In 1884 a Committee of the House of Commons sat to inquire into the best method of preserving public rights and those of riparians on the Thames. The latter had developed so much pleasure traffic during the last quarter of a century that some ‘highway’ legislation on the subject became imperative. An Act for regulating steam-launch traffic on the Thames had been passed in 1883. The report of the Committee produced the following Act, which should be read by all who intend to navigate the Thames for pleasure.
Draft by-laws, to carry out the provisions of this Act in detail, have twice been propounded by the Thames Conservancy during 1886, and a third code was drafted early in 1887, but the first two editions provoked so much hostile criticism that the Conservancy withdrew them; and, up to the date of going to press, the third edition of proposed by-laws, which still seems too objectionable in many details, has not received the sanction of the Board of Trade, which is necessary before the code can become law.
THAMES PRESERVATION ACT, 1885.
48 & 49 Vict. cap. 76.
An Act for the preservation of the River Thames above Teddington Lock for purposes of public recreation, and for regulating the pleasure traffic thereon. [August 14, 1885.]
Whereas the River Thames is a navigable highway; and whereas, by reason of the increase of population in London and other places near the said river, it has come to be largely used as a place of public recreation and resort, and it is expedient that provision should be made for regulating the different kinds of traffic in the said river between the town of Cricklade and Teddington Lock, and upon the banks thereof within the limits aforesaid, and for the keeping of public order and the prevention of nuisances, to the intent that the said river should be preserved as a place of regulated public recreation;
Be it therefore 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, as follows:
Part I.—Navigation.
1. Public right of navigation.—It shall be lawful for all persons, whether for pleasure or profit, to go and be, pass and repass, in boats or vessels over or upon any and every part of the River Thames, through which Thames water flows, between the town of Cricklade and Teddington Lock, including all such backwaters, creeks, side-channels, bays and inlets connected therewith as form parts of the said river within the limits aforesaid.
2. Private artificial cuts not to be deemed parts of the river.—All private artificial cuts for purposes of drainage or irrigation, and all artificial inlets for moats, boathouses, ponds, or other like private purposes, already made or hereafter to be made, and all channels which by virtue of any conveyance from or agreement with the Conservators, or the Commissioners acting under any of the Acts mentioned in the First Schedule to this Act, or by any lawful title have been enjoyed as private channels for the period of twenty years before the passing of this Act, shall be deemed not to be parts of the said river for the purposes of the last preceding section, or any provisions consequent thereon.