Nene Valley Drainage and Navigation Improvement Act 1852

Publication Date:January 01, 1852
 
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Nene Valley Drainage and Navigation Improvement Act 1852

(15 & 16 Vict.) c. cxxviii

An Act for constituting Commissioners for the Improvement of the River Nene and the Navigations thereof; for the more effectual Drainage of certain Lands in the Counties of Northampton, Huntingdon, and Cambridge; and for other Purposes.

[30th June 1852]

ANNO DECIMO QUINTO & DECIMO SEXTO VICTORLE REGIN.E **^****************^********^********^**^***^****^ Cap cxxviii. d fo other an r An Act for constituting* Commissioners for the Improvement of the River Nene and the Navigations thereof; for the more effectual Drainage of certain Lands in the Counties of Northampton,. Huntingdon, and Cambridge; Purposes. [30th June 1852.] W Nene HEREAS by reason of defective Drainage or Liability to long continued Floods the Value of certain Lands ad- Northampton, Huntingdon, a] the Health of the Inhabitant prejudicially affected: And Nene. within wn tioned, were made more efficient for the Purposes of Drainage and Navigation: And whereas if the said River were diverted, straightened, and widened, and the Bed thereof deepened, and additional formed Weirs, and" other Works W [Local] 21 S Works 1910 15 & 16 VICTORIA, Cap. cxxviii. Nene Valley Drainage and Navigation Improvement Act, 1852. .-- ...?? I. , ? ,, .._?-. .^ ,_^ III ? ?? ..lM '"""" ? -???! -?-? - - .1 ? ,1 - ... , ,__ tf. ._ . .. ,_ ^ Works, the Discharge of the Waters of the said River would be greatly facilitated: And whereas by virtue of Four several Acts, passed in the Thirteenth Year of the Reign of Her Majesty Queen Anne, in the Eleventh Year of the Reign of His Majesty King George the First, in the Twenty-ninth Year of the Reign of His Majesty King George the Second, and the Thirty-fourth Year of the Reign of His Majesty King George the Third, Commissioners were appointed for making the River Nene navigable from Northampton to Peterborough^ and certain Undertakers or Proprietors were empowered to execute the Works for making and maintaining such Undertaking: ?. And whereas by virtue of an Act, passed in the Fiftieth Year of the Reign of His Majesty King George the Third, Chapter 206, that Part of the River Nene intended to be comprised within the Limits of this Act, and within the Division herein-after called the Lower Division, extending from a certain House called Bevis Hall at or near to the Boundary which divides the Parishes of Wisbech Saint Peter and Wisbech Saint Mary down to the Place where the Boundary Line between the Counties of Cambridge and Norfolk crosses the said River, is within the Limits of the Port of Wisbech^ and the Mayor, Aldermen, and Burgesses of the Borough of Wisbech levy certain Rates and Duties therein: And whereas by virtue of another Act, passed in the Eleventh and Twelfth Years of Her present Majesty, Chapter 143, the said Mayor, Aldermen, and Burgesses are authorized to levy certain other Tolls and Duties for the Purpose of raising and paying certain gross and annual Sums towards the making and executing the Works therein mentioned: And r whereas such Part of the River lastly herein-before mentioned is capable of great Improvement: And whereas it is expedient to constitute a new Body of Commissioners, and to vest in them the Improvement of and Jurisdiction over the said River Nene and its Navigations, navigable Channels, and its tributary Rivers and Streams, Drains and Watercourses, within the Parishes herein-after described, r and the Limits specified as comprising the Upper Division and Lower Division, except as; by this Act otherwise enacted, and to intrust to such Commissioners the Execution and Management of the Works herein authorized and herein-after referred to, and to grant to them the Powers herein-after mentioned for raising the Sums of Money herein-after provided for, in the Manner herein-after mentioned: And whereas the intended Works, or some of them, will either be beneficial to certain of the Towns and Districts herein-after more particularly specified, adjoining or near the said River, or will relieve" the Commissioners, Trustees, and Corporations representing such Towns or Districts from Liabilities to the Construction and Maintenance of certain Banks and Works, and the intended Works will also benefit the Property of certain Companies and Parties, and it is just and reasonable that such Towns and Districts, or the Commissioners, Trustees 15 & 16 VICTORIA Cap. cxxviii. 1911 Nene Valley Drainage and Navigation Improvement Act, 1852. Trustees, and Corporations representing the same, and such Companies and Parties, should contribute towards the Expense of the intended Works: And whereas the Erection of a new Bridge at a Place called the Dnn-in-a- Drmhh.t. will he of err eat Dublic Advantage: And whereas it is expedient that the recited Acts relating to that Part of the River between Northampton and Peterborough should be repealed, and more effectual Powers granted instead thereof, and that the Rights and Powers of all Commissioners, Undertakers, and others under such Acts should cease, and that the Commissioners appointed and incorporated by this Act should be empowered to execute the Works in the Lower Division herein-after mentioned, and to receive Contributions from the Mayor, Aldermen, and Burgesses of the Borough of Wisbech^ and that the Powers and Provisions of the Acts relating to the said River and the Port of Wisbech, and to certain of the Commissioners, Trustees, Companies, and Corporations to be affected by this Act, should be altered and amended, and that Powers should be given for the Collection of Rates, Tolls, Taxes, and Assessments, and certain of the existing Rates, Tolls, Taxes, and Assessments be altered: And whereas the several beneficial Purposes aforesaid 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 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, as follows: I. That this Act shall commence and take effect on the Fourth Commence- Thursday after the passing thereof. mentof Act. 4 II. That in citing this Act in other Acts of Parliament, and in Short Title. legal Instruments, it shall be sufficient to use the Expression " The Nene Valley Drainage and Navigation Improvement Act, 1852." Terms. III. That the following Words and Expressions shall in this Act have the several Meanings hereby assigned to them, unless there be JJ,on of something in the Subject or Context repugnant to such Construction: The Expression " Northampton and Peterborough Navigation Acts" shall mean the recited Acts of the Thirteenth Year of Queen Anne, Chapter Seven, the Eleventh Year of King George the First, Chapter Nineteen, the Twenty-ninth Year of King George the Second, and the Thirty-fourth Year of the Reign of King George the Third, Chapter Eighty-five : The Word " River" shall include the Part of the River Nene, and its Navigations, navigable Channels, Branches, Drains, and Watercourses, 1.912 15 & 16 VICTORIA, Cap. cxxviii. Nene Valley Drainage and Navigation Improvement Act, 1852, Watercourses, within the Limits of the Upper Division and Lower Division: The "Incorporated Commissioners" shall mean the Commissioners by this Act incorporated: The Word "Boat" shall include Ships, Barges, Boats, Lighters, Rafts, or other Vessels or Craft of every Description. First Com- LV\ That the following Persons shall be Commissioners for exe-missioners. cuting this Act, and shall be considered as representing the Districts herein mentioned; (that is to say,) The Reverend Sir George Stamp Robinson Baronet, William Henry Hughes Clerk, Captain Leicester Viney Vernon, John Reddall, John Beasley, Frederic Francis Fox, representing the First District herein-after described: Edward Bouverie, William Bruce Stopford, Lewis Loyd, William Smyth, John Yorke, Charles Henry Hartshorne Clerk, John Sargeaunt Clerk, Thomas Sanderson Clerk, Edward Fisher, and George Scriven, the Right Honourable the Earl of Aboyne, George Halliley Capron, George Percival Smith, the Honourable Granville Leveson Proby, Colonel Thomas Wright Vaughan, John Laurance, Charles Simpson, Charles Day, representing the Second District: John Walbanke Childers, the Honourable George Wentworth Fitz-tvilliam, Robert Hall Clerk, Charles Smith, Robert Mein, William Lawrance, Henry Morton, William Stevens, William Bridges, John Peed, John Burnham, Charles Boyce, Thomas Johnson, representing the Third District: Commis- V, That the Commissioners for the Time being shall be a Body corporatel CorPorate hY tlie Name and Style of " The Nme VaUeV Drainage and Navigation Improvement Commissioners," and by that Name shall have perpetual Succession and a Common * Seal, and by that Name may sue and be sued, plead and be impleaded, and for the Purposes of this Act purchase and hold Lands and Hereditaments, and Goods and Chattels, and dispose thereof to the Use and for the Purposes of the said Corporation, and shall have full Power and Authority to do, perform, and execute all Matters and Things by this Act provided and authorized. sioners Qualification VI,, That every Commissioner to be elected by the Proprietors in ommis- any o£ ^ Three Districts under this Act shall be seised or possessed or in the Enjoyment of the Rents and Profits of Lands liable to be taxed under this Act within any One or more of the Parishes comprised in the Three Districts herein specified of not less than Ten Acres, for an Estate not less than a Life in being for his own Use; but no such Qualification shall be required where such Commissioner is appointed 15&16 VICTORIA, 'Cap.cxxviii.' 1913 Nene Valley Drainage and Navigation Improvement Act, 1852. appointed by an Owner of Fifty Acres or Two hundred Acres of taxable Land, or by the contributing Corporations or Commissioners, as herein authorized. 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