Exeter Canal Act 1829

Publication Date:January 01, 1829
 
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Exeter Canal Act 1829

(10 Geo. 4) c. xlvii

An Act for altering, extending, and improving Exeter Canal.

[14 May 1829]

ANNO DECIMO GEORGII IV. REGIS. ?*#****#***##********#******?************#**** ^**^*^* Cap. xlvii. An Act for altering, extending, and improving the Exeter Canal.. [14th May 1829.] W HEREAS the Mayor, Bailiffs, and Commonalty of the City of Exeter are the Owners of a navigable Canal which was formed by their Predecessors many Centuries since, for conveying Goods, Wares, and Merchandize, in Barges, Boats, and other Vessels, from the Tideway or navigable Channel of the River Exe above the Town of Topsham in the County of Devon to a Point immediately above the King's Arms Sluice in the Parish of Saint Thomas the Apostle in the same County, so as to join the River Exe at the public and open Quay at Exeter situate in the Parish of the Holy Trinity in the County of the same City: And whereas the said ancient Canal, having been formed very imperfectly, was till lately subject to the Ebb and Flow of the Tide from the said River Exe at its former Entrance through a Sluice called the Lower Sluice situate above the said Town of Topsham, and thereby the Banks of the said Canal were frequently injured, the Repairs thereof rendered expensive, and the Navigation of a considerable Portion of the said Canal liable to great and daily Obstruction, Uncertainty, and Delay : And whereas the said Mayor, Bailiffs, and Commonalty have lately stopped up the aforesaid late Entrance at the Lower Sluice, and have extended the said Canal lower down into the deeper Part of the Tideway or navi gable Channel of the said River Exe, to a Place called Turf, below the said Town of Topsham, and contemplate the opening of a Lock or Entrance above the Town of Topsham, as herein-after mentioned, Local.^ 13 G and 1130 Corporation of Exeter may complete the Canal from the King's Arms Sluice to the Turf. I0GEQRGII IV. Cap.xWii and have altered and improved the ancient Part of the said Canal above the said late Lower Sluice, and the said Works are not yet completed : And whereas by stopping up the said Entrance at the Lower Sluice, and extending the said Canal to the present Entrance at Turfss aforesaid, a more certain, expeditious, and easy Communi-- cation has already been opened between the Mouth of the River Exe and the City of Exeter, and by. the said intended Lock above the Town* of Topsham the Communication between that Place and the Quay at Exeter will be fully preserved, and the Completion of the Improvements of this Canal will be of great public Utility : And whereas the said Mayor, Bailiffs, and Commonalty, in the Progress of the aforesaid several Works, have expended very large Sums of Money, and are unable properly to complete the same without borrowing further Sums for that Purpose: 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, That the Mayor, Bailiffs, and Commonalty for the Time being of the said City of Exeter, and their Successors and Assigns, Proprietors of the said Canal, shall be and they are hereby.authorized and empowered to complete and maintain the said Canal, from the said King's Arms Sluice in the Parish of Saint Thomas the Apostle in the County of Devon to the said Place called the Turf, below the Town of Topsham in the said County, lately extended and improved as aforesaid, and for that Purpose to keep closed and stopped up the former Entrance into the ancient Part of the said Canal at and through the Lower Sluice, and to substitute in the Stead thereof the present Entrance, at the Extremity of the said extended Canal at Turf, and also the Lock or Entrance to- be opened above the Town of Topsham, as herein-after mentioned and otherwise to improve the same Canal as herein-after is mentioned, and to do and perform all other Works, Matters, and Things directed and intended to be done and- performed by virtue of this Act, subject to the Rules, Orders, and Directions herein-after, expressed. Corporation to do all Things necessary for maintaining the said Canal. II. And be it further enacted, That it shall be lawful for the said Mayor, Bailiffs, and Commonalty, and they are hereby authorized and required, from and:after the passing of this Act, by themselves, their Deputies, Agents, Officers, Workmen, and Servants, to open and keep navigable and passable for Boats, Barges, and other Vessels the said Canal so lately extended as aforesaid, from the Tideway or navigable Channel of the River Exe at or near to the said Place called Turf, in the Parish of Exminster in the said County of Devon, and also from a certain intended Entrance into the said Canal from the said navigable River Exe. above the Town of Topsham as hereinafter mentioned, into the ancient Part of the said Cartal above the late Lower Sluice, and from thence to a Point immediately above the King's Arms Sluice as aforesaid, so as to preserve the aforesaid Communication with the Exeter public Quay, and also to widen the ancient or upper Part of the said Canal, and to strengthen the Banks of the said ancient and extended Canal by widening the same, or otherwise as Occasion shall require, at the several Places mentioned and described in the respective Maps or Plans of the said Canal deposited with the 1 respective 10GEORGII IV. Cap.xhu. 1131 respective Officers of the Clerk'of'the'Peace of the said County of Devon and County of the City of Exeter, and at such.' other Places on the said Canal as shall from Time to Time hereafter be found" necessary, not exceeding Thirty Feet in Breadth measured horizontally from the Boundary of such the present Banks or Towing Paths; and the said Mayor, Bailiffs, and Commonalty are hereby fully authorized and required, from Time to Time and at all Times here-; after, to continue to supply the said Canal with Water from the River Exe, as heretofore ancientlythey have been accustomed to'do ; and to cleanse, scour, deepen, embank, enlarge, vary, alter, or divert any Brook, Stream, or Watercourse adjoining or situate within the Line of the said Canal, and which may be necessary for the Purpose -of draining and carrying off the same, or which shall or may hinder^ prevent, or otherwise obstruct the Completion of the said Works ; and for the several Purposes aforesaid, by their Deputies, Servants, Agents, and Workmen, to enter into and upon the Lands and Grounds of any Person or Persons, .Bodies Politic, Corporate, or Collegiate whatsoever, and to survey and take Levels of the same or. of any Part thereof, and to set out and ascertain such Parts thereof as they the said Mayor, Bailiffs, and Commonalty shall think necessary and proper for the altering, improving, completing, maintaining, and using of the said Canal and other Works and Conveniences already made or hereby authorized to be made ; and there to bore, dig, cut, trench, and excavate, and also to remove, carry away, and take, any Earth, Clay, Stone, Soil, Rubbish, Trees, Roots of Trees, Beds of Gravel or Sand, or any other Matters or Things which may be dug or got out in the altering or completing, or which may hinder, prevent, or obstruct the making, carrying on, maintaining, or repairing the said Canal and other Works respectively, according to the true Intent and Meaning of this Act; and also to make, build, erect, and set up, in or upon the said Canal, or in or upon the Lands adjoining or near thereto respectively, such and so many Bridges, Piers, Arches, Tunnels, Aqueducts, Culverts, Sluices, Locks, Flood Gates, Weirs, Banks, Embankments, Dams, Pens of Water, Basins, Wharf, Quay, Houses, Toll Houses, Landing Places, Weighing Beams, Cranes, Gates, Fences, and Conveniences for the Purposes aforesaid, as and ?where the said Mayor, Bailiffs, and Commonalty shall think requisite and convenient; and also from Time to Time to alter, repair, amend, or discontinue the same or any of them ; and to place, lay, work, or manufacture any Materials on the Lands or Grounds at or near to the Place or Places where the said Works or any of them shall be carrying on; and from Time to Time to alter, make, build, erect, construct and keep in repair any Piers, Arches, Aqueducts, and other Works in, upon, over, or across any Roads, Rivers, or Brooks, for making the said Canal and Cuts, or the Tunnels, Aqueducts, Soughs, Trenches, Gutters, Watercourses, and Sluices which shall communicate with the said Canal; and also to alter, improve, make, set out, and appoint such Towing Paths, Banks, Roads, and Ways for the towing, hauling, or drawing of Boats, Barges, and other Vessels passing upon the said Canal with Men, Horses, or otherwise, and such convenient Places for Boats, Barges, and other Vessels to turn, lie, or pass each other in, as the said Mayor, Bailiffs, and Commonalty shall think proper and expedient; and also to dig, take, and carry away 1132 10GEORGII IV. Cap.xhii. away any Soil, Clay, Gravel, Sand, or Stone, which shall be proper, requisite, and convenient for the carrying on, repairing, and maintaining of the said Canal and several Works aforesaid, or any of them, in or from the Grounds of any Person or Persons adjoining thereto ; and also to construct, erect, make, and do all or any other Works, Matters, and Things whatsoever which they may think convenient and necessary for the carrying on, completing, repairing, improving, maintaining, and using of the said Canal and other Works, in pursuance of and according to the true Intent and Meaning of this Act; they the said Mayor, Bailiffs, and Commonalty, their several Deputies, Agents, Officers, and Workmen, doing as ljttle Damage as may be in the Execution of the several Powers to them hereby granted, and making Satisfaction, in manner herein-after mentioned to the Owners and Proprietors of and other Persons...

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