Belfast Water Act 1889

Publication Date:January 01, 1889
 
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Belfast Water Act 1889

(52 & 53 Vict.) c. clv

An Act to authorise the Belfast Water Commissioners to construct Works for filtering the supply of Water to the City of Belfast and the Suburban Districts adjacent thereto to confer further powers on the Commissioners and for other purposes.

[12th August 1889]

[52 & 53 Vict.] Belfast Water Act, 1889. [Ch. civ.] CHAPTER civ. An Act to authorise the Belfast Water Commissioners to A- construct Works for filtering the supply of Water to the City of Belfast and the Suburban Districts adjacent thereto to confer further powers on the Commissioners and for other purposes. [12th August 1889.] W HEREAS by the Belfast Water Acts 1840 to 1884 the Belfast "Water Commissioners (in this Act called "the Commissioners ") were incorporated, and their powers from time to time defined and regulated : And whereas it is expedient that the supply of water to the city and suburban districts should be filtered and that the Commissioners should be empowered to acquire lands and waters and to execute works and to raise further moneys for that purpose : And whereas it is expedient that the Commissioners should be empowered to acquire additional lands for the general purposes of their undertaking : And whereas it is expedient to extend the time fixed by the Act of 1884 for the taking of lands and the completion of some of the works authorised by that Act: And whereas it is expedient that the qualification of electors and the mode of electing the Commissioners should be altered and amended : And whereas it is expedient that the powers of the Commissioners with regard to the repayment of money borrowed under the recited Acts should be altered and amended and that some of the other provisions of the recite:! Acts should be repealed or amended and that extended borrowing powers should be granted to the Commissioners : And whereas it is expedient that the Commissioners be empowered to exercise their statutory borrowing powers for the time being by means of the creation and issue of stock: [Price 3s. 3d] A 1 [Ch. Civ.] Belfast Water Act, 1889. [52 & 53 Vict.] A.D. 1889. And whereas by the Act of 1884 the powers and jurisdiction of the Commissioners were greatly enlarged and extended so as to comprehend an extensive area outside the city of Belfast and it is expedient that the name and style of the Commissioners should be changed from the name the Belfast Water Commissioners to the name the Belfast City and District Water Commissioners: And whereas plans and sections showing the lines and levels of the works authorised by this Act and also books of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands and waters required or which may be taken for the purposes or under the powers of this Act were duly deposited with the respective clerks of the peace for the county of Antrim and the county of the town of Carrickfergus and are herein-after respectively referred to as the deposited plans sections and books of reference : And whereas the purposes of this Act cannot be effected without the authority of Parliament: May it therefore please Your Majesty that it may be enacted and be it enacted by the Queen'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 as follows (that is to say): Part I.Preliminary. Short title. 1, This Act may be cited as the Belfast Water Act 1889 and is divided into Parts as follows : Part I.Preliminary. Part II.Power to execute works and take lands and waters. Part III.Recovery of rates. Part IV.Qualification of Commissioners and electors. Part V.Power to borrow money on mortgage. Part VI.Sinking fund. Part VII.Creation and charge of water stock. Part VIII.Miscellaneous. This Act 2. This Act and the Acts of 1840 1865 1874 1879 and 1884 as and th,eA each of such Acts is amended and varied by any other of such Acts to be-con- and by this Act shall be read and construed together as one Act strued as and may ^e cite(j a8 the Belfast Water Acts 1840 to 1889. one Act. " I r ora- 3. The Lands Clauses Consolidation Act 1845 save so far as any tion of Acts, provisions thereof are inconsistent with the Railways Act (Ireland) 1851 the Lands Clauses Consolidation Acts Amendment Act 1860 2 [52 & 53 Vict.] Belfast Water Act, 1889. [Oh. civ.] the Railways Act (Ireland) 1860 the Railways Act (Ireland) 1864 A.D. 1889. and the Railways Traverse Act 1868 respectively the clauses and provisions of the Railways Clauses Consolidation Act 1845 with respect to the temporary occupation of lands near the railway during the construction thereof hut so far only as regards the construction of the filter basins reservoirs and conduits hereby authorised and the works immediately connected therewith : Provided that in the case of conduits the powers of that Act with reference to the temporary occupation of lands shall not be exercised beyond a distance exceeding fifty yards on either side of the centre line of the works : Also the sections of the last-mentioned Act numbered 53 54 55 56 57 and 58 relating to the substitution of other roads for roads interfered with and to the restoration of roads interfered with in the execution of the works by this Act authorised and so much of section 68 of the last-mentioned Act as relates to watering places for cattle the Railways Act (Ireland) 1851 the Railways Act (Ireland) 1860 Part II. (extension of time) of the Railways Clauses Act 1863 the Railways Act (Ireland) 1864 the Railways Traverse Act 1868 the Waterworks Clauses Act 1847 except sections 68 69 70 71 72 and 73 and the clauses or sections with respect to the amount of profit to be received by the undertakers when the waterworks are carried on for their benefit the Waterworks Clauses Act 1863 so much of the Commissioners Clauses Act 1847 as relates to the borrowing of money on mortgage and the Companies Clauses Act 1863 Part IV. relating to change of name are (except where any of those Acts or sections are expressly varied by or inconsistent with this Act) incorporated with and form part of this Act And in the said incorporated Acts or any of them or in any Acts incorporated therewith or with this Act unless there be something in the subject or context repugnant to the respective constructions hereinafter defined the expression " the special Act" means this Act the expressions " the promoters " " the promoters of the undertaking" "the undertakers" and "the company" mean respectively the Commissioners the word " secretary" means the secretary of the Commissioners the expression " the railway " means the works by this Act authorised to be executed or for which the period for compulsory purchase of lands or for completion are by this Act extended as the case may be the expressions " purchase money" and " compensation " and other equivalent expressions shall include the compensation in money or water to be made in respect of the damage to any lands mills manufactories or works situated in the course of or using any of the waters by this Act authorised to be taken and appropriated by the Commissioners : A 2 3 [Ch. Civ.] Belfast Water Act 1889. [52 & 53 Vict.] AD. 1889. Provided that section 44 of the Waterworks Clauses Act 1847 as incorporated in the former Acts and in this Act shall be con strued as if the words " with the consent in writing of the owner or reputed owner of any such house or of the agent of such owner " had been omitted therefrom. Interpreta- 4, jn this Act the several words and. expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith have the same respective meanings unless there be something in the subject or context repugnant to such construction : The expression " the Act of 1840" means the Belfast Water Act 1840; The expression " the Act of 1865" means the Belfast Water Act 1865; The expression "the Act of 1874" means the Belfast Water Act 1874; The expression " the Act of 1879" means the Belfast Water Act 1879 ; The expression "the Act of 1884" means the Belfast Water Act 1884; The expression "the former Acts" means the before-mentioned Water Acts; The word " Commissioners " means the corporation of the Belfast City and District Water Commissioners acting under the Belfast Water Acts 1840 to 1889 and hitherto known as "the Belfast Water Commissioners " ; The expression " the corporation" means the mayor aldermen and citizens of the city of Belfast; The expression " city of Belfast" and the word " city " mean respectively the entire city and municipal district of Belfast and are synonymous with the expression " borough of Belfast " as defined in the fourth section of the Act of 1884; The expression " undertaking" includes streams springs wells reservoirs cisterns tanks aqueducts cuts sluices mains pipes culverts engines and all machinery lands buildings and things for supplying or used for supplying water under the authority of the Belfast Water Acts 1840 to 1889 and vested in the Commissioners; The expression "drainage areas" means lands off and from which waters flow directly or indirectly into the Commissioners reservoirs and works respectively ; The expression " Commissioners district of supply" means the entire municipal district of the city of Belfast and the suburban districts defined by the Act of 1884; The word " person" includes a company or a corporation whether aggregate or sole; l4 [52 & 53 Vict.] Belfast Water Ad, 1889. [Ch. civ.] The word " streams " includes brooks rivers and other running A.D. 188". water; The expression " quarter sessions " includes the recorder's court for Belfast; The expressions " water stock " and " stock " respectively mean the Belfast City and District Water Commissioners Bedeeni-able Stock by this Act authorised to be created ; The expression "the Bank of Ireland" means the Governors and Company of the Bank of Ireland...

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