An Act of Parliament of the 9 and 10 W 3 gave to certain undertakers authority to make navigable the river Aire, and for that purpose to cleanse and scour the same, arid dig and cut the banks. By a subsequent Act, reciting that the legal estate and interest in the navigation of the said river and divers messuages, mills, warehouses, buildings, lands, tenements, and hereditaments, was vested in trustees, they were authorised by deed to sell and conveyin fee such messuages, mills, lands, or tenements belonging to the undertakers, or to convey in fee, by way of mortgage, as well the said navigation, as also all or any messuages, mills, lands, tenements, and hereditaments, being the property of the undertakers: Held, that the word ‘navigation’ in that Act imported an incorporeal hereditament ; and that it authorised the trustees to mortgage in fee that incorporeal hereditament ; and the first Act having given the undertakers an incorporeal hereditament only in the bed of the river, they were not rateable to the poor as occupiers or owners of the river Aire.
Citations:
[1829] EngR 231, (1829) 9 B and C 820, (1829) 109 ER 305
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Updated: 11 May 2022; Ref: scu.322099
