Huddersfield Corporation (General Powers) Act of 1920 by Huddersfield Corporation

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(9 & 11 Gro. 5] Huddersfield Corporation — [Ch. cxlv.]

(General Powers) Act, 1920.

CHAPTER cxlv.

An Act to empower the mayor aldermen and burgesses A.D. 1920.

of the borough of Huddersfield to construct tramways street improvements and other works to confer further

‘powers upon them with respect to their several undertakings and for other purposes.

[16th August 1920.]

the county borough of Huddersfield in the west riding of the county of York (in this Act called “the borough ’’) is a municipal borough under the government of the mayor aldermen and burgesses thereof (in this Act called

“the Corporation ’’) :

And whereas. it is expedient to empower the Corporation to construct the tramways tramroad street improvements and other works authorised by this Act and to make further provision in regard to their tramway undertaking :

And whereas certain of the tramways and street improve- ments authorised by this Act will be situate in the borough of Brighouse and an agreement has been entered into between the Corporation and the mayor aldermen and burgesses of that borough with ‘reference to such tramways and street improve- ments and it is expedient to confirm the agreement (a copy of which is set forth in the First Schedule to this Act) and to make

prov ision for carrying it into effect :

_And whereas by the Huddersfield Act 1913 the

Pecporation are empowered to provide and run omnibuses within the borough and it is expedient to confer powers upon

: em to run omnibuses’ outside the borough ; oe 38. 9d. eS A of

he ees

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[Ch. cxlv.] Huddersfield ‘Corporation [10 & 11 Guo. 5.] (General.Powers) 1920.

A.D. 1920. And whereas it is expedient to empower the Corporation to make and maintain the railways authorised by this Act and to use the same for the carriage of minerals and other things to and from their gas and ‘electricity works and sanitary and for such other purposes as they may determine:

And whereas it is expedient that the other provisions contained in this Act be enacted :

And whereas the purposes of this Act cannot be effected without the authority of Parliament :

And. whereas estimates have been prepared by the Corpora- tion for the purposes hereinafter mentioned and such estimates are as follows—. ey 3

For the purchase of for donk the tion of the tramways and tramroad authorised re nog by this Act - .- - - - > 2 213,234

For the provision ead erection of posts shandasdsl M0; brackets conductors and other apparatus works and ‘conveniences for the purposes of the tram-

ways and tramroad authorised by this Act - 35,468 For the extension of the Corporation’s car shed and the provision of a motor garage =

For the purchase of land and easements for and __ the construction and equipment of the rail-

ways authorised by this = - +" "= 57,850 For the provision of tramway and railway rolling stock - - ~ - - - aes ae 17,000. For the provision of motor ‘omnibuses - -». 8,780 For the construction of Street Works Nos, 1 and 8 authorised by this Act - = - ._- - 880 For the provision of buildings for cold air and for ice making machinery. -- torr debe. 10,000

_ For the provision’ of - refrigerators ice making machinery and other plant for those por 15,000 ©

And whereas the several works included in such estimates are permanent works and it is expedient that the cost thereof should be spread over a term of years :

And whereas estimates have been prepared of the cost of

constructing the street improvements which ; are to be executed 2

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[10 & 11 Geo, 5.] Huddersfield Corporation ~- [Ch. cxlv.] (General Powers) Act; 1920.

by the Brighouse Corporation in pursuance of thé! scheduled

agreement and the amount thereof is nine thousand eight

hundred and one pounds and it is expedient to empower the Brighouse Corporation ‘to borrow that sum and the sum required for the purchase of lands for those street improvements :

And whereas in relation to the promotion of the Bill for this Act the requirements of the Borough Funds Acts 1872 and 1903 have been observed and the approval of the Minister of Health has been obtained :

And whereas plans and sections showing the lines and levels of the works authorised by this Act and also a book of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act were duly deposited with the clerk of the peace for the west

39d

A.D. 1920.

riding of the county of York which plans sections and book of —

reference aré in this Act respectively 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 King’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 ; —

Parr

PRELIMINARY.

4. This Act may be cited as the Huddersfield Corporation Short and (General Powers) Act 1920 and the Huddersfield Corporation orp

Acts 1852 to 1919 the, Huddersfield Corporation (Lands) Act 1920 and this Act may be. cited together as the Huddersfield Corporation Acts 1852 2. ae Act is divided into Parts as follows— Part — + Preliminary. Part II.—Tramways and Railways. Part IIJ.—Omnibuses. _ Part IV.—Street Improvements,

Part:, V.—Lands. I Petts do: 2 Ti A 2 > 2

Division of Act into Parts.

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[Ch.cxlv.] - Huddersfield Corporation [10 & 11 Guo. 5.] (General Powers) Act, 1920.

te 1920. © I Part VI.—Finance. : Part VII.—Miscellaneous.

Incorpora- = 3.—(1) The following Acts (so far as the same are applicable we BOY this purposes and are not inconsistent with the provisions of this Act) are hereby incorporated with this Act (namely) :—

(a) The Lands Clauses Acts with the following exception I and modification—

(i) Section 127 of the Lands Clauses Consolida- tion Act 1845 (relating to the sale of superfluous lands) is not incorporated with this Act;

(ii) The bond required by section 85 of the Lands Clauses Consolidation Act 1845 shall be under the corporate seal of the Corporation and shall be sufficient without the addition of the sureties mentioned in that section:

(0) Section 3 (Interpretation of terms) section 19 (Local authority may lease or take tolls) Part IJ. and Part IIT. of the Tramways Act 1870 Provided that—

(i) The words in section 19 of that Act “ but nothing in this Act contained shall authorise any local authority to place or run carriages upon such tramway and to demand and take tolls and charges in respect of the use of such carriages ” shall not apply to the Corporation;

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(ii) Section 43 (Future purchase of undertaking by local authority) of that Act shall not apply to the tramway authorised by this Act to be con- structed in the parish of Fixby.

(2) Such of the provisions of the Tramways Act 1870 incorporated with this Act as are applicable in that behalf shall with any necessary modifications extend to the tramroad autho- rised by this Act and the provisions of sections 26 to 33 46 47 49 50 54 55 to 57 and 59 to 62 of that Act shall with any necessary modifications extend to so much of the railways - authorised by this Act as shall be constructed upon highways.

Interpreta- 4.—(1) In this Act unless the subject or context otherwise =e. req uires— (a) ““ The Corporation’? means the mayor aldermen and burgesses of the borough of Huddersfield ; 4

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[10 & 11 Gro. 5.]: Huddersfield Corporation (Ch. cxlv.}

(General Powers) Act,

(b) ‘‘ The borough” means the county of Hudders- field ;

(c) “ The borough fund” and “ ‘the rate’ mean the borough fund and the borough rate of the borough ;

(d) ‘“‘ The town clerk” means the town clerk of the borough and includes any person duly authorised to discharge temporarily the duties of that office;

(e) “The Brighouse Corporation’? means the mayor alder- men and burgesses of the borough of Brighouse;

(f) “‘ The schéduled agreement ”’ means the agreement dated the twelfth day of November nineteen hundred and nineteen and made between the Corporation and the Brighouse Corporation a copy of which is set forth in the First Schedule to this Act;

(g) “ The Act of 1913”? means the Hudderstield as Act 1913;

_ (h) “ The Corporation tramways ’”’ has aie same meaning as in the Act of 1913;

(i) “The Lands Clauses Acts’? means the Lands Clauses Acts as modified by the Acquisition of Land

395°

A.D..1920,

(Assessment of Compensation) Act 1919 and by

this Act.

(2) Words and expressions to which meanings are assigned by the enactments incorporated with this Act have in this Act the same respective meanings unless there be something in the subject or context repugnant to such construction.

Part II.

TRAMWAYS AND RAILWAYS.

5.—(1) Subject to the provisions of this Act the Corpora- tion may make form lay down work use and maintain the tramways tramroad and railways hereinafter described in the lines and according to the levels shown on the deposited plans and sections with all proper rails plates junctions turnouts crossings passing-places posts poles brackets wires waiting rooms carriage-houses sheds depots buildings © ene works’ and ‘conveniences connected therewith. A 3 eo

Power to make tram- ways tram- road and railways.

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(Ch. exlv.] Huddersfield Corporation [10 & 11 Guo. 5. (General Powers) Act, 1920.

i

The tramways tramroad and railways hereinbefore referred to and authorised by this Act all of which will be situate in the borough except where otherwise stated are as follows :—

Tramway No. 1 (Double line 1 ‘scien 7°88 chains in commencing in Bradford Road North by a junc- tion, with the existing tramway at a point opposite to Allison Drive passing along Bradford. Road North and Netheroyd Hill Road and terminating in _ the last named _ road near to Judy Lane:

No. 1 (Double line 5 1-36 chains in in the borough and in the parish of Fixby in the rural district of Halifax commencing by a junction with Tramway No. 1 at its termination and terminating near to the junction of Broomfield Road with Clough Lane:

Tramway No. 2 (Double line 5 furlongs 1-36 chains in length) in the said parish of Fixby and in the borough of Brighouse commencing by a junction with Tramroad No. 1 at its termination passing along Clough Lane and New Hey Road and terminating near to the junction of Clough Lane with New Hey Road:

Tramway No. 3 (1 mile 6 furlongs 3- 40 chains in 1a whereof 6 furlongs 4:31 chains will be single line and 7 furlongs 9-09 chains will be double line) in the borough of Brighouse commencing by a junction with Tramway No. 2 at its termination passing along New Hey Road Crow Trees Lane a proposed new road Church Street Ogden Lane Rastrick Common Gooder Lane Huddersfield Road and Bradford Road and terminating by a junction with the tramway of the mayor aldermen and burgesses of the borough of Halifax opposite to Commercial Street at its junction with Bradford Road:

Tramway No. 4 (3 furlongs in length whereof 2 furlongs 6 chains will be single line and 4 chains will be double line) in the borough os Brighouse commencing in Hudders- field Road by a junction with Tramway No. 3 at a point opposite Cliffe Road passing along Huddersfield Road and Birds Royd Lane and terminating at the boundary wall of the Lancashire and Yorkshire Railway :

Tramway No. 5 (Double line 2 chains in length) in the

borough of Brighouse commencing in Gooder Lane by 6 i

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(10 & 11 Guo: 5:]' Huddersfield Corporation (Ch. exlv.]

(General Powers)’ Act, ‘1920.

‘Ot

a junction with Tramway No. 3 passing along Gooder A.D.

Lane and Birds Royd Lane:and ees a a with Tramway No. 4:

Tramway No. 6 (Double line 1 mile 4-6 chains in length) commencing in Bradford Road North by a junction with

Tramway No. 1 passing along Bradford Road ae and

Ses at the borough boundary :

Tramway No. (Double line 1 mile 9- 23 chains in length) in the of Brighouse commencing in Huddersfield Road at the borough boundary by a junction with Tramway No. 6 passing along Huddersfield Road and terminating by a junction with ‘Tramway No. 3:

Tramway No. 8 (Single line 3 furlongs in. com-

mencing by a junction with the existing tramway in Lidget Street passing along Lidget Street Holly Bank Road and Halifax. Road and terminating by a junction with the existing tramway in that road :

Tramway No. 9 ‘(Single line 3 furlongs 3° 21 in length) commencing by a junction with the existing _-tramway at Longroyd Bridge passing along Saint Thomas’s Road and Folly Hall and terminating by a Pee with the existing tramway in Folly Hall :

Tramways Nos. 10 11 12 13 14 and 15 (Each single bai

0-67 chain in length) all situate in Saint Thomas’s Road and each commencing by a junction with Tramway ‘No. 9 and terminating at the eet extension of the Corporation’s car shed :

Tramway No. 16 (Single line 1-31 chains in length) com- mencing by a junction with Tramway No. 9 and termi- . nating by a junction with the existing tramway at the junction of Saint Thomas’s Road. with Folly Hall :

Railway. No. 1 (5 furlongs 0-40 chain in com- mencing in the Midland ‘Railway Company’s goods yard and terminating at the Corporation’s. gasworks ; Railway No. 2 (2 furlongs 0-30 chain in length) com- mencing in the Midland Railway Company’s: goods yard by a junction with Railway No. 1 forming. a junction with an existing railway siding and terminating near to the London’ and — Weetettt Sey S -viaduet: eee Sa A 4 7

ome ee

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398

cxlv.] et uddersfield Corporation. [10 & 5 (General Powers) Act, 1920.

a

A.D. 1920. Railway No. 3 (1 furlong 8-31 chains in. length). com- ae in the Midland Railway goods yard by a junction with Railway No. 2 and terminating near to the London and North Western Railway Company’s viaduct : “Railway No. 4 (1 furlong 7-39 chains in length) commencing in the Midland Eailway goods yard by a junction with Railway No. 3 and terminating near to the London and North Western Railway Company’s viaduct : Railway No. 5 (2-91 chains in length) commencing in Beaumont Street by a junction with Railway No. 1 passing along Beaumont Street and Great Northern Street and terminating by a junction with the existing tramway opposite to the tramway depét: — I Railway No.6 (2 furlongs 1-97 chains in length) commencing in Great Northern Street by a junction with the existing tramway at Ray Street passing along Great Northern Street Hillhouse Lane and Sanitary Lane and terminating at the entrance to the sanitary depot of the Corporation.

Gauge. 6.—(1) The railways authorised by this Act shall be con- structed on a gauge of four feet eight and a half inches and the tramways and tramroad authorised by this Act shall be constructed on the same gauge as the existing tramways of the Corporation — that is to say a gauge of four feet seven and three-quarter inches or such other gauge as may from time to time be approved by the. Minister of Transport.

(2) Carriages or trucks adapted. for use on railways shall not be run on the tramways or tramroad authorised by this Act.

nae to '7.—(1) In the construction of. works authorised by this deviate. § Part of this Act the Corporation may deviate from the lines shown on the deposited plans to any extent not exceeding the limits © of deviation shown on those plans and they may also deviate. from the levels shown on the deposited sections to any extent not exceeding five feet upwards or downwards.

(2) Provided that in the exercise of the powers of this section the Corporation shall not lay any rails along or across a road except in such manner that the uppermost surface of the rail shall be on a level with the surface of the road.

Period for 8. The works authorised by this Part of this Act and shown

completion on the deposited plans shall be completed within five years from of works. g

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[10°&-11 Huddersfield Corporation (Ch. exlv.] I (General Powers) Act, 1920. I

the passing of this Act and on the expiration of that period the powers by this Act granted to the Corporation for executing the same or otherwise in relation thereto shall cease except as to so much thereof as shall then be completed.

9,—{ 1) The following enactments shall so far as the same are applicable in that behalf and are not inconsistent with the provisions of this Act extend and apply mutatis mutandis to

and in relation to the tramways and tramroad authorised by this Act :—

Huddersfield Corporation Tramways Act 1900— Section 8 (Inspection by Board of Trade) ;

: Section 9 (Tramways to be kept on level of surface of road) ;

Section 10 (As to rails of tramways) ;

Section 11 (Further provisions as to construction of tramways) ;

Section 12. (Penalty for not maintaining rails and roads) ;

Section 13 (Passing places to be constructed where less than a certain width left between footway and tramway) ;

Section 14 (Power to make additional crossings &e.);

Section 15 (Temporary tramway to be made where I necessary) ;

Section 16 (Power to lay down double or interlacing lines in place of single lines and vice versa) ;

Section 17. (Corporation may reduce width of footway for constructing tramway) ;

Section. 18 (Local authority to have access to sewers) ;

Section 19 (Application of road materials excavated in construction of works) ;

Section 20 (Provisions as ‘to motive power) ;

Section 21 (Special provisions as to use of electrical power) ;

aw ae 23 (Power to. attach: ta. &e. to buildings)

i «>. Section 24. (Corporation may take up lines: for purposes of constructing 9

399

A.D. 1920. /.

oem

Application of existing enactments.

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400

A.D. 1920, ©

Section 43

Séction 7

‘Section, .9

Huddersfield Corporation Act 1906— Section 25

Section 26 ©

Section 5).

A

[Ch. exlv.] I Huddersfield Corporation. [10 & 11 Guo. 5.) (General Powers) I Section 37 (Power to Corporation. work’ tramways) 5 oe Section 39 (Traffic upon tramways); : Section 40 (Corporation not bound. to carry goods) ; Section 41 (Provision as to carriage of animals elt &C, in separate carriages) ; Section 42 (Tramways to form. part of tramway under-

taking of Corporation) ;. Payment of tolls) ;

( Section 44 (Passengers’ 3 Section 45 (As to fares on Sundays or holidays) ; Section, rates and charges) ; Section 48 (Byelaws); Section 49 (Amendment of ‘Tramways Act 1870 as to I © byelaws) by Corporation) ; Section 50 (Orders &c. of Board’ of Trade) ; Section 56 (Provision as to general Tramway

Huddersfield Corporation Tramways Order

(Alteration of I trainways) ;

_(For. protection of Postmaster-General) ;

eee used for mechanical power to be deemed part of tramways) ; (Penalty for malicious damage) ;

(Trees ‘or shrubs overhanging streets)’:

Huddersfield Corporation Tramway Order 1907— Section 7 (Use of tramway posts by Postmaster-General) :

Provided that—

(a2) The provisions of the ie section 14..0f.the.Act of 1900 shall be exerciseable only with the consent of the Minister of Transport;

(b) No post or other apparatus for working tramways ‘shall be erected on ‘the carriageway of any ‘street

or road, except with the consent’ ofthe Minister of _

Transport.. 10

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&41 Gnd. Bi] Buddderafteld ‘Corporation (Ch. exlv.]

(General Powers) Act, 1920.

(2) The tramroad authorised by this Act shall be deemed to be part of the Corporation tramways for the ae of Acts relating to those tramways. I

=) The Corporation may generate and supply electricity os wee the Corporation tramways.

10.- ar ) The. scheduled agreement is hereby confirmed and made binding upon the Corporation and the Brighouse Corporation and effect. may and shall be given thereto accordingly subject to such modifications (if any) as may be agreed between the parties in writing under their respective corporate seals.

(2) Provided that the said agreement shall have effect as if the Street Work No. 2 authorised by this Act had been included in’ the Second Schedule to that agreement.

41. The period limited by the Act of 1913 for the construction af such of the tramways authorised by that Act as have not been constructed is hereby extended until the expiration of five years from the passing of this Act. I

412. Notwithstanding anything in the Huddersfield Ccrporatitin Acts 1852 to 1919 the Corporation may demand and take for every passenger travelling upon the Corporation tramways or any part or parts thereof (including every expense incidental to such conveyance) a fare not exceeding two pence per mile

401.

A.D. 1920.

Confirma- tion of agreement with Brig- house Cor- poration.

Extension of time for construc- tion of tram- ways.

Fares.

and in computing the said fare a fraction of a mile shall be deemed

a mile.

13.—(1) The Corporation shall and they are hereby required to run on the Corporation tramways a proper and _ sufficient service of carriages for artisans mechanics and daily labourers each way every morning and every evening (Sundays Christmas

Cheap fares for labour- ing classes.

and Good Friday always excepted) at such hours ‘not ‘being I

later than eight in the morning or earlier than five in the evening respectively as may be most convenient for such workmen going to and returning from their work at fares for the return journey not exceeding the fares prescribed by the last preceding section for the single journey On Saturdays the Corporation in lieu of running such carriages after five o’clock in the evening shall run the same at such hours between half-past eleven in the morning and two. o’clock in the afternoon as may be most convenient for the said purposes. ie oa dl

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402

A:D.: 1920.

Revision of fares.

(Ch. cxlv.] Huddersfield Corporation [10 & 11 Guo. 5.]

(General Powers) Act, 1920.

(2) If complaint is made to the Minister of Transport that such proper and sufficient service is not provided the Minister after considering the circumstances of the locality may by order direct the Corporation to provide such service as may appear to the Minister to be reasonable.

(3) The Corporation shall be liable to a penalty not eee five pounds for every day during which they fail to comply with

any order under this section.

(4) The following provisions are hereby repealed (namely) :—

Section 27 of the Huddersfield Tramways > Order 1897; i

Section 32 of the Linthwaite Order 1998;

Section 46 of the Huddersfield Corporation Tramways Act 1900 ;

Section 8 of the Huddersfield Corporation Tramways Order 1900;

So much of séction 28 of the Huddersfield Corporation Act 1906 as applies section 46 of the said Act of 1900 to the tramways authorised by the said Act of 1906; and

So much of section 33 of the Act of 1913 as applies section 46 of the said Act of 1900 to the authorised by the Act of 1913. :

14. If at any after three years from the date of the passing of this Act or after three years from the date of any order made in pursuance of this section in respect of the

Corporation tramways or any portion thereof it is represented

in writing to the Minister of Transport by the local authority

of any district in which the tramways or such portion are or is wholly or partly situate or by twenty inhabitant ratepayers of

that district or by the Corporation that under the circumstances

then existing all or any of the fares or other charges demanded and taken in respect of the traffic on the tramways or on such portion should be revised. the Minister of Transport may (if he

thinks fit) direct an inquiry in accordance with the provisions

of the Ministry of Transport Act 1919 and if after’such inquiry

it shall appear to the Minister of Transport that all or any of

the fares or charges should be revised the Minister may by order in writing under the hand of an assistant secretary of the

Ministry alter modify reduce or (subject to the maximum fares 12

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[10 & 11 Guo. 5.] Huddersfield Corporation [Ch. exlv.] (General Powers) Act, 1920.

and charges authorised by this Act) increase all or any of the A.D. 1920. fares or charges to be taken in respect of the Corporation ~~ tramways or of any portion thereof and thenceforth such order - shall be observed until the same is revoked or modified by an order of the Minister of Transport made in pursuance of this section.

15.—(1) The railways authorised by this Act where con- As to con- structed upon highways shall be laid and maintained in such I I working and manner that the uppermost surface of the rail shall be on a level use of rail- with the surface of the road. I

(2) The following enactments shall so far as they are applicable in that behalf and are not inconsistent with the provisions of this Act extend and apply mutatis mutandis to and in relation to the railways authorised by this Act :—

Huddersfield Corporation Tramways Act 1900— : OE VES Section 8 (Inspection. by Board of Trade) ; I

Section 11 (Further provisions as to of tramways) ;

Section 20 (Provisions as to motive

Section 21 (Special provisions as to use of electrical power) ;

Section 22 (Power to adapt tramways for use of mechanical ' power) ;

Section 23 (Power to attach brackets &c. to buildings) : Huddersfield Corporation Tramways Order 1903—— Section 9 (For protection of Postmaster-General).

(3) The railways authorised by this Act may be used by the Corporation for the carriage of minerals and other things to and from their gas works electricity works and sanitary depot and for such other purposes of the Corporation (other than the carriage of passengers) as the Corporation may determine.

The Corporation may enter into and carry into effect Agreements agreements with the Midland Railway Company for and in a “se relation to the construction maintenance and user of all or any way Com- of the railways authorised by this Act and the construction pany. maintenance and user of additional sidings works and conveniences

upon or in the neighbourhood of the said company’s lands.

gs See dakid ay Maul iqro bene Ue We Woayn oe of Ure Pooum gh. Se .

Page 14

404

A.D. 1920.

Saving for Postmaster- General.

(Ch. exlv.] [10 & 10 Get 627 (General Powers) Act, 1920.

. 17. Nothing in any agreement made under: the authority of this Act shall affect the rights of His Majesty's. Postmaster- General under the Telegraph Act 1878 to place and maintain telegraphic lines in under upon along over or across the railways authorised by this Act and from time to time to alter such telegraphic lines and to enter upon the said railways for the

_ purposes in the Telegraph Act 1878 specified and the Postmaster-

General shall after the making of any such agreement be at liberty

to exercise all the rights aforesaid notwithstanding that the said

railways or any of them are owned leased or worked by the

Midland Railway Company as freely and fully in all respects as

For protec- tion of Wakefield Corporation.

he was entitled to do before the making of any such agreement.

18. In constructing Tramways Nos. 2 and 6 authorised by this Act the following provisions for the protection of the mayor aldermen and citizens. of the city of Wakefield (in this section called “the corporation of Wakefield’) shall except so far as may be otherwise agreed between the Corporation and the corporation of Wakefield have effect (that is to say) :—

(1) Before commencing to alter or interfere with any of the water mains or pipes and valves of the corporation of Wakefield the Corporation shall give fourteen days’ notice thereof in writing to the corporation of Wakefield together with plans and sections of the proposed works and the works consequent upon such alteration or interference shall be carried out to the reasonable approval of and under the superintendence of the engineer of the corporation of Wakefield or his duly authorised deputy or agent if he thinks fit to attend for that purpose The corporation of Wake- field shall approve or disapprove of the said plans and sections within fourteen days after receipt thereof and if within that period they do not signify to the Corporation their approval or disapproval thereof they shall be taken to have approved :

@) The works shall be so constructed as not to cause any — unnecessary damage to the said water mains or, pipes and valves and if any damage be caused to such water mains or pipes or valves in consequence of the execu- tion of the said works all loss costs damage and expenses which the ,corporation of Wakefield may reasonably 14

Page 15

[10 & 11'Guo. 5.] “Huddersfield Corporation cxlv.] (General Powers) Act, 1920.

‘incur or be put unto in respect thereof shall be paid to them by the Corporation >

(3) The works to be constructed. shall be so. constructed _as to allow to the corporation of such access to. the said water mains or pipes and valves for the purpose of. reparation and renewal as shall in all the circumstances. of the case. be reasonably practicable :

(4) If any difference arise between the Corporation and the corporation, of Wakefield touching anything to be done or/not: to be done or any moneys to be paid under the provisions of this section such difference shall be settled by an engineer to’ be appointed (unless otherwise agreed upon) upon the application of either of the parties in difference by the President of the ~ Institution of Civil Engineers and the provisions of the Arbitration Act 1889 shall apply to any such reference.

19. Unless otherwise agreed between the Corporation or any local authority exercising the powers of this Act with respect ‘to Tramway No. 3 as the case may be (in this section called ‘“‘ the tramway authority’’) and the company of proprietors of the Calder and Hebble Navigation (in this section called ‘‘ the company.’’) the following provisions for the

405

A.D. 1920.

ae

For protec- tion of Calder and Hebble Navigation.

protection of the company shall apply and have effect (that is

to say) :—

(1) In laying down or maintaming any tram- way authorised by this Act or in reconstructing or in altering any such tramway the tramway authority shall not interfere with or injure the permanent structure or masonry of any bridge over the company’s canal which is maintainable by the company and they shall not in the case of any bridge over the canal (whether maintainable by the company or not) cause any damage to the canal or towing-paths thereof or reduce or diminish the span or headway under any bridge or cause any interruption to or interference with the passage or conduct of the traffic along the canal or towing-paths: .

Page 16

406

[Ch. cxlv.] Corporation [10 & 11 Guo. 52]

(General Powers) Act, 1920.

A.D. 1920. (2) The tramway authority shall not place construct erect

lay down or make any works for working any tram-

way by mechanical power (hereinafter referred to as

““mechanical along or across the canal

or towing-paths thereof or other property of the

company except on or over a public roadway over any bridge on the canal and subject to the other

provisions of this section:

(3) Before the tramway authority commence to construct

or lay down any tramway or to place construct erect

lay down or make any mechanical appliances on or over any bridge on the canal which is maintainable by the company they shall submit plans and sections

of their intended works to the company for approval

(4) Te

and such works shall be constructed according to plans and sections previously reasonably approved by the company or determined by an arbitrator as hereinafter provided and under the superintendence (if the same be given) and to the reasonable satis- faction of the company’s engineer :

Provided that if the Company do not signify in writing their approval or disapproval: of or their requirements with reference to any plans and sections I within twenty-one days after the same shall have been submitted to them they shall be deemed to have approved thereof :

any injury damage interruption or interference as

mentioned in subsection (1) of this section shall arise or be occasioned at any time by the works or opera- tions of the tramway authority the tramway authority

shall forthwith make good or -remove the same. at

_ their own expense or the company may after notice

to the tramway authority do so and the tramway

- authority: shall repay to the company on demand all - costs and expenses reasonably incurred by them in -so doing and ail loss or damage sustained by the

company in consequence of such injury damage

interruption or interference :

(5) Nothing herein contained shall prevent the company

from maintaining repairing and when necessary

altering: or SONNE: any bridge on or over 16

Page 17

[10 & 11 Guo. 5.] Huddersfield Corporation - [Ch. exlv.] 7 (General Powers) Act, 1920.

which any works of the tramway authority may exist without being liable to the tramway authority or any parties making or using such works for any loss injury damage expense or interruption of traffic which may arise in connexion with the maintenance repair alteration or reconstruction of such bridge

and any additional expense reasonably incurred by.

the company in the maintenance repair alteration or reconstruction of any such bridge or the roadway over the same by reason or in consequence of such

works shall be repaid to the company by the tram-

way authority Provided that all such operations shall be executed by the company in such manner as to cause no unnecessary interruption or incon- venience to the traffic of the tramways: _

(6) If any difference shall arise between the tramway autho- rity and the company or their respective engineers with respect to any plans or sections to be submitted as aforesaid or the mode of executing any works or as to any additional expense incurred by the company as aforesaid or as to any costs expenses loss or damage provided for in this section such difference shall be referred to and: determined by an arbitrator to be appointed by the Minister of Transport on the application of the tramway authority or the company and the provisions of the Arbitration Act 1889 shall apply to any such arbitration.

20. For the protection and benefit of Thomas Bryan Clarke-Thornhill or other the owner for the time being of the Thornhill Estate (in this section called *‘ the owner ’’) the following provisions shall have effect unless otherwise agreed in writing between the owner and the Corporation (that is to say) :—

(1) Notwithstanding anything shown on the deposited plans and sections Tramroad No. 1 shall not be constructed through the owner’s estate except along the line coloured red on a plan signed in duplicate by Kenneth Findlater Campbell on behalf of the Corporation and by Frederick Cartledge Crowther on behalf of the owner which plan is hereinafter called “the signed plan ”’ and the owner may and shall sell to the B : oat

#

407

A.D. 1920.

For protec- tion of Thornhill Estate.

Page 18

[Ch. exlv.] . Huddersfield Corporation [10 &11 Gao. 5.] (General. Powers) Act, 1920.

A.D. 1920. Corporation the land necessary for the construction of the said tramroad as aforesaid :

(2) The tramroad where it crosses the intended Broomfield Road coloured pink on the signed plan shall be paved and shall be laid so that the upper surface of the rails corresponds _— the finished surface of the road : I

(3) The tramroad where it crosses the lands of the owner shall be permanently fenced and the fences shall be maintained to his reasonable satisfaction and gates and paved crossings shall be erected at the points shown on the signed plan and so maintained and the owner and his tenants shall have the right of using such crossings :

(4) Subject to their the necessary authority the Corporation shall close the existing footpath shown on the signed plan from the point marked “A” to Broomfield Road and shall construct a new footpath on the north-easterly side of the tramroad from the point “A” to the point ““B” on the signed plan:

(5) The owner may for the purpose of the future develop- ment of his lands at his own expense in all things a. ..»». lay down a sewer under and make a road not exceeding thirty-six feet in width across the said tramroad and the position of such sewer and road respectively shall be agreed upon between the owner and the Corporation or failing agreement shall be settled by arbitration . Provided that the works to be erected under this subsection shall be made and maintained at the expense of the owner so as not to injure or interfere with the tramroad or the traffic thereon and in accordance with plans and sections previously submitted to and reasonably approved by the Cor- poration and under their superintendence :

(6) The Corporation shall pay the cost of any alteration of any part of the fences disturbed on the land of the owner rendered necessary by the construction of the said tramroad and shall in the event of the flow of water being stopped or interrupted in any drains of the owner by reason of the construction 18

Page 19

[10 & 11 Guo. 5.] Huddersfield Corporation [Ch. cxlv.]

(General Powers) Act, 1920.

of the tramroad construct such substituted water channels across or alongside the tramroad as the

owner may reasonably require:

(7) The Corporation shall not purchase any mines or minerals

or beds of clay stone or gravel of the owner except such parts thereof as shall be necessary to be dug or carried away in the construction of the works and such surface mines or beds as the Corporation may require to use for the construction thereof :

(8) The Corporation shall pay to the owner compensation

(9) If

for all damages which may be done to the lands of the owner by any agent servant or workman of the Corporation trespassing thereon during the construc- tion of Tramroad No. |:

any dispute arises between the Corporation and the

owner in relation to matters arising under this

section other than matters to be determined under the Acquisition of Land (Assessment of Compensa-

- tion) Act 1919 such disputes shall be determined

by arbitration under the Arbitration. Act 1889 the arbitrator in default of agreement being appointed by the President of the Institution of Civil Engineers.

21. Except so far as may be otherwise agreed between Crowther and Nicholson Limited or other owners for the time being of the Ashbrow Mills Huddersfield (all of whom are in this section called “‘ the company’’) and the Corporation the following provisions shall apply and have effect (that is to say) :—-

(1) The provisions of. section 30 (Provision as to gas and

water companies) of the Tramways Act 1870 except subsection 5 of that section and the provisions of section 33 (Difference between promoters and road authority &c.) of that Act shall for the purposes of this Act extend and apply to the pipes belonging to the company and used for conveying water and situate at the date of the passing of this Act partly in the lands numbered on the deposited plans 5 7

9 10 11 12 15 18 and 19 in the borough notwith-

standing that such pipes are not wholly laid im or along a road and such’ pipes shall for the purposes of the said sections be deemed to be mains or pipes B 2 . 19

409

A.D. 1920.

I STORE

For protec- tion of Crowther and Nichol- son Limited.

Page 20

410

A.D. 1920.

I ee es

For protec- tion of London and North Western Railway Company.

[Ch. cxlv.] Huddersfield Corporation [10 & 11'Guo. 5.]

(2) In

(General Powers) Act, 1920. /

for the supply of water and the term “ company ” where used in the said sections shall be deemed to include the company but section 32 (Rights of authorities and companies &c. to open roads) of the Tramways Act 1870 shall not apply to the company :

the construction and maintenance of Tramroad No. 1 authorised by this Act the Corporation shall take steps to avoid any obstruction of or interference with the flow of water in any stream watercourse pipe or channel to the use of which the company are entitled and if owing to the exercise by the Corporation of the powers of this Act for the construction and maintenance of such tramroad any such obstruction or interference shall be caused the Corporation shall pay compensation to the company for any loss or damage which they may sustain by reason thereof.

22. For the protection of the London and North Western Railway Company (in this section referred to as “the North Western Company ”’) the following provisions shall unless other- wise agreed between the Corporation and the North Western Company apply and have effect :—

(1) Notwithstanding anything contained in this: Act or

shown on the deposited plans and sections the Cor- poration shall not without the previous consent in writing of the North Western Company under their common seal enter upon take or use any lands or property of the North Western Company but the Corporation may purchase and take and the North Western Company shall sell and grant accordingly an easement or right of using so much of their lands as may be necessary for the construction of Railway

No. 1 under the viaduct belonging to the North

Western Company and to that company and the Lancashire and Yorkshire Railway Company and over the private road belonging to the North Western Company and also for the new bridge carrying the said Railway No. 1 over the Sir John Ramsden’s

Canal belonging to the North Western Company and

all works connected therewith The amount to be paid a re

Page 21

411

(General Powers) Act, 1920. er

for the acquisition of such easement shall be ascer- A.D. 1920. — tained in case of difference in the manner provided — by the Lands Clauses Acts and the easement or rights so to be taken shall be deemed to be land so far as respects the proceedings for the acquisition thereof and also for the purposes of any arbitration:

(2) The bridge and other works for carrying the said Railway No. 1 over the canal and towing-path of the North I Western Company shall be constructed and executed and thereafter maintained in all things at the cost of the Corporation and only according to plans sections and specifications which have been previously reasonably approved in writing by the engineer of that company (in this section referred to as “ the said. and under his superintendence (if the same be given) and so that the conduct or passage of traffic on the canal shall not be unnecessarily impeded and in case any such impediment shall occur the Corporation shall make compensation in respect thereof to the North Western Company or the party or parties entitled thereto Provided that if the said engineer shall for the space of one month fail to signify to the Corporation his disapproval of the said plans sections and specifications he shall -be deemed to have approved thereof :

(3) The span of the bridge carrying the said Railway No. 1 over the said canal shall be of such width on the square as to leave at the point of crossing the full width of the waterway of the canal and of its towing- path undiminished and in case the Corporation shall not at all times duly maintain the said bridge and other works the North Western Company may effect such maintenance and recover from the Cor-

poration the amount of their reasonable expenditure in that behalf:

(4) The Corporation shall not during the construction of the said Railway No. 1 over the canal and the towing- path thereof and the works connected therewith and — during any future repairs thereof reduce the unin- terrupted navigable width of water in the canal to less than thirty feet nor the clear width of towing- B3 21

Page 22

(Ch. exlv.) Huddersfield Corporation [10 & 11 Guo. 5. (General Powers) Act, 1920.

AD. 1920. path to less than ten feet nor the clear headway above ee : the top water level of the canal at the point of crossing to less than ten feet :

(5) The Corporation shall before they commence the construction of so much of Railway No. 1 and all works in connexion therewith as shall or may pass — over or under or in any way affect the property of the North Western Company submit to the said engineer plans sections and specifications of the works proposed to be carried out by the Corporation for the reasonable approval of the said engineer Provided that if the said engineer shall for the space of one month fail to signify to the Corporation his disapproval of the said plans sections and specifications he shall be deemed to have approved thereof and such portion of the said Railway No. 1 and all works necessary or incident to the construction thereof or affecting the property or works of the North Western Company shall be constructed only according to such plans sections and specifications as shall be approved as aforesaid and under the superintendence (if the same be given) and to the reasonable satisfaction of the said engineer and at the costs charges and expenses in all respects of the Corporation :

(6) The Corporation shall _ before commencing the construction or the structural alteration renewal or maintenance of the said Railway No. 1 so far as the same affect the railway or canal of the company give (except in case of emergency) twenty-eight days’ previous notice in writing to the North Western Company of their intention to commence such works and in case of emergency the Corporation shall give to the North Western Company the longest notice which they can reasonably give having regard to the urgency of the repairs to be executed and such notice shall be accompanied by a sufficient description of the works proposed to be carried out:

(7) The Corporation shall at their own expense construct and at all times maintain the said Railway No. 1 and all the works. both temporary: and permanent

Page 23

[10 & 11 Guo. 5.] Huddersfield Corporation (Ch. exlv.] 4 1 : (General Powers) Act, 1920.

necessary and incident to the construction thereof AD. 1990. so far as such works affect the property and works of — the North Western, Company in substantial repair and good order, and condition to the reasonable satisfaction of the said engineer and if and whenever the Corporation shall fail so to do or in case of emergency the North Western Company after giving reasonable notice to the Corporation may make and do in and upon as well the lands of the Corporation as their own lands all such works and things as may be requisite and their reasonable expenditure . in that behalf shall be repaid to them by the Corporation :

(8) Notwithstanding the approval of plans sections and specifications or supervision by or completion to the satisfaction. of the said engineer as aforesaid and notwithstanding the compliance by the Corporation with the provisions of this section if during the execution and by reason of any of the works herein- before referred to the said railway and canal of the North Western Company or any of the works con- nected therewith respectively or any lands or pro- perty of that company shall be injured or damaged such injury or damage shall forthwith be made good by the North Western Company who may recover the amount reasonably expended in so doing from the Corporation : I

(9) The Corporation shall not in making and maintaining I the said Railway No. 1 in any manner obstruct hinder or interfere with the free uninterrupted and safe user of the railway canal and property of the _ North Western Company or any traffic thereon except as herein provided for and if at any time or times hereafter the free and uninterrupted and safe user of the railway or canal of the North Western Company or any traffic thereon shall be obstructed hindered or interfered with contrary to the provisions of this section the Corporation shall notwithstanding any approval as aforesaid pay to the North Western Company all reasonable costs and expenses to which that company may be put as well as full compensation B4 23

Page 24

Pe ae at a 1 4 [Ch. cxlv.] Huddersfield Corporation [10 & 11 Gao. 5.] (General Powers) Act, 1920. I

A.D, 1920. the loss sustained by them by reason of any such interruption or interference :

(10) Notwithstanding anything contained in this Act the Corporation shall be responsible for and make good to the North Western Company all costs charges losses damages and expenses which may be occasioned to their railway Canat works lands or property or to any person or persons using the same by reason of the construction alteration maintenance or failure of the said Railway No. 1 or of any act or omission of the Corporation or of any of the persons in their employ or of their contractors or others and the Corporation shall effectually indemnify and_ hold harmless the North Western Company from all claims and demands upon or against them by reason of such construction alteration maintenance failure or omission :

(11) Nothing in this Act shall authorise the Corporation to make any street improvement under the viaduct belonging to the North Western Company and to that company and the Lancashire and Yorkshire Railway Company and the Corporation shall provide and maintain gates at the entrances to the arch under such viaduct and keep such gates shut and fastened when Railway No. 1 authorised by this Act is not being used : I (12) No apparatus shall be fixed to any bridge or other property of the North Western Company or of that company and the Lancashire and Yorkshire Railway Company without their consent in writing In the event of Railway No. 1 being worked by electricity on. the overhead wire system the Corporation shall (if and when it is required under the existing powers of the said companies or either of them to widen re-construct alter repair or paint any bridge under which any electric wire of the Corporation has been placed) in order to ensure the safety of the workmen employed in such widening re-construction alteration repairing or painting cut off the electric current from the wires under such bridge at such time as shall be reasonably required by the said engineer unless the 24

Page 25

[10 & 11 Go. 5.] Huddersfield Corporation (General Powers) Act, 1920.

(Ch. 4 1 2

Corporation shall have previously adopted some other A.D. 1920. means of protection to workmen which shall have ~~" been approved by the said engineer :

(13) During the construction of the said Railway No. I| the Corporation shall bear and on demand pay to the North Western Company the reasonable expense of the reasonable employment by them of a sufficient number of inspectors to be appointed by them for inspecting the said works and for preventing as far as may be all interference obstruction danger and accident arising from any of the operations of the Corporation or from the acts or defaults of their contractors or of any person or persons in their employ. or otherwise and the Corporation shall at all times give ample facilities to the said engineer and his assistants or inspectors for access to the said works and shall also furnish him or them with every information he or they may reasonably require with regard to such works or the method of construction © thereof :

14) If the North Western Company shall at any time the construction of the said works desire in the exercise of their existing powers to alter or extend their railways or canal or any of the works or con- veniences connected therewith the Corporation shall give to the North Western Company every reasonable’ facility for the execution of such alteration or extension and any additional expense which the North Western Company may reasonably incur in the exercise of their existing powers owing to the existence of the said works in carrying out any such alteration or extension of the railway or canal by reason of the construction of the said works shall be repaid to them by the Corporation:

(15) Except as otherwise provided in subsection (1) of this section if any difference shall arise under this section between the Corporation and the North Western Company or their respective engineers such difference shall be referred to and be determined by an engineer to be appointed on the application of either party by the President of the Institution of Civil Engineers 25

Page 26

416

A.D. 1920.

meee

For protec-

tion of Lancashire and York- shire and London and North Western Railway

Companies.

For protec-

tion of Lancashire and York- shire Rail- way Com-

pany.

H Corporation. [10 & 11 Guo. 5.]

[Ch. éxlv.] (General Powers) Act, 1920. and subject thereto the provisions of the Arbitration Act 1889 shall apply to any such arbitration.

23. The provisions of the section of this Act whereof the marginal note is “‘ For protection of London and North Western Railway shall so far as applicable extend to and include the viaduct and road belonging jointly to the Lancashire and Yorkshire Railway Company and London and North Western Railway Company and shall in respect thereof take effect for the benefit of those companies.

24. For the protection of the Lancashire and Yorkshire Railway Company (in this section referred to as “ the company ”’) the following provisions shall unless otherwise agreed between the Corporation and the company be observed and have effect in relation to the exercise of the powers of this Act (that is to say) :— (1) In this section the expression “authorised works ” means the tramways authorised by this Act and all electric mains wires conductors posts tubes boxes apparatus and any similar appliances to be used for the purposes of the supply of motive power for the carriages running on the said tramways and includes also any brackets wires and. apparatus for the purposes of such apparatus :

.2) All authorised works where the same shall be made upon across or over any bridge or the approaches thereto or other work or upon any premises belonging to or maintainable by the company or will otherwise affect the same shall be executed so as not to interfere with the structure of any such bridge approaches or other work or the property of the company and according to plans sections and specifications to be previously. submitted to and reasonably approved by the company or in case of difference between them and the Corporation by an arbitrator to be appointed as hereinafter provided Provided that if the company do not within twenty-eight days after such submission signify their disapproval of such plans sections and specifications they shall be deemed to have approved thereof All such authorised works shall be executed

the superintendence (if the same be given) 26

Page 27

[10 & 11 Guo. 5.] Huddersfield Corporation exlv.]

(General Powers) Act, 1920.

and to the reasonable satisfaction of the company The Corporation shall so maintain and use the author- ised works as not to injuriously affect any such bridge approaches or work or the ee of the company :

(3) The Corporation shall on demand pay to the company

the reasonable expense of lighting and watching the works of the company during the execution or repair by the Corporation of any of the authorised works affecting any railway belonging to the company for preventing all interference obstruction danger and accident from any of the operations or from the acts or defaults of the Corporation or their contractors or any person in the employ of either of them:

(4) The Corporation shall not in the execution maintenance

user or repair of any of the authorised works obstruct or interfere with the free uninterrupted and safe user of any railway or other work belonging to the company or any traffic thereon:

The Corporation shall be responsible for and make good

to the company all losses damages and expenses which may be occasioned to the company or any of their works or property or to the traffic on their

railways or to any company or person using the same I

by or by reason of the execution failure maintenance user or removal of any of the authorised works or by or by reason of any act default or omission of the Corporation or of any person in their employ or of any contractors for the intended works or any part thereof and the Corporation shall effectually indemnify and hold harmless the company from all claims and demands upon or against them by reason of such

~ execution failure maintenance user or removal or of

(6) If

any such act default or omission :

by reason of the construction of the authorised works over any such bridge or other work of the company or the user of the authorised works it becomes necessary to strengthen any such bridge or other work the company shall give notice accom- panied by sufficient plans and specifications. to the Corporation of such works as may be reasonably i 27

ALT

A.D. 1920.

Page 28

4 I 8 [Ch. exlv.] Huddersfield Corporation [10 & 11 Guo. 5.1 (General Powers) Act, 1920.

A.D, 1920. necessary and may after fourteen days from the = date of the notice or forthwith in case of emergency . proceed with all due despatch to execute such works as may be reasonably necessary in that behalf and the reasonable expense of so doing shall be repaid to them by the Corporation:

(7) If the company in the exercise of their existing powers shall hereafter require either to widen lengthen strengthen re-construct alter or repair any such bridge upon which the authorised works are con- structed or the approaches thereto or to widen or alter any railway thereunder and it shall be necessary for such purpose that the working or user of any part of the authorised works upon such bridge or approaches be wholly or in part stopped or delayed or that such part of the authorised works be tem- porarily taken up diverted or removed and if the company accordingly give.to the Corporation twenty- eight days’ notice in writing (or in case of emergency such notice as may be reasonably practicable) requiring such stoppage delay taking up diversion or removal then the working or user of such part of the authorised works shall be stopped or delayed or such part of the authorised works shall be taken up diverted or removed as stated in such notice at the reasonable expense of the Corporation and under their superintendence (if they shall give such superinten- dence) but no such working or user shall be stopped or delayed for a longer period than may be necessary for effecting such purpose as aforesaid and such part of the authorised works shall be. restored with all practicable despatch but the company shall not be ° liable to pay compensation in respect of such stoppage delay or taking up diversion or removal :

(8) The Corporation shall from time to time pay to the company any additional expense which the company may reasonably incur in effecting such widening lengthening strengthening re-constructing altering or repairing as is mentioned in the last preceding sub- section or in the maintenance of any bridge approach

_or other work of the company by reason of the 28 I

Page 29

419

[10 & 11 Gro. 5.] Huddersfield Corporation [Ch. exlv.] (General Powers) Act, 1920.

existence or user of the authorised works Provided A.D. 1920. always that where the necessity for such strengthening ae alteration or repair is wholly due to the construction or user of the authorised works the Corporation shall repay to the company the whole cost of the works as hereinbefore provided : :

(9) If having regard to the proposed position of any of the authorised works when considered in relation to the position of the works of the company at any point I where the authorised works will be constructed over the railway or other works of the company it becomes necessary in order to avoid danger from the breaking or falling of wires that the electric telegraphic telephonic or signal cabins posts wires or apparatus of the company shall be altered the company may execute any works reasonably necessary for such alteration and the reasonable expense of executing such works shall be repaid to the company by the Corporation :

(10) The Corporation shall not for the purposes of this Act make attachments to any part of any such bridge without the consent in writing of the engineer of the company such attachments if allowed to be in all respects subject to the approval of the said engineer and to be temporarily removed at any time when required by him in connexion with the maintenance and reconstruction or alteration of any such bridge :

(11) When any tramway by this Act authorised will pass in front of an entrance to any passenger or goods station or in front of an approach road to any station of the - company no additional crossing or passing-place siding junction turnout or other work shall be made for or in connexion therewith for the distance thereon ex- tending in front of any such entrance or approach road and for a length of ten yards at each end of such distance without the consent of the company and without such consent no carriage used on the tram- ways shall be stopped or permitted to be stopped within such distance and lengths except in the case of any passenger station and then only for so long as shall be reasonably necessary for the purposes of I discharging and taking up passengers : 29

Page 30

420

A.D. 1920.

For protec- tion of West Riding County Council.

[Ch. cxlv.] = Huddersfield Corporation [10 & 11 5.]

(General Powers) Act, 1920.

(12) If any difference arises under this section between the

Corporation and the company or their engineer the same shall unless otherwise agreed be settled by arbitration under the provisions of the Arbitration Act 1889 by an engineer to be appointed by the President of the Institution of Civil Engineers at the request of either party. ,

25. The following provisions for the protection of the county council of the west riding of Yorkshire (in this section called “the county council’’) shall unless otherwise agreed in writing apply and have effect with respect to the construction of tramways on main roads and bridges repairable by or at the expense of the county council :—

(1) The provisions of subsections (6) (7) (8) (9) (10) (11)

(12) and (13) of section 19 of the Act of 1913 shall apply to the tramways authorised by. this Act to be constructed on any main road :

(2) The tramways shall not be constructed on the under-

mentioned roads until the portions of such roads mentioned in the following table shall have been widened so that the carriageway shall be of not. less width than thirty-three feet where the tramway is constructed as a double line and twenty-seven feet where the tramway is constructed as a single line (that is to say) :—

T Main Road. Length to be widened, ramway.|: 2 Dewsbury and Elland - - I From commencement to termination of tramway. 7 Bradford and Huddersfield - I From commencement of tramway to 1 mile 5°37 chains distant.

Provided that—

(a) Where the widening of either of the said roads to the full extent hereinbefore specified would involve thé acquisition of any house or building or any part thereof such widening shall not be required to any greater extent than shall be

practicable without such acquisition ; a0

Page 31

[10 & 11 Gro. 5.| Huddersfield Corporation [Ch. exlv.] 42 i (General Powers) Act, 1920. I

(6) The county council shall contribute one-third A.D. 1920. of. the cost of the making by the Corporation and the Brighouse Corporation or either of them of any widening required by this subsection in cases where the acquisition of any land shall be necessary for the purpose of such widening :

(3) In carrying out such widenings a proper foundation shall be formed to the reasonable satisfaction of the county council and the portions added to the road shall be macadamized and made good to their satisfaction with the same materials as the adjoining existing road and proper provision shall be made for drainage (where practicable) and fencing (where necessary) and all such works shall be carried out in conformity with plans sections and specifications to be reasonably approved by the county council :

Provided that if the county council do not within twenty-eight days after receipt by them of such plans sections and specifications signify their approval or disapproval thereof or give their directions in relation thereto they shall be deemed to have approved thereof :

(4)—(a) Before commencing to construct any tramway on any bridge repairable by the county council the Corporation shall deliver to the county council a plan section and specification showing the proposed position (if altered from that shown on the deposited plans) and mode of construction If the county council have any objection to the construction ‘of the tramway in accordance with such plan they shall give notice thereof in writing to the Corporation and any differ- ence arising between them in regard thereto shall be determined as hereinafter provided but if the county council do not give such notice within fourteen days after receiving the said plan they shall be taken to have agreed thereto :

(b) The Corporation shall not without the consent in writing of the county council execute in the construc- tion or alteration of any tramway any works which affect or interfere with the structural works of anv such bridge; oe Oh

Page 32

“499 ;

A.D. 1920.

Definition of road authority in this Part of Act.

powers for running omnibuses.

[Ch. cxlv.] Huddersfield Corporation [10 & 11 Guo. 5.] (General. Powers). Act, 1920. I

(c) The Corporation shall not without the consent in writing of the county council place erect or attach any post or other support for any wire or any feeder box on or to the structure of any such bridge which consent shall not be unreasonably withheld :

(5) If any difference arises between the Corporation aad the county council under this section such difference shall be referred to and determined by an arbitrator to be appointed failing agreement by the President of the Institution of Civil Engineers on the application of either party and the provisions of the Arbitration Act 1889 shall apply to any such reference and determination.

Part III,

OMNIBUSES.

26. For the purposes of this Part of this Act the expression ‘road authority ” shall mean the authority company or person under obligation to maintain and repair the road or part of a road over which any omnibus service will pass and the expression “road ”’ includes any bridge carrying a road Provided that in case of a main road repaired by a district council in pursuance of a contract with a county council made under subsection (4) of section 11 of the Local Government Act 1888 the county council shall be the road authority for the purposes of this Part of this Act.

27.—(1) In addition to their powers under Part V. (Motor omnibuses) of the Act of 1913 the Corporation may run omnibuses

along the following routes (that is to say) :—

Route A (Nont Sarah’s) In the urban district of Scam- monden along New Hey Road and the Huddersfield and Rochdale Road to the Nont Sarah’s Hotel :

Route B (Golcar) In the urban district of Golcar along Market Street Scar Lane Knowl Road and Church Street to Town End:

Route C (Meltham) In the urban districts of South Crosland and Meltham along Meltham Road Woodfield Road Huddersfield and Meltham Road Towngate to the Market Place Meltham : 32

Page 33

[10 & 11 Guo. 5.] Huddersfield Corporation [Ch. cxlv.] I (General Powers) Act, 1920.

Route D (Mirfield and Ravensthorpe) In the parishes of Clifton and Hartshead in the rural district of Halifax in the urban district of Mirfield and in the borough of Dewsbury along Leeds Road North Cooper Bridge Road Dewsbury and Elland Road East Thorpe Lane Park Bottom Dewsbury and Elland Road and Huddersfield Road to a point 4 chains or thereabout south-west of Walter Street :

Route E (Lepton) In the urban district of Lepton along the Wakefield and Austerlands Road to the Red Lion Inn:

Route F (Kirkburton) In the urban districts of Lepton and Kirkburton along the Wakefield and Austerlands Road Penistone and Huddersfield Road Dogley Lane Ponty North Road and George Street to Shelley Lane :

Route G (Holmfirth Holmbridge &c.) In the urban districts of Honley and Holmfirth along Huddersfield Road and

423

A.D. 1920.

Sa mete

- Woodhead Road to a point about 1-50 chains south of -

the bridge over the River Holme:

Route H (Newmill) In the urban districts of Honley Thurstonland and Newmill along Newmill Road to Christ Church Newmill.

(2) The Corporation may also with the consent of the Minister of Transport and of the road authority including (in the case of a main road in the west riding of Yorkshire) the county council run omnibuses along any other road :

Provided thatjthe Corporation shall not under the powers of

this subsection—

(a) Without the consent of the Yorkshire (Woollen District)

Electric Tramways Limited (in this section called

“the company ”’) run omnibuses along any road in —

which any part of the tramways or light railways _ owned. by or leased to the company at the date of the passing of this Act is situate or in competition with such tramways or light railways or any of them during such period as the same are owned by or leased to the company :

(6) Run motor omnibuses in the borough of Halifax without the consent of the mayor aldermen and burgesses of that borough or along any road outside the borough C 33

Page 34

424

A.D. 1920.

qe

[Ch. exlv.] Huddersfield Corporation [10 & 11 Guo. 5.] (General Powers) Act, 1920.

where the said mayor aldermen and burgesses have or are for the time being authorised to have tramways or in competition with any such tramways.

Any question as to whether. there is such competition shall be referred to and determined by the Minister of Transport :

Provided also that the consent of a road authority or of the county council under this section shall not be unreasonably withheld and may be given subject to any reasonable conditions Any difference as to whether or not any such consent is unreasonably withheld or whether any conditions sought to be imposed are reasonable shall be determined by the Minister of Transport.

(3) In the case of any application under the provisions of this section for the consent of the Minister of Transport the

‘Corporation shall give notice in writing of their proposals to the

local authority of every district in which the service of omnibuses

is to be run and shall publish notice of such proposals in the

London Gazette and in such other manner as the Minister of — Transport shall direct stating the manner in which and the time within which any persons affected by such proposals may object thereto and if any objection shall be made by any such person the Minister of Transport may direct an inquiry to be held under

the provisions of section 20 of the Ministry of Transport Act 1919.

Conditions as to run- ning of motor omnibuses.

(4) The Corporation may demand and take such fares and charges for the conveyance of passengers in omnibuses run in pursuance of section 38 (Power to provide and run omnibuses) of the Act of 1913 and of this Act as they may determine not exceeding such maximum fares and charges as may be approved by the Minister of Transport.

(5) The provisions of subsections (2) to (6) of the said section 38 of the Act of 1913 and of section 39 (Separate accounts of omnibus undertaking to be kept) shall extend’ and apply mutatis mutandis to and in relation to the omnibuses which the Corporation are authorised by this Act to run.

28.—(1) The Corporation shall in every year pay to the road authority for any road on which any motor omnibus service under this Act is provided by the Corporation towards the cost of the maintenance of such road such sum (if any) per car mile run over such road by the omnibuses of the Corporation during 34

Page 35

_& 11 Guo. 5.] Huddersfield Corporation [Ch. cxlv.] (General Powers) Act, 1920.

such year as may be agreed between the Corporation and the road authority or (failing agreement) determined by the Minister of Transport after hearing the Corporation and the road authority and in the case of a main road in the west riding of Yorkshire the county council Any such sum shall be agreed or determined as aforesaid before the Corporation commence to run omnibuses over such road.

(2) The Corporation shall keep statements for the purposes

of this section showing in proper detail the mileage run by each

~ omnibus on such road and shall furnish copies of such statements annually to the Minister of Transport and to the road authority and the Corporation shall allow any person duly authorised by the Minister of Transport or the road authority in that behalf

at all reasonable times to inspect and take copies of all such.

I statements.

(3)—(a) Before the Corporation commence to run omnibuses over any road or part of a road it shall be determined by agree- ment between the Corporation and the road authority or failing agreement by the Minister of Transport after hearing the Corporation and the road authority and in the case of a main road in the west riding of Yorkshire the county council whether it is necessary. (in order to provide for the running under the powers of this Act of an omnibus service over any such road or part of a road) to adapt alter or reconstruct such road or part of a road or to strengthen any county bridge and if so what sum (if any) per mile of road. so to be adapted altered or reconstructed or what sum (if respect of any such bridge shall be payable by the Corporation to the road authority by way of contribution towards the cost incurred in such adaptation alteration reconstruction or strengthening.

(6) Within six months after the date upon which all questions to be agreed or determined in pursuance of paragraph (a) of this subsection have been so agreed or determined the Corporation _ shall give notice in writing to the road authority as to whether they intend to run omnibuses over the road or part of a road or bridge in question. I (c) If the Corporation give notice in writing to the road authority that they intend to run omnibuses over the road or part of a road or bridge in question and if it shall have been agreed or determined that the Corporation are to make any pay-

ment to the road authority under the provisions of paragraph

C 2 _ Bb

425

A.D. 1920.

Page 36

426

A.D. 1920.

ee

[Ch. cxlv.] 3 Huddersfield Corporation [10 & 11 Guo. 5.] I (General Powers) Act, 1920. I

of this subsection the Corporation shall on receipt of any certificate which may from time to time be issued by the engineer in charge of the work of adaptation alteration or reconstruction of such road or part of a road or of strengthening such bridge pay to the road authority such proportion of the total amount of the contribution agreed or determined to be payable by the Corporation as the amount so certified to have been expended upon such work bears to the total amount estimated to be expended by the road authority on such work Provided that the aggregate amount to be so paid by the Corporation shall not exceed the amount of the contribution agreed or determined to be payable by them as aforesaid.

(d) Notwithstanding anything in this ane i the Can poration shall not be required to pay any sum in respect of any work towards or in respect of the adaptation alteration or reconstruction of any such road or part of a road or the

- strengthening of any bridge which is not executed within three

years from the date on which the Corporation shall commence to run omnibuses over the road or part of a road to be adapted altered or reconstructed or over the bridge to be strengthened.

(e) Except as provided by paragraph (c) of this subsection not more than one payment or (in the case of a payment by instalments) one series of payments shall be made in respect of any such road or part of a road so adapted altered or reconstructed‘ or of any such bridge so strengthened.

(f) For the purposes of this ‘subsection the expression ‘county bridge” shall include every bridge maintainable by a

-county council and in respect of sush bridge the county council

shall be deemed to be the road authority.

(4)—(a) No such agreement as is referred to in subsection (1) I or subsection (3) of this section shall as respects any main road be made except with the concurrence of the county council.

(b) Any payment made to a road authority under the said subsections (1) and (3) in respect of any such road shall be credited — to the county council in ascertaining the amount payable by

them under subsection (2) of section 11 of the Local Government Act 1888.

(5) If any such adaptation alteration reconstruction or strengthening as aforesaid shall involve an alferation of any —

telegraphic line (as defined by the Telegraph Act 1878) belonging ae

Page 37

[10 & 11 Guo. 5.] Huddersfield Corporation {Ch. exlv.] (General Powers) Act, 1920.

AQT

to or used by the Postmaster-General the enactments contained A.D. 1920.

in section 7 of the Telegraph Act 1878 shall apply to any such.

alteration and the road authority shall be deemed to _ be ‘‘ undertakers ’’ within the meaning of the said Act Provided that any expenditure incurred by the road authority in connection with any such alteration shall be deemed part of the cost of adaptation: alteration or reconstruction of the road.

(6) The road authority shall not under section 23 of the Highways and Locomotives (Amendment) Act 1878 as amended by section 12 of the Locomotives Act 1898 or otherwise make any claim against the Corporation in respect of extraordinary traffic by reason of the user of any road over which any motor omnibus is run under the powers of this Act.

(7) The Minister of Transport may at the expiration of seven years from the passing of this Act and at the expiration of any subsequent period of seven years revise the amount of any sum per car mile payable by the Corporation under the provisions of this section in respect of the road or part of a road run over and in the event of any alteration in the licence duties payable in respect of motor omnibuses or the imposition of any new or additional taxation on road vehicles in the present or any future session of Parliament or in the event of other relief being afforded to the road authority out of the proceeds of taxation or otherwise the Corporation or the road authority including (in the case of any main road) the county council may apply to the Minister of Transport for the revision or cesser of any payments under the provisions of this section and the Minister of Transport may

after considering any objections addressed to him by the parties

affected suspend modify or determine the provisions of this

section or any payments in pursuance thereof as he may think fit.

(8) Nothing in this Act shall impose or enlarge any obligation I on any railway or canal company to strengthen adapt alter or I

reconstruct any bridge maintainable by them.

(9) In this section “‘ the county council”? means the county council of the west riding of Yorkshire.

29.—(1) The powers of. running motor omnibuses under As to cesser the provisions of this Act on any road or part of a road may ° Powers.

at the expiratién of ten years from the date on which such

running commences and at the expiration of any subsequent C 3 37

Page 38

428

A.D. 1920.

ry eR

Provision in event of cer- tain powers not being exercised within limited period.

Power to — make street improve- ments.

tCh. cxlv.] Huddersfield Corporation [10 & 11 Guo. 5.]

(General Powers) Act, 1920.

period of ten years be determined by the Minister of Transport the application of the local authority of the district in which

such road or part of a road is situate upon such terms as the said Minister may determine.

(2) Before issuing an order to determine the said powers the Minister of Transport shall hold a local inquiry at which opportunity shall be afforded to any person interested to object to the continuance or cesser of such powers. —

30. If the do not within a seid of three years from the passing of this Act provide a service of omnibuses on any route described in the section of this Act of which the marginal note is “ Further powers for running omnibuses’”’ or having provided shall discontinue such service the Minister of Transport may on the application of any local authority within whose district the route is situate and after considering any representation which may be made on behalf of the Corporation by order declare that unless a service of omnibuses be provided within such period as the Minister of Transport may by such order prescribe the powers of the Corporation under this Act in respect of the provision and running of omnibuses on such route or part of such route shall determine and if within the prescribed period such service be not provided as from the expiration of such period the powers of the > Corporation under this Act in relation to the provision and running of omnibuses on such route or part of a route shall cease :

Provided that this section shall not ie o or have effect in

the event of the failure of the Corporation to provide a service of -omnibuses on any route being due to strikes unforeseen accident

or circumstances beyond the control of the Corporation.

Part IV.

STREET IMPROVEMENTS.

31. Subject to the provisions of this Act the Corporation may in the lines and according to the levels shown upon the deposited plans and sections relating thereto make and maintain the street improvements and new: street hereinafter mentioned with all proper and necessary works junctions connections 38 I I

Page 39

110 & 12 Giro? + Hudderafield Corporation [Ch. exlv.] (General Powers) Act, 1920.

approaches sewers drains and conveniences in connexion there- with (that is to say) :— I

429°

A.D. 1920.

Street Work No. 1 A widening in the borough of Beadiond

North and Netheroyd Hill Road on the west and:

south-west sides thereof respectively :

Street Work No. 2 A widening in the borough of of Clough Lane and New Hey Road on the north and south-east sides thereof respectively :

Street Work No. 3—(a) A new road in the borough of Brig- house commencing on the north-east side of Carr Green Lane at its junction with Crow Trees Lane and terminating by a junction with Crow’Trees Lane:

(0) A widening in the borough of Brighouse of Crow Trees

Lane on the south-east side thereof :

Street Work No. 4 A widening in the borough of Brighouse of Ogden Lane on the south-west side thereof :

Street Work No. 5 A widening in the borough of Brighouse of Ogden Lane and Rastrick Common on the north and. west sides thereof respectively :

Street Work No. 6 A widening in the borough of Brighouse of Gooder Lane on the south-east side thereof :

Street Work No. 7 A widening in the borough of Brighouse of Gooder Lane on the north-west side thereof :

Street Work No. 8 A widening under the London and North Western Railway Company’s viaduct commencing at a point -33 chain or thereabouts west of the intersection of the centre line of Viaduct Street and Beaumont Street

and proceeding in a westerly direction for a distance of 1 chain and there terminating.

32. For the purpose of carrying into effect the scheduled agreement the powers of this Act for the compulsory purchase of lands for and for the construction of such of the works authorised by this Part of this Act as will be situate in the borough of Brighouse and all powers and obligations connected therewith or incidental thereto shall be vested in and exerciseable by and shall attach to the Brighouse Corporation in like manner as if that corporation had in the first instance been authorised by his Act to make the said works and to purchase the said lands qd this Act shall be construed accordingly. I C4 ..

Powers exerciseable by Brig- house Cor- poration.

Page 40

430

A.D. 1920.

Power to acquire lands.

Period for compulsory purchase of lands.

Power to purchase additional lands by agreement.

Extinction of private rights of way.

For protec- tion of Midland Railway Company.

[Ch. cxlv.] Huddersfield Corporation [lo & 11 Gro. 5.) (General Powers) Act, 1920.

Part V.

LANDS.

_ 33. Subject to the provisions and for the purposes of this Act. (including the provision of space for the erection of buildings adjoining or near to any street) the Corporation may enter on take appropriate and use all or any of the lands delineated on the deposited plans and described in the deposited book of reference.

34. The powers of the -Corporation for the compulsory purchase of lands for the purposes of this Act shall cease after the expiration of three years from the passing of this Act.

35. The Corporation in addition to any other lands to be acquired by them in pursuance of this Act may by agreement purchase take on lease acquire and hold further lands for the purposes of this Act but the quantity of lands held by the Corporation in pursuance of this section shall not at any time exceed ten acres: :

Provided that the Corporation shall not create or permit the creation or continuance of any nuisance on any such lands.

36.—(1) All private rights of way over any lands which the Corporation are authorised by this Act to acquire compulsorily shall as from the date of the acquisition of such lands by the Corporation be extinguished. .

(2) Provided that the Corporation shall make full com- pensation to all persons interested in respect of any such rights and such compensation shall be settled in manner provided by law with reference to the taking of lands otherwise than by agreement.

37. The following provisions for the protection of the Midland Railway Company (in this section called ‘‘ the Midland Company ”’) shall unless otherwise agreed between the Corporation and the Midland Company apply and have effect :—

(1) Notwithstanding anything contained in this Act or shown. upon the deposited plans and sections the Cor- poration shall not enter upon take or use any lands

of the Midland Company or construct any works 40

dad asd baal 1920 10 Ua War. 6? +

“ge ara woe rh

Page 41

[10 & 11 Guo. 5.] Huddersfield Corporation (Ch. exlv.] (General Powers) Act, 1920.

upon or acquire any right in or easement over such A.D. 1920. lands or any part thereof save with the consent of nas the Midland Company under their common seal :

(2) All works to be constructed (with such consent ,as aforesaid) upon the lands of the Midland Company or which may affect the property of the Midland Company shall be constructed at the expense of the Corporation in accordance with such plans and speci- fications in such manner and upon such terms in every respect as may be agreed between the Corporation and the Midland Company and shall be maintained at the expense of the Corporation.

Part VI.

FINANCE.

38.—(1) The Corporation may from time to time independ- Power to ently of any other borrowing power borrow at interest for or borrow. in connexion with the purposes mentioned in the first column of the following table the respective sums mentioned in the second column thereof and they shall pay off all moneys so borrowed within the respective periods (each of which is in Act referred to as ‘“‘ the prescribed period’’) mentioned in the third column thereof (namely) :— 1 2 I 3

Period for Repayment to be calculated unless Purpose. Amount. otherwise stated from the Date or Dates of borrowing.

(a) For the purchase of lands for and the I £213,234 I 30 years. construction of the tramways and tram- road authorised by this Act. (b) For the provision and erection of posts £35,468 I 20 years. standards brackets conductors and other I : apparatus works and conveniences for the purposes of the tramways and tramroad authorised by this Act. (c) For the extension of the Corporation’s £55,000 I 40 years. car-shed and the provision of a motor garage. I (d) For the purchase of land and easements I £57,850 I 30 years. for and the construction and equipment of the railways authorised by this Act. (e) For the provision of tramway and railway £17,000 I 15 years. rolling stock.

41

Page 42

432

A.D. 1920.

Extension of powers as to temporary borrowing.

[Ch. exlv.] Huddersfield Corporation [10 & 11 Gro. 5.] (General Powers) Act, 1920.

1 2 on

Period for Repayment to be calculated unless

Purpose. Amount. otherwise stated from I the Date or Dates of borrowing. (f) For the provision of motor omnibuses. £18,780 I 8 years.

(g) For the purchase of lands for Street I The sum I 60 years. Works Nos. 1 and 8 authorised by this Act. I requisite. I (h) For the construction of those street works I = £880 I 50 years. (1) For the payment to the Brighouse Cor- £1,500 I 50 years. poration of the sum payable to them under clause 7 of the scheduled agreement. (7) For the provision of buildings for cold air £10,000 I 60 years. storage and for ice making machinery. (k) For the provision of refrigerators ice- £15,000 I 20 years. making machinery and other plant for those purposes. (1) For paying the costs charges and expenses I The sum I 5 years from the pass- of this Act. requisite. ing of this Act.

(2)—(a) The Corporation may also with the consent of the Minister of Transport borrow such further money as may be necessary for any of the purposes of Part II. (Tramways and railways) and Part III. (Omnibuses) of this Act and with the consent of the Minister of Health such further money as may be necessary for any of the other purposes of this Act.

(6) Any money borrowed under this subsection shall be repaid within such period (in this Act referred to as ‘“‘ the prescribed period ’’) as may be prescribed by the Minister with whose consent the money is borrowed.

(3) In order to secure the repayment of any money borrowed under this section and the payment of interest thereon the Corporation may mortgage or charge the borough fund and the borough rate and as regards money borrowed for the purposes (a) (6) (c) and (e) hereinbefore mentioned. or any purposes of the tramway undertaking of the Corporation the revenue of that undertaking and as regards money borrowed for motor omnibuses the revenue of their omnibus undertaking.

39. Section 99 (As to temporary borrowing) of the Act of 1913 shall have effect as if for subsection (7) of that section the following provision were substituted (namely) :-— I

(7) The provisions of this section shall cease to be in force

at the expiration of eleven years from the thirty-first 42

Page 43

[10 & 11 Geo. 5.] Huddersfield Corporation (Ch. exlv.] (General Powers) Act, 1920.

day of March nineteen hundred and fourteen unless they shall have been continued by Act of Parliament or by an order made by the Minister of Health which order the Minister is hereby empowered to make and in the event of the Minister making any such order he is hereby empowered to make such modifications -.or amendments in the provisions of this section as may appear to be necessary or desirable.

40.—(1) The Brighouse Corporation may from time to time independently of any other borrowing power borrow at interest—

(a) For the purchase of lands for the street improvements

which are authorised by this Act and which are to be

executed by the Brighouse Corporation in pursuance of the scheduled agreement such sum as may be required ;

(b) For the construction of the said the improvements the sum of nine thousand eight hundred and one

pounds :

And with the consent of the Minister of Transport such further money as may be necessary for any of the purposes of this Act for which the Brighouse Corporation require to borrow.

(2) In order to secure the repayment of the money borrowed under this section and the payment of the interest thereon the _ Brighouse Corporation may mortgage or charge the district fund and general district rate of their borough Provided that the provisions of this subsection shall not limit the powers conferred upon the Brighouse Corporation by section 92 (Power to use one form of mortgage) of the Brighouse Corporation Act 1907.

(3) The Brighouse Corporation shall pay off all money borrowed by them under this Act within the respective periods (in this Act referred to as ‘“‘ the prescribed periods ’’) following (that is to say) :— As to money borrowed for the purpose (a) hereinbefore mentioned within sixty years the date or dates of borrowing ; As to money borrowed for thes purpose (b) hereinbefore mentioned within fifty years from the date or dates of

borrowing ; 43

4535

A.D. 1920.

Power for Brighouse Corporation to borrow.

Page 44

454

A.D. 1920.

[Ch. cxlv.] Huddersfield Corporation [10 & 11 Guo. 5.] (General Powers) Act, 1920.

As to money borrowed with the consent of the Minister of Transport within such period as he may determine.

(4) The following sections of the Brighouse Corporation Act 1895 and the Brighouse Corporation Act 1907 shall with any necessary modifications and subject as regards mortgages granted under section 92 of the said Act of 1907 to the provi- sions of that section extend and apply to the exercise of the powers of this Act as if the same were re-enacted in this Act (namely) :— I

Brighouse Corporation Act 1895— Section 134 (Power to sell lands) ;

Section 135. (Proceeds of sale of surplus lands to be treated as capital) ; I

Section 148 (Inquiries by Local Government Board) : Brighouse Corporation Act 1907—

Section 80 (Mode of raising money) ;

Section 81 (Provisions of Public Health Act 1875 as to mortgages to apply) ;

Section 82 (Mode of payment off of money borrowed) ; Section 83 (Sinking fund) ; Section 84 (Protection of lender from necessity of inquiry) ; Section 85 (Corporation not to regard trusts) ; Section 86 (Appointment of receiver) ; Section 87 (Power to re-borrow) ;

Section 88 (Return to Local Government Board 4s to repayment of debt) ;

Section 89 (Application of money borrowed) ;

Section 90 (Exclusion of certain loans from calculation under Public Health Act 1875);

Section 94 (Expenses of execution of Act); Section 95 (Audit of accounts).

(5) Where under the provisions of any Act of Parliament or of any Order confirmed by or having -the effect of an Act of Parliament or of any order made under any such Act or Order the Brighouse Corporation are empowered or required to form

a sinking fund for the payment off of money borrowed then if +t

Page 45

{10 & 11 Guo. 5.] Huddersfield Corporation [Ch. cxlv.]

(General Powers) Act, 1920.

the sinking fund is an accumulating sinking fund the rate for the investment of the fund on which the amount of the annual payments to the fund is based shall-be for a period of ten years from the passing of this Act three pounds ten shillings per centum per annum and in respect of money borrowed thereafter three pounds per centum per annum or in either case such higher rate as the Ministry of Health may from time to time approve.

41. Any expenses of the execution by the Corporation of this Act with respect to which no other provision is made shall be defrayed by the Corporation out of the borough fund or out of the revenue of their respective undertakings as the Corporation having regard to the nature of the expenditure shall deem just.

Part. VIL.

MISCELLANEOUS.

42. Section 7 (As to annual statement of accounts) except ‘subsection (5) thereof of the Huddersfield (Extension to Golcar) Electric Lighting Order 1904 which was confirmed by the Electric Lighting Orders Confirmation (No. 3) Act 1904 is hereby repealed.

43. The Corporation may instal purchase take on lease or provide and maintain and use ice-making machinery refrigerators and cold air stores together with all necessary buildings plant machinery appliances works and conveniences in connexion therewith and may let the whole or part thereof or permit the use thereof subject to such terms and conditions as they may think fit.

44. The provisions of section 121 (Extent to which occupiers liable in default of owners) of the Huddersfield Waterworks and Improvement Act 1876 shall extend and apply to the water rents and water rates in all cases where the owners of premises are primarily liable to the payment thereof.

45. The following enactments shall extend and apply to and for the purposes of this Act as if the same with any necessary modifications were re-enacted in this Act (namely) :—

Huddersfield Tramways and Improvement Act 1890—

Section 35 (Sinking funds may be adjusted in certain

events) ; 45

435

A.D. 1920.

Expenses of execution of Act.

Repeal of section 7 of Electric Lighting Order of 1904.

Provision of ice-making machinery and cold air stores.

Liability of occupiers for water rents in default of owners.

Application of existing enactments.

Page 46

AZEG

[Ch. exlv.] Huddersfield Corporation [10 & 11 Guo. 5.] (General Powers) Act, 1920. I

A.D. 1920, Section 38 (Annual return to Local Government Board oe with respect to sinking fund) ;

Section 40 (Application of moneys borrowed) :

Huddersfield Corporation Act 1897— Section 40 (As to sinking fund);

Section 42 (Corporation not to regard trusts) :

Huddersfield Corporation Tramways Act 1900— Section 59 (As to moneys raised by Corporation stock) : Section 63 (Protection of lenders from inquiry) ; Section 66 (Audit of accounts) ;

Section 67 (Inquiries by and expenses of Local Govern- ment Board):

Huddersfield Corporation Act 1902— Section 47 (Provisions as to mortgages) ; Section 56 (Authentication and service of notices); Section 58 (Informations by whom to be laid); Section 59 (Compensation how to be determined) ; . _ Section 61 (Recovery of penalties &c.) : Huddersfield Corporation Act 1906—

Section 30 (Limits of lateral and vertical deviation for street works) ; I

Section 31 (Power to make subsidiary works) ; Section 32 (Power to alter steps areas pipes &c.);

Section 33 (Corporation empowered or may be required to underpin or otherwise strengthen houses near works) ;

Section 34 (Temporary stoppage of streets) ;

Section 37 (Persons under disability may grant easements &e.) 5

Section 38 (Owners may be required to sell parts only of certain lands and buildings) ;

Section 41 (Correction of errors &c. in deposited plans and book of reference) ;

Section 42 (Power to retain sell &c. lands); 46

Page 47

Meee ee et *

[10 & 11 Guo. 5.] Huddersfield Corporation [Ch. cxlv.] (General Powers) Act, 1920. Section 43 (Proceeds of sale of surplus lands) ; Section 44 (Agreements with landowners) ; Section 76 (Mode of payment off of money borrowed) ; Section 79 (As to rating of railways for certain purposes) ; Section 86 (Saving for indictments &c.) ; + Section 87 (Powers of Act cumulative) ;

Section 88 (Crown rights): I ~The Act of 1913—

Subsection (b) of section 37 (For protection of Yorkshire Klectric Power Company) ;

Section 43 (Compensation in case of recently altered buildings) ;

Section 97 (Certain provisions of Public Health Acts as to borrowing not to apply);

Section 107 (Judges not disqualified) : Huddersfield Corporation Gas Act 1919—

Section 44 (Rate of accumulation of payments to sinking

fund):.

4

Provided that—

(1) In the application of the said section 38 of the Hudders- field Corporation Act 1906 the premises described in the Second Schedule to this Act shall be deemed to be referred to instead of the premises described in the schedule to that Act:

(2) In the application of the said section 43 of the Act of 1913 that section shall be read and have effect as if the twentieth day of November nineteen hundred and nineteen were therein mentioned instead of the thirtieth day of November nineteen hundred and twelve:

(3) Section 32 of the Huddersfield Corporation Act 1906 shall be read and have effect as if the following proviso were inserted at the end thereof (that is to say) :—

Provided that the Corporation shall not raise sink or otherwise alter or cause to be altered any telegraphic line (as defined by the Telegraph I An

ABT

A.D. 1920.

a

Page 48

438

A.D. 1920.

owes

Costs of Act.

[Ch. cxlv.] Huddersfield Corporation [10 & 11 Guo. 5.] (General Powers) Act, 1920.

Act 1878) belonging to or used by the Postmaster- General except under and subject to the provisions of the said Act.

46. The costs charges and expenses preliminary to and of and incidental to the preparing obtaining and passing of this Act as taxed by the taxing officer of the House of Lords or of the House of Commons shall be paid by the Corporation out of the revenue of their tramway undertaking or out of the borough fund or out of the money to be borrowed under this Act for the purpose.

48

Page 49

i

[10 & 11 Guo. 5.] Huddersfield Corporation [Oh. cxlv.] (General Powers) Act, 1920.

The SCHEDULES referred to in the foregoing Act.

THE FIRST SCHEDULE.

AGREEMENT WITH BRIGHOUSE CORPORATION.

MEMORANDUM OF AGREEMENT made the 12th day of November one thousand nine hundred and nineteen between. the MAYOR ALDERMEN AND BURGESSES OF THE CouNTy BorRoUGH OF (hereinafter called ‘“ the Huddersfield Corpo- ration’) of the one part and the Mayor ALDERMEN AND BURGESSES OF THE BorovuGH oF BRIGHOUSE (hereinafter called “the Brighouse Corporation’) of the other part.

WuereEas the Huddersfield Corporation and the Brighouse Corporation have considered the subject of the construction and working of the tramways and tramroad described in the First Schedule to this agreement (hereinafter referred to as “the projected tramways’) :

And whereas in order satisfactorily to construct and work the projected Tramway No. 3 certain street works described in the Second Schedule to this agreement and the necessary works in connexion therewith (all of which works are hereinafter referred to as “the street works”) are desirable :

And whereas the Brighouse Corporation have acquired some of the land necessary for the street works and in order to complete the same

- compulsory pgwers of purchase over other lands and property are required :

And whereas subject to the necessary powers therefor being obtained the Huddersfield Corporation have agreed to construct and work the

projected tramways or some of them upon the terms and conditions hereinafter contained :

Now therefore it is hereby mutually agreed by and between the parties hereto as follows that is to say :—

1. The Huddersfield Corporation shall apply for and use their best endeavours to obtain by application to Parliament by Bill in the session of 1920 power to construct the projected tramways in accordance with plans and sections which have been agreed between the parties hereto and signed in duplicate by Kenneth Findlater Campbell on behalf of the Huddersfield Corporation and Samuel Spencer Haywood on behalf of the Brighouse Corporation.

D © 49

439

A.D. 1920.

RSS TREO

Hudders- field to apply for powers to construct tramways.

Page 50

440

A.D. 1920.

Purchase lands and execute works.

Brighouse to assist.

Also to have . right to appear before Com- mittee of Parliament.

‘Time for commence- ment of cer- tain tram- ways.

Provision for omission of certain street works.

(Ch. cxlv.]| Huddersfield Corporation [10.& 11-Guo. 5.] : (General. Powers) Act, 1920.

2. The Huddersfield Corporation shall also apply for and use their best.endeavours to-obtain by the said-application to Parliament compulsory power to purchase the necessary lands and property for the street works (other than those already acquired by the Brighouse Corporation as aforesaid) and power for the Brighouse Corporation to carry out the street works as shown on the said plans

3. The Brighouse Corporation shall render all assistance they can to support the hereinbefore mentioned application of the Huddersfield Corporation and shall supply such information and at the request and cost of ‘the Huddersfield Corporation -give such evidence in connexion therewith as imay ‘be reasonably ‘required and ‘shall also use their best endeavours to secure the support of all other .or ‘bodies interested

and if required by the Huddersfield ‘Corporation shall sat the expense of

that Corporation petition and appear -by .counsel im support of the application Provided that nothing herein contained shall preclude the Brighouse Corporation from taking such steps as may be necessary. to enable them to appear by counsel before the Committees of Parliament to enable them to secure that the Bill authorising the projected tramways shall contain all proper provisions for giving effect to this agreement and

any provisions reasonably required for protecting the interests of the

Brighouse Corporation and not being in conflict with this agreement.

4. In the event of the Huddersfield Corporation being empowered

to construct the projected tramways they shall subject to the following

proviso commence the said tramways (except Tramways 5 6 and 7) within a period of twelve months from the date of the Royal Assent to the Act giving such powers or from the receipt of notice in writing from the town clerk of Brighouse that all the lands and property required for the ‘street works have been acquired and thrown into ‘the street whichever event (ice. Royal Assent or:notice) shall ‘happen the'later Provigled always that the Huddersfield Corporation shall be under no obligation as to any of the projected tramways to construct more than .a single line the intention being that they need not construct any double line until they in their opinion deem it advisable to do so And that they shall not be obliged to construct Tramway No. 4 until they have obtained.a satisfactory agree- ment with the millowners in Rastrick that the railway companies concerned will provide the necessary facilities for coal traffic on that tramway If the Brighouse Corporation at any time give notice in writing to the Hudders- field Corporation that in their opinion the execution of a specified portion only of the street works is sufficient to enable the projected tramways properly ‘to be constructed and the Huddersfield Corporation assent to that ‘opinion or in the event of their refusing so to assent it is determined by arbitration in manner hereinafter provided that the execution of the ‘said portion only of the street works is sufficient as aforesaid then and in

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{10 & 11 Guo. 5.] Huddersfield Corporation (Ch. cxlv.] % (General Powers) Act, 1920.

that case the said portion of the street works shall for the purposes of this A.D, 1920. clause of this agreement be deemed to be substituted for the street works. =

5. The Brighouse Corporation shall afford all necessary facilities to Brighouse to enable the Huddersfield Corporation to construct and complete the projected tramways and the street works as aforesaid. oe

6. The Brighouse Corporation shall subject as hereinafter mentioned Brighouse I exercise as soon as possible and at their own cost any powers of compul- % ©xercie _ powers of — sory purchase which the Huddersfield Corporation shall obtain in respect purchase and of the street works and shall give all such notices make all such applications complete street works and take all such proceedings so far as the same may be necessary for the ag soon as acquisition of lands and property for the street works and the town clerk possible and of Brighouse shall give notice in writing to the Huddersfield Corporation ee within one calendar month after the acquisition thereof that all the lands and property required for the street works have been acquired and are ready to be thrown into and made part of the street The said application to Parliament shall include the necessary provisions for giving effect to this clause The Brighouse Corporation will also carry out the street works as soon as possible and give notice to the Huddersfield Corporation as

soon as the works are completed.

7. All purchase money costs and expenses incurred by the Brighouse Purchase I Corporation in acquiring the lands and property for the street works ae oe : under the last preceding clause including the cost of execution of any works to be — works shall be paid by the Brighouse Corporation out of moneys autho- Paid by Brig- , I acd ., house with I rised by Act of Parliament to be borrowed for that purpose The said moneys to be application to Parliament shall include the necessary borrowing powers borrowed by for giving effect to this clause Provided that the Huddersfield Corporation —_— will refund to the Brighouse Corporation one half the cost of execution of any such street works (such half not to exceed and further that in the event of the tram line between Carr Green Lane and the Upper George Inn in the parish of Rastrick being doubled the Corporation will reimburse the Brighouse Corporation a further sum of 500l. in respect of the cost of the street works in that Lane (being Street Work No. 1 in the

Second Schedule to this

8. The Brighouse Corporation will refund to the Huddersfield Brighouse to Corporation any cost properly incurred by the Huddersfield Corporation Ne ad in constructing a tramway track with concrete foundations in the new certain cost. roadway being Street Work No. 1 over and above the cost that would be ncurred in the construction of a tramway track with concrete foundations as originally intended in Lane in accordance with the previous agreement between the parties hereto referred to in clause 21 hereof such agreement being endorsed ‘‘ Agreement for promotion construction and working of tramways under Private Act of Parliament or Light Railway Order ”’ dated the 31st day of December 1914 Provided that the borough:

engineer of Brighouse shall be notified of the intended execution of any-

E «BE

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449

A.D. 1920.

Huddersfield _ to repair damage to sewers &c.

[Ch. cxlv.] Huddersfield Corporation [10°& 11-Gzo. 5.]

(General Powers) Act, 1920.

work which may be the subject of any claim under this clause and failing agreement between the parties hereto as to the necessity for any such work the question shall be decided by arbitration in accordance with clause 19 of this agreement. I

9. The Huddersfield Corporation shall repair any damage caused by them or their agents contractors or workmen during the construction of such of the projected tramways as are situate in the borough of Brighouse (hereinafter referred to as “‘ the Brighouse tramways ’’) to any sewers gas or water mains or pipes or other apparatus lying under or in connexion with any roadway and shall leave the margins and footpaths on each side

_ of the Brighouse tramways where affected by the levels at which the tram _ lines will be fixed at a proper level in relation to the reconstructed portion of

Paving be- tween tram- way lines.

Brighouse to have option of paving 18-inch margin after notice given to Hudders- field.

the roadway and in a condition of repair at least equal to the condition thereof at the commencement of construction of the Brighouse tramways.

10. Notwithstanding anything in section 28 of the Tramways Act 1870 the Huddersfield Corporation shall where there are double lines pave

the whole space between the two sets of lines of the Brighouse tramways.

As regards all the Brighouse tramways constructed on roads ‘paved or to be paved the Brighouse Corporation shall have the option from time to time of maintaining the 18 inches of roadway (when wanting repair) on the outside of the tram rails at the cost of the Huddersfield Corporation such cost to be agreed between the engineers of the two Corporations from

time to time Notice to be given to the Huddersfield Corporation before

any part of the 18-inch margin is disturbed.

Grids and drains.

Huddersfield to maintain fittings and appliances.

Fares and tolls.

11. The Huddersfield Corporation shall if it be necessary put down at such places along the Brighouse tramways as the Brighouse Corporation shall reasonably require suitable grids and drains communicating with the sewers or other receptacles to prevent the accumulation of water on the Brighouse tramways.

12. The Huddersfield Corporation shall from time to time reasonably maintain and renew the fittings and electrical and other appliances of the Brighouse tramways.

13. The actual fares tolls and aed to be levied by ne bli!) field Corporation in respect of the Brighouse tramways shall be in proportion to those levied generally throughout the Huddersfield Corporation tramway undertaking having regard to the relative traffic cost of construction and other conditions and the Huddersfield Corporation shall maintain or cause to be maintained on the Brighouse tramways a reasonably adequate service of cars having regard to the needs of the district to be served Provided that nothing herein contained shall be deemed to impose upon the Huddersfield Corporation any to construct: the said Tramways Nos. 5 6 and 7, I

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[10 & 11 Gro. 5.]. Huddersfield Corporation exlv.] (General Powers) Act, 1920. I

14. The Huddersfield Corporation shall when erecting the tramway

445

A.D, 1920.:

poles along the route of the Brighouse tramways avoid as far as possible Lance

any interference with or interruption of the light from any gas or electric lamp belonging to the Brighouse Corporation and in the event of any such interference or interruption occurring on the Brighouse tramways the Brighouse Corporation shall upon giving not less than fourteen days’ notice to the Huddersfield Corporation of their desire to do so have the

right to use such poles for the support of any electric or gas lamps belonging

to the Brighouse Corporation the light of which is so interfered with ‘or interrupted as aforesaid Provided that in the exercise of the powers of this clause no unnecessary damage shall be caused to such poles and no obstruction or interference shall be caused to or with the working by the Huddersfield Corporation of the tramways and the Brighouse Corporation shall repay and make good to the Huddersfield Corporation any expense or damage thrown upon the Huddersfield Corporation as a result of the said use of the said poles.

15. The projected tramways shall be worked by electrical power in accordance with the same system as is for the time being lawfully in operation for. working the tramway undertaking of the Huddersfield Corporation Provided that nothing in this clause shall prevent the Huddersfield Corporation from agreeing to purchase from the Brighouse Corporation all or any of the electrical energy necessary for the purpose of working the projected tramways upon such terms and conditions with respect thereto as shall be agreed between the said Corporations but nothing in this agreement shall compel either of the parties hereto to enter into such agreement.

16. The provisions of section 43 of the Tramways Act 1870 shall apply to the Brighouse tramways with the substitution of the period of thirty-one years for the period of twenty-one years mentioned in the said section but nothing herein or in the Tramways Act 1870 shall authorise

the Brighouse Corporation to acquire any tramway within the county borough of Huddersfield. I

17. Save as herein otherwise expressly provided the provisions of the Huddersfield Corporation Act 1913 and the statutory provisions thereby incorporated or now or hereafter made applicable shall apply and have effect in relation to the Brighouse tramways as they now apply and have effect or shall apply and have effect in relation to the tramways authorised by that Act.

18. This agreement (subject and according to the provisions thereof) shall be deemed to be and shall be the consent of the Brighouse Corporation under the standing orders of the Houses of Parliament to the construction in accordance with the provisions of this agreement but not otherwise of the projected tramways The Brighouse Corporation shall not during the operation of this agreement give their consent under the said

E 2

Electrical - power. ©

Period for purchase by local autho- rity extended to 31 years.

Incorpora- tion of Hud- dersfield Act.

‘** Consent ”’ of Brighouse,

Page 54

[Ch. exlv.] Huddersfield Corporation [10 & 11 Guo. (General Powers) Act, 1920.

AD. 1920. standing orders or otherwise to any proposal for the construction of a ae tramway or light railway by any other corporation authority company or person along the route of the projected tramways or any part thereof.

Arbitration. 19. Any. difference which may arise between the parties hereto in reference to any matter or thing in these presents contained or provided for or arising out of these presents and any question which is by these presents required to be referred to arbitration shall subject to any provision to the contrary herein contained be determined by arbitration in accordance with the provisions of the Arbitration Act 1889 by a single arbitrator to be agreed upon by the parties or failing agreement to be appointed by the Ministry of Transport on the application of either y arty.

Agreement - 20. This agreement shall be deemed to be made subject to ccnfirma- tion by Parliament and also subject to such alterations as Parliament tion by Par- may think fit to make therein but if the Committee of either House of hiement. Parliament on the Bill make any material alteration in this agreement -it shall be competent to either party hereto to withdraw the same and

this agreement shall thereupon become void.

Previous .. 21. The’ previous agreements between the Huddersfield oe ona and the Brighouse Corporation relating to the construction of tramways dated three agreements of the 3lst December 1914 and two other agree- ments dated respectively the 19th November 1915 and 28th J wy 1916 are hereby cancelled. :

In witness whereof the Huddersfield Corporation and the Brighouse Corporation have hereunto. caused their respective common seals to be ene the no and Jeng aes prove written.

The FIRST SCHEDULE before referred to.

TRAMWAY No. l.

A double line about 1 furlong 8-03 chains in length ie in dhe parish and borough of Huddersfield commencing in Bradford Road North by a junction with the existing tramway of the Huddersfield Corporation at a point opposite the. south side of Allison Drive passing thence along the said Bradford Road North and Netheroyd Hill Road and there terminating on the north-east side of such road at a point 0-14 chains © measured in a north-westerly direction from the intersection of Judy : Lane with Netheroyd Hill Road by a junction with proposed Tramroad No. 1. 54

Page 55

[10 & 11 Gro. 5.] Huddersfield Corporation (Ch. exlv.}

(General Powers) Act, 1920.

TRAMROAD No. 1.

A double line about 5 furlongs 0-68 chains in length partly in the parish and borough of Huddersfield and partly in the parish of Fixby in the rural district of Halifax commencing on the north-east side of Netheroyd

Hill Road at a point 0-14 chains measured in a north-westerly direction’ from the intersection of Judy Lane with Netheroyd Hill Road by a,

junction with proposed Tramway No. 1 and passing thence in a northerly and north-westerly direction across private lands and terminating at a point on the south side of Clough Lane at the eastern end of such lane 0-60 chains or thereabouts measured in an easterly direction from the intersection of Broomfield Road with Clough Lane by a junction with proposed Tramway No. 2.

TRAMWAY No. 2 3

A double line about 5 furlongs 0-76 chains in length commencing

in the parish of Fixby in the rural district of Halifax at a point on the south side of Clough Lane at the eastern end of such lane 0-60 chains or there-

abouts measured in an easterly direction from the intersection of Broomfield. Road with Clough Lane by a junction with proposed Tramroad No. 1.

and passing thence along Clough Lane and New Hey Road and there terminating at a point 1-04 chains or thereabouts measured in a north- easterly direction from the intersection of Clough Lane with New’ my Road RY a junction with proposed No. 3.

I Tramway No. 3.

About 1 mile 6 furlongs 3-40 chains in length whereof 4 furlongs

7-00 chains will be single line and 1 mile 1 furlong 6-4 chains will be double

line wholly in the parishes of Rastrick and Brighouse in the borough of Brighouse commencing in New Hey Road by a junction with the proposed

Tramway No. 2 at a point 1:04 chains measured in a_north-easterly.

direction from the intersection of Clough Lane with New Hey Road passing thence along the said New Hey Road Crow Trees Lane Church Street Ogden Lane Rastrick Common Gooder Lane Huddersfield Road and Bradford Road and there terminating in the said parish of Brighouse at a point opposite the north side of Commercial Street.

Tramway No. 4.

About 3 furlongs in length whereof 4 chains will be double: line and 2 furlongs 6 chains will be single line wholly in the parish of Rastrick in _ the borough of Brighouse commencing in Huddersfield Road by a junction with proposed Tramway No. 3 at a point opposite Cliffe Road passing thence along the said Huddersfield Road and Birds Royd Lane and there terminating on the south side thereof at the boundary wall of the Lanca- shire and Yorkshire Railway and at a point about 4-45 chains measured

55

445.

A.D. 1920.

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446

[Ch.cxlv-]. Huddersfield Corporation -[10.& 11 Guo. 5.) a I (General Powers) Act, 1920. =

A. D. 1920, in an easterly direction from the intersection of Calder Street with the

said Birds ae Lane.

TRAMWAY No. 5.

A double line about 2 chains in length wholly in the parish of Rastrick in the borough of Brighouse commencing in Gooder Lane by a junction with proposed: Tramway No. 3 at a point: about -90 chain south-west. of the junction of Gooder Lane in Huddersfield Road passing thence along the said Gooder Lane Huddersfield Road and Birds Royd Lane and there terminating by a junction with proposed Tramway No. 4 at a point about 3°50 chains west of the junction of Princess Street with the said Birds Royd Lane. I I

TRAMWAY No. 6.

A double line about 1 mile 5-1 chains in length wholly in the parish and borough of Huddersfield commencing in Bradford Road North by a junction with proposed Tramway No. 1 at a point about 2-73 chains measured in a southerly direction from the intersection of Netheroyd Hill Road passing thence along the said Bradford Road North and there terminating at the borough boundary by a junction with proposed Tramway No. 7. I

Tramway No. 7.

double line about 1 mile 9-23 chains in length wholly in the of Rastrick in the borough of Brighouse commencing in Huddersfield Road at the borough boundary by a junction with proposed Tramway No. 6 passing thence along the said Huddersfield Road and there terminating by a junction with proposed Tramway No. 3 at a point about +36 chain measured in a northerly direction from the intersection of Gooder Lane with the said Huddersfield Road,

All the tramways will be constructed on the same gauge as the existing ce of = Huddersfield Corporation that is to aay ona a AES of 4 1% in. I I I

The SECOND SCHEDULE before referred to.

ALL IN THE BorovcH oF BricHovsz.)

Street WorK No. 1.

_ (a) The construction of a new roadway 40 feet wide commencing at the junction of Carr Green Lane with Crow Trees Lane proceeding in a north-easterly direction and running into Crow Trees Lane at a point opposite the Rastrick Free Library.

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'T10 & 11 Gzo. 5.] Huddersfield Carporation [Ch. cxlv] (General Powers) Act, 1920.

447

(Bs) The widening from the point last mentioned of Crow Trees Lane A.D. 1920.

to the north-west corner of the licensed premises known as the Upper I

George Inn. WorK No. 2.

The widening and improvement,of Ogden Lane on the south side thereof commencing at a point 19 yards east of Thornhill Road and proceeding thence in an easterly direction for a distance of 134 yards and there terminating. I I

STREET Work No. 3.

The and improvement of Ogden Lane and Rastrick commencing on the north side of Ogden Lane at a point 61 yards west: of Rastrick Common and terminating on the west side of Rastrick Common at a point 63 yards north of Ogden Lane.

STREET WoRK No. 4.

The widening and improvement of Gooder Lane on the south-west side thereof commencing at a point 36 yards north-east of Bridge End and proceeding thence in a north-easterly direction and terminating at the west side of Victoria Street.

STREET WorkK No. 5.

The widening and improvement of Gooder Lane on the north side thereof commencing at a point 9 yards south-west of Oldham Street and proceeding thence in a north-easterly direction and terminating at a point 28 yards north-east of St. John’s Street.

The corporate common seal of the mayor aldermen A and burgesses of the county borough of Hudderse I I I \ ) was hereunto affixed in the presence of \

J. Henry Fretp Town Clerk.

and burgesses of the borough of Brighouse was

The corporate common seal of the mayor aldermen hereunto affixed in the presence of }

aC. HOLMES Mayor. KErnyon Brown Chairman of the Finance Committee.

P. -T. Grove ‘Town Clerk.

ol

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448°

[Ch. cxlv.] Huddersfield Corporation [10 & 11-Gu0. 5.) ee (General. Powers) Act, (1920.0

. . .... THE SECOND SCHEDULE.

DESCRIPTION OF PROPERTIES OF WHICH PORTIONS ONLY MAY BE REQUIRED BY THE CORPORATION.

iors N umbers on Deposited Plans. Borough of Huddersfield - - -|2386789101112 13 14 1516171819 124 125 126 128 129 130 and 135.

‘Borough of Brighouse ~ - - - I 33 36 37 38 39 40 41 42 45 46 47 48 49 50 Ses 51 52 53 54 55 56 57 58 61 62 63 64 65 ae 66 67 68 69 70 71 72 73 74 75 76 77 78 : 79 80 81 82 83 84 85 86 87 88 89 90 91 OG 92 93 94 95 96 97 98 99.100 101 102 103 104 105 106 and 107. Parish of Fixby “ ho he - I 20 21 22 23 24 25 26 27 28 29 30.

-Printed by Eyre and Ltp., FOR / WILLIAM RicHARD CoDLING, Esq., C.V.O., C.B.E., the King’s Printer of Acts of Parliament.

To be purchased through any Bookseller or directly from H.M. STATIONERY OFFICE at the following addresses: IMPERIAL HOUSE, KINGSWAY, LONDON, W.C. 2, and 28, ABINGDON STREET, LONDON, a4 45 PETER STREET, MANCHESTER ; 1, St. ANDREW’ S CRESCENT, CARDIFF; 23, FORTH STREET, EDINBURGH; or from E. PONSONBY, LTD., 116, STREET, DUBLIN.


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