Dover Improvement Act 1835

Publication Date:January 01, 1835
 
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Dover Improvement Act 1835

(5 & 6 Will. 4) c. xlvii

An Act to alter and amend Three several Acts for paving, cleansing, and improving the Town of Dovor, and for making further Improvements in the said Town

[3rd July 1835]

ANKO QUINT0 & SEXTO GUL I IY REGIS. Cali. xlvii. An Act to alter and amend Three several Acts for paving, cleansing, and improving the Town of Dovor, and for making further Improvements v in the said Town. [3d Jldy 1835.1 HEREAS an Act was passed in the Eighteenth Year of the Reign of His Majesty King George the Third, intituled An Act 18G. 3* e. 76. for better pavhg, cleansifig, lighting, and watching the Streets and Lanes in the Town of Dovor in the County of Kent, and in the several Parishes $Saint Mary the Virgin and Saint James the Apostle in the same Town and County, and for removing and preventing 2L7uisances and AnnoyuncEs therein: And whereas an Act was passed in the Fiftieth Year of the Reign of His said Majesty, intituled An Act to amend an Act made in 50G.3. c. 26. the Eighteenth Year of His present Majesty, for paving, cleansing, lighting, and watchhg the Town oj' Dovor, and for renioviEg and preventing Nuisances and Annoyances therein : rind whereas an Act was passed in the Eleventh Year of the Reign of His late Majesty King George the Fourth, intituled An Act to aniend Two Acts of His late Mqjesfy, for paoing, 11~ 4.c.i 17. cleansing, lighting, and watching the Town of Dovor, and for reniaving and preventing Nuisances and Annoyances therein : And whereas considerable Improvenients have taken place in the said Town of Dovor in pursuance of the Powers and Provisions contained in the said Acts, and it would materially conduce to the further Improvement of the said Town, and the Welfare and Convenience of the Inhabitants thereof, if further Powers were given to the Commissioners appointed by the said Acts to widen, extend, and improve certain of the Thoroughfares in the said Town, and [Local.] 14 R to 1262 I'owers of recited Acts extended to this Act. Repeal of certain Clauses of tirst-recited Act. Power to purchase Lands, &c. 5" & 6" GULIELMI IV. Cup. xlvii. to purchase Lands, Buildings, and other Property for the Purposes thereof: And whereas the King's most Excellent Majesty, in right of His Crown, is entitled to certain Property required for the Purposes of this Act: And whereas certain of the Powers and Provisions of the said recited Acts are obscure and insufficient for the Purposes thereby intended, and it is expedient that the same should be altered and amended as herein-after mentioned : May it therefore please Yoiir 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, That the said recited Acts, and all the Provisoes, Powers, Authorities, Orders, Rules, Regulations, Limitations, Restrictions, Prohibitions, Directions, Exemptions, Indemnities, Penalties, Forfeitures, Punishments, Matters, and Things respectively therein contained (except such Parts of the said Acts as have been or are by this present Act altered, varied, or repealed,) shall extend to this present Act, and shall operate and be in force with respect to this Act, and the Provisions and Enact- ments herein-after contained, as fully and effectually to all Intents and Purposes as if the same were repeated atid re-enacted in the Body of this Act, and were herein particularly applied to the Provisions and Enactments herein contained, and notwithstanding any Alteration in the Days or in the Manner in which particular Acts are herein required to be done from the Days or the Manner appointed by the said recited Acts or either of them. 11. And be it further enacted, That from and after the passing of this Act so much of the said recited Act of the Eighteenth Year of the Reign of 15s Majesty King George the Third as relates to any Exemption from the Payment of Stamp Duties, and so much of the said recited Act as directs that the Commissioners therein named shall issue their Order to the Collectors for the Time bring, commanding them to collect the Rates therein authorized to be raised within the Space of Fourteen Days, and that the said Collectors shall collect the same accordingly within the said Time, shall be and the same is hereby repealed. 111. And whereas Plans have been deposited with the Clerk of the Peace for the Town of Dovor, describing the Site of the several Alterations and Improvements intended to be made under the Powers of this Act, together with a Book of Reference containing the Names of the Owners or reputed Owners and Occupiers of the Property required to be taken for the Purposes of the same j be it therefore enacted, lhat the Commis- sioners acting in execution of the said recited Acts and this Act shall and they are hereby authorized and empowered to purchase and take all or any of the Dwelling Houses, Buildings, Lands, and Premises mentioned, described, or referred to in or by the said Plans and Book of Reference, or the Schedule to this Act annexed, or so much or such Parts thereof as they the said Commissioners shall adjudge necessary to be purchased for elkcling the Purposes of this Act, and to cause such Dweliing Houses and Buildings, or so much thereof as they shall deem expedient, to be taken down, and the Site thereof and the Lands so to be purchased LO be made Part of the Streets, Lanes, Passages, and public Places of the said Town of Dovor, for the Purpose of widening or improving the slme, or making any new Streets or Thoroughfares in the said 'l'own j I and 5" & 6" GULIELMI IV. Cap.xlvii. 1263 and for such Purpose, and also for reselling any Part or Parts thereof not required, the said Commissioners shall have all such and the like Powers as are contained in the said recited Acts or any of them with regard to the Property thereby authorized to be taken or purchased. IV. And be it further enacted, That the said Commissioners shall and Directing they are hereby required to purchase and pull down or cause to be pulled what Proper- down so much of the Property mentioned in the said Schedule as is $s~h~~~~~ situate on the East Side of Bench Street before they shall proceed in any Manner to purchase or take any of the other Property mentioned in the said Schedule, save and except the Property mentioned in the said Schedule as belonging to William Prescott, situate in Castle Street, and to the Representatives of J Gilbee, situate in Dolphin Lane : Provided always, that in case the said Cornmissioners shall have pulled down or caused to be pulled down such of the said Property on the East Side of Bench Street which they may have purchased and of which they may have obtained Possession, and that any Difficulty shall arise in obtaining Possession of the Remainder thereof after the same has been purchased, the said Com- missioners shall not thereby be delayed from purchasing or taking any of the other Property mentioned in the said Schedule. House or Building mentioned in the Schedule to this Act annexed shall be corn- be applied to by or on behalf of the said Cornmissioners to treat for, sell, $;$i:;:f or convey any Portion thereof for the Purposes of this Act, and shall by his H~~~~ if Notice in Writing to be left with the Clerk of the said Commissioners willing to within Twenty-one Days after such Application signify his Inclination or sell the Whole. Desire to treat for, sell, and convey the whole of such Dwelling House or Building, and if it shall happen that the said Commissioners shall be unwilling or shall refuse to purchase the Whole of such Dwelling House or Building, then and in every such Case nothing in this Act shall extend or be construed to extend to compel the said Owner of such Dwelling House or Building to sell or convey, or to authorize the said Commissioners to take or use, Part only or less than the Whole thereof; any thing in this or the said recited Acts to the contrary thereof in anywise notwithstanding. VI. And be it further enacted, That all Sales, Conveyances, and As- Formof surdnces of any Lands, Tenements, or Hereditaments to be made to the Conveyance. said Commissioners shall be made on Parchment in the Form or to the Effect following ; (videlicet,) ' I A.B. of in consideration of the Sum ' of to me paid by the Commissioners ' acting under and by virtue of an Act made and passed in the Fifth Year 6 of the Reign of His Majesty King William the Fourth, intituled [here set forth the Title of the Act], do hereby grant and convey to the 6 said Commissioners all [here describe the PrerniJeJ to be conveyed], and all my Right, Title, and Interest to and in the same and every Part ' thereof, to hold to the said Commissioners for ever. In witness whereof ' I have hereunto set my Iland and Seal this Day of And every such Sale, Conveyance, and Assurance so made shall be good, valid, and eft'ectua to vest the Premises so conveyed in the said Commis- sioners , V. And be it further enacted, That if the Owner of any Dwelling ~o~ersotl to in the Year of our Lord 1264 5" & 6" GULIELMI IV. Capxlvii, sioners freed and absolutely acquitted and discharged of and from all Claims, Rights, hterests, Charges, and Incumbrances of all Persons whom- soever, to all Intents and Purposes whatsoever ; any Law, Statute, Usage, or Custom to the contrary notwithstanding. Plans and VII. And be it further enacted, That the said Plans and Book of Book of Re- Reference so deposited as aforesaid shall remain with and be kept by the ference to Clerk of the Peace for the Time being of the said Town of Dovor, and remain mitli all Persons interested therein shall have Liberty to inspect and peruse the the Clerk of the peace, same, and to make Copies thereof or Extracts therefrom, at all season- able Times, on Payment of One Shilling for each Inspection, and of Two Shillings and Sixpence more for every Hour during...

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