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2 Epwarp
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Part
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Part X.—FINANCE.
Power to borrow
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AN
ACT
To confer further powers upon the Mayor Aldermen and Burgesses of the County Borough of Huddersfield with respect to Waterworks and other matters; to provide for the transfer of the Technical College and the Lockwood Mechanics’ Institution to the Corporation and to make further provision for the health and good government of the Borough and for other purposes.
[ROYAL ASSENT JULY
WHEREAS the county borough of Huddersfield in the West Preamble. Riding of the county of York (hereinafter in this Act referred to as ‘the Borough”) is a municipal borough under the government of the Mayor Aldermen and Burgesses thereof (in this Act referred 5 to as “ the Corporation ”) :
And whereas extensive powers with regard to the supply of water gas and electricity the construction of a tramroad and tram-
(U) B
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2 Huddersfield Corporation Act 1902.
ways and with regard to the improvement and government of the borough have been conferred upon the Corporation by the recited Acts and Orders set forth in the First Schedule hereto :
And whereas by the Huddersfield Corporation Waterworks Act 1890 (in this Act called “the Act of 1890”) the Corporation were authorised amongst other works in connection with their waterworks undertaking to make and maintain a storage reservoir known as the Butterley Reservoir :
And whereas the Corporation have completed the works
authorised by the Act of 1890 other than the said Butterley Reservoir :
And whereas the Corporation have nearly completed the con- struction of the embankment of the said Butterley Reservoir but by reason of engineering difficulties the completion of the works of the said reservoir has been delayed and the cost of the construction thereof has been and will be increased :
And whereas by the Act of 1890 the period for the completion of the works thereby authorised was limited to ten years from the date of the passing of that Act which received the Royal
Assent on the twenty-fifth day of July one thousand eight hundred 2
and ninety :
And whereas by the Huddersfield Waterworks Act 1871 (in this Act called “the Act of 1871”) the Corporation were autho- rised to construct certain works including a new reservoir known as
the Blakeley Reservoir :
And whereas by the Huddersfield Corporation Act 1882 (in this Act called
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Huddersfield Corporation Act 1902. 3
And whereas it is apprehended that difficulties similar to those which have arisen in the completion of the said Butterley Reservoir may also be found in completing the said Blakeley Reservoir :
And whereas by the Act of 1896 the Corporation were authorised to construct a service tank in the parish of Shepley known as the
Shepley Tank :
And whereas the Corporation have acquired the land necessary for such purpose and are desirous of commencing the construction of
the said Shepley Tank :
And whereas the time for the completion of the said Shepley Tank expired on the second day of July one thousand nine hundred
and one:
And whereas it is expedient that the powers of the Corporation to make and maintain the said Butterley and Blakeley Reservoirs and the said Shepley Tank be revived and the Corporation be authorised to make complete and maintain the same as hereinafter provided and to make and muintain the other waterworks by this Act authorised :
And whereas in dealing with the difficulties that have arisen in the construction of the Butterley Reservoir the Corporation impounded water for the purpose of testing the water holding capacity of that reservoir and questions have arisen as to whether the Corporation have thereby rendered themselves liable to the penalties prescribed by Section 28 of the Act of 1890 with regard to the dis- charge from the said reservoir of the compensation water provided by the said Act and it 1s expedient that the special provisions in this Act contained should be enacted for the protection of the Cor- poration and the occupiers of mills and works interested in the water impounded as aforesaid :
And whereas by the Huddersfield Waterworks Tramroad Act 1894 (in this Act called
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4 Huddersfield Corporation Act 1902.
And whereas such tramroad has been constructed by agreement with the landowners upon whose lands the same has been laid :
And whereas it is provided by the Act of 1894 that imme- diately after the completion of the said Butterley and Blakeley Reservoirs the rails of the said tramroad shall be taken up and the easement over the lands occupied by the said tramroad and works shall cease :
And whereas the period for the construction of the said reservoirs having expired doubts have arisen as to whether the rails of the said tramroac should be taken up :
And whereas it is expedient that the powers of the Corporation to make maintain and use the said tramroad should be revived enlarged and continued as hereinafter provided :
And whereas by moneys subscribed by merchants manu- facturers and others interested in the industry of the borough an institution has been established in and for the borough known as the Technical College Huddersfield and the Jands buildings and property held in connection therewith are vested in trustees who hold the same on the trusts declared in an indenture bearing date the thirty- first day of October one thousand eight hundred and eighty-five :
And whereas the administration of the said College has assumed large dimensions and entails heavy responsibilities upon the said trustees governors and the governing body and it has been carried on at a loss:
And whereas there is a strong public feeling in the borough that the said College should be administered by the Corporation :
And whereas the life and other members of and the donors and subscribers to the said Colleze have consented to the transfer of the
institution to the Corporation :
And whereas it is expedient that the said College and the
lands buildings and property thereof vested in the said trustees or governing body should be transferred to the Corporation and that
the agreement bearing date the eighteenth day of January one thousand nine hundred and two made between the trustees of the first
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part the governors of the second part and the Corporation of the 35
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Huddersfield Corporation Act 1902. 5
third part contained in the Second Schedule to this Act and the scheme in the said agreement contained should be confirmed and that other provisions should be made for the maintenance and management of the said College :
And whereas a certain Institution has been established in the Lockwood district of the borough known as the Lockwood Mechanics’ Institution and the said Institution and the lands buildings and property held in connection therewith are vested in trustees who hold the same on the trusts declared in an Jndenture bearing date the twenty-sixth day of June one thousand eight hundred and
sixty-six :
And whereas it is expedient that the said Institution and the said lands buildings and property vested in the said trustees should be transferred to the Corporation and the Agreement bearing date the eighteenth day of January one thousand nine hundred and two made between the said trustees of the first part the Com- mittee of Management of the said Institution of the second part and the Corporation of the third part contained in the Fourth Schedule to this Act and the scheme in the said Agreement con- tained should be confirmed and that other provisions should be made for the maintenance and management of the said Institution :
And whereas the Corporation have been empowered by the Huddersfield Electric Lighting Orders 1890 and 1896 to erect an electric lighting station and to supply electrical energy throughout the borough and further powers are necessary in connection with
that undertaking :
And whereas it is expedient that the powers of the Corporation in relation to the health local government and improvement of the
borough should be enlarged as by this Act provided :
And whereas it is expedient that the Corporation be authorised to acquire lands for the purposes of their waterworks and other the
purposes of this Act :
And whereas it is expedient that the Corporation should be enabled to raise moneys for the purposes of this Act :
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6 Huddersfield Corporation Act 1902.
And whereas estimates have been prepared by the Corporation in relation to the purchase of land for and for the execution and completion of the works powers to construct which are by this Act revived and of the works by this Act authorised and such estimates are as follows: For the general purposes of the water undertaking one hundred and seventy-five thousand pounds and for the Technical College thirty-five thousand pounds :
And whereas the several works and purposes mentioned in such estimates are permanent works within the meaning of Section 234 of the Public Health Act 1875 :
And whereas plans and sections showing the lines and levels of the works powers to construct which are by this Act revived and of the works authorised by this Act and plans of the lands which the Corporation may acquire under this Act and books of reference to such plans containing the names of the owners and lessees or re- puted owners and lessees and of the occupiers of the lands required and which may be taken under the powers of this Act have been deposited with the Clerk of the Peace for the West Riding of the county of York which plans sections and books of
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8 Huddersfield Corporation Act 1902.
Frovisions 3. The following Acts and parts of Acts (so far as the same general are applicable for the purposes of and are not inconsistent with the provisions of this Act) are hereby incorporated with this Act
rated. namely
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Huddersfield Corporation Act 1902. >
“The Waterworks Engineer” and “the Waterworks Engineers” mean the waterworks engineer or the waterworks manager of the Corporation for the time being ;
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Revival of powers.
10 Huddersfield Corporation Act 1902.
“The recited Acts” means the unrepealed provisions of the local Acts specified in the First Schedule to this Act and the Provisional Orders relating to the borough confirmed by the Acts also specified in the same Schedule ;
Words and expressions to which meanings are assigned to enactments incorporated with this Act have in this Act the same respective meanings unless there be something in the subject or context repugnant to such construc- tion ;
In the Railways Clauses Consolidation Act 1845 for the pur- poses of this Act the expressions
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The reservoir above referred to and now in course of construction is a storage reservoir situate wholly in the parish and urban district of Marsden formed by means of an embankment placed across the valley of the brook known as the Wessenden Brook near the junction of Butterley Clough Brook with the said Wessenden Brook and extending along the said valley in a south-easterly direction from the said embankment to the embankment of the Blakeley Reservoir hereinafter described and also extending along the valley of the said Butterley Clough Brook in a south-westerly direction for a distance of twenty-four chains or thereabouts measured up the
course of that brook from its junction with the said Wessenden Brook.
(2) The powers of the Acts of 187i and 1896 to make and maintain the storage reservoir therein referred to as the Blakeley
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Power to construct new works
12 Huddersfield Corporation Act 1902.
(4) The powers of the Act of 1894 to make form lay down work use and maintain the tramroad therein referred to and hereinafter described and all other the powers of the Cor- poration in reference thereto are hereby revived and may be exercised by the Corporation notwithstanding anything in the said Act to the contrary and the Corporation may enter upon take and use such of the lands shown upon the deposited plans and described in the deposited books of reference as may be requisite for the pur- poses aforesaid.
The tramroad hereinbefore referred to is the following :—
A tramroad wholly within the said parish and urban district of Marsden commencing at a point 240 yards due east of the north-eastern face of the Stand Edge Tunnel of the Huddersfield and Manchester Railway of the London and North Western Railway Company and terminating near the western end of the embankment now in course of construction of the said Butterley Reservoir together with all necessary and proper rails plates sleepers junctions turntables turnouts crossings passing places sidings loops junctions stables engine houses
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A catchwater drain and conduit wholly situate
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Power to make subsidiary works.
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footpath in the district of the Council shall be stopped up diverted or interfered with by the Corporation under the provisions of this Act unless and until the Corporation provide substituted footpaths for the convenience of the public using the same ;
(3) The Corporation shall during the construction of the said works erect and maintain around the same where necessary suitable and proper fences for the protection of the public ;
(4) If any difference arise between the Corporation and the Council with reference to any of the matters provided for by this section such difference shall be settled by an arbitrator to be agreed on by the parties in difference or fuiling agreement tv be appointed by the Board of Trade on the application of either of the parties.
8. The Corporation may in connection with the works powers to construct which are by this Act revived and the works by this Act authorised make and maintain all proper dams trenches walls embankments bridges roads ways wells boreholes tanks cisterns basins gauges filters filter beds sluices bye-washes waste weirs inlet works outfalls overflows washouts discharge pipes shafts
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tunnels adits aqueducts culverts cuts catchwaters channels conduits I
muins pipes standpipes junctions engines valves hatch-boxes chambers drains telegraphic and telephonic apparatus roadways approaches fences buildings houses works and conveniences connected with the hereinbefore described works or any of them or incidental thereto or necessary or convenient for conductiny controlling inspecting cleansing repairing or managing the same or for com- pleting and making watertight the said reservoirs.
Provided that no telegraphic or telephonic apparatus made and maintained under the authority of this Act or the Huddersfield Improvement Act 1871 shall be used for the purpose of transmit- ting telegrams in
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Huddersfield Corporation Act 1902. L5
9. The Corporation may stop up and discontinue for public use Stopping up any public road or footpath shown on the deposited plans as intended of
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Huddersfield Corporation Act 1902.
said reservoir shall have been proved to be sufficiently watertight to the satisfaction of the Corporation to divert collect and impound the waters which by the recited Acts and this Act they are empowered to take for the purpose of filling and testing the
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escaping from the Butterley Reservoir into the Wessenden
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Temporary provisions as to Blakeley Reservoir.
18 Huddersfield Corporation Act 1902.
(B) Except as hereinbefore provided the Corporation shall not be entitled to appropriate or use any of the water impounded by them in the Butterley Reservoir until the said reservoir shall to the satisfaction of the Corporation be found to be sufficiently watertight and thereafter the provisions of the Act of 1890 shall be and continue in full force and effect.
(c) Nothing in this section shall affect the rights of the Commissioners of the Wessenden Reservoir under nor the restriction and obligation imposed upon the Corporation by paragraph 8 of the agreement scheduled to the Act of 1890.
(D) The Corporation shall pay to the Commissioners of the Wessenden Reservoir the annual sum of fifty pounds for work done and expenses incurred under this section.
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Huddersfield Corporation Act 1902. 19
14, Subject to the provisions of this Act the following pro- Provisions visions of the Act of 1890 and the Act of 1894 shall extend and ‘cts as to
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Liniting supply for domestic purposes in times of drought.
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Huddersfield Corporation Act 1902.
Section 14. As to rails of tramroad ;
Section 15. Corporation to adopt improvements if required by Board of Trade ;
Section 16. Further provisions as to construction of tramroad ; Section 17. For the protection of the London and North Western Railway Company ; Section 18. Inspection by Board of Trade ;
Section 19. Penalties-for not maintaining rails in proper order ;
Section
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Huddersfield Corporation Act 1902. 21
shall be given to consumers inside the borough over consumers outside the borough.
16. Notwithstanding anything in Section 68 (Water Rents) of Amendment of water
the Act of 1869 and the Third Schedule to that Act the Corporation
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22 Huddersfield Corporation Act 1902.
Part
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Huddersfield Corporation Act 1902. 23
19. The following sections of the Huddersfield Improvement Applying Act 1880 (in this Act called “the Act of 1880”) the Act of 1896
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Agreement confirmed.
Transfer of Technical College to Corpora- tion.
Day of {ransfer.
Mainte- nance and control of Tecbnical College.
24 Huddersfield Corporation Act 1902.
For the purposes of this section the expression “ house” means any house or part of a house occupied as a separate dwelling and the expression “labouring class” means mechanics artizans labourers and others working for wages hawkers costermongers persons not working for wages but working at some trade or handicraft without employing others except members of their own family and persons other than domestic servants whose income does not exceed ‘an average of thirty shillings a week and the families of any of such persons who may be residing with them.
Part
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Act be transferred to and shall vest in the Corporation as from the day of transfer and may be held exercised and enjoyed by the Cor- poration and the said trustees members and governing body are hereby authorised and empowered to transfer the suid undertaking property rights powers privileges and obligations accordingly.
29. The day of transfer shall be such day prior to the first day of November one thousand nine hundred and three as the Corpora- tion and the trustees members and governing body of the Institution may fix.
Day of transfer.
30.—(1) The Corporation shall (subject to the provisions of Mainten-
this Act) hold the said undertaking so vested in or transferred to
them upon the terms of the said Agreement as set out in the Fourth Schedule to this Act.
(2) The provisions of the section of this Act the marginal note of which is “ Maintenance and control of Technical College” shall so far as they are applicable and with all necessary modifications apply to the said Institution and the Corporation may exercise the powers by that section conferred accordingly.
(3) The Corporation may from time to time prepare make and carry out such scheme or schemes as may be thought desirable for the maintenance and management of the said Institution.
31. The Corporation may from time to time if they think fit delegate all or any of their powers in connection with the said Lock- wood Mechanics’ Institution to the Lockwood Sub-Committee of their District and Highways Committee with power to appoint sub- committees.
Parr VI.—ELECTRICITY.
32. Notwithstanding anything contained in tle Electric Lighting Acts 1882 and 1888 a person shall not be entitled to demand from the Corporation a supply of electrical energy to premises having a separate supply unless such person shall have previously agreed to pay to the Corporation such minimum annual
ance and control of
Delegation of powers to
Lockwood Sub- Committee.
As to supply of electricity where consumer hasseparate
supply.
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Corporation may refuse to supply electrical energy in certain cases
Power to supply electric fittings.
Materials and fittings supplied by
28 Huddersfield Corporation Act 1902.
sum as will give to the Corporation a reasonable return on the capital expenditure and other standing charges incurred by the Corporation ‘to meet the possible maximum demand of such person In case the Corporation and the person demanding such supply of electrical energy shall fail to agree the amount of such minimum annual sum to be paid by such person the amount of such minimum annual sum shall be fixed by an electrical engineer to be appointed as arbitrator by the President of the Institution of Civil Engineers.
33. The Corporation may refuse to supply electrical energy to any person whose payments for the supply of electrical energy or for the hire or sale of electric motors or other things mentioned in the next following section are for the time being in arrear whether any such payments he due to the Corporation in respect of a supply to the premises in respect of which such supply is demanded or in respect of other premises.
34. The Corporation may purchase and provide sell let for hire and fix set up alter repair and remove (but shall not manufac- ture) lamps meters electric lines fittings apparatus and things for motive power and for heating and cooking purposes for which electrical energy can or may be used or otherwise necessary or proper for the supply distribution consumption or use of electrical energy and may provide all materials and do all works necessary or proper in that behalf and may require and take such remuneration in money or such rents and charges ‘for and make such terms and conditions with respect to the sale letting fixing setting up altering repairing or removing of such lamps meters electric lines fittings apparatus and things as aforesaid and for securing (both as regards the consumer and tliird parties) their safety and return to the Corporation as the Corporation may think fit or as may be agreed upon between them and the person to or for whom the same are sold supplied let fixed set up altered repaired or removed Provided that nothing in this section shall authorise the Corporation to provide or fix electric light fittings upon any
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to distress or to the landlord’s remedy for rent nor to be taken in execution under any process of law or equity or any proceeding in bankruptcy against the person or persons in whose possession the same may be Provided that such motor engine lamp meter fitting or apparatus is marked or impressed with a sufficient mark or brand indicating the Corporation as the actual owners thereof.
Part VII.—MILK SUPPLY.
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where the sample is to be taken an order authorising the taking of samples of the milk which order any such justice is hereby em- powered to make,
Power to (5) (a) If milk from a dairy situate within the borough is being
mspect
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Huddersfield Corporatwn Act 1902. 31
authorised person or veterinary surgeon as aforesaid as may be required by such medical officer person or veterinary surgeon for all or any of the purposes of this sub-section and any person refusing such assistance or obstructing such medical officer person or veterinary surgeon in carrying out the purposes of this sub-section shall be liable to a penalty not exceeding five pounds.
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Compensa- tion.
Notice of provisions of this part of Act.
32 Huddersfield Corporation Act 1902.
to them by the dairyman of such sum as they deem right to secure the payment of any costs incurred by the Board of Agriculture in the matter of the appeal.
The Court or the Board of Agriculture as the case may be may confirm vary or withdraw the order which is the subject of the appeal and may direct to and by whom the costs of the appeal (including any sum paid or payable to the Board of Agriculture as aforesaid) are to be paid but pending the decision of the appeal the order shall remain in force unless previously withdrawn by the Corporation.
37. If an order is made without due cause or if the Corpora- tion unreasonably refuse to withdraw the order the dairyman shall if not himself in default be entitled to recover from the Corporation full compensation for any damage which he has sustained by reason of the making of the order or uf the refusal of the Corporation to withdraw the order.
The Court or the Board of Agriculture may determine and state whether an order the subject of appeal has been made without due cause and whether the Corporation have unreasonably refused to withdraw the order and whether the dairyman has been in default.
Any dispute as to the fact whether the order has been made or maintained without due cause or as to the fact of default where any such fact has not been determined by the Court or Board of Agriculture or as to the fact of damage or as to the amount of compensation shall be determined in the manner provided by Section 308 of the Public Health Act 1875 and that section shall accordingly apply and have effect as if the same were herein re-enacted and in terms made applicable to any such dispute as aforesaid.
38. The Corporation shall cause to be given public notice of the effect of the provisions of this part of this Act by advertisement in local newspapers and by handbills and otherwise in such manner as they think sufficient and this part of this Act shall come into operation at such time not being Jess than one month after the first
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publication of such an advertisement as aforesaid as the Corporation
may fix.
39. Offences under this part of this Act may be prosecuted and Procedure. penalties may be recovered by the Corporation before a petty sessional court having jurisdiction in the place where the dairy is situate or the offence is committed and not otherwise.
4Q. All expenses incurred by the Corporation in carrying As to into execution the provisions of this part of this Act shall be
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Provisions as to children trading in streets.
34 Hudaersfield Corporation Act 1902.
(c) Omits on the outbreak of any infectious disease amongst
the persons employed in his business to give notice
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published in such manner as the Secretary of State may direct ;
Provided that such regulations shall not impose any restriction on the grant of licenses on the grounds of the poverty or the previous bad character either of the child or of its parents or guardians ;
(3) Subject to such regulations the Corporation may grant a
license to any child authorising him to trade in the streets and after such day as may be fixed in the regulations or such later day (hereinafter referred to as
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Fiuddersfield Corporation Act 1902.
and the Court may of its own motion or on the application
of any person by order renew vary and revoke any such order ;
(B) Order that the child if he be under the age of fourteen years be sent to an industrial school and there- upon all the provisions of the Industrial Schools Acts shall apply as if the child had been so sent under those Acts; or
(c) In the case
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Part
44, The Corporation may from time to time in addition
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ment of
recited Acts between the twenty-fifth day ot July one thousand
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Mode of payment off of money borrowed.
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50. Section 69 (Application of Loans Fund) of tie Act of
1882 shall be altered by the addition theretv of the following provisions (that is to say) :—
(1) Where the Corporation are authorised by any statutory borrowing power to raise money for any purpose the Corpuration instead of exercising such borrowing puwer by the creation and issue of additional Corporation Stock may exercise the said power either wholly or partially by using for such purpose any money for the time being forming part of any Loans Fund and not required for the payment of dividends on Corporation Stock ;
(2) The Corporation when exercising the power conferred on them by Sub-section (1) of this section shall :
(a) Withdraw from the Loans Fund a sum equal to the amount of the borrowing power
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Application of moneys under Act of 1890.
As
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Part XI.— MISCELLANEOUS.
54. The Corporation may if they think fit keep separate accounts in relation to the Lockwood Mechanics’ Institution and
‘credit all the fees or sums received and charge all the expenses
incurred in respect: of the said institution including the discharge of the habilities of the trustees members and governing body of the said institution under the Agreement set out in the Fourth Schedule to this Act and any other charges and expenses whatever in relation thereto to and upon the Lockwood district of the borough.
55. The Corporation may and they are hereby empowered to lay and levy an education rate not exceeding threepence in the pound for educational purposes (other than elementary education) and when in the opinion of the Corporation the educational require- ments of the borough demand it the Corporation may from time to time with the consent of the Local Government Board increase the amount of such rate to such an amount as that Board may sanction and such rate shall be laid and levied in accordance with the provisions of Part XXV (Borough Fund and Borough
Separate accounts as to Lockwood Mechanics’ Institution.
Education rate.
Rate) of the Huddersfield Improvement Act 1871 except
Section 341 (Assessments for tithes railways &c. in certain cases) in that part of that Act shall not be construed to apply to any educa- tion rate made laid or levied for the purposes of this Act.
56.—(1) Where any notice or demand under this Act requires authentication by the Corporation the signature of the town clerk or other duly authorised officer of the Corporation or his name affixed to any such notive or demand in print or by a stamp shall be
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Powers of Act cumulative,
Informa- tiona by whom to be laid.
Compensa- tion how to be determined.
As to appeal.
44 Huddersfield Corporation Act 1902.
delivered or sent by post addressed to the Secretary of the Company at their principal office or place of business.
57. All powers rights and remedies given to the Corporation by this Act shall (except where otherwise expressly provided) be deemed to be in addition to and not in derogation of any other powers rights or remedies conferred on them by the Public Health Acts or any of them and the Municipal Corporations Acts and the Corporation may exercise such other powers and be entitled to such other rights and remedies as if this Act had not been passed Provided that no person including the Corporation shall incur or be liable for more than one penalty (other than a daily penalty) under the recited Acts or this Act for the commission of the same offence or same neglect or default.
58. Save as herein expressly provided all informations and complaints under or for the breach of any of the provisions of this Act or of any bye-laws made thereunder may be laid by an officer of the Corporation authorised in that behalf or by the Town Clerk.
59. When any compensation costs damages or expenses
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it shall not be requisite for the Corporation to enter into any recog- nisance or to make any deposit of money.
61. Save as otherwise by this Act expressly provided all offences against this Act and all penalties forfeitures costs and expenses imposed or recoverable under this Act or any bye-law made in pursuance thereof may be prosecuted and recovered in a summary manuer Provided that costs or expenses except such as are recoverable along with a penalty shall not be recovered as penalties but may be recovered summarily as civil debts.
62. Nothing inthis Act shall protect any person from being proceeded against by way of indictment in respect of any matter by this Act made punishable on summary proceedings or shall relieve any person in respect of any such matter from any penalty or other consequence to which he would have been liable if such matter had not been made punishable by this Act Provided that no person shall be punished for the same offence under this Act and also under any other Act.
63. A judge of any court or a justice shall not be disqualified from acting in the execution of this-Act by reason of his being a member of the Corporation or liable to the borough rate.
64. All the costs charges and expenses preliminary and of and incidental to the preparing applying for and obtaining this Act 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 borough fund and borough rate or out of moneys borrowed under the provisions of this Act.
[SCHEDULES (v) N
Recovery of penalties &c.
Saving for indictments &c.
Judges not disqualified.
Costs of Act.
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Huddersfield Corporation Act 1902.
The Schedules referred to in the I foregoing Act.
FIRST SCHEDULE.
Huddersfield Burial Ground Act 1852. Huddersfield Gas Act 1861. Huddersfield Water Act 1869. Huddersfield Waterworks Act 1871. Huddersfield Improvement Act 1871. Huddersfield Waterworks and Improvement Act 1876. Hudderstield Improvement Act 1880. Huddersfield Corporation Act 1882. Haddersfield Tramways and Improvement Act 1890. Huddersfield Corporation Waterworks Act 1890. Huddersfield Electric Lighting Order 1890 (confirmed by the Electric Lighting Orders Confirmation (No. 3) Act 1890). Borough of Huddersfield Order 1890 Longwood (confirmed by the Local Govern- ment Board’s Provisional Orders Confirmation (No. 15) Act 1890). Huddersfield Waterworks Tramroad Act 1894. Huddersfield Waterworks Act 1896. Huddersfield Electric Lighting Order 1896 (confirmed by the Electric Lighting Orders Confirmation (No. 1) Act 1896). Huddersfield Corporation Tramways Order 1897 (confirmed by the Tramways Orders Confirmation (No. 2) Act 1897). Huddersfield Corporation Act 1897. Huddersfield Corporation Tramways Order 1898 (confirmed by the Tramways Orders Confirmation (No. 2) Act 1898). Huddersfield Corporation Tramways Order 1900 (confirmed by the Tramways Orders Confirmation (No. 1) Act 1900). Huddersfield Corporation Tramways Act 1900.
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Huddersfield Corporation Act 1902. 47
SECOND SCHEDULE.
TECHNICAL COLLEGE HUDDERSFIELD.
MEMORANDUM OF AGREEMENT made the eighteenth day of January one thousand nine hundred and two between Edward Armitage Esquire Sir Thomas Brooke Baronet Thomas Walker Brooke Esquire Sir Joseph Crosland Knight Benjamin Schofield Esquire George Thomson
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48 Huddersfield Corporation Act 1902.
Whereas by an Indenture of Lease dated the twenty-sixth day of August 1882 and made between Sir John William Ramsden Baronet of the one part and the said Edward Armitage John Fligg Brigg Edward Brooke Thomas Brooke Thomas Walker Brooke Joseph Crosland William Roulston Haigh Henry Lister William Marriott Wright Mellor Benjamin Schofield John Sugden George Thomson and George William Tomlinson and Henry Brooke and Henry Dyson Taylor (both since deceased) therein- after called “the Lessees” of the other part the said Sir John William Ramsden in exercise of the power given to him as the Leasiug Authority by the Ramsden Estate Act 1887 and of every other power him enabling demised and leased unto the said lessees all that piece of land situate in Queen Street South Princess Saint Paul’s and Page Streets in Huddersfield aforesaid containing by admeasurement on the north-east side thereof two hundred and forty-one feet nine inches on the south- west side thereof two hundred and forty-two feet nine inches on the north-west side thereof one hundred and twenty-one feet three inches and on the south-east side thereof one hundred and nineteen feet and in the whole three thousand two hundred and thirty-three square yards more or less bounded on the north-east side thereof by Princess Street aforesaid on the south-west side thereof by Page Street aforesaid on the north-west side thereof by Queen Street South aforesaid and on the south-east side thereof by Saint Paul’s Street aforesaid but so that nine feet in breadth along the north-east north-west and south-west sides thereof respectively and six feet in breadth along the south-west side thereof should at all times hereafter be used as public footways and which said demised premises are more particularly delineated in the plan endorsed upon the now being recited Indenture of Lease together with a full free and uninterrupted right of roadway or passage to and for the lessees and their tenants servants and visitors for all purposes and op all occasions and with or without horses cattle and carriages to pass and repass to and from the said demised premises over and along Princess Street Page Street Queen Street South and Saint Paul’s Street aforesaid reserving nevertheless unto the said Reversioner as therein mentioned to hold the said premises thereby demised with the appurtenances unto the said
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Huddersfield Corporation Act 1902. 49
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di,
0 Huddersfield Corporation Act 1902.
additi
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Huddersfield Corporation Act 1902. 51
in favour of institutions of this character being administered by municipal Corporations at the expense of the ratepayers and whereas negotiations have for some time past taken place
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52
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Huddersfield Corporation Act 1902. 53
Three members to be nominated by the present of the Armytage Technical School Enduwment for the residue of the term for which they were appointed to office under the exising schemes for that endowment. So long as there shall be any members of the Committee nominated under this provision, the Council shall be entitled to appoint an equal number of additional members of the Committee.
Such other number of persons (if any) as may be necessary from time to time to bring up the total number of members to thirty without taking into consideration the six members last mentioned and as shall be appointed by the Council and such persons or some of such persons need not be Members of the Council.
The acts and proceedings of such Committee shall if the Council of the Cor- poration so order but not otherwise be submitted to the Council for approval And the quorum of such Committee shall be such as the Council direct and the Council may from time to time make such regulations as they think fit for the guidance of such Committee and the Council may from time to time remove any
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Huddersfield Corporation Act 1902. 55
Witness to the signature of the said Benjamin Schofield JosiaH M. Bares Clerk to Messrs. Brook Freeman and Batley Solicitors Huddersfield.
Witness to the signature of the said John Bower Robinson ARTHUR ROBINSON Ottiwells Marsden Nr. Huddersfield Woollen Manufacturer.
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56 Buddersfield Corporation Act 1902.
THIRD SCHEDULE.
DESCRIPTION OF UNDERTAKING OF TECHNICAL COLLEGE HUDDERSFIELD.
(1) All that undertaking called or known by the name of the Technical College Huddersfield comprising a technical schoo] science school school of art libraries museums and other collateral and auxiliary departments or branches in connectiun therewith for the diffusion and advancement of Education Science Literature and Art situate in and abutting on Queen Street South Princess Street Page Street and St. Paul’s Street in the County Borough of Huddersfield in the West Riding of the County of York together with the buildings and erections thereon.
(2) All that undertaking annexed to the said College known as Armitage’s Technical School Endowment comprising the Foundation known as Armitage’s Charity in the Parish of Huddersfield in the West Riding of the County of York.
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Huddersfield Corporation Act 1902. 57
FOURTH SCHEDULE.
LOCKWOOD MECHANICS’ INSTITUTION.
Memorandum of Agreement made the eighteenth day of January one thousand nine hundred and two between Sir Joseph Crosland Knight of Royds Hall Hudders- field James Kenworthy of Beaumont Park Road Lockwood waggon builder Joe Booth Whiteley of Thornfield Lockwood machine maker John Arthur Brooke of Fenay Hall Almondbury manufacturer George Matthewman of Great Northern Street Huddersfield Market Hall inspector and Owen Shaw of Marton Grove Trinity Street Huddersfield retired draper (who are hereinafter called the trustees) of the first part the said Joe Booth Whiteley Robert MacShaw of Lamb Hall Longwood Reuben Hirst of Rockfield House Lockwood William Jepson of 66 Bentley Street Lockwood Thomas Cartwright of Crosland Moor Joseph Berry of Fenton Road Lockwvod John Lancaster Shaw of Torquay in the county of Devon Peter Macgregor of Lockwood Road Huddersfield Joseph Lumb of Greenhead Lane Huddersfield the said James -Kenworthy the said George Matthewman George Lawton of Meltham Road Lockwood William Blamires of Leeds Road Huddersfield Tom Crowe of Bentley
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58 Huddersfield Corporation Act 1902.
the margin of the now being recited indenture of lease And also all that building then erected or in the course of erection upon the said piece or parcel of ground thereby demised and intended to be used as a mechanics’ hall and all other buildings and erections then or thereafter to be erected and built thereon Together with the ‘appurtenances (except such free passage and drainage for water or soil coming from or off any premises contiguous or near unto the piece of ground and premises thereby demised as the persons for the time being entitled to the said thereby demised premises in reversion immediately expectant on the determination of the term thereby granted or their agent for the time being should direct and except such easements as were or might be obstructed by any buildings placed or to be placed upon any contiguous property to the said lessors) were demised and leased unto the said lessee his executors administrators and assigns from the twenty-fifth day of March one thousand eight hundred and sixty-six for the term of nine
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Huddersfield Corporation Act 1902. 59
purposes unconnected with any party in politics or sect in religion or with the
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60 Huddersfield Corporation Act 1902.
might require for the purposes of the passage through Parliament of a Bill for con- firming such agreement as aforesaid And such further resolutions were also
embodied in the said memorandum of request addressed and made to the trustees as aforesaid.
Now it is hereby agreed by and between the parties hereto as follows :—
1. The trustees and the committee will as soon as these presents have been confirmed by Parliament as hereinafter mentioned assign and transfer
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Huddersfield Corporation Act 1902. 61
THE SCHEDULE ABOVE REFERRED TO.
SCHEME FOR CARRYING ON THE
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62 Huddersfield Corporation Act 1902.
Signed sealed and delivered by the said John Arthur Brooke in the presence of Harry 2 Lindley Street JOHN A. BROOKE. Longwood Solicitor’s Clerk.
‘Signed sealed and delivered by the said George Matthewman in the presence
of H{arry GEORGE MATTHEW MAN.
2 Lindley Street Longwood Solicitor’s Clerk.
Signed sealed and delivered by the said Owen Shaw in the presence of J. B.
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Huddersfield Corporation Act 1902.
Signed sealed and delivered by the said Joseph Berry in the presence of Harry
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64 Huddersfield Corporation Act 1902.
Signed sealed and delivered by the said Jobn William Mallinson in the presence
of J. B.
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Huddersfield Corporation Act 1902. 65
FIFTH SCHEDULE.
DESCRIPTION OF UNDERTAKING OF LOCKWOOD MECHANIUS’ INSTITUTION.
All that undertaking called or known by the name of the Lockwood Mechanics’ Institution together with the buildings libraries reading and class rooms and premises in connection therewith situate at Lockwood in the County Borough of Huddersfield in the West Riding of the County of York.