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The following text is the act of parliament of The Stocksbridge Railway Act 1874
[37 & 38 VICT][ChIV]
An Act for making a railway from the Manchester, Sheffield, and Lincolnshire Railway at Deepcar to Stocksbridge;
and for other purposes. [30th June 1874.]
Whereas the construction of the railway herein-after described from the Manchester, Sheffield, and Lincolnshire Railway, near the Deepcar station thereon, to Stocksbridge in the west riding of the county of York, would be of public and local advantage:
And whereas the persons herein-after in that behalf named, with others, are willing to execute the undertaking, and it is expedient that they should be incorporated into a company for that purpose:
And whereas it is expedient that the Manchester, Sheffield, and Lincolnshire Railway Company (in this Act called the " Sheffield Company ") should be authorised to subscribe towards the under-taking, and to apply their corporate funds for that purpose:
And whereas it is .expedient that the Company and the Sheffield Company should be empowered to enter into and carry into effect working and other agreements as herein-after provided:
And whereas plans and sections showing the lines and levels of the railway authorised by this Act, and also books of reference containing the names of the owners and lessees, or reputed owners and lessees, and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act, were duly deposited with the clerk of the peace for the west riding of the county of York, and are herein-after respectively referred to as the deposited plans, sections, and books of reference:
And whereas the purposes of this Act cannot be effected without the authority of Parliament:
May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. This Act may be cited as "The Stocksbridge Railway Act, 1874."
2. " The Companies Clauses Consolidation Act, 1845," Part I. (relating to cancellation and surrender of shares) and Part III. (relating to debenture stock) of " The Companies Clauses . Act, 1863," as amended by " The Companies -Clauses Act, 1869," "The Lands Clauses Consolidation Acts, 1845, 1860, and 1869," ct The Railways Clauses Consolidation Act, 1845," and Part I. (relating to construction of a railway) and Part III. (relating to working agreements) of " The Railways Clauses Act, 1863," are (except where expressly varied by this Act) incorporated with and form part of this Act
3. In this Act the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith have the same respective meanings, unless there be some-thing in the subject or context repugnant to such construction; the expression " the Company " means the Company incorporated by this Act ; the expressions " the railways " and the " undertaking mean respectively the railways and undertaking by this Act authorised ; and for the purposes of this Act the expression " superior courts " or "court of competent jurisdiction," or any other like expression in this Act or any Act wholly or partially incorporated herewith, shall be read and have effect as if the debt or demand with respect to which the expression is used were a simple contract
debt, and not a debt or demand created by statute.
4. Samuel Fox, James Willis, John Mimes, Matthew Brearley, John Armitage, Elijah Askew, William ,Fawcett, Henry. Unwin, David Button, James Grayson, Joseph Hattersley, Joe Hepworth, and Priam , John Hudson, and all other persons and corporations who have already subscribed or shall hereafter become proprietors in the undertaking, and their executors, administrators, successors, and assigns respectively, shall be and are hereby united to a company for the purpose of making and maintaining the railways, and for other the purposes of this Act, and for those purposes shall be and are hereby incorporated by the name of " The Stocksbridge Railway_ Company," and by that name shall be a body corporate, with perpetual succession and a common seal, and with power to purchase, take, hold, and dispose of lands and other property for the purposes of this Act.
5. Subject to the provisions of this Act, the Company may make and maintain, in the line and according to the levels shown on the deposited plans and sections, the railway herein-after described, with all proper stations, sidings, approaches, works, and conveniences
connected therewith, and may enter upon, take, and use such of
the lands delineated on the said plans and described in the deposited
books of reference as may be required for that purpose. The rail
way herein-before referred to and authorised by this Act is,
A railway one mile seven furlongs and one chain in length, commencing by a junction with the main line of the Manchester, Sheffield, and Lincolnshire Railway, near the Deepcar station thereon, in the township of Wortley, and parish of Tankersley, in the west riding of the county of York, and terminating near the town or village of Stocksbridge, in the township of Bradfield, in the parish of Ecclesfield, in the said west riding.
6. The capital of the Company shall be thirty-three thousand pounds, in three thousand three hundred shares of ten pounds each.
7. The Company shall not issue any share created under the authority of this Act, nor shall any such share vest in the person or corporation accepting the same, unless and until a sum not being less than one fifth of the amount of such share is paid in respect thereof.
8. One fifth of the amount of a share shall be the greatest amount of a call, and three months at least shall be the interval between successive calls, and three fourths of the amount of a share shall. be the utmost aggregate amount of the calls made in any year upon any share.
9. If any money is payable to a shareholder being a' minor, idiot, or lunatic, the receipt of the guardian or committee of his estate shall be a sufficient discharge to the Company.
10. The Sheffield Company, with the authority of three fourths of the votes of their shareholders present, in person or by proxy, at a general meeting of the said company specially convened for the purpose, may from time to time subscribe any sum which they think fit towards the undertaking, not exceeding in the whole the amount of the capital by this Act authorised to be raised by means of shares ; and the Sheffield Company may, with the like authority, contribute and apply in or towards payment or satisfaction of any such subscription any moneys which they are already authorised. to raise, and which may not be required by them for the purposes of their undertaking ; and the Sheffield Company shall, in respect of the sums to be subscribed, and the corresponding shares in the Company to be held by them, have all the powers, rights, and privileges (except in regard to voting at general meetings, which shall be as herein-after provided), and be subject to all the
obligations and liabilities of proprietors of shares in the Company: Provided always; that the Sheffield Company shall not sell, dispose of, or transfer any of the shares in the Company for which-they may subscribe.
11. The Company may from time to time borrow on mortgage any sum not exceeding in the whole eleven thousand pounds, but no part thereof shall be borrowed until the whole capital of thirty-three thousand pounds is issued and accepted, and one half thereof is paid up, and the Company have proved to the justice who is to certify under the fortieth section of " The Companies Clauses Consolidation Act, 1845," before he so certifies, that the whole of such capital has been issued and accepted, and that one half thereof, has been paid -up, and that not less than one fifth part of the amount of each separate share in such capital has been paid on account thereof before or at the time of the issue or acceptance thereof, and that such capital was issued bona fide, and is held by the persons or corporations to whom the same was issued, or their executors, administrators, successors, or assigns, and that such persons or corporations, their executors, administrators, successors, or assigns, are legally liable for the same ; and upon production to such justice of the books of the Company, and of such other evidence as he shall think sufficient, he shall grant a certificate that the proof aforesaid has been given, which shall be sufficient evidence thereof.
12. The mortgagees of the Company may enforce payment of arrears of interest or principal, or principal and interest, due on their mortgages by the appointment of a receiver. In order to authorise the appointment of a receiver in respect of arrears of principal, the amount owing to the mortgagees by whom the application for a receiver is made shall not be less than one thou-sand pounds in the whole.
13. The Company may create and issue debenture stock, subject to the provisions of Part III. of " The Companies Clauses Act, 1863," but, notwithstanding anything therein contained, the interest of all debenture stock at any time created and issued by the Company shall rank pari passu with the interest of all mortgages at any time granted by the Company, and shall have priority over all principal moneys secured by such mortgages.
14. All moneys raised under this Act, whether. by shares, debenture stock, or borrowing, shall be applied for the purposes of this Act only.
15. The first ordinary meeting of the Company shall be held within six months after the passing of this Act.
16. The number of directors shall be three.
17. The qualification of a director shall be the possession in hi: own right of not less than twenty shares.
18. The quorum of a meeting of directors shall be two.
19. Samuel Fox, Henry Unwin, and James Halliday shall be the first directors of the Company, and shall continue in office until the first ordinary meeting held after the passing of this Act ; at that meeting the shareholders present in person or by proxy may either continue in office the directors appointed by this Act, or any of them, or may elect a new body of directors, or directors to supply the place of those not continued in office, the directors appointed by this Act being (if qualified). 'eligible for re-election ; and at the first ordinary meeting to be held in every year after the first ordinary meeting the shareholders present in person or by proxy shall elect persons to supply the places of the directors then retiring from office, agreeably to the provisions of " The Companies Clauses. Consolidation Act, 1845," and the several persons elected at any such meeting, being neither removed nor disqualified, nor having died or resigned, shall continue to be directors until others are elected in their stead, in manner provided by the same Act.
20. The quantity of land to be taken by the Company by agreement for the extraordinary purposes mentioned in " The Railways Clauses Consolidation Act, 1845," shall not exceed half an acre.
21. The powers of the Company for the compulsory purchase of lands for the purposes of this Act shall not be exercised after the expiration of three years from the passing of this Act.
22. In altering for the purposes of this Act the public carriage road numbered on the deposited plans 84 in the parish of Eccles-field, the Company may make the same of any inclinations not steeper than one foot in fifteen feet on. the one side and level on the other side.
23. The Company shall, not less than eight weeks before they take in any parish fifteen houses or more occupied either wholly or partially by persons belonging to the labouring classes as tenants or lodgers, make known their intention to take the same by placards, handbills, or other general notice placed in public view upon or within a reasonable distance from such houses, and the Company shall not take any such houses until they have obtained the
certificate of a, justice that it has been proved to his satisfaction that they have so made known their intention.
24. Whereas pursuant to the standing orders of both Houses of Parliament, and to an Act of the ninth year of the reign of Her present Majesty, chapter twenty, the sum of one thousand five hundred and thirteen pounds and five shillings, being upwards of five per centum upon the amount of the estimate in respect of the railway, has been deposited with the Court of Chancery in England in respect of the application to Parliament for this Act:
Be it enacted, that, notwithstanding anything contained in the said Act, the said sum of money so deposited as aforesaid in respect of the application for this Act shall not be paid or transferred to or on the application of the person or persons, or the majority of the persons, named in the warrant or order issued in pursuance of the said Act, or the survivors or survivor of them, unless the Company shall previously to the expiration of the period limited by this Act for completion of the railway either open the railway for the public conveyance of passengers, or prove to the satisfaction of the Board of Trade that the Company have paid up one half of the amount of the capital by this Act authorised to be raised by means of shares, and have expended for the purposes of this Act a sum equal in amount to such one half of the said capital, and if the said period shall expire before the Company shall either have opened the railway for the public conveyance of passengers, or have given such proof as aforesaid to the satisfaction of the Board of Trade, the said sum of money deposited as aforesaid shall be applied in the manner herein-after specified, and the certificate of the Board of Trade that such proof has been given to their satisfaction as aforesaid shall be sufficient evidence of the fact so certified, and it shall not be necessary to produce any certificate of this Act having passed, anything in the above-mentioned Act to the contrary notwithstanding.
25. The said sum of money deposited as aforesaid shall be applicable, and after due notice in the London Gazette shall be applied, towards compensating any landowners or other persons whose property may have been interfered with or otherwise rendered less valuable by the commencement, construction, or abandonment of the railway, or, any portion thereof, or who may have been subjected to injury or loss in consequence of the compulsory powers of taking property conferred upon the Company by this Act, and for which injury or loss no compensation or inadequate compensation shall have been paid, and shall be distributed in satisfaction of such compensation as aforesaid, in such manner and in such proportions as the Court of Chancery in England may seem fit ; and if no such compensation shall be payable, or if a portion of the said sum of
money shall have been. sufficient to satisfy all just claims in respect of such compensation, then the said sum of money, or such portion thereof as may not be required as aforesaid, shall either be forfeited to Her Majesty, and accordingly be paid or transferred to or for the account of Her Majesty's Exchequer, in such manner as the Court of Chancery in England thinks fit to order on the application of the solicitor of Her Majesty's Treasury, and shall be carried to and form part of the Consolidated Fund of the United Kingdom, or in the discretion of the Court, if the Company is insolvent and has been ordered to be wound up, or a receiver has been appointed, shall wholly or in part be paid or transferred to such receiver or to the liquidator or liquidators of the Company, or be otherwise applied as part of the assets . of the Company for the benefit of the creditors thereof:
Provided that until the said sum of money has been repaid to the depositors, or has become otherwise applicable as herein-before mentioned, any interest or dividends accruing thereon shall from time to time, and as often as the same shall become payable, be paid to or on the application of the person or persons or the majority of the persons named in such warrant or order as aforesaid, or the survivors or survivor of them.
26. If the railway is not completed within three years from the passing of this Act, then on the expiration of that period the powers by this Act granted to the Company for making and completing the railway, or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as is then completed.
27. The Company may demand and take in respect of the use of the railway any tolls not exceeding the following ; (that is to say,)
In respect of passengers and animals conveyed on the railway:
For every person conveyed in or by any express train, or in a
first-class carriage by any other train, per mile, twopence:
For every person conveyed in a second-class carriage by any
such other train, per mile, one penny halfpenny:
For every person conveyed in a third-class carriage by any other such train, per mile, one penny:
Class 1. For every horse, mule, ass, or other beast of draught or burden conveyed in or upon any carriage, per mile, twopence:
Class 2. For every ox, cow, bull, or neat cattle conveyed in or upon any carriage, per head per mile, one penny halfpenny:
Class 3. For every calf, pig, sheep, or lamb, or other small animal conveyed in or upon any carriage, per head per mile, one halfpenny:
In respect of goods conveyed on the railway:
Class 4. For all lime, limestone, salt, dung, compost, and all sorts of manure, and all undressed materials for the repair of highways, coal, slack, cannel, coke, culm, and cinders, per ton per mile, one penny:
Class 5. For all stone for building, pitching, and paving, bricks, tiles, slates, clay, sand, chalk, marl, iron, ironstone and iron ore, pig iron, bar iron, rod iron, hoop iron, sheet iron, and all other similar descriptions of wrought iron and iron castings not manufactured into utensils or other articles of merchandise, per ton per mile, one penny halfpenny:
Class 6. For all sugar, grain, corn, flour, hides, dyewoods, Manchester packs, earthenware, timber, staves, and deals, metals (except iron), tinned plates, nails, anvils, vices, and chains, per ton per mile, twopence:
Class 7. For all cotton and all other wools, drugs, manufactured goods, and all other wares, merchandise, fish, articles, matters, or things, per ton per mile, threepence
Class 8. 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, per mile, fourpence; and for every additional quarter of a ton, or fractional part of a quarter of a ton, which any such carriage weighs, a like sum of fourpence per mile in addition.
28. For carriages, trucks, and platforms supplied by the Company the Company may (in addition to the other tolls by this Act authorised) demand and take for or in respect of goods, articles, matters, or things, persons or animals, comprised in either of the classes herein-before specified, any tolls not exceeding the tolls next herein-after mentioned in connexion with the class in which such goods, articles, matters, or things, persons, or animals, are respectively comprised ; (to wit,)
For each person conveyed in or by any express train, or in a first
class carriage by any other train, per mile, one penny
For each person conveyed in a second-class carriage by any such
other train, per mile, three farthings:
For each person conveyed in a third-class carriage by any such other train, per mile, one halfpenny:
For Class 1, for each animal per mile, one penny:
For Class 2, for each animal per mile, one penny:
For Class 3, for each animal per mile, one halfpenny:
For Class 4, per ton per mile, one halfpenny:
For Class 5, per ton per mile, one halfpenny:
For Class 6, per ton per mile, three farthings:
For Class 7, per ton per mile, one penny:
For Class 8, for each carriage, per mile, twopence.
29. The toll which the Company may demand for the use of engines for propelling carriages on the railway shall not exceed one penny per mile for each passenger or animal, or for each ton of goods, in addition , to the several other tolls or sums by this Act authorised to be taken.
30. The following provisions and regulations shall apply to the fixing of all tolls and charges payable under this Act; (that is to say,)
the Company may demand tolls and charges as for three miles:
For all passengers, animals, or goods conveyed on the railway
For a fraction of a ton the Company may demand tolls according to the number of quarters of a ton in such fraction, and if there be a fraction of a quarter of a ton such fraction shall be deemed a quarter of a ton:
With respect to all articles except stone and timber, the weight shall be determined according to the usual avoirdupois weight:
With respect to stone and timber, fourteen cubic feet of stone, forty cubic feet of oak, mahogany, teak, beech, or ash, and fifty cubic feet of any other timber, shall be deemed one ton in weight, and so in proportion for any smaller quantity.
31. With respect to small parcels not exceeding five hundred pounds in weight, and single articles of great weight, notwithstanding anything in this Act, the Company may demand and take any tolls not exceeding the following ; (that is to say,)
For the carriage of small parcels on the railway as follows: If not exceeding seven pounds in weight, threepence:
If exceeding seven and not exceeding fourteen pounds in weight, fivepence:
If exceeding fourteen and not exceeding twenty-eight pounds in weight, sevenpence:
If exceeding twenty-eight and not exceeding fifty-six pounds in weight, ninepence:
If exceeding fifty-six and not 'exceeding five hundred pounds in weight, such sum as the Company think fit:
Provided always, that articles sent in large aggregate quantities, although made up into separate parcels, such as bags of sugar, coffee, meal, and the like, shall not be deemed small parcels, but that term shill apply only to single parcels in separate packages.
For the carriage of single articles of great weight:
For the carriage of any one boiler, cylinder, or single piece of machinery, or single piece of timber or stone, or other single article, the weight of which, including the truck or platform, shall exceed four tons but shall not exceed eight tons, the Company may demand and take such sum as they think fit, not exceeding eightpence per ton per mile:
For the carriage of any one boiler, cylinder, or single piece of timber, stone, machinery, or other single article, the weight of which, with the carriage, shall exceed eight tons, the Company may demand and take such sum as they think fit.
32. The maximum rate of charge to be made by the Company for the conveyance of passengers upon the railway, including the tolls for the use of the railway, and for carriages and locomotive power, and every other expense incidental to such conveyance, shall not exceed the following ; (that is to say,)
For every passenger conveyed by an express train, or in a first-- class carriage by any other train, the sum of threepence per mile:
For every passenger conveyed in a second-class carriage by any such other train, the sum of twopence per mile:
For every passenger conveyed in a third-class carriage by any such other train, the sum of one penny halfpenny per mile.
33. The maximum rate of charge to be made by the Company for the conveyance of animals, and goods on the railway, including the tolls for the use of the railway, and for waggons or trucks and locomotive power, and for every other expense incidental to the conveyance (except a reasonable charge for loading and unloading goods at any terminal station in respect of such goods, and for delivery and collection, and any other service incidental to the business or duty of a carrier, where any such service is performed by the Company), shall not exceed for the several. articles and animals comprised in the classes before specified the following sums ; (that is to say,)
Class 1. For each animal, fourpence per mile:
Class 2. For each animal, twopence per mile:
Class 3. For every calf or pig, one penny per mile, and for other small animal, three farthings per mile
Class 4. One penny farthing per ton per mile:
Class 5. One penny three farthings per ton per mile:
Class 6. Twopence halfpenny per ton per mile:
Class 7. For cotton and other wools, drugs, and manufactured goods, threepence. per ton per mile, and for other articles, matters, and things, fourpence per ton per mile:
Class 8. If having more than two wheels, and not weighing more than one ton and a half, fivepence, and if having only two wheels, fourpence per mile:
Provided also, that where a separate waggon or truck shall be retained by one person for the conveyance only of cattle or sheep belonging to him or under his charge, the aggregate of the tolls to be paid for such waggon or truck capable of containing and not containing more than six oxen or twenty-five sheep, shall not exceed ninepence per mile.
34. Every passenger travelling upon the railway may take with him his ordinary luggage, not exceeding one hundred and twenty pounds in weight for first-class passengers, one hundred pounds in weight for second-class passengers, and sixty pounds in weight for third-class passengers, without any charge being made for the carriage thereof.
35. No station shall be considered a terminal station in regard to any goods conveyed on the railway unless such goods have been received thereat direct from the consignor, or are directed to be delivered thereat to the consignee.
36. The restrictions as to the charges to be made for passengers shall not extend to any special train run upon the railway, in respect of which the Company may make such charges as they think fit, but shall apply only to the ordinary and express trains appointed from time to time by the Company for the conveyance of passengers and goods upon the railway.
37. Nothing in this Act shall prevent the Company from taking any increased charges, over and above the charge by this Act limited for the conveyance of animals or goods of any description,. by agreement with the owners or persons in charge thereof, either by reason of any special service performed by the -Company in relation thereto, or in respect of. the conveyance of animals or goods (other than small parcels) by passenger trains.
38. The Company on the one hand, and the Sheffield Company on the other hand, may, subject to the provisions of Part III. of
The Railways Clauses Act, 1863," as amended or varied by the Regulation of Railways Act, 1873, from time to time enter into agreements with respect to the following purposes, or any of them ; (that is to say,)
The working, use, management, and maintenance of their respective railways and works, or of any part thereof respectively:
The supply and maintenance of engines, stock, and plant, and the employment of officers and servants for the conduct of traffic:
The management, regulation, interchange, collection, transmission, and delivery of traffic upon or coming from or destined for the railways of the contracting companies, or either of them:
The fixing, collection, payment, appropriation, apportionment,
and distribution of the tolls, rates, revenue, and profits arising
from the railways and works of the contracting companies, or
either of them, or any part thereof.
39. During the continuance of any agreement to be entered into under the provisions of this Act for the working or use of the railway by the Sheffield Company, the railways of the Company and. of the Sheffield Company shall, for the purposes of short-distance tolls and charges, be considered as one railway ; and in estimating the amount of tolls and charges in respect of traffic conveyed partly on the railway of the Company and partly on the railways of the Sheffield Company for a less distance than three miles, tolls and charges may only be charged as for three miles ; and in respect of passengers, for every mile or fraction of a mile beyond three miles, tolls and charges as for one mile only; and in respect of animals and goods, for every quarter of a mile or fraction of a quarter of a mile beyond three miles, tolls and charges as for a quarter of a mile only ; and no other short-distance charge shall be made for the conveyance of passengers, animals, or goods partly on the railway of the Company and partly on the railways of the Sheffield Company.
40. The Sheffield Company whilst shareholders of the Company may by writing under their common seal, from time to time appoint some person to attend any meeting of the Company, and such person shall have all the privileges and powers attaching to a shareholder of the Company at such meeting, and may vote thereat in respect of the capital held by the Sheffield Company.
41. The Company shall not, out of any money by this Act authorised to be raised, pay interest or dividend to any shareholder on the amount of the calls made in respect of the shares held by him, but nothing in this Act shall prevent the Company from paying to any shareholder such interest on money advanced by him beyond the amount of the calls actually made as is in conformity with " The Companies Clauses Consolidation Act, 1845."
42. The Company shall not, out of any money by this Act authorised to be raised, pay or deposit any sum which by any standing order of either House of Parliament, now or hereafter in force, may be required to be deposited in respect of any application to Parliament for the purpose of obtaining an Act authorising the
Company to construct any other railway, or to execute any other work or undertaking.
43. Nothing in this Act contained shall exempt the railways from the provisions of any general Act relating to railways, or the better and more impartial audit of the accounts of railway companies, now in force or which may hereafter pass during this or any future session of Parliament, or from any future revision or alteration, under the authority of Parliament, of the maximum rates of fares and charges, or of the rates for small parcels, authorised by this Act.
44. All costs, charges, and expenses of and incident to the preparing for, obtaining, and passing of this Act, or otherwise in relation thereto, shall be paid by the Company.
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