Calder Canal. Act 1774
| Jurisdiction | UK Non-devolved |
| Citation | 1774 c. 13 |
(14 Geo. 3) C A P. XIII.
'WHEREAS the making and maintaining a navigable Canal from the RiverCalder , in the West Riding of the County of York , to a Mill called The King's Mill , near the Town of Huddersfield , in the said West Riding, will be of particular Advantage to the Inhabitants of the said Town and Parts adjacent, and of publick Utility: And whereas Sir John Ramsden , Baronet (a Minor), is sole Proprietor of the said Town (except one House), and of a considerable Part of the Lands through which the said Canal is proposed to be made: And whereas Dame Margaret Ramsden , and Thomas Ramsden , Esquire, Trustees of the said Sir John Ramsden , are desirous that the said Sir John Ramsden may be enabled to make and maintain such Canal;' may it therefore please your Majesty that it may be enacted; and 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, Thatfrom and after the passing of this Act, it shall and may be lawful to and for the said SirJohn Ramsden , Baronet, his Heirs and Assigns, and he and they is and are hereby fully authorised and impowered, from Time to Time, and at all Times hereafter, to make, maintain, and support, a navigable Canal for Boats, Barges, and other Vessels, from the said River Calder , between a Bridge called Cooper's Bridge and the Mouth of the River Colne , along the North Side of the said River, to a Mill called The King's Mill , near the Town of Huddersfield aforesaid; and also to make all necessary Cuts, Trenches, Passages, and Works whatsoever for supplying the said Canal whilst the same shall be making, and likewise when made, with Water from the said River Colne ; and also from any other Rivers, Brooks, Streams, Springs, Waters, and Watercourses, which communicate with the said Canal, or which are or may be found within the Distance of two Miles of any Part thereof; and, for that Purpose, the said Sir John Ramsden , his Heirs and Assigns, and his and their Agents, Servants, Workmen, and Labourers, is and are hereby authorised and impowered, in, upon, or through the Lands and Grounds of any Person or Persons, Bodies Politick, Corporate or Collegiate, Corporations Aggregate or Sole, to dig, cut, trench, sough, and remove Earth, Stones, Rubbish, Trees, Roots of Trees, and all other Obstructions, which may anywise hinder or prevent the making, maintaining, and using the said Canal, and the Towing-paths on the Sides thereof: And it shall and may be lawful for the said Sir John Ramsden , his Heirs and Assigns, to make, maintain, and repair all such Trenches, Passages, Gutters, and Watercourses, as shall be necessary and proper to be made to convey Water to and from the said Canal; and also to raise, strengthen, and support the Banks of the said Canal, and also the Towing-paths, Trenches, Passages, Gutters, and Watercourses respectively; and to make Weirs and convenient Places for discharging the Water from the said Canal; and to make such Back Drains, Gutters, or Trenches, as shall be necessary or proper to prevent any Damage to the Lands or Grounds adjoining or lying near the said Canal, by the oozing or stowing of Water from or out of the same; and to make, maintain, enlarge, open, or alter, any Roads, Ways, Passages, Cuts, Locks. Trenches, Sluices, and other Conveniences, to or from the said Canal for the carrying and conveying Goods, Commodities, and other Things, to and from the same; and also to erect Cranes, weighing Beams, and other Engines for loading or unloading Goods, Commodities, and other Things, where the same shall be necessary; and to inclose and appropriate such Parts of the said Lands and Grounds adjoining to the said Canal, as shall be necessary or proper for Houses, Warehouses, Wharfs, Quays, or Docks, and to make, maintain, repair, and alter, any Bridges, Arches, or Passages, over, under, or through, the said Canal, or the said Trenches, Passages, Gutters, Watercourses, and Sluices respectively, which shall communicate therewith; and to make and set up such Posts, Rails, Hedges, Ditches, Banks, and other Fences, on the Side or Sides of the said Canal, in such Places as he or they shall think necessary and proper for separating and dividing the Towing-paths from the adjoining Lands; and also to get, dig, lay, and convey away Soil, Clay, Gravel, Stones, or other Materials or Things, proper, requisite, or convenient, or making, carrying on, continuing, or repairing the said Canal, and all other Matters and Works proper and necessary for making, maintaining, and using, the said Navigation, in, from, through, and over any Lands or Grounds adjoining or lying near to the said Canal, or other Works aforesaid (not being the Ground whereon any House stands, or not being an Orchard, Park, Paddock, planted Walk, Nursery for Trees, or Avenue to a House, which were planted and set apart as such before the twenty-fourth Day of March , one thousand seven hundred and seventy-three); and to do, perform, and execute, all such other Works, Matters, and Things, necessary or proper for the making, carrying on, completing, maintaining, and using, the said Navigation, as he the said Sir John Ramsden , his Heirs or Assigns, shall, from Time to Time, think fit; he and they, or his or their Agents, Workmen, or Servants, doing as little Damage as may be to and upon the Premises, and first making Satisfaction in Manner herein-after mentioned to the respective Owners of, and Persons interested in, such Lands, Grounds, or Premises, as shall be used, removed, or prejudiced, in or by the Execution of any of the Powers hereby granted.
II Bodies Politic k, &c. impowered to treat.
II. And be it further enacted by the Authority aforesaid, That it shall and may be lawful for all Bodies Politick, Corporate or Collegiate, Corporations Aggregate or Sole, Husbands, Guardians, Trustees, Feoffees in Trust, Committees, Executors, and Administrators, and all other Trustees whatsoever, not only for and on Behalf of their cestuique Trusts, whether Infants, Issue unborn, Lunaticks, Idiots, Femescovert, or other Person or Persons, and for all Femes-covert who are or shall be seised, possessed of, or interested, in their own Right, and for every other Person and Persons however incapacitated, who are or shall be seised, possessed of, or interested in, any Messuages, Lands, Tenements, and Hereditaments, to be cut, digged, damaged, altered, removed, or used, for the Purposes of this Act, or to facilitate the carrying on and effecting the said Navigation, to contract for, sell, and convey, unto the said SirJohn Ramsden , his Heirs and Assigns, or to such Person and Persons as he or they shall nominate and appoint for the Purposes of this Act, all or any Part of such Messuages, Lands, Tenements, and Hereditaments, either in Consideration of a Sum of Money to be paid in Gross, or of an annual Rent and Payment to be charged and secured as herein-after mentioned; and where, by making the said Canal, the Property of any Land Owner shall be separated into small Parcels, so as to render the Occupation thereof inconvenient, it shall and may be lawful to and for such Bodies Politick, Corporate and Collegiate, and other such Land Owners, by and with Consent of the Commissioners to be appointed as herein-after mentioned, or any three or more of them, to be testified by any Writing or Writings, to be by them sealed and delivered in the Presence of, and attested by, two or more credible Witnesses, to contract for, sell, and dispose of, or to convey in Exchange in lieu of other Lands, all or any Part of such Lands or Grounds through which the said Canal shall be made, to any Person or Persons whomsoever, for such Price or Prices in Money, or other Equivalent, as to the said Commissioners, or any three or more of them, shall seem reasonable: And that all such Contracts, Agreements, Sales, Conveyances, ami Assurances, shall be valid and effectual in Law to all Intents and Purposes whatsoever; any Law, Statute, Usage, or Custom to the contrary thereof in any-wise notwithstanding: And all Bodies Politick, Corporate or Collegiate, and all Persons whomsoever, so conveying or exchanging as aforesaid, are hereby indemnified for what he, she, or they, or any of them, shall respectively do by virtue of or in pursuance of this Act: And all such Contracts, Agreements, Sales, Conveyances, and Assurances (other than those which concern any Purchase or Exchange between any such respective Land Owners to be made as aforesaid), shall, at the Expence of the the said Sir John Ramsden , his Heirs and Assigns, be inrolled in the publick Register Office at Wakefield , in the said West Riding of the County of York , and true Copies thereof respectively shall be allowed to be good Evidence in all Courts whatsoever; for which Inrolment shall be paid the Sum of Two-pence and no more for every two hundred Words, and so in proportion for any greater or less Number of Words.
III Commissioners appointed.
'III. And in order to settle Differences which may arise between the said SirJohn Ramsden , his Heirs and Assigns, and the several Owners of, and Persons interested in, any Messuages, Lands, Tenements, Hereditaments, and Premises, which shall or may be affected or prejudiced by the Execution of any of the Powers hereby granted, touching the Purchase-money to be paid, or Recompence to be made, to them respectively;' be it therefore enacted, That Sir George Armitage Baronet, Joseph Armitage,...
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