2.

Canal Companies may provide Boats, and power for hauling and tracking vessels of

5

Canals or Rivers communicating therewith, either directly or by
means of any intermediate Canal or River, all such goods, wares,
merchandize, articles, matters and things as may be entrusted to them
for that purpose; and for the better enabling them so to do, to purchase,
hire and construct, and to use and employ any number of boats, barges,
vessels, rafts, carts, waggons, carriages and other conveniences; and
also to establish and furnish such haulage, trackage or other means of
drawing or propelling the same, either by steam, animal or other
power, or for the purpose of collecting, carrying, conveying, ware-
housing and delivering such goods, wares, merchandize, articles, 10
matters and things, as to any such Company shall seem fit, and to
make such reasonable charges for such conveyance, warehousing,
collection and delivery as they may respectively from time to time
determine upon, in addition to the several tolls or dues which any
such Company are now authorized to take for the use of their said 15
Canals, Navigations or Railways.

And be it Enacted, That it shall also be lawful for any such Company to purchase and provide and use boats and other vessels, and also horses, steam or other power and machinery for hauling, tracking and towing upon their own Canals or Navigations, or upon any other 20 other persons. Canals or Navigations communicating therewith, either directly or by means of any intermediate Canal or Navigation, and to employ a sufficient number of competent persons for those purposes, and to demand and receive for the use of such boats, and for such hauling, tracking or towing, such reasonable hire or remuneration as shall be fixed by the respective Committees of Directors or Managers of such Canals or Navigations, or as shall be agreed upon between them, or any person desiring the use of any such boats or vessels, or requiring such hauling, tracking or towing.

3.

Tolls, &c. to

be charged

persons.

25

Provided always, and be it Enacted, That all charges to be 30 equally to all made by any such Company for the carriage of any such goods, wares, merchandize, articles or things, or for the use of their boats and other vessels, or for the supply of haulage, trackage or other power, shall be at all times charged equally to all persons, and after the same rate, whether per mile, or per ton per mile, or 35 otherwise, in respect of all goods, wares, merchandize, articles and things of a like description, and conveyed or propelled in a like boat or vessel at the same rate of speed, and passing along the same portion of any such Canal or Navigation under the like circumstances, and no reduction or advance in any of such charges shall be made, 40 either directly or indirectly, in favour of or against any particular Company or person passing along, or using or sending goods, wares, merchandize, articles or things along the same portion of any such Canal or Navigation under the like circumstances.

And

5

And be it Enacted, That any Canal or Navigation Company exercising the powers by this Act granted, shall have all the same powers and remedies for recovering any sum or sums of money which shall or may become due and owing to such Company as carriers, or for the use of any boats or vessels, or for the supply of any haulage, trackage or other power by virtue of this Act, as are given to them respectively by their said several Acts of Parliament in reference to the tolls and duties thereby made payable, or they may at their option sue for and recover such charges or any part thereof in any of the superior courts; 10 and such Company may in like manner be sued for any loss sustained by any person or persons employing the said Company as carriers, or for any neglect or misconduct of such Company or their servants in respect of their conduct as carriers by virtue of this Act; and such Company may prosecute any indictment or other proceeding at law in 15 respect of any offence arising or being committed in the course of such carrying or other proceeding under this Act; and it shall be sufficient if any goods or other things which are set out in any indictment shall be described and laid to be the property of the said Company.

Provided always, and be it Enacted, That nothing herein contained 20 shall in any case extend to charge or make liable any such Company further or in any other case than where, according to the laws of this realm for the time being, common carriers would be liable; nor shall any thing herein contained extend to deprive such Company of any protection or privilege which either now or at any time hereafter com25 mon carriers have or may be entitled to; but such Company shall from time to time, and at all times, have and be entitled to the benefit of every such protection and privilege.

AND in order to facilitate the conveyance of goods and merchandize and other matters and things in manner aforesaid, it is expedient 30 that Canal and Navigation Companies should be empowered to enter into arrangements with each other in the way that Railway Companies are authorized, so as to avoid the necessity for a change of boats and other delays arising from a diversity of interest; BE it Enacted, That, notwithstanding any thing in this Act, or in any of the said Acts for 35 establishing or incorporating the said Companies, it shall be lawful for any such Canal or Navigation Company as aforesaid, and they are hereby empowered from time to time to make and enter into any contract or agreement with any other Canal or Navigation Company (and which contract or agreement such other Company is hereby authorized to enter into), either for the division or apportionment of tolls, dues and charges, or for the passage over or along their respective Canals or Navigations, or any Branches thereof, or any Railways or Tramways connected therewith and belonging thereto as aforesaid, of any boats, barges or other vessels, or of any carriages or trucks drawn

40

6. Company contract with empowered to Companies.

other Canal

7.

Canal Companies empowered to lease their Tolls.

8.

Lessees to be deemed Collectors.

9. Lessee making default to be removed.

5

or propelled by steam, animal or other power of or belonging to any
other Company, or which shall pass along any other line of Canal,
Navigation or Railway, or for the passage over or along any other line
of Canal, Navigation or Railway, or of any such boats, barges or
other vessels, carriages or trucks, drawn or propelled as aforesaid, which
shall belong to any such Company, or which shall pass along their
line of Canal, Navigation or Railway, upon the payment of such tolls
and duties, and under such conditions and restrictions, as may be
deemed advisable and may be mutually agreed upon; and also to enter
into other contract with any other Canal or Navigation Company 10
that may be deemed advisable; and any such contract may contain
such covenants, clauses, conditions and agreements as the contracting
parties may think advisable and mutually agree upon.

any

And be it Enacted, That it shall be lawful for any such Canal or Navigation Company from time to time, by lease, to take effect in pos- 15 session within Months from the letting thereof, to let the tolls and duties, or any part thereof, upon the whole or any part of any such Canal or Navigation, or of any such Railways or Tramways as aforesaid, to any other Canal or Navigation Company, or to any carrier or carriers of goods on such Canal, Navigation or Railways, for any period not exceeding Years from the

20

commencement of any such lease: Provided always, That no such
letting shall take place unless public notice of the intention to let such
tolls, or the part thereof intended to be let, shall have been given by
the Company proposing to let the same, by advertisement, at least 25
Fourteen Days prior to the meeting of the Directors or Managers at
which it shall be intended to let such tolls.

And be it Enacted, That during the continuance of any such lease the respective Lessees named therein, and also all persons appointed by them to collect the tolls so let, shall be deemed Collectors of the 30 tolls so let, and they shall have the same powers to collect and recover such tolls, and be subject to the same rules, duties and penalties in reference thereto, as if they had been appointed for that purpose by the Company demising the same.

And be it Enacted, That if any such lease shall become void or 35 voidable, according to any stipulations therein contained for that purpose, by reason of the failure on the part of the Lessee to comply with any of the terms of such lease, or if all or any part of the rent thereby reserved shall be in arrear or unpaid for Twenty-one Days after the same shall become payable, then, upon application made by the Com- 40 pany who shall have demised the same to a Justice, it shall be lawful for such Justice to order any Constable, with proper assistance, to enter upon any toll-house, dwelling-house, office, weighing-machine or other building, with the appurtenances thereto belonging to the Lessors,

and

5

and remove from the same the Lessee or Collector or other person found therein, together with his goods, and take possession thereof and of all property found therein belonging to the Lessors, and deliver the same to them or any person appointed by them for that purpose.

10.

let Tolls.

And be it Enacted, That upon such possession being obtained, it Power to reshall be lawful for the Company, having made such demise, to determine the lease (if any) previously subsisting, and the same shall accordingly be utterly void, except as to the remedies of the Lessors for payment of the rent due or in respect of any unperformed or 10 broken obligations or conditions on the Lessee's part, all which remedies shall remain in full force; and in every such case, either during such proceedings or on the termination thereof, the Company may again let the tolls to the same or any other person, or cause them to be collected in the same manner as if no such former lease had been 15 made relative thereto.

Provided always, and be it Enacted, That this Act shall not apply to any Canal or Navigation already incorporated or established by Parliament until a meeting of the Shareholders thereof shall have been duly convened, and it shall have been determined by a majority 20 of Two-thirds of the Shareholders in such meeting assembled to adopt the powers and provisions hereby granted, or such and so many of them as it shall at such meeting be determined shall be adopted, nor until public notice of such determination and intention shall have been inserted in the London Gazette and some other newspaper circulating 25 in the county wherein such Canal or Navigation, or some part thereof, shall pass, One Month at the least previously to the exercise of any such powers.

12.

And be it Enacted, That this Act may be amended or repealed by Act may be any Act to be passed in this present Session of Parliament.

amended this Session.