1 Victoria.^:—^Sess. 1837.
■y-. AN,
to
Enable the Great Western Railway Company to
extend the Line of such Railway, and for other
Purposes relating thereto.
[Royal Assent, 3 1837.]
an Act was passed in the Fifth and Sixth Years Preamble
of the Reign of his late Majesty King William the ""eciting
Fourth, intituled, " An Act for making a Railway from Bristol to c. 107. '
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," and another Act was passed in the. Sixth Year
of theRéign of his said Majesty, intituled, "An Act to alter 6 Will. 4
the Line of the Great Western Railway, and to amend the Act c. 38.
relating thereto
And whereas it would be attended with great Public advantage
if the Line of the said Railway, as authorized to be made by the
said recited Ac^s, were extended to or near to the Basin of the
Paddington Canal, in the Parish of Paddington, in the County of
Middlesex: But the authority of Parliament is necessary for
carrying the above object fully into effect :
,11. a May
i E 3 Û 'L 0
(S- 75*
( 2 )
May it thereforo please Your MAJESTY,
That it may be Enacted ; 000 hg it SHnaCtgD, by The QUEEN's
most Excellent Majesty, by and with the advice and consent
of the Lords Spiritual and Temporal, and Commons, in this
Powers of Parliament assembled, and by the authority of the same,
recited Acts THAT all the powers, authorities, provisions, directions, penal-
to extend to ties, forfeitures, payments, exemptions, remedies, regulations,
this Act. clauses, matters and things contained in the said recited Acts,
or either of them, (except such of them or such parts thereof
respectively as are by the said last recited Act repealed, altered,
or otherwise provided for), shall extend and be construed to
extend to this Act and to the several works and things hereby-
authorized or required to be made and done, and shall operate
and be in force in respect to the objects and purposes of this
Act, as fully and effectually to all intents and purposes whatso¬
ever, as if the same powers, authorities, provisions, directions,
penalties, forfeitures, payments, exemptions, remedies, regula¬
tions, clauses, matters and things were repeated and re-enacted
in this Act.
Power to And be it further Enacted, That it shall be lawful for the said
extend the Company, and they are hereby empowered to extend the line
the bSin°of of the said Railway, and to make and maintain such extended
the Padding- line of Railway, with proper and convenient wharfs, ware-
P^d'^ion' houses, stations, dépôts and approaches thereto, and other works
connected therewith in the line or course, and upon, across,
under or over the lands delineated on the plan, or described in
the book of reference thereto, deposited as hereinafter mentioned
with the clerk of the peace for the county of Middlesex, (that
is to say), commencing in a certain field in the parish of
Acton, and county of Middlesex, and numbered Forty-nine
on the plan of the said Railway, as authorized to be made,
altered or varied by the said last recited Act, and deposited
with the clerk of the peace for the said county of Middlesex,
and terminating at or near a certain space, of ground adjoining
or near to the basin of the Paddington canal, in the parish of
Paddington, in the said county of Middlesex, and passing from
through or into the several parishes of Acton, Hammersmith, St.
Mary Abbots Kensington, St. Lukes Chelsea, and Paddington,
or some of them, in the said county of Middlesex.
11. And
C 3 )
And be it Enacted, That for the purposes of the said extended
line it shall be lawful for the said Company, and, they are district
hereby empowered at their own expense, to alter and divert the Metropolis
present course of that portion of the Sixth district of the Metro-
polis turnpike roads, situate at or near the Westbourne turnpike turnpike
gate, in the manner shown upon the plan deposited with the gate-
clerk of the peace for the county of Middlesex, as hereinafter
mentioned, and thereupon such part of the present road as may
lie between the points of deviation shall become the property of
and absolutely vested in the owner of the adjoining land through
whose property the diversion shall be made ; and the new road
so to be formed as aforesaid shall become and be absolutely
vested in the Commissioners of the Metropolis turnpike roads
north of the Thames : Provided always, that such alteration or
diversion shall be made under the direction and superintendence
of the surveyor-general for the time being to the said Commis¬
sioners, in like manner as is provided by the said first mentioned
Act with respect to works connected with the said roads.
AND whereas a map or plan and section describing the line ¿gp^.
and levels of the intended extension of the said Railway, and sited with
the proposed diversion of the said road, and the lands in and to
through which the same and the works connected therewith remah^n Lis
respectively are intended to be carried or made, together with cnstodj.
a book of reference thereto containing the names of the owners
or reputed owners, lessees or reputed lessees and occupiers of
such lands, has been deposited in the office of the clerk of the
peace for the county of Middlesex ; BE it therefore Enacted,
That the said map or plan section and book of reference so
deposited, such plan and section being the plan and section
approved of by Parliament, shall remain with, and be kept by
the said clerk of the peace, and all persons interested in any
manner in any such lands shall at all seasonable times have
liberty to inspect and to make extracts from or copies of the
said map or plan section and hook of reference respectively,
paying to the said clerk of the peace the sum of One shilling for
every such inspection, and after the rate of Sixpence for every
One hundred words copied therefrom ; and the said map or plan
section and book of reference, or true copies thereof, or of so
much thereof respectively as shall relate to any matter in ques¬
tion, certified by the said clerk of the peace, shall be and are
hereby declared to be good evidence in all courts of law and
elsewhere.
Provided
( 4, )
Errors and Provided always, and be it further Enacted, That it shall be
Acro^book Company to make the said extended Railway
ofrefercnce the before-mentioncd diversion of the said road, and all
not to ob- necessary or convenient Works connected therewith respectively
in the line or course, and in or through the lands delineated
extension of on tlic Said plan, subject as hereinafter mentioned, although
the itailway. gych lands or any of them, or the situation thereof respectively,
or the names of the owners lessees or occupiers thereof respec¬
tively may happen to be omitted misstated or erroneously
described in the said book 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 said county of Middlesex (in case of any
dispute about the same), and be certihed by writing under their
hands tliat such omission misstatement or erroneous description
proceeded froai mistake; and every such certificate shall be de¬
posited with and be kept by the clerk of the peace for the said
county of Middlesex, and shall be sufíicient for all the purposes
of this Act.
Power to And be it further Enacted, That the said Company in making
the said extended Railway and other Works by this Act autho¬
rized, shall have full power to deviate from the line thereof as
delineated on the said map or plan so deposited with the clerk
of the peace as hereinbefore is mentioned ; provided that no
such deviation shall extend to a greater distance than One hun¬
dred jmrds, or in passing through any town to a greater extent
than Ten yards, from the line so delineated on the said plan, nor
shall any such deviation extend into the lands of any person
whose name is not mentioned in the said book of reference,
without the previous consent in writing of the person whose
lands shall be affected thereby, unless the name of such person
shall have been omitted by mistake or inadvertence, and unless
the fact that such omission proceeded from mistake or inadvert¬
ence shall have been certified in manner hereinbefore provided for
in cases of unintentional errors in the said book of reference.
Limiting de- And be it further Enacted, That in making the said Railway
Datum it sliall iiot be lawful for the said Company to deviate from the
described on levels of the said Railway as referred to the common Datum
Uie section, Lj^e described on the section so approved of by Parliament, and
as marked on the same to any extent exceeding in any place
Five feet, or in passing through towns Two feet, without the
consent of the owners lessees and occupiers of the land in,
through or over which such deviation is intended to be made,
or in case any street or public carriage road shall be affected by
such
C ~5 )
sucli ' deviation, then the ' same Aal not he made without thé
consent of the trustees or commissioners, or if there be no such
trustees, or commissioners, without the consent of Two or more
justices of the peace in petty sessions assembled for that pinpose,
and acting for the district in which such street or public carriage
road may be situate, or without the consent of the commissioners
for any pubhc sewers, or of the proprietors of any canal or naviga¬
tion affected by such deviation, and that no increase in the inclina¬
tion or gradients of the said Baffway as denoted by the said section
Btinll be made in any place to an Œtent exceeding the rate of Three
feet per müe ; and where m any pkce it is intended to carry tiie
Railway on an arch or arches as marked on the said plan or section,
the same shall be made accordingly, and where a tunnel is marked
on the said plan or section as intended to be made at any place, the
same shall be made accordingly, unless the owners lessees and
occupiers of the land in or through which such tunnel is intended
to be made shall consent that the same shaU not be so made ; Pro¬
vided nevertheless, that it shall be lawful for the said Company with
such consent as aforesaid and not otherwise, to make a tunnel or an
arch or arches as aforesaid not marked on the said plan or section,
so that no such tunnel shall be of a greater length than Two hun¬
dred yards, and that no Two tunnels be at a less distance from each
other than One hundred yards measured on the line of the Railway:
Provided always, that notice of every petty sessions to be holden f<»
the purpose of obtaining such consent as aforesaid shall. Fourteen
days previous to the holding of such petty sessions, be given in some
newspaper circulating in the county, and also be affixed upon the
diurch door of the parish in which such deviation or alteration is
intended to be made, or if there be no church, some other place to
which notices are usually affixed: Provided also, that for tiie pur¬
pose of consenting to any such deviation from the said sections, and
to any tunnelling or arching as aforsesaid, the word "owners" shall
be deemed and taken to mean such persons as are herein capacitated
to agree for the sale of and to convey land for the mnldTig of the
said Railway, and the consent of such persons with or without the
consent of any other persons interested as owners in the said lands,
shall be deemed and taken to be sufficient for such purposes.
And be it further Enacted, That it shatt not be lawful to diminisb lestrictioi
the radius of any curve fama what it is shown to be on the plan «herEtio™
,, ^01 eurwt.
^ ' H deposited
( ö )
deposited with the clerk of the peace, unless such radius exceed One
mile, nor to diminish it in any such case so that it shall become
less than One mile, nor to diminish any greater radius by more
than a Quarter of a mile, unless where it exceeds Two miles, or by
more than Half a mile, unless where it exceeds Three miles on the
said plan.
Empowering
the trustees
of the Pad-
dington es¬
tate and the
Bishop of
London to
grant leases
to the Com¬
pany.
And whereas the said Railway is intended to pass through certain
lands in the parish of Paddington belonging so the Lord Bishop of
London, and held on lease by Thomas Thistlethwayte and Thomas
Somcrs Gocks, as Trustees under several Acts of Parliament, and
other assurances relating thereto, for a long term of years, renewable
for'ever : And whereas certain portions of such lands will be requmed
by the said Company, as well for making their Railway as for their
dépôt at the termination of the said Railway, and for approaches
thereto, and the erection of warehouses and other buildings thereon :
And whereas it is expedient, and the Right Honourable and Right
Reverend Charles James the present Lord Bishop of London, and the
said Thomas Thistlethwayte and Thomas Somers Cocks are respec¬
tively willing that the said lands should be demised to the said
Company for the purposes of the said Railway and Works, Upon
leases thereof for ninety-nine years, renewable at the expiration of
every fifty years, in manner hereinafter mentioned ; BE it therefore
Enacted, That it shall and may be lawful for the said Thomas Thistle¬
thwayte and Thomas Somers Cocks, or the survivor of them, or the
executors administrators or assigns of such survivor, and the lessee
or lessees for the time being, under or by virtue Of any renewed lease
to be from time to time granted by the Lord Bishop of London for
the time being, and to and for his or their executors administrators
and assigns, with the consent and approbation of the said Lord Bishop
for the time being, to demise lease or grant any part of such lands
'required by the said Company, and as the said Lord Bishop and trus¬
tees may think proper to demise, for any term or number of years not
exceeding ninety-nine years, and renewable perpetually at the expi¬
ration of every fifty years for a further term of ninety-nine years, so
as there be reserved by every such lease or grant respectively the
best and most improved yearly rent wliich can be reasonably gotten,
and which the said Lord Bishop and trustees may agree to take for
the same, one-third part thereof to be reserved and made payable to
the said Lord Bishop and his successors, and the other two-third
11. parts
< ^ )
parts thereof to thé said Thomas Thistlethwayte and Thomas Somers
Cocks, their executors administrators andassigns, or to the lessee or
lessees for the time being under any renewed lease or leases to be
^antedby the said Lord Bishop or his successors, sudi rent or rents
to be made payable quarterly, free from all deductions whatsoever,
wiäiout any fine premium or foregifl, or anything in the nature of a
fine being taken, (except as is hereinafter provided) for making such
lease i and in all leases So to be granted or rmiewed to the said
Company as aforesaid, there shall be reserved the like power of dis¬
tress as landlords under common leases have for the recovery of rent
in arrear, although such rents may not be wholly or in any respect
incident to the reversion of the premises demised, and also a power
for miabling the said Lord Bishop and his lessees for the time being
as aforesaid, in case of nonpayment of the rent to be paid and in
such leases to be reservedandmade payable, by the space of Twenty-
one days next after any portion thereof shall become due, to seize and
distrain all and every or any of the engines, carriages, machinery,
goods, wares, merchandize, chattels and effects whatsoever belonging
to the said Company, wheresoever the same can or may be found,
and whether on the said demised premises or not, and to sell and
dispose thereof as in other cases of distress for rent reserved between
landlord and tenant, and also a power to enter on all and every or
any of the toll-houses belonging to the said Company, and to
receive and "take all and every the tolls rents and duties payable to
the said'Company by virtue of any Act or Acts of Parliament made
'or to be made, or which shaU be reserved on any lease or agree¬
ment to he granted or entmcd into by the said Company, and use
and exercise all powOT and remedies of the said Company for
"obtaining the said tolls rents and duties, until by the means afore¬
said or otherwise all arrears of the said rent so to he reserved and
made payable to the said Lord Bishop and his lessees as aforesaid,
'together with the costs, charges and cxpences attending all and
"every such distress and sale and entry and perception of the tolls
rents and duties aforesaid shall be fully paid and satisfied, and
'wMih powers of distress, sale, entry and perception of tolls rents
and duties shall have pîîorîty over, and be paramount to, any other
charge or interest whatev® on the said premisBS, or on the engines,
carriages, machinery, goods and wares, merchandize, chattds, effects,
toU-houses, toll-rents and duties of and belonging to the said
^Company ; and all covenänts provisoes and agreements m the said
leases
{ 8 )
leases to be contained shall be binding as well-upon the said Com¬
pany and their successors and assigns, as upon the said Bishop
and his successors and other parties to the said lease, their
respective executors administrators and assigns ; and the said Com¬
pany are hereby authorized and required to accept such leases,
instead of purchasing the said lands under the powers contained in
the said recited Act, and to enter into such covenants provisoes and
agreements under their corporate seal, and to pay and apply the
money authorized to he raised by the said first recited Act, and
other the funds of the said Company, in pursuance of such lease,
and of the covenants and agreements to be therein contained.
Premiums to AND whereas certain portions of the lands belonging to the
be paid for Lord Bishop of London and to the said Thomas Thistle-
leases to be ^
applied in thwayte and Thomas Somers Cocks as trustees thereof, now
hirumbrarces charged with certain mortgages, amounting in the whole
on the estate, to the suiu of Twenty-three thousand pounds, and the said
Lord Bishop of London and the said trustees are or may
be under liabilities and engagements in respect of the said property
in a further sum not exceeding Seven thousand pounds ; And
whereas the lands belonging to the said Lord Bishop and
trustees, and required for the purposes of the said Railway, will
exceed in value the sum of Thirty thousand pounds ; BE it
therefore Enacted, That notwithstanding anything hereinbefore
contained, it shall he lawful for the said Company to pay, and for
the said Lord Bishop and the said trustees to accept and receive,
[ and the said Company are hereby required to pay, the said sum of
Twenty-three thousand pounds, and any other sum, not exceeding the
said sum of Seven thousand pounds, which the said Lord Bishop and
trustees may require, as and by way of premium or part conside¬
ration for the lease or leases to be granted of the said lands as here¬
inbefore mentioned : Provided always, that the said sum of Twenty-
three thousand pounds, and so much of the said sum of Seven
thousand pounds as shall be paid to the said Lord Bishop or to the
said trustees by way of premium or part consideration as aforesaid,
. shall be applied only , in discharge or reduction of the said .mort¬
gages or other liabilities affecting the said lands as aforesaid.
ere«''buiid- And be it further Enacted, That the said Company shall and they
ings of the hereby required to erect and build upon the lands to be leased
value of ^
£.10,000. fo
( 9 )
to tàem in mianer hereinbefore mentioned, or upon such part
Äereof as may be agreed on between them and the said Bishop
and trustees respectiTely, buñdinga of the -ralue at least of Ten
' thousand pounds, and for ever afterwards during the subsistence of
any lease of such lands or any renewal thereof to maintain such
buddings, so Üiat &e value thereof shall at idl times amount to the
sum of Ten thousand pounds, as and by way of additional
security for the rent to be reserved in such leases as aforesaid.
And be it Enacted, That the said Company shall and they Company to
are hereby required, within Ten months after any such lease o\w
shall be granted as hereinbefore authorized, to build and complete
mid for ever after maintain fit for use a carriage bridge, of brick and cemin
stone or iron, over the Grand Junction Canal at the present foot I'oads in the
, ' , parish of
bridge over the same, near to the intended depot of the said Rail- I'addington.
way, or as near thereto as may be, Forty feet wide in the clear,
with an approach thereto from the Harrow Roads Forty-five feet
wide, and in a line with the centre of the said present foot bridge,
and also to make and complete a road from the said bridge to
Spring-street, in the said parish of Paddington, Forty feet wide, and
from Spring-street to "the Black Lion Lane, in the said parish. Sixty
feet wide, including footpaths, such road and footpaths to he in lieu
of the Bishop's footpath, (which shall thereupon revert to the owners
of the lands on either side thereof,) and to be properly formed, con¬
structed, made and drained, with all fit and necessary materials in all
respects, and to the satisfaction of the surveyor for the time
being appointed by the vestiy of the said parish of Paddington, mid
of the surveyor for Ihe time being of the said Bishop and trustees :
Brovided always, that the said roads when constructed as aforesaid
shall he considered ás parish roads of the said parish of Padding¬
ton, and shall as such be under the control and management of
and shall be r^aired by the commissioners or tmstees for tiie time
being having the control and management of tfie highways within
tiie said parish ; provided also, that the hri%e so to he erected
as aforesaid shaU he constructed to the reasonable satisfaction of
the engineer for the time being of the said Canal Company, any
dispute respecting tiie same to he settled by reference to two in-
dififeent engineers, to be mutually chosen, or titieir umpire, in the
usual way.
11.
c
Be
( 10 )
Bridge to be
constructed
over the Rail¬
way near
Black láoi.
Lane.
Be it also further Enacted, That the said Company shall con¬
struct and keep in repair the bridge over the Railway at the inter¬
section of Black Lion Lane, of a width not less than Forty feet,
and that they shall ease off the approach to it by increasing
gradually the width of the road north of the gate leading into the
present residence of John Cockerell, Esquire ; and that they shall
also form and make all sewers that may he necessary to carry off
any flow of water arising from any alteration in the level of the
said road.
Providing for
injury to
roads in Pad-
dington
during the
construction
of Railway.
And be it further Enacted, That the said Company shall and
they are hereby required, in case the vestry of the said parish of
Paddington shall incur any extra expence in the repairs of the roads
under their superintendence and control by reason of and during
the construction of the works of the said Railway, to make full com¬
pensation to the said vestry in respect of any extra expence which
may be so incurred by them, the amount of such extra expence, in
case of dispute about the same, to be settled and determined by
two indifferent persons, to be named by the said Company and the
said vestry respectively, or by their umpire, in case they cannot
agree respecting the same.
And be it further Enacted, That no foundry nor any other works,
nor any trade or business whatsoever (except smiths' shops or ordi¬
nary shops connected with the works of the Company, and for their
use), which may be a nuisance to the said Lord Bishop and trus¬
tees for the time being, or the tenants or occupiers of the said
Paddington estate, shall at any time hereafter he suffered upon
any part of the premises by this Act authorized to be demised by
the said Lord Bishop and the trustees of the said Paddington
estate.
Regulating And be it further Enacted, That the Company shall be permitted
gbeTto"be authorized to erect one or two, but not more than two stationary
erected in the steam-engincs on the said land hereby authorized to be demised
P^ddingíon. ^y the said Lord Bishop and trustees to the said Company, not
exceeding together twenty-five horse power, and that no other
steam-engine shall be erected or used on the property now belong¬
ing to John Cockerell, esquire, west and south of the Harrow Road,
nor on the Paddington estate east of the property of John Cocke¬
rell, esquire, (locomotive engines for the Railway excepted) ; and
11. the
Fur prevent¬
ing foundry
or objection¬
able trades
upon the
Paddington
estate.
( 11 )
the steam-engines which shall be erected in any part of the parish
of Paddington shall be made to consume their own smoke, and if
any steam-engine shall be found not to consume its own smoke,
such engine shall he deemed a common nuisance, and the Com¬
pany may be indicted in respect thereof according to the laws in
regard to common nuisances, and the same shall be liable to be
abated as such ; and the chimney-shafts of the steam-engines in the
said parish shall be made of such heights, not exceeding One hun¬
dred feet respectively, as shall be approved of by the architect of
the said Lord Bishop and trustees for the time being, and the same
shall be of such ornamental elevation respectively as shall be
approved of by the said architect.
And be it further Enacted, That the said Company shall and Company to
they are hereby required, at their own expence, to supply such maintain ad-
additional police under the direction of the Commissioners of u'ceTn Pad-
Police, or pay for such additional number of policemen as the dmgton, if
.1^ /'T /-I ^ . , necessary,
said Company may find necessary for the safety convenience and
protection of the public, by reason of the construction of the
Works within the said parish of Paddington, until the opening of
the said Railway for the conveyance of passengers thereon.
AND whereas certain lands now held by the Company of Pro- Empowering
prietors of the Grand Junction Canal as lessees or otherwise jun^on"'^
will be required for the pui-poses of the said Railway and depots: Canal Com-
And whereas it is expedient that the said Company of Proprietors vey property
of the Grand Junction Canal should be enabled to convey or 'o the Great
Western
assign their interest in the same lands to the said Great Western Railway
Railway Company, and that the same last-mentioned Company Company,
should be enabled to accept such conveyance or assignment ; BE
it therefore Enacted, That it shall be lawful for the said Company
of Proprietors of the said Grand Junction Canal to sell and dispose
of or to assign their interest in the said lands, or any part
thereof, to the said Great Western Railway Company, upon such
terms as may be mutually agreed on between the said two com¬
panies respectively; and it shall be lawful for the said Great
Western Railway Company and they are hereby authorized and
enabled to purchase and acquire the interest of the said Grand
Junction Canal Company, or any portion of their interest in the
said lands.
Provided
( 12- )
Savingrîglus Provided always, and be it further Enacted, That nothing in this
of the Grand ^ct contained shall affect or be construed to affect the said Grand
pany! ' Junction Cknal Company, their rights, interests, waters or works,
further or otherwise than is provided for by the said recited Act
or by this Act.
Saving the
rights of the
Birmingham,
Bristol and
Thames
Junction
Railway
Company.
Authorizing
lord of the
manor and
copyholders
of Fulhatn to
accept lands
in exchange
fur those
Te<iuived for
the Railway.
Provided always, and be it further Enacted, That nothing in
this Act contained shall extend to prejudice, diminish, alter or
take away any of the rights privileges or authorities vested in the
Birmingham, Bristol and Thames Junction Railway Company ;
but all the rights privileges and franchises of the said Company,
and also all such powers and authorities in the Act relating thereto
as if this Act had not been passed, are hereby saved and reserved
to such Company, save in so far as the same may he in any manner
affected by any agreement already subsisting, or hereafter to
be made between them and the said Great Western Railway
Company.
AND "wheresß certain lands are required for the purposes
of the said Railway belonging to the lord of the manor of
Fulham and to the copyholders of the said manor; And whereas
the said copyholders are desirous to exchange the said lands so
required as aforesaid for other lands adjoining thereto, the owners
whereof are willing to effect such exchange on receiving from
the Great Western Railway Company the compeitôation which
would be payable by them in respect of the said lands -, BE it
therefore Enacted, That it shall he lawful for the said lord of the
manor of Fulham and for the said copyholders to accept of such
lands in exchange for the lands to he conveyed by them to the
said Great Western Railway Company, and such lands so
conveyed to them in exchange as aforesaid shall thenceforth be
subject in all respects to the same rights privileges and customs as
the said lands belonging to the said lord of the manor and copy¬
holders, and required for the purposes of the said Railway, were
subject to previously to such exdiange, and that it shall be lawful
for the said Great Western Raümiy Company to contract and
agree witii the lord of the manor and eopyholders fm the sum to
be paid for the lands belonging to them as aforesaid, and to pay
such sum to tiie owners of the lands to be conveyed to the said
lord
( 13 )
loM of Üie maaor or copyholáers ia exchange of the lands required
for Üie pui^oses of the said Railway ; and such lands so required for
the said Railway shall thereupon he conveyed to the said Company,
and shall he and become the property of the said Company in
like manner as thoxigh such consideration were paid to the said
lord of the manor and copyholders in respect of the said lands.
AND whereas the said Railway is intended to he carried over and For protec-
along part of the district or places which the Grand Junction . tion of Grand
Waterworks Company are authorized and empowered to supply with Waterworks,
water, and the said (hand Junction Watmvorks Company may he
required, or may have occasion to make or lay a main or mains,
pipe or pipes along public roads or streets, and in othar places in
the said district across or under which the said Railway may pass,
and hy reMon of such Railway a great and additional expence must
be incun-ed not only in Mying down and maMng such main or
mains, pipe or pipes, hut afterwards in keeping tiie same in repair ;
BE it therefore Enacted, That the said Grand Junction Waterworks
Company shall, notwithstanding this Act or anything herein
contained or &e said recited Acts, he at hhCTfy at any time or
times, and from time to time hereafter, to lay and make any wmm
or" mains, pipe or pipes, for the purpose of supplying the same dis¬
trict, under or over any part or parts of the said Railway, or under
or over any tunnel or tunnds which the said Railway Company
may lay or make within the said district, and that such mnin or
mains, pipe or pipes, shall be laid in a good and sufficient culvert
or culverts, or upon a bridge or bridges, and at a rise inclination
or dip of not more than one inch vertical for every thirty-six
inches horlzontel 5 and that all the costs charts and «pences of
and inddental to the laying down or making, sudi main or mains,
pipe or pipes, and of afterwards keeping the same in repair, over
and above the costs charges and esqiences which would have been
occasioned to or incurred by the said Grand Junction Waterworks
Company, if no Railway or tunnd or tunnels had been made, and
if this Act had.not been passed, shall be paid by the said Railway
Company to the said Grand Junction Waterworks Company, and
that the said Railway Company shall also bear and pay the whole
11. , D
( ,1't )
expence of making such culvert or culvers, bridge or bridges, and
of afterwards keeping and maintaining the same in repair.
To prevent
coiitaminE-
tioa of svater.
And be it further Enacted, That no pipe or other conduit to be
laid or used for the conveyance of gas in, under, through, along,
across or round any highway, street or other passage or place
within the limits of this Act, shall with the consent of the said
Great Western Railway Company be laid in the same culvert
in or through which any mains or service pipes, or conduit for the
supply of water by the said Grand Junction Waterworks Company
shall be laid, and that no such pipe or conduit for the conveyance
of gas shall be laid at a less distance than Four feet at least from
the joint of any water-pipe now or hereafter to be laid down for
the conveyance and supply of water by the said Grand Junction
Waterworks Company, and that if any pipe or main for the convey¬
ance of gas shall be required to be laid over or across any bridge to
be constructed for the purpose of conducting a main or pipe for the
conveyance of wat» a»o® the Railway, such bridge shall he of
sufficient width to leave a space of Four feet at the least between
the main or pipe for the conveyance of water and thé main or pipe
for the conveyance of g&s.
Saving ri^ts
uf Grand
Junctien
Waterworks
Company.
. Provided always, and be it further Enacted, That nothing herein
eonteined shall extend or he deemed or construed to Ktendto
prejudice alter or take away any of the rights interests or privileges
now vested in the Grand Junction Waterworks Compmiy,
For protec¬
tion rf the
West Mid-
lesex and
other Water¬
works Coaj"
panies.
. Provided always, and be it further Enacted, That nothing in this
Act contained shall extend to authorize or empower the said
Railway Company to raise, sink, alter, or in any manner to inter¬
fere with any main or pipe, or stopcock, plug or' branch laid down
or fixed or set up by the Company of Proprietors of the West
Middlesex Waterworks, or by any other waterworks company in the
district through which the Railway is intended to pass, unless Four¬
teen days' notice in writing of the intention of the said Railway
Company to raise or to sink, lower or alter the position or course
of, or otherwise to interfere with any such main, pipe, stopcock,
plug or branch shall have been given to the said West Middlesex
II. . Waterworks
( 15 )
Waterworks Company, or other the company to whom such main,
pipe, stopcock, plug or branch may belong ; and after and notwith¬
standing such notice, then only to such extent and d^ee aa shall
be requisite, and necessary for the purpose of enabling the said
Railway Company to carry into effect the provisions of this Act,
and not further or otherwise ; and the said Railway Company shall
then with all convenient speed, at their own costs charges and
e^ences, do or cause to be done aU such works and re|®,irs and
every other act and measure necessary for completing and per¬
fecting any main or pipe, stopcock, plug or branch which shall have
been so raised, sunk, altered or interfered with as aforesaid ; and in
case the said Railway Company shall by reason of the construction
of their works or otherwise occasion any interruption to the supply
of water from the mains of any waterworks company with which
they may interfere in the progress of such works, they shall forfeit
and pay to any person who may sue for the same the sum of One
hundred pounds for every day during which such supply.shall he so
interrupted, and the said Railway Company shall pay and reimburse
unto the said waterworks company to whom any main, pipe, stop¬
cock, plug or branch interfered with by them may belong, or
otherwise indemnify them from and against îdl penalties, charges,
losses, costs, damages and expences whatsoever which they shall
or may necessarily incur or be put unto by reason of such altera¬
tion of or interference with any of their said Works, pursuant to the
provisions of this Act ; and the same shall and may be recovered,
with full costs of suit, by action of debt or on the case in any of
Her Majesty's Courts of Record at Westminster : Provided always.
That whenever the said intended Railway or the piers of any
viaduct to he constructed for the purpose of the said Railway
shall pass over or he upon the pipes mains or other works of tiie
said West Middles^ Watscworks Company, or of any other water¬
works company, then the said Railway Company shall build and for
ever after keep in repair one or more culvert or culverts of sufficient
dimensions, under the inspection of and to the satisfaction of the
engineer for the time being of the mid West Middlesex Watrnvorks
Company or other the company whose mains pipes or other works
are so interfered with for the purpose of laying such mains or pipes
therein.
And
( lö )
llailway
Company
not to
prevent
Waterworks
Company
from laying
down pipes,
And be it further Enacted, That nothing in this Act contained
shall extend to prevent the said Company of Proprietors of the
West Middlesex Waterworks, or any other waterworks company now
established, their or any of their servants workmen or agents, from
raising or sinking, laying down, repairing or altering any main
or pipe, stopcock, plug or branch which now is upon or under
or crossed by the bne of the said intended Railway, or upon or
under any land or ground in the occupation of the said Railway
Company, or from laying down fixing or setting up any new and
additional main, pipe, stopcock, plug or branch which may be
necessary for the purpose of supplying with water any part of the
districts now authorized to be supplied by such Waterworks Com¬
pany or for the more perfectly or completely supplying with water
all or any of the districts which now are or which have at any time
been supplied with water by them: Provided alwa^, that such
additional mains, pipes, stopcocks, plugs and branches shall be
carried over or under the said Railway by or through such
bridges and culverts as may bo then constructed where the
same may he practicable ; Provided also, that before entering
upon or interfering with any of the lands or works of the Great
Western Railway Company for any of the purposes aforesaid,
the said Waterworks Company shall give to the said Railway
Company Fourteen days' notice of their intention so to do ; and all
works of the said Waterworks Company shaU he done under the
superintendence of the engineer for the time being of the said
Railway, and in such manner as to do as little injury or damage
and to occasion as little obstruction to the said Railway or the
works connected therewith as possible.
Savingrighfe
of West
MiddlTOs
Waterworks
Companj.
Provided always, and be it further Enacted, That nothing in this
Act contained shall extend or be deemed or construed to extend
to alter, diminish, prejudice, affect or take away any of the rights,
privileges, powers and autiiorities vested in the said Company of
the Proprietors of the West Middlesex Waterworks.
knnpsnj, if
equired, to
mrchase the
aaasioa-
louse and
AND whereas the said intended Railway and Works are intended
to pass nearly contiguous to a mansion-house and twelve acres of
land at Westbome, in the said parish of Paddington, belonging to
( 17 )
William Penney, esquire, BE it therefore Enacted, That in case land of WH-
the said William Penney his heirs or assigns, shall hy notice in '
writing to be left at the office of the said Company, require the
said Company to purchase the said manrion-house ánd land, it
shall be lawful for the said Company and they are hereby required
within Thirty days after the service of such notice, to treat for the
purchase of the said mansion-house and land, and for the compen¬
sation recompence or ssfcfaction to he made to the said William
Penney, his heirs, executors, administrators or assigns, in respect
of the same, and in case the party so giving such notice and the
said Company shall not agree as to the value of such mansion-
house and land, or as to the compensation recompence or satisfac¬
tion to be made to such party in respect thereof, then the amount
to he paid to such party shall be ascertained by the verdict of a
jur}', in the manner provided by the said first-mentioned Act for
ascertaining and settling the value or recompence for. other lands,
tenements, hereditaments and premises to he taken or ptirchased
for the purposes of the said Act, and that in case default shall be
made hy the said Company in payment of the sum or sums of,
money to he settled and agreed upon, or ascertained by the verdict
of a jury, as and for such value, compensation, recompence and
satisfaction as aforesaid, or of any part of sueh sum or sums of
money, for the space of Two calendar months after the same shall
have been settled and agreed xipon or awarded by such jury as
aforesaid, then and in every such case it shall be lawful for the
person or persons to whom such sum or sums of money ought to
be paid, to sue for and recover the same by action of debt or on
the case in any of Her Majesty's Courts of Record at West¬
minster.
AND whereas by tiie said first-recited Aet it is enacted, that in Providing fo.
aU cases in which, in the exercise of the powers thereby granted,
any part of any carriage or horse-road, railway or tramroad, either
public or private, shall be found necessa^ to be cut through,
diverted, raised, sunk, taken, or so much injured as to be impass¬
able or inconvenient for passengers or carriages, or the persons
entitled to the use thereof, the said Company shall at their own
espence, and before any road shall he so cut through, div®te^
raised, sunk, taken or injured as aforesaid, cause another good and
11. E sufficient
( lö )
sufficient road (as the case may require) to be set out and made
instead thereof, as convenient for passengers and carriages as the
road to be cut through, diverted, raised, sunk, taken or injured as
aforesaid, or as near thereto as may be ; and where the road cut
through, diverted, raised, sunk, taken or injured shall be a turnpike
road, the substituted road, if temporary, shall be set out and made
as aforesaid, and the principal road shall be restored within Six
calendar months next after the commencement of the operation ;
BE it Enacted, That in case the said Company shall not in manner
aforesaid cause another good and sufficient road to be set out and
made before any such road shall be so injured or prejudiced as
aforesaid, or in case any turnpike road shall not be restored within
Six calendar months as aforesaid, unless the trustees of the said
road shall have consented to an extension of the said period, then
and in either of such cases the said Company shall forfeit and pay
for each and every day during which such good and sufficient road
shall be neglected to be made as in the said recited Act directed,
or during which such turnpike road shall not be restored after the
expiration of tiie said Six calendar months, or such other extended
period as may have been consented to by the said trustees, the
sum of Twenty pounds, which penalty shall be recoverable from
the said Company in such and the same manner as any penalties
incurred by the said Company for which no special provision is
made by this Act.
IleguWtioti as And be it Enacted, That the embankment upon which the pro-
rneni íüí'cár- turnpike road at or near the said Westbourne tumpike-
ryîDEiiew gate is to be Carried shall be made in manner following ; that is
neaMvLt-^'^ to Say, the surface or top of the said embankment shall be every-
bounie turn- where of the level width of Sixty-five feet at the least, and the
pike gate. embankment shall slope or incline from the level of the sur¬
face or top thereof to the lands or grounds adjoining the same,
except at such parts where the sides shall be secured - by good and
sufficient retaining walls or other buildings, and such slopes of the
said embankment shall commence on each side of the said new road
to be formed thereon at a distance of Thirty-two feet six inches at
least from the centre of such road, and shall be continued in an
uniform and straight line of surface down to the said adjoining
lands or grounds, and shall not slope or incline more than One
11. foot
( 19 )
foot perpendicular in every Three feet horizontal ; and that in
forming the said embankment the mould of the land or ground
over which the same is to be made shall be preserved, and
after the said embankment is formed shall be laid to an uniform
depth upon the surface of the said slopes, so as not to alter the
inclination thereof, and that the whole of the said slopes shall be
covered over with grass sods of the thickness of Four inches at the
least, and that the said embankment and slopes shaU be formed
and for ever thereafter be maintained by and at the expence of
the said Company, and all falls slips or subsidings of the said
embankments and slopes shall at all times thereafter be repaired
and made good, and the said embankment and slopes from time to
time restored to the form state and condition in which they are
hereinbefore required to be made, by and at the expence of the said
Company.
And be it further Enacted, That the said new road shall be Providing for
formed on the surface or top of the said embankment, and shall be
i ' new road,
of the breadth of Forty feet at the least along the whole length
thereof, and that two footpaths shall be formed, one on each side
of the said new road, and each footpath shall be of the breadth of
Ten feet at the least, and that the said road and footpaths shall be
formed by and at the expence of the said Company of such mate¬
rials, and of such quantity and quality of each material, and in
such manner in all respects as shall be from time to time directed
or required in writing by the general surveyor for the time being
of the said Metropohs turnpike roads.
And be it Enacted, That the said Company shall, at their own
expence, set up erect and paint, and also plant along each side of
the said new road, for the whole length thereof, such sufficient
railing and fence as shall be required by the said general surveyor,
at a distance on each side of at least Thirty feet from the centre
of the said new road, and at the outer edge of the footpaths herein¬
before mentioned, and so as to leave at least Two feet six inches
between each such railing and fence and the outer edge of the said
embankment ; and shall also, at their own expence, make and form
all such carriage-ways steps and footpaths, and set up erect and
paint all such'gates, doorways, stiles and posts, and make and do
all such other works matters and things as shall in consequence of
the said embankment and road be rendered necessary to parties
interested
Hails and
fences on the
sides of new
road to be
Ibrmed and
maintained
b}' the Com¬
pany.
( 20 )
interested in any adjacent lands, or shall he required in writing by
the said general surveyor ; and also shall and will from time to time
and at all times hereafter, at their ov/n expence, repair maintain
and paint all the said railings, fences, gates, doorways, stiles and
■ posts, and repair and maintain all the said eandage-ways steps and
footpaths, and other works matters and things as aforesaid.
Company to Enacted, That the said Company shall, at their own
erectncwtülU , , , -i r i -,
bouse, &c. expence, erect and hmld on or at the side oi the said new road a
toll-house, of such materials and in all respects according to such
plans and designs, and in such place as shall be specified in writ¬
ing, or by drawings, and required or ajiproved of by the said
general surveyor, and shall also set up and erect such and so
many turnpike gates and bars, and shall sink such and so many
w ells for raising water, and shall set up such and so many pumps,
and shall make and lay down such and so many drains, gratings
and paved water channels in such places respectively on or at the
side of the said new road, and make and do all such other works
matters and things necessary or usual for the puiq)0ses of such
turnpike roads as may he rendered necessary by the proposed
diversion and alterations in the level of the said road, and as may
he required in writing by the said general surveyor.
And be it Enacted, That no part of the said present road at or
near the said Westbourne turnpike gate, lying between the points
of deviation hereinbefore mentioned, shall be disturbed or broken
up, and that no interruption impediment or obstruction whatever
to the free passageway and thoroughfare of the public over the
same shall be made or caused until the said general surveyor
shall have certified in writing that the said new road and all
other works matters and things to be made and done by the said
Company in relation thereto, as hereinbefore mentioned, have been
in all respects completed and finished, so far as the same can be
completed at the points of junction with the present road, until the
diversion of the same shall have been effected.
Company to And be it Enacted, Tliat at all times hereafter whenever there
bankment for s^all he any fall slip or subsiding of the said embankment or slopes,
carrying new or any part or parts thereof respectively, or wdienever it shall in
the judgment of the general surveyor of the said metropolis turn¬
pike
Present road
not to be
broken up
until new
load made.
( ííi )
pike roads for the time being be necessary to repair or paint the
said railings, fences, gates, doorways, stiles and posts, or to repair
the said carriageways steps and footpaths by the side of the said
new road, or on the said embankment or slopes, or any of them
respectively, the said Company shall at all times, at their own
expence, and to the satisfaction of the said general surveyor, repair
make good and restore in the manner hereinbefore mentioned the
said embankment and slopes, and do all such repairs and painting
as shall be required by the said general surveyor within forty-eight
hours after notice in writing from the said general surveyor shall
have been given to the secretary of the said Company, or left at
his office, or at any office of the said Company ; and that at all
times hereafter whenever the said Company shall neglect to repair
make good and restore as aforesaid the said embankment and
slopes, or to do the repairs and painting aforesaid, or shall not do
the same respectively to the satisfaction of the said general sur¬
veyor within forty-eight hours after such notice being given or left
as aforesaid, it shall be lawful for the said general surveyor to
cause the said embankment and slopes to be repaired made good
and restored as aforesaid, and such repairs and painting to be done,
and all costs and expences of such repairs making good and resto¬
ration, and of such repairs and painting respectively, shall be paid
by the said Company, on demand thereof made of their secretary,
or in default of payment for Twenty-one days after such demand,
may be recovered by the commissioners of the said Metropolis
turnpike roads, or their chief clerk for the time being, from the said
Company, with fuU costs of suit, by action of debt or on the case,
in any of Her Majesty's Courts of Record at Westminster.
Provided always, and be it further Enacted, That nothing in Power for
this Act contained shall prevent or hinder the respective owners of
the lands adjoining to the said proposed new turnpike road from joining the
substituting at any time or times hereafter, under the inspection sutedtutc re-
and to the approbation of the general surveyor for the time being taining walls
of the said metropolis turnpike roads, sufficient retaining walls or embank-
buildings in the place of the embankments and slopes on the ™®nts,
outer edge of the footpaths of the said road, and upon completion
of such retaining walls or buildings to such approbation as afore¬
said, from removing the railings and fences at the outer edge of the
said footpaths, if the same shall become unnecessary by reason of
11. F such
( 22 )
such walls or buildings^ and thereafter from having access to the
said proposed new road from any buildings to be erected conti¬
guous to the same, or until the said buildings or retaining walls
shall be made, from using or cultivating the said embankments and
slopes on the outer sides of the said railings, doing no injury
thereby to the said proposed new road, or the fences, railings, em¬
bankments or slopes thereof ; and that nothing herein contained
shall be construed to extend to divest the said proprietors of the
ownership of the said ground on the outer sides of the said rail¬
ings or fences.
Company to
pay the in¬
creased cost
of repairing
new road for
three years
after its for¬
mation.
AND whereas the expence of maintaining and repairing the said
new road will be for several years greater than the expence of repairing
the present good and solid road ; BE it further Enacted, That the said
Company shall for Three years from the time when the said general
surveyor shall certify, in manner hereinbefore nientioned, that the
said new road has been completed and finished, yearly and for each
year pay to the said Commissioners of the Metropolis turnpike
roads, or to their chief clerk, such sum of money as the said general
surveyor shall estimate to be the additional expenee of repairing and
maintaining the said new road in each of the said three years re¬
spectively, upon demand thereof as aforesaid, and that in default
of payment of ' such sum of money for each or any of such Three
years respectively for Tkventy-one days after such demand, the same
may be recovered by the said Commissioners in manner herein¬
before mentioned.
Power to And be it further Enacted, That it shall be lawful for the said
ulXss'roads Company, by and with the consent in writing of any Thvo or more
Justices of the Peace acting for the district where the same shall be
situate, to stop up, use, enclose and alter such roads, streets, footpaths,
squares, courts, alleys, yards, ways, passages and other places, or so
much and such parts thereof as may be required for the purposes of
this Act, or which may in consequence of the works hereby authorized
become useless or lead only to lands or buildings which may be conve¬
niently approached by some other road, street, footpath, court, alley,
way, passage or place, and the ground or soil of such roads, streets, foot¬
paths, squares, courts, alleys, yards, ways, passages and places, or such
parts of the same as shall be so stopped up, shall be and are hereby
' vested in the said Company for the purposes of this Act, where
11. the
( 23 )
the same shall be required for the purposes thereof, or other¬
wise shall become the property of the owners of the lands
adjoining on each side of the said roads, streets, footpaths,
squares, courts, alleys, yards, ways, passages and other places
so to be stopped up, in equal moieties : Provided always, that
any decision of Justices in respect to the stopping up of any
roads, streets, footpaths, squares, courts, alleys, yards, ways,
passages and other places, shall be subject to appeal in like
manner as other decisions of Justices are rendered subject to
appeal under the provisions of the said recited Act of the Fifth
and Sixth William the Fourth: Provided also, that no
such power shall extend to interfere with or stop any road
which may be under the control or management of the com¬
missioners of the Metropolis roads without the consent in
writing of the surveyor-general of the. said roads for the time
beino-.
O.
Provided always, and be it further Enacted, That nothing Proviso as to
herein contained shall authorize or empower the said Company
to purchase or take any of that part of the land of Wormwood
Scrubs in the parish of Hammersmith, lying to the south of a
certain line drawn upon a plan which has been signed by
Lieutenant-General Sir Willoughby Gordon, baronet, g.c.b,,
Quartermaster-General of Her Majesty's forces, and by Isambard
Kingdom Brunei, esquire, the engineer for the said Great
Western Railway Company, or to construct thereon the said
Railway or any of the Works connected thereM'itb, without
the consent in writing of the Quartermaster-General for the time
being.
Provided always, and be it further Enacted, That nothing Houggg
herein contained shall authorize the said Company or any other gardens, &c.
person acting; under their authority to take iniure or damage, for" "ojtoReused
• •• • unless mGn"*
the purposes of this Act, any house or other building which was tioned in
erected on or before the Thirtieth day of November One thousand Schedule,
eight hundred and thirty-six, or any ground which was then set
apart and used as a garden, orchard, yard, park, paddock, plan¬
tation, planted walk or avenue to a house, or any ground then
inclosed and planted as an ornament or shelter to a house, oras
a nursery for trees other than such as are specified in the Schedule
to this Act annexed, without the consent in writing of the owner
or occupier thereof respectively, unless the omission thereof in
such Schedule shall have proceeded from mistake or inadvert¬
ence, and unless it shall be certified in the manner hereinbefore
provide d
í 24 )
prpv'uleçl for in cases of urñnténtional errors in the said book of
reference.
M Tallowed whereas the said Company will incur a great addi-
TbTtarJn tional expence in extending the said Railway to Paddington, as
by the Com-hereinbefore authorized ; BE it therefore further Enacted, That
use^fThT it shall be lawful for the said Company to demand receive and
Hallway. recover, to and for the use and benefit of the said Company,
for the tonnage of all articles matters and things which shall be
conveyed upon or along the said extended line of Railway, or
any part thereof, in lieu of the rates or tolls authorized to be
demanded by the said first-recited Act, any Rates or Tolls not
exceeding the following ; (that is to say),
FOR all dung, compost and all sorts of manure, lime and lime¬
stone, and salt, and all undressed materials for the repair of
public roads or highways, the sum of Sixpence per ton :
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 Nine pence per ton :
For all sugar, grain, corn, flour, dyewoods, earthenware,
timber, staves and deals, metals (except iron), nails, anvils,
vices and chains, the sum of One shilling per ton ;
For all cotton and other wools, hides, drugs, manufactured goods
and all other wares, merchandize, articles, matters or things,
the sum of One shilling and sixpence per ton.
Tollsallowed And be it further Enacted, That it shall be lawful for the
to be taken gtdd Company to demand receive and recover, to and for the use
p^y benefit of the said Company, for or in respect of passengers,
carriages beasts, cattle and animals conveyed in carriages upon the said
conveying^^^ extended line of-Railway or any part thereof, in lieu of the tolls
cattle"upon authorized to be demanded by the said first-recited Act, any
the Railway. Tolls not exceeding the following ; (that is to say),
FOR every person conveyed in or upon any such carriage, the
sum of One shilling :
For every horse, mule, ass or other beast of draught or burden,
and for every ox, cow, bull or neat cattle, conveyed in or
upon any such carriage, the sum of Nine pence :
11. For
C ââ )
For every calf, pig, sheep, lamb or other small animal conveyed
in or upon any such carriage, the sum of Sixpence ' •
For every carriage of whatever description, not being a carriage
adapted and used for travelling on a railway, and not weighing
more than One ton, carried or conveyed on a truck or platform,
the sum of Jwo shillings :
For every article matter or thing, being less than a Ton, and
exceeding One hundred weight, carried in or upon any such
carriage for any distance upon the said Railway, the sum of
Sixpence per Hundred weight, and so on in proportion for any
fractional part thereof.
And be it further Enacted, That it shall be lawful for the said Company
Company, and they are hereby authorised if they shall think authorized to
proper, to use and employ locomotive engines or other moving
power, and in carriages or waggons drawn or propelled thereby «attlemd
to convey upon the said extended line of Railway, and also for ^
along and upon any other railway communicating therewith, all the same,
such passengers cattle and other animals, goods wares and mer¬
chandize, 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 extended line of
Railway as carriers, to charge for the conveyance of any pas¬
senger upon the said extended Railway any greater sum than
the sum of Two shillings for any distance thereon, including the
toll or rate hereinbefore granted.
And be it further Enacted, That it shall be lawful for the
said Company from time to time and at all times hereafter, paid to Com¬
te demand receive and recover a reasonable charge for the P^nyf«
loading and unloading or weighing any articles matters or ^
things which they may be required to load unload or weigh,
and also to demand receive and recover for the wharfage or
warehousing, or the standing room of all articles matters and
things, loaded landed or placed in or upon any of the wharfs,
landing-places, stations or warehouses of the said Company,
the rates tolls or duties following ; (that is to say,j
11.
G
FOR
( 26 )
FOR every ton of coak, culrp, Hrnej limestone and other minerals,
timber, stone, clay, bricks, tiles, slates, goods, merchandize or
other things which shall be landed loaded or placed in or upon
the said wharfs, landing-places, stations or warehouses, or any of
them, and shall continue thereupon or therein for a longer
space of time than Three hours and not exceeding Twenty-four
hours, any sum not exceeding One penny per ton, and so in
proportion for any less quantity than a ton ; and in ease the
said last-mentioned articles or any of them shall be left and
remain in and upon any of the wharfs, landing-places, stations
or warehouses belonging to the said Company over and above
or beyond tiie said space of Twenty-four hours, then tíie owner
or owners of such articles shall pay to the said Company the
further sum of Three-pence per ton for the wharfage or
standing room, and One shilling per ton for the warehousing
thereof for the next or succeeding week, and the like sum of
One shilling respectively per ton for every further or subse¬
quent week such article shall remain upon or in the said wharfs,
landing-places, stations or warehouses after the expiration of the
said first-mentioned week, and so after that proportion for any
greater or less period than a week ; and it shall he lawful for the
said Company to ask, demand, receive and take for the use of
any cranes erected or made in pursuance of or under the authority
of this Act, before the same shall be used, such sum or sums of
money as the said Company may from time to time order or direct,
not exceeding for any weight to be raised at one single lift of the
crane, being less than Two tons, the sum of Sixpence per ton; for
any weight to he raised at one single lift of Two tons and less than
Three tons, the sum of One sliilling per ton; for any weight to he
raised at one single lift of Three tons and less than Four tons,
the sum of One shilling and Sixpence per ton ; and so progres¬
sively advancing Sixpence per ton on each additional weight of
one ton, to be raised at one single lift of the crane, and so in
proportion.
Provided always, and be it further Enacted, That if the owner
or owners of any chattels, goods, commodities, wares, merchandize,
articles, matters or things shall permit the same to remain in or
upon the wharfs or warehouses belongiug to the said Company
beyond the space of Fourteen days, and shall neglect or refuse to
■ 11. remove
( î7 )
remove the same and every part thereof after Twenty-four
hours' notice to do so, such owner or owners shall forfeit and
pay to the said Company for each and every day any such
chattels, goods, commodities, wares, merchandize, articles,
matters or things shall be permitted to remain after the expi¬
ration of such notice, any sum not exceeding Two shillings and
sixpence per ton.
And he it further Enacted, That the several rules and regu- Reguktioni
lations contained in a certain Act passed in the Fourteenth year
of the Reign of His Majesty King George the Third, inti- extend to
tuled, " An Act for the further and better regulation of Build- buildings
ings and Party Walls, and for the more effectually preventing
mischief by Fife within the Cities of London and Westminster Western
and the Liberties thereof, and other the Parishes, Precincts and
places within the weekly Bills of Mortality, the parishes of Saint
Mary-le-Bone, Paddington, Saint Paneras and Saint Luke's at
Chelsea, in the county of Middlesex, and for indemnifying,
under certain conditions, Builders and other persons against the
penalties to which they are or may be liable for erecting Build¬
ings within the limits aforesaid contrary to law," shall not extend
or be construed to extend to any buildings for the purposes
of the said Railway which may be erected by the said Com¬
pany by virtue of the said recited Acts, or either of them, or of
this Act ; Provided always, that no such exemption shall apply
to any dwelling-house which shall or may be erected on the land
.which may be held by the said Company.
AND whereas for the purposes of this Act it is intended and As to Eoads
has been agreed to alter and divert the course of certain roads
in the parish of Acton, and it is expedient that the said Com¬
pany should have power to appropriate for the purposes of the
said Railway so much of the soil of the said roads so to be
diverted, and of the waste lands adjoining between the fences on
either side thereof, as may lie in the line of and to the south oí
the said Railway, and be rendered useless by reason of the said
diversion, upon making such compensation to the parties inte¬
rested therein as may he agreed on respecting the same, and
that the roads to be substituted for the said roads so to be
diverted should be of equal width, and with an equal quantity
of waste lands adjoining the same as the said roads so to be
diverted, and the waste lands adjoining thereto as aforesaid ; BE
it therefore Enacted, That the said Company shall, and they
are
C 28 )
are hereby required before they take possession of any part of
the roads so intended to be diverted, to set out another good
and sufficient road or other good and suffieient roads of equal
width therewith, and according to plans thereof, agreed on
between the said Company and the parishioners of the said
parish, and deposited with the vestry clerk of the said parish,
signed by the rector thereof and the engineer of the said Com¬
pany, and shall purchase and set out a space of land of equal
extent with the waste land on the sides of one of the said roads
so to be diverted, being to the south of the said Railway, and
lying between the fences thereof] and the said new road or
roads, and the lands so to be set out shall be thenceforth sub¬
ject to the same rights and customs, as the roads so to be
diverted, and the waste land on either side thereof as aforesaid
are now or were subject to before the same were diverted ; and
when and so soon as the said substituted road or roads shall
have been made, and such %faste land as aforesaid set out and
appropriated as aforesaid, the said Company shall be entitled to
the soil of the said original roads, and the waste lands on either
side thereof as aforemd, being in the line of and to the south
of the said Railway, and shall and may hold the same for the
purposes of this Act, freed from all rights or privileges affecting
the same ; and the said Company shall, and they are hereby
required to make and maintain a Bridge, with proper approaches
thereto over the Railway so to be made as aforesaid, and leading
from Acton towards Lower Place, and also to East Acton
in the said parish of Acton, of such dimensions and at such
spot as is defined on the said plan before referred to as deposited
with the vestry clerk of the said parish of Acton, and signed by
the rector of the said parish and the engineer of the said; Com¬
pany ; also to make and maintoin another-Bridge over the Rail¬
way for the road leading to Friars Place in the said parish, and
two other Occupation Bridges on the land called Old Oak Comr
man in the said parish, for the accommodation of the owners and
occupiers of the lands on either side of the said Railway,all of such
Bridges being made according to the said plans so deposited as
aforesaid with the vestry clerk of the said parish of Acton.
AND whereas by the said recited . Act of the Sixth year of the
reign of His late Majesty King William: the Fourth, it is enacted,
that the person or corporation for the time being in the possession
or in the receipt of the rents and profits of any lands should for the
purposes ofthatand the said first recited Act be enabled to contract
for
Bepe^ng
claase
" persons in
possession
empowered
to convey."
( m )
for seU and conv^ the same to the said Company, and to a^ee for the
ammmt of any compensation for any damage loss or inconvenience to
he sustained by reason of the execution of that or the said first recited
Act; and that evra-y contract, sale, conveyance or a^ement there¬
after made with or to the said Company, by any such person or cor¬
poration, should be valid and effectual ; and that in every case in
which the amount of the price of any lands, or of any compen¬
sation should be paid into the Bank of England, in the name and
with the privity of the Accountant-general of the Court of Ex-
chequ®, to be placed to his account to the credit of the ^ties
interested in the said lands, in manner provided by the said last
redted Act, such payment, and every contract or agreement in
pursuance whereof it was made, should be good to all intents and
purposes, and the said Company should not be bound to see to the
application thereof, provided Üiat such agreement were made honâ
fide, and without any fraud or collusion between the said Company
and the party contracting : BE it Enacted, That the said recited
provision shall be, and the same is h®ehy repealed, and . the said
recited Acts shall be deemed construed and taken, and aU contracts,
sales, conveyances and agreements and payments of purchase and
compensation money under and by virtue of the said recited Acts,
or either of them, after the passing of this Act, shall have such
and the same effect as if the said recited provision had not formed
part of or been msert«d in the said last recited Act.
. And he it further Enacted, That all the costs charges and expences
of obtaining and pasring titós Act, and of making the survey plans
and estimates, and all other costs charges and expences in any way
incident thereto, shall be paid and defrayed by the said Company
out of the money already raised and received, or out of the first
money to be raised or received by virtue of the said first recited
Act, in preference to any other payment whatsoever.
For defray iñg
the esspetices
of this Act.
Provided always, and be it further Declared and Enacted, That
nothing in this Act contained shall extend or he deemed or construed
to extmd to prqudice, ^minish, 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 tlie rights powers and authorities vested in them
11. II shall
Saving
clause to
guard the
powers of the
Comraifsion-
ers of Sewers
tif
( 30 )
shall be as good valid and effectual as if this Act had not been
passed.
Act declared further Enacted, That this Act shall be deemed and
Public. taken to be a PubHc Act, and shall he judidaUy takm notít» of as
such by all Judges, Justices and others.
The SCHEDULE
( 31 )
The SCHEDULE to which the foregoing ACT refera.
COUKTY OF MIDDLESEX.
Parish of Acton.
DESCRIPTIOir
of
PROPERTY.
House, outbuildings,
yard, gardens and
premises.
Two cottages and
gardens.
Planted walk or car¬
riage road.
House, outbuildings,
yard, garden and
paddock.
Paddock
Garden -
House, outbuildings,
grounds and paddock.
Paddock - - -
Meadow, yard and
shed.
House, outbuildings,
paddock and gronnds.
Public-house, stables,
sheds and garden.
Garden and sheds
Cottage -
Ditto -
Slieds and yards
Cottage and garden
Ditto
Ditto - - .
Brick ground -
Private road
Wharf and stabling -
House, timber-yard
and wharf.
Cottage, shed and
brick-ground.
Wooden foot-bridge
and road, and Bishop's
footpath.
OWNER
01
REPUTED OWNER.
■ LESSEE
Ol
REPUTED LESSEE.
Misses Tubbs
Ditto - - -
Major Handy Church
Parish of Hammersmith.
Trustees of Mr. and Mrs.
Grinñeld.
Ditto
liobert Dickson
Ditto -
Parish <f Paddington.
E. A. Busby - - -
John Cockerell
Parishioners -
- - Bishop of London and
the trustees of the Padding¬
ton estate.
John Cockerell
John Scales
- - Bishop of London and
the trustees of the Pad¬
dington estate.
John Scales -
Ditto - - - -
Ditto - - - -
- Bishop of London and
trustees of the Paddington
estate.
Ditto - - - -
Ditto - - - -
Ditto - - - -
Ditto.
- - Grand Junction Canal
Company.
Ditto - - - -
- - Grand Junction Canal
Company.
- - Ditto, or surveyor of
highways.
John Cockerel]
John Cockerell -
Edward Minton
Ditto
E. Keene -
Eichd. Middleion
H. Miles
■■ « «>
Thomas France
0CCÜPIKR.
John Whippey.
James Massey.
In hand.
Thomas Ireland.
Ditto.
Lord Hill.
Ditto.
Ditto.
James Darke.
John Cockerell.
Edward Mintoji,
Ditto.
John Hall.
- - Mrs. Taylor
and Mrs. Myers.
Edward Minton
- Element Keene
and J. Morris.
- Einhard Mid¬
dleion and Tbos".
Hobsun.
H. Miles.
Geo. Stapleton^
In hand.
Thomas France.
Geo. Sinpleton.
GREAT WESTERN RAILWAY.
AN
ACT
To enable the Great Western Railway Com¬
pany to extend the Line of such Railway^
and for other Purposes relating thereto.
[royai. assekt, 3 Jul^ 1837.]
1 Victoria.
S ess. 1837.
Swain, Stevens Co. London,! ^ .
OsOvrnes <§• IFui-d, Bristol, j^ohcttors.
-Burke Venables,
44. Parliament-street,
Parliameniary Agents.