« EelmineJätka »
to be done; and the said Assistant Commissioner shall receive and hear all such Evidence as may be offered to him in relation to the several Matters aforesaid.
VIII. And be it enacted, That the Assistant Commissioner Assistant Comappointed as aforesaid shall report his Opinion on the proposed report to ComDrainage or Improvement, and on the Objections thereto, with missioners, who the Evidence taken by him at the Meeting or Meetings (if any shall consider shall be held as aforesaid), or otherwise, to the Commissioners, Drainage. and the Commissioners shall consider the proposed Drainage or Improvement, and such Objections as may have been made thereto, and may make further Inquiries, and take further Evidence in relation thereto, if they shall think fit; and in case they shall be of opinion that such Drainage or Improvement may be effected without material Detriment to the Lands proposed to be cut through or affected, or that the Damage to the Lands so proposed to be cut through or affected may be adequately and effectually compensated under the Provisions of this Act, they may allow such Works according to the Proposal in such Memorial contained, or with such Alterations therein as they may think fit; and it shall be lawful for the Commissioners, by Commissioners an Order under their Seal, to authorize the Persons by whom may, by Order such Application shall have been made, or any of them, or any other Person or Persons to be named or described by the Commissioners in such Order, to execute the proposed Works, as the same shall have been allowed as aforesaid, within a Time to be limited in such Order; and such Order, or some Plan thereunto annexed, shall specify or describe the Works thereby authorized to be executed; and the Person or Persons authorized in this Behalf by such Order, or the Person or Persons who shall be authorized by any supplementary Order of the Commissioners, shall have full Power to execute the Works in such Order specified and authorized according to the Terms and Intent of such Order, and to maintain such Works for ever thereafter, subject nevertheless to the Provisions herein-after contained, and making Compensation, to be ascertained in manner hereinafter mentioned, to all Persons, for any Damage occasioned to them by the Exercise of the Powers granted by such Order, or any of them.
Seal, authorize the Execution of the proposed Works as al
lowed by them.
Lands for that
IX. And be it enacted, That it shall be lawful for the Person Persons authoor Persons authorized as aforesaid to enter into and upon any rized to execute Works may Land in the Order of the Commissioners, or the Plan thereunto enter upon annexed, described or shown, and in conformity with the Terms of such Order, but not otherwise, to widen, straighten, deepen, Purpose. divert, scour, or cleanse any River, Stream, Ditch, or Drain, Brook, Pool, or Watercourse, and to make, open, and cut any new Watercourse, Side Cut, Ditch, or Drain, and to alter or remove any Bank, Sluice, Floodgate, Clough, Hatch, Weir, Dam, or other Obstruction, and to make or erect any Bank, Sluice, Floodgate, Hatch, Ditch, Drain, Tunnel, or other Works necessary or convenient for Drainage or for warping, and to dam, bar, and stop up with any Weir or Dam any River or Watercourse, and to erect and maintain on such Land Steam
No Entry to
Power to pur
chase Lands for
and other Engines and Machinery: Provided always, that no Entry shall be made on any Land for the Purposes aforesaid, except with the Consent of the Proprietors thereof, until the Amount of Compensation for the Damage to be occasioned by such Entry, and by the Execution and Maintenance of the Works authorized as aforesaid, shall have been agreed upon or ascertained, as the Case may be, and paid, under the Provisions herein-after contained or agreed to.
X. And be it enacted, That it shall be lawful for the Commissioners by any such Order as aforesaid to authorize any Sites of Engine Person or Persons therein mentioned to purchase and take, as the Site of any Engine House, or for any other Purpose necessary for the Works thereby authorized, any Land, not being in any Park or Pleasure Ground, in such Order to be described; provided always, that not more than Three Acres be purchased or taken under this Clause otherwise than by Agreement; and all the Provisions of "The Lands Clauses Consolidation Act, 1845," with respect to the Purchase of Land otherwise than by Agreement, shall apply to the Purchase of any Land not exceeding Three Acres which shall be specially described in such Order, and which shall be thereby authorized to be taken otherwise than by Agreement; and the Provisions of the last-mentioned Act with respect to the Purchase of Land by Agreement shall apply to the Purchase of any Land by such Order authorized to be purchased, except as aforesaid; and all Lands to be purchased or taken under this Clause shall be conveyed to or held by such Persons and upon such Trusts as the Commissioners shall by such Order direct.
The Lands Clauses Consolidation Act, 1845, (8 & 9 Vict.
c. 18.,) incorporated with this Act.
Waters not to be interfered
XI. And be it enacted, That the Compensation to be paid for the Damage or Injury to any Lands which may be entered upon, cut through, or interfered with under any such Order of the Commissioners as aforesaid may be agreed upon with the Persons and in the Manner provided by "The Lands Clauses Consolidation Act, 1845," with respect to the Purchase of Land otherwise than by Agreement; and the Persons who in such Order of the Commissioners shall be authorized to execute the Works in such Order mentioned shall, for the Purposes of the last-mentioned Act and of this Act, be deemed the Promoters of the Undertaking; and all other the Provisions of "The Lands Clauses Consolidation Act, 1845," shall be incorporated with this Act, and shall apply thereto, and to the Works and Purchases to be authorized by the Commissioners, in such and the same Manner as if the Works and Purchases which shall be authorized by the Commissioners had been set forth and authorized to be executed and made by this Act.
Streams supply- XII. Provided always, and be it enacted, That no Order of ing ornamental the Commissioners under this Act shall authorize any Work whereby the Streams, Reservoirs, or Feeders supplying any ornamental Waters shall be cut through, diverted, or interfered with, otherwise than by Agreement and with the Consent of the Persons to whom such ornamental Waters belong.
with without Consent.
XIII. And be it enacted, That Two Copies of every Order Copies of Orof the Commissioners by which they shall authorize the Execu- ders of Comtion of Works under the Provisions of this Act shall be made, authorizing and sealed with the Seal of the Commissioners, and one such Execution of Copy shall be deposited with the Clerk of the Peace of the Works to be County in which the Land authorized to be drained, or the deposited. greater Part thereof, shall be situate, who is hereby required to deposit and keep the same among the Records of the said County, so that recourse may be had thereto by any Person interested in the Premises, and the other Copy shall be deposited with the Church or Chapel Wardens for the Time being of the Parish in which the said Land or the greater Part thereof shall be situate, to be kept by them and their Successors in Office with the public Books, Writings, and Papers of the Parish, or shall be deposited with such other fit Persons as the Commissioners shall approve; and all Persons interested therein may Copies of have Access to and be furnished with Copies of or Extracts Orders to be from any such Copy, on giving reasonable Notice to the Person open to Inspechaving Custody of the same, and on Payment of Two Shillings and Sixpence for such Inspection, and after the Rate of Threepence for every Seventy-two Words contained in such Copy or Extract; and all such Copies of and Extracts from any such Copy of any such Order as aforesaid as shall be furnished by the Clerk of the Peace shall be signed by the Clerk of the Peace or his Deputy, purporting the same to be a true Copy or Extract; and every such Copy and Extract so signed shall be received in Evidence without further Proof thereof.
XIV. And whereas by reason of the Neglect of or Want Where, by
and recover the
' of Co-operation among the Occupiers of Lands to maintain Neglect of Parthe Banks and cleanse and scour the Channels of existing maintaining, ties to join in Drains, Streams, or Watercourses lying in or forming the &c. Banks 'Boundaries of such Lands, and being or leading to the Outfall lying near cer'from such Lands and from other Lands, much Injury is Occupiers may, 'occasioned and Improvement prevented, but sufficient Powers after giving 'do not at present exist to remedy the Evil aforesaid;' be it Notice, maintherefore enacted, That in all Cases where by reason of the tain the same, Neglect of any such Occupier to maintain or join in maintaining Expences. the Banks, or to cleanse and scour or join in cleansing and scouring the Channels, of existing Drains, Streams, or Watercourses lying in or bounding the Lands of such Occupier, Injury shall be caused to any other Land, it shall be lawful for the Proprietor or Occupier of any Land so injured to require the Proprietor or Occupier so neglecting as aforesaid, by a Notice in Writing delivered to him or left at his usual Place of Abode, effectually to maintain such Banks or cleanse or scour such Channels, or to join in effectually maintaining such Banks or cleansing and scouring such Channels, of such Drains, Streams, and Watercourses; and in case he shall neglect so to do it shall be lawful for the Occupier of the Land to which such Injury shall be caused, immediately after the Expiration of One Calendar Month from the Service of such Notice as aforesaid, to execute or cause to be executed, or to join with any other Person
No Entry to
be made on the
Lands of Occupier neglecting to maintain Banks, &c. without Warrant of Two Justices.
Person in executing or causing to be executed, all necessary Works for maintaining or repairing such Banks, or cleansing or scouring such Channels as aforesaid; and in case the Expences paid or incurred in executing or causing to be executed such Works as aforesaid, or the just Proportion thereof which should have been paid or borne by the Occupier so neglecting as aforesaid, shall not be paid to the Person by whom the same shall have been paid or incurred by the Occupier so neglecting as aforesaid within One Calendar Month after Demand, it shall be lawful for any Justice, upon the Application of the Person by whom such Expences shall have been paid or incurred, to summon the Proprietor or Occupier so neglecting as aforesaid to appear before Two Justices at a Time and Place to be named in such Summons; and upon the Appearance of the Person so summoned, or in his Absence upon due Proof of the Service of such Summons, it shall be lawful for such Two Justices, upon Proof of such Neglect as aforesaid, and of the Injury occasioned thereby, and of the Expences paid or incurred as aforesaid, to make an Order for the Payment by the Occupier so neglecting of the Expences aforesaid, or of such just Proportion of the same as such Occupier so neglecting ought in the Opinion of the said Justices to contribute and pay; and it shall be lawful for the said Justices, upon any such Application as aforesaid, to award such Costs to be paid by such Party and in such Manner as to such Justices shall seem reasonable, and the Amount of such Expences and Costs respectively may be recovered by Distress.
XV. Provided always, and be it enacted, That, unless such Drain, Stream, or Watercourse as aforesaid shall be a Boundary of or immediately adjoining to the Land of the Occupier whose Land shall have been injured by such Neglect as aforesaid, it shall not be lawful for the Occupier whose Land shall have been so injured to enter upon the Land of any other Person in the Execution of the Works aforesaid without a Warrant or Authority in Writing so to do from Two or more Justices, which Warrant or Authority such Justices shall grant upon Inquiry had before them, after a Summons served upon the Occupier of the Land so to be entered upon, if it shall appear to such Justices that the Neglect of the Occupier of the Land so to be entered upon has occasioned Injury to the Lands of the Occupier applying for such Warrant or Authority: Provided also, that it shall be lawful for the Justices before whom any Occupier of Land shall be summoned to appear under this Act, and whether such Proprietor or Occupier shall or shall not have appeared, to adjourn the Hearing or further Hearing of any Application for any Order, or for any Warrant or Authority under this Act, to a subsequent Day, and to appoint a competent Person to view in the meantime the Drain, Stream, or Watercourse, and to report thereon to the Justices on the Day to which such Hearing shall have been adjourned, or the said Justices or any of them may in the meantime attend and view such Drain, Stream, or Watercourse.
XVI. And be it enacted, That if upon any Adjudication of Expences and the Justices the Amount of the Expences ordered to be paid, dication of Jus Costs of Adjuand of such Costs as aforesaid, be not paid, the Amount of such tices may be Expences and Costs shall be levied by Distress, and such levied by Dis. Justices or either of them, or any other Justice, shall issue their or his Warrant of Distress accordingly; and every Sum of Money to be levied by Distress as aforesaid shall be levied by Distress and Sale of the Goods and Chattels of the Party liable to pay the same; and the Surplus arising from the Sale of such Goods and Chattels, after satisfying such Sum of Money, and the Expences of the Distress and Sale, shall be returned, on Demand, to the Party whose Goods shall have been distrained.
Want of Form.
XVII. And be it enacted, That no Distress levied by virtue Distress not of this Act shall be deemed unlawful, nor shall any Party making unlawful for the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Adjudication, Warrant of Distress, or other Proceeding relating thereto, nor shall such Party be deemed a Trespasser ab initio on account of any Irregularity afterwards committed by him, but all Persons aggrieved by such Defect or Irregularity may recover full Satisfaction for the special Damage in an Action upon the Case.
XVIII. Provided always, and be it enacted, That nothing Nothing to in this Act contained shall affect the Rights, Duties, Privileges, affect Rights of Powers, or Authorities vested in or to be discharged by &c. of Sewers any Commissioners of Sewers appointed by any Commission or Drainage. under the Great Seal, or under the Seal of the Duchy of Lancaster, or by any other lawful Commission of Sewers, or the Commissioners appointed under any local or private Act of Parliament for Sewers or Drainage, or shall extend to or affect any Charter, Law, Usage, or Custom concerning Romney Marsh, or concerning the Great Level of the Fens called the Bedford Level, or any Part thereof: Provided nevertheless, that if the Persons inPersons interested in any Lands authorized to be drained under terested in local or private Act of Parliament for the Inclosure and Drainage rized to be of any Lands, or if any Portion, not being less in Number and drained under Value than Two Thirds of the Persons so interested, shall be any local Act desirous of having such Lands drained under the Provisions of may have the this Act, and shall notify such their Desire by Writing under under the Protheir Hands to the Commissioners under this Act, then such visions of this Commissioners and their Assistant Commissioners respectively shall and may, notwithstanding any Provision in any such local or private Act contained, have and exercise all the Powers given to them by virtue of this Act with reference to the Lands authorized to be drained by such local or private Act as if all the Clauses therein contained for or regarding the Drainage of such Lands were repealed by this Act.
No Person acting under
this Act to construct Works,
XIX. Provided always, and be it enacted, That it shall not be lawful for any Person acting or pretending to act under this Act to make or construct, alter or extend, on the Shore of the Sea, or of any Creek, Bay, or Arm of the Sea, or any navigable River communicating therewith, where and so far up the same as the Tide flows, any Work which might not have the Admiralty. [No. 29. Price 2d.]
&c. on the
Sea-shore without Consent of