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3 & 4 Greorce 1913.
HUDDERSFIELD CORPORATION ACT 1913.
ARRANGEMENT OF SECTIONS.
Section. Page. Preamble
Il. Huddersfield Corporation Act 1913.
Huddersfield Corporation Act 1918.
Limits of deviation
lv. Huddersfield Corporation Act 1913.
Corporation to be Burial Board for borough
To confer powers on the Mayor Aldermen and Burgesses of the County Borough of Hudders- field for the construction of Tramways Street Works and Waterworks to purchase the undertaking of the Commissioners of the Deanhead Reservoir to extend the Borough Boundaries and to make further and better provision with regard to the Tramways Water and other undertakings of the Corpor- ation and for other purposes.
Huddersfield Corporation Act 1913. 3
conferred upon the Deanhead Commissioners to levy rates and to Preamble. borrow money on the security thereof:
And whereas by the Deanhead Commissioners Act 1889 further powers were conferred upon the Deanhead Commissioners for the 5 construction of additional works and for the supply of water in bulk :
And whereas the Deanhead Commissioners have from time to time in exercise of the aforesaid powers borrowed various sums of money on mortgage on the security of the rates aforesaid :
And whereas an agreement has been entered into between the 10 Deanhead Commissioners of the first part certain mill owners and occupiers named and described in the schedule to such agreement of the second part and the Corporation of the third part for the transfer to the Corporation of the undertaking of the Deanhead Commissioners and it is expedient that that agreement be confirmed and the said 15 undertaking transferred to the Corporation :
And whereas it is expedient that the Corporation should be authorised to construct the additional waterworks by this Act authorised :
And whereas it 1s expedient that power should be conferred on the 20 Corporation with respect to the taking of lands as in this Act set forth:
And whereas it is expedient that the boundaries of the borough should be extended so as to include the Lindley Recreation Ground belonging to the Corporation :
And whereas estimates have been prepared by the Corporation in 5 relation to the following purposes :—
For the construction of tramways Eighty-three thousand five hundred and seventy-five pounds ;
For the provision of electrical equipment and other works in connection with the tramways by this Act authorised Twenty- 30 seven thousand six hundred and ninety-nine pounds ;
For the provision of rolling-stock in connection with the Corporation tramways Nine thousand pounds ;
For the provision of electrical equipment and other works for the purpose of working trolley vehicles Two thousand eight 35 hundred and four pounds ;
4 Huddersfield Corporation Act 1918.
For the provision of trolley vehicles One thousand five hundred
For the provision of motor omnibuses One thousand eight hundred
For the purchase of lands for and the construction of street works
Two thousand five hundred and thirty pounds ;
For the purchase of lands for and the construction of waterworks Twenty-one thousand one hundred and seventy pounds :
And whereas the several works and purposes mentioned in such
estimates are permanent works and it is expedient that the cost thereof 10
should be spread over a term of years:
And whereas the said street works will be situate in the Urban
District of Elland and under an Agreement dated the fourth day of
December One thousand nine hundred and twelve made between the Corporation of the one part and the Urban District Council of Elland of the other part the said District Council agreed to construct the said works or some part thereof and it 1s expedient that the said District Council should be authorized to raise moneys therefor :
And whereas it is expedient that the Corporation should be authorised to raise moneys for the remainder of the purposes aforesaid and that the other provisions contained in this Act should be enacted :
And whereas plans and sections showing the lines and levels of the works authorised by this Act and plans of the lands which the Cor- poration may acquire under this Act with a book of reference to such plans containing the names of the owners and lessees or reputed 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 book of reference are in this Act respectively referred to as the deposited plans sections and book of reference :
And whereas the objects aforesaid cannot be effected without the authority of Parliament :
And whereas in relation to the promotion of the Bull for this Act the requirements of the Borough Funds Acts 1872 and 1903 have been observed and the approval of the Local Government Board has been obtained :
Huddersfield Corporation Act 1913. 5
MAY IT PLEASE YOUR MAJESTY
That it may be enacted and be it enacted by the King’s Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present
6 Huddersfield Corporation Act 19138.
Part I. The Waterworks Clauses Acts 1847 and 1863 except :—
Preliminary. 7 (a) The words “with the consent in writing of the
owner or reputed owner of any such house or of the agent of such owner” in section 44 of the Waterworks Clauses Act 1847 ; 5
(4) Sections 75 to 82 of the Waterworks Clauses Act 1847 with respect to the amount of profic to be received by the undertakers when the waterworks are carried on for their benefit and section 83 relating to accounts.
Interpreta- 4. In this Act unless the subject or context otherwise requires :— 10 tion.
“The existing borough” means the County Borough of Huddersfield as it existed inmediately prior to the passing of this Act;
“The borough” means the borough as extended by this Act ;
“ The Corporation” means the Mayor Aldermen and Burgesses of 15 the borough ;
‘The Council” means the Council of the borough :
“The borough fund” and “borough rate” mean respectively the borough fund and borough rate of the borough ;
‘The tramways” means the tramways by this Act authorised ; 20
“ The Corporation tramways” means the tramways authorised by this Act and all tramways for the time being belonging to leased to or run over or worked by the Corporation and includes any vehicles moved by mechanical power transmitted to such vehicles from some external source ; 25
Huddersfield Corporation Act 1918. 7
The Municipal Corporations Acts” means the Municipal Corpora- tions Act 1882 and any Act amending the same ;
“The Public Health Acts” means the Public Health Act 1875 and any Act amending the same;
“The County” and “the County Council” mean respectively the County of the West Riding of Yorkshire and the County Council of that County ;
“The added area” means that part of the Urban District of Stainland-with-old Lindley which is added to the existing borough by this Act;
‘‘The appointed day” means the first day of April One thousand nine hundred and fourteen ;
“The recited Acts” means the unrepealed provisions of the local Acts specified in the First Schedule to this Act and the Pro- visional Orders relating to the borough confirmed by the Acts also specified in the same schedule and each of those Acts and Orders is separately referred to as the Act or Order of the year in which it was passed or confirmed except where any of such Acts or Orders are referred to under their respective short titles ;
“The Act of 1838” means the Act 1 and 2 Vic. cap. lxiv. intituled Act for making and maintaining a reservoir at Deanhead in the parish of Huddersfield in the West Riding of the County of York and for other purposes relating thereto ” ;
“The Act of 1841” means the Act 4 and 5 Vic. cap. lx. intituled “ An Act
Power to make
Huddersfield Corporation Act 19138. 9
2 furlongs 7°82 chains will be single line and 3°18 chains will be double line wholly in the parish of Lockwood in the borough
in Blackmoorfoot Road at the junction of that
road with Crosland Hill Road passing thence along Blackmoor- foot Road and terminating by a junction with the termination of the existing tramway of the Corporation in Barton Road at the junction of that road with Dryclough Road.
Tramway No. 6.—About 1 mile 3 furlongs 6°68 chains in length
whereof 1 mile 2 furlongs 6°95 chains will be single line and 9°73 chains will be double line wholly in the parish of Dalton in the borough commencing by a junction’ with the existing tramway of the Corporation in Wakefield Road at a point 45 yards south-west of Birkhouse Lane passing thence along Wakefield Road Broad Lane Long Lane Briggate Crosley Lane and there terminating at the junction of Crosley Lane with School Lane.
Tramway No. 7.—About 1 furlong 5°75 chains in length whereof
9°39 chains will be single line and 6°36 chains will be double line wholly in the parish of Huddersfield in the borough com- mencing in Bradford Road by a junction with the existing tramway of the Corporation at a point 10 yards north of Beaumont Street passing thence along the said Bradford Road and Beaumont Street into and along Leeds Road and there terminating by a junction with the existing tramway of the Corporation at a point 20 yards south of Beaumont Street.
Tramway No. 8.—A single line about 2°60 chains in length wholly
in the parish of Huddersfield in the borough commencing in Beaumont Street by a junction with the proposed Tramway No. 7 at a point 23 yards west of Great Northern Street passing thence along Beaumont Street into and along Great Northern Street and there terminating by a junction with the existing tramway of the Corporation at a point 57 yards north of Beaumont Street.
Tramway No. 9.—About 3 furlongs 0°60 chain in length whereof
2 furlongs 7°60 chains will be single line and 3 chains will be double line wholly in the parish of Huddersfield in the borough commencing in Leeds Road by a junction with the existing tramway of the Corporation at a point 29 yards
Huddersfield Corporation Act 1913.
north of Gasworks Street passing thence along Leeds Road Gasworks Street and St. Andrew’s Road and there terminat-
ing on the west side thereof at a point 55 yards north of Turnbridge Road.
Tramway No. 10.—A single line about 0°64 chain in length wholly
in the parish of Huddersfield in the borough commencing in Gasworks Street by a junction with the proposed Tramway No. 9 at a point 70 yards east of Leeds Road passing thence along Gasworks Street and there terminating on the south side thereof at a point 81 yards east of Leeds Road.
Tramway No. 11.—A single line about 0°54 chain in length wholly
in the parish of Huddersfield in the borough commencing in Gasworks Street by a junction with the proposed Tramway No. 9 at a point 92 yards east of Leeds Road passing thence along Gasworks Street and there terminating on the south side thereof at a point 104 yards east of Leeds Road.
Tramway No. 12.—A single line 0°50 chain in length wholly in
the parish of Huddersfield in the borough commencing in Gasworks Street on the north side thereof at a point 110 yards east of Leeds Road and passing thence along Gasworks Street and there terminating by a junction with the proposed Tramway No. 9 at a point 101 yards east of Leeds Road.
Tramway No. 13.—A single line about 8°20 chains in length wholly
in the parish of Huddersfield in the borough commencing in St. Road on the west side thereof at a point 61 yards north of Grove Road and passing thence along St. Andrew’s Road and Gasworks Street and there terminating by a junction with the proposed Tramway No. 9 ata point 40 yards west of St. Andrew’s Road.
Tramway No. 14.—A single line. about 2°60 chains in length
wholly in the parish of Huddersfield in the borough commenc- ing in Grove Road on the south side thereofat a point 49 yards west of St. Road and passing thence along Grove Road into and along St. Andrew’s Road and there terminating by a junction with the proposed Tramway No. 13 at
Huddersfield Corporation Act 1913. 11
in St. Andrew’s Road by a junction with the proposed Part II. Tramway No. 13 at a point 14 yards north of Gasworks Street Tramways and passing thence along St. Andrew’s Road and there ter- minating by a junction with the proposed Tramway No. 9 at 5 a point 35 yards south of Gasworks Street.
Tramway No. 16.—About 2 furlongs 1°95 chains in length whereof 9 chains will be single line and 1 furlong 2°95 chains will be double
Huddersfield Corporation Act 1918. 13
Section 43. (Payment of tolls.)
Section 56. (Provision as to general Tramway Acts.)
OF THE HUDDERSFIELD CORPORATION TRAMWAYS ORDER 1903. -
Section 7. (Alteration of tramways.)
Provided that the provisions of the said section 14 of the Act of 1900 shall be exercisable only with the consent of the Board of Trade.
9. The Corporation may from time to time alter the existing gauge of any of the Corporation Tramways to such other gauge as the Board of Trade may approve and for that purpose may lay a third rail or may take up and remove all or some of the existing rails plates and apparatus and other works of or connected with any of the said tramways and may relay the same or others in lieu thereof and may execute all such works and may exercise all such powers as may be necessary or expedient forcarrying out such alteration Provided always that
Huddersfield Corporation Act 1913. 15
upon the Corporation tramways or to any special service of carriages on extraordinary occasions and in respect thereof the Corporation may demand and take such tolls or charges as they shall think fit but such restrictions shall apply only to the ordinary carriages or service of carriages appointed from time to time for the conveyance of passengers on the Corporation Tramways: Provided that the running of such carriages shall in no way curtail the ordinary service of carriages.
15. The Corporation may run through carriages along any of the 4s to running routes of the Corporation tramways or any portion thereof specified by
16 Huddersfield Corporation Act 1913.
Huddersfield Corporation Act 1918. 17
lowering reconstruction alteration or protection of any such water apparatus the Morley Corporation may themselves execute such works and the Corporation shall on the completion thereof pay to the Morley Corporation the expenses 5 reasonably incurred by them in so doing ;
(3) The Corporation shall pay to the Morley Corporation the reasonable costs incurred by them in connection with the superintendence by their engineer in sub-section (2) of this section mentioned ;
10 (4) The Corporation in making so much of Tramway No. 2 as aforesaid shall not interfere with remove or displace any water apparatus or do anything to impede the passage of water into or through such apparatus without the consent of the Morley Corporation until good and sufficient water apparatus neces- 15 sary for continuing the supply of water as efficiently as the same was supplied by the apparatus proposed to be interfered with removed or displacetl shall at the expense of the Corporation have been first made and laid down in lieu thereof and properly connected with the existing apparatus which is 20 not removed or displaced to the reasonable satisfaction of the engineer of the Morley Corporation ;
(5) The Corporation in making maintaining or working Tramway No. 2 shall make good all damage done by them to any water apparatus ;
(6) The Morley Corporation shall not be liable for any injury caused to the tramways or the works or conveniences connected therewith by reason of the bursting or failure of any main of the Morley Corporation ;
18 Huddersfield Corporation Act 19138.
Part I. respect to the construction of tramways on main roads and bridges
Tramways repairable by or at the expense of the County Council :
(1) The Tramways shall not be opened for traffic on the under- mentioned main roads until the metalled carriageway of such roads has been widened to the extent hereinafter specified, (that is to say) :—
(a) The Rochdale Halifax and Elland main road in the urban district of Elland and the Elland and Saddle- main road in the urban district of Greetland to twenty-seven feet between the points A and B shown on the plans signed in duplicate by Kenneth Findlater Campbell on behalf of the Corporation and by Frederick George Carpenter on behalf of the County Council ;
(b) The Wakefield and Austerlands main road in the urban district of Marsden between the points C and D shown on the said plans to the extent shown by the red line thereon ;
(c) By the removal of the steps projecting on to the said road at the point E shown on the said plans ;
Huddersfield Corporation Act 1913. 19
Provided that if the County Council do not within twenty- eight days after receipt by them of such plans sections and specifications signify their approval or disapproval thereof or give their directions in relation thereto they shall be deemed to have approved thereof ;
(3) (a) The cost of executing the aforesaid widening of the Rochdale Halifax and Elland Main Road between the points A and B shown on the said plans shall be borne in the first instance by the Corporation and on the completion of such works the County Council and the Urban Councils of the districts in which such works are executed shall contribute to such cost in such proportions as may be agreed by them respectively with the Corporation ;
(L) The cost of executing the other road widenings and works aforesaid shall be borne as may be agreed between the Corporation and the Urban Councils of the districts in which the works are executed provided that the County Council shall pay to the Corporation one half of the cost of acquiring and taking down the Old Toll House situate in the urban district of Marsden between the points C and D shown on the said plans;
Huddersfield Corporation Act 1913. 21
(10) The Corporation shall at all times during the construction Part II. repair or renewal of the tramways or any part thereof in a Tramways. main road make all necessary and reasonable provisions for the proper regulation of the ordinary traffic of the road and 5 shall keep unobstructed so much of the road as the Surveyor of the District Council shall reasonably deem adequate for the free and safe passage thereon of vehicles and foot passengers and shall after completion of the part of the tramways under construction repair or renewal leave the portion of the road 10 so required to be kept unobstructed in as good repair as the same was in when the work was commenced ;
(11) The Corporation shall pave the portion of road referred to in section 28 of the Tramways Act 1870 with such granite setts as may be agreed upon between the engineer of the Corporation 15 and the surveyor of the County Council or as failing agreement may be determined as hereinafter provided ;
(12) The consent of the County Council shall be necessary to the alteration pursuant to section 16 of the Act of 1900 of a tram- way 1D any main road ;
20 (13) If any difference arises between the Corporation and the County Council under this section such difference shall be determined by an arbitrator to be appointed failing agreement by the President of the Institution of Civil Engineers on the application of either party.
25 (14) In case any widening executed by the Corporation or the County Council under the provisions of this section shall involve an alteration of any telegraphic line (as defined by the Telegraph Act 1878) belonging to or used by the Post- master-General the enactments contained in section 7 of the 30) said Act shall apply to such alteration as aforesaid and the Cor- poration and the Council (as the case may be) shall be deemed to be
Power to use trolley vehicles.
As to electrical works.
Corporation to have exclusive right of using apparatus for working trolley vehicles.
Period for completion of trolley vehicle apparatus.
Huddersfield Corporation Act 1913. 23
for placing and erecting the same or otherwise in relation thereto shall cease except as to so much thereof as shall then be completed.
25. Subject to the provisions of this Act trolley vehicles shall not be deemed to be light locomotives within the meaning of the Locomotives on Highways Act 1896 or of the bye-laws and regulations made thereunder nor shall they be deemed to be motor-cars within the meaning of the Motor Car Act 1903 except sub section (1) of section 1 of that Act and the provisions necessary for enforcing that sub-section and neither the regulations made under that Act nor the enact- ments mentioned in the Schedule to the Locomotives on Highways Act 1896 nor the Locomotives Act 1898 shall apply to trolley
Board of Trade may authorise
24 Huddersfield Corporation Act 1913.
such persons and at such places upon or near to the trolley vehicles and in such manner and under such regulations as the Corporation may by notice to be annexed to the lst of fares rates and charges appoint.
30. (1) If the Corporation desire to use trolley vehicles upon any road as defined by the Tramways Act 1870 within the borough (other than the streets or roads in this Act hereinbefore referred to) they may make application to the Board of Trade describing the route and the Board of Trade shall be and are hereby empowered to make a Provisional Order authorising the use of trolley vehicles upon any road or roads described in the application.
(2) No such application shall be entertained by the Board of Trade unless the Corporation shall—
(a) Have published once in each of two successive weeks in the months of October or November notice of their intention to make such application in some newspaper or newspapers circulating in the borough ;
(b) Have also published such notice once in the months of October or November in the London Gazette ;
(c) Have posted for fourteen consecutive days in the months of 20
October or November in conspicuous positions in each of the roads to which such application relates a notice of their intention to make such application ;
and each such notice shall state the time and method for bringing before the Board of Trade any objections to the grant of such application.
(3) The Board of Trade may and they are hereby empowered to prescribe the procedure with respect to any application for a Provisional Order under this section.
(4) The Board of Trade shall consider any such application and may if they think fit direct an enquiry to be held in the borough
Huddersfield Corporation Act 1913. 25
(5) In any case where it shall appear to the Board of Trade expedient and proper that the application be granted they may settle and make aProvisional Order authorising the same and shall as soon as conveniently may be thereafter procure a Bill to be introduced into 5 either House of Parliament for an Act to confirm the Provisional Order which shall be set out at length in the Schedule to the Bill and until confirmation with or without amendment by such Act of Parliament a Provisional Order under this Act shall not have any operation.
(6) If while any such Bill is pending in either House of Parlia- 10 ment a Petition is presented against any Provisional Order comprised therein the Bull so far as it relates to the Order petitioned against may be referred to a Select Committee and the Petitioner shall be allowed to appear and oppose as in the case of a Bill for a Special Act.
The Act of Parliament confirming a Provisional Order under this 15 Act shall be deemed a Public General Act.
(7) The making of a Provisional Order under this section shall be prima facie evidence that all the requirements of this section in respect of proceedings required to be taken previously to the making of such Provisional Order have been complied with.
20 (8) Any expenses incurred by the Board of Trade in connection with the preparation and making of any such Provisional Order and any expenses incurred by the Board of Trade in connection with any enquiry under this section shall be paid by the Corporation.
(9) Provided that any Provisional Order to be obtained by the 25 Corporation under the Tramways Act 1870 authorising the construction of tramways in the borough may authorise the Corporation to use trolley vehicles upon all or any of the streets or roads along which such tramways are authorised to be constructed in lieu of and pending the construction thereof.
30 31. Subject to the provisions of this Act trolley vehicles and the apparatus in connection therewith shall for all purposes be deemed to form part of the tramway undertaking of the Corporation.
32. The Corporation shall perform in respect of trolley vehicles all the services in regard to the conveyance of mails which are 35 prescribed by the Conveyance of Mails Act 1893 in the case of a tramway as defined by that Act and authorised as in that Act stated.
Trolley vehicles tw be part of tramway undertakiny of Corpora- tion.
Conveyance of mails.
26 Huddersfield Corporation Act 1918.
Part IV. PART IV.—PROVISIONS COMMON TO TRAMWAYS AND
Huddersfield Corporation Act 1913. 27
Provided that no post or other apparatus for working tramways or trolley vehicles shall be erected on the carriageway of any street or road except with the consent of the Board of Trade.
34. The Corporation may use any of the Corporation tramways or trolley vehicles for the removal and disposal of dust refuse night-soil materials goods and other things for the use of the Corporation free of all tolls and charges in respect of such use and may provide depots in connection therewith and control and manage the same.
35. The Corporation may attach to any lamp-posts poles standards or other similar erections erected on or in the highway on or near to the route of any of the Corporation tramways or trolley vehicles signs or
directions indicating the position of stopping places for cars running on &
such tramways or for trolley vehicles provided that the Corporation shall give notice in writing to the owner of any such lamp-post pole standard or
Common to Tramways
Power to provide and run omnibuses.
28 Huddersfield Corporation Act 1913.
the Power Company attach to any poles standards or other similar erections of the Power Company any sign notice or direction ;
(b) Nothing in this Act shall extend to or authorize any inter- ference with any works of the Power Company to which the provisions of section 15 of the Electric Lighting Act 1882 apply except in accordance with and subject to the provisions of that section and the provisions of that section shall be deemed to extend to and include any electric lines or works of the Power Company constructed or placed upon or above the level of the ground.
PART V.—MOTOR OMNIBUSES.
38. (1) The Corporation may provide (but shall not manufacture) motor
Huddersfield Corporation Act 1913. 29
of mails which are prescribed by the Conveyance of Mails Act 1893 in the case of a tramway as defined by that Act and authorised as in that Act stated.
(6) In this section the expression
Huddersfield Corporation Act 1913. 31
been acquired and all works which have been executed by the Deanhead Commissioners under the authority of the Acts of 1838 1841 and 1889 shall be and the same are hereby transferred to and vested in the Corporation free from all incumbrances and may be held and enjoyed by them as part of the water undertaking.
45. Upon the day of transfer the Acts of 1838 1841 and 1888 shall be and are hereby repealed save in so far as may be necessary for carrying into effect the provisions of the section of this Act the marginal note: of which is “ Winding up and Dissolution of Deanhead Commissioners.”
46. Notwithstanding the repeal of the Acts of 1838 1841 and 1889 all rates which haye been made charged or imposed under the said Acts respectively and which on the day of transfer are due shall be due and payable to the Deanhead Commissioners notwithstanding the transfer of their undertaking to the Corporation and the same may be collected recovered and enforced by the Deanhead
47. So soon as conveniently may be after the day of transfer the affairs of the Deanhead Commissioners shall be wound up and for that purpose the Deanhead Commissioners shall pay off and discharge the incumbrances on the said undertaking out of the purchase money to be received from the Corporation and the balance if any of such purchase money shall be disposed of in such manner as a majority in number of the Deanhead Commissioners may at an extraordinary general meeting of the Deanhead Commissioners determine and when and so soon as such purchase money has been distributed and their affairs have been wound up the Deanhead Commissioners shall be by virtue of this Act dissolved.
48. Subject to the provisions of this Act the Corporation in the lines and situation and upon the lands in that behalf delineated on the deposited plans and described in the deposited book of reference and according to the levels shown on the deposited sections may if they think fit make and maintain the works hereinafter described (that is
to say) :— An aqueduct conduit or line or lines of pipes in the West Riding of the County of York commencing in the parish and urban district
of Scammonden at the existing outlet of the Deanhead Reservoir passing thence through the parish and urban district
Repeal of Acts of 1838 1841 and 1889.
Rates or rents to con- tinue in force.
Winding up and disgolu- tion of Dean- head Com- missioners.
Power to make water- works
Part VIE Water.
Limits of deviation
New works to be part of the water under- taking.
Power to take waters.
As to com. pensation water.
32 Huddersfield Corporation Act 1913.
of Stainland-with-Old Lindley and the parish of Longwood in the borough and terminating in the parish of Lindley-cum- Quarmby in the borough on the west side of the existing service Reservoir of the Corporation on the north side of New
together with all necessary and proper junctions connections pipes conduits channels cuts sluices weirs bye-washes approaches and con- veniences in connection therewith.
Huddersfield Corporation Act 1913. 33
During the period from half-past four to ten in the morning of every Saturday a quantity of one hundred and thirty-five thousand nine hundred and sixty gallons
and such compensation water shall be given in a regular and continuous flow throughout the respective hours of discharge.
(8) For the purpose of measuring the quantity of water to be so discharged or delivered into the Deanhead Clough the Corporation shall erect and maintain at a point on the said stream below the said reservoir not more than 200 yards from the foot of the embankment thereof a proper and suitable measuring gauge over or through which the said compensation water shall flow and the same shall be open to the inspection and examination of the West Riding of Yorkshire Rivers Board and of the owners and occupiers of the mills and works situate on the Deanhead Clough to and including the point where the Deanhead Clough joins the river Calder.
(2) In case of any neglect on the part of the Corporation to maintain any gauge in a state of efficiency and in case of any other neglect by or in consequence of which the said respective quantities of compensation water shall not so flow the Corporation shall for every day on which such neglect occurs forfeit and pay to any of the occupiers of the said mills and works (who may sue for and recover the same) the sum of ten pounds and shall in addition make compensa- tion for any loss damage or injury sustained by such occupiers or any of them: Provided that the Corporation shall not be liable to pay more than ten pounds by way of penalty in respect of any day on which any such neglect shall occur.
(3) If and whenever the said gauge is in a condition unfit for the purposes for which it is intended the Corporation shall forthwith put it in a proper state of repair and condition and if they fail to do so within 21 days after being thereunto required by notice in writing given to them by or on behalf of the owners or occupiers of the said mills and works or any of them the said owners and occupiers or any of them may put the same into a proper state of repair and condition and may recover the expense thereof from the Corporation. __
Part VII. Water.
Limiting powers of Corporation to abstract water.
Discharge of water into streams.
Power to purchase and hold lands and exercise powers for protection of waters.
$4 Huddersfield Corporation Act 1913.
thereof such difference shall be referred to the arbitration of an
engineer to be nominated (unless otherwise agreed) on the application of either of them by the Board of Trade.
(5) The provisions of this section shall be accepted and taken by all persons interested as full compensation for all springs streams and waters which the Corporation can take into or collect by the Deanhead
53. The Corporation shall not construct any works for taking or intercepting water from any lands acquired by them unless the works are authorised by and the lands upon which the same
are to be constructed are specified in this or some other Act of
54. (1) For the purpose of executing constructing enlarging extending repairing cleansing emptying or examining the Deanhead reservoir and the aqueduct conduit or line or lines of pipes by this part of the Act authorised the Corporation may cause the water in any such work to be discharged into any available stream watercourse or ditch.
(2) In the exercise of the power conferred by this section
the Corporation shall do as Ittle damage as may be and shall pay :
compensation to all persons for all damage sustained by them by reason or in consequence of the exercise of such power and the amount of such compensation shall be settled in case of difference by arbitration under and pursuant to the provisions of the Arbitration Act 1889.
55. (1) For the purpose of protecting any of the waters which they are empowered to take under this part of this Act against pollution nuisance encroachment or injury the Corporation may by agreement purchase take on lease and acquire any lands and may hold such lands and any other lands which the Corporation may have acquired for the purposes of the water undertaking so long as they shall deem it necessary or expedient for those purposes Provided that
the Corporation shall not create or permit the creation or continuance of
any nuisance on any lands acquired under this section nor erect any build- ings thereon except offices and dwellings for persons in their employ- ment in connection with the water undertaking and such buildings and works as may be incident to or connected with the water under- taking.
Huddersfield Corporation Act 1913. 35
(2) The Corporation may in and upon the lands referred to in sub-section (1) of this section construct and lay down drains sewers watercourses catchpits and other works and conveniences necessary or proper for the purpose of intercepting or taking all foul waters arising or flowing upon such lands or necessary or proper for prevent- ing the water which the Corporation are empowered to take from being polluted and the Corporation may for the purposes aforesaid carry any such drain sewer or watercourse under across or along any street or road subject and according to the provisions of the Waterworks Clauses Act 1847 with respect to the breaking up of streets for the purpose of laying pipes.
(3) The Corporation may make and carry into effect agreements with the owners lessees or occupiers of any lands with reference to the execution by the Corporation or such owners lessees or occupiers of such works as may be necessary for the purpose of draining such lands or any of them or for more effectually collecting conveying and pre- serving the purity of the waters which the Corporation are for the time being authorised to take.
56. The Corporation may on the application of the owner or occupier of any premises within their limits for the supply of water abutting on or being erected in any street laid out but not dedicated to public use supply such premises with water and for that purpose the Waterworks Clauses Acts 1847 and 1863 shall apply as if the street were a street within the meaning of those Acts.
57. The Corporation shall not be bound to supply with water otherwise than by measure any building used by an occupier as a dwelling house whereof any part is used by the same occupier for any trade or manufacturing purpose for which water is required: Provided that the price to be charged for a supply by measure shall not exceed two shillings per thousand gallons.
Power to lay water pipes in streets not dedicated to public use.
Supply of water to houses partly used for trade &c.
58. When several houses or parts of houses in the occupation of Maintenance
several persons are supplied by one common pipe belonging to the several owners or occupiers of such houses or parts of houses or any of them and such pipe requires repair the Corporation may if they think it necessary or advisable repair the same and the said several owners or occupiers shall be liable to contribute the amount of any expenses from time to time incurred by the Corporation in the maintenance
of common pipe.
36 Huddersfield Corporation Act 1913.
Part VII. and repair of such pipe and their respective proportions of contribu- Water. tions shall be settled by the Waterworks Manager for the time being
of the Corporation.
of 59, All water supplied by the Corporation to their consumers by means of the works by this part of this Act authorized shall be properly and efficiently filtered or otherwise treated so as to prevent it acting on lead in such manner as to endanver the health of such consumers and if the Corporation make default under this section they shall be lable to a penalty not exceeding ten pounds for every day during which such default shall continue: Provided that the provisions of this section shall not apply to any water
Huddersfield Corporation Act 1913.
by means thereof the Council shall be at liberty to serve notice upon the Corporation of their desire to be supplied by the Corporation with water in bulk for use within their district and the Corporation shall within six months after receipt of such notice commence and at all times thereafter continue to supply to the Council at such place or places upon the said aqueduct conduit or line or lines of pipes as may be agreed between the Corporation and the Council or in default of agreement determined by an arbitrator to be appointed by the Local Government Board such a quantity of water in bulk as the Council shall from time to time reasonably require for use as aforesaid and the Council shall take and pay for the same at such price as_ shall be agreed or failing agreement as shall be determined by arbitration as aforesaid. For the purpose of measuring the said supply the Corporation shall at the expense of the Council provide fix maintain and repair all necessary and proper meters appliances and fittings : Provided always that the Corporation shall not be under any obligation to supply water to the Council so long as the Corporation would thereby be prevented from giving a full and efficient supply for domestic purposes within their water limits or if such supply be prevented by frost unusual drought or unavoidable accident or by reason of necessary repairs to any part of the works of the Corporation or if by reason of the default of the Council any works of the Council for the distribution of the water so supplied shall be in such a state of repair as to cause undue loss or waste of water. The Council shall be at liberty at any time or times at their own expense to execute all such works as may be necessary or expedient for distributing the said supply of water in such manner as they shall think fit ;
(2) The Corporation shall be under no obligation to filter any
water supplied to the Council under the provisions of this section ;
(3) Where under the powers and for the purposes of this Act the
Corporation shall break up or interfere with the surface of any road other than a county main road within the Council’s district such breaking up or interference shall only be carried out under the supervision and to the reasonable satisfaction of the Council.
Huddersfield Corporation Act 1913. 39
63. For the protection of the Mayor Aldermen and Citizens of the
Huddersfield Corporation Act 1913. 41
proximity thereto they shall (except in case of emergency where as long a notice as practicable shall be given) give to the engineer of the Company fourteen days’ notice in writing of their intention to carry out any such works accompanied by sufficient plans ;
(2) The said works including the making good and repairing of
any roads over the railway and over any bridges and approaches which the company is or may be liable to maintain and which may be disturbed or interfered with by or owing to any operations of the Corporation shall be laid constructed and executed by and at the expense of the Corporation under the superintendence (if the same be given) and to the reason- able satisfaction of the said engineer and according to plans to be previously reasonably approved by him and so as to avoid as far as possible any injury to any such railway or any of the works thereof and so as not to cause any interruption to the passage or conduct of the traffic over or at any such railway or station: Provided that if the said engineer shall not within fourteen days from the receipt of any such plan have approved or disapproved thereof or signified his require- ments in relation thereto he shall be deemed to have approved thereof ;
(3) When the Corporation open or break up any road or pavement
of any street or bridge or other work belonging to or repairable by the Company the Corporation shall with all convenient speed complete the work for which the same shall be broken up and reinstate and make good the road or works so opened or broken up and shall keep any road or pavement so broken up in good repair for three months after reinstatement and making good and for such further time if any not exceeding twelve months as the soil so broken up shall continue to subside ;
(4) If the Corporation make unnecessary delay in completing such
work or reinstating and making good such road or works so opened or broken up or neglect to keep the road or pavement in repair as aforesaid the Company may after three days’ notice to the Corporation cause such work to be executed or such repair effected and the expense of executing or effecting the same shall be repaid to them by the Corporation ;
Part VII. Water.
Part VII. Water.
Part VIII. Lands.
Power to acquire lands.
Acquisition of lands for filter-beds &c
42 Huddersfield Corporation Act 1913.
(5) The Corporation shall repay to the Company the expense of any temporary works or watching which the Company may reasonably consider necessary to provide for the protection of any such railway or the traffic thereon during the carrying out of the works aforesaid ; 5
(6) If any injury shall owing to or by reason of any of the matters aforesaid arise to any such railway or works or interruption to such traffic the Corporation shall make full satisfaction in respect thereof to the Company and in the event of any dispute as to the amount of such satisfaction the same shall 10 be determined by arbitration in manner hereinafter provided ;
(7) Any difference which may arise between the Corporation and the Company under the provisions of this section shall be settled by arbitration under the provisions of the Arbitration Act 1889 by an engineer to be appointed by the President of 15 the Institution of Civil Engineers at the request of either party.
65. Subject to the provisions of this Act the Corporation may enter upon take hold and use for the tramways street works and water- 20 works by this Act authorised or (in the case of the widening or improving of any existing street) for the providing of space for the erection of buildings adjoining or near to any such street all or any of the lands
delineated on the deposited plans and described in the deposited book of reference relating to those works respectively. 25
66. Subject to the provisions of this Act the Corporation may purchase compulsorily or by agreement the lands next hereinafter described for the purposes of filter beds and other purposes connected therewith or incidental thereto (that is to say)
Huddersfield Corporation Act 1913. 43
67. The Corporation may for the purposes of this Act in addition Powerto
Part VIII Lands. Coste of arbitration &c. in cer- tain cases.
44 Huddersfield Corporation Act 1913.
Section 39. (Period for compulsory purchase of lands.)
Section 41. (Correction of errors &c. in deposited plans and book of' reference. )
Section 42. (Power to retain sell &c. lands.) Section 43. (Proceeds of sale of surplus lands.)
Section 44. (Agreements with landowners.)
Provided that the said section 38 shall apply in respect of the houses buildings or manufactories described or referred to in the Fourth Schedule to this Act.
70. (1) The tribunal to whom any question of disputed purchase money or compensation under this Act is referred shall if so required
_by the Corporation award and declare whether a statement in writing
of the amount of compensation claimed has been delivered to the Corporation by the claimant giving sufficient particulars and in sufficient time to enable the Corporation to make a proper offer and if the tribunal shall be of opinion that no such statement giving sufficient particulars and in sufficient time shall have been delivered and that the Corporation have been prejudiced thereby the tribunal shall have power to decide whether the claimant’s costs or any part thereof shall be borne by the claimant :
(2) Provided that it shall be lawful for any judge of the High Court to permit any claimant after seven days’ notice to the Corporation to amend the statement in writing of the claim delivered by him to the Corporation in case of discovery of any error or mistake therein or for any other reasonable cause such error mistake or cause to be established to the satisfaction of the judge after hearing the Corporation if they object to the amendment and such amendment shall be subject to such terms enabling the Corporation to investigate the amended claim and to make an offer de novo and as to postponing the hearing of the claim and as to costs of the enquiry and otherwise as to such judge may seem just and proper under all the circumstances of the case :
(3) Provided also that this section shall be applicable only in cases where the notice to treat under the Lands Clauses Consolidation Act 1845 either contained or was endorsed with a notice of the effect of this section.
Huddersfield Corporation Act 1913. 45
PART IX.—EXTENSION OF BOROUGH.
71. This part of this Act shall except so far as is otherwise herein expressly provided and so far as there may be anything in the subject matter or context inconsistent therewith come into operation on the ninth day of November One thousand nine hundred and thirteen.
Provided that for the purposes of the parish burgess lists and burgess roll and other lists to be made for the borough under the Municipal Corporations Acts of the lists of county electors and the county register to be made for the county in pursuance of the County Electors Act 1888 or any Act amending that Act of the
Huddersfield Corporation Act 1913. 47
(2) In making out revising or otherwise dealing with the said lists and roll or the lists of county electors and the county register to be made for the county in pursuance of the County Electors Act 1888 or any Actamending that Act or the lists and registers of parochial electors effect shall be given so far as the circumstances require or allow to the provisions of this part of this Act.
(3) Where any difficulty arising in the year One thousand nine hundred and thirteen in giving effect to the provisions of this part of this Act can be obviated or removed by any alteration in or re-arrange- ment of or any other action affecting the said lists roll and registers that alteration re-arrangement or action so far as the same may be necessary for giving effect to the said provisions shall be made or taken by the town clerk of the existing borough or the clerk of the County Council as the case may require and the Overseers of the Poor shall render such assistance as may be requisite for the purpose of the said alteration, re-arrangement or action by the town clerk or clerk of the County Council as the case may require and that alteration re- arrangement or action shall be deemed to be authorised by the provisions in force with respect to the said lists roll and registers.
(4) Where in the opinion of the Local Government Board the circumstances so require the Local Government Board may make such order as appears to them to be necessary to give effect to the provisions of this part of this Act and may vary so far as is requisite the pro- visions in force with regard to the said lists roll and registers.
77. Subject to the provisions of the Municipal Corporations Acts with respect to the alteration of wards the following provisions shall have effect
48 Huddersfield Corporation Act 1913.
Part IX. Acts. 78. The provisions of the recited Acts and of any other Local Extension of Act (including any Local Act passed or to be passed during the present Borough.
Session of Parliament) or of any Provisional Order duly confirmed by Parhament and affecting the existing borough or the Corporation as the same respectively are in force within the existing borough at the
Huddersfield Corporation Act 1913. 49
this part of this Act) entered into or made by the Urban Council or their predecessors in relation exclusively to any part of the added area shall be of as full force and effect against or in favour of the Corporation or the borough and may be continued and enforced as fully and effectually as if instead of the Urban Council or their predecessors the Corporation had done or suffered the same or been a party thereto.
82. Subject to the provisions of this part of this Act all property vested in the Corporation at the commencement of this part of this Act for the benefit of the existing borough shall by virtue of this part of this Act be held by the Corporation for the benefit of the borough aud the Corporation shall hold enjoy and exercise for the benefit of the borough all the powers which at the date aforesaid are exerciseable by or vested in the Corporation for the benefit of the existing borough and all habilities which on the date aforesaid attach to the Corporation in respect of the existing borough shall from and after that date attach to them in respect of the borough.
83. Subject to the provisions of this part of this Act—
(1) All property and liabilities which immediately before the com- mencement of this part of this Act are vested in or attach to the Urban Council in relation exclusively to any part of the added area shall by virtue of this part of this Act be trans- ferred to and vest in and attach to the Corporation as Urban Sanitary Authority ;
(2) The Urban Council shall cease to exercise any powers or have any duties within the added area.
Extension of Borough.
Corporation to be Burial Board for borough.
Adjustment of financial relations between County and County Boroughs.
50 Huddersfield Corporation Act 1913.
1890 (except section 11 thereof) and the Notification of Births Act 1907 shall be in force in and apply to the borough as if the same had been adopted therein.
86. The Corporation shall be the Burial Board for the borough and shall have within the borough all the powers duties
Huddersfield Corporation Act 1913. 51
anything in the provisions of this part of this Act or of the said Act of 1888 any such adjustment and the determination of any matter incidental or in relation thereto or consequent thereon shall when made by the Local Government Board be deemed to be made by them other- 5 wise than as arbitrators and any arbitrator appointed by them shall be deemed to be an arbitrator within the meaning of section 62 of the said Act of 1888 and the provisions of the said Act of 1888 shall apply accordingly :
10 (a) that in lieu of subsection (6) of section 61 of the Local Govern- ment Act 1888 subsections (1) and(5) of section 87 of that Act shall apply to any enquiries which may be directed by the Local Government Board under this section
Extension of Borough.
Electoral Division and County Councillor.
Huddersfield Corporation Act 1913. 53
92. Nothing in this part of this Act shall affect the ecclesiastical divisions of any parish or shall prejudice vary or affect any interest or jurisdiction in or over any charitable endowment which now is applicable for the benefit of any existing parish affected by this part of this Act.
93. For the purposes of any election under the Local Government Act 1894 to be held for any area affected by this part of this Act the town clerk or the clerk of the County Council as the case may require shall if and when necessary cause the register of parochial electors to be altered in such manner as may be requisite to give effect to the provisions of this part of this Act.
94. For any purposes connected with the settlement and removal of the poor in relation to cases affected by this part of this Act the following provisions shall have effect (that is to say) :—
(1) Every person who at the commencement of this part of this Act has acquired or is in the course of acquiring a settle- ment in either of the existing Parishes of Longwood or Stainland-with-Old Lindley by reason of any residence completed or in the course of completion or of any act or thing done or in the course of being done or of any status condition right or privilege acquired or created or in the course of acquisition or creation—
(i) in the existing Parish of Longwood ; or (11) in the added area ; or
Extension of Borough.
54 Huddersfield Corporation Act 1913.
(2) Every person who at the commencement of this part of this Act has acquired or is in the course of acquiring a status of irremovability from the Huddersfield Union or from the Halifax Union as the case may be by reason of residence—
(i) in the existing Parish of Longwood ; or (1) in the added area; or
(iii) in that part of the existing Parish of Stainland-with- Old Lindley which by virtue of this part of this Act will form the Parish of Stainland-with-Old Lindley
shall be deemed to have acquired or to be in the course of 10
acquiring the like status by reason of residence in the first and second cases in the Parish of Longwood and in the third case in the Parish of Stainland-with-Old Lindley.
Huddersfield Corporation Act 1918. 55
Period for Repayment.
(c) For the provision of tramway rolling stock.
56 Huddersfield Corporation Act 1913.
Part X. (3) In order to secure the repayment of the money borrowed Finance. under this section and the payment of the interest thereon the Corporation may mortgage or charge
Huddersfield Corporation Act 1918. 57
(2) Any moneys borrowed under this section shall for the purposes of repayment be deemed to form part of the original loan and shall be repaid within that portion of the prescribed period which remains unexpired and the provisions which are for the time being applicable to the original loan shall apply to the moneys borrowed under this section.
(3) The Corporation shall not have power to borrow for the purpose of making any payment to a sinking fund or of paying any instalment or making any annual payment which has or may become due in respect of borrowed moneys.
(4) The Corporation shall not have power to borrow in order to replace any moneys previously borrowed which have been repaid—
(a) By instalments or annual payments: or (B) By means of a sinking fund : or (c) Out of moneys derived from the sale of land : or
(p) Out of any capital moneys properly applicable to the purpose of the repayment other than moneys borrowed for that purpose.
99, (1) The Corporation may from time to time for the purpose of providing temporarily for any current expenses that may be incurred by them in the execution of any Act of Parliament or provisional order confirmed by or under any Act of Parliament borrow by way of temporary loan or overdraft from any bank or on temporary loan on deposit receipt from any person and in either case at such rate of interest as they may determine such sum as they may from time to time resolve not exceeding in the aggregate at any time an amcunt equal to one-fourth of the total aggregate amount of the before- mentioned expenses for the immediately preceding financial year.
(2) Any amount borrowed under this section together with the interest thereon shall form a charge upon all the funds properties rates and revenues of the Corporation pari passu with all other mortgages stock or other securities affecting the same.
(3) It shall also be lawful for the to utilise for providing temporarily for any such expenses any sinking funds which they may have on hand crediting the said sinking funds with such fair rate of interest not being iess than three per centum per annum as they may resolve.
As to temporary borrowing.
Part X. Finance.
Part X. Finance,
Application of sections of recited Acts as to borrowing.
58 Huddersfield Corporation Act 1913.
(4) All sums borrowed by the Corporation under this section in respect of the current expenses of any financial year shall be repaid out of the revenue received by the Corporation in respect of such year.
(5) When the Corporation borrow money under this section—
(A) The Treasurer of the Borough shall within forty-two days after the end of each financial year furnish to the Local Government Board a special report showing precisely the operation of the powers of this section during such year and such report shall be in such form and shall contain such information as that
Board shall approve or require.
B) The Local Government Board may make such investigation as may be necessary to satisfy themselves that the requirements of this section have been complied with and if it appear to the Local Government Board by the said report or by such investigation that the Corporation have failed to comply with the requirements of this section that Board may by order suspend the operation of the powers of this section
for such period as they may think fit.
(6) The provisions of this section limiting the amount of the sums which the Corporation may borrow and the provisions of sub-section (4) of this section requiring the repayment thereof out of the revenue referred to in that sub-section shall not affect any lender or his security for the loan or overdraft and the interest thereon respectively or his right to obtain payment thereof from the Corporation.
(7) The provisions of this section shall cease to be in force at the expiration of five years from the thirty-first day of March one thousand nine hundred and fourteen unless they shall have been continued by Act of Parliament or Provisional Order made by the Local Government Board and confirmed by Parliament which Order the Local Government Board are hereby empowered to make in accordance with the provisions of the Public Health Act 1875 and in the event of that Board making any such order they are hereby empowered to
Huddersfield Corporation Act 1913. 59
Or THE HUDDERSFIELD TRAMWAYS AND IMPROVEMENT AcT 1890. Part X.
Section 35. (Sinking Funds may be adjusted in certain events.) Finance.
Section 38. (Annual return to Local Government Board with respect to sinking funds &c.)
5 Section 40. (Application of moneys borrowed.)
Or THE ACT oF 1897. Section 40. (As to Sinking Fund.)
Section 42. (Corporation not to regard trusts.)
Or THE AcT oF 1900. 10 Section 59. (As to moneys raised by Corporation stock.) Section 63. (Protection of lenders from inquiry.) Section 66. (Audit of accounts.)
Section 67. (Inquiries by and expenses of Local Government Board.)
grant gratuities in
Shelters or waiting rooms.
60 Huddersfield Corporation Act 1913.
shall not be required to moneys borrowed for the purposes (a) and (6) aforesaid or to the periods for repayment of such moneys but the said Urban District Council shall pay off all moneys borrowed by them under this section for the purpose
Huddersfield Corporation Act 1913. 61
more local newspapers once in each of two successive weeks and the proceeds thereof carried to the revenue account of the tramways under- taking.
105. Where in any legal proceedings taken by or on behalf of or against the Corporation or any officer servant solicitor or agent of the Corporation or of any committee of the Corporation under this Act or under any general or local Act for the time being in force in the borough it becomes necessary to prove the appointment or authority of any officer servant solicitor or agent of the Corpora- tion or of any committee of the Corporation or to prove any resolution or order of the Corporation or of any resolution order or report of any committee of the Corporation a certificate of such appointment authority resolution order or report purporting to be authenticated by the signature of the mayor or of the town clerk shall be prima facie evidence of such appointment authority resolution order or report without further proof of the holding of any meeting or the production of any minute book or other record or document.
106. The following sections of the recited Acts are incorporated with this Act and shall apply as if the same with the necessary modifications were set out in this Act namely :—
Or THE AcT oF 1902.
Section 56. (Authentication and service of notices. ) Section 58. (Informations by whom to be laid.) Section 59. (Compensation how to be determined.)
Section 61. (Recovery of penalties &c.)
Or THE AcT oF 1906.
Section 34. (Temporary stoppage of streets.) Section 79. (As to rating of railways for certain purposes.) Section 84. (Confirmation of bye-laws.) Section 85. (As to appeal.) Section 86. (Saving for indictments &c.) Section 87. (Powers of Act cumulative.)
Section (Crown rights.)
Evidence of appoint- ments
62 Huddersfield Corporation Act 1913.
Part XI. Judges nov 107. A judge of any court or a justice shall not be dis-
Huddersfield Corporation Act 1918. 63
The Schedules referred to in the foregoing Act.
THE FIRST SCHEDULE.
64 Huddersfield Corporation
Huddersfield Corporation Act 1913. 65
THE SECOND SCHEDULE.
AN AGREEMENT made the fourth day of December One thousand nine hundred and twelve Between the
66 Huddersfield Corporation Act 1913.
Corporation Act 1918. 67
THE SECOND SCHEDULE—contunued.
AN AGREEMENT made the fifth day of December One thousand nine hundred and twelve Between THE MayoR ALDERMEN AND BURGESSES OF THE COUNTY BorouGH OF HUDDERSFIELD (hereinafter called ‘ the Corporation ”) of the one part and Tae Urran District Counci or
68 Huddersfield Corporation Act 1913.
7. This Agreement is made subject to the sanction of and to its being confirmed by Parliament and subject to such alterations as Parliament may think fit to make therein but in the event of Pariiament making any material alteration therein it shall be in the option of either of the parties hereto to withdraw from the same.
In witness whereof the Corporation and the Council have hereunto caused their respective Common Seals to he affixed the day and year first before mentioned.
The Common Seal of the Marsden Urban District Council was affixed hereto in the presence of
ARTHUR ROBINSON Chairman. J. W. PIERCY Clerk.
The Common Seal of the Mayor Aldermen and Burgesses of the County Borough of Hudders- field was affixed hereto in the presence of
J. HENRY FIELD Town Clerk.
Huddersfield Corporation Act 1913. 69
THE THIRD SCHEDULE
AN AGREEMENT made the eighth day of November One thousand nine hundred and twelve Between THE OF THE DEANHEAD RESERVOIR (hereinafter called “the Commissioners”) of the first part THE SEVERAL PERSONS whose names and descriptions are contained in the Schedule hereunder written of the second part and THE Mayor ALDERMEN AND BURGESSES OF THE CounTY
70 Huddersfield Corporation Act 1913.
sum of ten thousand four hundred and fifty pounds together with certain arrears of interest thereon from the first day of February One thousand nine hundred and seven and are subject to other liabilities in respect of the Deanhead Water Undertaking: AND WHEREAS the several persons who are parties hereto of the second part are the owners or occupiers of mills factories or other manufacturing premises which have a fall supplied with water from the said Blackbourne Brook between its exit from the said reservoir and its junction with the River Calder: AND WHEREAS the parties to this Agreement having entered into negotiations with a view to the Deanhead Water Undertaking being sold and transferred to the Corporation without compulsion have agreed (subject to the consent approval and sanction hereinafter mentioned being obtained) to effect such sale and transfer on the terms hereinatter appearing: NOW THESE PRESENTS WITNESS that in consideration of the premises and of the mutual stipula- tions and provisions herein contained it is hereby agreed by and between the said parties hereto as follows (that is to say) :— 1. Subject to the consent of the Borough Council and of the parochial electors under the
Huddersfield Corporation Act 1918. 71
5. From and after the date when the Bill to be introduced as aforesaid shall have become an Act of Parliament and received the Royal Assent the owners and occupiers of any fall of water or mill or building occupied therewith liable to be rated by virtue of the Act of 1838 and the Act of 1841 or either of the said Acts and the said falls respectively shall thenceforth so far as the Corporation are concerned be freed and discharged from any future payment in respect of the user of water thereafter passing down the Blackbourne Stream The said sum of twelve thousand five hundred and eighty pounds shall be paid by the Corporation to the Commissioners or their Mortgagees and the purchase shall be completed within three months after the said Bill shall have become an Act and have received the Royal Assent.
6. If the Corporation shall fail to obtain the requisite approvals and consents under the Borough Funds Acts 1872 and 1903 for the promotion by them of the said Bill or shall fail to secure from Parliament within two years from the date hereof powers to acquire the said Deanhead Water Undertaking and to purchase other lands and to execute other works as mentioned in paragraph 2 hereof for the purposes there stated then and in such case this agreement and the whole of the stipulations conditions and provisions herein contained shall be null and void and of no effect whatever except as regards the provisions contained in paragraph 8 hereof.
7. The Commissioners as a corporate body and also the several persons who are parties hereto of the second part respectively will support any Bill which may be promoted by the Corporation for the purposes aforesaid and will also use their best endeavours to secure the support of all other persons or bodies interested in the said stream and (if required by the Corporation) the Commissioners and the several persons who are parties hereto of the second part respectively will also petition and appear by Counsel in support of such Bill and the individual Commissioners or at least four of them (including the chairman of the Com- missioners for the time being) will if required by the Corporation give evidence in support of such Bill.
8. The Corporation shall pay the reasonable costs of the Commissioners in connection with this agreement and also the reasonable costs incurred by the Commissioners either as a corporate body or individually for any services they or any of them may at the request in writing of the Corporation render in supporting any Bill which the Corporation may introduce into Parliament for the purposes aforesaid whether such Bill be passed into an Act of Parliament or not.
9. This agreement is made subject to the sanction of Parliament and subject to such alterations as Parliament may think fit to make therein but in the event of Parliament making any material alteration therein it shall be in the option of any or either of the parties hereto to withdraw from the same.
In witness whereof “the Commissioners ” and “the Corporation” have here- unto caused their Common Seals to be affixed and the several persons parties hereto of the
Huddersfield Corporation Act 1913.
THE SCHEDULE ABOVE REFERRED TO.
NAME OF OCCUPIER.
R. & D. Norcliffe
B. Taylor & Co. Ltd. J. &
Huddersfield Corporation Act 1913.
The Common Seal of the Greetland Dyeworks I
Company Limited was hereunto affixed in the presence of GEORGE DOUGLAS Director. ARTHUR WARD
7 4 Huddersfield Corporation Act 1913.
PREMISES OF WHICH PARTS ONLY ARE REQUIRED.
Borough or Parish.
Numbers on deposited plans.
Parish of Elland
1 to 17
Parish of Stainland - with - Old
Parish of Scammonden
79, 98, 108, 109 and 114
Huddersfield Corporation Act 1913. 75
THE FIFTH SCHEDULE.
Rules for determining adjustment of the Local Taxation Licences the Estate Duty Grant and the Residue under section 1 of the Local Taxation (Customs and Excise) Act 1890.
(1) The portion of the local taxation licences and estate duty grant payable or estimated to be payable in respect of the area of the county as it existed immediately before the appointed day shall after the appointed day be divided hetween the County Council and the Corporation and the amount payable to each shall be apportioned on the following basis :—
(a4) There shall be apportioned to the County Council an amount equal to the average annual amounts of the compulsory payments and transfers made by or on behalf of that Council in accordance with sections 24 and 26 of the Local Government Act 1888 for and in respect of the five years ending the thirty-first day of March One thousand nine hundred and fourteen less the portion of such average annual amount paid and trans- ferred for and in respect of the added area and such last-mentioned amount shall be apportioned to the Corporation: Provided that if any difficulty arises in ascertaining the sum to be apportioned in respect of any item the sum shall be divided according to the respective rateable values immediately before the appointed day of the county less the added area and of that area;
(B) Out of the balance of the said portion of the local taxation licences and estate duty grant there shall next be apportioned to the County Council a sum equal to one-half of the average annual cost during the five years preceding the appointed day of the maintenance of main roads within the county as it existed immediately before the appointed day (including any payments made in respect of the interest on or of the repayment of the capital of loans raised on account of such main roads) after deducting the amount of one-half of such cost incurred in respect of main roads within the added area and such last-mentioned amount shall be apportioned to the Corporation Provided that—
(i) If such balance is insufficient to meet the whole of one-half of the cost of such roads the amounts apportioned to the County Council and the Corporation respectively shall be reduced proportionately and
(ii) If it appear that the County Council have failed to declare any
76 Huddersfield Corporation Act 1913.
the calculation of the cost of maintenance of main roads in the county as it so existed under this rule by the inclusion of the cost of such roads as ought to have been declared to be main roads or the exclusion of the cost of such roads as ought not to have been declared to be main
HUDDERSFIELD CORPORATION ACT 1913.
To confer powers on the Mayor Aldermen and Burgesses of the County Borough of Huddersfield for the construction of Tram- ways Street Works and Waterworks to purchase the undertaking of the Com- missioners of the Deanhead Reservoir to extend the ‘Borough Boundaries