52 GEO. III, Cap. lxxii.

An Act for enlarging the term and powers of two Acts of His present Majesty for amending certain Mileways leading to Oxford, and making improvements in the University and City of Oxford, the Suburbs thereof, and adjoining Parish of Saint Clement, and for other Purposes.

[The whole of this Act related to the Commissioners of the Streets, enlarging in some respects the powers given to them by 11 Geo. III, c. 19, and 21 Geo. III, c. 47, and extending their term for taking Tolls. Those sections of it which are still in force are now so near expiring that it does not seem worth while to print any of them here.]

52 GEO. III, Cap. cxli.

An Act for making and maintaining a Navigable Canal, with Aqueducts, Feeders, and Reservoirs, from the Stort Navigation at or near Bishop's Stortford in the County of Hertford to join the River Cam near Clay-hithe Sluice in the County of Cambridge, with a Navigable Branch or Cut from the said Canal at Sawston to Whaddon in the County of Cambridge.

43. And whereas there is in the Town of Cambridge a For procertain Conduit called Hobson's Conduit, which is vested in tecting Hobson's trustees or feoffees for the benefit of the inhabitants of the Conduit. said Town, and of the Masters, Fellows, and Scholars of the several Colleges of Christ and Emanuel in the University of Cambridge, and other persons; and whereas the said Conduit is supplied with water from certain springs and watercourses in the vicinity of the said Town, near to which the

line of the intended Canal is proposed to be carried, and, a plentiful supply of pure and wholesome water being essential to the health and comfort of the said inhabitants, Masters, Fellows, and Scholars, it is just and reasonable that the said Company of Proprietors be prohibited from using, diverting, intercepting, or injuring any of the springs, waters, or watercourses from whence the said Conduit is supplied with water: be it therefore enacted, that nothing in this Act contained shall authorize or empower the said Company of Proprietors, or any of their servants, agents, or workmen, to take, use, injure, or diminish, or cause or suffer to be taken, used, injured, or diminished, any of the springs of water, waters, rivers, or brooks by or from which the Conduit in the Town of Cambridge called Hobson's Conduit now is or usually hath been supplied with water, or to divert, intercept, alter, obstruct, or diminish, or cause or suffer to be diverted, intercepted, altered, obstructed, or diminished, any stream, watercourse, or channel along or through which the water for supplying the said Conduit is or would otherwise be carried or conveyed; and that the said Company of Proprietors shall and they are hereby required, at their own proper costs and charges, as soon as the said Canal shall be cut, at all times thereafter to lay, make, construct, and form, and to maintain and keep in good repair, in all places where it may be requisite to prevent the intended Canal from intercepting or intersecting any such stream, watercourse, or channel, proper soughs, tunnels, arches, or pipes, of sufficient size and dimensions, in order that the waters for supplying the said Conduit may flow, undiminished and without any adulteration or injury, in their present courses and channels, to the said Conduit called Hobson's Conduit; and that if at any time the said Company of Proprietors, their servants, agents, or workmen, shall take, use, injure, or diminish, divert, intercept, alter, or obstruct, or cause or suffer to be taken, used, injured, diminished, diverted, intercepted, altered, or obstructed, any of such springs of water, waters, rivulets, brooks, streams, or watercourses, or shall neglect so to lay, make, construct, or form, or to maintain and keep in repair any such sough, tunnel, arch, or pipe, as herein-before directed to be laid, made, maintained, or kept in repair, the said Company of

Proprietors shall in every case forfeit the sum of ten thousand pounds to the Feoffees or Trustees of the said Conduit called Hobson's Conduit, and the Masters, Fellows, and Scholars of the said two Colleges, to be paid out of the monies to be raised, received, or collected by virtue of this Act, and to be recovered from the said Company of Proprietors by any three or more of the said Feoffees or Trustees, Masters, Fellows, and Scholars, by action of debt in any of His Majesty's Courts of Record at Westminster, in which no essoign, protection, or wager of law, or more than one imparlance shall be allowed; and every such penalty, when recovered, shall be applied for the purposes and benefit of the said trust.

Hobson's

44. And be it further enacted, that if the wells, streams, For restoring watercourses, or channels by means or from which the said Streams Conduit called Hobson's Conduit is now supplied with water supplying shall at any time or times be used, diverted, injured, ob- Conduit. structed, intercepted, or intersected by any works executed or to be executed by or by the direction or authority of the said Company of Proprietors, and they or their Clerk or Treasurer shall have received notice in writing under the hands of three or more of the Feoffees or Trustees of the said Conduit called Hobson's Conduit, or of the said Masters, Fellows, and Scholars of the said two Colleges, to remove or alter any such works so using, diverting, injuring, obstructing, intercepting, or intersecting such waters, streams, watercourses, or channels, and shall for the space of six days after such notice neglect to remove or alter such works, it shall be lawful for any person and persons having the order and direction in writing of any three or more of such Feoffees or Trustees, Masters, Fellows, and Scholars, at the costs and expences of the said Company of Proprietors, to remove, take away, and destroy any such work so using, diverting, injuring, obstructing, intercepting, or intersecting the said waters, streams, watercourses, or channels, and to do all further and requisite acts and deeds which may be necessary to restore and retain the said streams, waters, and watercourses in all respects to and in the usual and accustomed course and channel, without becoming subject or liable to any suit, action, prosecution, fine, penalty, or other proceedings on account thereof, any thing in this Act contained to the con

The River
Cam.

trary thereof in anywise notwithstanding; and this Act shall be a sufficient authority for an indemnity to all persons so acting under such order and direction as aforesaid; and it shall and may be lawful for any Justice of the Peace for the County of Cambridge, (not interested in the premises,) to ascertain and settle such last-mentioned costs and expences; and such costs and expences, when so ascertained, shall and may be levied by distress and sale of the goods and chattels of the said Company of Proprietors, by virtue of a warrant under the hand and seal of any Justice of the Peace for the county, town, or place in which any of the goods and chattels of the said Company of Proprietors can or may be found, (and which warrant such Justice is hereby empowered and required to grant,) rendering the overplus (if any), after deducting the expences of such distress and sale, on demand to the Clerk or Treasurer to the said Company of Proprietors; and it shall and may also be lawful to and for such Justice of the Peace to ascertain and settle the compensation to be made to the owners and occupiers of any lands so entered upon for the purpose aforesaid, for any injury sustained by such owners and occupiers by reason or means of such entry; and the same, when so ascertained, shall and may be levied by distress and sale of the goods and chattels of the said Company of Proprietors, in like manner as the said costs and expences last-mentioned.

f

[Section 54 enacts, that if after the opening of the London and Cambridge Junction Canal the tolls of the River Cam shall in any year fall short of the sum of 1032l. 08. 61d., being the annual amount of them upon an average of eight years last past, the Canal Company shall make good the deficiency.

[Section 55 empowers the Canal Company to cleanse the River Cam from Clayhithe Ferry to the Queen's Mill with consent of the Conservators of the River.

[Section 56 saves all rights of the Conservators of the Cam.]

See 14 & 15 Vict. c. xcii.

55 GEO. III, Cap. CXLVII.

An Act for enabling Spiritual Persons to exchange the Parsonage or Glebe Houses or Glebe Lands belonging to their Benefices for others of greater Value or more conveniently situated for their residence and occupation, and for annexing such Houses and Lands, so taken in exchange, to such Benefices as Parsonage or Glebe Houses and Glebe Lands, and for purchasing and annexing Lands to become Glebe in certain cases, and for other purposes.

[This Act, among other things, enables Incumbents in some cases to borrow money in order to purchase additional glebe land, and to mortgage their tithes &c. for twenty five years as a security.]

any Sum

without

9. And be it further enacted, that it shall and may be Colleges lawful for any College or Hall within the Universities of may lend Oxford or Cambridge, or for any other corporate bodies, with or being owners of the patronage of ecclesiastical livings or Interest. benefices, to advance and lend any sum or sums of money of which they have the power to dispose, for the convenience of the Parson, Vicar, or other Incumbent for the time being of any benefice, perpetual curacy, or parochial chapelry within the patronage of such College or Hall, upon mortgage as herein-before directed, either upon interest or without any interest.