Holderness Drainage Act 1832
| Jurisdiction | UK Non-devolved |
| Citation | 1832 c. l |
ANNO SECUNDO
GULLELMI IV. REGIS.
*****************************************************
Cap.
1.
An Act to alter and enlarge the Powers of Two
Acts,
passed in the Fourth and Sixth Years of
the Reign of His Majesty King
George
the Third,
for draining and improving certain Low Grounds
and Cars in
Holderness
in the East Riding of the
County of York. [23d May 1832.]
W
HEREAS an Act was passed in the Fourth Year of the Reign
of His Majesty King
George
the Third, intituled An Act for 4 G.
3.
c 47.
draining, preserving, and
improving
the. Low
Grounds
and
Cars
lying and
being
in the Parishes, Townships, Hamlets, Lordships, Precincts,
and Territories of Sutton, Ganstead, Swine, Benningholme, Benning*
holme Grange, and Fairholme, North Skirlaugh, Rowton, Arnold*
Long Riston, Leven, Heigholme, and Hallytreeholme, Brandesburton
andButsall, Eske, Tickton, Weel, Routh, Meaux, and Waghen other*
wise Wawn, in Holderness in the East Riding of the County of York:
And whereas an Act was passed in the Sixth Year of the Reign of His
said Majesty King
George
the Third, intituled An Act to render
more effec-i 6
G.
3.
c. 74.
tual an Act made in the Fourth Year of His present Majesty, for
draining.,;
preserving, and improving the Low Grounds and Cars lying and
being
in
the Parishes, Townships, Hamlets, Lordships, Precincts, and Territories of
Sutton, Ganstead, Swine, Benningholme, Benningholme Grange, and
Fairholme, North Skirlaugh, Rowton, Arnold, Long Riston, Leven,
Heigholme, and, Hallytreeholme, Brandesburton and Bursal, Eske,
\_Local.~\ i2 X Tickton,
2°GIJL;IELMI IV.
.1.
Powers, of
former Acts
extended to
this Act.
So much of
recited Act of
4 G. 3. as
enacts that
Mortgages,
§G.,shall 'not
be charged
with Stamp
Duty, re-
pealed.
Tickton, Weel,
Routh$.
Meaux,
arid
Waghen
otherwise
Wawrii in Holder-
ness in
the
East Riding of the
Cdtinty
of
York:
And whereas the said Low
Grounds and Cars now are and for some Years, past have been subject
to be overflowed with Water, and some Parts thereof thereby rendered
partially unfit for the Purposes of Agriculture, to the great Damage and
Loss of the Owners and Occupiers thereof and of the Public: And
whereas the Drainage of the said Low Grounds and Cars is capable of
being
made,
more complete and effectual by having separate Outfalls for
the Water's coming from the High and Low Lands; that is to say,*by
banking in the High Land Water, and taking it to the present Outfall
into the River Hull near to the Bridge at
Kingston-upon-Hull
called the
North.
Bridge,
and by taking the Low Land Water to an Outfall to be
made into the River
Huniber
through a certain Drain called 'the Bilton
Drain(along with the Water from Lands in the Township of Bilton in
Holderness
aforesaid), to, through, and into a certain Clough called the
Bilton,
Glough,
lying between or in the Townships of
Sadcoates)otherwise
Sotithtoates
in
Holderness
aforesaid an;d
Marfieet\'{'miaforesaid;;
but'the Purposes aforesaid cannot be effected without' the Aid and Au-
thority of Parliament: May it therefore please Your Majesty that it may
be enacted
y
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 and every the Powers,
Exemptions, Rules, Remedies, Regulations, Penalties, Forfeitures, Ar-
ticles,
Matters, and Things whatsoever therein'contained, (save and except
such Part thereof as relates to any Exemption from Stamp Duties, and
save and except such Part or Parts thereof as are altered, varied, or re*
pealed,)-shall be extended to- this Act, arid is and are hereby declared to
be in full Force and Effect, and' shall be as good, valid, and effectual for
carrying the Purposes rof this Act into execution, in as full, ample, and
beneficial a Manner,
"tb,
ail
Ments and Purposes Whatsdever,-
as
if
the
same
had
been,
repeated and re-enacted in this ACtw
H. ^nd Whereas it is
foy
the said recited Act of the Fourth. Year of the
Reign of 'Hfe Majesty Kijig
George
the Third enacted, that nb.'Nomiriation,
Appointment, Information, Order, Judgment, Conviction, Warrant, As:
SignhieUt, Transfer, of dther' Security for the- borrowing of'Money, or
'Other"
Writing whatsoever, under the Hand' affd Seal or Hands and Seals
of or* only
signed1-
by any Trustee or'TrUsteesj Cbmihissibner or Com-
rriissioWersjtfor. putting this &ct in ^execuiiony'-of by any Justice or Justices
of the Peace, 'of exhibited befbrfe them or any of them,, touching or con*
cerning or in the Ex^Curibn t>f any of the Powers or "Authorities hereby
vested in Such Trustee b'r Trri"ste^;Cbniitiissioner or'Commissioners, br
Justice rbr Justices "of the Peace, or any of
them*
or Transfer of any of the
Securities aforesaid'made by itiy^Person or-Persons, shall be chargedVr
cKargeablfe
with:
any Stamp Duty Whatsoever i And whereas it is expedient
that the sattie should be repealed; be it therefore further enacted, That the
same shall be and is 'hereby declared t6 be rej
So
niuch'bf IJL Arid 'whereas it is by the gaLid recited Act of the "Sixth 'Year of the
of6GbbA?
RsiSn
of' hi* Majesty^KiiigGeorge the'Third 'enacted, that all Mortgages
enactethat^ t0' hemade or granted asafbresaid shall be deemed Personal Estates,: arid
Mortgages shaH'ind1 'may be respectively 'assigned, tfahsferredi Wnd- assignable frotn
8 Time
26
GULIELMI IV. Cap.L
Time to Time by Indorsement without. Stamps
$
but all-such Mprtgageis shall bePer-
and Assignments thereof respectively shall be entered in a Book to be son.al Estates
kept for that Purpose by the Treasurer or Treasurers, or Clerk or Clerks, tTthout 6
to the said Trustees, who shall, at the Request of every Mortgagee 01;-As> Stamps, re-
signee respectively, enter the same without demanding or receiving any repealed.
other Fee or Reward than the Sum of Two: Shillings and Sixpence for
the same-: Provided always, that no Fee or Reward shall be demanded
or received for entering any Transfer that may be made at any Meeting
to be held in pursuance of this Act: And whereas it is expedient that the
same should be repealed; be it therefore further enacted, That the same
shall.be and is hereby declared to be repealed.
IV.! And be it further enacted, That for the more effectual Execution Lands; &c.
of this Act all the said Low Grounds and Cars, and the several Owners t0 be drained
and Occupiers oT the same in respect
thereof,
and.all Works already made „ut o/lhe"
or to be made, by virtue of this Act, for the Purpose of draining or the jurisdiction
Improvement of the said Low Grounds and Cars, and also all Banks, of the Court
Sewers, Drains, Watercourses, Cloughs, Stocks, Engines, and other of Sewers.
Works, Matters, and Things whatsoever within the said Low Grounds
and Cars .or belonging thereto, shall, from and after the First Meet-
ing of the Commissioner herein-after appointed, be subject only to the
Controul, Directions, Survey, Order, and Jurisdiction of the Com-
missioner herein named and appointed by virtue of this Act, and not to
the Controul, Direction, Survey, Order, and Jurisdiction of any Com-
mission of Sewers; any Law or Statute relating to Sewers, or any former
Law or Statute, to the contrary notwithstanding; Provided always, that
nothing herein contained shall extend or be construed to extend to take
away the present Jurisdiction of the Commissioners of Sewers in and over
-the.
River Hull.
V. And be it further enacted, That from and immediately after the APp0;0tment
passing of this Act all the Powers and Authorities' of the Trustees-acting pf
a
Commis-
under or appointed by the Powers of the said recited Acts Shall absolutely sioner.
cease and determine^ and William
Stickney
of
Ridgmont
in
Holderness
afore-
said, Gentleman, shall be and he is hereby appointed the Commissioner
for carrying this Act and the said Two recited Acts into execution, subject
to the Rules, Orders, and Directions herein-after contained^ and also
subject to such of the Rules> Orders, Directions, Authorities, Regula-
tions,
Restrictions, and Provisions contained in the said recited Acts as
are not repugnant to or controuled by any of the Powers contained in this
Act.
VI*
And be it further enacted, That the said William Stickney, and Appointing
Godfrey Park of Catwick in
Holderness
aforesaid, .Gentleman, and Cor-
Valuers-
neliusCollett of Severity in the said County of Tork, Gentleman^ shall
make and perfect, the several Valuations of the said Low Lands and Grounds
herein-after directed.to be made; and the Decision of the Majority of
them the said Commissioner and Valuers shall be binding.
VII.
Provided always, and be it further enacted, That the said William A
fresh
Elec-
Stickney shall.continue to be.and."to act as a'Commissioner from the Time tionofaGom-
he shall have taken the Oath or Affirmation hereby directed to be taken. ,j
until the last Thursday in the Month of June which will be in the Year1 everyjvee6
of Years.
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