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ERNE NAVIGATION ACT 1792
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CHAP. XIII.
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An Act to explain and amend an Act passed in the Twenty-ninth Year of His Majesty’s Reign, Entitled, An Act for the Promotion and Encouragement of Inland Navigation, so for only as respects the Navigation from Belturbet, by Lough-Erne to the Sea, and to constitute certain persons therein named, a Corporation for the Purpose of carrying on and completing said Navigation.
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Recital 29 Geo. 3.33.2.
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if the persons who presented a petition to commons in session 1789, for aid as herein, shall before 24 June next, comply with terms prescribed by 29 G. 3. they shall be entitled to all benefits, &c.
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WHEREAS by an act of Parliament passed in the twenty-ninth year of the reign of his present Majesty, entitled, An act for the promotion and encouragement of inland navigation, it was among other things enacted, That debentures to the amount of five thousand one hundred pounds, bearing an interest of four pounds per centum per annum, should be issued to such persons as then were or should become undertakers for completing a navigable canal from Belturbet by Lough-Erne to the sea, pursuant to their petition presented to the house of commons in the then session of Parliament, and that no such subscribers or undertakers respectively, as in the said act of Parliament mentioned, should be entitled to any such debenture, or to any benefit whatsoever under the said act, who should not have deposited with the governor and company of the bank of Ireland, one-tenth part of their respective subscriptions or government securities for such tenth-part, or any proportion of the same, such subscriptions respectively, being double the sum for which such subscribers or undertakers respectively were by the said act entitled to receive debentures, and that such deposits should be made by such subscribers or undertakers respectively, within six calendar months after the twenty-fourth day of June then next, subject amongst other provisoes and conditions in the said act mentioned, to the forfeiture of one moiety of such deposite, or of such part thereof as should not have been expended on said work, within eighteen calendar months after such deposite should have been so made, to his Majesty, his heirs and successors; and whereas the undertakers for completing said navigable canal, from Belturbet by Lough-Erne to the sea, named in their said petition presented to the house of commons as aforesaid, have made their respective deposites with the governor and company of the bank of Ireland, in conformity to said in part recited act of Parliament, but from unforeseen accidents, have been prevented from commoncing the work: and whereas it will be highly beneficial for that part of the kingdom, that said navigation should be completed on its original plan, be it enacted by the King’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 in case the persons who in said sessions of Parliament, presented the said petition to the house of commons for aid towards carrying on and completing said work, or any of them by themselves or jointly with others, shall before the twenty-fourth day of June next ensuing the passing of this act. commence said work, and expend thereon the amount of said deposite, and comply with, and perform the several other terms and conditions in the said recited act mentioned, they and their assigns shall be entitled to, and have, receive, and enjoy all and every such aid, bounty, benefits, privileges, and advantages, as they would have been entitled to, if they had complied with, and performed the terms and conditions in the said act in that behalf mentioned and contained.
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Persons herein named, and all others who shall have any shares in stock to form a body politick and corporate for carrying on Navigation from Belturbet by Lough-Erne to the sea.
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II. And be it further enacted by the authority aforesaid, That the right honourable William Willoughby, carl of Ennitkillen, the right honourable Ralph carl of Ross, the right honourable John earl of Erne, the right honourable William Conyngham, sir John Caldwell, baronet, Blaney Townly Balsour, William Barton, Gorges Irwine, Irwine Johnston, esquires, and the reverend doctor saint George, the persons named in said petition presented to the house of commons, and their assigns, and all such other persons as now have, or hereafter shall have any share or shares in the joint stock herein after mentioned, shall be one body politic and corporate, in deed and in name, and have continuance for ever, for the purpose of carrying on and completing said navigation from Belturbet by Lough-Erne to the sea, and for the making such navigable cuts and off-branches as they shall think fit, by the name of the Lough-Erne and Ballyshannon navigation company, and shall have perpetual succession, and a common seal, and by that name may sue and be sued.
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15,300 capital; 5,100l. granted by 29 G 3. and 10,200l. subscribed by undertaken.
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III. And be it further enacted, That the capital stock of the said company shall be the sumof fifteen thousand three hundred pounds, that is to say, the sum five thousand one hundred pounds, granted by the aforesaid recited act, and the sum of ten thousand two hundred pounds, subscribed by the said undertakers, pursuant to their said petition presented to the house of commons.
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Company may receive further subscriptions, and encreate stock.
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IV. And be it further enacted, That it shall and may be lawful for the said company, by any act or acts to be passed at any general meeting or meetings of the said company, to open any further subscription or subscriptions, and thereby to raise any further sum or sums of money which they shall find necessary for the purpose of carrying on and completing the said work, which further sums when subscribed, shall be added to, and become a part of the joint stock of the said company.
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Company to enjoy like power as at close of this session, vested in corporation for promoting inland navigation &c. &c.
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V. And be it further enacted, That the said company be, and are hereby invested with, and that they shall from henceforth hold and enjoy all and every the like powers, privileges, advantages and authorities, in all things whatever, for the purpose of carrying on the said navigation and off-branchcs in manner aforesaid, as shall at the close of this present session of Parliament, be vested in the corporation for promoting and carrying on an inland navigation in Ireland, and in the company of undertakers of the grand canal, and in the royal canal company, in as full and ample manner, as if all and every the said powers, privileges, advantages and authorities, and all and every covenant and clause relating thereto, in any of the said acts contained, were enacted in this act, any thing herein to the contrary notwithstanding.
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Commissioner of imprest accounts to allow expences, as herein.
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VI. And be it enacted, That the said company shall be allowed by the commissioners of imprest accounts, as part of the expenditure which is to entitle said company to the debentures authorized by the said act, of the twenty-ninth year of the reign of his present Majesty, to be issued on the terms therein mentioned, the expences of procuring and passing this and the said act, and of any other act relating to any other navigation or canal, in which said company are, or may be concerned or interested, and also of their charter of incorporation, any law to the contrary notwithstanding.
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Persons sued, may plead the general issue.
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VII. And be it further enacted, That if any suit shall be commenced or prosecuted against any person or persons, for any thing which shall be done in pursuance of the powers, privileges, advantages, and authorities granted by this act, such person may plead the general issue, and give the special matter in evidence, and that this act shall he deemed and taken to be a public act.
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