Ouse (Lower) Improvement Act 1884

JurisdictionUK Non-devolved
Citation1884 c. clxi
Year1884
[47 [Ch. clxi.]
A.D.
1884.
CHAPTER clxi.
An Act to authorise the Undertakers of the Navigation of
the Eivers Aire and Calder in the west riding of the
county of York to deepen and improve the lower Naviga-
tion of the River Ouse and for other purposes.
[28th July 1884.]
W
HEREAS by an Act passed in the tenth and eleventh years of 10&
11
W.3.
the reign of King William the Third chapter nineteen and by ^ G" 3
an Act passed in the fourteenth year of the reign of King Greorge c. 96.
the Third chapter ninety-six certain powers for making and keeping
navigable the Eivers Aire and Calder in the county of York and
for taking tolls rates or duties for the use thereof and for divers
other purposes were conferred on the Undertakers of the Navigation
of the rivers of Aire and Calder in the west riding of the county of
York (in this Act called " the Undertakers"):
And whereas by an Act passed in the first year of the reign of
King George the Fourth chapter thirty-nine intituled " An Act to lG. 4. c. 39.
" enable the Undertakers of the Navigation of the Rivers Aire and
Calder in the west riding of the county of York to make a navi-
gable cut or canal from and out of the said navigation at Knot-
tingley to communicate with the River Ouse near Goole with two
collateral branches all in the said riding and to amend the Acts
relating to the said navigation " (herein-after called " the Act of
1820") the Undertakers were authorised to borrow any sum or
sums of money not exceeding two hundred thousand pounds on
security of the navigation and of the canals to be made under that
Act and the tolls and revenues arising thereon to be applied in
making the works authorised by and other the purposes of that
Act:
And whereas by an Act passed in the ninth year of the reign of 9 G.
4.
c 98.
King Greorge the Fourth chapter -ninety-eight intituled " An Act to
" enable the Undertakers of the Navigation of the Rivers Aire and
tt
£t
&C
6£
££
ii Calder in the west riding of the county of York to make certain
[Local-464.'] A 1
[Ch.
ClxL] Ouse (Lower) Improvement Act, 1884. [47 & 48 VICT.]
A.B.
1884. " cuts and canals and to improve the said navigation" the Under-
takers were authorised to make new canals and railways and certain
docks and basins at Goole and to "borrow any sum or sums of money
not exceeding seven hundred and fifty thousand pounds by any of
the means ways and methods prescribed by the Act of 1820 and to
charge certain tolls for the use of the improved navigation and of
the railways and the docks and basins by the Act now reciting
authorised:
8
&
9 Vict.
&JL&
whereas by the Wakefield Pontefract and Goole Railway Act
c' ' 1845 the "Undertakers were authorised to acquire certain railways
and stations by that Act authorised to be made within the estate at
Goole belonging to the Undertakers and to construct new docks at
Goole:
9 & 10
Vict. And whereas by the Wakefield Pontefract and Goole Railway and
c 212.
port
0£ Q00I6 ^C£
IQ4-Q
the Undertakers were authorised to acquire
a certain branch railway to Shuffleton Bight of the River Ouse and
to make certain additional works at Goole:
And whereas the Undertakers are the owners of the port of Goole
and that port has been duly constituted a port of the United King-
Wl
of the principal ports of England- and the continent of Europe and
other foreign ports and the navigation of the Undertakers connects
the port of Goole with the towns of Leeds Bradford Wakefield
Barnsley Huddersfield Halifax and other towns in the west riding
of Yorkshire and in conjunction with other connecting canals com-
pletes the inland navigation from the Humber to the Mersey:
And whereas the Undertakers have expended large sums of
money in the construction of docks basins quays wharfs ware-
houses railways and other works at the port of Goole and they are
possessed of lands there suitable for the further extension of such
works:
And whereas the port of Goole is situate upon the River Ouse at
a point upon that river* about eight miles above the confluence
thereof with the River Trent:
And whereas the number size and draught of the vessels fre-
quenting the port of Goole has of late years so far as the present
condition of the River Ouse will allow been increasing rapidly and
it would be conducive to the safety of these vessels and to the
advantage of the public that the portion of the said river extending
from a point at or near the North-eastern Railway bridge at Skelton
above the port of Goole to a point at or near its confluence with the
River Trent below that port should be deepened straightened lighted
beaconed and buoyed and otherwise improved and the navigation
thereof regulated:
2
[47 & 48 VICT.]
]
And whereas the Undertakers have already expended the sum of AD. 1884,
twenty-two thousand five hundred pounds in the improvement of
the River Ouse below the port of Goole and in the construction of a
mooring and landing jetty at Blacktoft without .power to charge
toll in respect of such outlay and the expenditure for the further
necessary improvements of the river will be very large And whereas
the Undertakers are willing themselves to provide for that expen-
diture if authorised by Parliament to make the improvements requi-
site and to levy in respect thereof the tolls and charges by this Act
authorised:
And whereas plans and sections of the works authorised by this
Act showing the lines and levels thereof and also books of reference
to the plans containing the names of the owners and lessees or re-
puted owners and lessees and of the occupiers of the lands required
or which may be taken for the purposes or under the powers, of this
Act were duly deposited with the respective clerks of the peace for
the west riding of the county of York and for the east riding of the
county of York and are herein-after respectively referred to as the
deposited plans sections and books of reference :
And whereas the purposes of this Act cannot be effected without
the authority of Parliament:
May it therefore please Your Majesty that it may be enacted and
be it enacted by the Queen's most Excellent Majesty by and with
the advice and consent of the Lords Spiritual and Temporal and
Commons in this present Parliament assembled and by the authority
of the same as follows (that is to say):
1.
This Act may be cited for all purposes as Ouse (Lower) Short title.
Improvement Act 1884.
^^ T
2.
The following Acts and parts of Acts are (except where Incorpora-
expressly varied by this Act) incorporated with and form part of tl0n of s
this Act so far as it relates to the River Ouse and to the improve-
ments and works in that river by this Act authorised (that is to
say) the Lands Clauses Consolidation Acts 1845 1860 and 1869 as
amended by the Lands Clauses (Umpire) Act 1883 sections sixteen
and eighteen to twenty-four inclusive of the Railways Clauses Con-
solidation Act 1845 and the provisions of that Act with respect to
the temporary occupation of lands near the railway during the con-
struction thereof and with respect to mines lying under or near the
railway and with respect to the settlement of disputes by arbitration
and the Harbours Docks and Piers Clauses Act-1847 except sections
twenty-five twenty-six seventy-seven seventy-eight seventy-nine
eighty and eighty-five: Provided that the incorporated provisions
of the Railways Clauses Consolidation Act 1845 shall not apply to
or include any lands now belonging to or occupied by the North-
A 2 3

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