Borough of Huddersfield Order of 1890

The Borough of Huddersfield Order of 1890 was summarised as:

To confirm certain Provisional Orders of the Local Government Board relating to the Boroughs of Grimsby and Huddersfield.

The Act brought the district of Longwood into the Borough of Huddersfield.


The following is a transcription of a historic article and may contain occasional errors.

53 & 54 Vict. Local Government Board's Provisional Orders Confirmation (No. 15) Act 1890. Ch. cciv.

An Act to confirm certain Provisional Orders of the Local Government Board relating to the Boroughs of Grimsby and Huddersfield.


[ ROYAL ASSENT 14th August, 1890. ]

Whereas the Local Government Board have made the Provisional Orders set forth in the schedule hereto, under the provisions of the Local Government Act, 1888 :

And whereas it is requisite that the said Orders should be confirmed by Parliament :

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same as follows :

1. The Orders as altered and set out in the schedule hereto shall be and the same are hereby confirmed, and all the provisions thereof shall have full validity and force.

2. This Act may be cited as the Local Government Board's Provisional Orders Confirmation (No. 15) Act, 1890.

Provisional Order made in pursuance of Sections 54 and 59 of the Local Government Act, 1888.

To the Mayor, Aldermen, and Burgesses of the Borough of Huddersfield ;—

To the Justices of the Peace for the said Borough ;—

To the School Board for the said Borough ;—

To the Justices of the Peace for the County of the West Riding of Yorkshire, in Quarter Sessions assembled ;—

To the County Council of the West Riding of Yorkshire ;—

To the Longwood Local Board, being the Sanitary Authority for the Urban District of Longwood, in the same County ;—

To the School Board for the Township of Longwood, in the same County ;—

And to all others whom it may concern.

Whereas by Section 54 of the Local Government Act, 1888 (which Act is herein-after referred to as "the Act"), the Local Government Board are empowered to make a Provisional Order for altering the boundary of any Borough ;

And whereas the Borough of Huddersfield is a Borough within the meaning of the Act, and the inhabitants of the Borough are a body corporate, by the name of the Mayor, Aldermen, and Burgesses of the Borough of Huddersfield, and act by the Council of the Borough, which now consists of the Mayor (who is also an Alderman), thirteen other Aldermen, and forty-two Councillors ;

And whereas the area of the Borough of Huddersfield (hereinafter referred to as "the existing Borough") is coloured pink on the two maps (herein-after referred to as "the maps"), each marked "Map of the Borough of Huddersfield, as extended, 1890," and sealed with the official seal of the Local Government Board ;

And whereas the existing Borough is an Urban District, of which the Mayor, Aldermen, and Burgesses, acting by the Council, are the Urban Authority ;

And whereas the existing Borough is a County Borough, and has a separate commission of the peace and police force, and is, for the purposes of the election of town councillors, divided into twelve wards ;

And whereas the unrepealed provisions of the following Local Acts (all which Acts are herein-after collectively referred to as " the Local Acts ") are in force in the existing Borough ; viz.,—

The Huddersfield Burial Ground Act, 1852 ;
The Huddersfield Burial Ground Amendment Act, 1856 ;
The Huddersfield Water Act, 1869 ;
The Huddersfield Waterworks Act, 1871 ;
The Huddersfield Improvement Act, 1871 (herein-after referred to as the "Improvement Act of 1871") ;
The Huddersfield Waterworks and Improvement Act, 1876 ;
The Huddersfield Improvement Act, 1880 ; and
The Huddersfield Corporation Act, 1882 (herein-after referred to as the "Act of 1882") ;

And whereas the Council of the existing Borough are, by virtue of Section 30 of the Act of 1882, the Burial Board for the existing Borough, except the portion of the Township of Almondbury known as the Ecclesiastical District of Almondbury ;

And whereas the Local Government District of Longwood (hereinafter referred to as "the Longwood District"), in the County of the West Riding of Yorkshire (which District is co-extensive and conterminous with the Township of Longwood), adjoins the existing Borough ;

And whereas by virtue of the Elementary Education Acts, 1870 to 1880, the existing Borough and the Township of Longwood are school districts, for which School Boards have been formed ;

And whereas the Longwood District is included in the Golcar Electoral Division of the County of the West Riding of Yorkshire :

Now therefore, We, the Local Government Board, in pursuance of the powers given to Us by Sections 54 and 59 of the Act, and by any other enactments in that behalf, do hereby Order that, from and after the date of the Act of Parliament confirming this Order, the following provisions shall take effect :—

Art. I. This Order shall, except so far as is otherwise herein expressly provided, and so far as there may be anything in the subject-matter or context inconsistent therewith, come into operation on the Ninth day of November, One thousand eight hundred and ninety :

Provided that for the purposes of the parish burgess lists, and burgess roll, and other lists to be made under the Municipal Corporations Act, 1882, and the Acts amending the same, and of the lists of county electors and the county register to be made in pursuance of the County Electors Act, 1888, and of all proceedings preliminary or relating to the municipal elections, this Order shall operate from the date of the Act of Parliament confirming the same :

Provided also that for the purposes of Sections 20, 22, 23, 24, and 26 of the Act, the Borough shall be deemed not to have been extended until after the Thirty-first day of March, One thousand eight hundred and ninety-one.

Art. II. In this Order—

  1. The expression "the Borough" means the Borough as extended by this Order;
  2. The expression "the added area" means the Longwood District added to the existing Borough by this Order.

Art. III. The boundary of the existing Borough shall be altered and extended so as to include, in addition to the area of the existing Borough, the Longwood District which is coloured pink on the maps, and the altered boundary shall be that shown by the red line on the maps, and the whole of the area included within such altered boundary shall for the purposes of the Municipal Corporations Act, 1882, and for all other purposes, be the Borough, and shall be the County Borough for the purposes of the Act.

Art. IV.

  1. One of the maps shall be deposited in the office of the Local Government Board, and the other shall be deposited by the town clerk of the Borough at his office within ten days after the date of this Order. Copies of the said map deposited with the town clerk, certified by him, shall be sent within one month after the date of the Act of Parliament confirming this Order to the clerk of the County Council of the West Riding of Yorkshire, and to the Director-General of Her Majesty's Ordnance Survey at Southampton.
  2. Copies of or extracts from the map deposited with the town clerk, certified by him to be true, shall be received in all courts of justice and elsewhere as prima facie evidence of the contents of such map so far as relates to the boundaries of the Borough ; and such map shall at all reasonable times be open to inspection by any person liable to any rate leviable within the Borough, and any such person shall be entitled to a copy of or extract from such map, certified by the town clerk, on payment of a reasonable fee for every such copy or extract. All sums received under this Article shall be carried to the credit of the Borough Fund.

Art. V. An equitable adjustment respecting the distribution of the proceeds of the local taxation licenses and probate duty grant, and all other financial relations between the County of the West Riding of Yorkshire and the Borough, which may be affected by the extension of the existing Borough by this Order, shall be made by agreement within six months from the Ninth day of November, One thousand eight hundred and ninety, between the County Council and the Corporation, and in default of such agreement by the Commissioners appointed under the Act ; and for the purpose of such adjustment Section 32 of the Act shall apply with the necessary modifications.

This adjustment was made on the 10th February 1892 by an Order of the Local Government Act Commissioners.

Art. VI.

  1. The powers and duties of the justices of the peace appointed for the existing Borough, of the clerk to such justices, and of the police constables and other peace officers of the existing Borough, shall extend to and apply throughout the Borough.
  2. Every person committing an offence in the added areas prior to the Ninth day of November, One thousand eight hundred and ninety, shall be tried, adjudicated on, and dealt with as if this Order had not been made.

Art. VII. For the purpose of the parish burgess lists and burgess roll, and other lists to be made under the Municipal Corporations Act, 1882, and the Acts amending the same, and of all matters in relation thereto, the added area shall be deemed to have always been part of the Borough, and the town clerk of the existing Borough shall be the town clerk of the Borough, and anything required to be done in connexion with the purposes aforesaid before the date of the Act of Parliament confirming this Order may, in so far as the same relates to the added area, be done as soon as practicable after such date, and if so done shall have full force and effect; and if any difficulty arise in making out, revising, or otherwise dealing with such lists and roll, or the lists of county electors and the county register, the Local Government Board may make such order as shall appear to them to be necessary to give effect to the provisions of this Order, and may vary, so far as shall be necessary, the provisions in force with regard to such lists, roll, and register.

Art. VIII. The number of Councillors of the Borough shall be increased from forty-two to forty-five, and the number of Aldermen of the Borough shall be increased from fourteen to fifteen.

Art. IX. Subject to the provisions of the Municipal Corporations Act, 1882, as to the alteration of wrards, the following provisions shall have effect ; viz.,—

  1. For the purposes of the election of Town Councillors, the Borough shall be divided into thirteen wards.
  2. The twelve wards into which the existing Borough is divided and the number of Town Councillors apportioned to those wards shall remain unaltered.
  3. The added area shall form the thirteenth ward, to be termed the Long wood Ward, and three Town Councillors shall be apportioned to and be elected for that ward.

Art. X.

  1. The first election of the three Town Councillors for the Longwood Ward shall be held on the First day of November, One thousand eight hundred and ninety, and the Mayor of the existing Borough, or such other person as he shall appoint, shall be the returning officer at the election for such ward.
  2. The first election of the additional Alderman shall take place on the ordinary day of election in the year One thousand eight hundred and ninety.

Art. XI.

  1. The three Town Councillors elected for the Long-wood Ward in the year One thousand eight hundred and ninety shall retire as follows :—
    1. The Councillor who is elected by the smallest number of votes on the First day of November, One thousand eight hundred and ninety-one.
    2. The Councillor who is elected by the largest number of votes on the First day of November, One thousand eight hundred and ninety-three.
    3. The other Councillor on the First day of November, One thousand eight hundred and ninety-two.
  2. The additional Alderman elected in the year One thousand eight hundred and ninety shall go out of office on the Ninth day of November, One thousand eight hundred and ninety-five.

Provided that, if for any reason it is doubtful which of the Councillors ought to retire on the dates above specified, the Council of the Borough shall, on the Tenth day of November, One thousand eight hundred and ninety, or at the next following quarterly meeting, and not later, by a majority of votes, or in case of an equality of votes, by the casting vote of the chairman, determine which of the Councillors shall go out of office on the dates above specified respectively.

Art. XII. All byelaws and regulations which have been made by the Corporation as an Urban Authority or as a Municipal Authority, or in pursuance of the powers conferred by any Local Act, and which on the Ninth day of November, One thousand eight hundred and ninety, are in force in the existing Borough shall thenceforth apply to the Borough until or except in so far as any of such byelaws or regulations may be altered or repealed.

Art. XIII.

  1. The town clerk and all other officers and servants of the Corporation of the existing Borough who hold office on the Ninth day of November, One thousand eight hundred and ninety, shall continue to be the town clerk and officers and servants of the Corporation of the Borough, and shall hold their offices by the same tenure as at that date.
  2. The auditors who shall be in office on the Ninth day of November, One thousand eight hundred and ninety, shall continue in office, and shall be the Borough Auditors, until the ordinary day of election of Borough Auditors.

Art. XIV. Subject to the provisions of this Order, the provisions of sub-section (13) of Section 118 and of Sections 119 and 120 of the Act shall apply to the persons who on the Ninth day of November, One thousand eight hundred and ninety, hold office as officers or servants of the Longwood Local Board, with the substitution of "borough fund and borough rate" in sub-section (8) of Section 120 for "county fund as a payment for general county purposes," and with such other modifications as are necessary to make those provisions applicable to the said officers and servants and to the Corporation; and the provisions of Section 120 of the Act shall apply to any other officer who by virtue of this Order, or of anything done in pursuance or in consequence thereof, shall suffer any such direct pecuniary loss as is in that section mentioned, with the like substitutions and modifications.

Art. XV.

  1. If on the Ninth day of November, One thousand eight hundred and ninety, any action or proceeding, or any cause of action or proceeding, is pending or existing by or against the Local Board, the same shall not be in anywise prejudicially affected by reason of the making of this Order, but may be continued, prosecuted, and enforced by or against the Corporation of the Borough.
  2. Anything duly done or suffered, and all contracts, deeds, bonds, agreements, and other instruments (subsisting on the Ninth day of November, One thousand eight hundred and ninety) entered into or made by the Local Board, shall be of as full force and effect against or in favour of the Corporation of the Borough, and may be continued and enforced as fully and effectually as if, instead of the Local Board, the Corporation had done or suffered the same or been a party thereto.

Art. XVI. All property vested in the Corporation on the Ninth day of November, One thousand eight hundred and ninety, for the benefit of the existing Borough shall be held by the Corporation for the benefit of the Borough, and the Corporation shall hold, enjoy, and exercise, for the benefit of the Borough, all the powers which at the date aforesaid are exerciseable by or vested in the Corporation for the benefit of the existing Borough, and all liabilities which, on the date aforesaid, attached to the Corporation in respect of the existing Borough shall, from and after that date, attach to them in respect of the Borough.

Art. XVII.

  1. All property and liabilities which immediately before the Ninth day of November, One thousand eight hundred and ninety, are vested in or attached to the Local Board shall be transferred to, vested in, and attach, to the Corporation as Urban Authority.
  2. The Local Board shall, on the Ninth day of November, One thousand eight hundred and ninety, be abolished and cease to exist, but all arrears of rates and other payments which at that date are due or owing to the Local Board may be collected and recovered by the Corporation.

Art. XVIII. The accounts of the Local Board and of the Long-wood School Board and their officers up to the Ninth day of November, One thousand eight hundred and ninety, shall be audited by the proper officer of the Local Government Board in like manner and with the incidents and consequences as if this Order had not been made :

Provided that such audit may be held as soon as practicable after that date, any statutory provision or regulation as to the time of holding the audit of the accounts of such Authorities to the contrary notwithstanding.

Art. XIX. The liability for repayment of any sum borrowed by the Longwood Local Board on the security of the rates of the Longwood District, or of so much thereof as shall be owing on the Ninth day of November, One thousand eight hundred and ninety, and for the payment of the interest thereon, shall be transferred and attach to the Corporation, and such sum, together with so much of any sums borrowed by the Corporation before the Ninth day of November, One thousand eight hundred and ninety, and charged upon the borough fund or borough rate of the existing Borough as will on that date be owing, shall be charged upon the borough fund and borough rate of the Borough, and shall, together with the interest to accrue due thereon, be repaid by the Corporation within the respective periods for which the loans in respect of which the said sums are owing were originally sanctioned.

Art. XX.

  1. The unrepealed provisions of the Local Acts as the same respectively are in force within the existing Borough on the Ninth day of November, One thousand eight hundred and ninety, shall extend and apply to the Borough, and any reference therein to the existing Borough or the Corporation thereof shall be deemed to refer to the Borough or the Corporation thereof :
    1. Provided that nothing in this Order contained shall be construed to extend the limits within which the Corporation may supply gas.
  2. The Longwood District shall be a district of the Borough for the purposes of the Improvement Act of 1871 as if it had been described in the Second Schedule to that Act.
  3. Section 30 of the Act of 1882 shall be altered so as to provide that the Council of the Borough shall be the Burial Board under and according to the Burial Acts, 1852 to 1871, in and for the Township of Longwood, in addition to the Townships in that section mentioned.

Art. XXI. For the purposes of the Elementary Education Acts, 1870 to 1880—

  1. The Borough shall be a school district, and the members of the School Board for the existing Borough who shall be in office on the Ninth day of November, One thousand eight hundred and ninety, shall be deemed to have been elected, and shall be the School Board for the Borough (herein-after referred to as "the Borough School Board") ;
  2. Any byelaws in force in the existing Borough on the Ninth day of November, One thousand eight hundred and ninety, shall thence-forth apply to the Borough until revoked or altered ;
  3. All the property and liabilities which, immediately before the Ninth day of November, One thousand eight hundred and ninety, are vested in and attached to the School Board for the Township of Longwood (herein-after referred to as "the Longwood School Board") shall be transferred to and vested in and attached to the Borough School Board, and the outstanding mortgage debt of the Longwood School Board, and the interest thereon, shall be charged upon the school fund and the local rate for the time being chargeable with the expenses of the Borough School Board, and shall be repaid by the Borough School Board within the respective periods for which the loans in respect of which the said mortgage debt is owing were originally sanctioned ;
  4. The Longwood School Board shall, on the Ninth day of November, One thousand eight hundred and ninety, be abolished and cease to exist, and any byelaws made by that School Board shall be repealed ;
  5. The provisions of sub-section (13) of Section 118 and of Sections 119 and 120 of the Act shall apply to the persons who on the Ninth day of November, One thousand eight hundred and ninety, hold office as officers or servants of the Longwood School Board, with the substitution of the "school fund and local rate" for the time being chargeable with the expenses of the Borough "School Board" in sub-section (8) of Section 120 for "county fund as a payment for general county purposes," and with such other modifications as are necessary to make those provisions applicable to the said officers and servants and to the Borough School Board.

Art. XXII. The Golcar Electoral Division of the County of the West Riding of Yorkshire, as diminished by the extension of the Borough by this Order, shall continue to be an electoral division of the said County, until altered under Section 54 of the Act; and the person who immediately before the Ninth day of November, One thousand eight hundred and ninety, shall be the County Councillor representing that division shall continue to represent it, as if he had been originally elected to represent the division so diminished.

Art. XXIII. This Order may be cited as the Borough of Huddersfield Order, 1890.

Given under the Seal of Office of the Local Government Board, this Ninth day of June, One thousand eight hundred and ninety.

Chas. T. Ritchie, President.
Hugh Owen, Secretary.

Borough of Huddersfield Order of 1890

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This page was last modified on 19 June 2017 and has been edited by Dave Pattern.

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