The Sun.
London, England, 1848-11-29 00:00:00

KENDAL FELL ACT AMENDMENT.
(To repeal, wholly or in part, the existing Act, and to
am, ,d and extend the samo, or make other provisions in lieu
thereof. To authorise the granting and confirming of Building
Leases, and Leases of Quarries, and the Sale of Limestone and Lime,
and the making of Sales and Exchanges of the Lands and Buildings
Vested in the Trustees. To authorise the appropriation of the In-
come of such Lands and Buildings to certain public purposes. To
grant numerous Powers for the Improvement of the Borough. To
anthorise the making of Bye-lawl for regulating the Public
gnetries, and for other purposes. To better define or alter the
Qualification of the Trustees and Electors. To amend the provisions
of the existing Act as to Rating, and to authorise the levying of
Bates for Lighting the borough, and for other purposes. To authorise
a transfer of the Trustees' Powers and Property to the Corporation,
and to grant to the Trustees, and also to the Corporation, other
Powers.
Notice is hereby given, that Application is intended to be made to
Parliament in the session, for leave to bring in a BILL, or Bills,
to repeal, alter, amend, extend, and enlarge some of the powers and
Provisions of an Act passed in the 7th year of the reign of his
Majesty King George the Third, intituled "An Act for incl ising a
Piece of waste ground in the borough and township of Kirby-in-
Benda!, for the benefit of the poor ; and for cleansing and enlighten-
ing the streets of the said town ; and for confirming a rule or order
of Assize, and order of the High Court of Chancery, relating to rates
[OA assessments to be raised for the relief of the poor by the in-
habitants of the said township, and the owners of lands called
'The Park and Castle Lands,' or wholly to repeal the said
Al-et, and to make other provisions in lien thereof." And
d is intended by the said Bill or Bills to grant to the
trustees acting in the execution of the said Act, power to grant
building leases of the lands inclosed under the said Act, and of other
the lands now vested in the said trustees, or held and applied by
-them for the purposes of the said Act, for any term of years, or for
any life or lives, er for any term of years determinable on the drop-
ping of a life or lives, and either with or without a premium, and at
such rent or rents, and upon such terms and conditions, and with
such Powers as to the disposition and appropriation of the lands to be
comprised in such leases, and with such other powers and provisions
as the said trustees shall think proper. Also powers to let or grant
leases for any term, not exceeding twenty-one years, of any part of
'the said lands not used as public quarries, for the purpose of quar-
rying and getting and burning lime-stone, and disposing of lime-
stone and lime. Also powers to enter Into contracts for leases, and
.to alter, release, or renew each contracts, and to accept sur-
renders of leases, and to grant other leases in lieu thereof, or of
lands, the leases of which may have been avoided by re-entry. Also
Dowers to the Trustees to get, burn, and sell lime-stony and lime,
for the purposes of the said Bill or Bills, out of any part of
the lands vested in the said trustees. Also powers to convey in ex-
change any parts of the said lands, or of any lands to be acquired by
the said trustees for any lands, and to pay or receive money for equa-
lity of exchange. Also powers to sell for chief rents, or for sums in
gross, any pert of the said lands now or hereafter to be vested in or
ireld by the said trustees, and to lay out the moneys (except chief
rents) to be produced by such sale, and any moneys to be recived for
equality of exchange in the purchase of other lands to be settled to the
same uses, or to apply suck moneys in carrying_into execution any of
the objects and purposes to be authorised by the said Bill or Bills,
•and in the meantime to invest any portion of such moneys which
'nay not be authorised to be applied fer the general purposes of such
gill or Bills in any public securities at interest. And it is also in-
,tended by the said Bill or Bills to alter the appropriation
.of the
surplus rents and other moneys arising from the said lands, which
xarectindoar
inaeplupldingicable in aid of the poor-rate for the township of
the Park and Castle Lands, and to authorise the
application of such mats and other moneys, or any part thereof,
tcolentthe maintenance of fire-engines, pipes, water-plugs, and
other machinery, and also to the maintenance of a sufffs
body of firemen for the management raid use of such en-
_glues ; and also to anthorise tire_ a_arsawrisition_rof any- part-or the
-"lite rents and Moneys in' payment of the expense of constructing
s4,,ters within the borough of Kendal, or any part or parts
r,Asereof, or in aid of the expense of carrying out any sanitary or
...`""et Public object or improvement within the said borough, or
-uherPart or parts thereof, whether the same may be effected by the 1
said trustees, or by the council of the said borough, or by any
orholy or persons, or in payment of the expense of effecting all
any of the objects and purposes to be authorised by the said Bill
Or Bills, including the expense of and incident to the application for
ba:Ado Passing of such Bill or Bills, or for or towards all or any of the
re- mentioned objects and purposes. And it is -also intended
;the said Bill or Bills to extend to the said borough,
r Borne parts thereof, some of the powers and provisions Tho
oWns Improvement Clauses Act, 1847," and to give. to the said
trustees, or to the body corporate or council of the said borough,
Powers to cause the streets, roads, lanes, and other public
and Private ways and places within the said borough, or within
any Part or parts thereof, to be named, and the houses therein
be numbered. Also powers to improve the streets, roads,.lanes,
end other public and private ways, and places within the said bo-
ugb, and to cause projections and obstructions within the said
borough to be removed, and doors to .be made to open inward.,
Itild coverings for cellar doors to be provided, and water-spouts
be affixed. Also powers to cause ruinous or dangerous build-
-3
Tg to be taken down or secared, and hoards to be set up
daring
e repairs, and deposits of building materials or excavations to
s lighted, and dangerous places to be repaired or inclosed. Also
„
r„W,ers to cause fire places of factor es of every kind, and of steam-
!gdies, to consume their own smoke, and party walls of houses
.fird buildings to be constructed so as to prevent the spread
Zsde. ALso powers to regulate the construction and ventila-
_ n of buildings intended as places for public meetings. Also
Po to contract for lighting the streets, roads, lanes, and other
Public and private ways and places within the said borough. Also
_ZWers to establish and maintain places for public recreation and
venience, and for public bathing places, baths, wash-houses, and
ing grounds, with proper cooveniences thereto respectively,
to appropriate any parts of the lands vested in the
7-sto trustees for sites for such places and buildings. Also powers to
i;snake, regulate, and recover charges for the use of such places and
Pisces, baths
and to sell such places of recreation, bathing
.-"es, baths and wash-houses, or any of them.. Also powers to
Prevent the deposit of nuisances and obstructions In the bed of the
sover Kent, and of any of the waters running into the said river, or
b°salaal the removal thereof. Also powers for the trustees to esta-
,, sh and maintain public lime kilns at the public quarries on the lands
feasted M the said trustees. And also powers for the said trustees, and
rsr the body corpora or councl of the said borogh, as the case may
to enter upon any lands for any of the puruposes to be autho-
4ed dbY such Bill or Bills. Also powers to purchase, by compulsion
'DJ otherwise, any lands or homes which may be required for the
rirPoses of such Bil or Bills. Also powers to the said trustees, or to
e'Le body corporate or council of the said borough, as the
le, taaY require, to execute any works which they may have re-
Zed the owner or occupier of any house or land to execute, and
co: InaY have neglected to execute the same. Also powers to re-
_ ser the expenses of such works from the owner or occupier,
ni to define the liabilities of such owner and occupier respec-
,strehslY, and to compel occupiers to permit owners to execute the
b.) ordered by the trustees, or body corporate or council of the
r"ghl as the case may be. And it is also intended by the said
Ot Bills to extend all the powers and authorfties contained in
Ass"e said
'infer existing Act, and also all the powers and authorities to be
red by such Bill or Bills, if it shall be so thought fit, to the
Ole of the municipal borough of Kendal as enlarged, extended,
03-7 defined by the Act to provide for the regulation of municipal
Porations in Enand and Wales, and the Act for making tempo-
'dY, provisions fort he boundaries of certain boroughs.
-o.na i •
tawalso intended by the said Bill or Bills to anthorise the
essa tustees, or the body corporate or council of the borough, as the
bos„,,,_4Y require, to levy and raise within the whole of the said
d`"4ll, or within any districts or parts thereof, new or additional rates
assessments for lighting the said borough, or any part or parts
hereof, and for carrying into execution such of the powers and au-
sheeriaPes as by the said recited Act are directed to be defrayed out of
Cl" Odin.; and cleansing rate thereby authorised, and also for the
Pese of paying off and discharging the debts owing by the said trus-
„,:p and now charged upon or liable to be paid out of the said lighting
cowislseleanslng rate, and also for the purpose of defraying the several
am, and expenses by the said proposed Bill or Bills to be directed or
t OriSed to be paid out of the rate or rates to be thereby authorised
~se. be assessed and levied within the said borough, or any part or
nrts thereof, and to grant exemptions from the payment of the
Whole or any part of the ex;sting or of such intended rate or rates.
And it is also intended by the said Bill or Bills to take powers to
'evY tolls, rates, or duties, and to alter existing tolls, rates, or du-
ties,
of tolls, rates, and to confer, vary, and extinguish exemptions from payment
or duties, and to vary, limit, and extinguish any rights
privileges existing over the lands now vested in the trustees, or
any part thereof, which may be at variance with the
r
provisions of the proposed Bill or Bills, and to confer, vary, extla-
guish other rights and privileges ; and to Incorporate in the said Act
or Acts all or any of the clauses and provisions of " The Towns Im-
provement Clauses Act, 1847," with respect to the manner of making
rates, With respect to the appeal to be made against any rate, and
With respect to the recovery of rates.
And it is also intended by the said Bill or Bills to give to the said
trustees power to make bye•laws for regulating the public quarries,
gravel, sand, and clay pits on the said lands vested in the said
trustees, and for preventing any person working the same without
due aathority, or in an improper manner, and from removing
stones, gravel, sand, • clay, limestone, or lime therefrom,
beyond the _limits of the townships of Kendal, Kirkland,
and Nethergraveship, except upon payment to the trus-
tees of certain rates to be fixed by such bye-laws; also to give to the
said trustees, or to the body corporate or council of the said
borough, as may be deemed expedient, powers to make bye-laws
for regulating the use of the places for public recreation, and of the
Public bathing places, baths, and washhouses, and for regulating
the firemen and the use of the fire-engines ; and to give to the said
trustees and body corporate, or council respectively, powers to im-
Dele Penalties fbr the breach of the bye-laws made by them re-
lilieetively, and to incorporate in the said Bill or Bills, in reference
T 2 such bye-laws, the powersctively,
of the said Towns Improvement
‘aittises Act, with respect to the making of bye-laws.
And it is also intended by the said Bill or Bills to authorise the
tes.ld trustees to borrow money by way of mortgage, at interest, or
,J_,WitY of annuity upon the said lands so vested in or held by them,
tied of the rents and profits thereot, or of any part thereof respec-
and also saidtho the said trustees, or the body corporate
Zn spuneil of the borough, as the case may require, to borrow
the sY bY way of mortgage, at interest, or by war of annuity, upon
0,„ credit of all or any of the rates to be levied under the authority
urt` der said Bill or Bills, and to apply the moneys so to be raised
;„„.anY such powers, to all or any of the purpose to be autho-
,;-;.7 such Bill or Bills, as the trustrees or body corporate or
respectively shall think proper, and to provide out of such
"k!'ists or rates a sinking fund for paying off the principal money so to
be
liedoorrowe on the credit thereof respectively. •
and it also intended by the said Bill or Bills to define, or alter
eiee;ln_end the qualification of the said trustees, and the mode of their
logs and appointment, and their duties, powers
thennd:proceed-
Of D;„„aull also to define, or alter, and mend qualification
sod t`,4es entitled to vote in the election of such trustees,
so
lie
Mode of voting, and to alter, vary, or extinguish all or
or sonie the existing Powers of the said trustees, and to eonfor all
saki of the existing powers, rights, privileges, and duties of the
bed_ trustees, and also the properties now vested in them, upon the
44 t'porate or council of the said borough of Kendal.
lam tr.s.d is also intended by the said Bill or Bills to authorise the
ter IW'tee-s, At a meeting to be called for that purpose, to trans-
DWers Writng. Under their hands and seals, all or any of the
utllnoduegrui rights, privileges, and duties , and also if it shall be so
vslit. all the properties now vested in them as such trustees,
Proposeesid existing Act, and to be vested in tbem by the said
rough, or Bills, to the body corporate of the said bo-
saki bottlemorder that the said body corporate, by the council of the
Powersr_sh, may become the trustees for executing the several
thslue Previsions of the said existing Act, and of such Bill or
obtained. consent of the council, to such transfer, being previously
Ana
Of thn _ also Intended by such Bill or Bills, in the event of any
in tilos' Toilers to be conferred thereby, being conferred on or vested
the coujereorPorate or council of the borough, to authorise
fund
al,' of the borough to pay the expense of
perAnatd it'
.und or or any such powers into execution out of the Borough
li)orough, or any rate to be made or levied in aid thereof.
3 also Intended by the said Bill or Bills to incor-
COMei—.herein the eral powers d provisions of
an sSuetlers'
as Clauses
Clause, Consolidation Act, 1847 ;" " The
nirirooementses Consolidation Act, 1845 ;" • " The Towns'
clauses Clauses Act, 1847 ;" and " The Towns' Police
cts, Ass..-et, 847," or such of the powers and provisions of the said
stonyol•4adltite: anY of them, as may be deemed necessary or expedient.
0;23 also intended to repeal, vary, or alter the powers or provi-
any Act or Acts which it necessary to repeal, vary,
or the r effecting all or any of theobjects and parposes aforesaid,
else Of the
Powers provisions of which would interfere with the exer-
Juld It , to be conferred by the said Bill or Bills.
powers,
.13,r_also intended by the said Bill or Bills to • confer other
existing r? P,ta, and Privileges, and to alter, vary, and extinguish
List.. the and Privileges.
Listed tenth day of November, 1848.
E. W. SCOTT, Kendal,
Solicitor for the Bill.

CALEDONIAN and EDINBURGH and GLAS-
C4°W RAILWAYS (Lease of Scottish Midland Junction Rail-
Way) tILL
Roti •
Peru ce is hereby given that application is intended to
Caledonian
DZ37sy Corapany, and the Edinburgh and Glasgow Railway Com-
lirer4° take en lease the Scottish Midland Junction Ra.lwayn, and the
d to ac-
(Mire cfailways, works, and property connected therewith,
1...,_ e or some of the rights and powers now, or which may hereafter
..-.7 ;rested in the Scottish Midland Junction Railway Company; and to
lease:li wer the Scottish Midland Junction Railway Company to grant
'
and a tran f
to the Caledonian
Raliwa s erence of the said rights and powers .
work.s, and property,
Y Cs
and the Edinburgh and Glasgow Railway Corn-
PanY, on an la
other c terms, and for such guaranteed rent or dividend, or
d upon
amens coiesieratioa, as shall have been, or may be, agreed
t nded
Act , the said Companies, or as may be fixed by the said in e
in .
ageeemand to enable the said respective Companies to enter t
.brattch railw
railvveyants antong thetnselves in relation to the lease of the said
of the V,
or and property, and the transference
meat 1 rights end Power and as to the transmission, manage-
and the4idi conduct of the traffic on their respective undertakings,
themselv Ives or among
trame visi"
and aPPortionment among themse ,
es and others Interested therein, of the proceeds of such
urea
in, and to confirin any agreements which may have been e
ference tt°
1 und
it all all or any of the
Previous to the passing of the said intended Act, with re-
is also intended by
the c 1 purposes hereinbefore mentioned.
such Act se to be applied for to enable
Railwaya edonian Railway Company and the Edinburgh and Glasg :Wi
Gn. alf CariaPanY t° dz, levY, and receive the tolls, ratea, and
.dutie.
and
branch
use of the said Scottish Midland Junction Railway., confer, vc railways, and works connected therewith, and also to
toll., rater'arY, or extinguish exemptions from the payment. of such
and pr.., and duties, and to vary or extinguish all existing rights
aforesajduegea which may in any manner interfere with the objects
And fe•rald to confer other rights and privileges.
oAct to - \QS above and other purposes it is intended by the said
re
130c:ter
sand amend, an i so far as necessary to repeal, some of
era poo of the several Acts hereinafter mentioned,
1845,. of them, that 1$ to say, " The Caledonian Railway Act,
Co and the several other Acts relating to the Caledonian Railway
torie,anY via, local and personal Acts, 9 and 10 Vic-
Vletori Chapters 130, 22,a, 249, 314, 329, 379, and 395 ; 10
iria, chapters 22, 23, and 24 ; 10 and 11 Victoria, chapters 75, 82,
~161,172 and 37 ; and 11 and 12 Victoria, chapters 73, 78, and
the first a Actd PassaB in the session of Parliament held is
sent Ma' ta Je intituied,
second years of the Reign of her pre-
from
..,Edinburgh to "An Act for - making a Railway
Glasgow, to be called the Edinburgh and Glasgow
Railway, With a branch to Falkirk," and the several other Acts re-