Huddersfield Waterworks Act of 1871

The Huddersfield Waterworks Act of 1871 was summarised as:

An Act for authorising the construction by the Corporation of Huddersfield of additional Waterworks, and for carrying into effect arrangements between the Corporation and the Commissioners of the Wessenden Reservoir, and for extending the limits of and amending the Huddersfield Water Act, 1869; and for other purposes.

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12 34 & 35 Viet. Session 1871. Ch. xxiii.
THE HUDDERSFIELD
WATERWORKS ACT 1871.
INDEX.
SECTION.
Preamble.
Short Title 1
Provisions of general Acts herein named incorporated... :l
Interpretation of terma 3
Power to make works and take lands, &c. 4
Application of Act of 1860 5
Raising of top level of Wessenden reservoir 6
Payment by Corporation of mortgage debt of W e!lsenden
commissioners 6
Extinction of re-borrowing power 7
On payment of interest on debt rating under ,v eescnden Act
~~~~~~ 8
Cesser of rating under '\Y esl'lenden Act . . . 0
Power to Corporation to take Great Dyke, &c.... 10
Provision for flow of water drawn from W essenden reservoir . . . 11
Gauges to be erected 12
Restrictions on taking of W ate:r by Corporation 13
Restrictions on W essenden Commissioners 14
Corporation to maintain W essenden reservoir 15
Discharge of water from Wessenden reservoir 16
Yearly payment to W essenden Commissioners .. . 17
Access to Wessenden reservoir .;. 18
Cleansing of re1,ervoir 19
Corporation to be liable for accident &c. 20
Property in W essenden reservoir... 21
Penalty for neglect of Corporation as regards water 22
Costs of W essenden Commissioners 23
Maintainence of new roads 24
Limits of lateral deviation... 25
34 & 35 Viet. H udders/ield Waterworks
Act l 871.
Ch. xxiii.
SECTION.
Limits of vertical deviation 26
Compensation for damage... 27
Limit of time for compulsory purchase 28
As to lands of Thomas Joseph Sunderland 29
Power to take additional lands by agreement 30
Power to agree for easements, &c. 31
Rights of Corporation as owners of land... 32
Application of Railways Clauses Act 33
Limitation of time for construction of works 34
Power to borrow for works, &c., subject to Act of 1869, altered
as to payment of interest, sinking £rind, &c. 35
Extension of limits of Act of 1869 36
Recovery of water rent pai<l by owner 87
Days of payment of water rent . . . 38
Rating of railway companies, &c.... 39
Saving rights of Corporation 40
Expenses of Act 41
SCHEDULES.
'73
74 34 & 35 Viet. H uddersjield Waterworks
Act 1871.
AN
ACT
Ch. xxiii.
for authorising the construction by the Corporation of
Huddersfield of additional Waterworks, and for
ca~rying into effect arrangements between the Oorporatio11
and the Commissioners of the W essenden
Reservoir, and for extending the limits of and
amending the Huddersfield Water Act, 1869; and for
other purposes.
[ROYAL ASSENT 25TH MAY, 1871.]
32 & 38 Viet. WHEREAS by the Huddersfield "\V ater Act, 1869, the mayor,
c. ex. aldermen, and burgesses of the borough of Huddersfield in the west
riding of the county of York (in this Act called the Corporation) were
empowered to construct waterworks, and therefrom and from works
transferred to the~ by . that Act to supply water to the borough
of Huddersfield (m this Act referred to as the borough) and its
neighbourhood:
6 & 7 w. 4. And whereas in 1836 an Act (described in the first schedule to this
c. xciv. Act) was passed relative to waterworks in the valley of W essenden,
in the neighbourhood of the borough (in this Act referred to as the
W e1:1senden Act of 1836) :
And whereas by the Wessenden Act of 1836 the Commissioners of
the W essenden Reservoir were constituted and incorporated (in this
Act referred to ae the W essenden commissioner,1), and were empowered
to make and maintain a reservoir <'alled the W essenden reservoir, and
to levy rates on persons occupying falls supplied with water from the
parts of the W essenden brook and River Colne therein described, and to
borrow money on the credit of those rates :
And whereas it would be 0£ mutual advantage to the borough and
its neighbourhood, and to the millownors and others interested in the
waters of the W essenden reservoir and W essenden brook:, if the
"\V essenden reservoir wore enlarged, and if the water stored therein
were made available for the purposes of the W essenden Act of 1836,
and if the other waters now flowing into or forming W essenden brook
were made available £or the purposes 0£ the waterworks undertaking
of the Corporation, and it is expedient that arrangements in that
behalf made between the Corp-oration and the W essenden commissioners,
and embodied in this Act, be carried into effect accordingly :
And whereas it is expedient that the limits of supply of water by
the Corporation be extended, and that the Corporation be empowered
to construct additional waterworks, and to borrow money for the
purposes of this Act, and that further and other powers be conferred
34 & 35 Viet. Huddersfield Waterworks
Act 1871.
Ch. xxiii. 75
on the Corporation in relation to their waterworks undertaking, and See. 1-3.
that the Huddersfield Water Act, 1869, be in divers respects
amended:
And whereas the objects aforesaid cannot be attained without the
authority of Parliament :
And whereas plans and sections describing the line,-,, situations, and
levels of the intended new waterworks and other works, and plans
describing the lands intended to be taken compulsorily for the purposes
of this Act, and a book of reference to those plans containing the
names of the owners or reputed owners, lessees or reputed le1<sees, and
occupiers of lands in the line of the proposed works, or within the
limits of deviation as defined on the plans, and of the other lands
described on the plans, and further describing all those lands, have
been deposited with the clerk of the peace for the west riding of the
county of York (which are in this Act referred to as the deposited
plans, sections, and book of reference) :
May it therefore please Your Majesty that it may be enacted ; and
be it enacted by the Queen's most Excellent Majesty, by aud 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 Hudder;ifield Waterworks Act, Short title.
1871.
2. The following enactments ( as far as the same are applicable for Provisions of
the purposes and not inconsistent with the provisions of tnis Act) are ghene.ral Actad
h ereb y m· corporate d w1' th t h1' s A et; name1 y , inecroermpo nraatmede.
The Lands Clauses Consolidation Actl'I, 1845, 1860, and 1869:
The Waterworks Clauses Acts, 1847 and 1863, except the provisions
with respect to the amount of 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 substituted: Act of 1880 s. 107.]
8. With respect to the interpretation of terms in and for the Interpreta.
purposes of this Act, the following provisions shall have effect; tion of terms
namely,
(1.) In this Act, and in any enactment incorporated 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 enactment incorporated 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:
76
Sec.4-6
Power to
make works
and take
lands, &o.
.Application
of Act of
1869.
Raising of
top level of
Wessenden
reservoir.
Payment by
Corporation
of mortgage
debt of Wes·
senden commis1,1ioners.
34 & 35 Viet. H udders.field Waterworks
Act 1871.
Ch. xxiii.
(3.) 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 meap respectively the
Corporation and the town clerk of the borough and the 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
meamngs:
(5.) In this Act the term "the borough" means the borough of
Huddersfield in the west riding of the county of York, and
the term " the Corporation " means the mayor, aldermen,
and burgesses of the borough:
(0.) Jn tJ1is Act the term "the Wessenden Act of 1836" means the
Act described in the first schedule to this Act, and the term
" the W essenden commissioners" means the commissioners
incorporated by that Act.
4. Subject to the provisions of this Act, the Corporation may, in
accordance with the deposited plans and sections, make and maintain
the reservoir, enlargement and extension of reservoir, catch-water
drains, lines of pipes, conduits, road diversions, and other works shown
on the deposited plans, with all proper approaches, works, and conveniences
connected tlierewith, and vary, alter, or discontinue the pipe
or aqueduct, and any other work authorised by the Huddersfield
Water Act, 1869, for delivery of compensation water from their Deer
Hill reservoir, 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 of 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 intended or authorised waterworks, and
all waters found in, on, or under any lands taken or held by them
under this Act, but so that nothing herein contained shall extend to
authorise the Corporation to execute any works of sinking wells or
driving driftways beyond the limits of deviation shown on the
deposited plans, and may stop up all roads and ways within the limits
of deviation defined on the deposited plans which are 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.
6. The waterworks and undertaking authorised by this Act shall
be deemed part of the waterworks undertaking of the Corporation
under the Huddersfield Water Act, 1869.
6. As compensation for the taking of the waters by the foregoing provisions
of this Act authorised to be taken by the Corporation, the Corporation shall, by
means of the works of enlargement of the Wessenden re11ervoir by this Act authorised,
raise the top.water level of that reservoir by the height of fourleen feet six
inches, and shall, within seven years after the passing of this Act and before
commencing those works, pay olf and discharge the mortgage debt of the W essenden
commissioners existing at the passing of this Act, by paying to those commissioners
the several sums making up the aggregate thereof, as and when the same become
payable, on delivery of the securities for the same respectively, or by taking npon
themselves all liability of the Ila.id commissioners in respect of the nme, together
with all interest which may from time t.o time afterwards become dne on such sume
34 & 35 Viet. H udder~field Waterworks
Act 1871.
Ch. xxiii. 77
respectively until the said sums shall ho paid off, and the Corporation shall Sec. 7-10
complete such works of enlargement within two years from t-he time of commencing
the same.
[Repealed: Waterworks Act 1890 s. 7. See also Act of 1876 ss.
9-10.]
7. On payment by the Corporation of, or on their taking upon Extinction of
themselvei;, in accordance with the provisions of this Act, any part of re- borrowing
the mortgage debt of the '.V essenden commissioners, the power of power.
re-borrowing vested in those commissioners shall, to the extent of the
sum so paid or undertaken by the Corporation, be, by virtue of this
Act, extinguished.
8. On payment by the Corporation of any sum by way of interest On payment
from time to time due in respect of the mortgage debt of the of interest on
W esseuden commissioners to those commissioners, or to the person debt rating
entitled to the same in accordance with the provisions· of this Act, the under
sn,id commissioners shall not make any rate £or the payment of such f ~sse~~en b
interest: Provided always, that any sum paid to the W essenden ex:r:i:e/ 8
commissioners in manner aforesaid shall be applied by them in
payment of such interest to the person entitled thereto.
9. When and as soon as the mortgage debt of the W essenden Cesser of .
commissioners existing at the passing of this Act has been paid off and rating under
discharged, with all interest accrued thereon, the provisions of the :e:senden
W essenden .Act of 1836 respecting rating for the purpose of paying c ·
such interest, but not otherwise, shall, by virtue of this Act, cease to
operate, but not so as to alter any of those provisions as far as regards
the qualification of any person to be a W essenden commissioner.
10. The Corporation, as soon as they think fit after the passing of Power to
this Act, and before making the compensation aforesaid, or any part Corporation
thereof, may take, use, and appropriate (for the period of five years to take Great
from the passing of this Act, but not longer, except by the consent of Dyke, &c.
the said commissioners), for the purposes of their waterworks
undertaking, the Great Dyke, Blake Clough, and Blakeley Clough
streams and springs of water, subject nevertheless to the restrictions
and on the terms following ; (namely,)
[This period of five years extended to 25th May 1878 : Act of
1876 s. 19 (7) now repealed.]
(1.) The Corporation shall not take therefrom more than three
hundred and fifty thousand gallons of water per day at any
time before the completion by them of the enlargement of the
W essenden reservoir :
(2.) The Corporation shall not take therefrom before the completion
by them of the enlargement of the W essenden reservoir any
water whenever and as long as the flow of water from the
W essenden reservoir is less than one million six hundred and
eighty-seven thousand five hundred gallons per day (or whatever
may be for the time being the statutory supply of water
to Upper Bank Bottom Mill):
(3.) As compensation £or the water so taken the Corporation shall,
for_ or during the continuance of such taking, but not for or
during any suspension of such taking under this section, pay
to the W essenden commissioners a sum equal to the interest
78
Sec. ll-15
Provision for
flow of water
drawn from
Wessenden
reservoir.
.
Gauges to be
erected.
Restrictions
on taking of
water by
Corporation.
Restriction
on Wessenden
commie.
eioners.
Corporation
to maintain
Wessenden
reservoir.
34 & 35 Viet. Huddersfield Waterworks
Act 1871.
Ch. xxiii.
for the time being payable in respect of the mortgage debt of
the W essenden commissioners existing at the passing of this
Act:
(4.) While any interruption to the beneficial user of the Wessenden
reservoir is caused by the execution by the Corporation
of the works of enlargement thereof by this Act authorised,
the right by this section conferred on the Corporation of
taking water shall be and remain suspended unless the Corporation
on and during the continuance of such interruption
deliver into the W essenden stream at or above the reservoir
of Upper Bank Bottom Mill a daily quantity of water equal
to that taken by them u?Jder this sectiun.
[Corporation authorised to abandon the enlargement of the
W essenden reservoir and construct in lieu thereof the W essen•
den Head reservoir: Act of 1876 ss. 9, 12, and 16.]
11. Before the interruption by means of any new reservoir or works of the
Corpc1ration by this Aot authorised of the water drawn by or under the direction
of the Wessenden commissioners from the Wessenden reservoir, the Corporation
shall make due provision by means of pipes of sufficient capacity for the flow of
such drawn water p,1st their new reservoir or reRervoirs to or into the reservoir of
Upper Bank Bottom Mill, and such pipes shall be for ever thereafter maintained
and kept in repair by .the Corporation ; and if any difference arises between the
Corporation and the Weesenden commissioners as to the dimensions of snob pipes,
the same shall be referred to the engineer to be appointed under section thirty of
the Huddersfield Water Act, 1869. ·
[Repealed : Waterworks Act 1890 s. 7.]
12. The Corporation shall construct suitable measuring gauges
over or through which the water taken by the Corporation under this
Act from the Great Dyke, Blake Clough, and Blakeley Clough streams
and springs of water shall flow,and during their takingofsuch water shall
maintain tho~e gauges, and the same shall be open to the impection and
examination of the owners and occupiers of the several present and
future mills, works, and navigations interested therein.
13. Notwithstanding anytbiug in this or any other Act, it shall not be lawful
for the Corporation to execute any catch-water or other drain or work so as to
divert, disturl::, or diminish the natural flow of water to the Weseenden reservoir
from the natural watershed thereof, as defined on a certain map thereof agreed
on and intended to be deposited with the deposited plans, except to the extent and
in the manner shown on such map at or near the Great Dyke springs.
[Repealed : Waterworks Act 1890 s. 7.]
14. Notwithstanding anything in this or any other Act, it shall
not be lawful for the ,v essenden commissioners after the passing of
this Act to execute, or to continue if already executed, any catch.
water or other drain or work, so as to divert into the W essenden
reservoir any water from beyond the natural water-shed thereof as
defined on the said map, or any water which the Corporation are by
this Act authorised to take, use, and appropriate; but nothing in this
Act shall prevent the W essenden commissioners from constructing an
additional reservoir at their own expense and risk in the valley above
the W essenden reservoir.
15. On the passing of this Act the power and obligation to
maintain the W essenden reservoir and works connected therewith
conferred and imposed on the W essenden commissioners by sectioll
34 & 35 Viet. Huddersfield Waterworks
Act 1871.
Ch. xxiii. 79
twenty-eight and other provisions of the W essenden Act of 1836 shall Sec. 16-20
be and the same are hereby transferred to and conferred and imposed
on the Corporation.
16. The Corporation shall at their own cost for ever maintain and repair, and Discharge of
from time to time (if need be) renew, the outlet pipe of the Wessenden reservoir water from
when enlarged, but the Wessenden commissioners shall have full control of the WeBBenden
drawings of water from such reservoir, and .the Corporation shall at their own reservoir.
expense provide for and keep np the discharge of water from that reservoir when
enlarged, a.t such times and in such quantities as the Wessenden Commissioners
from time to time require, but the outlet pipe of the Wesseuden reservoir, as
existing at the passing of this Act, shall not be enlarged either by the Corporation
or by the commissioners without the <'onsent of the other of them.
[Repealed: Waterworks Act 1890 s._7.]
17. The Corporation shall pay to the Wessenden commissioners yearly, on the Yearly pay.
first day of January, the sum or fifteen pounds for or towards the expenses incurred ment to Wes,
by the commissioners in controlling and regnlating the drawing of water from the senden com,
Wessenden reservoir when enlarged. missioners.
[fncreased to Twenty-five pounds: Act of 1876 s. 19 (.J.)
Repealed: Waterworks Act 1890 s. 7.]
18. The Corporation shall have at all times free and unrestricted Access to
access by their officers and workmen and otherwise to the Wessenden Wessenden
reservoir and works connected therewith. reservoir.
[See Act of 1876 s. 19 (3) and (8)]
19. The W essenden commissioners may from time to time, at their own Cleansing of
expenBe, cleanse the Wessenden reservoir, and remove therefrom mud or other reservoir.
substances accumulated therein.
[Repealed: Waterworks Act 1890 s. 7.]
20. From and after the passing of this Act the following pro- Corporation
Yi.sions of the W essenden Act of 1836, namely, section fitty-five to be liable
(relating to entry and materials for repairs in case of accident) and for accident,
section fifty-six (relating to compensation for damages), shall have &c.
effect as if the Corporation had been therein named instead of the
W essenden commissioners.
[Extended to W essenden Head Reservoir: Act of 1876 s. 19 (8)
The following are the sections of the W esseuden Act of 1836
here referred to :-
55. And be it further enacted-That in case it shall at any time
happen from floods, or from any unforseen accident, that
the embankment of the said reservoir shall give way or
break down whereby the adjacent lands and property
might be subjected to danger of great damage or injury
unless the same should be immediately repaired or rebuilt,
it shall be lawful for the said Commissioners and they are
hereby authorised and empowered from time to time by
their officers; engineers, surveyors, agents or workmen,
without any delay or interruption from any person whomsoever,
to enter into any lands or other property adjoining
the said Reservoir, or the &aid stream or river, or any of
them (not being the ground whereon any house standt>,
nor being an orchard, yard, garden, park, paddock, planted
walk, nursery for trees, or avenue to a house,) and to dig
80 84& 35 Pict. Huddersfield Waterworks
Act 1871.
Ch. xxiii.
Sec. 21-22 for, work, get, and carry away, and use all such stones,
gravel, and other materials as may be necessary or proper
for the purposes aforesaid, without any previous treaty
whatsoever with the owner or occupier, or other person
interested in such lands or other property, doing as little
damage thereby as the nature of the works will admit of,
and making recompense for such damages as may be done
to the owners or occupiers of, or other persons interested
in such lands and other property by means of the digging
for, getting, working, taking, and carrying away, and
using such stones, gravel, and materials (except where the
lands or property entered upon for the above purposes
shall be common or waste lands, in which case no com•
pensation or satisfaction for damages shall be recoverable
by any person whomsoever), which damages and the
satisfaction or recompense for the same shall be settled and
determined by the ways and means hereinafter prescribed
with respect to other damages done by the breaking down
of the embankment of the said Reservoir.
Property in
Wessenden
reservoir.
Penalty for
neglect of
Corporation
a.s rega.rd11
water.
56. And be it further enacted, That if any person being a Commissioner
under this Act, or any other person, shall sustain
any damages in bis lands or property by reason of the
execution of any of the powers given by this Act, or by
reason of the breaking down of the said Embankment, or
any of the Works hereby authorised to be made ; or if any
public bridge or the road belonging to the same shall be
thereby destroyed or damaged, then and in every such case
full compensation and satisfaction shall be made by the
said Commissioners for all such damages ; and in case of
non-payment of the amount of such damages for the space
of thirty days next after the same shall be demanded, the
same shall and may be recovered, together with full costs of
suit, by action of debt or on the case, or by bill, plaint, or
information, in any of His Majesty's courts of record at
"\V estminster.] _
21, Nothing in this Act shall be deemed to transfer the property in the
Wessenden reservoir and works connected therewith, or any of them, to the
Corporation, aod the same shall remain and be as if this Act had not been passed.
[Repealed: Waterworks Act 1890 s. 7.]
22. In case of any neglect on the part of the Corporation to
maintain in a state of efficiency any gauge required by this Act, and in
case of any neglect on their part by or in consequence of which the
quantity of water which they are limited to take under this Act is in
any case exceeded, or the discharge of water from the W essenden
reservoir when enlarged is not duly provided for and kept up, then
and in every such case the Corporation shall, for every day on which
such neglect occurs, after the expiration of twenty-four hours from
notice thereof in writing served on them by or on behalf of the
occupiers of mills and works affected thereby, or any of them, 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 pounds, and
shall in addition make compensation £or 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
34 & 35 Viet. Huddersfield Waterworks
Act 1871.
Ch. xxiii. 81
may respectively from time to time recover such compensation with Sec. 23-28
costs from the Corporation by proceedings in any court of competent
jurisdiction.
(So much of this section as relates to W essenden Reservoir
repealed : Waterworks Act 1890 s. 7.]
23. The reasonable costs, charges, and expenses or the Wessendeil Com- Costs of
missioners preliminary to and of nnd incidental to the application for and paasir,g Wessenden
of this Act shall be paid by the Corporation. commissionera.
[Repealed: Waterworks Act 1890 s. 7.J
24. Every road, whethflr public or private, constructed by the Maintenance
Corporation on the embankment of a reservoir, and the drains, of new roa.da.
culverts, and fences thereof, shall be maintained by and at the cost of
the Corporation for ever, ancl 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 CorpLlration for one year after
the c-ompletion of the road and of the Lower 'W essenden reservoir by
this Act authorised, 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
~atisfaction), and on the expiration of the aforesaid 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.
25. Where the line of any work shown on the deposited plans Limits of
passes along any road, and limits of lateral deviation are not marked lateral
thereon, the Corporation may in constructing the works deviate deviation.
laterally from the line thereof as laid down on those plans to the
extent of the boundaries of the road, and elsewhere the Corporation
may, in constructing the works by this Act authorised, deviate laterally
from the lines thereof as laid down on the deposited plans to the
extent of the limits of lateral deviation shown thereon, but not
further in either case, except with the consent of the owner of the
lands through or in which the deviation is made.
26. In constructing the works by this Act authorised the Corpo- Limits of
ration may deviate vertically from the levels of their new reservoirs, ver~io~I
as shown on the deposited sections, to any extent not exceeding four deviation,
feet, and from the levels of any other works, as shown on those
sections, to any extent not exceeding six feet.
27. The Corporation shall be liable to make good to owners, Compensation
lessees, and occupiers of lands, and all other persons, all damage of for damage.
what nature or kind soeve1•, as well immediate as consequential,
incurred by such owners, lessees, or occupiers, or other persons, by
reason or in consequence of the giving way of any reservoir, embankment,
or other work of the Corporation authorised by this Act.
[Extended to Wessenden Head Reservoir: Act of 1876 s. 19 (8.)]
28. The powers of the Corporation for the compulsory purchase Limit of time
of lands for the purposes of this Act shall not be exercised after the for oom•
expiration of seven years from the passing of this A.et. pulsohry
puro aae.
[Extended (except as to certain lands) to 25th May 1885: Act
of 1882 s. 23.] ·
82
See. 29-34
As to lands
of Thomas
Joseph
Sunderland.
34 & 35 Viet. Huddersfield Waterworks
Act 1871.
Ch. xxiii.
29. And whereas it is alleged by Thomas Joseph Sunderland,
Esquire, that the taking 0£ the portions of his lands and buildings
situate at Marsden-in-Almond bury, which are shown upon the deposited
plan as intended to be taken for the purposes of this Act, will materially
injure and render unfit for beneficial occupation the residue thereof:
'.l'herefore the Corpor,ttion shall, within the time limited by this
Act for the compulsory purchase of land, take and purchase from the
said Thomas Joseph Sunderland the entirety of his lands and buildings
in Marsden aforesaid, and the amount of compensation to be paid for
the same shall be ascer.tained and determined in the manner provided
by the Lands Clauses Consolidation Act, 1845, unless the said Thomas
Joseph Sunderland and the Corporation shall mutually agree upon the
amount of such compensation.
Power to take 30. The Corporation may from time to time for the purposes of
additional tlrnir waterworks undertaking take by agreement, in addition to lands
lands by which they are autborisecl to take by compulsion, any lands, and may
agreement. hold the same, not exceeding in the whole at one time of moorland or
uninclosed land one hundred acres, and of cultivated or inclosed laud
fi£ty acres.
[See also Act of 1869 s. 22; Act 0£ 1876 s. 115; Act of 1880
s. 97 ; Act of 1882 s. 44 ; Waterworks Act 1890 s. 35.]
Power to 31. The Corporation may take by agreement, and any person by
agre~ for the Lands Clauses Consolidation Act of 1845, or otherwise, enabled to
easements,&c. sell lands, may grant to them, any term, estate, easement, interest,
Rights of
Corporation
as owners of
land.
Application
of Railways
Clauses Aot.
Limitation
of time for
oonftruction
of works.
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 Acts, 1845, 1860, and 1869, for
which purpose any such term, estate, easement, interest, right, or
privilege shall be deemed lands within the meaning 0£ those Acts.
32. The Corporation shall in relation to any streams and waters
flowing or being through or in any lands acquired for the purposes of
their waterworkfi undertaking, and held by them, be in the like position
in all respects as any person being a riparian or other owner of land
is at common law or otherwise in relation to streams or waters flowing
or being through or m the same.
33. The parts of the Railways Clauses Consolidation Act, 1845,
incorporated with this Act shall, for the purposes of this Act only,
apply to the reservoirs by this Act authorised and the works immediatel_y
connected therewith, and shall apply thereto as if those reservoirs and
works were referred to in those provisions instead of the railway, and
the respective boundaries of those reservoirs and works instead of the
centre 0£ the railway, and as if fifty yards were therein mentioned
instead of five hundred yards or two hundred yards, as the case may be.
34. If the works shown on the depositecl plans and by this Act
authorised are not completed within twenty years from the passing of
this Act, then and on the expiration of that period the powers by this
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 re8trict the
Corporation from extending, enlarging, altering, or removing any of
their engines, ma.chinery, mains, or pipes, or improving their supply of
34 & 35 Viet. Huddersfield Waterworks
Act 187 l.
Ch. xxiii. 88
water :from the sources of supply authorised by tliis Act, at any time Sec. 35-37
or from time to time as occasion may require.
[Extended to 18th July 1896 : Act of 1882 s. 25.]
35. The Corporation, independently of any other borrowing Power to
power, may from time to time borrow and re-borrow at interest on the borrow for
security of their waterworks undertaking and of the borough fund any wo:~\ ~c.
money not exceeding in the whole at any one time the sum of one ~~{~~ 18~9
hundred and fifty thousand pounds, and may mortgage their water- altered as~
works undertaking and the borough fund accordingly, and sections payment of
forty-nine to sixty-two, inclusive, of the Huddersfield Water Act, i1_1tei;est,
1869, shall apply and have effect to and in relation to 1rneh bor1·owing, ~nkmg fund•
re-borrowing and mortgaging as aforesaid, as if those sections were c.
re-enacted in this Act, subject and according to the following provisions;
(namely,)
(1.) Mortgages granted by the Corporation on the security of their
watarworks undertaking or of the borough fund before the
passing of this Act shall, during the respective continuance
thereof, have priority over all mortgages granted on the same
respective security under this Act :
(2.)1\foney so borrowed shall be applicable, as far as requisite, in or
towards discharge of the mortgage debt of the \Vessenden
commissioners existing at passing of this Act:
(8.) Section forty.nine of the Huddersfield Water Act, 1869, (relating to
application of borrowed money), shall not have effect for the purposes of
that Act, or of this Act, so as to control payment of interest on money
borrowed as in that section mentioned, or under this Act, until the
Corporation begin to give a general supply of water to the inhabitants
of the borough from the waterworks which they are by the Huddersfield
Water Act, 1869, or this .A.et, authoriaod to construct:
[This sub-section (3) repealed and other provisions substituted :
Act of 1880 s. 111.]
(4.) Section fifty.one of the Huddersfield Water Act, 1869, (relating to payment
of borrowed money,) shall for the purposes of that Act and of this Act
have effect as if. the following words had not been inserted therein
(namely), "together with a snm equal to the interest formerly paid" on
the aunt paid off.
[This sub-section ( 4) repealed and other provisions substituted :
Act of 1876 s. 128.]
36. The limits for supply of water of the Huddersfield Water Extension of
Act, 1869, are hereby extended so as to comprise the townships and limits of Act,
places described in the second schedule to this Act, and the Rudders- of 1869.
field Water Act, 1869, and this Act shall have effect as if those
townships and places had been originally mentioned in section sixtythree
of the Huddersfield '\V ater Act, 1869, and included within the
limits therein defined.
[Extensions of water limits set out: Act of 1869 s. 63, note page49.]
87. Where, under section seventy-two of the Huddersfield Recovery of
Water Act, 1869, such an owner as therein described pays any water w~ter rent
rent to the Corporation, the occupier shall repay to him the amount paid by
thereof, unless it has been af!reed that the owner is to pay the water owner.
rent, and any money payable by an occupier to an owner under this
section, if not paid on demand, may be recovered as arrears of rent
could be recovered from the occupier by the owner,
84
Sec. 38-4:1
Schedules.
Days of payment
of
water rent.
Rating of
railway com•
panies, &c.
Saving
rights of
Corporation.
Expenses of
A.et.
34 & 35 Viet. Huddersfield Waterworks
Act 1871.
Ch. xxiii.
38. Section seventy.four of the Huddersfield Water A.et, 1869, (relating to
the payment of water rent,) shall, a& from and after the passing of this Act, have
effect as if, instead of the days therein mentioned, the first day of March and the
first day of September had been therein mentioned.
[Repealed and Corporation empowered to prescribe the days of
payment of water rents: Act of 1876 s. 137.]
39. In order to effectuate section ninety-seven of the Huddersfield
Water Act, 1869, (relating to the rating of railways and certain other
classes of property,) the Corporation or the overseer~, in collecting rates
levied on the borough or on any of the townships comprised in tbe
borough (as the case may be), shall from time to time make such
variat-ion or inequality in their assessments and rates made and levied
on railways and other property coming within that section as may from
time to time be requisite in that behalf, or shall by means of deduction
from particular assessments allow the exemptions by that section
conferred.
40. Nothing in this Act shall take away or abridge any of the
rights, powers, or privileges of the Corporation.
41. The costs, charges, and expenses incurred by the Corporation
preliminary to and of and incidental to the preparing, applying for,
obtaining, and passing of this Act, including imch costs, charges, and
expenses of the vVessenden commissioners as have been agreed to be
paid by the Corporation, shall be paid by the Corporation out of the
borough fund.
THE SCHEDULES to which this Act refers.
THE FIRST SCHEDULE.
TIIE W ESSENDEN ACT OF 1836.
6 and 7 Will. IV. c. xciv.-An Act for enlarging the embankment
of a reservoir in the valley of W essendeu, in the township of
Marsden and parish of Almondbury, in the west riding of the county
of York ; and for other purposes.
[See the second paragraph of the preamble of the Act.]
THE SECOND SCHEDULE.
EXTENDED LIMITS FOR W A.TER SUPPLY.
[See s. 36 of this Act.]
The township of Marsden-in-Almondbury in the parish of Almondbury,
the township of Marsden-in-Huddersfield in the parish of
Hudderi;ifield, the township of Mirfield in the parish of Mirfield the
township of Kirkhcaton in the parish of Kirkhcaton, and so mu~h of
the township or chapelry of Hartishead-cum-Clifton in the parish of
Dewsbury as is situate to the east and south-east of a line drawn
parallel with and at one hundred yards distance to the west and north
of the Huddersfield and Birstal turnpike road, which traverses the said
township or chapelry from Cooper Bridge to the stream called
Nunbrook.
[Extensions of water limits set out: Act of 1869 s. 63, note page 49.]

Huddersfield Waterworks Act of 1871

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

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