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ANNO SEPTIMO & OCTAVO

GEORGII IV. REGIS.

*****************************************************

Cap. ii.

An Act to enable the Company of Proprietors of the Birmingham and Liverpool Junction Canal Navigation to alter the Line of the said Navigation, and to make certain Branches therefrom, in the Counties of Stafford and Salop.

[21st March 1827*]

~\~W XHEREAS an Act was passed in the Seventh Year of the %/m/ Reign of His present Majesty, intituled An Act for making ₇ Gf ₄ c> 95.

Chester

J J a Navigable Canal from the Staffordshire and Worcestershire Canal, in the Parish of Tettenhall in the County of Stafford, to the United Navigation of the Ellesmere and Chester Canals, in the Parish of Acton in the County Palatine of Chester, whereby several Persons are united, and are created One Body Politic and Corporate, by the Name and Style of “ The Company of Proprietors of the Birmingham and Liverpool Junction Canal Navigation,” for the Purpose of making such Canal and the several Works necessary for carrying the said Act into Execution: And whereas by the said recited Act the said Navigable Canal is authorized and directed to be made or carried in the Line or Direction described and delineated upon a certain Map or Plan of such Canal, deposited in the Offices of the Clerks of the Peace for the Counties ot Stafford, Salop, and [Local.]

Chester respectively, as in the said Act mentioned : And whereas it hath been ascertained that the Line of the said Canal, by such Act authorized and directed to be made, might be materially improved f.. by the Adoption of the Deviations or Alterations herein-after mentioned and described, and it is therefore expedient that such Deviations or Alterations should be adopted, and that such Part or Parts of the said Line of Canal as will be rendered useless or unnecessary by the making such Deviations or Alterations should be abandoned : And whereas it would be of public Advantage if a Branch Cut or Canal were made from and out of the said Main Canal in the Parish of Norbury in the said County of Stafford, to commence at or near to a certain Close in the Occupation of Richard Barnett, and to extend thence to and into the Shrewsbury Canal Navigation at or near to Wappingshall Bridge, in the Parish of Wellington in the said County of Salop, (so as to form a Communication between the said Two herein-before mentioned Canal Navigations,) together with a Cut or Canal from and out of the said Branch Cut or Canal, at or near to a certain Place in the Parish of Edgmond, in the said County of Salop, called The Buttery, to a certain Field within the same Parish in the Occupation of John Masffeld, adjoining the Road leading from Kinnersley, in the said County of Salop, to Edgmond aforesaid : And whereas it is expedient that some of the Powers and Provisions contained in the said recited Act should be repealed or altered, amended, extended, enlarged, and explained, and that further and more effectual Powers and Provisions should be granted and made: And whereas the several Purposes herein-before mentioned cannot be carried into Execution without the Aid and Authority of Parliament : May it therefore please Your Majesty that it may be enacted; and be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Powers and Authority of the same, That the said recited Act, and all and every

ments, Remedies, Matters, and Things therein contained, shall (so far as the same are applicable to this Act, and as are not hereby repealed, varied, altered, or otherwise provided for,) be as good, valid, and effectual for carrying this Act into Execution as if the same had been repeated and re-enacted in this Act.

Provisions of the Powers and Provisions, Exemptions, Penalties, Forfeitures, Pay-recited Act extended to this Act.

II. And be it further enacted, That it shall be lawful for the said Company of Proprietors of the Birmingham and Liverpool Junc-

Deviations,

&c. from the

be made.

said Main

fheCanahnay ti°n Canal Navigation, and they are hereby authorized and empowered, by themselves, their Deputies, Agents, Servants, Officers, and Workmen, to make the several Deviations or Alterations from the Main Line of the said Canal Navigation which are herein-after described; that is to say, One of the said Alterations to be made from a certain Field in the Parish of Norbury in the said County of Stafford, in the Occupation of John Norris, thence in a direct Line to a certain other Field in the said Parish of Norbury, in the Occupation of Ralph Stringer, marked res Five in Norbury Parish aforesaid, on the Plan of Canal, which, pursuant to the Directions of the said recited Act,

have

have been deposited in the Offices of the Clerks of the Peace for the Counties of Stafford, Salop, and Chester respectively ; one other of the said Alterations to be made from a certain Field or Wood in the Parish of Norhury aforesaid, in the Occupation of the Right Honourable Thomas William Viscount Anson, thence in a direct Line to a certain Field in the Parish of Gnosall in the said County of Stafford, in the Occupation of David Machin, marked respectively on the said Plans Number Three in Norhury Parish, and Number Forty-three in Gnosall Parish; and one other of the said Alterations to be made from a certain other Field in the said Parish of Gnosall, in the Occupation of William Wilder, thence in a direct Line to a certain other Field in the said Parish of Gnosall, in the Occupation of Benjamin Madeley, marked respectively on the said Plans Numbers Thirty-seven and Twenty-five in Gnosall Parish ; and to abandon such Part or Parts of the said Main Line of Canal within the Parishes of Norhury and Gnosall aforesaid, as by reason of the Deviations or Alterations aforesaid will be rendered useless and unnecessary; and all the Powers, Authorities, and Privileges by the said recited Act given to or conferred upon the said Company for making and maintaining such last-mentioned Part or Parts of the said Main Line of Canal, shall from and immediately after the making of the Diversions or Alterations herein-before mentioned cease and determine.

or Branches may be made.

III. And be it further enacted, That it shall be lawful for the New Cuts said Company, and they are hereby authorized and empowered, to make and maintain a new and additional Branch Canal or Cut from and out of the said Main Line of Canal, at or near to a certain Close in the Parish of Norhury aforesaid, belonging to the Right Honourable Thomas William Viscount Anson, and now in the Occupation of Richard Barnett, to and into the Shrewsbury Canal Navigation, at or near to Wappingshall Bridge in the Parish of Wellington aforesaid ; and also one other new and additional Cut or Canal, commencing from the Line of the said last-mentioned Branch Canal, at or near to a certain Place called The Buttery, in the Parish of Edgmond aforesaid, and terminating in a certain Field in the said Parish, in the Occupation of John Masefield, adjoining the Road leading from Kinnersley to Edgmond aforesaid ; and also to make, construct, execute, do, perform, and maintain all such Works,

Matters, and Things as shall be requisite or expedient for making and maintaining the said Deviations or Alterations, Canals or Cuts, in manner by this Act directed, and according and subject to the Provisions and Restrictions contained in the said recited Act and this Act.

the

IV. And whereas a Map or Plan describing the Lines of the said Maps or Plans intended Deviations or Alterations, and the Lands in and through of Deviations which the same respectively are intended to be made or carried, jVhei^n together with a Book of Reference thereto, containing a List of the clerks of the Names of the Owners or reputed Owners, and of the Occupiers of Peace, and such Lands, hath been deposited in the Office of the Clerk of the open to Peace for the said County of Stafford, and Maps or Plans describing nsPectlon-

the Lines of the said new or additional Canals or Cuts, and the Lands in, through, or over which the same respectively are to be made or carried, together with Books of Reference to such Maps or Plans, containing Lists of the Names of the Owners or reputed Owners, and of the Occupiers of such Lands, have been deposited in the Offices of the Clerks of the Peace for the said County of Stafford and for the said County of Salop respectively; be it therefore further enacted, That the said several Maps or Plans and Books of Reference shall remain in the Custody of the said respective Clerks of the Peace with whom they have been so deposited as aforesaid, to the end that all Persons may at all seasonable Times have liberty to inspect the same, and to take Copies thereof or Extracts therefrom at their Pleasure, paying to the respective Clerks of the Peace the Sum of One Shilling for every such Inspection, and after the Rate of Sixpence for every One hundred Words of such Copies of or Extracts from the same ; and the said Company of Proprietors, in making the said intended Deviations or Alterations, and in making the said new additional Canals or Cuts and other Works in this Act mentioned, shall not deviate more than One hundred Yards from the Course or Direction delineated on the said Maps or Plans respectively, or in such Manner as to extend into the Lands or Grounds of any Person or Persons not mentioned in the said Books of Reference respectively.

Deviation from Map limited.

Company

V. And be it further enacted, That the said Company shall and may make the may mafce the said Deviations or Alterations, Canals or Cuts, and notwkhsmnd- °^ier Works by this Act authorized, into, through, and over ing Omissions the Lands and Grounds of any Person or Persons, Body or Bodies in Books of Politic, Corporate, or Collegiate, if it shall appear, to the Satisfac-Reference.    tion of any Two or more Justices of the Peace for the County

within which such Lands or Grounds may be (and be by them certified in Writing under their Hands), that the Name or Names, Title or Titles, Designation or Designations of such Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, shall have been by Mistake omitted in the said Books of Reference, or either of them, or that instead thereof the Name or Names, Title or Titles, Designation or Designations of some other Person or Persons, Body or Bodies Politic, Corporate, or Collegiate, to whom such Land or Ground doth not belong, shall have been by Mistake inserted therein; any thing herein contained to the contrary thereof in anywise notwithstanding.

Houses, &c. not to be injured.

VI. Provided always, and be it further enacted, That nothing in this Act contained shall authorize or empower the said Company, or any Person or Persons acting by or under their Authority, to take, use, injure, or damage, for the Purposes of this Act, any House or other Building, or any Ground which, on or before the First Day of October One thousand eight hundred and twenty-six, formed the Site of any House or other Building, or any Land or Ground which at that Period was set apart and used as and for a Garden, Orchard, Yard, Park, Paddock, Plantation, planted Walk, or Avenue to a House, without the Consent in Writing of the Owners

and

7° & 8° GEORGII IV. C^.u.

and Occupiers thereof) and Persons interested therein,, respectively, other than and except such as are specified and set forth in the Schedule to this Act annexed.

VII. And be it further enacted, That the Line of the Canal or The specified Cut hereby authorized to be made on the Estate of, or to which ^ine J^ss^ns Sir Thomas Fletcher Fenton Boughey Baronet is now seised or enti- Estate of Sir tied, shall not be varied from the Line specified in the said Maps T. F. Fenton or Plans so deposited in the Offices of the respective Clerks of the Boughey, Peace, without the Consent in Writing of the said Sir Thomas Jar!:• Fletcher Fenton Boughey, or of the Owner or Owners for the Time from being of the said Estate, or of his, her, or their Guardian or Guardians respectively: Provided always, that it shall not be lawful for the said Company in any Case to deviate from the Line so specified in the said Maps or Plans as aforesaid, to a greater Distance than One hundred Yards.

VIII. And be it further enacted, That nothing in this Act con- TheLake,&c. tained shall extend or be construed to extend to authorize or em- x^Fen power the said Company of Proprietors, their Successors or Assigns, t0„ ^0lI‘ghey" to take, alter, divert, or make use of the Mere or Lake, and Pools not to be of Water called Aqualate Mere, Wyn’s Well Pool, and the Moss injured. Pool, or the Streams of Water supplying and passing through the same respectively, on the said Estate of the said Sir Thomas Fletcher Fenton Boughey, or to make any Sluice, Weir, or other Fall or Place for the Discharge of Water from the said Canal or Cut in the Lands now of the said Sir Thomas Fletcher Fenton Boughey, or to make any Towing Path in any of the said Lands of the said Sir Thomas Fletcher F'enton Boughey on that Side of the said Canal or Cut whereon the said Mere or Lake called Aqualate Mere is situate, or to make, build, erect, or set up on any of the said Lands of the said Sir Thomas Fletcher Fenton Boughey, any Lock,

Wharf, Quay, Dock, Landing Place, House, Engine, Machine,

Warehouse, Building, or other Work, except such as are specified in the Section Plans deposited with the said Clerks of the Peace, or to make any Ways or Hoads on or through the said Lands of the said Sir Thomas Fletcher Fenton Boughey, leading to or from the said Canal or Cut, or to get, dig, or carry away any Stone or Clay for making Bricks from the said Lands of the said Sir Thomas Fletcher Fenton Boughey, other than the Lands to be taken and used for the Line of the said Canal or Cut, without the Consent in Writing of the said Sir Thomas Fletcher Fenton Boughey, or of the Owner or Owners for the Time being of the said Lands, for that Purpose first had and obtained.

sent;

IX. And be it further enacted, That the said Company of Pro- Company prietors shall not at any Time or Times hereafter plant any Trees, not to Plant Shrubs, or Underwood on the Sides or Embankments of the said g£es Canal or Cut in or adjoining to the said Lands of the said Sir Qf the Canal Thomas Fletcher Fenton Boughey, without the Consent in Writing in the Estate of the said Sir Thomas Fletcher Fenton Boughey, or of the Owner or Sf ®ir T*F* Owners for the Time being of such adjoining Lands, first had and w*jthoufcon-[Local.]    E    obtained $

but the Owner of the Land may do so.

wood within Four Feet of the said Top-water Level; and in case any such Trees shall grow to a greater Height than Twelve Feet above the said Top-water Level, it shall be lawful for the said Company to lop or top the said Tree or Trees, so as to keep the same within the Height prescribed as aforesaid ; and the said Company shall from Time to Time keep the said Sides and Embankments properly fenced and inclosed, and shall not permit or suffer any Sheep or Cattle to enter into or upon the same, or in any manner damage or injure the said Trees, Shrubs, or Underwood.

obtained; and that in case any such Trees, Shrubs, or Underwood shall be planted without such Consent as aforesaid, it shall and may be lawful to and for the said Sir Thomas Fletcher Fenton Boughey, or such Owner or Owners for the Time being as aforesaid, to cut down, carry away, sell, and dispose of such Trees, Shrubs, or Underwood, for his or their own Benefit, without being guilty of any Trespass, or liable to any Action or Prosecution for so doing $ but it shall and may be lawful for the said Sir Thomas Fletcher Fenton Boughey, and the Owner or Owners for the Time being of the Lands now belonging to him the said Sir Thomas Fletcher Fenton Boughey, to plant any Trees, Shrubs, or Underwood on the Sides and Embankments of the said Canal or Cut which shall be in, upon, or next adjoining to any of the said Lands, and from Time to Time to fall, cut, lop, top, carry away, sell, and dispose of any such Trees, Shrubs, and Underwood for his and their own Use and No Trees to Benefit, and to replant the said Sides and Embankments : Provided within^ertain a^ways> that no Trees shall be planted within Twelve Feet of the Distances of Top-water Level of the said Canal or Cut, and no Shrubs or Under-the Canal.

X. And be it further enacted, That the said Sir Thomas Fletcher Fenton Boughey, and the Owner and Owners for the Time being of the said adjoining Lands, shall not be liable to repair or make Com-

No Compensation to be made by Sir

Boughey for pensation for any Damage which may be done to the Banks of the

to be made by them respectively.

00

Damage by said Canal or Cut by reason of the planting lierein-before authorized planting Trees, &c.

A Bridge to XI. And be it further enacted, That the said Company of Probe built by prietors, their Successors or Assigns, shall, at their own Expence, certam^Lands    w^en requested so    to do by the said Sir Thomas Fletcher Fenton

of sir T. F.    Boughey, or the Owner or Owners for the Time being of the Fields

Fenton    or Closes of Land    respectively marked Number Twenty-six and

Boughey.    Number Forty-four    in those Parts of the said Maps or Plans depo

sited in the Offices of the respective Clerks of the Peace as aforesaid which refer to the Parish of Forton, make and erect, and for ever after keep in good and sufficient Repair, a substantial Bridge over the said Canal or Cut, of Brick or Stone, and in such Part of each of the said Fields or Closes of Lands respectively, as shall be pointed out or required by the said Sir Thomas Fletcher Fenton Boughey, or such Owner or Owners as aforesaid, such Bridge to be of the Width of Ten Feet at the least, and sufficient for the Passage of Carts and Carriages.

XII. And whereas a considerable Expence has been incurred on Culvert, &c. the Estate of the said Sir Thomas Fletcher Fenton Boughey, in cutting on Land of Sir and bringing up a Eall or Level for the Purposes of more effec- Boujrhey^not tually draining a certain Tract of Land called the Aqualate Moors, to be injured, and the Lands adjoining thereto, and of preventing Inundations in Times of Floods ; and the said Moors are also intersected by Drains of considerable Depth and Breadth ; be it therefore enacted,

That it shall not be lawful for the said Company of Proprietors, by any Work to be done under the Authority of this Act, to alter, affect, injure, or destroy the said Fall or Level, Drains, or any of the Culverts or other Works belonging thereto or connected therewith, or the Course of the Water therein; and that when the said Canal or Cut authorized to be made by this Act shall be carried over the said Fall or Level, Drains or other Works, the said Company shall make and construct proper and sufficient Culverts, Tunnels, or other Passages for Water under the said Canal, for clearing away the Drainage and Flood Waters, so that the same may not be obstructed in their Course or impounded upon the said Lands; provided that if the said Company shall fail or neglect to make and construct such Culverts, Tunnels, or other Passages for Water as aforesaid, and also from Time to Time to keep and maintain the same in good and sufficient Repair upon being required so to do by the said Sir Thomas Fletcher Fenton Boughey, or the Owner or Owners for the Time being of the said Estate, it shall and may be lawful to and for the said Sir Thomas Fletcher Fenton Boughey, or such Owner or Owners, to make, construct, and repair the same at his or their own Expence, and all the Costs thereof shall be repaid by the said Company to the said Sir Thomas Fletcher Fenton Boughey, or such Owner or Owners as aforesaid, within Two Calendar Months after the same shall have been completed, and an Account thereof shall have been left at any of the Offices of the said Company j and in default of Payment of the said Costs within the Time aforesaid, the said Sir Thomas Fletcher Fenton Boughey, or the Owner or Owners for the Time being of the said Lands, are hereby authorized to levy the same by Distress and Sale of the Goods and Chattels of the said Company, as in and by the said recited Act is prescribed for the Recovery of any other Sums of Money directed to be paid for Damages done by the said Company,

Bart.

XIII. Provided always, and be it further enacted, That the Line protecting of the said Branch Canal on the Estate of Sir Thomas John Tyr- the Estate of whitt Jones of Stanley Hall in the County of Salop, Baronet, situate SirT.J/lyr-at Adney in the Parish of Fdgmond, shall not be varied from Wlltt ones* the Lines specified in the Map or Plan deposited in the Office of the Clerk of the Peace of the said County of Salop, without the Consent in Writing of the said Sir Thomas John Tyrwhitt Jones, his Heirs or Assigns; and it shall be lawful for the Owner for the Time being of the same Estate from Time to Time to plant the Embankments of the said Branch Canal, on the said Estate, with Trees, but not within Twelve Feet under the Top-water Level of the said Branch Canal, and to plant the same with Shrubs, but not within Four Feet of the Top-water Level of the said Branch

Canal

Canal, and to fall, cat, and carry away the Timber and Shrubs growing thereon ; and in case any such Tree or Trees shall grow to a greater Height than Twelve Feet above the said Top-water Level, it shall be lawful for the said Company to lop or top the said Tree or Trees, so as to keep the same within the Height prescribed as aforesaid; and it shall also be lawful for the Owner of the said Estate for the Time being from Time to Time to enter into and upon the said Sides or Banks, for the Purpose of cutting down, topping, lopping, or otherwise managing the said Trees or Shrubs, or carrying away the same, or for the Purpose of planting any other Trees or Shrubs, and the said Company shall from Time to Time keep the said Sides or Banks properly fenced and inclosed, and shall not permit or suffer any Sheep or Cattle to enter into or upon the said Sides or Banks, or in any manner damage or injure the said Trees and Shrubs; and that if for any Purposes connected with the said Branch Canal it shall become necessary to take down any of the said Trees or Shrubs, the said Company shall and will, at their own Expence, plant other Trees and Shrubs in the Room of those taken down : Provided also, that it shall not be lawful for the said Company of Proprietors, or their Successors or Assigns, to make any Towing Path, or other Road or Way, in any of the Lands now belonging to the said Sir Thomas John Tyi'whitt Jones, at Adney aforesaid, except on the South Side of the said Branch Canal : Provided also, that nothing in this Act contained shall extend or be construed to extend to authorize or empower the said Company of Proprietors, their Successors or Assigns, to make any Reservoir in the Lands now belonging to the said Sir Thomas John Tyrwhitt Jones, or to alter, divert, or make use of the Watercourses or Streams of Water flowing through or adjoining the said Land of the said Sir Thomas John Tyrwhitt Jones, or to make any Lock, Wharf, Quay, Dock, Landing Places, House, Warehouse, or other Buildings, or any Engine, Machine, or other Work, or to make any Ways or Roads on or through the Lands of the said Sir Thomas John Tyrwhitt Jones to or from the said Branch Canal, or to dig or carry away any Stone or Clay for making Bricks from any Lands of the said Sir Thomas John Tyrwhitt Jo?ies, (not wanted for the Line of the said Canal,) without the Consent of the said Sir Thomas John Tyrwhitt Jones, his Heirs or Assigns, for that Purpose in Writing first had and obtained : Provided also, that the said Company hereby incorporated, their Successors and Assigns, shall and will, when required so to do by the said Sir Thomas John Tyrwhitt Jones, his Heirs or Assigns, at any Time or Times hereafter, at their own Expence, make, erect, and for ever keep in proper repair, Two Bridges over the said Branch Canal hereby authorized to be made, in such Part of the said Estate of the said Sir Tho?nas John Tyrwhitt Jones situate at Adney aforesaid, and described in that Part of the Plan deposited in the Office of the said Clerk of the Peace which refers to the Parish of JEdgmond, as may be pointed out by the said Sir Thomas John Tyrwhitt Jones, his Heirs or Assigns, or his or their Agent, such Bridges to be of the Width of Ten Feet at the least, and sufficient for the Passage of Carts and Carriages.

XIV. Provided always, and be it further enacted, That it shall Protecting not be lawful for the said Company of Proprietors, their Succes- the Estate of sors or Assigns, to make any Towing Path, or other Road or Way, ^aIPbEeeke, in any of the Lands belonging to Ralph Leeke Esquire, on the bq’

South Side of the said Canal, or to make, erect, or construct any Wharf, Quay, Lockhouse, Warehouse, or other Building thereon, without the Consent in Writing of the said Ralph Leeke, his Heirs or Assigns.

XV.    Provided also, and be it further enacted, That nothing in Protecting this Act contained shall authorize or empower the said Company of ^hornas*6 of Proprietors, their Successors or Assigns, to vary in any manner the Boultbee, Line of the said Canal in Numbers Eight and Ten, as refers to the Esq.

Parish of Newport, from the Plan thereof deposited in the Office

of the Clerk of the Peace for the County of Salop, without the Consent of Thomas Boulthee of Chetwynd in the said County of Salop,

Esquire, his Heirs or Assigns, first had and obtained in Writing for that Purpose.

XVI.    And be it further enacted, That the said Company of Pro- Company not prietors, their Successors or Assigns, shall not divert or take for t0 dl.verTv°r the Use of the said Canal any Water from or out of a certain oTtheStrine Brook or Rivulet called The Strine, commencing at the Springs or Sources of the said Brook or Rivulet, and ending at Number Six in the Plan of the said Canal as refers to the Parish of Newport, nor in any way to obstruct, hinder, or prevent the said Thomas Boulibee, his Heirs or Assigns, from pounding and using the Water of the said Brook or Rivulet, and enjoying the Privilege of irrigating his Meadow Lands in the several Parishes of Newport and Chetwynd, in such Manner as he was accustomed to do before the passing of this Act, without the Consent of the said Thomas Boult-bee, his Heirs or Assigns, first had and obtained in Writing for that Purpose.

XVII. And be it further enacted, That nothing in this Act con- Company not tained shall extend or be construed to extend to authorize or em- to niake any power the said Company of Proprietors, their Successors or Assigns, ^certa'in^⁰* to make any Reservoir, or Road or Way leading to or from the said Lands be-Canal, in or upon any Land now belonging to the said Thomas longing to Boultbee, situate in the Parishes of Newport and Chetwynd aforesaid, T- Boultbee, or either of them, nor to make any Bricks, or dig or carry away Consent¹* °Ut any Clay, Soil, Sand, Gravel, or other Materials, in, from, or out of the same Lands, (except the Clay, Soil, Sand, Gravel, or other Materials found in cutting and constructing the said Canal,) nor to make, build, or set up any Lock, Wharf, Quay, Dock, Landing Place, House, Warehouse, or Erection whatever, on any Lands now belonging to the said Thomas Boultbee, situate between Newport Bridge and Number Six in the aforesaid Plan, as refers to the Parish of Newport, (except Walls for the Purpose of supporting the Banks of the said Canal, Bridges, Culverts, and Embankments,) without the Consent of the said Thomas Boultbee, his Heirs or Assigns, first had and obtained in Writing for that Purpose.

fXoca/.]    F    XVIII. And

Nor any

XVIII. And be it further enacted, That nothing in this Act con-

Towing Path tained shall authorize or empower the said Proprietors, their Suc-Side^ofChnal cessors or Assigns, to make any Towing Path or other Road or Way, in his°Land.a in or upon any Land now belonging to the said Thomas Boultbee, on the North or North-west Side of the said Canal, without the Consent of the said Thomas Boultbee, his Heirs or Assigns, first had and obtained in Writing for that Purpose.

Canal to be cut in a particula Direction through the Land of Thomas Collier, Esq.

XIX. And be it further enacted, That the said Company of Proprietors, their Successors and Assigns, shall cut or construct the said r Canal hereby authorized to be made, in a Meadow belonging to Thomas Juices Collier of Newport aforesaid, Esquire, Number Twenty-one in that Part of the Plan deposited in the Office of the Clerk of the Peace for the County of Salop which refers to the Parish of Newport, in such Manner as to leave no Land between the Tail of the West or North-western Bank of the said Branch Canal and a Plantation or Rookery belonging to the said Thomas Jukes Collier, Number Twenty, and shall also cut and construct the said Branch Canal in and through another Meadow belonging to the said Thomas Jukes Collier, Number Twenty-two in such Part of the Plan aforesaid, in a direct Line from the said Line above prescribed to be adopted by the Side of the said Rookery.

Further Protection to Mr. Collier.

XX. And be it further enacted, That the said Company of Pro-prietors, their Successors or Assigns, shall build, erect, and maintain, in lieu of the present Fence, a good and sufficient Brick Wall between the Towing Path of the said Branch Canal and the West or North-west Side of a Garden, Number Nineteen in such Part of the Plan aforesaid, belonging to the said Thomas Jukes Collier, such Wall to be Ten Feet high and Fourteen Inches thick.

Company

not to erect tained shall extend or be construed to extend to authorize or empower Locks,

Wharfs, &c. on certain

XXI. And be it further enacted, That nothing in this Act con-

Lands of Mr. Collier, without Consent.

Not to take Water from any Brooks not in Plan without Consent.

nor

the said Company of Proprietors, their Successors or Assigns, to make, build, erect, or set up any Lock on the said Number 1 wenty-one, nor any Wharf, Dock, Landing Place, House, Warehouse, Buildings, or Erections whatsoever, (except Bridges, Culverts, Embankments, and Walls to support the Banks of the said Canal,) to make any Ways or Roads leading to or from the said Canal, nor to make Bricks, nor to dig or carry away any Clay, Soil, Sand, Stone, or other Materials from the Lands belonging to the said Thomas Jukes Collier, (except such Clay, Soil, Sand, Stone, and other Materials as shall be found and got in cutting and constructing such Part of the said Branch Canal as runs through the Grounds ofPthe said Thomas Jukes Collier,) without the Consent of the said Thomas Jukes Collier, his Heirs or Assigns, in Writing for that Purpose first had and obtained.

XXII. Provided always, and be it further enacted, That it shall not be lawful for the said Company, or any Person or Persons by or under their Authority, to divert or take for the Use or Supply of the said Canals or Cuts, or other Works by this Act authorized, any

W’ater

Water from or out of any other Brooks, Streams, or Watercourses than such as are laid down or described in the said Maps or Plans and Books of Reference respectively, or to take or divert any Springs, Streams, or Watercourses which now are or which heretofore have been taken for the Use of the Shrewsbury Canal Navigation, or which the Company of Proprietors of the said Shrewsbury Canal Navigation are by Law authorized or empowered to take for the Use of their said Canal.

contracted for within Five Years, Power to cease.

XXIII. Provided also, and be it further enacted, That if the said If Land not Company shall not, within the Space of Five Years, to be computed from the passing of this Act, agree for, or cause to be valued and paid for as in the said recited Act is mentioned, the Houses, Buildings, or other Premises which they are by this Act empowered to purchase (or so much thereof as shall be deemed necessary or proper) for the Purposes of this Act, then and from thenceforth all Powers which are hereby granted to them for such Purpose only shall cease, determine, and be utterly null and void.

XXIV. And be it further enacted, That so much of the said Repealing recited Act as enacts, that it shall not be lawful for the said Company CIau.se of Proprietors, or their Successors or Assigns, to make any Towing in"patL,&c! Path, or other Road or Way, in any of the Lands now belonging to being made

Thomas Cartwright, on the South or South-west Side of the said on certain of

Canal, or to make, erect, or construct any Wharf, Quay, Dockhouse, wri ) , Warehouse, or other Buildings thereon, shall be and the same is Lands, hereby declared to be repealed.

. Mr. Cart-

made on the -east

XXV. And be it further enacted. That it shall not be lawful for Towing the said Company, or their Successors or Assigns, to make any Paths> &c. Landing Place, Towing Path, or other Road or Way, in any of the not lo e Lands now belonging to the said Thomas Cartwright on the North North or North-east Side of the said Canal, or in or upon the Embank- Side of the ment on the North or North-east Side thereof, or to make, erect, Canal on Mr. or construct any Whar£ Quay, Dockyard, Warehouse, or other praJ^rr^lls Building thereon, or to make any Ways or Roads on or through the Lands of the said Thomas Cartwright to or from the said Canal.

Hill Hall

XXVI. And whereas by the said recited Act the Owner for the For protect-Time being of the Hill Hall Estate, in the Parish of High Offley in |npthe Plan" the County of Stafford, is authorized to plant the Embankments to at,onson ie be made thereon with Shrubs and Trees: And whereas such Em- Estate, bankments will be of considerable Extent, and the planting thereof will be attended with great Expence ; and it is necessary that the Owner of the Estate for the Time being shall be empowered to protect the Shrubs and Trees to be planted on the said Embankments from Trespass ; be it enacted, That for the Purpose of preventing and punishing Trespassers, the Owners of the said Estate for the Time being shall, from and after the making of the said Embankments, be deemed, adjudged, and taken, and they are hereby declared to be special Occupants thereof, to the Exclusion of all

Persons

Persons whomsoever, save and except the Agents and Servants of the said Company of Proprietors and their Successors •, and all other Persons, save and except as aforesaid, who shall be found upon the said Embankments after Notice from the Owner or Owners for the Time being of the said Estate not to go or enter thereon, or who shall be found doing any Damage to the Shrubs or Trees to be planted thereon, shall be deemed wilful Trespassers, and as such amenable to the Owner and Owners for the Time being of the said Estate.

Company    XXVII. And whereas there are now open and at work at Lilies-

makeTcut ar|d Dunnington, Wood, on the Estates of the Right Honourable or Railway George Granville Lord Gower, in the said County of Salop, extensive through    Mines of Coal, Lime, and Ironstone, and it would tend materially to

Lands of promote the Interests of Agriculture and the public Benefit if a Lord Gower, collateral Cut were to be made from and out of the Branch Canal

or Cut hereby authorized to be made, in, through, and upon the Estate of the said Lord Gower, in manner herein-after mentioned, in lieu and stead of a collateral Cut delineated on the Plans deposited with the Clerks of the Peace as herein-before mentioned, as terminating at certain Lime Mines in the Parish of Lilleshall and Edg-mond, which last-mentioned Cut it is intended not to carry into effect: And whereas the said collateral Cut will pass entirely through and be confined to the Property of the said Lord Gower; be it therefore enacted, That it shall be lawful for the said Company of Proprietors, and they are hereby authorized and required, at their own Expence, at any Time from and after the passing of this Act, within Six Months after a Time to be specified in a Requisition for that Purpose under the Hand and Seal of the said Lord Gower, his Heirs or Assigns, (such Requisition to be delivered to the Clerk of the said Company of Proprietors,) to make, construct, and maintain a navigable Cut or Canal and Railway or Tramroad, commencing from the Line of the said Branch Canal at or near to a certain Close or Meadow in the Occupation of Samuel Winnall, in the Estate of the said Lord Gower, in the Parish of Lilleshall in the said County of Salop, and terminating at the Turnpike Road from Newport to Wellington, in the said County of Salop, in a certain Close of the said Lord Gower, in the said Parish of Lilleshall, in the Occupation of the Lilleshall Company ; and also to make, construct, execute, do, perform, and maintain all such Works, Matters, and Things as shall be requisite and expedient for making and maintaining the said last-mentioned additional Cut or Canal, Railway or Tramroad, in manner by this Act directed, and according and subject to the Provisions and Restrictions contained in the said recited Act and this Act; and such Works when completed shall be and be deemed, taken, and considered to be as Part of the Works of the said Birmingham and Liverpool Junction Canal Navigation.

An authenti-

XXVIII. Provided always, and be it further enacted, That a Map

cated Plan of or Plan of the said Cut or Canal, Railway or Tramroad, so authorized

and

the said Cut an{j directed to be made, as last herein-before mentioned, through or Railway to

7" & 8° GEORGII IV. Can.u.

X

and upon the Estate of the said Lord Gower, authenticated by the be deposited Signature of the Right Honourable the Speaker of the House of wilh clerk Commons, shall, within Two Calendar Months after the passing of    lor

this Act, be deposited with the Clerk of the Peace for the said ' County of Salop, to the end that all Persons may at all seasonable Times have liberty to inspect the same, and to take Copies thereof or Extracts therefrom at their Pleasure, paying to such Clerk of the Peace the Sum of One Shilling for every such Inspection, and at the Rate of Sixpence for every One hundred Words of such Copies or Extracts; and it shall not be lawful in making such Cut or Canal,

Railway or Tramroad, to deviate more than One hundred Yards from the Course or Direction delineated upon the said Map or Plan so to be authenticated as aforesaid.

XXIX. And be it further enacted, That if the said Company of In case Com* Proprietors shall neglect or fail to make, carry on, and complete the 'cower* said last-mentioned Cut or Canal, Railway or Tramroad, in, through, m;Tlke and upon the Estate of the said Lord Gower as aforesaid, within the the Cut Time prescribed by and pursuant to the true Intent and Meaning of at the Ex-this Act, then and in such Case it shall and may be lawful to and Pence of tlie for the said Lord Gower, his Heirs or Assigns, to make, carry on, omPany‘ and complete the same; and all the Costs thereof, including the Value of Land required for the Purposes thereof, shall be repaid by the said Company to the said Lord Gower, his Heirs or Assigns, within Two Calendar Months after the same shall have been completed, and an Account thereof shall have been left at any of the Offices of the said Company of Proprietors ; and in default of Payment of the said Costs, Charges, and Expences within the Time aforesaid, the said Lord Gower, his Heirs and Assigns, are by this Act authorized and empowered to levy the said Costs, Charges, and Expences by Distress and Sale of the Goods and Chattels of the said Company, in the same Manner as is by the said recited Act provided for the Recovery of any Sum of Money which shall be directed or ordered to be paid by way of Compensation for Damages done or committed by the said Company.

' XXX. And whereas various extensive and complicated Works Drains, &c. have been executed at a great Expence upon the Estate of the said UP°“tl1® : Lord Gower, for the Purpose of draining a certain extensive District Lord Gower called the Wildmoors, and for preserving the adjoining Lands from not to be the Inundation of the Strines or Rivers running through the same; injured, be it therefore enacted, That it shall not be lawful for the said Company of Proprietors, by any Work to be done under the Authority of this Act, to alter, injure, or destroy any of the Drains, Ditches,

be

Culverts, Embankments, or other Works made for the Purpose of the said Drainage, or to alter the Course of the Rivers or the Direction of the flowing of the Waters therein, or to take away the Power of irrigating or draining the adjoining Lands ; and the said Company shall, where the said Canal shall be carried over or shall cut through or fill up any of the said Works, construct proper and sufficient Culverts under the said Canal, and make and construct and substitute new Ditches or Embankments, and other Works necessary to preserve and maintain the said Drainage, in lieu of those that may [.Local.]

be cut through, filled up, or removed in executing the said Canal j and it shall not be lawful for the said Company of Proprietors to discharge any waste Water from the said Canal hereby authorized to be made, into any of the Ditches or Drains of the said Drainage, so as to injure, blow up, or destroy any of the Culverts, Syphons, Ditches, Drains, Embankments, or other Works belonging to the same; provided that if any of the said Works of the said Drainage shall be injured as aforesaid, the Damage so done shall be repaired by and at the Expence of the said Company of Proprietors; or if the said Company shall, upon being required so to do by the said Lord Gower, his Heirs or Assigns, neglect or fail to repair the said Damage, it shall be lawful for the said Lord Gower, his Heirs or Assigns, to repair the same at his own Expence, and all the Costs thereof shall be repaid by the said Company to the said Lord Gower, his Heirs or Assigns, within Two Calendar Months after the same shall have been completed, and an Account thereof shall have been left at any of the Offices of the said Company of Proprietors; and in default of Payment of the said Costs within the Time aforesaid, the said Lord Gower, his Heirs and Assigns, are hereby authorized to levy the same Costs by Distress and Sale of the Goods and Chattels of the said Company, as is by the said recited Act prescribed for the Recovery of any other Sum of Money directed to be paid for Damages done by the said Company.

XXXI. And whereas the said Canal will intersect a private Road or Avenue belonging to the said Lord Gower, planted on each Side with Trees, and called The Lilleshall and Kinnersley Drive ; be it

Protecting a certain private Road

Lord Grower, therefore enacted, That the said Company of Proprietors shall carry the said Canal across the said private Road or Avenue, doing as little Injury to the same, and to the Trees at the Sides thereof) as may be, and shall keep the Banks of the Canal at that Point as low as the Safety of the Canal will permit, and shall construct in the Line of the said Road a Bridge across the said Canal, of the like Width with the said private Road or Avenue, with a sloping Bank leading thereto on each Side of the said Canal, not exceeding One Foot perpendicular for every Eighteen Feet in Length ; and it shall not be lawful for the said Company of Proprietors to convert the said private Road or Drive of the said Lord Gower into a public Road or occupation Road, or use the same as such, or to erect any Wharf or other Works, or any House or Building on the Sides thereof, without the Consent in Writing of the said Lord Gower, his Heirs or Assigns, for that Purpose first had or obtained.

Wharfs, &c. not to be erected on Lord Gower’s Estate, without Consent.

XXXII. And be it further enacted, That it shall not be lawful for the said Company of Proprietors to make, erect, or construct any Wharf, Quay, Warehouse, or House on the Estate of the said Lord Gower, except a Wharf at the End of the Branch terminating in a certain Field in the Occupation of John Masefield, nor to make any Ways or Roads leading to or from the said Canal, nor to make Bricks, except for Works on the said Estate, nor to dig or carry away any Clay, Soil, Sand, Stone, or other Materials from the Lands belonging to the said Lord Gower> for AVorks on any other Person’s Property, except such Clay, Soil, Sand, Stone, or other

i    Materials

Materials as may be found or got in cutting and constructing such Part of the said Branch Canal as runs through the Grounds of the said Lord Gower, without the Consent of the said Loid Gower, his Heirs or Assigns, in Writing for that Purpose first had and obtained.

com- ments.

XXXIIL And be it further enacted, That for the better enabling the Proprietors of the Lands next adjoining to the Sides or Embank- g*' ments of the Canals or Cuts respectively authorized to be made theEmbank-by this or the said recited Act to prevent Trespasses being mitted on the same, it shall and may be lawful for the said Company to grant any Lease or Leases of such ^ides or Embankments to any Proprietor or Proprietors of the Lands next adjoining to such Sides or Embankments, for such Term or Number of Years, and at and under such yearly Rents or Acknowledgments, and subject to such Provisoes, Stipulations, and Agreements, as may be mutually agreed upon between the said Proprietors and the said Company.

ons

no

XXXIV. And be it further enacted, That so much of the said Repealing recited Act as enacts that no General Meeting of the said Company ^ under such Act shall be held or be valid, unless there shall be prescrjbjng’ present at such Meeting, either in Person or by Proxy, Proprietors Number of of the Canals by such Act authorized to be made, who shall be Shareholders possessed of or entitled to at least Two thousand Shares in the said Undertaking, and by virtue of such Shares entitled to Two thou- jyiJeungs. sand Votes in the Aggregate, shall be and the same is hereby declared to be repealed; and from and after the passing of this Act, Regulati if at any General Meeting there shall not be Persons present, in as to General Person or by Proxy, who shall be possessed of or entitled to at Meetings, least One thousand Shares in the said Undertaking, and by virtue of such Shares entitled to One thousand Votes in the Aggregate, within Two Hours from the Time appointed for such Meeting,

Choice of a Committee shall be made, nor shall any Business be done or transacted at that Time, but in such Case there shall be another Meeting of the said Company of Proprietors, at the same Place, at the Expiration of Fourteen Days, and if a sufficient Number of Proprietors shall not then attend, the said General Meeting shall stand adjourned to that Day in the Month next following, and so from Time to Time as often as the same shall occur, until at any such Meeting there shall be a sufficient Number of Proprietors present as aforesaid, when (and not before) the Meeting shall proceed to Business; and any Committee so before appointed shall continue to act, and have the same Powers as they had and were possessed of until a new Committee shall be appointed as aforesaid; and in case of Failure of assembling a sufficient Number of Proprietors having such Shares or Subscriptions, as Principals or Proxies, at such First General Meeting, every Proprietor who shall not attend such Second Meeting shall forfeit, to the said Company of Proprietors, for every Share or Subscription of One hundred Pounds which he or she shall possess in the said Undertaking, the Sum of Ten Shillings, unless such Proprietor shall have a sufficient Excuse for his or her Non-attendance as aforesaid,

said, to be judged of by the Chairman of such Meeting, such Sum of Ten Shillings to be deducted out of his or her next succeeding Payment of Interest or Dividends of the Profits of the said Undertaking, as the Case may happen; and in case no Interest or Dividends shall be payable to such Person or Persons making Default as aforesaid within Six Calendar Months next after the making of such Default, then the Payment of the said Forfeiture of Ten Shillings may be recovered and enforced by the Ways and Means appointed for the Recovery of any Penalties or Forfeitures imposed by the said recited Act.

Same Tolls to be taken as under former Act.

XXXV. And be it further enacted, That the same Rates, Tolls, or Duties, as by the said recited Act are granted and made payable for the Tonnage and Wharfage of the several Articles, Matters, and Things which may be carried or conveyed upon the Canals by such Act authorized to be made, shall be payable and be paid in respect of the several Articles, Matters, and Things which shall be carried or conveyed upon the Canals or Cuts by this Act authorized to be made.

]f Canals not

XXXVI. Provided always, and be it further enacted, That in case completed m t]ie said intended Canal or Cuts, and other Works hereby authorized, Powers^o⁸'    not ^ave keen completed and made (unless prevented by in

cease, except evitable Accidents) within the Space of Five Years, to be computed as to such from the passing of this Act, then from and after the Expiration Parhalfiab7, ^ie sa^ Term Five Years all the Powers, Authorities, and completed⁰ Privileges given by this Act shall cease and determine, save only and except as to so much (if any) of the said intended Cuts or Canals, and other Works, as shall have been declared and certified to have been completed within the said Term by the Justices of the Peace of the said County of Stafford or Salop, assembled at any Quarter Sessions of the Peace to be holden in and for either of the said Counties at any Time before the Expiration of the said Term of Five Years, or within Three Calendar Months next after the Expiration thereof upon the Evidence of Two or more Witnesses, upon Oath, to be produced before them for that Purpose.

Expences of the Act.

XXXVII. And be it further enacted, That all the Costs, Charges, and Expences of obtaining and passing this Act, and of making the Surveys, Plans, and Estimates, and ail other Costs, Charges, and Expences relating to or concerning the same, or any way incident thereto, shall be paid and defrayed by the said Company out of the Money already raised or received, or out of the first Money to be received or raised by virtue of the said recited Act and this Act, or either of them, in preference to any other Payment whatsoever.

Public Act.

XXXVIII. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others, without being specially pleaded.

SCHE-

No. on Plan.

o! o    J J

^    *-<    -H <N

to ho

O' 03

SCHEDULE referred to in the foregoing Act.

Land Owners.

Occupiers.

Description.

Parish.

Trustees of Preston Hospital.

Ditto

Ditto

Ditto

Ditto

Sarah Chilton

Garden

Wellington.

Ditto

Ditto

1 & 2. Right Honorable Earl Gower.

Ditto

Ditto

1 SirThomas JohnTyrwhitt Jones, Baronet.

5.    Jane Adams

12.    John Sellitoe

Ditto

Samuel Rudgway

Ditto -    -

William Gough

GeorgeWood,Under-tenant to Thomas Higgins.

Ditto

John Nauns, Under-tenant to Thomas Higgins.

Earl Gower

Cottage and Ditto Preston.

Ditto. Ditto.

Cottage and Barn Ditto.

Garden

Ditto

Garden

Ditto

Plantation

13. •

13 a.

15 a.

^ O TT

or

04

Ditto

Thomas Boultbee

Lords of the Manor of Newport, and John Barber.

Ditto

Thomas Jukes Collier -Ditto

George Crisp

Trustees of late Sir John Fenton Boughey, Baronet.

Joseph Bickford

Right Honorable Earl Gower.

Ditto.

Ditto.

Lilleshall.

John Masefield Ditto

In hand

Garden

Orchard

Plantation

Edgmond.

Ditto.

Ditto.

John Gosnell John Sellitoe, junior James Badderley

Sarah Boycott Robert Birch

Ellenor Brown, William Shoon, Sarah Parker, William Brown.

Thomas Boultbee

Garden

Ditto

Cottage and Garden.

Ditto

Garden

Cottages

Newport.

Ditto.

Ditto.

Ditto.

Ditto.

Ditto.

In hand

Ditto John Brian Elizabeth Johnson

In hand

Thomas James

Two Pigstyes -Garden Plantation Garden

Barn, Stable, Cow-shed, and Yard.

Orchard

Ozier Bed

Ditto.

Ditto.

Ditto.

Ditto.

Forton.

Norbury.

Lilleshall.

No. on Plan.

Land Owners.

Occupiers.

Description.

Parish.

3.

8.

Right Honourable Lord Viscount Anson.

Ditto

9.

Ditto

Variation at Norbury.

David Jones, Under-tenant to William Wilder.

Abraham Honslow and William Leek.

William Leek

Garden

Gnosalk

Two Cottages, Gardens, &c.

Garden and Pasture.

Ditto.

Ditto.

5.

11.

Ditto

Ditto

In hand Ralph Stringer

Wood

15.

Ditto

In hand

Garden and Rick-yard.

Plantation

Norbury.

Ditto.

Ditto.

LONDON: Printed by George Eyre and Andrew Strahan, Printers to the King’s most Excellent Majesty. 1827.

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