Huddersfield Water Act of 1869

The Huddersfield Water Act of 1869 was summarised as:

An Act for transferring to the Corporation of Huddersfield the undertaking of the Commissioners of the Huddersfield Waterworks, and for empowering the Corporation to construct additional Waterworks, and to supply Water within extended limits; and for other purposes.

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The following PDF is from Borough of Huddersfield: Local Acts 1852-1894 and contains additional notes in square brackets:

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82 & 33 Viet. Session 1869. Ch. ex.
THE HUDDERSFIELD
WATER
Preamble.
Short Title
ACT
INDEX.
I 869.
SECTION.
1
8 & 9 Viet. c. 18., 10 & 11 Viet. c.16 & 17., 23 & 2t Viet. c. 106.,
and 26 & 27 Viet. c. 93, incorporated 2
Inter1)retation of terms in this and incorporated Acts ... 3
Act to be executed by Corporation 4
l{egulation as to committees of Council . . . 5
Transfer of existing works to Corporation 6
Repeal of Acts in schedule, with exceptiomi 7
Existing works may be maintained and used 8
Conveyances, &c., to remain in force 9
Actions, &c., not to abate 10
Rates or rents to continue in force 11
Existing debts, &c., to be paid 12
Byelaws, &c., to remain in force . . . 13
Benefits under other Acts preserved 14
Present officers continued until removed 15
Books to be evidence 16
Power to make works and take lands, &c. 17
Maintenance of new roads 18
Limits of lateral deviation 10
Limits of vertical deviation 20
Limit of time for compulsory purchase 21
Power to take additional lands by agreement 22
Power to agree for easements, &c. 2:1
Application of Railways Clauses Act 24
Limitation of time for construction of works 2:5
Reservation of water rights, &c., on sale... 26
Application of 10 & 11 Viet. c. 16. and 26 and 27 Viet. c. 93 .. . 27
Compensation supply to Brow Grains Dike, and river Holme... 28
Compensation impply to Hoyle House Clough ... 29
Compensation supply to W essenden Brook and :river Col~e 30
32 & 33 Viet. H11ddersjield Water Act 1869. Ch. ex. 88
SECTION.
Gauges to be erected 31
Penalty for neglect to discharge compensation water 32
As to pipe!! crossing railway and canal belonging to London and
North-Western Railway Company . .. 33
Maintenance of such works 34
Reference of difference to arbitration ·..• 35
Limited compulsory purchase powers affecting the London and
North-Western Railway Company ... 86
Railway and Canal not to be obstructed 37
In case of injury to railway or canal Corporation to make
compensation . . . 38
For the protection of the Lancashire & Yorkshire Railway 39
Reservation of certain water rights of Meltham local board 40
Meltham local board may require a further supply . 41
Corporation to cease taking water from Brow Grains Dike
during overflow of Blackmoor Foot reservoir 42
Compensation for damage 48
Valuation of existing waterworks, &c. 44
Power to borrow for purchase 45
Application of money borrowed for purchase 46
Application of surplus value of existing works ... 47
Power to borrow for works, &c. . . . 48
Application of money borrowed for works, &c. ... 49
Protection of lenders 50
Payment by instalments or sinking fund... 51
Coupons for interest on mortgagee 52
Payment of coupons 53
For indemnity of treasurer 54
Receiver for mortgagees . . . 55
Loans by Public W orke Loan Commissioners 56
Priority of existing mortgages 57
Waterworks account 58
Application of net profits until new supply obtained 59
Application of income of waterworks 60
Deficiency to be met by borough rate 61
Application of purchase money of land 62
Limits of Act 63
Supply before new works completed 64
Water need not constantly be laid on, &c. 65
Regulations for preventing waste, &c., of water 66
Supply for ~on-domestic purposes 67
Water rents 68
34 32 & 33 Viet. Huddersfield Water Act 1869. Ck. ex.
SECTION.
Ascertainment 0£ water rents outside borough . .. 69
Power to supply apparatus, &c. . .. 70
Service pipes to be paid £or 71
Owners of houses or buildings in certain cases to be liable to
water rents 72
Abatement to owners paying water rents for occupiers 73
Water rent to be paid in advance... 74
Recovery 0£ water rents ... 75
Compelling house to obtain supply 0£ water 76
Supply to part 0£ a house .. . 77
Notice 0£ discontinuance 78
Taxation of certain costs . . . 79
Recovery of costs . .. 80
Proof of debt in bankruptcy 81
Persons entering into contracts with Corporation not disqualified
as members of Corporation ... 82
Liability to rates, &c., not t-0 disqualify justices 83
Authentication of notices ... 84
Several sums in one summons 85
Costs of distress 86
Penalties not cumulative . . . 87
Power to contract for works 88
Power to compound with contractors 89
Confirmation 0£ agreement in schedule 90
Power to purchase Meltham waterworks 91
Purchase of existing waterworks in borough 92
Powers for agreements with local boards . . . 93
Supply by local board 94
Local board to levy rates for purposes of agreements 95
Mode 0£ levying rates 96
Rating of railways, &c. 97
Saving rights of Sir John William Ramsden, &c. 98
Saving rights of H udd~rsfield Gas Company 99
Saving righb1 of Corporation 100
Expenses of Act 101
SCHElJULES.
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
AN
ACT
..
for transferring to the Corporation of Huddersfield the
undertaking of the Commissioners of the Huddersfield
"'Waterworks, and for empowering the
Corporation to construct additional Waterworks,
and to supply Water within extended limits ; and
for other purposes.
[ROYAL ASSENT 12TH JULY 1869.]
WHEREAS the borough of Huddersfield in the West Riding of the Preamble.
county of York (in this Act called the borough) is a municipal
borough under the government of the mayor, aldermen, and burgesses
of the borough (in this Act called the Corporation) :
And whereas before the incorporation of the borough certain
Commissioners (in this Act referred to as the Commissioners) were
constituted and empowered by the Acts described in the first schedule
to this Act (in this Act referred to as the Commissioners ActH) for the
purpose of supplying water to the township and parish of Huddersfield
now being part of the borough :
And whereas the Commissioners have completed the works
authorized by their Acts, and have raised a capital amounting to
forty-nine thousand four hundred and fifty-seven pounds ten shillings
by borrowing on the security of their undertaking, and have expended
on their works and in the extension of their mains and pipes of supplv
the amount so raised and a further considerable sum out of income :
And whereas it would be of great advantage to the borough and
its neighbourhood if the undertaking of the Commissioners were
transferred to the Corporation, and if the Corporation were empowered
to construct further works and to supply water within limits more
extensive than those comprised in the Commissioners Acts :
And whereas it is expedient that the Corporation be empowered
to borrow money for the purposes of this Act, and that further and
other powers be conferred on the Corporation, as in this Act
expressed:
And whereas the objects aforesaid cannot be attained without the
authority of Parliament :
And whereas plans and sections describing the lines, situations, and
levels of the intended new waterworks and other works, and plans
describing the lands intended to be taken compuhiorily for the
purposes of this Act, and a book of reference to those plans containing
the names of the ovmers or reputed owners, lessees or reputed lessees,
and occupiers of lands in the line of the proposed works or within the
35
36 32 & 33 Viet. Huddersfield Water Act 1869. eh. ex.
Sec.1-3 limits of deviation as defined on the plans, and of the otber lands
described on the plans, and further describing all those lands, have
been deposited with the clerk of the peace for the West Ritling of tbe
county of York (which are in this Act referred to as the deposited
plans, sections, and book of reference) :
Short title.
8 & 9 Viet.
c. 18.
10 & 11 Viet.
c. 16 & 17.,
28 & 24 Viet.
c. 106 .• and
26 & 27 Viet.
c. 98, incorporated.
Interpretation
of terms
in this and
incorporated
Acts.

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; (that is to say),
1. This Act may be cited as The Huddersfield Water Act, 1869.
2. The following enactments (as far as the same are applicable for
the purposes and are not inconsistent with the provisions of this Act)
are hereby incorporated with this Act; namely,
The Lands Clauses Consolidation Act, 1845, and the Lands Clauses
Consolidation Acts Amendment Act, 1860:
The Waterworks Clauses Acts, 1847 and 1863, except the provisions
with respect to the amount 0£ profit to be received by the undertakers
when the waterworks are carried on for their benefit :
The provisions of the Railways Clauses Consolidation Act, 1845, with
respect to the temporary occupation of lands near the railway
during the construction thereof:
The provisions of the Commissioners Clauses Act 1847, with respect to the
mortgages to be executed by the Commissioners, except sections eighty.four
and eighty.five.
[Last paragraph repealed, and provisions of Improvement Acts
as to borrowing substitut,ed: Act of 1880 s. 107.]
3. With respect to the interpretation of terms in and for the
purposes of this Act the following provisions shall have effect; namely,
(1.) In this Act and in any Act incorporated wholly or in part
with this Act the term " quarter sessions " or " court
of quarter sessions " shall be taken to mean the court of
general or quarter sessions of the peace for the West Riding
of the county of York :
(2.) In this Act and in any Act incorporated wholly or in part with
this Act the term "superior court" or "court of competent
jurisdiction" shall have effect as if the debt or demand with
respect to which that term is used was an ordinary simple
contract debt, and not a debt or demand created by statute:
(8.) In the provisions of the 'Commissioners Clauses Act, 1847,
incorporated with this Act, the terms "the Commissioners,"
and "the Clerk to the Commissioners," and "the office of
the Commissioners," shall be taken to mean respectively
the Corporation, and the town clerk of the borough, and
town clerk's office:
(4.) Subject to the foregoing interpretations, the several terms to
which meanings are assigned by the Acts incorporated
wholly or in part with this Act have in this Act the same
respective meanings :
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex. 87
(5.) In this Act the term "the waterworks undertaking," as applied Sec. 4-7
to the Corporation includes the waterworks, property, and
undertakings transferred to or acquired by them by or under
this Act, and the new waterworks and undertaking
authorized by this Act:
(6.) In this Act the term "property," as applied to the Commissioners,
includes property acquired for their use or benefit,
or for the objects of their undertaking :
(7.)
(8.)
In this Act the term " the Municipal Corporation Acts "
means the Act of the session of the :fifth and sixth years of
King William the Fourth (chapter seventy-six:) "to provide
"for the regulation of municipal corporations in England and
"Wales," and all Acts for the time being in force amending
the same, or otherwise relating to municipal corporations in
England:
In this Act the term " local board " includes local board of
health.
4. This Act shall (subject to the express provisions of this Act) Act to be
be executed by the Corporation acting by the Council of the borough, ~xecuted.by
and subject and according to the Municipal Corporation Acts and orporation.
other Acts and laws for the time being in force affecting municipal
corporations.
5. Where under the authority of the Municipal Corporation Acts Regulation as
the Council appoint out of their own body any committee for the toCommi.ttees
execution of any of the purposes of this Act, they may delegate to of Connell,
each such committee such of the powers and duties of the Corporation
under this .A.et as the Council think fit, for the purpose of carrying
into effect any specific orders of the Council, and the acts and
proceedings or every such committee within the limits of such
delegation shall be deemed the acts and proceedings of the Council, or
the Council may appoint any committee for any purpose of this Act,
so that the acts of every such last-mentioned committee shall, if the
Council so order, but not otherwise, be submitted to the Council. for
approval; and the quorum of any such committee, as in this section
provided for, shall be such as the Council direct, and the Council may
from time to time make such regulations as they think fit for the
guidance of any such committee, and the Council may from time to
time remove any members of any such committee and appoint in the
stead of them, or any of them, other members of the Council.
[See Improvement Act 1871 s. 12.]
6. The undertaking, waterworks, real and personal property, Transfer of
rights, and interests of the Commissioners shall be and the same are existingworks
hereby transferred to and vested in the Corporation, to be held, used, toCorpore.tion
exercised, and enjoyed by them as the same would or might have been
held, used, exercised, and enjoyed by the Commissioners if this Act
had not been passed.
7. The Acts described in the first schedule to this Act are Repeal of
hereby repealed, subject to the provisions of this Act, and with Acts in
the exception of the sections set forth in the second schedule to this scbedu.le, with
Act, which sections, as far as they respectively are in force at the exceptiona.
commencement of this Act, shall, subject to the provisions of this Act,
38 32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
Sec. 8-12 remain in force as if this Act had not been passed, the -Corporation
bei11g only substituted in and relation thereto respectively for the
Commissioners, and this repeal, or anything in this Act, shall not
prejudicially affect any estate, right, or interest protected or preserved
by any of those sections.
Existing 8. Notwithstanding the repeal of the said Acts, the Corporation
works may be may, subject to the provisions of this Act, maintain the works made
maintained by the Commissioners, and extend from time to time the mains and pipes
and used. laid by the Commis~ioners, and use those works, maimi, and pipes for
the supply of water within the limits of thi~ Act, and the Corporation
shall in respect of those works, mains, and pipes, and the maintenance
and future use, regulation, and enlargement thereof, have the powers
and be subject to the provisions of this Act and the Acts incorporated
wholly or in part with this Act.
~onveyance~, 9. Notwithstanding the repeal of the said Acts, all purchases,
• 0 -; t~ remam sales, conveyances, grants, assurances, leases, mortgages, bonds,
Ill ,orce. · · d h d h. b f h
Actions, &c.
not to nbate.
contracts, agreements, securities, an ot er acts an t mgs e ore t e
passing of this Act made, entered into, executed, or done under or by
virtue of the said Acts respectively, or with reference to the purposes
thereof respectively, shall be as good, valid, and effectual to all intents
for, against, and with reference to the Corporation as they would have
been for, against, or with reference to the Commissioners if the
said Acts had not been repealed, and may be proceeded on and
enforced accordingly, the Corporation being only substituted in or in
relation thereto respectively for the Commissioners.
10. N' otwithstanding the repeal of the said Acts, any action, suit,
prosecution, or other proceeding commenced by or against the
Commissioners before the passing of this Act shall not abate or be
discontinued, or be prejudicially affected by this Act, but on the
contrary shall continue and take effect, both in favour of and against
the Corporation, a8 it would have done in favour of or against the
Commissioners if this Act l1ad not been passed, and proceedings for
all of:ences ngainst the provisions of the said Acts, or either of
them, committed before the passing of this Act may be commenced
and prosecuted, and all penalties incurred by reason of such
offences may be sued for in like manner in all respects as if the said
Acts had not been repealed, the Corporation being only substituted
in or in relation thereto respectively for the Commissioners.
~teetren~e 11. Notwithstanding the repeal of the said Acts, all rates, rents,
for:n mnem and charges which have been made, charged, or imposed under the said
· Acts respectively, and which at the time of the passing of this Act are
due, or if this Act had not been passed would have accrued due, shall
continue in force and be due and payable to the Corporation, the
Corporation being only 1mbstitutecf in relation thereto respectively for
the Commissioners, and the same may be collected, recovered, or enforced
by such means and under such restrictions and regulations as
any rates, rents, or charges may be collected, recovered, or enforced
under this Act, and shall be applied as rents receivable under this Act.
Existing 12. Notwithstanding the repeal of the said Acts, all persons who
iebts:/0 ·, to immediately before the passing of this Act owe any money to the
8 pai • Commissioners, or to any person on their behalf, shall pay the same,
with all interest (if any) due or to accrue due for the same to the
32 & 33 Viet. Huddersfield Water Act 1869. Cli. ex. 39
Corporation, and the same shall be recoverable by the Corporation; Sec.13-17
and all debts and money which immediately before the passing of this
Act are due or owing by or recoverable from the Commissioners, or for
the payment of which the Commissioners are or but for this Act would
be liable, shall, with all interest (if any) due or to accrue due thereon,
be paid by or be recoverable from the Corporation, and all securities
for the same shall continue in force.
13. N otwithstandiug the repeal of the said Acts, all byelaws, rules, Byelawe, &c.,
regulations, and orders made under the said Acts or any of them, shall to remain in
continue in force for six months after the passing of this Act, or until force.
the same are sooner repealed, altered, or varied under this Act, and
the same may be enforced, and all penalties and forfeitures thereby
imposed may be recovered, and shall be applied as if this Act had not
been passed, the Corporation being only sub;;tituted in and in relation
thereto respectively for the Commissioners.
14. N otwithstauding the repeal of the said Acts, all provisions in Benefits
favour of the Commissioners contained in any Act (other than the under other
said Acts), and being in force immediately before the passing of this Acts pre.
Act, Hhall continue in force, and the Corporation, their officers, and served.
servants shall be entitled to and may have exercise and e11joy by
virtue 0£ those provisions all rights, interests, powers, authorities, and
privileges which the Commissioners were entitled to and might have
exercised and enjoyed by virtue of those provisions.
15. Notwithstanding the repeal of the said Acts, all officers or Present
persons appointed to or in office or employment under those Acts shall o_fficers co~•
continue in their respective offices and employments according tu their tmued udnt•l
respec t1. ve appor. n t ment s unt "1l t h ey resi. gn th e same or are remove d remove •
therefrom according to the provisions of this Act, and all such officers
and persons shall have the same powers, privileges, and advantages,
and they and their respective sureties shall be liable to the same or
like conditions, penalties, obligations, restl'ictions, and regulations, as
if such officers and servants respectively had been appointed, and such
sureties had become bound under this Act, the Corporation being only
substituted in or in relation thereto respectively for the Commissioners.
16. Notwithstanding the repeal of the said Acts, all books and Books to be
other documents which are by those Acts or either of them, directed evidence.
or authorized to be kept, made, or executed, and which if this Act had
not been passed would be receivable in evidence, shall be admitted in
evidence in all courts of law and equity and elsewhere in favour of or
against the Corporation, in like manner as the same would or might
have been admitted in favour of or against the Commissioners.
17. Subject to the provisions of this Act, the Corporation may Power to
make and maintain in the lines or situations and according to the levels make work•
shown on the deposited plans and sections the reservoirs, lines of pipes, t~!t1:
conduits, road diversions, and other works shown on the deposited an ' 0 ·
plans, with all proper approaches, works, and conveniences connected
therewith, and may enter on, take, and use such of the lands described in
the deposited plans and book of reference as they require for the
purposes 0£ their waterworks undertaking, and may take, use, get, and
appropriate for those purposes all streams and waters shown or mentioned
on the deposited plans as intended to be intercepted or
otherwise taken by any of their said waterworks, and all waters found
40
Sec.18-23
l\Iaintenance
of new roads.
Limits of
lateral devia.
tion.
Limits of
vertical deviation.
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
in, on, or under any of the lands taken by them, and maj stop up all
roads and ways within the limits of deviation defined on the deposited
plans which a1·e shown thereon as intended to be stopped up, and may
appropriate for the purposes of this Act the sites of roads and ways so
stopped up.
18. Every road, whether public or private, constructed by the
Corporation on the embankment of a reservoir, and the draim1, culverts,
and fences thereof, shall be maintained by and at the cost of the
Corporation for ever, and every road constructed by them not on an
embankment, and the drains, culverts, and fences thereof, shall be
maintained by and at the cost of the Corporation for one year after
the completion of the road and of the Blackmoor Foot reservoir by this
Act authorized, of which respective completion a certificate of two
justices shall be conclusive evidence ( which certificate two justices
shall give on such respective completion being proved to their
satisfaction), and on the expiration of the afore1mid respective periods
of one year, each such road being a substituted or diverted road shall
become and the same shall thenceforth be a public highway or private
road (as the case requires), and shall be repairable as such accordingly.
19. Where the line of any work shown on tbe deposited plans
passes along any road and limits of lateral deviation are not marked
thereon, the Corporation may in constructing the works deviate
laterally from the line thereof, as laid down on those plans, to the
extent of the botmdaries of the road, and elsewhere the Corporation
may in constructing the works by this .A.et authorized deviate laterally
from the lines thereof, as laid down on the deposited plans, to the
extent of the limits of lateral devi:ition Hhown there~)Il, but not further
in either case, except with the consent of the owner of the lands
through or in which the deviation is made.
20. In constructing the works by this Act authorized the
Corporation may deviate vertically from the levels of the reservoirs, as
shown on the deposited sections, to any extent not exceeding £our
feet, and from the levels of any other works, as shown on those
sections, to any extent not exceeding six feet.
Limit of time 21. The powers of the Corporation for the compulsory purchase
for oom• of lands for the purposes of this Act shall not be exercised after the
phulsory pur. expiration of four years from the passing of this Act.
c ase.
Power to
take addition11l
lands
by agree•
ment.
Power to
a.sree for
easements,
&o.
22. The Corporation may from time to time for the purposes
of this Act take by agreement, in addition to the lands which they are
authorized to take by compulsion, any lands within the limits of this
Act, and may hold the same, not exceeding in the whole at one time
ten acres.
[Other similar powers given : Waterworks Act 1871 s. 30; Act of
18'i'6 s. 115; Act of 1880 s. 97; Act of 1882 s. 44; and
Waterworks Act 1890 s. 35, where summary given.]
23. The Corporation may take by agreement, and any person by
the Lands Clauses Consolidation Act, 1845, or otherwise enabled to sell
lands, may grant to them, any term, estate, easement, interest, right,
or privilege, not of water, in, over, affecting, or belonging to lands, at
a yearly rent or otherwise, subject always and according to the
provisions relative to the taking of lands by agreement contained in
the Lands Clauses Consolidation Act, 1845, and the Lands Clauses
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex. 41
Consolidation Acts Amendment Act, 1860, for which purpose any such Seo. 24-29
term, estate, easement, interest, right, or privilege shall be deemed
lands within the meaning of those Acts.
24. The said provisions of the Railways Clauses Consolidation Application
Act, 1845, incorporated with this Act, shall only apply to the reservoirs of Railways
by this Act authorized and the works immediately connected therewith, Clauses Act
and shall apply thereto as if those reservoirs and works were referred
to in those frovisions instead of the railway, and the respective
boundaries o those reservoirs and works instead of the centre of the
railway, and as if fifty yards were therein mentioned instead of five
hundred yards or two hundred yards, as the case may be.
25. If the works shown on the deposited plans and by this ~imitationof
Act authorized are not completed within ten years from the passing of titme ~or cofn.
t he Act, t he n an d on t he exp1. ra t1' 0n of t h a t per1.0 d t h e powers b y t h"1 s sw orurcktsi on o
Act granted to the Corporation for constructing the works, or in
relation thereto, shall cease to be exercised, except as to so much
thereof as is then completed; but nothing in this Act shall restrict the
Corporation from extending, enlarging, altering, or removing any of
their engines, machinery, mains, or pipes, or improving their supply of
water, at any time, or from time to time, as occasion may require.
26. On any sale by the Corporation of any lands the Corporation Reservation
may reserve to themselves all or any part of the water or water rights, 0.f ;~te1
or of any easements belonging thereto, and may make the sale subject ~! saf~ c.
to Ruch reservations accordingly, and may also make any such sale ·
subject to such other reservations, special conditions, restrictions, and
provisions, with respect to the use of water, exerciso of noxious trades,
or discharge or deposit of manure, sewage, or other impure matter, as
they think fit.
27. 1'h e prov1·S 1· ons of t he W aterwork s Clauses Act, 1847 and A10p p&li 1c1a tiVoine to f
1863, incorporated with this Act, shall apply to the whole of the c. 16and •
waterworks undertaking of the Corporation. 26 & 27 Viet.
c. 93.
28. As compensation for the taking of such waters by this Act Compensaauthorized
to be taken as at the passing of this Act directly or tion supply
derivatively flow or proceed into Brow Grains Dike, Meltbam Dike, ~ ~rowD'k
and the river Holme respectively, the Corporation shall cause to flow an1:1!i~e/ e,
from the reservoir to be constructed at or near Blackmoor Foot, down Holme.
a pipe or aqueduct into the said Brow Grains Dike, at a point near to
and above New Bridge Mill, nine hundred and fifty-one gallons per
minute during the following hours of every lawful working day;
that is to say, from six o'clock in the forenoon to six o'clock in the
afternoon.
29. As compensation for the taking of such waters by this Act Compensaauthorized
to be taken as at the passing of this Act directly or tion supply
derivatively flow or proceed into Hoyle House Clough, the Corporation to Hoyle
shall cause to flow from the reservoir to be constructed at or near House
Blackmoor ]?oot, down a pipe or aqueduct into Hoyle House Clough, Clough.
at a point .between the embankment of the reservoir and the bridge at
Blackmoor Foot, two hundred and eighteen gallons of water per
minute on the days and during the hours aforesaid. _
42 32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
Sec. 30-31 30. As compensation for the taking of such waters by-this Act
Compensa. authorized to be taken as at the passing of this Act directly or
tion supply derivatively flow or proceed into vVessenden Brook and the river Colne
~o w:9se:den respectively, the Corporation shall cause to flow from the reservoir to
/ 00 c:~ne be constructed at or near Deer Hill in the township of Lingards in
iver · the parish of Almondbury, through a pipe or aqueduct leading from
Gauges to be
erected.
such reservoir to and into the Rams Clough Brook or stream in the
township of Marsden in the said parish of Almondbury, a total
quantity of six hundred and sixty-nine gallons of water per minute on
the days and during tho hours afore~aid, and shall deliver such total
quantity by means of gauges and other works connected with such pipe
or aqueduct down such streams and in such proportions as may be
determined and awarded by a competent and impartial hydraulic
engineer to be appointed by the chairman of the court of quarter
sessions for the West Riding of Yorkshire by writing under his hand,
upon the application of the Corporation or any person or persons
interested in such waters, and the Corporation shall bear and pay the
expenses of such determination and award, and of the proceedings
preliminary thereto and consequent thereon, including the remuneration
of the engineer, and shall also pay the reasonable costs of the persons
interested in such waters incurred in or about the determination,
award, and proceedings aforesaid, but so that the Corporation shall be
liable to pay one set only of costs in respect of the appearance before
the engineer of all or any persons interested in the waters of one
stream.
[The Hydraulic Engineer appointed under this section was
Charles Gott, of Bradford, in the County of York, Civil Engineer,
who by his award, dated the 25th July 1874, determined
that the above total quantity of 669 gallons per minute should be
delivered down such streams, and in such proportions as
follow:-
STREAMS.
Bradley Brook
Badge1•gate Clough ...
Stream flowing to Badger Hey
Stream flowing to Lingards Wood
Stream flowing to Chain
Cellars Clough
Gatehead Clough ...
Scout, otherwise Crow hill Clough ...
Ellen Clough
Stream flowing to Binn House
Rums Clough
Total
No oil- GALLONS
PER MINUTE.
85
82
7
7
7
60
14
156
36
44
171
669
The compensation of 17 l ga1lons to Ram11 Clough is included in
the <'ompensation of 3137 gallons to be delivered from the
Butterley Reservoir into the Wessenden Brook: Waterworks
Act 1890 s. 26.]
31. The Corporation shall construct and for ever after maintain
suitable measuring gauges over or through which the said respective
32 & 33 Viet. Huddersfield Water Act 1889. Ch. ex. 43
quantities of water shall flow, and the same shall be open to the Sec. 3g-35
inspection and examination of the owners and occupiers of the several
present and future mills, works, and navigations interested therein,
and as regards the water to be delivered into the Brow Grains Dike,
such gauge shall be placed at a point not more than twenty vards
distant from the point of delivery into that dike. •
82. In case of neglect on the part of the Corporation to maintain Penalty for
any such gauge in a state of efficiency, and in case of any other neglect n~glect to
by or in consequence of which any of the several quantities of water discharge
aforesaid from the said reservoirs shall not so flow, the Corporation ~f0:i::::;
shall for every day on which such neglect occurs forfeit and pay to the ·
occupiers of each of the mills and works affected thereby (who may sue
for and recover the same) the sum of five pmmds, and shall in addition
make compensation for any loss, damage, or injury sustained by such
occupiers, or any of them, in respect of which such penalties are an
insufficient compensation, and such occupiers may respectively from
time to time recover such compensation with costs from the Corporation
by proceedings in any court of competent jurisdiction.
83. The mains or pipes where the same will cross the railway and As to pipes
the canal belonging to the London and North-\\estern Railway crossing rail•
Company shall be ·carried under such railway through the present way f:d
archways or openings thereunder and over the said canal by means of 1::;ingeto
the road-bridge over such canal, and ~hall for the entire length and for London
ten yards on each side of each of such crossings be and be maintained and North.
of such materials, dimensions, quality, and thickness a:,i the principal we~tern
engineer for the time being of the London and North-Western g,a.11way
Railway Company shall in writing reasonably require, and the laying ompany
down, altering, and replacing such crossings, and the construction of
any workA by the Corporation upon, across, or under the sairl railway
or the said canal, or the respective works thereof, or the lands of that
Company, or in any way affocting such railway, canal, works, or lands,
shall be done under the superintendence and to the reasonablo
satisfaction of such engineer, and according to plans to be reasonably
approved by him, but in all things at the expense of the Corporation.
84. All the works of the Corporation across or in any way Maintenance
affecting the said railway and canal, or the respective works thereof, or of euoh works
the said lands, shall be kept by the Corporation in good repair to the
reasonable satisfaction of such engineer, and if for seven <lays after
notice in writing from the London and North-western Railway
Company to the Corporation of any of those works being out of repair
they do not commence and with reasonable despatch complete such
repairs, that Company may execute such repairs, and, if necessary,
enter on the lands of the Corporation for that purpose, and may
recover the charges and expenses thereof against them with full costs.
85. If any difference arises between the engineers of the Cor- Reference of
poration and the London and North-western l{ailway Company with diff?ren~e to
respect to any of the aforesaid matters in which the engineer of the arbitration.
London and North-western Railway Company is expressed to be
concerned, sueh difference shall be referred to the arbitration of an
engineer tG be appointed by the two engineerli', or, if they cannot
agree, by the !Board of Trade, on the application of the Corporation or
the Company.
44 32 & 88 Viet. Huddersfield Water A et 1869. Ch. ex.
Sec. 36-39 36. The Corporation shall not, without the consent of the London
Limited com- and North-western Railway Company in writing under their common
phnlsory pur. seal, purchase, take, enter upon, or use, either temporarily or
ca ffa.,scet ipnogw theres permanent ly , any 1a n d s or work s b e1 o ngm· g_ t o tha t Co mpany! ?r wh 1' c ·h
London they have power to take, or any estate, right, easement, privilege, or
and North- authority in, over, or upon any such lands ur works, or al1er, vary, or
western interfere with their said railway and canal or any of the works thereof
Railway respectively, except that the Corporation may purchase, and that
Company. Company may and shall sell and grant to the Corporation, such
easements respectively as may be necessary for carrymg their said
mains or pipes across such railway and canal in manner herein-before
provided.
Railway and 37. The Corporation shall not in any manner obstruct, hinder, or
canal not to interfere with the free, uninterrupted, and safe user of the said
be obatrncted. railway and canal.
In case of
injury to
railway-or
canal Corporation
to
make compensat,
ion.
38. If by reason of any of fhe works or proceedings of the
Corporation, or the failure of such works, the said railway or canal, or
any of the works thereof respectively, shall be injured or damaged,
such injury or damage shall be forthwith made good by the Corporation
at their expense, or in the event of their failing to do so, then the
London and North-western Railway Company may make good the
same, and recover the expense thereof with full costs against the
Corporation, and if any interruption shall be occasioned to the traffic of
the said railway or of the said canal by reason of any of the operations,
or the failure of any of the works of the Corporation, they shall
immediately thereupon pay to the London and North-western Railway
Company all costs and expenses to which that Company may be put,
as well as full compensation for the loss and inconvenience sustained
by that Company by reason of any such interruption, such costs and
expenses and compensation to be recovered against the Corporation
with full costs.
For the pro• 39. In constructing and maintaining the works by this Act
tection of the authori1ed affecting the Lancashire and Yorkshire Railway the
Lancashire. Corporation shall be subject to the following conditions ; namflly,
and Yorksh1re
Railway. (1.) All works n:ffecting the Lancashire and Yorkshire Railway shall
be executed at the expense of the Corporation under the
superintendence and to the satisfaction of the engineer for
the time being of the Lancashire and Yorkshire Railway
Company, and according to plans and specifications previously
submitted to the said engineer:
(2.) If the engineers of the Corporation and of the Lancashire and
Yorkshire Railway Company differ concerning the said plans
or specifications, or concerning the method in which the
said works are to be executed, all such differences shall be
settled by an engineer to be appointed by the two engineers,
or, if they cannot agree upon a referee, then by an engineer
to be appointed by the Board of Trade on the application of
the Corporation or the Company :
(3.) The said work shall be constructed and maintained so tha,t the
traffic upon the Lancashire and Yorkshire Railway shall not
be in anywise impeded :
32 & 38 Viet. Huddersfield Water Act 1869. Ch. ex. 45
(4.) If by rP-ason of the construction and maintenance of the works Sec. 40-41
by this Act authorized the Lancashire and Yorkshire Railway,
or any of the works connected therewith, shall be damaged or
injured, the Corporation shall compensate the Lancashire and
Yorkshire Railway Company for any loss or expense
occasioned thereby.
40. Nothing iμ this Act contained sliall in anywise prejudice or Reservation
affect the rights or powers which the Meltham local board have or ofcerta!n
possess or are entitled to at the passing of this Act to obtain a supply wt:\~~hts
of water, but so that the said board shall not at any time take from the focai8ooa~:
Scope Springs, or any other waters which would but for this provision ·
proceed to and be intercepted by the works of the Corporation by this
Act authorized, a supply of water exceeding in the whole the quantity
of eighty thousand gallons in any one day, exclusive of any watn which
the said board have obtained or may hereafter obtain from the Fairnook
Spring, and any other springs outside the area of drainage ground
which on or before the thirtieth day of November one thousand eight
hundred and sixty-eight contributed water to the Brow Grains Dike in
the township of Meltham; and for the purpose of ascertaining such
quantity a proper and efficient gauge or meter shall on the passing 0£
this Act be fixed, and shall always be maintained by the said local
board at the expense of and to the satisfaction of the Corporation in
such situation at or near to the existing reservoir of the said board as
sl1all be mutually agreed upon, and the Corporation shall have, by
their officers and servants, access at all times for the inspection of
such gauge or meter, and for the purpose of ascertaining the quantity
0£ water which shall have passed through or over the same ; and in
case of disagreement with respect to the nature, situation, or use of
such gauge or meter, the same shall from time to time be settled by
arbitration, to be conducted in the manner provided by the Landa
Clauses Consolidation Act, 1845 : Provided, that in case the Meltham
local board shall, by agreement with the Corporation or otherwise,
cease to take water from the said Scope Springs, and every other part
of the area of drainage ground which on or before the thirtieth day of
November one thousand eight hundred and sixty-eight contributed
water to the said Brow Grains Dike, and such springs and waters
shall be permitted to flow without interruption or deterioration into the
conduits end works of the Corporation by this Act authorized, then
and in lieu of the above-mentioned quantity of eighty thousand gallons
the said board shall be entitled to clemand and have from the
Corporation a quantity of water not exceeding eighty thousand gallons
in any one day for the water supply of their district without any
payment for the same, and such water shall be delivered from any
main pipe of the Corporation for the time being laid down within the
district of the said local board into any pipes which the local board may
lay down to and for the purpose of communicating with such main
pipe.
41. If the water supply of the Meltham local board should here- Meltham local
after be or become insufficient for thei-r district, such board shall be boar? may
entitled to demand and have from the Corporation a further supply ~!;~::s:pply
of water not exceeding twenty thousand gallons in any one day, and
the price per one thousand gallons to be paid by the said board to
the Corporation shall be the lowest price for the time being charged
per one thousand gallons by the Corporation to any other local board,
or other consumer, in bulk or by meter, of the water of the Corporation,
46
Sec. ~-47
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
and such water shall be delivered from any main pipe of the Corporation
for the time being laid down within the district of the local board into
any pipes which the local board may lay down to and for the purpose
of communicating with such main pipe.
Corporation 42. Whenever and so long a,i the water collected in the reservoir
to cease at Black Moor Foot is overflowing, the Corporation shall cease taking taking water
from Brow water directly from the Brow Grains Dike, and shall during the con•
Grains Dike tinuance of such overflow, by means of works to be constructed by
during them at or near the point where their conduit will intercept the water
overflow of of the Brow Grains Dike, cause the water of that dike to continue its
:~:~~:s:~:oir course down the same iustead of into the said conduit.
Compensation 43. The Corporation shall be liable to make good. to owners,
for damage. lessees, and occupiers of lands, and all other persons, all damage of
what nature or kind soever, as well immediate as consequential, incurred
by such owners, lessees, or occupiers, or other persons hy reason or
in consequence of the giving way of any reservoir, embankment, or
other work of the Corporation authorized by this Act.
Valuation of
existing
waterworks,
&c.
Power to
borrow
for purchase.
44. As soon as may be after the passing of this Act, the waterworks
undertaking and property of the Commissioners shall be valued
by Mr. George Crowther, or in default of him by some person
nominated by the Corporation and approved by the Commissioners
(and the amount at which the eame will be so valued is in this Act
referred to as the value of the Commissioners undertaking).
45. The Corporation (independently of any other borrowing power)
may from time to time borrow at interest, on the security of their
waterworks undertaking and of the borough fund, such money as they
think requisite, not exceeding in the whole the value of the
Commissioners undertaking, and may mortgage their waterworks un<l er.
taking and the borough fund to secure the repayment of the money
so borrowed, with interest accordingly.
Application of 46. Money borrowed by the Corporation under the last foregoing
money section shall be applied by them in paying all money borrowed by the
borrowed for C • • purchase. ommiss10ners on the security of their underta.kmg and remaining
undischarged, and in paying for lands and property acquired by the
Corporation for the purposes connected with that portion of their
waterworks undertaking which belonged to the Commissioners, and if
after such payments any surplus remains, the same (in this Act
referred to as the surplus value of the Commissioners undertaking)
shall be applied by the Corporation in or towards effecting from time
to time such improvements (by the erection of public buildings or
otherwise) in and for the benefit of the township of Huddersfield, as
the Corporation think fit.
Applicationof 47. Provided, that the Corporation may, if they think fit, instead
eufrpl~st_value of borrowing the full value of the Commissioners undertaking, borrow
ow oerxk1s s rng so much t h ereo f as may b e reqm.s 1. te f or payr. ng t h e money b orrowed
· by the Commissioners on the security thereof, and for paying for
lands and property acquired by the Corporation for purpot1es connected
with that portion of their undertaking which belonged to the
Commissioners, and may postpone the borrowing of the surplus value
of the Commissioners undertaking, or of any part thereof, until the
same is required to be expended by them as directed by this Act, in
which case tho Corporation shall yearly appropriate out of the income
of their waterworks undertaking a sum equal to interest at four pounds
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex. 47
per centum per annum on the amount, the borrowing of which is so Sec. 48-53
postponed, and shall from time to time apply the yearly sum so appropriated
in like manner as the principal money which it represents would
be applicable under this Act, if borrowed, or in aid of the borough
rate leviable within the township of Huddersfield, or may accumulate
the !'lame by investment in Government or other securities, and shall
apply the fund produced by such accumulation in like manner as the
interest so accumulated would be applicable.
48, The Corporation, independently of any other borrowing power, Power to
may from time to time borrow and reborrow at interest, on the security borrow for
of their waterworks undertaking and of the borough fund, any money works, &c.
not exceeding in the whole at any ono time the sum of three hundred
thousand pounds, and may mortgage their waterworks undertaking
and the borough fund accordingly.
49. .All money borrowed by the Corporation under the last fore- Application of
going section shall be applied by them for the purchase of lands and money
construction of works for the purposes of their waterworks under- boni:>W't for
taking, exclusive of the maintenance of those works, and not otherwise. wor s, c.
[Amended as to payment of interest out of capital : Act of J 880
s. lll.]
50. Any person lending money to the Corporation shall not be Protection of
bound or entitled to inquire as to the observance by them of any lenders.
provision of this Act, or be bound to see to the application or be
answerable for any loss or non-application of such money or of any
part tbereof.
51. The Corporation shall pay off all money borrowed by them under this Act, Payment by
either by instalments or by means of a sinking fund, to be increased by accumu- instalments
lation in the way of compound interest or otherwise, and for that purpose shall or sinking
from and after the expiration of seven years from the passing of this Act yearly fund.
appropriate out of tl1e income of their waterworks undertaking a snm equal to one
per centum on the total amount of money borrowed by them and remaining unpaid,
together with a sum equal to the interest formerly paid on the sum paid off, and
shall continue to do so as long as any money eo borrowed remains unpaid, and shall
apply all money so appropriated, and the annual produce and accumulations
thereof, in paying off from time to time such parts of the money so borrowed kS
they think ought then to be paid off, and the Corporation shall not reborrow any
principal monies which shall have been paid off by means of such sinking fund, but
the borrowing powerll of the Corporation shall be reduced by the amount so from
time to Lime paid off.
[Repealed and other provisions substituted: Act of 1876 s. 128.]
62. The Corporation may from time to time, if they think fit, issue Coupons for
to holders of mortgages of the Corporation under tbis Act coupons for interest on
the interest from time to time to fall due on the respective mortgages, mortgages.
which coupons may be in such form as the Corporation from time to
time think fit, so as every coupon do refer to the mortgage to which it
relates, and do specify the amount and time of payment of one half
year's interest to fall due on the principal money secured by the mortgage,
and be authenticated by the signatures of two persons thereunto
expressly authorized by the Corporation (which authorization shall he
presumed until the contrary is shown).
63. On presentation to the treasurer 0£ the borough 0£ any Payment of
such coupon lie shall pay to the person so presenting the coupon the Coupons.
amount of interest thereon expressed and appearing by the coupon to
be then due and payable, and on the audit of the treasurer's accounts the
48 32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
Sec. 54-61 coupon shall be accepted as a sufficient warrant for the payment by
him of the amount for which the coupon was issued.
Forindemnity 54. Provided, that the Treasurer shall not be bound, unless he
of t1·easurer. sees fit, at any time to make any payment of interest beyond the amount
of the money of the Corporation then in his hands and applicable in
that behalf.
Receiver for 55. The mortgagees of the Corporation under this Act may
mortgagees. enforce payment of the arrears of interest, or of principal and
interest, due on their mortgages by the appointment of a receiver, and
the amount to authorize an application for a receiver shall be ten
thousand pounds.
Loan~ by 56. The Public Works Loan Commissioners may, if they think
PLublt0° Wor~s fit, make advances to the Corporation under and for the purposes of
siooanne rso. mm1s- an d on any secur.i ty auth on.z ed b y t.h ·1 s A c t , an d w1· tho u t reqm. rm. g any
Priority of
existing
mortgages.
Waterworks
account.
Application
of net profits
until new
supply
obtained.
Application
of income of
waterworks.
Deficiency to
be met by
borough rate.
further or other security.
57. Mortgages granted by the Commissioners on the security of
their waterworks undertaking shall during their respective coutinuauce
have priority over all mortgages granted thereon under this Act.
58. The Corporation shall keep a distinct account, to be called the
Huddersfield Waterworks Account, of all their receipts, credits, payments,
and liabilities with respect to the execution of this Act.
59. Until the Corporation obtain a supply of water from the
works authorized by this Act, they shall yearly set apart the net profits
from their waterworks undertaking remaining after payment thereout
of all interest chargeable thereon, and of all expenses in respect of
their waterworks undertaking properly chargeable to revenue account,
and also a proper sum for water useJ by the Corporation for public
purposes, and apply the same in like manner as the surplus value of
the Commissioners undertaking is applicable, and the Corporation shall
keep such accounts in respect of their waterworks undertaking as may
be requisite for the proper ascertainment of those net profits.
60. Subject to the provisions of this Act and of the Acts incorporated
whoHy or partly with this A.et, the Corporation shall apply
the income of their waterworks undertaking in manner and order
following; (that is to say,)
(1.) In payment of the establishment and working expenses of their
waterworks undertaking, and in the maintenance of their
waterworks :
(2.) In payment of interest from time to time accruing due on their
mortgage debt :
(3.) In providing the instalments or sinking fund required by this Act:
And any surplus remaining shall be carried to and form part of the
borough fund.
61. If in any year the water rents and other income of the Corporation
from their waterworks undertaking are insufficient to meet
the charges thereon and any liabilities of the Corporation under this
Act, then and in every such case the deficiency shall be met out of the
borough fund, and the Corporation shall and they are hereby authorized
to make a borough rate or borough rates from time to time, either
separat~ly or as part of any other borough rate, to meet any such
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex. 49
deficiency, but if a borough rate or any part of a borough rate is levied Sec. 62-66
to meet the deficiency, the same shall be distinguished in the assessment
of and receipts for the same.
62. Money received by the Corporation as the purchase monev of Afpplice.htion
land so ld un d er t hI.s A et sh a1 1 be carr1.e d to t h e waterwor k s acco•u nt, om opnuerye oafs e
and shall be treated as capital. land.
63. The limits of this Act for the supply of water shalJ be the Limits of
borough and the following parishes, townships, and places, namely, Act.
Longwood, Golcar, otherwise East Golcar, and Slaithwaite, all in the
parish of Huddersfield ; Linthwaite, Lingards, Meltham, and South
Crosland, all in the parish of Almondbury.
[These limits extended so as to include :-
Townships of Marsden-in-Almondbury, Marsden-in-Huddersfield,
Mirfi.eld, Kirkheaton, and Hartishead-cum-Clifton (part):
Waterworks Act 1871 s. 86, and Schedule II.
Townships of Lepton, Kirkburton, Farnley Tyas, Honley
(part), and Fi.xby (part): Act of 1876 s. 20.
Townships of Shelley, Shepley, Thurstonland (part), Golcar,
Honley (part), and Stainland-with-Old-Lindley (part): Act of
1880 s. 48.
See as to supply by agreement beyond authorized limits of
supply: Act of 1882 ss. 26 and 27.
As to supply to riparian owners and occupiers on W essenden
Brook and River Colne: Waterworks Act 1890 s. 17.]
64. Until a sufficient supply of water is obtained from the new Supply before
works authorized by this Act to be constructed or .purchased, the new works
Corporation sha11 not be bound to supply water to any place in their completed.
district which is not at the passing of this Act supplied by the
Commi11«ioners, and shall not by supplying water to any such place
climinish the supply to the district which is at the passing of this
Art supplied by the Commissioners.
65. The water supplied by the Corporation need not be constantly Water nepd
laid on under pressure, nor shall the Corporntion be bound to keep any not be co~of
their pipes at all times charged with water, or at any time to lay on alanlly laid
the supply of water at any elevation at which the water cannot be on, 0 •
supplied from the service reservoir from which the supply is taken.
66. For preventing waste, misuse, undue consumption, or con- Regulations
tamination of the water of the Corporation, the following provisions forpreventing
shall have effect· namely, waste, &c., of
' water.
(1.) The Corporation may from time to time make such byelaws
and regulations as they think necessary for tLe objects afore•
(2.)
said to be observed by persons supplied with water:
By any such regulations the Corporation may direct the use,
and prescribe the size, nature, strength, and materials, and
the mode of arrangement, alteration, and repair of pipes,
valves, cocks, cisterns, baths, soil-pans, watercJosets, and
other apparatus or receptacles to be used by such persons
for conveying, delivering, and receiving water, and may
interdict any arrangement, and the use of any pipe, valve,
cock, cistern, bath, soil-pan, watercloset, or other apparatus
ot- receptacle in their judgment likely to occasion waste,
nuisance, undue consumption, or contamination of water :
50
Sec. fft-70
32 &88 Viet. Huddersfield Water Act 1869. Ck. ex.
(8.)
(4.)
(5.)
The Corporation shall not be bound under any agreement or
otherwise to supply, or to continue to supply, water to any
person unless such regulations as are for the time being in
force are duly observed by him :
In case of the failure of any person to observe such regulations
as are for the time being in force, the Corporation may, if they
think fit, after two hours notice in writing, enter, and by or
under the direction of their authorized officer repair, replace,
or alter any pipe, valve, cock, cistern, bath, soil-pan, wat~rcloset,
or other apparatus or receptacle belonging to or used
by any person supplied by them, and the power of entry
given by section fifteen of the Waterworks Clauses Act,
1853, and the provisions of that section relative thereto, shall
extend and apply to entry for the purpose of such repair,
replacement, or alteration, and the expense of every such
repair, replacement, or alteration shall be repaid to the
Corporation by the person on whose credit the water is
supplied, and may be recovered by them as damages, for
recovery whereof no special provision is made :
A printed copy of any byelaws or regulations purporting to
have been made by the Corporation; and to be certified by
the town clerk as a true copy, and to be sealed with the seal
of the Corporation, shall be primil facie evidence of such
byelaws and regulations for all purposes, and it shall not be
necessary to produce the original byelaws or regulations, or
to prove the making or allowance thereof, or any signature
or seal affixed to the copy.
Supply for 67. The Corporation may supply any person within the limits of
non.domestic this Act with water, by measure or otherwise, for any purposes other
purposes. than domestic purposes, on such terms as they and he agree on, but so
that such supply do not interfere with the efficiency of the general
supply for domestic purposes.
Water Rents.
Ascertain•
ment of
water rents
outside
borough.
Power to
supply appa.ratus,
&c.
[As to supply outside limits see Act of 1882 s. 26.)
88. The Co1·poration may take for a supply of water for domestic
purposes within the borough, and also within the township of Meltham,
if and when they supply water in that township, water rents not exceeding
those specified in the third schedule to this Act, and for
such supply of water beyond the borough and township of Meltham
one fourth more than the water rents for the time being taken within
the borough, and the water rents respectively shall be received and
paid ~ubject and according to the regulations in the same schedule
con tamed.
69. Any person supplied by the Corporation with water for
domestic purposes beyond the borough and township of Meltham may
at all reasonable times, in order to ascertain the water rents for the
time being taken by the Corporation within the borough for such a
supply, inspect the books of the Corporation kept for the purposes of
this Act on payment of a fee not exceeding one shilling for each
inspection.
70. The Corporation may, if requested by any person supplied by
them with water, furnish to him and from time to time repair or alter
any such pipes, valves, cocks, cisterns, baths, soil-pans, waterclosetl,
32 & 83 Viet. Huddersfield Water Act 1869. Ch. ex. 51
appat'atus,- and receptacles as are required or permitted by their Sec. 71-75
regulations, and may provide all materials and do all vrol'k necessary or
proper in that behalf.
71. Notwithstanding anything in this Act or in any Act in- Service
corpot'ated wholly or in part with this Act, the Corporation i;,hall not piI?ee to be
be bound to lay down service pipes or other works from their mains pa.id for.
into the houses adjoining, or near thereto, for the supply of such
houses with water on terms of an annual rent for such pipes and
works being charged or paid, but they may do so by agreement, or may
require the full cost of such service pipes and works to be paid in the
first instance.
72. Except where the occupiers have expressly agreed in writing Owners of
with the Corporation to pay the water rent, and are supplied by a houses or
separate pipe, the owners of all dweHing houses or buildings, or parts bnild!ngs in
of dwelling houses or buildings occupied as separate tenements, shall cer:a1~.0~f88
be primarily liable to the payment of the water rents (for which purpose: :at:~ e
the person receiving the rents of any such house or tenement as rents.
aforesaid from the occupier thereof on his own account, or as agent,
receiver, or trustee for any person interested therein, shall be deemed
the owner of such house or tenement), and the provisions of this Act,
or of any Act wholly or partly incorporated therewith, for the
recovery of water rents from occupiers shall apply for the recovery of
water rents from owners.
[As to recovery of water rent by owner from occupier, see
Waterworks Act 1871 s. 87.]
73. Where the owners of houses or buildings not exceeding ten Abatement
pounds in annual value are by this Act, or any act wholly or partly to ()wners
incorporated with this Act, made liable for the water rents in respect paying water
of the supply of water to the occupiers thereof, such owners shall be r4?nts for
entitled to a reduction or abatement of ten per cent. from the gross occupiers.
amount of such water rents on payment thereof in advance acccording
to the provisionl!l of this Act.
74. The proportion of the half year's water rents paynble to the Water rent
Corporation from the period at which they contract with any person to be paid in
for the supply of water for domestic purposes until the next half-yearly advance.
rent day (the half-yearly rent days being, notwithstanding anything in
any Acts incorporated wholly or partially with this Act, the first day
of May and the first day of November) shall be paid in advance at the
time of the making of the contract, and the full water rent for each
half yea1• shall from time to time thenceforward become due and be
paid in advance on those half-yearly days as they occur.
[Corporation mar prescribe days of payment of water rents: Act
of 1876 s. 137.J
75. In case any person liable to payment of any water rent Recovery of
neglects or refuses to pay the same for the space of seven days after water rents.
demand thereof by the Corporation, their agent, or collector, any
justice having jurisdiction where such person then resides, or where the
water was eupplied, may issue his summons to such person requiring
him to appear before two justices having jurisdiction as aforesaid, at a
time and place named, then and there to show cause why the sum so
demanded should not be paid; ar:.d if on the appearance of such person,
or in default oi appearance after proof of the service of the summons,
either personally or at the last known place of abode or of business of
52 32 & 33 Viet. Huddersfield Water Act 1869. Ck. ex.
Sec. 76-77 ~ueh pcrsm1, no sufficient cause is shown to the contrary, two justices
lun-ing jurisdiction as aforesaid may issue their warrant of distress for
the seizure and sale of the goods and chattels of such person for the
recovery of the amount proved brfore such justices to be due from
such per80n.
[Procedure as to recover/ of rates under Improvement Act 1871
ss. 355 and 357 applie to water rents: Act of 1876 ss. 122 and
123.]
Compelling 76. With respect to compulsory supply of water in· certain cases
house to the following provisions shall have effect; (namely),
obtain supply
of water. (1.) I£ upon the report of the surveyor or officer of health of the
Corporation it appear to the Corporation that any house
situate in any part of the borough which is supplied with
water by the Corporation is without a proper supply of water,
the Corporation may give notice in writing to the owner
thereof, requiring him within a time specified in the notice
to do all works :mecessary for obtaining and to obtain such
supply:
Snpply to
pa.rt of a.
house.
(2.) For the purposes of this section, the person for the time being
receiving the rackrent of the house on his own account, or as
agent, receiver, or trustee for any person interested, or who
would receive the same if the house were let at a rackrent,
shall be deemed the owner of the house :
(3.) I£ the notice is not complied with, the Corporation may, if
they think fit, do the works and furnish the supply accordingly:
( 4.) The expenses incurred by the Corporation in doing such works
and obtaining such supply shall be paid to them by the owner:
(5.) Those expenses may to the extent of any rent due or thereafter
accruing due from the occupier be recovered by the Corporation
from the occupier in the same manner as a water
rent, and ma.v be in that case deducted by the occupier from
the rent payable by him to the owner, and shall be allowed
by the owner and every other person interested in the rent as
if the amount had been actually paid as rent :
(6.) 1£ they are not recovered from the occupier they may be
recovered by the Corporation from the owner ( or, in the case
of an agent or receiver, from his principal) in any court of
competent jurisdiction, and the l'lame until paid shall bear
interest at the rate of five per centum per annum :
(7.) The water rent for such compulsory supply shall be the
same as would be chargeable if the supply had been furnished
on the request of the owner or occupier.
[Powers of Corporation as to unfit or insufficient supplies : See
Act of 1880 s. 50.]
77. Notwithstanding anything in this Act, or in any Act incorporated
wholly or in part with this Act, the Corporation shall not be
bound to supply with water a part only of any dwelling house or
building which is divided into or occupied as separate tenements, and
they may require before supplying any part tliereof with water that
a supply be taken for the whole dwelling house or building.
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex. 53
78. A notice to the Corporation for the discontinuance of a Sec. 78-84
supply of water shall not be of any effect unless it is in writing, and Notice of disis
left at the office of the town clerk in the town hall in Hmlders:field, continuance.
or sent by post by registered letter to the town clerk at the said office.
79. The expenses of any determination and award under this Taxation of
Act relative to the distribution of water to be delivered as compensation certain costs.
for the taking of waters flowing or proceeding into W essenden Brook
and the river Colne respectively, and of the proceedings preliminary
thereto and consequent thereon, and the costs incident thereto payable
by the Corporation, shall in case of difference be settled as between
the parties by one of the masters of the Court of Queen's Bench on
the application of either party, and such master may receive and take
in respect of each folio in length of every bill of costs so settled a fee
of one shilling and no more, which fee shall be taken in money and
not in stamps, and may be retained by the master for his own use and
benefit, and such master shall also settle the costs of the taxation by
him of any bill of costs under this provii,ion, and shall determine and
direct by and to whom the whole or any part of such costs of taxation
(including the master's taxation fee as aforesaid) shall be paid.
80. I£ within seven days after demand any costs payable by the Recovery of
Corporation under this Act are not paid to the party entitled to costs.
receive the same, they shall be recoverable by distress, and on
application to a justice he shall issue his warrant accordingly.
81. If any person against whom the Corporation have any claim Proof of debt
or demand under this Act, for water rent or otherwise, becomes in bank.
bankrupt, the town clerk in all proceedings in relation to the estate of ruptcy.
such bankrupt may repreRent the Corporation, and act in their hehalf
in all respects as if such claim or demand had been the claim or demand
of the town clerk and not of the Corporation.
[Extended to all claims of Corporation : Improvement Act 1871
s. 422.]
82. · Any person entering into any contract with the Co1·poration Personsenterrelating
to the lease, sale, purchase, user, or temporary occupation of ing into .conlands,
or to a loan of money, or to a supply of water or water meter, g·acts w,~h
shall not thereby be disabled from being, continuing, or acting as 0?oration
mayor, alderman, or councillor of the borough, or as an officer or ~f,qnalified as
servant of the Corporation, or incur any penalty by reason of such members of
contract or of his being, continuing, or acting as such mayor, alderman, Corporation.
councillor, officer, or servant ; but no person being mayor, alderman,
or councillor shall take part in any discussion or vote in the Council
rei!ipecting such contract.
[These provisions extended: Improvement Act 187l s. 405.]
83. A person shall not be incapable of acting as a justice in the Liability to
execution in any respect of this Act by reason of his being interested rates, &c., not
in any contract under this Act £or a supply of water, or being liable ~o d?sqnalify
under this Act to the payment 0£ any rent, rate, or other money. Jnst1008·
84. Any summons, demand, or notice, or other such document .Authentica.under
this Act, may be in writing or print, or partly in writing and tion of
partly in print, and if the same requires authentication by the Cor- notices.
poration or by the Council, the signature thereof by the town clerk
shall be a sufficient authentication.
[These provisions extended: Improvement Act 1871 s. 417, and
Act of 1880 s. 84.]
54
Sec. 85-00
Several sums
in one
summons.
Costs of
distress.
Penalties not
cumulative.
Power to
contract for
works.
Power to
compound
with
contractors.
Confirmation
of agreement
in schedule.
Power to
purchase
Meltham
Wllterworks.
Purchase of
existing
waterworks
in borough.
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
86. Any summons or warrant issued for a.ny of the purposes of
this Act may contain in the body thereof or in a schedule thereto
several names and several sums.
86. Any justice who issues any warrant of distress for any of the
purposes of this Act may order that the costs of the Corporation of
and incident to the recovery of the money to be levied shall be paid
by the person liable to pay the money, and the costs shall be ascertained
by the justices and shall be included in the warrant of distress for the
recovery of the money.
87. Penalties imposed on the Corporation for one and the same
offence by several ActR of Parliament shall not be cumulative, and for
this purpose this Act and any Act incorporated wholly or in part
therewith shall be deemed several Acts.
88. The Corporation from time to time may contract with any
person for performing or doing any of the works or things by this Act
authorized, and all such contracts shall be in writing sealed with the
common seal of the Corporation and signed by the per,;ion contracting,
and shall specify the work and things so to be done, and the prices at
and the times within which they are to be done, and the Corporation
mav take such bond or other security from every contractor for the due
pe~formance of his contract as they think sufficient.
89. The Corporation may from time to time compound with any
person having entered into any contract with the Corporation under
this Act for any penalty contained in such contract, or in any bond or
other security for the per.formance thereof, or on account of any
hreach or non-performance of such contract, bond, or security, for
such sum of money or other recompense as the Corporation think
proper.
90. The agreement set forth in the fourth schedule to this Act is
hereby confirmed, and. the same shall be valid and binding and be
carried into effect accordingly; provided that neither the said
agreement nor anything in this section contained shall prejudice or
affect the right, estate, or interest of any Corporation or person other
than the Corporation and the persons by whom the said agreement is
executed.
91. The Corporation and the Meltham local board may mutually
enter into and execut~ an agreement for the purchase by the
Corporation from that board of the waterworks of whicl1 that board
are the proprietors, and the Corporation may from time to time
maintain, improve, and use for the purposes of their waterworks
undertaking those waterworks when purchased.
92. The Corporation, and any company or body established or
constituted for the purpose of supplying water in the borough, may
enter into and execute any agreement for the purcha,e by the
Corporation from that company or body of the waterworks and
undertaking of that company or body, and the Corporation may from
time to time maintain, improve, and use for the purposes of their
waterworks undertaking any such waterworks when purchased.
[These provisions extended: Act of 1880 s. 52. Undertaking of
Berry Brow Water Supply Company Limited, transferred to
Corporation by Indenture dated 1st April, 1875: See .Act of
1876, preamble and sa. 34-7.]
32 & 33 Viet. Huddersfield Water Act 1869. Git. ex. 55
98. The Corporation and the local board £or any district, corn- Sec. 93-98
prised wholly or in part within the limits of this Act, may from time Powers for
to time agree for the supply by the Corporation to the board of water, a~reements
in bulk or otherwise, for public, sanitary, private, or other purposes. wb1oatrhd lao. cal
[Extended: Act of 1882 s. 26.]
94. Any such local board so agreeing with the Corpol'ation shall Supply by
have power to supply water for other than domestic purposes within local board.
their district on such terms, and by measure or otherwise, as the board
and the person supplied agree, and they shall have all such powers and
authorities with respect to the supply of water for other than domestic
purposes, as by virtue of the Public Health Act, 1848, or otherwise,
they have with respect to the supply of water for domestic purposes,
and they shall also be empowered to supply water to their respective
districts for domestic purposes at rents not exceeding the maximum
rents in this Act mentioned, with the same power for recovering
water rents as the Corporation have by this Act or any Act wholly or
partially incorporated therewith ; and if any such local board supply
any water for domestic purposes in any part of their district, they ehall
be under the like obligations respecting the supply of water for
domestic purposes throughout their district as by this Act, or any Act
wholly or partially incorporated therewith, are imposed on the
Corporation with respect to the di1:1trict within the limits of this Act.
[The Public Health Act 1848, is repealed by the Public Health
Act 1875. See now ss. 51-66, and 313 of the latter Act.]
95. .Any such local board shall from time to time levy the rates Local board
requisite to enable them to pay the water rents made payable to the t.o hivy rates
Corporation by the agreement with them, and to give full effect to the fofr pnrposest
terms an d cond 1. t·l ons and proper m· c1" d ents t he reo t·. o agreemen 11
96. Any such rates may be included in the general district rates Mode of
levied by the local board, or may be levied separately therefrom, levying of
quarterly or otherwise, and either prospectively in order to raise rates.
money for future expenses, or retrospectively in order to raise money
for past expenses, or in part prospectively and in part retrospectively,
as the local board from time to time think fit.
97, Any rate or proportion of rate to be levied by the Corp~ration, R~ting of
or by any local board, by virtue of and for the purposes of this Act, railways, &o.
shall, as regards railways and canals, the owner of any tithes or of any
tithe commutation rentcharge, and the occupier of any laud ui1ed as
arable, meadow, or pasture ground only, or as woodlands, market
gardens, or nursery grounds, and the- occupier of any land covered with
water, be subject to the limitations contained in section 55 of "'l'he
Local Government Act, 1858."
[See provisions for effectuating this section: Waterworks .Act
1871 s. 39. By virtue of s. 813 of the Public Health Act 1875
s. 211 of that Act now standa substituted for s. 55 of the Local
Government Act 1858, which is repealed.]
98. Nothing in this Act shall prejudice, defeat, lessen, or affect Saving rights
any rights, titles, or claims which Sir John William Ramsden, Baronet, of Si_r John
or the person or person,i for the time being entitled to the estates Wilham
from time to time subject to the subsisting uses of the will of Ramaden, &c.
Sir John Ramsden, Baronet, deceased, or of any settlement or
resettlement thereof, or of any Act of Parliament relating to the same,
56 32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
Sec. 99-101 or to the rents and profits thereof, his or their heirs, executors,
administrators, and assigns, may have against the Commissioners, and Sc1~3!Je. such rights, titles, or claims (if any such there be) shall have the same
effect against the Corporation as they would have had against the
Commis1,1ioners if this Act had not been passed; but nothing in this
sect ion shall be deemed to preserve to any person or persons any right
of appointing Commissioners, or any right incident thereto; and it
shall nut be lawful for the Corporation to make or bore any adits,
shafts, or borings on any lands part of the last-mentioned estates, or
of the estates of Sir John William Ramsden, his heirs or assigns, £or
the purpose of obtaining or searching for water without in each
instance the previous consent in writing of the said Sir John William
Ramsden, Baronet, or the person or persons for the time being entitled
as aforesaid, his or their heirs, executors, administrators, or assigns.
Saving rights 99. Nothing in this Act contained Elhall take away, alter, prejudice, ~!1:cf!ers- or affect any of the rights, privil(;'ges, or authorities of the Huddersfield
Company. Gas Company under or by virtue of "The Huddersfield Gas Act, 1861,"
but such reservation of the rights, privilege!!, and authorities of the
said gas company shall be subject and without prejudice to the
provisions of the said Waterworks Clauses Act, 1817, and of the said
Huddersfield Gas Act, 1861, for guarding against the fouling of water,
and the obligations of the said gas rompany with respect tot he fouling
of water shall continue in full force and effect uotwithstanding
anything contained in this Act.
Saving rights 100. Nothing in this Act shall take away or abridge any of the
ofCorporation right!!, power", or privileges of the Corporation.
Expenses of 101. The costs, charges, and expenses preliminary to and of and
Act. incidental to the preparing, applying for, obtaining, and passing of
this Act shall be paid by the Corporation out of money received by
them under this Act or out of the borough fund.
THE SCHEDULES.
to which the foregoing Act refers.
!
THE FIRST SCHEDULE.
[See s. 7 of this Act.]
THE COMMISSIONERS ACTS.
Session & Chapter. j Title.
I -------~1-------------------
7 & 8 Geo. IV. c. 84.1
1
An Act for supplying with water the town and
neighbourhood of Huddersfield in the West
, Riding of the Oounty ol York.
8 & 9 Viet. c. 70 . . 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.
32 & 33 Viet. Huddersfield Water Act 1869.
THE SECOND SCHEDULE.
[Sees. 7 of the Act, page 37.]
Ch. ex.
SECTIONS OF THE O0~1:MISSIONERB AcTS EXCEPTED FROM REPEAL
BT THE FOREGOING ACT.
7 & 8 Geo. 4. c. hxxiv.
57
Second
Schedule.
Section 21. And be it further enacted, that it shall be lawful for Power to
the said Commissioners, by themselves, their managers, servants, agent,;, mak; waterworkmon,
and assistants, to make, complete, and maintain reservoirs, wor 8
aqueducts, waterworks, engines, and pipes, and other buildings,
erections, works, and conveniences at or near to Spring Grove in the
towmihip of Huddersfield, and at or near to Clough Head in the township
of Longwood, for supplying with water, by means of such
waterworks, the town and neighbourhood of Huddersfield within the
township and parish of Huddersfield aforesaid, from the said springs
or sources of water called Nettleton llill or Maulshead, Royleshead,
Bald lfoyd, Middle Spring, Head Well Spring, and Clough Head
Springs, and also another re;;ervoir, works, and conveniences at or near
to a certain place called the Leys in tile said township of Longwood,
for the purpose 0£ supplying the owners and occupiers 0£ certain mills
and works herein-after mentioned with water, and the said Commfasioners
are hereby fully empowered, by themselves, their deputies,
agents, workmen, or servants, to supply the said intended resnvoirs,
aqueducts, waterworks, and other works during the time that the same
sliall be making,aud at all times for ever after the same shall be made, with
water from the said springs, and also from any brooks, ;:;treams, springs,
watercourses, and other sources of water which may be found in mal,ing
the said watenvork:,, and to make, erect, and set up such and so many
feeders, tunnels, shafts, sluices, weirs, engines, and other ma1·hines for
supplying the said waterworks with water, and for any other purposes
relating to the making, maintaining, and using such waterworks, as they
the said Commissioners shall from time to time think proper and
expedient ; and in order the better to effectuate the purposes aforesaid,
tl10 said Commissioners and their agents, officers, workmen, and
servants are hereby empowered to dig and break up the soil of any
private lands and hereditaments which they are hereby empowered to
take (subject to the provisions and directions of this Act), and also to
dig and break up the soil and pavements of any of the roads, highways,
footways, streets, lanes, alleys, passages, and public places within the
townships of LongwooJ and Lindley-cum-Quarmby and the town and
neighbourhood aforesaid, an<l to sink and lay mains, pipes, trunks, and
other conveniences for the purposes aforesaid, and to put stopcocks, or
plugs, or branches from i,,uch mains, pipes, trunks, and other conveniences
in such places and in such manner as shall be necessary for
the purposes ;fore~aid, and from time to time to alter the position of
and to repair, relay, and maintain such mains, pipes, trunks, stopcocks,
and plugs, and do 1111 such acts, matters, and things as they the said
58 32& 33 Viet. Huddersfield Water Act l869. Ch. ex.
Second Commissioners shall from time to time, and at any time, think necessary
Sc.nedule. and expedient for completing, amending, repairing, inproving, and
using the works by this Act authorized according to the true intent
and meaning thereof, and to make, erect, and provide such
engine houses and other works, and such cisterns, basins, main pipes,
conduit pipes, hand pipes, plugs, valves, branches of lead and other
metal, cocks, chamber cocks, cocks in common, main feeders, pumpers,
and pumps, and to do all such other acts as shall be necessary or
expedient for supplying the inhabitants ot' such town and neighbourhood
with water, and in otherwise carrying this Act into complete execution,
and also from time to time to divert, alter, repair, widen, enlarge,
amend, and discontinue the same, they the said Commissioners, their
agents, servants, and workmen, doing as little damage as may be in
the execution of the powers hereby granted to them, and making full
satisfaction in manner herein-after mentioned to the owners of and
persons interested in any lands or premises which may be taken,
removed, diverted, or injuriously prejudiced for any damages which
shall be sustained by such owners of or other persons interested in the
lands or premises which shall be taken or used by the sai9- Com•
missioners, or which shall be injured by being overflowed or otherwise,
in or by the execution of any of the powers of this Act, and this Act
shall be sufficient to indemnify the said Commissioners, their servants,
agents, and workmen, and all other persons acting under their authority,
for what they shall do by virtue of the powers hereby granted: Pro•
vided always, that the said Commissioners shall and they are hereby
required to leave a sufficient supply of water at the places where the
springs herein-before particularly named and described rise, so that the
water of such springs may at all times hereafter be there taken and
enjoyed by all persons resorting thereto for domestic purposes and for
watering cattle, as the same hath been heretofore taken and enjoyed by
them.
Millownere to Section 22. And whereas the owners and occupiers of certain mills
be eapplied and other works called New Mill, Clough Bottom Mill, Bank House
with water . Mill, and Longroyd Mill, situate upon Long\vood and Golcar Brook and
f~mnCom~7:a- upon the river Colne respectively, within the townships of Longwood
aioners gra 18' and Hudder~field and North Crosland, in the said county, are at present
and have been for 1,1ome time past in part supplied with water from the
said springs called Nettleton Hill or Maulshead, Royleshead, Bald
Royd, Middle Spring, Head Well Spring, and Clough Head Springs,
or some of them: And whereas it is estimated that one hundred and
twenty thousand gallons of water per diem will be sufficient for the
present supply of the said town and neighbourhood of Hudder::ifield,
and inasmuch as it may happen that such owners or occupiers of the
said mills and works may 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 this Act, it is reasonable that the
deficiency which shall or may arise from such diversion should be
provided for at the sole expense of the said Commissioners, and it is
expedient that provision should be made for securing such supply of
water, and otherwise for the protection, security, compensation, and
E<atisfaction of the respective owners and occupiers thereof : And
whereas the reservoir herein-before authorized to be made at or near
to Leys aforesaid is intended for the sole purpose of affording such
supply : Be it therefore further enacted, that the said Commissioners
shall and they are hereby required, at their own expense, previous to
the diversion of the said water or any part thereof from the said springs,
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
or any of them, to make or cause to be made in a proper and substantial
manner the said reservoir fur 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 will hold and
contain not less than two million four hundred thousand cubic feet of
water available for the purposes of such owners and occupiers, such
reservoir to be formed by a proper bank across the Longwood Brook,
the slope or inclination of which shall_ be made so as to be not more
than one foot perpendicular to three feet base at the least, with
sufficient pipes of cast iron and other proper materials, and proper valves
or cloughs for drawing off the water from the said reservoir for the use
of the said mills and works, with proper waste weirs for carrying off
the waste water thereof, and the said Commissioners shall and they are
hereby required at their own expense from time to time aud at all
times hereafter well and sufficiently to repair, uphold, maintain, and
support the said reservoir, and all the dams, banks, goits, trunks,
channels, water-gates, and other works appertaining thereto : Provided
always, that it shall be lawful for the owners and occupiers of the said
mills and other works from time to time and at all times, as they shall
think fit, to dra,w off the water from the said reservoir for the use of
the said mills and other works respectively.
59
Second
Schedule.
Section 23. And be it further enacted, that the said Commissioners Commissionshall
and are hereby required from time to time, and at all times for era to make
ever hereafter, to sustain, pay, and make good to all and every of the good any
said owners and occupiers ot' the said mills and other works respectively darnaee ~bat
for the time being, and every other person or persons, all damages and :/{ea:r ... ~fr8
expenses which may be occasioned or incurred by the breaking down breaking
or overflowing of the said reservoir, or the want of repair of the said down.
banks, piers, or goits thereof: Provided always, and it is hereby
declared, that it shall and may be lawful to and for the said Commissioners,
their agents, servants, and workmen to draw and let off the
water of the said reservoir at or near Leys aforesaid, when and so often
as it shall or may be necessary, for the purpose of repairing and
keeping in repair the said reservoir, and the dams, bank.., goits,
trunks, channels, water gates, pipes, valvel'l, and other works appertaining
thereto, or any part or parts thereof respectively, the said
Commissioners in drawing off the said waters doing as little damage
thereby as may be.
Section 24. Provided always, and be it further enacted, that in case Commissionit
shall at any time hereafter become necessa,ry, for the purpose of era to e_nl~rge
supplying the said town and neighbourhood with water, for the said reser~mr m
Commissioners to take from the i,aid springs or sources of water called oertam oases.
Nettleton Hill or Maulshead., Royleshead, Bald Royd, Middle Spring,
Head Well Spring, and Clough Head Spring, a greater or larger
quantity than one hundred and twenty thousand gallons per diem,
then and in each case the said Commissioners shall and they are
hereby required previously to enlarge and maintain the said reservoir
at Leys aforesaid, ~o 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 shall
and they are hereby required to find, provide, affix, and maintain such
and so many ,gauge or gauges, at such place or :places, and in such
manner as Mr. Nicholas Brown (an engineer appomted on behalf of
the said Commissioners) and Mr. John Raistrick (an engineer
60
Second
Schedule.
32 & 33 Viet. Huddersfield Water A et 1869. Ch. ex.
appointed on behalf of the said owners and occupiers) shall think
necessary and mutually agree upon, and in case any dispute should at
any time or times hereafter arise as to the quantity of water taken by
the said Commissioners from the said springs, the said Commissioners
shall and are hereby required from time to time, and at all times, to
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 waterworks and other premises of and belonging
to the said Commissioners, and to take a11 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 faeilitating the inspection above mentioned the Commissionert,
1 shall cause a key of the buildings within which such gauge
or gauges is placed to be kept at some house within one quarter of a
mile of the said gauges, which key shall be at all times accessible to
any of the last-mentioned peri,ons having the right of inspection.
Reserving the Section 25. And whereas the water of the said spring or springs
right of inha- called Head Well hath been immemorially resorted to and used by the
bitants of inhabitants of Longwood aforesaid, and the adjoining townships,
Lodogwhood t especiatlv in times of great drought: And whereas certain dwelling
athne Hote aedr s o l1 ouses, 1a· nd s, an.d tencme1tts 1.1 1 L ongwoo d a t·o resai. d· , near t I1 e sa1. d
Well Spring. last-mentioned spring, claimed to be tlie property of Thoma:. Brook,
\Villiam Brook, and Mary Hansou, widow, or of the heirs-at-law or
<levisees of Edward Hanson, deceased, and now severally occupied by
them and their respective tenants, have long enjoyed the surplus
water arising from the said spring or springs after the same had
overflowed a trough placed by the 1:1ide of the highway or road in
Longwood, nenr a place called Bull Green : Be it further enacted, that
the said Commissioners ><hall at their own ex1Jense collect into one
stream and channel the \\ hole of the water produced by the said Head
Well spring or springs, and convey the same into a trough or troughs to
be by them provided and placed where the present trough is placed, or as
near thereto and as conveniently as may be, to be resorted to and used by
the inhabihnts of Longwood aforesaid, and the adjoining townships,
as fully and freely in every respect as heretofore; nnd the said
Commissioners shall from time to time and at all times hereafter find,
providP, place, and maintain a cast iron or lead pipe, not less than one
inch and one-eighth in diameter, so as after supplying the said
inhabitants a quantity of water equal to the capacity of 1mch pipe, with
a pressure or head of six inches in the least above the centre of the
orifice of sud1 pipe, shall be thereby conveyed into the drain or sewer
now made under and across the said highway or road, and thence to
flow in its present channel to the dwelling housef!, lands, and tenements
herein-before described as claimed to be the property of the said
Thomas Brook and \Villiam Brook, and Mary Hanson, or of the heirsat-
law or devisees of Edward Hanson, deceased, and now severally
occupied by them and their respective tenants as aforesaid, to be used
and applied by them and the present and future owners and occupiers
of the said dwelling hou,.es, lands, and tenements for all purposes
whatsoever, and no water whatt:toever shall be diverted by the said
Commissioners from the said spring or springa called Head Well until
after the f'aid inhabitants and the said pipe shall be well and effectually
supplied as aforesaid.
s;ving ~i~ht Section 26 Provided alwavs, and be it further enacted, that
~f f:~f:10 or nothing in this Act contained "shall extend or be construed to extend
Bridge Honse to prevent the owner or occupier for the time being for ever hereafter
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex. 61
of a mansion house in the township of Longwood aforesaid, called s~t~i~1e
Mills Bridge House, from having and enjoying such supply of water . . ·
for the said mansion house and appurtenances for such purposes as the to 11 fert;m
present owner and occupier thereof is now legally entitled to under or ~it~i 0
by virtue of his purchase deeds or otherwise from the former owner
thereof.
Section 27. And be it further enacted, that in case the said ,!>-8 to repairCommissioners
shall refuse or neglect to repair, support, and maintain mg the. t
the sa1' d reservo·i r at L eys a f oresai· d f or t h e space of f ourteen d ays rLeesyear.v oir a
next after notice thereof in writing shall have been given to the said
Commissioners by or on behalf of the owners or occupiers of the said
mills and other works, or other person or persons, who shal1 find
himself, her1.;elf, or themselves aggrieved by or by reason of any such
refusal or neglect, then and in every such case it shall and may be
lawful for every or any of Esuch owners or occupiers, or other person
or person11, who shall find himself so aggrieved by such neglect or refusal
(after having applied for and obtained the approbation of and order in
writing from any three or more justices of the peace for the West
Riding of the county of York, which order the said justices are hereby
authorized and empowered from time to time, aR olten as there 11hall
be occasion, at their discretion to make and grant) to repair, amend,
support, or renew the said last-mentioned reservoir from time to time,
as occasion shall require, and all the reasonable costs and charges of
such repairs and amendments to be settled and allowed by the said
justices shall be repaid by the said Commissioners to the person or
respective persons who shall have so repaired, amended, supported, or
renewed such works as aforesaid, and upon refusal or neglect of the
said Commissioners to pay the said costs and charges, the same·
shall or may be levied and recovered by distress and ~ale of the goods
and chattels vested in the said Commissioners by virtue of this Act, by
warrant under the hands and seals of the said justices, rendering to
the said Commissioners the overplus after payment of such costs and
charges and the reasonaltle expenses of such warrant, distresR, and sale,
and which warrant suchjustices are hereby empowered to grant.
Section 28. Provided always, and be it further enacted, that the Furnaces of
furnace of every steam engine, if any, to be erected by the said steam engines
Commissioners, shall be constructed upon the principle of consuming !~ ~mnsume
or regulating its own smoke, provided that the same can be satisfactorily s0:~1.:wn
effected by any apparatus now known for that purpose. ·
Section 29. And be it further enacted, that in case any close or Watering
inclosure from which the water from the springs herein-before places to be
particularly named and described, or any of them, shall be taken, shall made. in
by reason of such water being so taken be deprived of the benefit of oertam cases.
such water, the said Commissioners shall and they are hereby required
to make and maintain such troughs or watering places in each and
every of such inclosure as may be neceesary for supplying the cattle
and stock therein with a.s sufficient a quantity of water as they enjoyed
before the passing of this Act.
Section 30. Provided also, and be it further enacted, that the said Waste water
Commissioners shall from time to time turn off and discharge, or cause toffbet turned
to be turne d·. of f an· ad1' sch arged , sueh spare or waste water of the toh ea s porirn nge ar
aforesaid springs as shall not be wanted for the supply of the head.
62 32 &33 Viet. Huddersfield Water Act 1869. Ch. ex.
Second inhabitants of the said town and neighbourhood at the :respective
Schedule. spring heads, or so near thereto that the water so turned off and
discharged may run and pass in the same course as bath been usual, or
a,s near thereto and as soon after being so turned off as may be.
Power to
make
additional
water works.
8 & 9 Viet. c. lx:x.
Section 3. 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 herein-after
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 as from the
several spl'ings 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 ofLongwood 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 a,uthorized,
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 conveyanceR 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
Lindlr,y-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 thi8 Act or in the
said recited Act contained shall extend to prevent the said Commissioners
supplying with water from the said W(?rks 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 embank•
ment 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
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex
diameter for the purpose of supplying the works or manufactories _now
or heretofore SUJ?plied 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, withi1,1 the township
and parish of Huddersfield aforesaid, according to the provisions of
the said recited Act or of this Act. ·
63
Second
Schedule.
Seetion 4. Provided always, and be it enacted, that nothing in this Certain
Act or in the said recited Act contained shall extend or be construed springs not to
to extend to authorize or enable the said Commissioners to take, use, be impounded
impound, obstruct, or divert two certain springs or streams of water &c.
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 corner 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, anything in this
Act or in the said recited Act contained to the contrary thereof in
anywise notwithstanding.
Section 5. And whereas it is by the said recited Act enacted, that it Repealing
should be lawful for the said Commissioners to make, complete, and provisions of
maintain (among other works) a reservoir, works, and convenienceri at formi5~.Ac\h
or near to a certain place called the Leys in the said township of Long- ~:~~~t;~f 8
wood, for the purpose of supplying the owners and occupiers of certain water to be
mills and works therein-after mentioned with water, and after reciting ta.ken by the
that the owners and occupiers of certain mills and other works called CommiseionN
ew Mill, Clough Bottom Mill, Bank House Mill, and Longroyd Mill, ers.
situate upon Longwood and Golcar Brook and upon the river Colna
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 Mauleshead, Royleshead, Baldroyd,
Middlespring, Headwell Spring, and Cloughhead 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
diversi()n or use of the water, or part thereof, from the said springs, or
some of them, for the purposes o:£ 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 satisfacti6n of the respective owners and occui,iers thereof, and
that the reservoir therein-before authorized to be made at or near to
64
Second
Schedule.
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
Leys aforesaid was intended for the sole purpose of affprding such
supply, it was by the said Act therefore enacted, that the said Commissioners
e1hould 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 thousan9- 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, 11,nd
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 !!aid Commissioners to take
from the said springs or sources of Water called Nettleton Hill or
Maulshead, Royleshead, Bald Royd, Middle Spring, Headwell Spring,
and Clough head 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 quanti1,y 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 lan engineer
appointed on behalf of the said owners and occupiers) Rhould 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 waterworks and other premises of and belonging to the said
Commissiom·rs, 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 per1:1ons having the right of inspection: And whereas
the said provisions for regulating the quantity of water to be taken by
the i<aid 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 Com•
missioners for the purpose of supplying the eaid 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 they are hereby repealed.
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex. 65
Section 6. And be it enacted, that the said Commissioners shall at Second
their own expense, previous to the diversion of any water from any of the Schedule.
additional springs or sources of water not heretofore taken or used by Commissionthe
said Commissioners, enlarge and extend the said reservoir £or ere to e;1large
impounding and keeping water for the use, benefit, and advantage of rser~m.r at
the owners and occupiers of the said mills and other works respectively 6 ~~ ~ 0
to such dimensions and extent as will hold and contain in the whole six c~bio' feet.
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 herein-after 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 th/3 said mills ancl other works herein-before 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 clough 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 o:ff 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. _
Section 7. Provided always, 11,nd be it enacted, that when the said Millowners
Commissioners shall have made and completed the said last-mentioned reaervoirto be
reservoir of such size and extent, and in manner above-mentioned, surveyed, and
they shall give notice to the said owners and occupiers of the said mills tt~e caomdpled
h k h f d f h . t f . 10n n conan
ot er wor s t ereo , an o t e appom ment o an engrneer on tents thereof
behalf of the said Commissioners for the purposes next herein-after to be
mentioned, whereupon the said owners and occupiers of the said mills certified.
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 uude1· their hands the completion and size thereof to the said
Commissioners, and the said ewners and occupiers 0£ the said mills and
other works, which certificate when obtained shall be filed at the office
0£ 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 deem.ed 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,
66
Third
Schedule.
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
THE THIRD SCHEDULE
[See s. 68 of this Act.]
MAXU.fU'M WATER RENTS WITHIN BOROUGH OF HUDDERSFIELD.
A.-Do:MEsTrc SUPPLY.
Value of property supplied. :Maximum annnal payment.
Not exceeding five ponnds - - Ten shillings.
Exceeding five and not exceeding six pounds Twelve shillings.
Exceeding six and not exceeding seven pounds • • lt'ourteen shillings.
Exceeding seven and not exceeding eight pounds • Sixteen shillings.
Exceeding eight and not exceeding nine p:>nnds • - Eighteen shillings.
Exceeding niue and not exceeding ten pounds • - One pound.
Exceeding ten and not exceeding twelve pounds. Oue ponnd four shillings.
Exceeding twelve and not exceeding fifteen pounds • One pound ten shilling11,
Exceeding fifteen and not exceeding twenty pounds l'wo pounds.
Exceeding twenty and not exceeding twenty.five pounds Two pounds ten shillings.
Exceeding twenty-five and not exceeding thirty pounds Three pounds.
Exceeding thirty and not exceeding thirty-five ponnds Three pounds ten shillings.
Exceeding thirty-five and not exceeding forty pounds. Four pounds.
Exceeding forty and not exceeding forty.five pounds - Jj'our pounds ten shillings.
Exceeding forty.five and not exceeding fifty pounds • Five ponnds.
Exceeding fifty and not exceeding fifty.five pound~ Five pounds ten shillings.
Exceeding fifty-five and not exceeding sixty pounds Six pounds.
E:ccellding sixty and not exceeding seventy pounds Seven pounds.
Exceeding seventy and not- exceeding eighty pounds Eight pounds.
Exceeding eighty and not f\XCeeding ninety pounds Nine pounds.
Exceeding ninety and not exceeding one hundred
ponndR - Ten pounds.
Exceeding one hundred pounds, then for each additional
one hundred pounds of annual rack-rent
or value • Ten pounds.
For every fraction of such additional one hundred
pc,nnds of annual rack-rent or value • - The amount payable in
case of an annual rackrent
or value of same
amount as such fraction.
B.-WATERCLOSETS AND BATHS.
For one bath any sum not exceeding ten shillings per annum.
For every watercloset or bath beyond the first, any sum not exceeding
fi.vo shillings per annum.
REGULATIONS.
For the purposes of this schedule, the actual amount of rent paid
for the property supplied where that can be ascertained, and otherwise
the gross annual value of the property as assessed to the poor
rate, shall be taken as the value of the property.
32 & 33 Viet. Huddersfield Water Act 1869. Ch. ex.
THE FOURTH SCHEDULE.
(See s. 90 of this Act.]
AGREEMENT made this 7th day of April, 1869, between the mayor,
aldermen, and burgesses of the borough of Huddersfield in the
county of York, herein-after called the Corporation, of the first
part, and John Broadbent and Butterworth Broadbent, both of
Longwood in the parish of Huddersfield, millowners, Robert
Robinson, of Lockwood, in the said borough of Huddersfield,
chemist and druggist, Samuel Pearson, of Hartshead in the county
of York, estate agent, Squire Dyson, of Cliff End in Longwood
aforesaid, millowner, and James Kay, of Bury in the county of
Lancaster, gentleman, and Elizabeth his wife, and William Shaw,
of Lonla{wood aforesaid, millowner and manufacturer, all of whom
are herein-after designated as and included in the expression of
" the said millowners," of the second part.
WHEREAS the Corporation in conjunction with the Huddersfield
Waterworks Commissioners are promoting a bill in Parliament for the
transfer of the existing waterworks and underhkings of the Commissioners
to the Corporation, and for powers to purchase additional
lands and to make a<l.ditional waterworks for the better supply of the
said borough and other neighbouring places with water, and for other
purposes, the short title of which bill or intended Act is the Huddersfield
Waterworks Act, 1869 : And whereas under the provisions of the
existing Huddersfield Waterworks Acts, passed in the years 1827 and
1845, a compensation reservoir has been constructed on the Longwood
Brook for the storage and supply of compensation water to the said
brook, and in the first instance the waters arising or being in and upon
certain lands comprising in the whole about one hundred and twenty.
five acres, situate at or near Shaw, Petty Royds, Round fogs, and
Crool, in Longwood aforesaid, and which are delineated upon the plan
hereto annexed, and thereon coloured pink, flowed or passed into the
said reservoir; but as the said millowners allege and complain, some
years ago by certain arrangements made by or on behalf of the said
waterworks commissioners with the owners of part of the said lands,
certain drains or water cond.uits were constructed therein which have
diverted from the said compensation reservoir, and deprived the said
millowners of the waters in or upon the said lands, and have appropriated
the same for the supply of Huddersfield: And whereas the said
Commissioners in the session of the year 1866 promoted a bill in
Parliament for obtaining further powers to enable them to construct
additional waterworks and for other purposes, which bill was opposed
in Parliament by, amongst others, the said millowners as millowni>rs
entitled to falls of water on the Longwood Brook below the existing
compensation reservoir of the Commis.-.ioners on the ground,
amongst other1,1, of what was alleged to be the wrongful diversion of
water from such compensation reservoir, and from the said millowners
falls below br means of the said drains, conduits, and other works on
the said Shaw all(l Petty Royds estates, and the said bill was, with
certain amendments, passed by the House of Commons, but rejected
67
Fourth
Schedule.
68
Fourth
Schedule.
82& 33 Viet. Huddersfield Water Act 1869. Ch. ex.
by the House of Lords : And whereas a bill is now being promoted in
Parliament whereby it is sought to vest in the said Corporation the
said lands, drains, and works, and to sanction aud confirm the said
diversion and appropriation of waters : And whereas the said millowners
have signified to the Corvoration their intention to oppose the said
present bill now being promoted: And whereas in settlement and
retirement of such opposition, and in satisfaction of the said millowners
claims and damages in respect of the premises, and the said bill, the
Corporation and the said millowners have respectively agreed and do
hereby agree together as follows ; namely,
1. In case the bill now being promoted in Parliament as aforesaid
shall pass into a law during the present or next session 0£ Parliament,
and this agreement be sanctioned by Parliament, the Corporation shall
pay to the said millowners tbe several sums herein-after mentioned,
making together the sum of one thousand four hundred pounds, in full
satisfaction and compensation for their respective damages already
incurred, or to be incurred or sustained as aforesaid, and for their
several intere;;'ts, claims, and demands in, upon, or in respect of the
said diversion of water, and under the said bill, such sum to be paid
within three calendar months from the passing of the said bill into an
Act, and to be divided and apportioned between the said millowners
in the sums and proportions of four hundred pounds to the said John
Broadbent and Butterworth Broadbent, five hundred pounds to the
said Robert Uobinson, Samuel Pearson, Squire Dyson, James Kay,
and Elizabeth Kay, and five hundred pounds to the said William Shaw.
2. In consideration of the premises the said millowners will not
directly or indirectly oppose the said bill now being promoted.
8. The Corporation shall close up the opening into the existing
drain or conduit at or about the point marked C on the said plan, and
shall not, either under the powers or provisions 0£ the proposed bill
or otherwise, except by the written consent of the said millowners
res1>ectively, by means of the present drains and works in or under
the said lands and estates, or by any other means whatever, divert any
waters from any lands or premises lying to the north of the conduit
represented by the strong black line upon the said plan, or to the
westward of the dotted line extended from C to D upon the said plan;
but this agreement is not to affect the rights, powers, and interests of
the respective parties with respect to a proposed straightening or
deviation of one of the said drains across a field of the said William
Shaw, numbered 120 on the parliamentary plans referred to in the
said bill, in or near the dotted line extending from A to B on the said
plan under the powers of the said bill, if and when the Corporation
shall have purchased or acquired from the said William Shaw
under the said bill, the necessary land or easement for the purpose of
such straightening or deviation ; and it is hereby declared that the
compensation money herein provided to be paid to the said William
Shaw shall not include his estate and interest in such last-mentioned
field or in respect of such easement thereon.
4. That under any circumstances the Corporation shall pay all the
costs, charges, and expenses incurred by the said millowners of and
incident to the preparation, settlement, and completion of this
agreement and the confirmation thereof, should such confirmation be
opposed in either House of Parliament.
3~ & 33 Viet. Huddersfield Water Act 1869. Ch. ex. 69
5. That in the event of any of the said millowners refusing to Fourth
concur in and sign this agreement on the same being presented £or Schedule.
signature, such non-concurrence shall not affect or invalidate the same
as regards the others, but this agreement shall notwithstanding such
non-concurrence be binding and conclusive as between the Corporation
and the said millowners who shall sign the same, their respective
proportions of the consideration money only being in such case payable
under these presents.
As witness the corporate common seal of the said Corporation and
the hands of the said other parties hereto.
Witness to the Signature of John l Broadbent,
CHARLES EDWD. FREEMAN,
Solicitor, Huddersfield.
Witness to the Signature of Butter- )
worth Broadbent, l
ORAS. EDWD. FREEMAN. j
Witness to the signatures of the said }
Robert Robinson, Samuel Pearson,
Squire Dyson, James Kay, and
Elizabeth Kay,
GEORGE DYSON,
Solicitor, Huddersfield.
Witness to the signature of the
William Shaw,
H. DYSON,
said}
Clerk to Messrs. Laycock, Dyson, and
Laycock, Solicitors, Huddersfield.
The corporate common seal of the }
mayor, aldermen, and burgesses of
the borough of Huddersfield was
hereunto affixed in the presence of
GEO. SYKES.
JOHN BROADBENT.
BUTTERWORTH BROADBENT.
RonERT RoBINSON.
SAMUEL PEARSON.
SQUIRE DYSON.
JA.MES KAY.
ELIZA.BETH KAY.
WM. Sru.w.
0

Huddersfield Water Act of 1869

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This page was last modified on 2 April 2018 and has been edited by Dave Pattern.

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