A BILL To empower Canal Companies and the Commissioners of Navigable Rivers to vary their Tolls, Rates and Charges on different Parts of their Navigations. [Note.-The Words printed in Italics are proposed to be inserted 5 10 15 20 HEREAS by divers Acts of Parliament various Canal Preamble. Navigable Rivers have been authorized and empowered to levy and And whereas by an Act of Parliament passed in this present Session, called "The Railway Clauses Consolidation Act," powers have been given to Railway Companies to vary the Tolls, Rates and Charges upon Railways, so as to accommodate them to the circumstances of the traffic thereon: And whereas greater competition for the public advantage would be obtained if Canal Companies and the Commissioners or Trustees of Navigable Rivers, which have already been or may hereafter be from time to time incorporated or established, or which are regulated under the Authority of Parliament, were to have the like powers granted to them in respect of their several Canals and Navigations, and other works connected therewith: BUT such beneficial purposes cannot. be effected without the Authority of Parliament; 1. Canal Companies authorized to vary their Dues on tions of their Canals. 5 10 Be it therefore 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, THAT from and after the passing of this Act, and subject to the provisions and limitations herein contained, it shall be lawful for the Company of Proprietors of any different por- Canal, or for the Undertakers, Commissioners or Trustees of any Navigation or Navigable River already or hereafter to be established or incorporated, or which is regulated under the Authority of Parliament, or for their respective Lessees, Committees of Directors or Managers, or their Superintendents or other Agents by them severally authorized, in such manner as may be required by their respective Acts of Incorporation, or for regulating such Canals or Navigations, from time to time to alter or vary the Tolls, Rates and Duties granted to them, or by them respectively authorized to be 15 levied and received for the use of their several Canals or Navigations, or any Branches therefrom, or any Railways or Tramways connected therewith, and made under the authority of such Ca nal or Navigation Acts respectively, either upon the whole or upon or for any particular portions of such Canals, Navigations, Branches, 20 Railways or Tramways, according to local circumstances, or the quantity of traffic or otherwise, as they shall think fit; and also from time to time to lower or reduce, and again to raise or advance such Tolls, Rates and Duties, and also any Tolls or Charges by them respectively authorized to be levied and received for any haulage, 25 trackage or other power supplied by them, either upon the whole or upon any particular portion of their said several Canals, Navigations, Branches, Railways and Tramways, as to such Companies, Commissioners, Trustees or Lessees, or their Committees of Directors, Managers or Superintendents respectively shall seem fit, anything in the 30 several Acts of Incorporation, or for regulating any such Canals or Navigations, contained to the contrary notwithstanding: Provided always, That in no case shall the Tolls, Rates, Duties and Charges to be at any time levied or made by any such Companies, Commissioners, Trustees or Lessees, for the use of any of such Canals, Navigations, 35 Branches, Railways or Tramways, or for the supply of any such haulage, trackage or other power, exceed the amount which they are by their said several Acts respectively authorized to levy or receive. 2. Tolls to be charged equally to all persons under the like circumstances. Provided always, and be it Enacted, That all Tolls, Rates and Duties for the use of any such Canals, Navigations, Branches, Rail- 40 ways or Tramways, shall be at all times charged equally to all persons, and after the same rate, whether per mile, or per ton per mile, or otherwise, in respect of all boats, barges and other vessels of a like description passing along or using only the same portion of the said Canal, Navigation, Branches, Railways or Tramways respectively, and 5 and upon all goods, animals, articles and things of a like description, and conveyed or propelled in a like boat, barge or other vessel, passing along or using only the same portion of the said Canal, Navigation, Branches, Railways or Tramways, under the like circumstances; and that all Tolls and Charges for haulage or trackage, or other power, to be supplied by any such Company, Commissioners, Trustees or Lessees, shall be at all times charged equally to all persons, and after the same rate, whether per mile, or per ton per mile, or otherwise, in respect of all goods, animals, articles and things of a like description, and con10 veyed in a like boat or vessel, drawn or propelled by a like power, and passing along or using the same portion only of any such Canal, Navigation, Branches, Railways or Tramways under the like circumstances, and no reduction or advance in any Tolls or Charges for the use of any such Canal, Navigation, Branches, Railways or Tramways, 15 or for the supply of any haulage, trackage or other power by the said Companies, Commissioners, Trustees or Lessees, shall be made either directly or indirectly in favour of or against any particular Company or person passing along or using the same portion only of such Canal, Navigation, Branches, Railways or Tramways. 20 25 Provided always, and be it Enacted, That this Act shall not apply to any Canal or Navigation, the property wherein is vested in Shareholders, until a meeting of the Shareholders thereof shall have been duly convened, in such manner as meetings are by their respective Acts of incorporation or settlement required to be called, or are usually called, and it shall have been determined, by a majority of Two-thirds of the votes of the shareholders in such meeting assembled, either in person or by proxy (where by such Acts of incorporation or settlement voting by proxy is allowed), to adopt the powers hereby granted, and where such Navigations are vested in Commissioners or Trustees, 30 without any body of Shareholders or Proprietors, until a special meeting of such Commissioners or Trustees shall have been duly convened, in such manner as special meetings are by the respective Acts for regulating such Navigations required to be called, and it shall have been determined by a majority of such Commissioners or 35 Trustees in such meeting assembled to adopt the powers of this Act granted, nor in either case, until public notice of such determination and intention shall have been inserted in the London Gazette and in some newspaper circulating in the county wherein such Canal or Navigation, or some part thereof, shall pass, One Month at the least 40 previously to the exercise of such powers, whereupon or immediately after the expiration of such notice every such Company, Commissioners, Trustees or Lessees, or their respective Committees of Directors or Managers, or their Agents by them duly authorized in manner aforesaid, may from time to time put in force and exercise the said powers, or any of them, in the manner by this Act authorized. 3. Act not to apply to existing until meeting Companies of Share holders called, and Notices inserted. 4. Saving Rights specifically reserved to Canal Companies and others by existing Acts of Parliament. 5 Provided always, and be it Enacted, That nothing in this Act contained shall be deemed or construed to deprive any Canal or Navigation Company, or the Trustees, Undertakers or Proprietors of any Canal, Navigation, or the Owners, Lessees or Occupiers of any lands, collieries, quarries, or other hereditaments adjoining or near to any of such Canals or Navigations, or the Overseers or Surveyors of the Roads of any parish, township or hamlet through which any such Canal or Navigation may pass, of any rights, privileges, exemptions or advantages, specifically and expressly secured to them by any existing Act of Parliament: Provided also, That where by any Canal 10 or Navigation Act or Acts now passed, the Tolls, Rates or Duties (whether Tolls per mile or Tolls in gross) upon any description of goods, animals, articles or things, or upon any boats, barges or other vessels which shall be navigated, carried or conveyed along any Canal or Navigation, or any portion thereof, and which shall pass into, out of or 15 along any such Canal or Navigation, or any portion thereof, from, into or along any other Canal or Navigation, Canals or Navigations, adjoining or communicating therewith, or any portion thereof, or from or to the junction or junctions with any such adjoining or communicating Canal or Navigation, Canals or Navigations, are or shall be 20 specially fixed, determined or limited, either absolutely, or with reference to the Tolls, Rates or Duties to be levied or received from time to time on goods, animals, articles or things, boats, barges or other vessels passing into, out of or along such Canal or Navigation, or any portion or portions thereof respectively, from, into or along 25 any other adjoining or communicating Canal or Navigation, Canals or Navigations, or from or to the junction or junctions, with such other adjoining or communicating Canal or Navigation, Canals or Navigations, or where in any such Act or Acts any special enactment or provision shall have been inserted for securing a rateable reduction 30 or advance of the respective Tolls, Rates or Duties to be levied or received from time to time on goods, animals, articles or things, boats, barges or other vessels, or on goods, animals, articles or things of the same description passing over, along, into or from any Canal or Navigation or several and distinct portions of any Canal or Navigation, into or along two or more adjoining or communicating Canals or Navigations, or from or to the respective junctions of two or more adjoining or communicating Canals or Navigations, no alteration or variation of the Tolls, Rates and Duties so specially fixed, determined or limited, or any or either of them, other than such alterations or variations as are respectively authorized to be made under the several Acts for regulating such Canals or Navigations as shall be made under the authority of this Act, without the previous consent in writing of the Proprietors, Trustees, Undertakers or Commissioners of the Canal or Navigation, or 35 40 of 5 of all the several Canals or Navigations on whose behalf, or for whose benefit, protection or trade, such Tolls, Rates or Duties may have been so specially fixed, determined or limited, or who may be mentioned in such special enactments or provisions, or of the Committee, Directors or Managers of the Company, Trustees, Undertakers or Commissioners, or respective Companies, Trustees, Undertakers or Commissioners of such Canal or Navigation, Canals or Navigations, which consents such Companies, Trustees, Undertakers and Commissioners, or their respective Committees, Directors or 10 Managers, are hereby authorized to give, either under their common seals respectively, or under the hand of their respective Clerks or Secretaries, although any such Companies, Trustees or Undertakers so consenting may not have adopted the other powers of this Act. 20 Provided also, and be it Enacted, That where in any Canal or 15 Navigation Act there shall have been inserted any special provision which shall be still in force and unrepealed, whereby the amount of the annual dividends, interest or profits to be shared or divided amongst the Proprietors or Shareholders of such Canal or Navigation shall have been limited not to exceed a certain per centage or amount, and the maximum of such per centage or amount shall have been attained at the time of the passing of this Act, it shall not be lawful for the Company of Proprietors, Trustees or Undertakers of any such Canal or Navigation to avail themselves of any of the powers of this Act, for the purpose of raising or increasing the 25 Tonnage Rates, Tolls or Duties which, on the First day of January immediately before the passing of this Act, were charged or levied upon any boats, barges or other vessels carried upon or passing along such Canal or Navigation, or any part thereof. 6. Provision for a General And be it Enacted, That nothing herein contained shall be con30 strued to exempt any Canal or Navigation from the operation of any t general Act regulating the manner of charging Tolls and other charges upon Canals and Navigations in respect of passengers, goods, animals, articles and things of a like description which may be passed in the course of any future Session of Parliament. 7. 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. |