Manchester Ship Canal (Various Powers) Act 1890
Relevant sections of this act (or descriptions of a section) are transcribed below. Whilst efforts have been made to avoid errors, it's possible some have been made (the copies of the Act available are fairly poor reproductions).
A copy of the Manchester Ship Canal (Various Powers) Act 1890 is available here. This section should be read alongside a copy of the Act.
Where possible, capitalisation, italicisation, grammar and punctuation (or lack of) have been copied exactly.
- 2, 10:
And whereas among the works which constitute the Canal Undertaking as so authorized are the works specified in the Act of 1885 by the following numbers (that is to say) :-
Number 35. - An opening bridge in the township of Rixton-cum-Glazebrook to carry the Rixton and Warburton Road over the Canal;…
And whereas it is expedient that the Company be authorized to abandon the construction of the said works numbered respectively 25, 36, 37 and 39 and to make and maintain the substituted and other works by this Act authorized :
And whereas it is expedient that the Company be authorized to make and maintain the New Cut in the Bridgewater Canal and the new Branch Canal hereinafter described:
And whereas the "Rixton and Warburton Bridge Company" (in this Act called "the Bridge Company") incorporated by "The Rixton and Warburton Bridge Act 1863" under the powers of that Act and "The Rixton and Warburton Bridge Amendment Act 1867" raised a capital in shares of seven thousand pounds and borrowed and now owe on mortgage the sum of one thousand five hundred pounds and constructed a road with an iron bridge across the River Mersey and level tolls for the use thereof which road was by the Act of 1885 authorized to be carried over the canal by the said Opening Bridge Number 35 and it is expedient that the Company be authorized to divert the said road and to carry the same over the canal by a fixed bridge in lieu of the said Bridge Number 35 :
And whereas the Bridge Company for some time past have not paid any interest on their mortgage debt:
And whereas it is expedient that the Agreement between the Company and the Bridge Company for the transfer of the said road and bridge Undertaking to the Company set forth in the Schedule to this Act to be confirmed :
And whereas it is expedient that the Company should be authorized to levy tolls rates an charges for the use of any railways or tramways they may lay on their quays : …
A. 6 … The Company may execute the following works and exercise the following powers in the following places (that is to say):-
…
…In the township of Rixton-cum-Glazebrook in the parish of Warrington:-
(A.) They may divert so much of the public road known as the Rixton and Warburton Road authorized by "The Rixton and Warburton Bridge Act 1863" as lies between its junction with the said Warrington and Manchester Road and the iron bridge which carries the first mentioned road over the River Mersey;
(B.) So soon as they have completed the said diversion and opened the same to the public the Company may extinguish all public rights of way over that road between the said commencement and termination of the said diversion ; and
(C.) They may abandon the construction of the opening bridge authorized by the Act of 1885 as Work Number 35 ; …
<A.8 below gives context>
- 8 The said New Cut and Branch Canal shall for all purposes (including the levying of tolls rates and charges) constitute part of the Bridgewater Canal
- 9 The said diversion of the Rixton and Warburton Road shall for all purposes (including the levying of tolls rates and charges) be substituted for the portion of the existing road so diverted)
<A.9 states 'Road' - specifically it does not mention 'Bridge' with respect to the new Cantilever Bridge; A.8 above helps show the intent >
- 15 (page 19) - Every new or diverted road or footpath constructed under the powers of this Act shall be repaired and maintained by the Body or persons who repair and maintain the highways of the township or district in which such new road will be situate and every substituted road or footpath constructed under the powers of this Act shall vest in and be repaired by the same Body or persons as are now liable to repair and maintain the existing road or footpath for which it is substituted. Provided that unless otherwise agreed the structure of every bridge and the immediate approaches thereto and all other necessary works connected therewith shall be repaired and maintained by the Company. The Company and any such Body or person may enter into and fulfil agreements for an in relation to such construction and for or in relation to the repair and maintenance of all or any of such new diverted substituted or existing roads or footpaths. Any such agreements shall be deemed to be purposes of the Public Acts under which such Body or person have jurisdiction and any expenses incurred in relation to such agreements shall be deemed to be expenses incurred for the purposes of those Acts.
- 18 - Notwithstanding the abandonment by the Company of the said works numbered 35 36 37 38 and 39 as aforesaid the Company may retain and use for the purposes of the works authorized by this Act or for the general purposes of their Undertaking all lands already purchased under the provisions of the Act of 1885 or contracted to be purchased by the Company or in respect of which the Company have given any notice to treat or on which the Company have already entered under the provisions of the Act of 1885 for the purposes of the said works respectively
- 28 - covers operation, opening & closing times of the swing bridges
- 35 - the Directors of the Bridge Company my exercise all necessary power for winding up the affairs of the Bridge Company and as soon as their affairs have been wound up and all their debts and liabilities paid or satisfied the Bridge Company shall be by virtue of this Act dissolved.
(schedule - transfer of ownership - still to be transcribed)