Waterworks Clauses Act 1847
| Jurisdiction | UK Non-devolved |
| Citation | 1847 c. 17 |
| Year | 1847 |
(10 & 11 Vict.) C A P. XVII.
[23d April 1847]
'WHEREAS it is expedient to comprise in One Act sundry Provisions usually contained in Acts of Parliament authorizing the Construction of Waterworks for supplying Towns with Water, and that as well for avoiding the Necessity of repeating such Provisions in each of the several Acts relating to such Undertakings as for ensuring greater Uniformity in the Provisions themselves:' 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, Thatthis Act shall extend only to such Waterworks as shall be authorized by any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith, and all the Clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the Undertaking authorized thereby, so far as the same shall be applicable to such Undertaking, and shall, with the Clauses of every other Act which shall be incorporated therewith, form Part of such Act, and be construed therewith as forming One Act.
And with respect to the Construction of this Act and any Act incorporated therewith, be it enacted as follows:
II ‘special Act:’
II. The Expression ‘the special Act’ used in this Act shall be construed to mean any Act which shall be hereafter passed authorizing the Construction of Waterworks, and with which this Act shall be incorporated; and the Word ‘prescribed’ used in this Act in reference to any Matterherein stated shall be construed to refer to such Matter as the same shall be prescribed or provided for in the special Act, and the Sentence in which such Word occurs shall be construed as if, instead of the Word ‘prescribed,’ the Expression ‘prescribed for that Purposein the special Act,’ had been used; and the Expression ‘the Lands and Streams’ shall mean the Lands and Streams of Water which shall by the special Act be authorized to be taken or used for the Purposes thereof; and the Expression ‘the Undertaking’shall mean the Waterworks, and the Works connected therewith, by the special Act authorized to be constructed; and the Expression ‘the Undertakers’ shall mean the Persons by the special Actauthorized to construct the Waterworks.
III Interpretations in this and the special Act:
III. The following Words and Expressions, in both this and the special Act, and any Act incorporated therewith, shall have the Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,)
Words importing the Singular Number shall include the Plural Number, and Words importing the Plural Number only shall include also the Singular Number:
Words importing the Masculine Gender shall include Females:
The Word ‘Person’ shall include a Corporation, whether aggregate or sole:
The Word ‘Lands’ shall include Messuages, Lands, Tenements, and Hereditaments, or Heritages of any Tenure:
The Word ‘Streams’ shall include Springs, Brooks, Rivers, and other running Waters:
The Word ‘Street’ shall include any Square, Court, or Alley, Highway, Lane, Road, Thoroughfare, or public Passage or Place within the Limits of the special Act:
The Expression ‘the Waterworks’ shall mean the Waterworks, and the Works connected therewith, by the special Act authorized to be constructed:
The Expression ‘Water Rate’ shall include any Rent, Reward, or Payment to be made to the Undertakers for a Supply of Water:
The Word ‘Month’ shall mean Calendar Month:
The Expression ‘Superior Courts,’ where the Matter submitted to the Cognizance of the Court arises inEngland or Ireland , shall mean Her Majesty's Superior Courts of Record at Westminster or Dublin , as the Case may require, and shall include the Court of Common Pleas of the County Palatine of Lancaster and the Court of Pleas of the County of Durham , and where such Matter arise in Scotland it shall mean the Court of Session:
The Word ‘Oath’ shall include Affirmation in the Case of Quakers, and any Declaration lawfully substituted for an Oath in the Case of any other Persons allowed by Law to make a Declaration instead of taking an Oath:
The Word ‘County’ shall include Riding or other Division of a County having a separate Commission of the Peace, and inScotland Stewartry, and any Ward or other Division of a County or Stewartry having a separate Sheriff, and it shall also include County of a City or County of a Town:
The Word ‘Justice’ shall mean Justice of the Peace acting for the Place where the Matter requiring the Cognizance of any such Justice arises; and if such Matter arise in respect of Lands or Streams situated not wholly in One Jurisdiction, shall mean a Justice acting for the County or Place where any Part of such Lands or Streams shall be situated; and where any Matter is authorized or required to be done by Two Justices, the Expression ‘Two Justices’ shall be understood to mean Two or more Justices met and acting together:
The Word ‘Sheriff’ shall mean the Sheriff Depute of the County or Ward of a County inScotland and the Steward Depute of the Stewartry in Scotland in which the Matter submitted to the Cognizance of the Sheriff arises, and shall include the Substitutes of such Sheriff Depute and Steward Depute respectively:
The Expression ‘Quarter Sessions’ shall mean Quarter Sessions as defined in the special Act, and if such Expression be not there defined it shall mean the Court of General or Quarter Sessions of the Peace which shall be held at the Place nearest to the Waterworks, or the principal Office thereof, for the County or Place in which the Waterworks, or the principal Office thereof, is situate, or for some Division of such County having a separate Commission of the Peace:
The Expression ‘the Town Commissioners’ shall mean the Parties defined under that Title in the special Act, and where no such Parties shall be there defined shall mean the Commissioners, Trustees, or other Parties having the Control or Management of the Streets under any Act for paving or improving the Town or District to be supplied with Water under the special Act:
The Word ‘Inspector’ shall mean an Officer appointed under any local Act relating to the Town or District supplied with Water under the special Act, for the Purpose of inspecting or superintending Works connected with the Paving, Drainage, or Supply of Water of such Town or District, or an Officer appointed under any general Act for executing the like Duties with respect to such Town or District together with other Towns or Districts.
And with respect to citing this Act, or any Part thereof, be it enacted as follows:
IV Short Title of this Act.
IV. In citing this Act in other Acts of Parliament, and in legal Instruments, it shall be enough to use the Expression ‘theWaterworks Clauses Act, 1847.’
V Form in which Portions of this Act may be incorporated in other Acts.
V. For the Purpose of incorporating Part only of this Act with any Act hereafter to be passed, it shall be enough to describe the Clauses of this Act with respect to any Matter in the Words introductory to the Enactment with respect to such Matter, and to enact that the Clauses so described, or that this Act with the Exception of the Clauses so described, shall be incorporated with such Act, and thereupon all the Clauses of this Act so incorporated shall, save so far as they are expressly varied or excepted by such Act, form Part of such Act, and such Act shall be construed as if such Clauses were set forth therein with reference to the Matter to which such Act relates.
And with respect to the Construction of the Waterworks, be it enacted as follows:
VI Construction of Waterworks to be subject to the Provisions of this Act and the Lands Clauses Consolidation Acts, 1845.
VI. Where by the special Act the Undertakers shall be empowered, for the Purpose of constructing or supplying Waterworks, to take or use any Lands or Streams otherwise than with the Consent of the Owners and Occupiers thereof, they shall, in exercising the Power so given to them be subject to the Provisions and Restrictions contained in this Act, and if the Waterworks be situated inEngland or Ireland , to the Provisions and Restrictions contained in the Lands Clauses Consolidation Act, 1845, and if the Waterworks be situated in Scotland , the Provisions and Restrictions contained in the Lands Clauses Consolidation, Scotland , Act, 1845; and shall make to the Owners and Occupiers of and all other Parties interested in any Lands or Streams taken or used for the Purposes of the special Act, or injuriously affected by the Construction or Maintenance of the Works thereby authorized, or otherwise by the Execution of the Powers thereby conferred, full Compensation for the Value of the Lands and Streams so taken or used, and for all Damage sustained by such Owners, Occupiers, and other Persons, by reason of the Exercise, as to such Lands and Streams, of the Powers vested in the Undertakers by this or the special Act, or any Act incorporated therewith; and except where otherwise provided by this or the special Act, the Amount of such Compensation shall be determined in the Manner provided by the said Lands Clauses Consolidation Acts respectively for determining Questions of Compensation with regard to Lands purchased or taken under the Provisions thereof, and all the Provisions of the...
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