shall consist, shall be not more than Five, nor less than Three, and the quorum of such Committees shall be Three.

And be it Enacted, That the number of shareholders who shall be competent to require the directors to call an extraordinary meeting of the Company, or who in default thereof shall be competent to call such meeting, shall be Thirty, holding in the aggregate One thousand shares.

And be it Enacted, That the newspapers in which advertisements relating to the affairs of the Company are to be inserted, shall be some newspaper published in the county of Lancaster, some newspaper published in the county of Chester and some newspaper published in the West Riding of the county of York.

AND whereas plans and sections of the Railway and Branch Railway, showing the line and levels thereof, and also a book of reference containing the names of the owners, lessees and occupiers, or reputed owners, lessees and occupiers of the lands through which the same respectively are intended to pass, have been deposited with the respective clerks of the peace for the counties of Lancaster and Chester, and West Riding of the county of York, and part of such lands are specified in the Schedule annexed to this Act; BE it Enacted, That, subject to the provisions in this Act and the said Companies Clauses Consolidation Act, Lands Clauses Consolidation Act and Railway Clauses Consolidation Act, or any of them, contained, it shall be lawful for the said Company to make and maintain the said Railway, Branch Railway and Works, in, through and upon the lands delineated on the said plans, and described in the said books of reference, and to enter upon, take and use such of the said lands as shall be necessary for the purpose.

And be it Enacted, That the said intended Railway shall commence by a junction with a Branch now in construction, of the Sheffield, Ashton-under-Lyne and Manchester Railway at Stalybridge, in the parish of Ashton-under-Lyne, in the county of Lancaster, and shall pass through the following places; that is to say,

Ashton-under-Lyne, Rochdale, Hartshead and Stalybridge or some of them, in the county of Lancaster :
Mottram-in-Longdendale, Stayley and Tintwistle or some of them, in the county of Chester :
And Saddleworth, Huddersfield, Almondbury, Kirkheaton,Quick, Marsden, Marsden-in-Huddersfield, Marsden-in-Almondbury, Slaithwaite, Golcar and Longwood or some of them, in the West Riding of the county of York :
And shall terminate by a junction with the Manchester and Leeds Railway, in the township of Kirkheaton, in the parish of Kirkheaton, in the said West Riding ;

And the said intended Branch Railway shall commence by a junction with the said intended Railway in the township of Quick, in the said West Riding, and passing wholly within the said township of Quick, shall terminate at or near Delph, in the same township.

AND whereas an Act lias been passed during the present Session of Parliament, intituled, “An Act for making a Railway from Huddersfield, in the West Riding of the County of York, to or near Penistone, in the same Riding, there to form a junction with the Sheffield, Ashton-under-Lyne and Manchester Railway, to be called “The Huddersfield and Sheffield Junction Railway;” and the Line of Railway hereby authorized to be made, and the Line of the said Huddersfield and Sheffield Junction Railway, follow the same course from the terminus at Huddersfield of the said Huddersfield and Sheffield Junction Railway, to or near a place called Paddock (being a distance of about half-a-mile), and it is expedient that provision should be made, and that an arrangement should be effected under the authority of Parliament between the Two companies, with respect to the construction of the said portion of Railway, and it has accordingly been agreed between the said Companies that the said Huddersfield and Sheffield Junction Railway Company shall suspend, for the period and upon the conditions hereinafter. mentioned, the making of so much of their proposed Railway as lies between the points aforesaid, and that the said last-mentioned portion of the said Railway shall be made by the Company hereby incorporated ; BE it therefore Enacted, That none of the powers and authorities (if any) given to the said Huddersfield and Sheffield Junction Railway Company by the said last-mentioned Act, or thereby vested in the said Huddersfield and Sheffield Junction Railway Company, shall be or shall be capable of being put into force or executed by the said Huddersfield and Sheffield Junction Railway Company, in respect of the making of such portion of the said Railway, for the space of Six calendar months next after the termination of the Session of Parliament which will be in the year One thousand eight hundred and Forty-six, without the express consent in writing of the said Company hereby incorporated; and if the said Company hereby incorporated shall, before the expiration of the said period of Six calendar months, have commenced and shall proceed bona fide in the execution of that part of the said Railway until the completion thereof, then and in such case all and every the powers and authorities vested in the said Huddersfield and Sheffield Junction Railway Company, so far as respects the making of that portion of the said Railway, and also all liabilities of the said Company in respect of such portion, shall absolutely cease and be at an end.

Provided always, and be it Enacted, That if at the expiration of the said period of Six calendar months before mentioned the said Company hereby incorporated shall not have commenced and shall not have proceeded bona fide in the execution of that portion of the said Railway which lies between the aforesaid points, then and from thenceforth all the powers and authorities which shall be vested in the said Huddersfield and Sheffield Junction Railway Company shall take effect and be in as full force in respect of that portion of the said Railway which lies between the points aforesaid as in respect of any other portion of the said Huddersfield and Sheffield Junction Railway which shall be authorized to be made by them; and thereupon and from thenceforth all the powers and authorities vested in the Company hereby incorporated, so far as relates to the making of the said portion of the said Railway, shall absolutely cease and be at an end.

And be it Enacted, That in case the said Company hereby incorporated shall not, in accordance with the provisions hereinbefore contained, make the said portion of the said Railway between the points aforesaid, but shall have entered into any contracts or agreements for the purchase or exchange of any land for that purpose, or for the obtaining a right of passage over or through any land, all such contracts and agreements shall, in the event of the said Huddersfield and Sheffield Junction Railway Company becoming solely entitled to make the said portion ot the said Railway, enure for the benefit of the said Huddersfield and Sheffield Junction Railway Company, and be ratified by and be as binding on such Company and on the parties to the same as if the same contracts and agreements had been made by or with the said Huddersfield and Sheffield Junction Railway Company instead of the said Company hereby incorporated.

Provided always, and be it Enacted, That in the case last aforesaid the said Company hereby incorporated shall be refunded, re-imbursed and indemnified by the said Huddersfield and Sheffield Junction Railway Company all monies and against all liabilities which may have been expended or incurred by or on account of any such contracts or agreements, as well up to that time as subsequently thereto, together with interest, after the rate of Four pounds per centum per annum thereon, from the time of payment thereof, and all expenses attending the same.

Provided always nevertheless, and be it Enacted, That nothing herein contained shall prejudice or affect any contracts or agreements which the Huddersfield and Sheffield Junction Railway Company shall enter into with respect to such lands, or with the owners and occupiers thereof, so far as the same shall not be inconsistent with the purposes herein contained.

AND whereas the said Railway is intended to be constructed with a double line of rails, except at the proposed summit tunnel at Standedge, which it is proposed to construct in the first instance in such a manner as to contain a single line of rails only ; BE it therefore Enacted, That if at any time after Twelve months from the opening of the said Railway throughout to the public it shall appear to the Lords of Her Majesty’s Committee of Council for Trade and Foreign Plantations that a second tunnel, containing an additional line of rails, is required for the safety of the public using the said Railway, then and in such case the said Company shall, and they are hereby required (upon receiving an .order to that effect from the Lords of the said Committee; to construct such second tunnel, containing such additional line of rails, within such time as shall be fixed by the Lords of the said Committee for the purpose ; and if it shall appear to the Lords of the said Committee that it would be expedient, with a view to the public safety, that an electric telegraph should be laid down in the tunnel first made, then and in such case the Company shall lay down such telegraph on being required so to do by the Lords of the said Committee.

AND whereas the line of the said Railway is proposed to be carried across the highways numbered as follows on the plans hereinbefore referred to, and it is expedient that the said Railway should cross the said highways on a level, (that is to say), number 146 in the Hartshead Division of the parish of Ashton-under-Lyne, numbers 494, 533 and 564 respectively, in the township of Quick, in the parishes of Saddleworth and Rochdale, or one of them ; number 76 in the township of Marsden, in the parish of Huddersfield ; and number 64 in the township of Huddersfield, in the same parish ; BE it therefore Enacted, That the Company may make the said Railway across the said highways on a level, at or near the points marked on the said plans for the crossing thereof.

And be it Enacted, That as regards the roads hereinafter mentioned, it shall be lawful for the Company to make the inclinations of such roads, when altered, as follows ; (that is to say)

As regards the road numbered 1 on the cross sections to the plans deposited as hereinbefore mentioned, the inclination of such road may be One foot in Seventeen feet:
As regards the road numbered 1(a) on the said cross sections, the inclination of such road may be One foot in Five feet:
As regards the road numbered 3 on the said cross sections, the inclination of such road may be One foot in Nine feet, and One foot in Twelve feet, as shown on the said cross sections:
As regards the road numbered 4 on the said cross sections, the inclination of such road may be One foot in Ten feet, and One foot in Twenty feet, as shown on the said cross sections:
As regards the road numbered 5 on the said cross sections, the inclination of such road may be One Toot in Nine feet:
As regards the road numbered 6 (a) on the said cross sections, the inclination of such road may be One foot in Fifteen feet:
As regards the road numbered 6 (c) on the said cross sections, the inclination of such road may be One foot in Seven feet:
As regards the road numbered 6 (b) on the said cross sections, the inclination of such road, may be One: foot in Thirteen feet:
As regards the road numbered 9 on the said cross sections, the inclination of such road may be One foot in Eighteen feet:
As regards the road numbered 10 on the said cross sec-lions, the inclination of such road may be One foot in Thirteen feet:
As regards the road numbered 11 on the said cross sections, the inclination of such road may be One foot in Ten feet:
As regards the road numbered 12 on the said cross sections, the inclination of such road may be One foot in Nine feet:
As regards the road numbered 13 on the said cross sections, the inclination of such road may be One foot in Eighteen feet:
As regards the road numbered 14 on the. said cross sections, the inclination of such road may be One foot in Eleven feet:
As regards the road numbered 15 on the said cross sections, the inclination of such road may be One foot in Fifteen feet:
As regards the road numbered 16 on the said cross sections, the inclination of such road may be One foot in Nine feet:
As regards the road numbered 19 on the said cross sections, the inclination of such road may be One foot in Fifteen feet:
As regards the road numbered 20 on the said cross sections, the inclination of such road may be One foot in Ten feet.

AND whereas the main line of the said Railway will cross under the turnpike-road leading from Standedge, in Saddle-worth, in the county of York, to Oldham, in the county of Lancaster, at or near to a certain place called French Top, in Saddle-worth aforesaid, and the said Delph Branch Railway will also cross under the turnpike-road leading from Dobcross to Wallhill, both in Saddleworth aforesaid, at or near to a certain place called Tamewater, and which said crossings will occur at parts where the several lines of the said roads respectively ascend and pass along hilly or rising ground ; BE it therefore Enacted, That the said Railway Company shall, and they are hereby required to erect and build good, firm and substantial bridges to carry the said Two several roads over the said lines of the said Railway respectively, at the several points or parts where the same roads respectively cross the said Railway, with substantial and proper battlements and fences, and proper approaches thereto respectively, and to make and form the said roads over the said bridges and approaches thereto, so far as the alterations in the said roads respectively shall extend, in a complete and effectual manner, and with firm, proper and sufficient wails, slopes or other supports on the sides thereof respectively, in order effectually to uphold the embankments to be made in forming such roads and approaches, and otherwise to support the said roads respectively ; and also to make and erect the said battlements and fences of the said bridges respectively in a substantial manner, and lineable with the said respective roads and approaches thereto when diverted, and of the height of Four feet six inches at the least above the surface of the said roads respectively, and to make and erect good and sufficient fences on the sides of the said roads, so far as the .alterations therein respectively shall extend, of the height of Four feet Six inches at the least above the surface of the said roads ; and that the bridge so to be constructed over the line of the said Railway, at or near to French Top aforesaid, shall be of the width of Thirty feet at the least within the said battlements and fences thereof; and the approaches thereto, so far as the alterations in the said road at or near to French Top aforesaid shall extend, shall be of the width of Thirty-six feet at the least within the said battlements and fences thereof; and the said road and approaches over the said last-mentioned bridge shall rise uniformly for the whole extent thereof, from such bridge towards the summit of the hill, and so that the ascent of the same road and approaches westerly from such bridge shall not be steeper than One foot in height tor every Thirty feet in length, and so that on the easterly side thereof there shall be no ascent of the said road and approaches from the said bridge in an easterly direction, so far as any alteration of the said road may extend; and that the bridge so to be constructed over the line of the said Railway at or near to Tamewater aforesaid and also the approaches thereto, so far as the alterations in the said road at or near to Tamewater shall extend, shall be respectively made of the width of Thirty feet at the least within the said battlements and fences thereof, and the said road and approaches over the said last-mentioned bridge shall rise uniformly for the whole extent thereof towards the summit of the hill, and so that the ascent of the same road and approaches northwesterly from such bridge shall not be steeper than the present inclination of the said road in that direction, being One foot in height for every nine feet in length, and so that the descent of the same road south-easterly from such bridge shall not be steeper than One foot in height for every Ten feet in length; and also to pave with good sets of stone or blocks of wood over both the said bridges respectively, and to macadamize the said approaches thereto respectively ; and the said Railway Company shall and they are hereby required to repair, uphold and keep the said bridges, battlements and fences respectively in good order, repair and condition for ever afterwards, and also shall and will, at their own expense, make good and sufficient drains or culverts, for the purpose of draining and laying dry so much of the said several roads as shall be altered as aforesaid, and the alterations of the said roads respectively shall be so made and formed to the satisfaction of the surveyor of the said roads.

AND whereas the said Railway will cross the said turnpike-road leading from Standedge to Oldham aforesaid at or near to a certain place called Brownhill, in Saddleworth aforesaid, but the section and line of the said road are not intended to be varied; BE it therefore Enacted, That, for the purpose of carrying the said Railway across the said road, the said Railway Company shall construct, at their own expense, a bridge of the width of Thirty feet thereunder, at the least, for the purpose of forming a clear road of Thirty feet wide, the sides of such bridge underneath to be lineable and parallel with the present line of the said Road, and the said bridge to be of such a height from the surface of the said road to the under-side of the said bridge, so as to leave a clear and uninterrupted headway under the said bridge over the said road of not less than Seventeen feet in height for the whole width of Thirty feet; and the said Company shall, at their own expense, pave the whole of the said road under the said bridge with good sets, and also make all new fences, drains and works, and alter all such as now exist, and which it may be necessary to make or alter respectively, in consequence of forming the said Railway; and that the said Company shall for ever afterwards uphold and keep the said bridge and the walls and fences thereof in good repair and condition, and shall not alter or vary the present section or line of the said road, except- so far as may be requisite during the construction of the said Railway.

AND whereas the said Railway is intended to cross the turnpike-road leading from Ridghill, and Lanes, in the parish of Ashton-under-Lyne, to Holehouse, in the county of York, at or near Black Rock, within Heyrod, in the said county of Lancaster, for which purpose the said turnpike-road is to be diverted and lowered so as to pass underneath the said Railway; BE it Enacted, That the said Railway Company shall and they are hereby required to divert and alter the said turnpike-road in such a manner that the same shall rise uniformly at the same rate of inclination from the bridge or viaduct to be erected over the said road at the point of crossing in a westerly direction as far as the gateway now standing and leading from the said turnpike-road into a certain field numbered on the said plan 154.

AND whereas the said Railway is intended to cross a public carriage-road and street in the town of Stalybridge aforesaid, called Rassbottom-street (which is the principal entrance into the said town), at a part where the said road ascends the side of a hill or rising ground, and such road at present consists of a carriage-road and of a footway on each side thereof: AND whereas it may be necessary that the surface of the said road should be lowered at the proposed place of crossing to allow of a sufficient headway under the bridge, whereon the said Railway will have to be carried across the said road; BE it therefore Enacted, That the said Railway shall be carried across the said road by means of a bridge to be constructed by the said Railway Company, at their own expense, and to he for ever afterwards kept in repair by them, and that such bridge shall be constructed with three arches (with parapets on each side of not less than Six feet in height), the centre of which arches to be used and appropriated for the purposes of a carriage-road thereunder of not less than Twenty-eight feet wide on the square, and each of the side arches to be used and appropriated for a footpath on each side of the said carriage-road of not less than Five feet in width, such widths respectively to be exclusive of the piers of the said bridge, and the piers of the said bridge shall be placed in such situation (but not so as to alter the line of the said Railway), as the Commissioners for the time being acting under an Act of Parliament, intituled, “An Act for Lighting, Watching and otherwise improving the Town of Stalybridge, in the Counties Palatine of Lancaster and Chester, and for regulating the Police thereof, and for establishing and regulating a Market, and erecting a Marketplace within the said Town,” shall direct, and the said bridge shall be of such a height from the surface of the said carriage-road as to leave a clear and uninterrupted headway of not less than Eighteen feet in height for the whole width of the said arch, and under every part thereof, and over the said footways respectively a headway of not less than Ten feet in height over the whole width of each arch ; and in case it shall be necessary to lower or alter the said road for the purposes aforesaid, the whole width of the same, including the footpath, shall be so lowered, and the descent and inclination thereon, from the said bridge to the summit of the hill of Thompson Cross, shall not exceed One foot in Seventeen feet, and the said Company shall, at their own expense, put into complete order and repair the whole of the said carriage-road, and also the said footpaths when so altered, in as good a manner and form as the same now are, and also shall, at their own expense, alter and make all such fences, walls, drains, main and other sewers and works, which may be necessary in consequence of making the said Railway and other works, and also, at their own expense, make any additional drains or culverts which may be necessary for the purpose of draining so much of the said road as shall be lowered or altered as aforesaid.

And be it Enacted, That the junction of the Railway hereby authorized to be made and maintained with the Sheffield, Ashton-under-Lyne and Manchester Railway at Stalybridge aforesaid, and all such openings in the ledges or flanches of the Sheffield, Ashton-under-Lyne and Manchester Railway, as may be necessary or convenient for effecting such junction, shall be made and effected under the direction and superintendence of the engineer for the time being of the said Sheffield, Ashton-under-Lyne and Manchester Railway Company, at the expense of the Huddersfield and Manchester Railway and Canal Company, and shall for ever afterwards be maintained and kept in perfect order and repair by and at the expense of the Huddersfield and Manchester Railway and Canal Company, and that nothing in this Act contained shall extend to authorize the Huddersfield and Manchester Railway and Canal Company to purchase or take any of the lands or grounds of the Sheffield, Ashton-under-Lyne and Manchester Railway Company, or to authorize the Huddersfield and Manchester Railway and Canal Company to alter or vary or interfere with the Sheffield, Ashton-under-Lyne and Manchester Railway, or any of the works thereof, except so far and in such manner as may be necessary for the junction ot the said Huddersfield and Manchester Railway with the said Sheffield, Ashton-under-Lyne and Manchester Railway.

And be it Enacted, That the junction of the Railway hereby authorized to be made and maintained with the Manchester and Leeds Railway at Kirkheaton aforesaid, and all such openings in the ledges or flanches of the Manchester and Leeds Railway as may be necessary or convenient for effecting such junction, shall be made and effected under the direction and superintendence of the engineer for the time being of the said Manchester and Leeds Railway Company, at the expense of the Huddersfield and Manchester Railway and Canal Company, and shall for ever afterwards be maintained and kept in perfect order and repair by and at the expense of the Huddersfield and Manchester Railway and Canal Company; and that nothing in this Act contained shall extend to authorize the Huddersfield and Manchester Railway and Canal Company to purchase or take any of the lands or grounds of the Manchester and Leeds Railway Company, or to authorize the Huddersfield and Manchester Railway and Canal Company to alter or vary or interfere with the Manchester and Leeds Railway, or any of the works thereof, except so far and in such manner as may be necessary for effecting the junction of the said Huddersfield and Manchester Railway with the said Manchester and Leeds Railway.

And be it Enacted, That the quantity of land to be taken by the Company for extraordinary purposes shall not exceed Forty acres.

And be it Enacted, That the Railway and Branch Railway shall be completed within Seven years from the passing of this Act, and on the expiration of such period the powers by this Act, or by the said Companies Clauses Consolidation Act, Lands Clauses Consolidation Act and] Railway Clauses Consolidation Act, or any of them, granted to the Company for executing the Railway and Branch Railway, or otherwise in relation thereto, shall cease to be exercised except as to so much of the Railway and Branch Railway as shall be then completed.

And be it Enacted, That it shall be lawful for the Company to demand any tolls for the use of the Railway or Branch Railway, not exceeding the following ; (that is to say)

In respect of the tonnage of all articles conveyed upon the Railway or Branch Railway, or any part thereof, as follows:

For all dung, compost and all sorts of manure, lime and limestone, and all undressed materials for the repair of public roads or highways, per ton per mile not exceeding One penny; and if conveyed in carriages belonging to the Company, an additional sum per ton per mile not exceeding One halfpenny :
For all coals, coke, culm, charcoal and cinders; all stones for building, pitching and paving ; all bricks, tiles, slates, clay, sand, ironstone, iron ore, pig iron, bar iron, rod iron, hoop iron, and all other similar description of wrought iron, and iron castings not manufactured into utensils or other articles of merchandize, per ton per mile not exceeding One penny halfpenny; and if conveyed in carriages belonging to the Company, an additional sum per ton per mile not exceeding One halfpenny :
For all sugar, grain, corn, flour, hides, dyewoods, earthenware, timber, stones and deals, metals (except iron), nails, anvils, vices and chains, per ton per mile Two-pence ; and if conveyed in carriages belonging to the Company, an additional sum per ton per mile not exceeding Three farthings:
For all cotton and other wools, drugs, manufactured goods, and all other wares, merchandize, fish, articles, matters or things, per ton per mile not exceeding Three pence; and if conveyed in carriages belonging to the Company, an additional sum per ton per mile not exceeding One penny :
And for any carriage of whatever description, not being a carriage adapted and used for travelling on a Railway, and not weighing more than One ton, carried or conveyed upon a truck or platform, per mile not exceeding Sixpence; and a sum of Two pence per mile for every additional quarter of a ton, or fractional part of a ton, which such carriage may weigh ; and if conveyed on a truck or platform belonging to the Company, an additional sum per mile not exceeding Two-pence.

In respect of passengers and animals conveyed in carriages upon the Railway, as follows;

For any person conveyed in or upon any such carriage, per mile not exceeding Two pence ; and if conveyed in or upon any carriage belonging to the Company, an additional sum not exceeding One penny Halfpenny :
For every horse, mule, ass or other beast of draught or burden; and for every ox, cow, bull or neat cattle, conveyed in or upon any such carriage, per mile not exceeding Three pence; and if conveyed in or upon any carriage belonging to the Company, an additional sum not exceeding One penny ;
For every calf, pig, sheep, lamb or other small animal conveyed in or upon any such carriage, per mile not exceeding One penny ; and if conveyed in or upon any carriage belonging to the Company, an additional sum not exceeding One farthing.

And be it Enacted, That the tolls which the Company may demand for the use of engines for propelling carriages on the Railway, shall not exceed Two-pence per mile for each passenger or animal, or for each ton of goods or other articles, in addition to the several other tolls or sums by this Act authorized to be taken.

And be it Enacted, That the following provisions and regulations shall be applicable to the fixing of such tolls; (that is to say)

For articles or persons conveyed on the Railway for a less distance than Six miles, the Company may demand, in addition to the prescribed tolls for conveyance, a reasonable charge for the expense of stopping, loading and unloading:
For a fraction of a mile beyond Six miles, or beyond any greater number of miles, the Company may demand tolls on merchandize for such fraction, in proportion to the number of quarters of a mile contained therein, and if there be a fraction of a quarter of a mile, such fraction shall be deemed a quarter of a mile; and in respect of passengers or animals, every fraction of a mile beyond an integral number of miles shall be deemed a mile:
For a fraction of a ton the Company may demand toll according to the number of quarters of a ton in such fraction, and if there be a fraction of a quarter of a ton, such fraction shall be deemed a quarter of a ton :
With respect to all articles except stone and timber, the weight shall be determined according to the usual avoirdupois weight:
With respect to stone and timber, Fourteen cubic feet of stone, Forty cubic feet of oak, mahogany, teak, beech or ash, and Fifty cubic feet of any other timber, shall be deemed One ton weight, and so in proportion for any smaller quantity.

Provided always, and be it Enacted, That the maximum rate of charge to be made by the Company for the conveyance of passengers upon the said Railway, including the tolls for the use of the Railway and of carriages and locomotive power, and every other expense incidental to such conveyance, shall not exceed the following sums:

For every passenger conveyed in a first-class carriage the sum of Three-pence half-penny per mile:
For every passenger conveyed in a second-class carriage the sum of Two-pence half-penny per mile :
For every passenger conveyed in a third-class carriage the sum of One-penny half-penny per mile :

And with respect to the conveyance of horses, cattle, carriages and goods, the maximum rates of charge, including the tolls for the use of the Railway and of waggons or trucks and locomotive power and every expense incidental to such conveyance (except loading and unloading), shall not exceed the sums following :

For every horse, mule, ass or other beast of draught or burden, and for every ox, cow, bull or neat cattle, the sum of Five-pence per mile :
For every calf, pig, sheep, lamb or other small animal, the sum of One-penny per mile :
For every carriage, the sum of Eight-pence per mile:
For all dung, compost and all sorts of manure, lime and limestone, and all undressed materials for the repair of public roads or highways, the sum of Two-pence per ton per mile:
For all coals and culm the sum of Two-pence per ton per mile:
For all coke, charcoal and cinders, all stones for building, pitching and paving, all bricks, tiles, slates, clay, sand-ironstone and iron ore, pig-iron, bar-iron, rod-iron, hoop iron, and all other similar descriptions of wrought-iron and iron castings not manufactured into utensils, or other articles of merchandize, Three-pence half-penny per ton per mile:
For all sugar, grain, corn, flour, hides, dye-woods, earthenware, timber, stones and deals, metals, (except iron), nails, anvils, vices and chains, the sum of Four-pence per ton per mile:
For all cotton and other wools, drugs, manufactured goods, and all other wares, merchandize, fish, articles, matters or things, the sum of Four-pence half-penny per ton per mile :

Provided always, That with respect to cattle and sheep, when a» to cattle, a waggon for the carriage of cattle or sheep shall be engaged by one party, the charge for any such waggon capable of containing six cattle or thirty sheep, shall not exceed One shilling and Three-pence per mile.

Provided always, That with respect to cattle and sheep, when a» to cattle, a waggon for the carriage of cattle or sheep shall be engaged by one party, the charge for any such waggon capable of containing six cattle or thirty sheep, shall not exceed One shilling and Three-pence per mile.

Provided always, and be it Enacted, That the restriction as to the charges to be made for passengers shall not extend to any special or extra train that may be required to run upon the said Railway, but shall apply only to the ordinary trains appointed or to be appointed by the said Company for the conveyance of passengers and goods upon the said Railway.

AND with respect to small packages and single articles of great weight; BE it Enacted, That notwithstanding the rate of tolls prescribed by this Act, the Company may lawfully demand the tolls following ; (that is to say)

For the carriage of small parcels (that is to say parcels not exceeding Five hundred pounds weight each), the Company may demand any sum which they think fit: Provided always, That articles sent in large aggregate quantities, although made up of separate parcels, such as bags of sugar, coffee, meal and the like, shall not be deemed small parcels, but such term shall apply only to single parcels in separate packages:
For the carriage of any one boiler, cylinder or single piece of machinery, or single piece of timber or stone or other single article, the weight of which including the carriage shall exceed Four tons, but shall not exceed Eight tons, the Company may demand such sum as they think fit, not exceeding Sixpence per ton per mile :
For the carriage ol any single piece of timber, stone, machinery, or other single article, the weight of which with the carriage shall exceed Eight tons, the Company may demand such sum as they think fit.

And be it Enacted, That every passenger travelling upon the Railway may take with him his ordinary luggage, not exceeding One hundred pounds in weight for first class passengers, Sixty pounds in weight for second class passengers, and Forty pounds in weight for third class passengers, without any charge being made for the carriage thereof.

And be it Enacted, That from and after the passing of this Act, the said Huddersfield Canal Navigation, and all warehouses, buildings, wharfs, reservoirs, lands, tenements and hereditaments, and all chattels, monies and other property and effects of, belonging, due and owing to the said Huddersfield Canal Company, except as hereinafter mentioned, and all the rights, privileges, powers and authorities by the said recited Acts relating to the said Huddersfield Canal, or any of them, given to or vested in the said Huddersfield Canal Company, shall (subject to the existing debts, liabilities, engagements, contracts, obligations and incumbrances respectively affecting the same), be and be held to be, and the same are hereby vested in the said Huddersfield and Manchester Railway and Canal Company hereby incorporated, and may be lawfully held, used, exercised and enjoyed by and in the name of the Huddersfield and Manchester Railway and Canal Company, in the same manner and to the same extent as the said Huddersfield Canal Company could have held, used, exercised and enjoyed the same, in the name of the Huddersfield Canal Company, if this Act had not been passed, (save only so far as the use, exercise and enjoyment of such rights, powers, authorities and privileges may be inconsistent with the provisions and purposes of this Act, or any of them.)

And be it Enacted, That all the powers, authorities, rights, privileges, provisions, directions, penalties, forfeitures, payments, exemptions, remedies, regulations, rules, clauses, matters and things contained in the said recited Acts relating to the Huddersfield Canal Navigation, shall (with reference to such works, matters and things as have been or might have been made or done thereunder by the Huddersfield Canal Company in any wise in relation to their said Undertaking if this Act had not been passed, and save only so far as the same or any of them are inconsistent with the provisions and purposes of, or are by this Act expressly repealed or altered, and subject to the provisions hereinafter contained) be borne, executed, done, performed and observed by, and be applied and applicable to the said Huddersfield and Manchester Railway and Canal Company, their directors, officers, agents and servants in every respect, and as fully and effectually to all intents and purposes, as if the name of the Huddersfield and Manchester Railway and Caned Company had in every case been written or inserted in the said recited Acts in lieu or instead of the name of the Huddersfield Canal Company.

And be it Enacted, That, subject to the provisions in this Act contained, all debts now due from or to the said Huddersfield Canal Company, shall be payable and paid, together with all interest, if any, due or to accrue due thereon, by or to the said Huddersfield and Manchester Railway and Canal Company, and all rates, tolls and duties which now are due and payable or accruing due and payable under and by virtue of any of the said recited Acts relating to the Huddersfield Canal Navigation, from or to the said Huddersfield Canal Company, shall be due and payable from or to the said Huddersfield and Manchester Railway and Canal Company, and shall and may be recovered from or by the said Huddersfield and Manchester Railway and Canal Company, by the same ways and means, with the same restrictions and regulations, and with the same penalties in regard thereto respectively, as in the said recited Acts relating to the Huddersfield Canal Navigation respectively enacted.

Provided always, and be it Enacted, That all moneys which at the time of the passing of this Act shall be in the hands of the banker of the said Huddersfield Canal Company to the credit of the said Company, and all rates and tolls which shall have been received by the said Canal Company or shall be due to them, shall, after payment of all costs, charges and expenses incurred and owing by them in relation to the working and management of the said Huddersfield Canal Navigation, and all interest on mortgages, bonds or other permanent securities granted by the said Huddersfield Canal Company, and all money owing by the said Company to such banker, be divisible amongst and paid and belong to the several persons or corporations who at the time of the passing of this Act, shall be the proprietors of shares in the said Huddersfield Canal Navigation, in proportion to the amount of shares held by them respectively therein, but having regard to the just claims and interests of such proprietors as between themselves in respect of such shares.

And be it Enacted, That all conveyances, contracts, agreements, obligations, bonds, covenants, liabilities and securities, made or entered into before the passing of this Act, to, with, by or for the said Huddersfield Canal Company, shall (subject to the provisions in this Act contained), be and remain as good, valid and effectual for or against or with reference to the said Huddersfield and Manchester Railway and Canal Company, to all intents and purposes, as if the last-mentioned Company had been party to and had executed the same, or had been named or referred to therein, instead of the said Huddersfield Canal Company.

And be it Enacted, That all injuries, misfeasances, nonfeasances and other rights of action done or committed, or omitted to be done or committed, or accrued before the passing of this Act, by, to, for or against the said Huddersfield Canal Company respectively, shall (subject to the provisions in this Act contained), be and remain as good, valid and effectual, by, to, for or against the Huddersfield and Manchester Railway and Canal Company to all intents and purposes, as if the same bad been done or committed, or omitted to be done or committed, or had accrued by, to, for or against the last-mentioned Company.

And be it Enacted, That all and every purchase, sale, conveyance, grant, lease, agreement, security, right, liability, privilege, omission, act, matter or thing whatsoever, already made, done, executed, granted, incurred, obtained, omitted, transacted, commenced or instituted under or by virtue, or in pursuance of the said recited Acts relating to the Huddersfield Canal Navigation, or any of them, or otherwise by, to, for, on behalf of, against or in respect of the said Huddersfield Canal Company, shall (subject to the provisions in this Act contained) be, and the same are hereby declared to be as good, valid and effectual, and of the same condition and quality to all intents and purposes whatever, by, to, for, on behalf of, against or in respect of the Huddersfield and Manchester Railway and Canal Company, as they respectively were immediately before the passing of this Act, with reference to the said Huddersfield Canal Company, and shall and may (subject as aforesaid) be executed, done performed, continued, completed and terminated by, to, for, on behalf of, against or with respect to the said Huddersfield and Manchester Railway and Canal Company, under and subject to the provisions and regulations of the said recited Acts relating to the Huddersfield Canal Navigation, or any of them, as fully and effectually as the same could or might have been by and in the name of the said Huddersfield Canal Company if this Act had not been passed.

And be it Enacted, That every person or corporation who, immediately before the passing of this Act was the proprietor of One or more shares in the said Huddersfield Canal Navigation, upon which the full amount of all calls made in respect thereof had been paid, shall, if he or they may think fit, and unless he or they shall have signified his or their desire to the contrary before the passing of this Act, be entitled to a like number of shares of the nominal value of Thirty pounds each in the capital or joint stock of the Company hereby incorporated; and every such person or corporation who shall at the time of the passing of this Act have signified, or who shall within Two months after the passing of this Act, signify his consent to take and accept such shares in the capital or joint stock of the Company hereby incorporated, or any number of such shares in lieu of a like number of shares held by him in the said Huddersfield Canal Navigation, shall thereupon be deemed to be the owner of the shares so taken and accepted by him, and every such share in the capital or joint stock of the Company hereby incorporated, is hereby allotted to and vested in such person and corporation accordingly; and every person and corporation in whom any One or more of the said shares is or are hereby vested, shall stand and be possessed of every such share, upon the same trusts, and for the same purposes, and under and subject to the same powers and provisions respectively, subject nevertheless to the provisions of this Act, as the shares in the said Huddersfield Canal Navigation in lieu of which the shares in the capital or joint stock of the Company hereby incorporated are given as aforesaid, were immediately before the passing of this Act held upon, and subject or liable to, and so as to give effect to and not to revoke any will or other testamentary disposition made previous to the passing of this Act.

And be it Enacted, That every person or corporation, who immediately before the passing of this Act was the proprietor of One or more shares in the said Huddersfield Canal Navigation, upon which the full amount of all calls made in respect thereof had been paid, and who shall, either before the passing of this Act, have signified his or their desire not to take shares in the capital or joint stock of the Company hereby incorporated, in lieu of such shares in the said Huddersfield Canal Navigation, or in lieu of some smaller number of such shares, or who shall within Two months after the passing of this Act signify such his or their desire, or who shall for the like period neglect or omit to signify his or their desire to take shares in the capital or joint stock of the Company hereby incorporated, in lieu of the whole or any like number of shares held by him or them in the said Huddersfield Canal Navigation, shall be entitled to receive from the Company hereby incorporated, the sum of Twenty-five pounds, for and in respect of each share held by him or them in the said Huddersfield Canal Navigation, in respect whereof he shall have signified or shall signify such desire, or omit to signify such desire as aforesaid; and the Company hereby incorporated, shall, and they are hereby required to pay to every such person or corporation, within Twelve months after the passing of the Act, the said sum of Twenty-five pounds, for and in respect of each such share so held by him or them in the said Huddersfield Canal Navigation, in respect whereof he shall have signified or shall signify or omit to signify such desire as aforesaid, and thereupon all the right, title, estate and interest of every such person and corporation, of and in the said Huddersfield Canal Navigation, and the property and effects thereof in respect of the share on account of which such payment shall be made, as well as of and in such share, shall cease and determine.

And be it Enacted, That if at the time of the passing of this Act there shall be any shares in the Huddersfield Canal Navigation upon which the full amount of all calls made in respect thereof shall not have been paid, it shall be lawful for the directors of the Company hereby incorporated to declare such shares forfeited, and the same shall thereupon become merged in the general capital or joint stock of the said Company.

And be it Enacted, That before declaring any such share in the said Huddersfield Canal Navigation forfeited, the directors shall cause notice of their intention so to do to be left at the usual or last place of abode of the person, or at the usual place of business of the corporation (as the case may be), appearing by the register book of shareholders of the said Huddersfield Canal Navigation to be the proprietor of such share, or if the holder of such share be abroad, or if the interest in any such share shall he known by the directors to have become transmitted to any other person whose name shall not have been entered in the register book of shareholders of the said Huddersfield Canal Navigation, and so tne address of the parties to whom the same may have been transmitted shall not be known to the directors, or if from any other cause the address of any proprietor of such shares shall not be known to the directors, the directors shall give public notice of such intention in the London Gazette, and in some newspaper published in the West Riding of the county of York, and in the counties of Lancaster and Chester respectively ; and the several notices aforesaid shall be given One month at least before the directors shall make such declaration of forfeiture.

And be it Enacted, That if within One month after such several notices as hereinbefore mentioned shall have been given, the persons or corporation to whom any such share in the said Huddersfield Canal Navigation shall belong, shall pay up all arrears of calls due thereon, together with, such amount of interest as may have accrued due in respect of the same, such person or corporation shall be entitled to the same privileges under this Act as if such arrears of calls and interest had been paid prior to the passing of this Act and shall receive according as he or they shall elect or fail to elect (as the case may be; as aforesaid, either One share of Thirty pounds in the capital or joint stock of the Company hereby incorporated, or the sum of Twenty-five pounds upon each or any such share in the said Huddersfield Canal Navigation, in respect whereof such arrears and such interest shall be paid up as last aforesaid.

And be it Enacted, That the full sum or amount of Thirty pounds shall be deemed to have been paid up on every share in the capital or joint stock of the Company hereby incorporated, which shall be allotted to any person or corporation in lieu of any share held by him or them in the said Huddersfield Canal Navigation, and such person or corporation shall not be liable to the payment of any money in respect of any such share, nor shall such share be subject to any of the provisions of this Act in reference to the payment of calls upon shares, or the forfeiture of shares on non-payment of calls, nevertheless such payment of Thirty pounds in full of any such share shall not entitle the holder or proprietor thereof to interest thereon as capital paid in advance to the said Company.

And be it Enacted, That until the full sum or amount of Thirty pounds shall have been called for in respect of all the shares in the capital or joint stock of the Company hereby incorporated, the shares therein which shall have been allotted in lieu of shares in the said Huddersfield Canal Navigation, shall, for the purpose of distinguishing them from the other shares in the said capital or joint stock, be denominated “paid-up shares and all other shares in the said capital or joint stock shall be denominated “unpaid-up shares.”

And be it Enacted, That, in addition to the said sum of Six hundred and Thirty thousand pounds, which the Company are hereinbefore authorized to raise, they may also create such number of additional shares as may be necessary, for the purpose of allotting shares in the capital or joint stock of the Company hereby incorporated, to the several proprietors of shares in the said Huddersfield Canal Navigation, who may have elected or may elect to take such shares, and for the purpose of raising money to pay to the proprietors of shares in the said Huddersfield Canal Navigation, who may have elected or may elect not to take shares in the capital or joint stock of the Company hereby incorporated, or who may omit to signify their desire to take such shares, the said sum of Twenty-five pounds in respect of each share in the Huddersfield Canal Navigation, in respect whereof such election not to take shares, or such omission to elect may occur, and the additional shares so created by the said Company shall be deemed to be, and shall form part of the capital of the said Company.

AND with regard to any new shares which may be created for the purpose of paying to any of the proprietors of shares in the said Huddersfield Canal Navigation, the said sum of Twenty-five pounds in respect of each such share ; BE it Enacted, That if at the time of the creation of such new shares, the then existing shares of the capital or joint stock of the said Company be at a premium, or of greater actual value than the nominal value thereof, then the shares so to be created as last aforesaid shall be offered to the then shareholders (including such persons or corporations as may have taken shares in lieu of shares in the said Huddersfield Canal Navigation held by them), in proportion as nearly as can conveniently be done, to the then existing shares held by them respectively, an-such new shares shall be offered to the then shareholders in the proportion aforesaid; and such offer shall be made by letter under the hand of the secretary, given to or sent by post, addressed to each shareholder, according to his address in the shareholders’ address book, or left at his usual or last place of abode.

And be it Enacted, That such new shares as last aforesaid shall vest in and belong to the shareholders who shall accept the same, and pay the value thereof to the Company at the time, and by the instalments which shall be fixed by the Company ; and if any shareholder fail for One month after such offer of new shares to accept the same, and pay the instalments called for in respect thereof, it shall be lawful for the Company to dispose of such shares in such manner as they shall deem most expedient for the advantage of the Company.

And be it Enacted, That if at the time of the creation of such pew shares as last aforesaid, the existing shares be not at a premium, then such new shares may be of such amount, and may be issued in such manner, and on such terms as the Company shall think fit.

And be it Enacted, That such new shares as last aforesaid, shall be subject to the same provisions in all respects, whether with reference to the payment of calls or the forfeiture of shares on non-payment of calls or otherwise, as if they had been part of the original capital.

And be it Enacted, That in case the said Company shall, by the creation of additional shares as hereinbefore mentioned, increase their capital beyond the sum of Six hundred and Thirty Thousand pounds hereinbefore authorized to be raised, it shall be lawful for them in every such case to borrow on mortgage or bond, in addition to the said sum of Two hundred and Ten thousand pounds, which they are hereinbefore authorized to borrow, any further sum, not exceeding in amount One-third part of the said increased capital: Provided nevertheless, That no part of such additional sum shall be borrowed as aforesaid, until the shares for raising such increased capital shall have been created and issued, and One-half part of the capital to arise therefrom, or to be represented thereby, shall have been paid up, either actually, or by allotment of such shares, in lieu of paid-up shares in the said Huddersfield Canal Navigation ; provided also, that during such time as any mortgage or bond debt, which may be owing by the said Huddersfield Canal Company at the time of the passing of this Act shall remain owing and unpaid, the amount of such debt shall be taken into account, as part of the additional sum which the said Company are authorized to borrow as aforesaid, and in satisfaction to that extent of the power to borrow the same.

And be it Enacted, That (subject to the provisions herein contained) the said Huddersfield Canal Company shall, from and immediately after the passing of this Act be, and the same is hereby dissolved.

Provided always, and be it Enacted, That nothing in this Act contained shall abate or prejudice any action or suit at the time of the passing of this Act, commenced by or against the said Huddersfield Canal Company, but that the same may be continued, proceeded with and prosecuted as if this Act had not been passed ; and that nothing in this Act contained shall tend to revive or continue any right of action, which by virtue of the said recited Acts or any of them, should be brought within a limited time, but that the same shall be brought within the same time against the said Huddersfield and Manchester Railway and Canal Company, as it must or should have been against the Huddersfield Canal Company in case this Act had not passed, and that nothing in this Act contained shall prevent the suing for or recovering, either in the name of the Huddersfield and Manchester Railway and Canal Company, or the said Huddersfield Canal Company, any penalty incurred for any offence against the provisions of any of the said recited Acts relating to the said Huddersfield Canal Navigation, previously to the passing of this Act, or to prevent defeat or abate any prosecution ; but all penalties which have been incurred before the passingof this Act may be sued for, and all offences which have been committed before the passing «tf this Act may be prosecuted, either in the name of the Huddersfield and Manchester Railway .and Canal Company, or the Huddersfield Canal Company, in the same manner to all intents and purposes, as the same could have been sued for and prosecuted in the name of the Huddersfield Canal Company, if this Act had not been passed.

And be it Enacted, That all persons who before the passing of this Act were the Committee for managing the affairs of the Huddersfield Canal Company, and their respective heirs, executors, administrators and assigns, and their and each of their lands and tenements, goods and chattels, shall he indemnified and saved harmless by and out of the funds of the Huddersfield and Manchester Railway and Canal Company, from and against all debts, liabilities, contracts and engagements contracted or entered into by them as such Committee, and every part thereof, and from and against all damages, losses, costs, charges and expenses occasioned, or which may at any time hereafter be occasioned, on account or in respect thereof.

And be it Enacted, That from and after the passing of this Act all the clauses, powers, provisions, matters and things in the said recited Acts relating to the Huddersfield Canal Navigation, contained in reference to the capital stock of the said Company, the number and amount of the shares therein, and the purchase, sale, transfer and acquisition of such shares, and the right of voting in respect thereof, and the registration of the names of the holders or proprietors thereof, and in reference to the meetings and proceedings of such proprietors, and to the appointment, qualifications, powers and duties of the said committee of the said Canal Company, and of the officers and servants thereof, and to the division of the profits arising from the said Canal Navigation and Works, and to any future borrowing of money by the said Canal Company on mortgage, bond or otherwise, shall be and the same are hereby repealed.

AND whereas a certain Canal called or known by the name of Sir John Ramsden’s Canal, made under the authority of an Act of Parliament, passed in the Fourteenth year of the reign of King George the Third, intituled, “An Act for enabling Sir John Ramsden, Baronet, to make and maintain a Navigable Canal from the River Calder, between a Bridge called Cooper’s Bridge and the mouth of the River Colne, to the King’s Mill near the Town of Huddersfield, in the West Riding of the County ot York,” communicating with the said Huddersfield Canal Navigation, might be beneficially worked by the Company hereby incorporated in connexion with the said Railway and the said Huddersfield Canal Navigation; BE it therefore Enacted, That it shall be lawful for the said Company from time to time to contract and agree with the owners for the time being of the said Canal, called Sir John Ramsden’s Canal, for purchasing or for .taking upon lease for a term of years, or otherwise upon such terms and for such price or rent, or other consideration, as may be agreed upon, the same Canal, and the warehouses, buildings, wharfs, lands, works and conveniences connected therewith, and all the powers, rights and privileges of such owners therein or thereto ; and upon the completion of such purchase, or upon the execution and during the continuance of such lease (as the case may be), the said Huddersfield and Manchester Railway and Canal Company shall have, use, exercise and enjoy all the powers, privileges, rights and authorities granted by the said last-mentioned Act, or such of them as might have been used, exercised and enjoyed by the owner for the time being of the said canal and premises so purchased, if such purchase or lease had not been effected or made

And be it Enacted, That any contract or agreement which may have been already entered into between the said Company hereby incorporated and the owners of any lands or of any canal as aforesaid prior to the passing of this Act, but consistently with the provisions thereof, shall be as binding, valid and effectual as though the same had been made after the passing and under the powers of this Act.

And he it Enacted, That in case the said Company shall become the purchasers of the said canal, called Sir John Ramsden’s Canal, by virtue of the power hereinbefore contained, it shall be lawful for them to raise sufficient capital for the purpose by creation of further additional shares in the company, and such further additional shares, when created, shall form part of the capital of the Company ; and such further additional shares shall be issued and belong to the like persons, and in like manner, and shall be held and be subject to the like terms and provisions in all respects as are by this Act made applicable to the new shares to be created under this Act, for the purpose of paying off to certain proprietors of shares in the Huddersfield Canal Navigation, in respect of their canal shares the sum of Twenty-five Pounds each as hereinbefore provided.

And be it Enacted, That the said Huddersfield and Manchester Railway and Canal Company shall and they are hereby expressly directed and required from time to time and at all times from and after the passing of this Act, so far as regards the said Huddersfield Canal, and from and after the making of sucti purchase, lease, contract or agreement as aforesaid, so far as regards the said Canal, called Sir John Ramsden’s Canal, to keep and maintain the said Canals respectively, and every part thereof, and all the works thereto belonging, well and sufficiently repaired, dredged, cleansed, scoured and in good order and condition, and preserve the supplies of water to the same, so that the same Canals respectively, and every part thereof, may be at all times kept open and navigable for the use of all persons desirous to use and navigate the same, and that without any unnecessary hindrance, interruption or delay, but subject nevertheless to the provisions and restrictions in this Act or in any of the said recited Acts contained for the recovery of the rates or dues payable in respect thereof.

Provided always, and be it Enacted, That if at any time complaint shall be made to the Board of Trade by or on behalf of the Company of Proprietors of the Canal Navigation from Manchester to or near Ashton-under-Lyne and Oldham, or of the undertakers of the navigation of the Rivers Aire and Calder, in the county of York, or of the committee of directors for managing and conducting the affairs^ concerns and business of the said navigation, that the amount of all or any of the tolls, rates or duties received or claimable by the said Huddersfield and Manchester Railway and Canal Company by virtue of this Act, or of the said recited Acts (so far as the same are not hereby repealed or altered), or by virtue of any purchase, lease, contract or agreement, confirmed or rendered valid, by or which may be hereafter made under the authority of this Act, for or in respect of the said Huddersfield Canal, or the canal called Sir John Ramsden’s Canal, or any part thereof respectively, or of the several vessels or articles, matters or things, which shall be navigated, carried or conveyed in, upon or along either of the said canals, or any part thereof respectively, is such as, with reference to the tolls taken and carriage charged on the Railway hereby authorized to be made, to operate prejudicially to the persons using the same canals, or either of them, or vexatiously towards the proprietors of the said canal navigation from Manchester to or near Ashton-under-Lyne and Oldham, or the undertakers of the said navigation of the Rivers Aire and Calder, it shall be lawful for the said Board of Trade, from time to time, when and as such complaint shall be made, to examine and inquire into such complaint, and the grounds thereof, and after such examination had to make such regulations from time to time as the said Board of Trade shall think fit with respect to the amount of all or any of the tolls, rates and duties which shall be received or claimable by the said Huddersfield and Manchester Railway and Canal Company, for or in respect of the said Huddersfield Canal and Sir John Ramsden’s Canal, or any part thereof respectively, or of all or any of the vessels or articles, matters or things which shall be navigated or carried, or conveyed in, upon or along the same canals, or any part thereof respectively ; and by such regulations impose such conditions and restrictions with regard to the amount of all or any of such tolls, rates and duties as the said Board of Trade shall think fit, having regard to the tolls, rates and duties charged upon other navigations on the several lines of water communication between the Huddersfield Canal and Manchester, or between the same canal and Goole or the river Ouse, and particularly to those of the Company making the application, and also having regard to the several rates of tonnage authorized by the several Acts of Parliament relating to such navigations; and every such regulation being signed by one of the secretaries or assistant secretaries of the Board of Trade, and being published in the London Gazette, shall be binding upon the said Huddersfield and Manchester Railway and Canal Company ; and the amount of such tolls, rates and duties shall be recoverable by them in such manner as if the same had formed a part of this Act; and every such regulation may be from time to time revoked and altered by the said Board of Trade: Provided, That if the said Board of Trade shall at any time decline to undertake such examination and inquiry as aforesaid, the Recorder of Leeds for the time being shall, and he is hereby required, upon application made to him in that behalf, by or on behalf of the said Company of Proprietors of the Canal Navigation from Manchester to or near Ashton-under-Lyne and Oldham, or of the said undertakers of the navigation of the rivers Aire and Calder, in the county of York, or of the Committee of Directors for managing and conducting the affairs, concerns and business of the said Navigation, by writing under his hand, to nominate and appoint such person as he shall deem impartial and competent in that behalf, which person shall examine and inquire into such complaint, and the grounds thereof, and after such examination, shall, if he shall so think fit, make regulations for all or any of the purposes aforesaid ; and such regulations, when made under the hand of such person, shall be kept amongst the records of the court of quarter sessions for the Borough of Leeds, in the county of York, and shall have the like effect to all intents and purposes as if the same had been made by the said Board of Trade, and published in the London Gazette.

And be it Enacted, That it shall be lawful for the owner of any land adjoining the said Huddersfield Canal Navigation to make a communication between the water therein and any steam-engine erected or to be erected upon such land, within the distance of Eighty yards from the said canal, by means of a metal pipe of sufficient strength and thickness, provided the same be so laid and constructed as to prevent any leakage or waste of water, and provided the bank of the said canal navigation and all damage that may arise from the laying of such pipe, be repaired at the costs and charges of the said owner, and that the same be effected in such manner and at such time as shall cause as little hindrance or molestation as may be to the said canal navigation, and to the persons using the same, and by means of such pipe to draw from the said canal navigation such quantity of water as shall be sufficient to supply the said engine with water, for the purpose of working the same, and for condensing the steam created by such engine, and also for heating any mill or factory worked thereby, but for no other purpose whatsoever, on paying to the Company the sum of Five shillings per annum for each horse-power of such engine as designated by the capacity of the cylinder and not of the boiler thereof: Provided always, That the owner of such land, or person using such engine, shall from time to time return to the said canal navigation, and on the same level on which it shall have been taken, a quantity of water equal to the quantity so taken (the inevitable waste thereof in working such engine and heating such mill or factory only excepted): Provided also, That every such owner laying such pipe as aforesaid shall from time to time report to the said Company any increase or alteration in the power of the engine supplied with water as aforesaid, and in case such owner shall work any engine without reporting to the Company the full power thereof, he shall forfeit to the Company the sum of Ten shillings for each horse-power of such engine calculated as aforesaid.

Provided always, and be it Enacted, That before any person shall proceed to lay any pipe for the purpose of taking water from the said Canal navigation for the use of such engine, he shall give one month’s notice in writing of such intention to the Company, and it shall be lawful for the Company, or any person they may appoint to inspect the premises, during the laying of such pipe, and if any dispute shall arise between the Company or the person appointed by them as aforesaid, and the owner of such land as to the mode of laying such pipes, such dispute shall be settled and determined by any Justice, on the application of either party.

And be it Enacted, That it shall be lawful for the Company hereby incorporated, with the approbation of Three-fourths of the shareholders, present personally or by proxy, in a general meeting specially convened for the purpose, to grant a lease of the Railway hereby authorized, and also of the Huddersfield Canal Navigation, and the said canal called Sir John Ramsdens Canal (if the last-mentioned canal shall have been purchased by the said Company), or, if the same shall have been taken upon lease by the said Company, then for any portion of the residue unexpired of the term of such lease, to the Sheffield, Ashton-under-Lyne and Manchester Railway Company, for such term and for such rent or consideration as shall be agreed upon; and it shall be lawful for the said Sheffield, Ashton-under-Lyne and Manchester Railway Company, with the approbation of Three-fourths of its shareholders, present personally or by proxy in general meeting specially convened for the purpose, to accept such lease.

AND whereas an Act was passed in the Second year of the reign of Her present Majesty, intituled, “An Act to provide for the Conveyance of the Mails by Railway,” and another Act was passed in the Fourth year of the reign of Her said Majesty, intituled, “An Act for regulating Railways,” and another Act was passed in the Sixth year of the reign of Her said Majesty, intituled, “An Act for the better regulation of Railways, and for the Conveyance of Troops;" and another Act was passed in the Eighth year of the reign of Her said Majesty, intituled, “An Act to attach certain Conditions to the construction of future Railways authorized by any Act of the present or succeeding Session of Parliament, and for other purposes in relation to Railways;" BE it Enacted, That nothing in this Act contained shall be held to exempt the said Railway or the said Company from the provisions of the said several Acts respectively, but that such provisions shall be in force in respect of the said Railway and Company, so far as the same shall be applicable thereto.

And be it Enacted, That nothing herein contained shall be deemed or construed to exempt the Railway by this Act authorized to be made, from the provisions of any General Act relating to such Act, or of any General Act relating to Railways, which may hereafter pass during the present or any future Session of Parliament, or from any future revision and alteration, under the authority of Parliament, of the maximum rates of fares and charges authorized by this Act.

And be it Enacted, That this Act shall be a Public Act, and shall be judicially taken notice of as such.

Huddersfield and Manchester Railway and Canal Act of 1845

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