Salthouse Sands Reclamation Act 1846

Publication Date:January 01, 1846
Salthouse Sands Reclamation Act 1846

(9 & 10 Vict.) c. ccclxxxvi

An Act for reclaiming from the Sea, embanking, and improving the Salthouse Sands in the Manor of Plain Furness in the County Palatine of Lancaster.

[18th August 1846]

ANNO NONO & DECIMO VIC GIN.E ^T* ^* ^* ^r* *£+ *Z* ^F vr^ ^7 vr* x ^r *in ^jr tt* *t* ^t* yf* vp x* v^ ^r* *T* ^r* *T* IF *F *^ ^* vr vr* v[ v ^y* ^v t* v^* ^y ^ vr* vr* *t* *t* ^f ^* *^ *T* *P *o *T^ +E+ Cap. ccclxxxvi. An Act for reclaiming from the Sea, embanking, and improving the Salthouse Sands in the Manor of Plain Furness in the County Palatine of Lancaster. [18th August 1846.] HEREAS there is within the Manor of Plain Furness in the County Palatine of Lancaster a certain Portion or Tract of Land, Sea Shore, or Strand known by the Name of the Salthouse Sands, which, being subject to be covered by the Tide Waters, is in its present State incapable of Cultivation, and of little Value : And whereas the Most Noble Walter Francis Duke of Buccleuch and Queensberry is or claims to be Lord of the Manor of Plain Furness, and is or claims to be entitled to such Portion of the said Tract of Land, Sea Shore, or Strand as is situated between the High and Low Water Mark within the said Manor: And whereas the Right Honourable William Earl of Burlington is or claims to be entitled to the Fisheries of Dudden, Rampsidey and Walney, com prehending and extending over the said Sands : And whereas it would be of great Advantage if the said Tract of Land, Sea Shore, or Strand was embanked from the Sea, drained, and otherwise improved and brought into Cultivation : And whereas the said Walter Francis Duke of Buccleuch and Queensberry and William Earl of Burlington [Local] 78 0 are 7138 9 & 10 VICTORIA, Cap.ccclxxxvi. are willing at their own Expence to undertake the Embankment, Drainage, and otherwise the Improvement of the said Tract of Land, Sea Shore, or Strand; but the same cannot be effected without the Aid and 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, Construction and by the Authority of the same, That in the Construction of this of Terms. Act every Word importing the Singular Number only shall extend and be applied to several Persons or Things as well as One Person or Thing, and every Word importing the Plural Number shall extend and he applied to One Person or Thing as well as several Persons or Things; and every Word importing the Masculine Gender only shall extend and be applied to a Female as well as a Male; and the Word "Undertakers" shall extend to and mean the Persons for the Time being respectively who are by this Act declared to be Undertakers for executing the Purposes of this Act; and the Word "Lands" shall extend to Messuages, Lands, Tenements, and Hereditaments of any Tenure; and the Word u Corporation" shall mean a Body Politic, Corporate, or Collegiate, Civil or Ecclesiastical, Aggregate or Sole, unless in any of the Cases aforesaid it be otherwise specially provided, or there be something in the Subject or Context repugnant to such Construction. Walter Undertakers LL And be it enacted, 1 hat the said empowered Buccleuch and Queensberry and William several and respective Heirs and Assigns, shall be and they are to drain Lands, &c. hereby declared to be the Undertakers for executing the Purposes of this Act; and such Undertakers shall be and they are hereby authorized and empowered (subject to the Provisions as to the Line of the Embankment and to the Control of the Admiralty, as herein-after mentioned,) to embank from the Sea, drain, and otherwise improve all and singular and such and so many and such Part and Parts of the said Tract of Land, Sea Shore, or Strand as lie within the Limits herein-after mentioned; that is to say, commencing from a Point on the Main Land called Rabbit Hill Point, in the Parish of Dalton in the said County Palatine of Lancaster, and thence proceeding along the South Side of an Embankment lately constructed by the Furness Railway Company to where the said Embankment crosses High-water Mark at Neap Tides ; thence along the Line of such High-water Mark, or along another Embankment of the said Furness Railway, to such Extent as the same is or may be constructed below such High-water Mark as aforesaid, up to a Point called Westfield Point? in the said Parish of Dalton ; thence in a direct Line across Headen Hill and Parts of the said Sands called Salthouse Sands as are vested in [g to the said Walter berry as Lord of the Manor of Plain Furness, subject to such Right of Fishery of the said William Earl of Burlington as herein-before mentioned: Provided always, that nothing herein contained shall bind the said Undertakers to embank or drain, or cause to be embanked or drained, any Part or Portion of the said Tract of Land,* Sea Shore, or 9 & 10 VICTORIA C^.ccclxxxvi. 7139 or Strand as shall not in the Discretion of the said Undertakers be likely to compensate them for the Outlay necessary for such embanking and Drainage. III. And be it enacted, That the said Tract of Land, Sea Shore, Reclaimed or Strand hereby authorized to be embanked and drained shall be Lands to be and be deemed and considered to be locally situate in the Parish of j^Jjjy situ-Dalton, and it shall be lawful for the Magistrates at any Quarter ateinDalton Sessions to be holden for the County of Lancaster', upon the Appli- Parish, and cation of the said Undertakers, to appoint any fit Person as a Com- Township missioner to inquire into and determine what Proportion of the said t0b"de"ided Tract of Land, Sea Shore, or Strand, shall be appropriated to and by a Com-form Part of the respective Townships within the said Parish, and as missioner. soon as such Commissioner shall have inquired into and determined the same, and reduced his Decision into Writing, such Decision, with a Map or Plan of the said Tract of Land, Sea Shore, or Strand annexed thereto, and showing thereon the Boundaries of the respective Townships so decided by the said Commissioner, shall be filed of Record in the Office of the Clerk of the Peace for the said County of Lancaster : Provided always, that the said Undertakers shall give Notice of their Intention to apply for the Appointment of such Commissioner, and such Notice shall be published Three Times in some one and the same Newspaper published' in the County of Lancaster in the Six Weeks preceding such intended Application. IV. And be it enacted, That all Persons and Corporations who Parties claim to be entitled to any Compensation for any Loss, Damage, claiming Injury, or Prejudice arising to any Estate, Right, or Interest of such ticTtc/fur-Person or Corporation in consequence of the Operations .authorized nish Under.-. by this Act shall deliver or cause to be delivered to the said Under- takers with takers an Account, particular Description, or Schedule in Writing, Partic.ulars signed by them respectively, or by their respective Husbands, Guar- claims. dians, Trustees, Committees, or Agents, of such their respective Rights or Claims, and shall therein describe the Estate, Interest, or Right in respect whereof they shall respectively so claim to be entitled; and all such Claims for Compensation shall, in case the Parties cannot agree with the said Undertakers as to the Amount thereof, be decided by Arbitration. V. And be it enacted, That it shall be lawful for all or any of the Parties un-following Parties to agree with the said Undertakers to accept, and, de.r certain subject to the Restrictions in this Act contained as to the Payment Dis^1^t'es thereof, to accept, Compensation, for any Loss, Damage, Injury, or accept Com-Prejudice arising as aforesaid, and to enter into all necessary Agree- pensation; ments for that Purpose; (that is to say,) all Corporations, Tenants for Life or in Tail, or for any other partial or qualified Estate or Interest, married Women seised in their owrn Right or entitled to Dower, Guardians, Committees of Lunatics and Idiots, Trustees, or Feoffees in trust for charitable or other Purposes, Executors, and Administrators, and the Power so to agree as aforesaid may lawfully be exercised by all such Parties, not only on behalf themselves and their respective Heirs, Executors, Administrators, and Successors, but also for and on behalf of every Person entitled in Reversion, Remainder, or 7140 and to appoint Arbitrators. Appoint-m en t of Ar bitrators. 9 & 10 VICTORIA, Cap.ccclxxxvi. or Expectancy after them, if incapacitated, unknown, or not to be found, and as to such married Women as if they were sole, and as to such Guardians on behalf of their Wards, and as to such Committees on behalf of the Lunatics and Idiots of whom they are the Committees respectively, and that to the same Extent as such Wives, Wards, Lunatics, and Idiots respectively could have exercised the same Power under the Authority of this Act if they had respectively been under no Disability, and as to such Trustees, Executors, and Administrators on behalf of their Cestuique Trusts, whether Infants, Issue unborn, Lunatics, Femes Covert, or other Persons, and that to the same Extent as such Cestuique Trusts respectively could have exercised the same Powers under the Authority of this Act if they had respectively been under no Disability. VI. And be it enacted, That the Powers herein-after given to appoint Arbitrators shall extend to and may be lawfully exercised by every Party Lerein-before enabled to agree with the said Uudertakers as to the Acceptance of Compensation. VII. And be it enacted, That when any Question of disputed Compensation shall have arisen, then (unless both Parties shall con cur in the Appointment of a single Arbitrator) each Party on the Request of the other Party shall nominate and appoint an Arbitrator to whom such Dispute shall...

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