Dundee Water Act 1882

Publication Date:January 01, 1882
 
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Dundee Water Act 1882

(45 & 46 Vict.) c. xliii

An Act for enabling the Dundee Water Commissioners to construct additional Works, and to create and issue Debenture Stock; and for other purposes.

[19th June 1882]

[45 Vict.] Dundee Water Act, 1882. [Oh. xliii.] CHAPTER xliii. An Act for enabling the Dundee Water Commissioners to construct additional Works, and to create and issue A.P. 1882. Debenture Stock; and for other purposes. [19th June 1882.] W HEREAS the supply of water to the burgh of Dundee and 32 & 33 Vict. suburbs and places adjacent, within the limits of the Dundee c- xlvl-Water Act, 1869, is vested in the Dundee Water Commissioners (herein-after called " the Commissioners "), and the Commissioners hold and exercise, under the said Act and the Acts therein recited, the undertaking and powers rights and privileges of the Dundee Water Company, which include reservoirs and other works at Monikie and Crombie, in the county of Forfar, and aqueducts and lines of pipes from the said reservoirs to and in Dundee, and service reservoirs in Dundee : And whereas, by the Dundee Water Extension Act, 1871, the 34 & 35 Vict. Commissioners obtained power to take an additional supply of water c- cix-from the rivers Melgum and Inzion, and the loch of Lintrathen, and the affluents of tire said rivers and loch, all in the county of Forfar, for the purposes of the said Act, and for enabling them to supply water in bulk to public authorities and others beyond the limits of their ordinary supply, and for these and other purposes to make and maintain a reservoir at Lintrathen, and other works : And whereas, by the Dundee Water Amendment Act, 1872, the 35 & 36 Vict. Commissioners obtained powers to relinquish certain of the works e' x' authorised by the second recited Act, and to make, lay down, and execute an aqueduct, conduit, or line of pipes from Lintrathen to Dundee, and other works: And whereas, by the Dundee Water (Additional Powers) Act, 37&38Vi :. 1874, the Commissioners obtained powers to construct a distributing c- v-reservoir at Clatto, adjacent to the line of their authorised main pipe from Lintrathen to Dundee, and to execute certain deviations in the line of the said pipe, and other works : And whereas the Commissioners duly acquired the supply of water authorised by the second recited Act, and constructed the [Local.-43.] A 1 [Oh. xliii.] Dundee Water Act, 1882. [45 Vict.] A.D. 1882. reservoir and other works at Lintrathen also authorised by that Act, as well as other works authorised by the third and fourth recited Acts, and their acquisition of lands and water are of such au extent as will ensure to the town of Dundee and suburbs and places adjacent a large and abundant supply of water for many years to come : And whereas the estimated cost of the said works was considerably exceeded in consequence of the great and rapid increase in the price of iron and other material, and in wages, after the passing of the Acts authorising the said works : And whereas, in consequence of the increasing consumption of water drawn from Lintrathen, and the pressure of water in the main line of pipes from Lintrathen to Dundee at its lower levels, it is expedient to lay down duplicate pipes and other works at and adjacent to these lower levels, so as to ensure a constant supply of water : And whereas it is further expedient to extend the limits for the supply of water and the limits of compulsory supply defined by the first recited Act,- and to alter and enlarge the constitution of the Commissioners: And whereas it is also expedient that the Commissioners should be authorised to raise further money for the purposes of the works to be authorised by this Act and for the general purposes of their undertaking, and that they should he enabled to create and issue debenture stock in manner provided in this Act: And whereas it is expedient that the sinking funds created by the recited Acts for paying off or reducing debt incurred in providing the works and property of the Commissioners should be altered and. reduced : And whereas plans and sections showing the lines, situations, and levels of the works authorised by this Act, and also books of reference to the said plans containing the names of the owners and lessees, or reputed owners and lessees, and of the occupiers of the lands, houses, and other property required, or which may be taken for the purposes or under the powers of this Act, were duly deposited in the offices at Forfar and Dundee respectively of the principal sheriff clerk of the county of Forfar, and in the offices at Perth and Dunblane respectively of the principal sheriff clerk of the county of Perth, 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 2 [45 Vict.] Dundee Water Act, 1882. [Oh. xliii.] with the advice and consent of the Lords Spiritual and Temporal A.D. 1882. and Commons in this present Parliament assembled and by the authority of the same, as follows : This Act may be cited as the Dundee Water Act, 1882. Short title. The following Acts and parts of Acts (so far as the same Jneorpora-respectively are applicable for the purposes and are not inconsistent g"^ a ct with the provisions of this Act) are hereby incorporated with this Act : The Lands Clauses Consolidation (Scotland) Act, 1845 : 8 & 9 Vict. The Lands Clauses Consolidation Acts Amendment Act, 1860 : 2s & 24 Vict The Waterworks Clauses Act, 1847, except the provisions with c. ioe. respect to the communication pipes to be laid by the under- 10&nVict. takers, and also the provisions with respect to the amount of profit to be received by the undertakers when the waterworks are carried on for their benefit, and also with the exception of clauses 68, 70, and 72 : The Waterworks Clauses Act, 1863: 26 * 27 Vict. The clauses and provisions of the Railways Clauses Consolidation 8& 9 vict. (Scotland) Act, 1845, with respect to the temporary occupation 33-of lands near the railway during the construction thereof: Provided always, as regards the said last-mentioned Act, that the said clauses and provisions shall be read so as to apply only to the construction of the relieving tank or cistern by this Act authorised, and the works immediately connected therewith, and as if such relieving tank or cistern and works were therein referred to instead of "the railway," and as if the boundaries of the said relieving tank or cistern and works were therein mentioned instead of " the centre of the railway," and the prescribed limits shall be one hundred yards from the said relieving tank or cistern, and as if " the Commissioners " were therein mentioned instead of " the Company." 3. The several words and expressions to which, by the Acts interpreta- wholly or partly incorporated herewith, meanings are assigned, t,on clause- shall, in this Act, have the same respective meanings unless there be something in the subject or context repugnant to such construction. 4. Subject to the provisions of this Act, the Commissioners may Power to make and maintain in the lines or situations, and according to the mait? !vorks' . anil take levels shown on the deposited plans and sections, the aqueducts, lands, &c. conduits, or lines of pipes, relieving tank or cistern, road, and other works shown on the deposited plans, with all proper approaches, works, and conveniences connected therewith, and may enter on, take, and use such of the lands described in the deposited plans and A 2 3 [Ch. Xliii.] Dundee Water Act, 1882. [45 Vict.] A.D 1882. books of reference as they require for those purposes. The works herein-before referred to and authorised by this Act are : (1) An aqueduct, conduit, or line of pipes, to commence in the parish of Alyth, in and by a junction with the line of pipes of the Commissioners, firstly described in, and laid under, the Dundee Water Amendment Act, 1872, near Shangie sluice- house, and to terminate by a junction with the said line of pipes at a point in said line, within the parish of Newtyle, eighty yards or thereabouts eastward from the north-east corner of the dwelling-house of Hatton, or Hatton of Newtyle : A relieving tank or cistern (to be covered), to be wholly situate in the parish of Newtyle, and in that field on the farm of Millhole in the said parish, tenanted and occupied by James Millar, lying immediately on the west side of the public road (formerly turnpike) leading from Dundee to Meigle through Newtyle called the Newtyle Road: An aqueduct, conduit, or line of pipes, to be wholly situate in the parish of Newtyle, and to commence in and by a junction with the said line of pipes of the Commissioners, firstly described in, and laid under, the Dundee Water Amendment Act, 1872, at a point in said line in the said Newtyle Road four hundred yards or thereabouts from the junction with said Newtyle Road of the public road leading from Couston, measured in a northerly direction along the centre of the said Newtyle Road from the said junction, and to terminate in the tank or cistern secondly above described : An aqueduct, conduit, or line of pipes, to be wholly situate in the said parish of Newtyle, and to commence in and by a junction with the said line of pipes, firstly described in, and laid under, the Dundee Water Amendment Act, 1872, at a point in the said line in the said Newtyle Road, fifty yards or thereabouts from the junction with the said Newtyle Road of the said Couston Road, measured in a southerly direction from said junction, and to terminate in the said tank or cistern secondly above described: A road, to be wholly situate in the parish of Newtyle, and to commence in and by a junction with the said Newtyle Road, at a point in the said Newtyle Road one hundred and ninety...

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