Southampton Marsh Act 1844
| Jurisdiction | UK Non-devolved |
| Citation | 1844 c. liv |
| Year | 1844 |
ANN0
SEPTIMO
&
OCTAVO
VICTORIA;:
REGINB.
Cap.
liv.
Ail
Act
for
improving
the
Mursh
and
other
Common
Land$,
and
extending
Rights
of
Common
and
of
Recreation, within
the
Town
and
County
of
the
Town
of
Sozithuniptou.
[4th
July
1844.1
HEREAS
there are in
Southampton
certain Waste Lands
called the
Marsh,
containing Sixteen Acres Three Roods
w
and Thirty-two Perches or thereabouts, and other Waste
Lands: And whereas the Mayor, Aldermen, and Burgesses
of
the
Borough
of'
Southampton
are the Lords
of
Southampton,
and en titled
to the Soil
of'
all
the
Waste Lands in
Southanipton:
And whereas
there are in
Southampton
certain Common Fields called
East
Mag-
dnlens
otherwise
East Marlands,
containing Twenty-two Acres or
thereabouts,
West Magdalens
otherwise
West Marlands,
containing
Sisteen Acres
or
thereabouts,
Houndwell,
containing Eighteen Acres
or
thereabouts,
and
Hoglands,
containing Eleven Acres or tliere-
:tbouts
:
rind whereas the Inhabitants
of'
Southamp~on,
being House-
holtlers
in
Soutkampton,
paying Scot and Lot, or some
of
them,
claim
to
be
entitled to certain
Rights
of
Common and other Rights over
the
Marsh
at
all Times in the Year, and over the
said
Common
Fields
for
Six Months
in
the Year
or
thereabouts: And whereas the
Marsh
is
intersected by the
London
and South-western
Railway and
I)}
the
Itclien
Bridge
Road,
and
is
frequently
overflowed
by
the
[
Local.2
22
E'
Tide,
1954
7"
&
8"
VICTORIE,
Cop
Iiv.
Tide, and
is
very inefficiently drained, and
in
its present State
is
ot
little Benefit to the several Parties interested therein,
ai:tl
none
of such Parties have any Power to drain or otherwise improve the
same; and many Houses have been built ancl are building
in
its
immediate Viqinity, and there is reason
to
apprehend that
if'
it be
suffered to continue in its present State it inay prove injurious
to
the
Health
of
the Residents in its Neighbourhood, and otherwise become
a
general Nuisance to the Inliabitants of
Southampton
:
.4nd
whereas
tlie
Marsh
is
completely detached from the other Waste
I.alldi
in
Soutliampton
and from the said Common Ficlds, and by reason
of'
its
Situation in the immediate Vicinity of'the Terminus
of
thc
said
Rail-
way and of the
Soutlianzpton
Docks, it
is
peculiarly elieible for 12uilrl-
ing Purposes
:
And whereas it would be of
public
Utility, and
a
great
ant1
general Advantage to the Mayor, Aldermen, and
Ihirgesscs,
ancl
to the Commoners and other Inhabitants of
Sozcthnnzptoil,
and
to
Persons resorting thither, if the
iWarsk
were appropriated fbr builtl-
ing Purposes, and
if'
tlie Money arising therefioin were employed for
the Purposes herein-after expressed, and if' tlie Mayor, Altlernien,
and Burgesses were authorized to purchase tlie Fee Simple
of'
the
before-mentioned Common Fields, and
to
hold
the same at
all
'l'iines
thereafter for the Benefit ofthe Public
as
herein-after expressed
;
brit
the Purposes aforesaid cannot
lx
effected without the Authority
of
Parliament: May
it
therefore please Your Majesty that it
niay
l;c
enacted
;
and be it enacted by the Queen's most l
Rlajesty,
by
and
with the Advice
and
Consent of the Lords Spiritual
mici
Temporal, and Commons, in this present I'nrliament asseniblcd,
:111tl
Corporation
by tlie Authority of' the same, That (except
as
herein otherwise pro-
of
vided
for)
this Act shall be carried into execution
by
tlie
hlayor,
all1
p
to11 to
cRrry
tl,ii
Act
Aldermen,
and
Burgesses of the Borougll of
Southampbon,
acting
by
ioto
effect.
the Council for the Time being
of
the same Borough,
and
tliat
a11
Act passed
in
the Session
of
Parliament holden in the Fifth :ind
Sistli
Years
of'
the
Reign
of'
His
late
Majesty
King
CC'iZliom
the
Fourtli,
5
~(r
6
w.
4.
intituled
An
Act
lo
protlide
for
the Regulation
of
Mwiz'cipul
C01710-
c.
76.
rations
in
England
and
Wales, and all other
Laws
for the I'inic I:cing
in force relating to or affecting the Municipal Corporation
of'
the
Borough
of
Soutliampton,
and the several Enactments
and
l'rovisions
thereof' respectively, sliall from the passing of this Act
be
deemed
to
be
ancl
shall be executed as Part
of
this Act, except
in
the
Caws
wherein the same are hereby respectively varied, or wherein the
snnie
shall
be
inapplicable to the Purposes
of
this Act.
For
what
11.
And be it enacted, That it shall be
Iawfiil
for the
;\Inyor,
Contrms
Aldernien,
arid
Uurpes to eiiter into Contracts with any
l'crsons
*nnybenla('c'*
for
tile
Execlition
of
any
11'orks
directed
or
authorized by tliis Act
to be
done
by the illayor, Alderinen, and Burgcsses,
and
f'or fur-
nishing any Materials for the sanie, or which niay
be
requircd
by
tlic
Mayor, Aldermen, and Burgesses
;
and
every such Contract
sliall
be
in
I\-riting, and shall specify the
JVorks
to
be done and the Materials
to
be
furnished, and a Copy thereof
shall
be entered in
a
Book
to
be
kept by the Town
Clerk
for that Yurposc.
)IOW
to
be
111.
And
be it cnacted, That every Contract to
be
entered into
in
be
exe:uted.
pursuance of the Provisions of this Act shall
be
rriiiler the
Corninon
3
S:d
7”
&
8”
VICTORIB,
Cupliv.
1935
Seal
of
the Mayor, Aldermen, and Burgesses,
and
shall be signed
by
the other Parties thereto, and such Contracts shall be binding on the
Mayor, Aldermen, and Burgesses, and the other Parties thereto
respectively, and Actions and Suits may be maintained thereon,
and
Damages or
Costs
recovered by
or
against the Mayor, Aldermen,
or
B~irgesses, or the other Parties failing in the Execution thereof;
nevertheless, the
Mayor,
Aldermen, and Burgesses,
inay
from
‘Time
to Time
as
they tliink fit, compound
with
any Person
on
account
of
any Breach
or
Nonperformance
of‘
any such Contract, for any
Sum
of‘
hloney which they may think proper, or they inay remit any
Penalties on account thereof:
IV.
And be it enacted, That during the Execution of any such
Materih for
Contract the Works
in
coitrse of being
done
under sitch Contract,
Works
con-
tracted
for
and all the Materials
of’
every Description brought
upon
or near
such
to
be
col,-
Works fbr the I’urpose of being used in the EX~ClltiOil Of Such
(‘011-
sidered the
tract, shall, for the Purpose
of
protecting the same
from
Iiijury
Property
of
by Indictmetit by the Mayor, Aldermen, and Burgesses against any
the
CortJOr;L-
Person
who
shall steal, take or carry
away,
deface or iiijure
the
ti”r”
same, be held to be the Property
ot’
the Mayor, Aldcrnien,
and
Burgesses.
v.
And be it enacted, That nothing
in
any
Deed
or Contract by
Genera]
pro-
this
Act authorized to be made by or on the Behalf of the
Mayor,
wrty
of
the
Corporation
and
Borough
Aldermen, and Burgesses for any of the Purposes
of‘
this Act shall
extend to charge or affect the proper Lands or
Goods
of
the
Mayor,,
Fund
not
Alderincii, and Hilrgesses, or the
Roroiigh
Fund
of’
the
I301.0ugh
of
be liable.
Southanzpton,
with
or
for the Performance
of
any thing contained it1
any such Instrument
;
but the Amount
of’
all
l)ainages,
Costs,
antl
Charges recovered
in
any Action or Suit
in
consequence
of’
any
such
1,:abiIity
of
Instrument, or which the
Major,
Aldermen,
antl
liurgesses
shall
I’roperty
otlierwise be put to by virtue
of’
this
Act,
shall
respectively be
clis-
charged out
of’
the
Lands,
Monies,
Goods,
and
CIi:ittcls vested in
Corporittiuti
,rntler
tllis
the Mayor, Aldermen,
ani1
Burgesses
by
virtue or
for
tlic
l’~it*poses
Act.
of
this Act.
‘I1
the
VI.
And
be it enacted, That Esccritions upon
every
Judginent or
Executions
Ilecree
against the
Mayor,
Aldermen,
or
Uurgesses
in
any such
Wirlst
Pro-
Action or Suit
shall
be executed only against the Lands, hlonies,
in
perty
t,le
vested
Corpo.
Goods, and Chattels vested in the Mayor, Aldermen, and Burgesses
ration under
by
virtue or
fbr
the Purposes of‘this Act.
thih
.4ct.
1’11.
And be it enacted, That the Mayor, Aldermen,
and
Burgesses
Minutes
or
sh~il
ca~ise
proper Minutes of
all
their Proceedings in or about the
Proceetlin~s
Monies received and expended under
antl
by virtue of’this Act to be
a,,d
E~,,~,,-
i~cspcctively drawn
up,
kept, and entered
in
Books
to
be
provided
tlirure
1:)
be
filr
tlint Piirpose, and to
be
open
for Inspcction, and transniitted to
h)f
allct
ti’
One
of Her Majesty’s I’rincipal Secretaries of State, in like hIanner
~~q~~~?~.
iti
all
respects
as
RIinut,cs
and
Accounts
of
and
conccinirig their
gcneral Proceedings, Ileceipts,
and
Expenditure now are or hereaf’ter
shall
be
by
Law
requirecl to
be
respectively drawn
up,
kept, entered,
open, antl transmitted
;
ancl that all Laws and
Bye
Laws
fir the
‘Time
carrying
of
this Act into execution,
arid
proper Accounts
of
all
and
of
,iecci,,,s Accounts
To continue reading
Request your trial