Huddersfield Improvement Act of 1871 by Huddersfield Corporation

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Page 1

34 & 35 Vict. Session 1871. Ch. cli.

THE HUDDERSFIELD

IMPROVEMENT ACT 1871.

IN DEX . Preamble. SECTION. Short title ... . 1 Commencement of Act »« 2 Interpretation of terms 8 Effect of Act as to Sir John Ramsden 4 Repeal and discontinuance of enactments &c. as in bohed ule 5

II.-Txr® Borovaex.

Confirmation of Charter and of transfer of powers of Improve- ment Commissioners Saving of rights of lord or lords of the manors of Huddersfield and Almondbury Act to extend to Borough Names of districts in Borough . .. Vesting of property of Improvement Commxssmnere Local Boards &c. in Corporation Act to be executed by Council Regulations as to committees of Council

III.-Streers.-Higxways.-Roaps.-PaArtHs.

Management of streets vested in Corporation ... Corporation to be surveyors of highways Corporation liable to indictment for want of repairs Power to pave streets &c. Alteration of level of pavements &e. Streets may be stopped for temporary purposes Power to set up posts for guarding footways .. .. Penalty for altering posts pavement &c. without consent of Corporation .. Definition of buildings in street &c Approval of new streets _...

o ol

10 11 12

18 14 15 16 17 18 19

20 21 22

85

Page 2

86

34 & 35 Vict. Huddersheld Improvement Ch. ch.

Act 1871. SECTION. Notices &e. of new streets 23 Time for approval ... 24 Effects of approval... 25 Duration of approval as to public streets 26 Duration of approval as to private streets 27 Measurement of width of new streets _... 28 Width of carriage roads -... 29 Barriers in new streets of insufficient width _ ... 30 Width of new streets not carriage roads 31 Power for reduction of width in certain cases _... 32 Back streets to be laid out 33 Carriage and Footway | ... 34 Intersecting streets 35 Entrances to streets 36 Power to vary direction of streets &e. _... 37 Works for drainage of new streets 88 Notice of irregularity | ... .. 39 Penalties for breach of rules as to notices plans &e. of new streets ... 40 Power to cause certain streets and courts to be sewered and paved &c. by owners 41 Publication of orders for sewering and paving &c. streets 42 On owner's neglect to sewer and pave &e. power to do the work at his expense ... 43 Materials in streets sewered and paved ... 44 Streets sewered paved &c. to be public highways 45 Successive exercise of foregoing powers &e. _ ... 46 Provisional acceptance of street by Corporation 47 Expenses to be new street expenses 48 Restriction on acceptance by Corporation 49 Corporation may agree for making of roads _ ... 50 Corporation may agree as to building of bridges over canals, &e. 51 Power to require alteration of levels of streets 52 Power to repair footways ... 53 Power to define streets _ ... 54 Exemption of incumbent or minister of church chapel &e. from new street expenses | ... 55 Power to stop up highways where unnecessary ... 56 Power to purchase buildings or lands for effecting street improvements ... 57 Houses and buildings in streets being carriage-ways -... 58 Where buildings taken down power to take land to improve street ... 59

Page 3

34 & 35 Vict. _ Huddersheld Improvement Ch. c. 87

Act 1871. SECTION. Elevations of buildings erected on front land to be subject to approval of Corporation 60 Land thrown into streets to be public hlghwav 61 Buildings may be set forward for improving line of streets _ ... 62 Projecting houses when taken down to be set back _ ... 63 Projections over highways I 64 Future projections of houses &c. to be removed on notice | ... 65 Corporation may cause existing projections to be removed and compensation to be made _ ... 66 Doors and gates not to open outwards _... 67 Cellars not to be made under or steps project into streets 68 Cellar openings to be covered or secured 69 Regulations as to sockets ... 70 Hoards to be set up during progress of bulldxnge 71 No hoard to be put up without consent . 72 Penalty for not lighting deposits of burldmg materials or excavations | ... .. 78 Fencing of land unbuilt on 74 Lines of hoards _ ... 75 Names of streets on Ramsden property .. 76 Power to name streets and names to be put up and houses to be numbered ... }. T7 Reglster of alteration in names of streets 78

IV.-NzEw SprEEts.-ImrprovyEmENTs oF StrEEts.-REBUILDING or Brinor.

Power to make new streets described _ ... 19 Power to stop up part of Rashcliff Road 80 Power to widen streets described .. 81 As to approach road to canal warehouse of London and North Western Railway Company .. 82 For protection of Huddersfield Canal at Engine Bmdae 83 As to compensation to London and North Western Railway Company }. }. (. }. .. 84 Power to make minor works connected With new streets 85 Alterations of sewers gas and water pipes 86 Removal of graves at St. Peter's Church 87 Agreements with Sir John Ramsden for streets 88 Removal of Long Bridge and construction of a new bridge -... 89 Contribution by the wapentake of Agbrigg and Morley towards

new bridge | ... 90 Approval by West R1d1ng Surveyor of works at Loner Bridge -

and Englne Brldge a ¢ o LAA} LM AJ a ¢ ¢ A A j a # & 91

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88

34 & 35 Vict. Huddersfield Improvement Ch. cli. Act 1871. SECTION. Cesser of liability by wapentake as to Long Bridge 92 Liability for repair and maintenance of new bridge and approaches | ... 93 Contribution by Sir John Ramsden . 94 Crossing of Colne during construction ... 95 Power to deviate from levels &e. 96 Time for completion of works 97 Corporation to reinstate pipes of the Huddergfield Gas Company 98 Corporation to make good damage to Gas Company, and to compensate all parties for loss by interference with mains 99 V.-Burromos. New buildings 100 Measurement of front elevation 101 Height of buildings in street 102 Notices plans &e. of new building 103 Approval or disapproval by Corporation ... 104 Effect of approval ... 105 Duration of approval 106 Thickness of walls ... 107 Materials of external walls 108 Woodwork in external or party walls 109 Roofs .. 110 Construction of chimneys ... 111 Construction of fireplaces... 112 Construction of buildings over roads 113 Construction of chimney shafts 114 Construction of chimneys for trade 115 Raising of chimneys 116 Construction of ovens | ... 117 Space in front of dwelling houses 118 Passage between yards of back-to-back houses ... . _ 119 Houses in pairs _ ... .. 120 Open space about dwellings . 121 Certain dwelling-houses excepted... a 122 Continuance of open space 128 Continuance of space for old dwelling-houses .. 124 Buildings in new streets =... .. 125 Height of rooms _ ... .. - 126 Windows in rooms... . _ 127 Ventilation of public buildings . .. 128 Construction of buildings for public amusement &e. ... .. _ 129

Ventilation of habitable rooms

* & ¢ ® 6 ® * 6 # LM M # % ¢

130

Page 5

84 & 35 Vict. Huddersheld Improvement Ch. clu.

Act 1871. SECTION. Prevention of damp from foundations -... .. _ 181 Areas to be open _... .. _ 182 Level of ground floors _ ... ... _ 188 Drainage of buildings .. -- 184 Occupation of new houses... 185 Construction of house drainage ... .. _ 186 Ventilation of house drainage | ... 2. 2. -- 137 Drainage of subsoil l.. _ 188 Construction of waterclosets ... _ 189 Earth-closets may in certain cases be constructed instead of waterclosets .. _ 140 Construction of cesspools ... 2.200 141 Certain waterclosets to be constructed in factories .. - 142 Construction of ashpits _... .. _ 148 Prohibition of thatch 114 Restrictions as to pipes and funnels for conveying smoke 145 Power to vary details of buildings &c. _... ... _ 146 Power of inspection 147 Survey on completion of works _... .. _- 148 Notice in case of irregularity | ... 149 Penalties relative to new buildings ... _ 150 Respecting existing contracts for building 2.00 151 Alteration of contracts for buildings _ ... by

VI.-Byr-Laws as to StrEEts axp BuiuppIxnGos.

Power to make bye-laws with respect to streets, new buildings,

&c‘ a * ¢ * a % a * & a ¢ ® M M a e o ® a * a «0% % Power to make bye-laws with respect to new and old buildings Provisions in bye-laws for notices &c. _...

VII.-SEwErs.-Santtary ArranormExnts.

Sewers and works vested in Corporation... Power'to construct sewers within or beyond Borough ... Disposition of sewage | ... Contract for supply of sewage _ ... Power to deal with land appropriated to sewage purposes | ... Nothing in Act to authorise a nuisance ... Prohibition of throwing injurious matter into sewers &c. Power to enlarge or demolish sewers _ ... Compensation for works connected with sewers... Penalty for making unauthorised drains ..

Buildings over sewers not to be made without consent of Corporation _ ...

158 154. 155

156 157 158 159 160 161 162 163 164 165

166

89

Page 6

90

34 & 35 Vict. -_ Huddersfield Improvement Ch. clu.

Act 1871.

SECTION.

Sewers may be mude by owners and occupiers of land beyond Borough . .. Deduction from rate for bmldmg suffiewntly dr amed Penalty on throwing rubbish into sewers... All sewers to be covered with traps a .. Corporation may require owners of houses to provxde privies and ashpits for the same Drains privies &c. to be under control of Corporatxon Connection of drains with sewers.. Provisions respecting construction of drains .. Power to enter and inspect premises to ascertain state of dramage Power to sewer authorities to combine _... Power for Corporation to execute works in adjoining places Powers of Act cumulative... Power to provide for collection of mghteofl Occupiers to cause footways to be swept... Power to appoint or contract with scavengers Dirt collected by scavengers vested in Corporation Penalties on otherpersons than scavengers emptying privies Penalty on Corporation for not causing privies to be emptied... Charge for emptying ashpits .) Power to make bye-laws for regulations of scavengers ... Public privies and urinals .. Urinals attached to public houses Power to deal with nuisance on premises partly mthm and partly without Borough Cleansing watercourses forming boundaries of Borough Buildings unfit for habitation .. Restrictions in use for dwellings of underground rooms Exemption of certain Railway buildings from operation of Act Quantity of air for lodgers Regulations as to lodging houses ... ee vk. VIII.-PrortEcrtion or Works. Saving for sluice canals &c. ©. .) .. Sewage works affecting Railways &e. to be executed to same- faction of engineer of Company affected Works interfering with improvement of rivers &e. referred to arbitration Effect of arbitration sek u}. Power for Company to alter sewers . Preserving water rights of Companies or méhnduale Arbitration questions under preceding sections ...

167 168 169 170

171 172 173 174

175 176 177 178 179 180 181 182 183 184 185 186 187 188

189 190 191 192 193 194 195

198 199 200 201 202

Page 7

34 & 35 Vict. Huddersfield Improvement Ch. cli.

Act 1871. SECTION. IX.-Li1cnting. Power to contract for supply of gas .. - 208 Power to agree for purchase of gas undertakings 2. - 204

X.-Parcks.-Towx Hart axp Posuuc Bormnptnas.-TELEGRAPHS.- C1ocks.

Power to purchase lands for formation of parks and to form

parks =... }. 2. - 205 Power to make bye-laws for xecrulzmon of parks ... _ 206 Power to provide town hall courts gaols &c. _ ... 2. - 207 Power to establish telegraphs _ ... 2.2 _ 208 Power to provide public clocks _... ... _ 209

XI.-Lisrariss.-MusEunrs.-Scxoous or ScIENCE aANp Art.

Power to establish public libraries .. _- 210 Management of libraries &c. 2.200 211 Libraries &c. to vest in Corporation | ... 2.200 212

XII.-Pusi1c Batus anrp Wasx-nouses &c.

Power to provide baths &c. 26. 2.0 - 218 Power to make bye-laws for regulation of baths &e. _... 2.200 214 Recovery of charges at wash-houses _ ... 5 Power to discontinue baths and sell buildings ... 2. - 216

Power to continue police court _... 2.200 217 Constables not to resign without leave or notice .. - 218 Penalty on constable for neglect of duty... . _ 219 Power to chief constable to suspend constables ... 220 Constables suspended or dismissed to deliver up accoutrements __ 221 Power to deduct penalties on constables from salaries ... 2.20 222 Penalty for unlawful possession of accoutrements, assumption of character of constable &e. 2.20 228 Employment of police as market officers &c. _ ... . 224 Power to police constables and persons aggrieved to apprehend certain offenders 2.200 225 Limitation of detention _ ... .}. .. - 226 Power for chief constable to take recognisances i. e 227 Form of recognisances _ ... R 220 2298 Recogmsances to be registered and returned to the Jushce ... - 229 Penalties on persons assaulting constables ... - 280

Penalty for riotous or indecent behaviour in police office }. - 281

91

Page 8

92

34 & 35 Vict. Huddersfield Improvement Ch. cli.

Act 1871.

sECTION.

XIV.-PourcE

Penalty on persons committing any of the offences enumerated Offensive trades newly established Penalty for burning bricks rags bones &e. Mad dogs ° .. . Power to seize and destroy dlaeased cattle Prohibition as to diseased cattle ... Power to medical officer of health or mapector of nuisances to inspect any animal 2. Power to impound cattle suffered to strav Penalty for pound breach . Persons having goods suspected to be stolen in possession to be guilty of a misdemeanor ... I .. Delivery of goods unlawfully pawned and in possession of brokers.. Restoration of property unlawfully pawned .> Delivery of goods charged to have been stolen or fraudulently obtained and in custody of constable Application of 23 and 24 Vict. cap. 84 (against adulteratlon of food &c.) Penalty for injury to churches . Street musicians to depart when desired to do so Regulation for preventing obstruction in streets during public processions &e. Power to regulate route of carriages durmg divine service Waste land to be fenced ... 2. Dangerous places to be repaired or enclosed

XV.-Sxoxr.

Penalties for non-consumption of smoke

XVI-FIRE.

Power to provide for police stations Power to provide fire-engines firemen &c. Discharged firemen or servants may be turned out of possession of houses Power to enter and break open premises in case of fire Power to send fire-engines out of Borough Captain of fire brigade to have control of operations Penalties as to chimneys on fire . Restriction on making of fireworks .. }. Execution of licensing powers as to gunpowder, petroleum &c.

282 283 234 28385 286 2837

2838 289 240

241

242 2483

244.

245 246 247

248 249 250 251

252

253 254

255 256 257 258 259 260 261

Page 9

34 & 35 Vict. Huddersfield Improvement Ch. ch.

Act 1871. Grouxnp axp MortuariEs. Transfer of burial ground to Corporation .. - 262 Power to provide places for reception of corpses ... - 268 Power to remove corpses to places provided _ ... 264

Hous®s &c.

Regulations respecting coffee shops &e. ... 2.00 265 Keepers of cookshops &c. making internal communications

with public house ©. (. a ... _ 266 Places for dancing music and other pubhc entertammenta .. - 267 Penalties on brothel keepers &e. ... 2.200 268 Power to enter upon unlicensed theatres &c. ... .. _ 269 Regulation of shows caravans &e. .. - 270 Ix Maring StorEs. Power to license dealers in marine stores .k 271 Power to make bye-laws as to dealers in marine stores... 2k 272 Licenses may be suspended or revoked ... 278 Penalty on persons carrying on business without heense ere" Staor Carrtagrs.-PortErs' Carts. - PortErs ano DrrvErs. Power to license hackney carriages and porters' carts and drivers .. 6s kk = 275 Prohibition of use of carnagea Without hcense 2200 276 Prohibition of unlicensed persons acting as dm ers | ... ke 277 Power to make bye-laws as to hackney carriages and porters' carts and drivers 2.0 278 Penalty for fraudulent use of numbers 2.2 - 279 Agreement for less than fare binding on driver .. _- 280 Agreement for more than fare not binding on hirer _ ... 2.00 281 Agreement for discretionary distance _ ... 200 282 Penalty for demand of excessive fares _... 22 _ 288 Drivers not to act without consent of proprietors 2.0 _- 284 Penalty on driver for misconduct 2. _ 285 Penalty on driver for obstructing streets ... - 286 Proceedings where carriage left in street 2}. ey Liability of proprietor to compensation for damage done by driver ... . ... _ 288 Endorsement of conthxon of dmver on 11081188 .. _ 289 Compensation to driver acquitted .. _ 290

Recovery of Fare ... 2.0 291

93

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94

34 & 35 Vict. Huddersfield Improvement Ch. cl.

Act 1871. SECTION. Penalty for injury to carriage or cart 292 Power to make bye-laws as to omnibuses carts &c. 298 Power to make bye-laws as to porters and drovers 294 XXI. -MIscrtrax®rovus. Provisions respecting South Crosland _ ... 295 Distinct accounts to be kept . 296 Apportionment of expense between districts 2. 297 Power to take land and money for charitable and pubhc purposes - 298 Proceedings to prevent injury to streams 299 Power to establish temporary hospitals . 800 Section 142 of " The Towns Improvement Clauses Act 1847 " to extend to this Act ... 801 Power to regulate scales beams &e. 802 XXII.-ExrEcutio® or Works GENERALLY. Power to execute works in default of person liable 8303 Power to enter and inspect .. .. 304 Penalty on occupiers opposing execution of Act 305 Occupier in default of owner may execute works and deduct; expenses from his rent 806 Power to keep materials 807

XXIII.-Rrcovery or NEw StreEr axp ornxEr ExpExsrs.

Recovery of new street and other expenses from owners and others ... ©}. Expenses to be a charge on lands as if mortgafled Extent to which occupier liable in default of owner Power to enter into possession where owner fails to pay hm proportion of new street or other expenses Application of rents and profits received 2}. Right of Corporation to rents to exclude that of owner Saving for special contracts as to expenses of works Power to allow time for repayment of new street expenses &c. Persons having partial interests may raise expenses by mortgage

Same rules to apply as to works previous to Act Incorporation of general Acts _ ... ©.

Owner may be required to sell parts only of certam houses Power to take lands . Correction of errors omissions &c. . Provision as to houses of labouring classes

8308 309 310

811 312 313 314 315 316 8317

318 319 820 821 822

Page 11

84 & 35 Vict. Huddersfield Improvement Ch. cl.

Act 1871. _ SECTION. Time for compulsory purchase ». 828 Power to take additional lands by agreement 824 Power to agree for easements .. 825 Power to grant building leases of lands near park 326 Power to make agreements as to building leases 827 Sale of land subject to building leases 328 Power to sell without previous grant of buil dmcr lease 829 Sales to be made within limited time 830 Power to sell lands not wanted 331 Application of purchase money of land ... ... _ 882 Lands in certain cases not to be sold without consent of Treasury 333 XXV.-Borover axon Other provisions as to Borough Fund and Rate excluded 834 Borough Fund 385 Power to levy Borough Rate 836 Distinct estimates for sewers 837 Separate accounts for districts 838 Borough Rate to vary according to dlstmets 339 Rates may be prospective or retrospective 8340 Assessments for tithes railways &c. in certain cases 341 Power to rate owner instead of occupier in cases described 342 Value of property to be ascertained according to poor rates 343 Power for council to inspect parish rate books ... 844 Assessment to rates in case of unoccupied premises 2. - 845 Apportionment of rates between outgoing and incoming tenants _ 846 If poor rates considered an unfair criterion a valuation to be made a () 847 Power to valuer to enter and examine lands for purpose of valuation 348 Form of rate }. 849 Owner may be rated without stating his name ... 350 Notice of rate to be given . 851 Rate to be open to inspection of ratepayers 852 Power to amend rates __ 858 Persons aggrieved by inequality of rate may apply to Councfl 854 Rates may be recovered by action or distress 855 Rates made for a certain period to be apportioned 356 Recovery of rates from persons removing... 857 Reduction of remission for poverty 358 Rate-books to be evidence... 359 Produce of rate to be carried to Borough fund 360

95

Page 12

96

34 & 35 Vict. Huddersfield Improvement Ch. cl.

Act 1871. SECTION. XXVI.-BorrowIna Powsrs. Power to borrow to specified amount _ ... 8361 Gteneral borrowing power... . 362 Saving for Waterworks Act 363 Power to make lands security 864 Transfer to Borough Fund 8365 Payment of existing charges . 866 Power to Public Works Loan Commissioners to lend money . 867 Protection of lenders from inquiry 368 Power to re-borrow 369 Application of money borrowed 870 Saving for existing charges 871 Regulations as to mortgages 372 Transfers of mortgages .. 3783 Repayment of money borrowed on mortgagc 2.0 _- 874 Power for mortgagees to obtain a receiver 875 Accounts open to mortgagees 376 Power to raise money by annuities 877 Price of annuities 378 Register transfer &c. of annmhes 879 Coupons for interest on mortgages 380 Payment of coupons .. ... _ 881 Power to Corporation to arrange with mortgagees and annuitants .. 382 Consents to arrangements... 383 Restriction on redemption of annuities 384 XXVII. Regulations as to bye-laws 385 Existing bye-laws continued for a time ... 386 XXVIII.-SerttuEmeExt or DispurtEs.-ArBITRATION. Settlement of disputes as to compensation 387 Mode of arbitration 8388 XXIX.-QuartEr Srssions. Appeal in cases of summary conviction against orders of justices or against rates 389 XXX.-GEnERAL. Provisions of 11 and 12 Vict. c. 48 applicable to this Act ... - 890 Punishment of abettors _... ... - 391 Penalties on repetition of offences .. 2. 392 Proceedings when offender refuses to state 1113 name ... ... - 893

Page 13

34 & 85 Vict. Huddersheld Improvement Ch. cL.

Act 1871. SECTION. Evidence of previous conviction ... 394 Damages and charges in cases of dispute to be settled by Justices 3895 Saving for indictments 396 Regulations as to distress ... 397 Contents of summons 398 Power to order prosecutions 399 Application of penalties in certain cases 400 Application of penalties inflicted on Corporation .. 401 Proceedings not to be quashed for want of form or removal by certiorari =... ... 402 Validity of warrants of commitment 403 Justices &c. not disqualified from acting 404 Persons entering into contracts with Corporation not dlsquahfied as members of Corporation ... 405 Validity of meetings of Council ... }. 406 Continuance of and power to appoint officers and servants 407 Penalty on officer or servant taking unauthorised fees .. 408 Accounts of receipts ... _ 409 Power to contract for works 410 Power to compound with contractors }. . 411 Penalty for obstructing persons employed in execution of Act 412 Penalty on pulling down notice boards ... 413 Penalty on workmen &c. ... 414 Damage by mining works ... Cool.. 415 Penalty on occupier refusing to give name of owner 416 Form and service of notices by Corporation 417 Service of notice on Corporation ... 418 Hours for notices . 419 Plans to be property of Corporatlon 420 Books and papers of Corporation on death of oficers a- 421 Proof of debt in bankruptcy 2.0 422 Plaintiff not to recover without notice or after tender of amends 428 Forms in Fifth Schedule authorised 424 Savings from effect of repeals 425 Saving rights of the Huddersfield Gas Company 426 Saving general rights and remedies of Corporation 2.20 427 Copies of Act with index to be kept and sold _... .. - 428 Expenses of Act 429

SCHEDULES.

97

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98

Preamble.

11 & 12 Vict. o. cxi.

34 & 35 Vict. Huddersfield Improvement Ch. cl. . “ Act 1871.

AN

A C T

for defining and extending the Powers of the Corporation of Huddersfield in relation to the Management of Streets in the Borough, and to Sewerage, and to Police, and other matters of Local Government; and for other purposes.

[ROYAL ASSEXNT 24tx JULY, 1871.]

WHEREAS in 1848 an Act was passed for better paving, lighting; watching, sewering, draining, cleansing, and otherwise improving the town and neighbourhood of Huddersfield in the west riding of the county of York, for maintaining an efficient police there, and for removing and preventing nuisances and annoyances therein (which Act has the short title of the Huddersfield Improvement Act, 1848, and is in this Act referred to as the Improvement Act of 1848) :

And whereas by the Improvement Act of 1848, commissioners, named the Huddersfield Improvement Commissioners, were incor- porated, and were empowered to carry the Act into execution :

And whereas the Improvement Act of 1848 comprised parts of several hamlets in the township of Huddersfield :

And whereas subsequently other parts of the same township and parts of adjoining or neighbouring townships were formed into local board districts under the Public Health and Local Government Acts :

And whereas by charter or letters patent under the Great Seal of the United Kingdom, dated the seventh day of July one thousand eight hundred and sixty-eight, the inhabitants of the township of Hud- dersfield and of other adjoining or neighbouring townships and districts, including the local board districts herein-before referred to, were incorporated by the name of the Mayor, Aldermen, and Burgesses of the Borough of Huddersfield (in this Act called the Corporation) :

And whereas by an indenture dated the tenth day of October one thousand eight hundred and sixty-eight the Huddersfield Improvement Commissioners transferred to the Corporation all their rights, powers, estates, property, and liabilities :

And whereas by the Local Government Supplemental Act, 1869, it was, among other things, recited to the effect (section 3) that at the time of the granting of the charter of the borough the Local Govern- ment Act, 1858, had been adopted within the districts therein

Page 15

$4 & 35 Vict. - Huddersfield Improvement Ch. cli. Act 1871.

mentioned which were within the limits of the area incorporated by the charter, and that the powers, authorities, duties, properties, and liabilities of the local boards of those districts had respectively ceased and determined, and had become vested in the council of the borough :

And whereas by the same section, after further recitals relative to the hamlet of Fartown and the district or division of Dalton, respectively situated within the incorporated area of the borough, and respecting the adoption of the Local Government Act, 1858, in and for the hamlet and district respectively, it was enacted to the effect that the Corporation by the council should be the local board for the hamlet and district respectively as districts under the Local Govern- ment Act, 1858, and that the council should have within those districts respectively all powers and authorities which a local board might have and exercise in a district duly constituted under the Local Government Act, 1858:

And whereas by the same Act it was further recited to the effect (section 4) that the local boards for the several districts within the area of the borough had by force of the enactments therein mentioned become merged and incorporated in the council of the borough, and that the council had become for each district the local board for the same, and then acted for each of such districts respectively, and kept separate accounts, and levied separate rates for each of them, and that the said indenture of trausfer of the tenth day of October one thousand eight hundred and sixty-eight had been made, and that it was expedient that all the powers of the local toards of the said several districts, and of the Huddersfield Improvement Commissioners, should be exercised by the council of the borough in the name of the council only, ~ without adding any other designation whatever :

And whereas by the same section it was enacted to the effect that the council should be the local board of health for each of the districts comprised in the borough, and should or might in all matters and things in relation to each and any of the said districts, and in relation to the district and powers of the Improvement Act of 1848, be described by the name of the Council of the Borough of Huddersfield without any other designation whatsoever, and that the council might appoint and remove officers as therein mentioned, and might apportion and charge the salaries and expenses of all and any of them to the several districts or divisions aforesaid in manner therein mentioned :

And whereas it is highly inconvenient for the borough that there should be in force therein a variety of provisions affecting the im- provement and government of the borough, or of its several districts, and the health and comfort of the inhabitants thereof, comprised in different Acts not uniform in language and sometimes conflicting in and it is therefore expedient to consolidate enactments in force relative to the improvement and government of the borough and its several districts, and to simplify and amend them :

And whereas it is expedient at the same time to extend in various respects the powers of the Corporation relative to matters comprised in those enactments, and to other matters of local management :

And whereas it is expedient that the Corporation be empowered to make various new streets and improvement of streets in the borough :

Preamble.

99

Page 16

100

SOC. 1“3‘

Short title.

Commence- ment of Act.

Interpreta- tion of terms.

$4 & 35 Vict. _- Huddersfield Improvement Ch. cL. Act 1871.

And whereas it is expedient that further borrowing powers be conferred on the Corporation, and that better provision be made respecting securities for and other matters relative to moneys already borrowed by the Corporation, and the various other local authorities herein-before referred to :

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

And whereas plans and sections describing the lines, situations, and levels of the intended new streets, and improvements of streets and other works, and plans describing the lands intended to be taken compulsorily for the purposes of this Act, and a book of reference to those plans containing the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of lands in the line of the proposed works, or within the limits of deviation as defined on the plans, and of the other lands described on the plans, and further describing all those lands, have been deposited with the clerk of the peace for the west riding of the county of York (which are in this Act referred to as the deposited plans, sections, and book of reference) :

MAY IT THEREFORE PLEASE YOUR MAJESTY

that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows; (that is to say),

I.-PRELIMINARY.

1, This Act may be cited as The Huddersfield Improvement Act, 1871.

2. This Act shall commence from and immediately after the thirty- first day of August one thousand eight hundred and seventy-one.

3. In this Act- The term "the borough" means the municipal borough of Hud- dersfield, and the terms "the Corporation," "the Mayor," " the Council," "the watch committee," "the sanitary com- mittee," "the town clerk," "the treasurer," "the officer of health,"" "the surveyor," "the borough fund," and "the borough rate," mean respectively the mayor, aldermen, and burgesses of the borough, and the mayor, the council, the watch committee, the sanitary committee, the town clerk, the treasurer, the officer of health, and the surveyor for the time being of the borough, and the borough fund and borough rate of the borough : The term "sanitary inspector" includes smoke inspector, officer of health, and inspector of nuisances : The term includes any assistant surveyor, appointed or approved by the Corporation : The term "the Municipal Corporations Acts" means the Act of the session of the fifth and sixth years of King William the Fourth (chapter seventy-six), "to provide for the regulation "of municipal corporations in England and Wales," and all Acts for the time being in force amending the same, or other- wise relating to municipal corporations in England :

Page 17

84 & 85 Vict. Huddersfield Improvement Ch. cl. 101 Act 1871.

The term "the west riding" means the west riding of the county - Sec. 3 of York :

The term "the Improvement Act of 1848" means the Hudders- field Improvement Act, 1848 :

The term "person" includes an incorporated company and a corporation aggregate or sole :

The term " justice" means a justice of the peace for the borough :

The term "two justices" means two or more justices assembled and acting together in petty sessions for the borough, or any stipendiary justice acting for the borough or for the west riding :

The term " court of quarter means the court of general or quarter sessions for the west riding, or that for the borough, if and when the borough has a separate court of general or quarter sessions :

The term "street" applies to and includes any highway and any road, public bridge (not being a county bridge), lane, footway, square, court, alley, passage, whether a thoroughfare or not, and the parts of any such highway, road, bridge, lane, footway, square, court, alley, or passage within the borough, whether made before or after the commencement of this Act :

[The Act of 1876 (which is to be construed with this Act) contains the following definition of " street" (section 4) :

The term "street" shall apply to and include any highway and any public bridge (not being a county bridge), and any road, lane, footway, square, court, alley, passage, whether a thorough- fare or not, and the parts of any such highway, road, bridge, lane, footway, square, court, alley, or passage within the Borough, whether made before or after the commencement of the Improvement Act of 1871.]

The term "court" means the whole or any part of any court, alley, entry, passage, yard, way, or place made before or after the commencement of this Act, and used with or appurtenant to two or more dwelling-houses :

The term "owner'' means the person who for the time being receives the rackrent of the lands with reference to which that term is used, whether on his own account or under or by virtue of any mortgage or charge, or as agent or trustee for any other person, or who would so receive the same if the lands were let at a rackrent, and includes every successive owner from time to time of the lands for any part of the time during which the enactment wherein that term is used operates in relation to such lands :

The term "occupier" means the person for the time being in actual occupation or possession of the lands with reference to which that term is used :

The term means a drain, pipe, channel, or gutter made or used for the drainage of one building only, or of buildings or lands within the same curtilage :

The term "sewer'' means a culvert or channel for the passage

of water, sewage, or refuse, not being a drain as in this Act defined :

Page 18

102 84 & 35 Vict. Huddersfield Improvement Ch. ch. Act 1871.

Sec. 4-7 The term "water rent" includes every sum of money payable to the Corporation for a supply of water :

The term " slaughter-house" includes a knacker's yard and any building or place used for slaughtering animals for sale :

The term "cart" includes any vehicle made or used for the conveyance of goods, commodities, or chattels in a street :

The term "carriage" includes any vehicle of what nature soever made or used for the conveyance of persons in a street:

The term includes horses, asses, mules, sheep, goats, and swine:

The term "article" includes any commodity, and also any animal comprised in the definition of cattle in this Act :

The term "driver" means the driver, conductor, or carter of a carriage or cart:

[The Act of 1876 (which is to be construed with this Act) contains the following additional definition (section 4) :- The terms "lands" and "premises" shall apply to and include messuages, buildings, lands, easements, and hereditaments of of any tenure.]

And in this Act, and in any act incorporated wholly or in part with this Act, the term "superior court" or "court of competent jurisdiction " shall have effect as if the debt or demand with respect to which it is used was a common simple contract debt, and not a debt or demand created by statute.

Effect of Act - 4, 'The provisions of this Act mentioning or relating to Sir John I. to 31” J°B" Ramsden shall be deemed to extend and apply not only to the present amsden. baronet, Sir John William Ramsden, his heirs and assigns, but also to the person or persons for the time being in receipt of or entitled to the rents and profits of the estates in the borough from time to time subject to the uses for the time being subsisting of the will of Sir John Ramsden, Baronet, deceased, or of any settlement or resettlement thereof, or of any Act of Parliament relating to the same, and the trustees and trustee for the time being acting under such will, settlement, resettlement, or Act.

Repeal and 5. From and after the commencement of this Act, but subject to discontinu- «

ance of enact. the provisions of this Act, the enactments described in Part I. of the ments, &c. as first schedule to this Act shall be repealed, and those described in in schedule. Part 11. of the same schedule shall cease to apply to the borough.

II.-THE BOROUGH.

Confirmation - @, The charter of incorporation of the borough dated the seventh 2g (2331222 3g day of July one thousand eight hundred and sixty-eight, and the powers of indenture dated the tenth day of October one thousand eight hundred Improvement and sixty-eight, whereby the Huddersfield Improvement Commissioners

Commission- transferred to the corporation all their rights, powers, estates, property,

ers. and liabilities, are hereby confirmed. Saving of 7. Provided always, that nothing in this Act, or in the charter of rights of lord

or lords of incorporation recently granted to the town of Huddersfield? contain‘ed the manors of Shall extend to or be deemed, construed, or taken as in anywise Huddersfiela extending to extinguish, prejudice, diminish, affect, or disturb, or as find Almond- authorising anything to be done, or omitted to be done, so as to ury.

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34 & 35 Vict. Huddersheld Improvement Ch. ch. 1083 Act 1871.

extinguish, prejudice, diminish, affect, or disturb any right, privilege, Sec. 8-11 franchise, incorporeal hereditament, or profit belonging to the lord or lords of the manors of Huddersfield and Almondbury respectively for the time being, or belonging to the person or persons for the time being in receipt of or entitled to the rents and profits of the estates from time to time, subject to the subsisting uses of the will of Sir John Ramsden, Baronet, deceased, or of any settlement or resettlement thereof, or of any Act of Parliament relating to the same, or reserved or conferred by the Act of Parliament passed in the 7th 7 &g 8 a. 4. and 8th years of the reign of King George the Fourth, intituled c. Ixxxiv. " An Act for supplying with water the town and neighbourhood of " Huddersfield in the west riding of the county of York," or by the Act of Parliament passed in the 8th and 9th years of the reign of Her g g g yi,} present Majesty, intituled "An Act to alter, enlarge, and amend an o |gx, __ " Act for supplying with water the town and neighbourhood of " Huddersfield in the west riding of the county of York," or by " The Huddersfield Improvement Act, 1848," or any of them, save and except the privilege conferred by the sixteenth section of the said last mentioned Act on the lord of the manor therein referred to, to nominate and appoint three commissioners to act under the provisions of that Act, which privilege the lord of the manor has consented to waive, but such rights, privileges, incorporeal hereditaments, and profits respec- tively, save as aforesaid, shall remain, continue, and be used, exercised, enjoyed and taken in the same manner in all respects as if this Act had not been passed and the said not been granted.

8. This Act shall (except where it is expressly provided otherwise) Act to extend apply to and within the borough exclusively. to borough.

9. The districts of the borough for the purposes of this Act are Names of those described in the second schedule to this Act, and they or some Gistricts in of them are mentioned in this Act by the respective names in the first column of that schedule given.

10. From and after the commencement of this Act the following Vesting of property shall be and the same is hereby vested in the Corporation ; property of

(namely,) Improvement ' - > Commission. All property which at the date of the said indenture of transfer of ers, local

the tenth day of October one thousand eight hundred and sixty- boards, &c. in eight was vested in the Huddersfield Improvement Commissioners ;: Corporation.

A)l property which at the respective dates when the Corporation became the local board for the several districts in the borough was vested in those respective local boards :

All property which at the date of the Local Government Supple- mental Act, 1869, was vested in the surveyors of highways for the hamlet or division of Fartown and for the district or division of Dalton respectively : '

But nothing in this section shall prejudicially affect any dealing with the property aforesaid, or any part thereof, subsequently to the respective dates aforesaid.

11, This Act shall be carried into execution by the Corporation Act to be acting by the council, and according to the Municipal Corporations executed by Acts and other laws for the time being affecting the Corporation, and council with all the rights, powers, privileges, and authorities conferred by those Acts and laws on the Corporation and on the council and committees of

Page 20

104

84 & 85 Vict. Huddersheld Improvement

Act 1871.

Ch. cl.

Sec. 12-16 the council, and the officers, agents, and servants of the Corporation,

Regulations as to com- mittees of council.

Management

of streets vested in Corporation.

Corporation to be sur- veyors of highways.

Corporation liable to indictment for want of repairs.

Power to pave streets, &e.

with respect to matters provided for, by, or comprised in the Municipal Corporations Acts, and as nearly as may be in all respects as if the powers, duties, and property vested in, imposed on, or enjoyed by the Corporation by or uuder this Act were vested in, imposed on, or enjoyed by them by or under the Municipal Corporations Acts.

[See Act of 1876 s. 8; Act of 1880 s. 9; Act of 1882 s. 8.]

12. Where, under the authority of the Municipal Corporations Acts, the council a? point out of their own body any committee for the execution of any of the purposes of this Act, they may delegate to each such committee such of the powers and duties of the Corporation under this Act as the council think fit for the purpose of carrying into effect any specific orders of the council; and the acts and proceedings of every such committee within the limits of such delegation shall be deemed the acts and proceedings of the council, (or the council may appoint any committee for any purpose of this Act), so that the acts of every such last-mentioned committee shall, if the council so order, but not otherwise, be submitted to the council for approval ; and the quorum of any such committee as in this section provided for 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 any such committee, and the council may from time to time remove any members of any such committee, and appoint in the stead of them, or any of them, other members of the council; and any such committee may appoint any of its members to be a sub-committee to execute and discharge any of its powers and duties, but the acts of every such sub-committee shall, unless the council, on the appointment of the committee, otherwise direct, be submitted to the council for approval.

III.-STREETS; HIGHWAYS; ROADS; PATHS.

13. The management of all streets and courts which at the com- mencement of this Act are or thereafter become public highways, and the pavements and other materials as well in the footways as in the carriageways of such streets and courts, and all buildings, materials, implements, and other things provided for purposes of highways by

surveyors of highways, or by the Corporation, shall belong to the Corporation.

14. The Corporation exclusively shall be the surveyors of high- ways, and (subject to the provisions of this Act) shall have all such powers and authorities, and be subject to all such liabilities, as any surveyors of highways are invested with or subject to by virtue of the laws for the time being in force, and the inhabitants of the borough shall not, in respect of any lands within the borough, be liable to the payment of any highway rate or other payment in respect of the making or repairing of roads within any other part of any parish in which any part of the borough is situate.

15. The Corporation shall be deemed guilty of a misdemeanor for refusing or neglecting to repair any public highway, and shall be liable to be indicted for such misdemeanor in the same manner as inhabitants are ordinarily by law liable to be indicted in the like case.

16. The Corporation from time to time may cause all or any of the streets and courts under their management to be paved, flagged, drained, macadamisged, or otherwise made good, maintained, and

Page 21

34 & 85 Vict. Huddersfield Improvement Ch. cl. 105 Act 1871.

repaired, and the ground or soil thereof to be raised, lowered, or Sec. 17-21 altered, in such manner and with such materials as they think fit; and may flag, pave, make, and repair, with such materials and in such manner as they think fit, any footways for the use of passengers in any such street or court, making compensation to any person sustaining any damage by reason of the ground or soil of any street or court being raised, lowered, or altered.

[Provisions of this Act with respect to paving, improving, and altering levels of streets not to extend to the open space forming the approach to the Huddersfield Railway Station : s. 193 of this Act.]

17. The Corporation, for the purpose of making improvements, or Alteration of for securing proper levels or uniformity of any pavement or footway, level of pave. may raise, lower, oralter any pavement or footway, or any arch, vault, &e. cellar, or area under or adjoining to any pavement or footway, making compensation to owners and occupiers of buildings and lands for any damages or expenses sustained or incurred by them by reason or in consequence o? the exercise of the powers of this section.

[See note to previous section. The provisions of this section extended to the alteration of the roadway or carriageway and footways of any street of whatever material the same respec- tively may be formed or constructed : Act of 1882 s. 33.]

18. The Corporation may stop up a street or court, and prevent Streets may all persons from passing along and using the same, for a reasonable be stopped for time during the construction, alteration, repair, or demolition of a temporary sewer or drain, or the repair or improvement of the carriage or footway of a street or court, or the execution of any other work anthorised by this Act.

19. The Corporation may continue, or from time to time place and Power to set maintain, in any street or court under their management, any posts, UP posts for pillars, rails, bars, chains, or other fence, permanent or temporary, for giggfg the protection of passengers and traffic, or for preserving the footway 7* clear from annoyance, or for prevention of accidents, or for making the crossing of the carriageway less dangerous to passengers.

20. If any person displaces, takes up, or alters any post, pillar, Penalty for rail, bar, chain, or other fence, permanent or temporary, continued or altering post, placed and maintained in any street or court by the Corporation, or ”213m?“ &e. the pavement, flags, curbs, channel stones, or other materials of any of street or court under the management of the Corporation, without Corporation. their consent in writing, or other lawful authority, or damages any such post, pillar, rail, bar, chain, or fence, or any such pavement, flags, curbs, channel stones, or other materials, he shall be liable to a penalty not exceeding five pounds, and the Corporation may reinstate the street or court, and the thing displaced, taken up, altered, or damaged, and recover the expenses from him.

21. For the purposes of this Act, buildings and lands shall be Definition of deemed to be in a street or court when they abut on a street or court, buildings in or when only some portion of waste or unoccupied ground open to "°° the passage of the public intervenes between the buildings or lands and a street or court: Provided always, that any building or land situate within the borough elsewhere than within the Improvement Act area used by a railway company as a part of or in connexion with

Page 22

106

Sec. 22-25

Approval of new streets.

Notices, &c. of new streets

Time for approval.

Effects of approval.

34 & 85 Vict. Huddersfield Improvement Ch. cl.

Act 1871. their railway, and having no communication with any street on which

such building or land may wholly or partly front or abut, shall not be deemed to be a building or land within the intent and meaning of this enactment.

[By Act of 1880s. 73 "subject to the provisions contained in " section 193 (exemption of certain railway buildings from " operation of Act) of the Improvement Act of 1871 * * * * * buildings and lands shall be deemed to be in a street when they " abut on or have an access (covered or uncovered) to a street, or " when only some forecourt, garden, yard, or strip of waste or " unoccupied ground intervenes between any such buildings or " lands and a street."]

22, The width, level, and mode of construction of every street begun or completed after the commencement of this Act (in this Act referred to as a new street), and the materials to be employed therein, shall be subject to the approval of the Corporation.

23. Every person who intends to make a new street shall give notice to the Corporation of such intention by writing left at the surveyor's office, and shall at the same time leave there the following documents ; (namely,)

(1.) A plan of the street on a scale of not less than one inch to forty feet, showing the names of the owners of the lands through or over which the street will pass, its level, width, direction, mode of construction, and name, and its position relatively to the streets nearest to it : ~

(2.) A section of the street on the same scale, and on a vertical scale of not less than one inch to ten feet, showing the level of the then surface of the ground above some known fixed datum, the level and rate of inclination of the street, and the level and inclinations of the streets with which it will be connected.

Every such plan and every such section shall contain the name and address of the person intending to make the street, and be signed by him or his authorised agent, and shall be deemed for purposes of this Act part of the notice, and every such notice shall be accompanied by a duplicate, and every such plan and every such section shall be accompanied by a duplicate or tracing, and every such duplicate or tracing shall be retained by and shall be the property of the Cor- poration, and every such notice, plan, and section shall be delivered back to the person giving the notice, having been first stamped or otherwise marked so as to indicate the fact and date of the leaving of the notice, plan, and section at the surveyor's office; but no street made or to be made by the owner of the land over which the same shall ass for its whole length shall become a highway until such owner shall Ewe assented thereto by writing under his hand.

24, The Corporation shall approve or disapprove of an intended new street within one month after receipt of the notice required by this Act, and if they do not disapprove within that period, then at the end of that period they shall be taken to have approved.

25. Nothing in an approval by the Corporation of an intended new street shall be taken to authorise the making of the street, or the doing of anything relative thereto or in connexion therewith not

Page 23

84 & 385 Vict. Huddersfield Improvement Ch. cl. 107 . Act 1871.

specified in the approval, in any manner contrary to any of the provisions of this Act or of any bye-law thereunder.

26. If any new street approved by the Corporation, and intended Duratlo'fx Oft to be a public street, is not made and opened for public use within two (® years from the time of approval, the approval shall at the expiration ® ° of that period cease to operate, and fresh notice and approval shall, as to so much of the street as is not completed, be requisite as if notice and approval had never been given.

27. If any new street approved by the Corporation, and not Duration of intended to be a public street, is not made and completed so as to be z'pprqva}; as fit for use within three years from the time of approval, the approval 831.533 ° shall at the expiration of that period cease to operate, and fresh notice and approval 513,11, as to so much of the street as is not so completed,

be requisite as if notice and approval had never been given.

28. The width of a new street shall be taken to mean the whole Measurement space dedicated or intended to be dedicated to the public, exclusive of * with if any steps, projections, and uncovered areas, and shall be measured "°" °"*°°* at right angles to the course or direction of the street.

29. Every new street intended to be a carriage road shall be laid Width of out and formed as follows ; (namely,) carriage

roads. If intended not to exceed one hundred yards in length, it shall be laid out and formed at least thirty-six feet wide, unless a less width be in any case consented to by the Corporation :

If intended not to exceed- one hundred yards in length, but if in the opinion of the Corporation likely to be at some future time extended so as to exceed that length, it shall be laid out and formed of a greater width than thirty-six feet in case the Corporation so order :

If intended to exceed one hundred yards in length, it shall be laid out and formed of such greater width than thirty-six feet as the Corporation in each case order.

30. The Corporation may from time to time erect barriers so as to Barriers in prevent any new street from being used as a carriage road if it is of a new streets of less width in any part thereof than that required by or under this Act, insufficient and if any person throws down or damages any such barrier he shall ?3t* be liable to a penalty not exceeding fire pounds.

31. Every new street intended as the chief approach to a house or Width of new houses, but not intended to be a carriage road, shall be laid out and streets not formed as follows; (namely), carriage roads

It shall in every case be laid out and formed at least twenty-four feet wide, unless a less width be in any case consented to by the Corporation : -

If intended to exceed one hundred feet in length, or if in the opinion of the Corporation likely to be at some future time extended so as to exceed that length, it shall be laid out and formed of such greater width than twenty-four feet as the Corporation in each case order. . 82. Provided, with respect to any new street, whether intended to Pfiwe’t'f” ¢ be a carriage road or not, that where an open space is left along one Cigiy m _ side or both sides of the street in front of the houses throughout its certain cases,

Page 24

108

Sec. 33-39

Back streets to be laid out.

Carriage and foot way.

Intersecting streets.

Entrances to streets.

Power to vary direction of streets, &c.

Works for drainage of new streets.

Notice of irregularity.

84 & 35 Vict. Huddersheld Improvement Ch. cl. . Act 1871. ~

entire length, or the street is not the principal or only approach to the dwellings therein, or it would in the opinion of the Corporation be difficult or inexpedient to lay out and form the street of the width required by this Act, the Corporation may, if they think fit, allow the slime to be laid out and formed of a less width than that required by this Act.

33. Every new street intended as the principal or front access to a continuous line of dwellings shall, unless the Corporation otherwise allow, have provided and set out in connexion with it one or more back or transverse streets or roads at least twelve feet wide, in such manner as to afford access for carts to the back of every house in such continuous line of dwellings in the new street.

34. The Corporation shall, with respect to every new street, determine what proportion of its width shall be laid out as carriage- way and what as footway.

835. No street intended to have a continuous line of buildings shall, unless the Corporation otherwise allow, be laid out of more than two hundred yards in length without a street intersecting it.

36. Every new street shall, unless the Corporation otherwise allow, have at least one entrance of the full width of the street open from the ground upwards.

37. The Corporation may vary, as they think fit, the intended position or direction of any new street or court, and may vary the intended line of frontage of any new building (not being a re-erection on the site of a previous building) in a street or court so that the same may correspond with the building line of the adjoining or nearest houses, or with the general building line of or prescribed for the street or court.

38. The level, width, position, and direction of a new street having been approved by the Corporation, the surveyor shall, with the approval of the Corporation, specify the depth and inclination, form, size, materials, and other particulars of the sewers, and their appurtenances, according to which the works for the proper drainage of the street and of the adjoining properties shall be executed ; but if the Corporation, for the purpose of main drainage or otherwise, shall require a larger sewer to be made than they consider would be necessary for the ordinary sewerage of such new street, the additional cost of such enlarged sewer shall be paid by the Corporation.

39. If in the making of a new street, or the execution of any work connected therewith, anything is done in contravention of this Act or anything required by this Act is omitted, the surveyor may, within forty-eight hours after obtaining knowledge thereof, give to the person making the street, or his agent, notice in writing requiring him, within a time specified in the notice, to amend what has been so done in contravention, or to do what is so required ; and if such person fails to comply in any respect with the requirements of the present section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for every twenty-four hours during which such failure continues after the expiration of twenty-four hours from service of notice thereof on him by the Corporation, __ ‘

Page 25

$4 & 35 Vict. -_ Huddersheld Improvement Ch. cl. 109 Act 1871.

40. If any person begins to make a new street without giving the Sec. 40-43 notice required by this Act, or before the expiration of one month Penalties for from the receipt by the Corporation of that notice, if given, or the breach of previous approval of the Corporation, or begins to make a new street rules as to which has been disapproved by the Corporation, or, after the Corpora- EOt‘cgfl' plans, tion has approved of a new street, makes, either before or after ° completion thereof, any alteration in the whole or in any part thereof - so approved, without further previous approval by the Corporation of the alteration, or does anything in contravention of this Act, or omits to do anything required by this Act, or by the Corporation or surveyor, under the authority of this Act, with reference to the making of a new street, he shall be liable to a penalty not exceeding five pounds, and in case of a continuing offence to a further penalty not exceeding forty shillings for every twenty-four hours during which such offence continues after the expiration of twenty-four hours from service of notice thereof on him by the Corporation.

[Corporation empowered to alter works of a street or building improperly executed : Act of 1876 s. 91.]

41. If at any time any street or court (not being a highway usually Power to __ repaired by the inhabitants at large) formed, set out, or laid out, car?” either before or after the commencement of this Act, is not sewered, florist: $1109 drained, levelled, kerbed, flagged, asphalted, and paved, or macadamised, sewered and to the satisfaction of the Corporation, they may at any time and from paved, &c. time to time order that it be freed from obstruction, sewered, drained, by owners levelled, kerbed, flagged, asphalted, paved, macadamised, and otherwise completed, with such materials, at such levels, with such inclinations, and with sewers and drains of such dimensions, and that the soil thereof be raised, lowered, or altered in such manner and within such time as the order directs, and thereupon the respective owners of the buildings and lands in such street or court shall, at their own respective expense, remove all obstructions in, on, or under, and sewer, drain, level, kerb, flag, asphalt, pave, macadamise, and otherwise cgplete the same within the time and in the manner prescribed in the order.

[See form of Order for Sewering, &c.: Fourth Schedule No. 1. Where temporary repairs only required : See Act of 1876 #. 80. Several streets or parts of streets may be included in one order: Act of 1880 s. 70.]

42, Every such order shall be served on the respective owners or occupiers Publication of of the buildings and lands in the street or court to which it relates, and shall be orders for publicly posted at each end of that street or court. sewering and

. . aving, &c. [Repealed ; Every order made under the preceding section shall " be streote.

«* published once in each of two successive weeks in some news- " paper circulating in the borough, and be publicly posted at " each end of the court or street to which it relates ": Act of 1876 s. 75.]

438. If any work required to be done by any such order is not On owner's commenced within one month after the time prescribed in that behalf neglect to in the order, or if any such work when commenced is not carried on ®°"W°" ind without unreasonable delay, or if any such work is not completed page} $210 within the time and in the manner Erescribed in the order, the following the work at

provisions shall apply to every such case; (namely,) his expense.

Page 26

110

Sec. 44

Materials in streets sewered and paved.

34 & 85 Vict. _ Huddersfield Improvement Ch. ch. ' Act 1871.

(1.) The Corporation may at any time and from time to time remove all obstructions in, on, or under, and sewer, drain, level, kerb, flag, asphalt, pave, macadamise, or otherwise complete the street or court to which the order relates, or such part thereof as is not done in accordance with the order, in such manner as they think fit :

(2.) The Corporation may charge the several owners of buildings or lands in the street or court with the expenses of the execution by them of those works, or incidental thereto, with a commission, not exceeding the rate of five per centum on the amount thereof in respect of the surveying and superintendence of those works (which expenses and commission are comprised in the term "new street expenses" where used in this Act) :

(8.) New street expenses shall be charged to such owners in proportion to the extent of the frontage of their respective buildings and lands in the street or court:

[These expenses may now (subject to the proviso to s. 21 of this Act as to railway buildings and lands) be apportioned among the owners in such proportions as the Corporation deem equitable: Act of 1876 s. 76. As to apportionment between owners and lessees: See Act of 1876 s. 77]

(4.) Such proportion shall be ascertained and settled by the surveyor, and the apportionment by him shall be binding and conclusive on all parties, unless the same is by written notice disputed within one month from the time of notice of the apportionment being served by the Corporation :

(5.) Any such dispute shall be settled by arbitration :

(6.) Notwithstanding any such dispute, such interest on new street expenses as is hereafter in this Act provided for shall commence as against each such owner from the expiration of one month from the time of demand of his proportion of new street expenses being served on him by the Corporation :

(7.) If it appears to the Corporation that additional expense is occasioned in the execution of the works in any street or court by the construction of a sewer of a larger size or with other materials than would have been necessary merely for the purpose of the drainage of the street or court, or of the buildings or lands therein, they may deduct from the new street expenses chargeable to any owner such a sum as under all the circumstances of the case they deem just:

But the owner of any building or lands shall not be liable to be charged for tke repair of any public highway that crosses any such street or court.

44, The Corporation may appropriate, use, and dispose of any old materials existing in any street or court at the time of the execution by the Corporation of any works in such street or court under the foregoing provisions, allowing such sum as the surveyor may fix to be the value thereof to the owners of buildings and lands in such street or court, in proportion to their interest therein, unless such owners, within twenty-four hours after notice so to do served on them by the

Page 27

$4 & 85 Vict. _- Huddersheld Improvement Ch. cu. 111 Act 1871.

Corporation, remove such materials or their respective proportions Sec. 45-48 thereof, and any stone, gravel, clay, or other material produced in the course or in consequence of the execution by the Corporation of any such works may be used by them in the execution of any works under this Act, and in case of their so using the same, the value thereof to be fixed by the surveyor shall be paid or allowed by them to the owners of buildings or lands whose property has produced the same.

45. When any street or court has been freed from obstruction, Streets sewered, drained, levelled, kerbed, flagged, asphalted, paved, macada- sewered, mised, or otherwise completed to the satisfaction of the Corporation, &¢. to they shall, by a declaration recorded among the proceedings of the £3 public council, declare the same to be a public highway, unless the owner or owners of buildings and lands in such street or court extending for not less than four fifths of the frontage of such street or court object thereto by notice in writing served on the Corporation within one month after notice of the intention of the Corporation to make such declaration has been put up in some conspicuous part of the street or court, and from and after any such declaration the street or court to which the same relates shall be a public highway, and be repairable accordingly.

[See form of Declaration of Highway : Fourth Schedule No. 7. This declaration is not now compulsory: See Act of 1876 s. 81]

46. The foregoing provisions of this Act relating to the formation Successive of streets and courts, not being highways usually repaired by the exercise of inhabitants at large, shall have effect, and the powers thereby given to foregoing the Corporation may be exercised, as follows: (namely,) powers, &c.

In relation to any one or more of the works or classes of work mentioned in those provisions separately without any other or others of them :

In relation to the same street or court, or any part or parts thereof successively, at such intervals and times as the Corporation think fit :

In relation to one footway of a street or court after another :

In relation to the paving of a street or court after the same has been macadamised :

In relation to the flagging of a footway after it has been asphalted or otherwise formed.

47. Where a street or court has been macadamised, or a footway Provisional has been asphalted or otherwise formed, the Corporation may acceptance provisionally accept the same, and undertake the maintenance and gifitreeipy repair thereof, without requiring in the first instance the paving of the "*P°*"°"* street or court, or the flagging of the footway, and may afterwards, when from the increase of buildings or traffic or other cause they think it requisite, order that the same, or any parts in succession thereof, be paved or flagged under and according to the foregoing provisions of this Act.

48. The expenses of and incidental to any one or more of the Expenses to works or classes of works aforesaid ordered by the Corporation shall be bo new street deemed new street expenses within the foregoing provisions. expenses.

Page 28

112

Sec. 49-53

Restriction on acceptance by Corporation.

Corporation may agree for making of roads.

Corporation may agree as to building of bridges over canals, &c.

Power to require alter- ation of levels of streets.

Power to repair foot. ways.

84 & 35 Vict. - Huddersfield Improvement Ch. cl. Act 1871.

49. Notwithstanding anything in this Act, a street or court shall not be accepted by the Corporation and declared to be a highway until it has been sewered, drained, levelled, and kerbed, and flagged or asphalted, and either permanently {wed or permanently macadamised, or otherwise permanently completed to the satisfaction of the Corporation.

50. The Corporation may agree with any persons for the making of roads for the public use through the lands and at the expense of such persons, and may agree that such roads shall become, and the same shall accordingly become, on completion public highways maintain- able and repairable at the public expense, and the Corporation may agree with such persons to pay, and shall accordingly pay, any (Fortion of the expenses of making such roads out of the funds at the disposal of the Corporation for public improvements.

51. The Corporation may agree with the proprietors of any canals, railways, or tramroads, and with any landowners or other persons willing to bear the first expense thereof, for the construction or alteration of, and may accordingly cause or permit to be constructed or altered, any bridges, viaducts, or arches over or under any such canals, railways, or tramroads at the expense of such persons, and may at the like expense, by agreement, purchase so much of any slopes, embank- ments, or other parts of such canals, railways, or tramroads, or of any adjoining lands, as may be required for the foundation and supports of such bridges, viaducts, or arches, and the approaches thereto, and may agree that such bridges, viaducts, and arches respectively, with their approaches and accessories, shall become, and the same shall accordingly become, on completion parts of public streets or roads maintainable and repairable at the public expense; and the Corporation may agree to pay, and shall accordingly pay, any portion of the expenses of such construction, alteration, and purchase out of the funds at the disposal of the Corporation for public improvements, and, with the consent of such proprietors and other persons interested, and on such terms as may be mutually agreed upon, the Corporation may adopt any existing bridges, viaducts, or arches over or under any such canals, railways, or tramroads, and the approaches thereto, as public bridges, viaducts, or arches, and parts of public streets or roads, maintainable and repairable at the public expense.

52. The Corporation may from time to time by order, in con- junction with or in relation to any order authorised by this Act relative to the formation of a street, direct that the level of the street be altered so as to be adapted, in such manner and to such extent as the Corporation think fit, to the level of any adjoining or other street, making compensation to owners and occupiers of buildings and lands for any damage or expenses sustained or incurred, by them by reason or in consequence or in the execution of such order.

53. If at any time in any street (whether or not a highway repairable by the inhabitants at large) there is not a properly paved, asphalted, or flagged footway on each side, the Corporation may at any time and from time to time, and as to one side or footway after the other in succession, or as to both sides or footways, order the owners or occupiers of buildings or lands in the street to make a footway or footways in the street along their respective frontages thereto, of such form, size, and materials, at such levels, with such inclinations, in such

Page 29

$4 & 85 Vict. ._ Huddersheld Improvement Ch. cli. 113 . Act 1871. '

manner, and within such time, as the Corporation direct; and there- Seq. 54-57 upon such owners shall, at their own expense, make such footway or footways, and otherwise proceed as prescribed in the order ; and if any work required to be done by any such order is not commenced within one month after service of such order, or if any such work when commenced is not carried on with reasonable despatch, or is not carried on in the manner or completed within the time prescribed in the order, | the Corporation may at any time and from time to time make and execute the footway or footways and works prescribed by the order, and may charge and recover the expenses incurred, and commission. thereon, as new street expenses, under and in accordance with the foregoing provisions in that behalf.

54. The Corporation may from time to time by order declare the Power to oints or limits at or within which any street is for the purposes of define streets. this Act to be taken as beginning and ending.

55, An incumbent or minister of a church or chapel consecrated Exemption of or licensed, or a minister or trustee of a chapel or meeting house incumbent or appropriated to public religious worship, and certified and recorded as minister of such according to law, shall not be liable to any new street expenses as cgur‘éli" & owner or occupier of such church, chapel, or meeting house, or of any new churchyard or burial ground attached thereto, situate in a street OT street ex. court, nor shall any new street expenses be a charge on such church, penses. chapel, meeting house, churchyard, or burial ground, or subject the same to distress, execution, or other legal process, and the Corporation may execute any works from the expenses of which any such incum- bent, minister, or trustee is by this section exempted, and may pay the expenses of the execution of those works out of the borough fund created by this Act; but an incumbent, minister, or trustee so exempted shall not be entitled to an allowance in respect of the value of old materials existing in the street or court.

56. The Corporation may, on the application of the majority of Power to stop the owners of the land over which any highway or footpath passes, from up highways time to time, by order, stop up, vary, or divert, wholly or partially, Where un- & . - ® * +00. ® necessary, {C. any highway or footpath which in their opinion is unnecessary, on such terms, as to the- vesting of the soil and other matters, as may be agreed on between the Corporation and the owners and lessees of buildings and lands abutting on the highway or footpath, and on any highway or footpath being so stopped up, varied, or diverted, all public and other rights of way, and other rights in, over, or on the same, to - the extent of such stopping up, variation, or diversion, shall be absolutely extinguished ; but no such order shall be executed until after the expiration of one month from the time when it has been publicly posted at each end of the highway or footpath to which it relates.

57. The Corporation may agree with the owner of and persons Power to interested in any building or lands for the absolute purchase thereof, purchase or of any part thereof, and of all subsisting leases, rentcharges, “131611333 or annuities, mortgages, incumbrances, estates, or interests in or affecting (y. jil, the same, and after such purchase may cause the building, or the P&Tt street if“, thereof purchased, to be taken down and removed, and the site thereof, provements. and the lands purchased, or any part thereof, to be laid into any street or court for widening, enlarging, or rendering more commodious the same, or to be disposed of for making new streets, or otherwise for

Page 30

114 34 & 35 Vict. Huddersfield Improvement Ch. cl. Act?l1871.

Sec. 58-60 the improvement of the borough, as the Corporation think fit, and the Corporation and any person to be benefited thereby may contribute towards those purposes on such terms and to such extent as the Corporation and he agree.

Houses and 58. Where any person after the commencement of this Act erects buildings in any new house or building, or rebuilds any old house or building, in streets being f & . e | or fronting to any street being a carriage road laid out or used before ways. or after the commencement of this Act, whether any house or other building has been previously erected on the site or intended site of of such house or building or not, the following provisions shall have

effect ; (that is to say,)

(1.) The person so erecting or rebuilding shall, if required by the Corporation or their surveyor, erect or rebuild such house or building at the distance of six yards at least from the centre of the street, and, if necessary for that purpose, shall set back the house or building accordingly, and that space or distance of six yards shall be given up for and form part of the street, unless the consent of the Corporation in writing is previously obtained by such person to the contrary :

(2.) In case any person after the commencement of this Act erects or rebuilds any house or building in contravention of the provisions of this section, the Corporation may, within three months after the erection thereof, pull down, take away, and remove the same, or so much thereof as is erected in contra- vention as aforesaid, and such person shall in every such case forfeit and pay a sum not exceeding twenty pounds, to be recovered by the Corporation in any court of competent jurisdiction : (3.) Provided that in every such case the Corporation shall make compensation in respect of any land or building given up as aforesaid :

[See the following section and note.]

Where build. - B9. Where a building in a street or court is burnt or taken down ings taken - to or below half the front elevation thereof, or is intended to be rebuilt down power or new fronted, or where it is intended to erect anew building on Egg‘kzgvazd lands at the commencement of this Act vacant or unbuilt on in or “meg near a street or court, and the Corporation are desirous of widening or enlarging such street or court, or any adjoining or neighbouring street or court, or of making alterations in the line of the buildings therein, they may for such purposes, by agreement, purchase any part of the site of such building, or of the lands occupied therewith, or of such vacant lands.

[As to setting back projecting houses, see s. 63 of this Act. Corporation empowered to prescribe building line, and to set back buildings when half of front pulled down, on paying compensation : Act of 1876 s. 82.]

Elevations of . Al buildings or parts of buildings erected on the site of any buildings building, or any ground, which site or ground in consequence of any erected on - improvement made by the Corporation becomes front land, or on any front land to lands purchased or taken by the Corporation before or after the be subject t0 commencement of this Act, shall be erected according to such plan, for

1 of . . . égfprfififfifm the outside or front elevation thereof, as the Corporation approve, and

Page 31

34 & 35 Vict. - Huddersheld Improvement Ch. ch. 115 Act 1871.

in case the Corporation, for the space of six weeks after any plan is Sec. 61-66 submitted to them, neglect to notify their determination in writing with reference thereto they shall be deemed to have approved of such plan.

61. Any lands purchased or taken by the Corporation and laid Land thrown into a street shall for ever thereafter form a part of that street and be get" it???” to a public highway. o higgway. 62. The Corporation may allow, on such terms as they think fit, Buildings any building to be set forward for improving the line of the street or may be court in which such building is situate, provided that the same be not &et forward

& P « for improvin in contravention of any covenant or right. line Ofimetf

63. Where a building in a street or court, any part of which Projecting projects beyond the regular line of the street or court, or beyond the houses when front of the building on either side thereof, is burnt or taken down to gal?“ as?” k or below half the front elevation thereof, the same shall be set back "° °° °°" °"%* to or towards the line of the street or court, or the line of the adjoining building, in such manner as the Corporation direct for the improvement of such street or court, the Corporation making compensation to the owner of such building for any loss or damage sustained by him in consequence of his building being so set back.

[See s. 59 of this Act and note.]

64. Any pilaster, plintb, cornice, or other part of a new building, Projections or of a new front or addition to an existing building, shall not project Over high- or encroach over a footway or highway, unless allowed by the Cor- "** poration, or beyond the distance (if any) allowed by the Corporation.

65. The Corporation may serve notice on the occupier of any Future pro- building to remove or alter any porch, shed, projecting window, step, jections of cellar, cellar door or window, teagle, crane, windlass, sign, sign post, fofises' &e. a sign iron, show board, window shutter, wall, gate, or fence, or any other 01 sofégom obstruction or projection erected or placed after the commencement of - this Act against or in front of any building within the borough, and being an obstruction to the safe or convenient passage along or through any street or court, and such occupier shall, within fourteen days after the service of such notice on him, remove such obstruction or projection, or alter the same in the manner required by the notice, and in default thereof he shall be liable to a penalty not exceeding forty shillings, and the Corporation may remove such obstruction or projection, and the expense of such removal shall be Eaid by him and shall be recoverable as damages; but except where such obstruction or projection was made or put up by the occupier, the occupier shall be entitled to deduct the expense of his removing or altering the same, as required by the notice, from the rent payable by him to the owner of the building.

[No projection of more than one foot in extent to be placed or continued after 2nd August 1880, if in the opinion of the Corporation it is or may become a source of danger to passengers : Act of 1880 s. 75.] Corporation

66. If any such obstruction or projection was erected or placed may cause against or in front of any building in any street or court before the existing pro- commencement of this Act, the Corporation may remove or alter the aegignétonge same as they think fit, first giving notice of such intended removal or ozmpemaiim alteration to the occupier of the building thirty days at least before to be made.

Page 32

116

Sec. 67-69

Doors and gates not to open out. wards.

Cellars, &c. not to be made under

or steps, &c.

project into streets.

Cellar open- ings to be covered or secured.

Huddersfield Improvement Ch. ch.

Act 1871.

such removal or alteration is begun, and if such obstruction or projection has been lawfully made they shall make reasonable com- pensation to every person who suffers damage by such removal or alteration.

[" Fourteen '"' days substituted for "thirty" days: Act of 1876 s. 83.] m '

©7. The occupiers of buildings and lands in any street shall, at their own respective expense, from time to time, within fourteen days next after their respectively receiving notice in writing from the

34 & 35 Vict.

Corporation, cause all doors and gates for the time being leading into

the buildings and lands in their respective occupations (not being cellar doors or trap doors) which open outwards, and when open project into or over any street, to be altered so as not to open outwards into any street, and if any such occupier fails to comply with such notice he shall be liable to a penalty not exceeding five shillings for every day during which such failure continues after the expiration of the time specified in such notice.

- G68. After the commencement of this Act it shall not be lawful for any person, without the consent of the Corporation first obtained in writing, to make or alter any cellar, arch, vault, oven, or under- ground passage, or other work under any street or court, or to make any cellar area, or cellar steps or other steps, in any street or court, and every such cellar, work, or thing for the time being lawfully existing shall be kept in proper repair by the owner or occupier thereof ; and if any person offends against any of the provisions of this section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding two pounds for every day during which such offence continues after notice thereof served on him by the Corporation ; and in the case of a work under a street or court, whether such a penalty has been recovered or not, the Corporation may demolish or fill up the same and the site thereof, and make good the street or court, and the expenses incurred thereby shall be paid by the offender; but nothing herein contained shall prevent the making of any cellar, arch, vault, oven, or underground passage under the foot pavement of any street or court, provided the same be constructed and maintained in a secure and substantial manner, and to the satisfaction of the borough surveyor.

[As to interference with sewer by vaults or cellars see s. 166 of this Act.]

69. The owner of any building shall cause the areas of the same fronting any street or court to be well and sufficiently guarded by a railing or parapet or dwarf wall, of such materials, dimensions, and form as the Corporation direct, and when any opening in any pavement or footpath, or other entrance into any vault or cellar, for the time being lawfully exists, a door or covering shall be made by the owner of such vault or cellar, of iron or such other materials, and in such manner, as the Corporation direct ; and such railing, door, or covering shall be kept in good repair and closed and secured by such owner (but so that nothing in this section shall vary any provision in a lease as between the owner and the occupier), and shall be used by the occupier as the Corporation direct; and if any such owner or occupier fails to comply in any respect with the requirements of the present section he shall be liable to a penalty not exceeding five pounds, and in

Page 33

34 & 385 Vict. Huddersfield Improvement Ch. cli. 117 Act 1871.

case of a continuing offence to a further penalty not exceeding forty Sec. 70-73 shillings for every day during which such offence continues after the expiration of a time to be determined in that behalf by the justice before whom he is convicted.

70. It shall not be lawful for any person to make, place, or Regulations continue any socket or plughole in any causeway, highway, or thorough. as to sockets, fare without the consent of the Corporation first obtained in writing, &e. and where any person with such consent, so makes, places, or continues a socket or plughole he shall repair the same immediately after being required so to do by the surveyor, and shall not at any time suffer the same to be without plug or cover, or properly guarded, as the surveyor directs; and if any person fails to comply in any respect with the requirements of the present section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for every day during which the offence continues after the «figpiration of twenty-four hours from the service of notice thereof on im.

71. Every person intending to build or take down any building, Hoards to be or to alter or repair the outward part of any building, in any street or set up during court, shall before beginning the same cause sufficient hoards or fences PrO8IO8® °f& to be put up in order to separate the building from the street or court, °"4"8* ** with (if the Corporation so require) a convenient covered platform and handrail to serve as a footway for passengers outside of such hoard or fence, and shall continue such hoard or fence, with such platform and handrail as aforesaid, standing and in good condition, to the satisfaction of the Corporation, during such time as in their opinion the public safety or convenience requires, and shall, when required by the Corporation, in order to prevent accidents, cause the same to be sufficiently lighted during the night, and shall remove the same when required by the Corporation ; and if any person fails to comply in an respect with the requirements of the present section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for every day during which such failure continues after the expiration of twenty-four hours from the service of notice thereof on him by the Corporation.

72. It shall not be lawful for any person, without the consent of No hoard to the Corporation first obtained, to put up or keep up in a street or be put up court a hoard or fence or scaffold for any purpose, or any post, bar, without con- rail, board, or other thing by way of inclosure for the purpose of "°"* &e. making mortar, or of depositing bricks, lime, rubbish, or other materials ; and if any person does anything in contravention of the present section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for every day during which the offence continues after the expiration of twenty-four hours from the service of notice thereof on him by the Corporation.

73. It shall not be lawful for any person, without the consent of Penalty for the Corporation first obtained, to lay any building materials, rubbish, n0t lighting or other thing, or make any excavation on or in any street or court, $3125? of and when, with such consent, any person lays any building materi@l8; matorigis or rubbish, or other thing, or makes any excavation on or in any street excavations. or court, he shall at his own expense (if the Corporation so require) cause the same to be sufficiently fenced, and a sufficient light to be

fixed in a proper place on or near the same, and to be continued every

Page 34

118

Sec. 74-77

Fencing of land unbuilt on.

Lines, &c. of hoards.

Names of streets on Ramsden property.

Power to alter names of streets, and names to be put up, and houses to be numbered, &c.

84 & 85 Vict. Huddersfield Improvement Ch. ch. Act 1871. night from sunset to sunrise, and shall remove such materials or thing,

or fill up such excavation (as the case may be), when required by the Corporation ; and if any person fails to comply in any respect with the requirements of the present section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for every day during which such failure continues after the expiration of twenty-four hours from the service of notice thereof on him by the Corporation, and the Corporation may remove any such materials or thing, or fill up such excavation (as the case may be), and recover the expenses from the offender.

74. The owner of any land vacant or unbuilt on adjoining to any street or court shall, when required by the Corporation and to their satisfaction, sufficiently fence off the land from the street or court, and shall afterwards keep such fence in good repair to the satisfaction of the Corporation ; and if he fails to fence or repair as aforesaid, within fourteen days after notice for that purpose given to him by the Corporation, the Corporation may fence or repair (as the case may be) and charge him with the expenses of so doing, and recover the same as new street expenses.

[See also s. 250 of this Act. These provisions are not to extend to the open space forming the approach to the Huddersfield Railway Station : s. 193 of this Act.]

75. Where any person under the foregoing provisions of this Act uts up in, on, or adjoining to any street or court any temporary anrd, fence, platform, handrail, scaffold, post, bar, rail, board, or other thing by way of inclosure, he shall put the same in such lines as the Corporation direct, and he shall not, without the consent of the Corporation, cause or permit the same, or any part thereof, to be used for the affixing of any placards, posting bills, or notices other than those of the Corporation ; and if any person fails to comply in any respect with the requirements of this section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for every twenty-four hours during which such failure continues after the expiration of twenty-four hours from the service of notice thereof on him by the Corporation.

76. Sir John Ramsden may determine the name of any new street or court formed from time to time after the commencement of this Act on his land within the Improvement Act area, provided he fix such name and signify it in writing to the Corporation along with the notice for the new street to be given according to this Act.

[Extended to the whole of the Borough : Act of 1876 s. 98.]

77. The Corporation may name any street or court, or any part of a street or court, whichis without a name, or which bears two names, and may from time to time alter the name of any street or court, or of any part of a street or court (but as regards streets or courts of which the names are fixed under the provisions of the Improvement Act of 1848, or of this Act, relating to Sir John Ramsden's property, only with the consent of Sir John Ramsden), and may from time to time paint, engrave, or otherwise describe and place the name of any street or court, or of any part of a street or court, on a conspicuous part of any building or other erection at or near each end, corner, or entrance thereof, and number every building or other erection therein

Page 35

34 & 35 Vict. Huddersfield Improvement Ch. ch. 119 Act 1871. ,

on the door thereof, or otherwise, as they think proper; and if any person wilfully destroys, obliterates, defaces, removes, or, without the consent of the Corporation, alters any such name or number, or any part thereof, he shall be liable to a penalty not exceeding forty shillings, and when any such number is defaced or rubbed out the occupier of such building or other erection shall immediately at his own expense cause the same to be reinstated, and in case he fails to do so for seven days after notice in writing given him to do so, {$18 Corporation may reinstate the same and recover the expenses from im.

[Notice to occupier now unnecessary : Act of 1876 s. 97.]

78. The Corporation shall keep a register of all alterations made Register of by them in the names of streets and courts, or parts thereof, in such alteration in form as to show the date of every such alteration, and the name of the names of street or court or part, as well before as after such alteration. streets.

IV.-NEW STREETS; IMPROVEMENTS OF STREETS; REBUILDING OF LONG BRIDGE.

79, Subject to the provisions of this Act, the Corporation may P0?“ to make, in accordance with the deposited plans and sections, and MBZLI*" maintain the new streets shown on those plans, comprising the described, &c. following ; (namely,)

First, a street from Aspley to Leeds Road ;

Sécondly, a street communicating between Kirkgate and Saint Peter's Street ;

Thirdly, a street being a diversion of Rashcliff Hill Road ;

with all proper roadways, pavements, footways, sewers, drains, works, and conveniences connected therewith.

80. On the completion and opening for public use of the diversion Power to stop of Rashcliff Hill Road aforesaid the Corporation may stop up and uP part of discontinue that portion of the same road which will be situate between fizgcl‘fi‘ its present junction with Woodhead Road and the point of commence- ° ment of the diversion aforesaid, and thereupon all public and other rights over the portion so stopped up shall be by virtue of this Act absolutely extinguished, and the soil of that portion shall vest in and belong to the Corporation as part of their corporate estates.

81. Subject to the provisions of this Act, the Corporation may, in P95“? to accordance with the deposited plans and sections, widen, alter, or gésgéggefiz

otherwise improve the following streets and roads; (namely),

The streets or roads severally called or known as Shorefoot, Shore- head, Aspley Road (including the bridge carrying the same over the canal at Aspley), Westgate, Kirkgate, Viaduct Street, Saint John's Road, Chapel Hill, Engine Bridge Road (including the bridges carrying the two last-mentioned streets or roads over the Huddersfield canal and the river Colne), Beast Market, Lowerhead Row, Swan Lane (Lockwood), Woodhead Road (Lockwood), and Rashcliff Hill Road. ©

[As to improvement of Engine Bridge : see Act of 1880 ss. 46 and 47.]

Page 36

120

Sec. 82-85

As to ap- proach road to canal warehouse of London and North. western Railway Company.

For protec- tion of Hud. dersfield Canal at Engine Bridge.

As to com- pensation to London and North. western Railway Company.

Power to make minor works con- nected with new streets,

&c.

84 & 85 Vict. Huddersfield Improvement Ch. cl.

Act 1871.

82. In constructing the proposed alteration or improvement at Shorefoot and Aspley the Corporation shall construct and complete in all respects to the satisfaction of the engineer of the London and North-western Railway Company an approach road of eighteen feet wide to the canal warehouse and premises of the London and North- western Railway Company at Aspley, commencing at the south-east corner of that warehouse at the present level, and extending thence at a gradient of one in eighteen for a distance of thirty yards or thereabouts to the present road leading to the wharves of the said Company, which last-mentioned road shall be made from the point marked D on the deposited plan to the improved Aspley Road at Shorefoot at the gradient of one in nineteen; and the north-west corner of the junction between the said improved Aspley Road and the said road leading to the wharves shall be rounded off to a radius of twenty feet so as to give a better access to the said canal warehouse and premises ; and the bridge over the canal and the towing-path at Aspley shall be widened according to plans to be submitted to and approved by the engineer of the London and North-western Railway Company, and under his superintendence, and the Corporation shall pay to the Company any additional expense of structural repairs of such bridge caused by such widening.

83. In affecting the widening, altering, or improving of the street or road at Engine Bridge, including the bridge over the Huddersfield canal and towing-path, the canal lock at Engine Bridge shall be moved to such an extent to the westward of the improved bridge as may be necessary for the proper working of the outlet lock gates, and so that the handle of the lock gates may work clear of the boundary wall of the improved bridge, the removal of the present lock and the reconstruction of the new one in its stead to be executed and completed by the said London and North-western Railway Company at the expense of the Corporation, and the Corporation shall pay to the Company any additional expense of structural repairs of such bridge caused by such widening.

84. The London and North-western Railway Company shall be entitled to and be paid compensation for all land and buildings which may be taken and required for the purposes of the said improvements, and for all damages, as. well actual as consequential, which may be sustained by them by reason or in consequence of the constructing and effecting the said several alterations and improvements at Aspley and Engine Bridge, such damages to be ascertained according to the provisions of " The Lands Clauses Consolidation Act, 1845."

85. Subject to the provisions of this Act, and in accordance with the deposited plans, or within the limits thereon defined, the Corporation, in connexion with the new streets and improvements by this Act authorised, or any of them, and for the purposes thereof, may make junctions and communications with any existing streets which may be intersected or interfered with by or be contiguous to the new streets or improvements, or any of them, and may make diversions, widenings, or alterations of lines or levels of any existing streets, bridges, arches, or works for the purpose of connecting the same with the new or improved streets, or any of them, or of crossing under or over the same, or any of them, or otherwise: Provided always, that the Corpo. ration shall make to the owners and occupiers of and all other parties

Page 37

84 & 35 Vict. Huddersfield Improvement Ch. cl. 121 Act 1871.

interested in any lands or houses injuriously affected by any such Sec. 86-90 interference with or alteration of existing streets, bridges, arches, or works, full compensation for all damage sustained by such respective owners, occupiers, and other persons.

86. In making the new streets and improvements the Corporation Alterations of may raise, sink, or otherwise alter the position of any sewer, drain, MMC 62° water pipe, or gas pipe belonging to or connected with any building $1,633” er adjoining or near to the site of any new or improved street, and also ~ any main or other pipe laid down or used for carrying a supply of water or gas, and also any pipe, tube, wire, or apparatus laid down for telegraphic or other purposes, and may remove any other obstruc- tion, causing as little detriment and inconvenience as circumstances admit, and making reasonable compensation for damage caused by any such alteration.

87. If in the making of the new street communicating between Removal of Kirkgate and Saint Peter's Street, and in widening Kirkgate, it is graves, &c. found necessary to interfere with any of the graves or vaults of % FAM® the churchyard attached to Saint Peter's Church, the same shall be Caz; disturbed as little as possible, and the Corporation shall, with all reasonable dispatch, and at their own expense, cause the remains of any persons in any graves or vaults disturbed to be re-interred in the said churchyard, or in the burial ground by this Act vested in the Corporation, under the superintendence of the officer of health.

88. The Corporation and Sir John Ramsden may from time to Agreements time make and carry into effect agreements for the contribution and with SirJohn payment of money by Sir John Ramsden to the Corporation for or Rtamiden for towards the expense of the making of the streets and improvements of *"*°°°* streets aforesaid, or any of them, and for the free granting by Sir John Ramsden to the Corporation of land required for the purposes thereof, and for the application by the Corporation of such money and land accordingly.

89. Subject to the provisions of this Act, the Corporation may Removal of take down and remove the bridge over the river Colne, known as the Long Bridge Long Bridge of Huddersfield, and shut up or divert its approaches as and con- || existing at the commencement of this Act, and the Corporation may “a“??? of a construct, in accordance with the deposited plans and sections, a new "°" ""°®* bridge over the said river Colne, and approaches thereto, with all proper works and conveniences connected therewith (which new bridge shall be also called the Long Bridge of Huddersfield), and thereupon all public and other rights over the land comprised in the approaches so shut up or diverted shall be by virtue of this Act absolutely extinguished, and the soil thereof shall vest in and belong to the Corporation as part of their corporate estates.

90. The justices of the peace for the west riding, on behalf of the Gontribution inhabitants of the wapentake of Agbrigg and Morley in that riding by the shall, in pursuance of the order made in this behalf by the court of wapentake - quarter sessions, for that riding on the sixth day of October one A (fgbr‘gg thousand eight hundred and sixty nine, and by means of orders in fifwafilfliiw quarter sessions and by estreats to be duly made and levied according pridge. to law, contribute out of the rates, in the nature of county rates, upon the said wapentake the sum of three thousand pounds towards the expense of the construction of the new bridge approaches, and works, and the same shall be paid to the Corporation at such time or times

Page 38

122 34 & 35 Vict. Huddersheld Improvement Ch. ch. Act 1871.

Sec. 91-96 during the construction or after the completion of the new bridge, approaches, and works as the Corporation and justices of the riding in quarter sessions shall determine and agree upon, not exceeding two years from the completion of the bridge, of which completion a certificate of two justices for the west riding shall be conclusive evidence, and such a certificate any two such justices shall give on production of proper evidence in that behalf.

Approval by - Q1. The Corporation shall not interfere with the existing Long west riding Bridge, or its approaches, nor with the existing county bridge at “Whey m; C Huddersfield called Engine Bridge, over the said river Colne, for the ggggBBz iage Purposes of this Act, until they have obtained the approval of the and Engine surveyor of bridges of the west riding, in writing under his hand, of Bridge. the plans and sections of the new Long Bridge, approaches, and works, and of the alterations and works at or in connexion with the said bridge called Engine Bridge, and all such works shall be constructed in conformity with such plans and sections, and to the satisfaction of the said surveyor.

Cesser of 92. On payment of the said sum of three thousand pounds the liability by - common law liability of the inhabitants of the said wapentake of wapentake Agbrigg and Morley to rebuild, maintain, and repair the Long Bridge

L & frag?” and its approaches shall cease.

Liability for 93, The liability for the maintenance and repair of the new Long repair and _ Bridge and its approaches when completed shall be borne as follows ; maintenance (namely,) as to so much of the bridge and the approaches and works 2:1 a ~ Pridg© thereof as is within the Improvement Act area by the inhabitants of approaches. - that area, and as to the residue thereof by the inhabitants of the Mold Green district of the borough, in like manner as the liability for the maintenance and repair of highways within that area and district

respectively is borne.

Contribution _- 94. The Corporation may receive from Sir John Ramsden the sum by Sir John - of one thousand pounds as a contribution towards the expenses of the Ramsden. - construction of the new Long Bridge and its approaches and works, and in consideration thereof and of a free grant to be made to the Corporation by Sir John Ramsden of the land required for those approaches, the Corporation shall without further consideration, but at the expense of Sir John Ramsden, convey to him all lands forming part of the approaches to the Long Bridge at the commencement of this Act, or acquired for the purposes of the new Long Bridge, approaches, and works, and not required for those purposes, for all the estate and interest of the Corporation therein, and all lands so conveyed to Nir John Ramsden shall be settled to the same uses as the land of which a free grant may be made as aforesaid by Sir John Ramsden to the Corporation was subject.

Crossing of 95. During the construction of the new bridge, approaches, and Colne during works the Corporation shall maintain as convenient means of crossing construct10"+ the river Colne as the circumstances permit.

Power to 96. In making any of the works shown on the deposited plans deviate from the Corporation may deviate to an extent not exceeding three feet levels, &c. from the levels shown on the deposited sections, and may deviate laterally within the limits of deviation shown on the deposited plans, but not further, except with the consent of the person through whose lands any such deviation is to be made,

Page 39

84 & 35 Vict. Huddersfield Improvement Ch. cL. 123 Act 1871.

97. If the works shown on the deposited plans are not completed Sec. 97-102 within ten years from the commencement of this Act, then ON the fop expiration of that period the powers by this Act granted to the completion Corporation for making the same, or in relation thereto, shall cease to of works. be exercised, except as to so much thereof as is then completed.

98. Before removing or displacing any main, pipe, plug, or other Corporation work of the Huddersfield Gas Company (except such mains, pipes, t? ”3??ng or plugs as from time to time become unnecessary by reason of the fifidersfiefd execution of this Act, and which may from time to time be removed Gas Company. by the Company at their expense, as the Corporation direct), the Corporation shall at their own expense lay a good and sutlicient main, pipe, plug, or other work (other than private service pipes the property of the Company) proper and sufficient for continuing the supply of gas to all the customers of the Company who are entitled thereto, but the mains, pipes, plugs, and works shall be provided at the expense of the Company, and all such works shall be done to the satisfaction of the Company's engineer, and in accordance with the Acts relating to the Company.

99. The Corporation shall make good all damage done to any Corporation property of the Huddersfield Gas Company by the disturbance to make good thereof, and shall make full compensation to them for any loss or damage togas damage which they may sustain by reason of any interference by and - « s s s compensate the Corporation or their contractors with the mains, pipes, Or WOTKS parties for of the said Company, except the same arise from the wilful neglect loss by inter.

or default of the Company or the party claiming compensation. fergncegvith mains, &c.

V.-BUILDINGS.

[See partial exemption from these provisions of railway buildings other than dwelling-houses : s. 193 of this Act.]

100. For the purposes of this Act any building the erection New build- whereof is begun after the commencement of this Act shall be con- '"&*- sidered a new building, and the re-erecting of any building pulled down to or below the level of the ground floor thereof, or of any building of which only the framework is left down to the ground floor, or the conversion into a dwelling-house of any building not originally constructed for human habitation, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling- house only, shall be considered the erection of a building.

[Amended and extended : Act of 1880 s. 78.]

101. For the purposes of this Act the height of the front elevation Measurement of a building shall be measured from the level of the street or court of front (if any) immediately adjoining the building to the eaves or square of elevation. the building.

102. A building shall not, except with the consent of the Cor- Height of poration, be erected on the side of any new street exceeding in height buildings in the distance from the front of the building to the opposite side of the street, nor, except as aforesaid, shall the height of any building so erected be at any time subsequently increased so as to exceed the height aforesaid.

Page 40

124

84 & 35 Vict. Huddersheld Improvement Ch. cl. Act 1871.

103. Every person who intends to erect a new building shall give

Notices,

notice to the Corporation of such intention by writing left at the

plans, &c. of Surveyor's office, and shall at the same time leave there the following new building. documents; (namely,)

Approval or disapproval by Corpora. tion.

Effect of approval.

Duration of approval.

(1.) A drawing of the front elevation of the building on a scale of not less than one inch to eight feet : (2.) A detailed plan and section of the building on a scale of not less than one inch to eight feet, showing the positions and forms of the several parts and windows, and the thickness of 'the walls, with figured dimensions of the several parts, the waterclosets, privy, drains, cesspool, ashpit, well, and all outbuildings and other appurtenances, and showing the then and also the intended level of the ground line of the yard or other ground belonging thereto, and the levels of the several floors of the intended buildings : (8.) A description of the intended mode of drainage and means of water supply : (4.) A block plan on a scale of not less than one inch to forty-four feet, showing the position of all buildings within three feet of each boundary of the intended building, and of its yard or other ground belonging thereto, and the width and level of the street : Every such drawing, every such plan, and every such section shall contain the name and address of the person intending to erect the building, and be signed by him or his authorised agent, and shall be deemed for purposes of this Act part of the notice, and every such notice shall be accompanied by a duplicate thereof, and every such drawing, and every such plan, and every such section shall be accompanied by a duplicate or tracing thereof, and every such duplicate or tracing shall be retained by and shall be the property of the Corporation, and every such notice, drawing, plan, and section shall be delivered back to the person giving the notice, having been first stamped or otherwise marked so as to indicate the fact and date of the leaving of the notice, drawing, plan, and section at the surveyor's office.

104. The Corporation shall approve or disapprove of an intended new building within twenty-one days after receipt of the notice required by this Act, and if they do not disapprove within that period, then at the end of that period they shall be taken to have approved.

[ " Six aveeks " substituted for " twenty-one days " : Act of 1876 s. 84.

105. Nothing in an approval by the Corporation of an intended new building shall be taken to authorise the erection of the building, or the doing of anything relative thereto or in connexion therewith, in any manner contrary to any of the provisions of this Act, or of any byelaw fibereunder, except so far as may be specially sanctioned by the approval. P [Conditions or restrictions may be attached to approval: Act of 1876 s. 85. Details and materials may be varied : s. 146 of this Act.]

106. If an intended new building approved by the Corporation is not completed within three years from the time of approval the approval shall at the expiration of that period cease to operate, and fresh notice and approval shall be requisite as if notice and approval had never been given.

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34 & 35 Vict. -_ Huddersfield Improvement Ch. cl. 125 Act 1871.

107. The walls of every new building shall be constructed of such Sec.107-111 thicknesses as the Corporation in each case determine. Where not Thickness of otherwise prescribed the outer walls shall be not less than sixteen walls, &c. inches thick if built of stone, and nine inches if built of brick, and the party or division walls or other walls dividing tenements shall extend from the foundation of the building, which foundation shall rest on solid ground, or on concrete or other solid substructure, and such party or division walls shall be not less than twelve inches thick if built of stone, and nine inches if built of brick, except in the case of cottage dwellings of not exceeding ten pounds per annum rateable value, in which case such party or division walls shall be not less than six inches _ thick, whether built of stone or of brick.

108. The external and party or side walls of every new building Materials of shall be constructed of brick, stone, or other hard and incombustible external substances, unless the Corporation otherwise allow in cases in which it wal!s. appears to them that no danger would exist of the spread of fire.

109. No joists, beams, or other woodwork fixed in or upon any woodwork in external or party wall, except beams or brestsummers, and story posts external or under the same, and frames of doors, and windows of shops, shall be party walls. brought within four inches at least of the external face otP such wall, unless with the previous of the Corporation.

110. The roof or flat of every new building, and every gutter, Roofs. dormer, and other work or construction connected therewith, except the doors, door frames, windows, and window frames of such dormer, and other construction, shall be formed of or externally covered with incombustible materials, except in special cases when otherwise allowed by the Corporation. +

111. The chimneys and flues of every new building shall be con- Construction structed in such mode and of such materials and dimensions as shall of chimneys, from time to time be determined or approved by the Corporation. ** Unless otherwise prescribed or ordered every chimney or flue shall be constructed of good brickwork or stonework, and mortar well grouted, and if circular must be formed of earthenware pipes of not less than ten inches diameter set in mortar, and if not circular must be pargetted with mortar, and not less than fourteen inches by twelve inches clear interior measurement. No chimney or flue shall have angles less obtuse than one hundred and twenty degrees, except when proper iron or stone doors or openings are left for cleaning purposes. No timber or woodwork shall be placed within nine inches, or wooden plugs driven nearer than six inches, of the inside face of any chimney or flue, and no opening shall be made in any chimneys or flues for any purpose, nor pipe for conveying smoke, heated air, steam, or hot water, fixed in any new building, except of the materials and in the manner to be submitted to and specially approved by the Corporation.

[It was decided in Hill v. Hall, L. R. 1 Exch. Div. 411, that this section does not repeal s.6 of the Chimney Sweepersand Chimneys Regulation Act 1840 (8 & 4 Vict. c. 85) which enacts regulations as to construction of chimneys and flues.

As to pipes and funnels for conveying smoke and steam see s, 145 of this Act.]

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126

Sec.112-117

Construction of fireplaces, M &

Construction of buildings over roads,

Construction of chimney shafts.

Construction of chimeys for trade, &c.

Raising of chimneys, &o.

Construction of ovens, &c.

34 & 85 Vict. Huddersfield Improvement Ch. cli. Act 1871.

112. Every fireplace in any room with a board floor shall have the hearth or slab of such fireplace bedded on brick, stone, or other incombustible substance, which shall be solid for a thickness of six inches at the least beneath the upper surface of such hearth or slab, and such slab shall extend in breadth at least six inches on each side beyond the opening of the fireplace, and shall extend from the back of such opening to a distance of eighteen inches at least in front of the chimney breast.

113. In the case of buildings erected in any part thereof over roads, ways, or passages, the dividing walls and chimney breasts and flues, if any, over such roadway or passage shall in no case rest upon or be supported by timber, but shall be arched under with arches not less than eight inches and a half in thickness over such ways, roads, or passages, with good sound brick or stone arches, or supported with stone or iron supports of sufficient strength and according to the directions to be from time to time given by the surveyor.

114. No chimney shaft of any new building shall, except with the special approval of the Corporation, exceed the height of six feet above tEe outside of the roof of such building, measuring upwards from the centre of such chimney immediately above the roof, unless the same be secured by sufficient iron stays of such strength and dimensions and to be fixed in such manner as shall be approved of by the surveyor, or unless the same be built with another chimney shaft back to back, of such height and of such strength and dimensions as shall be approved by the surveyor. Nor shall any such chimney shaft above such roof be of less dimensions than twenty-two inches on any one side thereof; but nothing in this seetion shall apply to the chimney shaft of any detached building distant eighteen feet or upwards from any public street or way, or of any steam engine or manufactory the chimney shaft of which has been or shall be erected of such strength and dimensions and in manner satisfactory to and approved by the Corporation.

[See Act of 1880 s. 72.]

115. The height and dimensions and structural thickness of all chimneys intended to be erected and used after the commencement of this Act for purposes of trade or manufacture shall be subject to the approval of the Corporation, and shall be from time to time regulated and determined by them.

[See Act of 1880 s. 72.]

116. In case any building is after the commencement of this Act erected or raised to a greater height than the adjoining building, and any flues or chimneys of the adjoining building are against or in the outer or party wall against the building so erected or raised, the person erecting or raising such building shall, at his own expense, build up those flues and chimneys so that the top thereof may be of the 33m: height as the tops of the chimneys of the building so erected or raised.

117. Every oven belonging to any baker, and every furnace belonging to any smith, tradesman, or artificer, shall have a protecting wall of not less than nine inches in thickness between the fire of the oven or furnace and the side or end wall, party wall, or outer wall, as . the case may be, of the building in which such oven or furnace may be,

Page 43

34 & 35 Vict. Huddersfield Improvement Ch. cli. 127 Act 1871.

and such protecting wall shall be so constructed and be of such height, Sec.118-122 depth, and breadth above, below, and beyond the oven or furnace as the Corporation direct.

118. It shall not be lawful for any person to erect any new Space in front dwelling-houses with their fronts facing each other separated from 2222298111“? each other by a space of less than eight yards, or to erect dwelling- ° houses in a court without making or leaving a passage or entrance to the court from a street at least three yards wide.

119. Where the backs of dwellings in one street are opposite the Passage backs of dwellings in a street parallel or nearly parallel thereto, 2)th Ch.to ards there shall be (except in special cases at the discretion of the pack houses. Corporation) a passage or road at least twelve feet wide between the yards of such dwellings, uncovered throughout its lengtb, and communicating at each end with a street ; the entire space between the backs of such opposite dwellings, including the open yards and the passage or road aforesaid, shall be at least twelve yards wide, and no buildings exceeding ten feet six inches in height from the level of the ground to the ridge of the roof shall be erected on any portion of such space.

120. Not more than four houses, two to front the street and two Houses in at the back thereof, shall be built with the intended use in common Pairs. of one yard, and between every such two pairs of houses there shall be a passage from front to back not less than the height of one storey, and not less than three feet six inches wide, leading from the street into the yard. In every such yard there shall be for each house one privy, and one ashpit for each two privies, and every such yard shall be surrounded with a wall at least four feet high.

121. Every new building intended to be used as a dwelling-house Open space shall have in the rear or at the side thereof an open space adjoining about dwell- and belonging exclusively thereto and co-extensive with the breadth of "&" the entire building to the extent of at least one fourth of the whole site, free from any erections thereon above the level of the ground, (other than privies, ashpits, coal-houses, or other conveniences for the use of such dwelling-house, being as to height, position, and dimensions erected and approved by the Corporation,) except where on account of thorough ventilation of such open space being secured, or of other special circumstances stated in the order, the Corporation think fit to allow a less space. The distance across such open space between every such dwelling-house and the building or property on the opposite side of such open space shall be not less than ten feet at all points in the case of one-storey houses, and fifteen feet in the case of two-storey houses, and twenty feet in the case of three-storey houses, or houses of more than three storeys above the level of the ground.

122. The last foregoing section shall not extend to a building Certain erected after the commencement of this Act, for the purpose of being dwelling. used as a dwelling-house, on the site of a dwelling£ouse existing at houses the commencement of this Act, but with respect to such buildings the **°°" ted. following provisions shall have effect ; (namely,)

Where at the time of the taking down of the dwelling-house existing at the commencement of this Act there is such an extent of open space as required by that section, or a greater extent, such building shall have the same open space in the rear or at the side thereof as so required :

Page 44

128

34 & 35 Vict. __ Huddersheld Improvement Ch. ch. Act 1871.

- Where at that time there is not such open space, then the open

Continuance

space in the rear or at the side thereof, shall not be less than that which existed at the time of such dwelling-house being taken down.

123. Whenever any open space has been left belonging to any

of open space: building for the erection of which the approval of the Corporation

Continuance of space for old dwelling. houses.

Buildings in new streets.

Height of rooms.

Windows in rooms.

has been obtained, such space shall never afterwards be built on so as to leave a less open space than that shown on the deposited plan approved by the Corporation, without their further approval.

124. With respect to dwelling-houses existing at the com- mencement of this Act the following provisions shall have effect ; (namely,)

Where such a dwelling-house has an open space belonging to it not greater than that required by this Act for new dwelling-houses, that space, or any part thereof, shall never be built on without the approval of the Corporation :

Where such a dwelling-house has an open space belonging to it greater than that required by this Act for new dwelling-houses, that space, or any part thereof, shall never be built on so as to leave for that dwelling-house a less open space than that required by this Act for new dwelling-houses, without the approval of the Corporation. .

125. Before any dwelling-house is inhabited in a new street the street shall be formed, drained, and metalled to the satisfaction of the Corporation to such extent as the Corporation direct, according to the circumstances of each case ; and if any person allows or causes any dwelling-house to be inhabited in contravention of this section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for each day during which the offence continues after the expiration of forty-eight hours from service of notice thereof on him by the Corporation.

[Drainage must be completed and house approved by Corporation as fit for habitation before occupation : See. s. 185 of this Act ; Act of 1876 s. 94.]

126, Unless the Corporation otherwise allow, in every new building every room used as a dwelling or sleeping room below or partly below the level of the ground shall be in every part thereof eight feet six inches in height at least from the floor to the ceiling, and every other room so used, except rooms in the roof, shall be in every part nine feet in height at least from the floor to the ceiling, and every room in the roof so used shall be at least seven feet in height from the floor to the ceiling through not less than one half the area of the room. “

127. In a new building every room used as a dwelling or sleeping room shall have at least one window, and the total area of glass in the windows, clear of the frame and sash, shall be, unless in any case the Corporation otherwise determine, at least one tenth of the area of the room, and the top of one at least of the windows shall not be less than seven feet six inches above the floor, and in case of a sash window the upper half at least shall be made to open the full width, and in case of a casement window one half at least shall be made to open.

Page 45

34 & 35 Vict. Huddersfield Improvement Ch. ch. 129 Act 1871.

128. Every public building, school, shop, and factory erected after Sec.128-133 the commencement of this Act shall be supplied with MADS Of vonprtagion ' ventilation approved by the Corporation, and every room in any house of public or other building used after the commencement of this Act as a day buildings. school shall, unless supplied with special means of ventilation to the satisfaction of the Corporation, be so used, subject to the following regulations; (namely,) if the room is less than eight feet six inches in height from the floor to the ceiling, the space for each scholar shall be nine superficial feet at least, and if it is eight feet six inches or upwards in height, the space for each scholar shall be eight superficial feet at least.

129. Every new building intended to be used as a place of public Construction amusement or entertainment, or for holding large numbers of people of buildings for any purpose whatsoever, shall in its apparatus or means of pro- for public visions for lighting and warming, and for prevention of or precautions A*MUSement against fire, and in the number and dimensions of its entrances, stair- ~ cases, and means of access or of egress in case of fire, as well as its ventilation and means of supplying fresh air, be subject to the approval of the Corporation. In all such public buildings the doors shall be made to open outwards or in the direction of egress, but the outer doors shall not extend over the footway of any street.

[Extended and Corporation empowered to execute works in default: Act of 1882 s. 38.]

130. Every room used as a dwelling or sleeping room built after ventilation of the commencement of this Act of less area than one hundred super- habitable ficial feet, and without a fireplace, shall be provided with special means rooms. of ventilation by air shaft or otherwise, as the Corporation determine.

131. Where a new building intended or adapted for a dwelling- Prevention of house is erected on land on which no dwelling-house had been damp from previously erected, or on land theretofore used either as garden ground foundations. or as a yard, or on maiden soil, then and in each of those cases, unless the Corporation otherwise order, the soil must be excavated and removed to the depth of fifteen inches at least from the floor line, and, if required by the Corporation, a layer of concrete, clinkers, or other proper hard material of the thickness prescribed by the Corporation shall be spread thereon and well rammed before the floor is laid, and, unless the Corporation otherwise order, every new house shall have a course of blue bricks or slate set in cement, or of lead, or of other impervious material for the prevention of damp, laid immediately above the ground line on each external wall. '

132. In any building erected after the commencement of this Areas to be Act, in which the floor of any room or cellar intended to be used as @ open. dwelling or sleeping room is below the street or ground level, there shall be an open area not less than three feet wide from a level six inches below the floor level of such room or cellar to the ground or street level for the whole extent of such room or cellar, but this section shall not be taken to prevent any archway or covering from being laid across such area for the purpose of an approach to the doorway or windows of such house.

133. The level of the ground floor of every dwelling-house built Level of after the commencement of this Act shall be at least twelve inches ground floors. above the highest level of the footway or road adjoining or near the same.

Page 46

130 ‘ 34 & 35 Vict. Huddersheld Improvement Ch. ch. Act 1871.

Sec.1M4-140 134. All houses and buildings (whether erected after the com- mencement of this Act or not) which in the opinion of the Corporation are without sufficient drainage shall be drained in the most effectual manner practicable, and the mode of drainage, and all materials intended to be used in the construction of the drainage of buildings, shall be subject to the approval of the Corporation.

Drainage of buildings.

Occupation of 135. A new house shall not be occupied until the house drainage new houses. is completed, nor until the house has been approved by the Corporation as in every respect fit for human habitation.

[See s. 125 of this Act; also Act of 1876 s. 94.]

Construction 136. The drains of all houses and buildings shall consist of of house glazed, socketed, stoneware, or fireclay pipes, or other equally suit- drainage. able material in the judgment of the Corporation, of not less than six inches diameter interior measure, and shall be connected with the sewers in such manner as the surveyor directs. They shall be laid with water-tight joints, and shall be embedded in and surrounded with well-puddled clay. No right angle junctions, whether vertical or horizontal, shall be formed.

Ventilation of - 1387. Proper ventilation shall, if required by the Corporation, be house provided in the drainage of every house by means of the rain-water drainage. pipe, or by special pipe or shaft, or by such other method as the u Corporation directs. All other inlets to the house drains shall be properly trapped by means of syphon traps.

Drainage of _ 138. The house drainage shall be so constructed, either with subsoil, &c. additional earthenware pipes or otherwise, as to drain the subsoil of the buildings whenever the dampness of the site appears to the Corporation to make this necessary, and all rain water shall be so drained or conveyed from the roofs, cornices, and other parts of buildings as to prevent its dripping on to the ground, or causing dampness in the walls, or being a nuisance to passengers.

Construction _ 1389. There shall be at least one watercloset or privy, and one of water- ashpit, for every two dwelling-houses. The situation, dimensions, closets; &C. materials, and construction of every watercloset and privy shall be subject to the approval of the Corporation, and every watercloset or privy shall have an opening of at least twelve square inches as near to the top as practicable communicating directly with the external air, or shall be otherwise furnished with sufficient means of ventilation, and every watercloset shall have a ventilating pipe carried from the soil pipe to the roof of the building.

[As to rooms over privies, see Act of 1876 s. 95.]

Earth-closets - 140. Any provision of this Act, or of any other Act in force in may incertain the borough, requiring the construction of a watercloset, shall, with cases be con» the approval of the Corporation, be satisfied by the construction of $3232;ng an earth-closet or other place for the reception and deodorization water-closets. Of frcal matter made and used in accordance with any regulation from time to time issued by the Corporation, and the Corporation may, as respects any house in which such earth-closcts or other places as aforesaid are in use, with their approval, dispense with the supply of water required by any contract or enactment to be furnished to the waterclosets therein on such terms as may be agreed on between the Corporation and the person providing the earth-closet,

Page 47

34 & 85 Vict. Huddersfield Improvement Ch. ch. 131 Act 1871.

141. A cesspool shall not be allowed for a new house, except Sec.141-14$ when unavoidable, when it shall be constructed in such situation ANG Gonstruction in such manner as the Corporation direct. It shall in every case be of cesspools, made water-tight. It shall be arched or covered over, and a pipe or &c. shaft for ventilation shall be carried up from it, or from the drain communicating with it, from the watercloset or privy.

142. If at any time it appears to the Corporation on the report Certain of the surveyor that any building is used or intended to be used as wagerclosets a factory or workshop, or place in which persons of both sexes are 235125315“ employed or intended to be employed at one time in any manufacture; factories, &c. trade, or business, the Corporation may, if they think fit, by notice served on the owner or on the occupier thereof, require him, within a time specified in the notice, to construct such number of waterclosets or privies and urinals for the separate use of each sex as the Corporation direct ; and if any person neglects or refuses to comply with any such notice he shall for every such offence be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding forty shillings for every day during which the offence continues after the expiration of forty-eight hours from service of notice thereof on

him by the Corporation.

1438. The situation, dimensions, materials, and construction of Construction every ashpit shall be subject to the approval of the Corporation, and of ashpits, &c. shall be of sufficient size to contain the ashes and dry refuse likely to accumulate between the prescribed visits of the scavengers.

144, If any person covers any dwelling-house, or any building Prohibition adjoining to any other building, either wholly or in part with straw, of thatch. thatch, or other combustible material, he shall be liable to a penalty not exceeding ten pounds, and the Corporation may order such straw, thatch, or other combustible material to be removed by the owner of such building, and in default the Corporation may remove the same and recover the expenses of so doing from such owner.

145. From and after the commencement of this Act no pipe or Restrictions funnel for conveying smoke or steam shall at any time be newly fixed 5° {if} P11”? against any building next to any street or court, or on the inside $" MVC}, of any building, nearer than nine inches to any timber OT OthET gmoke, yms combustible material, nor shall any funnel built or made of brick or stone, or both, be newly placed on the outside of any building next to any street or court so as to extend beyond the general line of the buildings in the street or court ; and if any pipe or funnel is fixed or placed contrary to this Act, the occupier, or in case of there being no occupier, then the owner of the building to which the same belongs, shall within fourteen days next after notice served on him by the Corporation cause the same to be removed, and on default shall be liable to a penalty not exceeding ten shillings a day for every day during which such default continues after the expiration of the time specified in such notice.

146. The Corporation may vary, as they think fit, the intended Power to details and materials of any new building so as to make the same Y**S details of accord with the provisions of this Act, and of any byelaw thereunder, buildings, &c. or with the requirements of public health and safety.

Page 48

132

84 & 35 Vict. Huddersfield Improvement Ch. cL.

Act 1871.

Sec 147-151 147. The surveyor may at any reasonable time inspect any

Power of inspection.

Survey on completion of works.

Notice in case of irre- gularity.

Penalties relative to new build- ings.

Respecting existing con- tracts for building.

building in progress of construction, or any work connected therewith, but the owner or his agent, or the builder, shall give forty-eight hours notice in writing to the surveyor before the commencement of the building, and before any foundation of a new building or any sewer or drain is covered up, and the like notice after any work required by the Corporation to be done in amendment of any irregularity has been completed, and before the same is covered up.

[Powers of entry and inspection : ss. 304-5 of this Act ; Power of inspection extended : Act of 1876 s. 90.]

148. Within fourteen days after a building has been completed the owner shall give notice thereof to the surveyor, and the surveyor shall forthwith proceed to survey it, and shall report to the Corporation thereon.

149. If in the erecting of a building, or the execution of any work connected therewith, anything is done in contravention of this Act, or anything required by this Act is omitted, the surveyor may, within forty-eight hours after obtaining knowledge thereof, give to the owner of the building or his agent, or the builder, notice in writing requiring him, within a time specified in the notice, to amend what has been so done in contravention, or to do what is so required ; and if any such owner or builder fails to comply in any respect with the requirements of the present section he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for every day during which such failure continues after the expiration of a time to be specified in that behalf in the notice.

150. If any person begins to erect a new building without giving the notice required by this Act, or before the expiration of twenty-one days from the receipt by the Corporation of that notice, if given, or the previous approval of the Corporation, or begins to erect a new building which has been disapproved by the Corporation, or, after the Corporation has approved of a new building, makes, either before or after completion thereof, any alteration in the whole or in any part thereof so approved, without further previous approval by the Corporation of the alteration, or does anything in contravention of this Act, or omits to do anything required by this Act, or by the Corporation or surveyor under the authority of this Act, with reference to a new building, he shall be liable to a penalty not exceeding five pounds, and in case of a continuing offence to a further penalty not exceeding forty shillings for every day during which such offence continues after the expiration of twenty-four hours from service of notice thereof on him by the Corporation.

[Corporation empowered to alter works of a street or building improperly executed : Act of 1876 s. 91. Information in respect of breach of any provision of this section must be laid within three calendar months of discovery and within two years of the breach : Act of 1876 s. 96.]

151. Nothing in this Act or any byelaw thereunder shall make void any agreement in writing entered into before the commencement of this Act for erecting or altering any building, but the same may be performed with such alterations as may be rendered necessary by this Act or any such byelaw, and as if such alterations had been stipulated

Page 49

$4 & 85 Vict. _- Huddersfield Improvement Ch. ch. 133 Act 1871.

for in such agreement, and the difference between the cost of the work Sec.152-154 according to the agreement, and the cost thereof as executed according to this Act or any such byelaw, shall be ascertained by the parties to the respective agreements, and paid for or deducted, as the case may require, and in case of dispute such difference shall on the request of either party (notice being given to the other) be decided by the surveyor, and for his trouble in making such decision each party shall gay to him such sum not exceeding twenty shillings as the Corporation rect.

152. Where under a lease or agreement for a lease any person Alteration of has before the commencement of this Act covenanted or agreed to $0???th for erect a building, such building shall be built according to the provisions of this Act as if this Act had been passed and in operation at the time of the making of such lease or agreement, and as if the same had been made subject to this Act, and that without either party being entitled to any compensation.

VI.-BYELAWS AS TO STREETS AND BUILDINGS.

[See partial exemption from byelaws made under this Act of railvaay buildings other than dwelling-houses : s. 193 of this Act.

153. Subject to the express provisions of this Act, the Corporation Power to may from time to time make byelaws for all or any of the following make bye-

purposes ; (that is to say,) £22592???)

For laying down regulations with respect to the level, width, and streets, new construction of new streets and courts, and the provision to be PUildings, &c. made for the drainage thereof :

For laying down regulations with respect to the structure of walls of buildings for securing stability and the prevention of fire :

For laying down regulations with respect to the sufficiency of the space about buildings to secure a free circulation of air, and with respect to the ventilation of buildings :

For laying down regulations with respect to the drainage of buildings, and to waterclosets, privies, ashpits, and cesspools in connexion with buildings, and to their situation :

[Also " For prescribing and regulating the size, position, * construction and nature of privies, ashpits and depositories "* of fscal matter and refuse" : Act of 1876 s. 99 (8).]

But not so as to affect by any byelaw, for any of the purposes aforesaid, any building not being a new building within the meaning of this Act. "

154, Subject to the express provisions of this Act, the Corporation Power to may from time to time make byelaws for all or any of the following make bye-

purposes ; (that is to say,) 123931330

For regulating the thickness and construction of walls of or near new and old ovens and furnaces built, or wholly or partially rebuilt, after the buildings. commencement of this Act:

For closing buildings or parts of buildings unfit for human habita- tion, and for prohibiting the use thereof for human habitation ;

[See ss. 191 and 192 of this Act.]

Page 50

134 84 & 35 Vict. Huddersfield Improvement Ch. cl. Act 1871.

Sec 155-157 For prohibiting the occupation, as a dwelling or sleeping room, of any room any portion whereof extends immediately over any privy, ashpit, midden, or cesspool, or for enforcing the removal or alteration of such privy, ashpit, midden, or cesspool :

[See Act of 1876 s. 95.]

For compelling owners of buildings in streets to provide and keep proper spouts, troughs, and pipes to carry off water from the roofs and other external parts thereof :

And byelaws for purposes of this section may affect any building, whether new or not.

Provisions in - 155. Subject to the express provisions of this Act, the Corporation byelaws for may provide for the observance of any byelaws made under the two notices, &¢. last foregoing sections by inserting therein such provisions.as they think necessary-

As to the giving of notices ;

As to the deposit of plans and sections by persons intending to lay out streets, or to construct or alter buildings ;

As to inspection by the Corporation ;

And as to the power of the Corporation to remove, alter, or pull down any work begun or done in contravention of such byelaws.

VII.-SEWERS ; SANITARY ARRANGEMENTS.

Sewers and 156. All existing and future public sewers within the borough, and works vested all existing and future sewers in and under the streets and courts, in Corpora- _ with all the works and materials thereunto belonging, whether made or tion. provided at the cost of the Corporation, or otherwise, and the entire management of the same, with the appurtenances, shall vest in and belong to the Corporation, and the Corporation shall maintain, cleanse, and flush the same.

Power to con. 157. The Corporation may from time to time make the sewers struct sewers necessary for the effectual sewerage of the borough, and convert any glbhmd or open drains or watercourses into sewers, and construct all works bor 23811 necessary for cleansing or flushing sewers, and may make any such ' sewers under the streets in the borough, and if needful, they may carry sewers through and across underground cellars and vaults under any streets in the borough, doing as little damage as may be, and making full compensation for any damage done, and they may continue sewers to the most convenient site for the collection of sewage, and the disposal thereof by sale for agricultural or other purposes, or otherwise, but so that the same in no case become a nuisance, and so that no site for the collection of sewage or the disposal thereof shall be taken with- out the previous consent in writing of the owner of such site ; and if for effecting any of the purposes aforesaid the Corporation deem it expedient to carry or construct any sewer or work under, through, or on any road, thoroughfare, or place beyond the borough, or through, under, or on any lands within or beyond the borough, the Corporation may so carry or construct the same accordingly, and remove all obstructions thereon or thereunder, making full compensation to the owners and occupiers of any such lands.

[As to lconvergion of foul brooks into sewers: See Act of 1876 s. 92.

Page 51

84 & 35 Vict. _- Huddersfield Improvement Ch. cli. 135 Act 1871.

158. The Corporation, for the purpose of clearing, cleansing, and See.158-162 emptying the sewers belonging to them or under their management, from time to time may construct and place, either above or under ground, such reservoirs, sluices, engines, and other works as may be necessary, and may cause all or any of such sewers to communicate with and be emptied into such places as may be fit and necessary, and may cause any sewage or refuse therefrom to be collected for sale for any purpose whatever, and may contract with any company or persons for the sale of sewage or for the distribution of it over any lands, and may contract for, purchase, or take on lease any lands, buildings, engines, materials, or apparatus for the purpose of receiving, storing, disinfecting, or distributing sewage, and may exercise the powers given by this section either within or beyond the borough, but not so as to create a nuisance.

[Corporation empowered to use lands at Deighton for purposes of this section: Act of 1880 s. 100 and Fourth Schedule Part II.] "

159. The Corporation may from time to time, for the purpose of Contract for utilising sewage, agree with any person as to the supply of such supply of sewage, and works to be made for the purpose of that supply, and the parties to execute the same, and to bear the costs thereof, and the sums of money, if any, to be paid for that supply ; and the Corporation may contribute to the expense of the carrying into execution by such person of all or any of the purposes of such agreement, and may become shareholders in any company with which any agreement in relation to the matters aforesaid is entered into by the Corporation, or to or in which the benefits and obligations of such agreement is transferred or vested; and all expenditure in consequence of the exercise of the power conferred by this section shall be deemed to have been incurred by the Corporation in the construction or due maintenance of the necessary sewers for carrying away sewage, and shall be provided for accordingly ; but no contract shall be made under this section for the supply of sewage for a period exceeding twenty-five years.

Disposition of sewage.

160. The Corporation may deal with any lands held by them for Power to deal the purpose of receiving, storing, disinfecting, or distributing sewage with land - in such manner as they deem most profitable, either by leasing the ”fifpmpmmd same for a period not exceeding fourteen years for agricultural pur- 1,533,195? poses, or by contracting with some person to take the whole or a part of the produce of such lands, or by farming such lands and disposing of the produce thereof, subject to this restriction, that in any appropriation of such lands provision shall be made for receiving, storing, disinfecting, or distributing all the sewage which it is the duty of the Corporation to cause to be disposed of in that manner.

161. Nothing in the foregoing provisions contained shall authorise Nothing in the Corporation to do or be party to any act or thing amounting to a "©

P authorise a nuisance. nuisance.

162. It shall not be lawful for any person to cause or suffer any Prohibition refuse from any manufactory or work that would be destructive of or of throwing injurious to vegetation, or that would otherwise interfere with the utilization of the sewage of the borough, to flow or to pass into any 122° sewer of the Corporation or to flow or pass into any drain, channel, or *' watercourse communicating with any such sewer, in such manner that

Page 52

136 34 & 385 Vict. Huddersheld Improvement Ch. cli. Act 1871.

Sec.163-166 the same will be carried by, through, or out of such drain, channel, or watercourse into any such sewer; and if any person is guilty of any act or omission in contravention of this section he shall be liable to a penalty not exceeding twenty pounds, and in case of a continuing offence to a further penalty not exceeding forty shillings for every day during which such offence continues after the expiration of a time to be determined in that behalf by the justice before whom he is convicted : Provided that any person charged with an offence against this section shall not be convicted thereof, if he shows to the satisfaction of the justice before whom he is charged that he has duly used the best nown practicable means of depriving the refuse from his manufactory or work of qualities that would make it destructive of or injurious to vegetation, or likely to otherwise interfere with the utilisation of the sewage of the borough,

Power to 163. The Corporation may from time to time, as they see fit, enlarge or _- enlarge, alter, divert, and otherwise improve all or any of the sewers demolish vested in them or constructed by them, and under their control, and if sewers. any such sewer at any time appears to them to have become useless, they may, if they think fit, demolish and discontinue it, but not so as to create a nuisance ; and if by reason of the exercise of the powers of the present section any person is deprived of the lawful use of any sewer, the Corporation shall provide some other sewer as effectual for his use as the one of which he is so deprived.

Compensation - 1604, If the owner or occupier of any lands is injuriously affected for “gruff“ by the exercise of the powers relative to sewers by this Act conferred neete@ **" _ on the Corporation, the Corporation shall pay to him compensation in sewers. respect thereof.

Penalty for 165. If any person not authorised by the Corporation makes any making un. - sewer or drain into any sewer of the Corporation he shall be liable to authorised _ a penalty not exceeding five pounds, and the Corporation may cause drains. such sewer or drain to be re-made, as they think fit, and may recover from him the expenses of so doing; and where any person is entitled to have a communication of a sewer or drain made into a sewer of the Corporation, such communication shall be made only by the Corporation at the expense of the person so entitled, and the amount of the expense, as estimated by the surveyor, shall be paid to the Corporation before the work is commenced, and the Corporation shall restore to the person paying the same any surplus, and may recover from him any deficiency, as respectively ascertained on the completion of the work.

na; 166. No building shall be erected over any sewer belonging to the Buildings - f R > . tae over sewers Corporation without their consent first obtained in writing, and all rot to be vaults, arches, and cellars lawfully made under any street shall be made without substantially made, and so as not to interfere or communicate with any 321321;th sewer of the Corporation ; and if after the commencement of this Act

any building is erected, or any vault, arch, or cellar is made in contra- vention of the provisions herein contained, the Corporation may demolish or fill up the same, and the expenses incurred thereby shall be paid by the person erecting such building or making such vault, arch, or cellar.

[As to vaults and cellars under streets : see s. 68 of this

Act p. 116.]

Page 53

34 & 35 Vict. Huddersheld Improvement Ch. cli. 137 . Act 1871. '

167. Where any person is the owner or occupier of any building Sec.167-173 or lands outside the borough in respect of which he would not be liable to the payment of rates under this Act, he may, with the consert 131228“ . , mad | +4 > ade by of the Corporation first obtained in writing, on payment to them Of & owners and reasonable sum of money, periodically or in gross, to be agreed on, occupiers of have a communication into a sewer of the Corporation of any sewer or land beyond drain for the purposes of his buildings or lands aforesaid that may be lawfully made therefrom ; but nothing in this Act shall affect any right acquired by such owner or occupier independently of this Act to use any sewer of the Corporation.

168. If it appears to the Corporation that any building or land Deduction was sufficiently drained before the construction of any new sewer laid £313,329“ down by the Corporation, they may deduct from the rates otherwise &c.8ufficiengtjy chargeable in respect thereof such a sum and for such time as under drained.

all the of the case they deem just.

169. If any person throws or permits to fall into any sewer or Penalty on drain any cinders, ashes, bricks, rubbish, stone, earth, or other like throwing substance, he shall be liable to a penalty not exceeding forty shillings, rubbish into and the Corporation may remove the same and repair any damage ~' -__- caused thereby, and recover the expenses of so doing from the offender.

170. All sewers and drains, whether public or private, shall be All sewers, provided by the Corporation or other persons to whom they severally &c. to be belong with proper traps or other coverings or means of ventilation ©°Y°ered so as to prevent stench. with traps.

171. The Corporation shall require the owner of every house Corporation within the borough to which no sufficient privy and ashpit with proper may require door and coverings is attached to provide, where it appears to them that gwners of there is room enough for the purpose, such privy and ashpit, in such ggffifeto situation, not disturbing any building then already erected, as the grivieg and Corporation deem necessary for the use of the inmates and occupiers ashpits for thereof, and the owner shall, within one month after service of such the same. requisition, provide the same; and every such privy and ashpit shall be constructed to the satisfaction of the Corporation so as effectually to prevent the escape of the contents thereof; but where a privy or ashpit is used in common by the inmates and occupiers of two or more houses the Corporation may, if they think fit, dispense with the provision of a privy or ashpit for each house.

[Penalty for permitting ashpit &c. used in common to be a nuisance : Act of 1880 s. 88.]

172. All drains, privies, ashpits, and cesspools shall be under the Drains, survey and control of the Corporation, and shall be altered, repaired, Privies, &c. and kept in proper order, as directed by the Corporation, by and at to be under the expense of the owners of the lands and buildings to which the antrolgf same belong, or for the use of which they are constructed or continued. orporavion.

[Corporation may order alteration of privy, tub-closet, ashpit, or other like accommodation according to such system as they may approve, and may order any cesspool injurious to health to be closed or disused : Act of 1880 s. 71.]

173. The Corporation may by notice require the owner of any Connexion building or lands (not being lands used exclusively for agricultural of drains purposes) in their opinion insufficiently drained to construct a drain in sewer

Page 54

188

Sec. 174

Provisions respecting construction of drains.

34 & 35 Vict. __ Huddersfield Improvement Ch. cli. ° Act 1871.

such position, of such size and materials, and at such levels, as seem to the Corporation sufficient for the purpose of effectually draining the same; and if the Corporation have a suitable sewer, or the right to use such a sewer, within one hundred feet from such building or the boundary of such lands, they may require such owner to connect his - drain with that sewer, or if they have not any suitable sewer or right to use such a sewer within that distance, then to connect it with some proper receptacle, not being underneath a house, and not being at a greater distance than the one hundred feet aforesaid ; and the owner shall keep such drain in repair, and from time to time cleanse the same, to the satisfaction of the Corporation : Provided that nothing in this section shall make it obligatory on any such owner to acquire any land or easement for the purpose of constructing any drain or receptacle, or of connecting any drain with any sewer.

[" One hundred and fifty feet" substituted for" one hundred feet" in this section: Act of 1876 s. 89. Excavations to be drained before erection of buildings, if sewer within one hundred and fifty feet: Act of 1876 s. 87. As to contribution by owner to cost of sewer constructed after 1876 within one hundred and fifty feet of his building: see Act of 1876 s. 86.]

174. With respect to the construction of drains, the following provisions shall have effect; (that is to say,)

(1.) Where the owner or occupier of any house or building, in consequence of notice from the Corporation, or otherwise, constructs and lays down a drain from such house or building, the Corporation shall superintend and control the construction and laying down thereof, ard as far as the same passes under any street or road shall construct and lay the same :

(2.) The expenses incurred by the Corporation in the construction and laying of such drain shall be ascertained and certified by the surveyor, and the Corporation shall order payment thereof by the owner of such house or building either in one sum or more sums, and at such time or times, as they think fit, and in default of payment according to such order the same shall be recoverable by the Corporation, and the production of a copy of such order certified under the hand of the town clerk, with proof of delivery of a copy of such order at the dwelling-house or last known place of abode of the person to be charged therewith, shall be primi facie evidence of the liability of such person to pay the amount therein specified :

(3.) Provided that nothing in this section shall empower the Corporation to require such owner or occupier to construct and lay down a drain if there isnot a sewer of the Corpora- tion, or a sewer which they are entitled to use, within one hundred feet from some part of the house or building, or to order payment of the expenses of constructing and laying down any portion of a drain lying beyond one hundred feet from some part of such house or building.

["One hundred and fifty feet" substituted for "one hundred feet" in this section: Act of 1876 s. 89.]

Page 55

34 & 35 Vict. Huddersheld Improvement Ch. cli. 139 Act 1871.

175. When in the opinion of the Corporation there is reasonable Sec 175-177 ground to believe that the drainage of any building or of any lands Power to (not being lands used exclusively for agricultural purposes) is defective, enter and and in any case where the drains for any building or lands pass through inspect any other building or lands, the surveyor or sanitary inspector may, to between the hours of eight o'clock in the morning and six o'clock in of the evening, enter on and inspect any such building or lands, and if drainage, &c. need be make such excavations or examination thereon or therein as he thinks fit with a view of ascertaining the state of the drainage thereof, and of any privy, ashpit, or cesspool belonging thereto or used by the occupiers thereof, doing as little damage as possible ; and if on such inspection the same is found satisfactory the Corporation shall reinstate all parts of the building and lands disturbed or excavated, and shall make compensation for any injury occasioned by the excercise of such owers ; but except in case of urgent necessity no such entry and inspection shall be made, save with the consent of the occupier or person in charge of the premises, or with the authority in writing of a justice, which authority any justice may give.

176. The Corporation and any other body being a sewer authority Power to within the Sewage Utilisation Act, 1865, or any Act amending the same, filth“ may combine together for the purpose of executing and maintaining any works that may be for the benefit of their respective districts, ~ and all money which they agree to contribute for the execution and maintenance of such common works shall, in the case of the borough, be deemed expenses of the execution of this Act, and in the case of the sewer authority be deemed expenses incurred by them in the execution of works within their district, and shall be raised accordingly.

[The Sewage Utilization Act 1865 was repealed by the Public Health Act 1875. By s. 813 of the latter Act, its provisions were substituted for the same or similar provisions of the Acts repealed thereby.]

177. The Corporation may, with the consent of the local board of Power for any district adjoining to the borough, or with the consent of any place Corporation maintaining its own poor adjoining to the borough, do or execute in 230320th that district or place any work or thing which the Corporation may dO agjoining or execute within the borough, on such terms, as to payment and other places. things, as may be agreed on, subject and according to the following provisions ; (namely,)

(1.) Any money agreed to be paid by a local board under this section shall be payable out of the general district rates leviable by them, and any money agreed to be paid by any local authority of any such place under this section shall be payable out of the rates leviable by that authority for the expenses of executing the Nuisances Removal Act, 1855, or other rates leviable by them :

(2.) The consent of any such place to any work or thing proposed to be done under this section shall be signifier? in the manner in which the consent of that place to the adoption of the Local Government Act, 1858, would under that Act be properly signified : (3.) Where the expenses of any such work or thing would, if it had been executed in the district of a local board under the powers of the Local Government Act, 1858, have been

Page 56

140

Sec.178-182

Powers of Act cumula- tive.

Power to provide for collection, &c. of night-soil.

Occupiers to cause foot. ways to be swept.

Power to appoint or contract with scavengers.

Dirt, &c. collected by scavengers vested in Corporation.

34 & 35 Vict. _ Huddersfield Improvement Ch. cl. Act 1871. recoverable from owners or occupiers, the same shall be

recoverable by the local board or local authority of the

district or place respectively from such owners or occupiers : ,

(4.) The local board or local authority shall make all such com- pensation to owners or occupiers and others injuriously affected by any work or thing done or executed under this section as a local board is liable to make in case of works executed under the powers of the Local Government Act, 1858, the amount thereof to be determined in manner provided by that Act.

[The Nuisances Removal Act 1855 and the Local Government Act 1858 were repealed by the Public Health Act 1875 : see note to s. 176 of this Act.]

178. All powers given by this Act shall be deemed to be in addi- tion to and not in derogation of any other powers conferred on the Corporation in relation to sewers by Act of Parliament, law, or custom, and the Corporation may exercise such other powers as if this Act had not been passed.

179. For the purpose of collecting and depositing nightsoil, dung, ashes, and other filth and rubbish, the Corporation may provide horses, carts, dust boxes, implements, and other things, and may purchase by agreement or hire any lands or buildings, and may erect any new buildings or alter any existing buildings, but such collection and deposit shall be so made and at such places as not to create a nuisance.

180. The occupiers of buildings and lands (not being arable, meadow, or pasture land, or a nursery or market garden) in every street or court shall once in every day (Sundays excepted}, before eight of the clock in the forenoon of each day, cause to be swept and cleansed the footways and pavements in front or at the side of their respective buildings and lands; and if any such occupier makes default herein he shall for every such offence be liable to a penalty not exceeding five shillings, and for this purpose, where a house is let in separate apartments, the person letting such apartments shall be deemed the occupier.

181. The Corporation shall, either for the whole borough or for any parts or part thereof as they from time to time think fit, make provision for the sweeping, cleansing, and watering of the streets and footways, and for the carrying and removing of snow, ice, dirt, dust, dung, cinders, ashes, rubbish, filth, and soil away therefrom, and from houses, and for emptying privies, cesspools, and ashpits, but so that nothing in this Act shall authorise the Corporation to carry away or remove any dung from any stable or cowshed without the consent of the occupier thereof; and if any contractor with the Corporation for the purposes aforesaid, or any of them, or any person employed by or acting under any contract or agreement with him, fails in any respect properly to perform the stipulations of any such contract the contractor shall be liable to a penalty not exceeding five pounds, and each instance of such failure in respect of any or every street, footway, house, privy, cesspool, ashpit, or place shall be deemed a separate offence.

182. All dirt, dust, dung, nightsoil, ashes, rubbish, or filth collected or removed by the Corporation shall be the property of the Corporation, and may be sold or disposed of by them.

Page 57

34 & 35 Vict. Huddersfield Improvement Ch. cl. 141 Act 1871.

183. If any person not being a scavenger employed by or con- Sec 183-188 tracting with the Corporation, and not having obtained their consent empties any privy, cesspool, or ashpit, or removes any soil or ashes _,, [, persons therefrom, or from any receptacle for soil or ashes communicating than scaven- therewith, or from any street, he, and also any person employing him gers for that purpose, shall be liable to a penalty not exceeding forty emptying shillings; but nothing in this section shall prevent the occupier of the Privies, &c. house with which such privy, cesspool, or ashpit is used from emptying the same, or removing soil or ashes therefrom, in order to use the soil or ashes on any garden or land occupied by him, provided he uses the same accordingly.

Penalties on

184. If the Corporation do not, within seven days after notice in Penalty on writing from the occupier of any house in any part of the borough in Corporation which the Corporation undertake the scavenging requiring them to for not empty any privy, cesspool, or ashpit belonging to such house, or used ,_ by the inmates or occupiers thereof, cause the same to be emptied, the {y, emptied. Corporation shall pay to the occupier of the premises a sum not exceeding ten shillings for every day during which such default continues after the expiration of the said seven days.

185. The Corporation may make a reasonable charge on the Charge for occupier of the building to which a privy, cesspool, or ashpit belongs emptying for the emptying of the same. ashpits, &c.

186. The Corporation may from time to time make byelaws for Power to all or any of the following purposes; (namely,) make bye-

, . . 2. laws for For regulating the cleansing and keeping clean of privies, and the regulation of

times and mode of removal of the contents of privies, cesspools, scavengers ashpits, and receptacles for soil and ashes : &e.

For regulating the conduct of the scavengers, and for prescribing whether they shall wear any and what badges, and for punishing extortion, imposition, misconduct, or misbehaviour in them.

187. The Corporation may provide, cleanse, and maintain such Public privies public privies and urinals in or near public streets or courts or other and urinals. public places as they deem expedient, and (by agreement) in or near any private buildings or lands. f [Extended to public waterclosets and lavatories : Act of 1880 s. 78.

Corporation empowered to make byelaws as to user of public waterclosets : Act of 1880 s. 79.]

188. The Corporation may order the occupier of any inn, public- Urinals house, beerhouse, eating-house, cook-shop, or other place of public attached to entertainment built before or after the commencement of this Act, to public-houses provide and maintain at a place belonging to or occupied by him, to be ** selected by the Corporation upon or adjoining to his premises, urinals to the satisfaction of the Corporation ; and if any person fails in any respect to comply with the provisions of the present section he shall be liable to a penalty not exceeding five shillings for every day during which such failure continues after the expiration of fourteen days from the service of such order on him, and the Corporation may order the owner and occupier of any building or lands to remove any urinal belonging thereto where it appears to them so situated or constructed as to be a nuisance or offensive to public decency, or otherwise objectionable.

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142 34 & 35 Vict. Huddersfield Improvement Ch. cl. Act 1871.

Sec.189-191 189. If any nuisance or annoyance to the inhabitants of the Power to deal borough arises or exists in or upon any building, or the curtilage with nuisance thereof, situated partly within and partly without the borough, the on premises - Corporation shall have, in respect of such building and curtilage, and partly within the owner and occupier thereof, such and the like powers as they would and partly _ have had if the whole of such building aud curtilage had been within

without borough. the borough. Cleansing 190. In case any watercourse, brook, ditch, drain, pool, reservoir,

water.courses or other accumulation of water is or forms part of the boundary line &c. forming between the borough and any adjoining township or place, and in the ggmdai‘es °f opinion of the Corporation requires to be drained, cleansed, scoured, roug"> deepened, widened, straightened, covered over, or otherwise improved, the Corporation and the local authority (mentioned in the Nuisances Removal Act for England, 1855, or any Act amending that Act) of such township or place may enter into an agreement for the execution of such works, ans for the payment of the expenses of and incident to the same; and if no agreement is made, the Corporation may summon such local authority to appear before two justices, not being members of the council, to show cause why an order should not be made by such justices for executing such permanent or other structural works in relation to the watercourse, brook, ditch, drain, pool, reservoir, or accumulation of water, as may appear to the justices necessary, and such justices, after hearing the parties, or ex parte in case of the default of any of them to appear, may make such order with reference to the execution of such works, and may determine by whom the same shall be executed, and by whom and in what proportion the expenses of the execution thereof (such expenses to include compensation to any person for any damage he may sustain in or by reason of the execution of such works) shall be paid, and also the amount, time, and mode of payment of such expenses, and the same shall be paid accordingly, and in default of payment such sum may be levied upon the gczfods and chattels of such local authority by distress and sale thereof.

[The Nuisances Removal Act for England 1855 was repealed by the Public Health Act 1875: see note to s. 176 of this Act. As to protecting watercourses from encroachment obstruction or pollution: see s. 299 of this Act; also Act of 1880 ss. 86 and 87. As to cleansing covering &e. of foul brooks in the borough : see Act of 1876 s. 92.]

Buildings 191. In any case where it is certified to the Corporation by the unfit for officer of health of the borough, or by the surveyor, or by the sanitary habitation. inspector, or by any two registered medical practitioners, that any building or part of a building, including any building belonging to a railway company in the borough, is unfit for human habitation, the Corporation may, by their order affixed conspicuously on the building or part of the building, declare that the same is not fit for human habitation, and shall not after a date therein specified be inhabited ; and no person after the date or time mentioned in such order shall let or occupy, or continue to let or occupy, or knowingly suffer or permit to be occupied, such building or part of a building ; and if any person acts in any respect in contravention of this provision he shall be liable to a penalty not exceeding ten pounds, and to a further penalty not exceeding forty shillings for every day during which such offence

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34 & 385 Vict. Huddersfield Improvement Ch. ch. Act 1871.

continues : Provided that if at any time after such order is made the Corporation are satisfied that such building has become or being rendered fit for human habitation, they may revoke their order, and the same shall henceforward cease to operate, and so toties quoties : Provided always, that the Corporation shall not make any such order in respect of or affecting any building or part of a building belonging to a railway company, unless and until the railway company shall for a period of one month after they have been served with notice requiring them to render such building fit for human habitation have failed to do so. Every such notice shall be in writing, and shall be delivered or sent by post addressed to the secretary of the railway company, at their principal office or place of business.

[Power to make byelaws for closing buildings unfit for human habitation : see s. 154 of this Act.]

148

Sec. 192

192. For preventing the use for human habitation of any under- Restrictions ground room unfit for that purpose (and which expression " under- in use for

ground room " means for the purposes of this enactment, every cellar, vault, or room which has more than one half of its height below the level of the adjoining street or ground), the following provisions shall have effect ; (namely,)

[ "Unfit for human habitation " in this section means " unfit for human habitation as a separate dwelling": Act of 1876 s. 93.]

(1.) It shall not be lawful for any person to let or suffer to be occupied, orto occupy as a separate dwelling, any underground room not so let or occupied before the commencement of this Act, and if any person acts in any respect in contravention of the present provision he shall be liable to a penalty not exceeding ten pounds : ‘

(2.) In case at any time after the commencement of this Act it appears to the Corporation that any under-ground room occupied as a separate dwelling, having been so occupied before the commencement of this Act, is unfit for human habitation, regard being had to the mode of its construction and to its condition, or to the supply or want of sanitary or other conveniences to be used therewith, the Corporation may, by order served on the owner and occupier thereof, order that the occupation thereof as a separate dwelling be from the expiration of one month from the service of such order discontinued :

[See form of order: Fourth Schedule No. 6.]

(8.) If an owner appeals against any such order, the occupation as a separate dwelling of the under-ground room to which the order relates need not be discontinued until the expiration of fourieen days after the confirmation of the order of the Corporation, unless such appeal ceases to be prosecuted :

(4.) If any person lets or knowingly suffers to be occupied, or occupies as a separate dwelling, any under-ground room after the time when the occupation thereof as a separate dwelling ought to be discontinued according to the provisions of this Act, he shall be liable to a penalty not exceeding twenty shillings for every day during which the offence continues ; but any owner shall not be liable to such penalty in respect

dwellings of under-ground rooms.

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144

Sec.193-195

Exemption of certain railway buildings from opera- tion of Act.

Quantity of air for lodgers

Regulations as to lodging houses.

84 & 35 Vict. Huddersheld Improvement . Ch. ch. Act 1871.

of any time after he has given notice to his tenant to quit and deliver up possession of such under-ground room, and has ccased to receive or claim any rent for the hire or occupation thereof, and the burden of proving such notice, and that he has ceased to receive or claim any rent as afore- said, shall be on the owner :

(5.) On the application of the Corporation, and proof of the order ‘ for the discontinuance of the occupation as a separate dwelling of any such under-ground room, and proof that no appeal in relation thereto is pending, any justice may order the occupants of such under-ground room to be removed, and any constable may enter therein, and do or assist in doing all matters and things necessary for that purpose; and in the event of access thereto for that purpose being refused any justice may grant a warrant for forcibly entering therein ; and if any person resists or wilfully obstructs any constable in the execution of his duty under the present section he shall be liable to a penalty not exceeding twenty pounds.

193. The provisions of this Act with respect to buildings, and the regulations with respect to buildings contained in any byelaw made pursuant to.this Act shall not extend or apply to any building other than a dwelling-house belonging to or used or intended to be used and occupied by a railway company or companies for the purposes of their business, except with respect to the height and construction of chimneys, and the drains and other sanitary details of such buildings, the lines of such buildings where the same adjoin or abut upon a street or court; and the provisions of this Act with respect to the paving and improving, and altering levels of streets, courts, and of other places, and of fencing in land built or unbuilt on, shall not extend or apply to the open space belonging or claimed to belong to the London and North.-western Railway Company and Lancashire and Yorkshire Railway Company situate in front of the Huddersfield railway station, and forming the approach to that station, nor to any road within the curtilage or boundary of the same station.

[By s. 21 of this Act railway premises outside the Improvement Act area having no communication with a street on which the same abut, are not to be deemed to be in such street for the purposes of this Act ; see also Act of 1880 s. 73.]

194. It shall not be lawful for any person to suffer any lodgers to use as a sleeping room any room in any house belonging to or occupied by him, unless there are in such room three hundred cubic feet of space at least for every person at any time using it as a sleeping room; and if any person offends against this enactment he shall be liable to a penalty not exceeding forty shillings, and to a further penalty not exceeding twenty shillings for every day during which such offence continues. ’

195. The provisions set forth in the third schedule to this Act shall have effect as if they were enacted in the body of this Act, with respect to houses or parts of houses let in lodgings or occupied by members of more than one family ; but nothing in this section or those

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34 & 35 Vict. Huddersfield Improvement Ch. cli. Act 1871.

provisions shall apply to common lodging houses within the Common Lodging Houses Act, 1851, or any Act amending the same.

[The Common Lodging Houses Act 1851 is repealed by the Public Health Act 1875, the provisions of which are by virtue of s. 313 substituted for the same or similar provisions of the Act repealed. See now Public Health Act 1875 ss. 76-89.]

VIII.-PROTECTION OF WORKS.

196. Nothing in this Act shall authorise the Corporation, except as regards works shown on the deposited plans, and except as regards public sewers,-

(1.) To use, injure, or interfere with any sluices, floodgates, sewers, or other works made before or after the commencement of this Act under the authority of any Commissioners of Sewers appointed by the Crown, or any sewers or other works made before or after the commencement of this Act, and used for the purpose of draining, preserving, or improving lands under auy local or private Act of Parlia- ment, or for the purpose of irrigating lands, without consent in writing first obtained from such commissioners, or from persons acquiring rights under such local or private Acts respectively ; and nothing in this Act shall affect rights, privileges, powers, or authorities given or reserved to any person by or under such local or private Acts ;

(2.) To interfere with any river, canal, towing-path, dock, harbour, lock, reservoir, or basin so as to injuriously affect the navigation thereon or the use thereof, or to interfere with any towing-path so as to interrupt the traffic thereof, in cases where any corporation, company, undertakers, commissioners, conservators, and trustees or individuals are by virtue of any Act of to navigate on or use such river, canal, towing-path, dock, harbour, lock, reservoir, or basin, or in respect of the navigation on or use of which river, canal, towing-path, dock, harbour, lock, reservoir, or basin, any corporation, company, undertakers, commissioners, conservators, and trustees or individuals, are entitled by virtue of any Act of Parliament to the receipt of any tolls or other dues ;

(3.) To interfere with any watercourse or stream in such manner as to injuriously affect the supply of water to any river, canal, dock, harbour, reservoir, or basin in cases where any corporation, company, undertakers, commissioners, con- servators, trustees, or individuals (being authorised by virtue of any Act of Parliament to navigate on or use such river, canal, dock, harbour, reservoir, or basin, or to demand an tolls or dues in respect of the navigation on or use of suc river, canal, dock, harbour, reservoir, or basin) would if this Act had not been passed have been entitled by law to prevent or be relieved against such interference (provided that in this section the term watercourse shall not be deemed to include any sewer of the Corporation) ;

(4.) To interfere with any bridge crossing any river, canal, towing- path, dock, harbour, or basin in cases where any corporation,

145

Sec. 196

Saving for sluices, canals &e.

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146 84 & 35 Vict. Huddersheld Improvement Ch. cl. Act 1871.

Sec.197-198 company, undertakers, commissioners, conservators, trustees, or individuals are authorised by virtue of any Act of Parliament to navigate or use such river, canal, towing- path, dock, harbour, or basin, or to demand any tolls or dues in respect of the navigation or use of such river, canal, towing-path, dock, harbour, or basin ;

(5.) To execute any work in, through, or under any wharves, quays, docks, harbours, or basins to the exclusive use of which any corporation, company, undertakers, commissioners, con- servators, trustees, or individuals are entitled by virtue of any Act of Parliament, or for the use of which they are entitled by virtue of any Act of Parliament to demand any tolls or dues ;

(6.) To interfere with any railway, railway viaduct, bridge, tunnel, water pipes, or other works of any railway company ;

without the consent in every case of such corporation, company, undertakers, commissioners, conservators, trustees, or individuals, expressed in writing, in the case of a corporation under their common seal, and in the case of a company, undertakers, commissioners, conservators, trustees, or individuals, under the hand of their clerk or

other duly authorised officer or agent.

$9222; e 197. In executing any works of public sewerage affecting any works to be railway or railway works, canal, or towing-path, the same shall be executed to executed according to plans to be submitted to and approved by the satisfaction of engineer for the time being of such railway or canal company affected engineer of thereby, to the satisfaction of such engineer and under his

$323? superintendence.

Works inter- 198. Where any matters or things (other than works shown on fering with the deposited plans) proposed to be done by the Corporation, not improvement being within (age prohibition aforesaid, interfere with the improvement of rivers, &c. of any river, canal, towing-path, dock, harbour, lock, reservoir, or xfigxgjs basin which any corporation, company, undertakers, commissioners, ~- conservators, trustees, or individuals are entitled by virtue of any Act of Parliament to navigate on or use, or in respect of the navigation whereon or use whereof to demand any tolls or dues, or interfere with any works belonging to such river, canal, towing-path, dock, harbour, or basin, or with any lands necessary for the enjoyment or improve- ment thereof, the Corporation shall give to such corporation, company, undertakers, commissioners, conservators, trustees, or individuals as last aforesaid a notice specifying the particulars of the matters and things so proposed to be done, and if the parties on whom such notice ~ is served do not consent to the requisitions thereof the matter in difference shall be referred to arbitration, and the following questions shall be decided by such arbitration ; (that is to say,)

(1.) Whether the matters or things so proposed to be done by the Corporation will cause any injury to such river, canal, towing-path, dock, harbour, basin, works, or land, or to the enjoyment or improvement of such river, canal, towing-path, dock, harbour, or basin : (2.) Whether any injury that may be caused by such matters or things, or any of them, is or is not of a nature to admit being fully compensated by money.

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34 & 35 Vict. Huddersfield Improvement Ch. cl. 147 Act 1871.

199. The result of any such arbitration shall be final, and the Sec.199-202 Corporation may or shall (as the case may require) do as follows; Effect of (that is to say,) arbitration.

If the arbitrators are of opinion that no injury will be caused, the Corporation may forthwith proceed to do the proposed matters and things : If the arbitrators are of opinion that injury will be caused, but that such injury is of a nature to admit of being compensated by money, they shall proceed to assess such compensation, and on payment of the amount so assessed, but not before, the Corporation may proceed to do the proposed matters :

If the arbitrators are of opinion that injury will be caused, and that it is not of a nature to admit of being compensated by money, the Corporation shall not proceed to do any matter or thing in respect of which such opinion is given : Provided always, that any matters and things so to be done affecting any railway or railway works, canal, or towing-path, shall be executed only according to plans to be submitted to and approved by the engineer for the time being of the railway or canal company affected thereby, to the satisfaction of such engineer and under his superintendence.

200. Subject and without prejudice to the stipulations of any Power for agreement, any corporation, company, undertakers, commissioners, company to conservators, trustees, or individuals owning or authorised by virtue of alter sewers. any Act of Parliament to use any railway, or to navigate on or use any river, canal, towing-path, dock, harbour, or basin, or to demand any tolls or dues in respect of the navigation on such river, canal, or towing-path, or the use of such railway, dock, harbour, or basin, may (except as regards any work shown on the deposited plans), at their own expense, and on substituting other sewers, drains, culverts, and pipes equally effectual, and certified as such by the surveyor to the Corporation, and executed under his superintendence, take up, divert, or alter the level of any sewers, drains, culverts, or pipes constructed by the Corporation, and passing under or interfering with such railway, rivers, canals, docks, harbours, or basins, or the towing paths of such rivers, canals, docks, harbours, or basins, and do all such matters and things as may be necessary for carrying into effect such taking up, diversion, or alteration.

201. Except as provided by this Act with respect to works shown Preserving on the deposited plans, nothing in this Act shall authorise the Cor- water rights oration to injuriously affect any reservoir, river, or stream, or the “93191133111?“ eeders of any reservoir, river, or stream, or the supply, quality, or fall of water contained in any reservoir, river, or stream, or feeders of any reservoir, river, or stream, in cases where any company or individuals would if this Act had not passed have been entitled by law to prevent or be relieved against the injuriously affecting such reservoir, river, stream, feeders, supply, quality, or fall of water, unless the Corporation have first obtained the consent in writing of such company or individuals so entitled as aforesaid.

202. Any difference of opinion that may arise between the Arbitration Corporation and any such corporation, company, commissioners, questions conservators, trustees, or individuals as aforesaid, whether any sewers, under preced. drains, culverts, or pipes substituted under the powers of this Act for '"®

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148

Sec.203-205

Power to contract for snpply of gas.

Power to agree for purchase of gas under. takings.

Power to purchase lands for formation of parks, and to form parks, &e.

84 & 35 Vict. Huddersheld Improvement Ch. cl. Act 1871.

sewers, drains, culverts, or pipes constructed or laid down by the Corporation are equally effectual with those for which they are substituted, or whether the supply, quality, or fall of water in any such reservoir, river, or stream as last aforesaid is injuriously affected by the exercise of powers under the foregoing provisions of this Act, shall be determined by arbitration in like manner, and the arbitrators shall decide the like questions as to the alleged injury, and the Cor- poration may or shall (as the case may require) proceed in the like way as in this Act provided with regard to arbitrations in cases of alleged injury to rivers, canals, towing-paths, docks, harbours, and basins.

IX.-LIGHTING.

203. The Corporation may from time to time contract with the owners of any gasworks, or with any other person, for lighting the streets and courts of the borough, or any of them, with gas, and for providing for that purpose lamp tposts», burners, pipes, and other apparatus, and for the repair thereof, or for any of those purposes, for such term, in such manner, and on such terms as may be agreed on.

[Undertaking of the Huddersfield Gas Company transferred to Corporation by Indenture dated 15th March 1872. Undertaking of Moldgreen Gaslight Company Limited, trans- ferred to Corporation by Indenture dated 13th March 1874. See Act of 1876 Preamble and ss. 34-7.]

204. The Corporation on the one hand, and any company or persons having power to supply gas within the borough on the other hand, may from time to time mutually enter into and carry into effect such agreements as they think fit for the purchase by and sale to the Corporation of the undertakings, works, and property of such company persons as aforesaid in consideration of the payment of a sum in gross or by way of annuity, and on completion of any such purchase the Corporation shall by virtue of this Act have all the powers and authorities for or relating to the manufacture and supply of gas in the borough vested at the time of the purchase in the company or persons from whom the purchase is made; but nothing in this Act shall authorise the Corporation to manufacture or store gas on any lands other than those on which gas is at the time of the purchase authorised to be manufactured or stored by the selling company or persons, or to supply gas to public lamps or private consumers within the limits of the " Huddersfield Gas Act, 1861," without the consent in writing of the Huddersfield Gas Company.

X.-PARKS; TOWN HALL AND PUBLIC BUILDINGS ; TELEGRAPHS; PUBLIC CLOCKS.

205. The Corporation may from time to time purchase by agree- ment, or take at a rent, or on lease, any lands within the borough to be appropriated for the purposes of a park or parks, or a place or places of public resort or recreation, or the enlargement or improvement thereof, or of the approaches thereto, and for the purposes of any such park or place construct, enlarge, maintain, and repair or take down such buildings, walls, and fences as they think proper, and stop up and discontinue any footpath, road, or way in, upon, through, or over any lands forming part of any such park or place, and level, drain, sewer,

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$4 & 35 Vict. -_ Huddersheld Improvement Ch. clu. 149 Act 1871.

pave, flag, gravel, lay out, plant, or otherwise improve every such park Sec.206-207 or place, and do such other acts as appear necessary to the Corporation, with a view to the proper formation, maintenance, improvement, use, and enjoyment of every such park or place.

[This section applied to Beaumont Park : Act of 1880 s. 10.]

206. The Corporation may from time to time make byelaws for Power to all or any of the following purposes relating to any such park or place make bye-

of public resort or recreation as aforesaid ; (that is to say,) £2312an of

For appointing and regulating keepers or servants employed therein : parks, &c.

For regulating the days on and hours at which the same is to be opened and closed :

For regulating the conduct of persons frequenting the same :

For: regulating the days on and hours at which games and gymnastics are to be permitted therein, and the particular parts or places for the same :

For regulating the days on and hours at which bands of music, or music of any sort, are or is to be permitted therein :

For regulating refreshment rooms therein, and for determining the days on and hours at which they are to be opened and closed, and the nature and prices of the articles to be sold therein :

For preventing or regulating the admission therein of dogs :

For preventing males from intruding on or using playground or other places therein set apart for the use of females, and vice versa:

For preventing or regulating the admission therein of vehicles and horses :

For protecting from injury buildings, terraces, fountains, bridges, walks, seats, fences, and other parts of or things belonging to the park or place, and for preventing the destruction or injury of aquatic or other birds, or of other animals, or of trees, shrubs, plants, or flowers, or the plucking of flowers or leaves therein :

For enabling the servants of the Corporation to exclude therefrom persons not being clean, or not being dressed in clean and decent clothes, and to remove therefrom persons begging or guilty of a breach of any byelaw relative thereto, or of any public law.

[This section applied to Beaumont Park : Act of 1880 s. 10.]

207. The Corporation may take down and remove any buildings power to at the commencement of this Act belonging to or used by them for provide town purposes of the Corporation under the Municipal Corporations Acts hall, courts, or otherwise, and may build on the site thereof, or on other land £208 &¢ belonging to or held by them, a town hall and borough or sessions courts, police courts, gaols, station houses, and other public offices and buildings, and may from time to time enlarge and improve the same, and furnish and fit up the same with all proper furniture and conveniences, and may let or allow the use of any hall or public building for the time being belonging to them for such purposes and on such conditions as they think fit, if and when the same are not required for purposes of the Corporation, and may dispose, by sale, lease, or otherwise, of the sites of buildings belonging to them at the commencement of this Act, or so much thereof as is not required for new buildings, and may dispose of the materials of buildings when

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150

Sec.208-211

Power to establish telegraphs.

Power to provide public clocks.

Power to establish public libraries, &c.

Management of libraries, &o.

34 & 85 Vict. Huddersfield Improvement Ch. ch. Act 1871.

taken down, or may dispose, by sale, lease, or otherwise, for their estate or interest, of buildings belonging to or used by them at the commencement of this Act, and not required for purposes of the Cor- poration, without taking down and removing the same: Provided always, that the existing gaol shall not be taken down or disposed of by the Corporation until they have provided a new one.

208. The Corporation may from time to time establish and maintain such telegraphs as they think expedient or necessary for the better execution of any of the powers or authorities for the time being vested in them, and in relation to any such telegraphs, for the purposes of the Telegraph Act, 1863, the Corporation shall be in the like gosition in all respects as a company authorised by special Act of arliament to construct and maintain telegraphs would be or might have been under that Act, so, however, that it shall not be requisite for the Corporation to give any notice respecting the opening for the purposes of telegraphs of any street or court under their own manage- ment; but nothing in this Act shall authorise the Corporation to work telegraphs in consideration of money payment, or for any purpose other than the execution of their powers and authorities aforesaid, or so as to interfere in any way with any telegraphs in the possession or under the control of the Postmaster General.

209. The Corporation may from time to time provide, place, and light such clocks as they consider expedient in, on, or against any public building, or, with the consent of the owner and occupier, in, on, or against any private building, or, with the consent of the incumbent afid cgmrchwardena, or of the trustees, in, on, or against any church or chapel.

XI.-LIBRARIES; MUSEUMS; SCHOOLS OF SCIENCE AND ART. ,

210. The Corporation from time to time may erect any buildings suitable for public libraries or museums, or both, or public schools for science and art, or either of them, and apply, take down, alter, and extend any buildings for such purposes, and rebuild, repair, and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite fittings, furniture, and conveniences.

[The provisions of any Act authorising the levying of rates for these purposes not to apply to the borough: see s. 334 of this Act.] '

211. The general management, regulation, and control of such libraries, museums, and schools shall be vested in and exercised by the council, or such committee as the council think fit from time to time to appoint, (the members or some of the members whereof need not, if the council so think fit, be members of the council,) who may from time to time purchase and provide the necessary fuel, lighting, and other similar matters, books, newspapers, maps, and specimens of science and art for the use of the library, museum, or school, and cause the same to be bound or repaired when necessary, and appoint salaried officers and servants and dismiss the same, and make rules and regulations for the safety and use of the libraries, museums, and schools, and for the admission of the public.

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34 & 35 Vict. Huddersheld Improvement Ch. ch. 151 Act 1871.

212. All property presented to or purchased by the Corporation Sec.212-215 for any such library, museum, or school shall be vested in the &o. Corporation. to vest in Corporation.

XIIL-PUBLIC BATHS AND WASH-HOUSES, &c.

213. The Corporation may maintain the baths already established Power to by them, and may (if they think fit) from time to time purchase, by baths, agreement, or take a lease of any baths and wash-houses established *** before or after the commencement of this Act otherwise than by the Corporation, and appropriate the same to the purposes of public baths and wash-houses, with such additions or alterations as they deem expedient, and may from time to time enlarge the same, and may from time to time erect or otherwise provide and may maintain buildings suitable for public baths and WME-houses, or either of them, with or without open drying grounds, and convert any buildings into such baths or wash-houses, and make any open bathing places, and alter, enlarge, repair, and improve the same respectively, and fit up, furnish, and supply the same respectively with all requisite fittings, furniture, and conveniences; and the trustees of any baths and wash-houses established or provided ' by private subscriptions or otherwise may, with the consent of the majority of the committee or other persons by whom they were appointed trustees, sell or lease the same to the Corporation, or make over to them the management thereof, on such terms as may be agreed on.

[The provisions of any Act authorising the levying of rates for thee? purposes not to apply to the borough : see s. 884 of this Act.

214. The Corporation may from time to time, with respect to P019” to public baths, wash-houses, and bathing places provided by them or {23V 3612256“ under their management, make byelaws for all or any of the following regulation of

purposes ; (namely,) baths, &c.

For securing that the baths and wash-houses and bathing places be under the due control of the officers and servants of the Corpo- ration, and for determining their duties :

For securing adequate privacy to persons using the baths, wash- houses, and bathing places, and providing security against accidents to persons using the bathing places :

For securing that men and boys above eight years old bathe separately from children eight years old or under, and from women and girls :

For preventing damage, disturbance, interruption, drunkenness, and indecent and offensive language and behaviour amd nuisances :

For determining the charges for the use of the baths, wash-houses, and bathing places. __

215, The officers and servants of the Corporation may detain Recovery of clothes brought to be washed, or other goods, of any person refusing charges at to pay any charge to which such person is liable for the use of the wash-houses. wash-houses of the Corporation till full payment thereof is made, and in case such payment is not made within seven days after the same becomes due may sell such clothes or goods, or any of them, returning the surplus proceed of such sale, (after deducting the unpaid charge,

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152 34 & 35 Vict. __ Huddersheld Improvement Ch. ch. Act 1871.

Sec. 216-221 and the expenses of detention and sale,) and any unsold articles, on demand, to the owner or the person by whom the same were brought to be washed.

Power to 216. Whenever any baths or wash-houses or bathing places discontinue established by the Corporation, having been carried on for one year

223113350. or upwards, are determined by the council to be unnecessary or too buildings, &o. expensive to be kept up, the Corporation may discontinue the same or

any part thereof, and sell or dispose of the same or any part thereof.

XIII.-POLICE.

bower @17, The Corporation may continue and maintain the police court, &o. _ Court and all offices and stations, and may from time to time enlarge ' the same, and provide and maintain additional courts, stations, and watch-houses, lock-up houses, and other places necessary for police purposes, and furnish and fit up the same.

Constables 218. A constable shall not be at liberty to resign his office, or to 119th“ reg" withdraw himself from the duties thereof, unless expressly allowed to xgofizeleave do so in writing by the watch committee certified under the hand of ° ___ the chief constable, or unless he gives to the chief constable one month's previous notice in writing of his intention ; and if any con- stable so resigns or withdraws himself without such leave or notice he shall be liable to forfeit all arrears of pay then due to him, or to pay a penalty not exceeding five pounds, or, in the discretion of the justice before whom he is convicted, to be imprisoned for any term not exceeding fourteen days.

Penalty on 219. If any constable is guilty of any neglect or violation of duty constable for in his office he shall be liable to a penalty not exceeding ten cPounds”

neglect of _ or, in the discretion of the justice before whom he is convicted, to be duty. imprisoned for any term not exceeding one month, with or without hard labour. Power to 220. The chief constable may, subject to the approval of the chief con- _ watch committee, suspend any constable from the exercise of his office stable to for such time as the chief constable thinks fit, for breach of discipline,

suspend con-

stables. or neglect or violation of duty, or grave misconduct, and if any

constable while suspended by the chief constable exercises in any manner the office of constable he shall be liable to a penalty not exceeding five pounds.

Constables 221. If any constable is suspended by the chief constable, and suspended or does not, if required, deliver over to the chief constable, or to the 33511,an to officer appointed for the purpose by the chief constable, all or any art of the clothing, accoutrements, or appointments supplied to him ments. or the execution of his dutg, or if any constable is dismissed from or ceases to hold and exercise his office, and does not forthwith deliver over all the clothing, accoutrements, appointments, and other necessaries supplied to him for the execution of his duty to the chief constable, or to the person and at the time and place directed by the watch committee, he shall be liable to imprisonment, with or without hard labour, for any term not exceeding one month ; and any justice may issue his warrant to search for and seize, to the use of the Corporation, all clothing, accoutrements, appointments, and other necessaries not so delivered over, wherever found.

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$4 & 85 Vict. _- Huddersfield Improvement Ch. cl. 153 Act 1871. e

222. Where any penalty is recovered under this Act against any Sec.222-228 constable, or any person who had held the office of constable, in Power to respect of any act or omission of such person while holding such deduct office, the amount of the penalty may be deducted from any salary due Penalties on

or to become due to him as constable. constables | from salaries.

223. If any person not being a constable of the borough has in Ponsity £ his possession any article being part of the clothing, accoutrements, ngfaavvfil or appointments, or necessaries supplied to any such constable, and d0€S possession not satisfactorily account for his possession thereof, or puts on the of accoutre- dress, or takes the name or designation, or otherwise assumes the ments, as- character of a person appointed as such constable, for the purpose 3&9“? Off of thereby obtaining admission into any house or other place, or of CofMiipl, &, doing or causing to be done any act which he would not be entitled hbo to do or procure to be done of his own authority, or for any other unlawful purpose, he shall, in addition to any other punishment to which he is liable for such an offence, be liable to a penalty not exceeding ten pounds.

224, The Corporation may employ constables of the borough @8 Employment market officers, fire brigade officers, inspectors of weights and measures, of police as and of lodging houses, and in any other capacity in which their market services appear to the Corioration to be useful for purposes of this Officers, &c. Act, without prejudice to the claim of any constable so employed to any superannuation or other allowance, or to any benefit whatever.

[Power to cause Market Inspectors and Collectors to be sworn as Constables: Act of 1876 s. 50.]

225. Any person found committing any offence punishable either Power to upon indictment or as a misdemeanor, upon summary conviction under police con. this Act, may by virtue of this Act be taken into custody without a Stables and warrant by any constable, or may be apprehended by the owner of any 513323 a?“ roperty on or with respect to which the offence is committed, or by apprehend is servant, or any person authorised by him, and may be detained certain until he can be delivered into the custody of a constable, and shall be offenders. taken as soon as conveniently may be before a justice, to be examined and dealt with according to law.

2206. It shall not be lawful for any constable or other officer, Limitation of without the order of a justice, to detain in custody any person arrested detention. under the powers of this Act longer than is necessary for bringing him before a justice, or longer than forty-eight hours at the utmost, except where Sunday intervenes, in which case the person so arrested may be detained, without order of a justice, until the sitting of the justices on the next following Monday morning, but no longer.

227. Whenever any person charged with any offence under this Power for - Act (not amounting to felony), of which he is liable to be summarily ‘figf Oink“ convicted before a justice, is in the custody of any constable without fleeing“; the warrant of a justice, the chief constable, or other officer for the time being in charge of the police office, may, if he deems it prudent in any case where the offender cannot be conveniently taken before a justice, take his recognizance, with or without sureties, conditioned as in this Act provided.

228. Every recognizance so taken shall be taken without fee or Form of reward, and shall be conditioned for the appearance of the person recognizances thereby bound before a justice at a certain day, not later than seven

Page 70

154

84 & 35 Vict. - Huddersfield Improvement

Act 1871.

Ch. cl.

Sec.220-232 days from the date of the recognizance, and the time and place of such

Recogni- sances to be

registered and tion of

returned to the justice.

Penalties on persons assaulting constables.

Penalty for riotous or indecent behaviour in police office, &c.

Penalty on persons committing any of the offences

enumerated.

appearance shail be specified in the recognizance.

229. The officer taking any such recognizance shall enter in a book to be kept for that purpose the name, residence, and occupa- the party, and his sureties (if any), entering into it the condition thereof, and the sum thereby acknowledged, and shall return every such recognizance to the justice at the time and place when and where the party is bound to appear, and every such recognizance shall have the like force and effect as if it had been taken before a justice.

230. If any person assaults, obstructs, or resists, or aids or incites any person to assault, obstruct, or resist, any constable in the execution of his duty, he shall be liable to a penalty not exceeding twenty pounds, or, in the discretion of the justice before whom he is convicted, to be imprisoned for any term not exceeding six months, with or without hard labour.

231. If any person is guilty of any violent, disorderly, or indecent behaviour in any police office or police station he shall be liable to a penalty not exceeding forty shillings, or, in the discretion of the justice before whom he is convicted, to be imprisoned for any term not exceeding seven days. ‘

XIV.-POLICE REGULATIONS, &c.

232. Every person who in a street or court, or elsewhere than in a street or court, in the cases in that behalf in this section specified, commits any of the following offences, shall be liable to a penalty not exceeding forty shillings, or, in the discretion of the justice before whom he is convicted, to imprisonment for any term not exceeding fourteen days; (that is to say,)

[As to period of imprisonment: see Act of 1880 s. 90. For additional offences : see Act of 1876 ss. 108-4; Act of 1880 s. 85-9 ; and Act of 1882 s. 40.]

Every person who exposes for show, hire, or sale (except in a market, or market place or fair, lawfully appointed for that purpose) a horse or other animal, or exhibits, in a caravan or otherwise, a show or public entertainment, or shoes, bleeds, or farries a horse or animal (except in cases of accident), or cleans, dresses, exercises, trains, or breaks, or turns loose a horse or animal, or washes or cleans a cart or carriage, or makes or repairs any part of a cart or carriage (except in cases of accident, where repair on the spot is necessary) :

Every person who suffers to be at large or accompanies any ferocious, mischievous, or dangerous dog, not being securely muzzled, or sets on or urges a dog or other animal to attack, worry, or put in fear any person or animal :

Every owner of a dog who suffers it to go at large knowing or having reasonable ground for believing it to be in a rabid state, or to have been bitten by a dog or other animal in rabid state : Every person who, after public notice given by the mayor directing dogs to be confined, suffers any dog to be at large during the time specified in such notice :

[Constable may destroy suspected mad dog: s. 235 of this Act. Other regulations as to dogs: Act of 1876 s. 101.]

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34 & 35 Vict. _- Huddersheld Improvement Ch. cli. Act 1871.

Every person who slaughters cattle, or dresses cattle, or any part thereof, except in the case of cattle overdriven or having met with an accident, which for the public safety or other reasonable cause ought to be killed on the spot:

Every person who, occupying a blacksmith's, whitesmith's, or nail- maker's shop having a door or window or other opening fronting

or opening into or towards a street, does not, by good and close -

doors or shutters, every evening, not later than half an hour after sunset, prevent the light from such shop shining into any street:

Every person who to the obstruction, annoyance, or danger of any resident or passenger in any street or court keeps any gaslight or other light flaring or unprotected, extending to or over any street :

Every person who discharges smoke or -steam from a building (otherwise than from the top thereof into a street, or who con- structs or uses a steam pipe, flue, or funnel (not being the funnel of a locomotive engine), so that the condensed water or moisture must usually fall into a street:

[Offence of using portable or movable steam engine in any street orin any building, land, or unfinished building within twenty yards from a street or in any market, fair, or feast grourid without the license of the Corporation: Act of 1880 s. 89.

Every person having the care of a cart or carriage who rides on the shafts thereof, or who, without having sufficient reins and holding the same, rides upon such cart or carriage, or on an animal drawing the same, or who is at such a distance from such cart or carriage as not to have due control over every animal drawing the same, or who is asleep while such cart or carriage is in motion, or who does not, in meeting another cart or carriage, keep his cart or carriage to the left or near side of the road, or who, in passing another cart or carriage from behind, does not keep his cart or carriage on the right or off side of the road (except in cases of actual necessity or some sufficient reason for deviation), or who by obstructing the street wilfully prevents any person, cart, or carriage from passing him or any cart or carriage under his care :

Every person who at one time drives more than two carts, and every person who at one time drives two carts either whereof is drawn by more than one animal, and every person who at one time drives two carts, and has not the last cart securely fastened to the back of the first cart by a chain or rope not more than five feet long from each shaft of the last cart :

Every person who rides or drives furiously an animal, cart, or carriage, or who while in a state of intoxication rides or drives any animal, cart, or carriage :

Every person who causes a carriage, or a sledge, truck, or barrow, with or without horses or a beast of burden, to stand in a street longer than is necessary for loading or unloading goods or luggage or for taking up or setting down passengers (except hackney carriages and horses and other beasts of draught or burden standing for hire in a place appointed for that purpose appointed by the Corporation), and every person who by means of a cart, carriage,

155

seq. 232

Page 72

156

Sec. 232

34 & 35 Vict. -_ Huddersheld Improvement Ch. cli.

Act 1871.

sledge, truck, or barrow, or an animal, or other means, wilfully interrupts a public crossing, or wilfully causes an obstruction in a street or public footpath or other public thoroughfare, or through wantonness or negligence or other misconduct injures or endangers any person or property :

Every person who causes any tree or timber, or iron beam, or stone to be drawn in or upon a carriage without having and applying a sufficient drag, slipper, break, or other means of safely guiding the same, and causing the same to be safely guided and controlled, and the speed thereof to be moderated while descending any incline, or who grates, grinds off, or uses any kerbstone for moderating such speed :

Every person who leads or rides an animal, or draws or drives a cart, carriage, sledge, truck, or barrow, on a footway of a street, or fastens an animal so that it stands or can stand across or on such a footway :

Every person who places or leaves any furniture, goods, produce, wares, or merchandise, or any cask, tub, basket, pail, or bucket, or places or uses any standing place, stool, bench, stall, or show- board on any footway, or so as to project thereover, or who places any blind, shade, covering, awning, or other projection over or along a footway, unless such blind, shade, covering, awning, or other projection is eight feet in height at least in every part thereof from the ground, and is constructed in every respect to the satisfaction of the surveyor :

Every person who places, hangs up, or otherwise exposes to sale any furniture, goods, produce, wares, merchandise, matter, or thing whatsoever so that the same projects or project into or over any footway, or beyond the line of any house, shop, or building at which the same is or are exposed :

Every person who stands or places any person outside any shop, building, or ground at or on which any furniture, goods, or thing as aforesaid is or are exposed, in order to offer the same for sale, or to invite purchasers for the same, so as to obstruct or incommode the passage of any person over or along any footway :

Every person who rolls, drags, or carries a cask, tub, hoop, wheel, latiZler, lank, pole, timber, or log of wood, or any stone or metal on any such footway, except for the purpose of loading or unloading a cart or carriage, or of crossing such footway :

Every person who places a line, cord, or pole across a street, or hangs or places any clothes thereon, or who throws or leaves any orange peel or other refuse of fruit on any footway :

Every person drunk in a street or other open or public place, either incapable of taking proper care of himself, or guilty of riotous, disorderly, or indecent behaviour :

Every common prostitute or nightwalker loitering or importuning passengers for the purpose of prostitution :

Every person who wilfully and indecently exposes his person, or who bathes in any river, canal, or public situation so as to expose his person : Every person who, by himself or his agent, publicly offers for sale or distribution, or exhibits to public view, any profane, indecent,

Page 73

34 & 835 Vict. Huddersfield Improvement Ch. ch. 157 Act 1871.

or obscene book, handbill, card, paper, document, print, drawing, Sec. 232 photograph, painting, or representation, or any book, handbill, card, paper, or document referring to any disease of a loathsome or secret kind, and every such agent :

Every person who publicly sings any profane or obscene song or ballad, or uses any profane or obscene language :

Every person who writes or draws any profane, indecent, obscene, or offensive word, character, figure, or representation on any building, wall, fence, hoarding, or other erection anywhere in the borougg:

Every person who, by himself or his agent, without the consent of the Corporation and of the owner or occupier of a building, wall, fence, hoarding, or other erection anywhere in the borough, affixes thereto any posting bill or other paper, or by any writing or drawing or otherwise marks or disfigures the same, or, with or without the consent of such owner or occupier, affixes thereto any bill, paper, document, print, drawing, photograph, painting, or representation of an indecent or obscene character, or referring to any disease of a loathsome or secret kind, and every such agent:

Every person who wantonly discharges a firearm, or throws or discharges any stone, snowball, or other missile, or makes a bonfire, or throws or sets fire to fireworks, or burns any effigy :

Every person who wilfully and wantonly disturbs any inhabitant by pulling or ringing any door bell or other bell, or knocking at any door or gate, or who wilfully and unlawfully extinguishes the light of any lamp :

Every person who cleanses, hoops, fires, washes, or scalds any cask or tub, or hews, saws, bores, or cuts any timber or stone, or slakes, sifts, or screens any lime :

Every person who throws or lays down any stones, coals, slate, shells, lime, bricks, timber, iron, or other materials (except building materials enclosed as required by this Act) :

Every person who beats or shakes a carpet, rug, or mat (except door mats beaten or shaken before the hour of eight in the morning) :

Every person who fixes or places any flower pot or box, or other heavy article, in an upper window without sufficiently guarding the same against being blown or thrown down :

Every person who throws from the roof, or any part of a house or other building, any slate, brick, wood, rubbish, or other thing, except snow thrown so as not to fall on any passenger:

Every person who throws down goods, produce, wares, or mer- . chandise out of an upper storey of a warehouse, or of any other building used for any trade, manufacture, or business, and every person being the occupier of any warehouse or other such building out of which goods, produce, wares, or merchandise are or is so thrown down, but so that one penalty only be recoverable for the same offence :

Every occupier of a house or other building, or other person, who orders or permits any person in his service to stand on the sill of a window in order to clean, paint, or perform any other operation

Page 74

158 34 & 35 Vict. Huddersheld Improvement Ch. cl. Act 1871.

Sec. 232 on the outside of such window, or on any house or other building, unless such window is in the sunk or basement storey :

Every person who leaves open a vault or cellar, or the entrance from a street to a cellar or room underground, without a sufficient fence or handrail, or leaves defective the door, window, or other covering of a vault or cellar, or who does not sufficiently fence any area, pit, or sewer left open, or who leaves such open area, pit, or sewer without a sufficient light after sunset to warn and prevent persons from falling thereinto :

Every person who throws or lays, or causes to be thrown or laid, any offensive matter or thing on a street, or causes or permits any offensive matter or thing to run from a manufactory, brewery, slaughter-house, butcher's shop, or dunghill into a street, or into any well, river, stream, canal, watercourse, pool, dam, pond, or reservoir (but so that it shall not be deemed an offence for any person to lay or cause to be laid sand or other materials in a street in time of frost to prevent accidents, or litter or other suitable materials to prevent the freezing of water in pipes, or in case of sickness to prevent noise, if the person laying or causing to be laid any such thing causes it to be removed as soon as the occasion for it ceases) :

Every person who in any street empties or begins to empty an cask, tub, barrel, case, or package, unless it cannot from its bul or weight be taken into his own building or land :

Every person who in any street feeds or fodders any horse or other animal except from a bag suspended from its head, or with food held or delivered by the hand :

Every person who carries or exhibits any placard or advertisement on poles, boards, sticks, or otherwise, to the danger or annoyance of passengers or inhabitants, or who blows any horn, rings any bell, or uses any other noisy instrument, or shouting or singing for the purposes of announcing or attracting persons to any sale, show, or entertainment (the town crier appointed by the Corporation in the performance of his duty excepted), or for the purpose of hawking, selling, or collecting any article whatever, or of obtaining money or alms :

Every person who collects a crowd by flying pigeons, foot racing, or other games, or by brawling, fighting, singing, shouting, or otherwise, or who stands or loiters and refuses or neglects to more on when ordered so to do by a constable :

Penalty on persons obstructing footway or betting in street: Act of 1876 ss. 103-4.]

Every person who flies a kite, or makes or uses a slide on ice or snow, or plays at pitch and toss or other description of gaming, or trundles a wheel, hoop, or girth, or plays at football, quoits, pig, or other game or pastime offensive, dangerous, or annoying to passengers :

Every person who hoists, lowers, takes in, or delivers, or who wilfully permits or suffers to be hoisted, any cask, barrel, sack, bag, cotton bale, wool bag, box, package, bale, truss, hamper, or other thing into or from any warehouse, building, cellar, or vault, without having proper and sufficient crane, rope, and tackle in

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84 & 85 Vict. Huddersfield Improvement Ch. ck. 159 Act 1871.

good and sound order and condition, and without slinging or Sec.233-235 otherwise effectually securing the article so lowered, hoisted, or delivered :

Every owner, occupier, or other person who uses, or causes or permits to be used, any insufficient crane, rope, or tackle, or does not, within three days after receiving notice from an officer of the Corporation so to do, remove or cause to be made good and fit for safe use any crane, rope, or tackling reported or deemed to be defective : Every person who builds or continues a pigsty, or keeps swine anywhere in the borough, except in situations and places authorised by the Corporation :

Every person who drowns or casts with intent to drown any dog, cat, or other animal into any well, stream, canal, watercourse, pool, dam, pond, or reservoir :

Every person who throws, deposits, places, leaves, or permits or suffers to fall any litter, ashes, carrion, fish, or animal offal or rubbish into or in any well, river, stream, canal, watercourse, pool, dam, pond, or reservoir.

233. The business of a blood boiler, bone boiler, fellmonger, Offensive slaughterer of cattle, horses, or animals of any description, soap trades newly boiler, tallow melter, tripe boiler, or other noxious or offensive established. business, trade, or manufacture, shall not be newly established in any building or place in the borough without the consent of the Corporation ; and if any person offends against this section he shall be liable to a penalty of fifty pounds, and a further penalty of forty shillings for each day during which the offence is continued ; and the Corporation may from time to time make such byelaws with respect to any such businesses so newly established as they think fit in order to prevent or diminish the noxious or injurious effects thereof.

234. If any person at any time after the commencement of this Penalty for Act begins or prepares to burn bricks or tiles in any place nearer burning than thirty yards to the then existing dwelling-house situate in or near bricks, rags, any street, or burns in any place within two hundred yards of any & dwellinghouse situate in or near any street, any cork, rags, or bones, or other offensive substance for making manure, ivory or other black, or sal ammoniac, or other chemical compound, or for any other purpose - of trade, manufacture, or commerce, or if any person burns bricks or tiles, or carries on any trade or business which occasions any obnoxious or offensive effluvia, or causes other annoyance to the inhabitants dwelling near thereto, without using the best practicable means that are known for preventing smoke, or preventing or counteracting efluvia or annoyance therefrom, he shall be liable to a penalty not exceeding five pounds, and to a further penalty not exceeding forty shillings for every day during which the offence is continued after service on him by the Corporation of notice to discontinue the same.

235. Any constable or other officer appointed by the Corporation Mad dogs. may destroy any dog or other animal within the borough reasonably suspected to be in a rabid state, or to have been bitten by any dog or other animal reasonably suspected to have been in a rabid state.

[Offence of permitting dog to be at large after Mayoral notice : s. 232 of this Act. Other regulations as to dogs : Act of 1876 s. 101.]

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160 34 & 35 Vict. - Huddersfield Improvement Ch. cli. “ Act 1871.

Sec 236-238 - 236. If any animal comprised under the definition of cattle in this Act infected with or labouring under any infectious or contagious

5220231?! disease is exposed or offered for sale or is brought or attempted to be destroy brought through any street, any inspector, collector, or constable may diseased seize such animal and cause the same to be inspected by two veterinary cattle. surgeons or other competent persons, and shall report such seizure to

a justice, and such justice may, after hearing the evidence, either order such animal to be restored, or order the same, and also any pens, hurdles, crofts, litter, hay, straw, or other articles which he may judge likely to have been infected thereby, to be forthwith destroyed or otherwise disposed of : Provided always, that nothing in this section shall authorise a justice to make any such order in relation to any trucks or waggons used for the conveyance of cattle on any railway, or to pens for animals on lands belonging to a railway company, but he may require any such trucks, waggons, or pens as last aforesaid to be cleansed in such a manner as may be considered by him reasonably sufficient to prevent the spread of any such infectious or contagious disease. “ '

Prohibitionas - 237. If any person exposes or offers for sale, or brings or attempts to diseased - to bring through any street, any animal comprised under the definition cattle. of cattle in this Act infected with or labouring under any infectious or contagious disease, knowing the same to be infected with or labouring under any such disease, he shall be liable to a penalty not exceeding twenty pounds.

Power to 238. The sanitary inspector or any constable may at all reasonable medical officer times inspect and examine any animal, carcase, meat, poultry, game, of health or flesh, fish, fruit, vegetables, corn, bread, flour, cheese, or other article inspector of - exposed for sale, or deposited in any place for the purpose of sale or of zlzgggffn? preparation for sale, and intended for the food of man (the proof that animal, &c. the same was not exposed or deposited for such purpose, or was not intended for the food of man resting with the party charged), and in case the same appears to him to be diseased, or unsound or unwholesome, or unfit for the food of man, he may seize, take, and carry away the same, or direct the same to be seized, taken, and carried away by any officer, servant, or assistant, in order to have the same dealt with by a justice, and if it appears to the justice that the same is diseased, or unsound or unwholesome, or unfit for the food of mau, he may order the same to be destroyed or so disposed of as to prevent it from being exposed for sale or used for such food, and the person to whom the same belongs or did belong at the time of sale, or exposure for sale, or in whose possession or on whose premises it is found, shall be liable to a penalty not exceeding twenty iximunds for every animal, carcase, or fish, or piece of meat, flesh, or fish, or any poultry or game, or for the ¥arcel of fruit, vegetables, corn, bread, flour, cheese, or other article so ound, or, at the discretion of the justice, to imprisonment for any term not exceeding three months.

[By Act of 1876 s. 105 this section " shall extend and apply to every diseased, unsound, or unwholesome article of food sold or exposed for sale, or deposited in any place for the purpose of sale, or of preparation for sale, whether such article be or be not seized and carried away, to be dealt with by any justice as mentioned in such section : Provided the justice before whom any complaint with respect to such article of food be

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34 & 35 Vict. Huddersheld Improvement Ch. cl. 161 Act 1871.

made be satisfied on the evidence laid before him that such Sec.239-242 article of food was diseased or unsound or unwholesome and unfit for the food of man." ]

239. If any cattle are found straying in a street the owner there. Power to of shall for each animal be liable to a penalty not exceeding five impound shillings, and any person may impound the same in any common d to pound or other place appointed by the Corporation, and may detain the same there until the penalty and reasonable charges for impounding, feeding, and keeping the same in pound, together with the amount of any damage caused by such animal, are paid ; and if the same are not paid within three days after the animal is impounded, the pound keeper or other person appointed by the Corporation may cause the animal to be sold, after having given seven days notice of the intended sale by advertisement in some newspaper circulating in the borough, or by notice served on the owner, if known, and the charges aforesaid, and those of the sale and notice, and the said tpenalty and damages, shall be defrayed by such sale, and the surplus (if any) shall be paid to the owner of the animal on demand. »

240. If any person releases or attempts to release any cattle from Penalty for any pound where the same are impounded under the authority of this pound: Act, or damages or destroys any such pound or any part thereof with P"®2¢ intent to procure the unlawful release of such cattle, he shall be liable to a penalty not exceeding forty shillings, or, in the discretion of the justice before whom he is convicted, to imprisonment, with or without ard labour, for any term not exceeding three months.

241. If any person brought before any justice charged with Persons having in his possession, or conveying in any manner anything having goods reasonably suspected to be stolen or unlawfully obtained, does not in???“ to give an account to the satisfaction of the justice before whom he is {35825311120 brought of the manner in which he came by the same, he shall be be guilty of a liable to a penalty not exceeding five pounds, or, in the discretion of misdemeanor. the justice, to be imprisoned, with or without hard labour, for any

term not exceeding two months.

242. If any goods are stolen or unlawfully obtained, or being in Delivery of the care of any person for the purpose of being repaired, cleaned, or goods un- made up, or being otherwise lawfully obtained, are unlawfully deposited, “Whig a pawned, pledged, sold, or exchanged, and complaint is made to any [? 3513193221011 justice that such goods are in the possession of any broker, dealer in of brokers, marine stores, or other dealer in second-hand property, or of any &c. person who has advanced money upon the credit thereof, such justice may issue a summons or warrant for the appearance of such broker, dealer, or other person as aforesaid before any justice, and for the production of the goods, and such last-mentioned justice may order such goods to be delivered up to the owner thereof, either without any payment by or to such owner, or upon payment of such sum and at such a time as such justice thinks fit; and if any broker, dealer, or other person being so ordered refuses or neglects to deliver up the goods he shall forfeit to the owner the full value thereof, to be determined by a justice, but such order shall not bar such broker, dealer, or other person from recovering possession of such goods by proceedings at law from the person into whose possession they come by virtue of the order, so that such proceeding be commenced within six months next after the order is made.

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34 & 35 Vict. Huddersheld Improvement Ch. ch. Act 1871. _ _

Sec.243-247 243. Any justice may order that any goods unlawfully pawned,

Restoration of property anlawfully pawned, &c.

Delivery of goods charged to have been stolen or fraudulently obtained and in custody of constable.

Application of 23 & 24 Vict. c. 84. (against adulteration of food, &c.)

Penalty for injury to churches.

Street mu- sicians to depart when desired to do so.

pledged, or exchanged brought before him, the ownership of which is established to his satisfaction, be delivered up to the owner by the person with whom they were unlawfully pawned, pledged, or exchanged, either without compensation or with such compensation as the justice thinks fit.

244. If any goods or money charged to have been stolen or unlawfully obtained are or is in the custody of any constable by virtue of any warrant of a justice, or in prosecution of any charge of felony or misdemeanor, and the person charged with having stolen or unlawfully obtained possession of the same is not found, or is summarily convicted or discharged, or is tried and acquitted, oris tried and found guilty, but the property so in custody has not been included in any indictment, the following provisions shall apply thereto ; (namely,)

(1.) Any justice may make an order for the delivery of such property to the person appearing to be the rightful owner thereof :

(2.) Such order shall not be any bar to the right of any person to sue the person to whom the property is delivered and to recover the same from him by proceedings at law, so that such proceedings be commenced within six months next after the order is made :

(8.) In case the owner cannot be ascertained any justice may order that the property be delivered to the treasurer:

(4.) The treasurer may, after the expiration of twelve months during which no owner shows gig title to such property, sell such goods and place the proceeds thereof and place such money to the credit of the borough fund :

(5.) If nevertheless such goods are of a perishable nature, the sale may be effected immediately, and the proceeds thereof shall be carried to the credit of the borough fund after the expiration of such twelve months.

245. The Act of the session of the twenty-third and twenty- fourth years of Her Majesty (chapter eighty-four), "for preventing "the adulteration of articles of food or drink," shall apply to the borough as if it had a separate court of quarter sessions.

246. If any person injures or defaces any church, chapel, or other public building, or any tomb, monumental stone, or inscription in any churchyard or burial ground, or fixes up any bill or paper other than such as may be lawfully affixed thereto against any such building, or writes with chalk or any other matter thereon, he shall be liable to a not exceeding five pounds.

247. Any householder personally, or by his servant, or by any constable, may require any street musician or singer to depart from the neighbourhood of the house of such householder, and every person who sounds or plays upon any musical instrument, or sings in any street near or within hearing of such house, after being so required to depart, shall be liable to a penalty not exceeding forty shillings.

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34 & 35 Vict. Huddersfield Improvement Ch. ch. 163 Act 1871. ’

248. The mayor may from time to time make regulations for the Sec.248-251 route to be observed by all carts, carriages, horses, and persons, and . for preventing obstruction of the streets in times of holidays, public gigtlxézén processions, public meetings, public rejoicings or illuminations, and obefmction & in cases when the streets are thronged or liable to be obstructed, and in streets give directions to the constable for keeping order and for preventing during public any obstruction of the streets in the immediate neighbourhood of the Processions, town hall, the police court, the theatres, and other places of public ** resort ; and if any person is guilty of any breach of such regulations, or does not comply with the direction of any constable acting in pursuance thereof, he shall be liable to a penalty not exceeding five pounds; and no proprietor, driver, or conductor of any omnibus or stage carriage shalxl) be liable to any penalty for any deviation from the route prescribed in any license in consequence of any regulation made by the mayor under this section.

[These regulations may be made by Chief Constable, and additional regulations and byelaws authorized : Act of 1876 s. 100.

Byelaws for regulating traffic may also be made by Corpo- ration : Act of 1880 s. 80.]

249. On the application of any minister, churchwarden, trustee, Power to or officer of any church, chapel, or other place of public worship, the regulate mayor may from time to time make orders for prescribing the route, route of rate of speed, and conduct of persons driving any cart, carriage, or GVS : &c. - ine . g divine cattle past or near the same during the hours of divine Service OM gervice, Sunday, Christmas Day, Good Friday, or any day appointed for public fast, humiliation, or thanksgiving; and any such order shall be printed or painted and fixed on some conspicuous place near such church, chapel, or other place of public worship, and if any person fails to comply in any respect with any such order he shall be liable to a penalty not exceeding forty shillings.

250. If the owner or occupier of any vacant or waste land allows Waste land the same to remain unfenced, or the fences thereof to remain out of to be fenced. repair, after the expiration of fourteen days notice from the surveyor, the Corporation may cause the same to be fenced, or may cause the fences to be repaired, and the expenses thereby incurred shall be recoverable from such owner or occupier as damages.

[See also s. 74 of this Act page 118.

These provisions not to extend to the open space forming the approach to the Huddersfield Railway Station : s. 198 of this Act page 144.]

251. With respect to the repairing or enclosing of dangerous Dangerous places, the following provisions shall have effect ; (namely,) places to be

%L. . repaired or (1.) If any building, wall, steps, structure, or other thing, or any enclosed.

well, coalpit, shaft, used or disused excavation, or reservoir, pond, stream, or dam of water, or any bank thereof, or any land or place, is, in the opinion of the Corporation, for want of sufficient repair, protection, or enclosure, dangerous to the occupiers thereof, or of the neighbouring buildings or lands, or to the passengers along any street or footpath, the

Page 80

164 84 & 35 Vict. - Huddersfield Improvement _ Ch. ch.

Sec. 252

Act 1871.

Corporation may order the owner within the period in the order prescribed to repair, protect, or enclose the same so as to prevent any danger therefrom :

[Corporation may, if they think necessary, order dangerous buildings to be fulled down ;

Owner of wal 1876 s. 79.]

in or abutting on any street defined : Act of

(2.) If after service of the order on the owner the directions of the

order are not complied with within the prescribed period, the owner shall be liable to a penalty not exceeding twenty pounds, and in that case, and also if the owner is not known, or cannot after due inquiry be found, the Corporation may cause such works as they think proper to be done for effecting such repair, protection, or enclosure, and the expenses thereof shall be payable by the owner :

(8.) If such owner can be found within the borough, and if on

demand of the expenses aforesaid he neglects or refuses to pay the same, then such expenses may be levied by distress, and any justice may issue his warrant accordingly :

(4.) If such owner cannot be found within the borough, or

sufficient distress of his goods and chattels within the borough cannot be made, the Corporation, after giving twenty-eight days' notice of their intentions to do so by osting a notice in a conspicuous place on or near such building, thing, or place, may take possession of the same, provided such expenses are not paid or tendered to them within the said twenty-eight days, making compensation to the owner of such building, thing, or place, but deducting out of such compensation the amount of the expenses aforesaid, and may thereupon sell or otherwise dispose of such building, thing, or place :

(5.) If any such building, wall, structure, or other thing, or any

part thereof, is pulled down by virtue of the present section, the Corporation may sell the materials thereof, or of so much of the same as is pulled down, and apply the proceeds of such sale in payment of the expenses incurred in respect of such building or other thing, and the Corporation shall restore any overplus arising from sale to the owner on demand :

(6.) Nevertheless the Corporation, although they sell such materials

Penalties for 252

for the purposes aforesaid, shall have the same remedies for compelling the payment of so much of the said expenses as may remain due after the application of the proceeds of such sale as are herein-before given to them for compelling the payment of the whole of the said expenses.

XV.-SMOKE.

For prevention of smoke, the following provisions shall have

non-con- effect ; (namely ,)

sumption of smoke.

(1.) If any fireplace or furnace employed after the commencement

of this Act in the working of engines by steam, or in any building used for the purpose of trade or manufacture, or baths or wash-houses (although a steam engine is not used

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84 & 35 Vict. Huddersfield Improvement Ch. ch. 165 Act 1871. '

therein), is not so constructed as to prevent or burn the Sec. 253 smoke arising from such fireplace or furnace, the owner or occupier of the building or lands in or on which such fire- place or furnace is situate shall be liable to a penalty not exceeding five pounds :

(2.) If any such owner or occupier, or any engineer, fireman, stoker, foreman, or other person employed by him, after the commencement of this Act uses any such fireplace or furnace not so constructed as aforesaid, or negligently uses any fireplace or furnace so constructed as aforesaid in such manner that the smoke arising therefrom is not effectually prevented or burnt, he shall be liable to a penalty not exceeding ten pounds, and to a further penalty not exceeding forty shillings for every day during any part of which such fireplace or furnace is so continued to be used after one month's notice in writing given by the Corporation to the owner or occupier to remedy or discontinue the same :

(8.) The foregoing provisions of this section shall extend to cases where more fig‘eplaces or furnaces than one communicate with a single chimney, and in any such case the names of the several owners and occupiers of the buildings or lands on which they are situate, and the several engineers, firemen, stokers, foremen, or other persons having the control or management thereof, may be included in one summons, and the justice before whom the case is brought may, in his discretion, apportion the Penalty as he sees fit, or impose a pefialty on one or more of those persons in exclusion of the others :

(4.) If any such owner or occupier, or the servant of either of them, refuses to allow such building or lands to be inspected by a person authorised by the Corporation, then any person so authorised may, by warrant under the band of a justice (which warrant any justice is hereby authorised to grant), enter into and upon such building or lands, and examine any such fireplace or furnace :

(5.) The words "prevent or burn shall nevertheless not be held in all cases to mean prevent or burn all smoke, and the justice before whom the case is brought may abstain from imposing any penalty if he is of opinion, as to any such engine or furnace, that it has been so constructed or altered as to prevent or burn as far as possible all smoke arising therefrom, and that the same has been carefully attended to, and that the smoke arising therefrom has been prevented or burned as far as practicable.

XVI-FIRE.

The Corporation may continue and maintain their fire Power to police stations and engine houses, and other offices and buildings provide fire connected with the fire police establishment, and may from time to police & time enlarge the same, and purchase, by agreement, or take at a rent "***"°"* ** any buildings or lands for fire police stations, engine houses, and firemen's dwellings, and other buildings and lands necessary for fire police purposes, with all proper conveniences, and appropriate for

Page 82

166

34 & 35 Vict. Huddersheld Improvement Ch. ch. Act 1871.

Sec.254-259 those purposes, and alter and enlarge any buildings or lands for the

Power to provide fire engines, fire- men, &c.

Discharged firemen or servants may be turned out of pos- session of houses.

Power to enter and break open premises in case of fire.

Power to send fire engines, &c. out of borough.

Captain of fire brigade to have control of operations.

Penalties as to chimneys on fire.

time being vested in them, and repair and furnish and fit up any such buildings.

254, The Corporation may continue and maintain and from time to time provide such fire engines, water buckets, pipes, water carts, firs escapes, and other implements for use in case of fire, and such horses for drawing such engines and water carts, and employ such persons as superintendents and firemen on such terms, and allow them such wages and such rewards for exertion in case of fire, and make such byelaws for the government of the fire police establishment of the borough, as they think fit.

255. Where any fireman or other person discharged from the fire police establishment continues to occupy any building provided for the purposes of that establishment after one week's notice in writing from the Corporation to quit and deliver up the possession thereof, any justice may, on proof of such notice, by warrant authorise any constable to enter upon such building and remove such fireman or other person and his family, and his and their goods and chattels therefrom, and deliver the possession thereof to the Corporation, and any constable may proceed according to the warrant.

256. Any constable of the borough or of the fire police of the borough, or any officer or other person appointed by the Corporation, may enter, and, if necessary, break into any building in the borough being or reasonably supposed to be on fire, or any building or lands adjoining or near thereto, without the consent of any owner or occupier thereof respectively, and may do all such acts and things as he may deem necessary for extinguishing fire in any such building, or Jfor pxgtecting the same, or rescuing any person or property therein rom fire.

257. The Corporation may send any fire engine and any part of the fire police establishment beyond the borough to extinguish fire, and the Corporation may recover the expenses of sending the same from any person on whose property any such engine or part of the fire police establishment is employed for the extinguishment of fire or on whose property any fire has taken place for the extinguishment of which any such engine or part of fire police establishment has been sent.

258, The chief constable, or captain or superintendent of the fire brigade of the Corporation, or other officer for the time being in charge of the engine or part of the fire police establishment of the Corporation attending at any fire in the borough, shall from the time of his arrival thereat have the sole charge and control of. all operations for the extinguishment of such fire, whether by the Corporation engine or establishment, or any other or others, including $9 fixing of the positions of fire engines and apparatus, the attaching of hose to any water pipes or water supply, and the parts of the building on fire or of adjoining buildings against which the water is to be directed.

259. If any person wilfully sets on fire any chimney he shall be liable to a penalty not exceeding five pounds, and if any chimney takes fire accidently, the occupier of the building or the part thereof to which such chimney belongs shall be liable to a penalty not exceeding ten

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34 & 35 Vict. - Huddersfield Improvement Ch. ch. 167 Act 1871.

shillings, unless he proves to the satisfaction of the justice before whom the case is heard that the fire was in nowise owing to omission, neglect, or carelessness of himself or his servant.

260. If any person makes within the borough lucifer matches, or Restriction any combustible article in the manufacture of which gunpowder or on making of detonating powder is used, in any place other than in a detached fireworks, &e. building, or in any case nearer than one hundred yards to any street or dwelling-house, he shall be liable to a penalty not exceeding ten pounds, and to a further penalty not exceeding ten pounds for every day during which the offence continues after the time when the first penalty of ten pounds is incurred.

261. For the better execution of the provisions of the following Execution of Acts ; namely, licensing

t The Gunpowder Act, 1860, and any Act for the time being in force £33335

amending the same ; petroleum, &e.

The Act of the session of the twenty-fifth and twenty-sixth years of Her Majesty (chapter sixty-six), "for the safe keeping of " petroleum," and any Act for the time being in force amending the same ;

the following provisions shall have effect ; (that is to say,)

(1.) Any license granted under the last-mentioned Acts, or any of them, may be suspended or revoked when and as the council think fit :

(2.) Everyk such license shall be under the hand of the town clerk :

(3.) For every such license the council may charge a fee not exceeding one guinea :

(4.) The powers conferred on the council by the last-mentioned Acts, or any of them, or by this Act, in relation theretc may be executed by a committee of the council appointed according to the provisions of the Municipal Corporations Acts as modified by this Act.

XVII.-BURIAL GROUND AND MORTUARIES.

262. From and after the commencement of this Act, the burial Transfer of ground provided under the Huddersfield Burial Ground Act, 1852, burial ground shall be and the same is hereby transferred to and vested in the 2? Corpora- Corporation for all the estate and interest therein of the Huddersfield "** Improvement Commissioners, and all the powers and authorities by that Act, as amended by any subsequent Act, vested in the Commissioners shall be and the same are hereby transferred to and rested in the Corporation. '

263. The Corporation may, if they think fit, from time to time Power to provide and fit up buildings or rooms in which corpses may be received provide and decently and carefully kept before interment, and make byelaws places for with respect to the management of and charges for the use thereof, tempt?! of and the Corporation may, on proper application, and subject to such °°*_*°* regulations, and at such rates and charges, as are from time to time prescribed by any such byelaws, make all necessary or proper arrangements for the decent and economical interment of any corpse therein received.

Page 84

168

Sec. 264-267

Power to remove corpses to places provided.

Regulations respecting coffee shops, &c.

Keepers of cook.-shops, . &o. making internal com- munications with public- house.

Places for dancing, music, and other public entertain- ments.

34 & 35 Vict. Huddersfield Improvement Ch. cli.

Act 1871.

264. If it appears to the satisfaction of the Corporation that in any building or place where a corpse is lying there is no proper accommodation for it until interment, or that there is reason to apprehend any injurious effects from its being kept there, they may cause it to be removed to any building or room so provided for that purpose; any constable or other person appointed by the Corporation may enter any such building or place, and do or assist in doing all things necessary or proper in that behalf, and if access thereto is refused a justice may, if he thinks fit, on application of the Corporation, or of a constable or other person appointed by the Corporation, grant a warrant for forcibly entering the same.

XVIII.-PUBLIC-HOUSES, &c.

265. If any person not being a licensed victualler, or person licensed to sell beer by retail to be drunk on the premises, or licensed to keep a refreshment house under the Act of the session of the twenty-third and twenty-fourth years of Her Majesty, chapter twenty-seven, has or keeps any house, shop, room, cellar, or vault, or place of public resort wherein ready-made tea or coffee, cooked victuals, provisions, liquors, or refreshments of any kind is or are sold or consumed, whether the same is or are kept or retailed therein or procured elsewhere, and permits drunkenness or other disorderly conduct, or suffers any unlawful game or any gaming therein, or permits prostitutes, reputed thieves, drunken or idle and disorderly persons, or persons of notoriously bad character, to meet together and remain there, he shall be liable to a penalty not exceeding five pounds; and any constable may at any time enter into mg such house, shop, room, cellar, vault, or place, and if any suc owner or keeper, or any person in his employment, in such case refuses to allow, or does not on application allow, such constable so to enter, every person so offending shall be liable to a penalty not exceeding forty shillings.

266. If any person makes or uses, or allows to be made or used, any internal communication 'between any house, shop, room, or place of public resort licensed for the sale of wine, spirits, beer, or other excisable articles, and any house, shop, room, or place not so licensed, he shall be liable to a penalty not exceeding ten pounds for every day that such communication is open.

267. For the regulation of places for (Public dancing or music, or other public entertainment of the like kind, the following provisions shall take effect; namely,

[The provisions of this section shall "extend and apply to any " house, room, garden, or other place (whether or not licensed "for the sale of wine, spirits, beer, or other fermented or " distilled liquors) kept or used for public dancing, music, or " other public entertainment, or for public billiards, bowls, " skittles, bagatelle, dominoes, quoits, brasses, or other games "* of the like nature" : Act of 1880 s. 74 (2).]

(1.) A house, room, or other place licensed for the sale of wine, spirits, beer, or other fermented or distilled liquors, or a room, garden, or place, shall not be kept or used for public dancing, music, or other public entertainment of the like

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34 & 35 Vict. Huddersfield Improvement Ch. cli. 169 Act 1871. '

kind, or for billiards, bowls, skittles, or other game, without Sec. 267 a license for all or some of those purposes first obtained from the justices acting for the borough :

(2.) Such justices may, under the hands of a majority of them assembled at any special session convened by fourteen days ° previous notice, grant licenses to such persons as they think fit to keep or use houses, rooms, gardens, or places for all or some of the purposes aforesaid, upon such terms and conditions and subject to such restrictions as they by the respective licenses determine, and every license shall be in force for one year :

[The justices may at petty sessions grant a license for less than one year and for a specified purpose without the giving of the notices required by subsections (2) and (4) of this section : Act of 1880 s. 74 (3.)]

(3.) Such justices may from time to time at any such special session aforesaid transfer any such license to such person as they think fit:

(4.) Each person shall in each case give seven days notice to the clerk of the justices, and to the chief constable of the borough, of his intention to apply for any such license, or for the transfer of any such license :

[" Fourteen days" substituted for "seven days" in this sub- section: Act of 1882 s. 89.]

(5.) Any house, room, garden, or place kept and used for public dancing, music, or other public entertainment of the like kind without such license first obtained shall be deemed a disorderly house, and the person occupying or rated as occupier of the same shall be liable to a penalty not exceeding five pounds for every day on which the same is kept and used for any of the purposes last aforesaid :

or used" substituted for "kept and used" in this subsection : Act of 1880 s. 74 (1.)]

(6.) There shall be affixed and kept up in some conspicuous place on the door or entrance of every house, room, garden, or place so kept or used, and so licensed as aforesaid, an inscription in large capital letters in the words following: «" Licensed in pursuance of Act of Parliament for

,' with the addition of words showing the purpose or purposes for which the same is licensed :

(7.) Any house, room, garden, or place so kept or used, although so licensed as aforesaid, shall not be opened for any of the said purposes except between the hours stated in the license :

(8.) .The affixing and keeping ug of such inscription as aforesaid, and the limitation of the hours of opening, shall be inserted in and made conditions of every such license, and in case of any breach of either of those conditions such license shall be liable to be revoked by the order of any two justices, ,

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170 34 & 35 Vict. Huddersfield Improvement Ch. cl. Act 1871.

Sec.268-272 2608. If any person keeps, or acts or assists in the management Penalties -_ Of a brothel or other disorderly house, room, or other place, he shall on brothel _- be liable to a penalty not exceeding ten pounds, or, in the discretion keepers, &o. of the justice before whom he is convicted, to be imprisoned, with or without hard labour, for any term not exceeding six months.

Power to 269. Any justice may, by order in writing, authorise any constable enter upon - to enter into any building or part of a building, or any place kept or 333an used, or suspected to be kept or used, for stage plays or dramatic es, &c. f . & $0020 00. . entertainments into which admission is obtained by payment of money, and which is not a licensed theatre, at any time when the same is open for the reception of persons resorting thereto, and to take into custody any person found therein without lawful excuse; and every person keeping, using, or knowingly letting any building or part of a building, or any place for the purposes aforesaid, or any of them, shall be liable to a penalty not exceeding twenty pounds; and every person per- forming or being therein without lawful excuse shall be liable to a penalty not exceeding forty shillings, and the burden of proving that

. any such place is a licensed theatre shall be on the person keeping the same. Regulation 270. The Corporation may from time to time, by byelaw, regulate of shows, | the days on and hours within which during any fair, or at any other

caravans, €C. timg, any show, booth, caravan, circus, or exhibition may be kept open,

* and for preserving order therein; and in case anything is done or omitted in contravention of any such byelaw, then, without prejudice to the recovery of any penalty imposed thereby, the mayor may, by any constable of the borough, prevent the opening or keeping open of the show, booth, caravan, circus, or exhibition in respect whereof the offence is committed.

[No market or fair to be held or stall, pen, booth, show, cireus or exhibition to be placed on any land in the borough without the license of the Corporation : Act of 1876 s. 38.]

XIX.-DEALERS IN MARINE STORES, &c.

[Part XIX extended to brokers and persons dealing in second hand furniture household effects and clothing: Act of 1880

s. 83.] Power to Q71. The Corporation may from time to time grant to every such license person as they think fit a license to carry on the business of a dealer dealers in - in marine stores or in old metals (within the meaning of enactments marine relating to dealers of those classes respectively), and may charge a stores; €¢. _ foe not exceeding five shillings for any such license for twelve months, and in the like proportion for any shorter period. Power to 272. With respect to such dealers and their licenses, the

make byelaws Corporation may from time to time make byelaws for all or any

as to dealers « . in marine of the following purposes ; (namely,)

stores, &e. For regulating the applications for such licenses, and the form and contents and signature thereof, and the registration thereof, and of matters relative thereto :

For regulating the duration of every such license, and providing for the suspension or revocation thereof by the Corporation :

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34 & 35 Vict. Huddersheld Improvement Ch. cli. 171 Act 1871.

For requiring every person so licensed to give notice to the Sec.273-276 Corporation in case of his changing his place of abode, or his place of carrying on his business, either to a different building, or to a different or additional part of the same building :

For requiring every person so licensed to keep exhibited outside his place of business his name and occupation, and any other particulars :

For requiring every person so licensed to enter in a book the description and the price of every article purchased or acquired by him in the course of his business, and the name, address, and occupation of the person from whom the same is purchased or otherwise acquired, and any other particulars, and for securing free access to every such book to the Corporation, their officers and servants, and persons authorised by the Corporation to inspect the same.

273. Any such license may be suspended or revoked by any Licenses may justice before whom the person licensed is convicted of any offence be suspended naking it in the opinion of any such justice expedient that such license or revoked. should be suspended or revoked.

274. If any person after the expiration of one month from the Penalty on commencement of this Act carries on while unlicensed the business persons of such a dealer as aforesaid, he shall be liable to a penalty not D usinesy * & ugsiness exceeding twenty pounds, and to a further penalty not exceeding fi¥e wirnou; pounds for every day during which such offence continues after the license.

time when the penalty of twenty pounds is adjudged.

XX.-HACKNEY AND STAGE CARRIAGES ; PORTERS CARTS ; PORTERS AND DRIVERS.

[See the following definitions in Act of 1880 s. 81 :- «Hackney Carriage" means and includes every carriage (other than a Tramway car) used in standing or plying for hire in any street in the borough and every carriage licensed by the Corporation for the conveyance of passengers ; " Omnibus " means any carriage (other than a Tramway car) licensed for the conveyance of passengers paying separate and distinct fares or used for the taking up and setting down passengers upon its route or for the conveying of passengers paying such fares to any place within or without the borough.]

275, The Corporation may from time to time license such number Power to of hackney carriages and porters carts to ply for hire within the license hack. borough, and such number of persons to act as drivers thereof

respectively, as they think fit. 223x123 in

[Corporation may attach to license a condition compelling drivers. proprietor to supply a hackney carriage at stables during hours when not by byelaw required to ply for hire : Act of 1880 s. 82.]

276. If the proirietor of or any person interested in any carriage Prohibition or cart permits it while unlicensed to be used as a hackney carriage of use of or porter's cart plying for hire, or if any person is found driving for hire, or standing or plying for hire, with any carriage or cart while it figéhgg‘thmt is unlicensed, he shall be liable to a penalty not exceeding forty ' shillings.

Page 88

172 34 & 35 Vict. Huddersheld Improvement Ch. ci. Act 1871. Sec.277-278 277. If any person while unlicensed acts as driver of a licensed

Prohibition _- backney carriage or licensed porter's cart, or if any licensed driver of unlicensed lends his license, or parts with the possession of it, or fails to produce

persons it when required by any justice, or by any hackney carriage inspector, acting as or by any constable, or if the proprietor of a hackney carriage or drivers. porter's cart employs an unlicensed person as a driver thereof, he shall -

be liable to a penalty not exceeding forty shillings.

Power to 278. The Corporation may from time to time make byelaws for

maéefiyeéaws all or any of the following purposes ; (that is to say,) as to hackn , , carriages ax For regulating the mode of application for and the issuing of licenses

porters carts for hackney carriages and porters carts, and the drivers thereof, and drivers. and the fees to be paid for licenses (not exceeding five shillings for any such license for twelve months, and in the like proportion for any shorter period), and the form and contents of licenses, and the registering thereof, and of matters relative thereto, and the duration of licenses, and the conditions on which the same are to be held or may be revoked or suspended :

For regulating the conduct of the proprietors and drivers of hackney carriages and porters carts in their several employments, and determining whether such drivers shall wear any and what badge, and for regulating the hours within which they are to exercise their calling : For the numbering and identifying of hackney carriages and porters carts, and for regulating the manner in which the numbers are to be displayed : For regulating the number of persons to be carried by any hackne carriage, and in what manner such number is to be shown on suc carriage, and for requiring the driver to carry that number or any less number, and for regulating what number of animals is to draw any hackney carriage or any porter's cart, and the kind and condition of such animals, and the filming of a check string to any such carriage, and the holding of the same by the driver, and how such carriages are to be furnished or provided :

For punishing misconduct of drivers of hackney carriages and porters carts in refusing or upglecting to drive as required, and for preventing the carrying in or upon hackney carriages of dead bodies, or of persons having any infectious, contagious, or loathsome disease, and for ireventing persons being carried in or upon hackney carriages without the consent of the hirers:

For fixing the stands of hackney carriages and porters carts, but in the public streets only, and not on any private ground or within the curtilage or boundary of a)? railway station, or on station. approaches belonging thereto, and for fixing the distance to which they may be comlfelled to take passengers and goods, not exceeding seven miles beyond the boundary of the borough :

[Corporation empowered to erect shelters for hackney carriage drivers and licensed porters in any public street: Act of 1880 s. 77.] For fixing the fares for time and for distance to be paid for hackney carriages and for porters carts, and for securing the due publication thereof, and for regulating deposits of money in addition to fares for carriages or carts kept waiting by the hirers : K

Page 89

34 & 35 Vict. Huddersheld Improvement Ch. cl. 173 Act 1871.

For securing the safe custody and re-delivery of property accidentally Sec.279-284 left in any hackney carriage or porters cart, and fixing the charges to be paid in respect thereof, and the disposal thereof if unclaimed.

279. If any person fraudulently, or with intent to deceive, does Penalty for

either of the following things ; (namely,) fraudtleent & Uu (1.) Affixes or places on any carriage or cart any figure or number niibm, &e.

to resemble any figure or number appointed by the Cor- oration to be affixed to any licensed hackney carriage or icensed porter's cart ;

(2.) Affixes or carries on his person any badge, figure, or number to resemble any badge, figure, or number appointed by the Corporation to be carried by a licensed driver ; he shall be liable to a penalty not exceeding forty shillings.

280. If the proprietor or driver of a licensed hackney carriage or licensed porter's cart, or any person on his behalf, agrees before- £0” leas 313m hand with any hirer thereof to take for any job a sum less than the 033,521,133 fare allowed by byelaw, but exacts or demands for such job more than | the sum agreed on, he shall be liable to a penalty not exceeding forty shillings. “ 281. An agreement made with the driver of or any person Agreement having or pretending to have the care of any hackney carriage or for moi??? porter's cart for the payment of more thar. the fare allowed by byelaw graffiti ~ shall not be binding on the person making the same, who may, notwith- __ ' standing such agreement, refuse on discharging such carriage or cart to pay any sum beyond the fare allowed by byelaw, and if any person actually pays to any such driver, in pursuance of any such agreement 'or otherwise, any sum exceeding the fare to which the driver is entitled, he may, on complaint made against the driver before a justice, recover back such sum, and, moreover, the driver shall be liable to a penalty not exceeding forty shillings, and in default of repayment by such driver of such excess of fare, or the payment of such penalty, the justice may commit him to prison for any time not exceeding one month, unless the excess of fare and the penalty are sooner paid.

282. If the proprietor or driver of any hackney carriage, or any Agreement person on his behalf, agrees with any person to carry by such for discre- carriage persons not exceeding in number the number allowed to be GCA, carried by it for a distance to be in the discretion of such proprietor ' or driver, and for a sum agreed on, but the distance for which he carries such persons is less than that for which they are entitled to be carried for the sum agreed on according to the fares allowed by byelaw, he shall be liable to a penalty not exceeding forty shillings.

283. If any proprietor or driver of a hackney carriage or porter's Penalty for cart is convicted of taking as a fare a greater sum than that allowed demand of by byelaw he shall be liable to a penalty not exceeding forty shillings, - C which penalty may be recovered before one justice, and in the '*''°* conviction of such proprietor or driver an order may be included for payment of the sum so overcharged, in addition to the penalty and costs, and such overcharge shall be returned to the party aggrieved.

284. It shall not be lawful for any person authorised by the Drivers not proprietor of any hackney carriage or porter's cart to act as a driver to act with- thereof to suffer any other person to act as a driver thereof, without 22.“ the consent of the proprietor thereof, or for any person, whether aw? prietore

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84 & 35 Vict. Huddersfield Improvement Ch. cL. Act 1871.

Sec.285-290 licensed or not, to act as a driver of any such carriage or cart without

Penalty on driver for misconduct, &c.

Penalty on driver for obstructing streets, &c.

Proceedings where car- riage, &c. left in street.

Liability of proprietor to compensation for damage done by driver.

Endorsement of conviction of driver on license.

Compensa. - tion, &c. to driver acquitted.

the consent of the proprietor thereof ; and if any person offends in any respect against the present enactment he shall be liable to a penalty not exceeding forty shillings.

285. If the driver of, or any person having or pretending to have the care of, any hackney carriage or porter's cart is intoxicated while driving, or by wanton and furious driving, or by any other wilful misconduct injures or endangers any person in his life, limbs, or property, he shall be liable to a penalty not exceeding five pounds.

286. If any driver of a hackney carriage or porter's cart suffers the same to stand for hire across any street, or alongside of any other such carriage or cart, or refuses to give way if he conveniently can to any such other carriage or cart, or obstructs or hinders the driver of any carriage from taking up or setting down any person into or from any carriage, or wrongfully or in a forcible manner prevents or endeavours to prevent the driver of any other hackney carriage or porter's cart from being hired, he shall be liable to a penalty not exceeding twenty shillings.

287. If the driver of any hackney carriage or porter's cart leaves it in any street, or at any place of public resort or entertainment whether it is hired, or not, without some one proper to take care of it any constable may drive it away, and deposit it and the animal harnessed thereto at some neighbouring livery stable or other place of safe custody, and such driver shall for every such offence be liable to a penalty not exceeding twenty shillings, and in default of payment thereof and of the expenses of the taking and keeping of the carriage or cart and animal, the same, with the harness belonging thereto, or any of them, shall be sold by order of a justice, and after payment out of the produce of such sale of the amount of the penalty, and of all costs and expenses, as well of the proceedings before the justice as of the taking, keeping, and sale aforesaid, the surplus, if any, of such produce shall be paid to the proprietor of the carriage or cart.

288. Where any hurt or damage is caused to any person or property by the driver of any hackney carriage or porter's cart let to hire, the justice before whom the driver is convicted may order that the proprietor of the carriage or cart do pay such sum, not exceeding five pounds, as appears to the justice reasonable. compensation for such hurt or damage, and every proprietor who pays any such compensation may recover the same from the driver.

289. Where any licensed driver complained of is adjudged guilty of the offence alleged against him the justice before whom he is convicted shall make an endorsement on his license, stating the offence and the amount of the penalty inflicted.

290. Jf the driver of a hackney carriage or porter's cart is summoned or brought before any justice to answer any complaint or information concerning any offence alleged to have been committed by him against this Act, or any byelaw under it, and the complaint or information is withdrawn or quashed or dismissed, or the driver is acquitted of the offence charged against him, the justice may order the complainant or informant to pay to the driver such compensation for his loss of time in attending the justice concerning the complaint or

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information as to the justice seems reasonable, and in default of Sec. 291-204 payment of such compensation the justice may commit the complainant ° or informant to prison for any time not exceeding one month, unless the same is sooner paid.

291. If any person refuses to pay, on demand, to any proprietor Recovery of or driver of any hackney carriage or porter's cart the fare to which he fare. is entitled the same may be recovered, with costs, before a justice as a penalty.

292. If any person using any backney carriage or porter's cart Penalty for wilfully injures the same he shall be liable to a penalty not exceeding injury to five pounds, and shall also pay to the proprietor of the carriage or cart C**M88® Or reasonable satisfaction for the damage sustained, and such satisfaction *** shall be ascertained by the justice before whom the conviction is had, and may be recovered by the same means as the penalty.

293. The Corporation may from time to time make byelaws for Power to

all or any of the purposes following (that is to say,) make byelaws as to porters

For regulating omnibuses and stage carriages in the streets, and the and drovers. conduct of the drivers and conductors thereof, and the fares to be charged to passengers in or on the same, and for preventing the overcrowding thereof, and touching the number and fitness of the animals to be.employed to draw the same :

[See definition of omnibus in note to the heading of Part XX of this Act page 171.]

For requiring owners of carts used in the streets to place their names, descriptions, and addresses conspicuously on their carts :

For prohibiting any person from acting as driver of any cart on which the owner's name, description, and address are not so

placed. 294, The Corporation may from time to time make byelaws for Power to all or any of the purposes following; (that is to say,) make bye.

, . . , laws as to For licensing porters (that is to say, persons following the business omnibuses

of carrying errands, messages, parcels, or luggage for hire) and carts, &c. drovers (that is to say, persons offering themselves to lead or drive cattle for hire), and for charging any fee not exceeding five shillings for any such license for twelve months, and in the like proportion for any shorter period, and for regulating the conduct of drovers and porters in their employments, and determining whether porters and drovers shall wear any and what badges, and for regulating the hours within which they may exercise their calling ;

For fixing the stands of porters and drovers, and the distance to which they may be compelled to go in the exercise of their calling, not exceeding, in the case of porters, three miles, and in the case of drovers, twenty miles beyond the boundary of the borough ; For fixing the fares, as well for time as for distance, to be paid to porters and drovers, and for securing the due publication of such fares ; For securing the safe custody and re-delivery of ary property

accidentally left with porters or drovers, and fixing the charges to be paid in respect thereof ;

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176 84 & 35 Vict. Huddersfield Improvement Ch. cl. ° Act 1871.

and in any such byelaws the Corporation may (if they think fit) adopt ' and apply to porters and drovers, mutatis mutandis, any of the provisions of this Act relative to drivers of hackney carriages and porters carts so far as the same are applicable.

XXI. MISCELLANEOUS.

Provision 295. So much of the township of South Crosland as is comprised respecting - in the Lockwood district of the borough shall be and the same is 183312131! ©©98- hereby for purposes of rating, and all other purposes whatever, severed ° from the township of South Crosland, and annexed to and incorporated into the township of Lockwood, and the same shall to all intents and for all purposes be and be designated part of the township of Lockwood, and not of the township of South Crosland, and the residue of the township of South Crosland shall continue to have and shall be deemed to have always had all rights, privileges, duties, and liabilities of a township of itself, as if the portion of that township severed therefroin by this Act had never been part thereof.

[An additional portion of South Crosland was added to the borough by Act of 1880 s. 6.]

Distinct 296. The Corporation shall keep distinct accounts in respect of accounts to - the following undertakings or matters; (namely,)

be kept. Sewers ; Baths and wash-houses ; Burial grounds ; Model lodging houses ;

and in respect of all other (if any) undertakings or matters on account whereof distinct loans bave been before or are after the commencement of this Act raised for any district of the borough or for the borough by the Huddersfield Improvement Commissioners, or by any local board merged in the Council, or by the Corporation.

[See also ss. 337-389 of this Act.]

Apportion» 297. Where any expenditure is made for purposes common to ment of two or more districts of the borough the Corporation may apportion expenso the same between those districts in such manner as the Corporation

between ) V districts. think fit.

Powertotake 2098. The Corporation may from time to time accept grants of land and land made to them for purposes of parks, hospitals, infirmaries, schools, chars, é?” or other public, useful, or charitable objects for the benefit of the - of the borough and its neighbourhood, and may hold the and public r A purposes. land so granted, and may execute in relation thereto the trusts and purposes declared by the grantors or otherwise attaching thereto, and may from time to time accept donations of money made to them for any such purposes as aforesaid, and may keep the same, and may apply the same or the income thereof in the manner in which the same ought to be applied according to the directions or intentions of the donors.

Proceedings 299, The Corporation, with the sanction of Her Majesty's to prevent - Attorney (teneral, may either in their own name, or in the name of injury, &c.. - any person with his consent, take such proceedings by indictment, bill to streams. in Chancery, action, or otherwise, as they deem advisable for the purpose of protecting any watercourse or stream, which is within the

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borough, or which is or forms part of the boundary line between the Sec.300-302 borough and any adjoining township or place, from encroachment, obstruction, pollution, or other injury, and the costs of and incidental to any such proceedings, including any costs that may be awarded to the defendant, shall be paid out of the borough fund.

[See also Act of 1880 ss. 86 and 87.

As to cleaning of watercourses forming part of the boundaries of the borough : see s. 190 of this Act, page 142.

As to cleansing, covering, &e. of foul brooks : see Act of 1876 s. 92.]

300. In the event of the prevalence in the borough of any Power to contagious or infectious epidemic or other disease, the Corporation establish may, if they think fit, establish a temporary hospital or ward for the temporary treatment of the disease, and provide proper fittings, furniture, con- &c. veniences, medical appliances, and other things necessary or proper for the hospital or ward, and engage medical attendants and nurses for the service of the same.

[Extended by Act of 1876 ss. 64-66. See provisions as to infectious diseases : Act of 1880 ss. 63-67.]

301. The Corporation may from time to time make byelaws for Power to securing the effectual inspection, adjustment, and regulation of scales, regulate beams, steelyards, and other machines and apparatus for weighing scales, beams, used in so much of the borough as is not within the manor of Wakefield, ** and by any such byelaw, in addition to or in lieu of the imposition of any penalty, may provide for the seizure and confiscation of any instrument or thing found to be fraudulent or improper.

[This section now applies to the whole of the borough.

Franchise and jurisdiction of the Lord of the Manor of Wakefield acquired 10th December 1892 : see Act of 1876 s. 63 note.]

302. Notwithstanding anything in this Act contained, section 142 Sect. 142 of of " The Towns Improvement Clauses Act, 1847," shall remain in force 10 & 11 Vict.

and extend to the whole borough and to the borough fund. c. 34 to extend to

[The following is the section here referred to :- this Act.

142. If it appear that any works which the Commissioners deem necessary for promoting the health or convenience of the inhabitants of the district within the limit of the special Act cannot lawfully be carried into effect by the Commissioners, under the powers vested in them by this or the special Act, by reason either that the monies authorised to be raised by them are insufficient for the purpose, or that any lands are required with the Commissioners are not by this or the special Act authorized to take or use, or for any other reason, the Commissioners may, by special order as herein defined, but not otherwise, cause application to be made to Parliament for an Act to enable them to execute such

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178 34 & 35 Vict. _- Huddersfield Improvement Ch. cli. Act 1871.

Sec 302 works, and may defray the expenses of such application out of the rates authorized to be levied by them under this and the special Act.

"* Special Order" is defined by ss. 182 and 133 of the same Act as follows :-

132. Where by this or the special Act the Commissioners are empowered to do anything by special order only, it shall not be lawful for them to do such things unless the resolution to do the same have been agreed to by the Commissioners in some meeting whereof special notice has been given, and has been confirmed in a subsequent meeting held not sooner than four weeks after the preceding meeting, and which subsequent meeting has been advertised once at least of the weeks intervening between the two meetings in some newspaper circulating within the limits of the special Act, and of which special notice in writing has been given to each of the Commissioners.

183. Provided always, that after any resolution has been confirmed in a subsequent meeting as aforesaid, the Commissioners shall not proceed to carry the same into effect until after the expiration of one month from the date of such second meeting, and during such month such resolution shall be advertised once at least in each in some newspaper circulating within the limits of the special Act, and public notice thereof shall also be given by means of placards posted in public places within the said limits, and reference shall in such advertisement and notice be made to some place, provided by the Commissioners, where the plan or particulars of the work or matter to which such resolution relates may be gratuitously seen by the ratepayers; and if before the expiration of such month a remonstrance in writing against carrying into effect such resolution or any part thereof, signed by a majority of the ratepayers having votes in the election of the Commissioners (such majority being computed with reference to the number of votes to which in such election each ratepayer is entitled under the special Act, or any Act incorporated therewith), be presented to the Commissioners, such resolution, or such part thereof as such remonstrance applies to, shall not be carried into effect ; and where any such remonstrance applies to part only of any such resolution the Com- missioners may either carry into effect the reroainder of such resolution, or rescind the same, as they think fit.

The Municipal Corporations (Borough Funds) Act 1872 s. 9 enacts as follows :-

9. The 142nd section of the Towns Improvement Clauses Act 1847 is hereby repealed so far as the same is inconsistent with the provisions of this Act.

This section does not however affect the application of section 142 above quoted to the Borough of Huddersfield. See the preambles of the Acts of 1876, 1880 and 1882.]

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$4 & 35 Vict. -_ Huddersfield Improvement Ch. cli. 179 Act 1871.

OF WORKS GENERALLY. Sec-303-305

[See forms of Notice for Execution of Works and Notice of

Intention of Corporation to Execute Works : Fourth Schedule Nos. 2 and 3.]

3038. Whenever by this Act or any byelaw thereunder, Or ANDY Power to notice or order of the Corporation, any work, act, or thing is required execute to be done by any owner, occupier, or other person, and default is works, &c. in | made therein, or if any such work, act, or thing is improperly or default of 1 insufficiently done, the Corporation may cause such work, act, or thing P°"%°" able. to be executed, re-executed, or done (as the case may require), and also whenever any work, act, or thing is by this Act, or by any such byelaw, notice, or order as aforesaid, prohibited being done, and it nevertheless is done, the Corporation may remove, abate, or alter the work, act, or thing so done ; and the expenses incurred by the Corporation in any such case, or incidental thereto, with a commission at the rate of five per centum on the amount thereof in respect of surveying and superintendence, shall be repaid to them by the person making default in the execution or doing of, or improperly or insufficiently or unlawfully executing or doing, such work, act, or thing, as the case may be, notwithstanding any penalty may be imposed upon such person by this Act or any such byelaw.

[Further powers as to alteration of works improperly executed : Act of 1876 s. 91.]

304. The Corporation, by their officers and servants, may at all Power to reasonable times in the daytime, and after twenty-four hours notice enter and to the occupier of the premises, or if there is no occupier to the '"°P°°¢ owner, from time to time enter upon any building or lands for the purpose of inspecting any works or buildings in progress of construction or alteration, or of making such examination as may be necessary to ascertain whether the provisions of this Act or of any byelaw thereunder have been complied with, or of carrying into execution any of the powers contained in this Act or in any such byelaw, without being deemed trespassers or liable to any action, indictment, or other proceeding on account thereof. ‘

[As to insEection of buildings in course of construction : see s. 147 of this Act ; also Act of 1876 s. 90.]

305. In case the occupier of any building or lands prevents the Penalty on owner thereof from carrying into effect in respect thereof any of the occupiers provisions of this Act or of any byelaw thereunder, then, aftgr notice opposing of this provision given by the owner to the occupier, any justice, upon fawn” of proof thereof, may make an order in writing requiring the occupier to __" permit the owner to execute all such works with respect to such building or lands as may be necessary for carrying into effect the provisions of this Act or of any such byelaw ; and if after the expiration of ten days from the service of such order the occupier continues to refuse to permit the owner to execute any such work he shall for every day during which he so continues to refuse be liable to a penalty not exceeding five pounds, and during the continuance of such refusal the owner shall be discharged from any penalties to which he might other- wise have become liable by reason of his default in executing such works.

[See note to s. 304.]

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180

Sec 306-310

Occupier in default of owner may execute works, and deduct ex. peoses from his rent.

Power to keep

34 & 35 Vict. -_ Huddersfield Improvement Ch. cl. Act 1871.

306. Whenever default is made by the owner of any building or lands in the execution of any work by or by virtue of this Act or any byelaw thereunder required to be executed by him, the occupier of such building or lands may, with the approval of the Corporation, cause such work to be executed, and the expense thereof shall be repaid to the occupier by the owner, and the occupier may deduct the amount of such expense out of the rent from time to time becoming due from him to the owner.

307. The Corporation may from time to time provide and may

materials, &c. keep such materials as they think requisite for enabling them to

Recovery of new street and other expenses from owners and others.

Expenses to be a charge oun lands as mortgaged.

Extent to which occu- pier liable in default of owner.

execute any works which they are by this Act authorised or required to execute.

OF NEW STREET AND OTHER EXPENSES.

308. All new street expenses, and all other expenses by this Act or any byelaw thereunder made payable by or recoverable from the owner of any building or lands, or from the occupier of any building or lands, or from any other person, shall, if not paid on demand, be recoverable by the Corporation, with interest thereon from the expiration of one month after such demand, at the rate to be determined by the Corporation, not exceeding five pounds per centum per annum, either as a debt from such owner or from such occupier, or from such other person (as the case may be), in any court of competent jurisdiction, or by distress and sale of the goods and chattels of such owner, or of such occupier, or of such other person (as the case may be), and any justice may issue his warrant accordingly.

[Summary proceedings before justices for recovery of expenses under this section may be commenced within twelve calendar months from service of account or statement and demand thereof; Act of 1876 s. 78.]

309. All new street expenses, and other expenses by this Act or any byelaw thereunder made payable by or recoverable from the owner of any building or lands, with such interest thereon as by this Act or any such byelaw is provided for, shall be a charge on such building or lands in priority to any incumbrance or charge on or affecting the same.

310. Where under the provisions of this Act any money is payable by or recoverable from the owner of any buildings or lands, the occupier thereof shall be liable from time to time to the extent of the amount of the rent for the time being due from him to such owner, or of the proportion of rent in respect of any current period (the burden of proving which amount shall be on the occupier}, but only as from the service on the occupier of a demand of payment of rent to the Corporation and notice not to pay the same to the owner, and every such occupier shall be entitled to deduct any money paid by him (together with all costs, charges, and expenses incurred by him in respect of the payment thereof to the Corporation, or in respect of the recovery thereof by the Corporation) out of the rent due or becoming due from him to such owner.

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311. If the owner of any building or lands by this Act charged Sec.311-312 with any new street or other expenses fails for the space of six months power to, after the same become recoverable from him to fully pay the 8@2Me, enter into with all interest thereon, or if any such owner is or becomes bankrupt, or possession,&c, is after diligent inquiry unknown to the Corporation, or cannot be where owner found by them, then and in every such case, and as often as the same {fills to over happens, the Corporation (by way of additional remedy, and whether oésnirgiziggf any action or suit or other proceedings against such owner has been or other brought by them or not) may, on or at any time and from time to time expenses. after the expiration of one month from service of a notice to such owner of their intention to put in force the powers of the present

section, proceed as follows ; namely,

(1.) The Corporation may enter into receipt of, and demand and receive from tenants and occupiers and persons liable, the rents and profits of such building or lands, and in case of nonpayment may use all or any such lawful remedies, by way of distress or otherwise, for recovering and obtaining payment of the same, or any part thereof, as may be used by landlords in ordinary cases, and may do all things necessary or expedient for recovering and receiving the rents and profits as if they were the owners of the building or lands ; and the tenants, occupiers, and persons liable shall pay the rents and profits to the Corporation, and the receipt of the treasurer, or of any officer of the Corporation appointed in that behalf, shall be and shall alone be an effectual discharge for the same :

(2.) Where any such building or lands is or are unoccupied or unproductive at the time when the Corporation would be entitled under this Act to enter into the receipt of the rents and profits thereof (if any), or at any time afterwards while the claim of the Corporation is unsatisfied, then and in every such case, and as often as the same happens, the Corporation may enter into possession of the building or lands, and may occupy, enclose, and use the same or any part thereof :

(3.) The Corporation may from time to time let from year to year, or for any shorter period, any such unoccupied or unpro- ductive building or lands, or any part thereof, and receive the rents and profits thereof, as if they were the owners thereof.

, 312. All rents and profits received ini respect of any such build- Application ing or lands as aforesaid shall be applied in the manner and in the of rents and

order following ; (namely,) profits

received. (1.) There shall be paid thereout all taxes, rates, assessments, expenses of repairs, and other outgoings, properly payable by the owner in respect of the building or lands (except any chief rent), and all expenses incurred by the Corporation in relation thereto by reason or in consequence of the failure of the owner thereof to pay any new street expenses or other expenses as aforesaid : (2.) There shall be retained on behalf of the Corporation the amount which the owner is at the time of the commence- ment of such receipt by the Corporation liable to pay on

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182 84 & 85 Vict. Huddersfield Improvement Ch. cl. Act 1871.

Sec.313-316 account of new street or other expenses, and interest in respect of the same or any other buildings or lands in the same or any other street :

(3.) There shall be paid any chief rent payable in respect of the building or lands :

(4.) The surplus (if any) shall be paid to the owner, his represen- tatives or assigns.

Right of 38138. Whenever the Corporation so enter into receipt of the rents Corporation - and profits, or into possession of any such building or lands, then for to rents to - and in respect of the period during which their claim against the exclude that ha - . owner for new street or other expenses is unsatisfied, as well after of owner, &c. <2 s . tL . . ‘ the termination of that period as during its continuance, the owner of the building or lands, and the owner of any chief rent issuing thereout, shall not have any right to receive any rents or profits of the building or lands, or have any interest therein, except under the provisions of this Act directing the application of rents and profits received by the Corporation, and for and in respect of the period aforesaid, as well after its termination as during its continuance, every or any such right shall, as against any lessee of the building or lands, or other person taking through or under the Corporation, be by virtue of this Act absolutely extinguished.

Saving for 314. Nothing in this Act shall alter the liabilities respecting the special con- payment of any expenses made payable or recoverable by this Act, or

tracts as to any byelaw thereunder, of any owner and occupier as between them- expenses of . f works. selves under any special contract relative thereto made before or after the commencement of this Act. Power to 315. When any new street or other expenses are to be repaid

allow time for by the owners or occupiers of buildings or lands the Corporation may, repayment of by resolution, allow to the owners or occupiers, or any of them, time 3238232; °** for the repayment thereof or of any part thereof, and may order the ' ___ same or any part thereof to be repaid either in one sum or by such instalments as the Corporation think fit, with interest for the principal money from time to time remaining unpaid, after such rate as the Corporation determine ; but all sums so remaining due, notwithstanding that the Corporation agree so to allow time, shall from time to time, at the expiration of the several times allowed, be recoverable from the respective owners and occupiers for the time being, both present and future, in succession one after another, as the same would have been recoverable from the original owner or occupier if no such time had been allowed, and with respect to any such instalment, the time limited by this Act or otherwise for the recovery of expenses shall be deemed to run only from the time when such instalment becomes due.

Persons 316. All owners of buildings or lands being tenants for life only, having partial and all committees of lunatics, and all trustees seised, possessed of, mfemsmpmay or entitled to any estate or interest, either at law or equity, in any by m buildings or lands for or on behalf of any person or charity, may y mortgage. « «* charge such buildings or lands with such sum as may be necessary to defray the whole or any part of any new street or other expenses which the owners of such buildings or lands for the time being are liable to pay, and the expenses of making such charge; and for securing the repayment of such sum, with interest, may mortzrage such buildings or lands to any person advancing such sum, but so that the principal money due on any such mortgage shall be repaid within twenty years.

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84 & 85 Vict. Huddersfield Improvement Ch. ch. 183 ' Act 1871.

817. With respect to any new street or work begun or executed Sec.317-321 by the Corporation before the commencement of this Act, or by their , 600. ame rules predecessors, the Huddersfield Improvement Commissioners, Or by ANY to apply as local board now merged in the council, the provisions of this Act to works relative to new street and other expenses shall apply in every such previous to case as if such new street or work was begun after the commencement Act. of this Act; and all notices given and proceedings taken before the commencement of this Act, with a view to the beginning or execution of any such street or work, or to the recovery of the expenses thereof, shall be as effectual to all intents as if the same had been given or taken in acordance with the provisions of this Act, and all such notices and proceedings may after the commencement of this Act be acted on and continued as if they had been given and taken under this Act.

XXIV.-LANDS.

318. The Lands Clauses Consolidation Acts, 1845, 1860, and Incorporation 1869, (except the provisions thereof relating to access to the special of general Act,) as far as they are applicable for the purposes of and not incon- *** sistent with this Act, are hereby incorporated with this Act.

319. And whereas in the case of the several properties hereinafter Owner may referred to portions only thereof will be sufficient for the purpose berequired to of effecting the improvements and works by this Act authorised, 8°!! partsonly and those portions can be severed from the remainder of the several figgsgga‘zc properties without any material detriment thereto: Therefore, bo C notwithstanding section 92 of "The Lands Clauses Consolidation Act, 1845," be it enacted, that the owners of and persons interested in the lands and buildings numbered respectively on the deposited plans and in the deposited book of reference 1, 2, 8, 12, 183, 14, 15, 16, and 383, in the parish of Almondbury, and 106, 124, 275, 276, 277, 278, 280, 281, 282, 284, 297, and 298, in the parish of Huddersfield, may be required to sell and convey to the Corporation the parts only of the premises required for the improvements and works shown on such plans, the Corporation paying for the parts so required, and making compensation for any damage sustained by such owners ; and in taking or requiring such parts only of properties by this section authorised to be taken, the Corporation shall specify tc the owners thereof the nature of the works intended to be executed thereon, and the height and situation of buildings, if any, proposed to be erected thereon, and shall not afterwards vary the situation and lines of such specified works, or increase the height of such buildings, without the consent in writing of such owners.

320. The Corporation may from time to time enter on, take, and Power to take use such of the lands shown on and described in the deposited plans !ands. and book of reference as they require for the purposes of any Act, or for providing space for the erection of houses and buildings adjoining or near thereto.

821, If any omission, mis-statement, or erroneous description is Correction of found to have been made of any lands, or of any owners, lessees, or errors, omis- occupiers of any lands described or intended to be described in the sions. &e. deposited plans or book of reference, the Corporation may apply to two justices, not being members of the council, for the correction thereof, after giving ten days notice to the owners of the lands effected by the proposed correction ; and if it appears to such justices

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184

Sec.322-325

Provision as to houses of labouring classes.

Time for compulsory purchase.

Power to take additional lands by agreement.

Power to agree for

34 & 35 Vict. Huddersfield Improvement Ch. ch. Act 1871.

that the omission, mis-statement, or erroneous description arose from mistake, they shall certify the same, stating the particulars of the omission, mis-statement, or erroneous description, and such certificate shall be deposited with the clerk of the peace for the west riding, and shall be kept by him with the other documents to which it relates, and subject and according to the same enactments and provisions as apply to those other documents, and thereupon the deposited plans or book of reference, as the case requires, shall be deemed to be corrected according to the certificate, and the Corporation may enter on, take, hold, and use those lands accordingly.

[The notice to be given to owners is also to be given to lessees and occupiers : Act of 1880 s. 104.]

322. The Corporation shall, not less than eight weeks before, under the powers of this Act, they take compulsorily in any district of the borough houses amounting to fifteen in number occupied by persons belonging to the labouring classes either wholly or partially as tenants or lodgers, make known their intention to take such houses by placards, handbills, or other general notice placed in public view upon or within a reasonable distance from such houses, and the Corporation shall not take compulsorily any such houses until they have obtained the certificate of a justice that it has been proved to his satisfaction that the Corporation have so made known their intention, and any justice, on production of such evidence as he thinks sufficient, shall grant such certificate.

323. The powers of the Corporation for the compulsory purchase of lands for purposes of this Act shall not be exercised after the expiration of the following periods from the commencement of this Act ; (that is to say,)

For purposes of new streets and improvements of streets and bridge, ten years : M For any other purpose of this Act, five years.

324. The Corporation may from time to time for the purposes of this Act take by agreement, in addition to the lands which they are authorised to take by compulsion, any lands within the borough, and may hold the same, but the lands held by them under this provision, exclusive of lands held for purposes of parks, recreation grounds, and public gardens, shall not exceed in the whole at any one time twenty acres, or inclusive thereof one hundred acres. .

[See also Act of 1876 s. 115 ; Act of 1880 s. 97 ; Act of 1882 s. 44; and Improvement Act 1890 s. 25 where summary given.] 325. The Corporation may take by agreement, and any person by the Lands Clauses Consolidation Act, 1845, or otherwise enabled to sell lands may graut to them, any term, estate, easement, interest, right, or privilege (other than a right or privilege of water) in, over, affecting, or belonging to lands, at a yearly rent or otherwise ; but in the case of a person not enabled otherwise than by the Lands Clauses Consolidation Act, 1845, to sell lands, then, subject and according to the provisions relative to the taking of lands by agreement contained in that Act, and the Lands Clauses Consolidation Acts Amendment Act, 1860, for which purpose any such term, estate, easement, interest, light, or privilege shall be deemed lands within the meaning of those Acts.

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34 & 85 Vict. Huddersfield Improvement Ch. cli. 185 - Act 1871.

326. In case any lands acquired by the Corporation before or Sec. 326-328 after the commencement of this Act for the purpose of any park or p new street for the time being authorised to be made by the Corporation £82223 ding are not laid into and made part of the park or street, or where ANY leages of lands lands are taken by the Corporation for providing space for the near park, erection of buildings adjoining to or near any street or improvement, &c. or in case, in the opinion of the Corporation, it shall be desirable to sell or lease the same, the Corporation, when and as they think fit, may convey the same absolutely to any person willing to purchase the same, or demise for any term of years such lands, or any parts thereof, to any persons agreeing to erect thereon, or any parts thereof, erections and buildings of such rate or class of buildings, and upon such plan and elevation, and of such height, and with such storeys, and with such yards or gardens, as the Corporation think proper ; and the Corporation may (if they think fit) take any fine for any such conveyance or lease, and may (if they think fit) reserve any rent in any such conveyance or lease, and every such conveyance or lease shall contain a covenant for the payment of any rent thereby reserved, and such other covenants on the part of the grantee or lessee as the Corporation think reasonable, and may contain a clause in the nature of a condition of re-entry on nonpayment of any rent thereby reserved or nonperformance of the covenants on the part of the grantee or lessee therein contained.

327. The Corporation may, if they think fit, from time to time Power to enter into any agreement for such a conveyance or lease on such terms make agree and conditions as they think fit, and on making a conveyance or lease as to « building in pursuance thereof may alter the amount of the rent agreed j). i, to be reserved, and may apportion the same and make separate to leases of any parts of the lands comprised in the agreement as they think fit, and may alter or rescind any such agreement, and the Corporation may accept any re-conveyance or the surrender of any lease for the purpose of making separate conveyances or leases of the same lands in parcels at apportioned rents, or another conveyance or lease of the same lands under different covenants, or otherwise, in all respects as they think fit.

328. The Corporation, as and when they think fit, and either Sale of land before or after any such conveyance or lease is granted, may sell and subject to dispose of any rent reserved or agreed to be reserved for any such building lands, and the reversion and inheritance in fee simple in possession !°***°* ** (subject to any such lease or agreement of or conceruing the lands) of such erections and buildings, except such as have been otherwise disposed of under this Act, either altogether or in parcels, by public auction or by private contract, for such price as the Corporation think reasonable, and subject to such stipulations and provisions for the enjoyment thereof, and as to the nature of the erections and buildings which are to be at all times erected thereon, and to such stipulations as to the title to be produced to the hereditaments sold, as the Corporation think fit; and the Corporation shall, at the request and expense of each purchaser, on payment of his purchase money, by deed convey and assure the lands purchased by him, with the erections and buildings thereon, and the appurtenances, to the purchaser, his heirs and assigns, or as he directs, free from incum- brances, except the building, conveyance, lease, or agreement of or concerning the same made under this Act,

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186 34 & 35 Vict. Huddersheld Improvement Ch. ch. Act 1871.

Sec.329-334 - 329. The Corporation, if they think it expedient, may from time Power to sei1 to time sell and dispose of, in manner hereinbefore directed, any such without pre. lands as aforesaid without having previously made or agreed to make vious grant any conveyance or lease thereof, and convey and assure the same to of building - the purchaser thereof for such price, and upon, under, and subject to lease. such covenants and agreements on the part of the purchaser with respect to the rate or class of the erections and buildings to be erected thereon, and the height, size, and elevations thereof, and the time and manner of erecting the same, and with respect to any other

matters, restrictions, and things relating thereto, as the Corporation think fit.

Sales to be 330. The Corporation shall, before or at any time within ten $351: {grin years after the completion of the park or street for the purposes "Med CCC whereof any lands are acquired, sell or dispose of and convey such parts of those lands as are not wanted for the purposes of the same park or street, or of any other park or street for the time being authorised to be made by the Corporation ; but nothing in the present section shall compel the Corporation to sell or dispose of rents reserved in any such conveyances or leases aforesaid.

Power to sell, 331. Subject to the other provisions of this Act, the Corporation &c. lands not may from time to time sell, lease, exchange, or otherwise dispose of wanted. any building or lands, or any parts thereof, vested in them at the commencement of this Act, or acquired by them under this Act and not wanted for the purposes thereof, and make, execute, and do any deed, act, or thing proper for effectuating any such sale, lease, exchange, or other disposition.

[This section is not to prevent the inclusion in a sale of land of the soil of a footway in a street adjoining, subject to the reservation of the public right of way : Act of 1880 s. 103.]

Application of 882. Any purchase money received on any sale of land, and any purchase money received for equality of exchange by the Corporation under money ofland. this Act, shall be distinguished as capital in the accounts of the Corporation, and shall be applied exclusively for purposes for which money borrowed under this Act is applicable, or in discharge of money so borrowed, and any money so discharged shall not be re-borrowed.

Lands in 3383. Except as to buildings or lands acquired by the Corporation certain cases under any Act repealed by this Act, or under the Public Health Acts, not to be sold or under this Act, nothing in this Act shall enable the Corporation to 2:25:11? °°"~ sell, alienate, encumber, or demise for the purposes of this Act, with- Treasury. out the approbation of the Commissioners of Her Majesty's Treasury signified in writing, any buildings or lands which they could not have sold, alienated, encumbered, or demised without such approbation before the commencement of this Act.

XXV.-BOROUTUGH FUND AND BOROUGH RATE.

Other pro- 334. From and after the commencement of this Act, the provisions visions as to of the Municipal Corporations Acts relative to the creation of a borough furd borough fund and to the levying of borough rates and watch rates, £21333?“ and the provisions of any Act authorising the levying of rates for the

purposes of baths and wash-houses, and bathing places, libraries, and

Page 103

34 & 85 Vict. Improvement Ch. cl.

Act 1871.

187

museums, schools of science and art, shall cease to apply to the Sec. 335-336

borough.

[Power to establish public libraries &c. given by s. 210 and to provide baths by s. 218 of this Act : see pages 150 and 151.]

38385. For the purposes of this Act there shall be a fund called Borough the borough fund, and with respect thereto the following provisions ""*

shall have effect (namely,) (1.) From and after the commencement of this Act there shall be

aid to the treasurer, and by him on receipt carried to the orough fund, all such rents and profits of land as are under this Act or otherwise for the time being receivable by the Corporation, or any member or officer thereof as such, and all money as belonging or payable to the Corporation, or any member or officer thereof as such (except money borrowed under the authority of this Act), including the following particulars ; (namely,)

All money in the hands of the treasurer on the borough or any district fund account at the commencement of this Act:

All money from time to time payable for new street or other expenses, purchase money of, consideration for, and fines on land sold, leased, exchanged, or disposed of by the Corporation under this Act, market, fair, and slaughter- house tolls, rents, and stallages, sums received by the Cor- poration for the sale or other disposal of sewage, and in respect of the burial ground, and of bath and wash-houses, fees for licenses, and fines and penalties inflicted under this Act or under the Municipal Corporations Acts (except as therein otherwise provided) :

But this enumeration of certain particulars shall not restrict the generality of the description before given in the present provision :

(2.) Out of the furd there shall be paid all the expenses of the

Corporation under the Municipal Corporations Acts and this Act, and the Acts relating to the burial ground, and

- otherwise :

(3.) In case the fund is at any time more than sufficient to pay

the expenses payable thereout, the surplus thereof shall be applied under the direction of the council for the public benefit of the inhabitants or improvement of the borough :

386. In case the borough fund is at any time insufficient to pay Power to levy the expenses payable thereout, the Council shall from time to time, borough rate. annually or oftener, as and when they think fit, estimate as correctly as may be the amount, in addition to the borough fund, which will be sufficient to pay those expenses, and shall raise the same by means of a rate called the borough rate; and accordingly such a rate the Corporation shall, annually or oftener, as and when they think fit, make, assess, and levy on the occupiers of all such kinds of property as by the laws in force for the time being are assessable to any rate for the relief of the poor according to the net annual value of such property ; and the Corporation may levy any such rate either in one

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188 84 & 35 Vict. Huddersfield Improvement Ch. ch. Act 1871.

Sec.337-341 sum or payment or by such number of instalments, of such amounts, and to be paid at such times, as they shall from time to time fix and determine at the time of making such rate; and in the case of a rate payable by instalments, the demand note shall, in addition to other requisite particulars, state the times appointed for payment of such instalments ; and all the powers and remedies of the Corporation for the recovery of rates shall extend and apply to each instalment as fully as if the same were a separate rate.

Distinct es- 337. The Corporation in estimating on each occasion the amount timates for - required to be raised by the borough rate shall distinguish what is sewers, &¢. - required for the following purposes; (namely,)

Sewer purposes : Burial ground purposes : Lodging-house purposes.

[See also ss. 296-7 of this Act, page 176.]

Separate 338. The Corporation shall keep separate accounts of receipts 390??? for and expenditure in respect of the several districts of the borough for all purposes for which the rates are not equal and uniform throughout the borough, and in those accounts shall debit each district with the expenditure made in and for the same, and shall credit each district with the receipts therefrom in respect of borough rate or otherwise.

Borough rate - 389. The Corporation in making from time to time the borough to vary rate shall have regard to the state of the separate accounts and according to expenses of the several districts aforesaid, and may vary according districts. thereto the rate and the amounts to be for the time being raised by borough rate in the several districts, but they may make the borough rate, or such proportion thereof as is applicable to highways, sewers, lighting, scavenging, or other general purposes, uniform over the whole borough, or over any two or more districts thereof; and from the time of any parts or proportions of borough rate being so made uniform the keeping of separate accounts for the several districts of the expenditure represented by the rate or proportion of rate so made uniform shall cease: Provided that the rate or proportion of rate for any purpose for which the rates are not uniform and equal throughout the borough at the commencement of this Act shall not be equalised or made uniform except by resolution passed by the votes of at least two thirds in number of the whole council.

Rates may be 340. The Corporation may make any rate prospectively in order prospective or to raise money to pay expenses to be incurred after the making of the retrospective. rate, or retrospectively in order to raise money to pay expenses incurred before the making of the rate, whether before or after the commencement of this Act, or partly prospectively and partly retrospectively.

Assessments - 341. Whenever and as far as the Corporation make a borough

for tithes, rate as follows ; (that is to say,) railways, &c.

in certain (1.) On the Improvement Act area described in the second schedule cases. to this Act for purposes other than the following; (namely), purposes of the Municipal Corporations Acts, and purposes mentioned in or authorised by the Improvement Act of 1848, and enactments incorporated therewith ;

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34 & 35 Vict. __ Huddersheld Improvement Ch. cl. 189 Act 1871.

(2.) On any other part of the borough for purposes other than Sec 342-344 the following; (namely,) highway purposes, police purposes, and purposes of the Municipal Corporations Acts ;

then and with respect to so much of the rate as is made on the respective parts of the borough aforesaid for purposes other than the purposes aforesaid, the owner of any tithes or tithe commutation rentcharge, and the occupier of any land used as arable, meadow, or pasture ground only, or as woodlands, market gardens, or nursery grounds, and the occupier of any land covered with water or used only as a canal or towing-path for the same, or as a railway constructed or used under the powers of any Act of Parliament for public traffic, shall be assessed in respect of the same in the proportion of one fourth part only of the net annual value thereof, or shall have the benefit of this partial exemption by means of a proportionate deduction or abatement from the amount assessed.

[Phese provisions embodied in subsequent Acts: Act of 1876 s. 1384; Act of 1880 s. 114 (except in respect of Tramways purposes) ; Act of 1882 s. 59; Improvement Act 1890 s. 42 ; Waterworks Act 1890 s. 51. This section not to apply to rate made for School Board purposes : Act of 1882 s. 58.]

342. The owner instead of the occupier of the property may Power to rate from time to time, at the option of the Corporation, be rated in the owner instead

following cases; (namely,) 2,5 gimpier in (1.) Where the rateable value of the property rated does not described.

exceed the sum of six pounds; (2.) Where buildings are let in separate apartments ;

(3.) Where the rents become payable or are collected at any shorter period than quarterly ;

(4.) Where the property rated is a mill, manufactory, machine shop, or other work wherein or in any part whereof steam power is supplied by the owner ; and where the owner is so rated he shall be entitled to a deduction of ten per centum on the amount of the rates when paid by him.

[Amended by Act of 1876 s. 120 in the following respects :- Owner not entitled to deduction unless he pay rate within one calendar month after demand. Owner may unless it is otherwise agreed, recover the rate from occupier. Owner of a mill, &c. supplying steam power to be deemed the occupier unless the Corporation otherwise order. As to extent to which occupier is liable in default of owner: see Act of 1876 s. 121.]

343. Subject to the other provisions of this Act, the net annual Value of value of all property rateable under this Act shall on every occasion property to of a rate being made be ascertained according to the then next pre. Peascertained

ceding assessment for the relief of the poor within the borough. ig‘tzgféfg to

344. The council may cause all or any of the books or assessments Power for of rates for the relief of the poor within the borough to be produced council, &c. before them or their proper officer at their office, and may cause a copy to inspect thereof, or of any part thereof, to be taken without payment, and if gait? rate any person in whose custody or power any such book or assessment is °~°**'

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34 & 85 Vict. Huddersfield Improvement Ch. cl. Act 1871.

Sec. 345-350 fails, when required, to attend the council therewith, or to permit the

Assessment to rates in case of unoccupied premises.

Apportion. ment of rates between out- going and incoming tenants, &c.

If poor rates considered an unfair criterion, a valuation to be made.

Power to valuer to enter and examine lands, &c. for purposes of valuation.

Form of rate.

Owner may be

council to cause to be taken a copy thereof, or of any part thereof, he shall be liable to a penalty not exceeding fifty pounds.

345. If at the time of making any borough rate any premises in respect of which the rate may be made are unoccupied such premises shall be included in the rate, but the rate shall not be charged on any person in respect of the same whilst they continue to be unoccupied, and if any such premises are afterwards occupied during any part of the period for which the rate was made, and before the same has been fully paid, the name of the incoming tenant shall be inserted in the rate, and thereupon so much of the rate as at the commencement of his tenancy is in proportion to the remainder of the said period shall be collected, recovered, and paid in the same mannerin all respects as if the premises had been occupied at the time when the rate was made ; but the exemption in this section of unoccupied premises shall not apply to that portion (if any) of any borough rate which is assessed in respect of sewers, and the owner of any unoccupied premises shall be liable to that portion of the rate.

346. If any owner or occupier assessed or liable to the borough rate ceases to be owner or occupier of the premises in respect whereof he is assessed or liable before the end of the period for which the rate was made, and before the same is fully paid, he shall be liable to pay only a part of the rate proportionate to the time during which he continues to be such owner or occupier ; and if any person afterwards becomes owner or occupier of the premises during part of the same period he shall pay a part of the rate proportionate to the time during which he continues to be such owner or occupier, and the same shall be recovered from him in the same manner as if he had been originally assessed or liable.

347. If at any time the rate for the relief of the poor is in the judgment of the Corporation an unfair criterion by which any rates under this Act should be made, they may cause a valuation to be made of all or any part of the rateable property within the borough by some competent person, and any rate under this Act shall, as to the property comprised in such valuation, be made upon such valuation.

348. For the purpose of every such valuation the person appointed for making the same, together with his assistants, may at all reasonable times until the same is completed enter, view, and examine, survey, and admeasure all and every part of the property to be valued, and do any act or thing necessary for making such valuation, but any valuation made previously to the appointment of such person, if tendered to him, and if in his judgment a just and true valuation, may be used by him.

349. Every borough rate made under the authority of this Act shall be fairly transcribed in a book, and shall be sealed with the common seal of the Corporation, and no allowance, publication, or other formality whatever other than such as is expressly prescribed by this Act shall be requisite to the validity of any such rate.

[See form of Rate Book : Fourth Schedule No. 8.] 350. Where the name of any owner liable to be so rated is not

rated without after diligent inquiry known to the officer of the Corporation by

stating his name.

whom the rate book is made, it shall be sufficient to rate such owner in the rate book as the owner of the property to be rated by the designation of " the owner," without stating his name.

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34 & 35 Vict. Huddersheld Improvement Ch. cu. 191 Act 1871.

351. Notice of every borough rate made under this Act having Sec.351-355 been made, and of the place where the rate is deposited, Sh@ll DG m y;o, of rate given by the Corporation by placard posted on or near the door Of to pe given. the town hall, and by advertisement in a newspaper published in the borough within seven days next after the rate is made, and in the case of a railway company notice in writing of the rate shall be delivered or sent by post addressed to the secretary of the company at their principal office or place of business, but it shall not be necessary in any case to prove that such notice has been given.

[See form of Notice of Rate: Fourth Schedule No. 9.]

352. Immediately after any borough rate is made the same shall Rate to be be open to the inspection of any person rated at all seasonable times, open to and any such person may take copies of or extracts from such rate ‘nipecmgfsfi without payment, and if the person having the custody of such rate '*°°P*"°* does not permit any person rated to take such copies or extracts he shall be liable to a penalty not exceeding five pounds.

353. The Corporation may from time to time amend any rate by Power to inserting therein the name of any person who ought to have been amend rates. rated, or who since the making thereof has become liable to be rated, or by striking out the name of any person who ought not to have been rated, or by increasing or reducing the sum at which any person is rated, or by making such other alterations therein as will make such rate conformable to this Act; and no such alterations shall be held to vitiate the rate or render it less operative, but any person shall have the same right to appeal from any such amendment as he would have had if the matter of amendment had appeared in the rate originally made, and with respect to him the amended rate shall be considered to have been made at the time when he received notice of the amendment ; and in the case of any person the amount of whose rate is increased by the amendment, or whose name is newly inserted as aforesaid, the rate shall not be payable by him until seven days after notice of the amendment given to him.

354. If any person thinks himself aggrieved by any rate on the Persons ground of inequality, unfairness, or incorrectness in the valuation of aggrieved by any rateable property included therein, he may, at any meeting of the inequality of council held at any time within six weeks after the publication of the rte} to rate, on giving six days notice to the Corporation, apply for relief to the council, and the council, if they think such person aggrieved, may give such relief as to them seems reasonable.

355. If any person fails to pay the amount due by him in respect Rates may be of any rate, the Corporation may recover the amount, with the costs recovered by and expenses, by proceeding in any court of competent jurisdiction, or 392°“ or any justice may, on the application of the Corporation, summon such person to appear before him or any other justice at the time to be mentioned in the summons, to show cause why the rate due from him should not be paid, and in case sufficient cause for the non-payment of such rate is not shown, the same, with such costs as to the justice seems reasonable, may be levied by distress, and such justice may issue his warrant accordingly ; provided that if sufficient distress cannot be found within the borough whereon to levy the said rate and costs, and it so appears upon oath before a justice of any other jurisdiction in which any goods or chattels of the defaulter may be, the last-mentioned justice shall endorse his signature upon the said warrant, and thereupon

Page 108

. 192 34 & 35 Vict. __ Huddersfield Improvement -Ch. cl. Act 1871.

§ec.356-361 the amount to be levied, or so much thereof as is unsatisfied, shall be levied off the last-mentioned goods and chattels as if the defaulter had been assessed in the last-mentioned county or jurisdiction.

[See regulations as to distress : s. 397 of this Act. See form of warrant of distress, Fourth Schedule No. 10. This section extended to all moneys due to the Corporation in respect of gas or water supply: Act of 1876 s. 123 ]

Rates made 356. When any rate is made for a particular period, and the for owner or occupier rated ceases to be the owner or occupier of the period to be - P . . P f apportioned. Property in respect whereof he is rated before the end of such period, he shall only be liable to pay the proportion of the rate for the time during which he continued owner or occupier; and if any other person becomes the owner or occupier of the property during any part of such period, such person shall only be liable to pay the proportion of the rate for the time during which he holds or occupies the property, and C{he same may be recovered from him as if he had been originally rated.

Recovery of 357. In case any person quits or is sbout to quit any rated rates from _ property before he has paid al rates due from him, and fails to pay the same on demand, the collector or any constable may, by warrant _ under the hand of a justice (which warrant a justice is hereby authorised and required to grant without issuing any previous sum- mons to such person, upon proof to his satisfaction of such removal or intended removal, or that there is reason to suspect the same), distrain the goods and chattels of such person, and sell the same, rendering the overplus (if any), after having deducted the reasonable expenses attending such distress and sale, together with the rates so due, to the owner of such goods and chattels upon demand.

[Extended to all moneys due to the Corporation in respect of gas or water supply : Act of 1876 s. 122.]

Reduction o _ 35g - The Corporation may, if they think fit, reduce or remit to

ission for . s - margf ° any person the payment of any rate on account of his poverty.

Rate books to - 359. The books of the Corporation shall be received as evidence be evidence. of rates made by the authority of this Act.

Produce of 360. All mofiey levied by means of the borough rate shall be ”mfg be _ paid to the treasurer, and shall be carried to and shall form part of to __ the borough fund, and shall be applied accordingly.

borough fund. XXVI-BORROWING POWERS.

Power to 361. The Corporation may from time to time, for defraying the borrow to expenses of the execution by them of this Act, in addition to any specified c ue - . amount. mortgage debts existing at the commencement of this Act, and charged on the borough fund or borough rates or on any fund or any rates of any district of the borough, or authorised by any Act relating to the borough or to any part thereof, borrow at interest on the security of the borough fund and borough rate any sums not exceeding in the whole one hundred and fifty thousand pounds, and may mortgage the borough fund and borough rate to secure repayment thereof, with interest, accordingly.

[As to borrowing under the Local Loans Act 1875: see Act of 1882 s. 54.]

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34 & 35 Vict. Huddersheld Improvement Ch. cl. 198 Act 1871.

362. Notwithstanding any limitation in this Act, and in addition Sec.362-369 to any sum specifically authorised to be borrowed under this Act, the Ganeral Corporation may from time to time borrow at interest on the security borrowing of the borough fund and borough rates so much money as they deem power. necessary for defraying the expenses of the execution by them of this Act, so that the money borrowed under this section do not at any time exceed in the whole the assessable value for one year of the property within the borough rateable to the borough rate, and may mortgage the borough fund and borough rate to secure repayment thereof, with interest, accordingly.

363. Nothing in this Act shall authorise the Corporation to Saving for borrow on the security or for purposes of their waterworks undertaking, fitfifworh or otherwise affect the Huddersfield Waterworks Act, 1869. Cb.

364. With respect to money for the time being borrowed by the P to Corporation for the purchase of lands for sewerage works or distri- zzuiitands bution of sewage, or for purposes connected therewith, the Corporation i may give those lands, or any of them, as the primary security for the money so borrowed.

365. Subject to the foregoing provisions, all borrowed money at Transfer to the commencement of this Act charged on the borough fund created P°0"&b fand. by the Municipal Corporations Acts and the borough rate thereunder, or .either of them, or on the funds or rates of the several districts of the borough, is hereby transferred to and charged on the borough fund and borough rate, and all mortgages issued before the commencement of this Act shall have effect accordingly.

366. The Corporation may from time to time call in, convert, or Payment of pay off with money borrowed under this Act all or any of the eilfitlflg mortgages and debts existing at the commencement of this Act, and °°*8°" charged on any fund or rate other than the borough fund or borough rate.

[Power to arrange with mortgagees and annuitants is given by s. 882 of this Act.]

367. The Public Works Loan Commissioners may advance to Power to k the Corporation on the security of the borough rate, without any Enblm Works . ober - oan Com- further security, such sums of money as those commissioners think fit; misgioners to to be applied by the Corporation in carrying into effect the purposes of lend money. this Act.

[This section does not apply to the borrowing of moneys under the later Acts: Act of 1876 s. 125.]

368. A person lending money to the Corporation shall not be Protection of bound or entitled to inquire as to the observance by them of any lenders from provision of this Act, or be bound to see to the application or be inquiry. answerable for any loss or non-application of such money, or of any part thereof.

369. If the Corporation pay off any part of any money borrowed Power to by them under this Act or under any former Act, and remaining re- borrow. unpaid at the commencement of this Act, otherwise than by means of a sinking fund, they may re-borrow the same, and so from time to time. > .

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84 & 35 Vict. Huddersfield Improvement Ch. ch. Act 1871.

370 All money borrowed under this Act shall be appropriated

Application of money borrowed.

Saving for existing charges.

Regulations as to mort. gages.

Transfers of mortgages.

to purposes for which it is authorised to be borrowed, and shall be expended exclusively on works or objects on which capital may properly be expended, and not in defraying the expenses of main- tenance of any works or other ordinary current expenses of or connected with any work or establishment.

371. Nothing in this Act shall prejudicially affect any charge on the corporate estates of the Corporation and the borough fund and borough rates, or any of them, or on any fund or rate of any district of the borough, by way of annuity, mortgage, or otherwise, subsisting at the commencement of this Act; and every annuitant, mortgagee, or incumbrancer or person for the time being entitled to the benefit of any such charge shall have the same priority of charge, and all the like rights and remedies in respect of the property subject to his charge, as if this Act had not been passed; and all such charges created before the commencement of this Act shall during the

sgbsistence thereof have priority over any mortgage granted under this Act.

3872. With respect to mortgages made under this Act, the follow- ing provisions shall have effect ; (namely,)

(1.) Every mortgage shall be by deed under the corporate seal of the Corporation :

[See Form of Mortgage : Fourth Schedule No 11.]

(2.) The mortgagees, and their respective representatives and assigns, shall in proportion to the sums secured be creditors on the property mortgaged to them respectively, equally one with another, without preference by reason of priority of date or otherwise :

(38.) A register of the mortgages shall be kept by the town clerk, and within fourteen days after the gate of each mortgage an entry of the number and date thereof, and of the names of the parties thereto, with their additions, shall be made in the register, which may be perused at all reasonable times by any person interested in any mortgage, without payment.

373. With respect to transfers of mortgages made under this Act, the following provisions shall take effect ; (namely,)

(1.) Any person entitled to a mortgage may transfer his interest therein to any other person by deed :

[See Form of Transfer of Mortgage: Fourth Schedule No. 12.]

(2.) Within thirty days after the date of every such deed of transfer it shall be produced to the town clerk, who shall cause an entry thereof to be made in a registry of transfers of mortgages, on payment of a sum not exceeding five shillings, and after such entry every such transfer shall entitle the transferee, his representatives and assigns, to the full benefit of the original mortgage in all respects (including the power of transfer), and any person having made such a transfer shall not have power to release or discharge the mortgage transferred, or any money thereby secured. *

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195

374. With respect to the repayment of money borrowed on See.874-375 mortgages made under this Act, the following provisions shall take effect; (namely,)

(1.) The Corporation may, if they think proper, fix a period for

(2.)

such repayment, and in that case they shall cause such period to be inserted in the mortgage, and on the expiration thereof the principal sum, with the interest accrued thereon, shall, on demand, be paid to the person entitled to receive the same, and if the place of payment is not inserted in the deed the payment shall be made at the town hall :

If a time is not fixed in the mortgage deed for such repayment;

the person entitled to receive such money may at any time after the expiration of twelve months from the date of such deed demand payment of the principal money thereby secured and interest, on giving six months previous notice for that purpose; and in the like case the Corporation may at any time pay off the money borrowed on giving the like notice, and every such notice shall be in writing or print, or partly in writing and partly in print, and if given by the Corporation shall be given personally to the person entitled as aforesaid, or left at his residence, or if he is unknown to the Corporation, or cannot be found after diligent inquiry, such notice shall be given by advertisement in the London Gazette :

(3.) If the Corporation give notice of their intention to pay off

any mortgage at a time when the same may be lawfull aid off by them, then at the expiration of such notice all urther interest shall cease to be payable thereon, unless on demand of payment made pursuant to such notice, or at any time thereafter, the Corporation fail to pay the principal and interest due at the expiration of notice:

(4.) In order to discharge the principal money borrowed or continued as a

(5.)

charge, or transferred under this Act, the Corporation shall every year, by the borrowing or the transfer thereof, appropriate out of the borough fund a sum equal to one fiftieth part of the amount originally borrowed on the security of that fund for a sinking fund, to be from time to time invested in the purchase of Exchequer bills or other Government securities, and to be increased by accumulation in the way of compound interest, or otherwise, until the same is of sufficient amount to pay off the principal debts or some part thereof which the Corporation think ought then to be paid off, at which time the same shall be so applied in paying off the same :

Whenever the Corporation are able to pay off one or more of the mortgages

payable, but are not able to pay off the whole of the same class, they shall decide by lot the order of payment among that class, and shall cause a notice, signed by the town clerk, to be given to the persons entitled to the money to be paid off according to such decision, and such notice shall express the principal sum proposed to be paid off, and that the same will be paid, together with the interest due thereon, at a place to be specified, at the expiration of six months from the date of sach notice.

[Subsections (4) and (5) of this section are repealed and replaced

by other provisions: Act of 1876 s. 129.]

Repayment of money borrowed on mortgage.

375. With respect to a receiver, the following provisions shall Power for take effect ; (namely,) (1.) If within thirty days after the interest accruing upon any

mortgage made under this Act has become payable, and

mortgagees to obtain a receiver.

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196

Sec.376-380

Accounts open to mortgageos.

Power to raise money by annuities.

Price of annuities.

Register, transfer, &c. of annuities.

Coupons for interest on mortgages.

34 & 85 Vict. Huddersfield Improvement Ch. cli. Act 1871.

after demand thereof in writing, the same is not paid, the mortgagee may (without prejudice to his right to sue for the same) require the appointment of a receiver :

(2.) If within six months after the principal money owing upon any such mortgage has become payable, and after demand thereof in writing, the same is not paid, with all interest due in respect thereof, the mortgagee (without prejudice to his right to sue for such principal money and interest) may, if his debt amounts to one tenth of the whole amount for the time being due on mortgages made under this Act, alone, or if his debt does not amount to the said one tenth, then in conjunction with other mortgagees whose debts being so in arrear after demand as aforesaid together with his amount to the said one tenth, require the appointment of a receiver : '

(8.) Every application for such a receiver shall be made to two justices, who may by order in writing, after hearing the parties, appoint some person to receive the whole or a competent part of the income producing the borough fund until such interest, or until such principal and interest (as the case may be), with all costs (including the charges of receiving the income), be fully paid, and thenceforth all such income, or such part thereof as the justices order, shall be paid to the receiver so appointed, and the money so paid shall be so much money received to the use of the person on whose behalf the receiver is appointed, and after such interests and costs, or such principal, interest, and costs, have been fully paid, the powers of the receiver shall cease.

376. The books of account of the Corporation shall be open at all reasonable times to the inspection of the mortgagees of the Corporation, with liberty to take extracts therefrom without payment.

377. The Corporation may, if they think fit, raise all or any part of the money borrowed under this Act by granting annuities, either for years, or for life or lives, or in perpetuity, and for that purpose the Corporation may, by deed under their common seal, grant annuities accordingly. ~

378. The price to be paid for any annuity under this Act shall not be less than the price payable at the time of the contract for the same for a like annuity from the Commissioners for the Reduction of the National Debt.

379. The provisions of this Act respecting the register, transfer, and register of transfers of mortgages shall apply to the register, transfer, and register of transfers of annuities under this Act.

380. The Corporation may from time to time, if they think fit, issue to holders of mortgages of the Corporation coupons for the interest from time to time to fall due on the respective mortgages, which coupons may be in such form as the Corporation from time to time think fit, so as every coupon do refer to the mortgage to which it relates, and do specify the amount and time of payment of one half year's interest to fall due on the principal money secured by the

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34 & 35 Vict. Huddersfield Improvement Ch. cu. 197 Act 1871.

mortgage, and be authenticated by the signatures of two persons Sec.381-382 thereunto expressly authorised by the Corporation (which authorisation shall be presumed until the contrary is shown).

3881. On presentation to the treasurer of any such coupon the Payment of treasurer shall pay to the person so presenting the coupon the amount °°"P°"*- of interest thereon expressed and appearing by the coupon to be then due and payable, and on the audit of the treasurer's accounts the coupon shall be accepted as a sufficient warrant for the payment by him of the amount for which the coupon was issued : Provided that the treasurer shall not be bound, unless he sees fit, to make any payment of interest beyond the amount of the money of the Corporation then in his hands, and applicable in that behalf.

382. The Corporation may from time to time, when and as they Power to

think fit, exercise,- __'_ Corporation

With respect to all and every part of the money which by the 2&3" £13,556.

former Acts relating to the borough, or any part thereof, and gagees and this Act, or any of them, the Corporation, or the Huddersfield annuitants. Improvement Commissioners, or any local board now merged in the council, have been or are authorised to borrow, and the interest thereon respectively ; and

With respect to all and every part of the money from time to time so borrowed, and the interest thereon respectively ; and

With respect to all and every of the grants of annuities, mortgages, and other charges and securities already or hereafter made or granted, and from time to time subsisting or having effect by virtue of those Acts and this Act, or any of them ; and

With respect to all and every of the principal money, interest, and annuities respectively secured by the grants, mortgages, charges, and securities, or any of them ;

all or any of the powers following ; (that is to say,)

They may pay or discharge, either in whole or in part, any principal sum, whether payable then or thereafter, and secured by mortgage or other charge or security, by any one or more of the ways and means following :

They may redeem, satisfy, or discharge, in whole or in part, an annuity, whether for years, or for life or lives, or perpetual, secured by grant or other charge or security, by any one or more of the ways and means following ; (that is to say,)

(1.) By the immediate payment of a gross sum :

(2.) By the future payment of a gross sum, with or without interest thereon :

(3.) By securing by mortgage or other charge or security the payment of a gross sum, with or without interest thereon :

(4.) By granting an annuity, either for years, or for life or lives, or in perpetuity : (5.) By securing by grant or other charge or security the payment of the annuity so granted :

And every such repayment, redemption, satisfaction, and discharge may be made on the terms and conditions and in the manner from time to

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198 34 & 85 Vict. Huddersfield Improvement Ch. ch. Act 1871.

Sec. 383-385 time agreed on between the Corporation and the other person interested.

[As to redemption of securities with money raised by Corporation stock or issue of stock in substitution therefor : see Act of 1882

s. 75.)

Consents to 383. Provided that, except as far as independently of this Act ”£2111?“ the Corporation are entitled to repay, redeem, satisfy, or discharge ° any principal sum, annuity, or other charge, or any part thereof respectively, they shall not exercise any of their powers under this Act of redeeming, satisfying, or discharging, either in whole or in part, any principal money, annuity, or other charge, except with the consent of the person entitled thereto.

Restrictionon - 384, Provided also, that the Corporation shall not under this Act redemption - pay for the redemption of the whole or any part of an annuity for of annuitie®: jifo op lives more than the sum then by law payable for the grant by the Commissioners for the Reduction of the National Debt of a like annuity of like amount as the annuity or part thereof to be redeemed, or for the redemption of the whole or any part of an annuity for years, or a perpetual annuity, more than a proportionate part of the amount of the original purchase money for the annuity.

WS.

Regulations 385. With respect to byelaws to be made by the Corporation as to byelaws. under this Act, the following provisions shall have effect ; (namely,)

(1.) Nothing in this Act shall authorise the Corporation to make any byelaws repugnant to law or to this Act :

(2.) All byelaws shall be reduced into writing, and be under the common seal of the Corporation : [Byelaws may be wholly or partially in print or in writing (including lithograph) : Act of 1876 s. 102.] (3.) The Corporation may by any byelaw impose penalties for offences against the same, not exceeding in respect of any offence five pounds, so that all byelaws be so framed as

to allow of part only of the maximum penalty being inflicted :

(4 ) Penalties under byelaws shall be recoverable as penalties under this Act are recoverable :

(5.) Any byelaw shall not take effect until it is allowed by one of Her Majesty's Principal Secretaries of State (who may allow or disallow the same as he thinks proper), and any such byelaw shall not be allowed unless notice of intention to apply for allowance of the same is given by advertisement in a newspaper published or generally circulating in the borough, and by placards posted at the town hall, not less thin one month before the making of such application ; and for one month at least before such application a copy of the proposed byelaw shall be kept at the town hall, and be open during office hours thereat to the inspection of the ratepayers of the borough without payment, and the town clerk shall furnish a copy thereof, or of any part thereof, to every ratepayer applying for the same, on payment of sixpence for every hundred words in such copy, or if the proposed

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199

byelaw has been printed by the Corporation, then at such Sec.386-387

reasonable price, not exceeding twopence for each copy, as the Corporation direct :

[Local Government Board substituted for Secretary of State: Act of 1876 s. 102.]

(6.) All byelaws when allowed shall be printed with the date at which they are made, and the town clerk shall keep a printed copy thereof at the town hall, and all persons may at all reasonable times inspect such copy without payment, and the Corporation shall cause to be delivered a printed copy, signed by the town clerk, of all byelaws for the time being in force to every person applying for the same, on payment by him of any sum not exceeding one shilling and sixpence for every such copy, and a printed copy, signed by the town clerk, of the byelaws for the time being in force relative to any particular subject to every person applying for the same, on payment by him of any sum not exceeding threepence for every such copy :

(7.) Proper extracts from the byelaws, painted or placed on boards, may be set up and kept exhibited in places to which such extracts relate, or in such conspicuous or suitable places as the Corporation think fit :

(8.) A printed copy of byelaws dated and purporting to be allowed as aforesaid, and to be signed by the town clerk, shall be prima facie evidence of the existence and of the due making and allowance of such byelaws, without proof of the signature of the town cleflyx.

886. Any byelaws made under any enactment repealed by this Existing bye. Act shall remain in force for six months after the commencement of laws con- this Act, if not sooner repealed by any byelaw made under this Act, gazed for a

but no longer.

XXVIII.~—~SETTLEMENT OF DISPUTES; ARBITRATION.

887. Where any compensation, damages, costs, charges, or Settlement expenses is or are by this Act directed to be paid, and the method of of disputes as ascertaining the amount there is not provided for, such amount shall, to compensa-

in case of dispute, be ascertained and determined by two justices not being members of the council, and such justices may take the advice of any surveyor or architect or other person skilled in the matter ; and where the mode of recovery for any compensation, damages, costs, charges, or expenses is not provided for, the same shall be recovered before two justices not being members of the council, and in either case any justice, upon the application of either party, may summon the other party and any witness to appear before two justices at a time and place to be named in such summons, and on the appearance of the parties, or in the absence of either of them, on proof of due service of the summons, such two justices shall hear and determine the matter, and shall award such sum and make such order as to the matter in dispute, or otherwise, as they think just; and if the amount awarded or ordered by them to be paid is not paid by the person liable to pay the same within fourteen days after demand, such amount may be recovered by distress and sale of the goods and chattels of such person, and such justices, or either of them, or any other justice, may issue his

oun,

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200

Mode of arbitration.

Appeal in cases of summary conviction against orders of justices, or against rates, &c.

84 & 35 Vict. Huddersfield Improvement Ch. cli.

Act 1871.

warrant accordingly, or the amount may be recovered in any court of competent jurisdiction.

388. Except as expressly otherwise provided in this Act, sections twenty-five to thirty-seven, inclusive, of the Lands Clauses Con- solidation Act, 1845, shall apply for the determination of any question directed by this Act to be determined by arbitration.

XXIX.-QUARTER SESSIONS.

389. In any of the following cases ; (namely,)

(1.) Where on any summary conviction or adjudication under this Act in respect of any offence punishable by pecuniary penalty, or by imprisonment, the penalty adjudged to be paid (inclusive of any costs) exceeds three pounds, or the term of imprisonment adjudged exceeds one month, or the conviction or adjudication is had before or made by one justice only ; (2.) Where any adjudication under this Act, other than such an ' _ adjudication as aforesaid, or any order or determination under this Act is made by any justice or justices, or any order or determination is made by the council ;

(38.) Where any rate is made by the council, but in cases where application for relief is authorised to be made to the council, then only after such application ;

any person who thinks himself aggrieved by such conviction, adjudication, order, or determination, or by any rate or anything included in or omitted from any rate, or by any refusal on the part of the council to give relief in respect of any rate, as in Part XXV. of this Act provided, may appeal to the next court of quarter sessions holden not less than twenty-one days after the day whereon such conviction, adjudication, order, determination, or rate is made, subject and according to the following provisions ; (that is to say),

(1.) Within seven days after the last-mentioned day, and twelve clear days at least before such sessions, the appellant may give notice in writing of the appeal, and of the matter and ground thereof, to the complainant or the party in whose favour the adjudication, order, or determination is made, or whose interest is immediately affected thereby (as the case may be), and also in case of an appeal against a rate to the council :

(2.) Within three days after giving such notice the appellant may enter into a recognizance, with two sufficient sureties, before a justice, in such sum as the justice thinks fit, con- ditioned to try the appeal, and abide the judgment of the court thereon, and ping any costs awarded by the court, and in case he is in custody to appear personally at the sessions ; or, (3) Where the appeal is against a conviction imposing only a pecuniary penalty, or against an adjudication for the pay- ment of money, the appellant may deposit with the clerk of the justice before or by whom the conviction or adjudication is had or made such sum of money as the justice thinks sufficient to cover the amount of the penalty or money

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84 & 385 Vict. Huddersfield Improvement Ch. cli. Act 1871.

adjudged to be paid, with the costs of the conviction or adjudication of the appeal :

(4.) On such notice being given, and such recognizance being entered into, or such deposit being made, the appellant shall be liberated if in custody :

(5.) The court of quarter sessions, on proof of such notice and recognizance or deposit, shall in a summary way hear and determine the appeal, or else shall (if they think fit) adjourn the hearing thereof to a subsequent session :

(6.) The court by their order on the appeal may affirm or quash the conviction, adjudication, order, or determination appealed against, or may mitigate any forfeiture or penalty, or may order any money paid or levied to be returned, or may dismiss the appeal, or make such other order therein, with or without costs to either party, as seems just, and may (if necessary) issue process for enforcing their judgment :

(7.) Where any such deposit as aforesaid is made and the conviction or adjudication is affirmed, or the appeal is dismissed, the court may order the amount of the penalty or other money adjudged to be paid, together with the costs of the con- viction or adjudication, and of the appeal, to be paid out of the deposit, and the residue thereof, if any, to be returned to the appellant, and in any other case shall order the deposit to be returned to the appellant :

(8.) Where on appeal a conviction is quashed the proper officer shall forthwith endorse on the conviction a memorandum that it has been so quashed, and wherever any copy or certificate of such conviction is made, a copy of the memo- randum shall be added thereto, which shall be sufficient evidence of the conviction having been quashed in all cases where a copy or certificate would be sufficient evidence of the conviction :

(9.) In an appeal against a rate the court by their order may affirm the rate, or may amend the rate, or may give relief to any person rated by inserting therein or striking out therefrom any name or altering any sum therein without quashing the rate, or may quash the rate and order a new rate to be made; and in any such appeal the court shall have the like power of awarding costs to be paid by or to any party, and of compelling payment thereof, as they for the time being have for awarding and compelling payment of costs in an appeal against a rate for the relief of the poor :

(10.) It shall not be requisite for a railway company, being an appellant, to enter into any recognizance or to make any deposit of money unless required so to do in writing under the hand of the town clerk delivered or sent by post as herein-before provided :

The provisions of this section shall apply to the Corporation when they think themselves aggrieved by any such conviction, adjudication, order, or determination, and shall apply to the Corporation when appellants, save only that it shall not be requisite for tfie Corporation to enter into any recognizance or make any deposit of money.

201

Sec. 389

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202

Sec.390-395

Provisions of 11 & 12 Vict. c. 48. appli- cable to this Act.

Punishment of abettors, &e.

Penalties on repetition of offences.

Proceedings when offender re- fuses to state his name.

Evidence of previous conviction.

Damages and charges in cases of dis- pute to be settled by justices.

34 & 35 Vict. Huddersheld Improvement Ch. cli. Act 1871.

XXX. -GENERAL.

390. Except as by this Act provided, all the provisions of the Act of the session of the eleventh and twelfth years of Her Majesty (chapter forty-three), " to facilitate the performance of the duties of " the justices of the peace out of sessions within England and Wales " with respect to summary convictions and orders," and of any Act for the time being in force amending or substituted for the same, relating to proceedings for the recovery of penalties by summary conviction, and to appeals against such convictions, and the levying and enforcing of penalties, and all subsequent proceedings which may be taken on nonpayment thereof, or in default of distress, including the commitment to prison of the defaulter, and enforcing payment of sums of money orcflared or awarded to be paid by justices, and the costs of such proceedings, shall be applied and put in force in relation to the penalties by this Act imposed.

391. Where the doing of any act or thing is made punishable by this Act, or by any byelaw thereunder, the causing, procuring, aiding, or abetting such act or thing to be done shall be punishable in like manner if the nature of the case permits, and if an intention to the contrary does not appear in this Act.

392. When by this Act any pecuniary penalty or other punish- ment is imposed in respect of any offence described in this Act, then and in every such case, if the nature of the case permits, and if an intention to the contrary does not appear in this Act, such penalty or punishment may be inflicted for every repetition of such offence.

393. If any person charged with any offence against this Act, or any byelaw thereunder, refuses to disclose his name, all the necessary proceedings may be had and carried on against him for the recovery of any penalty, forfeiture, or damage imposed or incurred, by the description of his person, and of the offence committed, without stating his name, or if one only of his names is known, all such necessary proceedings may be had and carried on against him by such name only.

394. The justice before whom any person is convicted of any offence may transmit the conviction to the next court of quarter sessions, there to be kept by the proper officer among the records of the court, and on the prosecution of any person for any subsequent offence, a copy of such conviction, certified by the proper officer of the court, or proved to be a true copy, shall be sufficient evidence to prove a conviction for the former offence, and such conviction shall be presumed not to have been quashed on appeal until the contrary is shown ; and for purposes of this Act justices in the borough shall take judicial cognizance of entries in books kept in the borough of con- victions and other matters relative to summary proceedings before justices under this Act.

395. Where any damages or charges are directed or authorised to be paid or recovered, in addition to any penalty for any offence in this Act mentioned, the amount of such damages or charges, in case of dispute respecting the same, may be settled and determined by the justice before whom any offender is convicted, and may be levied by distress.

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396. Nothing in this Act shall protect any person from being Sec.396-401 procéeded against by way of indictment in respect of any matter DY gaying for this Act made punishable on summary proceedings, or shall relieve indictments, any person in respect of any such matter from any penal or other &c. consequence to which he would have been liable if such matter had not been made punishable by this Act.

397. With respect to distress, the following provisions shall have Regulation as effect: (namely,) to distress.

(1.) Any number of names and sums may be included in any warrant of distress obtained by the Corporation for any of the purposes of this Act, and may be stated either in the body of the warrant or in a schedule thereto, and any such distress may be for a balance remaining unpaid or for an agreed instalment due:

[See form of warrant of distress: Fourth Schedule No. 10.]

(2.) Any justice who issues a warrant of distress may order that the costs of the proceedings for the recovery of the sum or sums for which the distress is ordered be paid by the person or persons liable to pay such sum or sums, and such costs shall be ascertained, and where there are more persons than one shall be apportioned, by the justice, and shall be included in the warrant of distress for the recovery of such sum or sums :

(3.) Every constable shall, upon being required by a collector or other officer of the Corporation, aid in making a distress or sale pursuant to any such warrant, and in default of so doing shall be liable to a penalty not exceeding five pounds :

(4.) Any distress under this Act shall not be deemed unlawful, nor shall the party making the same be deemed a trespasser on the ground of any defect or want of form in the summons, conviction, warrant of distress, or other pro- ceeding relating thereto, nor shall such party be deemed a trespasser, ab initio, on account of any subsequent irregularity in the prosecuting of such distress.

398. Any number of names and sums may be included in any Contents of summons obtained by the Corporation for any of the purposes of this summons. Act, and may be stated either in the body of the summons or in a schedule thereto, and any such summons may be for a balance remaining unpaid or for an agreed instalment due.

399. The Corporation may direct any prosgcution or proceeding Power to against any person for any offence against this Act or any matter order pro- arising under this Act. secutions, &c.

400. All penalties recovered summarily under this Act by the Application Corporation shall go to the borough fund, but nothing in this Act of penalties shall alter the application of penalties or forfeitures to the police !n certain superannuation fund, as provided by the Act of the session of the °**°* twenty-second and twenty-third years of Her Majesty, chapter thirty-two, or of fines and penalties made payable to Her Majesty.

401. Where any penalty or forfeiture is inflicted on the Cor- Application poration, the amount thereof shall (except where otherwise provided of penalties

. . « . +_ inflicted on or ordered by the justice or justices before whom the same is Corporation

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Sec. 402-407

Proceedings not to be quashed for want of form, or removed by certiorari.

Validity of warrants of commitment.

Justices, &c. not disquali- fied from acting.

Persons entering into contracts with Corpora. tion not disqualified as membere of Corporation.

Validity of meetings of council, &c.

Continuance of and power to appoint officers and servants.

84 & 85 Vict. Huddersfield Improvement Ch. cl. , Act 1871. ~

recovered) be paid to the overseers of the poor of the township of Huddersfield, to be applied in aid of the poor rate of that township.

402. Any order, verdict, rate, assessment, judgment, conviction, or any proceeding touching or concerning any offence against this Act, or against any byelaw thereunder, shall not be quashed or vacated for want of form only, or be removable by certiorari or otherwise into any of the superior courts. -

403. A warrant of commitment on any conviction shall not be held void by reason of any defect therein, if it is therein alleged that the person therein named has been convicted and there is a good conviction to sustain the same.

404. Except as expressly otherwise provided, any person shall not be disqualified or disabled to act as justice of the peace, coroner, juror, or otherwise, in any matter arising under or in relation to this Act, by reason of his being a ratepayer in the borough, or liable to any payments under this Act, or a member of the council or any committee thereof.

405. Any person entering into any contract with the Corporation for a supply to him of water, or for any work to be done for or meter or aipparatug to be furnished to him for the purposes of such supply, or for a water meter, or for a sale or lease of lands, or a loan of money to the Corporation, or for the supply by him of gas to the public lamps in any district, division, or part of the borough, or for the execution by him of any works, or for the supply by him of any articles not exceeding in cost to the Corporation one hundred pounds in any one year, or being a shareholder or partner or interested in any newspaper in which notices or other documents of the Corporation are published, or in any gas or water company supplying gas or water to the Corporation, shall not thereby be disabled from being, continuing, or acting as mayor, alderman, or councillor of the borough, or as an officer or servant of the Corporation, or incur any penalty by reason of such contract, or of his being such a shareholder or partner or so interested, or of his being, continuing, or acting as such mayor, alderman, councillor, officer, or servant ; but the mayor or any alderman or councillor concerned, by himself or any partner, in any such contract, or being such a shareholder or partner, or so interested, shall not take part in any vote, proceeding, or discussion in the council relative to such contract, undertaking, or company.

406. Until the contrary is proved every meeting of the council, or of any committee of the council, shall be deemed to have been duly convened and held, and all members attending such meeting shall be deemed to have been duly qualified.

407. All the officers and servants of the Corporation in office at the commencement of this Act, and employed in the execution of any Act which this Act repeals or makes to cease to apply to the borough, shall continue to be the officers and servants of the Corpo- ration according to the nature and tenure of their appointments and employments respectively, and the Corporation may from time to time appoint such officers and servants for the execution of this Act, and take such security for the performance of their duties, as the Corporation think proper (including, if the Corporation think fit, in lieu of or in addition to any other security the security of any

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34 & 85 Vict. Huddersfield Improvement Ch. cL. 205 Act 1871.

guarantee society established by charter or Act of Parliament, with Sec.408-412 power to the Corporation, if they think fit, to pay auy premium or other money requisite for keeping up any such security), and the Corporation may from time to time, subject to the nature and tenure of their respective appointments and employments, remove or suspend any of them, as the Corporation see occasion, and pay and make such salaries, wages, and other allowances to them and to an person assisting the Corporation in the execution of this Act, as the Corporation deem reasonable, and, mutatis mutandis, all such officers and servants shall be accountable to the Corporation, and the Corporation shall have the like remedies against them in relation to accounts, vouchers, bills, payments, books, papers, and writings as if they had been appointed by virtue and for the purposes of the Municipal Corporations Acts.

408. If any such officer or servant demands or takes on account Penalty on of anything done by virtue of his office, or for forbearing to do officer or anything that ought to be so done, or on any other account relative servanttaking to his duty, any fee or reward whatsoever other than the salary or Mnauthorised allowances allowed by the Corporation, or is in anywise concerned or ° interested in any bargain or contract made by the Corporation, he shall be liable to a penalty not exceeding fifty pounds, and shall from and after conviction be incapable of being employed by the Corporation in any capacity.

409. The provisions of the Municipal Corporations Acts relative Accounts of to the keeping of accounts, and to the accounts kept of sums of receipts, &c. money received and paid under those Acts, and to the auditing thereof, shall extend and apply to the keeping of accounts, and to the accounts kept of sums of money received and paid under this Act, and to the auditing thereof.

410. The Corporation from time to time may contract with any Power to person for performing or doing any of the works or things by this Act contract for authorised, and all such contracts shall be in writing, sealed with W°'** the common seal of the Corporation, and signed by the person contracting, and shall specify the works and things so to be done, and the prices at and the times within which they are to be done, and the Corporation may take such bond or other security from every contractor for the due performance of his contract as they think sufficient. ,

411. The Corporation may from time to time compound with Power to any person having entered into any contract with the Corporation compound under this Act for any penalty contained in such contract, or in any with con. bond or other security for the performance thereof, or on account of t*2¢t*** any breach or non-performance of such contract, bond, or security, for such sum of money or other recompense as the Corporation think proper.

412. If any person obstructs, assaults, hinders, or molests any Penalty for member of the council, or any officer or servant of the Corporation obstructing acting under this Act, or any byelaw thereunder, in the execution of persons em- his duty, or in the execution of any of the powers, authorities, works, P°Yed in matters, or things to be exercised or done under this Act or any such of byelaw, he shall be liable to a penalty not exceeding five pounds. '

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206 84 & 35 Vict. Huddersfield Improvement Ch. cli. Act 1871.

413. If any person destroys, pulls down, injures, or defaces any Penalty on placard or notice, or any burgess list or list of voters, or of claims or pulling down Objections, issued and put up by or under the direction of the Cor- notice boards. poration or of the town clerk, or any board provided by the Corporation on which any byelaw or part of a byelaw of the Corporation is painted or placed, he shall be liable to a penalty not exceeding five pounds.

Penalty on 414. If any workman, labourer, servant, or other person employed workmen, &c. in or about any street, building, or other work, without the privity or consent of the owner or person causing such work to be done, and without reasonable cause (proof whereof shall lie on him), wilfully and knowingly does anything in or about the same in contravention of the provisions of this Act, he shall for every such offence be liable to a penalty not exceeding fifty shillings.

Damage by 415. If any street or other property belonging to or under the mining works. management of the Corporation is injured by or in consequence of any mining works commenced after the passing of this Act, whether in operation or abandoned, the Corporation may repair or replace the street or other property injured, and all damages and expenses of or arising from such injury, and such repair or replacement, shall be paid to the Corporation by the lessee or tenant or other person in possession of the mine or works if the same are in operation, or by the owner thereof if the same are abandoned, and may be recovered by the Corporation in any court of competent jurisdiction; and for the purposes of this section the Corporation shall in respect of any public street be deemed the owners of the land in and upon which the street has been made.

Penalty on 416. If on request made on behalf of the Corporation the occupier occupier of any property refuses or wilfully omits to disclose or refusing to f wilfully mis-states the name of the owner of such property, or the ggzgf‘me °" owner the name of the occupier thereof, any justice may summon such occupier or owner to appear at the time and place mentioned in such summons before such justice, or before some other justice, and if such occupier or owner refuses or neglects to attend at the time and place mentioned in the summons, or if he attends and does not show good cause or excuse to the justice for his refusal, omission, or mis-state- ment, such justice may, on proof (in case of the neglect or refusal to attend as aforesaid) of the due service of the summons, or on such attendance, impose a penalty upon such occupier or owner not exceeding five pounds.

Form and 417. Any instrument (including a notice, order, resolution, service, &c. of declaration, requisition, consent, approval, disapproval, demand, or 3221093 57 _ other document) made, given, delivered, or served under this or any poration. ; + . f . other Act, or any byelaw by the Corporation, may be either in print or in writing (including lithograph), or partly in print and partly in writing (including lithograph), and shall be sufficiently authenticated by the name of the town clerk or of the surveyor or other proper officer (according to the subject of the particular instrument) bein affixed thereto in print or writing, or by a stamp on behalf of the Corporation; and it shall be sufficient in all cases, except where by this Act otherwise expressly provided, where any such instrument is required to be given to or served on the owner or occupier of any property, to address it to such owner or occupier by his description as owner or occupier (as the case may be) of the premises (naming them) in respect of which it is given or served, without further name

Page 123

34 & 35 Vict. Improvement Ch. ch. 207 Act 1871.

or description ; and any such instrument may be addressed to owners Sec.418-423 or occupiers of any number of adjoining or neighbouring houses or buildings collectively, and when so addressed may be served on more owners or occupiers than one (so that separate copies be served on the respective owners and occupiers of the several houses or buildings concerned); and any such instrument may be served on any owner, occupier, or other person either personally or by sending the same through the post in a registered letter addressed to him by name at his last-known place of abode or business, or by delivering the same to some inmate at his last-known or usual place of abode or business, or in case of an occupier to any inmate of the building in respect of which it is given or served, or if the building is unoccupied, and the place of abode of the person to be served, is after diligent inquiry unknown, it shall be sufficient to affix it, or a copy thereof, upon some conspicuous part of such building.

[Extended to all documents of the Corporation : Act of 1880 s. 84.]

418. Any notice to or demand on the Corporation under this Act Service of may be served on the Corporation by being delivered to the town 15°th on clerk, or by being sent through the post in a registered letter directed orporation to the town clerk, in which latter case service shall be deemed to be effected on the Corporation on the day on which such letter would be delivered in the ordinary course of post.

419. Where by this Act it is required that any notice or other Hours for instrument be left at the office of the town clerk or surveyor, the notices, &c. same shall be left there within the office hours prescribed by byelaw to be observed thereat, and in the absence of express provision in this. Act the Corporation may from time to time by byelaw direct the delivery of notices and other instruments required by this Act to particular officers of the Corporation, and appoint the times and places of such delivery.

420. All plans and other documents which in pursuance of this Plans to be Act, or of any byelaw made thereunder, are left at the office of the Property of Corporation, or delivered to any officer of the Corporation, shall, on Corporation. being so left or delivered, become and shall continue and be the property of the Corporation.

421. In case of the death of any officer or servant of the Books and Corporation, or of his becoming bankrupt before he has delivered up of all books, papers, writings, and other things concerning his office or gfirggartafing employment, or relating to the execution of this Act, no interest officers, &c. whatever in such books, papers, writings, and things, or any of them - shall pass to or vest in his representatives or assignees, as the case may be.

422. If any person against whom the Corporation have any Proof of debt claim or demand becomes bankrupt, the town clerk in all proceedings in bankruptcy in relation to the estate of such bankrupt may represent the Corpo- ration, and act in their behalf in all respects as if such claim or demand had been the claim or demand of the town clerk, and not of the

Corporation. Plaintiff not 423. A plaintiff shall not recover in any action to be commenced ®9. against the Corporation, or any officer of the Corporation or other 333313 person aiding or assisting them or him, for anything done or intended after tender

to be done in pursuance or under the authority of this Act, if tender of amends,

Page 124

208

34 & 35 Vict. Huddersheld Improvement Ch. cl. Act 1871.

Sec.424-425 of sufficient amends has been made to him or to his attorney by or on

Forms in schedule authorised.

Savings from effect of repeals, &c.

behalf of the defendant before the commencing of such action ; and in case no such tender has been made the defendant in any such action may, by leave of the court after action brought, at any time before issue joined, pay into court such sum of money as he thinks fit, where- upon such proceeding, order, and judgment shall be had, made, and given in and by such court as in actions where the defendant is allowed to pay money into court.

[See the Public Authorities Protection Act 1898, 55 & 56 Vict. cap. 61.]

424, The forms given in the fourth schedule to this Act may be used for or in respect of the purposes therein indicated, with such variations and additions as circumstances may require.

425. Notwithstanding any repeal or other thing in this Act contained, -

(1.) The Corporation shall continue and be seised, possessed of, and entitled to all rights, interests, and property of or to which they are at the commencement of this Act seised, possessed, or entitled, as if this Act had not been passed :

(2.) All acts, works, matters, and things before the commencement of this Act done or commenced under the powers and authorities of the Acts by this Act wholly or partially repealed or made to cease to apply to the borough, or any of them, or under any other Act or authority, and which are at the commencement of this Act good, valid, and available or in progress, and all conveyances, leases, mort- gages, bonds, covenants, deeds, instruments, contracts, agreements, obligations, rights, and remedies at the com- mencement of this Act existing under the same, shall be and continue as good, valid, and available for all purposes, and for and against all parties, and may be continued and completed, as if this Act had not been passed :

(3.) All actions, suits, prosecutions, or other proceedings by or against the Corporation by reason of any matter or thing done before the commencement of this Act in execution of or in relation to the said Acts, or any of them, or the said resolution, may be continued, commenced, or prosecuted by or against the Corporation as if this Act had not been passed :

(4.) All mortgages and other securities granted under any Act repealed by this Act may be transferred as if this Act had not been passed, and the form of transfer given in the fourth schedule to this Act may be used for that purpose, with such variations as circumstances may require :

[The form of Transfer of Mortgage is in the Fourth Schedule No. 12.]

(5.) All rates and rents at the commencement of this Act due or accruing due to the Corporation may from and after the commencement of this Act be collected and recovered by the Corporation as if this Act had not been passed :

(6.) All books and documents shall be receivable in evidence as if this Act had not been passed :

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84 & 35 Vict. Huddersheld Improvement Ch. cli. 209 Act 1871.

And any repeal by this Act of any enactment shall not affect the Sec 426-429 past operation of the enactment repealed, or any right, title, - obligation, or liability acquired or accrued thereunder before the g £15813 commencement of this Act. + cheduie.

426. Nothing in this Act contained shall be held or construed Saving the to take away, alter, prejudice, or affect any of the rights, privileges, Tights of the powers, or authorities of the Huddersfield Gas Company under or gadgerSfield by virtue of an Act passed in the session of Parliament held in the as twenty-fourth year of the reign of Her Majesty Queen Victoria, chapter fifty-six, intituled " The Huddersfield Gas Act, 1861."

427. Except in this Act expressly otherwise provided, nothing Saving for in this Act shall take away or abridge any right, power, authority, 393m“ rights privilege, exemption, or benefit which the Corporation have or may & e - . . of Corpora- enjoy under the Municipal Corporations Acts, or otherwise, inde- tion. pendently of this Act.

428. The Corporation shall cause copies of this Act, with an Copies of Act index to the contents thereof in each copy, to be printed, and to be with index to at all times after the expiration of one month from the commencement be kept and of this Act kept in the office of the town clerk open to inspection of any person on payment of a fee not exceeding one shilling, and to be at all times as aforesaid sold at that office to all persons applying for the same at a price not exceeding two shillings and sixpence ; and if at any time the Corporation fail to comply with the requisitions of this section they shall be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding one pound for every day during which such failure continues after notice thereof given to them. 429. All the costs, charges, and expenses preliminary to, and of Expenses of and incidental to the preparing, applying for, obtaining, and passing 4%» of this Act, shall be paid by the Corporation out of any money now in their hands or to be received by them under this Act.

SCHEDULES REFERRED TO IN THE FOREGOING ACT.

THE FIRST SCHEDULE. [See see. 5 of this Act, page 102.]

PART I. EnacruEnts REPEALED. The Huddersfield Improvement Act, 1848. Sections three and four of the Local Government Supplemental Act, 1869.

[See that Act, page 70.]

PART II. To CEASE TO APPLY to Borovex. [See also s. 334 of this Act, p. 186.] The Public Health Act, 1848. The Public Health Supplemental Act, 1849. The First Public Health Supplemental Act, 1852. The Local Government Act, 1858 (except section 50). 23 & 24 Vict. c. 64, An Act to make further provision for the expenses of local boards of health and improvement commissioners acting as burial boards. Local Government Act (1858) Amendment Act, 1861. The Local Government Act Amendment Act, 1863.

Page 126

210 34 & 385 Vict. Huddersfield Improvement Ch. cli. Act 1871. Second Schedule THE SECOND SCHEDULE. Districts or Borovex. Name. Description. Wards.

1. Improvement

Act area.

2. Marsh district

3. Fartown district

4, Dalton district

5. Bradley district

Cs

. Deighton district

The area to which the Im- provement Act of 1848 extended, (namely), so much of hamlets of Huddersfield, - Bradley, Deighton - with - Sheep- ridge, Fartown, and Marsh-with-Paddock, in the township of Hud- dersfield, as are within 1,200 yards in every direction from the spot where the old market cross formerly stood in the centre of the market place in Huddersfield.

Former - Marsh - Local Board district, (namely,) so much of hamlet of Marsh, otherwise Marsh- with- Paddock, in town- ship of Huddersfield as is not within Improve- ment Act area.

So much of hamlet of Fartown in same town- ship as is not within Improvement Act area.

So much of township of Dalton as is not in Mold Green district.

Former Bradley - Local Board district, (namely,) hamlet of Bradley in township of Huddersfield.

Former Deighton Local |

Board district, (namely,) hamlet of Deighton, other- ridge, in same township.

North, east, south, west, and central wards

Marsh ward

Fartown ward

Dalton, Bradley, - - and Deighton ward

\

Page 127

84 & 35 Vict. Huddersfield Improvement Ch. ck. 211

Act 1871. The Second Schedule-cortinued. Second and Third Schedules. Name. Description. Wards. 7. Mold Green dis- [Former Mold Green Local | Mold Green ward trict district, (namely,) part of township of Dalton, and part of township of Almondbury. 8. Lockwood dis- | Former Lockwood Local | Lockwood ward trict _ =~ Board district, (namely,) township of Lockwood, and detached parts of township of South Cros- land. 9. Almondbury dis-| Former Almondbury Local |) trict Board district, (namely,) so much of the township of Almondbury as is not in Mold Green district, or in Newsome district. | |>Almondbury and Newsome ward. 10. Newsomedistrict Former Newsome Local Board district, (namely,) part of township of Almondbury. , 11. Lindley-cum- Former _- Lindley -cum- | Lindley-cum- Quarmby dis- Quarmby Local Board | Quarmby ward trict district, (namely,) town- ship of Lindley - cum- Quarmby. [The Township of Longwood to be a district of the borough for the purposes of this Act as if it had been described in this Schedule: Longwood Order 1890, Article XX (2.) THE THIRD SCHEDULE. [See s. 195 of this Act page 144.] Rreviationrs as to Lopene HorsEs. I. The number of persons who may occupy a room for sleeping in R shall be determined by the cubical contents of the room in the manner $612???”

following :-If the room be used only as a sleeping room, there shall rooms. not be more than one person (the term "person" to include man, woman, or child), to every three hundred cubical feet of air contained in such room. If the room be used both as a sleeping room and a day room, then there shall not be more than one person to every six

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212 34 & 35 Vict. Huddersfield Improvement Ch. ch. Act 1871.

Third - hundred cubical feet of air contained in such room ; and no room the Schedule: ceiling of which is less than two feet above the level sf the footpath or R roadway immediately adjoining, and no room used as a kitchen or Siitfg‘gg‘fgzg scullerg, and no royom 3not: ligghted and ventilated directly from the as sleeping - exterior, and no room in the roof of the house not furnished with an rooms. open fireplace or flue for ventilating, shall be permitted to be occupied as a sleeping room unless it be specially certified by a legally qualified medical practitioner, or one of the inspectors of lodging houses of the borough, as in his opinion fit to be so occupied without danger to the health of the occupants.

Houses to be - II. Every houseor part of ahousewhich is let in lodgings, or occupied registered. _ by members of more Sum one family, shall, if required by the Corpora- tion by a notice in writing served by their inspector, be distinguished by a number to be placed above the principal entrance thereto, to the satisfaction of the inspector, and shall be registered by such inspector in a book to be kept for that purpose in the form appended to these regulations, specifying the name of the occupier, the name of the owner, and the number and cubical contents of the air-space of each room within such house or part of a house, and it shall be incumbent upon the said occupier to keep a certificate of such registration as aforesaid (under the hand of the inspector, who is required to furnish such certificate), which certificate shall specify the number and date of such registration, with the contents of the air-space of such rooms, and shall be produced, on demand, to such inspector or his deputy, or any person authorised by the Corporation.

Inspection of _ 111, The lodging-house inspectors, or any one or more of them, or houses. + . such other persons as may be specially appointed for the purpose by the Corporation, may, between the hours o? six o'clock in the morning and ten o'clock in the evening, enter and inspect any house or part of a house which is let in lodgings, or occupied by members of more than one family for the purpose of ascertaining the state and condition thereof, and whether these regulations are observed and kept, or other- wise, and may further enter into such house or part of a house at any other time with the order of any magistrate having jurisdiction within the borough, which order the magistrate is authorised to give upon information being laid before him by the inspector that he, the inspec- tor, suspects that some one or more of the regulations herein contained is or are contravened in or about such house or part thereof.

Obstruction IV. No person shall obstruct or hinder such inspectors, or any of to inspectors. them, in the execution of their duties.

Ventilation. -_ V-. Every room to be occupied as a sleeping room shall have means provided to the reasonable satisfaction of the inspector for adequate ventilation, such means to be kept always in an efficient state, and to be used as frequently as possible, and at least once a day.

Cleanliness. VI. The walls, floors, furniture, bedding, and utensils shall be at all times kept in a thoroughly clean and wholesome condition. Lime. VII. The passages, rooms, and other premises shall, when required washing. by the inspector, be lime-washed twice at least in the year, in the

months of March aud September, and at any other time appointed by such inspector.

Page 129

34 & 35 Vict. Huddersfield Improvement Ch. cu. 2183

Act 1871. Third VIII. Persons of opposite sexes shall not occupy the same sleeping Schedule. apartment, except married persons, or parents and their children under Occupation of

fourteen, or other children under ten years of age. sleeping rooms.

IX. In case of fever or any other infectious or d18€28® Ropulations occurring in any such house or room as aforesaid, the keeper of such as to cases of house or room shall forthwith give notice thereof to the inspector, so fever. that he may inspect the same, and, if he shall see fit, he shall cause the provisions of sections twenty-two and twenty-three of the Sanitary Act, 1866, to be put in force with reference to such house or rooms, or the articles contained in it, or, if necessary, shall also cause the provision of clause twenty-six of the said Act to be put in force with reference to the removal of persons sick of infectious disorders.

X. In case of any death taking place in any such house or room as Deaths. aforesaid, the inspector may, if he see fit, take measures for the putting in force of section twenty-seven of the Sanitary Act, 1866. .

XI. A privy, or such other accommodation as the inspector shall Privy accom- determine to be necessary, shall be provided for the use of any such modation. house or room. The situation, dimensions, materials, and construction of every such privy or other accommodation shall be subject to the approval of the borough surveyor; and for every twelve persons a separate privy or other accommodation shall be provided. The privy or other accommodation shall be kept in clean and proper order.

XII. There shall be a proper supply of pure water conveniently Water supply. accessible (to the satisfaction of the council of the borough) to each house or room as aforesaid, and proper accommodation for washing.

XIII. The drains, sewers, and grids shall be properly trapped so Drainage. as to prevent the effluvia coming up from the sewers or cesspools, and shall be kept clean and in good order in all respects.

XIV. The yards and areas of every house as aforesaid shall be Paving.

properly paved so as to effectually take off all waste water. Sleepi eeping XV. Each room occupied as a sleeping apartment shall be furnished rooms to be with bedsteads and sufficient bedding for the number of lodgers furnished

authorised to be in such room. $332,315 it?"

XVI. The floors, walls, and ceilings of every house or part of a Repairs of house which is let in lodgings, or occupied by members of more than floors, wall, one family, shall be kept in proper repair and thoroughly dry and free &e. from damp, and the roof thereof in proper repair and condition, by the owner.

XVII. The person letting such house or part of a house shall Persons to attend any meeting of the council or the sanitary committee thereof, attend.‘ to which he shall be summoned by letter or notice left at least three Coylmigey clear days beforehand at the house referred to, to answer @NY meetings. complaint made against him in respect of neglect of these regulations, and shall forthwith carry out such order as he may receive from the council or sanitary committee made with a view to bring his house into conformity therewith.

XVIII. If at any time after it has been registered any such house Power to pro- or part of a house has in the opinion of the sanitary committee become hibit house to unfit to be occupied in lodgings, the committee may prohibit such be used as a house or part of a house from being used as a lodging house, and the lodging house

&

Page 130

214

Third Schedule.

Regulations not to apply to houses rated at £15 without

$4 & 35 Vict. __ Huddersfield Improvement Ch. ch. Act 1871.

person in whose name the place has been registered shall, within seven days after receiving notice of such prohibition, cease to use such house or part of a house as a lodging house, and such house or part of a house shall not be again let in lodgings until the same has been put into proper condition and made fit for the reception of lodgers, to the satisfaction of the sanitary committee, and until the same is registered.

XIX. None of the foregoing regulations shall apply to any house, or the owner or the occupier thereof (unless such gouge be used as a beerhouse, wine shop, refreshment house, or coffee shop, in which cases - they shall apply), the rateable value whereof according to the last rate

notice, except for the time being for the relief of the poor amounts to fifteen pounds as beerhouses, or upwards, unless and until the Corporation give a notice in writing

&e.

Penalty for breach of regulations.

Interpreta- tion.

to such owner or occupier declaring that such house shall, from a date to be named in such notice, be and continue subject to such regula- tions, and from and after such date such house, and the owner or occupier thereof, shall be accordingly subject to such regulations.

XX. Any person, whether as owner or occupier of any house or part of a house which is let in lodgings, or occupied by members of more than one family, who shall offend against any of the foregoing regulations shall be liable to a penalty not exceeding forty shillings for any one offence, with an additional penalty not exceeding ten shillings for every day during which default in obeying such regulations

may continue.

XXI. Any room used during both day and night as a sleeping room shall be understood as a "day room." The person who receives the rents, either on his own account or as agent to the owner, or as clerk or servant to such agent, shall be deemed to be the owner, and so long as his name stands on the register as owner or receiver of rents such register shall be at all times received as proof of such ownership. - The term '"inspectors" or "inspector" includes all or any persons or person appointed by the council of the borough under or for the purposes of the Sanitary Act, 1866, or for carrying into effect these regulations.

FORM ABOVE REFERRED TO.

Entry No. No. house or room. Registered occupier Owner Registered to accommodate persons. In Room | In Room | In Room | In Room | In Room | In Room Total No. 1. No. 2. No. 8. No. 4. No. 5. No. 6. <_ Dated this day of 18

(Signed) __ Inspector.

Page 131

34 & 35 Vict. __ Huddersheld Improvement Ch. ch. 215 Act 1871.

Fourth THE FOURTH SCHEDULE Schedule.

[These forms are authorised by s. 424 of the Act.]

No. 1. Forx or OrpERr For SEwEring, Paving, &c.

[See s. 41 of the Act, page 109] The Huddersfield Improvement Act, 1871.

The day of 18 . It is resolved and ordered by the Council of the borough of Hud. dersfield, that on or before the day of 18 - the following streets Street] [PB Street] *be freed

from obstruction, sewered, drained, levelled, flagged, paved [or mac- adamised), and otherwise completed,* at such levels, with such inclinations, and with such sewers and drains of such dimensions as are shown on the plans and sections deposited in the office of the borough surveyor, and with the materials and in the manner herein-after specified ; namely,

[ Here specify nature of materials, &c ] [ ] Town Clerk.

* If the order is for sewering, draining, and levelling only, omit the words between the asterisks * *, and insert instead thereof the following ; namely, " be sewered, drained, and levelled."

No. 2. Forx or NoticE ror ExrEcutiOon or Works, &c.

[See Part XXII of the Act, page 179.] The Huddersfield Improvement Act, 1871.

The Corporation of the borough of Huddersfield hereby give you notice that you are ordered and required on or before the

day of 18 * to execute and do the works and things hereunder specified. Dated this day of 18 - . [ ] Borough Surveyor. To X.Y. of

[ Here specify the works, &e., required.] * Insert here, where the nature of the notice so requires, " not later

than the hour of o'clock in the noon." No. 8. Forx or NoticE or IntEntIo®n or ComporaTION To ExrcUTE ' Works, &c.

[See Part XXII of the Act, page 179.] The Huddersfield Improvement Act, 1871.

Page 132

216 34 & 35 Vict. Huddersfield Improvement Ch. cl. Act 1871.

Fourth The Corporation of the borough of Huddersfield hereby give you

Schedule: notice that they intend to execute and do the works and things here- under specified.

Dated this day of

18 | . [ Borough Surveyor. To X. ¥. of 3 % I

[ Here specify the works, &c., intended.]

No. 4. Forx or Warrant or AutHorIty Frromx JustIc®E. The Huddersfield Improvement Act, 1871.

I, 4.B., Esquire, one of Her Majesty's justices of the peace for the borough of Huddersfield, hereby authorise you [kere specify the act authorised ]}, for doing which this shall be your warrant.

Dated this day of 18

[C.D.] To [constable, &c.]

No. 5. Form or AutHoRITY FROM CoRPORATION. The Huddersfield Improvement Act, 1871.

The Corporation of the borough of Huddersfield hereby authorise you

[kere specify the act authorised ]. Dated this . day of 18

Town Clerk. To L.M. [Constable, &c.]

No. 6. Form or OrpEr as to UnxnoErR-GrounDp DwELLINGs. [See s. 192 of the Act, page 143.] The Huddersfield Improvement Act, 1871. The Corporation of the borough of Huddersfield hereby give you notice that they order and require that the occupation, as a separate dwelling, of the cellar [or vault, or under-ground room] hereunder specified be from the expiration of one calendar month from the

service hereof on you discontinued. Dated this day of 18

Town Clerk. To X. Y. of

[Here specify cellar, &c.]

No. 7. Fora or or Hrarwayr. [See s. 45 of the Act, page 111.] The Huddersfield Improvement Act, 1871. The day of 18 _ . It is resolved and declared by the Council of the borough of Huddersfield, that the following street, namely, [4 Street,] is a public highway. Town Clerk.

Page 133

34 & 35 Vict. - Huddersheld Improvement Ch. cli. Act 1871.

No. 8. Form or RatE Book. [See s. 349 of the Act, page 190.]

An assessment to the borough rate under the Huddersfield Improve- ment Act, 1871, for the borough of Huddersfield in the west riding

of the county of York, made the day of 18 . Name of the person Number of rated. Description | Situation Rateable | Amount of rate the rate. | TTT Ut oC of of value. at property. property. in the pound. Occupier. Owner. Signed by me this day of 18

Town Clerk.

No. 9. Form or NoticE or Rate. [See s. 851 of the Act, page. 191] The Huddersfield Improvement Act, 1871.

The Corporation of the borough of Huddersfield hereby give notice that a borough rate has this day been made, and that the book in

which the same is written is deposited in the office at the town hall. Dated this day of 18 Town Clerk. No. 10.

Form or or DistrEss ror REcovery or WatEr Rexts, IurprrovEMENT RarrEs, &c.

[See regulations as to distress : s. 397 of the Act, page 203 ] Borough of Huddersfield (to wit) :

To the mayor, aldermen, and burgesses of the borough of Hud- dersfiecld in the west riding of the county of York [and to their collectors of improvement rates, or as the case may be], and to the constables of the said borough.

These are in Her Majesty's name to command you to levy the sum of by distress of the goods and chattels of 4. B. of A being the amount [or being the balance remaining unpaid of the amount, or being an agreed instalment due of the amount, as the case may be} of improvement rates [or as the case may te] accrued due from him to the said mayor, aldermen, and burgesses up to the day of 18 ; and if the same is not paid within the space of days next after such distress by you taken, together with the reasonable charges of taking and keeping the same, that then

217

Fourth Schedule.

Page 134

218

Fourth Schedule.

$4 & 85 Vict. __ Huddersheld Improvement Ch. cli. Act 1871.

you do sell the goods and chattels by you distrained, and out of the money arising from such sale that you do retain the said sum, and also your reasonable charges of taking, keeping, and selling the said distress, rendering to the said 4.B. the overplus on demand ; and if sufficient distress cannot be found of the goods and chattels of the said 4. B. whereon to levy the said sum, that then you do certify the same to me, together with this warrant, to the end that such further proceeding may be had thereon as to the law doth appertain.

Given under my hand aud seal the day of one thousand eight hundred and

No. 11. Form or Mortoacr. [See s. 372 of the Act, page 194.] The Huddersfield Improvement Act, 1871. Mortgage No. £

By virtue of the above mentioned Act the mayor, aldermen, and burgesses of the borough of Huddersfield, in consideration of

pounds paid to them by A.B., of grant to him, his executors, administrators, and assigns, the corporate estates and fund of the borough, to hold until the said sum of be repaid to him or them, with interest at the yearly rate of in the hundred, by equal balf yearly payments on the day of and the day of in every year from the day of the date hereof, the principal to be repaid on the day of at the option of either party, and

all payments to be made at the office in Huddersfield of the treasurer of that borough.

Given under the seal of the mayor, aldermen, and burgesses this

day of one thousand eight hundred and No. 12. Form or TraxnsreEr or Mortoacgr. [See ss. 373 page 194 and 425 (4) page 208 of the Act.] The Huddersfield Improvement Act, 1871. I, 4. B., of , in consideration of pounds paid to me by C.D., of transfer to him, his executors, administrators, and assigns, the mortgage No. of the corporate estates and fund of the borough of Huddersfield, or pounds and interest, at the yearly rate of in the hundred, granted on the day of by the mayor, aldermen, and

burgesses of that borough [or if the fransfer be by endorsement, the within written security], and all my right and interest in and under the same.

As witness my hand and seal this day of one thousand eight hundred and


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