II.. U . I I
£s><-'p
A
BILL
[AS AMENDED BY THE COMMITTEE]
For making a Railway- from Bristol to join the London and
Birmingham Railway near London, to be called " The
Great Western Railway," with Branches therefrom to
the Towns of Bradford and Trowbridge, in the County of
Wilts,
the making a Railway from Bristol, to preamble,
join the London and Birmingham Railway near London,
and also Branch Railways therefrom to Trowbridge and Brad¬
ford, in the County of Wilts, would be of great public advan¬
tage, not only by opening an additional certain and expeditious
Communication between the Cities and Towns aforesaid, and
the several intermediate and adjacent Places, but also by
improving the existing Communication between the Metropolis
and the Western Districts of England, the South of Ireland,
and Wales :
And whereas The King's most Excellent Majesty, in right
of His Crown, is entitled to certain Lands upon the Line of the
proposed Railway :
And whereas the several Persons hereinafter named are willing,
at their own expence, to carry into execution the before-nlen-
tioned Undertaking : But the same cannot be effected without
the Authority of Parliament;
May it therefore please Your MAJESTY,
That it may be Enacted ; 3nU be it (JEnaCtetJ by The KING's
most Excellent Majesty, by and with the advice and consent
6\ a of
t\
) *
( 2 )
of the Lords Spiritual and Temporal, and Commons, in Par-
fn~ liament assembled, and by the Authority of the same, THAT
rated. The Mayor, Burgesses and Commonalty of the City of Bristol, The
Master, Wardens and Commonalty of Merchant Venturers of the City of
Bristol, Daniel Wade Acraman, Alfred John Acraman, John Acraman,
James Agg, Samuel Arbouin, Aliles Ariel, Jeremiah Barrett, Henry
Charles Boisragon doctor of medicine, Thomas Billings, Robert Bulgin,
James Hinton Bowly, Devereux Bowly, Christopher Bowly, Henry
Bozvly, Thomas Byrck, Edward Bowly, Thomas Brown, David Bowly,
William James Baillie, Joseph Bayley Member of Parliament, Colthurst
Bateman, Crawshay Bailey, Richard Bright, John Beddoe, William
Adair Bruce. John Christian Boode, Francis Bryant, William Bird
Brodie Member of Parliament, George Bengough, Charles E. Ber¬
nard the younger, John Betiington, Stephen Nicolson Barber, John
Bird, James Mailland Baird, Thomas Francis Balderston, Charles
Frederick Barnwell, William Borradaile, Charles Bourjot, Robert
Barton, Henry Bush, Robert Bright, Thomas Bowman, Thomas Kington
Bayly, Samuel Bryant, Thomas Coates, John Lees Casson, William
Crozier, John Cargill, John Chadborn, William Crawshay, Thomas Charles,
John Came, Robert Eyre Pur don Coole, Robert Castle, John Cross, Thomas
Cross, William Cross, Henry Cayley, George Abraham Crawley, William
Chance, George Cooper, Gideon Colquhoun the younger, William Cater,
Thomas Camplin, Michael Hinton Castle, Charles Castle, William Comyn,
Eleanor Drowley, Robert Daw, James Dunlop, Charles William Davy
clerk, Joseph Davies, Gorge Daubeny, John Francis Duncan, John
Drake, Robert Dickinson clerk, Henry Dann, William Weaver Davies,
Richard Darby, Thomas Daniel, Eric Erickson, John Edridge, Samuel
Eyre, Thomas Grove Edwards, William English, Charles Elley, George
Eaton, Joseph Eaton, William Edwards, Thomas Harvey Forrester,
Gustavus Flindt, John Fielden, Anthony Frankland, Francis Fitzherbert,
Randle Henry Fielden clerk, George Crocker Fox, Alfred Fox, James
Foster, John Fussell, Thomas Fuidge, Ralph Fenwick, James Dingwall
Fordyce, Stephen Flockton, Edward Herbert Fitzherbert, Thomas Friend,
William Fray, James Fussell, Thomas Fussell, James Fripp, James Fox
doctor of medicine, Robert Fowler, Richard Ferris, Joseph Storrs Fry,
Edward Bowles Fripp, Charles Joseph Fox, Charles Bowles Fripp,
Bevis Ellerby Green, Adolphus Goldschmidt, James Gawen, Thomas
Garrard, John Gardner, Thomas Griffiths, Lewis Griffiths, Nathaniel
Egerton Garrick, William Gregory, Josiah John Guest Member of
Parliament, Christopher George, Richard Lovell Gwatlcin, Charles
Greville, IVilliam Brereton Grime, Frederick William Green, George
Henry Gibbs, Robert Frederick Gower, Riversdale William Grenfell,
6, Robert
( 3 )
Robert Archibald Douglas G res ley, Joseph Menke Gerothwohl, John
Galway, Samuel Grcathead, James Foster Groom, James Gardner, George
Gordon, William Gibbs, George Gould, Thomas Richard Guppy, George
Gibbs, James Adam Gordon, William Gilby, Henry Edmund Goodridge,
Thomas Robert Guest, John Matthew Gutch, Robert Hopkins, Thomas
Harris, Thomas Heathcock, William Hassell, Anthony Hill, David Hop-
kins, Samuel Hon fray, Robert Flay lies, W G Hood, James liaise
Member of Parliament, James Hammett, John Casper Hartsinck, Ambrose
Hussey, Philip Harris, Edward Harley, John Wesley Hall, Thomas
Hebblewhite, John Hartley, Christopher Hodgson, Edward Higgin-
botham, Robert Houlton, Charles Hicks, Anthony Earl Hamilton,
William Haynes, John Harford, Adam Holden, William Hughes,
Baynham Jones, Theophilus Randle Jones, Thomas Jarritt, Edward
Johnson, Philip Jones, William Singer Jacques, George Jones, John
Kynaston, Thomas King, Thomas Kingsbury, Alexander Limond,
Charles Lawrence, Capel Hanbury Leigh, David Lewis Member of
Parliament, Israel Lewis, Richard Llewellin, John Little, Robert
Lyon clerk, John Laurent, Robert Lloyd, William Little, Archibald
Little, Frederick Henry Lindsay, William Lee, James Lean, Benjamin
Lancaster, Robert Leonard, Odlame Coates Lane, Abraham Lyon,
Moses Edward Meyer, Stephen Hempstead Murley, Donald Maclean,
Joseph Randolph Mullings, Rachael Morgan, Henry Mant, Matthew
Marsh, Edward Wheler Mills, Joseph Maynard, James Milligan, Hugh
M'Calmont, Robert M'Calmont, George Meek, Peter Maze, Richard
Morgan, Philip John Miles Member of Parliament, Edwin Morgan,
Edward Lambert Newman, Ralph Nicholson, Charles Norton, James
Nicholson clerk, Cosmo Orme, John Harvey Ollney, Daniel Day
Orlidge, Richard Oliverson, Robert Oliverson, Jeremiah Osborne,
Robert Osborne, Henry Paltcson, Richard Pruen, Letitia Pratt,
Richard Burton Phiilipson, Joseph Frederic Price, Thomas Powell,
Elizabeth Poulton, Arthur Palmer the younger, George Penrice,
Launcelot Powell and John Powell, Richard Shackleton Pope, Thomas
Pycroft, Sampson Payne, Charles Perry clerk, John Pavin, John
Prideaux, Richard Parsley, Charles James Pocock, Rees Price, John
Pickersgill, Edward Protheroe, Henry Palmer, Robert Phippen,
William Ogiloie Porter, Henry Arthur Palmer, Charles Payne,
Joseph Partridge, Nathaniel William Partridge, Owen Rees, William
Ridler, Robert Ansley Robinson, Mordaunt Riclcetts, Luke Rtilly,
Thomas Royd clerk, Thomas Reece, George Radcliffe doctor in divinity,
John Rainsford, George Roe, David Roivland, Henry Ricketts, William
Rogers, F II Rodd, John Reynell, William Ronald,
Thomas Rake, George Alfred Rickets, Thomas Rees, Valentine Ridler,
Nicholas
( 4 )
Nicholas Roch, James Room, James Thomas Robertson, Richard
Ricketts, Frederick Ricketts, William May Simonds, Charles William
Stokes, Frederick Scheer, Samuel Bedlozv Sweetman, John Stephens,
Blaclcall Simonds, Henry Simonds, Edward Warner Shewed, Sir Gilbert
Stirling baronet, J H Sage, Charles Stephens, William
Stanton, Charles Stanton, William Henry Stanton, Charles Henry
Stonehouse, Henry Sanders, Jacob Amos Stuart, Fleming Saint Paul,
Charles Slade, Benjamin Shaw, Joshua Scholefield Member of Parliament,
William Unwin Sims, James Elnathan Smith, Gilbert Stephens, James
Sharpe, William Henry Stell, George, Steward, Thomas Sturge, Russell
Scott, Henry Stothert, Robert Scott, Thomas Smythe, William Smith,
George Morris Taswell, Thomas Turner, Tobiah Teape, Richard Thorley,
Philip Debell Tuckett, William Taswell, William Thompson, Thomas
Tyers Tyers, William Tite, Henry Norwood Trye, Jcnkin Thomas clerk,
Maria Treherne, James Thomas, John Hearle Tremayne, Thomas Tyndall,
Rowland Jones Venables, Harman Visgar, Edward Vines, Alexander
Urquhart, John Vining, Thomas Yandell Venn, William Verner Member
of Parliament, Sir Richard Rawlinson Vyvyan baronet, Member of Par¬
liament, John Henry Vivian Member of Parliament, John Vivian, George
Wildes, William George Wilkins, John Weedon, John Waugh, James
Webster, Sir Richard Wolseley baronet (clerk), William Washbourn,
Joseph Webb the younger, T O Wesmore, Thomas G
Wearne, James Wynn, Charles Wilkins, Edmund Waller, Percival Walsh,
George Wallis, Josiah Wade, Robert Warren, George Woodhead, John
Woolley, Benjamin Woolner, Josiah Wilson, Francis Walker, George
Walker, Samuel Tarleton Wright, Henry Quintin Winwood, John Win-
wood, Charles Ludlow Walker, Richard Warr, John Wiltshire, Samuel
Waring, Richard Bricklade Ward, Francis Yerbury, Joseph Zanetti,
and all other persons and corporations who have subscribed or
shall hereafter subscribe towards the said Undertaking, and
their several and respective successors, executors, administrators
and assigns, shall be, and they are hereby united into a Com¬
pany for making and maintaining the said Railway and Branch
Railways, and other Works by this Act authorized, and for other
the purposes herein declared, according to the provisions and
restrictions hereinafter mentioned, and for that purpose shall be
one body corporate, by the name and style of "The Great
Western Railway Company," and by that name shall have
perpetual succession and a common seal, and by that name shall
and may sue and be sued, and also shall have power and autho¬
rity to purchase hold and sell lands for the use and benefit of
the said Undertaking, without incurring any penalties or for¬
feitures,
( 5 )
feitures, and shall have and exercise all other powers and autho¬
rities which are hereinafter given or mentioned.
And be it further Enacted, That where in this Act any word Rules for the
shall be used importing the" singular number or the masculine
gender only, such word shall be understood to include several Act.
matters as well as one matter, several persons as well as one
person, and females as well as males; and where the word lands
shall be used, the same shall be understood to include tenements
and hereditaments; and where the word corporation shall be
used, the same shall be understood to mean any body politic
corporate or collegiate, civil or ecclesiastical, aggregate or sole ;
and where the word Railway is used, the same shall be under¬
stood to include the Branch Railways hereby authorized to be
made; unless in any of the cases aforesaid it be otherwise spe¬
cially provided, or there be something in the subject or context
repugnant to such construction.
And be it further Enacted, That it shall be lawful for the said Proprietors
Company to raise amongst themselves any Sum of Money for
making and maintaining the said Railway and other Works by amongst
this Act authorized, not exceeding in the whole the sum of themselves
Two millions Five hundred thousand Pounds, the whole to be dertaking,
divided into shares of One hundred Pounds each, and such notexceeding
shares shall be numbered, beginning with number one, in arith- f0 ^divided'
metical progression, and every such share shall be distinguished into Shares
by the number to be applied to the same; and the said 100
shares shall be and are hereby vested in the several parties
taking the same, and their several and respective successors,
executors, administrators and assigns, to their proper use and
benefit, proportionably to the sum they shall severally contri¬
bute ; and all persons and corporations, and their several and
respective successors, executors, administrators and assigns, who
have subscribed or shall severally subscribe for one or more share
or shares, or such sum or sums as shall be demanded in lieu
thereof towards the said Undertaking and other the purposes of
the said subscription, shall be entitled to and receive, in propor¬
tionable parts according to the respective sums so by them
respectively paid, the net profits and advantages which shall
arise or accrue from or by the rates tolls and other sums of
money to be received by the said Companv, as and when the
same shall be divided by the authority of this Act.
6.
B
And
( 6 )
Application And he it farther Enacted, That the money to be raised by
beraisecf t0 Company by virtue of this Act, shall be laid out and
applied in the first place in paying and discharging all costs and
expences incurred in applying for obtaining and passing this Act,
and all other expences preparatory or relating thereto ; and the
remainder of such money shall be applied in and towards pur¬
chasing lands, and making and maintaining the said Railway
and other Works, and in otherwise carrying this Act into
execution.
Company And be it further Enacted, That it shall be lawful for the said
to'make'ed Company, and they are hereby empowered to make and maintain
Railway. the Railway and Branch Railways hereinafter mentioned, with all
proper works and conveniencies connected therewith, in the line
or course, and upon, across, under or over the lands delineated
on the plan, and described in the book of reference deposited
with the respective clerks of the peace for the counties of
Gloucester, Somerset, Wilts, Berks, Oxford, Bucks and Middlesex,
and for the city and county of the city of Bristol, and the city
of Bath ; (that is to say) commencing at or near a certain held
called Temple Mead, within the parish of Temple, otherwise Holy
Cross, in the city and county of the city of Bristol, adjoining or
near to the new cattle market there, passing from through or into
the several parishes of Temple otherwise Holy Cross, in the city and
county of the city of Bristol; Saint Philip and Jacob, and Saint
George, or one of them, in the county of Gloucester ; Brislington,
Keynsham, Saltford, Corston otherwise Coston, Newton Saint
Loe, Twiverton otherwise Twerton, Lyncombe and JVidcombe, or
some of them, in the county of Somerset; Saint James and
Bathwick, or one of them, within the liberties of the city of
Bath, and in the county of Somerset; Bathwick, Bathampton
and Bathford, or some of them, in the county of Somerset; Box,
Ditcheridge otherwise Ditteridge, Corsham otherwise Corsham
Regis, Lay cock, Chippenham, Hardenhuish otherwise Huish,
Langley Barrel otherwise Chippenham Langley, Kington Saint
Michael, Draycot Cerne, Sutton Benger, Christian Malford,
Bremhill, Foxham, Dauntsey, Brinckzvorth, Wootton-Bassett,
Wroughton, Lydiard Tregoz otherwise Liddiard Tregooze, Swin¬
don, Stratton Saint Margaret, Stanton Fitzwarren, Highworth
and South Marston, or some of them, in the county of Wilts;
Shrivenham, Ashbury, Compton Beauchamp otherwise Compton,
Knighton otherwise Compton Knighton, Uffinton, Sparsholt,
Childrey, Letcombe Regis, Denchworth, Wantage, West Han-
ney otherwise Church Hanney, Ardington, East Hendred
6. otherwise
( 7 )
otherwise Great Ilendred, IVest Hendred otherwise Little
Hendred, Steventon, Milton, Sutton Courtney, Harwell, Dudcot
otherwise Didcot, East Hagborne otherwise Church Hag-
borne, North Moreton, South Moretoii, Cholsey, Streatley,
Bassildon, Pangbourn, Parley, Tilehurst, Saint Mary, Saint
Lawrence, Reading and Sonning, or some of them, in the
county of Berks; Hurst and Twyford, in the counties of Berks
and Wilts, or one of them; Wargrave, Ruscomb, Law¬
rence Walt ham otherwise Walthatn Saint Lawrence, Shottesbrook,
White Waltham, Bray and Maidenhead, or some of them, in the
county of Berks ; Sonning, North Stoke, South Stoke and Goring,
or some of them, in the county of Oxford; Whitchurch, in the
counties of Berks and Oxford, or one of them ; Taplow, Hitcham,
Burnham, Farnham otherwise Farnham Royal, Sfo&e otherwise
StokePoges,Slough, Upton otherwise Vpton-cum-Chalvey, Langley
otherwise Langley Marsh, Iver, or some of them, in the county
of Bucks; West Drayton, Hilhngdon, Harlington, Hayes, Norwood,
Southall, Hanwell, Ealing, Acton, Wilsdon otherwise Willesden,
and Hammersmith, or some of them, in the county of Middle¬
sex, and terminating by a junction with the London and .BzY-
mingham Railway, in a certain field lying between the Paddington
Canal and the turnpike road leading from London to Harrow, on
the western side of the General Cemetery, in the parish or township
of Hammer smith, in the said county of Middlesex: And also a Branch
Railway from and out of the said last-mentioned Railway, com¬
mencing at or near certain fields situate between Thingley and
Showell Farm, in the parishes of Corsham and Laycock, or one
of them, in the county of Wilts, passing from, through or into
the several parishes of Corsham, Laycock, Melksham, Broughton,
Gifford, Bradford otherwise Great Bradford, Holt, St avert on,
Hilperton and Trowbridge, or some of them, in the county
of Wilts, and terminating at or near certain fields, adjoining
or near to the gas works, in that part of the parish of 'Trow¬
bridge called Islington, in the said county of Wilts: And
also another Branch Railway, from and out of the said
last-mentioned Branch Railway, commencing at or near the
south-western extremity of the village of Holt, in the parish of
Bradford otherwise Great Bradford, in the said county of Wilts,
and terminating at or near a certain farm-yard belonging to a
farm called Kingston Farm, adjoining the town of Bradford, in
the said parish of Bradford.
AND whereas maps or plans and sections describing the line of plans ami
the said Railway, and the lands upon or through which the said Books of
Railway Referencc t0
( 8 )
remain in
custody of
Clerks of
the Peace.
Railway and llie Works connected therewith are intended to he
carried or made, together with books of reference thereto, contain-
ing lists of the names of the owners or reputed owners and occu¬
piers of such lands, have been deposited with the clerks of the
peace for the counties of Gloucester, Somerset, Wilts, Berks,
Oxford, Bucks and Middlesex, and for the city and county of the
city of Bristol and the city of Bath: BE it therefore Enacted,
That the said maps or plans, sections and books of reference so
deposited shall remain with and be kept by the said clerks of the
peace respectively, and all persons interested in any manner in
such lands shall have liberty, at all reasonable times, to inspect
and to make extracts from or copies of the said maps or plans,
sections and books of reference respectively, paying to the clerk
of the peace in whose custody the map or plan, section or book of
reference so inspected or referred to may be, for every inspection
the sum of One shilling ; and for copies of or extracts from the
said books of reference after the rate of Sixpence for every One
hundred words ; and the said maps or plans, sections and books
of reference, or true copies thereof, or of so much thereof respec¬
tively as shall relate to any matter which may be in question,
certified by the said clerks of the peace or one of them, shall be,
and are hereby declared to be good evidence in all courts of law
or elsewhere.
Uninten¬
tional errors
in Act, or
Plans or
Books of
Keference,
not to pre¬
vent execu¬
tion of Act.
Power to
take Lands,
&c.
Provided always, and be it further Enacted, That it shall be
lawful for the said Company to make the said Railway and other
Works in the line or course, and upon, across, under or over the
lands delineated on the said maps or plans, although such lands
or any of them or the situation thereof respectively, or the
names of the owners or occupiers thereof respectively, may
happen to be omitted, mis-stated or erroneously described
in the said books of reference or in the Schedule to this Act
annexed, if it shall appear to any Two or more Justices of the
Peace for the county city or place wherein the matter in question
shall arise (in case of dispute about the same), and be certified
by writing under their hands, that such omission, mis-statement
or erroneous description proceeded from mistake; and the
certificate of the said Justices shall be deposited with and remain
in the custody of the respective clerks of the peace of the said
counties and cities, as the case may require.
And be it further Enacted, That for the purposes and
subject to the provisions and restrictions of this Act, the said
Company, their agents and workmen, and all other persons
bY
( 9 )
by them authorized, are hereby empowered to enter into and
upon the lands of any person or corporation whatsoever, and
to survey and take levels of the same or of any part thereof, and
to set out and appropriate for the purposes of this Act, such parts
thereof as they are by this Act empowered to take or use, and
in or upon such lands or any lands adjoining thereto, to bore,
dig, cut, embank and sough, and to remove or lay, and also to
use work and manufacture any earth, stone, rubbish, trees, gravel
or sand, or any other materials or things which may be dug or
obtained therein, or otherwise in the execution of any of the
powers of this Act, and which may be proper or necessary for
making, maintaining, altering, repairing or using the said
Railway and other Works by this Act authorized, or which may
obstruct the making, maintaining, altering, repairing or using the
same respectively, according to the true intent and meaning of
this Act; and also for the purposes and according to the provi¬
sions and restrictions of this Act, to make or construct in, upon,
across, under or over the said Railway or other Works, or in,
under, upon, across, under or over any lands, streets, hills,
valiies, roads, railroads or tramroads, rivers, canals, brooks,
streams or other waters, such inclined planes, tunnels, embank¬
ments, aqueducts, bridges, whether temporary or permanent,
roads, ways, passages, conduits, drains, piers, arches, cuttings
and fences; and also to erect and construct such houses, wharfs,
warehouses, toll-houses, landing places, engines and other
buildings, machinery, apparatus and other works and conve¬
niences as the said Company shall think proper; and also
to alter the course of any rivers, canals, brooks, streams or
watercourses as may be necessary for constructing and main¬
taining tunnels, bridges, whether temporary or permanent,
or passages over or under the same, and also to divert or
alter the course of any rivers or streams of water, roads or
ways, or to raise or sink any such rivers or streams, roads
or ways, in order the more conveniently to carry the same
over or under or by the side of the said Railway, and to
make drains or conduits into through or under any lands
adjoining the said Railway, for the purpose of conveying water
from or to the said Railway ; and also from time to time to alter
repair or discontinue the before-mentioned works, or any of
them, and to substitute others in their stead, and to do and
execute all other matters and things necessary or convenient for
making, maintaining, altering or repairing and using the said
Railway and other Works by this Act authorized, they the
said Company, their agents and workmen, doing as little damage
6. c as
( 10 )
as may be in the execution of the several powers to them hereby
granted, and the said Company making full satisfaction in
manner hereinafter mentioned to all persons and corporations
interested in any lands which shall be taken used or injured, for
all damages to be by them sustained in or by reason of the
execution of all or any of the powers hereby granted ; and this
Act shall be sufficient to indemnify the said Company and all
other persons for what they or any of them shall do by virtue
of the powers hereby granted, subject nevertheless to such
provisions and restrictions as are hereinafter mentioned and
contained.
And be it further Enacted, That if any person shall obstruct
or prevent any person employed by the said Company in setting
out the line of the said Railway, or engaged in the construction
thereof, or of any part thereof, or shall pull up or remove any
stakes that may have been driven into the ground for the purpose
of setting out the line of the said Railway, he shall forfeit and
pay any sum not exceeding Five pounds nor less than Twenty
shillings for every such offence.
AND whereas it is intended to carry the said Railway over the
turnpike road leading from London to Maidenhead, in the parish
of Taplow, by means of a bridge or viaduct, and it is desirable
to guard against any obstruction being thereby occasioned to the
traffic on the said road ; BE it therefore Enacted, That the span
of the arch to be constructed across the said road shall be formed
and shall at all times be kept and continued of such width as to
leave a clear space under such arch of not less than Thirty feet,
and of a height from the surface of the said road to the centre
of such arch of not less than Eighteen feet.
For prevent- AND whereas the said Railway is intended to be carried over
tUnid'uHng River Colne, and certain branches thereof, within the parishes
Floods of the of Iver, in the county of Bucks, and of Hillmgdon, in the county
River Coliie. 0f Middlesex, and it is expedient to provide against any injury
being occasioned thereby to the adjoining lands by the obstruc¬
tion of the floods of the said river and branches thereof; BE it
therefore Enacted, That if at any time after the construction of
the said Railway, it shall be found that the waters on the north
side of the viaduct or embankment upon which the same is to be
curried, shall be and remain for the space of Twelve hours at an
elevation of one inch higher than the waters on the south side of
the said viaduct or embankment, that then and in such case,
6. ' upon
Penalty on
obstructing
persons em¬
ployed in
the con¬
struction of
the Railway.
Dimensions
of Bridge
across the
Turnpike
Road near
1Y1:iidenhf>nH
( 11 )
upon due notice of such obstruction being given to the said
Company by the owner or occupier of any lands thereby injured
or affected, the said Company shall and they are hereby required
to make such additional opening, or so many additional openings
in the said viaduct or embankment, as shall admit of the passage
of the said waters without such obstruction being caused by the
said Railway ; and if the said Company shall neglect or refuse to
make such additional opening or openings for the space of
Fourteen days after notice requiring them so to do, duly served
as aforesaid, they shall be subject to a penalty not being less
than Five pounds for every Twenty-four hours during which the
obstruction thereby occasioned shall remain after the expiration
of the said Fourteen days, which penalty may he recovered
against the said Company by the owner of any of the lands
adjoining the said Railway, within the said parishes of Iver and
Hillingdon, by action of debt in any of His Majesty's Courts of
Record at Westminster: Provided always, that nothing herein
contained shall extend to empower the said Company, their
agents or workmen, to divert the present course or channel of
the stream which divides the counties of Bucks and Middlesex, at
the point where the said bridge or viaduct is intended to be con¬
structed. -
And be it further Enacted, That it shall be lawful for the said Power to
Company to treat and agree for the purchase of any lands autho- treatlorthe
i j o i „ v purchase 01
rized to be taken and used by them as aforesaid, and of any sub- lands,
sisting leases, terms, estates and interests therein and charges
thereon, or such of them or such part thereof as the said Company
shall think proper. ' ' • . .
And be it further Enacted, That after any lands intended to be Persons
taken or used for the purposes of this Act, shall have1 been set out debility31
and ascertained, it shall be lawful for all corporations," tenants empowered
in tail or for life, or for any other partial or qualified estate or a^dd
interest, husbands, guardians, trustees and feoffees in. trust for convey an s'
charitable or other purposes, committees, executors and adminis¬
trators, and all trustees and all other persons whomsbever, not
only for and on behalf of themselves, their heirs and successors,
but also for and on behalf of all persons entitled in reversion,
remainder or expectancy after them, if incapacitated or not to
be found, and for and on behalf of their wives, wards, lunatics
and idiots respectively, and in the same manner and to the same
extent as such wives, wards, lunatics and idiots respectively could
have done by law under the powers of this Act in ease they had
been
( 12 )
been sole, of full age and of sound mind, and for and on behalf
of their cestuique trusts, whether infants, issue unborn, lunatics,
idiots, femes covert or other persons, and for all femes covert
seised, possessed of or interested in their own right, or entitled
to dower or other interest in, and for all other persons whatso¬
ever seised, or possessed of or interested in any such lands, to
contract for, sell and convey the same, or any part thereof, unto
the said Company ; and all such contracts, sales and convey¬
ances shall be made at the expence of the said Company, and
ma}7 be according to the following form, or as near thereto
as the number of the parties and the circumstances of the case
will reasonably admit: namely,
Form of " I, of in consideration
toThYcom- °f the sum of to me [or, as the
pany. case may be, into the Bank of England, in the name and
with the privity of the Accountant General of the Court of
Exchequer, ex parte 4 The Great W estern Railway
Company,' or to A. B. of and C. D. of
their heirs and assigns, two trustees
appointed to receive the same], pursuant to the Act after
mentioned, paid by 'The Great Western Railway
[or, the saidj Company,' established and incorporated
by an Act of Parliament passed in the year of
the reign of His Majesty King William the Fourth,
intituled \here set forth the title of this Act,~\ Do hereby
convey, [or, in cases of copyhold or customary lands requir¬
ing surrender, Do hereby agree to surrender,] to the said
Company, their successors and assigns, All [describing
the premises to be conveyed or agreed to be surrendered,]
together with all ways rights and appurtenances there¬
unto belonging, and all such estate, right, title and in¬
terest in and to the same and every part thereof, as I am
or shall become seised or possessed of, or am by the said
Act capacitated or empowered to convey or surrender; To
hold the premises to the said Company, their successors
and assigns for ever, according to the true intent and
meaning of the said Act. In witness whereof I have here¬
unto set my hand and seal, the day of
in the year of our Lord
And all such conveyances and agreements to surrender as afore¬
said shall be valid and effectual in the law to all intents and pur¬
poses, and shall operate to merge all terms of years attendant
by
( 13 )
by express declaration or by construction of law on the estate or
interest so thereby conveyed or aliened, and to bar and destroy
all estates tail, and all other estates, rights, titles, remainders,
reversions, limitations, trusts and interests whatsoever, of and in
the same; but although terms shall be merged, they shall in
equity afford the same or the like protection and priority as if
they were assigned and kept on foot in trust for the Company,
and to attend the reversion and inheritance.
Provided always, and be it further Enacted, That if any con- Conveyance
tract shall be made for or in respect of any lands to be taken or of Copy-
used by virtue of the powers of this Act, which shall be of copy- holds'
hold or customary tenure, or in the nature thereof, every such
contract shall be executed and completed by surrender of such
lands in the court of the manor of which the same may be held
or parcel according to the custom of such manor, which surren¬
der shall and may be made by all persons and corporations by
this Act authorized and empowered to make conveyances of other
lands, and shall have the like force and effect in respect of such
copyhold or customary estates and interests as such conveyance
as aforesaid made by the same person or corporation would have
had over the lands comprised in such surrender, in case the same
had been of freehold tenure, in the same person or corporation,
and such lands shall continue subject to the same fines rents and
services as may be then due and payable, and of right accus¬
tomed, in the same manner as if this Act had not been passed,
until such lands shall have been enfranchised by virtue of the
powers hereinafter contained ; but inasmuch as the vesting and
continuing of such copyhold or customary premises in the said
Company as a body corporate, would, if the same should not be
enfranchised, prevent such lord from receiving the same benefit
of fines heriots and other services due upon death descent or
alienation as he would have received in case such copyhold or
customary premises had continued to be the property of persons
in their natural capacities, the said lord shall at the time of the
admission of the Company be paid by the said Company a rea¬
sonable recompence and satisfaction for the loss which may arise
to him in respect of such fines heriots and other services, the
receipt or enjoyment of which shall be diminished or lost by the
vesting or continuing of such copyhold or customary premises in
a body corporate, and such recompence and satisfaction, if not
settled by agreement between the parties (and which agreement
all lords of manors, and other persons and corporations by this
6. d Act
( 14 )
Act authorized to enfranchise copyhold or customary lands are
hereby empowered to enter into), shall be ascertained and settled
by the verdict of a jury, if required, in like manner as the price
of any lands to be taken in pursuance of this Act is directed to
be settled in case of dispute as to the value thereof; and in all
cases where the lord of any manor whereof any copyhold or
customary lands purchased by the said Company for the purposes
of this Act shall be parcel, shall not have contracted to enfran¬
chise the same, and shall have received from the said Company
a recompence or satisfaction in respect of the fines heriots and
other services being diminished or lost by the vesting and con¬
tinuing of such copyhold or customary lands in a body corporate,
then and in every such case if the same lands, or any part thereof,
shall not be ultimately required for the purposes of this Act, but
shall be sold and disposed of by the said Company, under the
authority to them by this Act given for that purpose, the copy¬
hold or customary lands which shall so be sold and disposed of
by the said Company, shall remain in the hands of the pur¬
chaser thereof, and for ever thereafter continue free and dis¬
charged from the fines heriots and other services in respect
whereof such recompence and satisfaction shall have been made
as aforesaid.
Lords of
Manors
under disa¬
bility, em¬
powered to
enfranchise.
And be it further Enacted, That it shall be lawful for the lord
for the time being of any manor whereof any copyhold or cus¬
tomary lands required for the purposes of this Act are holden or
parcel, and whether an individual or a corporation, and whether
seised in his own right or as a trustee, and whether he be seised
in tail or for life, or other limited estate, and in case of a lady,
whether she be married or sole, and in case of an infant, lunatic
or other incapacitated person being lord of such manor, then for
his guardian committee or trustee to contract for, and the several
persons and corporations aforesaid are hereby empowered to con¬
tract for the enfranchisement of, and to enfranchise such copyhold
or customary lands by such or the like form of conveyance as by
this Act is directed or authorized to be used in cases of the con¬
veyance of lands ; and in case such lord or other person or
corporation hereby capacitated to enfranchise such lands shall
require the same, it shall be compulsory on the said Company to
purchase the enfranchisement of such lands, and the price to be
paid by the said Company for the purchase of the enfranchise¬
ment of any such lands shall, in case the parties differ about the
same, be ascertained and settled by the verdict of a jury, if
6. required
( 15 )
required, in like manner as the price of any lands to be taken in
pursuance of this Act is directed to be settled in case of dispute
as to the value thereof.
And be it further Enacted, That the appointment or appor- Regulation
tionment of the certain copyhold or customary rents issuing out for ttre aP*
of any copyhold or customary lands of which a part only shall be ofRents of
taken for any of the purposes of this Act, in case the same shall Copyholds,
not be settled by agreement between the parties, shall be ascer¬
tained and settled by the verdict of a jury, if required, in like
manner as the price of any lands to be taken in pursuance of this
Act is directed to be settled in case of dispute as to the value
thereof; and in case such appointment or apportionment shall be
settled by agreement between the parties, such agreement shall
be made with, and shall not be valid without, the consent and
approbation of the lord of the manor whereof the same copyhold
or customary lands are held or parcel, and the apportionment
of such copyhold or customary rents as aforesaid shall not in any
manner invalidate prejudice or destroy the customs in other
respects by or under which the copyhold or customary lands not
taken for the purposes of this Act shall be held, or the remedies
for the recovery of the rent for the same after the apportionment
thereof.
And be it further Enacted, That in all cases wherein in the Waste lands
execution of the powers of this Act there shall be occasion to to be,Cun".
1 11 * | , i*i veycd by the
take or use any common or waste land or any other lands which Lords of
shall be charged with or be subject or liable to the exercise of Manors,
any right or privilege of common thereupon, of what nature or
kind soever, the conveyance of such common or waste land,
or other lands, by any person or corporation having such estate
or interest in the manor wherein such common or waste land
or other lands shall be situate, (or if the same shall not
be the waste of any manor, then having such estate or inte¬
rest in the soil of the said lands) as the persons and corporations
who are by this Act enabled to sell other lands have in such
lands, (and which conveyance may be of the like form as by
this Act is directed to be used in the case of conveyances of
other lands), shall be a good and sufficient conveyance to the
said Company for the purpose of vesting in them the fee
simple and inheritance of such common or waste land or
other lands, as fully and effectually as if every person having
right of common upon such common or waste land or other
lands
( 16 )
lands were seised thereof in fee simple in possession, and
had joined in and executed such conveyance ; and the compen¬
sation to be paid for the extinguishment of any right of common
upon any such common or waste land or other lands as aforesaid,
(and which shall be determined by a jury in case the parties
differ about the same, in like manner as by this Act is directed
in other cases of the like nature), shall be paid by the said Com¬
pany to the churchwarden for the time being of the parish
wherein such common or waste land or other lands shall be
situate, and shall be by such churchwarden received and applied
for such general or public purposes within the said parish, as a
vestry thereof shall direct: Provided always, that in all cases
wherein the said churchwardens are empowered to receive such
compensation as aforesaid, the notices by this Act required to
be served on the owners or occupiers of land required for the
purposes of this Act may be served on the said churchwardens,
who shall have power to treat and agree with the said Company
touching the amount; and in all cases in which any such
commonable or other rights shall extend over and be exercised
or enjoyed out of any other lands than such common or waste
land or other lands, the compensation for the relinquishment
thereof shall be paid to the party having such estate or interest
as aforesaid in the said commonable or other rights, or in any
lands whereunto the same shall be appendant or appurtenant, or
otherwise, (as the case may require,) and shall be deposited in the
Bank of England in manner by this Act directed in cases of
other lands taken by the said Company ; provided also, that
in all cases in which any such manor is vested in the freeholders
or inhabitants at large, or in any greater number of persons than
Four, or where the lord of such manor (if any) does not usually
hold some court for the same, or where it is not known to what
lord such manor belongs, or in what manor such common or waste
lands, or other lands are situate, the conveyance by Four at
least of the freeholders whose lands (whether vested absolutely
in them or for such estate as would capacitate them to convey
such lands if wanted for the purposes of this Act) shall entitle
such freeholders to common right in or over such common or
waste lands, or other lands, and whose said lands in the rate for
the relief of poor shall amount in yearly value to Three-filth
parts at least of the whole of the lands which have such common
right, shall also in like manner be a good and sufficient convey¬
ance to the said Company, for the purpose of vesting in them the
fee simple and inheritance of so much and such part of such
common or waste lands, or other lands, as they may from time
to
( 17 )
to time require or take, free from all rights of common and other
rights, estates, titles, charges and incumbrances whatsoever.
And be it further Enacted, That in all cases where the parties where com-
entitled to any such commonable or other rights over any other moners ex-
lands than such common or waste lands as aforesaid shall exceed "^mber^
Twelve in number, it shall be lawful for the said Company to call meeting to
a meeting of such parties by public advertisement, to be inserted becalled-
twice at least in some newspaper circulating in the county or
respective counties in which such lands shall be situate, for the
purpose of appointing, and which meeting shall have power to
appoint a committee, to be chosen from among the said parties,
and not exceeding Five in number, to treat and agree with the
said Company for the compensation to be paid for the extinguish¬
ment of such commonable or other rights, and at such meeting
the decision of the majority present shall bind the minority and
all absent parties ; and the committee so to be chosen as afore¬
said shall have full power to treat and agree with the said Com¬
pany for the compensation to be paid for the extinguishment of
such commonable or other rights, and all matters and things
relating thereto, for and on behalf of themselves and all other
parties interested therein (who shall be bound and concluded
thereby), and to enter into and execute all necessary agreements
and assurances for that purpose, and for the purpose of conveying
the lands in respect of which such compensation shall be received
to the said Company : Provided always, that no meeting shall
be effectual for the purpose aforesaid unless Eight at least of the
said parties entitled shall attend the same ; and if no such meeting
shall be held, or being held shall not appoint a committee as here¬
inbefore directed, or if such committee being appointed shall fail
to agree with the said Company, the amount of such compensa¬
tion as last hereinbefore mentioned shall be determined by the
verdict of a jury, in manner by this Act directed ; provided also,
that in case the amount of such compensation as last mentioned
shall be left to the determination of a jury, as hereby is
authorized, the notices required to be given for that purpose may
be served upon any Three of the parties entitled to such com¬
monable or other rights, or left at their last usual places of abode,
or with any occupier of the lands over which such commonable
or other rights shall extend, or in case the same shall be unoc¬
cupied, then affixed upon some conspicuous part of such lands.
And be it further Enacted, That where any lands purchased powerto
or wanted or intended to be purchased by the said Company, purchase the
6. E ' shall release of
( 18 )
lands wanted shall be subject, solely or jointly with other lands not intended
charged118 to be purchased, to or with any rent-service, rent-charge or chief
thereon. rent, or other rent payment or incumbrance, it shall be lawful
for the said Company to agree for the release of the lands so
purchased or wanted or intended to be purchased, from such
rent payment or incumbrance, and also (where necessary or con¬
venient) for an apportionment of such rent payment or incum¬
brance, for such sum as shall be agreed upon between the said
Company and the party who under the provisions of this Act
shall agree to sell or apportion the same, and which agreement
may be entered into by all persons and corporations by this Act
authorized and empowered to sell or convey lands ; and in case
any difference shall arise respecting the value of such rent pay¬
ment or incumbrance, or respecting the apportionment thereof,
the same shall be determined by a jury, in like manner as the
price of lands is by this Act directed to be settled in case of dis¬
pute as to the value thereof, which jury shall assess and deter¬
mine the value of the rent payment or incumbrance affecting the
lands purchased or wanted or intended to be purchased ; and
shall also (where necessary) apportion the rent payment or in¬
cumbrance affecting the lands jointly subject to rent payment
or incumbrance as hereinbefore mentioned, according to the
respective values of the lands purchased or wanted or intended
to be purchased, and of the lands not purchased or wanted or
intended to be purchased by the said Company ; and all con¬
tracts conveyances and assurances which shall be made by and
between or to the said Company, and any such party as aforesaid
respecting such release (and which may be of the like forms or
to the like efleet, mutatis mutandis, as by this Act are directed
to be used in the case of conveyances of lands), shall be valid
and effectual in the law, and shall extinguish the whole or a pro*
portionate part of such rent payment or incumbrance, (as the
case may be): Provided always, that when any of the lands
purchased by the said Company shall be released from any rent
payment or incumbrance affecting the same jointly with other
lands not purchased by the said Company, such last-mentioned
lands shall be charged only with the remainder of such rent pay¬
ment or incumbrance, and such apportionment shall not prejudice
the title to the remaining rent or the remedies for such remain¬
der, but the same shall at all times thereafter remain as effectual
as if the lands not so purchased had been originally charged with
that amount only : Provided also, That when a part of any rent
payment or incumbrance shall be released, it shall be lawful for
the said Company, on tender for that purpose of any deed or in-
6. strument
( 19 )
strument creating or transferring such rent payment or incum¬
brance, to affix their common seal to a memorandum indorsed on
such deed or instrument, declaring what part of the lands
originally subject to such rent payment or incumbrance shall
have been purchased by virtue of this Act, and what proportion
of the said rent payment or incumbrance shall have been released,
and also declaring the amount of the rent payment or incum¬
brance which shall continue payable, and such memorandum
shall be evidence in all courts of the facts therein stated, but
shall not exclude any other evidence of the same facts.
And be it further Enacted, That all persons and corporations Mortgagees
having any mortgage on any lands to be taken or used for the J? convey to
purposes of this Act, (and whether entitled thereto in their own umpanjr"
right, or in trust, and whether in possession under mortgage or
not), shall, on tender by the said Company or by any person
by them authorized, of the principal money and interest due
thereon, and the just costs {if any) then due, together with the
amount of Six calendar months' interest on the said principal
money, immediately alien, release, assign and transfer such morfc-
gaged premises to the said Company, or to such person and in
such manner as they shall appoint, and which alienation, release,
assignment and transfer may be of the like form as the convey¬
ances by this Act directed to be used in cases of conveyance of
lands, or as near thereto as the circumstances of the case will
permit, or in any other form; or in case such mortgagees shall
have notice in writing from the said Company that they will pay
off the principal money and interest which shall be due on the said
mortgage at the end of Six calendar months, (to be computed
from the day of giving such notice,) then at the end of such Six
calendar months, on the payment of the principal money and
interest so due, together with any just costs then due, such mort¬
gagees shall alien, release, assign and transfer their respective in¬
terests in the mortgaged premises to the said Company, or as they
shall direct; and in case any such mortgagee shall refuse to alien,
release, assign or transfer as aforesaid on such tender or payment,
then all interest on every such mortgaged debt shall from thence¬
forth cease and determine: Provided always, that in case any
such mortgagee shall neglect or refuse to alien, release, assign or
transfer as aforesaid, then upon payment of the principal money
and interest and the costs (if any) due on any such mortgage as
aforesaid into the Bank of England at or at any time after the
end of Six calendar months from the day of giving such notice
as aforesaid, or in lieu of such notice, and in addition to the said
other
( 20 )
Directing in
what manner
disputes be¬
tween the
Company
and certain
Mortgagees
shall be
settled.
other monies, of Six calendar months' interest in advance for the
use of such mortgagee, the cashier of the said Bank shall give
a receipt for the said money in like manner as is by this Act
directed in cases of other payments into the said Bank ; and
thereupon all the estate, right, title, interest, use, trust, property,
claim and demand of such mortgagee, and of all persons in trust
for him, shall vest in the said Company, and the said Company
shall be deemed to be in the actual legal and equitable posses¬
sion of the premises and estate comprised in such mortgage, to
all intents and purposes whatsoever.
And be it further Enacted, That in all cases in which any
lands subject to any mortgage shall be required for the purposes
of this Act, which lands shall be of less value than the principal
monies interest and costs secured thereon, or in which a part only
of any lands subject to any mortgage shall be required for the
purposes of this Act, and the mortgagee thereof shall not consider
the remaining part of such lands to be a sufficient security for the
money charged thereon, or shall not be willing to release the part
required for the purposes of this Act from the principal or mortgage
money,and all interest due or to become due thereon and all costs,
the value of such lands, or (as the case may be) of such part of
the said lands as shall be so required for the purposes aforesaid,
and also the compensation (if any) for any damage done, shall
be settled and agreed upon by and between such mortgagee and
the person entitled to the equity of redemption of such lands, on
the one part, and the said Company on the other part; and in
case of any difference between them, then such value and com¬
pensation shall be determined by the verdict of a jury in the same
manner as in other cases of difference, and the amount of such value
and compensation, being so agreed upon or determined as afore¬
said, shall be paid to such mortgagee in satisfaction of his claim so
far as the same will extend, and such mortgagee shall thereupon
alien, release, assign and transfer all his interest in such mortgaged
lands, the value whereof shall so have been agreed upon or deter¬
mined as aforesaid ; or in case of his neglecting or refusing to
alien, release, assign or transfer as hereinbefore directed, then the
amount of such value and compensation shall be paid into the Bank
of England to the credit of such mortgagee as bv this Act is pro¬
vided in cases of a like nature, and such payment to the mort¬
gagee or into the Bank as last aforesaid shall be and be accepted
in satisfaction of the claim of such mortgagee, so far as the
same will extend, and also in full discharge and exoneration of
such part of the mortgaged premises as shall be so taken or used,
from
%
( 21 )
from all principal and interest, costs and other money due or
secured thereon, and thereupon such mortgaged lands shall be¬
come absolutely vested in the said Company, and the said Com¬
pany shall be deemed to be in the actual possession thereof to
all intents and purposes whatsoever: Provided nevertheless, that
all mortgagees shall have the same powers or remedies for
recovering or compelling payment of their mortgage money, or
the residue thereof (as the case may he;, or the interest thereof
respectively, upon and out of the residue of the mortgaged lands
not required for the purposes aforesaid, as they would other¬
wise have had or been entitled to for recovering or compelling
payment thereof upon or out of the whole of the lands originally
comprised in such mortgage ; provided also, that when a part
only of any lands subject to any mortgage shall have been taken
for the purposes of this Act as aforesaid, and the value of the
lands so taken shall on the assignment thereof to the said Com¬
pany have been paid to the mortgagee thereof, in part satisfaction
of his mortgaged debt, a memorandum of what shall have been so
paid shall be indorsed on the deed creating such mortgage at the
time of executing such assignment to the said Company, and
shall be signed by such mortgagee, and a copy of such memo¬
randum shall at the same time, if required, be furnished by the said
Company, at their expence, to the person entitled to the equity
of redemption of the lands comprised in such mortgaged deed.
And be it further Enacted, That on or before the expiration Parties to
of One calendar month next after notice in writing from the deliver a
said Company, or their agent duly authorized, of their intention hieir^states
to take or use any lands, or any part thereof, for the purposes and claims
of this Act, shall have been given to any person or corporation ^lenda?"6
seised possessed of or interested in, or authorized by this Act to Month after
accept and receive satisfaction and compensation for the value noUce-
of the same, or any estate share or interest therein or charge
thereon, or for any injury or damage sustained on account of the
execution of this Act, such person or corporation shall deliver
or cause to be delivered at the oflice of the said Company
a statement in writing of the particulars of the estate, share,
interest or charge which he or they claim to be entitled to, or
to be authorized to receive satisfaction and compensation for,
and of the injury or damage sustained by him or them, and of
the amount of the sum of money which he or they may expect
and be willing to receive in satisfaction and compensation for
the value of such estate, share, interest or charge, and for such
injury or damage respectively.
0. f And
( 22 )
Satisfaction And be it further Enacted, That all persons and corporations
-rtre by Act capacitated to sell and convey any lands, or to
taken for enfranchise lands of copyhold or customary tenure, or to release
Railway. lands from rents and other incumbrances charged thereon, and
the respective owners and occupiers of any lands through or
upon which the said Railway or other Works hereby authorized
are intended to be made, may agree to accept and receive,
and may, subject to such restrictions as in this Act contained
as to the payment thereof, accept and receive satisfaction or
recompence for the value of such lands, or of the interest therein
by them conveyed, and also compensation for any damage by them
sustained by reason of the execution of any of the works by this
Act authorized, and also by reason of the severing or dividing
such lands, and also for and on account of any damage loss or
inconvenience which may be sustained by such persons and
corporations by reason of the execution of any of the powers of
this Act, in such gross sums as shall be agreed upon between the
said owners (including persons hereby capacitated as aforesaid)
and occupiers respectively, and the said Company ; and in case
the said Company,"and such parties respectively shall not agree
as to the amount or value of such purchase money, satisfaction,
recompence or compensation, the same respectively, or either of
them, concerning which they do not so agree, shall be ascertained
and settled if required, by the verdict of a jury, as hereinafter
is directed.
In case the
Parties
rei'use ©r are
incapable to
treat, the
value of
land and of
damages to
he settled by
a Jury.
AND for settling all differences which may arise between the
said Company and the several owners and occupiers of, or persons
interested in any lands which shall or may be taken, used,
damaged or injuriously affected by the execution of any of the
powers hereby granted; BE it further Enacted, That if any person
corporation or trustee so interested or entitled, and capacitated
to sell, agree, convey or release as aforesaid, shall not agree with
the said Company as to the amount of such purchase money or
satisfaction, recompence or other compensation as aforesaid, or
if any of the parties entitled to receive such purchase money,
satisfaction, recompence or other compensation as aforesaid shall
refuse to accept such purchase money, satisfaction, recompence
or other compensation as aforesaid, as shall be offered by the
said Company, and shall give notice thereof in writing to the
said Company within Twenty-one days next after such offer
shall have been made, and the party giving such notice shall
therein request that the matter in dispute may be submitted to
the determination of a jury, or if any of such parties as afore-
6. said
( 23 )
said shall for the space of Twenty-one days next after notice
in writing shall have been given to the clerk agent or principal
officer of any such corporation, or to any of such trustees
or persons respectively, or left at his last or usual place of abode,
or with the tenant or occupier of any lands required for the
purposes of this Act, neglect or refuse to treat, or shall not
agree with the said Company for the sale conveyance and release
of their respective estates or interests, or the respective estates
or interests which they respectively are hereby capacitated to
convey therein, or shall by reason of absence be prevented from
treating, or shall by reason of any impediment or disability, whether
provided for by this Act or not, be incapable of making such
agreement conveyance or release as shall be necessary or expedient
for enabling the said Company to take such lands or to proceed
in making the said Railway and other the Works aforesaid, or
shall not disclose and prove the state of the title to the premises
of which they respectively may be in possession, and which they
may claim to he entitled unto or interested in, or in any other
case where agreement for compensation for damages incurred in
the execution of this Act, or for the purchase of lands required
for the purposes of this Act, cannot be made, then and in every
such case the said Company shall, and they are hereby required
from time to time to issue a warrant, either under their common
seal or under the hands and seals of Three at least of the directors
of the said Company, to the sheriff of the county in which the
lands in question shail be situate, or the matter in dispute shall
arise ; or in case such sheriff or his under-sheriff shall be one of
the said Company, or enjoy any office of trust or profit under
them, or shall be in any ways interested in the matter in question,
then to any of the coroners of such counties not interested as
aforesaid : or if all the coroners shall be so interested, then to
some person then living in the county, and free from personal
disability, who shall have filled the office of sheriff or coroner in
the said countv, and not be interested as aforesaid (a person
having more recently served either office being always preferred),
commanding such sheriff or coroner, or other person, to impanel
summon and return, and the said sheriff coroner or other person
is hereby accordingly empowered and required to impanel, sum¬
mon and return a jury of at least Eighteen sufficient and in¬
different men, qualified according to the laws of this realm, to
be returned for trials of issues in His Majesty's courts of record
at Westminster, and the persons so to be impanelled, summoned
and returned, are hereby required to appear before the said sheriff,
under-sheriff, coroner or other person, at such time and place as
in
( 24 )
in such warrant shall be appointed, and to attend from day to
day until duly discharged ; and out of such persons so to be im¬
panelled, summoned and returned, a jury of Twelve men shall
be drawn by the said sheriff, under-sheriff, coroner or other per¬
son, or by some person to be by them respectively appointed, in
such manner as juries for trials of issues joined in His Majesty's
courts of record at Westminster are by law directed to be drawn ;
and in case a sufficient number of jurymen shall not appear at the
time and place so to be appointed as aforesaid, such sheriff, under-
sheriff, coroner or other person shall return other honest and in¬
different men of the standers-by, or of others that can speedily
be procured to attend that service (being so qualified as aforesaid)
to make up the said jury to the number of Twelve, and all parties
concerned may have their lawful challenges against any of the said
jurymen, but shall not challenge the array ; and the said sheriff,
under-sheriff, coroner or other person is hereby empowered and
required, on request in writing by either party, to summon before
him all persons who shall be thought necessary to be examined as
witnesses touching the matters in question, and may authorize or
order the said jury, or any Six or more of them, to view the place
or matter in controversy ; and such jury shall upon their oaths, or
being Quakers, upon their affirmations (which oaths and affirma¬
tions, as well as the oaths and affirmations of all such persons as
shall be called upon to give evidence, the said sheriff, under-sheriff,
coroner or other person is hereby empowered and required to
administer) inquire of and assess and give a verdict for the sum
of money to be paid for the purchase of such lands, except for
such interest therein as shall have been of right purchased by the
said Company from any other person, and also the sum of money
to be paid by way of satisfaction, recompence or compensation,
either for the damages which shall before that time have been
done or sustained as aforesaid, or for the future, temporary or
perpetual, or for any recurring damages to be so done or sus¬
tained as aforesaid, and the cause or occasion of which shall have
been in part only obviated, removed or repaired by the said
Company, and which cannot or will not be further obviated,
removed or repaired by them, which satisfaction recompence
or compensation for such damage or loss shall be inquired into
and assessed separately and distinctly from the value of the
lands so to be taken or used as aforesaid ; and the said sheriff,
under-sheriff, coroner or other person shall accordingly give judg¬
ment for such purchase-money, satisfaction, recompence or com¬
pensation as shall be assessed by such jury, which said verdict,
and the judgment thereon to be pronounced as aforesaid, shall be
binding
( 25 )
binding and conclusive to all intents and purposes upon all
persons and corporations whatsoever : Provided alwavs, that in
such inquiry the person or corporation claiming compensation
shall be plaintiff, and shall have all such rights and privileges as
plaintiffs in actions at law are entitled to; provided also, that
not less than Seven days' notice in writing of the time and place
at which such jury are so required to be returned shall he given
by the said Company to the party with whom any such contro¬
versy shall arise, either by delivering such notice to such party,
or by leaving the same at his place of abode or with the clerk or
agent or principal olhcer of the corporation in the case of a cor¬
poration, or with some tenant or occupier of the premises intended
to be valued, or respecting which or any damage to which any
such question shall arise.
And be it further Enacted, That the said juries shall and they Compen-
are hereby respectively empowered, if thereunto required, to settle to'bTappor-
what shares and proportions of the purchase-money, satisfaction tioned.
and recompense or compensation for damages, which shall be
assessed as aforesaid, shall be allowed to any tenant or other
person having a particular estate term or interest in the premises
by way of lease or otherwise, for his interest therein.
And be it further Enacted, That the said verdicts and judg- Verdicts to
ments, being first signed by the said sheriff, under-sheriff, coroner be recorded,
or other person presiding at the taking of such verdict, and
pronouncing of such judgment respectively, shall be kept by the
clerk of the peace for the county in which the matter in dispute
shall have arisen among the records of the quarter sessions of
such county, and shall be deemed records to all intents and
purposes, and the same or true copies thereof shall be allowed to be
good evidence in all courts whatsoever ; and all persons shall have
liberty to inspect the same, paying for such inspection the sum
of One shilling, and also to take cr make copies thereof, paying
for every copy after the rate of Sixpence for every One hundred
words.
And be it further Enacted, That if any such sheriff or his Penalty upon
under-sheriff, or any coroner or other person hereinbefore autho- jj^^8'
rized and directed to act in the stead of such sheriff, shall make witnesses
default in the premises, he shall for every such offence forfeit and making
pay the sum of Fifty pounds to the party who shall be pre- def<iult-
judiced or injured thereby, to be recovered with full costs of suit
6. g by
( 26 )
by action of debt or on the case, in any of His Majesty's Courts
of Record at Westminster ; and if any person so summoned and
returned upon any such jury as aforesaid, shall not appear, or
appearing, shall refuse to be sworn, or being a Quaker, to make
affirmation, or shall refuse to give his verdict, or shall in any other
manner wilfully neglect his duty, contrary to the true intent and
meaning of this Act; or if any person so summoned to give
evidence as aforesaid, shall not appear on being paid or tendered
a reasonable sum for his costs and expences, or appearing, shall
refuse to be sworn, or being a Quaker affirmed, or to give evidence,
every person so offending, having no reasonable excuse (to be
judged of and determined by the said sheriff, under-sheriff,
coroner or other person), shall forfeit and pay for every such
offence to the party for whom or on whose account any such jury
or witness shall have been summoned, any sum not exceeding
Twenty pounds ; which said last-mentioned penalty and forfei¬
ture shall and may be levied by virtue of a warrant under the
hand and seal of any Justice of the Peace for the county city or
place in which the said lands shall be situate, or the said inquisi¬
tion shall be held, by distress and sale of the goods and chattels
of the person so offending, rendering to him on demand the
overplus of the money thereby produced, if any, after such
penalty, and the charges and expenses of such distress and sale
shall have been deducted.
jurors to be And be it further Fnacted, That every such jury and juryman
under the as aforesaid shall also be subject to the same regulations pains and
lations'asU" penalties as if such jury and juryman had been returned for the
those of the trial of any issue joined in any of His Majesty's Courts of Record
Westminster at Westminster ; and all persons who in any examination to be
taken by virtue of this Act, upon their oath, or being Quakers,
upon their affirmation, shall wilfully and corruptly give false
evidence before any such jury, sheriff, under-sheriff, coroner or
other person, or before any Justice of the Peace acting as such
in the execution of this Act, shall and may be prosecuted for
the same, and upon conviction thereof shall be subject to the
pains and penalties to which persons guilty of wilful and corrupt
perjury shall or may by law be subject.
Expences of And be it further Enacted, That in every case in which the
beryaid°W 10 verdict of a jury, summoned as aforesaid, shall be given for a
greater sum than shall have been previously offered by the said
Company for the purchase of any lands to be used or taken by
them for the purposes of this Act, or as compensation for any
6, damage
( 27 )
damage or loss which may happen or arise in the execution of
any of the powers hereby granted, all the costs of summoning
such jury, and the expences of witnesses shall be defrayed by
the said Company, and such costs and expences shall be settled
and determined by the said sheriff, under-sheriff, coroner or other
person as aforesaid ; and in case such costs and expences shall
not be paid to the party entitled to receive the same within Ten
days after the same shall have been demanded, then the same
shall and may be levied and recovered bv distress and sale of any
goods and chattels of the said Company, under a warrant to be
issued for that purpose by any Justice of the Peace for the county
city or place where such inquisition shall be held, not interested
in the matter in question, which warrant such Justice is hereby
authorized and required to issue under his hand and seal, on
application made to him for that purpose by any party entitled
to receive such costs and expences; but if the verdict of the
jury shall be given for the same or for a less sum than shall
have been previously offered by the said Company, One moiety
of the said costs and expences shall be defrayed by the party
with whom the said Company shall have such controversy or
dispute, and the remainder shall be defrayed by the said Com¬
pany ; and the former moiety of such costs and expences having
been ascertained and settled in manner hereinbefore mentioned,
shall and may be deducted out of the money adjudged to be
paid to such other party, as so much money advanced to and for
his use, and the payment or tender of the remainder of the
money so adjudged shall be deemed and taken to all intents and
purposes to be a good payment or tender in satisfaction of the
whole thereof: Provided always, that in cases in which by
reason of absence in foreign parts, or from any other cause or
disability not heieinbefore provided for, any person shall have
been prevented from treating and agreeing as aforesaid, the
whole of such costs and expences shall be borne and paid by the
said Company.
And be it further Enacted, That all parties with whom the perSons re-
said Company shall have any such dispute, and who shall require questing
a jury to be summoned as aforesaid, shall at their own costs, ^[^into
before the said Company shall be obliged to issue their warrant Bonds to pro-
for the summoning of such iurv, enter into a bond with two secut® t>leir
• • • • comulaint
sufficient sureties to the said Company in a penalty of One and to pay
hundred pounds, to prosecute their complaint and to bear and expences.
pay their proportion of the costs and expences of summoning
and returning such jury and taking such verdict, and of the
summoning
( 28 )
Notice of
injury to be
given to the
Company
before com¬
plaint.
Tenants at
Will, &c. to
quit Lands
after Notice.
summoning and attendance of witnesses in case any part of such
costs and expences shall fall upon them. ' 1
And be it further Enacted, That the said Company shall not
he obliged, nor shall any jury to be summoned by virtue of this
Act be allowed (without the consent of the said Company) to
receive or take notice of any complaint to be made by any party
for any loss or injury by him sustained or supposed to be sus¬
tained in consequence of the execution of any of the powers of
this Act, unless notice in writing by or on the behalf of the per¬
son or corporation making such complaint, stating the nature
extent and particulars of such loss or injury, and the amount of
the compensation claimed in respect thereof, shall have been
given by such person or corporation to the said Company Ten
days before the summoning of such jury, and within the space of
Six calendar months after the time of such supposed loss or
injury having been sustained, or after the doing or committing
thereof shall have ceased.
And be it further Enacted, That all persons in possession
of any lands which shall be required or be intended to be taken
or used for the purposes of this Act, and who shall have no
greater interest than as tenants at will, or lessees for a year, or
as tenants from year to year, shall respectively deliver up pos¬
session of such property to the said Company, or to such person
as the said Company shall appoint to take possession of the
same, at the expiration of Six calendar months next after
notice to that effect shall have been given by the said Company
to or left at the place of abode of such respective tenants or
lessees in possession, or left upon the said premises, whether such
notice be given with reference to the time of the commencement
of such tenants holding or not, and whether such notice be given
before or after the said premises shall be purchased by the said
Company, or at such other time after the expiration of Six
calendar months as in any such notice they shall be respectively
required ; and in case any such tenant or lessee, or person so in
possession as aforesaid, shall refuse to give up such possession
as aforesaid, it shall be lawful for the said Company to issue
their precept to the sheriff of the county in which the premises
shall be situate to deliver possession of the said premises to such
person as shall in such precept be nominated to receive the
same ; and the said sheriff is hereby required to deliver pos¬
session of the said premises accordingly, and to levy and satisfy
such costs as shall accrue upon or by reason of the issuing and
execution
( 29 )
execution of such precept on the person so refusing to give pos¬
session, by distress and sale of his goods and chattels.
Provided always, and be it further Enacted, That where any interest of
such tenant or lessee who shall be required to deliver possession such Tenants
of any premises occupied by him before the expiration of his "etiJecfby a
term or interest therein, shall give the said Company previous Jury,
notice in writing thereof, the said Company shall, and they are
hereby required to make or tender to such tenant or lessee, before
they shall issue their precept to the sheriff to give possession of
the premises in the occupation of such tenant or lessee, satisfac¬
tion recompense or compensation for the value of his unexpired
term or interest in the said premises, which satisfaction recom¬
pense or compensation, in case of difference, shall be ascertained
and determined in the same manner as any other satisfaction
recompense or compensation for any lands taken or used by the
said Company is by this Act directed to be made or deter¬
mined.
Provided always, and be it further Enacted, That in all cases personSh0id
in w hich any party shall claim any satisfaction recompense or ing under
compensation for or in respect of any unexpired term or interest p^^the
which he shall claim to be possessed of, or entitled unto, in any same,
lands mines or minerals intended to be taken or used under the
authority of this Act, under or by virtue of any demise, lease or
agreement for lease, or grant thereof, the said Company are
hereby authorized to require such party to produce or show the
lease or agreement for lease, demise or grant, in respect of which
such claim to satisfaction recompense or compensation shall be
made, and if such lease, or agreement for lease, demise or grant,
shall not be produced or shown within Twenty-one days after
demand made by a clerk of the said Company, or by any person
by him authorized, the party claiming such satisfaction recom¬
pense or compensation shall be considered and treated as a tenant
holding only from year to year.
And be it further Enacted, That in case any difference shall Settling dis-
arise between the said Company and any of the owners or occu- Putes as t0
piers of the property to be taken used or injured for the purposes asmall
of this Act, as to the amount or value of the damages done by amount
the said Company, their agents or workmen, to such property,
in the execution of any of the powers of this Act, and such dif¬
ference cannot be adjusted and settled between the said parties,
the same shall, in case the amount of damages claimed does not
6. ii exceed
( SO )
exceed the sum of Twenty pounds, be ascertained and determined
by some Two or more justices of the Peace for the county city
or place in which such lands shall lie, who, upon application
made to them by both or either of the said parties, shall examine
into the matter in dispute, and shall determine and settle the
amount of compensation which shall be payable by the said
Company.
Application And be it further Enacted, That if any money shall be agreed
tion°Moneya" or awafded to be paid for the purchase of any lands to be taken
amounting to or used by virtue of the powers of this Act, or of any interest
£. 200. therein, or for the release of any such lands from any rent or
other incumbrance charged thereon, or for the enfranchisement
of any such lands being of copyhold or customary tenure, or for
any compensation under this Act, which any corporation, tenant
in tail or for life, husband, guardian, trustee or feoffee in trust,
committee, executor or administrator, feme covert or any person
whomsoever, for or on behalf of any wife, ward, lunatic, idiot
or cestuique trust, whether infants, issue unborn, femes covert or
any person whomsoever whose lands are limited in strict
or other settlement, or any person under any other disability or
incapacity, shall be entitled unto, interested in, or hereby capa¬
citated to convey, such money shall, in case the same shall
amount to or exceed the sum of Two hundred pounds, with all
convenient speed be paid into the Bank of England, in the
name and with the privity of the Accountant-General of the
Court of Exchequer, to be placed to his account there, ex parte
" The Great Western Railway Company," pursuant
to the method prescribed by an Act passed in the first year of
the reign of his late Majesty King George the Fourth, intituled,
" An Act for the better securing Monies and Effects paid into
the Court of Exchequer at Westminster, on account of the
Suitors of the said Court, and for the appointment of an Ac¬
countant-General and two Masters of the said Court, and for
other purposes," and the general orders of the said Court, and
without fee or reward ; and shall when so paid in, there remain
until the same shall, by order of the said Court, made in a sum¬
mary way upon petition to be presented to the said Court bv the
party who would have been entitled to the rents and profits of
the said lands, be applied either in the purchase or redemption of
the land-tax, or in or towards the discharge of any debt or other
incumbrance affecting the said lands or affecting other lands
standing settled therewith, to the same or the like uses, trusts,
intents or purposes, as the said Court of Exchequer shall au-
6. thorize
( 31 )
thorize to be purchased or paid, or such part thereof as shall be
necessary, or until the same shall upon the like application be
laid out by order of the said Court, made in a summary way as
aforesaid, in the purchase of other lands, which shall be conveyed,
limited and settled to for and upon such and the like uses, trusts,
intents and purposes, and in the same manner as the lands which
shall be so purchased taken or used as aforesaid, or in respect
of which such compensation or satisfaction shall be paid, stood
settled or limited, or such of them as at the time of making such
conveyance and settlement shall be existing undetermined or ca¬
pable of taking effect; and in the mean time, and until such pur¬
chase can be made, the said money may, by order of the said
Court upon application thereto, be invested by the said Ac-
countant-General, in his name, in the purchase of Three pounds
per centum Consolidated, or Three pounds per centum Reduced
Bank Annuities, or in Government or real securities ; and in the
mean time and until such annuities or securities shall be ordered
by the said Court to be sold for the purposes aforesaid, or shall
be called in or cancelled, the dividends or interest and annual
produce thereof shall from time to time, by order of the said
Court, he paid to the party who would for the time being have
been entitled to the rents and profits of such lands so to be pur¬
chased and settled.
Provided always, and be it further Enacted, That if any money when less
agreed or awarded to be paid as last hereinbefore mentioned shall than £.200
ci J
be less than the sum of Two hundred pounds, and shall exceed the "
sum of Twenty pounds, then the same shall, at the option of the
respective parties for the time being entitled to the rents and
profits of the lands so taken or used, or of such interest therein,
or of their respective husbands, guardians or committees, in case
of coverture, infancy, idiotcy, lunacy or other incapacity, with
the approbation of the said Company, signified in writing under
the hands of Three at least of the directors of the said Company,
be paid into the Bank of England in the name and with the
privity of the said Accountant-General, and be placed to his
account as aforesaid, in order to be applied in manner herein¬
before directed, or otherwise the same may be paid, at the like
option and with the like approbation, to Two trustees, to be no¬
minated by the respective parties exercising such option (such
nomination to be approved of by the said Company), and such
nomination and approbation to be signified in writing under the
hands of the nominating parties, and of Three at least of the
directors of the said Company ; and the money so paid to such
trustees,
( 32 )
When not
exceeding
£. 20.
In case of
not making
out Titles,
&c. the
Money to be
paid into the
Bank.
trustees, and the dividends and produce so arising; thereon and
therefrom, shall be by such trustees applied in like manner as is
hereinbefore directed with respect to the money so to he paid
into the Bank of England in the name of the Accountant-General
.of the Court of Exchequer, t .. <.<• 1 ;
• ' i • r"
Provided also, and be it further Enacted, That where any
money so agreed or awarded to be paid as last hereinbefore men¬
tioned shall not exceed the sum of Twenty pounds, the same shall
be paid to the respective parties who would for the time being
have been entitled to the rents and profits of the lands so taken
or used for the purposes of this Act, or in respect of which such
compensation shall be paid, for their own use and benefit, or in
case of coverture, infancy, idiotcy, lunacy or other incapacity,
then such money shall be paid, for their use, to their respective
husbands, guardians, committees or trustees ; and any such pay¬
ment as last aforesaid shall effectually vest the land, or the in¬
terest or the several interests in the lands, for or in respect
whereof the same shall be paid, in the said Company, their suc¬
cessors and assigns absolutely, free from all titles, charges, estates
and incumbrances.
And be it further Enacted, That in case any party to whom any
money shall be agreed or awarded to be paid for the purchase of
any lands to be taken or used under or bjr virtue of the powers of
this Act, or for any interest or for compensation as aforesaid, shall
refuse or neglect to accept the same, or to convey the premises or
interest in the premises purchased, ,or shall refuse neglect or be
unable to make a title to such premises, or to such interest in the
premises, to the satisfaction of the said Company, or shall be
absent from England, or shall not be conveniently found, or if any
party entitled unto or to convey such lands or such interest therein
cannot be conveniently known or discovered, or be not shown to
the satisfaction of the said Company to be such party, then
and in every sucti case it shall be lawful for the said Company to
order the money so agreed or awarded as aforesaid to be paid
into the Bank of England, in the name .and with the privity of
the Accountant-General of the said Court of Exchequer, to be
placed to his account to the credit of the parties interested in the
said lands [describing them, so jar as the said Company can do],
subject to the control and disposition of the said Court; which
said Court, on the application of any party making claim to
such money, or to any part thereof, by petition, is hereby em¬
powered, in a summary way of proceeding or otherwise, to order
the
( 35 )
the same to be laid out and invested in the public funds, and to
order distribution thereof, or payment of the dividends thereof,
according to the estate title or interest of the party making claim
thereunto, and to make such other order in the premises as to
the said Court shall seem proper; and the cashier of the Bank of
England who shall receive such money is hereby required to give
to the said Company a receipt for such money, mentioning and
specifying therein for what and for whose use [described as
aforesaid] the same is received.
Provided always, and be it further Enacted, That where any Persons in
question shall arise in reference to the provisions aforesaid or possession
otherwise upon this Act, touching the title of any party to any tiv^i'yen"
lands, or to any interest in any land, or to any compensation- titled,
money in respect of damage done to any lands, or to any money
to be paid into the Bank of England for the purchase of any
lands, or of any estate, right, title or interest in any lands to be
taken or used in pursuance of this Act, or for compensation as
aforesaid, or to any annuities or securities to be purchased with
any such money as herein mentioned, or to the dividends or in¬
terest of any such annuities or securities, the parties respectively
who shall have been in possession or receipt of the rents or pro¬
fits of such lands at the time of such purchase, and all persons and
corporations claiming under such parties, or under or consistently
•with the possession of such parties, shall be deemed to have
been lawfully entitled to such lands, or such interest therein, or
to such money as aforesaid, according to such possession, until
the contrary shall be shown to the satisfaction of the said Court,
and the dividends or interest of the annuities or securities to be
purchased with such money, and also the capital of such annuities
or securities, shall be paid applied and disposed of accordingly.
Provided also, and be it further Enacted, That where by The Court
reason of any disability or incapacity of any party entitled to any may order
lands to be taken or used, or in respect of which any satisfaction expences of
recompence or compensation shall be payable under the authority purchases to
of this Act, the purchase-monev for the same, or the money paid
for such compensation, shall be required to be paid into the panv.
Bank of England, to be applied in the purchase of other lands to
be settled to the like uses in pursuance of this Act, it shall be
lawful for the said Court to order the reasonable expences of all
such purchases, and of the re-investment of the purchase-money
in land, together with the necessary costs and charges of obtaining
the proper orders for such purposes, to be paid by the said Com-
6. I pany
( 34 )
Power to
enter Lands,
&c. on pay¬
ment or
tender of
Purchase-
money.
party out of the monies to be received by virtue of this Act, and
the said Company shall from time to time pay such sums of
money for such purposes as the said Court shall direct.
And be it further Enacted, That upon payment or legal tender
of such sums of money as shall have been agreed upon between
the parties, or awarded by a jury in manner aforesaid, for the
purchase of any lands, rent or other charge, or as a compensation
for any loss or injury as aforesaid, to the respective proprietors
of such lands, or other persons respectively interested therein,
and entitled to receive such money or compensation respectively,
within Three calendar months after the same shall have been so
agreed upon or awarded, or if the parties so respectively in¬
terested and entitled as aforesaid cannot be found, or shall be
absent from England, or shall refuse to receive such money as
aforesaid, or shall refuse neglect or be unable to make a good
title to such lands (to the satisfaction of the said Company), or
if any party entitled unto or to convey such lands shall not be
known, or shall be absent from England, or shall refuse neglect
or be unable to convey the same, then upon payment of such
money into the Bank of England as hereinbefore directed, to the
credit of the parties interested in such lands, or in case such
money shall have been agreed or awarded to be paid for the
purchase of any such lands or such compensation as aforesaid,
which any corporation, trustee or person under disability is
hereby capacitated to convey, upon payment of such money into
the Bank of England as hereinbefore directed, to an account,
ex parte " The Great Western Railway Company," then
and in every of such cases it shall be lawful for the said Company
immediately to enter upon such lands, and thereupon such lands
and the fee-simple and inheritance thereof, together with the
yearly profits thereof, and all the estate, use, trust and interest
of all parties therein, shall thenceforth be vested in and become
the sole property of the said Company to and for the purposes of
this Act; and such payment or tender and conveyance, or such
deposit in the Bank of England as aforesaid, shall operate to
merge all outstanding or other terms of years, and to bar and
destroy all dower, and all estates tail and other estates in rever¬
sion and remainder, and all rights, titles, limitations and trusts
whatsoever of and in the said lands ; provided nevertheless, that
before such payment tender or deposit in the Bank of England
as aforesaid, it shall not be lawful for the said Company, or for
any person acting under their authority, to bore under, dig or
cut into or enter upon such lands for any of the purposes of this
6. Act,
C 35 )
Act, save for the purposes of ascertaining and setting out the
same for the purposes of this Act, without the previous consent
of the owners and occupiers thereof respectively.
AND whereas, in making and executing the said Railway and Compensa-
the several other Works by this Act authorized, it may be neces- ^ade'for5
sary for the said Company, their agents and workmen, to enter temporary
upon and take temporary possession of some parts of the lands damage-
adjoining to the line of the said Railway and other Works, for the
purpose of laying or depositing and working thereon, earth, clay,
stones, bricks, slates, timber, lime and other materials, or of ma¬
nufacturing such clay into bricks, or for forming temporary roads
or approaches to and from the said Works; and inasmuch as a
jury summoned as directed by this Act to assess a compensation
for the damage and injury done to such adjoining lands, by the
exercise of the powers and authorities by this Act granted, cannot
either upon view or from evidence form a just opinion of the
permanent injury which will be sustained by the owners or pro¬
prietors of such adjoining lands by the exercise of the powers
and authorities aforesaid, until the works shall have been com¬
pleted, it is expedient that the said Company, their agents and
workmen, should be empowered to enter upon such adjoining
lands for the purposes aforesaid, without having previously made
such payment tender or investment of money as hereinbefore
mentioned ; BE it therefore Enacted, That notwithstanding any
thing in this Act contained it shall be lawful for the said Com¬
pany, their agents and workmen, and they are hereby empowered
to enter upon the lands of any person or corporation whatsoever
adjoining or lying near to the said Railway and other Works by
this Act authorized to be made and maintained, or any of them,
or any part thereof respectively, for the purpose of laying,
depositing, working or manufacturing upon such lands, or upon
any part thereof respectively, any earth, clay, stones, bricks,
slates, timber, lime or other materials, or for forming temporary
roads or approaches to and from the said Works, they the said
Company, their agents and workmen, doing as little damage as
may be in the exercise of the several powers hereby granted to
them, and making compensation for such temporary occupation
or temporary damage of the said lands to the owners and occu¬
piers thereof, such compensation, in case the parties differ about
the same, to be settled and recovered in manner hereinbefore
provided in cases of disputes as to the value of lands through or
upon which the said Railway and other Works are intended to
be made, and the compensation for any damage sustained by
reason
( 30 )
reason of the execution of any of the Works by this Act autho¬
rized : Provided always, that the said Company shall and they
are hereby required, to make such compensation and satisfaction
for the permanent damage or injury (if any) which may have
been done to the said lands by the exercise of any of the powers
and authorities aforesaid, within One calendar month after the
expiration of the period by this Act granted for executing the
said Railway and other Works; provided also, that before it
shall be lawful for the said Company to make such temporary
use> as aforesaid of the lands adjoining or lying near the said
Railway or Works, the said Company shall and they are hereby
required to give Fourteen days' notice of such their intention to
the owners or occupiers of such lands, and to separate and set
apart by sufficient railings or fencings so much of the lands as
shall be required to be so used as aforesaid from the other lands
adjoining thereto ; provided also, that it shall not be lawful for
the said Company to make such temporary use of any such lands
as aforesaid lying at a greater distance than Two hundred and
fifty yards from the said Railway, nor to make bricks or place
a steam-engine upon any of such lands at any place which shall
not be distant; at least Two hundred and fifty yards from any
mansion, without the leave of the owner or occupier of such
mansion, in writing, first obtained for that purpose.
Houses and
Gardens not
to be used
unless speci¬
fied in Sche¬
dule.
Provided also, and be it further Enacted, That nothing herein
contained shall authorize the said Company, or any person acting
under their authority, to take injure or damage, for the purposes
of this Act, any house or other building which was erected or
built on or before the Thirtieth day of November One thousand
eight hundred and thirty-four, or any ground which was then
set apart and used as and for a garden, orchard, yard, park,
paddock, plantation, planted walk or avenue to a house, or any
inclosed ground planted as an ornament or shelter to a house,
or planted and set apart as a nursery for trees, other than and
except such as are specified in the Schedule to this Act annexed,
without the consent in writing of the owner and occupier thereof
respectively, unless the omission thereof in such Schedule shall
have proceeded from mistake, and unless it shall be so certified
in manner hereinbefore provided for in cases of unintentional
errors in the said book of reference.
Breadtiy>f ^nd ^ further Enacted, That the lands to be taken for
taken for the ^ne °f the said Railway shall not exceed Twenty-two yards
Railway.
( 37 )
in breadth, except in those places where a greater breadth shall
be judged necessary for carriages to wait, load or unload, and to
turn or pass each other, or for raising embankments for crossing
vallies or low grounds, or for cuttings, or for the erection and
establishment of any fixed or permanent machinery, toll-house,
warehouses, wharfs or other erections and buildings ; and except
at or near the terminations of the said Railway and the branches
thereof in the respective parishes of Temple, otherwise Holy
Cross, in the city and county of the city of Bristol, Saint Philip
and Jacob, in the county of Gloucester, Corsharn, otherwise
Corsham Regis, Laycock, Bradford, otherwise Great Bradford,
and Trowbridge, in the county of Wilts, and Acton and Ham¬
mersmith, in the county of Middlesex ; and except also on com¬
mons downs or waste grounds, unless with the previous consent
in writing of the owners and occupiers of any lands which the
said Company shall be desirous of appropriating to the obtaining
greater space for the purposes hereinbefore mentioned: Provided
always, that the said Company shall not for the purposes afore¬
said, or any of them, enter upon or take or use any land claimed
to be the property of the Right honourable Charles Herbert
Earl Manvers, in the said parish of Saint James, in the said city
of Bath, or in the parish of Lyncombe and JVidcombe, in the
county of Somerset, without the consent in writing of the owner
of the said land first had and obtained, exceeding in quantity
Four acres Two roods and Thirty perches, or any of such land,
except such part thereof as lies along the River Avon, and com¬
mences at a point distant Three hundred and sixty-five feet, or
thereabouts, (measured along the bank of the said river), from
the north-east corner of the old bridge in Southgate-street, and
extends One thousand one hundred feet, or thereabouts, along
the bank of the said river from the said point; but save and
except out of such land a piece of ground for the site of a road
of Twenty feet in breadth, in a straight line, leading from
a certain mill called Gibbs's Mill, and that it shall be obligatory
on the said Company to purchase such land of the said Earl
Manvers ; and that the said Company shall not divert or alter
any stream or watercourse, sewer or drain, in or upon or running
through the said land, so as to injure or impede the drainage of
the other parts of the said lands claimed to be the property of
the said Earl, nor to divert or alter the course of any street
road or way, or to raise or sink any street road or way that
now is or may be made upon any part of the said lands of
the said Earl.
6.
K
And
( 38 )
And be it further Enacted, That if by any works of the saicl
Company, the drainage of any part of certain gardens in the said
parish of Saint James, in the said city of Bath, claimed to be
the property of the said Earl, called Ham Gardens, and the free
course of water and soil therefrom into the river through and
across the land to be purchased by the said Company, shall be in
anywise impeded or affected, the said Company shall at all times
at their own expense make good the sub-drainage ; and it shall
be lawful for the said Earl, his heirs and assigns, and his and their
tenants of the said gardens, at all times to enter into and upon
the same, and to make and maintain through and across the same
such sewers, drains and watercourses for the purpose aforesaid,
and to inspect the state of the drainage, as he or they shall think
proper, he and they doing thereby as little injury as may be:
Provided always, that nothing herein contained shall authorize or
empower the said Earl, his heirs or assigns, or his or their tenants,
in making and maintaining such sewers drains and watercourses,
or in inspecting the same, to impede or interrupt the free pas¬
sage upon the said Railway, without the consent of the said Rail¬
way Company first had and obtained.
Company Provided nevertheless, and be it further Enacted, That it shall
may enter lawful for the said Company, and their agents and workmen,
Upon 3, C6F" . \ J * p
tain strip of at any time after the commencement of making the said Railway
land belong- on the said lands so claimed to be the property of the said
Manversfto Earl, to enter into and upon (the said Company immediately
be laid out as thereupon bounding out from the land adjoining on the north
torkingf0r side, in such manner as the said Earl, his heirs or assigns, shall
materials on. reasonably require) a strip of land immediately adjoining the
north side of the land intended to be purchased for the purposes
of the said Railway, as a street, from a steam flour-mill in Dor¬
chester-street, such strip of land to be about Two hundred yards
in length, and Forty feet in width, for the purpose of using
working and manufacturing any earth, stone, lime, gravel, sand,
timber, iron, and any other material or thing necessary for the
making the said Railway, the said Company raising the said
strip of land, with earth and rubbish or other material, to a level
with the surface of the highest part of the said street called
Dorchester-street, but not higher, without the consent of the
said Earl, his heirs or assigns, first obtained ; and that when and
as soon as the said Railway shall be made, the said Company
shall immediately thereupon, and under the direction and at the
option of the said Earl, his heirs or assigns, pave and pitch over
with stone, according to the general custom in the city of Bath,
or pave pitch and stem over with stone, the whole length and
6. width
If drainage
of certain
lands belong¬
ing to Earl
Alanvers be
impeded,
Company to
make good
the sub-
drainage.
( 39 )
width of the said strip of land of Forty feet wide, so that when
such work be finished the said strip of land shall form and be a
continuation of Dorchester-street aforesaid, and shall be used
as a street or way only ; and the said Company shall for ever
thereafter repair and keep in good repair and condition the
said continuation of street, and shall have the free use of the
whole of the said street, in common with the said Earl, his
heirs and assigns: Provided always, that nothing herein con¬
tained shall prevent the said Earl, his heirs and assigns, at any
time hereafter paving or pitching a footway, not exceeding the
width of Eight feet, along the side of the said continuation of
street adjoining the land of him the said Earl, on the north side
thereof, and from thenceforth for ever afterwards keeping the
same paving or pitching in good repair.
And be it further Enacted, That it shall be lawful for the said Company
Company, so soon after the commencement of making the said may form a
Railway on the said land so claimed to be the property of the sitePierpont-
said Earl as the same can be conveniently obtained, to enter street, and
into and upon, and immediately thereupon to bound out from use the same
the land adjoining to the east and west sides, in such manner as
the said Earl, his heirs or assigns, shall reasonably require, a strip
of land not less than Thirty feet wide, other part of the said v
gardens called Ham Gardens, to lead in a direct line from the
east side of Pierpont Street, in the said city of Bath, to the said
strip of land of Forty feet wide, for the purpose of raising the said
strip of ground, and making a carriageway over the same from
the said street called Pierpont Street to the said intended Rail¬
way ; and after the bounding and raising as aforesaid, such raising
being also performed by the said Company in such manner as
the said Earl, his heirs or assigns, shall reasonably require, the
said Company shall have the use of the said carriageway in
common with the said Earl, his heirs and assigns, for persons and
carriages with horses leading or taking passengers therein, with
their luggage, to and from the entrance of a depot to be made in
front of the said last-mentioned carriageway and such street, but
not to extend to or be a thoroughfare for loaded waggons or
carts, or for leading or hauling of articles of trade to or from the
said Railway, or to or from any depot or wharf that shall or may
be made, or any part of the ground to be purchased from the
said Earl as aforesaid, or to or from any erections or buildings
that shall or may be erected thereon.
Provided also, and be it further Enacted, That nothing herein Act not to
contained shall extend or be construed to extend to prevent the prevent Earl
r • , Man vers
said
( 40 )
erecting a
barrier
across such
street.
Company to
make and
pitch such
street, under
the direction
of Earl Man-
vers, and
repair the
same.
Company to
leave an arch
under the
Railway, on
certain pro¬
perty belong¬
ing to Earl
Man vers.
If Earl
Man vers
erects a
bridge over
the River
Avon, Com¬
pany to set
out and form
a Road com¬
municating
therewith.
said Earl, his heirs and assigns, from erecting setting up and
continuing, and afterwards to remove, and subsequently to erect
set up and continue, and remove, when and as often as he or they
shall from time to time and at any time or times think fit, in or
upon any part of the said last-mentioned carriageway, a harrier
to prevent loaded waggons or carts from passing along the said
carriageway, or the leading or hauling of articles of trade in or
upon the said carriageway, such barrier nevertheless not to
prevent persons and carriages with horses leading or taking
passengers thereon, with their luggage, to and from the entrance
of the depot aforesaid.
And be it further Enacted, That immediately after the car¬
riageway leading from Pierpont-street to the said depot of the
said Railway shall be hounded out and raised as aforesaid, the
said Company shall, under the directions and at the option of
the said Earl, his heirs and assigns, make pitch and stem the
said carriageway, and afterwards keep the same in good repair
until two-thirds of the houses or buildings to be erected on the
ground running in a line from the west side of Pierpont-street
aforesaid to the said Railway shall be completed and finished fit
for habitation, when and thereafter the said Earl, his heirs or
assigns, or the several owners and occupiers of such houses and
buildings respectively, shall keep the said carriageway in repair.
> . i , ' ' ■ '
And be it further Enacted, That in the formation of such part
of the said Railway as is intended to be made on the said land
so claimed to he the property of the said Earl, the said Company
shall and they are hereby required to make and leave an arched
opening of at least Twenty feet wide and Twenty feet in height
above the surface of the said intended street forming a con¬
tinuation of Dorchester-street as aforesaid, for a carriageway
under the said Railway, and as nearly opposite a piece of ground
claimed to be the property of the said Earl adjoining Gibbs's
Mill, in the said parish of Lyncombe and Widcornbe, as may be.
And he it further Enacted, That in case the said Earl, his
heirs or assigns, shall erect a bridge over the River Avon, and
make a carriage or footway over a part of the said ground adjoin¬
ing the said mill called Gibbs's Mill, the said Company shall
and they are hereby required, on the request in writing of the
said Earl, his heirs or assigns, to bound out from the land
adjoining on the east and west sides, in such manner as the said
Earl, his heirs or assigns, shall reasonably require, a strip of land,
part
( 4.1 )
part of the said land so claimed, to be the property of the said
Earl as aforesaid, commencing from the south ends of the sides
of such arched opening under the said Railway, and to run from
thence, of the same width as the said archway opening, in straight
lines unto the River Avon, so and in such manner that the same
shall unite the walls of such archway opening with the bridge
that may be built over the said River Avon, which strip of land
and the said arched opening under the said Railway shall from
thenceforth he and become a carriage and footway ; and so far as
the said arched opening and the said strip of land shall extend,
the said Company shall immediately thereupon, and as the said
Earl his heirs or assigns shall direct, pave and pitch the whole
surface thereof, and for ever afterwards keep the said paving
and pitching in good repair, but for no purpose whatsoever shall
the said Company roof or cover over the said strip of land last-
mentioned ; which carriage and footway through the said arched
opening, and upon and over the said strip of land last mentioned,
shall from the making thereof be a common street and carriage
or footway, subject nevertheless as hereinafter mentioned ; (that
is to say), Provided always, that nothing herein contained shall
Be deemed or construed to prevent the said Earl his heirs or
assigns from erecting a toll bar, and collecting toll of and from
any person, with or without cattle or carriages, passing over the
said bridge that may be built over the said River Avon from or
unto or through the said arched opening, and from and unto or
into and over the said strip of land unto the said bridge that
may be built over the said River Avon.
AND whereas apprehensions are entertained by the inhabitants For the pre-
of the parish of Suit ford that the excavations or other works servation of
intended by the said Railway Company may cut off diminish or at^afXrd?1"
deteriorate the natural supply of spring-water at present enjoyed
by the said inhabitants, and it is expedient to guard against the
inconvenience so apprehended; BE it therefore Enacted, That
the said Company shall erect and make, and for ever hereafter
maintain all such reservoirs, pumps, tanks, engines, pipes and
other works as shall be requisite for preserving and supplying to
the inhabitants of the said parish of Saltford as good and conti¬
nual a supply of spring-water, both in quality and quantity, and
in as convenient situations as they now enjoy ; and if at any time
hereafter the said supply of spring-water shall be cut off impeded
or in any manner deteriorated by reason of the construction of
the said Railway, or any of the works connected therewith, and
if the said Railway Company from time to time, after Twenty
6. l .days'
t 42 )
For the pro¬
tection of
watercourses
in the
parishes of
Lyncombe
and Wid-
combe or
Bathwick.
days' notice thereof to be given to them, signed by Six at least of
the householders of the parish of Snltj'ord aforesaid, shall neglect
or refuse to reinstate the said supply in as good and ample a man¬
ner as it was enjoyed before the construction of the said Railway
or any of the said works, it shall and may be lawful for the said
inhabitants, or any of them, to erect such works as may be neces¬
sary for re-obtaining and maintaining such supply, and all the
expences to be incurred in so doing shall be borne and paid by
the said Railway Company, and shall and may be recovered
against them by action at law, with treble costs of suit, in any of
His Majesty's courts of record at Westminster ; Provided always,
that if the supply of spring-water to the inhabitants of the said
parish of Saltford shall be cut off diminished or deteriorated from
any cause other than the construction of the said Railway, or any
of the works connected therewith, then the said Company shall
not be liable to reinstate such supply, or to make good any of the
damage or inconvenience that may be occasioned by or arise from
the said supply of spring-water being so cut off, diminished or
deteriorated during such time and so long as such supply shall
continue to be cut off diminished or deteriorated by reason or
means of any cause other than the construction of the said Rail¬
way, or any of the works connected therewith, anything herein
contained to the contrary thereof notwithstanding.
Provided always, and be it further Enacted, That nothing
herein contained shall extend to authorize or empower the said
Company, their agents servants or workmen, in the execution of
any works by this Act authorized to be made, at any time to
drain divert or otherwise intermeddle with any springs, streams,
watercourses, mains, pipes, reservoirs or cisterns of water, in the
parishes of Lyncombe and Widcombe or Bathzeick, in the county
of Somerset, claimed to belong to the mayor aldermen and
citizens of the city of Bath, further than may be abolutely
requisite and necessary for the purpose of enabling the said
Railway Company to carry into effect the provisions of this Act;
and in case of any such springs, streams, watercourses, mains,
pipes, reservoirs or cisterns of water being so drained diverted or
otherwise intermeddled with by the said Company at any time,
in the execution of the powers of this Act, to the prejudice or
injury of the said mayor aldermen and citizens, then and in
every such case, and so often as the same shall happen, the said
Railway Company shall indemnify and reimburse the said mayor
aldermen and citizens for any damage loss or injury sustained
by them as aforesaid, to be recovered, with full costs of suit, by
action
( 43 )
action of debt or on the case, in any of His Majesty's courts of
record at Westminster.
Provided always, and be it further Enacted, That nothing in Limiting the
this Act contained shall extend or be construed to extend to {^er,^d
permit or authorize the said Company, their agents or workmen, belonging to
or any other person, to construct or make any station, wharf,
yard, waiting, loading or unloading place, or to place any ton^Esqufre.
stationary engine in or upon any of the lands or grounds claimed
to be the property of William Gore Langton, Esquire, in the
several parishes of Newton and Corston, in the county of Somerset,
or either of them, or to authorize or empower the said Company,
their agents or workmen, or any other person, to alter or vary
the line of the said Railway through or over the said last-men¬
tioned lands or grounds beyond the extent of ten yards from the
line laid down in the maps or plans deposited with the clerks of
the peace for the several counties and cities in or through which
the said Railway is intended to pass, without the consent in
writing of the said William Gore Langton, his heirs or assigns,
for that purpose first had and obtained, or to authorize or
empower the said Company, their agents or workmen, to take or
use any part of the said last-mentioned lands, except such part
thereof as they are by this Act empowered and authorized to
take, for the actual line of the Railway and the embankments
necessary to support the same, or to authorize or empower the
said Company, their agents or workmen, or any other person, to
dig take or use any gravel from the said last-mentioned lands or
grounds, or to work or to manufacture thereon or on any part
thereof any earth, stone, rubbish, trees, gravel, sand or other
materials or things without such consent as aforesaid ; and that
nothing in this Act contained shall give or convey to the said
Company, or any person claiming under them, any right or
interest whatsoever in the surface of any land or grounds of the
said William Gore Langton under which any tunnel shall or may
be made in the execution of the powers of this Act, except so far
as shall be necessary for making two shafts, if the same shall be
deemed expedient.
AND whereas the said Railway is intended to be carried un- Directing
der and across or over certain roads maintained and kept in how certain
repair, under and by virtue of an Act passed in the Tenth year ^b^exe-
of the reign of his late Majesty King George the Fourth, intitu- cuted con-
led, " An Act for amending and otherwise improving several "jjgKyaVj9th
Roads leading into and from the City of Bath, and for making
new
( 4d )
new Branches of Road to and from the same," by means of a
tunnel and bridges, in the several places and situations described
on the several maps or plans hereinbefore stated, to be deposited
at the oflice of the respective clerks of the peace of the counties
through which the said Railway is intended to pass : BE it there¬
fore further Enacted, That where a tunnel is proposed to be
made under one of the said roads, called or known by the name
of The Lower Bristol Turnpike Road, near the Cross Post gate,
the present level of the said road shall not be altered without
the consent of the trustees for executing the said Act, which
trustees are called and known by the name of The Trustees of
the Bath Roads ; and when such tunnel is completed, there shall
be, if required by the said trustees of the Bath roads, One foot
and Six inches clear between the top of the masonry of such
tunnel and ihe surface of the said road ; that the said Company
shall and they are hereby required, at their own costs, in the
parish of Twerton aforesaid, to set out make and complete a di¬
version or new line of road, of not less than Forty feet wide,
including a footpath of the width of Five feet, with proper bounds
and fences to the same, from and out of the present turnpike
road, on the north side of the line of the proposed Railway, as
laid down and described in the said maps or plans, commencing
at or near the point where the line of the said Railway is pro¬
posed to cross the said turnpike road at the west end of the
village of Twerton aforesaid, and terminating in the said road at
or near the point where the line of the said Railway is proposed
to cross the said road at the east end of Twerton aforesaid, which
said diversion of road shall be so set out made and completed
for the purpose of keeping the said diversion out of the reach of
floods, so that no part of the same shall be lower than a straight
line drawn from the commencement to the termination of such
diversion; and the rise on any part of the said road shall not be
more than Three-quarters of an inch in a yard ; and where the
said diversion shall unite with the present road on the eastward
side thereof, there shall be a good and sufficient turning for
coaches waggons and other carriages, and which said diversion
of road, when the same shall be so set out made and completed,
shall be repaired and maintained by the said trustees of the Bath
roads, and from thenceforth and when and as soon as a conve¬
nient road from the present road communicating with such new
intended road, near a certain factory in the parish of Twerton
aforesaid, in the occupation of Charles ffilkins, shall be com¬
pleted, to the satisfaction of the trustees of the said Bath roads,
and open for public use, so much of the said present turnpike
road
( 4.5 )
road as extends from the entrance to a certain road leading there¬
out to Newton Saint hoe, to the point where the present road
and the road to be so made by the said Company shall unite,
and which portion will be rendered useless as a public road, shall
be vested in the owners of the adjoining lands in the proportions
following ; (that is to say), one half in the owner of the adjoining
land on one side thereof, and the other half in the owner of the
adjoining land on the other side thereof; and the said Company
shall and they are hereby also required to make and provide two
sufficient and convenient arches to communicate between the
said diversion and the said present road, one of such arches
to be situate at the east end of such diversion of road, and
the other of such arches on the eastward side of a certain
factory in the parish of Twerton aforesaid, in the occupation of
Charles Wilkins, called the Lower Factory, for the accommoda¬
tion of the inhabitants of Twerton ; that where the said Railway
is intended to cross one other of the said roads at Holloway
aforesaid, the said Company shall and they are hereby required
to build a good firm and substantial bridge of brick stone or
iron, or other durable materials, over such road, of not less than
Twenty feet wide in the clear between the piers thereof, and not
less than Seventeen feet high from the level of the road to the
crown of the arch, for Five feet on each side of the centre of the
same, with Two separate arches of Five feet wide for the use of
foot passengers adjoining the same, such separate arches to be
so constructed that sufficient light may be admitted to the same
from the principal arch formed by the said bridge; that where
the said Railway is intended to cross one other of the said roads,
called or known by the name of the London Road, at Rathford
aforesaid, at or near a certain house late in the occupation of
Roger Western, and the corner of an orchard and field in the
occupation of John Briscoe, the bridge over the said road on
which the said Railway is to be placed shall not be less than
Twenty-four feet wide in the clear between the piers thereof, and
not less than Seventeen feet high from the level of the road to
the crown of the arch, for Five feet on each side of the centre of
the same, with an arch for foot passengers of Five feet wide
on the west side thereof, and also one on the east side thereof,
if the width of the road will admit of one, such separate arch or
arches to be so constructed that sufficient light may be admitted
to the same from the principal arch formed by the said bridge;
that where the said Radway is intended to cross one other of the
said roads, called or known by the name of the Box Road, about
Four hundred and Eighteen yards on the westward side of a cer-
6. M tain
( 46 )
tain lodge at Shockerwick, in the occupation of John Wiltshire,
esquire, the bridge over the said road, shall not be less than
Twenty-four feet wide in the clear between the piers thereof,
and not less than Seventeen feet high from the level of the road
to the crown of the arch, for Five feet on each side of the centre
of the same, with an arch for foot passengers of Five feet wide
on the north side thereof, and also a similar one on the south
side thereof, such arches to be so constructed that sufficient light
may be admitted to the same from the principal arch formed by
the said bridge; that the said Company shall and they are hereby
required, at their own costs, to set out make and complete a di¬
version or new line of road in the said parish of Box, of similar
width to the present turnpike road, with proper bounds and fences
to the same, commencing at the point where the line of the said
Railway is proposed to cross the said turnpike road on the east
side of the said lodge, and terminating at the point where the
said line of Railway is next proposed to cross the said turnpike
road within the said parish, which said diversion or new line of
road, when set out made and completed, shall be repaired and
maintained by the said trustees of the Bath roads ; that at the
point of deviation and communication in the said last-mentioned,
road with the road leading to Ashley, the arch to be there
erected shall not be less than Twenty feet wide in the clear be¬
tween the piers thereof, and not less than Sixteen feet high from
the level of the road to the centre of the arch, with an arch for
foot passengers of Five feet wide adjoining the same, such arch
to be so constructed that sufficient light may be admitted to the
same from the principal arch ; that where the said Railway is
intended to cross the said road to the westward of a certain lane
leading to Middle Hill, in case the said Company shall be de¬
sirous of and shall determine to cross the said road on its present
level, the said Company shall and they are hereby required, at
their own costs, to form and carry such turnpike road of its pre¬
sent width over the said Railway, so and in such manner that
the ascent thereof to the summit of such Railway arch on the
westward side thereof shall not exceed One inch in a yard, and
on the eastward side thereof the turnpike road shall be raised to
the level of the summit of the Railway arch, and such level con¬
tinued until it reaches the hill at the western entrance to Box ;
but in case the said Company shall be desirous of and shall de¬
termine to cross the said road by means of a bridge to be built
over the said road, then and in such case the said Company
shall and they are hereby required to build a good firm and
substantial bridge of brick stone or iron, or other durable ma-
6. te rials,
( 47 )
terials, over such road, of nol less than Twenty-four feet wide in
the clear between the piers thereof, and not less than Seventeen
feet high from the level of the road to the crown of the arch, for
Five feet on each side of the centre of the same, with an arch for
foot passengers of Five feet wide on the north side thereof, and'
also a similar one on the south side thereof, such arches to be
so constructed that sufficient light may be admitted to the same
from the principal arch formed by the said bridge: Provided
always, that on so much of the said Railway as will be situate in
a parallel line with the said diversion or new line of road herein¬
before directed to be set out and made in the said parish of
Twtrton there shall be a parapet wall, of not less height than
Four feet and Six inches above the said Railway, and the height
of which wall above the said road shall not be less than Eighteen
feet and Six inches.
And be it further Enacted, That the said Company shall and Regulations
they are hereby required, at their own expence, to do and per-
form and for ever to continue all such acts and things in the way where same
of lighting in and about the several arches of the bridges here- crosses Bath,
inbefore particularly mentioned and described to be erected over roa s'
the said roads under the care and management of the said
trustees of the Bath roads, as shall by the said trustees of the
said Bath roads be deemed necessary, and be required to be
done for the public safety by the said Company.
Provided always, and be it further Enacted, That where any Levels of the
bridge shall be erected over any of the said roads under the Bath roads
care and management of the said trustees of the said Bath aUered^with-
roads, the level of such roads shall not be altered without the out the con-
consent of the said trustees; and the bridges hereby required to sent of the
be constructed over the said roads respectively, and all works be¬
longing to such bridges respectively, and any temporary substi¬
tuted roads which during the construction of such bridges it may
be necessary for the said Company to construct, under the provi¬
sions for that purpose herein contained, as well as such deviations
of road aforesaid, shall be constructed and made and formed
under the direction and superintendence from time to time of the
general surveyor for the time being to the said trustees, and that
the plans and designs for the said bridges and the works belong¬
ing thereto shall be determined and approved of by the said
trustees or their general surveyor for the time being.
Provided
( 48 )
Company Provided also, and be it farther Enacted, That during the
repairtfie construction of the said bridges over the said roads under the
bridges eon- care and management of the said trustees of the said Bath
theBath"11 roads, and the works connected therewith, and after the said
roads. bridges and the said works shall have been constructed pursuant
to the directions herein contained, the said Company shall and
they are hereby required at all times to keep the said bridges
and works in good and complete repair, and also the fences on
each side of the said diversions in the said roads hereinbefore
directed to be made, for the space of Five years after the said
diversions shall be completed, to the satisfaction of the general
surveyor for the time being to the trustees of the said Bath
roads; and in case of any want of repair to the said bridges and
other works, or in the said fences, during the period aforesaid, or
any of them, and notice thereof be given to the said Company
by or on behalf of the said trustees of the said Bath roads, if the
said Company shall not for the space of Seven days after the
service of such notice commence such repair and proceed therein
with all reasonable expedition until the same shall have been
completed, it shall be lawful for the said trustees to proceed to
repair and make good the same, causing as little obstruction to
the said Railway in the progress of such repairs as may be, and
all the costs charges and expences incurred by the said trustees
shall be paid on demand by the said Company, or in failure of
payment for Twenty-one days after such demand, the same may
be recovered by the said trustees from the said Company, with
full costs of suit, by action of debt or on the case, in any of His
Majesty's courts of record at Westminster.
Directing AND whereas the said Railway is intended to be carried under
ii°vvithe ■ 01 over **ie and Berks Canal, or the North Wilts branch
to be carried thereof, maintained and supported under and by virtue of an Act
across the passed in the Second year of the reign of His late Majesty King
Berks Canal. George the Fourth, intituled, "An Act for incorporating the
Company of Proprietors of the North Wilts Canal Navigation with
the Company of Proprietors of the Wilts and Berks Canal Naviga¬
tion, and for repealing the several Acts passed for making and
maintaining the said Canals, and for consolidating the Powers and
Provisions thereof in one Act of Parliament," at Six different
places in the counties of J kilts and Berks ; BE it therefore
Enacted, That nothing in this Act contained shall diminish, alter,
prejudice, affect or take away any of the rights, privileges,
powers or authorities vested in the company of proprietors of
the said Wilts and Berks Canal, nor empower the said Railway
( 49 )
Company to render the depth of any of the pounds of the said
canal less than Four feet Six inches from the top water-level,
nor divert the course of the said H ilts and Berks Canal, unless
with the consent of the Proprietors thereof, but that in the
several cases wherein the said Kailway shall be carried under the
said canal a good and sufficient aqueduct shall he built of iron
stone or brick, and the waterway thereof shall not be less than
Twelve feet, and the towing-path not less in width than Seven
feet, and that in the several cases where the said Railway is
carried over the said canal a good and sufficient viaduct shall be
built of iron stone or brick, and every such viaduct shall have
a clear and uniform opening of not less than Twelve feet for the
waterway and Seven feet for the towing-path under the same,
and the height of the soffit of the arch in the centre thereof shall
be at least Ten feet, and no part of the arch over the towing-palh
shall be less than Eight feet above the top water-level of the said
canal, and the said towing-path shall be two feet above the said
level, and the navigation of the said canal shall not be impeded
during the construction of any such aqueduct or viaduct, or at
any future time, by reason thereof, any further or otherwise than
may be unavoidably necessary in constructing the same and
doing the necessary repairs thereto, and the said Railway Com¬
pany shall at their own expence, at all times when requisite, main¬
tain the said aqueducts and viaducts, with their respective wing-
walls, parapets, towing-paths and appurtenances, and every work
connected therewith necessary for the free and unobstructed
navigation of the said Wilts and Berks Canal, in good and perfect
order repair and condition, to the satisfaction of the principal
engineer for the time being of the said Wilts and Berks Canal
Company, subject to reference as is hereinafter provided.
AND whereas during the construction of the said Railway Compensa-
a temporary interruption may be occasioned to the trade and tion t0 be
navigation of the said Canal; BE it therefore further Enacted, pfngtheSt°P
That as often as the free navigation of the said canal is navigation
obstructed during the execution of any of the works authorized ofiheCauaI
by this Act, or during the repairs of the same, or by reason of
the bad state of repair of any such works, or by any act or
omission of the said Railway Company, or any of their agents
servants or workmen, so that boats or other vessels may be
prevented from navigating or using the said canal, then and in
any of the said cases the said Railway Company shall pay to
the said Wilts and Berks Canal Company, as or by way of ascer¬
tained damages, the sum of Fifty pounds per diem for every
6. N working
( 50 )
working day, and in the same proportion for any fractional part
of the day, during which such obstruction shall continue; and
in case any or either of the aqueducts viaducts or other works
of the said Railway, which shall in any way or manner he con¬
nected with any crossing of the said Wilts and Berks Canal,
shall at any time or times be in want of repair, and owing to
such want of repair shall cause any obstruction to or impede the
navigation of such canal, and notice thereof being given by the
clerk or superintendent of the said Canal Company to the
secretary or engineer for the time being of the said Railway
Company, the said Railway Company shall not for the space of
Three clear days after such notice commence such repairs, and
proceed therein with all reasonable expedition until the same shall
be completed, it shall be lawful for the said Wilts and Berks
Canal Company from time to time to make and do all such
repairs to such aqueducts viaducts or other works as may be
necessary, and all the expences thereof shall be repaid by the said
Railway Company to the said Wilts and Berks Canal Company.
Directing And be it further Enacted, That in default of payment on
how the ^ demand made of the treasurer or other officer for the time being
recovered! °f the said Railway Company, by the clerk or superintendent of
the said Wilts and Berks Canal Company, either of the said
compensation for damages or such expences of repairs to be
respectively paid to the said last-mentioned Company as afore¬
said, as the case may be, the said Wilts and Berks Canal Com¬
pany shall and may sue for and recover the same against the
said Railway Company, by action of debt or on the case in any
of His Majesty's courts of record at Westminster.
Bridges over And be it further Enacted, That before the said Railway
the Canal to Company shall erect any bridge or viaduct over, or construct
structed as aiW aqueduct under the said Wilts and Berks Canal, or any
directed by branch thereof, the form and dimensions of such bridge viaduct
o^the^two^8 01 aqueduct, ^ not previously agreed upon or consented to by
Companies, the said Canal Company, shall be referred, at the expence of the
said Railway Company, to the decision of two engineers, one to
be appointed by the said Railway Company and the other by
the said Canal Company ; and if such engineers shall not agree
in the premises, the matters in dispute shall be referred to a
third engineer, at the expence of the said Railway Company, to
be named as umpire by the said two engineers, and the decision
of such umpire shall be final, and the said Railway Company
shall have power only to construct every such bridge viaduct or
6. aqueduct
( 51 )
aqueduct according to the specifications of the said two en¬
gineers, in case they shall agree on the same, or of the said
umpire, in case they shall not agree : Provided always, that if
the said Canal Company refuse or for the space of One calendar
month next after notice signed by the clerk or secretary for the
time being of the said Railway Company, and left with the
clerk or superintendent of the said Canal Company, or at his
usual place of abode, requiring them so to do, shall neglect to
nominate an engineer on their behalf, the said Railway Company
shall have full power to construct the said bridge viaduct or
aqueduct according to the plans of their engineer for the time
being; provided also, that in case any engineer appointed by
the said Canal Company shall die or become incapable of acting,
or shall refuse, or for the space of one calendar month after his
appointment shall neglect to act, then and in either of the said
cases the said Canal Company shall have power to appoint, at
the expence of the said Railway Company, another engineer in
his stead, within Ten days after notice given in manner herein¬
before mentioned, requiring them so to do ; and in default of
such appointment the said Railway Company may construct
such bridge viaduct or aqueduct in like manner as though no
original appointment of an engineer had been made by the said
Canal Company ; provided also, that if the engineers appointed
as arbitrators by the said Canal Company, and by the said
Railway Company respectively, shall have named an umpire, and
either of such arbitrators shall subsequently cease to act, all
matters remaining unsettled may be settled and determined, at
the expence of the said Railway Company, by the arbitrator who
shall continue to act, and by the said umpire, and the specifica¬
tion of the said bridge viaduct or aqueduct made by such arbi¬
trator and umpire shall be binding: Provided always, that the
award of the said two engineers respectively appointed as arbi¬
trators, or of their umpire (as the case may be), shall be made
within Three calendar months from the date of the appointment
of the said two engineers as arbitrators, and in default thereof
the said Railway Company shall have full power to proceed with
their works in the same manner as is hereinbefore mentioned in
the case of refusal or neglect by the said Canal Company to
appoint an arbitrator; provided further, that whenever it may
become necessary for the said Railway Company, either for the
construction of any of the works authorized by this Act or for
the subsequent repair of the same, to cause a stoppage of the
said JVilts and Berks Canal, then and in every such case the
secretary or engineer of the said Railway Company shall give
Seven
( o2 )
Seven clear days notice in writing to the clerk or superintenden
of the said Canal Company of the time when such stoppage is to
begin, so that no doubt or question may arise as to the com¬
mencement of the interruption to the navigation of the said
Canal.
r^hu^fthe AND whereas the said Railway is intended to be carried over
Grand June- the Grand Junction Canal and the navigable cut therefrom to
tion Canal Paddington, belonging to the Company of Proprietors of the
Company, Qran(i Junction Canal, and also to be carried near to the
aqueducts, embankments, bridges and other works thereof, in
the parishes of Hillingdon, Hayes and Acton, all in the county
of Middlesex, and it is expedient to provide against injury or ob¬
struction being occasioned by means of the said Railway to the
said canal and navigable cut, or either of them, or any part thereof
respectively; BE it therefore Enacted, That nothing in this Act
contained shall diminish, alter, prejudice, affect or take away any
of the rights, privileges, powers or authorities vested in the said
Company of Proprietors of the Grand Junction Canal, or autho¬
rize or empower the said Railway Company to alter the line or
level of the said canal or cut therefrom, or of the towing and
footpaths thereto, or of either or any of them, or any part thereof,
or in any manner to obstruct or impede the navigation of the
said canal or cut therefrom, or any part thereof, or to divert,
intercept, cut off, take, use or diminish any of the waters therein,
or which may be taken for the use of, or which supply the said
canal or cut therefrom, or to interfere with or injure any of the
works of the said canal or cut therefrom, or to take or use any
of the lands or buildings belonging to the said Grand Junction
Canal Company, except for making the said Railway as herein¬
after expressly provided; and that it shall not be lawful for the
said Railway Company to make any deviation from the course
or direction of the said Railway as delineated in the maps or
plans of the said Railway deposited with the clerk of the peace
for the County of Middlesex, by which deviation any of the
locks, sideponds, towing-paths, bridges, houses, lockhouses, lands,
banks or feeders, or any other works of and belonging to the said
Grand Junction Canal Company, or any of them, or any part
thereof respectively, shall be taken, used or damaged, without
the consent of the said Grand Junction Canal Company in
writing under their common seal first had and obtained.
Directing And be it further enacted, That in carrying the said Railway
how certain Qver saj(] Qrand Junction Canal and navigable cut therefrom
bridges are ®
to
( 33 )
to Paddington, the said Railway Company shall and they are t0 beerected
hereby required, at their own expence, to make and at all times Grand Junc-
for ever thereafter to maintain and keep in perfect repair good tion Canal,
and substantial brick stone or cast-iron bridges over the said canal
and cut and the towing-paths thereof, with proper approaches to
each such bridge, and the soffit of each such bridge shall be at
least Ten feet above the respective top-water levels of the said
canal and cut, and no part of the arch over the towing-path shall
be less than Eight feet above the said top-water levels respec¬
tively ; and each such bridge shall be of such width and curve
as shall leave a clear uniform and uninterrupted opening, mea¬
sured in a direct line, of not less than Twenty-two feet for the
water-way, and Eight feet for the towing-path under each such
bridge: and the said Railway Company shall and they are hereby
required, during the progress of constructing each such bridge
over the said Grand Junction Canal and cut therefrom, and of
the necessary repairs or renewal thereof, from time to time and
at all times to leave an open and uninterrupted navigable water¬
way in the said canal and cut of not less than Sixteen feet in
width during the time of constructing and putting in the foun¬
dation walls of the abutments of each of the said bridges, and the
new towing-path along the same, up to One foot above the respec¬
tive top-water levels of the said canal and cut, and which time
shall not exceed Twenty-eight days, nor shall less than Twenty-
two feet for the said water-way and Eight feet for the said towing-
path be left during the remainder of the period of construct¬
ing or repairing or renewing each such bridge, and that the
present towing-path shall remain undisturbed until the new
towing-path wall shall be erected and the ground made good and
properly gravelled and open for the free passage of horses under
each such bridge, and that the said several bridges and works
shall be constructed and maintained to the satisfaction of the
principal engineer for the time being of the said Grand Junction
Canal Company.
Provided always, and be it further Enacted, That in case the jn case
said Grand Junction Canal Company shall at any time hereafter double tow-
make the double towing-path along the said navigable cut to
Paddington (the land for which purpose hath been purchased by Paddington,
the said Company) then the said Railway Company shall and ^<>mp»ny to
they are hereby required to make -or-suffer to be made, at their same to pass
expence, a proper and sufficient towing-path within the arch of through their
each of the bridges over the said navigable cut, or by an arch of ljlK,ges'
Six feet in width and Eight feet in height, above the top-water
6. o level
( 54 )
level of the said cut to be made under the said Railway, as may
he deemed most expedient by the said Grand Junction Canal
Company, for the purpose of continuing the line of the said
double towing-path.
Company to And be it further Enacted, That the said Railway Company
form and shall and they are hereby required, at their own costs and
maintain an J. id-r i ■
arch across charges, to make and at all times tor ever therealterto maintain
Yeadmg anc| keep in good and substantial order and repair one arch of
the width of Twenty-two feet and of the height of Fifteen feet in
the embankment proposed to be formed across the Vending
Brook, otherwise called Bullsbridge Brook or Crane Brook, in the
parish of Hayes.
Compcnsa- And be it further Enacted, That if by reason of any accident,
tmn to be or jn execution 0f any Qf the works by this Act authorized to
made to J J „
Grand June- be made, or by reason of the bad state of repair of any such
tion Canal works, or of any bridge over the said Grand Junction Canal and
it'passage on cut therefrom, or of any of the slopes banks or walls of the said
their canal Railway near the said canal or cut therefrom, it shall happen that
is impeded. the said canal or cut, or the towing or footpaths thereof, or any
part thereof, shall be so obstructed that boats barges or other
vessels navigating or using the said canal or cut shall he impeded
in their passage, or shall not be able at all times freely and unin¬
terruptedly to pass along the same, then and in every such case
the said Railway Company shall pay to the said Grand Junction
Canal Company, as or by w ay of ascertained damages, the sum of
Ten pounds for every hour during which such impediment or
obstruction shall continue, and so in proportion for any less time
than One hour during which any such impediment or obstruction
shall continue : Provided always, that if such obstruction shall
continue beyond Seventy-two consecutive hours, or shall have
been occasioned by any wilful act on the part of the servants of
or persons employed by the said Railway Company, then and in
every such case the said Railway Company shall pay to the said
Grand Junction Canal Company the sum of Twenty pounds for
every hour during which the obstruction shall continue, as or by
way of ascertained damages ; and in default of payment of the
said sum or sums (as the case may be), on demand made on the
treasurer or any officer of the Railway Company, the said Grand
Junction Canal Company may sue for and recover the same,
together with full costs of suit, against the said Railw ay Company,
by action of debt or on the case in any of His Majesty's courts
of record at Westminster; and in case the bridges or arches to
o. be
( 55 )
be erected for the said Railway over the said Grand Junction
Canal and cut therefrom, or over the said Vending Brook, or the
approaches side slopes or banks of the said Railway near the said
canal and cut, or any of them or any part thereof, shall not be
kept in good repair, it shall be lawful for the said Grand Junction
Canal Company to do the needful repairs, and to recover the
amount of the expences from the said Railway Company, by
action of debt or on the case, with full costs of suit, in any of His
Majesty's courts of record at Westminster; provided also, that
nothing herein contained shall extend to prevent the said Grand
Junction Canal Company from recovering against the said Railway
Company any special damage that may be sustained by them on
account of the acts or defaults of the said Railway Company, in
respect of which the said penalties are imposed beyond the
amount of such penalty or penalties, and they are hereby autho¬
rized to sue for and recover such special damage accordingly;
but in every case where the penalty or penalties hereinbefore
imposed shall have been paid bv the said Railway Company,
and any action for special damage shall be brought as above-
mentioned, then the said penalty or penalties so paid shall be
deemed and considered as payments on account of such special
damage, and credit shall be given by the court before whom
such action shall be tried for any sum or sums of money so paid
by the said Railway Company, and the same shall be deducted
from the amount of damages to be recovered by the said Grand
Junction Canal Company ; and in case the amount of damages
recovered shall not exceed the sum or sums so paid, then and in
such case judgment shall be given for the said Railway Company,
and no action shall be maintainable by the said Grand Junction
Canal Company against the said Railway Company for the re¬
covery of any penalty or penalties after judgment shall have been
obtained by them for any special damage in respect of the act
or acts for which such penalty or penalties would have been
recoverable.
AND whereas it is intended that the said Railway shall be car- Regulating
ried over the road leading from London to Southall, in the county the constiuc-
of Middlesex, and which road is under the charge of the Com- bridges over
missioners of the Metropolis Turnpike Roads,north of th eThames, the Metm-
bv means of a bridge to be erected by the said Company for Polisroad,
^ o «/ ^ a %j liBrGin
that purpose ; BE it therefore Enacted, That the said Company described,
shall and they are hereby authorized and required to construct,
at their own expence, a good and sufficient bridge, with proper
walls and approaches thereto, for carrying the said Railway over
the
( 56 )
The works
connected
with the
alteration of
the road
from London
to Southall
to be per¬
formed by
theSurveyor-
general to
the Commis¬
sioners of the
Metropolis
roads, but at
the expence
of the Com¬
pany.
the said road from London to Southall at the place where the
said Railway (as delineated in the plan thereof deposited with
the clerk of the peace for the county of Middlesex) crosses the
said road, and that such bridge shall be so constructed as to leave
beneath the arch thereof a clear width of carriageway of not less
than Forty feet, together with an additional clear width of foot¬
way on each side of the said carriageway of not less than Ten
feet each, and that the height of the arch or opening of the said
bridge from the surface of the said road shall be at the springing
of such arch not less than Eighteen feet, and at the soffit of such
arch not less than Two feet above such springing.
AND whereas for the purpose aforesaid it will be necessary to
alter the present level of the said road, and it has been agreed
that such alteration shall be made under the superintendence of
the surveyor-general for the time being of the said Commis¬
sioners, in manner hereinafter-mentioned, and at the expence of
the said Company ; BE it therefore Enacted, That at the point
where the said Railway shall be carried across the said turnpike
road the surface level of the said road shall be lowered to
a depth of not more than Ten feet, and shall be carried thence
by a regular and constant inclination to the eastward and to the
westward for a distance of not less than Fourteen chains each
way until it shall meet with the corresponding level on the exist¬
ing surface of the said road ; all which alterations, as well as all
drains, sewers, cesspools, water channels or other works or con¬
veniences, whether permanent or temporary, whicli may be
deemed necessary by the Commissioners of the said roads, or
their surveyor, for effecting such alterations or for the preser¬
vation of the said road, shall be constructed under the superin¬
tendence and direction of the said surveyor, but at the costs and
charges in all things of the said Company ; and in case of non¬
payment of the expences thereby incurred for the space of
Twenty-one days after demand, the same may be recovered
against the said Company by the Commissioners of the said
roads, together with full costs of suit, by action of debt or on
the case, in any of His Majesty's courts of record at West¬
minster.
Regulations And be it further Enacted, That the said Company shall and
and'watehhig they are hereby required, at their own expence, to do and perform
Railway and for ever to continue all such acts and things in the way of
misses*3™6 watching and lighting and other precautionary measures upon
Metropolis and about the said bridge of the said Railway, by which the
same
roads
( 57 )
same shall be carried over the said portion of the Metropolis
roads, as shall by the surveyor-general for the time being to the
said Commissioners be deemed necessary, and required to be
done by the said Company, for the public safety convenience
and protection of the said Metropolis roads, by reason of the
construction and using of the said Railway.
Provided always, and be it further Enacted, That the bridge All works
hereby required to be constructed over the said Metropolis connected
roads, and all approaches walls and other works belonging to Metropolis
such bridge, and any temporary substituted road which during roads to be
the construction of such bridge it may be necessary for the said
Company to construct, under the provisions for that purpose superintend-
contained in this Act, and the depth and strength of materials ®nce of tbe
of such road, and also all repairs and renewals of the said bridge general to
which shall hereafter be made by the said Company, shall be theCommis-
constructed and made and formed under the direction and sloners'
superintendence from time to time of the surveyor-general for
the time being to the Commissioners of the Metropolis roads;
and that the plan and design for the said bridge and the works
belonging thereto, and which shall be as ornamental as shall be
consistent with the nature and situation of the work, and that
the materials whereof the same shall be constructed, shall be
determined and approved of by the said surveyor-general for
the time being ; and previously to the commencement of the
said bridge and other works, plans sections and specifications
thereof, to be made at the expence of the said Company, shall
be submitted to and approved of by the said surveyor-general
for the time being; and in case in the construction of the said
bridge the said Company shall do or cause any injury or
damage to the said Metropolis roads, and shall not forthwith
proceed to repair and make good such injury or damage to the
satisfaction of the surveyor-general to the said Commissioners of
the Metropolis roads, or if by reason of the construction of any
of the works hereby authorized or required to be constructed by
the said Company any alteration of the Metropolis roads, or
any of them, or of the drains or sewers under the same, shall in
the judgment of the said surveyor for the time being be ren¬
dered necessary, then and in any of such cases it shall be
lawful for the said surveyor-general to cause all such repairs and
alterations to be made as he in his discretion shall think fit, and
all costs and expenees of such repairs and alterations shall be
paid, on demand, by the said Company, or in default of payment
for Twenty-one days after such demand, may be recovered by
6. p the
( .58 )
Company
not to de¬
viate from
the line, so
far as affects
the Metro¬
polis roads,
without con¬
sent of Sur¬
veyor-gene¬
ral.
the said Commissioners of the Metropolis roads from the said
Company, with full costs of suit, bv action of debt or on the
case, in any of His Majesty's courts of record at Westminster.
Provided also, and be it further Enacted, That the said
Company in constructing their said Railway, so far as the same
shall be connected with the said Metropolis roads, shall not
deviate from the line delineated in the said plan deposited with
the clerk of the peace for the county of Middlessex, nor shall
the bridge hereby authorized and required to be made over the
said portion of the Metropolis roads be made at any other place
than the place marked out for that purpose in the said plan,
without the consent in writing of the surveyor-general to the
Commissioners of the Metropolis roads for any of the purposes
aforesaid first had and obtained.
Communica¬
tion with the
London and
Birmingham
Railway to
be made
under the
direction of
their en¬
gineer.
AND whereas it is intended that the said Railway hereby
authorized to be made, shall communicate with the London and
Birmingham Railway; BE it therefore Enacted, That all com¬
munications between the said Railway hereby authorized to be
made and the London and Birmingham Railway, and all such
openings in the ledges or flanches of the said London and
Birmingham Railway as may be necessary or convenient for
effecting such communication, shall be made under the direction
and superintendence of the engineer for the time being of the
London and Birmingham Railway Company.
Railway not And be it further Enacted, That the said Railway hereby
London ami authorized to be made, or any branch therefrom, or any other
Birmingham railway or other road to be hereafter made by virtue of this
a^leveT^°" ■^ct' wh',ch shall or shall be intended to cross or intersect the
London and Birmingham Railway, except only for the purpose of
communicating therewith, shall not be made or laid down on the
level of the said London and Birmingham Railway, but in all
cases the same shall be made and carried either over by means
of a bridge, or beneath by means of a tunnel or arch, and such
bridge, tunnel or arch shall be built and constructed under the
direction and superintendence of the engineer for the time being
of the said London and Birmingham Railway, and so as not to
injure the said London and Birmingham Railway, or obstruct or
hinder the free passage over upon or along the same.
Not to take Provided always, and be it further Enacted, That nothing in
iriTerfcrewlth ^ct containec' shall extend, or be deemed or construed to
6. extend,
( 59 )
extend, to authorize or enable the said Great W estern Railway tie works of
Company in making; and constructing; or maintaining; the said the London
i. j o o o and liirminsr-
Railway to take or enter upon any of the lands or grounds ham Railway
belonging to the London and Birmingham Railway Company, or Company
to alter vary or interfere with the said London and Birmingham ^'nt10U c°n"
Railway, or any of the works thereof, further or otherwise than is
hereby expressly authorized, without the consent in writing of
the said London and Birmingham Railway Company in every
instance for that purpose first had and obtained.
Provided always, and be it further Enacted, That nothing in Saving the
this Act contained shall extend to prejudice, diminish, alter or pghts of the
, r t . , . . ,r J , . . London and
take away any or the rights, privileges, powers or authorities Birmingham
vested in the London and Birmingham Railway Company, Railway
established and incorporated by an Act passed in the Third year ComPany*
of the reign of His present Majesty King William the Fourth,
intituled, " An Act for making a Railway from London to Bir¬
mingham," but saving and reserving to the said London and
Birmingham Railway Company all the rights privileges and
franchises of the said Company, and also saving and reserving all
such powers, authorities and provisions in the said Act contained,
as if this Act had not been passed.
And be it further Enacted, That the said Company in making Company
the said Railway and other Works by this Act authorized shall empowered
have full power and authority to deviate from the line delineated f^ni plan
on the maps or plans so deposited with the clerks of the peace to an extent
as hereinbefore mentioned, with such deviation in the section as On^hundred
may be necessary in consequence thereof: Provided always, that yarcis.
no such deviation shall extend to a greater distance than One
hundred yards, and in passing through any city or town such
deviation shall not extend to a greater distance than Ten yards,
from the line so delineated upon the said plans, nor shall such
deviation extend into the lands or property of any person whose
name is not mentioned in the said book of reference, without the
previous consent in writing of such person, unless the name of
such person shall have been omitted by mistake, and unless the
fact that such omission proceeded from mistake shall have been
certified, in manner hereinbefore provided for in cases of unin¬
tentional errors, in the said book of reference.
And be it further Enacted, That if in the execution of any of Where small
the powers of this Act, any land shall be cut through and parcels of
divided, so that what shall be left thereof on both sides or on intersected
either Company
( 60 )
compellable either side of the said Railway shall be less than half a statute
thePwhole!e acre quantity, and if the owner of any such land shall not
have any other land adjoining to that which shall be so left on
either side of the said Railway, then and in every such case it
such owner shall so require, but not otherwise, the said Company
shall also purchase the land so left on both or 011 either of the
sides of the said Railway, being less than half a statute acre in
quantity as aforesaid, the value thereof to be ascertained (if the
parties differ about the same) in the same manner as is directed
concerning any land to be taken or used for the purposes of this
Act; or in case such owner as aforesaid shall have any other
land adjoining to that which shall be so left, he may require the
said Company, at the expence of the said Company, to throw
the same into the adjoining land of such owner, by removing the
fences and levelling the sites thereof, and soiling the same in a
sufficient and workmanlike manner.
Empowering And be it further Enacted, That it shall be lawful for the said
pcrcba"/10 Company, and they are hereby empowered to contract with any
Fifty acres of person or corporation (who shall be willing to sell the same)
land for the for the purchase of any lands, not exceeding in the whole Fifty
niirni isp or ^ , «
additional statute acres, in addition to the lands hereinbefore authorized to
stations. be taken and used, in such places as shall be deemed eligible for
the purpose of making and providing additional stations, yards,
wharfs, waiting, loading and unloading places, warehouses and
other buildings and conveniences for receiving, depositing, load¬
ing or keeping any cattle or any goods, articles, matters or things
conveyed or intended to be conveyed upon the said Railway, or
for making convenient roads or ways thereto, or for any other
purposes whatsoever connected with the Undertaking by this Act
authorized, which the said Company shall judge requisite ; and it
shall be lawful for all persons and corporations, including espe¬
cially such persons and corporations as are hereinbefore capacitated
to sell and convey other lands, and to release rents and other
charges for the purposes of this Act, to sell or grant and convey
to the said Company, and their successors, any lands whatsoever
for the purposes hereinbefore mentioned, or any of them, and to
release rents and other charges thereon, or to enfranchise any
such lands, being of copyhold or customary tenure, in the same
manner as is hereinbefore directed concerning the lands to be
taken for the purpose of making the said Railway and other
Works by this Act authorized.
And
( 61 )
And be it further Enacted, That it shall he lawful for the Company
said Company to sell and dispose of such additional lands as "elVVands l°
they are by this Act empowered to purchase, and shall have not required
actually purchased for the purposes of additional stations, yards,
wharfs, waiting, loading and unloading places, warehouses and and after-
other buildings and conveniences, as hereinbefore authorized, or wards to
such parts of such lands as the said Company shall think proper, other knds
and in such manner and for such considerations, and to such for the same
persons as the said Company shall think proper, and again to PurPoses-
purchase other lands which the said Company shall deem more
eligible for the purposes aforesaid, and afterwards to sell and
dispose of the same in manner hereinbefore mentioned, and so
from time to time as the said Company shall deem proper, so
that the total number of acres to be purchased and held by the
said Company for the purposes hereinbefore mentioned shall not
exceed, at any one time, the number of acres for those purposes
expressly specified or allowed in this Act.
Provided always, and be it further Enacted, That nothing in stations,&c.
this Act contained shall extend to permit or authorize the said not to be
Company, their agents or workmen, or any other person (except- ^pariTh of
ing for the purpose of and during the construction of the said Sonning.
Railway), to construct or make any station, yard, wharf, waiting,
loading or unloading place, or to place any stationary engine in
any lands or grounds within the parish of Somiing, in the county
of Berks, save and except within the space of Two hundred and
fifty yards of the River Iiennet, unless with the consent in
writing of the owner of the lands whereon it may be proposed
to construct or make such station, yard, wharf, waiting, loading
or unloading place, or to place such stationary engine.
Provided also, and be it further Enacted, That the said Com- No station or
pany shall not, nor shall their agents or workmen, or any other
person or persons construct or make, or cause or permit to be wr bricks '
constructed or made any station, yard, wharf, waiting, loading made or de-
or unloading place, or erect construct or place any stationary any'iand0"
engine, or any cottage or building whatsoever, except bridges, belonging
or make burn or deposit any bricks on any land or ground in the ^^jssrs*
parishes of Ealing and Acton, in the said county of Middlesex,
or either of them, which now belong to James Richard Wood,
esquire, George Wood, esquire, and Edward Wood, esquire, or
any of them, without the consent of them or him, or other
the owner or owners of such land or ground, or if the same
land or ground shall have been purchased or taken for any of
6. q the
( 62 )
No part of
the land
of Messrs.
Wood to be
used for de¬
positing earth
or getting
materials.
Restraining
Company
from pur¬
chasing more
than Fifty
acres of
land for
additional
Stations
from inca¬
pacitated
persons.
the purposes of the said Act, of the owner or owners of the ad¬
joining land or ground of which the same land or ground
formed part.
Provided always, and he it further Enacted, That in making
and executing the said Railway, or the several other works by
this Act authorized, it shall not be lawful for the said Company,
their agents or workmen, or any other person or persons, to enter
into or upon, or take or use any lands which are now the pro¬
perty of the said James Richard Wood, George Wood and Edward
Wood, or any of them, other than the land which shall be taken
for making the said Railway, for the purpose of boring, digging,
cutting, embanking and soughing, or of removing laying or
depositing thereon the earth clay and other materials which shall
have been taken out in excavating deep cuttings, or of getting or
procuring earth and materials from such lands, or any stone,
rubbish, gravel or sand, or any other materials or things which
might otherwise have been dug or obtained therefrom in the
execution of the powers contained in this Act, if this present
clause was not inserted therein.
AND whereas the said Company, in addition to the lands
hereby authorized to be taken for making the said Railway and
other Works, are enabled to purchase of persons and corporations
willing to sell the same Fifty statute acres of land by virtue of
this Act, for the purpose of providing additional stations, yards,
wharfs, waiting, loading and unloading places, warehouses and
other buildings and conveniences, and all persons and corpo¬
rations whomsoever are empowered to sell such number of acres
to the said Company: And whereas it is expedient to restrain
the said Company from selling lands so purchased from persons
and corporations being under legal disability or incapacity, and
again purchasing other lands from the same, or from any other
persons or corporations, being under legal disability or inca¬
pacity, in lieu of the lands so sold ; BE it therefore Enacted,
That it shall not be lawful for the said Company to purchase
from any corporation, trustee or feoffee in trust for charitable or
other purposes, executor, administrator, husband, guardian, com¬
mittee or other trustee, for or on behalf of any infant, lunatic,
idiot, feme covert or cestui que trust, or from any tenant for life
or in tail, or person to whom or for whose benefit lands are
limited in strict settlement, or other person being under legal
disability or incapacity, more than such Fifty statute acres; and
in case the said Company shall purchase such Fifty statute acres
6. from
( 63 )
from any person or corporation under such legal disability or
incapacity as aforesaid, and shall afterwards sell the whole or
any part of such Fifty statute acres so purchased, it shall not be
lawful for the said Company to purchase of or from the same, or
of or from any other person or corporation, being under legal
disability or incapacity, nor for the same, nor for any other per¬
son or corporation, being under legal disability or incapacity, to
sell to the said Company any other lands in lieu of such Fifty
statute acres of land, or any part thereof, so sold or disposed
of by the said Company.
And be it further Enacted, That nothing in this Act contained Companynot
shall extend to give to the said Company any coal, ironstone, to claim
limestone, stone, slate, clay or other mines or minerals, under
any land purchased by the said Company under the provisions of purchased,
this Act, except only so much of such coal, ironstone, limestone,
stone, slate, clay or other mines and minerals, as may be neces¬
sary to be dug or carried away, or used for the purposes of this
Act, or as may be found not deeper than the line of the section
hereinbefore mentioned and referred to, (unless the said mines
shall have been expressly purchased and conveyed by the owner
thereof to the said Company,) but all such coal, ironstone, lime¬
stone, stone, slate, clay or other mines and minerals not neces¬
sary to be so dug, carried away or used as aforesaid, shall (un¬
less the contrary be expressed,) be deemed to be excepted out
of the purchase and conveyance of such lands, and may, subject
to the restrictions hereinafter contained for the purchase thereof
by the said Company, be worked by the respective owners or
lessees thereof under the said lands or the Railway or other
Works of the said Company, as if this Act had not been passed ;
provided, that in the working of such mines or minerals no
damage be wilfully done to the said Railway or Works, and that
the said mines and minerals be not worked in an improper
manner.
Provided always, and be it further Enacted, That when and Owners of
so often as the proprietor or lessee or tenant of any mines of Minestogive
coal, ironstone, limestone, stone, slate, clay or other mines and £otIce t0 th?
• i i . , . . i J - ___ . Company of
minerals, lying under the said Railway and Works, or any of their inten-
them, or within the distance of Forty yards from such Railway t""1 to get,
or Works respectively, shall be desirous of working the same, then *0 have11^
and in every such case such proprietor lessee or tenant shall give liberty to
notice in writing to the said Company under his hand, of such Purchase-
intention, at least Twenty-one days before he shall begin to
work such mines, and upon the receipt of such notice it shall be
lawful
( 64 )
lawful for the said Company to inspect such mines, or cause the
same to be inspected, and to contract and agree with any such
proprietor, lessee 01* tenant, for the purchase of, and to purchase
any such mines or minerals, or any part thereof, the getting and
working of which may appear to the said Company likely to pre¬
judice or damage the said Railway or other Works ; and in case
the said Company, and such proprietor, lessee or tenant do not
agree as to the amount or value of such mines or minerals, the
same shall be ascertained and settled by the verdict of a jury, as
is hereinbefore directed with respect to the lands which shall
or may be taken for the purposes of this Act: Provided never¬
theless, that in case the said Company do not before the expi¬
ration of such Twenty-one days declare their desire to purchase
the said mines, and do not treat with such proprietor lessee or
tenant for the same, then it shall be lawful for the proprietor
lessee or tenant of such mines, and he is hereby authorized to
work and get such part of the said mines as lie under the said
Railway and Works, or within the distance aforesaid, without
being liable to the said Company for any damage that may be
done thereby, unless such damage be wilfully done, or be caused
by the working of the said mines in an improper manner.
Provided also, and be it further Enacted, That in case the
said Company shall purchase any such mines under the said
Railway, or within the distance of Forty yards thereof, it shall
be lawful for the respective proprietors lessees or tenants of the
adjoining mines, such proprietors lessees or tenants being the
proprietors lessees or tenants of the mines on both sides of the
mines so purchased, to cut and make such and so many airways,
headways, gateways or water-levels through the mines measures
or strata so purchased by the said Company as may be requisite
to enable such proprietors lessees or tenants to ventilate, drain,
work and get the minerals on each side of the mines so pur¬
chased as aforesaid : Provided always, that no airway, headway,
gateway or water-level shall be of greater dimension or section
than Eight feet wide and Eight feet high, and the respective
proprietors lessees or tenants of such mines, or other the persons
cutting and making the same, shall allow and repay unto the
said Company for all coal or other minerals worked or obtained
by them from and out of such airway, headway, gateway or
water-level at the same rate or price at which the said Company
shall have purchased and paid for the said mines; provided also,
that no airway, headway, gateway or water-level shall he so cut
or made as in any way to injure the said Railway or Works, or
to
If Company
purchase
Mines,
Owners of
Mines ad¬
joining on
each side of
the Railway
may make
Communica¬
tions.
( 65 )
to obstruct or impede the passage upon or along the said Rail¬
way.
AND for the better ascertaining whether any such mines are Method cf
being worked or got, or about to be worked or gotten, so as to discovering
prejudice or damage the said Railway and other Works, or any of ^working
them ; BE it further Enacted, That it shall be lawful for the under the
said Company, by themselves, their agents and workmen, from Railway-
time to time and at all times hereafter to enter upon any lands
through or near which the said intended Railway arid other
Works shall pass, wherein any such mines shall lie found, or
shall be working or be supposed to be working, and likewise to
enter into and return from any coal-pits works or other mines,
and for that purpose to make use of any gins, whimsies, tackling,
ropes, machines, apparatus or machinery belonging to such pro¬
prietors lessees or tenants, and to view, search, bore, dig and
measure, latch and use all other means for discovering the dis¬
tance of the said intended Railway and other Works from the
working parts of such mines respectively ; and in case it shall
appear that any such mines have been worked or got contrary to
the directions of this Act, it shall be lawful for the said Com¬
pany to give notice to the proprietors lessees or tenants of any
such mines who have so worked or got the same contrary to the
directions of this Act respectively, to adopt and construct the
requisite means and supports for sustaining securing and making-
safe the said Railway and other Works, and preventing any injury
which may arise in consequence of such mines having been so got
contrary to the directions of this Act; and in case the said pro¬
prietors lessees or tenants respectively shall not immediately after
such notice proceed to secure and make safe the said Railway
and Works, and use due diligence in effecting the same to the
satisfaction of the said Company or their engineer, then and in
every such case it shall be lawful for the said Company, their
agents and workmen, at the expence costs and charges of such
respective proprietors lessees and tenants of such mines, to enter
into and upon all such mines, and from time to time to use all
necessary and reasonable ways and means for repairing, support¬
ing, sustaining, securing and making safe the said Railway and
Other Works, and such expences costs and charges shall be
recovered by the said Company from such proprietor lessee or
tenant who shall so respectively have worked or got the same
contrary to the directions of this Act, in such and the same
manner as the rates tolls or sums by this Act granted may be
recovered, and shall be applied for the purposes of this Act.
6. it And
( cs )
be°sunktl t0 11 farther Enacted, That no shaft pit or quarry shall
under the be dug sunk or made in or on the line of die said intended
Hailway. Railway or Works, but it shall be lawful for any proprietor lessee
or tenant of any mines or works on each side of the said Railway,
to fix all such ropes, chains, connexion rods and other matters as
may be necessary for working the said mines, in conformity with
the provisions of this Act, over, under, across, near or by the said
Railway, provided that by so doing such proprietor lessee or
tenant do not injure such Railway or Works, or interrupt in any
manner the free passage upon or along the same.
And be it further Enacted, That where the said Railway shall
cross any turnpike road, either such turnpike road shall be car¬
ried over the said Railway, or the said Railway shall be carried
over the said turnpike road at the expense of the said Company
by means of a bridge, where not otherwise provided for by this
Act, of such construction as is hereinafter mentioned.
And be it further Enacted, That where the said Railway shall
cross any public highway, other than a turnpike road, the ledge
or flanch of such Railway for the purpose of guiding the wheels
of the carriages thereupon, shall not rise above nor sink below
the level of such road more than One inch.
And be it further Enacted, That where any bridge shall be
erected by the said Company for the purpose of carrying the said
Railway over or across any public carriage road, the span of the
arch of such bridge shall be formed, and shall at all times be
and be continued of such width as to leave a clear and open
space under every such arch of not less than Fifteen feet, and
of a height from the surface of such road to the centre of such
arch, of not less than Sixteen feet, and the descent under any
such bridge shall not exceed One foot in Thirteen feet.
Regulating And be it further Enacted, That where any bridge shall be
if'cTes'fo erected for carrying any public carriage road over the said Rail-
can-ying * way, the road over such bridge shall be formed and shall at all
Public Roads times be continued of such width as to leave a clear and open
space between the fences of such road of not less than Fifteen
feet, and the ascent of every such bridge for the purpose of
such public carriage road, shall not be more than one foot
in Thirty feet; and with respect to any private carriage
road, not more than One foot in Thirteen feet, and a good and
sufficient fence shall be made on each side of every such bridge,
6. which
Railway not
to cross
Turnpike
Roads on a
level.
In crossing
public Roads
ledge of Rail¬
way not to
rise above or
sink below
level of such
Roads more
than One
inch.
Regulations
as to width
and height
of Bridges
for carrying
Railway over
Public Roads.
over Rail
way,
( e? )
which fence shall not be less than Four feet above the surface
of such bridge : Provided always, that in all cases where any
bridge shall be erected over the said Bath turnpike roads, there
shall be parapet walls built on each side of the said bridges, of
the height of Four feet and Six inches, and a close fence of not
less than Four feet and Six inches in height shall be extended on
each side of the approaches to the said bridges, for the distance
of Twenty-five yards from the centre of such bridges, if required
by the said Trustees.
And be it further Enacted, That in case it shall be found Openings
requisite to form shafts, pits, eyes or openings to or from any into Tunnels
tunnel to be made for the purposes of this Act, it shall be lawful ma<je jn
for the said Company to sink and construct such shafts, pits, public High-
eyes or openings in such places as the said Company shall think ways*
necessary ; but such shafts, pits, eyes or openings shall not be
sunk or constructed in any public highway.
And be it further Enacted, That where the said Railway shall If the Rail-
cross the road leading from Brentford to Hanger Hill and ^yj{™dSes
Harrow, the same shall be made in a covered way under such from Brent-
road at a depth of at least Eighteen feet from the present sur- j^rd to
face of the said road, at the place at which the said Railway is not'exceed-
described to cross the same, according to the line delineated on ing a quarter
the maps or plans deposited with the said clerks of the peace be made610
as hereinbefore is mentioned, and such covered way shall extend
to such length not exceeding in the whole a quarter of a mile
in length, and such part of the tunnel (except within the distance
of One hundred feet on each side of the said road) shall be made
and extend towards the east or towards the west sides of the
said roads as James Richard Wood, esquire, or the owner of the
mansion house and lands called Hanger Vale, and George
Wood, esquire, the owner of the mansion house and lands called
Hanger Hill, or either the owners for the time being of the said
mansions and lands shall agree upon and direct.
Provided always, and be it further Enacted, That the said The Com-
Company shall not purchase or take more of the land or ground panynotto
under which the covered way through which the said Railway pr0perty m
shall cross the said road leading from Brentford to Hanger Hill the surface
and Harrow, or any part thereof, shall be made as aforesaid than °unneiUCh
shall be necessary for making the said covered way, and such
eyes or openings as shall be required for the same, and that
nothing' in this Act contained shall extend to empower the said
Company
68 )
Company to purchase or take or acquire any property in any
other part of the surface of the land or ground under which such
tunnel or any part thereof shall be made.
Providing for Provided always, and be it further Enacted, That in all cases
RoaZ. ° wherein, in the exercise of any of the powers hereby granted, any
part of any carriage or horse road, railway or tramroad, either
public or private, shall be found necessary to be cut through,
raised, sunk, taken, or so much injured as to be impassable or
inconvenient for passengers or carriages, or to the persons entitled
to the use thereof, the said Company shall, at their own expense,
before any such road shall be so cut through, raised, sunk, taken
or injured as aforesaid, cause another good and sufficient road
(as the case may require) to be set out and made instead thereof,
and such new road shall be as convenient for passengers and car¬
riages as the said road so to be cut through, raised, sunk, taken
or injured as aforesaid, or as nearly so as may be ; and where
the road cut through, raised, sunk or injured shall be a turnpike
road, the substituted road, if temporary, shall be set out and
made, and the principal road shall be restored, within Six calendar
months after the commencement of the operation.
Where the And be it further Enacted, That in all cases wherein the
crosses^Pub- sa^ Railway shall cross any public highway on a level, the said
lie Highways Company shall erect and at all times maintain good and sufficient
Com1 an61 to §ates across tlie said Railway at the point where it shall cross
erect Gates, such public highway, all which gates shall be constantly kept
shut by some person to be appointed by the said Company, and
which person the said Company are hereby required to appoint
under a penalty of Five pounds for each default, except during
the times when carriages passing along the said Railway shall
have to cross such public highway, and then the same gates
shall be opened for the purpose only of letting such carriages
pass through, and the person entrusted with the care -of such
gates shall cause every such gate to be shut as soon as such
carriages shall have passed through the same, under the penalty
- of Forty shillings for every default therein.
Company to And be it further Enacted, That the said Company shall at
erect Gates their own expence after anv part of the said Railway shall have
lor thG pro- i ^ 1 j
tection of been laid out and formed, forthwith make and erect and from
adjoining time to time maintain such and so many convenient gates in upon
or adjoining the said Railway, and such and so many bridges,
arches, hollows, culverts, fences, ditches, drains and passages
over
( 69 )
over under or by the side of or leading to or from the said
Railway, of such dimensions and in such manner as Two or
more Justices of the Peace acting within their jurisdiction shall
upon the application of the owner or occupier of anv lands judge
necessary and appoint (in case there shall be any dispute about
the same), for the use of the owners or occupiers of the respective
lands through which such Railway shall be made, and for the
commodious use and occupation of the lands on either side of the
said Railway, or for protecting the said lands from tresspass, or
the cattle or other property of the owners or occupiers thereof
from straving or escaping thereout by reason of such Railway,
or any other matter or thing to be done in pursuance of this
Act; and all such gates, bridges, arches, hollows, culverts, fences,
ditches, drains and passages so to be made as aforesaid, shall
from time to time and at all times thereafter be maintained in
sufficient repair and condition by the said Company ; and for
the purpose of enabling the said Company to make and erect
such gates, bridges, arches, hollows, culverts, fences, ditches,
drains and passages, and from time to time to maintain the same,
the said Company, their agents and workmen, are hereby autho¬
rized and empowered to enter into and upon all lands adjoining
the said Railway, and to load and carry the materials for making
or repairing such gates, bridges, arches, hollows, culverts, fences,
ditches, drains and passages, in carts and other carriages across
or along such lands, in such manner as to do as little damage as
may be to the same ; and in case the said Company shall refuse
or neglect to make or erect or to maintain such gates, bridges,
arches, hollows, culverts, fences, ditches, drains and passages as
hereinbefore directed, or any of them, for the space of Ten days
next after the time to be appointed for those purposes respectively
by such Justices, it shall be lawful for the respective owners or
occupiers of the said lands who shall find themselves aggrieved
by such neglect or refusal, to make and erect, or, as the case
may require, to maintain and repair, such gates, bridges, arches,
hollows, culverts, fences, ditches, drains and passages as the said
Justices shall have before directed or appointed to be made and
erected as aforesaid, so that in making, erecting, repairing or
maintaining such gates, bridges, arches, hollows, culverts, fences,
ditches, drains and passages as aforesaid, the said Railway or
any of the Works by this Act authorized to be made or con¬
structed by the said Company, shall not be obstructed for any
longer space of time or be used in any other manner than shall
be unavoidably necessary, and all the reasonable costs and
charges thereof, to be settled and allowed by the said Justices
6. s (in
( 70 )
(in case there shall be any dispute about the same), shall be
repaid to the respective owners or occupiers of the said lands
who shall have so made and erected, repaired and maintained
such gates, bridges, arches, hollows, culverts, fences, ditches,
drains and passages as aforesaid, by the said Company, within
the space of Five days next after the same shall have been so
settled and allowed, and an account and demand in writing shall
have been delivered to and made from the said Company ; and
in default of payment of the said costs and charges within the
time aforesaid, the said Justices are hereby required by warrant
under their hands and seals to levy the said costs and charges
by distress and sale of any of the goods and chattels of the said
Company, for the use of the party to whom such costs and
charges shall have been allowed, rendering to the said Company
the overplus (if any) on demand, after deducting the reasonable
charges of making such distress and sale, to be settled by the
said Justices, or the said owners or occupiers, upon refusal or
neglect by the said Company to pay the said costs and charges
as aforesaid, shall and may also have such and the like remedy
against them for the recovery thereof by action at law, to be
commenced and prosecuted in such manner as in other cases is
by this Act directed : Provided always, that no such gate,
bridge, arch, hollow, culvert, fence, ditch, drain or passage shall
be required to be erected or made, or shall be erected or made,
over or under the said Railway, or any part thereof, at or in
any place or manner at or in which the same would, if so
erected or made, prevent or obstruct the working or using the
said Railway.
Bridges to be And be it further Enacted, That the said Company shall at
t la<en'the their own expence, after any part of the said Railway shall have
lands of been laid out and formed through any land or ground in the said
Messrs. parishes of Ealing and Acton, or either of them, belonging to the
theythaii^6 sa^ James Richard Wood, George Wood and Edward Wood, or
direct, not any of them, forthwith make and erect, and from time to time
Oneln ever ^or ever thereafter make and maintain in sufficient repair and
Four hundred condition such and so many bridges over the said Railway, not
yards. exceeding One bridge for every Four hundred yards of such of
the said lands as shall be divided by the said Railway, and
in such places as the said James Richard Wood, George Wood
and Edward Wood, or such of them as is the owner of the
respective land so divided, or other the owner or owners for the
time being of such land respectively shall require and direct, and
every such bridge shall be made and continued of such width as
6. to
( 71 )
to leave a clear and open space of not less than Fifteen feet for
the width of the road over the same, and the ascent of every
such bridge shall not be more than One foot in Eighteen feet,
and a good and sufficient fence shall be made on each side of
every such bridge, which fence shall not be less than Four feet
above the surface of such bridge; and in case the said Company
shall refuse or neglect to make or maintain such bridges or any
of them for the space of Ten days after the time which shall be
appointed for those purposes respectively by Two or more Jus¬
tices of the Peace for the said county of Middlesex, upon the
application of the owner or occupier of any such land respectively,
it shall be lawful for the respective owners or occupiers of the
said land who shall find themselves aggrieved by such neglect or
refusal, to make and erect, or, as the case may require, to main¬
tain and repair such bridges, so that in making, erecting, re¬
pairing or maintaining such bridges the said Railway or any of
the Works by this Act authorized to be made or constructed by
the said Company shall not be obstructed for any longer space of
time or be used in any other manner than shall be unavoidably
necessary, and all the reasonable costs and charges thereof shall
be repaid to the respective owners or occupiers of the said lands
who shall have so made and erected repaired and maintained
such bridges as last aforesaid, by the said Company within the
space of Twenty-one days next after the same shall have been so
incurred, and an account and demand in writing shall have been
delivered to and made from the said Company, and in default in
payment of the said costs and charges within the time aforesaid,
Two or more Justices of the Peace for the county of Middlesex
shall, upon the application of the said James Richard Wood,
George Wood and Edward Wood, or any of them, or of the owner
or occupier of any such land, and they are hereby required by
warrant under their hands and seals to levy the said costs and
charges by distress and sale of any of the goods and chattels of
the said Company, for the use of the party by whom such costs
and charges shall have been incurred, rendering to the said Com¬
pany the overplus (if any) on demand, after deducting the reason¬
able charges of making such distress and sale, to be settled by
the said Justices ; or the said owners or occupiers, upon neglect
and refusal by the said Company to pay the said costs and
charges as aforesaid, shall and may also have such and the like
remedy against them for the recovery thereof by action at law,
to be commenced and prosecuted in such manner as in other
cases is by this Act directed : Provided always, that no such
bridge shall be required to be erected or made over the said
Railway
( 72 )
Railway or any part thereof, at or in any place or manner at or
in which the same would if so erected or made prevent or obstruct
the working or using the said Railway.
Compensa- Provided always, and be it further Enacted, That in every
©"gates6" case 'n which the owner of any lands or other person by this
bridges, &c. Act capacitated to convey, shall in their arrangements with the
said Company have received or agreed to receive compensation
for gates, bridges, arches, hollows, culverts, fences, ditches, drains
or passages, instead of the same being erected or formed by the
said Company for the purpose of facilitating the passage to or
from either side of the lands severed or divided by the said
Railway, it shall not be lawful for such owners, or those claiming
under them, to pass, and they shall for ever be prevented from
passing or crossing the said Railway from one part to the other
part of their lands so severed and divided, otherwise than by
a bridge arch or culvert to be erected at the charge of such
owners.
Owners of And be it further Enacted, That if any of the owners or occu-
powered to Piers of any lands through which the said Railway shall be made,
erect Gates, shall at any time apprehend that any of the gates, bridges, arches,
&e. in case °f hollows, culverts, fences, ditches, drains or passages which the
insufficiency • • 1 o
of those said Justices shall have so directed or appointed to be made or
erected by erected by the said Company are insufficient, either in number or
Company. situation, for the commodious use or occupation of the respective
lands through which the said Railway shall pass, it shall be lawful
for any such owner or occupier, with the consent of the said
Company, upon request in writing made to them, or in case of
their refusal for the space of Ten days next after such request,
then with the consent of the said Justices, given after summons to
the said Company, and due hearing of their objections, to make
and erect at the costs and charges of such owner or occupier, any
other gates, bridges, arches, hollows, culverts, fences, ditches,
drains or passages of the same or like construction or form with
those made and erected by the said Company, over under or by
the side of or leading to or from the said Railway, in such places
as shall be found and adjudged most convenient for the better
use, cultivation, improvement or occupation of such lands; and
such gates, bridges, arches, hollows, culverts, fences, ditches,
drains and passages shall henceforth be repaired and maintained
by and at the expence of the respective owners or occupiers for
the time being of the respective lands, the respective owners or
occupiers of which shall have made or erected the same, so that
the
( 73 )
the passage to or upon the said Railway be not prevented or
obstructed thereby for any longer space of time, or in any other
manner, than shall be unavoidably necessary.
And be it further Enacted, That the said Company shall, and i'or fencing
they are hereby required at their own expence after any land off Railway
shall have been taken for the use of the said Railway and other
Works, to separate the same, and to keep the same constantly
separated from the lands adjoining to such Railway and other
Works, with good and suflicient posts, rails, hedges, ditches,
mounds or other fences, in case the owners of such lands ad join¬
ing to such Railway and other Works, or any of them respectively,
shall at any time desire the same to be fenced olf, or in case the
said Company shall think proper to fence olf the same instead of
erecting gates across the same as aforesaid; and the said Company
shall make and maintain all necessary gates and stiles in all
such fences to be made as aforesaid (all such gates being made
to open towards such lands, and not towards the said Radway),
and in every such case the powers, provisions, directions and
regulations hereinbefore contained with respect to the gates and
other works aforesaid, shall extend and apply to the making and
maintaining of such fences, and the gates and stiles in such fences,
ns fully and effectually to all intents and purposes, as if such
powers, provisions, directions and regulations were here repeated
and enacted with respect to such fences gates and stiles.
And be it further Enacted, That the said Company shall, and Company to
they are hereby required from time to time at their own expence, make^uffi-
to make such arches, tunnels, culverts, drains or other passages, &'c"to car"y'
over under or by the side of the said Railway, and the fences on water off
the sides thereof respectively, of such breadth, depth and dimen- ^'smng
sions as shall be sufficient at all times to convey the water as
clearly from the lands adjoining or lying near to the said Rail¬
way as before making the said Railway, without obstructing or
impounding the same water, to the prejudice of any of the said
lands, and also to make proper watering places for cattle in all
cases where, by means of the said Railway, the cattle of any
person occupying lands adjacent thereto shall be deprived of
access to their ancient watering place, and to supply the same
at all times with water from such rivers, brooks, streams or
springs of water as would have supplied the cattle of such person
if the said Railway had not been made, or from any other
source or feeder which can lawfully be obtained for that purpose ;
and it shall be lawful for the said Company, and they are hereby
6. t required
( 74 )
required from time to time to make such and so many water¬
courses and drains by the side of and along or under the said
Railway, or in, through, over and across any lands thereto adjoin¬
ing, of such dimensions, and in such manner, and with such proper
and convenient bridges over and tunnels under the same respec¬
tively, as any Two or more Justices of the Peace acting within
their jurisdiction shall from time to time judge necessary and
appoint, in case there shall be any dispute about the same, for the
purpose of conveying water to the said watering places respectively ;
and all such arches, tunnels, culverts, watercourses, drains and
other passages shall from time to time be supported, maintained,
cleansed and kept in good and sufficient repair by the said Com¬
pany ; and if at any time after Ten days' notice in writing shall
be given by or on behalf of any owner or occupier of land adjoin¬
ing or lying near to the said Railway to the said Company, that
the said arches, tunnels, culverts, drains, watercourses or other
passages, or any of them, are not made, or being made are not
cleansed maintained and repaired according to the true intent
and meaning of this Act, the said Company shall not proceed
to make, or cleanse maintain and repair, as the case may be, such
arches, tunnels, culverts, drains, watercourses or other passages, it
shall be lawful for any person to apply for an order in writing to
any Two or more Justices of the Peace acting within their juris¬
diction, from time to time as often as there shall be occasion, and
the said Justices are hereby empowered at their discretion to make
and grant such orders as aforesaid, enabling such persons to make,
or cleanse and repair such arches, tunnels, culverts, watercourses,
drains and other passages accordingly, and the reasonable ex-
pence thereof (to be ascertained by such Justices) shall be defrayed
by the said Company, and in case of neglect or refusal to satisfy
and defray such expences for the space of Five days after demand
thereof made upon the said Company, such expences may be
levied and recovered by distress and sale of the goods and chattels
of the said Company, in the same manner as any other costs and
charges may by virtue of this Act be levied and recovered upon
or from the said Company.
If any lands And be it further Enacted, That the said Company shall, and
of the Messrs. they are hereby required at their own expence to make, where the
Woods sr6 • t J t * _
intersected said Railway shall pass through any of the lands or grounds now
hy the Rail- belonging to the said James Richard J food, George Wood and
toYe made Edward Wood, or any of them, in the said parishes of Ealing and
to continue Acton, or either of them, such arches, tunnels, culverts, pipes,
ttn> carrying anc| other passages for water under the said Railway* and
of'waSterP.Py 6- the
( 75 )
the fences on each side thereof respectively, of such breadth
depth and dimensions as shall be sufficient at all times to convey
water from the lands or watercourses or springs in such of the'
said lands or grounds as shall be on either side of the said Rail¬
way, to such of the said lands or grounds on the other side thereof,
as clearly and effectually as such water is now conveyed from or
to the lands or grounds respectively ; and all such arches, tunnels,
culverts, pipes, drains and other passages shall from time to
time be supported, maintained, cleansed and kept in good and
sufficient repair by the said Company; and if at any time after
ten days' notice in writing shall be given by or on the behalf of
the said James Richard Woody George Wood, and Edward Wood,
or any of them, or of any owner or occupier of any land now
belonging to them, or any of them, that the said arches, tunnels,
culverts, drains, pipes or other passages, or any of them, are not
made, or being made are not cleansed maintained and repaired,
according to the true intent and meaning of this Act, the said
Company shall not proceed, or make or cleanse, maintain and
repair (as the case may be) such arches, tunnels, culverts, drains,
pipes or other passages, it shall be lawful for the said James
Richard Wood, George Wood, and Edward Wood, or any of them,
or the owners or occupiers of the said land, or any of them, to
apply for an order in writing to any Two or more Justices of the
Peace for the said county of Middlesex, from time to time as
often as there shall be occasion; and the said Justices are hereby
empowered at their discretion to make and grant such orders as
aforesaid, enabling the said James Richard Wood, George Wood,
and Edward Wood, or any of them, or other the owners or occu¬
piers of the said land, to make or cleanse and repair such arches,
tunnels, culverts, pipes, drains and other passages accordingly,
and the reasonable expences thereof (to be ascertained by such
Justices) shall be defrayed by the said Company; and in case of
neglect or refusal to satisfy and repay such expences for the
space of Twenty-one days after demand thereof made upon the
said Company, such expences may be levied and recovered by
distress and sales of the goods and chattels of the said Company,
in the same manner as any other costs and charges may by
virtue of this Act be levied and recovered upon or from the
said Company.
Provided always, and be it further Enacted, That nothing in Forthepro-
this Act contained shall be construed to authorize or empower the tection of
said Company, without the consent of Charles Wrighte Gardiner, Lodge6
Esquire, his heirs or assigns, in writing first had and obtained, to Estate.
construct
( 76 )
construct or erect any railway, tram-road, machinery, depot or
station within the distance of One mile in a direct line from
a certain mansion called Coombe Lodge, in the parish of Whit¬
church, in the county of Oxford, claimed to be the property of
the said Charles Wrighte Gardiner, Esquire, so and in such man¬
ner that the same or any part thereof, or any engine waggon or
other carriage to be worked $ drawn, used or employed in upon
or about such Railway or tram-road, depot or station, shall at any
time within such distance as aforesaid, be visible from the said
mansion or from the offices connected therewith, or from any
part of the pleasure grounds as now laid out belonging thereto,
and forming part of the said Coombe Lodge estate, as the same is
now occupied by the said Charles Wrighte Gardiner-, and that any
embankment which may be put up for the purpose of hiding the
view of any of the said works waggons or engines from Coombe
Lodge estate, shall, at all times after making the same, be kept
well covered with turf or be planted out by the said Company,
and at their expence, to the intent that the said Railway may not
at any time be a dissight or annoyance to Coombe Lodge estate.
And be it further Enacted, That in the construction of the said
Railway the said Company of Proprietors are hereby prohibited
from destroying or damaging more of the timber or wood visible
from Coombe Lodge estate aforesaid, than may be absolutely
requisite for effecting the passage of the said Railway through the
same.
And be it further Enacted, That nothing in this Act contained
shall extend to prevent the respective owners or occupiers of
lands adjoining to the said Railway, or any other persons, from
laying down, either upon their own lands or upon the lands of
Branches to ot^er Pers°ns> with the consent of such persons, any collateral
communicate branches from their respective lands to communicate with the
with Rail- said Railway, and the said Company shall be bound to make, at
way' the expence of such owners and occupiers, and other persons as
aforesaid, openings in the ledges or Handles of the said Railway
for effecting such communication in such places as may be most
convenient for that purpose, and as may the least interfere with
the passage of the said Railway, and the said Company shah not
receive any rate or toll or sum for the passing of any goods or
other things along such branch so to be made by any such owner
or occupier or person as aforesaid : Provided also, That the said
Company shall not be bound to make any such openings in the
ledges or flanches of the said Rail way, for the purpose of effecting
such
Act not to
prevent
Owners of
adjoining
lands to
make
( 77 )
such communication in any places where they shall have erected
or set up any building, steam engine, works, machinery or yard,
or in any places which they shall have appropriated or set apart
for any specific purpose with which such communication would .
interfere, nor upon any inclined plane, nor in any tunnel; and
in case any disagreement or difference shall arise between any
such owners and occupiers or other persons and the said Com¬
pany, as to the proper places for making any such openings in
the ledges or flanches of the said Railway, for the purpose of such
communication, then the same shall be left to the decision of any
Two Justices of the Peace acting within their jurisdiction, whose
determination, after the examination of such competent witnesses
as may be produced before them, shall be binding, and such
Justices are hereby authorized and empowered to take cogni¬
zance of all such references, and to act therein accordingly.
Provided always, and be it further Enacted, That nothing Nor to make
herein contained shall extend to prevent any owner of any lands communica-
i •/ # v tions across
adjoining the said Railway from making any railway, bridge or the Railway,
culvert to, from, across, over, under or into the said Railway
hereby authorized to be made by the said Company, and to use
such railway, bridge or culvert so made by him for the benefit
of himself and of all other persons to whom he may from time to
time give leave, so that such railway, bridge or culvert do no
injury to, and do not prevent the free passage upon the Railway
hereby authorized to be made by the said Company, and all
such railways, bridges and culverts shall be made and erected,
and from time to time repaired or renewed under the superin¬
tendence of the engineer of the said Company, and according to
plans and specifications to be submitted to and approved of by-
such engineer previously to the commencing of such railways^
bridges and culverts respectively : Provided always, That in case
such engineer shall neglect or refuse to give his opinion upon
such plan and specification within the space of One calendar
month, then such plan and specification shall be submitted
to Two of His Majesty's Justices of the Peace acting within
their jurisdiction, who shall make such order therein as they
shall think proper: Provided nevertheless, That in case any
damage or obstruction shall be thereby, or by the want of
repair thereof, done or occur to or in the Railway or Works by this
Act authorized to be made by the said Company, the same shall
be forthwith repaired or removed (as the case may be) by and at
the expence of the respective owners for the time being of the land
for whose benefit any such other railway, bridge or culvert may be
6. u made
( 78 )
made or continued, and if the same shall not be forthwith done*
it shall be lawful for the said Company to repair such damage, or
to remove such obstruction, and to recover the expences attending
the same in case of refusal or neglect to pay the same, within
Fourteen days after demand thereof, by distress and sale of the
goods and chattels of such respective owners, or by action of
debt or on the case, together will full costs of suit, in any of His
Majesty's Courts of Record at Westminster.
ing'uporTthe ^ further Enacted, That all persons opening any gate
Railway to set up across the said Railway, or any gate set up at either side
f^tenedTfter Railway, shall, and they are hereby respectively
persons have required, as soon as they, and the carriages cattle or other
passed animals or things under their care, or which they may accom-
themfh Pany> shall have passed through the same, to shut and fasten
the said gate, and every person neglecting so to do shall forfeit
and pay any sum not exceeding Forty shillings for every such
offence.
Fir3t and And be it further Enacted, That the first general meeting of
ralMeetings. *he said Company shall be held within Six calendar months
next after the passing of this Act, and from and after such first
general meeting of the said Company there shall be a half-yearly
general meeting of the said Company in the Second week of the
month of February, and the Second week of the month of
August, in each and every year, or within the space of Twenty
days next after each of such periods, and all such and so many
special general meetings of the said Company as the directors
of the said Company shall think proper to convene, or as shall
be convened by the proprietors, in manner hereinafter provided,
of which said general meetings and special general meetings
Ten days public notice at the least shall be given in the manner
hereinafter directed ; and every such notice of a special general
meeting shall specify the purpose for which the same is called ;
and such first general meeting shall be held in London, and the
first half-yearly general meeting shall be held in London, and all
future half-yearly general meetings shall be held alternately in
Bristol and London, and such special general meetings shall be
held either at London or Bristol; and such first general meeting,
and such half-yearly general meetings and special general meet¬
ings may be adjourned from time to time, all adjournments being
made to the same place where the original or preceding meeting
shall have been held.
6
And
( 79 )
And be it farther Enacted, That One hundred or more pro- Meetings of
prietors of the said Company, holding in the aggregate Four maj^bespe-
thousand shares or upwards in the said Undertaking, upon which ciaiiy con-
shares all calls actually previously made shall have been paid vened*
and satisfied, may at any time, by writing under their hands,
left at the office of the said Company, or given to at least Three
directors of the said Company, or left at or delivered to some
inmate of their last or usual places of abode, require the directors
of the said Company to call a special general meeting of the pro¬
prietors of the said Company, either at London or Bristol as may
be expressed in such requisition, so as such requisition fully
express the object for which such special general meeting is
required to be called, and in case of neglect or refusal of the said
directors to call such meeting for the space of Twenty-one days
next after such notice shall have been given as aforesaid, the
same may be called by such One hundred or more proprietors,
by giving Fourteen days notice thereof in Two or more London
newspapers, and in Two or more Bristol newspapers, and the said
Company are hereby authorized to meet in pursuance of such
notice, and such of the proprietors thereof as shall be present at
such meeting shall proceed in the execution of the powers by
this Act given to the said Company with respect to the matters
so specified in such notice, and to those only, and all acts of the
major part in votes of the proprietors of the said Company, met
together at any such special general meeting, shall be as valid
with respect to the matters specified in such notice, and those
only, as if the same had been done at a general meeting held at
the time hereinbefore appointed for holding the same.
And be it further Enacted, That no business shall be transacted Business at
at any special general meeting other than the business for which Special and
it shall have been called, and no business shall be transacted at Qjj°p[n1ed
any adjourned general or adjourned special general meeting other Meetings,
than the business left unfinished at the meeting from which such
adjournment took place.
Provided always, and be it further Enacted, That all notices Notice 0f
in this Act directed to be given of any general or special general Meetings,
meeting of the proprietors of the said Company, or of any other g"^ntol,e
matters to any of the proprietors of the said Company, and all
other notices which may be required to be given by or on behalf
of the said Company, and which are not herein otherwise pro¬
vided for, shall be signed by the chairman or deputy chairman
of the directors of the said Company, and shall be given by
advertisements,
( 80 )
advertisements inserted in Two or more London newspapers,
and in Two or more Bristol newspapers ; and such last-men¬
tioned notices, when so published and given, shall be deemed
and considered the same as if personally served.
Directing And be it further Enacted, That at all general and special
bers shall*5"" general meetings held by virtue of this Act, all persons and
vote at meet-corporations who shall have duly subscribed for or become
mgs. entitled to any share or shares (not exceeding Twenty) in the said
Undertaking, and their respective successors, executors, adminis¬
trators and assigns, shall have a vote for each such share; and
all such persons and corporations as aforesaid, as shall have
subscribed for or become entitled to more than Twenty shares in
the said Undertaking, their respective successors, executors,
administrators and assigns, shall, over and above the Twenty votes
which they shall respectively have for or in respect of the first
Twenty shares, have an additional vote for every Five shares
which they shall have subscribed for or shall have become
entitled to in the said Undertaking beyond the number ot
Twenty shares; and such vote or votes may be given by such
respective parties, or in their absence by their respective proxies,
constituted under the seals of such bodies, or under the hands
of the other proprietors appointing such proxies, all such proxies
being proprietors of shares in the said Undertaking, and every
such vote by proxy shall be as good and sufficient to all intents
and purposes as if the principal had voted in person; and every
question matter or thing which shall be proposed in any general
or special general meeting of the said Company, shall be deter¬
mined by the majority of votes of the proprietors of the said
Company then present, personally or by proxy; and at every
such meeting the chairman thereof shall and may not only vote
as a principal and also as a proxy, but in case of an equality of
votes, shall and may also have the deciding or casting vote;
and the determination of every such meeting upon any question
matter or thing shall be and be deemed and taken to be the
decision of tlie said Company, notwithstanding any irregularity
which may have occurred in the giving or taking of any votes
at such meeting; and the appointment of every such proxy may
be made according to the form following, or as near thereto as
the quality nature and number of the appointor or appointers of
the proxy thereby constituted, and other circumstances, will
admit; (that is to say)
" A. B.
( 81 )
" A. B. of one of the proprietors of Form of
* The Great Western Railway Company,' doth Proxy-
hereby appoint C. D. of to be the
proxy of the said A. B. to vote or give his assent to or
dissent from any business matter or thing relating to the
said Undertaking, which shall be proposed at any general
or special general meeting of the said Company, in such
manner as he the said C. D. shall think proper : In
witness whereof the said A. B. hath hereunto set his hand
[or, common seal] the day of
Provided always, and be it further Enacted, That no person proxies to
shall be entitled to vote as the proxy of any person or corporation be trans-
as aforesaid, unless the instrument appointing such proxy shall ^retaryof
have been transmitted to the secretary, or one of the secretaries, Company,
of the said Company, Five days at least before the holding of the
meeting at which such proxy is intended to be used.
And be it further Enacted, That whenever several persons The person
shall be jointly possessed of or entitled to any share in the said whose name
Undertaking, the person whose name shall stand first in the ^ joint*
books of the said Company as proprietor of such share, shall for proprietor
the purposes of this Act be deemed the proprietor of such share, 'deemed
and as between several proprietors all such proprietors shall be the owner,
entitled to give their votes in respect thereof by the person whose a,ldt0 vote-
name shall so stand first in the books of the said Company as
proprietor of such share, and whose vote shall, either in person
or by proxy, on all occasions be deemed and allowed to be the
vote for or in respect of the whole property in such share, with¬
out proof of the concurrence of the other proprietor or proprietors
of such share; and all notices bv this Act directed to be given
to the proprietors of shares in the said Undertaking, shall and
may for or in respect of any such share so jointly held, be given
to the person whose name shall so stand first in the books of the
said Company, or be left with some inmate of the last or usual
place of abode of such person, or be inserted in The London
Gazette as herein mentioned (as the case may require), and such
notice shall be deemed sufficient notice to such person whose
name shall so stand first as aforesaid, and to all other the pro¬
prietors of such share, for all the purposes for which such notice
is intended to be given.
And be it further Enacted, That in case any proprietor entitled Lunatics and
to vote at any such meeting as aforesaid, shall be a lunatic or m,no]3 to
J ° ' . ,. vote by com-
€>. x idiot
( 82 )
mittees and idiot or minor, such lunatic or idiot shall or may vote at such
guardians. meeting by his committee or by any of his committees, and such
respective committees or any of them may vote in respect of the
interest of such lunatics or idiots either in person or by proxy;
and such minor shall and may vote by his guardian or by any
of his guardians, and such respective guardians or any of them
may vote in respect of the interest of such minors either in person
or by proxy: Provided always, that every such committee or
member of committee or guardian, or each of several guardians,
may also vote in right of his own share, if he have any, as well as
in the character of committee or guardian.
oK
Proprietors And be it further Enacted, That no proprietor of any share
to vote?r n<>t on which any call shall have been made, shall, after the day
appointed for the payment of the same, be allowed to vote either
personally or by proxy at any meeting of the proprietors of the
said Company, or to act or vote as a director at any meeting of
the said directors, until the money called for in respect of such
share shall have been fully paid.
First General And be it further Enacted, That at the fi'-st general meeting
chooseDirec- to he held as hereinbefore is mentioned, or at some meeting to be
tors. held by adjournment therefrom, Twenty-four persons, who shall
be proprietors, and respectively possessed in their own right of
Ten shares in the said Undertaking, shall be elected directors
to manage the affairs of the said Company, by the proprietors
present at such meeting, either personally or by proxy, Eight
at least of which directors, so qualified, shall be proprietors
residing in or within Twenty miles of JjOndon, and Eight at least
shall be proprietors residing in or within Twenty miles of
Bristol; and of the directors so elected as aforesaid, Eight shall
be competent to act; and the several persons so to be elected,
being neither removed nor disqualified, nor resigning, shall
continue in office and be directors until the half-yearly general
meeting of the said Company, which shall be held in the month
of February, in the year of our Lord One thousand eight hundred
and thirty-seven, and until others shall be elected in their
stead, in pursuance of this Act; and the said Company, at any
general meeting, shall have power to fix what remuneration (if
any) shall from time to time be allowed to the directors of the
said Company.
Directors to And be it further Enacted, That at the general meeting to be
nuair by 'n month February, which will be in the year of our
rotation. Lord
( 83 )
Lord One thousand eight hundred and thirty-seven, One-fourth of
the directors who shall have been so elected as aforesaid, (to he
determined by ballot among themselves,) shall go out of office,
and cease to be directors of the said Company, and an equal
number of persons who shall be proprietors, and respectively
possessed in their own right of Ten shares, at the least, in the
said Undertaking, shall be elected by the said Company to be
directors in their place and stead ; and at the general meeting to
be held in the month of February, which will be in the year
One thousand eight hundred and thirty-eight, One-third of the
remaining directors who shall have been so primarily elected as
aforesaid, (to be determined as aforesaid,) shall go out of office,
and cease to be directors of the said Company, and their places
be supplied in like manner; and at a general meeting to be held
in the month of February, which will be in the year of our Lord
One thousand eight hundred and thirty-nine, One-half of the
remaining directors who shall have been so primarily elected as
aforesaid, (to be determined as aforesaid,) shall go out of office,
and cease to be directors of the said Company, and their places
be supplied in like manner; and at a general meeting to be held
in the month of February, which will be in the year of our Lord
One thousand eight hundred and forty, the remaining directors
who shall have been so primarily elected as aforesaid, shall
go out of office, and cease to be directors of the said Com¬
pany, and their places be supplied in like manner; and at the
general meeting to be held in the month of February in every
sub,sequent year, One-fourth of the directors who shall have been
longest in office shall go out of office, and cease to be directors
of the said Company, and their places be supplied in like manner:
Provided always, that the places of directors shall be so supplied
as that Eight at the least of the directors for the time being of the
said Company shall always consist of proprietors residing in or
within Twenty miles of London, and Eight at the least of pro¬
prietors residing in or within Twenty miles of Bristol.
Provided always, and be it further Enacted, That every
director who shall go out of office on any annual day of election,
may be immediately, or at any future time, re-elected by the
said Company a director of the said Company ; and after such
re-election, he shall with reference to the going out by rotation
be considered as a new director.
Directors
going out of
office re-eli¬
gible.
Provided always, and be it further Enacted, That if at any General
such general meeting there shall not, within Two hours from the choo^'i"^ dI-
time
( 84 )
rectors to time appointed for such meeting, be Forty persons present, per-
persons pos- sonally or hy proxy, who shall in the whole be entitled to vote in
sessed of respect of at least Two thousand shares, no choice of directors
shares. shall be made, nor shall any business be transacted, but in such
case there shall be another meeting of the said Company at the
same place at the expiration of Fourteen days from that time ;
and if such sufficient number of proprietors, personally or by
proxy, shall not then attend thereat, such meeting shall stand
adjourned to the following day ; and in case such number of
persons qualified as aforesaid shall not then be present, the
directors for the time being shall continue to act, and have the
same powers as they had and were possessed of, until new
directors shall be appointed at the general meeting which shall be
held in the month of February of the following year.
For supply- ^nd be it further Enacted, That when arid so often as any
among Di-68 director of the said Company shall die or shall resign, or shall
rectors. become disqualified or incompetent to act as a director, or shall
cease to be a director by any other cause than that of going out
of office by ballot or rotation as aforesaid, it shall be lawful for
the remaining directors, if they shall think proper so to do, to
elect some other proprietor duly qualified to be a director; and
every such proprietor so elected to fill up any such vacancy shall
be a member of the same committee, and shall continue in
office as a director so long only as the person in whose place or
stead he may be elected would have been entitled to continue
had he lived and remained in office.
No person Provided nevertheless, and be it further Enacted, That no
capable offfiCe Person holding any office or place of trust or profit under the
being Di- said Company, or being concerned or interested in any contract
with the said Company, shall be capable of being chosen a
director of the said Company, nor shall any director be capable
of accepting any other office or place of trust or profit under
the said Company, or of being concerned or interested in any
contract with the said Company during the time he shall be
a director of the said Company ; and if any director of the said
Company shall at any time subsequently to his election accept
or continue to hold any other office or place of trust or profit
under the said Company, or shall either directly or indirectly be
concerned in any contract with the said Company, or shall par¬
ticipate in any manner in any work to be done for the said Com¬
pany, or shall at any time cease to be a proprietor of Ten
shares in the said Undertaking, the office of such director shall
thereupon
rector.
( 85 )
thereupon become vacant, and he shall thenceforth be disquali¬
fied from voting or acting as a director.
. And be it further Enacted, That the directors for the time Powers nnd
being; of the said Company shall superintend all the affairs duties °f
o i »/ i _ Directors.
thereof, and have power to use the common seal of the said
Company on their behalf, and shall have full power and autho¬
rity to do all acts whatsoever for carrying into effect the pur¬
poses of this Act, and for the management regulation and
direction of the affairs of the said Company or relative thereto,
which the said Company are by this Act authorized to do, ex¬
cept such as are herein required and directed to be done at some
general or special general meeting of the said Company ; and
the said directors shall appoint and displace all the officers and
servants of the said Company, and allow to them such salaries,
gratuities or recompences as to the said directors shall seem
proper; and the said directors shall have authority to meet and
adjourn from time to time and from place to place, such places
being London or Bristol, or within the distance of Ten miles
from the line of the said Railway, as they shall think proper,
and there shall be Eight directors at the least present in order
to constitute a meeting, and all questions matters and things
which shall be discussed or considered at any meeting of the
directors shall be finally determined by the Majority of votes then
present; and no director, although possessed of many shares in
the said Undertaking, shall have more than One vote at any
such meeting, unless he be the chairman of such meeting, in
which case he shall, if there shall happen to be an equal divi¬
sion, always have a decisive or casting vote as such chairman ;
and the said directors shall keep a regular minute and entry of
their proceedings at every meeting of the said directors, and the
said directors shall also keep full and true accounts of all monies
disbursed and payments made by the said directors and by all
persons employed by or under them, and of all money which
they shall receive on behalf of or in respect of such Undertaking
from any collector of the rates tolls or sums by this Act granted,
or from any other officer or person employed in or having any
concern, dealing or transaction with the said Undertaking, or
from any other person on any account for the use of the said
Company, and shall regularly enter into some books to be from
time to time provided at the expence of the said Company for
that purpose, notes, minutes or copies, as the case shall require,
of such appointments receipts and disbursements, and of all con¬
tracts and bargains entered into or made by them, and of other
. 6. y their
C 86 )
their orders and proceedings, and which books shall be deposited
with and kept under the care and direction of the said directors :
Provided always, that it shall not be lawful for the said directors
to fix or order what remuneration shall be allowed to the direc¬
tors of the said Company ; provided also, that the said directors
shall, and they are hereby required to take sufficient security
from every person who shall be appointed treasurer of the said
Company, and from every receiver, collector or officer of the
said Company, who shall have the custody or control of any
money received by virtue of this Act, for the faithful execution
of his office before he shall enter thereupon.
Meetings of And be it further Enacted, That at the first meeting of directors
hlooserom- shall be held after the passing of this Act, and at the first
mittees. meeting of the directors which shall be held next after the first
appointment of directors under the provision herein contained,
and at the first meeting of directors which shall be held next
after the half-yearly meeting in the month of February in each
year, except the year One thousand eight hundred and thirty-
six, the directors present at such meeting of directors shall
choose out of the directors of the said Company Two com¬
mittees, each of which committees shall consist of Twelve
directors, and one of such committees shall be called The London
Committee, and the other The Bristol Committee, and of the Lon¬
don Committee Eight members at the least shall be directors
residing in or within Twenty miles of London, and the other
Four members shall be unrestricted as to place of residence ;
and of the Bristol committee Eight members, at the least, shall
be directors residing in or within Twenty miles of Bristol, and
the other Four members shall be unrestricted as to place of
residence ; and such committees respectively shall have full power
and authority to enter into and make any contracts or agree¬
ments on behalf of the said Company, and to hire and employ
any agents, surveyors, workmen or servants in or about the said
Undertaking, and to do execute and perform all other matters
and things whatsoever in or about the said Undertaking, which
the said directors shall from time to time think proper to intrust
to the care and management of such committees respectively
(save and except nevertheless the making of calls for money upon
the proprietors of the said Undertaking), and such committees
respectively shall have power to meet from time to time and to
adjourn from place to place, as they shall think proper and as
occasion shall require, for effecting the purposes aforesaid ; and
all powers and authorities hereby vested in, or which shall, by
6. the
( 87 )
the said directors, be confided to any such committee within the
intent and meaning of this Act, shall and may be exercised
by Five of the members present at the respective meetings of
such committee; and at all meetings of the said committees one
of the members present shall be appointed chairman, and all
questions shall be determined by a majority of the members
present, and the chairman shall be entitled to vote on all ques¬
tions, and in case of an equal division of votes upon any subject
entertained by the said committee, shall have an additional or
casting vote.
And be it further Enacted, That it shall be lawful for the said Committees
London committee and Bristol committee respectively from time m<lvaPPoint
. . ! / . sub-commit-
to time to nominate and appoint out ot their own body a sub- tees,
committee, or sub-committees, who shall have full power and
authority to do execute and perform all such and so many of the
matters and things which the said committees are hereby autho¬
rized to do, or which shall be confided to them by the said
directors, as the said committees respectively shall think proper to
delegate and confide to such sub-committees respectively ; and it
shall be lawful for the said London committee and Bristol com¬
mittee respectively, by an order or resolution for that purpose,
to break up and dissolve any sub-committee which shall have
been appointed by them respectively, or to remove and displace
any member or' such sub-committee, and to appoint another in
its place and stead when and as often as such committees respec¬
tively shall think proper, and such sub-committees respectively
shall have power to meet from time to time, and to adjourn from
place to place, as they shall think proper, and as occasion shall
require, tor effecting the purposes aforesaid ; and at all meetings
of the said sub-committees, one of the members present shall be
appointed chairman, who shall be entitled to vote on all questions,
and in case of an equal division of votes upon any subject enter¬
tained by the said sub-committee, shall have an additional or
casting vote.
And be it further Enacted, That all contracts and agreements contracts to
in writing relating to the affairs of the said Company, which b? signed by
shall be signed by any Three of the directors of the said Com- ™gree Direc"
pany, shall be binding on the said Company and all other parties
thereto, their respective successors, heirs, executors and adminis¬
trators ; and actions and suits may be maintained thereon, and
damages and costs recovered by or against the said Company, or
any of the other parties thereto, failing in the execution thereof.
And
( 8S )
And be it further Enacted, That the orders and proceedings
of all meetings, as well general as special, of the said Company,
and of the said directors and committees respectively, shall be
entered in some book or books to be provided and kept for that
purpose, and shall be signed by the chairman of such respective
meetings; and such orders and proceedings, when so entered
and signed, shall be deemed original orders and proceedings,
and shall be allowed to be read in evidence in all courts, and
before all judges justices and others, and that without due proof
of such respective meetings having been duly convened, or of the
persons making or entering such orders or proceedings being pro¬
prietors, or being directors or members of the committee, or of
the signature of such chairman, as the case may be, all of which
last-mentioned acts shall be presumed.
Directors to And be it further Enacted, That the said directors shall
counts^o be cause a book to be kept by a book-keeper, who shall be
kept. expressly appointed by the said directors for that purpose, and
who shall enter or cause to be entered in the said book
true and regular accounts of all sums of money received and
expended for or on account of the said Undertaking, and of the
several articles matters and things for which such sums of
money shall have been disbursed and paid, and such book
shall at all reasonable times be open to the inspection of the
respective loan creditors for money advanced and lent for the
purposes of this Act, without fee or reward, and the said loan
creditors, or any of them, may take copies of or extracts from
the said book without paying anything for the same; and
in case the said book-keeper shall refuse to permit, or shall
not permit such loan creditors, or any of them, to inspect
such book or to take such copies or extracts as aforesaid,
such book-keeper shall forfeit and pay for every such offence any
sum of money not exceeding Twenty pounds, to be levied and
applied in the same manner as other penalties are by this Act
directed to be levied and applied.
Chairman And be it further Enacted, That at the first meeting of
chairman'of directors which shall be held after the passing of this Act, and
directors to at the first meeting of directors which shall be held next after
be appointed, tpe £rst appointment of the said directors under the provision
herein contained, and at the first meeting of the directors which
shall be held next after the half-yearly meeting in the month of
February in each year, except the year One thousand eight
hundred and thirty-six, the directors present at such meeting of
directors
Orders and
proceedings
to be entered
in a book.
( 89 )
directors shall choose out of the directors of the said Company
a chairman and deputy chairman of the said directors, and the
chairman for the time being of the said directors shall have the
custody of the common seal of the said Company : Provided
always, that when and so often as the chairman or deputy
chairman to be chosen by virtue of this Act shall die, or resign,
or become disqualified to act, or otherwise cease to be a director,
it shall be lawful for the directors present at the meeting next
after such vacancy shall have occurred, to choose some other of
the said directors to be chairman or deputy chairman, to be
chosen as last aforesaid to nil such vacancy, who shall con-,
tinue in such office so long only as the person in whose place or
stead he may be so elected would have been entitled under the
provisions of this Act to continue if such vacancy had not
happened.
And be it further Enacted, That at all general and special At meetings'
general meetings of the said Company, the chairman of the said oftl,e Com-
• • • • nanv chsir-
directors, or in his absence the deputy chairman of the said man'orde
directors, or in his absence some one of the directors of the said puty chair-
Company to be chosen at any such meeting, or in the absence of ™rSntofprefC
all the directors, any proprietor to be chosen at such meeting shall side,
preside as chairman ; and such chairman, in case of an equal
division of votes upon any subject entertained at any such meet¬
ing, shall in addition to his own votes in respect of the shares
held by him, and in respect of the shares of any other proprietor
whose proxy he may hold, have an additional or casting vote as
chairman. '
And be it further Enacted, That Robert Bright, Henry Bush, First direc-
John Cave, Ralph Fenwick, Charles Bowles Fripp, George Henry |?rs of the
Gibbs, Robert Frederic Gower, Riversdale William Grenfell, °mpa"y'
Thomas Richard Guppy, John Harford, Robert Hopkins the
younger, William Singer Jacques, George Jones, James Lean,
Peter Maze, Edward Wheler Mills, Thomas Pycroft, Frederic
Ricketts, Nicholas Roch, Robert Scott, Benjamin Shaw, Henry
Simonds, William Unwin Sims, William Tile, William Tothill,
John Vining, Charles Ludlow Walker, George Wildes, John
Winwood, John Woolley, and the survivors and survivor of them,
or such of them as shall continue to act, shall be the first
directors of the said Company, and shall continue in office
until the first general meeting of the said Company to be
held in pursuance of this Act, and they tfye said directors
hereinbefore named shall and they are hereby required to fix
6. z the
( 90 )
the time of such first general meeting within the limit herein¬
before prescribed, and to give notice thereof in the manner
hereinbefore prescribed with respect to general meetings of the
said Company, and until such first general meeting shall be
holden, and such Twenty-four directors shall have been duly
elected as hereinbefore prescribed, the said directors herein
named, or the survivors or survivor of them, or such of them as
shall continue to act, shall and lawfully may allot the shares re¬
maining undisposed of in the said Undertaking as to the said
directors shall seem fit, and shall and may exercise all other
powers and authorities which are by this Act given to or which
may be exercised by the directors who may be elected in pur¬
suance hereof at the first or any subsequent annual general meet»
ing of the said Company.
No person to
hold the
offices of
Secretary or
Clerk and
Treasurer at
the same
lime.
Officers to
account.
Provided always, and be it further Enacted, Tnat it shall not
be lawful for the said directors to appoint any person who may
be appointed a secretary or clerk in the execution of this Act, or
the partner of such secretary or clerk, or any person in the service
or employ of such secretary or clerk, or of his partner, to be a
Treasurer for the purposes of this Act; or to appoint any person
who may be appointed a treasurer, or the partner of such treasurer,
or any person in the service or employ of such treasurer, or of his
partner, to be a Secretary or Clerk of the said Company for the
purposes of this Act; and if any person shall accept both the
offices of secretary or clerk and treasurer, for the purposes of this
Act, or if any person being the partner of such secretary or clerk,
or in the service or employ of such secretary or clerk, or of his
partner, shall accept the office of treasurer, or shall act as deputy
of the treasurer, or in any manner officiate for the treasurer, or
being the treasurer, or the partner of such treasurer, or in the
service or employ of such treasurer, or of his partner, shall accept
the office of secretary or clerk in the execution of this Act, or
shall act as deputy of such secretary or clerk, or in any manner
officiate for such secretary or clerk, or if any such treasurer shall
hold any place of profit or trust under the said Company other
than that of treasurer, every person so offending shall for every
such offence forfeit and pay the sum of One hundred pounds to
any person who shall sue for the same, to be recovered, with full
costs of suit, by action of debt or on the case, in any of His
Majesty's courts of record at Westminster.
And be it further Enacted, That every officer and person who
shall be appointed or employed by virtue of this Act, shall from
6. time
( 91 )
time to time, when thereunto required by the said Company, make
out and deliver to the said Company, or to such persons as they
shall for that purpose appoint, a true and perfect account in
writing under his hand of all monies which shall have been by
him received by virtue of this Act, and such account shall state
how, and to whom and for what purpose the same shall have been
disposed of, together with vouchers and receipts for such pay¬
ments ; and every such officer or person shall and is hereby re¬
quired to pay all such monies as upon the balance of such account
shall appear to be owing from him to the said Company, or to
such persons as the said Company shall appoint to receive the
same ; and if any such officer or person shall refuse or neglect to
render such account, or to produce and deliver up the vouchers
and receipts relating to the same, or to pay the balance thereof
when thereunto required in manner aforesaid, or shall refuse or
neglect to deliver up to the said Company, or to such persons as
they shall appoint, within Three days after being thereunto re¬
quired by the said Company, or by such other persons as last
aforesaid, all books papers and writings in his possession or
power relating to the execution of this Act, then and in every
such case, complaint being made thereof by the said Company,
or by any other person on their behalf, to any Justice of the Peace
acting within his jurisdiction, such Justice may and he is hereby
required by warrant under his hand and seal to cause such officer
or person to be brought before him, and upon his appearing, or
not being to be found, to hear and determine the matter of such
complaint in a summary way, and to settle the said account if
produced in such manner as the said Company might have done ;
and if upon the confession of the officer or person against whom
such complaint shall be made, or by the oath of any credible
witness, or by the solemn affirmation of any person being a
Quaker, it shall appear to such Justice that any of the monies
which shall have been collected and received shall be in the hands
of or be owing from such officer or person, such Justice may and
he is hereby empowered, upon non-payment thereof, by warrant
under his hand and seal, to cause such money to be levied by
distress and sale of the goods and chattels of such officer or per¬
son, and if sufficient goods or chattels shall not be found to
answer and satisfy the said monies and the charges of taking and
making such distress, and of selling the same, or if such officer
or person shall not appear before such Justice at the time and place
appointed for that purpose, or if appearing, shall refuse or neglect
to make out and deliver to such Justice such account in writing as
aforesaid,
( 92 )
aforesaid, or to produce and deliver to the said Justice the several
vouchers and receipts relating to such accounts, or to deliver up
such books, papers and writings, or to pay the balance due as
aforesaid, then and in any of the cases aforesaid the said Justice
may and he is hereby required by warrant under his hand and
seal to commit such officer or person to some Common Gaol or
House of Correction within his jurisdiction, there to remain
without bail or mainprize until he shall have made out and deli¬
vered such account, and have delivered up the vouchers and
receipts (if any) relating thereto, and have delivered up such
books papers and writings (if any) as aforesaid, and shall have
paid all the money which shall appear to be in the hands of or
owing from him, and the reasonable charges of such distress and
sale as shall in that respect have been made, or until he shall
have compounded with the said Company for such money and
charges, and have paid the composition money to the said Com¬
pany (and which composition the said Company are hereby
empowered to make), or have given satisfaction in respect of
such vouchers, receipts, books, papers and writings to the said
Company : Provided always, that no person who shall be'com¬
mitted for want of; sufficient distress only shall be detained in
prison for any longer space of time than Six calendar months.
Company And be it further Enacted, That the said Company, at some
empowered general or special general meeting of the said Company, shall have
bye-laws. power and authority from time to time to make such bye-
laws orders and rules as to them shall seem expedient for the
good government of the affairs of the said Company, and for
regulating the proceedings and remunerating and reimbursing
the expences of the said directors, and for the management of
the said Undertaking, and of the officers and servants of the
said Company, in all respects whatsoever, and from time to time
to alter or repeal such bye-laws orders and rules, or any of them,
and to make others, and to impose and inflict such reasonable
fines and forfeitures upon all persons offending against the same
as to the said Company shall seem meet, not exceeding the sum
of Five pounds for any one offence, such fines and forfeitures
to be levied and recovered as any penalty may by this Act be
levied and recovered; which said bye-laws orders and rules,
being reduced into writing under the common seal of the said
Company, shall be printed and published, and such bye-laws
orders and rules, except such as shall relate solely to the pro¬
prietors or directors of the said Company, or to any of their
officers
( 93 )
officers or servants, shall be painted on boards and hung up and
affixed and continued on the front or other conspicuous part of
the several toll-houses to be erected on the said Railway, and
other buildings or places at which any rates or tolls shall be col¬
lected or paid under the authority of this Act, and which boards
shall from time to time be renewed as often as the same or anv
part thereof shall be obliterated or destroyed ; and such bye-
laws orders and rules shall be binding upon and be observed
by all parties, and shall be sufficient in all courts of law or
equity to justify all persons who shali act under the same, pro¬
vided that such bye-laws orders or rules be not repugnant to the
laws of that part of the United Kingdom of Great Britain and
Ireland called England, or to any directions in this Act con¬
tained ; and all such bye-laws orders and rules shall be subject
to appeal in manner hereinafter mentioned.
And be it further Enacted, That the said Company shall and Accountsto
they are hereby required to cause a true and particular account be "nade UP
to be kept, and to be made up twice in every year, that is to d "yedryv
say, on the Thirtieth day of June and the Thirty-first day of
December, of the money received by or for the use of the said
Company, by virtue of this Act, and of the charges and expences
attending the making maintaining and carrying on the said Un¬
dertaking, and of all other the receipts and expenditure of the
said Company up to those periods respectively, which accounc
shall be laid before the half-yearly general meetings of the said
Company, hereinbefore directed to be held in the months of
August and February respectively : Provided always, that if the
account so to be laid before any half-yearly general meeting
shall not be considered satisfactory by such meeting, then
and in such case the said meeting shall have power to appoint
a committee of inspection, to consist of Five proprietors, each
of whom shall hold at, least Ten shares in the said Under¬
taking, who shall examine into such account, and report thereon
to a future meeting of the said Company, to be held for that
purpose by adjournment or otherwise; and for the purpose of
such examination, the said directors shall on demand, at all con¬
venient times, cause to be produced to the said committee, or
any Three members thereof, all books of accounts vouchers
and documents in the possession or power of the said directors,
relating to the affairs of the said Company.
6. a a And
( 94 )
Dividend to And be it further Enacted, That it shall be lawful for the said
e declared, company} an(] they are hereby empowered from time to time at
any half-yearly general meeting, or at a special general meeting
to be called for that purpose, to declare and make a dividend
out of the clear profits of the said Undertaking ; and such divi¬
dend shall be after the rate of so much per share upon the
several shares held by the members of the said Company in the
joint stock thereof: Provided always, that such dividends shall
not be made oftener than quarterly, and no dividends shall be
made exceeding the net amount of clear profit at the time being
in the hands of the said Company, nor whereby the capital of
the said Company shall in any degree be reduced or impaired,
nor shall any dividend be paid in respect of any share after a day
appointed for payment of any call of money in respect thereof,
until such call shall have been paid.
Names of And be it further Enacted, That the said Company shall and
proprietors they are hereby required, at their first or some subsequent
to be entered • •• •
and certifi- ' general meeting, and afterwards from time to time, as occasion
cates of their mav require, to cause the names of the several corporations, and
delivered to ^ie names and additions of the several persons who shall then
them. be or who shall from time to time thereafter become entitled to
shares in the said Undertaking, with the number of shares
which they are respectively entitled to, and the amount of the
subscriptions paid thereon, and also the proper number by
which every share shall be distinguished, to be fairly and dis¬
tinctly entered in a book to be kept by the said Company,
and after such entry made to cause their common seal to be
affixed thereto ; and the said Company shall from time to time
cause a certificate or ticket, with the common seal of the said
Company affixed thereto, to be delivered to every such proprietor
on demand, specifying the share or shares to which he is entitled
in the said Undertaking, such proprietor paying to the said Com¬
pany the sum of Two shillings and Sixpence and no more for every
such certificate or ticket; and such certificate or ticket shall be
admitted in all courts whatsoever, as primA facie evidence of the
title of such respective proprietors, their successors, executors,
administrators or assigns, to the share or shares therein specified,
but the want of such certificate or ticket shall not hinder or prevent
the proprietor of any of the said shares from selling or disposing
thereof; and such certificate or ticket may be in the words or to
the effect following, (that is to say)
6. " The
( 95 )
" The Great Western Railway Company. FormofCer-
Number tificate-
These are lo certify, That A. B. of
is the proprietor of the share [or shares] numbei;
of The Great Western Railway Company, sub¬
ject to the rules, regulations and orders of the said
Company.
Given under the common seal of the said Company the
day of in the year of our Lord
And be it further Enacted, That if any such certificate or For granting
ticket as aforesaid shall be worn out, damaged, lost or destroyed, new certifi-
then upon due proof thereof, to the satisfaction of the said c^es wlie,n
• . ' • OlO OI16S
Company, a similar certificate or ticket shall be given to the stroked or
proprietor of the share in repect whereof the certificate or ticket worn out.
so worn out, damaged, lost or destroyed was granted, the said
Company receiving for every such certificate or ticket which
shall so be given or exchanged the sum of Two shillings and
Sixpence, and no more.
And be it further Enacted, That the said Company shall, in
some proper book to be provided by the said Company for that emerand
purpose, enter and keep a true account of the places of abode of keep list of
the several proprietors of the said Undertaking, and of the shares*01"8 °f
several persons and corporations who shall from time to time
become proprietors thereof, or be entitled to any share therein,
and every proprietor of the said Undertaking (or in the case of a
corporation, the clerk or agent of such corporation duly appointed)
may at all convenient times have recourse to and peruse such
book gratis, and may demand and have copies thereof, or of any
part thereof, paying at and after the rate of Sixpence for every
One hundred words so copied.
AND whereas by the death of, or by other events happening Forasr„r
to proprietors, or by tiie marriage of female proprietors of shares taining pr<>-
in the said Undertaking, it may be difficult to ascertain to whom pnetorsinp
such shares, or the dividends arising or becoming due upon such casse 111
shares, may belong or ought to be paid ; BE it therefore Enacted, deaths, &c.
That in all cases when the right of property in any share in the [he°payment
said Undertaking shall pass from any proprietor thereof to any of dividends
other person or corporation, by any other legal means than by a ,n oi
transfer or conveyance thereof duly made and executed as herein- 1
before directed, an affidavit or affirmation in writing shall be
made
( 96 )
made and sworn to, or in the case of Quakers affirmed to, by
some credible person, before some Master or Master Extra¬
ordinary in the High Court of Chancery, or any of His
Majesty's Justices of the Peace, stating the manner in which
such share hath been passed to such other person or corporation ;
and such affidavit or affirmation shall be transmitted to the said
Company, who shall thereupon enter and register the name of
every such new proprietor in the register book or list of pro¬
prietors of the said Company ; and the said Company shall be
entitled to receive for each such entry as is hereinbefore directed,
the sum of Two Shillings and Sixpence and no more; and the
said Company shall not be bound to see to the execution of any
trust, whether express or constructive, to which any such share
shall be subject or liable ; and before such affidavit or affir¬
mation shall have been transmitted, and such entry made as
aforesaid, no person or corporation to whom any such share shall
have passed as aforesaid, shall be entitled to receive any part of
the profits of the said Undertaking, or to vote or exercise any
of the privileges of a proprietor in respect of such share : Pro¬
vided always, that before any person who shall claim any part
of the profits of the said Undertaking in right of marriage with
any female proprietor shall be entitled to receive the same, or
be entitled to vote in respect of any share, an affidavit, or in the
case of a Quaker, an affirmation, in writing, containing a copy
of the register of such marriage, or other particulars of the
celebration thereof, and identifying the wife as the proprietor of
the share in respect whereof any such claim may be made, shall
be made and sworn to, or affirmed to by some credible person
before some Master or Master Extraordinary in the High Court
of Chancery, or any of His Majesty's Justices of the Peace, and
shall be transmitted to the said Company, who shall file the same
and make an entry thereof in the book which shall be kept for
the entry of transfers or sales of shares in the said Undertaking;
and before any person or corporation who shall claim any of the
profits of the said Undertaking by virtue of any bequest or will
in the course of administration shall be entitled to receive the
same, or be entitled to vote in respect of any share, the said
will, or the probate thereof, or the letters of administration, shall
be produced and shown to the said Company.
To compel And be it further Enacted, That the several parties who have
payment of subscribed, or who shall hereafter subscribe, for or towards the
subscriptions. Undertaking, shall and they are hereby required to pay the
sums of money by them respectively subscribed for,, or such
parts
( 97 )
parts or proportions thereof as shall from time to time be called
for by the directors of the said Company, under and by virtue
of the powers of this Act, at such times, and at such places, and
to such person, as shall he directed by the said directors ; and
in case any party shall refuse or neglect to pay as aforesaid the
money by him so subscribed for, or the part thereof so called
for, it shall be lawful for the said Company to sue for and
recover the same in any court of law or equity, together with
interest on such unpaid sum of money, at the rate of Five
pounds per centum per annum, from the time when the same
was directed to be paid as aforesaid, up to the day of actual
payment thereof.
And be it further Enacted, That it shall be lawful for the Powers to
several proprietors for the time being of the said Undertaking, [ionbbad-P
and they are hereby empowered, whether before or after any call vance; in-
shall have been paid in respect of any shares held by them
respectively, to pay in advance, in case the directors shall think amount in
proper to accept the same, which they are hereby authorized to do, advance,
to such person as the said directors shall appoint, the respective
sums of money by them respectively subscribed for, or such part
or proportion thereof as shall be wanting (over and above the
amount, if any, actually paid in respect of such shares) to make
up the full sum of One hundred pounds in respect of each such
share; and the said Company shall and they are hereby required
to pay interest at such rate not exceeding the rate of Four pounds
for every One hundred pounds by the year upon the principal
monies which shall have been so paid in advance, or for so much
thereof as shall from time to time exceed the amount of the calls
which shall have been made upon the shares in respect of which
such money shall have been paid in advance as aforesaid, as the
subscriber paying such sum in advance, and the directors for the
time being of the said Company shall agree upon.
And be it further Enacted, That the directors to be ap- power of
pointed, as aforesaid shall have power from time to time to directors to
iTi&kc call*
make such calls of money from the subscribers to, and proprie¬
tors of the said Undertaking for the time being, to defray
the expences of and to carry on the same as they from time to
time shall find necessary, so that the aggregate amount of calls
made or money paid for or in respect of any such shares shall
not amount to more than the sum of One hundred pounds on any
such share, and so that no such call shall exceed the sum of Ten
pounds upon each share, which any person or corporation shall
6. b b be
( 98 )
he possessed of or entitled unto in the said Undertaking, and
that the total amount of such calls in any one year shall not
exceed Forty pounds upon each share, and an interval of
Three calendar months at the least shall elapse between the
day appointed for payment of one call and the day appointed
for payment of another call, and Twenty-one days notice at the
least shall he given of every such call, hy advertisement inserted
in Two or more London newspapers and in Two or more Bristol
newspapers aforesaid, and all monies so called for, shall be paid
to such persons at such times and places and in such manner
as in the said notice shall be appointed, and the respective owners
of shares in the said Undertaking, shall pay their rateable pro¬
portion of the monies to be called for as aforesaid, to such persons
and at such times and places and in such manner as shall he
appointed as aforesaid ; and if any owner or proprietor for the
time being of any such share shall not so pay such his rateable
proportion, then and in such case and as often as the same shall
happen, he shall pay interest for the same after the rate of
Five pounds per centum per annum, from the day appointed
for the payment thereof up to the time when the same shall be
actually paid ; and if any owner or proprietor for the time
being of any such share shall neglect or refuse lo pay such his
rateable proportion, together with interest, if any, then or at any
time thereafter it shall be lawful for the said Company to sue for
and recover the same in any of His Majesty's Courts of Record
by action of debt or on the case, or by bill suit or information;
or the said directors may and they are hereby authorized to
declare the shares belonging to such owner to be forfeited, and
to order such shares to be sold : Provided nevertheless, that no
advantage shall be taken of any forfeiture of any share in the
said Undertaking, until notice in writing, under the hands of
Two directors, or under the hand of a secretary or clerk of the
said Company, that such share hath been declared forfeited,
shall have been given or sent by the post unto, or delivered to
some inmate of the last known usual place of abode of the
owner of such share, nor until the declaration of forfeiture of
the said directors shall have been confirmed either at a general
or special general meeting of the said Company, such general or
special general meeting being held after the expiration of Three
calendar months at the least from the day on which such notice
of forfeiture shall have been given as aforesaid ; and after such
declaration of forfeiture shall have been confirmed by such
general meeting or special general meeting, the said Company,
by an order to be made at the same or at any subsequent general
meeting
( 99 )
meeting or special general meeting, shall have power to direct
the said directors to dispose of the shares so forfeited, or any of
them, in manner by this Act directed ; and the said directors may
in that case sell and dispose of such shares at a public auction, or
by private contract, and together or in lots, or in such other
manner and for such price as they may think fit; and an affidavit
sworn, or in the case of a Quaker, an affirmation affirmed to by
some credible person not interested, before any Justice of the
Peace, or before any Master or Master Extraordinary in the
High Court of Chancery, stating that such call had been made
by the said directors, and that such notice had been given, and
that such default in payment had been made in respect of the
share so sold, and that the same share had been declared to be
forfeited, and that such declaration had been confirmed in manner
hereinbefore mentioned, shall be sufficient evidence of the facts
therein stated, and the purchaser of such share shall not be bound
to see to the application of his purchase-money, nor shall his
title to such share be affected by any irregularity of proceeding
in reference to such sale, but such affidavit and the receipt of the
treasurer of the said Company for the price of such share shall
be sufficient evidence of title thereto for all purposes whatsoever.
And be it further Enacted, That in case the money produced If purchase-
by the sale of any share which shall be forfeited by reason of the
non-payment of any call, as aforesaid, shall be more than suffi- shares be
cient to pay all arrears of calls as aforesaid, and legal interest
thereon as aforesaid, and the expence attending the sale thereof, pay the
the surplus of such purchase-money shall on demand be paid to arrears of
the party to whom such forfeited share shall have belonged : surplu^to be
Provided always, that it shall not be lawful for the said Company, paid to the
or for the said directors to sell or transfer more of the shares of ow"erfof
such shares
such defaulter under the powers last hereinbefore contained than
shall be sufficient, as near as may be at the time of such sale, to
pay the arrears of calls due from such defaulter, and the interest
and expences as aforesaid, and from and after payment of such
arrears of calls and the interest and expences aforesaid, any share
vested in the said Company as aforesaid which shall remain in
their hands unsold, shall revert to and again become the pro¬
perty of the party to whom such share shall have belonged
immediately before such forfeiture as aforesaid, in such manner
as if such calls had been duly paid.
And be it further Enacted, That in any action to be brought Proceedings
by the said Company against any proprietor for the time being of ^)ra^sns
any °r C* "*
( 100 )
any share in the said Undertaking, to recover any money due and
payable for or in respect of any call, it shall be sufficient for the
said Company to declare and allege that the defendant being a pro¬
prietor of a share in the said Undertaking, is indebted to the said
Company in such sum of money as the calls in arrear shall amount
to, for a call or so many calls of such sums of money upon a share
belonging to the said defendant, whereby an action hath accrued
to the said Company by virtue of this Act, without setting forth
the special matter; and on the trial of such action it shall only
be necessary to prove that the defendant at the time of making
such respective calls was a proprietor of a share in the said
Undertaking, and that such call was in fact made, and that such
notice was given as is directed by this Act, without proving the
appointment of the directors who made such calls, or any other
matter whatsoever; and the said Company shall thereupon be
entitled to recover what shall appear due, including interest,
computed as aforesaid, on such calls, unless it shall appear that
any such call exceeded Ten pounds per share, or was made
payable before the expiration of Three calendar months from
the day appointed for payment of the last preceding call, or that
notice was not given as hereinbefore required, or that calls
amounting to more than Forty pounds in the whole had been
made in some one year ; and in order to prove that the defendant
was a proprietor of such share in the said Undertaking as alleged,
the production of the book in which the said Company is by
this Act directed to enter and keep the names and additions of
the several proprietors from time to time of shares in the said
Undertaking, with the number of shares they are respectively
entitled to, and of the places of abode of the several proprietors
of the said Undertaking, and of the several persons and cor¬
porations who shall from time to time become proprietors
thereof, or be entitled to shares therein, shall be prima facie
evidence that such defendant is a proprietor, and of the number
and amount of his shares therein.
For ascer- AND whereas in cases in which proprietors of shares in the
proprietor- sa^ Undertaking shall die, or marry being females, or become
ship of shares insolvent or bankrupt, or go out of the kingdom, or shall transfer
deafhs *&c tl,eir right and interest therein to other persons, and no registers
in order to shall have been made of the transfer thereof with the clerk of
the making saj(] Company, it may not be in the power of the said Com-
spect of'such Pany to ascertain who are the proprietors of such shares in order
shares. to give to them, or to their respective executors, administrators,
husbands, successors or assigns, notice of calls to be made on
such
( 101 )
such shares, or to maintain actions suit* or other proceedings
against them, or against their respective executors, administrators,
husbands, successors or assigns, for the recovery of the same;
BE it therefore Enacted, That in all cases where the right of
property in any share in the said Undertaking shall pass from
the original proprietor thereof to any other person or corporation
by any other legal means than by a transfer or conveyance
thereof duly made and executed as herein provided, and such
affidavit or affirmation as is hereinbefore in that behalf directed,
shall have been transmitted to the said Company, then and in any
of the cases aforesaid, after Twenty-one days notice in writing
shall have been given under the hands of Two directors, or under
the hand of a secretary or clerk of the said Company to the
person or corporation, stated or claiming in such affidavit or
affirmation to be the then proprietor of such share, or delivered
to some inmate of the last or usual known place of abode of such
person, or of the clerk of such corporation, or published in some
one or more London, and in some one or more Bristol news¬
papers, to pay his or their proportion of money to be called for,
and such person or corporation shall not have paid such his or
their proportion as aforesaid, it shall be lawful for the said Com¬
pany at any general meeting, or special general meeting, after
the expiration of such notice, to declare every such share to be
forfeited, and in such case the same shall become forfeited and
shall and may be sold and disposed of in such manner on such
evidence of title, and with such powers and with such indemnity
to purchasers as in other cases of sales of shares forfeited for the
non-payment of calls thereon ; or such shares may, at the option
of the said Company, be consolidated in the general fund of the
said Company ; and in case there shall be no such affidavit or
affirmation made as aforesaid, then such notice as is hereinbefore
directed to be given shall be served upon or delivered to some
inmate of the last known place of abode of the executors or admi¬
nistrators of such proprietor so dying, or of the husband of such
female proprietor so marrying, or of the assignees or trustees of
such proprietor so becoming bankrupt or insolvent, or in the
event of the share having been disposed of as aforesaid of the
last proprietor appearing in the books of the said Company to
have been possessed of the same ; and in case the last or usual
place of abode of any such proprietor cannot be ascertained
upon inquiry, or in case the proprietor of the share shall be out
of the kingdom, such notice shall be inserted in The London
Gazette • and in all such cases and after such notices on default
being made, the said shares shall be forfeited, and mav be sold
O ' 1/
(i. c c or
( 102 )
or be consolidated with the general fund of the said Company in
manner aforesaid ; and the like evidence of title shall be sufficient
on any sale, and the like indemnity to the purchaser shall exist,
as in other cases of sales on account of the non-payment of calls:
Provided always, that in the cases of proprietors being abroad,
the shares shall not be forfeited until the expiration of Six
calendar months after the day on which such notice shall have
been inserted in The London Gazette as aforesaid.
Shares to be And be it further Enacted, That all the shares and proportions
sonaTestate" anc^ *n sa*^ Undertaking, or the joint stock or fund of the
said Company, shall, to all intents and purposes, be deemed per¬
sonal estate, and be transmissible as such, and shall not be
deemed to be of the nature of real property.
Proprietors^ And be it further Enacted, That it shall be lawful for the
sell the same, several proprietors of shares in the said Undertaking, and their
respective executors and administrators and successors, to sell
and dispose of any shares to which they shall be entitled therein,
subject to the rules and conditions herein mentioned; and the
form of conveyance of such shares may be in the following words,
or to the like effect, varying the names and descriptions of the
contracting parties as the case may require; (that is to say),
Form of " I, A. B. of in consideration of the sum
ofThaeryesnCe of paid to me by C. D. of
Do hereby assign and transfer to the said C. D. share,
numbered of and in the Undertaking called
'The Great Western Railway/ To hold unto the
said C. D. his executors administrators and assigns, [or,
successors and assigns], subject to the several condi¬
tions on which I held the same immediately before the
execution hereof; and I, the said C. D. do hereby agree
to accept and take the said share, subject to the condi¬
tions aforesaid. As witness our hands and seals the
day of
And on every such sale the deed or conveyance (being executed
by the seller and purchaser shall be kept by the said Company,
or by some secretary or clerk of the said Company, who shall
enter in some book to be kept for that purpose a memorial of
such transfer and sale, and indorse the entry of such memorial
on the said deed of sale or transfer, for which entry and indorse¬
ment the sum of Two shillings and Sixpence, and no more, shall
6. be
( 103 )
be paid to the said Company ; and the said Company, or some
secretary or clerk as aforesaid, is hereby required to make such
entry or memorial accordingly, and on demand to make an
indorsement of such transfer on the back of the certificate of
each share so sold, and deliver the same to the purchaser for his
security, for which indorsement no more than Two shillings and
Sixpence shall be paid ; and such indorsement, being signed by
such secretary or clerk, shall be considered in every respect the
same as a new certificate; and until such memorial shall have
been made and entered as before directed, the seller thereof shall
remain and be held liable for all future calls, and the purchaser
shall have no part or share of the profits of the said Undertaking,
nor any interest in respect of such share paid to him, nor any vote
in respect thereof, as a proprietor of the said Undertaking.
And be it further Enacted, That it shall be lawful for the Power to
said Company and they are hereby authorized to close the books £los® transfer
kept for entering memorials of transfers of shares for a period tain periods,
not exceeding Ten days before each of the half-yearly general
meetings of the said Company, and to fix a day for that purpose,
during which time the said Company shall not be bound to take
notice of any transfer which shall not have been registered
previously to the day fixed for closing the books ; but all such
transfers shall, as between the party claiming under the same
and the said Company, but not otherwise, be considered as made
subsequently to such half-yearly general meeting : Provided
always, that seven days notice at least of the day on which the
transfer books shall be closed, shall be given in one or more
public newspapers published in London and Bristol.
And be it further Enacted, That no person or corporation After a call
shall sell or transfer any share which he or they shall possess in I?ade' "°,
%/ i ihrtrp to hp
the said Undertaking, upon which any call shall have been made sold until
after the day appointed for the payment of the same, unless at cal1 Pa,d-
the time of such sale or transfer, he or they shall have paid the
full sum of money which shall have been called for in respect of
each share.
And be it further Enacted, That the receipt of the person or Receipt of
of any one of the persons in whose name or names any share in toTo^a'sbare
the said Undertaking shall stand in the books of the said Com- sufficient
pany, shall from time to time be a sufficient discharge to the said dlscharse
Company and treasurer for any dividend or other sum of money
which shall become payable and be paid for or in respect of such
share,
( 104 )
Receipt of
the parent or
guardian of
a minor
sufficient
discharge.
share, notwithstanding any uses or trusts upon or to which such
share shall be then settled conveyed or assigned, whether or not
the said Company have notice of such uses or trusts, and the
said Company shall not be bound to see to the application of the
money mentioned in such receipt.
And be it further Enacted, That in all cases where money
shall be payable under the provisions of this Act to any proprietor
who shall be a minor idiot or lunatic, the receipt of the guardian
(if any, or if not, of the parent of such minor, or of the committee
or of any one of the committees of such idiot or lunatic) shall be
a sufficient discharge to the said Company and their treasurer for
the same.
Railway to
be free on
payment of
rates.
And be it further Enacted, That all persons shall have free
liberty to pass along and upon and to use and employ the said
Railway with carriages properly constructed as by this Act
directed, upon payment only of such Rates and Tolls as shall
be demanded by the said Company, not exceeding the respective
Rates or Tolls by this Act authorized, and subject to the provi¬
sions of this Act, and to the rules and regulations which shall
from time to time be made by the said Company or by the said
directors, by virtue of the powers to them respectively by this
Act granted.
na^eaUowed And be it further Enacted, That it shall be lawful for the said
to betaken Company to demand receive and recover, to and for the use and
by the Com- benefit of the said Company, for the tonnage of all articles
useofthe matters and things which shall be conveyed upon or along the
Railway. said Railway, any Rates or Tolls not exceeding the following;
(that is to say)
FOR all dung, compost and all sorts of manure, lime and
limestone, and salt, and all undressed materials for the
repair of public roads or highways, the sum of One penny
per ton per mile :
For all coals, coke, culm, charcoal, cinders, building, pitching
and paving stones dressed, bricks, tiles, slates, clay, sand,
ironstone, iron ore, pig, bar, rod, hoop, sheet and all other
similar descriptions of wrought iron and castings not manu¬
factured into utensils, or other articles of merchandize, the
sum of Three halfpence per ton per mile :
For
( 105 )
For all sugar, grain, corn, flour, dyewoods, earthenware,
timber, staves and deals, metals (except iron,) nails, anvils,
vices and chains, the sum of Two-pence per ton per
mile :
For all cotton and other wools, hides, drugs, manufactured
goods and all other wares, merchandize, articles, matters or
things, the sum of Three-pence per ton per mile.
And be it further Enacted, That it shall be lawful for the said Tolls allowed
Company to demand receive and recover, to and for the use and bt^afk,en
benefit of the said Company, for or in respect of passengers, pLyon °m~
beasts, cattle and animals conveyed in carriages upon the said carriages
Railway, any Tolls not exceeding the following ; (that is to say) p°"s7nyJ"rgs or
cattle upon
FOR every person conveyed in or upon any such carriage, the the Railway,
sum of Two-pence per mile:
For every horse, mule, ass or other beast of draught or bur¬
den, and for every ox, cow, bull or neat cattle, conveyed
in or upon any such carriage, the sum of Three halfpence
per mile:
For every calf or pig conveyed in or upon any such carriage,
the sum of One halfpenny per mile :
For every sheep lamb or other small animal conveyed in or
upon any such carriage, the sum of One farthing per mile :
For every carriage of whatever description, not being a car¬
riage adapted and used for travelling on a Railway, and not
weighing more than one ton, carried or conveyed on a truck
or platform, the sum of Four-pence per mile.
And be it further Enacted, That it shall be lawful for the said Company
Company, and they are hereby empowered to provide locomotive empowered
or stationary engines or other power for the drawing or a'nd chl'rge
propelling of any articles matters or things, persons cattle or for loco-
animals upon the said Railway, and also along and upon any ^eTpro-
other Railway communicating therewith, and to receive demand peliing
and recover such sums of money for the use of such engines or Power-
other power as the said Company shall think proper in addition
to the several other rates tolls or sums by this Act authorized
to be taken.
And be it further Enacted, That it shall be lawful for the Company
said Company, and they are hereby authorized if they shall think authorized to
• • • carrv nis»
proper, to use and employ locomotive engines or other moving Sen,fers/
6. d d power,
( 106 )
cattle and power, and in carriages or waggons drawn or propelled thereby
noods and ' 9 oo a jl j
to charge for to convey upon the said Railway, and also along and upon any
the same. other Railway communicating therewith, all such passengers
cattle and other animals, goods wares and merchandize, articles
matters and things as shall be offered to them for that purpose,
and to make such reasonable charges for such conveyance as they
may from time to time determine upon, in addition to the several
rates or tolls by this Act authorized to be taken : Provided
always, that it shall not be lawful for the said Company or for
any person using the said Railway as carriers, to charge for the
conveyance of any passenger upon the said Railway, any greater
sum than the sum of Three-pence halfpenny per mile, including
the toll or rate hereinbefore granted.
Packages
containing
goods of a
dangerous
quality to be
marked.
AND for the better preventing of accidents or injury which
might arise on the said Railway and Works, from the unsafe and
improper carriage of certain goods and merchandize upon the
same; BE it further Enacted, That every person who shall send
or cause to be sent by the said Railway any aquafortis, oil of
vitriol, gunpowder, or other goods of a dangerous quality, shall
distinctly mark or state the nature of such goods on the outside
of the package containing the same, or shall otherwise give
notice in writing to the book-keeper or other servant of the said
Company with whom the same shall be left, at the time of so
sending or causing the said goods to be sent, on pain of for¬
feiting for every default herein the sum of Ten pounds : Pro¬
vided always, that the said Company shall not be compelled or
compellable to carry upon the said Railway any gunpowder or
other goods which in the judgment of the said Company shall
be of a dangerous character; and it shall be lawful also for the
said Company to restrain any other persons from carrying thereon
gunpowder or such other goods as aforesaid.
Passengers And be it further Enacted, That without extra charge it shall
luggage^ lawful f°r every passenger travelling upon or along the said
without extra Railway, to take with him his articles of clothing not exceeding
charge. Forty pounds in weight and Four cubic feet in dimensions,
and the said Company shall in no case be in any way liable or
responsible for the safe carriage or custody of, or for any loss of or
injury to any articles matters or things whatsoever carried upon
or along the said Railway, with or accompanying the person of
or belonging to any passenger, or delivered for the purpose of
being carried, other than and except such passenger's articles of
clothing, not exceeding the weight and dimensions aforesaid;
Provided
( 107 ]
Provided always, that nothing herein contained shall in any
case extend or be deemed or construed to extend to charge or
make liable the said Company, further or in any other case than
where according to the laws of this realm for the time being,
stage-coach proprietors and common carriers would be liable,
nor shall anything herein contained extend or be deemed or
construed to extend in any degree to deprive the said Company
of any protection or privilege, which either now or at any time
hereafter common carriers or stage-coach proprietors have or
may have, but the said Company shall from time to time and at
all times have and be entitled to the benefit of every such pro¬
tection and privilege.
Provided always, and be it further Enacted, That nothing in Act not to
this Act contained shall be construed to prevent the said Com- prevent Com¬
pany from making any agreement with any person for the hire hWng^Wo-
or use of any locomotive engine or of any carriage, and to pay motive
for the same such reasonable sum as may be agreed on between eng,nes-
the said Company and such person; anything herein contained
to the contrary thereof notwithstanding.
And be it further Enacted, That it shall be lawful for the said Company
Company from time to time to make such orders for fixing, and the prices'
by such orders to fix, the sum to be charged by the said Com- of small
pany in respect of small parcels (not exceeding Five hundred Parcels-
pounds weight each), as to them shall seem proper : Provided
always, that the provision hereinbefore contained shall not ex¬
tend to articles matters or things sent in large aggregate quanti¬
ties, although made up of separate and distinct parcels, such as
bags of sugar, cotfee, meal and the like, but only to single parcels
unconnected with parcels of a like nature, which may be sent
upon the Railway at the same time.
Provided always, and be it further Enacted, That in all cases Regulating
where any of the above-mentioned articles, matters, things or *Le c£arp
persons shall be conveyed on the said Railway for a less distance distances,
than Six miles, the said Company are hereby empowered to
demand and receive the afore-mentioned rates tolls and charges
for conveyance as the case may be, for Six miles, exclusive of a
reasonable charge for the expence of loading and unloading such
articles matters and things, in cases where the loading and un¬
loading shall be done by the said Company, and which charge
the said Company are hereby authorized to make.
And
( 108 )
Regulating ^ Ancj belt further Enacted, That (without prejudice to any of
cases'of86 die provisions hereinbefore contained) in all cases in which there
fractional shall be a fraction of a ton, a proportion of the said rates or tolls
lonorofa may demanded and taken for such fraction, according to the
mile. number of quarters of a ton contained therein, and when there
shall be a fraction of a quarter of a ton such fraction shall be
deemed and considered as a quarter of a ton; and in all cases in
which there shall be a fraction of a mile in the distance which
any carriage shall pass upon the said Railway beyond Six
miles, or any greater number of miles, the proportion of the rates
or tolls which shall be demanded and taken for such fraction shall
be after the rate of the number of quarters of a mile contained
therein, and when there shall be a fraction of a quarter of a mile
such fraction shall he deemed and considered as a quarter of a
mile; and in order to ascertain and calculate with greater preci¬
sion and facility the distance for which such rates or tolls shall be
demanded and taken upon the said Railway, the said Company
shall cause the said Railway to be measured, and stones or other
conspicuous marks, with proper inscriptions thereon, to be set up
and maintained along the whole line thereof, at the distance of
one quarter of a mile from each other.
Power to And be it further Enacted, That it shall be lawful for the said
reduce the Company from time to time, as they shall think fit, to reduce all
ra . or o s. the rates or tolls by this Act authorized to be taken,
and to take the reduced rates, and afterwards from time to time
again to raise the same, or anv of them, and then to take such
higher rates, so that the same respectively shall not at any time
exceed the amount by this Act authorized.
B-yb. Provided always, and be it further Enacted, That the afore-
equaliy. said rates and tolls to be taken by virtue of this Act shall at all
times be charged equally, and after the same rate per ton per
mile throughout the whole of the said Railway, in respect of the
same description of articles, matters or things, and that no re¬
duction or advance in the said rates and tolls shall either directlv
•
or indirectly be made partially or in favour of or against any par¬
ticular person or company, or be confined to any particular part
of the said Railway, but that every such reduction or advance of
rates and tolls upon anv particular kind or description of articles
matters or things shall extend to and take place throughout the
whole and every part of the said Railway, upon and in respect of
the same description of articles matters and things so reduced or
advanced,
( 109 )
advanced, and shall extend to all persons whomsoever using the
same, or carrying the same description of articles matters and
things thereon, anything to the contrary thereof in anywise not¬
withstanding. , ; . .
AND whereas it would tend much to the convenience of the Company
public if railway companies were empowered to enter into mutual empowered
arrangements, so as to avoid the necessity of a change of carriages wkhother
and other delays arising from a diversity of interest; BE it there- Kailway
fore Enacted, That notwithstanding anything in this Act con- ComPanies-
tained, it shall be lawful for the said Company and they are
hereby empowered from time to time to make and enter into any
contract or agreement with any other railway company, either
for the division or apportionment of rates and tolls, or for the
passage over or along the Railway by this Act authorized to be
made, of any engines or carriages of or belonging to any other
railway company, or which shall pass over or along any other
line of railway, or for the passage over or along any other line
of railway of any engines or carriages which shall belong to the
said Company hereby incorporated, or which shall pass over or
along their line of railway, upon the payment of such rates and
tolls, and under such conditions and restrictions, as may be
deemed advisable and be mutually agreed upon, and also to
make and enter into any other contract with any other railway
company that may be deemed advisable, and any such contract
may contain such covenants, clauses, provisions, conditions and
agreements, as the contracting parties may respectively think
advisable and mutually agree upon : Provided always, that no
such contract shall in any manner alter, affect, increase or dimi¬
nish any of the rates or tolls which the said Company hereby
incorporated shall for the time being be authorized and entitled
to have, demand, recover or receive of or from any person or
any other company, but that all other persons and com¬
panies shall notwithstanding any such contract be entitled to
the use and benefit of the said Railway upon the same terms and
conditions, and on payment of the same rates and tolls, as
they would have been in case no such contract had been entered
into.
And be it further Enacted, That the said Company shall cause A list of th<
to be painted on boards, and to be affixed and continued and re- ^est'0l^ls'
newed as often as the same shall be obliterated or defaced, to or affixed in
upon every toll-house or building at which any of the rates or conspicuous
5. 11 UlRCGS#
E E tolls
( 110 )
tolls by this Act authorized shall be collected or received, in some
conspicuous place, in large and legible characters, an account or
list of the several rates and tolls which the said Company shall
from time to time direct and appoint to be taken, and which shall
be payable by virtue of this Act: and in case any owner or master
of or person having or assisting in the charge of any carriage
passing upon the said Railway, or any collector of the rates or
toJls aforesaid, shall after and whilst such account or list shall be
affixed as aforesaid, demand or take more than the amount thereon
specified, such owner, master, collector or other person as afore¬
said shall forfeit and pay any sum not exceeding Five pounds
for every such offence.
Rates or tolls Provided always, and be it further Enacted, That it shall not
only payable be lawful for the said Company to demand or take any rates or
whilst boards n, ~ . c • 1 1 •
remain. tolls lor or in respect or any article matter or thing, or any car¬
riage passenger or cattle carried or conveyed upon or along the
said Railway, except during the time that the said board shall
be so affixed as aforesaid, and for and during such time only as
the stones or other conspicuous marks, with proper inscriptions
thereon, by this Act directed to be set up for ascertaining the
distance for which such rates or tolls shall be taken, shall remain
so set up.
Penalty on And be it further Enacted, That if any person shall wilfully
persons de- pUq (J0wn deface or destroy any board which shall have been
IB-Cinsr boards , . ,
set or put up or affixed by virtue or in pursuance hereof, or any
stone or mark set up to denote distances on the said Railway,
or shall actually or constructively concur or aid therein, he shall,
on conviction, forfeit and pay a sum not exceeding Five pounds
for every such offence.
For prevent- And be it further Enacted, That every collector of the rates or
lectors'mis- to^s by ^is Act granted, shall and he is hereby required to place
behaving. his christian and surname painted on a board in legible characters
in the front or on some other conspicuous part of the toll-house
or other building whereat he shall be on duty, each of the letters
of such names to be at least Two inches in height and of a
breadth in proportion, and painted either in white letters on
a black ground, or in black letters on a white ground, and shall
continue the same so placed during the whole time he shall be
upon duty ; and if any collector of the said rates or tolls shall
pot place such board as aforesaid, and keep the same there during
6. the
( 111 )
the time he shall be on duty as aforesaid, or shall demand or
take a greater or less rate or toll from any person than he shall
be authorized to do by virtue of the powers of this Act, and of
the orders of the said Company made in pursuance thereof, or
shall refuse to permit or shall not permit any person to read, or
shall in anywise hinder any person from reading the inscriptions
on the board to be affixed as aforesaid, or shall refuse to tell his
christian or surname to any person who shall demand the same,
and who shall have paid the legal rates or tolls, or shall in answer
to such demand give a false name or names, or upon the legal
rate or toll being paid or tendered, shall unnecessarily detain or
wilfully obstruct or hinder any carriage or any person from pass¬
ing upon the said Railway, or shall make use of any scurrilous or
abusive language to any officer or servant of the said Company,
or to any passenger upon, or to any person lawfully using the
said Railway, then and in every such case every such collector
shall forfeit and pay any sum not exceeding Ten pounds for
every such offence.
And be it further Enacted, That the rates or tolls hereby Recovery of
authorized to be taken shall be paid to such persons, at such rales or tolls
places upon or near the said Railway, and in such manner and
under such regulations, as the said Company, or as the said
directors shall, by notice to be annexed to the account or list of
rates or tolls, direct or appoint; and in case of refusal or neglect
on demand to pay such rates or tolls as have accrued due unto
the respective persons appointed to receive the same as afore¬
said, the said Company may, in case such rates or tolls shall
amount to or exceed the sum of Twenty pounds, sue for and
recover the same by an action of debt or upon the case, in any
of His Majesty's Courts of Record ; or the person to whom such
rates or tolls ought to have been paid, may and he is hereby
empowered, whether such rates or tolls shall amount to the sum
of Twenty pounds or not, to seize the goods articles and other
things for or in respect whereof any such rates or tolls ought to
be or ought to have been paid, or any part thereof, and the car¬
riage laden therewith, or any other goods articles or things
belonging to the person liable to pay such rates or tolls, and
detain the same until such payment shall be made, together
with all reasonable charges for such seizure and detention ; and
if such goods articles and things shall not be redeemed within
Twenty-one days next after the taking thereof, the same shall
be appraised and sold, and such rates tolls and charges satisfied
thereout, as the law directs in cases of distress for rent.
And
( 112 )
Owners of And be it farther Enacted, That the respective owners or
ghe account Persons having the care of carriages passing or being upon the
of lading. said Railway, shall give an exact and true account in writing,
signed by them, to the collectors of the rates or tolls at the places
where they shall attend for that purpose, of the quantity of goods
and other things as aforesaid, which shall be in or upon the car¬
riages so belonging to them or under their care, and from whence
such carriages are brought, and where the same are intended to
be unloaded or left, or taken off* the said Railway ; and if the
goods or other things contained in or upon any such carriage
shall be liabie to the payment of different rates or tolls, then
such owners or other persons shall specify the respective quan¬
tities liable to each or any of the said rates or tolls, and in case
any such owner or other person as aforesaid shall neglect or refuse
so to give and deliver such account, or to produce his bill of
lading to any collector demanding the same, or shall give a false
account, or shall leave or deliver out or take off any part of his
lading or goods at any other place than may be mentioned in
such account, with an intent to avoid the payment of any of the
said rates or tolls, and shall be thereof convicted before any Jus¬
tice of the Peace acting within his jurisdiction, every person so
offending shall for every such offence forfeit and pay to the said
Company any sum not exceeding Forty shillings for every ton
of goods, or for any parcel not exceeding Five hundred
weight, and so in proportion for any less quantity of goods than
a ton or Five hundred weight, as the case may be, which
shall be in or upon such carriage, of which such account shall
be so neglected or refused to be given, or Concerning which
such bill of lading shall not be produced as aforesaid, or df
which a false account shall have been given, or which shall be
fraudulently left delivered out or taken off as aforesaid, as the
case shall happen, over and above the rate or toll to which such
goods or things may be liable.
Weight of AND for better ascertaining the weight of goods and other
fainetiaSCer" things to be charged with the payment, of tonnage rates or tolls
as aforesaid; BE it further Enacted, That as respects all such
goods and other things as aforesaid, except stone and timber,
One hundred and Twelve pounds weight shall be deemed One
hundred weight, and Twenty such hundred weights shall be
deemed One ton; and as respects stone and timber, Fourteen
cubic feet of stone, Forty cubic feet of oak, mahogany, beech
and ash, and Fifty cubic feet of all other timber, shall be deemed
One ton weight, and so in proportion for any smaller quantity,
any usage to the contrary notwithstanding.
And
( "3 )
And be it farther Enacted, That if any difference shall arise in case of
between any collector of the said rates or tolls, or any other officer d,rterence
^ ' J concerning
or servant ot the said Company, and any owner ot or person weight, col-
having the charge of any carriage passing upon the said Railway, lec.t0'" ITiay
or of any goods articles or things in or on such carriage, or measure car-
respecting the goods articles or things in or on such carriage, or riage.
the rates or tolls due in respect thereof, it shall be lawful for such
collector or other officer as aforesaid, to detain such carriage, and
to examine, weigh, measure and gauge, or cause to be examined,
weighed, measured and gauged, such carriage and all such goods
articles and things as shall be therein or thereon, and in case the
same shall upon such examining, weighing, measuring or gauging,
appear to be of greater weight or quantity or of different quality
than shall be stated in the account given thereof as aforesaid,
then the person giving in such account shall pay, and the owner
of such carriage, and the respective owners of such goods and
other things shall also at the option of the said Company be liable
to pay, the costs and charges of such examining, weighing, mea¬
suring or gauging, all which costs and charges, upon refusal or
neglect of payment thereof on demand, shall and may be reco¬
vered and levied by and in such ways and manner as the said
rates and tolls are in this Act authorized to be recovered and
levied ; but if such goods articles or things shall appear to be of
the same quantity and quality, or of less weight or quantity than
shall be stated in such account, then the said Company shall pay
the costs and charges of such examining, weighing, measuring
or gauging, and shall also pay to such owner of or person having
charge of such carriage, and' to the respective owners of such
goods articles or things, such damage as shall appear to any
Justice of the Peace acting within his jurisdiction, on the oath,
or in the case of a Quaker, affirmation, of any credible witness,
to have arisen from or by such detention ; but in case it shall at
any time be made appear to such Justice, upon the complaint of
the said Company, and upon the like oath or affirmation, that
such detention and examining, weighing, measuring or gauging
was without reasonable ground or belief, or that it was vexatious
on the part of such collector or other officer as aforesaid, then
such collector or other person as aforesaid shall himself pay the
costs and expences of such examining, weighing, measuring or
gauging, and shall also pay to such owner or person, or to the
respective owners of such goods articles or things as aforesaid,
such damage as shall appear to such Justice to have arisen from
such detention; and in default of immediate payment thereof by
the said Company, or by such collector or other officer as afore-
6. y f said
( 114 )
said (as the case may be), the same may be recovered by distress
and sale of the goods of the said Company, or of the said collector
or other officer as aforesaid (as the case may be), by warrant
under the hand and seal of such Justice, rendering the overplus
(if any) upon demand, after deducting the costs of such distress
and sale, to the said Company, or to the said collector or other
officer as aforesaid (as the case may require).
For settling And be it further Enacted, That if any dispute shall arise con-
abouuhe cerning the amount of the rates or tolls due to the said Company,
amount of or concerning the charges occasioned by any distress to be taken
rates or tolls, by virtue of this Act, it shall be lawful for the collector or person
distraining to detain such distress (or as the case may require),
the proceeds of the sale thereof, until the amount of the rates or
tolls due, or (as the case may require) such rates or tolls and the
amount of the charges of seizing, distraining, keeping or selling
such distress, shall be ascertained by some Justice of the Peace
acting within his jurisdiction, who, upon application made to him
for that purpose, shall examine the said matter upon oath or
affirmation of the parties or other witnesses, and determine the
amount of the rates or tolls due, or (as the case may be) such
amount and also the amount of the said charges; and it shall be
lawful for such Justice to assess and award such costs to be paid
by either of the said parties to the other of them as he shall think
reasonable ; and in case of non-payment thereof on demand, such
costs shall be levied by distress and sale of the goods and chattels
of the party directed to pay the same, by warrant under the hand
and seal of such Justice.
Company And be it further Enacted, That it shall be lawful for the said
emip^wle^l Company from time to time to let the rates and tolls by this Act
to lease the Y J J
rates or tolls, made payable, or any part thereof, upon the whole or upon any
part of the said Railway, to any person or corporation, for any
term which they shall think proper, not exceeding Seven years
from the commencement of any such lease, and to commence
in possession upon or within Three calendar months next after
granting the same, and every such lease shall be valid ; and the
respective lessees thereof, and also such persons as such lessees
shall appoint to collect and receive the rates or tolls so let, shall,
during the continuance of such lease, be deemed collectors of the
rates or tolls so let, but for the proper use of the lessees thereof,
and shall have the same power and authority to collect and re¬
cover the same, and be subject to the same rules, duties and
penalties as if they had been appointed for that purpose by the
( 115 )
said Company: Provided always, That public notice of the inten¬
tion to let the said rates and tolls, or the part thereof intended
to be let, shall be given by the said Company, by advertisement
to be inserted in some London newspaper, and in some Bristol
newspaper, at least Fourteen days prior to any meeting of the
said Company, or of the said directors, at which it may be in¬
tended that the said rates and tolls shall be let as aforesaid.
And be it further Enacted, That in case any of the rates or Power of re-
tolls granted by this Act shall be demised or let to farm in any
manner whatsoever, and the lessee or farmer thereof shall neglect formance
or refuse to perform the terms and conditions on which the same of conditions
shall be so demised or let, or any of them, or in case all or any rLeToTtolls.
part of any rent agreed to be paid by any such lessee or farmer
shall be in arrear or unpaid for the space of Seven days next
after any of the days on which the same ought to be paid pur¬
suant to the lease agreement or contract for demising or letting *
the same rates or tolls, or in case any temporary or other col¬
lector of any of the said rates or tolls shall be discharged from
his office, or shall die, abscond or absent himself, and any such
collector who shall be so discharged, or the wife, widow or any
of the children or family, or any representative of any such
collector who shall die, abscond or absent himself, or be dis¬
charged, or in case any person being in possession thereof, shall
refuse to deliver up, or shall not deliver up possession of any
tollhouse, office, weighing-machine or other building, with the
appurtenances thereto respectively belonging, to be erected or
provided under the powers or used for any of the purposes of
this Act, for or within the space of Seven days after demand
thereof made in writing, given to him or left at such tollhouse,
office, weighing-machine or building, or at any of such toll¬
houses, offices, weighing-machines or buildings, which shall be
or have been in the possession or occupation of such collector
or person, such demand in writing to be signed by any Two
or more of the said directors, or by a secretary or clerk for the
time being of the said Company, or in case any such lease agree¬
ment or contract shall in any manner become void or voidable,
then and in any of the said cases it shall be lawful for any Two
or more Justices of the Peace, acting within their jurisdiction,
upon application made by the said directors, or by a secretary or
clerk for the time being of the said Company, by warrant under
the hands and seals of such Justices respectively, to order any
constable or other peace officer, with such assistance as shall be
necessary, to enter upon and take possession of every or any
such
( 116 )
such tollhouse, office, weighing-machine or other building, with
the appurtenances thereunto belonging, and to remove and put
such lessee farmer or collector, or other person who shall be
found therein, together with his goods, from and out of the same
and the possession thereof, and from the collection of such rates
or tolls, and to put the said Company, or their agent, or their
new lessee farmer or collector, into the possession thereof; and
thereupon it shall be lawful for the said Company to vacate and
determine the lease contract or agreement (if any) which was
previously subsisting, and the same shall accordingly be utterly
void to all intents and purposes (save as to the covenants and
agreements for payment of the rent thereby reserved, or other
unperformed or broken obligations, covenants or agreements on
the lessee's part), and it shall be lawful for the said Company
in every such case, either during such proceedings, or on the
termination thereof, again to demise or let to farm the said rates
or tolls to the same or any other person, or cause them to be
collected in such and the same manner as if no former demise
contract or agreement had been made relative thereto.
Weights And be it further Enacted, That no carriage shall carry or
carried oa^ hear at any one time upon the said Railway, including the weight
Railway. of such carriage, more than Four tons weight, except in any
one piece of timber, block or stone, boiler, cylinder bob or single
piece of machinery, or other single article, which shall neverthe¬
less not exceed the weight of Eight tons, including the weight
of the carriage, and for the tonnage of which the said Company
are hereby authorized to demand receive and recover such rates
as they may from time to time direct or appoint, not exceeding
Fourpence per ton per mile ; and no piece of timber, stone,
machinery or other article, exceeding the weight of Eight tons,
including the weight of the said carriage, shall be carried upon
any part of the said Railway without the special licence of the
said Company, and for the tonnage of which the said Company
are hereby authorized to demand receive and recover such sum
as they may deem proper.
Company to And be it further Enacted, That it shall be lawful for the
regulate the gaj(] Company from time to time to make such orders and regu-
Railwuy. lations as thev shall think proper for regulating the travelling
upon and use of the said Railway, and the times when the same
shall be open for use, and for or relating to travellers and car¬
riages passing upon the said Railway, and for or relating to the
mode
( 117 )
mode or means by which, and the speed at which such carriages
shall from time to time be moved or propelled, and the times of
their departure and arrival, and the loading or unloading thereof
respectively, and the weights which they shall respectively carry,
and the delivery of goods and other things which shall be con¬
veyed in or upon such carriages, and also for preventing tRe
smoking of tobacco and the commission of any other nujsamce
in or upon any such carriages, or in any of the stations or pre¬
mises occupied by or belonging to the said Company, an<A gene¬
rally for regulating the passing upon, using or working ,the said
Railway and other Works by this Act authorized, or in anywi.se
relating thereto respectively ; and all such orders and regulations
shall be binding upon and be conformed to by ,the said ,Corn-
pany, and by all owners of, and persons having the qare qr con¬
duct of such carriages, and by all persons using or working,the
said Railway and other Works, and by all travellers and passgngqrs
passing upon the said Railway, upon pain of forfeiting and paying
a sum not exceeding Five pounds, which the said Company naay
attach to any such default: Provided always, that in every case
of infraction or non-observance of any such rules or regulations,
which shall be attended with danger to the public or annoyance
to travellers, or which shall obstruct or hinder the said Company
in their due and lawful use and working of the said Railway, it
shall be lawful for the said Company and their agents summarily
to interfere to obviate such danger, or to remove or prevent such
obstruction nuisance or hindrance.
And be it further Enacted, That no carriage shall pass along Carnages not
or be upon the said Railway or any part thereof, or the works unless^on-
connected therewith (except in directly crossing the same as structed as
herein authorized for the occupation of the respective lands thlTcom^
through which such Railway shall be laid, or in passing any pany.
public or private carriage road which may happen to cross the
said Railway), unless such carriage shall have been originally con¬
structed according to the rules and regulations whiqh the said
Company may from time to time make in regard to carriages
(and which rules and regulations the said Company ar,e hereby
expressly authorized to make and wholly or partially alter or
revoke from time to time, with pow.er to make new rules and
regulations from time to time, in lieu of or in addition to any
former rules and regulations), nor unless such carriage shall at all
times, so long as it shall be used or shall be on the said Railway
and Works or any part thereof, remain and be of such construc-
6. c g tion
( 118 )
tion and in such state and condition as the rules and regulations
of the said Company may from time to time or at any time
require: Provided always, that all the rules and regulations
which the said Company may from time to time make in regard
to such carriages shall, before they shall have any effect as rules
and regulations, be published Once in some One newspaper of
every county through which the said Railway shall pass ; and
such publications as aforesaid shall be deemed and taken to be
sufficient for all purposes and to be express notice of all such
rules and regulations to all persons and companies whomsoever,
and the production of a newspaper of each of the said counties,
containing a notice purporting to be a notice of the rules and
regulations of the said Company, shall for all purposes be consi¬
dered sufficient evidence of the due making and publication of
such rules and regulations; provided also, that if any dispute
shall at any time and from time to time arise between the said
Company and the owner of any such carriage as to the original
construction, or as to the state or condition from time to time or
at any time of any such carriage in reference to the then past or
existing rules and regulations of the said Company, such dis¬
putes shall from time to time, when and as they may arise, be
immediately referred to Three indifferent persons, one to be ap¬
pointed by the said Company and another by the owner of any
such carriage, and the third to be appointed by the Two so first
appointed previous to their entering on the business of the refer¬
ence, and the decision in writing of such Two arbitrators and
their umpire or of anv Two of them (as the case may be) shall be
final and conclusive, and if either the said Company or the saia
owner shall for Ten days after being so required in writing by
the other of them, neglect or refuse to appoint a referee to act
on their or his behalf, then the referee of the other party may
alone make a final decision in writing, and such award or deci¬
sion shall, upon proof of the signatures thereto, be admitted in
all courts and before all Judges Justices and others, as sufficient
evidence for all purposes whatsoever of all the facts therein
stated ; and if any carriage not originally constructed according
to the then rules and regulations of the said Company, or not
from time to time or at any time being in the state and condition
which the rules and regulations of the said Company in existence
at that time may require, shall pass or be upon any part of the
said Railway or the Works connected therewith (except as afore¬
said) the owner thereof, or his servant or any one of his servants,
having for the time being the charge of any such carriage, shall
6. forfeit
< H9 )
forfeit and pay any sum not exceeding Ten pounds, nor less
than Five pounds for every such offence.
AND whereas for the greater security of passengers and other
persons travelling upon and using the said Railway, it is expe¬
dient that the moving powers to be from time to time used in
drawing or propelling carriages upon or along the said Railway
should be under the control of the said Company ; BE it there- Engines to
fore Enacted, That no locomotive or other engine or other Railway™
description of moving power shall at any time be brought upon be approved
or used on the said Railway, unless the same shall first have by Co®Pa,|y-
been approved of by the said Company ; and it shall be lawful
for the said Company, and they are hereby required within
Fourteen days after notice given to them by any person desirous
of bringing any such engine 011 the said Railway, to cause their
engineer or other agent to inspect and examine such engine at
any place within Five miles of the said Railway, and to report
thereon to the said Company, who shall within Seven days after
such report, in case such engine shall be found fit and proper to
be used on the said Railway, give a certificate to the party re¬
quiring the same of their approval of every such engine ; and it
shall be lawful for the said Company from time to time, upon
the report of their engineer or other agent of any engine used
upon the said Railway being out of repair or unfit to be used
upon the said Railway, to order the same to be taken off, or to
forbid the same to be used upon the said Railway ; and in case
any person shall bring or use upon the said Railway any loco¬
motive or other engine or any other moving power, without
having first obtained such certificate of approval as aforesaid, or
in case, after notice given by the said Company to remove from
or not to use upon the said Railway any such engine as afore¬
said, the person to whom such engine shall belong shall not
forthwith remove the same, or shall use any such engine upon
the said Railway without having first repaired the same to the
satisfaction of the said Company, and obtained such certificate
of approval as aforesaid, every such person shall forfeit and pay
any sum not exceeding Twenty pounds for every such offence ;
and the said Company are hereby authorized to remove such
engine from the said Railway.
And be it further Enacted, That the boiler of every locomotive Locomotive
steam-engine to be used upon the said Railway shall be constructed enS"'es t0
, ® r .. , , , consume
upon the principle of consuming its own smoke, under a penalty their own
of smoke.
( 120 )
of Five pounds for every offence, to be recovered in a summary
way by the order and adjudication of One or more Justice or
Justices of the Peace on complaint to him or them for that purpose
made, in the same manner as other penalties and forfeitures (for the
recovery whereof no special directions are given) are by this Act
directed to be recovered, One-half of which sum, as often as
the same shall be recovered, shall be paid to the informer, and
tne other half to the vestry-clerk or other proper officer of the
parish or place where such offence shall be committed, for the
benefit of the poor of such parish or place.
Owners to And be it further Enacted, That the respective owners of
put their carriages passing or being upon the said Railway, and carrying
on "the'out- passengers or goods for pay hire or reward, shall cause their
side of their names and places of abode, and the numbers, weights and
carnages. gauges of their respective carriages to be entered with the
clerk or other officer of the said Company appointed for that
purpose, and shall also cause such names, places of abode,
numbers, weights and gauges to be painted and continued in
large white capital letters and figures on a black ground Two
inches in height at the least, and of a proportionate breadth, on
some conspicuous part of the outside of every such carriage so
as to be always open to view, and shall permit every such car¬
riage to be weighed, measured and gauged at the expence of
the said Company, whenever it shall be required by the said
Company or by any person by them appointed for that purpose,
and every owner or other person having the care of any car¬
riage, or who shall conduct the same upon the said Railway,
without having such carriage previously weighed, measured and
gauged, and the weight, measure and gauge thereof, together
with the number thereof, and also the name and place of abode
of the owner thereof, entered with some secretary, clerk or
other officer of the said Company appointed for that purpose,
or without having such name, place of abode, number, weight
and gauge marked upon each such carriage as hereinbefore
directed, or who shall alter, erase, deface or hide such name,
place of abode, number, weight or gauge, or any of them, or
any part thereof, or shall fix thereon any false name, place
of abode, number, weight or gauge, or shall refuse to permit,
or shall not permit any such carriage to be weighed, measured or
gauged as aforesaid, shall forfeit and pay any sum not exceeding
Forty shillings for every such offence.
And
( 121 )
And be it further Enacted, That the respective owners of
engines and carriages passing or being upon the said Railway beTccount-
and works or any part thereof, shall be and they are hereby able for da-
respectively made answerable for any trespass damage or mis- b^afheir°ne
chief which may be done by their engines or carriages, or by any servants,
of the servants or other persons belonging to or employed by
them, to or upon the said Railway, machinery, apparatus or other
works made by virtue of this Act, or to or upon the property of
any other person, either by loading or unloading such carriages
or by any means whatsoever ; and every such owner shall for
every such trespass damage or mischief, upon conviction of any
such servant or other.person before some Justice of the Peace,
either by the confession of the party offending, or upon the oath,
or in the case of a Quaker, the affirmation of some credible
witness, pay to the said Company or to the person injured, as the
case may be, the damages to be ascertained by such justice, so
that the same do not exceed the sum of Twenty pounds; and
also shall over and above such damages forfeit and pay to the
informer any sum not exceeding Forty shillings ; and all costs
charges and expences attending such conviction, all which
damages, penalties, costs, charges and expences shall be levied
by distress and sale of the goods and chattels, if any can be con¬
veniently found, of the owner of such carriage, by warrant under
the hand and seal of such Justice; and the overplus (if any) of
the proceeds of such sale, after deduction of such damages,
penalties, costs, charges and expences, together with the costs
and charges of such distress and sale, shall be returned upon
demand to the owner of such goods and chattels; and in case no
sufficient distress can be conveniently found, then such owner
shall be committed to prison, as hereinafter directed with respect
to persons who are convicted in any penalty, and have no suffi¬
cient goods whereon such penalty may be levied ; but if the
value or amount of such trespass damage or mischief shall ex¬
ceed the sum of Twenty pounds, the owner of such carriage, his
executors or administrators, may at the option of the said
Company or the person injured, as the case may be, be sued and
prosecuted for the same in any of His Majesty's Courts of Record,
and if a verdict or judgment shall be given against him, either
upon proof made or by default, or upon demurrer, the plaintiff
in any such case shall recover his damages sustained as aforesaid,
with full costs of suit.
Provided always, and be it further Enacted, That in case any Owners to
c • ■ i ,1 • i r» -i recover from
owner ot any carriage passing or being upon the said Railway Uieir servants
6. h ii and
( 122 )
money paia
for their
neglect, &c.
Railway not
to be used as
a passage for
horses or
other cattle.
Owners and
occupiers of
adjoining
and works or any part thereof shall be compelled to pay any
penalty, or to make any satisfaction for any damage by reason
of any wilful act neglect or default of any of his servants, every
such servant shall be liable to pay such penalty or satisfaction
for damages or both (as the case may be), with the costs attend¬
ing the same, to such owner; and in case of non-paymen
thereof on demand and oath, or in the case of a Quaker, affir¬
mation, made by such owner, of the payment by him of such
penalty and satisfaction, or either of them (as the case may be),
and that the same hath not been repaid to him by such servant
although demanded, (such oath or affirmation being made before
some Justice of the Peace for the county,, city or place in which
such penalty or damage was incurred,) such penalty and satis¬
faction, or either of them (as the case may be), and the costs
aforesaid, shall be levied by warrant, under the hand and seal of
such Justice, by distress and sale of the goods and chattels of such
servant, together with all costs and charges attending such
distress and sale, and the said penalty and satisfaction, or either
of them (as the case may be), and costs and charges as aforesaid,
when recovered, shall be paid to such owner in discharge of such
penalty and satisfaction, or either of them, and the costs so by
him paid for the wilful neglect or default of such servant as
aforesaid ; and in case no sufficient distress can be had, such
Justice shall and he is hereby required to commit such servant
to some common gaol or house of correction for the said county
city or place, there to remain without bail or mainprize for any
time not exceeding Three calendar months.
Provided always, and be it further Enacted, That if any person
(save and except the said Company, and their agents and other
persons authorized by them, and by them authorized for the
purposes only of the said Undertaking,) shall ride lead or drive,
or cause to be ridden led or driven, or shall aid or assist in leading
or driving, or shall permit or suffer to be upon such Railway, or
any part thereof, any horse mule or ass, or any cow or other neat
cattle, sheep, swine or any other beast or animal, (except only
in directly crossing the same at places to be appointed for that
purpose, or for the necessary occupation as aforesaid of the respec¬
tive lands through which the said Railway shall pass,) every
person so offending shall forfeit and pay any sum not exceeding
Ten pounds for every such offence.
Provided always, and be it further Enacted, That it shall be
lawful for the respective owners and occupiers of lands through
which
{ 123 ;
which the said Railway shall be made, and their respective lands to cress
servants and workmen, (except in cases in which the said ^jJ^uaty
Company shall at their own expence have made proper and con- mentoftoU.
venient communications from the land on the one side of the
said Railway to the land on the other side thereof, according to
any agreement with any owner or occupier thereof, or according
to the provisions of this Act,) at all times to pass and repass, and
to lead and conduct any horse mule or ass, cow or other cattle
sheep swine or other beast, directly but not otherwise over and
across such part and such part only of the said Railway as shall
be made in or upon their respective lands, for the purpose of
occupying the same lands, without payment of any rate or toll
for the same, provided that by so doing or by consequence
thereof the passage upon or along the said Railway, be not in
any way hindered or obstructed, or the same or the works con¬
nected therewith be not in any way damaged.
AND whereas it may be attended with very great danger to Penalty <m
the public if the said Railway should be used by persons on foot; Persons on
• . j i. foot using
BE it therefore Enacted, That if any person shall be or travel or Railway,
pass upon foot upon the said Railway without the license and
consent of the said Company, (unless for the purpose of attending
any carriage under his care, and except the respective owners or
occupiers of lands through which the said Railway shall pass,
and their respective servants in passing across or over the same
as hereinbefore authorized,) every person so offending shall
forfeit and pay any sum not exceeding Ten pounds for every
such offence.
And be it further Enacted, That if any person shall throw, Penalty on
place, or wilfully scatter or drop any gravel, stone, rubbish or struc°Ung°the
other matter or thing upon any part of the said Railway, or shall free course of
extinguish any light or lamp set up on or near the said Railway Rallway-
or other Works (unless by authority of the said Company,) or
shall wilfully obstruct or prevent any person in the lawful
execution of this Act, or shall do any act matter or thing to
obstruct the free passage of the said Railway or any part thereof,
he and every person actually or constructively aiding or assisting
therein shall respectively forfeit and pay any sum not exceeding
Ten pounds, nor less than Five pounds for every such offence.
And be it further Enacted, That if any person shall wilfully penaity on
and to the detriment of the said Undertaking, or of the said destroying
Company, injure, break, throw down, destroy, steal or take VVorks*
away,
( 124 )
away, any part of the said Railway or other Works erected or
made by virtue of this Act, or any part of the materials of any
such Works, so as that the use of or passage on the said Railway
shall be or shall be liable to be obstructed impeded or otherwise
interrupted, every person being lawfully convicted of any such
offence shall be subject and liable to the pains and penalties to
which persons shall be liable in cases of simple larceny.
Punishment AND whereas it is expedient for the further security of pro-
thePservlcem Perty anc^ better conduct of the business on the said Railway,
of the Com- after the same or any part thereof shall be completed, that
pany for punishment beyond that which is now by law provided shall be
clrunkennpss
inflicted upon any person in the service of the said Company,
who may be found in a state of drunkenness on any part of the
said Railway, or in any of the stations warehouses or other works
connected therewith : BE it therefore Enacted, That if any
person in the service for the time being of the said Company,
shall be found on any part of the said Railway, or within any ot
the stations warehouses or other premises connected therewith,
to be in a state of drunkenness, every such person shall for every
such offence forfeit and pay a sum not exceeding Five pounds
nor less than Ten shillings, to be recovered and applied in like
manner as penalties imposed by this Act are directed to be
recovered and applied.
indictments, And be it further Enacted, That in all indictments informa-
ftc^howtcT' ri°ns or legal proceedings whatsoever to be preferred instituted
be preferred or carried on against any person for feloniously taking stealing
or instituted. or embezzling, or for destroying, damaging or injuring, removing
or carrying away, any goods chattels or property of or belonging
to the said Company, or any goods chattels or property in their
custody or possession, or in the custody or possession of any officer
or servant of the said Company, or for and on behalf of any other
person or corporation having deposited such goods chattels or
property in the care or custody of the said Company or other
officers or servants, or any goods chattels or property in or on
the said Railway, or any of the yards, stations, works, ware¬
houses or premises belonging to the said Company, and in all
other indictments informations or legal proceedings whatsoever
of or concerning such goods chattels or property respectively, it
shall be sufficient to describe and refer to such goods chattels
and property respectively as the goods chattels and property of
the said Company, and in case the same shall have been so as
aforesaid feloniously taken, stolen or embezzeled, or removed or
carried
C 1" )
carried away, to allege that the same were so feloniously taken,
stolen, embezzled, removed or carried away (as the case may
be) from the said Company, and it shall be sufficient on the
trial or hearing of any such indictment information or other
legal proceeding, to prove that at the time when such goods
chattels and property respectively were so feloniously stolen,
taken or embezzled, or so damaged, destroyed or injured, or
removed or carried away, or when other the matter or thing
complained of in such indictment information or other legal pro¬
ceeding took place, such goods chattels and property were in or
on the said Railway, or some of the yards, stations, works, ware¬
houses or premises belonging to the said Company, or in the
custody or possession of some officer or servant of the said Com¬
pany, for and on behalf of the said Company, or for and on be¬
half of some person or corporation having deposited the same
with the said Company, without any other proof of property.
And be it further Enacted, That if the loading of any carriage Penalty for
using the said Railway shall be suffered to extend more than obstructing
Thirty inches over and beyond the flanch or lip of each or Railway-
any wheel of such carriage, or if any carriage, or any goods or
things, shall be placed or be suffered to remain on any part of the
said Railway or other Works so as to obstruct the passage or
working thereof, and the person having the care of such car¬
riage goods or things shall not immediately upon request made
remove the same, then and in every such case, and without
prejudice to any other provision in this Act contained, such
person shall forfeit and pay for every such offence any sum not
exceeding Forty shillings for every hour during which such
obstruction shall continue after the making of such request,
and so in proportion for any less period than an hour; and it
shall be lawful for any agent or officer of the said Company to
cause any such carriage goods or things to be unloaded, if neces¬
sary, and to be removed in such manner as shall be proper for
preventing, terminating or removing such obstruction, and to
detain such carriage goods or things, or any part thereof, until
expences occasioned by such unloading removal or detention
shall be paid ; and the said Company shall not, nor shall any
agent or officer of the said Company, be liable or accountable
for any damage or loss occasioned by any such unloading removal
or detention, or for any delay occasioned thereby, or in any other
way relating thereto, except for wilful damage done to any
carriage goods or things so unloaded removed or detained ; nor
shall they or he be liable for the safe custody of any such
6, ii carriage,
( 126' )
carriage, or any goods or things which shall be so detained,
unless the same shall be wrongfully detained by the said Com¬
pany, or by the said agent or officer, and then only for so long
a time as the same shall be so detained.
Damagesand And be it further Enacted, That in all cases wherein damages
charges in or char«res are by this Act directed or authorized to be paid, and
cases ot dis- * i
putetobe the manner of ascertaining the amount thereof is not specified
kittled by or provided for, such amount, in case of non-payment thereof or
u c s' of any dispute respecting the same, shall be ascertained and
determined by some Two or more Justices of the Peace for the
county city or place wherein such damages or charges shall be
incurred or be directed to be paid; and where by this Act any
damages or charges are directed to be paid in addition to any
penalty for any offence, the amount of such damages and charges
in case of non-payment thereof, or of any dispute respecting the
same, shall be settled and determined. by the Justices by or
before whom any offender shall be convicted of such offence;
and such Justices respectively are hereby authorized and required
on non-payment of the damages in any of the cases aforesaid,
to levy such damages and charges by distress and sale of the
offender's goods and chattels, in manner by this Act directed for
the levying of any penalties or forfeitures.
in case of And be it further Enacted, That whenever any money shall
non-pay- ^ a Justice of the Peace be ordered to be paid in pursuance
mentofcom- J . J . fwf
pensation for ot this Act, as or by way ol compensation or satisfaction for any
damages, &c. materials or costs, or for any damage or injury of any nature or
same to • •
be levied by hind soever done or committed by the said Company, or by any
distress of person acting by or under their authority, and such money shall
the Com-°f not Pa^ ^ie sa*^ Company to the party entitled to receive
pany. the same within Twenty-one days after demand in writing shall
have been made upon the said Company, in pursuance of the direc¬
tion or order made by such Justice, and in which demand the order
of such Justice shall be stated, then and in such case the amount
of such compensation or satisfaction shall and may be levied and
recovered by distress and sale of any goods or chattels of the said
Company, under a warrant to be issued for that purpose by such
Justice, which warrant any such Justice is hereby authorized and
required to grant under his hand and seal, on application made to
him for that purpose by the party entitled to receive such money ;
and in case any overplus shall remain after payment of such
money, and the costs and expences of hearing and determining
the matter in dispute, and also the costs and expenses of such
distress
( 127 )
distress and sale, then such overplus shall be returned on demand
to the said Company.
And be it further Enacted, That all penalties and forfeitures Recoveryand
inflicted or imposed by this Act, or by virtue of any bye-law,
order or rule made in pursuance thereof (the manner of levying
and recovering whereof is not herein otherwise particularly
directed), may in case of non-payment thereof be recovered in
a summary way by the order and adjudication of some Two or
more Justices of the Peace acting within their jurisdiction, on
complaint to them for that purpose made, and afterwards be
levied, as well as the costs (if any) of such proceedings, on non¬
payment, by distress and sale of the goods and chattels of the
respective offenders or persons liable to pay the same, by warrant
under the hands and seals of such Justices, and the overplus (if
any) of the money so raised or recovered, after discharging such
penalty or forfeiture, and the costs and expences as aforesaid,
shall be returned on demand to the party whose goods and
chattels shall be distrained ; all which penalties and forfeitures not
herein directed to be otherwise applied, shall be paid One moiety
to the informer and the remainder to the said Company, for the
use and benefit of the said Company, unless such penalties or
forfeitures shall be incurred by the said Company, in which case
the same shall be paid One moiety to the informer, and the
remainder to the overseers of the poor of the parish township
or place within which the offence shall be committed, to be
applied by such overseers for the benefit of the poor of such
parish township or place; and in case such penalties and for¬
feitures shall not be forthwith paid, it shall be lawful for such
Justices and they are hereby required to order the offender so
convicted to be detained in safe custody until return can conve¬
niently be made to such warrant of distress, unless such offender
shall give sufficient security to the satisfaction of such Justices of
the Peace for his appearance before such Justices, or before some
other Justices of the Peace having jurisdiction, at such time as
shall be appointed for the return of such warrant of distress (such
time being not more than Eight days from the taking of such
security), and which security any of the said Justices are hereby
empowered to take by way of recognizance or otherwise ; but if
upon the return of such warrant it shall appear that no sufficient
distress could be had whereupon to levy the said penalties or
forfeitures, and such costs and expences as aforesaid, and the
same shall not be forthwith paid, or in case it shall appear to the
satisfaction of such Justices, upon the confession of the offender
or
t
( 128 )
or otherwise, that he hath not sufficient goods and chattels
whereupon such penalties, forfeitures, costs and expences could
be levied, if a warrant of distress should be issued, such Justices
shall not be required to issue such warrant of distress, but they
are hereby required by warrant under their hands and seals to
commit such offender to some common gaol or house of cor¬
rection for the county city or place within their jurisdiction,
there to remain for any time not exceeding Three calendar
months, or until such penalty or forfeiture shall be paid and
satisfied, together with all costs and charges attending such
proceedings as aforesaid, to be ascertained by such Justices, or
until such offender shall otherwise be discharged by due course
of law.
Justices may And be it further Enacted, That in all cases in which by this
proceed by Act any penalty or forfeiture is made recoverable by information
tbe recovery before any Justice of the Peace, it shall be lawful for the Justice
of penalties, of the Peace before whom complaint shall be made for any offence
committed against this Act, or against any bye-law order or rule
made in pursuance hereof, to summon before him the party
complained against, and on such summons to hear and determine
the matter of such complaint, and on proof of the offence to con¬
vict the offender, and to adjudge him to pay the penalty or for¬
feiture incurred, and to proceed in the recovery of the same,
although no information in writing or in print shall have been
exhibited before such Justice ; and all such proceedings by sum¬
mons without information in writing or in print shall be as valid
and effectual to all intents and purposes as if an information in
writing or in print had been exhibited.
For securing And be it further Enacted, That it shall be lawful for any
offenders officer or agent of the said Company, and all such persons as he
and°resi1-arneS shall call to his assistance, to seize and detain any person whose
name and residence shall be unknown to such officer or agent,
who shall commit any offence against this Act, and to convey
him with all convenient dispatch before some Justice for the
county city or place Avithin which such offence shall lie com¬
mitted, without any warrant or other authority than this Act;
and such Justice is hereby empowered and required to proceed
immediately to the hearing and determining of the complaint.
dences are
unknown.
Forms of in- And be it further Enacted, That all Justices of the Peace
iormation before whom any person shall be informed against or convicted,
and convic- . * ), . p ,
tion. for or in respect of any ottence against tins Act, may cause the
information
( 129 )
information (whenever an information shall be taken in writing or
in print) and the conviction respectively to be drawn up accord¬
ing to the following forms, or any other forms to the same effect,
as the case may require; (that is to say)
" "J" BE it Remembered, That on the Form of In-
ToWit' j day Of A.B. of formation.
informeth me, C. D. one of His Majesty's Justices of
the Peace for the county [as the case may be] that E. F.
of [here describe the offence, and
the time and place when and where committed] contrary
to an Act passed in the year of the reign of His
Majesty King William the Fourth, intituled, [insert
the title of this Act] which hath imposed a forfeiture of
for the said offence. Taken the
day of before me
C. D."
" V* BE it Remembered, That on the Form of
'lo Wit. j ^ay 0f jn year 0f our Lord Convictlon-
A.B. is convicted before me, C. D. one of
His Majesty's Justices of the Peace for the county of
[here describe the offence, and the time
and place when and where committed] contrary to an Act
passed in the year of the reign of His Majesty
King William the Fourth, intituled [insert the title of
this Act.] Given under my hand and seal the day and
year first above written, C. D."
And be it further Enacted, That it shall be lawful for Two or justices to
more Justices of the Peace acting; within their jurisdiction, from appoint spe-
• « pjoj c0n-
time to time to appoint such fit and proper persons as shall be stables.
nominated to them by any Three of the directors of the said
Company for that purpose, to be special constables within the said
Railway and other Works, and every or any part thereof; and every
person so appointed shall take an oath, to be administered by the
said Justices of the Peace, duly to execute the office of a constable
for the said premises ; and every person so appointed and sworn
as aforesaid, shall have power to act as a constable for the pre¬
servation of the peace, and for the security of persons and pro¬
perty against felonies and other unlawful acts within the limits
of the said premises, and shall have, use, exercise and enjov all
such [lowers, authorities, protections and privileges for the appre-
6. k k hending
( 130 )
bending offenders, as well by night as by day, and for doing all
acts matters and things for the prevention discovery and prose¬
cution of felonies and other offences, and for the preservation of
the peace, as constables duly appointed now have by the laws
and statutes of this kingdom; and it shall be lawful for the said
Justices, or any Three or more directors of the said Company,
to dismiss or remove any such constable from his office of con¬
stable, and upon every such dismissal or removal, all powers,
authorities, protections and privileges, by virtue of such appoint¬
ment as aforesaid, vested in any person so dismissed or removed,
shall wholly cease.
General And be it further Enacted, That in all cases in which any Justice
tices to° JUS* Peace is authorized by this Act to examine any person, or
administer to take cognizance of or to hear or determine any matter or
°aths. complaint, it shall be lawful for such Justice and he is hereby
required to administer an oath to or to receive the affirmation of
any person, before he shall be examined by or before such
Justice.
For com¬
pelling wit¬
nesses to
attend.
And be it further Enacted, That if any person who shall be
summoned as a witness to attend and give evidence before any
Justice of the peace, touching any matter or fact contained or
involved in or affecting any information order or complaint laid
in pursuance of or for any offence committed against this Act,
or any matter which is hereby referred to any Justice of the
Peace, either on the part of the prosecutor or on the part of the
party summoned or accused, shall refuse or neglect to appear at
the time and place to be for that purpose appointed, having been
paid or tendered a reasonable sum for his costs and expences,
without a reasonable excuse for his refusal or neglect, or appear¬
ing, shall refuse to be examined upon oath, or (in the case of a
Quaker) on affirmation, to give evidence before such Justice,
then and in either of the said cases, every such person shall
forfeit and pay any sum not exceeding Ten pounds for every
such offence.
Mortgagee,
lessee and
secretary,
may be wit¬
nesses.
And be it further Enacted, That no person shall be deemed
incompetent to give evidence, or be disqualified from giving
testimony or evidence in any action, suit, prosecution or other
legal proceedings to be brought or had in any court of law or
equity, or before any Justice of the Peace under or by virtue of
this Act, by reason of being a mortgagee of the tolls or creditor of
the said Company, farmer lessee or collector of such tolls, secre-
o. tarv,
( 131 )
tary, clerk, engineer or other officer or servant of the said Conrr
pany, nor shall such testimony or evidence for any of the reasons
aforesaid be rejected, or liable to be questioned or set aside.
And be it further Enacted, That in all cases in which the Company to
said Company shall carry for their own profit any passengers
cattle or other animals, goods wares or merchandize, articles of the Tolls
matters or things, a separate account shall be duly kept, show- [^rt^e "seof
ing the amount of rates or tolls which would have been re- e ai waj*
ceived by the said Company for the use of the said Railway, in
respect of such passengers cattle or other animals, goods wares or
merchandize, articles matters or things, if carried by any other
party or parties, and the overseers of the poor of the several
parishes and townships through which the said Railway shall pass
shall have free access to and liberty to inspect the same at any
time during the first Fourteen days in the months of February
and August in each year.
And be it further Enacted, That all persons and corporations Persons
who may think themselves aggrieved by any order or judgment aggrieved
made or given in pursuance of any bye-law order or rule of the to^uafteT1
said Company, 01* of the said directors, and also the said Com- sessions,
pany and all other persons and corporations who may think them¬
selves aggrieved by any order judgment or determination of any
Justice of the Peace, relating to any matter or thing in this Act
mentioned or contained, and for which no power of appeal is by
this Act specifically given, may within Four calendar months
next after such order judgment or determination shall have been
made or given, appeal to the Justices of the Peace at any general
or quarter sessions, to be held for the county where the alleged
cause of appeal shall arise, first giving Ten days' notice in writ¬
ing of such intention to appeal, and of the grounds and nature
thereof to the party against whom such complaint is intended' to
be made, or to the said Company, as the case may be, and forth¬
with after such notice, in the case of an individual appealing,
entering into recognizance before some Justice of the Peace with
Two sufficient sureties, conditioned to try such appeal, and abide
the order and award of the said court thereon ; and the said
Justices shall in a summary way, either hear and determine the
said complaint at such general or quarter sessions, or, if they
think proper, may adjourn the hearing thereof to the following
general or quarter sessions of the peace to be held for such county
or place; and the said Justices may, if they see cause, mitigate
any penalty or forfeiture, and may order any money to be
returned
( 132 )
returned which shall have been levied in pursuance of such bye-
law order or rule, or determination, and may also order any such
further satisfaction to be made to the party injured as they shall
judge reasonable, and may also order such costs to be paid to
the party aggrieved by the party aggressing as they shall think
reasonable.
Declaring And be it further Enacted, That in all cases in which it may
what shall be necessary for any person or corporation to serve any summons
good service , J 1 ■ A ,
of notice on or demand, or any notice, or any writ or other proceeding at Jaw
the Com- or in equity, upon the said Company, personal service thereof
pany' upon a secretary or clerk of the said Company, or leaving the
same at the office of the said Company, or of a secretary or clerk,
or delivering the same to some inmate at such office of the
Company, or at the last or usual place of abode of such secretary
or clerk, or in case the same respectively shall not be found or
known, then personal service thereof upon any other agent of or
officer employed by the said Company, or on any one director of
the said Company, or delivering the same to some inmate of the
last or usual place of abode of such agent or officer, shall be
deemed good and sufficient service of the same respectively on
the said Company.
Declaring And be it further Enacted, That in all cases in which it may
what shall be j)e necessary for the said Company to serve any summons or
o^noUc^by6 demand, or any notice, or any writ or other proceeding at law or
the Com- in equity or otherwise upon any person or corporation under the
Pany- provisions of this Act, personal service thereof respectively upon
such person or upon some member, or upon the clerk or other
officer of such corporation, or delivering the same to some inmate
of the last or usual place of abode of such person, or of such
member, clerk or other officer of such corporation, or at the
office of such clerk or other officer, shall be deemed good and
sufficient service of the same respectively upon such person or
corporation, (as the case may be) except in cases in which any
other mode of service is by this Act particularly directed:
Provided always, that every summons demand or notice, or
other document requiring authentication by the said Company,
may be signed by one director, or by a secretary or clerk of the
said Company, and need not be under the common seal of the
said Company, and may be in writing or in print, or partly in
writing and partly in print.
And
( 133 ;
And be it further Enacted, That in case any person against How debts
whom the said Company may have any claim or demand, shall nmy be
become bankrupt or insolvent, a secretary or clerk or treasurer of of"
the said Company for the time being may do all the same acts, bankruptcy,
and have and exercise ail the same powers and privileges as to
the establishment or proof of debts, voting in choice of assig¬
nees, signing certificates and other matters and things in respect
of, or relating to the claim or demand of the said Company, as
any person, being a creditor of such bankrupt or insolvent, or
a claimant against his estate, could have or exercise in respect of
his debt or claim.
And be it further Enacted, That in all actions, suits at law or Directors
in equity, and in all proceedings under this Act, or otherwise ®"'P^etred
against or by or on behalf of the said Company, and in all arbi- releases to
trations references or other proceedings in or consequent upon or witnesses,
arising out of any such actions suits or proceedings, it shall be
lawful for any Two or more of the directors of the said Com¬
pany to make, sign, seal, execute and deliver such general or
other releases as may be or may be deemed necessary for the
purpose of qualifying any person to give evidence as a witness in
any such action, suit, arbitration, reference or other proceeding
as aforesaid, and also to do any other act matter or thing in any
such action, suit, arbitration, reference or other proceeding which
any plaintiff or defendant may do in any action, suit, arbitration,
reference or other proceeding ; and every such release, act,
matter and thing shall be as valid and effectual in all respects
and to all intents and purposes whatsoever, as if the same were
made under the seal of the said Company.
And be it further Enacted, That in all cases of prosecution for Authen-
offences against the bye-laws orders or rules of the said Com- ticated bye-
pany, the production of a written or printed paper purporting to evidence!0
be the bye-laws orders or rules of the said Company, and authen¬
ticated by having the common seal of the Company affixed
thereto, shall be evidence of the existence and of the due making
of such bye-laws orders or rules; and it shall be sufficient to
prove that a printed paper or painted board containing a copy of
such of the bye-laws orders or rules as shall subject any person
(not being a proprietor of the said Company) to any fine or
penalty, hath been affixed and published in manner by this Act
directed, and in case of its being afterwards displaced or damaged,
hath been replaced as soon as conveniently might be, unless proof
shall be adduced by the defendant that such printed paper or
6. l l painted
( 134 )
painted board is not a copy of such bye-laws orders or rules, or
hath not been duly affixed and generally continued in manner by
this Act directed.
Distress not And be it further Enacted, That where any distress shall be
unlawful for ma(je j"or any money to be levied by virtue of this Act, the dis-
w<int 01 iorm •
tress itself shall not be deemed unlawful, nor shall any party
making the same be deemed a trespasser on account of any
defect or want of form in the summons, conviction, warrant of
distress or other proceeding relating thereto, nor shall such party
be deemed a trespasser, ah initio, on account of any irregularity
which shall be afterwards committed by him ; but all persons
aggrieved by such defect or irregularity may recover full satis¬
faction for the special damage, by an action upon the case.
Proceedings And be it further Enacted, That no proceeding to be had or
quashecTfor taken in pursuance of this Act shall be quashed or vacated for
want of form, want of form, or be removed by certiorari, or by any other writ
or proceeding whatsoever into any of His Majesty's Courts of
Record at Westminster or elsewhere ; any law or statute to the
contrary notwithstanding.
Limitation of And be it further Enacted, That no action suit or information,
actions. nor any other proceeding of what nature soever, shall be brought,
commenced or prosecuted against any person for anything done
or omitted to be done in pursuance of this Act, or in the execu¬
tion of the powers or authorities, or any of the orders made given
or directed in by or under this Act, unless Twenty days previous
notice in writing shall be given by the party intending to com¬
mence and prosecute such action, suit, information or other pro¬
ceeding to the intended defendant, nor unless such action, suit,
information or other proceeding shall be brought or commenced
within Six calendar months next after the act committed ; or
in case there shall be a continuation of damage, then within
Six calendar months next after the doing or committing such
damage shall have ceased, nor unless such action suit or infor¬
mation shall be laid and brought in the county or place where
the matter in dispute or cause of action shall arise; and the
defendant in such action, suit, information or other proceeding,
may plead the general issue, and give this Act and the special
matter in evidence at any trial to be had thereupon, and that the
acts were done or omitted to be done in pursuance of or by the
authority of this Act; and if they shall appear to have been so
clone or to have been so omitted to be done, or if it shall appear
6 that
( 135 )
that such action, suit, information or other proceeding shall have
been brought, otherwise than as hereinbefore directed, then and
in every such case the jury shall find for the defendant; upon
which verdict, or if the plaintiff shall become nonsuited, or shall
suffer a discontinuance of his action, suit, information or other
proceeding after the defendant shall have appeared thereto, or
if a verdict shall pass against the plaintiff therein, or if, upon
demurrer or otherwise, judgment shall be given against the
plaintiff, the defendant shall have his costs, and shall have such
remedy for recovering the same as defendants have for recovering
costs of suit by law in other cases.
And be it further Enacted, That no plaintiff shall recover in Plaintiff not
any action for any irregularity trespass or other wrongful pro- afte^tender
ceeding made or committed in the execution of this Act, or in of amends,
under or by virtue of any power or authority hereby given, if
tender of sufficient amends shall have been made by or on behalf
of the party who shall have committed such irregularity trespass
or other wrongful proceeding before such action brought; and in
case no tender shall have been made, it shall be lawful for the
defendant in any such action, by leave of the court where such
action shall depend, at any time before issue joined, to pay into
court such sum of money as he shall think fit, whereupon such
proceedings order and adjudication shall be had and made in and
by such court, as in other actions where defendants are allowed
to pay money into court.
And be it further Enacted, That none of the directors of the Directors not
said Company hereby appointed, or hereafter to be appointed personally
under the authority of this Act, shall by reason or means, or on f^actTle-
account of his being party to or making signing or executing in gaily done as
his capacity of director of the said Company pursuant to this Directors*
Act, any contract agreement or other instrument for or on behalf
of the said Company, or otherwise lawfully executing any of the
powers and authorities given to the said directors by this Act, be
subject or liable to be sued, prosecuted or impleaded, either
collectively or individually, by any person whomsoever, in any
court of law or equity or elsewhere; and that the bodies, goods,
chattels, lands or tenements of the said directors, or any of them,
shall not by reason on account or in consequence of any such
contract or other instrument so entered into or made, signed or
executed by them or any of them as aforesaid, or any other
lawful act which shall be done by them or any of them in the
execution of any of the powers and authorities given to them or
any
( 136 )
any of them by this Act, be liable to be arrested, seized, detained
or taken in execution ; but that in every such case any person
making any claim or demand upon the said Company, or upon
any directors thereof under or by virtue of any such contract or
instrument, or other lawful act, may sue and implead the said
Company in like manner as if such contract, instrument or other
act had been entered into and executed and done under the
common seal of the said Company.
For the in- And be it further Enacted, That the directors, their heirs
fhe^directors executors an(l administrators shall be indemnified and saved
harmless from and against all payments made or liability in¬
curred, and all acts, deeds, matters and things executed done or
ordered, and all sums of money, losses, costs, charges and
damages which they shall incur in the execution of the powers
and authorities hereby granted to them, and they shall be so
indemnified out of the assets for the time being of the said
Company, and if necessary, by calls for that purpose of the
capital which may remain unpaid, and the directors for the time
being of the said Company shall apply the then existing funds
assets and capital of the said Company for the purposes of such
indemnity and reimbursement.
Provided always, and be it further Declared and Enacted, That
nothing in this Act contained shall extend or be deemed or con¬
strued to extend to prejudice, diminish, alter or take away any of
the rights powers or authorities vested in the Commissioners of
Sewers for the city and liberty of Westminster and part of the
county of Middlesex, but all the rights powers and authorities
vested in them respectively shall be as good valid and effectual
as if this Act had not been made.
Duties pay- AND whereas the Mayor and Commonalty and Citizens of
Corporation the City of London are entitled to certain duties on coals, culm
of London on and cinders, imported into the port of London, or brought by
Coals, to be Grand Junction or Paddiimton Canals nearer to London than
paid on v p .
Coals the stone or post at or near the north-east point in G rove 1 ark,
theURaiivva *n ^ count.y Hertford, or brought down the River Thames
nearer to nearer to London than the City's Stone placed on the west side
London Gf Staines Bridge, in the county of Middlesex : And whereas
don" Hllling" by an Act passed in the first and second years of the reign of
His present Majesty, intituled, " An Act for regulating the
Vend and Delivery of Coals, in the Cities of London and West¬
minster, and in certain parts of the counties of Middlesex,
Surrey,
Saving rights
of the Com¬
missioners of
Sewers.
( 137 )
Surrey, Kent, Essex, Hertfordshire, Buckinghamshire and Berk¬
shire," it was enacted, that during the term of seven years, to be
computed from the Thirty-first day of December then next, in
lieu of all other rates and duties payable to the Mayor and
Commonalty and Citizens of the City of London, the sums of One
shilling and One penny per ton on all coals, culm and cinders
brought nearer to London, on the said Grand Junction and Pad-
din gt on Canals and River Thames than the places aforesaid,
should be paid to such person or persons, and at such place or
places, in such manner and under such regulations as the Mayor,
Aldermen and Commons of the City of London in Common
Council assembled, should from time to time direct or appoint,
with such powers for the recovery thereof as are therein men¬
tioned or referred to : And whereas the said duties would be
evaded if coals, culm and cinders could be brought to or near
London by means of the said Railway without payment thereof;
BE it therefore Enacted, That the like duty per ton as shall
for the time being be payable to such person or persons as the
said Mavor, Aldermen and Commons in Common Council assem-
bled, shall direct or appoint, on coals, culm and cinders, brought
by the Grand Junction and Paddington Canals nearer to London
than the said stone or post in Grove Park aforesaid, or brought
down the River Thames nearer to London than the said City's
Stone on the west side of Staines Bridge, shall be paid in like
manner on all coals, culm and cinders brought by the Railway
hereby authorized to be made nearer to London than a stone to
be placed on the east bank of the River Colne, in the parish of
Hillingdon, or in case any deviation is made from the line of the
said Railway, as near thereto as circumstances will admit; and
the same duty shall be payable to such person or persons, at
such place or places, in such manner and under such regulations
as the said Mayor, Aldermen and Commons in Common Council
assembled shall from time to time direct or appoint, with the
same powers and authorities for giving receipts for and enforcing
or recovering payment of the same as are given by the said
hereinbefore recited Act of Parliament in respect of the like
duty on coals, culm and cinders brought by the said canals
nearer to London than the said stone or post in Grove Park
aforesaid, or brought down the River Thames nearer to London,
than the said City's Stone on the west side of Staines Bridge :
Provided always, that nothing herein contained shall extend to Allowing a
prevent the said Railway Company, their workmen and agents, certain quan-
.1 Ji • id "l 4. . .i tity of Coals
or other persons using the said Railway, pursuant to the powers to becon-
contained in this Act, from bringing by the said Railway to any sumed for the
6. m m point
c 138 )
purposes of point of the said Railway nearer to London than the said stone
without'pay- *n t^ie sa^ parish of Hillingdon, or near thereunto, all such
mentof quantities of coal and coke from time to time as shall be required
Duty- to be used, and shall be bondJide used for the purposes of the
engines of the said Company, not exceeding Five hundred tons
in any one year, without any duty being payable in respect of
such coals or coke : Provided always, nevertheless, that if any
coals or coke brought nearer to London than the said last-men¬
tioned stone without the duty being paid in respect thereof,
according to the provisions hereinbefore contained, shall be used
otherwise than for the purposes of the engines of the said Com¬
pany, or more than Five hundred tons of such coals or coke
shall be so brought in any one year without the duty being
paid in respect thereof as aforesaid, the said Company shall, in
either of such cases, for every ton of such coals or coke so
brought and otherwise used, or for every ton of such coals or
coke exceeding Five hundred tons in any one year (as the case
may be) forfeit and pay to the said Mayor and Commonalty and
Citizens the sum of One hundred pounds, to be recovered by
action of debt, bill, plaint or information in any of His Majesty's
Court of Record at Westminster.
Saving the Provided always, and be it further Enacted, That nothing in
Corporation'6 ^is ^ct contained shall prejudice or derogate from the estates,
of London, rights, privileges, franchises, jurisdiction or authority of the
Mayor and Commonalty and Citizens of the City of London, or
their successors, or the Lord Mayor for the time being, or to
prohibit, alter or diminish any power, authority or jurisdiction
which at the time of the passing of this Act the said Mayor
and Commonalty and Citizens, or the said Lord Mayor for the
time being, as conservator of the River Thames, did or might
lawfully claim, use or exercise, nor to authorize or empower the
said Company, or any other person, to make any wharfs or
other erections or works upon, or to embank, encroach upon or
interfere with any part of the soil or bed of the said river, or
the shore thereof, or to alter or divert the course of the said
river or the waters thereof within the jurisdiction of the said
Mayor and Commonalty and Citizens of the City of London, or
their successors, or the Lord Mayor for the time being.
AND whereas the Mayor, Bridgemasters and Burgesses of the
town of Maidenhead, in the county of Berks, in pursuance of a
certain Act of Parliament passed in the twelfth year of the reign
of his late Majesty King George the Third, intituled, "An
6. Act
Compensa¬
tion to Pro¬
prietors of
Maidenhead
Bridge.
( 139 )
Act for building a Bridge over the Thames near the Town of
Maidenhead, in the County of Berks ," have erected and hitherto
kept in repair the bridge over the Thames called Maidenhead
Bridge, and are bound by the provisions of the said Act and of
several charters to keep the same in repair for ever : And whereas
the said Mayor, Bridgemasters and Burgesses, in pursuance
of the powers and authorities given to them by the said Act,
have borrowed by way of mortgage, upon the credit of the tolls
thereby granted, the sum of Nineteen thousand pounds, which
has been wholly expended upon the erection and repairs of the
said bridge : And whereas, in order to secure the sufficiency
of the said tolls for the purposes aforesaid, it is enacted and
provided by the said Act of Parliament that no ferries over the
River Thames should at any time thereafter be set up or used
within the distance of one mile from Maidenhead Bridge : And
whereas the construction of a railway bridge across the Thames,
according to the proposed plan, may materially lessen the
income arising from the said tolls, insomuch that the said
Mayor, Bridgemasters and Burgesses may be unable to pay the
interest of the said sum of Nineteen thousand pounds so borrowed
as aforesaid, or to defray the future expences of repairing the said
bridge ; BE it therefore Enacted, That if during the first Three
years, to be computed from the expiration of One calendar month
immediately after the said Railway shall be completed and open
for public use, for a distance of thirty miles from the junction
with the London and Birmingham Railway aforesaid, there shall
be an annual decrease in the receipts for tolls taken by the said
Mayor, Bridgemasters and Burgesses at the said bridge as com¬
pared with the receipts during the Three immediately preceding
years, then and in such case the said Company shall pay to the
said Mayor, Bridgemasters and Burgesses a sum of money equal
to Ten years' purchase of such annual decrease, taken upon an
average of the Three years during which the same shall occur, so
as such sum of money shall not exceed the sum of Two thousand
Five hundred pounds, excepting as hereinafter provided:
And further, that if during the Three next succeeding years,
to be computed from the expiration of the first Three years
after the completion and opening of the said Railway for public
use as aforesaid, there shall be a further annual decrease in the
receipts for the said tolls as compared with the receipts during
the Three immediately preceding years, then and in such case the
said Company shall pay to the said Mayor, Bridgemasters and
Burgesses a further sum of money equal to Ten years' purchase of
such
( 140 )
such annual decrease as last aforesaid, taken upon the average ol
the said last-mentioned Three years ; which sums, or such of them
as shall become payable, shall be accepted in full satisfaction and
discharge of all claims and demands whatsoever upon the Com¬
pany by the said Mayor, Bridgemasters and Burgesses in respect
of the said tolls, so as such last-mentioned sum of money shall
not exceed the sum of Two thousand Five hundred pounds ;
Provided always, that if any deficiency shall arise in the last
mentioned period of Three vears, which-shall authorize the
Mayor, Bridgemasters and Burgesses to receive a less sum in
respect thereof than the said Two thousand Five hundred pounds,
and not otherwise, then they shall be entitled to receive, in addi¬
tion to the sum ascertained for such deficiency, a further amount
out of the said Two thousand Five hundred pounds equal to Ten
years purchase of such decrease in the first Three years, if any,
as may not have been covered by the first payment of Two thou¬
sand Five hundred pounds, so as such compensation, together with
the deficiency in the second Three years, shall in no case exceed
the sum of Two thousand Five hundred pounds: Provided always,
that nothing in this Act contained shall authorize or empower the
said Company, or any other persons, to use the intended railway
bridge over the Thames at Maidenhead for any other purpose what¬
soever than for the passage of carriages over the said Railway.
Provision for AND whereas by reason of the exercise of the powers by
land'tax 68 °f Act granted, there may be deficiencies in the assessments for
land tax in the several parishes or townships through or in which
-the several works hereby authorized may pass or be situate; BE
it therefore Enacted, That the said Company shall, from and
after they shall have become seised and possessed by virtue of
this Act of any premises charged with the land tax, and until
the works hereby authorized to be made shall be completed and
assessed to such land tax, unless the said Company shall think
fit to redeem the same, under the powers of the Acts for the
redemption of land tax, be subject and liable from time to time
to pay and make good to or in aid of such several parishes or
townships as aforesaid, out of the monies to arise by virtue of
this Act, all such sums of money as shall be deficient in the said
several assessments for land tax within the said several parishes
or townships, by reason of taking down or using for the purposes
of this Act any premises liable to such assessments, according to
the rental at which the same were valued or rated at the time of
the passing of this Act, and the treasurer or collector or receiver
to
( 141 )
to be appointed under this Act, is hereby required to pay all
such deficiencies, on demand thereof, to the collector of the said
assessments.
AND whereas the probable expence of making the said Rail- The whole of
way and the other Works hereby authorized, will amount to the ^g*^nce
sum of Two million Five hundred thousand pounds, and the scribed for
sum of One million Two hundred and Flfty thousand pounds and before the
upwards, or one-half thereof, has been already subscribed for by powersofYhe
several persons, under a contract binding themselves, their heirs, Act are put
executors, administrators and assigns, for the payment of the in *orce"
several sums by them respectively subscribed for; BE it there¬
fore Enacted, That the whole of the said sum of Two million
Five hundred thousand pounds shall be subscribed for in
like manner before any of the powers given by this Act in rela¬
tion to the compulsory taking of land for the purposes of the said
Railway shall be put in force.
Provided always, and be it further Enacted, That a certificate Certificate
under the hand and seal of any Justice of the Peace for either of J^n^of a
the respective counties of Gloucester, Somerset, Wilts, Berks, justice of the
Oxford, Bucks and Middlesex, and for the city and county of the ^eatc®hproof
city of Bristol, and the city of Bath, that the whole of the said whole of the
sum of Two million Five hundred thousand pounds hath been money has
subscribed as aforesaid (and which certificate such Justice is g^bed1*"
hereby authorized and required to grant, on application made to
him respectively by the said Company, and on production of the
subscription deed of or relating to the said Company) shall, for
all purposes whatsoever, be conclusive evidence that the whole of
the said sum of Two million Five hundred thousand pounds
has been subscribed.
AND whereas by means of the purchases which the said Enabling the
Company are empowered or are required to make by virtue of t
this Act, they may happen to be seised or possessed of more wanted.
lands than will be necessary for effecting the purposes of this
Act, or of lands not applicable to the purposes hereof; BE it
therefore Enacted, That it shall be lawful for the said Company
to contract for and to sell, and by any deed under their common
seal, and for such considerations as they may deem reasonable,
to convey to the purchasers thereof any part of such superfluous
lands, or any estate or interest purchased by the said Company
in such lands, or any part thereof, in such manner as they shall
deem most advantageous, and such contracts sales and convey-
h. N n ances
( 142 )
ances from the said Company shall be valid and effectual to all
intents and purposes : Provided always, that the said Company,
before they shall dispose of any such superfluous lands, shall
first offer to sell the same to the person or to the several persons
whose lands or premises shall immediately adjoin the lands so
proposed to be sold, such persons being in England and conveni¬
ently to be found, and being capable of entering into a contract
for the purchase of such lands ; and such respective persons, in
case thgy shall be desirous of purchasing the same, shall signify
such their desire and intention in that behalf to the said Com¬
pany within Thirty days after such offer of sale shall have been
made, and in case such persons shall decline to avail themselves
of such offer, or shall neglect to signify their desire and intention
to purchase such lands, for the space of Thirty days, the right of
pre-emption of every such person so declining or neglecting in
respect of the lands included in such offer of sale shall cease,
and an affidavit made and sworn to before a Master or Master
Extraordinary in the High Court of Chancery, or before any
Justice of the Peace for the county city or place where such
lands may be situate, by some person not interested in such
lands, stating that the person entitled to such right of pre¬
emption was not in England, or was not found, or was not
capable of entering into a contract for the purchase of such
lands, or that such offer was made by or on behalf of the said
Company, and that such offer was refused or was not accepted
by the person to whom the same was made within the space of
Thirty days from the time of making the same, shall in all
courts whatsoever be sufficient evidence and proof that such
offer was made and was refused, or was not accepted within the
time aforesaid (as the case may be) by the person to whom such
offer was made ; and in case any such person as aforesaid shall
be desirous of purchasing any such lands, and such person and
the said Company shall not agree with respect to the price
thereof, then the price thereof shall be ascertained by a jury in
the manner by this Act directed with respect to the disputed
value of lands to be taken or used by the said Company, and the
expenceof hearing and determining such difference shall be borne
and paid in like manner as in this Act is directed with respect
to the disputed value of lands to be taken or used by the said
Company, mutatis mutandis, and the money produced by the
sale which may be made by the said Company of such lands as
aforesaid shall he applied to the purposes of this Act; and in
the meantime, and until the said Company shall think proper to
make such sale, it shall be lawful for the said Company to let
0. anv
•J
( 143 )
any such superfluous lands to any person willing to become the
tenant thereof in such manner and upon such terms as the said
Company shall think proper; and all conveyances which shall be
made by the said Company, pursuant to the authority by this
Act in them reposed, shall be adjudged sufficient to vest such
estate in the purchaser as shall have been agreed for, or shall be
expressed or meant and intended to be conveyed and granted by
any such conveyance.
And be it further Enacted, That upon payment of the money Company,
which shall arise from the sale of any lands or of any interest uP»n Par
therein belonging to the said Company which shall be sold by money, to
the said Company under the authority of this Act, or upon pay- give receipts,
ment of any money under this Act, it shall be lawful for any
Two directors of the said Company, or for a secretary or clerk
or any officer appointed by the said directors for the purpose,
to sign and give a receipt for the money so paid, which receipt
shall be a sufficient discharge to all persons for the purchase
money for such lands or interests as shall be sold, or for such
other money as in such receipt shall be expressed to be received,
and such persons shall not afterwards be answerable or account¬
able for any loss, misapplication or non-application of such
purchase money or other money, or of any part thereof.
And be it further Enacted, That in all conveyances to be The word
made by the said Company under or in pursuance of this Act, " Grani> ,a
the word " Grant" shall operate as and be construed and ad- fromThe068
judged in all courts of judicature to be express covenants to or Company to
with the respective grantees therein named, and the successors, certain'cove-
heirs, executors, administrators or assigns of such grantees, ac- nants.
cording to the quality or nature of such grantees' interest therein,,
and the estate or interest therein expressed to be thereby con¬
veyed by or from the said Company, for themselves and their
successors, that they the said Company, notwithstanding any act
or default done by them were at the time of the execution of
such conveyances seised or possessed of the lands or premises
thereby granted for an indefeasible estate of inheritance in fee
simple, free from all incumbrances done or occasioned by them,
or otherwise for such estate or interest as therein expressed, to be
thereby granted free from incumbrances done or occasioned by
them, and that the purchaser thereof, his heirs and assigns, suc¬
cessors and assigns, or executors administrators and assigns (as
the case may be), shall quietly enjoy the same against the said
Company and their successors and all claiming under them, and
be
( 144 )
be indemnified and saved harmless by the said Company and
their successors from all incumbrances committed by the said
Company, and also for further assurance at the expence of such
grantees respectively, their heirs, successors, executors, adminis¬
trators or assigns of such lands and premises by the said Company
or their successors and all claiming under them, unless except
and so far as the same shall be restrained and limited by express
particular words contained in such conveyances ; and all such
grantees and their several successors, heirs, executors, adminis¬
trators and assigns respectively, according to their respective
quality or nature, and the estate or interest expressed to be
conveyed, shall and may in all actions to be brought, assign
breach or breaches of covenant as they might do in case such
covenants were expressly inserted in such conveyances.
Proprietors And be it further Enacted, That in case the money hereby
additional" authorized to be raised by subscription as hereinbefore mentioned,
sum of shall be found insufficient for the purposes of this Act, it shall be
money, if lawful for the said Company from time to time by an order of
"^mortgage. any general or special general meeting of the said Company, to
borrow and take up at interest any further or additional sum not
exceeding in the whole the sum of Eight hundred and thirty-
three thousand eight hundred and thirty-three pounds on the
credit of the said Undertaking ; and the directors of the said
Company, after an order shall have been made for that purpose
at any general or special general meeting of the said Company,
are hereby empowered to mortgage assign and charge the pro¬
perty of the said Undertaking, and the rates tolls and other
sums arising or to arise by virtue of this Act or any part thereof
(the costs and charges of assigning the same to be paid out of
such rates tolls or sums), as a security for any such money to
be borrowed as aforesaid, with interest to or for the benefit of
the party who shall advance the same, or to his trustee; and a
copy of the order of any general or special general meeting of
the said Company, authorizing the borrowing of any such sum
of money, certified by one director or by a secretary or clerk
of the said Company to be a true copy, shall be sufficient evi¬
dence of the money authorized to be raised by subscription be¬
ing insufficient for the purposes of this Act, and of the making
of the order for raising such additional sum of money; and all
which mortgages assignments and charges shall be made under
the common seal of the said Company in the words or to the
effect following, or with such variation therein as the circum¬
stances of the loan may render necessary; (that is to say)
" Great
(145 )
"Great Western Railway Company. Form of
" Number
" BY Virtue of an Act passed in the year of the reign
of His Majesty King William the Fourth, intituled,
[here set forth the title of this Act], We ' The Great
Western Railway Company/incorporated by and
under the said Act, in consideration of the sum of
to us in hand paid by A. B.
of Do assign unto the said A. B his
executors administrators and assigns, the said Under¬
taking, and all and singular the rates tolls and sums of
money arising by virtue of the said Act, and all the estate,
right, title and interest of the said Company in and to
the same ; To hold unto the said A. B. his executors
administrators and assigns, until the said sum of
together with interest for the same after
the rate of for every One hundred pounds
for a year, shall be fully paid and satisfied. Given under
our common seal this day of
in the year of our Lord
And the respective parties to whom such mortgages or assign¬
ments shall be made, shall be entitled one with the other to
their respective proportions of the said rates tolls and sums and
premises according to the respective sums in such mortgages or
assignments mentioned to be advanced, without any preference
by reason of priority of the date of any such order of meeting,
or priority in date of such mortgage or assignment, or on any
other account whatsoever; and an entry or memorial of such
respective mortgages or assignments, containing the numbers
and dates thereof, and the names of the parties with their proper
additions to whom the same shall have been made, and of the
sums borrowed, together with the rate of interest to be paid
thereon respectively, shall within Fourteen days next after the
date thereof be entered in some book, to be kept by a secretary
or clerk of the said Company, which said book may be perused
at all reasonable times by any of the proprietors or mortgagees
of the said Undertaking, or other persons interested therein,
without fee or reward ; and all parties to whom any such mort¬
gage or assignment shall have been made as aforesaid, or who
shall be entitled to the money due thereon, may from time to
time transfer their respective rights and interests therein to any
other person, and every transfer thereof may be in the words, or
to the effect following; (that is to say)
6. o o " I, A. B.
( 146 )
Form of
Transfer of
mortgage.
], A.B. of in consideration of
the sum of paid by C. D.
of Do hereby transfer to the said
C. D. his executors administrators and assigns, a certain
mortgage, number made by ' The Great
W estern Railway Company,' to ;
bearing date the day of for securing
the sum of and interest, and all my right
estate and interest in and to the money thereby secured,
and in and to the rates, tolls, sums of money and property
thereby assigned. Dated this day of
in the year of our Lord
And every such transfer shall within Twenty days after the date
thereof, if executed in England, or otherwise within Twenty-eight
days after the arrival thereof in England, if executed elsewhere,
be produced to a secretary or clerk of the said Company, who
shall cause an entry or memorial to be made thereof in the same
manner as of the original mortgage or assignment, for which the
said Company shall be paid the sum of Two shillings and sixpence;
and after such entry or memorial made, every transfer shall
entitle such assignee, his executors administrators and assigns, to
the full benefit thereof and payment thereon; and it shall not be
in the power of any person who shall have made such transfer
to make void, release or discharge the mortgage so transferred,
7 o o o 7
or any money thereon due or thereby secured, or any part
thereof.
Or power to
increase
capital stock
by raising
amount by
shares.
And be it further Enacted, That in case the said Company,
at any special meeting to be called as in this Act is directed,
instead of borrowing such further or additional sum as aforesaid
by way of mortgage, or continuing the same on mortgage, shall
think it advisable to raise such further or additional sum, or any
part thereof, by way of augmentation of their capital stock, or
shall deem it expedient to borrow or continue at interest only
a part of the said further or additional sum by way of mortgage,
and to raise the remainder thereof, or part of the remainder
thereof, by way of augmentation of their capital stock, then and
in either of the said cases it shall be lawful for the said Company,
by the issuing of new shares, to augment the capital stock of the
said Company by any further sum or sums of money, so as the
same, together with any sum of money that may be borrowed
and continuing at interest by way of mortgage as aforesaid, shall
6. not
( 147 )
not exceed sucli further and additional sum of Eight hundred
and Thirty-three thousand Three hundred and Thirty-three
pounds hereby authorized to be raised as aforesaid ; and all such
further and additional capital stock, not exceeding such addi¬
tional or further sum as aforesaid, as shall be so raised, shall be
considered as part of the general capital stock of the said Com¬
pany, and be under and subject to the same provisions, regula¬
tions, directions and management, in all respects and to all
intents and purposes, as if the same had been part of the original
capital stock of the said Company, except as to the times of
making calls for the said additional capital stock and the amount
of such calls, which times and the amount of such calls respec¬
tively shall from time to time be appointed by the said Com¬
pany : Provided always, that all the regulations provisions and
authorities herein contained, in relation to the calls for the ca¬
pital stock of the said Company, and to the recovery thereof, or
of any arrears thereof, and to the forfeiture of any sums advanced
by reason of any neglect or refusal to comply with such calls,
shall be applicable to the calls for the said further and additional
sum hereby authorized to be raised or subscribed as aforesaid, or
such part thereof as shall be required to be raised by way of
additional capital stock as aforesaid, and to the refusal or neglect
to comply with such last mentioned calls.
And be it further Enacted, That when and so soon as the sum of Proprietor
One million Two hundred and Fifty thousand pounds, in respect
of the money hereby authorized to be raised by subscription as mongagem
hereinbefore mentioned, shall have been actually raised and paid anticipation
up for the purposes of this Act, it shall be lawful for the said Com- capital,
pany from time to time, by an order of any general or special
general meeting of the said Company, to borrow and take up at
interest any sum of money not exceeding in amount in the whole
the remainder of the money so authorized to be raised by sub¬
scription on the credit of the said Undertaking; and the said
Company, after an order shall have been made for that purpose at
any general or special general meeting of the said Company, are
hereby empowered to mortgage assign and charge the property
of the said Undertaking, and all the future calls on shares in
the capital of the said Company, and the rates tolls and other
sums arising or to arise by virtue of this Act, or any part thereof,
as a security for any such money to be borrowed as aforesaid,
with interest, to or for the benefit of the party who shall ad¬
vance the same or to his trustee ; and a copy of the order of any
general or special general meeting of the said Company, autho¬
rizing
( 148 )
rizing ihe borrowing of any such sum of money, certified by one
director or a secretary or clerk of the said Company, to be a true
copy, shall be sufficient evidence of the said sum of One million
Two hundred and Fifty thousand pounds, in respect of the money
authorized to be raised by subscription as aforesaid, having been
so raised and paid up for the purposes of this Act, and of the
making of the order for raising such sum as hereinbefore recited :
Provided always, that no such mortgage shall preclude the said
Company from receiving and applying to the purposes of the said
Company all the calls to be made by the said Company, so long
as the principal monies due on the mortgage of the said Under¬
taking shall not exceed the amount of all the calls still remaining
to be made; and all such mortgages assignments and charges
shall be made under the common seal of the said Company, in
the words or to the effect following, or with such variation
therein as the circumstance of the loan may render necessary ;
(that is to say)
Form of " GREAT WESTERN RAILWAY COMPANY.
Mortgage.
" Number
" BY Virtue of an Act passed in the year of the reign
of King William the Fourth, intituled, \Jiere set forth
the title of this Act,] We, ' Tiie Great Western Rail¬
way Company/ incorporated by and under the said Act,
in consideration of the sum of
to us in hand paid by A. B., Do assign unto
the said A. B. his executors administrators and assigns,
the said Undertaking, and all future calls on the proprietors
of the said Undertaking, and all and singular the rates
tolls and sums of money arising by virtue of the said Act,
and all the estate, right, title and interest of the said
Company in and to the same ; To hold unto the said A. B.
his executors administrators and assigns, until the said
sum of together with
the interest for the same after the rate of
for every One hundred pounds by a year, shall be
fully paid and satisfied. Given under our common seal
this day of
in the year of our Lord /'
And the respective parties to whom such mortgages or assign¬
ments shall be made, shall be entitled one with another to their
respective proportions of the said rates, tolls, sums and premises,
and
( 149 )
and of the future calls, according to the respective sums in such
mortgages or assignments mentioned to be advanced, without any
preference by reason of priority of the date of any such order of
meeting, or priority of date of such mortgage or assignment, or
on any other account whatsoever ; and an entry or memorial of
such respective mortgages or assignments, containing the numbers
and dates thereof, and the names of the parties, with their proper
additions, to whom the same shall have been made, and of the sums
borrowed, together with the rate of interest to be paid thereon
respectively, shall within Fourteen days next after the date
thereof, be entered in some book to be kept by a secretary or
clerk of the said Company, which said book may be perused at all
reasonable times by any of the proprietors or mortgagees of the
said Undertaking, or other persons interested therein, without fee
or reward ; and all parties to whom any such mortgage or assign¬
ment shall have been made as aforesaid, or who shall be entitled
to the money due thereon, may from time to time transfer their
respective rights and interests therein to any other person or
persons, and every transfer thereof may be in the words or to the
effect following ; (that is to say)
" I, A. B. of in consideration of Form of
the sum of paid by C. D. of Transfer
Do hereby transfer to the said C. D.,
his executors administrators and assigns, a certain mort¬
gage, number made by
' The Great Western Railway Company,' to
bearing date the
day of for securing the sum of
and interest, and all my
right estate and interest in and to the money thereby
secured, and in and to the rates, tolls, sums of money,
calls and property thereby assigned. Dated this
day of
in the year of our Lord
And every such transfer shall within Twenty days after the
date thereof, if executed in England, or otherwise within
Twenty-eight days after the arrival thereof in England, if
executed elsewhere, be produced to a secretary or clerk of the
said Company, who shall cause an entry or memorial to be made
thereof, in the same manner as of the original mortgage or assign-
6. p p ment
( 150 )
Not to pre¬
vent the
raising addi¬
tional sum
merit, for -which the said Company shall be paid the sum of Two
shillings and sixpence ; and after such entry or memorial made,
every transfer shall entitle such assignee, or his executors admi¬
nistrators and assigns, to the full benefit thereof and payment
thereon, and it shall not be in the power of any person who shall
have made such transfer to make void, release or discharge the
mortgage so transferred, or any money thereon due or thereby
secured, or any part thereof: Provided always, that the power
hereinbefore contained, enabling the said Company to borrow
money in anticipation of their capital, shall not abridge or pre-
by mortgage, judice the power hereinbefore given to the said Company, in case
the money hereby authorized to be raised by subscription shall be
found insufficient for the purposes of this Act, to borrow and take
up at interest any further or additional sum, not exceeding in the
whole the sum of Eight hundred and Thirty-three thousand Three
hundred and Thirty-three pounds, on the credit of the said Un¬
dertaking ; but that it shall be lawful for the said Company to
borrow and take up at interest the said sum of Eight hundred and
Thirty-three thousand Three hundred and Thirty-three pounds,
or so much thereof as they shall think proper, without waiting till
the money borrowed or taken up in anticipation of their capital
as aforesaid shall have been paid off.
Power to
borrow
money of
Excbetjuer
Loan Bill
Commission¬
ers, and give
security,
3G.4, c. 86.
And be it further Enacted, That it shall be lawful for the said
Company, at any time, or from time to time, by order of any
general or special general meeting, to borrow of the Commis¬
sioners for carrying into execution an Act of Parliament passed
in the third year of the reign of his late Majesty King George
the Fourth, intituled, " An Act to amend two Acts of the fifty-
seventh year of his late Majesty, and the first year of his present
Majesty, for authorizing the issue of Exchequer Bills and the
advance of Money for carrying on Public Works and Fisheries,
and employment of the Poor, and to authorize a further issue of
Exchequer Bills for the purposes of the said Act," any sum or
sums of money not exceeding in the whole the sum or sums of
money hereby authorized to be raised by mortgage as aforesaid,
and by deed under the common seal, and at the costs of the said
Company, to assign and assure to the secretary for the time being
of the said Commissioners, and as they shall direct, free from all
incumbrances, the said Undertaking, and all the works and pro¬
perty of the said Company, and all rates tolls, profits and
receipts accruing and thereafter to accrue to or for the use of
the said Company, under or by virtue of the authority of this Act
6. or
( 151 )
or otherwise, for securing to the said Commissioners the repay¬
ment of the amount of the Exchequer Bills to be so borrowed as
aforesaid.
And he it further Enacted, That every security to be given to
the said Commissioners as aforesaid shall not be affected by any
informality in any meeting or proceeding of the said Company
or the said directors, and shall have priority over all other
mortgages charges and securities whatsoever to be created by the
said Company under the authority of this Act.
And be it further Enacted, That the interest of the money interest ut
which shall be raised bv any such mortgage assignment or charge monfciy b"'"
j j oo o # o rowed to uo
as aforesaid, shall be paid half-yearly to the several parties entitled paid in Pre-
thereto. and in preference to any dividends payable by virtue of t1eren1<ee ^
this Act to the proprietors of the said Company, or any of them ; 1 1
and in case such interest, or any part thereof, shall be unpaid by
the space of Thirty days next after the same shall have become
due and payable as aforesaid, and the same shall not be paid
within Thirty days next after demand thereof in writing shall
have been made to the said Company, it shall be lawful for Two
or more Justices of the Peace acting for any of the said counties
of Gloucester, Somerset, Wilts, Berks, Oxford, Bucks and Middle¬
sex, and for the city and county of the city of Bristol, and the city
of Bath, not being interested in the matter in question, and they
are hereby respectively required, on request to them made by or
on behalf of any mortgagee, or assignee of a mortgagee, whose in¬
terest shall be so in arrear, by an order under their hands, to ap¬
point some person to receive the whole or such part of the said
rates tolls or sums as are liable to pay such interest so due and un¬
paid as aforesaid, and the money so to be received by such person
is hereby declared to be so much money received by or to the use
of the person to whom such interest shall be then due, until the
same, together with the costs and charges of recovering and
receiving the rates tolls or sums, shall be fully paid and satisfied ,
and after such interest and costs shall have been paid and satis¬
fied, the power and authority of such receiver, for the purposes
aforesaid, shall cease and determine ; or otherwise the said interest
so due and unpaid as aforesaid may be sued for and recovered
from the said Company, with costs, by an action of debt in any
of His Majesty's Courts of Record at Westminster.
Security to
Commission¬
ers to have
priority
Provided
( 152 )
Creditors not
to vote.
Directors
empowered
to stipulate
periods for
redemption
of money to
be borrowed
on security
of rates.
Provided always, and be it further Enacted, That no person
to whom any such mortgage or assignment shall be made or
transferred shall by reason thereof be deemed a proprietor of any
share, or shall be capable of acting or voting as such at, or
taking any part in the proceedings of any meeting of the said
Company.
And be it further Enacted, That when any sum of money shall
be borrowed at interest, pursuant to the powers in that behalf
contained in this Act, it shall be lawful for the said Company, in
case they shall in their discretion think proper so to do, to fix a
period or periods for the repayment of the principal sum of money
so to be borrowed, with the interest thereof; and in such case the
said Company shall cause to be inserted in such mortgage or
assignment the time or times which shall be fixed or agreed upon
for the repayment of the principal money thereby to be secured ;
and such sum of money, with all arrears of interest thereon, shall
accordingly be paid at the time or times so to be fixed, to the
party who shall, upon the expiration of such period or periods,
be the holder of and entitled to such mortgage or assignment, or
his nominee.
And be it further Enacted, That where no time shall be fixed
for the repayment of any sum of money borrowed under the autho¬
rity of this Act, the party entitled to any such mortgage or assign¬
ment may and he is hereby authorized to demand payment] of the
principal monies thereby secured, with all arrears of interest, at
the expiration or at any time after the expiration of Twelve calen¬
dar months from the date of such mortgage or assignment, upon
giving Six calendar months' notice in writing to a secretary or clerk
of the said Company for the time being; provided nevertheless,
that the said Company may at all times pay off and discharge
all such mortgages or assignments in which no time shall be fixed
for the payment thereof, or any part of the money thereby secured,
on giving Six calendar "months' notice in the London Gazette,
and in Two or more newspapers circulated in London and Bristol;
and at the expiration of the said Six calendar months, all interest
shall cease to be paid on the said principal money, unless the said
Company shall, on demands make default in the payment thereof,
in pursuance of such notice.
JaymenTof -And he it further Enacted, That in case of non-payment of
icipal any principal sum of money which shall be secured by any such
my bor- mortgage
older of
ortgages or
■iignments
r money
•rrowed for
limited
. iods may
_jmand pay¬
ment after
Twelve
months from
their date.
Directors
may pay off
such mort¬
gages on
giving Six
nonths'
lotice.
( 153 )
mortgage or assignment as aforesaid, by virtue of this Act, or of
any part of such principal monies, at the time or times when the
same ought to be paid, and in case the same shall not be paid
within Six calendar months next after the same shall be so
payable as aforesaid, and after demand thereof in writing shall
have been made to the said Company, it shall be lawful for Two
or more Justices of the peace acting for any of the said counties of
Gloucester, Somerset, Wilts, Berks, Oxford, Bucks and Middlesex,
and for the city and county of the city of Bristol, and the city of
Bath, not being interested in the matter in question, and they are
hereby respectively required, on request to them made by or
on behalf of any One or more of the parties entitled to any
such mortgages or assignments as aforesaid, and to whom any
principal sums of money shall be then due thereon and unpaid,
amounting together to the sum of Twenty thousand pounds,
by an order under their hands to appoint some person to receive
the whole or such part of the said rates tolls or sums as are
liable to pay such principal monies so due and unpaid as afore¬
said ; and the money so to be received by such person is hereby
declared to be so much money received by or to the use of the
persons and corporations to whom such principal money shall be
due, and on whose behalf such receiver shall have been so ap¬
pointed, until the same, together with the costs and charges of
recovering and receiving the rates tolls or sums, and all interest
then due thereon, sha1! be fully paid and satisfied ; and after such
principal interest and costs shall have been paid and satisfied, the
power and authority of such receiver for the purposes aforesaid
shall cease and determine, or otherwise the said principal money
so due and unpaid as aforesaid, may be sued for and recovered
from the said Company, with costs, by an action of debt in any
of His Majesty's courts of record at Westminster.
And be it further Enacted, That in case the said Company i„ case
shall raise the whole or any part of the money hereinbefore au- mortgages
thorized to be raised by mortgage assignment or charge as p^verlo
aforesaid, and shall afterwards pay off all or any part thereof, raise the
then and in every such case it shall be lawful for the said Company, a"10unt
immediately or at any time thereafter, again to raise in lieu of the
principal money so paid off by them, such sum of money as they
shall from time to time have paid off, or any part thereof, and so
from time to time as often as the same shall happen, but so never¬
theless that the said Company shall not in any event borrow
more than the sum of Eight hundred and thirty-three thousand
6. q q three
( 154 )
Property to
revert to the
Company
after pay¬
ment of
mortgage
debts.
If land not
contracted
tor within
Two years,
power to
take pro¬
perty on
compulsion
to cease.
If Railway
not com¬
pleted in
Seven years,
powers to
cease, eiicept
as to such
part, if any,
as shall be
completed.
three hundred and thirty-three pounds in the whole, over and
above the amount of the calls for the time being remaining
unpaid, and still to be called for by the said Company*
And be it further Enacted, That after payment or satisfaction
of all the monies due from the said Company upon or by virtue
of any mortgage made by them under the powers of this Act, all
the estate, property, premises, rights and interests by such
mortgage vested in the mortgagee, his successors, heirs, executors,
administrators or assigns, shall, without any transfer or convey¬
ance, or any other act or deed, immediately revert to and revest
in the said Company.
And be it further Enacted, That unless the said Company
shall within the space of Two years, to be computed from the
passing of this Act, agree for or cause to be valued and paid for
as in this Act is mentioned, the lands which they are by this Act
empowered to take or use, or otherwise so much thereof as shall
be by them deemed necessary and proper for the purposes of
making the said Railway or other Works hereby authorized
(save and except the aforesaid Fifty acres of land which the
said Company are by this Act authorized to purchase in addition
to the lands hereby authorized to be taken or used for making
the said Railway and other Works), then and from thenceforth
the powers which are hereby granted to them for taking or using
such lands shall cease and be utterly void, (save and except with
the consent in writing of the owners and occupiers thereof
respectively).
And be it further Enacted, That in case the said Railway and
Works shall not have been made and completed (unless prevented
by inevitable accident) within the space of Seven years, to be
computed from the passing of this Act, then from and after the
expiration of the said term of Seven years all the powers
authorities and privileges given by this Act shall cease and deter¬
mine, save only and except as to so much (if any) of the said
Railway and Works as shall be declared and certified to have
been completed within the said term by the Justices of the Peace
of the said counties of Gloucester, Somerset, JVilts, Berks, Oxford,
Bucks and Middlesex, and for the city and county of the city of
Bristol, and the city of Bath, or any one of them, assembled at
any general or quarter sessions of the peace to be held in and for
either of the said counties of Gloucester, Somerset, Wilts, Berks,
0- Oxford,
( 155 )
Oxford, Bucks and Middlesex, and for the city and county of the
city of Bristol, and the city of Bath, at any time before the expira¬
tion of the said term of Seven years, or within Six calendar
months next after the expiration thereof, upon the evidence of
Two or more witnesses upon oath, or in the case of Quakers,
affirmation, to be produced before such Justices for that purpose.
And be it further Enacted, That if the said Railway, or any If Railway
part thereof, shall at any time hereafter be abandoned or given
up by the said Company, or after the same shall have been com- revert to
pleted, shall for the space of Three years cease to be used and or|g|nal
employed as a Railway, then and in such case the lands so pur¬
chased or taken by the said Company for the purposes of this
Act, or otherwise the parts thereof over which the said Railway
or any part of such Railway which shall be so abandoned or given
up by the said Company shall pass, shall vest in the owners for
the time being of the land adjoining that which shall be so
abandoned or given up, in manner following; (that is to say) One
moiety thereof in the owners of the land on the one side and the re¬
mainder thereof in the owners of the land on the other side thereof.
And be it further Enacted, That this Act shall be deemed and Act declared
taken to be a Public Act; and shall be judicially taken notice of 1>ubllc-
as such, by all Judges, Justices and others.
THE
( 156 )
THE SCHEDULE
To WHICH THE FOREGOING ACT REFERS.
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
CITY AND COUNTY OF THE CITY OF BRISTOL.
Corporation of Bristol
Ditto -
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto -
Bristol Dock Company
Corporation of Bristol
and Bristol Dock
Company.
Corporation of Bristol
Parish of Temple, otherwise Holy Cross.
Susannah llicketts
- - William Gregg, Emily
Jones, Ann Jones, Jane
Griffin and John Milsom.
- - William Gregg, Emily
Jones, Ann Jones, Ro¬
bert Phippen and George
Fudge.
- ditto -
- ditto -
- ditto -
- - Trustees of the Bris¬
tol cattle-market.
- ditto -
John Hare, jun. -
William Ilsley
John James
David Jones
Sylvia Boyce -
- - John Wakefield,
SamuelWakefield, Sa¬
muel Walton & John
Pugh.
Aurelius John Drewe
John Anjer
- ditto -
- - Governor, deputy-
governor, assistants &
guardians of the poor
of the city of Bristol.
William Evans
Void -
Void
- - Tenement and gar¬
den.
- ditto.
- ditto.
- ditto.
Stables, shed and jrard.
Rope-walk.
Garden and pasture.
Cattle-market.
- - Cholera burying-
ground.
- - Scavenger's yard,
stables, cottage & shed.
Landing stank.
- - Part of Bristol float¬
ing harbour.
Cooper's shop.
COUNTY OF GLOUCESTER.
Corporation of Bristol
and Bristol Dock
Company.
Trustees of the late
Wm. Tyler,and Bris¬
tol and Gloucester¬
shire Railway Comp^
James Duffett -
Parish of Saint Philip and Jacob.
Void
John Warrey -
- - Part of Bristol float¬
ing harbour.
Yard & house, in ruins.
Tenement and garden.
( 157 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Saint Philip and Jacob—'Continued.
James Duffett -
_ • _ — —
William Curtis
Tenement and garden.
Ditto -
-
Daniel Sweet -
- ditto.
Ditto -
William Hazard
- ditto.
Ditto -
«...
Joseph James -
Tenement.
Ditto -
- - - _
John Heard
Tenement and garden.
Bristol and Gloucester¬
-
In hand -
Garden.
shire Railway Comp>
Ditto -
*
- ditto -
- - Tenement, yard and
shed.
Ditto -
....
- ditto -
Yard.
Joseph Langley and
Anthony Gudge -
Void
Tenement.
Luke Higgs.
Ditto -
- ditto -
ditto -
- ditto.
Ditto -
- ditto -
ditto -
- ditto.
Ditto -
- ditto ...
Anthony Gudge
- ditto and shop.
Ditto -
-
John Wise
Tenement and outlet.
Ditto - -
- ....
Void
- ditto.
Ditto -
....
ditto -
- ditto.
Ditto -
ditto ■
- ditto.
Thomas Hooper Riddle
....
- - Thos. Hooper Rid¬
Lead works.
dle & Herbert Riddle.
George Boyd Falcon-
-
Thomas Hare -
Tenement and garden.
bridge.
Richard Weaver
-
William Roney
- ditto.
John Spokes
-
Himself - - -
- - Tenement, garden,
and tobacco-pipe manu¬
factory and pottery.
Samuel Spokes -
- - - -
Himself -
- - Unfinished tenement
and yard.
Daniel Scrase, jun.
. ....
Himself -
Tenement and garden.
John Sheppard -
. -
Himself -
Yard.
Richard Gillham
_ . « . •
Himself -
Public-house and yard.
Ditto -
• -
Harriet Clarke
Tenement and yard.
Thos. Hooper Riddle
....
- - Thos. Hooper Rid¬
- - Lead works, tene¬
dle & Herbert Riddle.
ments, counting-houses
and outbuildings.
Richard Gillham
m
John Squires -
Tenement and outlet.
John Williams -
-
Himself -
- Stables, wheelwright's
shop and yard.
Ditto •
.
Himself -
Tenement and outlet.
Joseph Garland -
-
Himself - -
- ditto.
Sally Nash
. ....
Jane Evans
Tenement.
Ditto -
....
Thomas Fanning
- ditto and shop.
Ditto -
•
Jeremiah Nutt -
Tenement.
Ditto -
....
Robert Pike
- ditto.
Thomas Davis -
Void ...
Unfinished tenements.
James Webber Bousher
Robert Pike
Robert Pike
- - Ground and site of
house and workshop.
Ditto -
. .
- - James Baker, John
Rosser and William
Gale.
- - Unfinished tene¬
ments, yard and cow
sheds.
Trustees of the late
- - Thomas Gadd and
John liosser
Beer-shop.
Wm. Tyler,deceased.
Sarah Gadd.
Ditto and Wrn. Heath
John Facey
Robert Porter -
Tenement and garden.
Ditto -
- ditto -
George Porter -
- ditto.
Ditto -
- ditto -
William Dunscombe
- ditto.
Ditto -
ditto -
Mary Williams
- ditto and shop.
Trustees of the late
- ditto -
James Facey -
- ditto and yard.
William Tyler.
Ditto -
- ditto -
John Facey
- ditto and stable.
Ditto -
- - ditto and George
Luton.
Robert Gris
- ditto and yard.
Ditto -
Henry Shcdden -
George Baker -
- ditto, stable & pig-
si ve.
I). PR (continued)
( 158 )
OWNER
DESC RIPTION
or
LESSE E.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Saint Philip and Jacob—continued.
Trustees of the late
Henry Shedden -
John Ellis
Tenement and yard.
William Tyler.
Ditto -
- ditto -
Void
- ditto.
Ditto -
- ditto
ditto - - -
- ditto.
Ditto -
- ditto - - -
Thomas Moggridge -
- ditto.
Ditto -
- ditto -
Richard Pike -
- ditto.
Ditto -
- ditto ...
John Ellis, jun.
Tenement and garden.
Ditto -
Roes Miles
- ditto.
Ditto -
• -
Void
- ditto.
Ditto -
M - -
ditto -
- ditto.
Ditto -
•
Ann Watkins -
- ditto.
Ditto -
Void ...
- ditto.
Ditto -
- - Henry Ray and Ed¬
Hannah Merrick
Tenement and shop.
ward Webb.
Ditto -
- ditto -
Mary Facey
Tenement.
Ditto -
- ditto ...
Ann Plaister -
- ditto.
Ditto -
- ditto -
John Nicholls -
- ditto and garden.
Ditto - - -
- ditto ...
William Young
- ditto.
Ditto -
- ditto
Henry Herley -
- ditto.
Ditto - - -
- ditto ...
Jonathan Frankham -
- ditto.
Ditto -
- ditto ...
Void
- - Unfinished tenement
and garden.
Ditto -
- ditto ...
ditto ...
Tenement and garden.
Ditto -
- ditto ...
ditto ...
- ditto.
Ditto -
- ditto -
Mary Lane
- ditto.
Ditto -
- ditto ...
Void ...
- ditto.
Ditto -
William Robins -
William Robins
- - Tenement, garden,
stable, cow-house and
shed.
Ditto -
William Marshall
William Marshall
- - Tenement, garden
and pig-stye.
Ditto -
- - John Bush and Neast
William Davey
Tenement and garden.
Greville Prideaux.
Ditto -
- ditto.
William Hayes
- ditto.
Ditto -
Robert Standrick
Robert Standrick
- - Tenement and gar¬
den and shed.
Ditto -
- ditto ...
James Watts -
- ditto.
Ditto -
- ditto ...
Robert Snook -
- ditto.
Ditto -
- ditto ...
William Robins, jun.
Tenement and garden.
Ditto -
- - John Bush and Neast
William Gomm
- ditto.
Greville Prideaux.
Ditto -
- ditto ...
Void
- ditto.
Ditto -
John Gaton
John Pratten -
- ditto.
Ditto -
- ditto ...
Void
- ditto.
Ditto -
- ditto ...
ditto ...
- ditto.
Ditto -
John Short -
Francis Eddols
Tenement, garden
and well.
Ditto -
- ditto ...
Dennis Keath -
- ditto.
Ditto -
- ditto -
Void
- ditto.
Ditto -
- ditto -
John Short
- ditto.
Ditto -
- - John Bush and Neast
James Spokes -
- ditto.
Greville Prideaux.
Ditto -
William Windows
William Windows
Tenement and garden.
Ditto -
- - John Bush and Neast
Void
- ditto.
Greville Prideaux.
Ditto -
- ditto ...
ditto ...
- ditto.
Ditto -
Thomas Sanders -
ditto ...
- - Tenement, garden
and shed.
Ditto -
William Tarr
Samuel Aines -
Tenement and garden.
Ditto -
- ditto . . .
James Carline -
- ditto.
( 159 )
OWNER
i
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
1
PROPERTY.
1
'arish of Saint Philip and Jacob—continued.
Trustees of the late
William Tarr
Void ...
Tenement and garden.
William Tyler.
Ditto - - -
- ditto ...
ditto -
- ditto.
Ditto -
• - John Underbill, Wm.
John Wedge -
- ditto.
Wicks and Sarah Curtis
Wicks.
Ditto - -
John Underhill -
Joseph Nutt
• ditto.
Ditto -
- ditto -
John Underhill
- ditto - and shed.
Ditto -
John Peavey, sen. and
John Peavey, jun.
Tenement and garden.
John Peavey, jun.
ditto - & back kitchen.
Ditto -
Francis Bines
Francis Bines -
Ditto -
- ditto -
William Punchard -
- ditto.
Ditto -
- ditto ...
Void ...
- ditto.
Ditto -
- ditto -
John Ward
- ditto.
Ditto -
Mary Seward
Void ...
Tenement and garden.
Ditto -
Richard Pincott -
Richard Pincott
• ditto - and shed.
Ditto -
John Harper
John Harper -
Tenement, garden, shed
and well.
Ditto -
William Gray
William Russell
Tenement, garden and
shed.
Ditto -
William Pincott -
William Seward
Tenement, garden and
back kitchen.
Ditto -
- ditto ...
William Pincott
- ditto.
Ditto -
John Bush and Neast
Void ...
Site of a house.
Greville Prideaux.
Ditto -
William Pearce -
ditto ...
Tenement and garden.
Ditto ...
- ditto ...
John Sweet
Tenem' and washhouse.
Ditto -
- ditto ...
John Honeywill
- ditto.
Ditto -
- ditto ...
Void
- ditto.
Ditto ...
George Thorn and Sa¬
ditto ...
- ditto.
muel Stallard.
Ditto -
- ditto - - -
Samuel Munday and
- ditto.
John Ham.
Ditto -
William Treble and Su¬
William Treble
Tenement, shop, gar¬
sannah Stallard.
den and stable.
Ditto -
Samuel Stallard and
Samuel Stallard
Tenement, garden and
Susannah Stallard.
shed.
Ditto -
Samuel Stallard -
- ditto -
- ditto.
Ditto - - -
Susannah Stallard
Susannah Stallard -
- ditto.
Ditto -
.....
Edwin Selway -
Tenement and garden.
Ditto -
•
Void ...
- ditto.
Ditto -
- „
William Bennett
- ditto.
Ditto -
- - -
George Tucket-
- ditto.
Ditto -
.....
Void ...
- ditto.
Ditto -
John Bush and Neast
ditto ...
Tenement.
Greville Prideaux.
Ditto -
- ditto ...
ditto ...
- ditto.
John Wesley Hall
John Pratten
John Pratten -
Garden.
Ditto
David Williams -
John Farmer -
Tenement and garden.
Ditto ...
Abraham Tiver -
Ann Priest
- ditto.
Ditto ...
James Dibble
James Dibble -
- ditto.
Ditto ...
William Baker
John Spriggs -
- ditto.
Ditto ...
- ditto ...
Joseph Sidney -
- ditto.
Ditto • - -
William Digby
Thomas Jenkins
- ditto.
Ditto -
- ditto - - -
John Braine
Tenement.
Ditto -
- ditto ...
Elizabeth Hales
- ditto.
Ditto ...
- ditto -
Thomas Munday
- ditto.
Ditto ...
- ditto ...
Thomas Storke
- ditto.
Ditto -
- ditto ...
Void -
Tenement and back
kitchen.
Ditto ...
William Trigg
Jesse Stephens
Tenement and garden.
Ditto -
- - George Dyke Fisher
Henry Burgum
- ditto.
and Neast Greville
Prideaux.
(continued)
( HiO )
OWNER
or
REPUTED OWNER.
LESSEE.
DESCRIPTION
of
PROPERTY.
Parish of Saint Philip and Jacob—continued.
John Wesley Hall
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
M essrs. Daniel Wade,
Edward, and Alfred
Acramans.
John Leigh Frost
Ditto -
- - George Dyke Fisher
and Neast Groville
Prideaux.
- ditto -
- ditto -
- ditto -
ditto -
• ditto -
- ditto -
- ditto -
- ditto -
Margaret Board
Richard Evans
Robert Wheeler
Henry Lloyd -
James Cade
M illiam Trigg -
.Joseph M Gill -
Joseph Royall -
Daniel Wade Acraman
Thomas Gready
- ditto -
Tenement and garden.
- ditto.
Tenement and back
kitchen.
Tenement.
- ditto.
- ditto.
Tenement and yard.
- ditto.
Passage.
Garden.
Outbuilding, garden &
orchaid,
- ditto.
COUNTY OF SOMERSET.
Parish of Brislington.
William Gore Langton
Ditto -
Ditto -
Ditto -
James Clay field Ireland
William Gore Langton
James Clayfield Ireland
William Gore Langton
James Clayfield Ireland
William Gore Langton
Ditto r
Ditto -
Ditto -
Ditto -
John Ellis and Emily
Winter.
William Gore Langton
James Clayfield Ireland
Duke of Buckingham -
James Clayfield Ireland
Henry Pillinger -
James Clayfield Ireland
Henry Brown
John Tomkins -
- ditto -
In hand -
- ditto -
Henry Pillinger
- ditto -
Samuel Coggins and
John Green.
John Green
Nancy Brain - - |
Grace Coggins - - j
Henry Brown - - i
Nancy Brain -
In hand -
John Ellis
- ditto -
Henry Brown -
Robert Harrill
Edward Long Fox
Wood.
- - Occupation road to
Langton Court Farm
and Brake.
Wood.
- ditto.
Withy bed.
Orchard.
Tenements and gar¬
dens.
Part of garden.
Cottage and garden.
- ditto.
Wood.
Garden.
Wood.
NVithy bed.
- ditto.
Wood
Orchard.
Wood.
Parish of Keynsham.
Duke of Buckingham
Ditto - and Edward
Long Fox.
Duke of Buckingham -
Ditto -
John Couch
Duke of Buckingham -
Ditto ...
Ditto -
Ditto
William Freeman
Edward Long Fox
- ditto -
- ditto -
- ditto -
Himself -
William Freeman
- ditto -
ditto -
- ditto -
Withy bed.
Railway.
WTood and railway.
Garden.
Withy bed.
Pasture field, occupa¬
tion road and brook.
Road.
Withy bed.
ditto.
( 161 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIE R.
DESCRIPTION
of
PROPERTY.
Parish of Kcynsham—continued.
Duke of Buckingham
Ditto -
Ditto -
William Smith and Hen.
Brydges Smith.
Harfords and Bristol
Brass Battery Com¬
pany.
Ditto -
Ditto
Job Cantle
Roger Edwards
H. H. Lyne
George Norman
R. H. Griffiths •
Ditto -
Unoccupied
James Long
William Comer
Henry Wood -
Richard Mortimer -
- - Themselves and
William Wyatt.
- - George Lewis,
Jeremiah Deverell,
John Derrick, Joseph
Boult, William Lewis,
Charles Abbot, John
Brookman, Richard
VVhittington, George
Gregory, Wm. Hed-
dington, Robert Shep-
hard, Samuel Sliep-
liard, Thomas Read,
Thomas Read, Samuel
Brookman, Luke Fray,
William Wyatt, Wm.
Ford, Francis Smith,
Thomas Carpenter,
Jonathan Fry, John
Brookman, Peter Se-
quist, James Carpen¬
ter, Joseph Willington,
Isaac Buck, James
Willington, William
Smith, James Hudson,
Samuel Steager, John
Derrick, Robert Ford,
William Malpas, Geo.
Fray, Nicholas Ollis,
John Ollis, IsaacShep-
herd, Richard Brook¬
man, Widow Thomas,
Henry Shepherd.
Himself - - -
John Chappel -
John Veale
Parish of Saltford.
Ditto -
Major James
William Drury
Ditto -
Arthur Hillcott
William Drury
Himself -
Orchard.
- - Farm buildings,
mow, barton and pas¬
ture.
Arable field and sawpit.
Pasture field and shed.
Garden.
Barn and garden.
Garden.
Withy bed.
Ditto.
Pasture and shed.
Withy bed and brake.
Pasture field and sheds.
- - Gardens and dwel¬
ling-house.
Barn and bartons.
- - House, lawns, gar¬
den and entrance lodge.
G.
(icontinued)
( 162 )
OWNER
or
REPUTED OWNER.
%
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
1
Parish of Saltford—continued.
R. H. Griffiths -
Perrot Fenton -
John Keys
Ditto -
Harfords and Bristol
Brass Battery Com¬
pany.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto - - -
Ditto - - -
Ditto -
Samuel Batchellor
Rich. Brickdale Ward
Ditto -
Samuel Batchellor
John Keys
Ann Flower
Edward Frampton
Samuel Batchellor
George Hennage Wal¬
ter Hennage.
Ditto -
Ditto -
Ditto -
William Whiting and
Elizabeth his wife,
and Esther Bence.
Charles Wilkins -
G. H. W. Hennage
Ditto -
Kennet and Avon Canal
Company and Chas.
Wilkins.
Ditto -
G. H. W. Hennage,
Kennet and Avon
Canal Company, and
Charles Wilkins.
Ditto -
G. H. W. Hennage
Ditto -
Ditto -
Ditto -
Ditto -
f>.
Charles Wilkins
ditto
ditto
ditto
Charles Wilkins
ditto
ditto -
- - Kennet and Avon
Canal Company and
Charles Wilkins.
ditto -
Charles Wilkins -
- ditto ...
- ditto -
- ditto -
- ditto ...
William Drury
- - House, malthouse,
garden, farm buildings
and yards.
Himself - - -
Orchard and gardens.
Shedrick Champion -
- - House, garden and
farm buildings.
ditto -
Pasture field and sheds.
Themselves
Orchard.
John Ollis
Tenement and garden.
Robert Williams
Garden.
William Gane -
Tenement.
Robert Williams
Ditto.
Mary Ollis
Ditto.
Joseph Evans -
Ditto.
Stephen Ollis -
Ditto and garden.
In hand -
Orchard.
William Oliis -
Tenement and garden.
Gardens.
William Gane, Joseph
Evans.
Himself -
Withy bed.
Josh. Broadhurst
Orchard.
ditto -
Garden.
Himself - - -
Withy bed.
Betty Gouldstone
- - House, garden and
stables.
Elizabeth Hill -
Garden.
Ann Cantle
Withy bed.
Himself -
Orchard.
otherwise Twerton.
Charles Wilkins
- - Arable field and
coppices.
ditto -
W ood.
ditto -
ditto.
ditto -
Plantation.
William Whiting
Withy bed and quarry.
William Butler
- - House, garden, sta¬
ble and orchard.
ditto -
Garden.
Charles Wilkins
- - Pleasure ground,
pasture field and plan¬
tation.
ditto ...
- - Plantation, pleasure
ground and summer-
house.
ditto -
Dwelling-house.
ditto -
- - Woolhouse, lofts,
coach-house, yard and
stables.
ditto -
- - Factory yard and
coal house.
William Wait -
Cottage.
John Forman -
- ditto.
William Tribe -
- ditto.
James Savage -
- ditto.
Charles Wilkins
Hothouse and garden
( 163 )
OWNER
DESCRIPT10 N
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Pari
sh of Twiverton, other
^wise Tiverton—cont
nued.
Charles Wi'kins
m m — - -
John Cook
Cottage.
Ditto ...
-
Benjamin Jones
- ditto.
Major Roch and Wife,
Charles Wilkins -
William Fisher
- ditto.
and Kennet & Avon
Canal Company.
Ditto -
- ditto ...
Joseph Allworth
Cottage and garden.
Ditto
- ditto ...
Samuel Bidgood
- ditto.
Ditto -
- ditto ...
James Allen
- ditto.
Ditto -
- ditto
Clara Simpkins
- ditto.
Ditto -
- ditto -
Henry Richards
- ditto.
Ditto
- ditto ...
William Minor
- ditto.
Ditto -
- ditto -
Solomon Gough
- ditto.
Ditto -
- ditto ...
Joseph Fisher -
Cottage.
Ditto -
- ditto - - -
William Phippen
- ditto.
Ditto ...
- ditto -
James Kendall
- ditto.
Ditto -
ditto -
William Baker
- ditto.
Ditto -
- ditto ...
Samuel Porter -
- ditto.
Ditto -
- ditto ...
James Deverell
- ditto.
Ditto -
- ditto - . -
James Jacobs -
- ditto.
Ditto -
- ditto
-
Unfinished washhouse.
Ditto ---
- ditto ...
.
- - Open ground in
front of cottages.
Ditto -
- ditto ...
Samuel Sims
Cottage.
Ditto -
- ditto -
William Watson
- ditto.
Ditto -
- ditto ...
William Deverell
- ditto.
Ditto -
- ditto ...
William Taylor
- ditto.
Ditto -
- ditto -
John Marsh
- ditto.
Ditto -
- ditto ...
Daniel Watson
- ditto.
Ditto -
- ditto -
-
Cottage unfinished.
Ditto -
- ditto ...
Charles Wilkins
Workshops to factory.
G. H. W. Hennage -
- The Rev. W. B. White-
- ditto -
- - Pasture and orchard,
head & Charles Wilkins.
used as drying-ground.
Oriel College, Oxford,
....
Rev. Charles Nutt -
Pasture and orchard.
and Rev. Keid Spen¬
cer Madden.
Oriel College, Oxford -
.....
- ditto -
- ditto.
Charles Wilkins
....
James Tucker -
Cottage and garden.
Ditto -
....
William Butcher
- ditto.
Ditto ...
....
William Jeffreys
- ditto.
Ditto -
• ....
Nathaniel Butterworth
- ditto.
Ditto ...
- - -
George Carpenter
- ditto.
Ditto -
_
George Mitchell
- ditto.
Ditto ...
.
William Pain -
- ditto.
Ditto ...
....
Elizabeth Chapman -
- ditto.
Ditto
• ....
Josh. Batten
- ditto.
Ditto -
• «
Elizabeth Parkman -
- ditto.
Rev. Dr. England
....
Josh. Meredith -
Orchard.
Ditto ...
. m . . •
- ditto -
- - Farm-house, yards,
barton and pig-stye.
Ditto -
. ....
- ditto -
Barn.
Ditto -
. - .
- ditto -
Cow-houses.
C. Wilkins
....
C. Wilkins
Drying-ground.
Ditto -
-
- Ditto -
Purifyi ng-house.
Ditto ...
- Ditto -
Gasometer..
Ditto -
....
John Seager
Cottage and garden.
Ditto ...
.
William Alexander -
- ditto.
Ditto ...
....
John Butcher -
- ditto.
Ditto -
. - - -
William Driver
- ditto.
Ditto ...
....
Ann Elliott
- ditto.
Ditto ...
James Mortimer
- ditto.
Ditto ...
Edward Barnes
- ditto.
Ditto ...
-
John Baser
Cottage.
Ditto
....
Paul Pickwick -
- ditto.
Ditto ...
-
James Whiting
- ditto.
Ditto ...
-
William Saw
- ditto.
Ditto -
-
William Abrahams -
- ditto.
Ditto -
-
Simeon Batchellor
- ditto.
(.continued)
( 164 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Parish of Twiverton> otherwise Tiverton—continued.
Charles Wilkins -
....
- - Thomas Vials and
Cottage and garden.
Thomas Phippen.
Ditto ...
.....
- - Stephen Silcocks
. ditto.
anu Eliza Brown.
Ditto -
....
- - Job Allen & Tho¬
- ditto.
mas Tuggy.
Ditto ...
- ditto.
Jane Edwards.
Ditto -
Peter Howe
House, shop, & garden.
Ditto -
front of cottages.
Ditto ...
Charlotte Dummett -
Cottage.
Ditto ...
John Pease
- ditto.
Ditto ...
George Dorey -
Cottage and garden.
Ditto -
Charles Kittely
- ditto.
Ditto ...
John Wilkins -
- ditto.
Ditto ...
.
John Biggs
- ditto.
Ditto ...
John Wadham
- ditto.
Ditto ...
Thomas Haverfield -
- ditto.
Ditto ...
Mary Barrow -
Cottage.
Ditto ...
Michael Fear -
- ditto.
Ditto ...
James Richards
- ditto.
Ditto - . .
James Hurd
- ditto.
Ditto - - -
Edward Sheppard
- ditto.
Ditto ...
Ditto ...
cottages.
John Hayter
Cottage.
Ditto ...
Maria Kittlety -
- ditto.
Ditto ...
Peter Neale
Cottage and shop.
Ditto ...
.
Joseph Heath -
House.
Ditto ...
Samuel Tanner
- ditto.
Ditto -
James Ganes -
- ditto.
Ditto -
....
James Cadbee -
- ditto.
Richard Francis
Charles Wilkins -
Charles Wilkins
- - Timber-yard and
- ditto ...
pig styes.
Ditto ...
- ditto ...
Barn.
Ditto -
- ditto -
John Dafter
House and garden.
Rachel Phillips
James Collins
- - James Collins and
Garden.
Olive Packer.
Ditto -
Rachel Phillips
Garden and washhouse.
Simon Bull
...
- - Simon Bull & Seth
- - Old barn, black-
Dory.
smith's-shop and yard.
Elijah Bush
William Miles
William Miles -
Garden.
Ditto -
- ditto ...
- ditto - - -
Orchard and stable.
Jane Bury
-
- - Geo. Woodleton &
Garden.
Geo. Clayter.
John Poole
-
Void
Cottage and garden.
Ditto ...
Martha Cromwell
- ditto.
Ditto ...
Charles Fox
- ditto.
Ditto ...
George Reynolds
- ditto.
Ditto ...
James Reynolds
- ditto.
Ditto -
....
William Fox
- ditto.
Ditto ...
Thomas Winter
- ditto.
Ditto ...
.
William Fox
Garden.
Ditto ...
....
Thomas Winter
- ditto.
William Nash
James Newman -
James Newman
- ditto.
Ditto ...
- ditto ...
James Foreman
Cottage and garden.
Ditto -
- ditto -
William Watts -
- ditto.
Ditto -
- ditto ...
Void ...
- ditto.
Ditto -
- ditto ...
James Fisher -
- ditto.
Ditto -
Richard Bcnce
Richard Bence
- - Malthouseand brew-
house.
Ditto -
- ditto -
- ditto -
Garden.
Ditto -
Charles Wilkins
- ditto.
( )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
| DESCRIPTION
I '
PROPERTY.
1
Parish of Tivivcrton, otherwise Tiverton—continued.
William Nash
Ditto -
Ditto -
Ditto -
William Whiting and
Elizabeth his wife,
and Esther Hence.
Ditto - - -
Ditto -
Ditto - - -
Ditto -
Ditto -
Ditto -
Ditto -
Thomas Kelson -
Ditto -
Ditto -
Ditto -
John Allen
Ditto -
Thomas Kelson -
William Nash -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Opie Smith
Devisee under the will
of James Harding,
and Charles Reeves,
deceased.
Ditto -
Richard Bcnce
- ditto
Charles Wilkins
House and garden.
Richard L'ence
- ditto.
- ditto -
- ditto and beer-shop.
Orchard.
James Cope
- ditto.
Henry Blackwell
Garden & smith's shop.
Thomas Stephens
Cottage and stable.
Henry Blackwell
House.
John Vatt
- ditto.
William Whiting
- ditto.
Sarah Helps
- ditto.
William Whiting
Garden.
George Beavan
House and garden.
Samuel Williams
House.
John Silcox
- ditto.
John Harris
- ditto and washhouse.
William Rex -
- ditto and garden.
Martha Holmes
- ditto.
John Silcox
Garden.
John Hayter -
- ditto.
William Pitman
- ditto.
John Franklin -
- ditto.
John Frappel -
- ditto.
Flenry Frappel
- ditto.
John Barrett -
- ditto.
William Pitman
- ditto.
Martha Cromwell
- ditto.
John Biggs
- ditto.
William Rendall
- ditto.
Solomon Gough
- ditto.
John Stevens -
- ditto.
Opie Smith
Pasture field & quarry.
James Shackell
Garden.
- ditto -
- ditto.
Parish of Lyncombe and Widcombe.
Kennet & Avon Canal
Company.
Ditto -
Thomas Peacock
Ditto -
Ditto -
Churchwardens & over¬
seers of the parish.
Ditto -
John Allen
Trustees of Bruton
Hospital, and John
Allen.
Ditto -
Ditto
6.
James Ricketts -
- ditto
James Coombes •
- - Churchwardens and
overseers of the parish.
Elizabeth Davis -
James Clement
Michael Dowding
Edmund Sayer
Elizabeth Davis
- - Richard Morgan
and John Lapham.
Hezekiah Young
- Quay used as towing-
path.
Void ground.
House.
- ditto.
House and shop.
Poor-house.
- - Voidgroundtopoor-
house.
- - Void ground to poor-
house.
House.
- ditto.
- ditto.
T T
(continued)
( 166 )
OWNER
DESCRIPTION
or
LESSEE,
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Pi
irish of Lytic ombc and
Widcombe—continued.
Trustees of Bruton
- - -
Thomas Peacock
Public-house.
Hospital and Tho¬
mas Peacock.
Ditto -
John Wood
Himself -
House and shop.
Trustees of Bruton
....
Void -
House and garden.
Hospital and James
s
Peacock.
Trustees of Bruton
Elizabeth Crook
House & outbuildings.
Hospital and Tho¬
mas Peacock.
Trustees of Bruton
- - George Baker and
House and shop.
Hospital and James
John Walters.
Peacock.
Ditto -
George Dowse
Benjamin Duke
- - House, shop and
bakehouse.
Corporation of Bath -
James Peacock -
John Clement -
House and shop.
Trustees of Bruton
- ditto -
Isaac Padfield -
House.
Hospital.
House and shop.
Corporation of Bath -
- ditto -
- - James Pinnell and
Elias Bavley.
- ditto.
Trustees of Bruton Hos¬
- - -
- - Mary Worlton and
pital and the Devisees
Simon Slip.
of the Will of Joseph
Timbrell, deceased, &
John Mattrason.
Ditto -
John Humphries
- ditto.
Ditto -
James Hellier -
- ditto.
Ditto -
Void
- ditto.
Ditto - - -
•
ditto ...
- ditto.
D itto -
ditto -
- ditto.
Ditto -
- - -
John Wyatt
- ditto.
Ditto -
•
Daniel Harris -
- ditto.
Ditto -
Isaac Warren -
House.
Ditto -
_ ....
John Weston -
- ditto.
Ditto -
Elizabeth Bond
- - House, outbuildings
and yard.
Ditto -
Void -
House.
Ditto -
m ....
Isaac Harris
- ditto.
Ditto -
-
James Mitchell
- ditto.
Ditto -
....
William Somers
- ditto.
Ditto -
-
- - Ann Smith and
Edward Cobb,
- ditto.
Ditto -
....
Mary Lavender
- ditto.
Ditto -
.
Thomas Jerry -
- ditto.
Ditto -
.
Joseph Heiron
- ditto.
Ditto -
.
John Lawes
- ditto
The Trustees of Bru¬
-
- - James Blackmore
House and shop.
ton Hospital, and
and William Bendall.
Mr. and Mrs. Tho¬
mas Dutton and their
trustees.
Ditto -
....
William Bendall
- ditto.
Ditto - - -
-
Adam Ellison -
House.
Ditto -
.
Samuel Gadd -
- ditto.
Ditto -
....
Void -
- ditto.
Ditto ...
.
Reuben Maber
- ditto.
Corporation of Bath -
- - Charles Bendy and
- - Robert Moon and
- ditto.
Ditto -
Samuel Bendy.
Charles Bendy.
- - Thomas Peacock and
- - William Kevill,
House and shop.
*
Richard Dummer.
Hannah Oakes and
Ann Loadstone.
Ditto -
Mark Joyce
Joseph Oram -
- ditto.
( 167 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Parish of Lyncombe and Widcombt—continued.
Corporation of Bath -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto - - -
Trustees of Bruton
Hospital and Sarah
Scudamore.
Trustees of Bruton
Hospital, and John
or Henry Scudatnore.
Ditto -
Trustees of Bruton
Hospital and Ann
Smith.
Trustees of Bruton
Hospital and Thomas
Perry.
Josiah Stockham
Ditto ...
Martha Tucker and her
Trustee & Trustees
Bruton Hospital.
Ditto -
Ditto -
Trustees of Bruton
Hospital and Thomas
Lewis.
Ditto -
Ditto -
Ditto - - -
Ditto -
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse and
James Grant Smith.
Ditto -
Ditto -
Ditto -
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith, Wil¬
liam Bye Liddiard
and John Brittan.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith andWil-
liam Bye Liddiard.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith, Wil¬
liam Bye Liddiard
and John Brittan.
Ditto
William Butler -
- - James Perrin and
Thomas Bartholomew.
Sarah Scudamore
Richard Wait
I
- - William Butler and
Mary Ann Racey.
Thomas Bartholomew
Hester Pye
George Dyett -
Void
Thomas Selway
- - John and Henry
Scudamore.
- ditto - - -
William Moger
Ann Francis
William White
James Watkins
John Lewis
Jacob Whitcombe
Martha Tucker
- - Abraham Aymer
and Gillam Webb.
Thomas Lewis -
- ditto - - -
- ditto - - -
- ditto -
- ditto - - -
- - Richard Lovell and
Elizabeth Weston.
George Pawley
Henry Humphries
William Turner
- - Robert Seer and
John Jones.
Void
William Turner
House and shop.
Public-house.
House and shop.
House.
- ditto.
House and shop.
- ditto.
House.
- ditto.
House and shop.
- ditto.
House, yard and garden.
- ditto.
House and shop.
House.
House and shop.
House.
House and offices.
Garden.
- Smith's,wheelwright's
and joiner's shop.
- - Timber-yard and
joiner's shop.
- - Inn-tap, stables,
sheds and yards.
House.
- ditto.
Wheelwright's shop.
House.
Methodist chapel.
House and yard.
ditto.
(continued)
( 168 )
OWNER
or
REPUTED OWNER.
DESCRIPTION
of
PROPERTY.
Parish of Lyncombc and IVidcombe—continued.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith,William
Bye Liddiard, and
Devisees under the
Will of Robert Han¬
cock.
Ditto
Ditto
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith, William
Bye Liddiard and
Ann Waters.
Ditto
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith,William
Bye Liddiard and
Ann Harris.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith,William
Bye Liddiard and
Sarah Bridgman.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith, Wil¬
liam Bye Liddiard
and Mary Ann and
Edward Grinter.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith,William
Bye Liddiard and
Elizabeth Strong.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith, Wil¬
liam Bye Liddiard
and Jeremiah Fry.
Ditto
Trustees of Bruton
Hospital and Samuel
Orchard.
Ditto -
Ditto -
Ditto -
Ditto - - -
Ditto
John Lawrence
- ditto
- ditto
- ditto
Humphrey Samuel
ditto
Samuel Spear -
James Coulthart
Charlotte Scott
Void
Thomas Paul -
Ann Harris
William Ford -
Void
Elizabeth Strong
John Edmonds
James Watson -
John Lawrence
.- ditto -
Thomas Gerratt
Zachariah Parish
- - John Cockburn,
Thomas Hardiman,
Humphrey Samuel,
John Tucker and
John Collins.
- - Thomas Fitzpatrick
& Humphrey Samuel.
House and yard.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
ditto.
- ditto.
ditto.
House and shop.
ditto,
ditto.
- ditto.
- ditto.
- - House, shop, garden
and outbuildings.
- - House, garden,work¬
shop, yard and stable.
- - House, garden and
workshop.
I Hiy )
O W N E It
or
REPUTED OWNER.
I. E S S E E.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Trustees of Bruton
Hospital and Samuel
Orchard.
Ditto -
Trustees of Bruton
Hospital, Samuel
Orchard and Wil¬
liam Trueman.
Ditto - - -
Ditto - - -
Trustees of Bruton
Hospital and W illiam
Parker.
Ditto -
Ditto -
Trustees of Bruton
Hospital and Samuel
Orchard.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, .James
Grant Smith,William
Bye Liddiard and
Elizabeth Broom.
Ditto -
Ditto -
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith, William
Bye Liddiard, Eliza¬
beth Broom and
Fanny Broom.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith,William
Bye Liddiard and Eli¬
zabeth Capleton.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, .lames
Grant Smith, William
Bye Liddiard and
William Blagdon.
Trustees of Bruton
Hospital, Henry Ed¬
ward Howse, James
Grant Smith,William
Bye Liddiard and
William Slucock.
6.
Parish of Lyncombt and Widcomhe—continued.
Humphrey Samuel
John Raynes Hayward,
Nicholas Lamacraft.
Charles Gibhs
Thomas Rowland
Mary Welshman
Joseph Lawson Wood
Daniel Maslyn
Ditto
John Hurle
William Tucker
- - Humphrey Samuel
and Charles Turpin.
Nicholas Lamacraft -
- - Joseph Elliott and
James Hales.
- - Henry Skeate and
Thomas Smith.
Void -
Robert Mansfield
William Parker
George Gingell
- - William Fielder
and Henry Hook.
Himself -
Void -
Himself -
- - .Sophia Brown,
George Sheen and
Daniel Maslyn.
- - Isaac Titley, Geo.
Durman and Daniel
Maslyn.
John Hurle
Void
Samuel Broom
George Howell
William Tucker
- - George Fry, Emma
Fowler, George Fry,
junior, and James
Loder.
Joseph Berry -
Benjamin Clewett
- - House, garden and
small tenement.
- - House, shop, garden
and workshop.
- - House, garden and
stable.
- ditto.
House and garden
House, shop & garden.
House and shop.
Beer-shop & garden.
- - House, garden and
cowhouse.
House and garden.
- ditto.
- - House, garden and
stable.
- - House, two gardens
and stable.
- - House, two gardens,
stable and coachhouse.
House and garden.
- - House, shop and
bakehouse.
House.
Ditto.
Beer-shop and yard.
House, shop and yard.
House and shop.
House, shop and yard.
V u
(icontinued)
( 170 )
OWNER
DESCRIP TION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Lyncombc and IVidcombe—continued.
Trustees of Bruton Hos¬
pital, H. E. Howse,
J. G. Smith and W.
Bye Liddiard, and
Devisees under the
Will of Robert Han¬
cock, deceased.
Ditto -
Trustees of Bruton
Hospital, Henry E.
Howse, James Grant
Smith, William Bye
Liddiard and Char¬
lotte Hook.
Trustees of Bruton
Hospital, Henry E.
Howse, James Grant
Smith, William Bye
Liddiard and Charles
Snook.
Ditto -
Ditto -
Trustees of Bruton
Hospital, Henry E.
Howse, James Grant
Smith, William Bye
Liddiard and Henry
Underwood.
Ditto -
Ditto -
Trustees of Bruton
Hospital, Henry E.
Howse, James Grant
Smith, William Bye
Liddiard and John
Parker.
Trustees of Bruton
Hospital, Henry E.
Howse, James Grant
Smith, William Bye
Liddiard and An¬
thony Phillips.
Trustees of Bruton
Hospital, Henry E.
Howse, James Grant
Smith, William Bye
Liddiard and Mary
Howard.
Ditto -
Trustees of Bruton
Hospital and Samuel
Orchard.
Ditto - - -
Ditto -
Ditto -
Ditto -
Ditto - - -
Ditto -
John Lawrence -
- ditto -
- - John Lawrence and
Alexander Pritchard.
- - John Lawrence and
William Thomas.
- ditto -
- - John Lawrence and
Alexander Pritchard.
- - John Lawrence and
Alexander Pritchard.
Void
Charles Lucas
Henry Hook
- - Charles Bavis,
Jane Holborn, Martha
Sheppard, Eliza Bray,
and Phcebe Smith.
Elizabeth Allard
James Whitcombe
John Gale
Stephen Newman
William Loveless
Mary Brampton and
Henry Slip.
Richard Gardener
William Bess
Mary Howard
John Chalk
John Holman -
Michael Welsh
Elizabeth Thompson
George Hopkins
Void
William Hill -
House and shop.
ditto,
ditto.
House and yard.
House, shop and yard.
Beer-shop and yard.
House and yard.
ditto,
ditto,
ditto.
ditto.
ditto.
House and shop.
House.
ditto,
ditto.
- ditto.
House & outbuildings.
House,
- ditto.
6.
( 171 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Lyncombe and Widcombc—continued.
Trustees of Bruton
Hospital, and Samuel
Orchard.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Trustees of Bruton
Hospital, and Tho¬
mas Towzer.
Ditto -
Trustees of Bruton
Hospital, and Samuel
Orchard.
Trustees of Bruton
Hospital, and Tho¬
mas Roe.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto - - -
Ditto -
Trustees of Bruton
Hospital, & Samuel
Orchard.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
- - John Lawrence and
Alexander Pritchard.
- - John Lawrence and
John Paul.
- - John Lawrence and
Mary Pickford.
- ditto -
- - John Lawrence and
Alexander Pritchard.
- - John Lawrence and
William Thomas.
- - John Lawrence and
John Paul.
- ditto ...
- - John Lawrence and
Alexander Pritchard.
John Lawrence -
- ditto ...
- ditto ...
William Clement
John Perry
- - Trustees of the Sun¬
day-school, and John
Sweet.
William Fielder -
- ditto -
- ditto -
- - W. Cowdrey, Joseph
Drew, James Long, Mi¬
chael Thomas and James
Pike.
William Fielder -
Sarah Foxall
George Beere
John Lester
Daniel Maslyn
Thomas Carey
Ann Veale -
- ditto
William Henry Fisher
James Palmer
Giles Dcnman
George Hart
John Paul
Mary Pickford
Isaac Cooke
A. Pritchard -
- - John Munday and
Ann Colman
- - Edward Glass and
Mary Paradice.
John Perrett -
Thomas Burridge
John Nutt
Joseph Elliott -
Thomas Newman
Isaac Cooper -
George Astley
Edward Blackwell
Void
Void -
William Pestridge
- - Ann Pickering,
Charles Lewis, and
Ann Miller.
James Hales -
Void
George Beere -
Charles Burbidge
- - J. Chappell, Abra¬
ham Reed, and Sarah
Bond.
William Phillips
James Cox
James Pike
Henry Cook
Void
George Durman
Dennis Rogers
Robert Lawrence
William Sims -
G. Denman
House and shop.
- - House, shop and
washhouse.
House and garden.
- ditto.
- ditto.
- ditto.
- ditto.
Cottage.
House and garden.
- ditto.
- ditto.
- ditto.
House and yard.
- ditto.
Sunday-school.
House.
House and yard.
- ditto.
- ditto.
House, yard and shed.
- ditto.
- - House, workshop
and yard.
House and yard.
- ditto.
- ditto.
- ditto.
- ditto.
House, yard and shed.
- ditto.
House and garden.
- - House, garden and
washhouse.
- ditto.
- - House, garden,
workshops and shed.
- - House, garden, sta¬
ble and bakehouse.
(continued)
( U2 )
OWNER
DESCRIPTION
or
L E S S E E.
0 C C U PIER.
of
REPUTED OWNER.
PROPERTY.
1
Trustees of Bruton
Hospital, & Samuel
Orchard.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Trustees of Bruton
Hosp., Mary Welsh¬
man & William Ar¬
nold.
Trustees of Bruton
Hosp., Mary Welsh¬
man, and Devisees
under the will of T.
Jorden, deceased.
Trustees of Bruton
Hosp., Mary Welsh¬
man, and William
Cousins.
Trustees of Bruton
Hosp., Mary Welsh¬
man, MaryAnn Hop¬
kins, and Justinia
Evans and her trus¬
tees.
Ditto -
Trustees of Bruton
IIosp., Mary Welsh¬
man and Mary Ann
Hopkins.
Ditto -
Trustees of Bruton Hos¬
pital, Mary Welsh¬
man, John Frank-
ham and James
Coombs.
Trustees of Bruton Hos¬
pital, Mary Welsh¬
man and John Skate
Welsh.
Trustees of Bruton Hos
pital, Mary Welsh¬
man and William
Penny.
Ditto -
Trustees of Bruton
Hospital and Samuel
Orchard.
Ditto -
Ditto - - -
Parish of Lyncombe and IVidcombc—continued.
Thomas Towzer -
- ditto
John Sweet
John Davidge
John Hay ward
- - William Cowdrey,
Joseph Drewe, James
Long and Michael Tho¬
mas.
Ditto and William Beer.
William Trueman
William Bye Liddiard -
--William Trueman and
George Webber.
Ann Long
Henry Harding
James Body
Himself -
William Beer -
William 6tone -
- Geo. Bridgwater and
Thomas Strickland.
Edward Frappell
John Hallett
- - William Cousins,
William Clothiar, Ha-
chael Lawrence.
John Saunderson
- - Thomas Nicholls,
Thomas Bray, John
Tanner.
- - Sarah Daniells &
Philip Lee.
- - John Scudamore <Sr
William Harris.
- - Geo. Watts, Wm.
Ludwell.
George Gardner
Void
Abel Townsend
George Webber
Void
Thomas Gullick
House and garden.
Beer-shop and garden.
House, yard and shed.
House and garden.
House and bakehouse.
House and garden.
House and yard.
- ditto.
- ditto.
House & two cottages.
House.
- - House, outbuildings,
yard, and two small
tenements.
- - House, yard, and
small tenement.
- ditto.
- - Beer-shop, yard and
small tenement.
House, yard and shed.
ditto.
ditto.
House and shop.
Three small tenements.
House.
( 173 )
0 W N E It
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Parish of Lyncomhc and JVidcomhe—continued.
House and shop.
Trustees
of
Bruton
Charles Snook
Hospital & Thomas
Roe.
Trustees
of
Bruton
William Weeks -
Hospital and Samuel
Orchard.
Ditto
-
-
Henry Amor
Ditto
-
-
John Kennard
Ditto
-
-
William Errey
Ditto
.
James Parker
Ditto
-
-
Ditto -
Ditto
-
-
James Palmer
Ditto
-
-
Ditto -
Trustees
of
Bruton
William Henry Fisher -
Hospital & Thos. Roe.
Ditto
-
-
Ditto -
Ditto
-
-
Ditto -
Ditto
-
-
Henry Roberts -
Ditto
-
-
John Lintorn Simmons
Ditto
-
-
James Parker
Ditto
-
-
John Lister
Ditto
-
-
Thomas Brown -
Ditto
-
-
William Bye Liddiard -
Trustees
of
Bruton
James Bourne
Hospital and Samuel
Orchard.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Trusteesof Bruton Hos¬
pital and Executors
of the late Samuel
Sims.
Ditto -
Ditto -
Jeremiah Fry
Thomas Hockey -
Ditto
James Bourne
Silas Tucker
John Long -
George Miller
James Palmer
Ditto
Charles Snook
Benjamin Belcher
Ditto
John Parker
James Crees
Charles Lockyer -
.lames Crees
William Clement
Ditto - - - George Kcrslake
Ditto - - - .John Bright
Trusteesof Bruton Hos- j Jere Fry
pital and Samuel Or- ;
chard.
Ditto - - - - ditto
- John Parsons, Win,
Sheppard.
William Glass -
- - Joseph Hedges and
Joseph Eastman.
Himself -
Himself -
Robert Thompson -
Void
William Southey
Joseph Bateman
Elizabeth Mitchell -
Jas. Robins
Sampson Bolwell
Void -
William Hobbs
Himself -
Morris Brittan
William Gay -
William Miles -
Salvadoro Marchioni
William Rouse
Void
William Allwood
James Gibbs
--John Bordy, Han¬
nah Phillips, Elizabeth
Bush, Mary Hawker.
Himself - - -
- - George Miller,
William Beale, and
John Smyth.
Thomas Fisher
John Croker
Henry Parsloe
Void -
Elizabeth Evans
- - John Perrior and
George Pearce.
Void -
Henry Horatio Giles
Henry Milsom -
Himself -
- ditto -
Joseph Keynton
John Lawlei-
IIester Little
House, shop & garden.
House and shop,
- - House, yard and
workshop.
- - Beer-shop, outbuild¬
ings and yard.
House and garden.
Ditto.
House and yard.
Ditto.
House and shop.
House and yard.
House, shop and yard.
House and garden.
House and yard.
House, shop and yard.
House and shop.
Ditto.
Ditto.
Ditto.
Ditto.
Ditto.
House, shop and yard.
House.
Ditto and shop.
House, shop and yard.
- - House, shop and
small tenement.
House and yard.
Ditto.
- - House, yard and
bakehouse.
- - House, yard and
workshop.
House and workshop.
House and garden.
Ditto.
House and garden.
- ditto.
- - House, garden and
yard.
- ditto.
- ditto.
- ditto.
- ditto.
6.
X X
{continued)
( 174 )
OWNER
DESCRIPTION
or
LESS E F.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Lyncombe and fVulcombt—continued,
Edward Divett -
Ditto ...
Ditto -
Ditto -
Ditto ...
Henry Edward Bowse
Ditto -
Ditto ...
Ditto -
Ditto -
Ditto -
Trustees of the poor of
ClavertoiK.
William Nias
Ditto - - -
TrusteesofBruton Hos-
pitaland Representa¬
tive of John Farmer,
deceased.
Ditto -
Ditto -
Ditto -
Ditto t
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Trustees of Bruton
Hospital, Represent¬
ative of John Farmer,
deceased, and Tho¬
mas Flunt.
Ditto -
Ditto -
Ditto »
Trustees of Bruton
Hospital and Repre¬
sentative of John
Farmer, deceased.
Ditto -
Ditto -
Ditto -
Ditto & Thos. Hunt
Ditto -
Ditto -
Ditto -
Ditto -
John Brown
John Brown and Hora¬
tio Davis.
- ditto -
- ditto -
- ditto -
Horatio Davis
- ditto -
- ditto -
- ditto
- ditto
Horatio Davis & Henry
Wilkins,
James Palmer
- ditto -
Joseph Mitchell -
- ditto -
John Lester
- ditto ....
- ditto -
- ditto -
- ditto -
- ditto ...
Peter Davis & John Lester
John Lester
- ditto -
- ditto -
- ditto -
Charles Gibbs -
Philip Skeat
Thomas King
- ditto ...
Joseph Mansfield
Joel Palmer
Joseph Mansfield
Charles Gibbs
Harriet Hawkins
- ditto
Thomas Selby
- ditto
Turpin Prowse
- ditto
- ditto
- ditto
John Sweet
John Long
John Chappell -
Horatio Davis -
- ditto -
- ditto -
- ditto -
- ditto -
- ditto -
Isaac Arnold -
Henry Wilkins
William Nias -
- ditto -
- ditto -
Richard Elliott
Andrew Bailey
James Martin -
James Sheldon
John Morris
Void
ditto
ditto
Joseph Burlington
George Wilkins
James Cheater
Robert Walton
Void
ditto
ditto
William Tucker
John Owen
Void
ditto
John Anstey -
George Williams
- - Joseph Barchell
and Eliza Brooks.
Void
Elizabeth Lockyer
Harriet Hawkins
Void
Robert Hawkins
Robert Webber
John Young
Turpin Prowse
Edward Bird -
Garden ground.
- ditto.
- ditto.
- ditto.
- - Cottage and out¬
buildings.
House and garden.
Coach-house and stable.
Cow and pig house.
Orchard.
Cottage and garden.
- ditto.
Garden ground.
- - Dwelling - house,
yard and stables.
- ditto.
House and garden.
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto,
ditto.
ditto.
- ditto.
- ditto.
House and garden.
- ditto.
ditto,
ditto,
ditto.
ditto,
ditto,
ditto,
ditto,
ditto.
0.
( 173 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Trustees of Bruton
Hospital and Repre¬
sentative of John
Farmer, deceased.
Ditto -
Ditto -
Ditto -
Ditto and Andrew
Halford.
Trustees of Brulon
Hospital and Repre¬
sentative of John
Farmer, deceased.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto and Executors
of the late Robert
Alexander.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Trustees of Bruton
Hospital and Repre¬
sentative of John
Farmer, deceased.
Ditto -
Ditto -
Ditto - - -
Ditto -
Ditto - - -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto - - -
Parish of Lyncomhe and Widcombe—continued
Thomas Carey
Ann Kendrick
Jeremiah Bolwell
Andrew Halford -
Thomas Harper -
- - John Lintorn Sim¬
mons and Stephen Wil¬
liams.
- - William Webb and
William Cole.
- - William Webb and
Richard Smallridge.
- ditto -
William Wehb
- - William Webb and
George Snook.
John Hibbert
- - John Hibbert and
John Bidwell.
- - William Sevier and
Mary Macdonald.
- - William Webb and
Samuel Cox.
- ditto -
William Hart
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
ditto
- ditto
George Bendall -
- ditto -
- ditto
- - John Poney and Tho¬
mas Carey.
Joseph Hare
- ditto -
Richard Gulliford
- ditto -
John Poney
- ditto
ditto -
Richard Prior -
John Gibbs
Jeremiah Bolwell
Mary Chapman
Thomas Harper
Joseph Davis -
Void
Richard Smallridge
John Moore
Thomas Knee -
George Snook -
John Bidwell -
Void
Mary Macdonald
Samuel Cox
- ditto -
Void
Thomas Hibbert
John Andy
Joseph Billinge
William Hart -
John Fisher
George Stone -
Void
John Dickman -
Void
George Bendall
- ditto - - -
Thomas Carey -
Joseph Hare -
Henry Newton
Richard Gulliford
Void - - -
Thomas Parfitt
W'illiam Clarke
Charlotte Summers -
House and shop.
- - House, garden and
pig-stye.
ditto.
Garden.
House and garden.
Cottages and gardens.
House and garden.
- ditto.
- ditto,
ditto.
- ditto.
- ditto.
- ditto.
- ditto.
Coke-yard.
Iron-foundry.
House.
- - House, yard & pig-
stye.
House and garden.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
Stable and yard.
House and garden.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
ditto.
(continued)
( 176 )
OWNER
1 DESCRIPTION
or
LESSER.
OCC UPIER.
| of
REPUTED OWNER.
J PROPERTY,
|
Trustees of Bruton
Hospital and Repre¬
sentative of John
Farmer, deceased.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
The Earl Manvers
Parish of Lyncombc and Widcomhe—continued.
Unfinished house.
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
- - William Nicholson, i
and T. M. Crutwcll.
- ditto -
- ditto -
» ditto - - -
- ditto -
- - William Nicholson
and Joseph Tapp.
- ditto -
- ditto -
John Poney
Richard Williams
Void
Thomas Ricketts
Charles Morris
- ditto
Thomas Oxlade -
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
Thomas Russell
Thomas Chick -
Richard Walters
Thomas Higgins
Samuel Howell
Thomas Oxlade
Void
- j George Mead -
- 1 James Harding
Parish of St. James, in the City of Bath.
- - Kennett and Avon
Canal Company, John
Howell and James Shep-
pard.
Henry Underwood
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- ditto
- - John Rutter and
Samuel Rutter.
William Davey
Samson Scrase
Thomas Perry -
Richard Parker
James May
William Hoare
David Aust
Joseph Mitchell
Jacob Davies -
John Smith
Henry Underwood -
- ditto -
Thomas Harris
- - Charles Francis
Hellier.
J. W. Barnes -
Daniel Rutter Long
William Davis
John Rutter
John Keel
- - Henry Underwood,
John llayward & ltd.
Theobald Langton.
- ditto.
- ditto.
- ditto.
- ditto.
House and garden.
- ditto.
- ditto.
- House, garden and
washhouse.
- ditto.
House and garden.
•• ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
Coal-yard and offices.
Garden ground.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
- ditto.
Garden and shed.
Garden.
- ditto.
- ditto.
- ditto.
Garden ground
- ditto.
- ditto.
- ditto.
- ditto.
Duke of Cleveland
Ditto -
Ditto -
Ditto -
Parish of Bathwick.
William Robinson
- ditto
- ditto
- ditto
William Buckland
- - John Vaughan and
James Kitley.
James Kitley -
William Robinson
Garden and
- ditto.
shed.
Tenement and garden.
Pasture field, shed
and pond.
( 177 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Bathw
ck—continued.
Duke of Clevelai d
• - William Robinson and
James Fryer.
- - William Coombe
and John Deans.
Garden.
Ditto -
- ditto -
Francis Morrish
Garden and sheds.
Ditto -
- ditto
James Sartain -
Garden.
Ditto -
- ditto -
Thomas Cullimore -
- ditto.
Ditto -
- ditto -
James Pearse -
- ditto.
Ditto -
- ditto -
James Mansfield
- ditto and shed.
Ditto -
-
Sarah Harding
Garden.
Ditto -
William Robinson
Joseph Skinner
- ditto and shed.
Ditto -
- ditto ...
Thomas Bishop
- ditto.
Ditto -
- ditto -
George Arthur
- - Cottage, garden and
shed.
Ditto -
- ditto -
Giles Goodenough -
- ditto.
Ditto -
- ditto ...
John Pryor
Garden and shed.
Ditto -
-
Sarah Harding
- - Cottage, garden and
sheds.
Ditto -
George Pike.
- - Cottage, garden and
outbuildings.
Ditto -
-
- ditto - - -
Withy bed.
Ditto -
William Robinson
Robert Biggs -
Garden.
Duke of Cleveland and
....
Basil Marriott -
House and garden.
Joseph Harris, Wil¬
liam Mackay and
Charlotte his Wife,
and the Trustee of
their Marriage Set¬
tlement.
Ditto -
_ • - - ,
Ann Hillier
- ditto.
Ditto -
Miss Carter
- ditto.
Duke of Cleveland and
....
Mary Skinner -
- ditto.
Joseph Harris.
Ditto -
William Gibbons -
Hannah Lippiatt
- ditto and shop.
Duke of Cleveland
William Henry Marks -
Elizabeth Accoot
Cottage and garden.
Duke of Cleveland and
„ «...
Mary Flamank
House and garden.
John Stothert.
Duke of Cleveland and
• - - _
Admiral Joseph Bullin
- ditto.
James Chilcot.
\
Duke of Cleveland and
Maria Fenton Tufnell
- ditto, and coach¬
James Sartain.
house and stable.
Duke of Cleveland and
_ „ »
Marianne Mansford -
- ditto.
William Robinson.
Ditto -
- - Colonel George
Baines.
- ditto.
Ditto -
* - • •
Void -
- ditto.
Ditto -
m — » • m
William Robinson -
House and brewery.
Ditto -
Joseph Lansdowne
Nathaniel Neate
Tenement.
Duke of Cleveland
- - The Camerton Coal
- - Euclid Shaw, Jo¬
- - Sidney Wharf, tene¬
Company.
seph Lansdowne and
ment and warehouses.
Joseph Skinner.
Duke of Cleveland and
....
Joseph Townsend
- - Darlington Wharf,
Aurelius John Drew.
house and warehouses.
Duke of Cleveland and
„ -
- - John Jennings,
- - Tenements, yard,
J. Good ridge.
John Harris and
and outbuildings.
Charles Cannon.
Ditto -
- - John Harris and
Stables and yard.
John Jennings.
{continued)
( US )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Bathwick— continued.
Duke of Cleveland
William Robinson
Francis Hooper
- - Public-house, garden
and stable-
Ditto ...
- ditto -
William Robinson
Garden.
Ditto ...
Susannah Peacock
Charles Cannon
House and garden.
Ditto -
- ditto -
Susannah Pocock
- ditto.
Ditto -
- ditto -
« • Thomas Peacock,.
House and shed.
and George Sims.
Ditto -
- ditto ...
George Sims
Garden.
Duke of Cleveland and
- ditto ...
Thomas Peacock
- - House, warehouse
Susannah Peacock.
and stable.
Duke of Cleveland and
. ditto ...
J. Vaughan
- - House, garden and
J. Vaughan.
outbuildings.
Duke of Cleveland
- ditto ...
Susannah Peacock
Garden.
Ditto ...
- - - -
Francis Hooper
- ditto.
Ditto -
- - Susannah Peacock and
John Vaughan •
- ditto.
Francis Hooper.
Ditto -
Susannah Peacock
George Sims -
- ditto.
Ditto - - -
-
James King
Garden and shed.
Ditto -
Edmund Wilcox -
Geo. Champion Wilcox
- ditto.
Ditto -
-
James King
Cottage and garden.
Ditto -
....
Edmund VVilcox
- - Cottage, garden and
outhouses.
Duke of Cleveland & the
William Chatterton
William Chatterton -
- - Ride of Sydney
Company of Proprie-
Gardens.
torsof Sydney Gardens.
Ditto -
- ditto -
- ditto ...
Sydney Gardens.
Ditto ---
- ditto -
- ditto ...
Ride of Sydney Gardens.
Duke of Cleveland
...
Richard Martin
Garden and shed.
Ditto - - -
....
William Workman -
- ditto.
Ditto -
....
Thomas Isaac -
Garden.
Ditto -
- • • • -
John Curtis
• ditto.
Ditto -
-
Jesse Read
- ditto and shed.
Ditto ...
• -
William Workman -
- ditto.
Ditto -
•
John Ralph
Garden.
Ditto ...
-
Thomas Atyo -
Cottage, garden & shed.
Ditto -
• ....
Daniel Hull
Garden and shed.
Ditto ...
- - » «
--William Baltch and
- - Cottages, garden and
James Morris.
shed.
Ditto -
-
Joseph Fisher -
Cottage and garden.
Ditto -
-
- - -
Quarry.
Ditto
-
John Ham
Cottage and garden.
Ditto -
John Etherington
Ann Oakley
- ditto.
Ditto -
- - - -
James Butler -
- ditto.
Ditto ...
-
Richard Perry -
- ditto.
Ditto -
-
William Rogers
Garden.
Ditto -
-
William Coomber
- ditto.
Ditto -
Eleanor Shorland
George Cox
- ditto.
Ditto -
•
Thomas Selby -
- - Cottage, garden and
sheds.
Ditto -
•
James Radford -
Garden.
Ditto -
... -
Thomas Selby -
- ditto.
Ditto -
. ....
Ann Brooks
Cottage and garden.
Ditto -
.
Charles Gerrish
Garden and shed.
Ditto -
. . . .
Joseph Walker -
Garden.
Ditto -
....
James Ward
Garden and shed.
Ditto -
....
John Sloper
- ditto.
Ditto -
....
James Gerrish -
Garden.
Ditto -
.
Thomas Hockey
Garden and shed.
Ditto -
....
Marianne Williams -
- ditto.
Ditto -
.
Mark Fmbly -
- - Cottage, garden and
shed.
Ditto -
-
Joseph Bendle. -
- ditto.
G.
( 179 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Bathw
iclc—continued.
Duke of Cleveland
. -
William Rodford
Cottage, garden & shed-
Ditto -
...»
Robert Powell -
- ditto.
Ditto -
Richard Stuckey -
John Linton
Garden.
Ditto -
- ditto -
Jonathan Jukes
- ditto.
Ditto ...
- ditto -
William Hill
- ditto.
Ditto ...
- ditto -
Henry Humphries
- ditto.
Ditto ...
- ditto ...
- ditto --.
- ditto.
Duke of Cleveland and
.
Henry Maundrell
Cottage and garden.
William Hulbert, jun.
Duke of Cleveland and
- - - -
Blanche Newbolt
- ditto.
Mrs. Duprez.
Duke of Cleveland and
.....
- - William Hulbert,
Cottage and garden.
William Hulbert,sen.
senior.
Duke of Cleveland and
....
Void
Cottage and garden.
the Rev. Race God¬
frey.
Ditto ...
- - Willian Fisk and
Void -
- - Building ground
Daniel Jenkyns.
and ice-house.
Ditto - . -
....
John Humphries
- - Tenement, swim¬
ming-bath, bathing-
houses and garden.
Ditto -
m m O ■» »
- ditto - - -
Boat-house and bath.
Duke of Cleveland and
-
Thomas Hancock
Public-house & garden.
Ann Adams and her
trustee.
Ditto - - -
» - •
Thomas Stallard
- - Tenement, garden
and wash-house.
Duke of Cleveland and
•
Ann Savage
- ditto.
John Lintorn Sim¬
mons.
Ditto -
. „
James Storke -
Tenement and garden.
Duke of Cleveland and
-
Francis Lucas -
- ditto and wash-house.
the Rev. Race Godfrey.
James Bright -
Ditto -
.....
- ditto.
Duke of Cleveland and
Edwin Francis
Thomas Bryant
Tenement and garden.
John Vaugkan.
Ditto -
. «...
Henry Buck
- ditto & wash-house.
Duke of Cleveland and
• •
Catherine Walters
- ditto - - ditto.
William Henry At¬
kins.
Ditto ...
Void - - -
ditto - - ditto.
Ditto - - -
Void ...
Tenement.
Duke of Cleveland and
....
Henry Humphries
- - Tenement, garden
Josh. Nowel.
and wash-house.
Duke of Cleveland and
....
Mary Cottle
- ditto.
Mary Cottle.
Void
Duke of Cleveland and
....
- ditto.
William George.
Ditto -
William George
- - Public house, gar¬
den and wash-house.
Duke of Cleveland and
.....
- - Benjamin Vowles,
Tenement.
John Taylor.
Andrew Noah& Eliza¬
beth Lancashire.
Ditto -
.
Samuel Jeffries
- - Tenement, garden
and wash-house.
Ditto ...
Benjamin Vowles
Garden.
Ditto -
Andrew Noah -
- ditto.
Ditto - - -
John Taylor
- ditto.
Duke of Cleveland and
- •
Benjamin Vowles
- ditto.
John Holder.
Ditto -
. ...
John Holder
- ditto.
Ditto - - -
- ...
Benjamin Vowles
- ditto.
Ditto -
John Holder
John Holder -
- ditto.
(<continued)
( 180 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Duke of Cleveland and
John Holder.
Duke of Cleveland
Ditto - - -
Parish of Bathwick—continued.
Thomas Bryant
- - William Hulbert,
junior.
- ditto -
Garden.
- - House, outbuildings
and pasture-field.
Garden and shed.
Parish of Bathampton.
Thomas Pyecroft
.
- - Thomas Pyecroft,
Garden.
Thomas Cooke, Tho¬
mas Hancock and
George Hancock.
Ditto -
Thomas Cooke -
Cottage and garden.
George Edward Allen -
....
William Hulbert
- - Pasture-field and
cow-house.
Ditto -
.....
- ditto -
Wood.
Ditto -
James Vowles -
- - Pasture-field and
cow-house
Ditto ...
Void
- - Unfinished house
and garden.
Ditto ...
James Vowles -
Pasture-field and shed.
Ditto -
.
- ditto -
- ditto.
Ditto - - -
Himself -
Pasture-field & nursery.
Ditto ...
William Knee -
- - Garden and bowling-
green.
William Wasborough &
.....
George L.ewis -
Tenement.
John Lester.
Ditto ...
Benjamin William Byett
- ditto.
Ditto -
Void ...
- ditto and garden.
Ditto -
George Benee -
- ditto.
Ditto -
William Cross -
- ditto.
Ditto ...
Isaac Bence
- ditto.
George Edward Allen -
...
William Knee -
- - Public-house and
outbuildings.
Ditto . . -
William Ewicker
Barns and barton.
Ditto -
James Masters (a Ro¬
Cow-house.
bert Fisher.
Thomas Mannings
Parish of Batfford, in the County of Somerset.
Ditto -
John Briscoe
Ditto -
Ditto -
f
Devisees under the will
of the late Thomas
Evill.
Himself -
- ditto -
John Angel
- ditto -
John Adams & Richard
Carpenter.
John Adams -
- House, garden,
orchard and outbuild¬
ings.
Paddock.
Orchard and garden.
Orchard and pasture.
Garden and cottage.
- ditto.
COUNTY OF WILTS.
Parish of Ditteridge.
Thomas Andrews
William James
-- House, outbuildings,
mills, garden and or¬
chard.
( 181 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish
f Box.
E. R.& W. B.N or they
. . . _ „
Jacob Eddolls -
Arable field and brake
William Pinchin
-
Samuel Pinehin
Cottage and garden.
Ditto -
-
William Pinchin
- - House, garden and
orchard.
Ditto -
John Lidiard Phillips -
William Marks
Tenement.
Ditto -
- ditto ...
- - ditto and William
• - Mills and outbuild¬
Pinchin and Samuel
ings and ground in front
Pinchin.
of mills.
Ditto -
.....
- - William Cullen 5e
Tenements and gardens.
Robert Carter.
E. R. & W. B. Northey
-
- - Robert Newman &
Quarries.
Joseph Pickter.
Edward R. Northey and
.
....
Plantation.
William B. Northey
William Wiltshire
-
Himself - - -
Plantation.
Edward R. and W. B.
.
Themselves
Wood and quarry.
Northey.
Ditto -
William Hulbert
- - Pasture-field and
barns.
William Brown -
- -
William Brown
Plantation.
Parish of Corsham.
John Ederidge -
«...
Himself -
Fish pond.
Thomas Leir
•
John Edwards -
Pasture field and shed.
Ditto -
-
- ditto - - -
Pond.
George Dunsden
-
Jane Smith
Cottage and garden.
Ditto -
-
Edward Hayward
- ditto.
Ditto ...
-
Charles Tinson
- ditto.
John Hulbert
-
Henry Yoo
- - Cottage, garden and
shed.
Ditto -
-
William Green -
Cottage and garden.
Ditto -
James Day -
James Norris •
Ditto and shed.
Paul Cobb Methuen -
.
Himself - - -
Plantation.
Sir H. B. Neale, Bart.
-
Matthew Jenkins
- - Cottage, garden and
shed.
Ditto -
-
Thomas Hudd -
- ditto.
Ditto ...
James Woodman -
John Woodman
- ditto.
Ditto -
-
John Thompson
Barton.
James Chapman
Peter Hooper
James Beaven -
Garden and shed.
Ditto -
- ditto -
- ditto - - -
- - House, garden and
outhouse.
Ditto ...
- ditto -
Peter Hooper -
- - Barton, farm build-
ings and orchard.
Ditto -
- ditto -
James Woodman
- - Cottage, garden and
outhouse.
Joseph Freeth -
-
John Duck
- - Cottage, garden and
shed.
Ditto ...
Void
- ditto.
Audley Harvey -
-
James Coller -
Pasture-field and shed.
Sir H. B. Neale, Bart.
-
Joseph Freeth -
House and garden.
Ditto ...
-
- ditto -
- - Yards, bartons, out¬
buildings and orchard.
Branch to Bradford and Trowbridge.
Capt William Frederick
-
Richard Sargent
Arable field & quarry.
Rooke, R. N.
John Audrey -
-
John Anstey
Plantation.
6.
z
Z
(continued)
( 182 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
VV. H. Fox Talbot
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
George Bailey
Paul Cobb Methuen -
William Iledman
Ditto -
Dr. James Henry Arnold
Dr. Arnold
John Wilsbire -
Ditto
Parish of
William Milsom -
Catherine Barton -
Robert Jenkyns -
James Jenkyns
Thomas Hay ward
Betty Milsom
William Milsom -
Betty Milsom
Lay cock.
Ann Milsom
Charles Hudd -
Himself -
Himself -
Charles Holder
Betty Milsom -
Ann Milsom -
Betty Milsom -
George Bailey -
Robert Curnick -
Parish of Melksham.
Robert Curnick
William Hales -
Thomas Oakley-
John Eyles
Robert Curnick
Parish of Broughton Gijford.
Himself -
William Stancombe
R. G. Long
The Lord High Chan¬
cellor and Reverend
Charles Strachan.
John Keddle, sen. and
John Keddle, jun.
James Chapman
Ditto
Ditto
Ditto
Ditto
Himself -
Jasper Sly
John Dark
John Dark
Representatives of James
Smith.
Parish of Bradford.
Himself -
Himself -
George Coombes
Himself -
- ditto -
Ditto
Lieut. Colonel Forster
Ditto
Thomas Saunders
Ditto
Earl Manvers
Ditto
Ditto
Ditto
Ditto
- ditto -
Samuel Chapman
- ditto -
himself -
James Crisp
Himself -
- ditto -
James Griffin -
John Newberry
- ditto -
Garden and shed.
Cottage and garden.
- ditto.
- ditto and shed.
Cottage and garden.
ditto.
- ditto.
Garden.
Pasture-field and shed.
Orchard.
Cottage and garden.
- ditto.
- - House garden and
outbuildings.
- - Part pasture-field
and shed.
- - Pasture-field and
gravel pits.
- - House, mills, out¬
buildings, mill-pond, &
garden.
- - Farm-house, bar¬
ton, outbuildings and
garden.
- - Pasture-field, pond
and sheds.
Pasture-field and shed.
Plantation.
Orchard.
- - Farm-house, bar¬
ton, yards, gardens, and
outbuildings.
Garden.
Orchard and shed.
House, lawn,
garden, coach-house,
stables and outbuild¬
ings.
Occupation-road.
Pasture-field and shed.
-- Pasture-field, ox-stall
and shed.
-- Plantation,witby-bed
and brook.
- - Pasture-field, rick-
yard and shed.
Wood.
ditto.
Withy-bed.
- - Pasture-field and
stone-quarries.
Pasture-field and shed.
G.
( 183 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
John Keddle & Samuel
Keddle.
Ditto -
Mrs. Ann Raynor
John Clarke
Ditto -
H. G. Ludlow
Harry Slade
George Beams, sen. -
Ditto -
Corporation of Chippen¬
ham.
George Beams, sen. -
Robert Sadler
Mrs. Ann Bailiff
Miss Clowes, or West
Audrey Receiver in
Chancery.
Joseph Neeld
Ditto
Ditto
Ditto
John Provis
Mary Bramble -
Ditto
John Provis
Thomas Gaby and Ma
rianne Gaby.
Ditto
Joseph Neeld
Mary Bramble -
Ditto
Ditto
Thomas Gaby and Ma
rianne Gaby.
Mrs. E. Mitchell
Ditto
John Nicolls
Ditto
John Eddolls
Ditto
Pariah of Trowbridge.
William Dallimore •
- ditto -
Mary Watts
Joseph Giddons
- ditto -
William Edgell
Parish of Hilperton.
- j Herbert Bird -
Parish of Chippenham.
Jonathan Brinkworth
- - William Downing and
Christopher Bevan.
Richard Pinnegar Rich
- ditto
James Sperring -
- ditto
- ditto
William Hulbert -
- ditto -
John Hatherell
Thomas Sidnell
Thomas Bessant
- - Robert Badminton,
Henry Hancock, Ed¬
ward Swayne.
William Carpenter -
Broom Pinnegar
- - Broom Pinnegar,
William and Alfred
Taylor, and R. P. Rich.
Broom Pinnegar
- - Broom Pinnegar
and R. P. Rich.
John Provis
Rachel Salter -
- ditto -
John Provis
- ditto -
William Heale -
Broome Pinnegar
James Sperring
Elizabeth Tanner
Jonathan Brinkworth
Thomas Knight
R. P. Rich
- ditto -
Mrs. E. Mitchell
Rev. R. Ashe
Ditto -
Mary Susannah Crook
Ditto -
Long Wellesley -
Parish of Langley Burrell.
John Flower
- ditto -
William Green -
John Woodman
William Green
Rev. R. Ashe -
- ditto -
Mary Susannah Crook
- ditto -
John Smith
- - Pasture-field and
orchard.
- ditto.
Pasture-field and shed.
- - Pasture-field, brook
and shed.
- - Pasture-field, brook
and shed.
Pasture-field and shed.
Pasture-field and shed.
- - Pasture-field and
hay-ricks.
Garden.
Cottage and garden.
- ditto.
Garden.
- ditto.
Pasture-field and shed.
Orchard.
- - Farm-house, yards,
stables, bartons, barns,
outhouses and gardens.
Garden.
- - Yard, and way to
farm-house.
Orchard and garden.
- ditto.
House and garden.
Ditto, and outbuildings.
Timber-yards & sheds.
Nursery-ground.
Pasture-field and shed.
- - House, yard, work¬
shops, sheds & garden.
House.
Barn.
Pasture-field and shed.
Pasture-field & quarry.
Brake and pond.
Garden ground.
House and garden.
Cottage and garden.
- - House, garden and
pig-stye.
Garden ground.
Plantation.
- ditto.
Pasture-field and shed.
Barton and sheds.
Pasture field and barn.
(•continued)
( 184 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Su
Ion Benger.
Long Wellesley -
| John Smith
| Barton and yard.
Parish of Christian Malford.
Lord Caernarvon
-
Joseph Hull
- - Pasture-field and
gravel pits.
Ditto -
Joseph Hull
- - John Handley and
Cottages and gardens.
Joseph Brown.
William Fry
....
Jabez Hull
Orchard.
Lord Caernarvon
Ralph Hopkins
Ralph Hopkins
Cottage and garden.
Ditto -
Elizabeth Jacques
James Emery -
- ditto.
Ditto ...
- ditto -
John Selman -
- ditto.
Ditto -
- - Overseers of the Poor
- - Thomas Heath &
Cottages and gardens.
of Christian Malford.
William Heath.
Ditto -
Thomas Bessant
Garden ground.
Ditto -
....
William Bessant
- ditto.
Ditto -
Charles Bessant
- ditto.
Ditto -
Abraham Marsh
- ditto.
Ditto -
William Hassell
- ditto.
Ditto ...
.....
William Heath
- ditto.
Ditto -
Thomas Heath
- ditto.
Ditto -
William Bath -
ditto.
Ditto -
John Heath
- ditto.
Ditto ...
Edward Heath -
- ditto.
Ditto ...
James Hull
James Hull
Garden.
Ditto -
- ditto ...
- - John Heath and
- - Two houses and
William Little.
gardens.
Ditto -
John Bessant
John Bessant -
Nursery.
Ditto -
William Compton
William Compton
Cottage and garden.
Ditto -
John Bessant
George Bowley
Cottage.
Ditto -
John Newman
John Newman
- - House, garden and
out-houses.
Ditto ...
Thomas Hull -
- - Pasture-field, or¬
chard, hay-rick, pond,
and yard.
Ditto -
Daniel Hannams
Cottage and garden.
Hamlet of Foxharn, in the Parish of Bremhill.
Marquis of Lansdowne
.
John Morris -
- - Barns, bartons and
hay mows.
Parish of Dauntsey.
Trustees of the Will of
- - - -
Robert Jeffries -
-- Pasture-field, bartons
the late Lord Peter¬
and cow-houses.
borough.
Ditto ---
-
Thomas Greenman -
Common garden ground.
Ditto -
Richard Hull -
- ditto.
Ditto -
. - - -
Thomas Ferris »
• ditto.
Ditto -
Jeremiah Ferris
- ditto.
Ditto -
Thomas Greenman -
- ditto.
Ditto -
James Ferris
- ditto.
Ditto -
•
Thomas Ferris -
- ditto.
Ditto -
John Merrett -
- ditto.
Ditto -
William Keen -
- ditto.
Ditto -
•
James Ferris
- ditto.
Ditto -
-----
William Holdborough
- ditto.
Ditto -
John Merrett -
- ditto.
Ditto -
Thomas Ferris -
- ditto.
Tything of Grittenham, in the Parish of Brinkworth.
Lord Holland
-
....
- - Wood and occupa¬
tion roads.
Ditto -
-
James Sutton -
Pasture-field and shed.
Ditto -
Thomas Gough
Orch aid.
( 185 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY".
Parish of JVootton-Bassett.
William Parsons
- ditto -
John Knight -
Earl of Clarendon
...
.
.
Ditto -
-
.
•
Ditto -
-
-
Ditto -
Ditto -
Ditto - - -
Ditto -
...
-
-
Ditto -
Ditto -
Ditto -
-
-
•
Ditto -
Ditto -
Ditto -
Wilts and Berks Canal
.
-
-
Company.
William Parsons
John Knight
John Bryant
- ditto -
William Parsons
John Bryant
- ditto -
Isaac Ricks
Benjamin Franklin
John Hicks
George Mantel -
Ditto -
Ditto -
Ditto -
The Governors of Char¬
ter-house School.
Ditto -
Parish of Lydiard Tregooze.
William Davis -
- ditto -
- ditto -
- ditto -
William Plummer
Thomas Tuckey
The Governors of Char¬
ter-house School.
Ditto -
Ditto -
Ditto -
Ditto -
Ditto -
Parish of Wroughton.
John King
William Matthews
- ditto -
- ditto -
- ditto -
Thomas Tuckey
Ambrose Goddard
John Harding Sheppard
Devisees of the late Jo¬
seph Woodham.
E. J. Ewer
William Pike
Ditto
Hannington Poor
Robert Tuckey, Mary
Tuckey, William
Tuckey, Thus. Tuc¬
key & John Tuckey.
Ditto -
Ditto -
Ditto -
6.
Parish of Swindon.
Ambrose Goddard
John Harding Sheppard
Henry Ellison -
John H. Sheppard
Parish of Stratton St. Alargaret's.
Void -
John Greenaway
John Darby Tilly
Parish of Stanton Filz IVarren.
Themselves
- ditto
- ditto
- ditto
3 A
Farm-yard and bartons.
Rick-yard.
- - Farm-house, garden
and orchard.
Plantation.
Yard and cart-house.
Mill.
Garden and dry ditch.
- - Garden ground and
bartons.
Mill pond.
Mill stream.
Pasture-field and shed.
Ditto, shed and brook.
Garden.
Weir.
Plantation.
- ditto.
Coppice.
- ditto.
Coppice and cow-house.
- - Cow-house, yards,
sheds and hay-ricks.
Coppice.
- - Pasture-field and
cow-house.
Willow-bed.
Orchard.
Garden.
Coppica.
Coppice.
Pasture-field and shed.
- - Cow-house & stack¬
yard.
- - Cow-house & stack¬
yard.
House and garden.
Orchard.
- - Cow-shed and fold-
yard.
- - Stack-yard and cow¬
sheds.
- - Fold yard, barn
and cow-houses.
- - House, garden and
offices.
- - Stack-yard and
cow-shed.
(icontinued)
( 186 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Robert Datson
Ditto
Parish of Highworth.
William Large •
- ditto
- - Orchard, stables
and outbuildings.
- - Farm-house and
garden.
COUNTY OF BERKS.
Lord of the Manor
Representatives of Mrs.
Frome, deceased.
Joseph Coster
Trustees of the Hinton
Charity.
Lord Barrington -
Lord Craven
Magdalen College, Ox¬
ford.
Lord Barrington
Ditto -
Lord Craven
Ditto
Parish of Shrivenham.
Thomas Radborne
Joseph Coster -
In hand -
George Can field
Henry Lewis -
Parish of Ashbury.
- - Rev. Nat. George
Woodroff.
John Saunders -
David Manners
James Haines -
- ditto
Parish of Ujfinglon.
John Thatcher -
William Mundy
Garden ground.
Meadow and sheds.
Garden ground.
Meadow and shed.
Shed and stack-yard.
Barn and yard.
- - Farm-house, yard,
garden, buildings, &c.
- - Meadow and cow¬
house.
- ditto.
Shed.
Piece of gorse.
Hamlet of Baulking.
Lord of the Manor or
Overseers of the Poor
of Baulking.
Charles Hyde
- - William Johnson,
William Alder and
George Puzey.
James Mattingly
- - Two cottages, gar¬
dens and pond.
- - Meadow and stack¬
yard.
Parish of Sparsholt: Hamlet of Kingston Lisle.
C. Reynolds
Ditto
Ditto
Ditto
William Hobbs -
- ditto
- ditto
- ditto
Meadow and shed.
- ditto.
- ditto.
- ditto.
Parish of Sparsholt.
Mrs. Trinder
Rev. Henry Hippisley
Ditto
Ditto
Ditto
Henry Frampton
- ditto -
- ditto -
- ditto and Elias
Brown.
Aaron Belcher -
Meadow and shed.
Meadow and copse.
- ditto.
- - Farm-house, yard,
garden, orchard and
buildings.
- ditto.
( 187 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Letcombe Regis: Hamlet of West Challow.
General Popham
Ditto
Richard Morgan and
Wife, and Thomas
Smith and Wife.
Colonel Ravensliaw
William Steptoe -
Sir Thomas Byam Mar¬
tin.
Ditto -
Mrs. Judith Ann Bas¬
tard and Edmund Pol-
lexfen Bastard.
Wilts and Berks Canal
Company.
Trustees of the lateHon.
and Rev. John Black¬
wood.
Ditto -
Dean and Chapter of
Westminster.
Ditto -
William Frampton
- ditto
- - John Frampton and
James Mortimer.
- ditto -
Parish of Dcnclmorth.
William Trinder
Charles Hedges
Joseph Clement
In hand -
F. Stevenson
- Ditto -
Hamlet of Charlton.
William Alder -
Parish of Ardington.
Thoma3 Edwards
James Palmer -
- Ditto -
Ditto
Ditto -
Thomas Stevens, sen. -
Surveyors of highways
and Trustees of Cause¬
way.
Jonathan Betteridge -
Dean and Chapter of
Westminster, and
ltev. James Holcomb.
Thomas Stevens, sen. -
Mary Lyford and Trus¬
tees of the late Robert
Lyford.
Ditto -
Ditto -
- - James Roberts and
Richard Greenaway.
Jonathan Betteridge
Parish of Steventon.
- - William Child
Joseph Ellerway
Jonathan Betteridge
- ditto -
In hand -
- - James Dunsdon,
John Bunce, John
Taylor, John Wright,
Richard Beckensall.
Thomas Greenaway •
In hand -
Mary Lyford -
- ditto -
- ditto -
Parish of Wantage: Hamlet of Grove.
- - Farm-house, yard,
garden, buildings, &c.
Garden ground.
- - Farm buildings, cot¬
tage, garden and pond.
- - Cottage, garden,
pond and sheds.
Meadow and shed.
- - Farm house, yard,
garden and buildings.
Arable and barn.
Barn and yard.
Garden ground.
- - Pasture, cow-house
and sheds.
Pasture and drain.
Cottage and garden.
- - Yard, barn and
buildings.
- - Orchard and pigeon-
house.
House, yard <Sr gardens.
Orchard.
- - Parish roads and
causeway.
- - Five cottages and
gardens.
- - House, garden,
orchard and stable.
- - House, yard, barn,
garden and buildings.
- ditto.
Rick-yard.
- - Yard, bam and
buildings.
{continued)
( 188 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Stcventon—continued.
Thomas Stevens, sen. -
. ....
In hand - - -
Orchard.
Mary Lyford and Trus¬
.
Mary Lyford -
Orchard and cart shed.
tees of the late Robert
Lyford.
Trustees of Causeway -
.
Causeway.
Jonathan Betteridge -
-
In hand ...
Orchard.
Ditto ...
....
- - William Brewer and
- - Two cottages and
William Carter.
gardens.
Robert Smith
...
Richard Goddard
- - Cottage, garden and
buildings.
Charles Bedwell
.
In hand ...
- - House, garden and
buildings.
William Stevens
....
William Looker
Orchard and cart-shed.
Moses Tyrrell
....
In hand -
- - Pasture, brook and
orchard.
Joseph Boseley -
....
In hand -«
Orchard.
Moses Tyrrell
...
Moses Tyrrell, jun. •
Cottage and garden.
William Westall
....
In hand ...
Pasture and orchard.
William Tyrrell
.....
- - John Lennard and
- - Two cottages and
Robert Brewer.
gardens.
Thomas Dew
....
Francis Hopkins
Orchard.
Richard Tyrrell, jun. -
- - - -
In hand - - -
Orchard and garden.
Richard Betteridge
-
Israel Windus -
Orchard.
Richard Tyrrell, sen. -
....
In hand - - -
- - Arable and garden-
ground.
William Stevens
....
Mary Lyford -
Pasture and stable.
Thomas Scercebrook -
....
Benjamin Belsher
Orchard.
Richard Buckle
....
Richard Bedwell
- - Cottage, garden and
barn.
Richard Betteridge
-
In hand ...
Plantation.
Moses Tyrrell -
....
In hand - - -
Pasture and plantation.
Parish of Milton.
John Richard Barrett -
-
In hand - - -
Arable and orchard.
Ditto -
....
- ditto ...
Plantation.
Ditto -
-
- ditto ...
Plantation and pound.
Parish of Dudcoit.
The Rev. Robert Price
• - -
John Smith
Pasture and cowhouse.
Morrell and Trustees.
William Taylor -
-
In hand ...
- ditto.
Parish of South Moreton.
John Allnatt Hedges -
• m m m —
In hand -
Plantation.
Ditto ...
m rn m » —
- ditto ...
- ditto.
James Sad grove -
.
- ditto ...
Orchard.
Trustees of John Evans,
- - - -
Untenanted
Ditto and pasture.
a bankrupt.
Ditto -
Unoccupied
- - Mill, yard, garden,
stream and rag-liouse.
Parish of Cholsey.
William Jones, John
....
William Jones -
Orchard.
Jones and Bisley
Jones.
Mrs. Jane Wale -
....
- - Harriet Painter,
- - Three cottages, three
Robert Faulkner, Jas.
gardens and outhouse.
Lowe.
William, John and Bis¬
....
William Jones -
- - Rick-yard, barn,
ley Jones.
shed*, brook, &c.
( 189 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
William, John, and
Bisley Jones.
Ditto -
Mrs. Eleanor Langford
Peter Spokes
Jonathan Neal -
John Childs
John AllnaU Hedges -
John Field
Thomas Cox, senior -
John Allnatt Hedges -
John Bristowe, senior,
and John Bristowe,
junior.
Ditto -
Richard Woodwards
Ditto
Dean and Chapter of
. Christchurch, orOver-
seers of the Boor.
William Panter -
Ditto -
Dean and Chapter of
Christchurch, orOver-
seers of the Poor.
Ditto
Lords of the Manor
Dean and Chapter of
Christchurch.
Ditto -
Dean and Chapter of
Christchurch.
William Higgs -
6.
Parish of Cholsey—continued.
William Jones -
ditto -
Thomas Witherall
Jonathan Neal
William Goodchild
- - Jonathan Neal and
John Parsons.
- - Himself and Aaron
Dickens.
Charles Hunt -
- - Mrs. Martha Good-
child and William
Franklin.
John Holloway
- - Himself and Tho¬
mas Cox, junior.
William Goodchild -
Richard Whiting
ditto -
COUNTY OF OXFORD.
Parish of South Stoke.
Edward Hodge -
Luke Havell
- - John Bell, Luke
Havell, John Ward,
James Herman.
Elisha Stevens -
- - David Spokes, Wil¬
liam Turner, Martha
Smith and Benjamin
Hancock.
- - William Hodges,
HenryFaulkner, Eliza¬
beth Abdy and Tho¬
mas Major.
John Godfrey,
David Druce, John
Smewing, Thomas Jef¬
freys.
Isaac King
Unoccupied
- - William Moulden,
William Tyrell.
- - John Hatt, James
Deacon.
- - Cottage, yard, road¬
way, garden and build-
ings.
- - Farm-house, two
gardens, orchard and
shed.
- - Cottage, yard, barn,
stable, garden and or¬
chard.
- - Cottage, orchard,
garden, barn and out¬
house.
- - Cottage, garden, or¬
chard and sheds.
Private road.
- - Two cottages, two
gardens, orchard and
pigeon-house.
- - Cottage, garden, or¬
chard and wood-house.
- - Cottage, yard, barn,
stable, orchard, garden
and shed.
Private road.
Withey bed and ditch.
Withy bed.
3 B
Garden-ground.
- ditto.
- - Four cottages, gar¬
den and shed.
Orchard.
- - Four cottages, gar¬
den and pigstye.
- - Three cottages, three
gardens, two courts and
sheds.
- - Three cottages, five
gardens, courts, sheds
and passage.
Parish pound.
Yard, buildings, &c.
- - Farm-yard, rick,
barn, stables and build¬
ings.
Garden and sheds.
- - Two gaidens and
sheds.
(icontinued)
( 190 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of South 6
toke—continued.
George Rowland Min-
Richard Minshull
- - Jame3 Saunders,
- - Two cottages, gar¬
shull, or Thomas
Samuel Pemberton.
dens and sheds.
Panter.
William Higgs -
-
- - William Yates,
- ditto.
Vincent Pole.
Thomas Panter -
-
Richard Woodwards -
Rick-yard.
Dean and Chapter of
Isaac King -
- - Mary Costiff, Eli-
- - Cottage, bakehouse,
Christchurch, and
sha Stevens.
school-room, shed, yard,
Trustees of Higgs's
and garden.
Charity.
Isaac King
- - John Godfrey,
James Deacon, Wil¬
liam Rivers, Samuel
Pemberton.
Garden-ground.
Thomas Panter -
.
James Sanders
Garden-ground & shed.
George Rowland Min-
Richard Minshull
Joseph Panter -
- - Arable open field
shull, or Thomas
Panter.
and shed.
Blackall Simmonds
....
- ditto -
- - Public house, shop,
stable, shed and garden.
Leonard Wilder -
" " *
Thomas Wilder
- - Garden ground,
open field.
Parish of Goring.
Philip Fowis
-
Robert Attwells
- - Cottage, garden and
outbuildings.
Charles Wright Gar¬
•
John Pitman -
Withy bed.
diner.
Ditto - - -
John Pitman
Thomas Hoare
Cottage and garden.
Ditto -
John Pitman
Meadow and chalk pit.
Ditto -
•
- ditto -
Cow-shed.
Ditto -
John Pitman
Jaines Jones
Cottage and garden.
John Pitman
-
In hand -
- - Arable, barn and
outbuilding.
Ditto -
.
- ditto -
Garden ground.
Charles Wright Gar¬
...
John Pitman -
- ditto.
diner.
Trustees of the Lowhill
....
John Pitman -
- - Arable, barn and
Charity of Goring.
yard.
- - Two cottages and
Charles Wright Gar¬
....
- - William Gardiner
diner.
and Thomas Ford.
garden ground.
John Webb
-
Mary Camp
Garden ground.
Ditto -
Mary Camp
John Loder, junior
- ditto.
Ditto
- ditto -
- - John Loder, junior,
Samuel Spokes and
Mary Camp.
Cottages.
Charles Leach -
• ....
- - William Jone3 and
John Hutt.
- - Two cottages and
gardens.
John Webb
-
Mary Camp
Shed.
John Frewin
....
- - Churchwardens &
Overseers of Goring.
- - Three cottages and
gardens.
John Leach
•
In hand -
- - Shed, wood-yard,
barn & garden ground.
Charles Wright Gar¬
-
Mary Camp
Garden ground.
diner.
Ditto -
- - Overseers of the poor
of Goring.
- - John Davis and
John Marcham.
- ditto.
Ditto - - -
- ditto -
- ditto and William
Two cottages.
Montague.
Ditto -
....
William Montague -
Garden ground.
Ditto -
Thomas Ford -
- ditto.
Ditto -
Thomas Ford
Thomas Ramble
Cottage.
Ditto - - -
.
Thomas Ford -
Garden ground.
John Leach
-
In hand - - -
- - Farm-house, yards,
6.
garden & outbuildings.
( 191 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
COUNTY OF BERKS.
William Stone -
Ditto •
Ditto -
Charles Ford
Ditto -
Sir Francis Sykes
William Stone -
Trustees of Basildon
Charity School.
Sir F. Sykes
Ditto -
Ditto
Ditto -
Parish of Basildon.
- - MaryAnn Robinson
and William Dudley.
William Pottinger
In hand - - -
James Sainsbury
- ditto -
David Chesteman
- - Richard Smith &
James Fuller.
John Ailum
John Hanson
John Symonds Breedon
Ditto -
Ditto
Ditto
George Jackson -
Ditto
John Fidler
William and John Bar
tbolomew.
Ditto -
Ditto -
Ditto -
Ditto
Mary Line and Eliza
beth May.
William and John Bar
tholomew.
John Symonds Breedon
Ditto -
Ditto -
Ditto -
Benjamin Briant or
J» S. Breedon.
John Symonds Breedon
Ditto -
Benjamin Briant or
J. S. Breedon.
John Symonds Breedon
William Milliard
olin Ford -
William Thatcher
John Hanson -
In hand -
William Broadway
Parish of Pangbourn.
- - William and John
Brookher.
Mary Jay
Rev. Henry Breedon
- ditto -
John Ford
- - James Allum and
John Wright.
James Hissey -
John Swain
Kezia Pearman
Mary Richards
- ditto -
In hand -
Kezia Pearman
John Deacon -
- - Richard Barker
and John Talbot.
Thomas Cooper
- ditto - - -
John Ford
Benjamin Briant
- - Richard Collins
and William Perkins,
- - James Plummer
and Ralph Perkins.
- - William Perkins,
Ann Ayres and Rich¬
ard Collins.
William Emmett
John Benjamin Varley
- - Cottage, garden and
outbuildings.
Cottage and garden.
Orchard.
- - Cottage, garden and
outbuildings.
Orchard.
Cottage and garden.
- - Two cottages and
gardens.
- - Cottage, yard and
garden.
Cottage and garden.
- ditto.
Plantation and roads.
Withy bed.
Two cottages & gardens.
- - House, garden and
outbuildings.
Garden-ground.
- ditto.
Timber-yard.
Cottages and gardens.
- - Cottage, garden and
outbuildings.
Cottage and garden.
Garden-ground.
- - Coach-house, yard,
shed and stables.
- - Small dwelling-
house and garden.
- - Malt-house and out¬
buildings.
- - House, garden and
outbuildings.
Orchard.
Garden-ground.
Meadow and shed.
Withy bed.
- - Cottage, garden and
stable.
- - House, garden and
outbuildings.
Garden-ground-
- ditto.
Three cottages.
Garden-ground.
- - Dwelling-house,
yards, gardens, stables,
&c.
(continued)
( 192 )
owner
description
or
lessee.
occupier.
of
reputed owner.
property.
1
Parish of Pangbourn—continued.
Edward Wells -
John Symonds Breedon
Edward Wells
Ditto
William Milliard
J. B. Varley
William Hilliard
Ditto
Ditto
Mrs. Sarah Baker
William Hilliard
Thomas Lovegrove
Benjamin Cordery
Ditto -
Thomas Lovegrove
John Symonds Breedon
Richard Baily
William West
John Burnham
- - Thomas Newbury
and Samuel Potlinger.
John Burnham
- ditto -
In hand -
- ditto -
John Burnham
Richard Bailey
- ditto -
In hand -
Margaret Wynne
Lewis Champ -
Andrew Brunsden
John Bond
Joseph Swain -
William Lintot
Garden-ground.
- - Cottages and garden-
ground.
Vard.
- - Yard, sheds and
stables.
- - Ruins and site of a
cottage.
- - Meadow, small yard
and stable.
Orchard.
- - House, shop and
garden.
Meadow and stable.
Garden and stables.
Cottage.
Garden.
- ditto.
- ditto.
- ditto.
- - Part of house and
garden.
Counties of BERKS and OXFORD, or one of them.
Parishes of Purley and Whitchurch, intermixed.
John Symonds Breedon I William West - - I William Lintot • Part of house & garden.
COUNTY OF BERKS.
Anthony Maurice Storer
Ditto, or Margaret Rey¬
nolds.
The Trustees of Edwin
Martin Atkyns.
George Henry Crutchley
Trustees of Allen's Cha¬
rity.
Ditto
George Higgs
Parish of Tile hurst.
John Duffin
Margaret Reynolds
John Duffin
James Farrow -
John Povey
George Higgs -
The Mayor and Corpo¬
ration of Reading.
John Weldale Knowlys
Ditto -
Henry Vansittart
Ditto -
Parish of St. Mary, Reading.
B. Simtnonds -
Parish of St. Laurence, Reading.
Thomas Garrard
John Jackson Blandy
- ditto -
- - Cottage, garden, and
outbuildings.
- - Cottage, garden and
hovel.
Barn and farm-yard.
- - Arable, pasture and
gravel-pit.
- - Farm-house, yard
and garden.
Outbuildings.
Stable and stack-yard.
Meadow,barn and yard.
Private road.
- - Cottage, garden,
stable and buildings.
Meadow, barn and yard.
( 193 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
Parish of Sonning.
Robert Palmer -
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
Ditto
In hand -
- ditto -
- ditto -
Thomas Stubble
Charles Millard
Samuel Aldridge
Francis Duffield
Thomas Simmons
- ditto •
Plantation.
- ditto.
Private road.
Cottage and garden.
- ditto.
- ditto.
- - Cottage, garden, barn
and yard.
Barn and yard.
- - Withy bed and half
River Lodden.
COUNTIES OF BERKS AND WILTS INTERMIXED.
George Billings •»
John Chasa
Captain Garth -
Sir Lloyd Duckinfield
John Killingley -
Benjamin Garraway -
James Williams -
Thomas Colborne
Charlotte & James Col¬
borne.
Representatives of Sa¬
muel Brawn deceased.
Ditto -
Ditto -
Mary Rennison -
Trustees of the Chapel
Ditto -
Representatives of Sa¬
muel Brawn, deceased.
Benjamin Garraway -
Charlotte and James
Colborne.
Sarah Carter
Thomas Garrard
Thomas White -
Jane Lock -
Ditto
James Colborne -
6.
Parish of Hurst.
In hand -
- ditto -
Henry Benwell -
- ditto -
Samuel Fulker - - Jacob Bailey
In hand - - -
William Sawyer
George Monday
In hand -
James Williams
- ditto -
- - Thomas Styles and
John Wannerton.
- - Thomas Vicars and
John Heath.
James Williams -
- - Two unoccupied,
William Eaton and
Sarah Lewis.
John Benwell -
- - Charles Cox and
John Cordery.
- - Sarah Deluce, Ro¬
bert Morewood and
George Ranee.
- - James Cranfield,
Robert Klymer, Thos.
Giles, Richard Foster
and John Parson.
John Savage -
- - Christopher Green
and William Lag.
- - James Henry
Champion.
- - Self and Elizabeth
VVhitman.
William Hicks -
; c
- - Withy bed and half
river Lodden.
Withy bed.
Withy bed and stream.
Withy bed.
Garden and orchard.
Orchard.
Orchard and garden.
- ditto.
Orchard and shed.
Stable, shed and yard.
House and garden.
- - Two cottages & gar¬
dens.
- ditto.
Chapel.
Four cottages.
House and garden.
- - Two cottages and
gardens.
Four - dilto.
Five - ditto.
Public-house.
- - Cottage, garden and
orchard.
Private road.
- - House, garden and
meadow.
Meadow and barn.
{continued)
( 394 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
i
COUNTY OF BERKS.
John Leveson Gower
Ditto
Ditto
Ditto
Ditto
Patrons of the Living of
Ruscomb.
Overseers of the Poor
of Ruscomb.
Ditto
John Leveson Gower -
Ditto -
Ditto -
Ditto -
Parish of
Robert Palmer
Thomas Cottrell -
Ruscomb.
George Cox
In hand -
James Harris *
- - Thomas Avery,
William Burkitt and
Matthew Warren.
Benjamin Garraway -
In hand -
- ditto -
- - Thomas Avery
and Sarah Woodley.
Stephen Cheeseman -
- ditto -
Thomas Cottrell
Garden ground.
Gravel-pit and waste.
Plantation.
Garden and cottage.
- - Garden ground and
waste.
Meadow and barn.
Garden.
Cottage.
- - Two cottages and
gardens.
- - Cottage, garden
and shed.
Orchard.
Private road.
Parishes of JVhite Waltham and Shottesbrook, intermixed.
Arthur Vansittart
Samuel Agge
Ditto
William Spurrit
Ditto -
Mayor and Corporation
of Maidenhead.
Elizabeth Lock -
Pascoe Grenfell -
Thomas and William
Louch.
Pascoe Grenfell -
Ditto -
Mayor and Corporation
of Maidenhead.
Mrs. Hadwin
Pascoe Grenfell -
Sarah Payne
Thomas Smith
John Webb Aldridge
Parish of Bray.
In hand -
Unoccupied
- - Mary Clarke anc
Elizabeth Lawrence.
James Wiggins
John Warner -
Thomas Huse •
Thomas Louch
In hand -
- - William and Tho
mas Louch.
- ditto -
Richard Goolden
Joseph Clarke -
- - William and Tho
mas Louch.
Samuel Wilder
Rick-yard and orchard.
House and garden.
Two ditto.
Cottage and garden.
- ditto.
- - Cottage, barn and
garden.
Garden ground.
Arable and plantation.
Garden ground.
Orchard and cottage.
Meadow and sheds.
- ditto.
- ditto.
Arable and chalk pit.
Withy-bed.
COUNTY OF BUCKS.
Earl of Orkney
Representatives of the
late Lord Grenville.
Ditto -
Rev. Henry Montagu
Grover and Eton Col¬
lege.
Parish of Taplow.
- I In hand
Parish of Hitcham.
James Darling
- - George and James
Pitt.
Ann Winter
Fish-pond.
Garden ground.
- - Two cottages and
gardens.
Gravel-pit.
6.
( 195 )
OWNER
or
REPUTED OWNER.
L ESS EE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Parish of Burnham.
John Pocock
Representatives of the
late Lord Grenville.
J. Dupre »
Ditto -
Churchwardens of Farn-
ham.
James Carter
Rev. Henry Wakeham
James Carter
Ditto
Lord Godolphin -
In hand -
John Agar
John Hillman -
- ditto -
Parish of Farnham Royal.
Alexander Stewart -
- ditto - -
- ditto -
- William Sams, Tho¬
mas Bolton, William
Worley, and one vacant.
- - James Carter, jun.,
William Aston, David
Ebbs, Rich. Marshall,
William Harding.
Robert Pope Mason -
- - Alexander Stewart,
lessee of Marshall's occu¬
pation.
William Bonsey
George Hoskins
Elizabeth Swabey and
Trustee.
Sarah Symonds and
Trustees, and Thomas
Ball and Wife.
Hon. John Sullivan -
Hubert de Burgh - | -
Parish of Stoke Poges.
- | Richard Dodd -
Parish of Upton-cum-Chalvey.
- | In hand -
Parish of Lang ley Marsh.
Francis Charlton
Thomas Perry -
Parish of Iver.
- | Joseph Trumper
Parish of Hilling don.
- | Thomas Rolfe -
Arable and gravel-pit.
Arable and pit.
Mill-pond.
garden, bouse and mill.
Nursery ground.
- ditto.
- ditto.
- - Four cottages and
gardens.
- - Five cottages and
gardens.
Mill-pond.
Brick-ground.
Brick-ground.
Plantation.
- - Cottage, garden and
orchard.
- - Plantation and dog-
kennel.
Withy-bed.
COUNTY OF MIDDLESEX.
Hubert de Burgh
Ditto
Ditto
Ditto
Parish of HiUlngdon—continued.
- - James and Abraham
Stroud.
-- James and Abraham
Stroud.
Thomas Rolfe -
- ditto -
- - Thomas Harford,
Robert Bates, William
Strutton, James Odell,
William Mattenley,
untenanted.
Plantation.
Pasture and pond.
- - Barn, yard and out¬
buildings.
Six cottages and gar¬
dens.
(continued )
( 196 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Hubert de Burgh
William Peak
Thomas Morris -
Thomas Carter -
Samuel and Lewis Po-
cock.
Ditto
Ditto -
Ann Dodd
Samuel and Lewis Po-
cock.
George Reid
John Mills and Trustees
of Mrs. Winter and
Peter Heather.
Samuel and Lewis Po-
cock.
Hubert de Burgh
Ditto
John Mills
Ditto -
Grand Junction Canal
Company.
Ditto -
Parish of Hillingdon—continued.
Thomas Rolfe -
- - William Seddon,
Joseph Branch, William
Reynolds, Elizabeth
Harwood.
Self and David Shelton
- - John Emmerton
Thomas King.
- - Thomas Hancock
and Thomas Devon¬
shire, James Stone-
street,Thomas Osborne,
Thoinas Holloway,
GeorgeNeighbor, Fran¬
cis Anderson, Joseph
Turner and William
Lewis.
In hand -
William Richmond
- - Joseph Bennett and
James Hunt.
Charles Hancock
- ditto - - -
-- William Richmond
and Daniel Allurn.
William Richmond -
- ditto -
Timothy Poitsmouth
- - Joseph Bennett &
James Hunt, John
Johnson, Benjamin
Porter, Richard Odell,
John Stroud.
- - William Heron h
Joseph Rutter.
- - William Heron &
Joseph Rutter, Ed¬
mund Neighbour,Rich¬
ard Treadway, John
Lines and John Nutt-
man ; one unoccupied.
Stephen Keene -
- ditto -
Charles Hancock
Samuel Clifford
- - House, yard, garden,
stable, barn and out¬
buildings.
- Four cottages, barn,
and garden ground.
Two cottages & gardens.
- - Two cottages, gar¬
den and workshop.
- - Eight cottages and
gardens.
- - Arable and brick-
ground, shed and sand-
house.
Arable & brick-ground.
- - Brick-ground, two
cottages, garden & shed.
Brick-field.
- ditto and arable.
Arable & brick-ground.
- - Brick-ground, sta¬
bles, shed and four
cottages.
Arable & brick-ground.
- - Brick-ground and
five cottages & gardens.
- - Brick-field, shed &
outbuildings.
Cottage and garden.
Brick-field and sheds.
Cottage.
West Drayton.
Hubert de Burgh
William Batt
Thomas Smith -
Grand Junction Canal
Company.
William Batt
Thomas Rolfe -
- - Self and James
Hollington.
— Thomas Smith,
Joseph Taplin,Thomas
Grimmeth and John
Few.
In hand -
Orchard.
Arable and cottage.
- - Two houses, gai dens
and warehouses.
- . The canal and tow¬
ing path.
Orchard.
( 197 )
OWNER
or
REPUTED OWNER.
LESSEE.
OCCUPIER.
DESCRIPTION
of
PROPERTY.
Daniel Wilshin -
Grand Junction Canal
Company.
Parish of Hayes-
Thomas Leather
Parish of Hayes, Precinct of Norwood.
Grand Junction Canal
Company.
Earl Jersey
Thomas Parker -
Representatives of John
Hamborough, deceased
Edward Benn
Ditto
Earl Jersey
Ditto
Ditto
Christopher Baxter -
Samuel Farlow-
Christopher Baxter -
- - Henry Knight and
George Beuzeley.
Jos. Hutchins -
Lord Mountford
Christopher Baxter -
William Welsh -
JohnWilliam Commerill
Thomas Hervey Baber
Trustees of Hobbaynes
Charity.
James Littleboy -
Dr. Kenneth Courtenay
Michael Gannan
Ditto ...
John Ladley
Trustees of the Will of
John Norgrave, de¬
ceased.
John Ladley
Charles Turner -
Representatives of John
Norgrove, deceased.
George Harrington
William Morse -
Douglas Charles Love-
day and Wife and
Trustees.
Elizabeth Hayes
Representatives of Chris¬
topher Weatherley.
Mrs. Susannah Norris
James Smallman
Charles Benham -
Ditto
Robert Glover and
George Wichelow.
Thomas Kane
George Wood
6.
- - John Gosling, Thomas
Hervey Baber, John Gal-
way.
Parish of Hanwell.
John Galway -
- ditto -
- - Overseers of the poor
of Hanwell.
In hand -
Susan Woodroffe
John Eden
In hand -
- ditto ...
Thomas Haffenden -
In hand -
- ditto
Thomas Haffenden
Elizabeth Knapp
Parish of Ealing.
In hand *
- - Douglas Thompson
and John Fuller.
Joseph Stephens
Richard Blatch
Thomas Weatherley
George Jackson
- - William Piper,
William Adams.
- - Richard Mumford,
John Cave.
- ditto -
In hand -
- - James Piper and
Edward Boone.
Samuel Gillingham -
3 D
Cottage & garden ground
Canal and towing-path.
Canal and towing path •
Orchard,
ditto and barn.
Barn and inclosure.
Two cottages & gardens.
Garden ground.
Plantation.
Meadow and gravel-pit.
- ditto.
Meadow, shed & pond.
Meadow and orchard.
Meadow and gravel-pit.
Meadow and withy bed.
Stable, sheds & garden.
- - Cottage, garden and
outbuildings.
Barn and outbuildings.
Garden ground.
- - Dwelling-house, gar¬
den, stable and out¬
buildings.
- - Yard, stable and
outbuildings.
Meadow or paddock.
Garden ground.
- ditto.
Meadow and shed.
Garden ground.
Cottage and garden.
- - Arable, with garden
ground and gravel-pit.
- - Dwelling-house, gar¬
den, yard, workshops
and outbuildings.
- - Twocottages, garden
and outbuildings.
Garden and shed.
- - Two cottages and
gardens.
- ditto.
- ditto.
- - Market-garden, with
dwelling house Si sheds.
(continued)
( 198 )
OWNER
DESCRIPTION
or
LESSEE.
OCCUPIER.
of
REPUTED OWNER.
PROPERTY.
.
James Wood
Ditto -
Grand Junction Canal
Company.
William Mumford Nurse
William Denew -
Bishop of London
London andBirmingham
Railway Company.
Parish of Acton.
In hand •
- - William Henry Bailey
ditto
- - Henry Bailey, Sa¬
muel Hunter, John
Hyde, Moses Hunt.
Parish of Hammersmith.
Henry Hodson
Thomas Callis -
- - Representatives of
Benjamin Brook, decd.
In hand
- - Meadow, with shed
and pond.
Meadow and shed.
Canal and towing-path.
- - Four cottages, yards
and outbuildings.
- - Arable and meadow,
with dwelling-house,
garden and buildings.
Meadow and barn.
Railway.
GREAT WESTERN RAILWAY.
A
BILL
[as amended by the committee]
Making a Railway from Bristol to join the
London and Birmingham Railway near
London, to be called "The Great
Western Railway," with Branches
therefrom to the Towns of Bradford and
Trowbridge, in the County of Wilts.
for
5 Will. IV.
Sess. 1835".
Swain, Stevens Co. London.
Osbornes Ward\ Bristol.
Dyson $$ Hall,
House of Commons. I Parliamentary
St. George Burke,
Parliament-street.
Agents.