Derby Corporation Act 1882
| Jurisdiction | UK Non-devolved |
| Citation | 1882 c. ccxlv |
| Year | 1882 |
[45 & 46 VICT.] Derby Corporation Act, 1882. [Oh. Ccxlv.]
CHAPTER ccxlv.
An Act to enable the Corporation of Derby to acquire Little A-D-1882-
Chester Green to make a new recreation ground to yest
the Arboretum in the Corporation and to maintain and
regulate the same and Bass' Recreation Ground and baths
to make new streets to make further provision respecting
the borrowing of money by the Corporation and for other
purposes. [18th August 1882.]
W
HEREAS the borough of Derby in the county of Derby is a
municipal borough under the government of the mayor
aldermen and burgesses thereof (in this Act referred to as " the
Corporation") :
And whereas the Corporation are the owners of certain lands in
the township of Little Chester within the borough adjoining or
adjacent to which are certain common or waste lands known as
Little Chester Green and it would be of advantage to the inhabitants
of the borough if a recreation ground were made partly upon the
lands of the Corporation,and partly upon the common or waste lands
and the Corporation are willing to appropriate to such purpose
part of the lands belonging to them and to purchase the said waste
lands and to appropriate part thereof to the purposes of and to form
and maintain such recreation ground as aforesaid which recreation
ground is herein-after in this Act referred to as the Little Chester
Recreation Ground:
And whereas questions and litigation have arisen with regard to the
rights in such waste lands and it is expedient in the interests of the
inhabitants of the locality and with a view to the determination of
such questions and the avoidance of litigation that provision should
be made for ascertaining and declaring what (if any) commonable
or other rights exist in and over such waste lands and by whom such
rights respectively may be exercised and if any such rights should
be found to exist then for ascertaining the value thereof and for
their purchase by the Corporation :
{Local.,-245.] A
[Ch.
CCXlv J Derby Corporation Act, 1882. [45 & 46 VICT.]
A.D.
1882. And whereas in the year 1863 the Midland Railway Company
24&25Vict. under *ne powers of the Midland Railway (Additional Powers) Act
c
cvi.
' 1861 required and took for the purposes of their undertaking a part
of the said waste lands and paid as compensation for the extinction
of the commonable and other rights in the lands so taken the sum
of
1,340Z.
12s. 6d. which sum was paid to and still remains in the
hands of trustees for and on behalf of the persons entitled to such
commonable and other rights:
And whereas it is expedient that the said sum of
1,340£.
12s. 6d.
together with all accumulations and interest thereon be paid to the
Corporation as in this Act provided towards the expense to be in-
curred by them in forming the said Little Chester Recreation
Ground:
And whereas Joseph Strutt late of Derby deceased by deed of
settlement dated the 12th day of September 1840 and duly enrolled
in Her Majesty's High Court of Chancery appointed and conveyed
certain lands buildings and hereditaments at Litchurch then in the
county but now in the borough of Derby in the said deed more
particularly described to be held by the several persons in that behalf
named in and parties to the said deed upon trust to permit the said
lands and hereditaments to be used and enjoyed as a pleasure ground
and place of public resort to be called " the Arboretum" for the
benefit of the inhabitants of the borough and the neighbourhood
under the rules and regulations in the said deed contained and such
other rules and regulations as should be duly made in that behalf by
the committee of management in the said deed provided for:
And whereas the committee of management afterwards purchased
certain lands adjoining the Arboretum for the purpose of enlarging
the same and such lands were by an indenture dated the 5th day of
February 1846 conveyed to the trustees of the said indenture dated
the 12th day of September 1840 upon similar trusts to those con-
tained in the first mentioned deed and the Arboretum now consists
of the lands severally comprised in the two before mentioned deeds :
And whereas it is expedient that the Arboretum be transferred to
and vested in the Corporation in manner and for the purposes in this
Act provided and that the trusts of the two deeds dated respectively
"the 12th day of September 1840 and the 5th day of February 1846
be determined and that further provision be made for the mainte-
nance and management of the Arboretum by the Corporation as in
this Act contained:
And whereas Michael Thomas Bass by deed dated the 9th day of
July 1866 and duly enrolled in Her Majesty's High Court of
Chancery appointed and conveyed lands and hereditaments in the
parish of All Saints in the borough of Derby in the said deed more
2
[45 & 46 VICT.] Derby Corporation Act, 1882. [Oh. CCXlv.]
particularly described to be held by the mayor aldermen and A.D. 1882.
burgesses of the said borough upon trust to permit the same to be '
thenceforth for ever used and enjoyed by the inhabitants of the
borough subject as therein mentioned as and for a public play or
recreation ground to be called " Bass' Recreation Ground*':
And whereas it is expedient that further provision be made for
the maintenance and management by the Corporation of Bass'
B/ecreation Ground and for that purpose that the trusts of the said
last-mentioned deed be determined and that the several provisions in
that behalf in this Act contained be made instead thereof :
And whereas it is expedient to empower the Corporation to make
and enforce byelaws with respect to the Little Chester Eecreation
Ground the Arboretum and Bass' Recreation Ground and baths
respectively :
And whereas it is expedient that the Corporation be authorised to
construct the new streets herein-after mentioned :
And whereas it is expedient that the Corporation be empowered
to raise money for the purposes of this Act:
And whereas under the several public and local Acts and
provisional orders now in force affecting the borough the Corpora-
tion are empowered from time to time to levy rates and to borrow
moneys for the purposes of the said Acts respectively :
And whereas the Corporation now require or will shortly require
to borrow further moneys for the purposes of the said Acts and
orders or some of them and of this Act:
And whereas it is expedient that the Corporation be empowered
to exercise their statutory borrowing powers for the time being by
means of the creation and issue of corporation stock :
And whereas the Corporation are the owners of valuable lands
waterworks and other property :
And whereas plans and sections of the several works by this Act
authorised showing the lines and levels thereof and the lands which
are required therefor and for the purposes of this Act with a book of
reference to those plans containing the names of the owners or
reputed owners lessees or reputed lessees and of the occupiers of such
lands have been deposited with the clerk of the peace for the county
of Derby which plans sections and book of reference are in this Act
referred to as " the deposited plans sections and book of reference "
respectively :
And whereas the objects aforesaid cannot be effected without the
authority of Parliament:
And whereas estimates have been prepared for the purchase of
the lands and the execution of the works by this Act authorised and
for the other purposes of this Act or for which money is by this Act
A 2 3
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