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An Act to amend an Act to enable Canal Companies to become Carriers upon their Canals.
[22nd July 1847]
Modifications etc. (not altering text)
C1Short title given by Short Titles Act 1896 (c. 14)
C2Preamble (which recites Canal Carriers Act 1845 (c. 42) omitted under authority of Statute Law Revision Act 1891 (c. 67)
C3This Act is not necessarily in the form in which it has effect in Northern Ireland
The said recited Act shall be incorporated with this Act.
Prospective
It shall be lawful to the proprietors, trustees, and undertakers of any canal, river, or navigation who shall have in the manner provided by the M1 said Canal Carriers Act 1845 adopted the powers and provisions of the same to borrow on mortgage or bond, in the manner or as nearly as may be in the manner prescribed by the M2Companies Clauses Consolidation Act 1845, or the M3Companies Clauses Consolidation (Scotland) Act 1845, as the case may be, any sum or sums of money not exceeding in all at any one time one tenth part of the paid up capital stock of such proprietors, trustees, or undertakers respectively, and to apply the monies so raised to the purposes of the M4said Canal Carriers Act 1845, or any of such purposes: Provided always, that the monies so borrowed, shall not be applied to any other purposes whatsoever: Provided also, that the monies so to be borrowed, together with any monies otherwise borrowed by any such proprietors, trustees, or undetakers as aforesaid, shall not in all exceed one third part of the paid-up capital of such proprietors, trustees, or undertakers respectively; and that no mortgage or bond to be granted for any monies borrowed in virtue of this Act shall prejudice or affect any security previously granted for any monies borrowed by virtue of any other Act or Acts of Parliament relating to any such canal, river or navigation.
And for the purposes of this Act, such of the clauses and provisions of the Companies Clauses Consolidation Act 1845, and of the Companies Clauses Consolidation (Scotland) Act 1845, respectively, as the case may be, as relate to the borrowing of money by companies on mortgage or bond, and to the conversion of borrowed money into capital, shall be incorporated with this Act.
Nothing herein contained shall be construed to exempt any canal or navigation company who have adopted or shall adopt the powers of the said recited Act from the operation of any general Act regulating the manner of charging tolls and other charges upon canals or navigations in respect of passengers, goods, animals, articles, and things, of a like description, that may be passed in the course of this or any future session of Parliament.
Textual Amendments
F1S. 5 repealed by Statute Law Revision Act 1875 (c. 66)
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