[24 & 25 GEO. 5.) Walthamstow Corporation Act 1934.
[Ch. Iiii] |
|
| CHAPTER Iiii |
| An Act to empower the mayor aldermen and
burgesses of the borough of Walthamstow to acquire lands in the borough to extinguish certain
reputed lammas rights in or over such lands and
for other purposes. [12th July 1934.]
| A.D. 1934. |
| WHEREAS the borough of Walthamstow (hereinafter referred to as ("the borough") in the county
of Essex is a borough under the government of the mayor
aldermen and burgesses of the borough acting by the
council (hereinafter referred to as "the Corporation"): |
| And whereas there are within the borough certain
lands which are reputed to be subject to lammas rights
but it is not known by whom and to what extent such
rights are now exerciseable : |
| And whereas owing to the development of the
borough and the change in the character of the neighbourhood and other circumstances such lammas rights as may exist have ceased to be exercised in respect of the said lands : |
| And whereas it would be of public advantage that
the Corporation should be empowered to acquire the
said lands as and for a public park or recreation ground
and that the future exercise of the said lammas rights
should be extinguished as hereinafter provided : |
| And whereas it is expedient that the provisions
contained in this Act relating to the consideration or compensation (if any) to be paid in respect of the extinguishment of the said lammas rights should be
made :
| A.D. 1934. |
| And whereas it is expedient that further powers
should be conferred upon the Corporation for regulating
and managing the said lands ; |
| And whereas it is expedient that the other powers
and provisions contained in this Act should be conferred
and enacted ; |
| And whereas the objects aforesaid cannot be attained
without the authority of Parliament; |
| And whereas a plan showing the lands which the
Corporation may acquire compulsorily under the powers
of this Act and a book of reference to the said plan
containing the names of the owners or reputed owners
and of the lessees or reputed lessees and of the occupiers
of and describing the said lands have been deposited
with the clerk of the county council of the administrative
county of Essex which plan and book of reference are
in this Act respectively referred to as the deposited plan
and book of reference : |
| And whereas in relation to the promotion of the
Bill for this Act the requirements of the Borough Funds
Acts 1872 to 1903 have been observed : |
| May it therefore please Your Majesty that it may
be enacted and be it enacted by the King'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 as the Walthamstow
Corporation Act 1934.
| Short title. |
| 2. The Lands Clauses Acts (so far as the same are
applicable for the purposes and are not inconsistent
with the provisions of this Act) are hereby incorporated
with this Act with the following exception and
modification:-
| Incorporation of Lands Clauses Acts. |
| (a) Section 127 of the Lands Clauses Consolidation
Act 1845 (relating to the sale of superfluous
lands) is not incorporated with this Act ; |
| (b) The bond required by section 85 of the Lands Clauses Consolidation Act 1845 shall be under -
the corporate seal of the Corporation and shall
be sufficient without the addition of the sureties
mentioned in that section. | A.D. 1934. |
| 3. In this Act unless the subject or context otherwise requires- | Interpretation. |
| "the borough" means the borough of Walthamstow; |
| "the Corporation" means the mayor aldermen and
burgesses of the borough acting by the council
of the borough; |
| "the town clerk" means the town clerk of the
borough; |
| "the Lands Clauses Acts" means the Lands Clauses
Acts as modified by the Acquisition of Land
(Assessment of Compensation) Act 1919; |
| "the Public Health Acts" means the Public
Health Act 1875 and the Acts amending and
extending that Act; |
| "the specified lands" means the lands in the
borough which are delineated on the deposited
plan and described in the deposited book of
reference; |
| "the general rate fund" and "the general rate" mean respectively the general rate fund and
the general rate of the borough; |
| "the tribunal" means the tribunal or other
authority to whom any question of disputed
purchase money or compensation under this
Act is referred in pursuance of the Acquisition
of Land (Assessment of Compensation) Act
1919. |
| 4. Subject to the provisions of this Act the Corporation may enter upon take use and hold for the purposes
of an open space or public walks or as a public park or
pleasure ground or recreation ground the specified lands or any part or parts thereof. | Power to Corporation to acquire specified lands |
| 5.-(1) Notwithstanding anything contained in this
Act or shown on the deposited plan the Corporation may
in respect of the property in the borough numbered 9 on | Power to acquire easements in certain |
| Missing text |
| officers ?????????? and agents and all or any persons
????????????????? to any lands adjoining the said property
??????????????? or rights of way in or over the said
??????????????? are not already exerciseable and as may be
????????????? the purpose of passing and repassing thereover
with or without horses carts or other vehicles without the
corporation being required to purchase or acquire the said
property or any estate or interest therein other than such
easements or rights as aforesaid or the whole or any part
of any undertaking of which the same may form part. | A.D. 1934. |
| (2) For the purposed of this section any such easement or right shall be deemed to be lands within the
meaning of that expression in the Lands Clauses Acts. |
| 6. If there is any omission misstatement or wrong
description of any lands or of the owners lessees or
occupiers of any lands shown on the deposited plan or
specified in the deposited book of reference the Corporation after giving ten days' notice to the owners lessees
and occupiers of the lands in question may apply to two
justices having jurisdiction in the borough for the
correction thereof and if it appears to the justices that
the omission or misstatement or wrong description arose
from mistake they shall certify the same accordingly
and they shall in their certificate state the particulars
of the omission and in what respect any such matter is
misstated or wrongly described and such certificate or
a copy thereof shall be deposited with the clerk of the
Essex County Council and a duplicate thereof shall be
deposited with the town clerk and such certificate or
copy and duplicate respectively shall be kept by such
clerks respectively with the other documents to which
the same relate and thereupon the deposited plan and
book of reference shall be deemed to be corrected
according to the certificate and it shall be lawful for the
Corporation to take the lands in accordance with the
certificate. |
| Correction
of errors in
deposited
plan and
book of
reference. |
| 7. The Corporation and their surveyors officers
contractors and workmen may from time to time at all
reasonable times in the day upon giving in writing for
the first time twenty-four hours' and afterwards from
time to time twelve hours' previous notice to the
occupiers thereof enter upon the lands by this Act
authorised to be taken and used as aforesaid or any of them for the purpose of surveying and valuing the said lands without being deemed trespassers and without -
being subject or liable to any fine penalty or punishment
on account of entering or continuing upon any part of
the said lands. | A.D. 1934. |
| Power to
enter upon
property
for survey
and
valuation. |
| 8. For the purpose of determining any question of disputed compensation payable in respect of lands taken under the powers of this Act the tribunal shall not award any sum of money for or in respect of any improvement alteration or building made or for or in
respect of any interest in the land created after the
first day of November one thousand nine hundred and
thirty-three if in the opinion of the tribunal the improvement alteration or building or the creation of the interest
in respect of which the claim is made was not reasonably
necessary and was made or created with a view to
obtaining or increasing compensation under this Act. | Compensation in case of recently acquired interest |
| 9. The powers of the Corporation for the compulsory purchase of lands under the powers of this Act shall cease on the first day of October one thousand nine hundred and thirty-seven. | Limit of time for compulsory purchase of lands |
| 10. For the protection of Benjamin Cloke or other
the owner or owners for the time being of such of the
specified lands as at the date of the passing of this Act
belong to him (all of whom are in this section referred
to as "the owner") the following provisions shall unless
otherwise agreed in writing between the Corporation
and the owner have effect (that is to say):- | For protection of Benjamin Cloke. |
| (1) If the Corporation do not serve upon the owner
notice to treat in respect of the said lands of
the owner before the expiration of six months
from the passing of this Act the powers of this
Act for the compulsory purchase of those lands
shall thereupon cease and determine : |
| (2) If the Corporation serve upon the owner notice
to treat under this Act they shall include in
such notice the whole of the said lands and
such notice shall not be withdrawn. |
| 11. For the protection of the London and North
Eastern Railway Company (in this section referred to
as "the company" provisions shall unless otherwise agreed in writing between the Corporation and
the company have effect (that is to say) :- | For protection of London and North ????
A.D. 1934. |
| (1) Notwithstanding anything contained in this
Act or shown on the deposited plan the
Corporation shall not acquire the property
numbered 10 on that plan or so much of the
property numbered 2 on that plan as is vested
in the company or any easement or right in
the said property numbered 10 or the said part
of the property numbered 2 : | Eastern Railway Company |
| (2) The company shall at all times after the
Corporation shall have acquired the lands
shown on the deposited plan (other than the
property and part of a property referred to in
subsection (1) of this section) or any part of
those lands have uninterrupted access for their
officers servants and agents with or without
horses carts or other vehicles over such part of
the lands so acquired as shall be necessary for
the purpose of repairing maintaining enlarging
altering or improving their viaduct over the
river Lea and the towing path and lands
adjacent thereto or the wall which protects and
retains the bank of the said river and towing
path; |
| (3) The acquisition by the Corporation of any such
easements or rights as are referred to in the
section of this Act of which the marginal note
is "Power to acquire easements in certain
property" in respect of the property numbered
9 on the deposited plan shall not prejudice
or affect any rights of the company of entering
upon or using the said property for any such
purpose as is referred to in subsection (2) of
this section. |
| 12. For the protection of the Metropolitan Water
Board (in this section referred to as "the board") the
following provisions shall unless otherwise agreed in
writing between the Corporation and the board have effect (that is to say):- | For protection of Metropolitan Water Board. |
| Notwithstanding anything contained in this Act or
shown on the deposited plan the Corporation
shall not enter upon take or use the whole or |
| any part of so much of the property numbered 1 on the said plan as is shown by a red colour on the plan signed on behalf of the Corporation
by Francis George Garner and on behalf of the
board by Henry Francis Cronin. | A.D. 1934. |
| 13. For the protection of the Lee .Conservancy
Board (hereinafter referred to as l( the conservancy
board95) the following provisions shall unless otherwise
agreed in writing between the Corporation and the
conservancy board apply and have effect (that is to
say) :- | For protection of Lee Conservancy Board |
| (1) (a) If at any time within six months after the
acquisition by the Corporation of the specified
lands or of so much thereof as comprises the
strip of land hereinafter mentioned (of which
acquisition the Corporation shall as early as
practicable give notice in writing to the conservancy board) the conservancy board by notice
in writing to the Corporation so require the
Corporation shall sell to the conservancy board
and the conservancy board shall purchase free
from all lammas rights or other common or
commonable rights a strip of land adjoining
the eastern bank of the river Lee twenty feet
in width extending from the north-westerly point of the specified lands near to the Copper
Mill Bridge to the boundary between the borough
and the borough of Leyton or so much of such
strip as the Corporation shall have acquired
together with any part of the bed of the said
river acquired by the Corporation opposite the
said strip .or the said part thereof (as the case
may be); |
| (b) The line of the said eastern bank from
which the said width of twenty feet shall be
measured shall be such as may be agreed
between the conservancy board and the Corporation or as failing such agreement shall be
determined by an arbitrator to be appointed
(failing agreement) by the President of the
Institution of Civil Engineers on the application
of either party and subject as aforesaid the provisions of the Arbitration Act 1889 or any |
| Act amending the same shall apply to any
- such determination : | A.D. 1934. |
| (2) The consideration to be paid by the conservancy
board to the Corporation for such sale shall
be such sum as may be agreed between the
conservancy board and the Corporation or as
in default of agreement shall be determined
in accordance with the provisions of the Lands
Clauses Acts with respect to the purchase and
taking of lands otherwise than by agreement: |
| (3) The conservancy board shall not except with
the consent in writing of the Corporation erect
any wall fence hedge or other structure between
the said strip of land and the remainder of the
specified lands so long as such remainder shall
be held by the Corporation and used by them
for the purposes mentioned in the section of
this Act of which the marginal note is "Power
to Corporation to acquire specified lands." |
| 14. For the protection of the Lee Conservancy
Catchment Board (hereinafter referred to as "the
catchment board") the following provisions shall unless otherwise agreed in writing between the Corporation and the catchment board apply and have effect (that
is to say):- | For protection of Lee Catchment Board. |
| (1) If at any time within six months after the
acquisition by the Corporation of the specified
lands or of so much thereof as comprises the
strip of land hereinafter mentioned (of which
acquisition the Corporation shall as early as
practicable give notice in writing to the catchment board) the catchment board by notice
in writing to the Corporation so require the
Corporation shall sell and the catchment board
shall purchase free from all lammas rights or
other common or commonable rights a strip of
land ten feet in width abutting on and measured
from the top edge of the bank of so much of
the Blackmarsh sewer as adjoins the specified
lands or so much of such strip as the Corporation
shall have acquired : |
| (2) The consideration to be paid by the catchment
board for such sale shall be such sum as may be |
| agreed between the catchment board and the
Corporation or as in default of agreement shall be determined in accordance with the provisions
of the Lands Clauses Acts with respect to the
purchase and taking of lands otherwise than
by agreement : | A.D. 1934. |
| (3) (a) Any fence which the catchment board may
at any time after the acquisition by them of
the said strip of land erect between the said
strip and the remainder of the specified lands
shall be of such height character and design as
shall be reasonably approved by the Corporation
and shall at all times after such erection be
maintained by the catchment board to the
reasonable satisfaction of the Corporation ; |
| (b) Any difference between the catchment
board and the Corporation under this subsection
shall be referred to and determined by an
arbitrator to be agreed upon between, them or
in default of agreement to be appointed upon
the application of either of them after notice
in writing to the other of them by the President
of the Chartered Surveyors' Institution and
subject as aforesaid the provisions of the
Arbitration Act 1889 or any Act amending the
same shall apply to any such reference and
determination. |
| 15. Except as expressly provided by the sections of this Act of which the marginal notes are respectively "For protection of Lee Conservancy Board" and "For protection of Lee Conservancy Catchment Board " nothing contained in this Act shall prejudice or affect the powers rights and interests of the Lee Conservancy
Board or the Lee Conservancy Catchment Board. | Saving for Lee Conservancy Board and Lee Conservancy Catchment Board. |
| 16.-(1) All private rights of way over any lands
which the Corporation are authorised by this Act to acquire compulsorily shall as from the date of the acquisition of such lands by the Corporation be
extinguished. | Extinction of private rights of way |
| (2) Provided that the Corporation shall make full
compensation to all persons interested in respect of any manner provided by the Lands Clauses Acts with
- reference to the taking of lands otherwise than by
agreement, | A.D. 1934. |
| 17.-(1) As from the date of the acquisition by
the Corporation of the specified lands or any part thereof all lammas rights or other common or commonable rights (if any) over the specified lands or such
part thereof (which rights are in this section referred
to as "the said rights ") shall by virtue of this Act be
extinguished. | Extinction of lammas rights &c. |
| (2) The Corporation shall within three months after
the date of the passing of this Act convene in manner
prescribed by section 102 of the Lands Clauses Consolidation Act 1845 a meeting of the persons entitled to
exercise the said rights. |
| (3) If at such meeting the persons entitled to
exercise the said rights so decide or if no person so
entitled shall attend such meeting then and in either
such case the consideration for the extinction of the
said rights shall be the appropriation (subject to the
provisions of this Act) of the specified lands for the
purposes of a public open space or public park pleasure
ground or recreation ground and notwithstanding
anything contained in any other Act or otherwise to
the contrary no compensation shall be paid by the
Corporation in respect of the extinction of the said
rights: |
| (4) If at such meeting the persons entitled to
exercise the said rights shall decide otherwise than as
mentioned in subsection (3) of this section they may
appoint a committee in accordance with section 103
of the Lands Clauses Consolidation Act 1845 and the
provisions of sections 104 to 107 of the said Act shall
apply with reference to the compensation to be paid
by the Corporation for the extinction of the said rights
Provided that for the purposes of the said provisions
the meeting convened pursuant to subsection (2) of this
section shall be deemed to have been convened in pursuance of section 102 of the Lands Clauses Consolidation Act 1845 and it shall not be necessary for the Corporation to convene a second or subsequent meeting of the persons entitled to the said rights. |
| 18.-(1) Subject to the provisions hereinafter contained the specified lands shall as from the date of the | A.D. 1934 |
| acquisition thereof by the Corporation be deemed to
be public walks or public parks or pleasure grounds provided by the Corporation within the meaning of
the Public Health Acts and the Corporation may
exercise with respect to the specified lands the powers
exerciseable by urban authorities under the Public
Health Acts with reference to public walks public parks
or pleasure grounds. | Powers of Corporation with respect to specified lands. |
| (2) The Corporation may by resolution appropriate
or dedicate any part or parts of the specified lands
for the purpose of the construction of new streets or
highways or the widening or improvement of existing
streets or highways. |
| (3) The Corporation if they consider such an arrangement is desirable in consequence of changes in the
character of the specified lands may enclose the whole
or any part thereof in order to promote the use thereof
for public resort and recreation. |
| (4) The Corporation subject to such conditions as
the Corporation may think fit may exchange any part
of the specified lands for other lands within or in the
neighbourhood of the borough or sell any parts of the
specified lands which are not in the opinion of the
Corporation of substantial use for public resort and
recreation and any conveyance from the Corporation
expressed to be made in pursuance of this section shall
operate as a valid conveyance of the land conveyed
and any lands received by the Corporation by way of
exchange shall be subject in all respects to the provisions
of this Act as if they were part of the specified lands. |
| (5) The Corporation may from time to time let any
rights of grazing in any part of the specified lands
subject to such regulations as they may think necessary
to prevent the exercise of such rights in any way
interfering with the use of the specified lands for the
purposes for which they are authorised to be acquired
by the Corporation under this Act. |
| (6) No part of the specified lands shall be exchanged
sold or alienated or used by the Corporation for any
other purposes than public walks parks or pleasure |
| grounds without the sanction of the Minister of Agriculture and Fisheries. | A.D. 1934. |
| 19. The powers of the Corporation of making
byelaws under section 164 of the Public Health Act 1875
shall extend to enable the Corporation to make byelaws
for preventing persons from turning out or permitting
horses asses cattle sheep or other animals to graze or
feed upon the specified lands and for removing therefrom
any horses asses cattle sheep or other animals so turned
out or permitted to graze or feed. | As to powers of
making byelaws. |
| 20.-(1) The Corporation shall have power in
addition and without prejudice to their powers of
borrowing under the Local Government Act 1933 from
time to time to borrow without the consent of any
sanctioning authority for and in connection with the
purposes mentioned in the first column of the following
table the respective sums mentioned in the second
column of that table and they shall pay off all moneys
so borrowed within the respective periods mentioned in
the third column of the said table (namely) :- | Power to
borrow |
| 1 | 2 | 3 |
| Purpose. | Amount. | Period for repayment. |
| (1) For the acquisition of the specified lands and the extinction of lammas rights. | £ 10,000 | Sixty years from the date or respective dates of borrowing. |
| (2) For paying the costs charges and expenses of obtaining this Act as hereinafter defined. | The sum requisite. | Five years from the passing of this Act. | |
| (2) The provisions of Part IX (Borrowing) of the
Local Government Act 1933 so far as they are not
inconsistent with this Act shall extend and apply to
the borrowing of money under this section and to money
so borrowed as if it were borrowed under the said
Part IX and the period fixed for the repayment of any
money borrowed under this section shall as respects
that money be the fixed period for the purposes of the
said Part IX: |
| 21. As respects byelaws made under this Act the
confirming authority for the purposes of section 250 | Byelaws |
| of the Local Government Act 1933 shall be the Minister of Health. | A.D. 1934. |
| 22. All powers rights and remedies given to the
Corporation by this Act shall be deemed to be in addition and not in substitution for or in derogation of any other powers rights and remedies conferred on them or
on any committee appointed by them by Act of
Parliament law or custom and the Corporation or such
committee as the case may be may exercise such other
powers and shall be entitled to such other rights and
remedies as if this Act had not been passed. | Powers of Act cumulative |
| 23. The Minister of Health may hold such inquiries
as he may consider necessary in regard to the exercise
of any powers conferred upon him or the giving of consents under this Act and section 290 of the Local Government Act 1933 shall apply accordingly. | Inquiries by Minister of |
| 24: All costs charges and expenses of and incidental
to the preparing applying for obtaining and passing of
this Act or otherwise in relation thereto as taxed by the
taxing officer of the House of Lords or of the House of
Commons shall be paid by the Corporation out of the
general rate fund and the general rate or out of moneys
to be borrowed for that purpose under this Act. | Costs of Act. |
| Printed by EYRE AND SPOTTISWOODE LIMITED |
