Manchester Streets Act 1836

Publication Date:January 01, 1836
 
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Manchester Streets Act 1836

(6 & 7 Will. 4) c. xvi

An Act to enlarge the Powers of several Acts for effecting Improvements in the Streets and other Places within the Town of Manchester.

[22nd April 1836]

ANNO SEXTO GULIELMI IV. REGIS. #*******#*********####********##***#********#*#*?*?*## Cap* xvi. An Act to enlarge the Powers of several Acts for effecting Improvements in the Streets and other Places within the Town of Manchester. [2c2d April 1836.] W HEREAS ah Act was passed in the Fifth Year of- the Reign of His late Majesty King George the Fourth, intituled An Act for better lighting with. Gas the Town 5G.4. c.133. of Manchester in the County Palatine of Lancaster: And whereas another Act was passed in the Ninth Year of the Reign of His said late Majesty, intituled An Act to amend several Acts for cleansing, 9 g.+. c.117. lighting, watching, improving, and regulating the Towns of Man chester and SaXi'ord, in the County Palatine of Lancaster: And whereas another Act was passed in the Eleventh Year of the Reign of His said late Majesty, intituled An Act to amend several Acts for supplying n G.+.C.47. the Town of Manchester with Gas, and for regulating and improving the same Town: And whereas another Act was passed in the First Year of the Reigri of His present. Majesty King fVilliayn the Fourth, intituled An Act to authorize the raising of further Monies for sup- \ w.4. c 16. plying the 'Town of Manchester with Gas: And whereas another Act was passed in the Second Year of the Reign of His said present Ma jesty, intituled An Act for widening and improving a Part of London 2 W.4. c.36. Road in the Parish of Manchester and County of Lancaster, and also for effecting Improvements in the Streets and other Places within and conligtious to the Town of Manchester: And whereas the second and third recited Acts contain certain Powers and Authorities enabling "The Commissioners for cleansing, lighting, watching* and regulating the Town of Manchester," and a certain Committee by them ap pointed and to be from Time to Time appointed, called " The Im- £rovement Committee," to make Improvements in the Streets, Squares, ,anes, Alleys, Passages, and Places of the said Town of Manchester, [Local.'] 5 M by 414 GGULIELMI IV. Cap.xvi. by widening, opening, or altering the same, and otherwise as expressed and mentioned in such Acts, the Costs, Charges, and Expences of such Improvements being to be supplied and discharged by means of the surplus and other Monies which the Directors acting in execution of the said first-recited Act shall, subsequently to the passing of the said third-recited Act, have paid over or shall pay over to the said Commissioners, pursuant to the said second and third recited Acts, for the Purpose of improving the said Town of.Manchester, as in the said last-mentioned Acts is also expressed: And whereas the said Commissioners and the said Improvement Committee, or One of those Bodies, in the Exercise of the said Powers and Authorities, have already effected many Improvements in the said Town, and are now in the course of completing some of the Improvements contemplated by the said last-recited Act: And whereas it is expedient to make and form so much of an intended Communication between a certain Street or Place in the Town of Manchester aforesaid called Hunt's Bank and a certain other Street or Place in the Town of Manchester aforesaid called Cateaton Street or Old Bridge as extends from the southerly End of the Land formerly the Site of the Ring o' th' Bells Public House, situate near and adjoining to the Footpath running along the westerly End of the College oJ'Christ\n Manchester aforesaid, to the said Street called Cateaton Street or Old Bridge, and also to widen and improve a certain other Street or Place in the Town of Manchester aforesaid called Smithy Door, extending from Cateaton Street or Old Bridge aforesaid to a certain other Street or Place in the Town of Manchester aforesaid called The Mar/eel Place, and also to widen and improve certain other Streets or Places in the Town of Manchester aforesaid called Saint Mary's and The Parsonage, extending from a certain other Street or Place in the Town of Manchester aforesaid called Water Street to a certain other Street or Place in the Town of Manchester aforesaid called Blackjriars ; and it is also expedient to make within and contiguous to the said Town of Manchester further Improvements ; but the said several Objects 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 King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Par-Powers of liament assembled, and by the Authority of the same, That from recited Acts an(] after the passing of this Act the said several recited Acts, and J.06*!6:'1 t0 all Powers and Authorities, Provisions, Regulations, Matters, and . Things whatsoever respectively therein contained, as the same Acts, Powers, Authorities, Provisions, Regulations, Matters, and Things may be when construed and applied collectively and together, shall extend and apply to and be construed to extend and apply to and be exercised by the said Directors, Commissioners, and Improvement Committee, and each and every of those Bodies, and shall operate and be in force as fully and effectually with respect to the several Messuages, Houses, Buildings, Lands, Tenements, ami Hereditaments, and Parts of the several Messuages, Houses, Build: ings, Lands, Tenements, and Hereditaments, within the said Town of Manchester, specified or mentioned in the Schedule to this Act annexed (which is to be taken, deemed, and construed to be Part of this Act), and generally in every other respect whatsoever for effect- 6 GULIELMI IV, Cap.xvl 415 ing the several Improvements and Alterations contemplated by and the general Purposes of this Act, or any of them, .as if the same were herein repeated and re-enacted and made Part hereof,-and as if the said Schedule had been annexed to and formed Part of the said third-recited Act, subject nevertheless and without Prejudice, so far as the Provisions of the said previous Acts may be affected thereby, to the express Stipulations and Provisions herein contained. II. And be it further enacted, That where any Lands, purchased Power to or wanted or intended to be purchased for the Purposes of the said |jg'cc fur the recited Acts or of this Act, shall be subject, solely or jointly with T7iUiase ot ant- i t i -,ii i i i "i J i Lands w other Lands not intended or wanted to be purchased, to or with any ed from Rent Service, Rent Charge, or Chief Rent, or other Rent, Payment, Kents or Incumbrance, it shall be lawful for the said Improvement Com- chargC(l mittee for the Time being to agree for the Release of the Lands l ereon-so purchased or wanted or intended to be purchased from such Rent, Payment, or Incumbrance, and also (where necessary or convenient) for an Apportionment of such Rent, Payment, or Incumbrance, for such Sum of Money in gross as shall be agreed upon between the said Committee and the Party who under the Provisions of the said Acts or this Act shall agree to sell or apportion the same, and which Agreement may be entered into by all Corporations and other Persons by the said Acts or this Act authorized and empowered to sell or convey Lands; and in case any Difference shall arise respecting the Value of such Rent, Payment, or Incumbrance, or respecting the Apportionment thereof the same shall be determined by a Jury, if required, in like Manner as the Price of Lands is by the said third-recited Act directed to be settled in case of Dispute as to the Value thereof which Jury shall assess and determine the Value of the Rent, Payment, or Incumbrance affecting the Lands purchased or wanted or intended to be purchased, and shall also (where necessary or convenient) apportion the^ .Rentt Payment, or Incumbrance affecting the Lands jointly subject to Rent, Payment, or Incumbrance, as hercin-beforc is mentioned, according to the respective Values of the Lands purchased or wanted or intended to be purchased, and of the Lands not purchased or wanted or intended to be purchased for the Purposes aforesaid ; and all Contracts, Conveyances, and Assurances which shall be made by and between or to the said Commissioners, Improvement Committee, and any such Party as aforesaid, respecting such Release, shall be valid and effectual in the Law, and shall extinguish the whole or a proportionate Part of such Rent, Payment, or Incumbrance (as the Case may be): Provided always, that where the Party entitled to such Rent, Payment, or Incumbrance shall consider the remaining Part of the Lands so jointly subject a sufficient Security for such Rent, Payment, or Incumbrance, and shall be willing to release the Land so purchased for the Purposes aforesaid therefrom, then and in such Case it shall be lawful for the Party entitled by the said Acts or this Act, or capacitated to apportion such Rent, Payment, or Incumbrance, or to release the Lands so purchased therefrom, with the Consent of the Owner of the Lands so purchased and also of the Owner of the Lands so jointly subject as aforesaid, to release the Lands so purchased as aforesaid from the Rent, Payment, or Incumbrance so affecting the same as aforesaid jointly with other Lands, on condition 416 6 GULIELMI IV. Cap.xvl dition or in consideration df such other Lands continuing of remaining only and exclusively subject to the whole of such Rent, Payment* or Incumbrance, in like Manner and with the like Remedies as if such Rent, Payment, or Incumbrance had been originally charged upon the Lands .which shall riot be so purchased as aforesaid: Provided also, that When any of the Lands purchased for the Purposes aforesaid shall be released from any Rent, Payment, Of Incumbrance, affecting the same jointly with other Lands not purchased...

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