Huddersfield Corporation Act of 1897 by Huddersfield Corporation

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lil

SECTION

Part &c.

As to the erection of temporary buildings - - 31 Power to sell materials of temporary buildings - 32 Saving for Crown buildings - - - 33 Part Interpretation of ‘‘ statutory security ”’ - - 34 Power to

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AN ACT

To enable the Mayor Aldermen and Burgesses of the. County Borough of Huddersfield to work their Tramways to construct Street and Road Improvements and to make further Provision for the good Government of the Borough and

for other purposes.

[ROYAL ASSENT

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2 The Huddersfield Corporation Act 1897.

And whereas the Corporation under the powers of the Act of 1880 the Act of 1882 and the Act of 1890 have constructed various

tramways in the Borough :

And whereas it was by the Act of 1882 provided that if the Corporation were unable to demise their authorised tramways upon 5 such terms as would in the opinion of the Board of Trade yield an adequate rent therefor the Board of Trade might grant the Cor- poration license to work the said Tramways whereupon the Corporation might provide the plant requisite for the purpose :

And whereas the Corporation having been so unable the 10 Board of Trade granted the Corporation a license for the working of the said tramways and the Corporation are now working the same with advantage to the inhabitants of the Borough and it is expedient that the before-mentioned condition and restriction on the grant of such license should be removed and that the pro- 15 visions as to the working of the tramways of the Corporation should be altered and enlarged :

And whereas it is expedient that the Corporation be authorised to make the _ street improvements hereinafter described : I 20

And whereas the Corporation are the owners of the under- taking whereby the Borough is supplied with gas and have for many years past been manufacturing gas and the residual products arising from such manufacture on lands described in Part II. of the First Schedule to this Act but it is doubtful whether such 25 user of those lands has been sanctioned by Parliament and it is expedient that such user should be confirmed :

And whereas it is expedient that the other provisions in this Act contained for the good government and improvement of the Borough should be made : 30.

And whereas it is expedient that further borrowing and other powers be conferred upon the Corporation and that they be empowered to lend moneys to the Huddersfield School Board and the Guardians of the Poor of the Huddersfield Union :

And whereas by the Act of 1882 the Corporation were 35 empowered to exercise their statutory borrowing powers for the

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The Huddersfield Corporation Act 1897. 8

time being by means of the creation and issue of Corporation stock :

And whereas the objects aforesaid cannot be effected without the authority of Parliament :

5 And whereas estimates have been prepared by the Corporation for the purchase of land and for the execution of the various works by this Act authorised and such estimates are as follows:

For street improvement purposes eighteen thousand one hundred and twenty-eight pounds ;

10 For the acquisition of lands for sanitary purposes sixteen thousand five hundred and sixteen pounds ;

And whereas the several works included in such estimates respectively are permanent works within the meaning of the two hundred and thirty-fourth section of the Public Health Act 15 1875:

And whereas the Corporation have unexercised borrowing powers not required for the purposes for which the same were granted and available for the purposes of this Act :

And whereas an absolute majority of the whole number of 20 the Council at a meeting held on the fifteenth day of December one thousand eight hundred and ninety-six after ten clear days’ notice by public advertisement of such meeting and of the purpose thereof in the Huddersfield Daily Examiner a newspaper published and circulating in the Borough (such notice being in addition to the 25 ordinary notices required for summoning such meeting) resolved that the expense in relation to promoting the Bill for this Act should be charged on the Borough Fund and Borough Rate of the

Borough :

And whereas such resolution was published twice in the said 30 newspaper and has received the approval of the Local Government

Board :

And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole

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Short title.

Act divided into parts.

4 The Huddersfield Corporation Act 1897.

number of the Council at a further special meeting held in pur- suance of a similar notice on the twentieth day of January one thousand eight hundred and ninety-seven being not less than fourteen days after the deposit of the Bill in Parliament :

And whereas the owners and ratepayers of the Borough by 5 resolution in the manner provided in the Third Schedule of the Public Health Act 1875 consented to the promotion of the Bill for this Act:

And whereas plans and sections showing the lines situation and levels of the works by this Act authorised and plans showing 10 the lands which may be acquired under the powers of this Act and a book of reference to those plans containing the names of the owners or reputed owners lessees or reputed lessees and of the occupiers of and describing such lands have been deposited with the Clerk of the Peace for the West Riding of the 15 County of York and are in this Act referred to as the deposited plans sections and book of reference:

MAY IT THEREFORE PLEASE YOUR MAJESTY

That it may be Enacted and be it Enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the 20 Lords Spiritual and Temporal and Commons in this present Parlia- ment assembled and by the authority of the same as follows (that is to say)

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The Huddersfield Corporation Act 1897. 5

Part VI.—Recreation Grounds ; Part VII.—Buildings &c. ; Part VIII.—Finance; Part [X.—Miscellaneous.

5 3. The following Acts and parts of Acts (that is to say) :— The Lands Clauses Acts ;

Section 3 (Interpretation of terms) Section 19 (Local authority may lease or take tolls) and Parts II. and III. of The Tramways Act 1870; and

10 The Gasworks Clauses Act 1847 ;

as far as they are applicable for the purposes of and not varied by or inconsistent with this Act are hereby incorporated with and form part of this Act and the Gasworks Clauses Act 1871 shall subject to the provisions of this Act apply to the Undertaking of 15 the Corporation as if the same had been authorised by this Act.

this Act unless the subject, or context otherwise require— Terms to which meanings are assigned by Acts wholly or partially incorporated with this Act or which have therein special 20 meanings have in this Act and for the purposes of this Act the same respective meanings ;

‘‘The

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Limits of Act.

Act to be executed by Council.

The Huddersfield Corporation Act 1897.

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The Huddersfield Corporation Act 1897. 7

Part

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Regulations as to the use of electric power.

8 The Huddersfield Corporation Act 1697.

for the time being belonging to and worked by the Corporation be made by the Corporation alone.

(4) Subject as aforesaid the provisions for the time being in force with respect to the working of the said tramways

and the taking of tolls rates and charges therefor shall extend 5

and apply to the tramways for the time being so worked by the Corporation and to the Corporation in relation thereto.

(5) Nothing in this section shall empower the Corporation to construct any station for generating electric power nor to create or permit a nuisance.

8. The following provisions shall apply to the use of electric power under this Act unless such power is entirely contained in and carried along with the carriages

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The Huddersfield Corporution Act 1897. 9

ten pounds and also in the case of a continuing offence to a further penalty not exceeding five pounds for every day during which such offence continues after conviction thereof Provided always that whether such penalty has been recovered or not the Board of Trade if in their opinion the Corporation in the use of electric power under the authority of this Act have made default in complying with the provisions of this Act or with any of the Board of Trade regulations may by Order direct the Corporation to cease to use electric power and thereupon the Corporation shall cease to use electric power and shall not again use the same unless with the authority of the Board of Trade and in every such case the Board of Trade shall make a special report to Parliament notifying the making of such Order ;

(5) The Corporation shall take all reasonable and proper precautions in constructing placing and maintaining their electric lines circuits and other works of any description and in using their electric lines circuits and other works so as not injuriously to interfere with the working of any wire line or apparatus from time to time used for the purpose of transmitting electric power or for telegrapbic telephonic or electric signalling com- munication or the currents in such wire line or apparatus Provided always that the Corporation shall be deemed to take all such reasonable and proper precautions as aforesaid if and so long as they adopt and employ at the option of the Corporation either such insulated returns or such uninsulated metallic returns of low resistance and such other means of preventing injurious inter- ference with the electric wires lines and apparatus of other parties and the currents therein as the Board of ‘Trade shall direct and in giving such directions the Board shall have regard to the expense involved and to the effect thereof upon the commercial prospects of the Undertaking Provided also that at the expiration of two years from the passing of this Act nothing in this sub-section shall operate to give any right of action in respect of or to protect any electric wires lines or apparatus or the currents therein unless in the construction erection maintaining and working of such wires lines and apparatus all reasonable and proper precautions including the use of an insulated return have been taken to prevent injurious interference therewith and with the currents therein by or from

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For the protection of the Postmaster- General.

10 The Huddersfield Corporation Act 1897.

other electric currents If any difference arises between the Corporation and any other party with respect to anything in this sub-section contained such difference shall unless the parties otherwise agree be determined by the Board of Trade or at the option of the Board by an arbitrator to be appointed by

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The Huddersfield Corporation Act 1897. 11

on each side of such point) the Corporation or their agents not more than twenty-eight nor less than fourteen days before commencing the work shall give written notice to the Post-

master-General specifying the course of the line and the nature

of the work including the gauge of any wire and the Corporation and their agents shall conform with such reasonable requirements (either general or special) as may from time to time be made by the Postmaster-General for the purpose of preventing any tele- graphic line of the Postmaster-General from being injuriously affected by the said act or work.

(B) Any difference which arises between the Postmaster-

.General and the Corporation or their agents with respect to

any requirements so made shall be determined by arbitration :

(4) In the event of any contravention of or wilful non- compliance with this section by the Corporation or their agents the Corporation shall be liable to a fine not exceeding ten pounds for every day during which such contravention or non- compliance continues or if the telegraphic communication is wilfully interrupted not exceeding fifty pounds for every day on which such interruption continues ;

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For protection of the London and North Western Railway Company.

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The Huddersfield Corporation Act 1897.

(7) For the purposes of this section and subject as therein provided Sections 2 8 9 10 11 and 12 of the Telegraph Act 1878 shall be deemed to be incorporated with this Act as if the Corporation were undertakers within the meaning of those sections without prejudice nevertheless to any operation which 5 the other sections of the said Act would have had if this section had not been enacted and in particular nothing in this section shall be deemed to exclude the provisions of Section 7 of the Telegraph Act 1878 in relation to the matters mentioned in that section. LO

(8) The expression “electric line” has the same meaning in this section as in the Electric Lighting Act 1882.

(9)

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The Huddersfield Corporation Act 1897. 13

visions shall be in force and have effect and be binding upon the Corporation and their successors and assigns :

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(a) The Corporation shall not in any way alter or interfere

with the structure of any such tunnel or bridge or of the

approaches thereto and they shall so construct lay and maintain such cables and apparatus over such tunnel or bridge and the approaches thereto as not injuriously to affect the same ;

(B) In the event of any injury being caused to any such tunnel bridge or approaches by the construction maintenance laying repairing user or removal of such cables and apparatus the Railway Company may at the expense of the Corporation restore such tunnel bridge or approaches or the part or parts thereof which may be so injured to as good a state and condition as they were in before such injury was occasioned and the Corporation shall indemnify the Railway Company against all sums costs and expenses which they may pay or be put to in repairing and maintaining so much of the road over such tunnel bridge and approaches as the Corporation are liable to maintain and repair under Section 28 of the Tramways Act 1870 and the Railway Company may recover from the Corporation all such sums costs and expenses with full costs and charges by all and the same means as any simple contract debt of like amount is recoverable ;

(c) All works which may be necessary in constructing laying and maintaining any of the said cables or apparatus over any railway tunnel bridge works or other property of the Railway Company shall be constructed and maintained in all things at tbe expense of the Corporation and to the reasonable satisfaction of the principal engineer of the Railway Company or in case of difference of an engineer to be appointed by the Board of Trade on the application of the Railway Company or the Corporation ;

(D) Nothing contained in this Act shall prejudice lessen take away or interfere with the lands property rights powers and privileges of the Railway Company otherwise than is by this Act expressly provided.

7 D

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Power to construct additional gas works

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The Huddersfield Corporation Act 1897. 15

occupiers of every dwelling house within three hundred yards of the land intended to be used for such storage.

13. Every person intending to lay down or fix any pipes or other fittings for the distribution or supply of gas by the Corpora- 5 tion in any new building within the limits for the supply of gas by the Corporation and which are intended to be covered over shall before such pipes or fittings be covered over give to the Corporation twenty-four hours’ notice in writing specifying the situation of such building and any officer of the Corporation duly appointed 10 for that purpose may before the expiration of such notice enter such building between the hours of ten in the forenoon and four in the afternoon and inspect such pipes and fittings and may by order in writing prohibit any such as by reason of improper arrangement inferior workmanship or insufficiency in size or 15 material will in the opinion of such officer be dangerous by allowing the escape of gas or be insufficient to ensure a satisfactory supply of gas to such building and if any person shall fail to give such notice as aforesaid or shall refuse entry to such officer into such building within the time and for the purpose aforesaid or 20 shall prevent him from making such inspection or shall not to the reasonable satisfaction of such officer make such alteration in the pipes and fittings as he may reasonably require the Corporation shall not be bound to furnish to such person a supply of gas for such house building or premises Provided that any person 25 deeming himself aggrieved by any order made under this Section may appeal to two Justices sitting in Petty Sessions within seven days after the date of the said order. Notice of the provisions of this Section shall be given by advertisement published three times in each of three newspapers published in the Borough.

30 14. The testing place prescribed by Section 28 of the Act of 1876 may be removed by the Corporation from its present position in Leeds Road to the position shewn ona plan of the gas works of the Corporation signed in duplicate by the Right Honourable the Earl of Morley the Chairman of Committees of the House of 35 Lords One copy of the said plan shall be deposited in the Parliament Office and the other copy shall be kept at the Town Hall of the Borough and shall be open at all reasonable

Power to inspect gas fittings in new buildings.

Alteration of testing place for gas.

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Power to make street improve- ments.

16 The Huddersfield Corporation Act 1897.

hours to the inspection of any person supplied with gas by the Corporation.

Part

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of its junction with Kingcliffe Road and terminating in King- cliffe Road about twenty yards north-west of the north-west side of Beacon Street.

Work No. 5.—The widening and improving of West Street (Lindley) on the south side thereof wholly in the said township of Lindley-cum-Quarmby commencing at a point on the east side of Dearne Fold about one-and-a-half yards south of its junction with West Street and terminating in West Street at a point about twenty-nine vards west of the west side of Thornhill Street.

Work No. 6—The widening and improving of Plover Road on the south side thereof wholly in the said Township of Lindley- cum-Quarmby commencing at a point about forty-one yards east of its junction with New Hey Road and terminating in Wellington Street at a point about seven-and-a-half yards south of the junction of that street with Plover Road.

Work No. 7—A new street or road in continuation of William Street South wholly in the township and parish of Huddersfield commencing by a junction with Union Street and terminating by a junction with Back Union Street.

Work No. 8.—A new street or road in continuation of Great Northern Street wholly in the said township and parish of Huddersfield commencing by a junction with Union Street opposite the north end of Hawk Street and terminating by a junction with Back Union Street.

Work No. 9.—The improving of Somerset Road wholly in the township and parish of Almondbury by the removing of so much of the Graybottom Dyeworks as projects into the said road.

Work No. 10.—The widening of Saint Thomas’ Road at its east end and on both sides thereof wholly in the township of Lockwood in the parish of Almondbury commencing at the junction of Hope Street with Saint Thomas’ Road and termi- nating on the north side at a point about seven yards north-east of its junction with Lockwood Road and on the south side at a point about four yards south-west of its junction with the said road.

Work No. 11.—The widening and improving of Vicarage 7 E

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New streets to be fenced.

Buildings partly demolished &c. not to be left unsightly.

Extension of certain powers of former Acts to street improve- ments,

18 The Huddersfield Corporation Act 1897.

Road on the south-west side thereof wholly in the township of Longwood in the parish of Huddersfield commencing at a point about sixty-two yards south-east of its junction with Thornhill Road and terminating at a point about eight yards west of its junction with Cliff Lane. 5.

Work. No. 12.—The widening and improving of Longwood Road on the north side thereof wholly in the

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The Huddersfield Corporation Act 1897. 19

Section 85 (Power to make minor works connected with new streets &c.) ;

Section 86 (Alterations of sewers gas and water pipes) ;

Section 88 (Agreements with Sir John Ramsden for streets) ; 5 and

Section 96 (Power to deviate from levels &c.).

And of the Act of 1876—

Section 26 (Elevation of buildings fronting streets to be as Corporation approve) ;

10 shall (except as hereinafter provided) extend and apply mutatis mutandis to and in relation to the Street Improvements and Works by this Act authorised.

Provided that the Corporation shall not raise sink or otherwise alter the position of any pipe tube wire or other apparatus laid 15 down for telegraphic or other purposes and belonging to or used by Her Majesty’s Postmaster-General except in accordance with and subject to the provisions of the Telegraph Act 1878.

19. If the works shown on the deposited plans and autho- rised by this Part of this Act be not completed within seven years 20 from the passing of this Act then on the expiration of that period the powers by this Part of this Act granted to the Corporation for executing the same or otherwise in relation thereto shall cease to be exercised except as to so much thereof as is then completed.

Part V.—LANDS.

25 20. Subject to the provisions of this Act the Corporation may enter upon take use and hold all or any part of the lands delineated on the deposited plans and described in the deposited book of reference and may hold such of them as the Corporation have already acquired and may use for sanitary purposes such 30 of those lands. as are described in the Second Schedule to this

Time for completing works.

Power to Corpora- tion to take lands.

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Provisions as to lands “ A” and

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The Huddersfield Corporation Act 1897. 21

and book of reference be discovered the following provisions shall have effect (that is to say) :— The Corporation after giving ten days’ notice in writing to the owners lessees and occupiers of the lands in question may apply 5 to two Justices acting for the said West Riding for the correction thereof.

If it appears to such Justices that the omission mis-statement or wrong description arose from mistake they shall certify the same accordingly and they shall in their certificate state the 10

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Limitation of time for compulsory purchase of lands.

Power to acquire additional lands by agreement.

Consideration for such acquisition.

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situate westward of the eastern side of the intended Street No. 1 shown on the signed plan and shall before commencing to use any portion of the site

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The Huddersfield Corporation Act 1897. 23

27. (1) The Corporation shall not under the powers of this Act purchase or acquire ten or more houses which on the fifteenth day of December last were or have been since that day or shall hereafter be occupied either wholly or partially by persons 5 belonging to the labouring class as tenants or lodgers unless and untiu— I

(a) They shall have obtained the approval of the Local Government Board to a scheme for providing new dwellings for such number of persons as were residing in such houses on the 10

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24 The Huddersfield Corporation Act 1897.

mandamus to be obtained by the Local Government Board out of the High Court.

(5) If the Corporation acquire or appropriate any house or houses for the purposes of this Act in contravention of the foregoing provisions or displace or cause to be displaced the persons residing 5 in any house or houses in contravention of the requirements of the scheme they shall be liable to a penalty of five hundred pounds in respect of every such house which penalty shall be recoverable by the Local Government Board by action in the High Court and shall be carried to and form part of the Consolidated Fund of the 10 United Kingdom.

Provided that the Court may if it think fit reduce such penalty.

(6) For the purpose of carrying out any scheme under this section the Corporation may appropriate any lands for the time 15 being belonging to them or which they have power to acquire Provided that nothing in this section shall relieve the Corporation from the necessity of obtaining the approval of the Local Govern- ment Board for such appropriation or use of their corporate land as would require such approval under the Municipal Corporations 20 Act 1882 (as amended by Section 72 of the Local Government Act 1888} or any other gereral Act.

(7) Subject to the provisions of this section the Corporation and the Local Government Board and their inspectors shall have and may exercise for any purpose in connection with any scheme 25 under this section all or any of the powers vested in them under the Public Health Act 1875 in the same manner in every respect as if the preparation and carrying into effect of such scheme were one of the general purposes of that Act.

Provided that all lands on which any buildings have been 30 erected or provided by the Corporation in pursuance of any scheme under this section shall for a period of twenty-five years from the date of the scheme be appropriated for the purpose of dwellings and every conveyance demise or lease of such lands and buildings shall be endorsed with notice of this enactment. 35

Provided also that the Local Government Board may at any time dispense with all or any of the requirements of this sub-section subject to such conditions if any as they may see fit.

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The Huddersfield Corporation Act 1897. 25

(8) The Corporation shall pay to the Local Government Board asum to be fixed by that Board in respect of the preparation and issue of any Provisional Order in pursuance of this section and any expenses incurred by that Board in relation to any inquiries 5 under this section including the expenses of any witnesses sum- moned by the inspector holding the inquiry and a sum to be fixed

by that Board not exceeding three guineas a day for the services of ©

such inspector.

(9) For the purposes of this section the expression “labouring 10 class

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26 The Huddersfield Corporation Act 1897.

such portion only without the Corporation being obliged or compellable to purchase the whole the Corporation paying for the portion so taken and making compensation for any damage sustained by the owner by severance or otherwise ;

(3) If within such twenty-one days the owner shall by notice 5 in writing to the Corporation allege that such portion cannot be so severed the Jury Arbitrators or other authority to whom the question of disputed compensation shall be submitted (hereinafter referred to as “the shall in addition to the other questions required to be determined by it determine whether 10 the portion of the scheduled property specified in the notice to treat can be severed from the remainder without material detri- ment thereto and if not whether any and what other portion less than the whole (but not exceeding the portion over which the Corporation have compulsory powers of purchase) can be so 15 severed ;

(4) If the Tribunal determine that the portion of the scheduled property specified in the notice to treat or any such other portion as aforesaid can be severed from the remainder without material detriment thereto the owner may be required 20 to sell and convey to the Corporation the portion which the Tribunal shall have determined to be so severable without the Corporation being obliged or compellable to purchase the whole the Corporation paying such sum for the portion taken by them including compensation for any damage sustained by the owner 25 by severance or otherwise as shall be awarded by the Tribunal ;

(5) If the Tribunal determine that the portion of the scheduled property specified in the notice to treat can notwith- standing the allegation of the owner be severed from the remainder without material detriment thereto the Tribunal may 30 in its absolute discretion determine and order that the costs charges and expenses incurred by the owner incident to the arbitration or inquiry shall be borne and paid by the owner;

(6) If the Tribunal determine that the portion of the scheduled property specified in the notice to treat cannot be 35 severed from the remainder without material detriment thereto (and whether or not they shall determine that any other portion can be so severed) the Corporation may withdraw their notice

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The Huddersfield Corporation

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28 The Huddersfield Corporation Act 1897.

Section 330 (Sales to be made within limited time) ;

Section 331 (Power to sell &c. lands not wanted) as explained by Section 103 of the Act of 1880; and

Section 333 (Lands in certain cases not to be sold without consent of Treasury) 5

shall (so far as they are not inconsistent with the provisions of this Act) extend and apply mutatis mutandis to the acquisition lease and sale of lands acquired by the Corporation under the powers of this Act and of lands acquired by the Corporation under the powers of former Acts and not required for the purposes for 10 which they were acquired.

Provided as follows (that is to say):

(A) This section or the foregoing section of this Act the marginal note whereof is “consideration for such acquisition” shall not be taken to dispense with the consent of the Local 15 Government Board to any disposition of land in any case in which the consent of that Board would have been required if this Act had not been passed.

(B) In construing the said Section 333 for the purposes of this Act the Local Government Board shall be substituted for the 20 Commissioners of Her

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The Huddersfield Corporation Act 1897. 29

may grant dedicate convey or devise any land to the Corporation for the purpose or purposes aforesaid the provisions of any Act or rule of law to the contrary notwithstanding and particularly the Corporation may accept the gift of and hold all the estate and 5 interest of James Nield Sykes in certain lands in the said township of Lindley-cum-Quarmby and of George William Shaw in certain lands partly in that township and partly in the said township of Longwood and shall appropriate the said respective lands as

conveyed to them for the purposes of places of public resort or

10 recreation.

The Corporation may exercise in relation to all or any of the lands in this section referred to all or any of the provisions of the following sections of the former Acts (that is to say) :

Section 205 (Power to purchase lands for formation of Parks 15 and to form Parks &c.) ;

Section 206 (Power to make by-laws for regulation of Parks

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Power to sell

temporary build-

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(2) The Corporation shall within fourteen days after the delivery of the plan and section and specification signify in writing their approval or disapproval of the intended building to the person proposing to erect the same. (3) The Corporation may attach to their approval any con- 5 dition which they deem proper with regard to the sanitary arrange- ments of such building the ingress thereto and egress therefrom protection against fire and the period during which such building shall be allowed to stand. (4) If any such temporary building is commenced without 10 such application or after the disapproval of the Corporation or before the expiration of the said fourteen days without such approval or is in any respect not in conformity with the conditions imposed by the Corporation or is not removed within the period allowed by the Corporation (or any prolongation thereof) the 15 Corporation may cause such building to be pulled down and removed and any expense incurred by them in or about the pulling down or removal of the building may be recovered in a summary manner from the owner of the building or from the person erecting the same at their discretion. 20

The following buildings and works shall be exempt from the operation of this section

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The Huddersfield Corporation Act 1897. 31

either in or towards payment of the costs and expenses incurred by them in relation to such building or shall pay the same or any part thereof to the owner of such structure as a Court of summary jurisdiction shall determine.

5 33. Without prejudice to any existing right of Her Majesty there shall be exempted from this part of this Act any temporary building erected by or under the authority of any department of Her Majesty’s Government.

Part VIII.—FINANCE.

10 34. In this Part of this Act ‘Statutory Security” means any security in which trustees are for the time being by or under any Act of Parliament passed or to be passed

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Provision as to mortgages.

Certain provisions of Act of 1882 extended to this Act.

Amendment of Act of 1882 as to Corporation Stock.

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the Borough Fund and Borough Rate any sum not exceeding sixteen thousand five hundred and sixteen pounds;

and in calculating the sum the Corporation may borrow under any other enactment any sums they may borrow under this Act shall not be reckoned and the powers of the Corporation as to 5 borrowing and re-borrowing shall not be restricted by any of the provisions of the Municipal Corporations Acts or of The Public Health Act 1875 or of The Local Government Act 1888.

36. The following sections of the Public Health Act 1875 (that is to say) :— 10

Section 236 (Form of Mortgage) ; Section 237 (Register of Mortgages) ; Section 238 (Transfer of Mortgages) ;

Section 239 (Receiver may be appointed in certain cases) ;

shall extend and apply mutatis mutandis to and in relation to

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as will with the accumulations thereof by way of compound interest at a rate not exceeding three pounds per centum per annum be sufficient to pay off the whole of the principal moneys borrowed on such security within the periods by this Act prescribed so far as the same are to be paid off by means of a 5 sinking fund ;

(2) The first payment to the sinking fund for repayment of moneys to be borrowed under the powers of this Act shall be made on or before the thirty-first day of March next following the time of the borrowing of the moneys in respect of which the 10 payment is to be made;

(3) The yearly sums so to be appropriated and set apart shall be invested from time to time and accumulated in the way of compound interest by investing the same and the dividends interest and annual income thereof respectively in any statutory 75, security ;

(4) The Corporation may at any time apply the whole or part of such sinking fund in or towards the repayment of the borrowed moneys for the repayment of which such sinking fund was set apart in such order and manner as they deem proper Provided 20 as follows (that is to say)

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from such investments is not equal to the income which would be derived therefrom at the rate per centum per annum on which the equal annual payments to the sinking fund are based such deficiency shall be made good out of the funds and 5 rates on the security of which the moneys to be repaid have been borrowed but if and so often as the said interest in any year exceeds such income the difference between such interest and income shall be applicable in reduction of the sums which

would otherwise be required to be paid into the sinking fund.

10 41. (1) Subject to the provisions of this Act the Corporation may from time to time advance by way of loan to the Huddersfield School Board and the Guardians of the Poor of the Huddersfield Union respectively (each of which Bodies is in this Act included in the expression ‘‘ Borrowing Authority ’’) such sum or sums of 15 money as the Borrowing Authority is for the time being by law authorised to borrow and is desirous to borrow from the Corpora- tion upon the security of any rates or funds which the Borrowing Authority is authorised to charge for the repayment of the money borrowed. 20 (2) The Corporation may borrow any sum or sums required by them for a loan to the Borrowing Authority and may mortgage or charge the Borough Fund and Borough Rate for the purpose. (8) The following provisions shall apply to moneys borrowed or raised for the purpose of loans to a Borrowing Authority :—

25 (4) The sum shall be lent by the Corporation to the Borrowing Authority for a period not exceeding that for ‘which the Borrowing Authority is authorised to borrow or re-borrow the same and with a provision for repayment by equal annual instalments of principal or of principal and 830 interest combined ;

(B) If any sum payable to the Corporation for principal in respect of any

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36 The Huddersfield Corporation Act 1897.

such moneys be raised by the issue of stuck the whole or any part thereof shall be received by the Corporation the sum so received shall be carried to the credit of the Borough Fund. (4) The following provisions shall apply to moneys borrowed and not raised by the issue of stock :— 5 (aA) Every sum so borrowed shall be repaid by the Corporation within a period to expire not more than one year after that for which the same was lent by them to the Borrowing Authority ; (B) All sums received from the Borrowing Authority for interest shall be applied towards the payment of interest payable 10 in respect of moneys so borrowed the balance if any being carried to the credit of the Borough Fund ; (c) All sums received from the Borrowing Authority for principal (except sums which are to be carried to the credit of the Borough Fund under the provisions of sub-section (8) (B) of 15 this section) and all sums set apart out of the Borough Fund under sub-section (3) of this section shall be applied towards the repayment of the principal payable in respect of moneys so borrowed and until so applied shall be invested in statutory securities the Corporation being at liberty from time to time to 20 vary and transpose such investments. The interest derived from such investments shall be applied in making good any loss or deficiency of or in the principal moneys so invested that may arise by depreciation of the investments or other- wise and if not required for that purpose shall be applied 25 as if the same had been received for interest from the Borrowing Authority. (5) The following provisions shall apply to moneys raised by the issue of stock :—

(4) All sums received from the Borrowing Authority for 30 interest shall be paid into the said Loans Fund and shall be applied in paying the dividends on stock ; (B) All sums received from the Borrowing Authority for principal (except sums which are to be carried to the credit of the Borough Fund under the provisions of sub-section (3) (B) of 35 this section) and all sums set apart out of the Borough Fund for payment into the said Loans Fund in pursuance of sub-section (3) of this section shall be paid into the said Loans Fund and shall be applied in the redemption or purchase and extinction of such

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The Huddersfield Corporation Act 1897. 37

stock and until so applied shall be invested in statutory securities the Corporation being at liberty from time to time

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38 The Huddersfield Corporation Act 1897.

Section 37 (Power to borrow under Local Loans Act 1875);

Section 38 (Annual return to Local Government Board with respect to sinking funds &c.); and

Section 40 (Application of moneys borrowed) ;

shall subject to the provisions of this Act extend and apply 5 mutatis mutandis to and in relation to the moneys borrowed by the Corporation under the powers of this Act and to the repayment thereof.

Expenses ot 44. All expenses incurred by the Corporation in carrying

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The Huddersfield Corporation Act 189%. 39

47. All the provisions with respect to by-laws contained in Sections 182 to 185 of the Public Health Act 1875 (except so much thereof as relates to by-laws of a Rural Sanitary Authority) shall apply to all by-laws from time to time made by the Corporation 5 under the powers of this Act except to those by-laws which are by this Act made subject to confirmation by the Board of Trade.

4.8.—(1) The Local Government Board may direct any inquiries to be held by their inspectors which they may deem necessary for giving effect to any of the provisions of this Act and the inspectors 10 of the Local Government Board shall for the purposes of any such inquiry have all such powers as they have for the purposes of inquiries directed by that Board under the Public Health Act 1875. (2) The Corporation shall pay to the Local Government 15 Board any expenses incurred by that Board in relation to any inquiries under this Act including the expenses of any witnesses summoned by the Inspector holding the inquiry and a sum to be fixed by that Board not exceeding three guineas a day for the service of such Inspector.

20 49. Any person deeming himself aggrieved by any order judgment determination or requirement or the withholding of any certificate licence or consent or approval of or by the Corporation or of or by any officer or valuer of the Corporation or by any conviction or order by a Court of summary jurisdiction under any 25 provision of this Act may unless otherwise expressly provided appeal to the next practicable Court of Quarter Sessions under and according to the provisions of the Summary Jurisdiction Acts.

5O. For the protection of the Corporation of Wakefield the following provisions shall have effect (that is to say)

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40 The Huddersfield Corporation Act 1897.

notice shall be accompanied with plans and sections showing the proposed works and the Corporation of Wakefield shall within fourteen days after the deposit of such notice plans and sections with the Town Clerk of Wakefield notify the Corporation in writing their approval or disapproval of such plans and sections and the 5 grounds thereof and in the absence of such notification the said plans and sections shall be deemed to be approved and in case of dispute or difference as to the mode in which such works are to be carried out

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The Huddersfield Corporation Act 1897. 41

51. Subject to the express provisions of this Act nothing in this Act contained shall extend to or be deemed construed or taken as in anywise extending to extinguish prejudice diminish affect or disturb or as authorising anything to be done or omitted to be done 5 so as to extinguish prejudice diminish affect or

Page 45

A2 The Huddersfield Corporation Act 1897.

THE SCHEDULES REFERRED TO IN THE FOREGOING ACT.

THE FIRST SCHEDULE.

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The Huddersfield Corporation Act 1897. 43

on the towing-path of Sir J. W. Ramsden’s canal and two hundred and six feet in the north-westerly direction in two lines. Bounded on the north by the property of or reputed to belong to Sir J. W. Ramsden on the south by Gasworks Street on the east by Saint Andrew’s Road on the west partly by Sir J. W. Ramsden’s canal and partly by tenements belonging or reputed to belong to the Corporation ;

(2) A piece of land situate in Leeds Road Huddersfield containing by admeasure- ment on the east side thereof in two lines one hundred and sixty-two feet six inches and seventy-four feet six inches on the west side thereof in three lines one hundred and ten feet six inches seveniy-four feet six inches and fourteen feet six inches on the north side thereof in four lines one hundred and thirty six feet eight feet six inches fifteen feet and seventy-four feet six inches and on the south side thereof one hundred and eighty-four feet and in the whole three thousand six hundred and sixty-five square yards or thereabouts bounded on the east side thereof partly by ground belonging or reputed to belong to Sir J. W. Ramsden and leased by the Corporation on the west side thereof partly by Leeds Road aforesaid partly by an occupation road and partly by tenements in lease to Tom North Swift on the north side thereof partly by the said occupation road partly by tenements in lease to Tom North Swift and partly by tenements in lease to Charles William Learoyd and Executors and on the south side thereof by ground belonging or reputed to belong to the said Sir J. W. Ramsden and leased by the Corporation ;

(3) A piece of land containing an area of one thousand three hundred and

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4A, The Huddersfield Corporation Act 1897.

THE SECOND SCHEDULE.

LANDS FOR SANITARY PURPOSES.

(a) Certain lands five acres in extent wholly in the township of Lockwood bounded on the north by St. Thomas’ Road between two points distant respectively 84 yards und 252 yards or thereabouts east of the east corner of Springdale on the east from the last- named point and at right angles to St. Thomas’ Road by a line drawn in a southerly direction for a distance of 165 yards or thereabouts to an existing fence thence along the said fence in a south-westerly direction for a distance of 50 yards or thereabouts to another fence on the south-west from the last named point by an existing fence in a north-westerly direction for a distance of 195 yards or thereabouts and on the west by a line drawn from the last-named point in a northerly direction to the point first described in St. Thomas’ Road.

(c) Certain lands two acres one rood twenty-two perches in extent near Quarmby Clough Mill wholly in the said township of Lindley-cum-Quarmby bounded on the north by the diverted Rocks footpath from a point where the same joins the Quarry Road in Ballroyd Clough in an easterly direction for a distance of forty yards or thereabouts thence by an existing fence for a further distance of twenty- two yards or thereabouts to a point where it forms a junction with another fence on the east from the last-named point in a southerly direction by an existing fence for a distance of fifty-three yards or thereabouts thence by a line drawn in a southerly direction along the bottom of the rocks for a distance of eighty-eight yards or there- abouts to an existing fence on the south by the said existing fence from the last-named point in a westerly direction to the said Quarry Road and on the west by the aforesaid Quarry Road for a distance of one hundred and forty-four yards or thereabouts to the point of commencement on the north boundary.

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The Huddersfield Corporation Act 1897. 45

(z) Certain lands seven acres in extent at or near Carr Pit in the townships of Huddersfield and Dalton in the parishes of Huddersfield and Kirkheaton bounded on the north by the River Colne for a distance of ten yards or thereabouts from a point in the centre of the River Colne and three hundred and eighty-eight yards north of Somerset Bridge measured along the centre of the River Colne in an easterly direetion thence by a line drawn from the last named point also in an easterly direction and parallel to and distant twenty-one yards or thereabouts north of an existing fence for a distance of .one hundred and twelve yards or thereabouts on the east by a line drawn from the last named point in a southerly direction to a point four yards north of the rear of property in Ivy Street and twenty-seven yards east of Carr Pit Road on the south by a line drawn in a westerly direction from the last mentioned point and parallel to the rear of property in Ivy Street to the centre of the River Colne on the west by a line drawn from the last named point in a northerly direction along the imaginary centre of the River Colne to the first mentioned point.

Page 49

The Hudderafield Corporation Act 1897.

THE THIRD SCHEDULE.

DESCRIBING PROPERTIES OF WHICH PORTIONS ONLY MAY BE

REQUIRED. Parish. Township. Numbers on Deposited Plans. New STREETS


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