Huddersfield Water Act of 1845

The Huddersfield Water Act of 1845 was summarised as:

An Act to alter, enlarge, and amend an Act for Supplying with Water the Town and Neighbourhood of Huddersfield, in the West Riding of the County of York.

The following is a transcription of a historic article and may contain occasional errors.

8 & 9 Vict. — Sess. 1845.

An ACT To alter, enlarge, and amend an Act for Supplying with Water the Town and Neighbourhood of Huddersfield, in the West Riding of the County of York.

Whereas an Act was passed in the seventh and eighth years of the reign of his late Majesty King George the Fourth, intituled "An Act for supplying with water the town and neighbourhood of Huddersfield in the West Riding of the County of York," whereby certain Commissioners were appointed for carrying the said Act into execution as therein mentioned ;

And whereas the reservoirs, aqueducts, waterworks, and conveniences authorized to be made by the said recited Act were duly completed and perfected, but the same have been found insufficient to supply the inhabitants within the limits of the said Act with water, and it is expedient that the Commissioners should be empowered to construct additional works, and that further powers should be granted to the Commissioners for carrying the objects of the said recited Act into execution, and that some of the powers and provisions of the said recited Act should be altered, extended, and enlarged;

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, That all the powers, authorities, remedies, provisions, regulations, privileges, penalties, forfeitures, charges, restrictions, clauses, matters and things whatsoever contained in the said recited Act, and whether in force and operation immediately before the passing of this Act, or expired or become void by effluxion of time or otherwise (so far as the same are not expressly altered or repealed by this Act), shall extend to this Act, and shall operate and be in force in respect to the clauses, enactments, objects and purposes hereof, as fully and effectually, to all intents and purposes whatsoever, as the same are in and by the said recited Act made available for the purposes thereof, and as if the same and every part thereof were repeated and reenacted in this Act and were made part thereof; and the said recited Act and this Act, as to all matters and things whatsoever (except as aforesaid, and also except as regards the proviso hereinafter contained relative to the rights, titles and claims, if any, of Sir John William Ramsden, Baronet, and other the person and persons hereinafter mentioned or referred to, his and their heirs, executors, administrators and assigns,) shall be construed as one Act.

And be it enacted, That it shall be lawful for the Commissioners to purchase by agreement with the owners thereof, or other persons interested therein, the land upon which the service tank and buildings erected by the Commissioners in Spring Street, in the town of Huddersfield, under the authority of the said recited Act, are situate ; and to pay the purchase money for the same out of the money which they are by this Act authorized to raise.

And be it enacted, That from and after the passing of this Act, it shall be lawful for the said Commissioners and their successors by themselves, their agents, servants and workmen, and they are hereby empowered, to construct and maintain all such additional reservoirs, waterworks, and other works and conveniences as they shall think proper in the situations, and upon, into, through, over or under the lands delineated on the plan and described in the book of reference relating to the said waterworks deposited with the clerk of the peace for the West Riding of the county of York as hereinafter more particularly mentioned, and to supply with water by means of such waterworks the town and neighbourhood of Huddersfield, within the township and parish of Huddersfield aforesaid, as well from, the several springs or sources of water mentioned in the said recited Act, as also from certain other springs, sources or streams of water called or known by the names of the Ridings, Helm Hirst, Lynn Lands, Cat Tail Ing, and Wood Field Springs, and the several springs, sources and streams of water flowing into Bunney Clough, and called Bunney Clough Springs, and from all and every the springs or sources of water now taken or used by the said Commissioners for that purpose, within the townships of Longwood and Golcar, or one of them, both within the said parish of Huddersfield, and also all the surface water which shall or may flow or run from, on, or along the lands and grounds in the said townships of Longwood and Golcar, or either of them, above or level with, and lying adjoining or near to the present or intended reservoir or reservoirs of the said Commissioners at or near to Royleshead in Longwood aforesaid, and also from such springs, watercourses, and other sources of water as may be found in constructing the said additional waterworks and other works by this Act authorized; and for the purposes aforesaid from time to time for ever hereafter to lay down, dig, cut, drive, make or set up, and to maintain and keep in repair all such aqueducts, drains, sluices, main and service pipes and feeders, or other pipes or conveyances for water, cocks or plugs, in, upon, under and along any of the public roads, streets, lanes, ways or paths, or the sides thereof, within the townships of Longwood and Lindley-cum-Quarmby, and the town and neighbourhood aforesaid; and all damage which shall be thereby done, or which at any time thereafter shall arise from the said aqueducts, drains, sluices, pipes, works and conveniences to any of the said lands, roads, streets, lanes, ways or paths, shall be immediately repaired and made good by the said Commissioners: Provided always, that nothing in this Act or in the said recited Act contained shall extend to prevent the said Commissioners supplying With water from the said works any of the parties now deriving a supply of water therefrom : Provided always, that before the said Commissioners shall take any water from the said streams, springs or sources of water called Bunney Clough, they are hereby authorized and required to construct and affix an embankment or weir across the said Bunney Clough, and to insert in such embankment or weir a pipe or aperture of one inch and a quarter in diameter for the purpose of supplying the works or manufactories now or heretofore supplied with water therefrom ; and that the whole of the surplus water arising in or flowing down the said Bunney Clough shall, after filling the said last mentioned pipe or aperture, be diverted and taken by the said Commissioners for the purpose of supplying with water the inhabitants or occupiers of houses, buildings or premises situate within the said town and neighbourhood, within the township and parish of Huddersfield aforesaid, according to the provisions of the said recited Act or of this Act,

Provided always, and be it enacted, That nothing in this Act or in the said recited Act contained shall extend, or be construed to extend, to authorize or enable the said Commissioners to take, use, impound, obstruct or divert two certain springs or streams of water situate in the said townships of Longwood and Golcar, or one of them, in the said parish of Huddersfield, the one of such springs being called or known by the name of Holling Hall Spring, and the other called or known by the name of Bunney Clough Spring, the latter of such springs rising or having its source in the south-west comer of a certain field or close called the Milking Close, in the possession or occupation of John Dyson, as tenant to Sir Joseph Radcliffe, Baronet, but that the said two several springs last mentioned shall at all times hereafter be permitted to flow, and be taken and used by the inhabitants of the said township of Golcar, as freely and uninterruptedly, and in such and the same manner in all respects, as the same have been heretofore accustomed to flow, and be taken and used, any thing in this Act or in the said recited Act contained to the contrary thereof in anywise notwithstanding.

And whereas it is by the said recited Act enacted, That it should be lawful for the said Commissioners to make complete and maintain (among other works) a reservoir, works and conveniences, at or near to a certain place called the Leys, in the said township of Longwood, for the purpose of supplying the owners and occupiers of certain mills and works thereinafter mentioned with water, and after reciting that the owners and occupiers of certain mills and other works called Newmill, Cloughbottom Mill, Bank House Mill and Longroyd Mill, situate upon Longwood and Golcar Brook, and upon the River Colne respectively, within the townships of Longwood and Huddersfield, and North Crosland, in the said county, were then and had been for some time past in part supplied with water from the springs therein mentioned, called Nettleton Hill or Maulshead, Royleshead, Baldroyd, Middlespring, Headwell Spring, and Clooghhead Springs, or some of them, and that it was estimated that One hundred and twenty thousand gallons of water per diem would be sufficient for the then present supply of the said town and neighbourhood of Huddersfield, and inasmuch as it might happen that such owners or occupiers of the said mills and works might be respectively injured or prejudiced by the diversion or use of the water, or part thereof, from the said springs, or some of them, for the purposes of the said recited Act it was reasonable that the deficiency which might arise from such diversion should be provided for at the sole Expense of the said Commissioners, and it was expedient that provisions should be made for securing such supply of water, and otherwise for the protection, security, compensation and satisfaction of the respective owners and occupiers thereof, and that the reservoir thereinbefore authorized to be made at or near to Leys aforesaid, was intended for the sole purpose of affording such supply; It was by the said Act therefore enacted, That the said Commissioners should, at their own expense, previous to the diversion Of the said water, or any part thereof, from the said springs therein mentioned, or any of them, make the said reservoir for impounding and keeping water, for the use, benefit and advantage of the owners and occupiers of the said mills and works respectively, of such dimensions and extent as would hold and contain not less than Two millions four hundred thousand cubic feet of water available for the purposes of such owners and occupiers, such reservoir to be formed in the manner therein mentioned; and the said Commissioners should, from time to time, well and sufficiently repair, uphold, maintain and support the said reservoir and all the works appertaining thereto; and that it should be lawful for the owners and occupiers of the said mills and other works, from time to time, and at all times, as they should think fit, to draw off the water from the said reservoir for the use of the said mills and other works respectively; And it was by the said recited Act further enacted, That in case it should at any time thereafter become necessary for the purpose of supplying the said town and neighbourhood with water, for the said Commissioners to take from the said springs or sources of water called Nettleton Hill or Maulshead, Royles-head, Bald Royd, Middle Spring, Head well Spring and Cloughhead Springs, a greater or larger quantity than One hundred and twenty thousand gallons per diem, then and in such case the said Commissioners should previously enlarge and maintain the said reservoir at Leys aforesaid, so as to be capable of containing an additional quantity of water commensurate with the excess so required, and for the purpose of ascertaining the quantity of water taken by the said Commissioners for the purposes aforesaid, the said Commissioners should find, provide, affix and maintain such gauges at such places and in such manner as Mr. Nicholas Brown (an engineer appointed on behalf of the said Commissioners), and Mr. John Raistrick (an engineer appointed on behalf of the said owners and occupiers), should think necessary, and in case any dispute should at any time arise as to the quantity of water taken by the said Commissioners from the said springs, the said Commissioners should, from time to time, allow the owners and occupiers of the said mills and other works, and any engineer to be appointed by them, to enter into and upon, view and inspect the said water works and other premises of and belonging to the said Commissioners, and to take all necessary gauges for ascertaining the exact quantity of water taken by the said Commissioners from the said springs for the purposes aforesaid, and that for the purpose of facilitating the inspection above mentioned, the said Commissioners should cause a key of the buildings within which such gauges were placed to be kept at some house within one quarter of a mile of the said gauges, which key should be at all times accessible to any of the last-mentioned persons having the right of inspection. And whereas the said provisions for regulating the quantity of water to be taken by the said Commissioners have been found inconvenient; be it therefore enacted, That so much of the said recited Act as relates to the proportions or size of the said reservoir for the supply of the said mills and other works, and the quantity of water taken by the said Commissioners for the purpose of supplying the said town and neighbourhood with water, and to the fixing and maintaining of gauges, and the appointing of engineers, and all other clauses and provisions in the said recited Act contained, for ascertaining the quantity of water taken by the said Commissioners, shall be and are hereby repealed.

And be it enacted, That the said Commissioners shall at their own expense, previous to the diversion of any water from any of the additional springs or sources of water not heretofore taken or used by the said Commissioners, enlarge and extend the said reservoir for impounding and keeping water for the use, benefit and advantage of the owners and occupiers of the said mills and other works respectively, to such dimensions and extent as will hold and contain in the whole six millions five hundred thousand cubic feet of water available for the purpose of such owners and occupiers, the bank of such reservoir to be raised and completed in the same proportions as regards the slope or inclination thereof as are provided by the said recited Act for the present bank thereof, and no new excavations within such reservoir shall be made at a lower level than the pipe next hereinafter mentioned; and the said Commissioners shall introduce a discharge pipe of proper materials into the bank of the same reservoir, not more than twelve feet below the top of the present bank, and such last mentioned pipe shall be twelve inches in diameter, unless a majority of the owners and occupiers of the said mills and other works hereinbefore mentioned shall, within three months next after the passing of this Act, require that the said pipe shall be of less diameter than twelve inches; and such pipe shall be provided with a valve or dough for drawing off the water from the said reservoir, for the use of the said mills and works; and such last mentioned reservoir shall, when enlarged as above mentioned, be provided with proper waste weirs for carrying off the waste water thereof; and the said Commissioners shall at their own expense, from time to time and at all times hereafter, well and sufficiently repair, uphold, maintain and support the said reservoir, and the dams, banks, goits, trunks, channels, water gates and other works appertaining thereto; and the said Commissioners shall also, at the like expense, provide the said owners and occupiers of the said mills and other works with a free and uninterrupted right of footway to and from the bank of the same reservoir, for the purpose of conveniently regulating the discharge or supply of water therefrom.

Provided always and be it enacted, That when the said Commissioners shall have made and completed the said last mentioned reservoir of such size and extent and in manner above mentioned, they shall give notice to the said owners and occupiers of the said mills and other works thereof, and of the appointment of an engineer on behalf of the said Commissioners for the purposes next hereinafter mentioned, whereupon the said owners and occupiers of the said mills and other works shall, within twenty-eight days next after the delivery of such notice as last aforesaid, give notice to the said Commissioners of the name and address of an engineer on their behalf for the like purposes; and such two engineers shall proceed forthwith to survey such reservoir and measure the capacity thereof, and shall certify in writing under their hands the completion and size thereof to the said Commissioners, and the said owners and occupiers of the said mills and other works, which certificate, when obtained, shall be filed at the office of the said clerk of the peace, and an examined copy thereof shall be received in all courts of justice or elsewhere as evidence of the contents thereof: Provided nevertheless, that if the owners and occupiers of the said mills and other works shall neglect, for the said space of twenty-eight days, to signify to the Commissioners the name and address of an engineer on their behalf, the said reservoir shall be deemed to have been constructed in all respects according to the provisions of this Act, and it shall not be lawful for the said owners and occupiers at any time thereafter to call in question the sufficiency thereof.

And whereas a plan and section, describing the intended additional reservoirs and aqueducts, and the lands upon, in or through which the same respectively are intended to be made or carried, together with a book of reference, containing lists of the names of the owners, lessees and occupiers, or reputed owners, lessees and occupiers of such lands, has been deposited with the clerk of the peace for the West Riding of the county of York; Be it therefore enacted, That the said plan, section and book of reference shall be kept by the said clerk of the peace, who shall permit all persons to inspect the same at seasonable times, and shall make out copies and extracts therefrom for all persons requiring the same, on being paid the sum of one shilling for every such inspection, and at the rate of six pence for every one hundred words copied.

And for the purpose of making provision for correcting any omission, mis-statement or erroneous description of any lands, or of the owners, lessees or occupiers of any lands described on the said plan, or in the said book of reference or the schedule hereto; Be it enacted, That the correction of any such matter may be referred by the Commissioners to the determination of two justices; and if it shall appear to such justices that such omission, mis-statement or erroneous description arose from mistake, they shall certify the same accordingly, and they shall in such certificate state the particulars of any such omission, and in what respect any such matter shall have been mis-stated or erroneously described; and such certificate shall be deposited with the said clerk of the peace, and copies or extracts thereof with the clerk of the said parish of Huddersfield; and such certificate, and such extracts or copies respectively, shall be kept by such clerk of the peace and parish clerk along with the documents to which they relate; and thereupon such document, or the schedule to this Act, shall be deemed to be corrected according to such certificate; and it shall be lawful for the Commissioners to execute the works in accordance with such certificate.

And be it enacted, That true copies of such plan and book of reference, or of any correction thereof, or extracts therefrom, certified by such clerk of the peace, shall be received in all courts of justice, or elsewhere, as evidence of the contents thereof.

And be it enacted, That the Commissioners shall not •take or injure any property of the following kinds, except such as shall be specified in the schedule to this Act, without the consent in writing of the owners and occupiers thereof, unless the omission in such schedule be certified according to the provisions hereinbefore contained to have proceeded from mistake (that is to say), any house or building erected on or before the thirtieth day of November, one thousand eight hundred and forty-four, or any ground on or before that day inclosed or set apart and used as a garden, orchard, nursery ground, yard, paddock, plantation, planted walk or avenue to a house.

And be it enacted, That the said Commissioners, or their successors, in making the several works by this Act authorized, shall have full power and authority to deviate from the lines and situations of such respective works as delineated on the plan deposited with the clerk of the peace as hereinbefore mentioned: Provided always, that no such deviation shall extend to a greater distance than the limits of deviation defined upon the said plan, nor shall such deviation extend into the lands or property of any person whose name is not mentioned in such book of reference, without the previous consent in writing of such person, unless the name of such person shall have been omitted by mistake or inadvertence, and the fact that such omission proceeded from mistake or inadvertence shall be certified in manner hereinbefore provided in cases of unintentional errors in the said book of reference.

And be it enacted, That the powers of the said Commissioners for the compulsory purchase or taking of lands for the purposes of this Act, shall not be exercised after the expiration of five years from the passing hereof.

And be it enacted, That in case the works by this Act authorized to be executed shall not be completed, so as to answer the purposes for which they are designed, within ten years from and after the passing of this Act, all the powers and authorities herein contained relative thereto shall cease and determine, save only as to so much of the said works as shall have then been completed and as to such future extension of the mains, pipes and other works of the said Commissioners as may from time to time be necessary for supplying water to any houses, streets, or places, in the said town and neighbourhood of Huddersfield, within the township and parish of Huddersfield aforesaid, other than those which previously to the expiration of the said term of ten yearn shall have been supplied under and by virtue of the powers herein or in the said recited Act contained.

And be it enacted, That it shall be lawful for the Commissioners from time to time to borrow at interest on the credit of the water-rents by the said recited Act granted, and of any property by this and the recited Act vested in such Commissioners, in addition to the sum which the Commissioners are by the said recited Act authorized to borrow, any sum of money not exceeding the sum of twenty thousand pounds ; and in the event of any part of such sum of money being repaid by the Commissioners, to re-borrow the same and so toties quoties; but so nevertheless that there shall not be owing on the security aforesaid, in addition to the sum so authorized to be raised, any more than the sum of twenty thousand pounds at any one time; and for securing the repayment of the monies so borrowed, with interest, the Commissioners or any five of them, may assign over the said water-rents and property, or any part thereof, to any person who shall advance or lend such money, or his trustee, as a security for the money so to be borrowed, together with interest for the same, in like manner as the sum authorized to be raised by mortgage under the said recited Act.

Provided always, and be it enacted, That every mortgage or other security to be granted under the authority of this Act, and every assignment or transfer of any such mortgage or other security, granted or to be granted under the authority aforesaid, shall be made by deed duly stamped, wherein the consideration for the same shall be truly stated.

And be it enacted, That all subsisting mortgages made under the powers of the said recited Act shall have priority over any mortgages which may be made under this Act.

And be it enacted, That the said Commissioners shall, and they are hereby required at all times to permit a sufficient quantity of water to be taken from their reservoirs and works for the purpose of watering the streets, public passages, and places within the said town of Huddersfield, within the township and parish of Huddersfield aforesaid, upon payment for the same in advance after the rate of one penny for every one hundred gallons which may be taken for the purposes aforesaid : Provided always, that the said Commissioners shall not be bound to afford such supply as aforesaid at any time when the so doing will prevent a full and adequate supply to the other tenants of the said Commissioners, the inhabitants of the said town of Huddersfield and its neighbourhood, within the township and parish of Huddersfield aforesaid.

And be it enacted, That the proportion of the quarter’s water-rents payable to the said Commissioners by virtue of the said recited Act or of this Act, from the period at which the said Commissioners shall contract with any person for the supply of water, under the powers herein or in the said recited Act contained, until the next of the quarter days hereinafter mentioned (namely, the first day of February, the first day of May, the first day of August, and the first day of November), shall be paid in advance at the time of making such contract, and that the full water-rent for each quarter shall from time to time thenceforward become due and be paid in advance on the said quarter-days as they respectively occur and happen.

And be it enacted, That the water-rents so contracted to be paid as aforesaid shall be charged on the person or persons contracting for or using the said water, until notice in writing be given by him or them to the clerk of the said commissioners of his or their intention to discontinue to use the said water, such notice to expire on the then next quarter-day: Provided always, that in all cases where any person or persons shall remove from or quit possession of any house, building, or other premises in respect whereof he shall have agreed to pay for water as aforesaid, such person or persons shall be liable to pay for the same down to the next quarter-day after such removal only.

And be it enacted, That the said Commissioners may demand and receive, in addition to the several rents authorized by the said recited Act to be by them received for the supply of water, any annual rent or sum not exceeding ten shillings, for supplying any such inhabitant or occupier with water for every water closet or cesspool, or private bath; which said additional rent shall be payable to the said Commissioners by the inhabitants or occupiers respectively of the houses, buildings or premises, in which any such water closet, cesspool or private bath shall be set or fixed up and supplied with water, or have the usual branches or service-pipes applied or attached for being supplied with water from the works of the said Commissioners, and shall be paid in and by the same proportions, and recoverable in like manner, as the ordinary water-rents due to the said Commissioners are by this Act made recoverable.

Provided always, and be it enacted, That nothing in this Act or in the said recited Act contained, shall authorize any inhabitant or occupier of any house, building or premises in the said town and neighbourhood, within the township and parish of Huddersfield aforesaid, to use any water from the works of the said Commissioners for any horse or cattle, or in or for any stall, stand, stable, ormistal for cattle or horses, or in or for any carriage-house, coach-house, gig-house, shed, or cover for carts or carriages, or for cleaning or washing any such last-mentioned premises, or any coach, gig, cart, or carriage whatsoever, except at such rent as shall be settled by and between the said Commissioners and the persons respectively using or requiring a supply of water for any of the purposes lastly above mentioned.

And be it enacted, That if any person supplied with water by the Commissioners shall neglect to pay any water-rent due to them at any of the times of payment thereof, it shall be lawful for the Commissioners to stop the water from flowing into the premises of such person, by cutting off the service-pipe to such premises, or by such means as the Commissioners shall think fit, and to recover the rent due from such person, if less than twenty pounds, together with the expenses of cutting off the water and costs of recovering the same by distress and sale of the goods and chattels of such person, wherever such goods and chattels may be found, in the same manner as rents due on common demises may by law be recovered; or if the rent so due shall amount to twenty pounds or upwards, it shall be lawful for the Commissioners to recover the same, together with the expenses of cutting off the water, in any of the superior courts, by action of debt or on the case.

And be it enacted, That where several or parts of several houses, buildings, or premises, in the occupations of several persons, shall be supplied by one common service-pipe, the several owners or occupiers of such several or parts of several houses, buildings or premises,, shall be respectively liable to pay for such supply of water at and after the same rent which he or they would be liable to pay for the same if each of such several or parts of several houses, buildings or premises, were separately supplied with water by a distinct service-pipe.

And be it enacted, That on any of the inhabitants of the said town and neighbourhood within the township and parish of Huddersfield aforesaid, or occupiers of houses, buildings or premises within the same, desiring to be supplied with water from the said works, it shall be lawful for the said Commissioners (at any time within fourteen days after receipt of notice in writing from any person of his desire to have water from the said waterworks) to affix the necessary service pipes to such respective houses, buildings or premises, from and to communicate with the said main pipes, by their own workmen, and to provide the materials for the same; which service pipes shall terminate by a stop-tap or stop-cock, at a place or point immediately within or on the inner side of the outer wall of the house, building or premises of such inhabitant or occupier; and the said Commissioners are hereby authorized to charge to the person or persons for whose use the said water shall be so supplied, for the materials and labour in laying down and affixing the said service pipes, according to the market price for the time being of like materials and labour; and in default of payment for seven days after demand thereof made by the said Commissioners, or by any person under their authority, it shall be lawful for the said Commissioners to recover any such charges for labour and materials by action of debt or on the case, in any of her Majesty’s courts of record at Westminster, or other court of common law having adequate jurisdiction in matters of debt or account: Provided always, that if the said Commissioners shall neglect to affix the said service pipes for the said period of fourteen days next after the receipt by them or their clerk of such notice in writing from any such inhabitant or occupier, it shall be lawful for such inhabitant or occupier to cause such service pipe to be affixed.

And be it enacted, That all pipes which the said inhabitants or occupiers of houses, buildings or premises, shall, under the provisions of the said recited Act, or of this Act, lay down to communicate with the said main pipes, shall be of lead, or of such other materials and of such proof as to strength as shall be determined and fixed by the said Commissioners; and such pipes shall be laid down under the inspection of and to the satisfaction of the said Commissioners, or such person as they shall appoint to superintend the same; and if any such inhabitant or occupier shall affix or attach any service pipe of insufficient strength, or of materials not approved of by the said Commissioners, or if any of the said inhabitants or occupiers, or other person, shall, without such previous notice to the said Commissioners as by the said recited Act is provided, affix or attach any service pipe or branch to or communicating with the reservoirs, mains or aqueducts of the said Commissioners, or any additional apparatus or convenience to any such service pipe or branch, which, either according to this Act or the said recited Act, is or are made liable to an additional water rent or to be supplied on special contract, every such inhabitant or occupier or other person shall for every such offence forfeit and pay to the said Commissioners any sum of money not exceeding five pounds.

And be it enacted, That if any person shall negligently suffer any pipe, cock, tap, or cistern, belonging to him or attached to the premises in his occupation, and communicating with any of the reservoirs, pipes, or aqueducts of the said Commissioners, to be out of repair, so as to let the water run waste and useless, or shall neglect to repair the same within twenty-four hours after being required so to do by any of the agents or workmen of the said Commissioners, it shall be lawful for the said Commissioners to cause the said pipe, cock, tap, or cistern, to be repaired, and the expenses attending the same shall be payable by such person so allowing any such pipe, cock, tap, or cistern, to be out of repair as aforesaid, and shall be recoverable in like manner as is provided for the recovery of rent, as hereinbefore mentioned.

And be it enacted, That if any person shall wilfully or negligently let off or cause to run to waste any water from the said waterworks, or the mains, pipes, branches or cocks belonging or attached thereto, or shall affix or use or have any waste pipe or opening to allow water to escape and run to waste from any private cistern provided for his own consumption, or shall, by negligently suffering his service pipes or cisterns, or the cocks belonging thereto, to be left open or be out of repair, so as to occasion the water thereby supplied to run waste and useless, every person so offending shall, for every such offence, forfeit and pay to the said Commissioners any sum not exceeding five pounds over and above the full amount of damage sustained by the said Commissioners by the acts or means in respect of which such penalty shall be incurred ; and it shall be lawful for the said Commissioners, if they shall think fit, to take or cut off the water so supplied by the said Commissioners from the house, building or other premises of the person or persons so offending.

And be it enacted, That it shall be lawful for the surveyor or any other person acting under the authority of the said Commissioners, between the hours of ten in the morning and four in the evening, to enter into any house, building or premises supplied with water under the authority of this or the said recited Act, and to examine whether there be any waste, undue diversion, or improper appropriation of the water supplied by the said Commissioners, and whether the cisterns, pipes and cocks be in proper repair and condition ; and if the owner or occupier of any such house, building or premises shall refuse to permit such surveyor or other person acting by the authority of the said Commissioners to enter into such house, building or premises for the purposes aforesaid, or shall prevent such surveyor or other person from making such inspection and examination as aforesaid, such owner or occupier shall forfeit and pay to the said Commissioners a sum not exceeding five pounds for every such offence.

And be it enacted, That if, through unavoidable repairs, amendments, injury or impediment of or to any part of the works of the said Commissioners, or by reason of drought or frost, there shall be a partial or total suspension of the supply of water from the said works to any person agreeing to take the same, the rent which shall be due and payable at the time of such suspension, and also all rent which may thereafter arise or become due before the restoration of the supply as aforesaid (provided such suspension shall not exceed thirty days) shall be paid by and levied upon such persons as were supplied with water at or immediately before the commencement of such suspension, in the same manner as if such suspension had not occurred.

And be it enacted, That in case the Commissioners shall cause the supply of water for domestic purposes to any house, building, or premises, to be cut off contrary to the provisions of this or the said recited Act, they shall forfeit and pay to the owner or occupier of such house, building, or premises, any sum not exceeding forty shillings.

Provided always and be it enacted, That, in any case where the amount of the compensation for any damage done or occasioned by the Commissioners in the exercise of any of the powers herein contained shall be disputed and be alleged to amount to any sum under twenty pounds, then the amount of the compensation for such damage shall or may be ascertained and settled by any justice of the peace for the said West Riding, and shall and may be levied and recovered by warrant under the hand and seal of any such justice, together with such reasonable costs and charges as shall be awarded and allowed by such justice, by distress and sale of the goods and chattels of the treasurer to the said Commissioners, unless such treasurer shall pay and discharge the same, winch he is hereby authorized and empowered to do out of any monies received or to be received by him as such treasurer as aforesaid on account of the said Water rents.

And be it enacted, That if any person against whom the said Commissioners shall have any claim or demand, shall become bankrupt or insolvent, the clerk or treasurer for the time being of the said Commissioners may, in all proceedings against the estate of such bankrupt or insolvent, or under any fiat or act of insolvency against such bankrupt or insolvent, represent the said Commissioners, and act in their behalf in all respects as if such claim or demand had been the claim or demand of such clerk or treasurer and not of the Commissioners.

And be it enacted, That, in all cases in which any justice of the peace is authorized by this Act or the said recited Act to examine any person, or to take cognizance of or to hear or determine any matter or complaint, it shall be lawful for such justice, and he is hereby required to administer an oath to any person, or to receive the solemn affirmation or declaration of any person in all such cases where such affirmation or declaration can lawfully be received in substitution of an oath, before he shall be examined before such justice.

And be it enacted, That all the money to be raised or received by the said Commissioners under or by virtue of this Act, or the said recited Act, shall be laid out and applied in the first place for and towards the payment, discharge and satisfaction of all costs, charges and expenses incurred in applying for, obtaining and passing this Act, and all other expenses preparatory and relating thereto, and the residue and remainder of such money shall be applied for and towards purchasing lands and grounds, and making, completing and maintaining the said reservoirs, waterworks and other works, and for other the purposes of this Act and of the said recited Act.

And be it enacted, That the Commissioners shall, and they are hereby required, within six weeks after the Annual Meeting at which the accounts of the Commissioners are to be audited and settled, to apply to any two justices of the peace for the West Riding of the county of York, in petty sessions assembled, to appoint two or more persons not being Commissioners to be Auditors of the Accounts of the Commissioners ; and such justices shall thereupon appoint two persons to be such auditors; and the persons so appointed auditors shall have the like qualification, and shall be subject to the like disqualification or disability, as the Commissioners, and before entering on their office they shall make and sign before one of Her Majesty’s justices of the peace a solemn declaration of the like purport and effect to that required by the recited Act to be signed by the Commissioners; and the said auditors shall receive such remuneration for their time and trouble as shall be fixed by the Commissioners, and such expenses as they shall be put unto attending the same, which shall be defrayed out of the monies to be raised under the said recited Act or this Act.

And be it enacted, That the Auditors so nominated shall meet forthwith, or as soon after their appointment as conveniently may be, at the office of the Commissioners or of their clerk, or at some other convenient place to be appointed by the Commissioners, and from time to time shall, in the presence of the clerk of the Commissioners in case he should desire to be present, proceed to audit the accounts of the Commissioners for the year preceding the appointment of such Auditors ; and the Commissioners shall by their clerk produce and lay before such Auditors at every such meeting the statement and account hereinbefore mentioned, accompanied with proper vouchers in support of the same, and all books, papers and writings in their custody or power relating thereto ; and if such Auditors think there is just cause to disapprove of any part of the said accounts, it shall be lawful for such Auditors or any other person interested in the said accounts, to appeal against any such parts of the said accounts as shall be so disapproved of, to one of the two next general quarter sessions of the peace for the said West Riding of the county of York, notice in writing of such appeal being given to the clerk of the Commissioners fourteen days at the least prior to the hearing of such appeal.

And be it enacted, That the Commissioners shall every year cause an annual account in abstract to be prepared showing the total receipts and expenditure of all funds received by them by virtue of this or the said recited Act for the year ending on the thirtieth day of April, or some other convenient day in each year, under the several distinct heads of receipt and expenditure, with a statement of the balance of such account duly audited and certified by the clerk or treasurer for the time being of the said Commissioners, and shall transmit a copy of the said account free of charge to the said clerk of the peace on or before the thirty-first day of January then next, which account shall be open to the inspection of the public at all seasonable hours, on payment of the sum of one shilling for every such inspection : Provided always, That if the said Commissioners shall omit to prepare and transmit such account to the said clerk of the peace as aforesaid, they shall forfeit for every such omission the sum of twenty pounds; and a printed copy of such accounts or abstract thereof as aforesaid shall be delivered to any tenant of the said Commissioners, on his applying to the clerk of the said Commissioners for the same, and on payment by such tenant of the sum of three-pence for every copy of such accounts or abstract thereof as aforesaid.

And whereas it is by the said recited Act enacted, “That no action or suit, or any information or other proceedings of what nature soever, shall be commenced against any person for any thing done in pursuance of this Act, or in relation to the matters herein contained, until fourteen days notice shall have been given by the person or persons intending to commence and prosecute such action, suit, or information, to the defendant or defendants, or after sufficient satisfaction, or tender thereof, shall have been made to the party or parties aggrieved, or after three calendar months next after the fact committed, or in case there shall be a continuation of damages then within three calendar months next after the doing or committing such damage shall have ceased, and not afterwards, and shall be laid and brought in the comity or place where such matter in dispute or cause of action shall arise, and not elsewhere, and the defendant or defendants in such action, suit or information shall and may plead the general issue, and give this Act and the special matter in evidence, at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and if it shall appear to have been so done, or if any such action, suit or information shall have been brought or commenced before or after the respective time so limited for bringing or commencing the same, or in any county or place than as aforesaid, then and in every such case the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuited, or suffer a discontinuance of his, her or their action, suit or information after the defendant or defendants shall have appeared, or if the verdict shall pass against the plaintiff or plaintiffs, or if upon demurrer or otherwise judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall have treble costs, and shall have such remedy for the same as any defendant or defendants for recovering costs of suit in any other case by law:” and whereas it is expedient that the said enactment should be repealed, be it therefore enacted, That the same shall be and is hereby declared to be repealed.

Provided always and be it enacted, That nothing in this present Act contained shall prejudice, defeat, lessen or affect any rights, titles or claims which Sir John William Ramsden, Baronet, or the person or persons for the time being entitled, under the will of Sir John Ramsden, Baronet, to the estates thereby devised, his and their heirs, executors, administrators and assigns, may have against the said Commissioners and their successors, but that such rights, titles or claims (if any such there be) shall have the same effect as if this present Act had not been passed.

And be it enacted, That this Act shall be a public Act, and shall be judicially taken notice of as such.

Huddersfield Water Act of 1845

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This page was last modified on 29 October 2017 and has been edited by Dave Pattern.

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