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CANAL CARRIERS ACT 1845

CANAL CARRIERS ACT 1845 - LONG TITLE

An Act to enable Canal Companies to become Carriers of Goods upon
their Canals.{1}
[21st July 1845]
Preamble rep. by SLR 1891

CANAL CARRIERS ACT 1845 - SECT 1
Canal companies may carry goods on their own canals, or canals
communicating therewith, as common carriers, &c.

1. It shall be lawful for the company of proprietors, trustees, or
the undertakers of any canal, river, or navigation, or their
respective committees, directors, or managers, or their superintendents
or other agents by them duly authorized, to carry as common
carriers for their own profit upon their respective canals, rivers,
or navigations, or upon any railways or tramways belonging thereto,
and constructed under the powers of their respective Acts of
Parliament, or upon any other canals, rivers, or navigations
communicating therewith, either directly or by means of any
intermediate canal, river, or navigation, all such goods, wares,
merchandise, articles, matters, and things as may be intrusted 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, warehousing, and delivering such goods, wares,
merchandise, articles, matters, and things, as to any such company
or undertakers 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 or undertakers are
now authorized to take for the use of their said canals,
navigations, or railways.

CANAL CARRIERS ACT 1845 - SECT 2
Companies using steam boats on canals of other companies to be
subject to the byelaws and regulations of such other companies.

2. Provided always, that any such company, commissioners, trustees,
or undertakers using or employing any steam power for propelling, by
means of paddle wheels, boats, barges, vessels, or rafts, upon any
canal, river, or navigation, (other than their respective canals,
rivers, and navigations,) shall use and employ the same subject to
such bye laws, rules, and regulations touching the construction,
dimensions, power, rate of speed, and otherwise, of such boats,
barges, vessels, or rafts so propelled by steam as aforesaid as the
directors, commissioners, or undertakers of the canals, rivers, and
navigations respectively on which such last-mentioned boats, barges,
vessels, or rafts shall be used and employed shall see fit to make
and publish in that behalf, and they are hereby authorized and
empowered to make and publish such bye laws, rules, and regulations,
and from time to time to add to or amend the same, as need may
require; but it is hereby expressly provided and enacted that any
bye laws, rules, and regulations so to be made and published shall
be made equally applicable to and binding on all companies and
persons so using such last-mentioned boats, barges, or other vessels.

CANAL CARRIERS ACT 1845 - SECT 3
Companies may provide boats and power for hauling and tracking
vessels.

3. It shall also be lawful for any such company, trustees, or
undertakers 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, rivers, or navigations,
or upon any other canals, rivers, or navigations communicating
therewith, either directly or by means of any intermediate canal,
river, 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, directors, or managers of such canals or navigations, or
as shall be agreed upon between them and any person desiring the
use of any such boats or vessels, or requiring such hauling,
tracking, or towing.

CANAL CARRIERS ACT 1845 - SECT 4
Tolls, &c. to be charged equally to all persons.

4. Provided always, that all charges to be made by any such
company for the carriage of any such goods, wares, merchandise,
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
otherwise, in respect of all goods, wares, merchandise, 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, either directly or indirectly, in favour of or
against any particular company or person passing along, or using, or
sending goods, wares, merchandise, articles, or things along, the
same portion of any such canal or navigation under the like
circumstances.

CANAL CARRIERS ACT 1845 - SECT 5
Company may sue and be sued as carriers, and may prefer
indictments.

5. 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; 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 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.

CANAL CARRIERS ACT 1845 - SECT 6
Provisions in force relating to common carriers to apply to such
companies.

6. Provided always, that nothing herein contained 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 common 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.

CANAL CARRIERS ACT 1845 - SECT 7
Companies may contract with other canal companies.

7.... Notwithstanding any thing in this Act or in any of the said
Acts for establishing or incorporating the said companies contained,
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, or the commissioners or undertakers thereof
respectively, (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 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 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 any other contract with any other canal or navigation company
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.

CANAL CARRIERS ACT 1845 - SECT 8
Companies may lease their tolls.

8. It shall be lawful for any such canal or navigation company,
from time to time, by lease, to take effect in possession within
six 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, to any other
canal or navigation company, (and which lease such other canal or
navigation company is hereby authorized to accept and enter into),
for any period not exceeding twenty-one years from the 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
fourteen days prior to the meeting of the directors or managers at
which it shall be intended to let such tolls.

CANAL CARRIERS ACT 1845 - SECT 9
Lessees to be deemed collectors.

9. 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 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.

CANAL CARRIERS ACT 1845 - SECT 10
Lessee making default to be removed.

10. If any such lease shall become void or 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
company 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, belonging
to the lessors, 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.

CANAL CARRIERS ACT 1845 - SECT 11
Company may in such case determine lease;

11. Upon such possession being obtained, it shall 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 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 made relative
thereto.

CANAL CARRIERS ACT 1845 - SECT 12
Act not to apply until a meeting of shareholders, or until owners
have determined to adopt it, and notices have been duly published.

12. Provided always, that this Act shall not apply to any canal or
navigation the property wherein is vested in shareholders, nor shall
the powers of leasing herein-before contained be exercised by any
such canal or navigation company, 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 and
provisions hereby granted, or such and so many of them as it shall
at such meeting be determined shall be adopted, or to grant or
accept any such lease, nor to any canal or navigation the property
wherein is vested in one or more owner or owners, proprietor or
proprietors, unless the owner or owners, proprietor or proprietors
thereof shall determine to adopt the powers and provisions hereby
granted, nor in either case until public notice of any such
determination and intention shall have been inserted ... in the
[Belfast Gazette] in respect of canals or navigations in Ireland,
and in some newspaper circulating in the county or counties wherein
such canal or navigation, or some part thereof, shall pass, one
month at the least previously to the exercise of any such powers,
whereupon, or immediately after the expiration of such notice, every
such company, or their respective committees, 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.

CANAL CARRIERS ACT 1845 - SECT 13
Act not to exempt canal companies from any general Act.

13. Nothing herein contained shall be construed to exempt any canal
or navigation company who shall adopt the powers of this 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, which may be passed in the course of any future
session of Parliament.

S.14 rep. by SLR 1875