River Lark Acts, published 1843

The River Lark Amendment Act
1817

(For rendering more effective the 1699 Act)

 

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Reciting the main terms of the 1699 Act.

Continues to summarise main terms of 1699 Act.

Acknowledges that Ashley made the river navigable, and that the current owner is Susanna Palmer. However there are no longer any Commissioners competent to act, so a list of new Commissioners is appointed. Surviving Commissioners to elect successors in case of death or disability.

Commissioners have power to appoint six additional members, and must accept a commissioner nominated by the proprietor of the river. Provided that the new men have 300 a year or be worth 6,000. Fixes the oath. Ensures that all the 1699 powers remain in force.

Commission to meet monthly in the Shire Hall. Must have a quorum of 9. Only 7 needed to call an EGM. Witnesses can be required to swear an oath. A clerk may be paid up to 40 a year, by the proprietors, to serve the Commission.

Commission may direct haling ways to be widened, at the proprietor's expense, and can fix the value to be paid to landowners in compensation. An aggrieved proprietor may appeal to a Jury.

Describes process of appeal to a Jury. Jurors and witnesses may be paid, and defines who will pay them.

Safeguards on jury process. Land to be taken for the river only following payment. Gardens taken only by consent. Purchase money to be paid into Bank of England.

Provides for the use of purchase money until payment is agreed.

More provisions around a purchase of land. The new haling ways to be marked by stumps.

Where haling ways cross fences the proprietor must provide gates or leaps. And must ensure continued drainage of fields where needed. Sir Thomas Gage is exempted from having new haling ways on his property.

If landowners erect gates, then these must not obstruct navigation on the river, nor must any new ditches take water out of the river. Top Water Marks to be set 6 inches below the average bank level on the river, and the water level is not to exceed these marks. Except in time of flood. Commission to hear appeals, and millers not to be adversely affected by this regulation.

Proprietor to ensure adequate drainage of land. Millers not to hold back water from the river. However, the ancient Fornham St Genevieve Mill, owned by the Duke of Norfolk, to continue to enjoy traditional privileges. Works on the river to be advertised 3 weeks ahead. Obliges proprietor to provide for mills to be repaired, and for river works not to impair mill operations.

Persons on boats, and their horses and servants, not to trespass on adjoining lands. Commission may regulate the river by Bye-Laws.

Proprietors improvement costs to be met by increased tolls, which are specified here.

Proprietor may apply to the Commission for an increase in tolls of up to 20% to meet his further expenses. Commission may also lower the tolls.

Penalties set down in this Act may be enforced by the use of Bury Gaol. Provides for appeals.

Finally the Navigation is exempted from provisions regarding sewers. The Act to be a Public Act. This is the end of the Act of Parliament, but there follows a list of the Commissioners in post at the date of publication of this edition, ie 1843.


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This is the end of the River Lark Amendment Act 1817


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