The Lancashire and Yorkshire Railway (Dewsbury, &c. Branches) Act of 1861 was summarised as:
The following is an uncorrected automated OCR transcription of the document and will contain errors (expand):
24 & 2.5 VrcTORIE-SESsION 1861
LANCASHIRE AND YORKSHillE RAILWAY
(DEWSBURY, &c. BRANCHES) ACT, 1861.
ARRANGEMENT OF SECTIONS,
Short Title 1
Interpretation Clause 2
Incorporation of General Acts 3
Same Meanings 4
Power to take Lands 5
Power to make Railways, &c. 6
Power to alter Engineering Works 7
As to Bridge over the River Calder at Dewsbury 8
Company to make Carriage Approach to the House of Bentley Shaw, Esq. 9
For Protection of the Trustees of the Worsley Estate 10
Lands for Extraordinary Purposes 11
Power to construct Bridge over Milnrow Road 12
Provision as to Bridge over Milnrow Road • • 13
Straightening of Milnrow Road • 14
Power to construct Bridge over Collyhurst Street, Manchester 15
Limiting Time for compulsory Purchase.of Lands . 16
Limiting Time for Completion of Railways • 17
Dividends suspended if Railways not opened within a limited Period • 18
Tolls • 19
Power to raise additional Money . • 20
Additional Money may be raised by Preference Shares • 21
Terms and Conditions on which Preference Shares issued to be stated on
Certificate • 22
Qualifications of new Shares 23
Power to raise Capitol under any other Act of this Session and this Act
by new Shares of one Class . • 24
Saving Rights of Holders of existing Preference Shares • 25
11 AllRANG.EIIENT 01' SBCTIONS..
Calls • • • 26
Power to borrow on Mortgage, &c. • 27
Former Mortgages to have Priority • 28
Extending certain Provisions of "The Companies Clauses Consolidation
" Act, 1845," and existing Acts • •. • . . • . 29
Interest or Dividend not to be paid on Calls • 30
Deposits for future Bills not to be paid out of Company's Capital • • 31
Railways to be subject to General Acts • 32
Expenses of Act • • 33
To enable the LANCASHIRE AND YORKSHIRE RAILWAY CoMPANY
to construct BR.o\NCH RAILWAYS to DEWSBURY,
HECK!\IO~nw1KE and MELTHAl\l ; to purchase additional
LANDS at RocHDALE and MILES PLAITING; and for
other Purposes. [ Ro!Jal Assent, 7th June, 1861.]
WHEREAS by "The Lancashire and Yorkshire and East Preamble.
" Lancashire Railways Amalgamation Act, 1859," the
Undertakings of the Lancashire and Yorkshire and East Lancashire
Railway Companies were amalgamated, and the East Lancashire
5 Railway Company was united with and now forms part of the Lancashire
and Yorkshire Railway Company:
And whereas it is expedient that the Lancashire and Yorkshire
Railway Company should be empowered to construct Branch Railways
to Dewsbury, Heckmondwike and Meltham, in the West
10 Riding of the county of York :
And whereas it is also expedient that the Company, for the
purpose of enlarging their existing Station at Rochdale and providing
4 Lancashire and Yorkshire Railway (Dewsbury,~·c. Branches) Act, 1861.
viding additional accommodation, standage ground, sidings and
other conveniences conuected therewith, should be empowered to
acquire certain lands and houses situate in the township of Castleton,
in the parish of Rochdale, in the county of Lancaster, .adjoining to
and on the northerly side of the Railway and property of the Com- S
pany, and lying to the north-east of and adjoining the turnpike road,
called Milnrow Road, and for the purpose of effecting a convenient
communication between their existing Station at Rochdale and the
lands so to be acquired by them to construct a Bridge across the
turnpike road, called Milnrow Road, nearly opposite to the Com- 10
pany's grain war-ehouse within tbe said Station,:
And whereas it is also expedient that the Company, for the
purpose of enlarging their station and works at Miles Platting,
should be empower.ed to acquire certain lands and houses situate in
the township of Newton, in the parish of Manchester, in the county 15
of Lancaster, adjoining and on the south side of the Railway and
works of the Company there and lying between Lamb Lane, in the
township of Newton, and the east side of a certain street or place
called Frost Street, in the same township, including portions of
certain streets or places called Pitt Street and Nelson Street, and 20
for the purpose of effecting a convenient communication between
their existing station at Miles Platting and the lands so to be
acquired by them, to construct a bridge across a street or road
called Collyhurst Street, at Miles Platting aforesaid:
And whereas Plans and Sections showing the lines and levels 25
of the proposed Railways and other works, and the lands which the
Company are by this Act empowered to acquire and appropriate,
and Books of Reference to those Plans, containing the names of the
owners or reputed owners, lessees or reputed lessees and occupiers
of the said lands, have been deposited with the Clerk of the Peace 30
for the county of Lancaster, and with the Clerk of the Peace for the
,vest Riding of the county of York respectively :
And whereas h is expedient that the Lancashire and Yorkshire
Railway Company should be empowered to raise additional Capital
for the purposes of this Act, and that some of the powers and provi- 35
sions of their existing Acts should be altered and enlarged:
Lancashire aud Yorks/tire Railway (Dewsbury,8:;c. Branches) Act, 1861.
And whereas the objects of this Act 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
5 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, as follows:-
I. In citing this Act for any purpose whatsoever it shall be Short Title.
sufficient to use the expression " Lancashire and Yorkshire Railway
10 " (Dewsbury, &c. Branches) Act, 1861."
II. \Vherever in this Act the words "the Company'' are used Interpretation . Clause.
they shall mean the Lancashire and Yorkshire Railway Compa~y.
Ill. "The Lands Clauses Consolidation Act, 1845,'' " The Incorporation , of General
" Lands Clauses Consolidation Acts Amendment Act, 1860,' and Acts.
15 " The Railways Clauses Consolidation Act, 1845," shall, for the
purposes of the new \Vorks authorized by this Act, be incorporated
with and form part of this Act.
IV. The several words and expressions to which by the Acts ~ame Meanwholly
or partially incorporated with this Act meanings are assigned, rngs.
20 shall have in this Act the same respective meanings, unless excluded
by the subject or context.
V. Subject to the provisions of this Act, and of the Acts Power to take
. l . I h C f . . Lands. mcorporated 1erew1t 1, t e ompany may rom tune to time enter
upon, take and use and appropriate all or any of the lands defined
25 on the deposited Plans, and described in the deposited Books of
VI. Subject to the provisions in this Act contained, the Com- Power to make
f . . k d . . . h 1. d Railways &c.
pany may rom time to time ma e an mamtam m t e mes an '
according to the levels shown on the deposited Plans and Sections,
30 and in and upon the lands which the Company are by this Act
authorized to enter upon, take and use the Railways following, with
286 B all
Power to alter
IAncashire and Yorksl,ire RailwO!) ( Dffllil>ur9, ~-c. Branches) Act, J 861.
all necessary stations, works and conveniences connected therewith,
(that is to say,)
1st. A Railway to commence from and out of and by a
Junction with the Lancashire and Yorkshire Railway at or
near the point where the same crosses the branch of the 5
Calder and Hebble Navigation, called " the Old Cut,"
near to Thornhill Lees Locks, in the township and parish
of Thornhill, and to terminate at or near to the south-east
corner of the market-place, and near to the West Riding
Union Bank in the town of Dewsbury, in the township 10
and parish of Dewsbury, all in the West Riding of the
county of York.
2ndly. A Railway to commence by a Junction with the Lancashire
and Yorkshire Railway at or near the Company's
Station in the township of Heckmondwike, in the parish of 15
Birstal, in the West Riding of the county of York, and to
terminate by a Junction with the Lancashire and Yorkshire
Railway near the Thornhill Station of the Company in the
said township and parish of Dews bury.
3rdly. A Railway to commence from and out of and by a 20
Junction with the Lancashire and Yorkshire Railway near
the north end of the Lockwood Viaduct of that Railway in
the township of Lockwood, in the parish of Alrnondbury,
and to terminate at or near Bridge House in Meltham, in
the township of Meltham, in the parish of Almondbury, 25
all in the West Ridi11g of the county of York.
And the Railways and Works executed under the authority of this
Act shall with respect to tolls, rates and charges, and for all other
purposes whatsoever, be part of the Undertaking of the Company.
VII. Notwithstanding anything in " Tbe Railways Clauses 30
" Consolidation Act, 1845," contained, the Company, in the construction
of the Railway, may deviate from the line of any arches,
tunnels or viadncts described in the deposited Plans or Sections,
so as the deviations be made within the limits of deviation shown
on those Plans, and subject to the limitations contained in the 35
Fifteenth Section of that Act, and so as the nature of the work as
described be not altered, and they may also substitute any other
.Engineering Work not shown on those Plans or Sections, instead of
UIRC«sAire a,u/ Yorbhire Railwoy(Dewshury, ~-r. Brrmcltes) Act, 1861. 1
a tunnel, viaduct, arch or arches, as slmwn thereon, provided, that
every such substitution be authorized by a certificate or the Board
of Trade; and the said Board is hereby empowered to grant such
certificates, provided it shall appear to the Board, upon due inquiry,
~ that the Company has acted in the matter with good faith, and that
the owners, lessees and occupiers of the land in which the substitution
is intended to be made consent thereto, and also that the safety
and convenience of the public wilJ not be diminished thereby:-
Provided, that nothing herein contained shall take away or affect
10 any of the powers given to the Company or to the Board of Trade
by the Fourteenth or Fifteenth Sections of "The Railways Clauses
" Consolidation Act, 1845."
VIII. The Bridge, by means whereof the Railway first here- As to Hrid~e
. b .- d .b d l ll be . d h R. C ld . over the River rn e1ore escn e s rn carne over t e 1ver a er m Calder at
15 the township and parish of Thornhill and township and parish of Dewsbury.
Dewsbury shall have a span of One hundred and thirty-five feet at
the least, measuring along the centre line of the said Railway, and
nothing herein contained shall authorize the Company to place any
pier or buttress in the bed of the said River within the said space
20 of One hundred and thirty-five feet to be spanned by such Bridge.
IX. The Company shall before beginning to construct the Company t?
Railway thirdly described, and at all events within Eighteen ~;~;~cili~~
tl f I mon . f h" A ·r . d d b the House of 1s n ter t 1e passmg o t 1s . et, 1 reqmre so to o y Bentley Shaw,
Bentley Shaw, Esquire, his heirs or assigns, construct at the expense Esq.
25 of the Company, but on the lands of the said Bentley Shaw, a
carriage approach to his house called Woodfield House, from such
point on the turnpike road from Huddersfield to Meltham, northeast
of his said estate, and in such direction and in such manner,
as the said Bentley Shaw, his heirs or ass.igns, shall prescribe,
30 together with suitable entrance gates; and the said Bentley Shaw,
his heirs or assigns, shall be entitled to compensation for the
damage (if any), actual or consequential, sustained by the said
Bentley Shaw, his heirs or assigns, by reason of the exercise of
any of the powers by this Act, or the General Acts incorporated
35 therewith, vested in the Company, as he or they would have been
entitled to under the provisions of "The Railways Clauses Conso"
lidation Act, 1845," if the Company had taken or severed any
part of the lands of the said Bentley Shaw for the purposes thereof
8 Lancashire and Yorkshire Railway(DewshuryJ, ~c.Branches)Act, 1861.
belonging, near to or adjoining the said house or grounds; such
compensation to be ascertained and paid in the same way as is
provided for the ascertaining and payment of compensation under
"The Lands Clauses Conso1idation Act, 1845.''
FforhProTtection X. The rights, if any, which the Trustees of the Worsley 5 o t e rustees
of the Worsley Estate may have acquired over the lands belonging to the Vicarage
Ea1ate. of Rochdale shall be held to give them an interest in the said lands
Power to construct
to Bridge over
within the meaning of the Sixth, Sixteenth, Sixty-eighth and Sixtyninth
clauses of "The Railways Clauses Consolidation Act, 1845."
XI. The Company from time to time, in addition to the 10
other lands which they are by this Act authorized to purchase, may
by agreement purchase any quantity of land adjoining or near to
their Railway not exceeding Five acres for any of the extraordinary
purposes mentioned in "The Railways Clauses Consoli"
dation Act, 1845." 15
XII. The Company, for the purpose of effecting convenient
communication between their existing Station at Rochdale and the
additional lands proposed to be acquired by them in the township
of Castleton and parish of Rochdale, may construct, in the manner
shown on the deposited Plans and Sections, a bridge across the 20
turnpike road called Milnrow Road, nearly opposite to the Company's
grain warehouse, in the said township of Castleton and
parish of Rochdale.
XIII. Provided always, That the propose.cl Bridge to be made
across Milnrow Road shall be a good and substantial flat girder 25
Bridge, of not less than Thirty-six feet in width between the
abutments thereof, and of not less than Seventeen feet two inches in
height above the surface of the carriage way of the road, and shall
be made and maintained so as to have the face of each abutment
in a line with the road, and without having any pillar, wall, support 30
or other obstruction on any part of the road or the footpath thereof,
and shall be made and mai"ntained drop dry at all times.
XIV. Provided also, That before the Company make the
proposed bridge across Milnrow Road they shall at their own
expense deviate and make the line of the Milnrow Road between 35
Lancashire and Yvr!.·shire Railway ( Dcwsbury, ~·c. Branches) Act, 18(3 I.
the north-westerly side of Walker Street, numbered Twenty on the
deposited Plan, and the present Railway Bridge over such Road,
so that such Road when deviated shall be in a straight line and of
equal width with the average width of the present Road there, and
5 the Company may stop up and appropriate for their own purposes
so much of the Road as shall be rendered unnecessary by such
XV. The Company, for the purpose of effecting convenient Power to_ con- . struct Bridge
communicat1on between their existing Station and Works at Miles over Colly10
Platting, and the additional lands proposed to be acquired by them ~:Ute~!::!:
in the township of Newton in the parish of Manchester, may construct,
in the manner shown on the deposited Plans and Sections,
a bridge across a street or road ca11ed Collyhurst Street, at Miles
Platting aforesaid, in the township and parish of Manchester.
15 XVI. The powers of the Company for the compulsory purchase Limiting Time . . for compulsory of lands for the purposes of this Act shall not be exercised after Purchase of
the expiration of Three years from the passing of this Act. Land8"
XVII. The Railways hereby authorized shall be completed LimitingTime
· h' p· f h · f h' A d h . . for Completion wit m 1ve years rom t e passing o t 1s et, an on t e expirat1011 of Railways.
20 of that period, the powers by this Act granted to the Company for
executing the said Railways, or otherwise in relation thereto, shal1
cease to be exercised, except as to so much thereof as shall then be
XVIII. If the Railways by this Act authorized to be constructed Dividends
25 shall not be completed and opened for public traffic within Five Railways_no_t
fi h . f h' A I d f h t' h . opened wttbm years rom t e passmg o t 1s et, t 1en an rom t ence,ort 1t a limited
shall not be lawful for the Company to pay any Dividend on the Period.
ordinary Capital of the Company until the said Railways shall have
been completed and opened for public traffic.
30 XIX. The Company may demand and receive in respect of the Tolls.
use of the new Lines of Railway by this Act authorized any Tolls
and charges not exceeding the Tolls and charges which they are by
" The Lancashire and Yorkshire and East Lancashire Rail ways
"Amalgamation Act, 1859," authorized to demand and receive in
35 respect of the use of the Lancashire and Yorkshire Railway as by
286 c that
10 Lancashire and Yorkshire Railway (Dewsbur!J, ~·c. Branches) Act, 1861.
that Act constituted, as if the said new lines had been part of the
Lancashire and Yorkshire Railway.
Power to raise
be raised by
is,iued to be
stated on Certificate.
XX. The Company from time to time, by order of any General
Meeting of the Company, may raise for the purposes of this Act
such sums of money as they shall think necessary, not exceeding 5
One hundred and seventy-three thousand pounds, exclusive of the
monies which they are or may be authorized to raise by any other
Act or Acts of Parliament, the whole of which sum shall be applied
to those purposes, and to none other.
XXI. For the purpose of raising such sums of money the I 0
Company may, with the consent of Three-fifths of the votes of the
Shareholders present in person or by proxy at any General Meeting
of the Company, when due notice for that purpose shall have
been given, issue such and so many distinct Shares, of such amount
and to be appropriated and disposed of in such a manner, and to 15
such persons, and on such conditions, and with such preference or
priority of dividend not exceeding after the rate of Five pounds per
centum per annum, and either redeemable or not, and generally on
such terms, as by the order of any such meeting of the Company
shall be determined: Provided always, that if in any year ending 20
the Thirty-first day of December there shall not be profits available
for the payment of the full amount of the preferential dividends for
that year payable on any Shares created under this Act, no part of
the deficiency shall be made good out of the profits of any subsequent
year or out of any other funds of the Company. 25
XXII. The terms and conditions to which any Preference
Shares created under this Act are subjected by the provisions of
this Act shall be clearly stated on the certificate of every such
Qualifications XXIII. Except as by or under the powers of this Act other- 30
of new Shares.
wise provided, the new Shares issued under the powers of this Act
shall, in proportion to the aggregate amount thereof from time to
time held by the same person at the same time, entitle the respective
holders thereof to the same dividends and profits, and confer on
them the like qualifications and the like rights of voting, as the like 35
amount of existing ordinary Shares or Stock of the Company.
Lancashire and Yorlahire Railway(Dete3bary, ~•c. Branc1't!¥) Act, 1S6l. 11
XXIV. If by any other Act passed in the pr~se.nt Sejlsion of ~~;:,t:JS!~
Parliament, whether before or after the passiqg of tbiis Act, the any oth~r A~\ • • • of this Session
Company be authorized to raise any Cap1tpl by n,ew Shores, then, and this Act
subject to the provisions of the other Act and thii Act r~~pectively, ~f 0~:wcf!s.ares
.5 the Company, if they think fit, may raise, by the creatiou and itJ-Ue _
of new Shares of one and the same class, a11 or any part of the
aggregate Capital which they are by the other Act and thj~ Act
respectively authorized to raiie by the <!reation aud i$1lUe of new
JO XXV. Provided always. That .any pref.erence or priority in the :;~d!f!r
payment of interest or dividends which may be assigned to any existing PreSI
b d b . f h" Ac h II · . d" ference Sharea. rnres to e create y virt.u.e o t 1s t s a not pre)U. Jee or
affect any preference or priority in the payment of interest or
dividends which may have been a!;signed to any other Shares which
15 may have been granted by the Company in pursuance of any
existing Act of Parliament, -0r w"hieh may otherwise be tawfu1ly
XXVI. Pr°'·ided also, That Twenty -poorn:h, -per ee-ot\lm on the can..
nominal amount of eacla of su.ch pe\v Shares shall be the g-reatest
20 amount of any one Call which the Directors may make on the
Shareholders in respect of the money by this Act authorized to be
raised, and Two months at the ]east shall be the interval between
successive Calls, and the aggregate amount of Calts -00 any one
Share in any One year sbali not exceed Four-fifths -0f the amount of
25 such Share.
XXVII. After the whole pf the sum by this Act authorized to P9wer .to ]lorr
be raised by Shares shall have beeo s.ubsc,ribed for, and one-half of ;~t&~9
amount thereof shall 'have been paid up, the Directors of the
Company may borrow oo mortgage or bond such sums of money as
30 shall from time to time be authorized .to be borrowed by an ord~r
of any General or Sp.ecial General Meeting of the Company, not
ex.ceeding fo the whole the sum of Fif~y-seven Jhousand six
hundred pounds, io addjtion to the sums whicb .they are or may b.e
authorized to borrow by any other Act or Acts of Parliament; ,and
35 all and e,·ery part of the money so to be borrowed shall be applied
to the purposes .a.ut.borized by this Act .and .tb.e iei.is.ti~ .A~-t$ 9f the
Company, an.cl .to OP .o.t.her p.urpas.e.
286 D XXVIII. All
12 Lancashire and Yorkshire Railway (Dewsbury, 8sc. Branches) Act, 1861.
Act 1845 "
to be paid on
not to be paid
XXVIII. All mortgages or bonds granted under the authority
of any former Act relating to the Company, and which shall be in
force at the time of the passing of this Act, shall, during the continuance
thereof, have priority over any mortgages to be granted by
virtue of this Act.
XXIX. Subject to the provisions of this Act, all the provisions
of "The Companies Clauses Consolidation Act, 1845,'' and of the
existing Acts of the Company, with respect to the following matters,
(that is to say,)
With respect to the Distribution of the Capital of the Company 10
With respect to the Transfer or Transmission of Shares;
With respect to the Payment of Subscriptions, and the Means
of enforcing the Payment of Calls ;
With respect to the Forfeiture of Shares for non-payment of 15
Calls, and the ·merger and re-issue of forfeited Shares ;
,Vith respect to the borrowing of Money by the Company on
Mortgage or Bond ;
With respect to the Conversion of borrowed Money into
Capital ; and 20
,vith respect to the Consolidation of Shares into Stock,
shall be applicable to the capital and monies hereby authorized
to be raised by Shares or Mortgage, and to the Proprietors
XXX. It shall not be lawful for the Company, out of any 25
money by this Act or any other Act relating to the Company
authorized to be raised by Calls in respect of Shares, or by the
exercise of any power of borrowing, to pay to any Shareholder
interest or dividend on the amount of Calls made in respect of the
Shares held by him: Provided always, that the Company may pay 30
to any Shareholder such interest on money advanced by him beyond
the amount of the Calls actually made as shall be in conformity with
the provisions of" The Companies Clauses Consolidation Act, 1845,"
in that behalf contained.
XXXI. It shall not be lawful for the Company, out of any 35
money by any existing Act relating to the Company authorized to be .
Lanca.shire and Yorkshire Railway ( Dew,~bury, ~-c. Branches) Act, 186 I. 13
raised for the purpm;es of such Act, to pay or deposit any sum of out o_fCom_- . . . pany d Capital.
money which by any Standmg Order of either House of Parliament
for the time being in force may be required to be deposited in
respect of any application to Parliament for the purpose of obtaining
5 an Act authorizing the Company to construct any other Railway or
execute any other W~rk or Undertaking.
XXXII. Nothing herein contained shall be deemed or con- Railway• to be
d h R .1 b h' I A I . subject to strue to exempt t e ai ways y t is or any ot rnr et re atrng to General Acts.
the Company authorized to be made, or the Company, from the
iO provisions of any General A.et relating to Railways or to the better
and more impartial audit of the accounts. of Railway Companies
now in force or which may hereafter pass during this or any future
Session of Parliament, or from any future revision and alteration
under the authority of Parliament of the maximum rates of fares
15 and charges, and of the rates for small parcels authorized by this or
any other Act relating to the Company.
XXXIII. AH the co~ts, charges and expenses of and incident Expenses of
to the obtaining of this Act. and preparatory thereto, shall be paid Act.
by the Company.