Huddersfield Corporation Act of 1902

The Huddersfield Corporation Act of 1902 was summarised as:

An Act to confer further powers upon the Mayor Aldermen and Burgesses of the County Borough of Huddersfield with respect to Waterworks and other matters; to provide for the transfer of the Technical College and the Lockwood Mechanics' Institution to the Corporation and to make further provision for the health and good government of the Borough and for other purposes.

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2 EDWARD VII.-SESSION 1902.
HUDDERSFIELD· ·CORPORATION ACT 1902.
ARRANGEMENT OF SECTIONS.
Preamble.
PART !.-PRELIMINARY.
Short title
Act divided into parts
Provisions of certain general Acts incorporated
Interpretation
PART 11.-WATERWORKS.
SEOTION
1
2
3
4
Revival of powers a
Power to construct uew works 6
For the protection of the Marsden Urban District Council 7
Power to make subsidiary works 8
Stopping up of public roads or footpaths 9
Extending limits of deviation 10
Period for completion .of works . . 11
Temporary provisions as to Butterley Reservoir 12
Temporary provisions. as to Blakeley Reservci.r 13
Provisions. of recited Acts as to waterworks &c. to apply: 14
Limiting supply for do1.Destic purposes in times of drought 1 i'>
Amendment of water rents.. 16
Agreements as to restricting compensation water in times of· drought &c... 17
_PART IIl.-:-,A.CQUISITION OF LANDS.
Power to acquire lands ••
Applying certain provisious of Acts of 1880 1896 and 1897 as to lands
Restrictions on displacing persons of labouring class
(u) . A
lS
10
20
11
SECTI01'
PART IV.-TECHNICAL COLLEGE.
Agreement confirmed 21
Transfer of Technical College to Corporation 22
Day of transfer. • • • 23
Maintenance and control of Technical College 24
Provisions as to Armytage's Grammar School and Techmcal School
Endowment •• •• •• 25
Application of Part XI of Improvement Act of 1871 to Technical College. • 26
PART V.-LOCKWOOD MECHANICS' INSTITUTION.
Agreement confirmed
Transfer of Lockwood Mechanics' Institution to Corporation
Day of transfer ••
Maint.enance and control of institution ••
Delegation of powers to Lockwood Sub-Committee
PA.RT VI.-ELECTRICITY.
27
28
29
30
31
As to supply of electricity where consumer has separate supply 32
Corporation may refuse to supply electrical energy in certain cases 33
Power to supply electric fittings 34
Materials and fittings supplied by Corporation to be free from distress 35
PART VII.-MILK SUPPLY.
Penalty for selling milk of diseased cows; Penalty on failing to isolate
diseased cows; Obligation to notify cases of tuberculosis ; Power to
take samples of milk; Power to inspect cows and to take samples of milk
Compensation ..
Notice of provisions of this part of Act
Procedure
As to expenses ••
Execution of this part of Act by Committee
PA.RT VIII.-ICE CREAM.
For regulating manufacture and sale of ice cream .•
PA.RT IX.-POLICE.
Provisions as to children trading in streets
36
3;
38
39
40
41
42
43
Ill
p ART X.-FlNANCE.
Power to borrow
As to money already h9rrowed for the payment of interest on capital
Periods of repayment
Provisions as to mortgages •.
Application of sections of the Acts of 1890 1897 and 1900
Mode of payment off of money borrowed
Power to use Loans Funds instead of exercising borrowing power
Application of moneys under Act of 1890
As to rating of railways for certain purposes
Particulars to be furnished with reference to differential rates • ,
PART XL-MISCELLANEOUS.
Separate accounts as to Lockwood Mechanics' Institntion
Education rate ..
Authentication and service of notices
Powers of Act cumulative ••
Informations by whom to be laid
Compensation how to be determined
As to appeal
Recovery of penalties &c. • •
Saving for indictments &c ..•
Judges not disqualified
Costs of Act
SCHEDULES.
SECTION
44
4;;
46
47
48
49
50
51
52
53
51
55
56
57
58
59
60
61
62
63
64
AN
ACT
To confer further }lowers upon the ~f ayor
Aldermen and Burgesses of the County
Borough of Huddersfield with respect
to Waterworks a11d other matters; to
provide for the transfer of the Technical
College a.nd the Lockwood Mechanics'
Institution to the Corporation and to
make further provision for the health
and good government of the Borough
and for other purposes.
[ROY.AL ASSE!\T :2:2ND JTTLY 1902.]
\VHEREAS the county borough of Huddersfield in the West Preamble.
Riding of the county of York (hereinafter in this Act referred to as
" the Borough") is a municipal borough under the government of
the Mayor Aldermen and Burgesses thereof (iu this Act referred
5 to as "the Corporation") :
And whereas extensive powers with regard to the supply of
water gas and electricity ihe construction of a tramroad and tram-
(u) B
Hudde1·.yield Corporation Act 1902.
ways and with regard to the improvement and government of the
borough have been conferred upon the Corporation by the recited
Acts and Orders set forth in the First Schedule hereto :
And whereas by the Huddersfield Corporation Waterworks
Act 1890 (in this Act called "the Act of 1890 ") the Corporation 5
were authorised amongst other works in connection with their
waterworks undertaking to make and maintain a storage reservoir
known as the Butterley' Reservoir :
And whereas the Corporation have completed the works
authorised by the Act of 1890 other than the said Butterley 10
Reservoir:
And whereas the Corporation have nearly completed the construction
of the embankment of the said Butterley Reservoir but by
reason of engineering difficulties the completion of the works of the
said reservoir has been delayed and the cost of the coustruction 15
thereof has Leen and will be increased :
And whereas by the Act of 1890 the period for the completion
of the works thereby authorised was limited to ten years from
the date of the passing ·of that Act which received the Royal
.Assent on the twenty-fifth day of July one thousand eight hundred ~O
and ninety:
And whereas by the Huddersfield Waterworks Act 1871
(in this Act called "the Act of 1871 ") the Corporation were authorised
to construct certain works including a new reservoir known as
the Blakeley Reservoir : 25
And whereas by the Huddersfield Corporation Act 1882 (in
this Act called" the Act of 1882 ") and the Huddersfield Water,
vorks Act 1896 (in this Act called "the Act of 1896 ") the period
for the construction of the said Blakeley Reservoir was extended
until the thirteenth day of July one thousand nine hundred and one : 30
And whereas the Corporation have for some time past been and
still are engaged on the construction of the said Blakeley Reservoir
but the completion thereof has been delayed on account of
-engineering difficulties:
11,uldersfiel,d Co,po-mtion Act 190~. 3
And whereas it is apprehended that difficulties similar to those
which have arisen in the completion of the said Butterley Reservoir
may also be found in completing the said Blakeley Reservoir :
And whereas by the Act of 1896 the Corporation were aut~orised
5 to construct a service tank in the parish of Shepley known as the
Shepley Tank :
And whereas the Corporation have acquired the land necessary
for such purpose and are desirous of commencing the construction of
the said Shepley Tank :
lo And whereas the time for the completion of the said Shepley
Tank expired on the second day of July one thousand nine hundred
a!ld one:
An<l whereas it is expedient that the powers of the Corporation
to make and maintain the said Butterley and Blakeley Reservoirs and
15 the sai<l Shepley Tank be revived and the Corporation be authorised
to make coruplete and maintain the same as hereinafter provided
and to make and maintain the other waterworks by this Act
authorised:
And whereas in dealing with the difficulties that have arisen
20 in the construction of the Butterley Reservoir the Corporation
impounded water for the purpose of testing the water holding
capacity of that reservoir and questions have arisen as to whether the
Corporati~n have thereby rendered themselves liable to the penalties
prescribed by Section 28 of the Act of 1890 with regard to the dis-
25 charge from the said reservoir of the compensation water provided by
the said Act and it is expedient that the special provisions in this
Act contained should he enacted for the protection of the Corporation
and the occupiers of mills and works interested in the
water impounded as aforesaid :
-30 Aud whereas by the II uddersfield Waterworks Tramroad Act
1894 (in this Act called "the Act of 1894 ") the Corporation were
authoril:ied to construct a tramroad in connection with their waterworks
undertaking:
Hudde1·sfield Co1'poration Act 1902.
And whereas ~uch tramroad has been constructed by agreement
with the landowners upon whose lands the same has been laid :
And whereas it is provided by the Act of 1894 that imme_
diately after the completion of the said ButtRrley and Blakeley
Reservoirs the rails of the said tramroad shall be taken up and the !>
easement over the lands occupied by the said tramroad and works
shall cease :
And whereas the period for the construction of the said reservoirs
having expired doubts have arisen as to whether the rails of the
said tmmroad should be taken up : I O
And whereas it is expedient that the powers of the Corporation
to make maintain and use the said tramroad should be revi ,·ed
enlarged and continued as hereinafter provided :
And whereas by moneys subscribed by merchants manufacturers
and others interested in the industry of the borough an 1 !>
institution has been established in and for the borough known as the
Technical College Huddersfield and the lands buildings and property
held in connection therewith are vested in trustees who hold the
same on the trusts declared in an indenture bearing date the thirtyfirst
day of October one thousand eight hundred and eighty-five : 20
And whereas the administration of the said College has assumed
large dimensions and entails heavy responsibilities upon the said
trustees governors an<l the governing body and it has been carried
on at a loss:
And whereas there is a strong public feeling in the horough 2!>
that the said College shoukl be administered by the Corporation :
And whereas the life arid ot lwr members of and the donors and
subscribers to the said Colle,re liave consenterl to tlw transfer of tl1e
~ '
illstitution to the Corporation :
And whereas it is expedient that the said College and tl1e 30
lands buildings and property therrnf vested in the said trustees or
governing body should be transferred to the Corporation and tliat
the agreement bearing date the eighteenth day of January one
thousand nine hundred and two made between the trustees of the first
pnrt the governors of the l'econ<l part aul tlie Corporation of the 35.
Huddersfield Corp01·ation Act 1902. 5
third part contained in the Second Schedule to this Act and the
scheme in the said agreement contained should be confirmed and
that other provisions should be made for the maintenance and
management of the said College :
5 And whereas a certain Institution has been established in the
Lockwood district of the borough known as the Lockwood Mechanics'
Institution 1nd the said Institution and the lands buildings and
property held in qonnection therewith are vested in trustees who
hold the same on the trusts declared in an Indenture bearing date
10 the twenty-sixth day of June one thousand eight hundred and
sixty-six :
And whereas it is expedient that the said Institution and the
said lands buildings and property vested in the said trustees should
be transferred to the Corporation and the Agreement bearing
15 date the eighteenth day of January one thousand nine hundred
and two made between the said trnstees of the first part the Committee
of Management of the said Institution of the second part
and the Corporation of the third part contained in the Fourth
Schedule to this Act and the scheme in the said Agreement con-
20 tained should be confirmed and that other pr•:.visions should be
made for the maintenance and management of the said Institution :
And whereas the Corporation have been empowered by the
Huddersfield Electric Lighting Orders 1890 and 1896 to erect an
electric lighting station and to supply electrical energy throughout
25 the borough and further powers are necessary m connection with
that undertaking :
And whereas it is expedient that the powers of the Corporation
in relation to the health bcal government and improvement of the
borough should be enlarged as by this Act provided:
30 And whereas it is expedient that the Corporation be authorised
to acquire lands for the purposes of their waterworks and other the
purposes of this Act :
And whereas it is expedient that the Corporation should be
enabled to raise moneys for the purposes of this Act:
~) C
6 Huddersfit:'ld Corporation Act 1902.
And whereas estimates have been prepared by the Corporation
in relation to the purchase of land for and for the execution and
completion of the works powers to construct which are by this Act
revived and of the works by this Act authorir,ed and such estimates
are as follows : For the general purposes of the water undertaking 5
one hundred and sf:'venty-five thousand pounds and for the Technical
College thirty-five thousand pounds :
And whereas the several works and purposes mentioned in
such estimates are permanent works within the meaning of Section
234 of the Public Health Act 1875: 10
And whereas plans and i;;ections showing the lines and levels
of the works powers to construct which are by this Act revived and
of the works authorised by this Act and plans of the lands which
the Corporation may acquire under this Act and books of reference
to such plans containing the names of the owners and lessees or re- 15
puted owners and lessees and of the occupiers of the lands required
and which may be taken under the powers of this Act have. been
deposited with the Clerk of the Pt>.ace for the West Riding of the
county of York which plans sections and books of refereuce are in
this Act respectively reff:'rred to 3,s the deposited plaus sections and 20
books of reference :
And whereas the objects aforesaid cannot be effected without
the authority of Parliament :
And whereas an absolute majority of the whole number of the
Council at a meeting held on the tenth day of December one 25
thousand nine hundred and one after ten clear days' notice by public
advertisement of the meeting and of the purpose thereof in "The
Huddersfield Weekly News and South West Yorkshire Record" a
local newspaper published and circulating in the borough such
notice being in addition to the ordinary notices required for 30
summoning that meeting resolved that the expense in relation to
promoting the Bill for this Act should be charged on the borough
fund and rates leviable within the borough :
And whereas that resolution was published twice in tlie
said newspaper and has received the approval of the Local 35
Government Board :
Huddersfield Corporation Act 1902. 1
And whereas the propriety of the promotion of the Bill for this
Act was confirmed by an absolute majority of the whole number of
the Council at a further special meeting held in pursuance of a
similar notice on the fifteenth day of January one thousand nine
5 hundred and two being not less than fourteen days after the
deposit of the Bill for this Act in Parliament:
And whereas the owners and ratepayers of the borough by
resolution in the manner provided in the Third Schedule of the
Public Health Act 1875 consented to the promotion of the Bill for
10 this Act:
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
15 assembled and by the authority of the same as follows (that is to
say):-
PART !.-PRELIMINARY.
1. This Act may he cited for all purppses as the Hudden,field Short title.
25
30
Corporation Act 1902.
2. This Act is divided into parts as follows:-
Part I.-Prelimin~ry.
Part II.-Waterworks.
Part III.-Acquisition of Lands.
Part IV.-Technical College.
Part V.-Lockwood Mechanics' Institution.
Part VI.-Electricity.
Part VII.-Milk Supply.
Part VIII.-Ice Cream.
Part IX.-Police.
· Part X.-Finance.
Part XL-Miscellaneous.
Act divided
into parts.
Provisions
of certain
general
Acts
incorporated.
8 H1tclde nyielcl Co17Joration Act 1902.
3. The following Acts and parts of Acts (so far as the same
are applicable for the purposes of and are not inconsistent with the
provisions of this Act} are hereby incorporated with this Act
namely:-
" The Lands Clauses Acts " ;
"The provisions of the Railways Clauses Consolidation Act
1845" with respect to the temporary occupation of lands
near· the railway during the construction thereof;
5
"The Waterworks Clauses Act 1847" (except the provisions
with respect to the amount of profit to be received by the 1 O
Undertakers when the waterworks are carried on for their
benefit and except Section 83 relating to accounts) but
that Act shall be read and have effect as if the words
with the consent in writing of the owner or reputed
owner of any such house or the agent of such owner were 15
omitted from 8ection 44 ;
"The Waterworks Clauses Act 1863."
Interpreta- 4. In this Act unless thfl sub1ect or context otherwise
tion. J
requires-
" The Borough" means the county borough of Huddersfield ; 20
"The Corporation" means the Mayor Aldermen and Burgesses
of the borough ;
" The Council" means the Town Council of the borough ;
" The Town Clerk" " the Treasurer" " the Medical Officer"
- mean respectively the Town Clerk the Treasurer the 25
Medical Officer of Health for the borough and respectively
include any person duly authorised to discharge temporarily
the duties of those offices ;
" The Borough Fund" and "Borough Rate " mean respectiv~ly
the borough fund and borough rate of the borough as :-JO
provided by the recited Acts ;
"Th1! Water Undertaking" means the waterworks undertaking
for the time being of the Corporation ;
Hudde1'.efi,eld Co1·poration Act 1902.
"The Waterworks Engineer" and "the Waterworks Engineers"
mean the waterworks engineer or the waterworks manager
of the Corporation for the time being ;
"Daily penalty" means a penalty for every day on which any
5 offence is continued after conviction ;
" Dairy II means any farm farmhouse cowshed milk store milk
shop or other place from which milk is supplied or m
which milk is kept for the purposes of sale ;
,: Dairyman" met1ns any cow keeper purveyor of milk or occupier
1 0 of a dairy ;
The word "Street" or "Streets" shall have the same meaning
as that word is defined to have by the Huddersfield
Improvement Act 1871 and the Huddersfield Waterworks
and Improvement Act 1876;
15 "Statutory borrowing power" means any power whether or not
coupled with i:l, duty of borrowing or continuing on loan
or reborrowing money or of redeeming or paying off or
creating or continuing payment of or in respect of any
annuity rent charge rent or other security representing or
20 granted in lieu of consideration money for the time being'
existing under any Act of Parliament public or local'
passed or to he passed or under any Provisional Order
connrmed by Act of Parliame11t passed or to be passed or
under any order or sanction of any Government depart-
25 ment or given or to be made or given by authority of any
Act of Parliament passed or to be passed ;
"Statutory security II shall hav~ the same meanmg as that,
assigned to it by the Huddersfield Corporation Tramways
Act 1900;
30 "The Public Health Acts" means the Public Health Act 1875,
and any Act amending the same ;
" The Municipal Corporations Acts" means the M.unicipal
Corporations Act 1882 and any Act u.mel\..l• tbe same; M D ~g
Revival of
powers.
10 Jludde1·s.field Corporation Act l 90~.
" The recited Acts " means the unrepealed provisions of the
local Acts specified in the First Schedule to this Act and
the Provisional Orders relating to the borough confirmed
by the Acts also specified in the same Schedule ;
Words and expressions fa which meanings are assigned to 5
enactments incorporated with this Act have in this .A.et
the same respective meanings unless there be something
in the subject or context repugnant to such construction;
In the Railways Clauses Consolidation Act 1845 for the pur- 10
poses of this Act the expressions "the railway" " the
work" and "the centre of the railway" respectively mean
the reservoirs and works powers to construct which are
by this Act revived and the works by this Act authorised
a.n<l connected therewith and the boundaries thereof 15
respectively.
And in construing the provisions of the Waterworks Clauses
Act 1847 for the purposes of this Act the powers and provisions
of Section 12 of that Act ("Undertakers subject to provisions of this
and the special Act may execute the works hereir1 named ") shall 20
apply to the reservoirs and works powers to construct which are by
this Act revived and the works by this Act authorised as fully as
if the same were set forth in this Act but this expressed application
8h,all not limit or affect the general application of the said Act as
hereinbefore incorporated with this .A.et. 25
PART II.-W ATERWORKS.
6.-(1) The powers of the Act of 1890 to make and maintain
the storage reservoir therein referred to as the Butterley
Reservoir and hereinafter described and all other powers of the
Corporation in reference thereto are hereby revived and may be 30
exercised by the Corporation notwithstanding anything in the said
Act to the contrary.
H,uldersfield Co,·porntiori Act 1 902. 1L
The reservoir above refe1Ted to and 110w in course of construction
is a storage reservoir situate wholly in the parish and urban district
of Marsden formed by means of an embankment placed across the
valley of the brook known as the W essenden Brook near the
.l; junction of Butterley Clough Brook with the said Wessenden Brook
and extending along the said valley in a south-easterly direction
from the said embankment to the embankment of the Blakeley
Reservoir hereinafter described and also extending along the valley
of the said Butterley Clough Brook in a south-westerly direction for
10 a distance of twenty-four chains or therea.bouts measured up the
course of that hrook from its junction with the said Wessenden
Brook.
(2) The powers of the Acts of 187i and 1896 to make and
maintain the storage reservoir therein referred to as the Blakeley
15 Reservuir and hereinaft~r described and all other the powers of the
Corporation in reference thereto are hereby revived and may be
exercised by t~e Corporation notwithstanding anything in the said
Acts to the contrary.
The reservoir above referred to and now in course of construction
·20 is a 1::1torage reservoir wholly situate in the said parish and urban
district of Marsden formed by an embankment across the W essenden
Brook near to the stream called the Great Clough Brook.
(3) The powers of the Act of 1896 to make and maintain
the service tank therein referred to as " the Shepley Tank " and
25 hereinafter described and all other the powers of the Corporation
in reference thereto are hereby revived ancl may be exercised by the
Corporation notwithstanding anything in the said Act to the contrary.
The tank above referred to is a service tank and will be wholly
30 situate in the parish and urban district of Shepley on lauds (abutting
on the south-east and south-west sides upon the boundary line of the
parish of Fulstone in the urban di'3trict of Newmill) the property of
the Corporation and in the occupation of Arthur Woodhead and
numbered 631 632 and 633 respectively on the T"too Ordnance map
.35 of the parish of Shepley Sheet 273-1.
Power to
construct
new works
1 -~ Hudde1·sfield Co1 1>oratlon Act 1902.
(4) The powers of the Act of 189-l to make form lay
down work use anrl maintain the tramroad therein referred to
and hereinafter described and all other the powers of the Corporation
in reference theret9 are hereby revived and may be
exercised by the Corporation notwithstanding anything in the said 5
Act to the contrary and the Corporation may enter upon take and use
such of the hinds shown upon the deposited plans and described
in the depositt>d books of referenc1~ a8 may be requisite for the purposes
aforesaid.
The trarnroad hereinbefr,re refern·d to is the following :- 1 O
A tramroad wholly within the said parish and urban district
of Marsden commencing at a point 240 yards due east of
the north-eastern face of the Stand Edge Tumu·l of the
Huddersfield and Manchester Railway of tbe London and
North Western Railway Company and terminating near 15-
the western end of the embankment now in course of
construction of the said Butterley Reservoir together with
all necessary and proper rails plates sleepers jnnctionH
turntables turnouts gros~ings passing places sidings loops
junctions stables ~ngine houses sheds buildings arches 20
piers abutments embankments works and conveniences
connected therewith rt>spectively or as may be necessar_,.
or convenient to the efficient working of the said tmmroad
or for affording access to the buildings sheds and works
of the Corporation. :!5-
(5) The Corporation may complete and maintain the said
reservoirs and the said tramroad in the lines and according
to the levels shown on the deposited plans and sectio11~
relating thereto respectively as if those plans and sectiolls had
respectively been referred to in the Acts of 1871 1890 ISD-1 and ~I0-
1896 in lieu of the depositt>d plans in those Acts defined.
6. Subject to the prnvii,ions of this Act and in the lines and
according to the levels shown on the deposited plans and sections
relating thereto the CorporatioH may make and maintain tht'
following works (that is to ~ay) :- 35-
Huddersfield Corporation Act 1902. 13
A catchwater drain and conduit wholly situate in the
said parish and urban district of Marsden commencing at
or near the foot of the existing bye-wash of the W essenden
Hea,d Reservoir and terminating in the existing Deer Hill
Reservoir catch water authorised by the Huddersfield Water
Act 1869 (in this Act called "the Act of 1869 ") at a point
ten and a-half chains north-east of the farmhouse called
Hey Green the property of the Corporation and in the
occupation of Ja mes Haigh.
1 O Provided that the Corporation shall not be entitled to construct
or use the said catchwater drain and conduit for the purposes of
their water undertaking until the completion of the Butterley
Reservoir unless in the meantime t.he Commissioners of the
W essenden Reservoir shall permit them to use the same such per-
15 mission to be in writing under the hand of the Clerk and Treasurer
for the time being of the said Commissioners or other their authorised
Agent.
7. The following provisions for the benefit and protection of For th~
the Urban District Council of Marsden (hereinafter in this section ~~~:t•on
20 referred to as "the Council") sLall except in so far as may be ~arsdeu
otherwise agreed between the Council and the Corporation apply rn:~:t
and have effect (that is to say):- Council
( 1) In constructing the catch water drain and conduit authorised
by the section of this .Act the marginal note whereof is
25 "Power to construct new works" the Corporation shall at
each of the several points where the said catch water drain
and conduit crosses the footpath leading from New Lane
to Isle of Skye construct and maintain a proper and
substantial footbridge to carry the said footpath over the
30 said catchwater each such bridge to have a clear available
width of not less than four feet and to be properly and
efficiently fenced on either side ;
(2)
35
(u}
If during the construction of the said works it is found
necessary or convenient to temporarily deviate the said
footpath the Corporation shall provide a. suitable substituted
footpath for the use of the P'll\t c and no public
E ll\
Power to
make
subsidiary
works.
14 Huddersfield Corporation Act 1902.
footpath in the district of the Council shall be stopped up
diverted or interfered with by the C()rporation under the
provisions of this Act unless and until the Corporation
provide substituted footpaths for the convenience of the
public using the same ; 5
(3) The Corporation shall during the construction of the said
works erect and maintain around the same where necessary
suitable and proper fences for the protection of the public ;
(4) If any difference arise between the Corporation and the
Council with reference to any of the matters provided for 10
by this section such difference shall be settled by an
arbitrator to be agreed on by the parties in difference or
foiling agreement to be appointed by the Board of Trade
on the application of either of the parties.
8. The Corporation may in connection with the works powers 15
to construct which are by this Act ravived and the. works by this
Act authorised make and maintain all proper dams trenches walls
embankments bridges roads ways wells boreholes tanks cisterns
basins gauges :filters filter beds sluices bye-washes waste weirs
iulet works outfall!'.'.1 overflows washouts diseharge pipes shafts 20
tunnels adits aqueduct,s culverts cuts catchwaters channels conduits
mu.ins pipes standpipes junctions engines valves hatch-boxes
chambers drains telegraphic and telephonic apparatus roadways
approaches fences buildings houses works and conveniences connected
with the herein before described works or any of them or incidental 25
thereto or necessary or convenient for conducting controlling
inspecting cleansing repairing or managing the same or for completing
and making watertight the said reservoirs.
Provided that no telegraphic or telephonic apparatus made and
maintained under the aut,hority of this Act or the Huddersfield 80
Improvement Act 1871 shall be used for the purpose of transmitting
telegrams in contravention of the. exclusive privilege conferred
upon the Postmaster-General by the Telegraph Act 1869 Provided
that nothing in this Act contained shall affect any rights or
powers of the Corporation under Section 208 of the Huddersfield 35
Improvement Act 1871.
Huddersfield Corporation Act 1902. 15
9. The Corporation may stop up and discontinue for public use St.oppif!gup
any public road or footpath shown on the deposited plans as intended ~!!J~b~~c
to be stopped np and upon the stopping up and discontinuance of the footpaths.
same respectively the sites and soil thereof respectively shall be by
J this Act vested in the Corporation so far as they are the owners of
the adjoining lands on both sides freed from all public and ot,her
rights over or affocting the same.
10. The provisions of Section 21 (Limits of deviation) of the Act Extending
ot 1890 shall extend and apply to the works powers to construct ~:!!t:n.
10 which are by this Act revived and to the works by this Act
authorised as fully as if the same had been re-enacted in this Act
with reference thereto Provided that the Corporation in constructing
and completing the Butterley and Blakeley Reservoirs
may deviate from the levels shown on the deposited sections t~ any
1•5 extent not exceeding four feet upwards and to any extent downwards
and in constructing the said tramroad to any extent not
exceeding three feet either upwards or downwards except where
laid across a street or rou.d and in constructing the said intended
catchwater to any extent not exceeding three feet upwards or
-20 ten feet downwards.
11. If the works powers to construct which are by this Act Period ~or
revi.v e d or 1·r t he waterwork s by t h"1 s A et auth or1. se d respecti.v e1 y ocof mwpolrektiso.n
are not completed within ten years from the passing of this Act
then on the expiratio11 of that period the powers by this Act
25 revived or granted for the making of such respective works or
othe1·wise in relation thereto shall cease except as to such of them
or so much thereof respectively as shalJ then be completed but
nothing in this Act shall restrict the Corporation from extending
enlarging altering reconstructing or removing any of their works
10 mains or pipes from time to time as occasion may require.
12. (A) For the purpose of enabling the Corporation to fill Temporary
and test the Butterley Reservoir the following provisions shall during iso::5ions
such period as may be found requisite for that purpose not exceeding Butterle!
five years from the passing of this Act have effect that is to say:- Reservmr
.35 (1) Subject as hereinafter in this section provided it shall be
lawful for the Corporation from time to titne until the
16 Huddersfield Corporation Act 1902.
said re~ervoir shall have been proved to be sufficiently
watertight to the satisfaction of the Corporation to divert
co1lect and impound the waters which by the recited Acts
and t.his Act they are empowered to take for the purpose of
filling and testing the Butterley Reservoir notwithstanding 5
that such reservoir shall not have been completed without
causing to flow from that reservoir the compensation water
required to be provided by Section 26 of the Act of 1890 ;
(2) The Corporation shall during such time as they so divert
collect or impound such wa.ters und1~r tbe powers of this 10
section discharge from the said reservoir into the W essenden
Brook compensation water not exceeding the amount of
compensation water provided for by section 26 of the Act
of 1890 so long as there is sufficient water in the said
reservoir for the purpose : Provided that whenever there 1 5,
is not sufficient water for such purpose in the said reservoir
the Corporation shall not by any act of theirs interfere
with the free flow of and shall allow the whole of such
waters to flow through the Butterley Reservoir uninterruptedly
into the Wessenden Brook below the embank- ~0-
ment of the said reservoir ;
(3) Such compe~sr.tion water shall be discharged at such times
and in such quantities as the Clerk Treasurer or other
agent for th6 time being of the Commissioners of the
W essenden Reservoir shall direct and a suitable temporary 2l>
gauge or gauges for measuring such compensation water
(including any water escaping from the Butterley Reservoir
as mentioned in sub-Section 4 of this section) shall be
constructed by the Corporation at proper points above the
intake of the mill occupied by John Edward Crowther at 30-
Otti wells and shall be maintained by the Corporation and
the provisions of Section 27 of the Act of 1890 with
respect to the inspection and examination of gauges shall
extend and apply to any tAmporary gauges so constructed ;
(4) In calculating the amount of compensation water so to be 35-
provided by the Corporation t.he quantity of water
lludderl!fteld Corporation Act 1902. 17
escaping from the Butterley Reservoir into the Wessenden
Brook above the intake of the said mi11 occupied by John
Edward Crowther at Ottiwells shall be taken into account ;
( 5) The provisionR of Section 28 of the Act of 18 90 shall
5 extend and apply to the maintenance of the temporary
gauges to be constructed· and to any neglect by the
Corporation in the discharge of compemation water under
the provisions of this section and to any breach by the
Corporation of the provisions of the proviso to sub-Sec-
10 tion 2 of this section ;
( 6) The Corporation are hereby empowered from time to time
to empty the Butterley Reservoir and execute such
remedial works as the Corporation may think fit to make
the said reservoir sufficiently watertight and on the·
15 construction of such works may subject as hereinbefore in
this section provided proceed again to collect and impound
water in the said reservoir in order to test its water-holding
capacity and RO from time to time until the said reservoir
shall have been proved to be sufficiently watertight to the
20 satisfaction of the Corporation ;
(7) In the event of the water so rismg m the Butterley
Reservoir or otherwise acting or m the opm1on
of the Waterworks . Engineers of the Corporation
being likely to act so as to endanger the security aud
25 stability of the said reservoir or any of the works or plant
in connection with such reservoir then and in every such
case the Corporation shall be entitled to empty the said
reservoir or discharge such quantity of water from the
said reservoir as may in the opinion of the said Water-
30 works Engineers be requisite to reduce the quantity of
water impounded to prevent such danger as aforesaid
Provided that the Corporation shall make full compensatio11
to all owners and occupiers of mills or works injuriously
affected by tbe letting off of the water of the R.itter!ey
35 Reservoir as provided by this and the last preceding
sub-section.
(u) F
Temporary
provisions
as to
Blakeley
Reservoir.
18 Huddersfield Corporation Act 1902.
(B) Except as hereinbefore provided the Corporation ~hall not
be entitled to appropriate or use any of the water impounded by
them in the Butterley Reservoir until the said reservoir shall to the
satisfaction of the Corporation be found to be sufficiently watertight
and thereafter the provisions of the Act of 1890 shall be and 5
continue in full force and effect.
( c) Nothing in this section shall affect the rights of the
Commissioners of the W essenden Reservoir. under nor the restriction
and obligation imposed upon the Corporation by paragraph 8 of
the agreement scheduled to the Act of 1890. 10
(o) The Corporation shall pay to the Commissioners of the
W essenden Reservoir the annual sum of fifty pounds for work done
and expenses incurred under this section ..
(E} The rights powers and privileges conferred on and granted
to the Corporation by this section shall be in addition to and not in 15
derogation of their existing rights powers and privileges.
(F) If any difference arise between the Corporation and the
said Commissioners under this section other than and except any
difference which may arise as to the matters referred to iu subSection
5 of this section such difference shall be s~ttled by arbitra- 20
tion by au Engineer to be agreed on by the. parties in difference or
failing agreement to be appointed by the Board of Trade on the
application of either of the parties and otherwise in accordance '\\'ith
the provisions of the Arbitration Act 1889.
13. For the purpose of enabling the Corporation to fill and 25
test the Blakeley Reservoir the provisions of the section of this
Act of which the marginal note is "Temporary provisions as to
Butterley Reservoir" shall mutatis mutandis apply to and in the case
of the Blakeley Reservoir : Provided that the Corporation shall not
be liable to cause to flow down the Wessenden Brook a larger 30
quantity of compensation water than is provided for by Section 26
(As to compensation water) of the Act of 1890: Provided
further that all compensation water to be discharge<l by the
Corporation under the Act of 1890 and this Act into the Wessenden
Brook shall be discharged from the Butterley Reservoir. 35
Huddersfield Corporation Act l 90i. 19
14. Subject to the provisions of this Act the following pro- Pro~ont1
visions ~f the Act of 1890 and the Act of 1894 shall extend and fc~~
apply mutatis mutandis to the waterworks and tramroad powers to watelrr- .__
• wor e or.u.
construct which are by this Act authorised to be revived and con- to apply .
.1'i tinued and to the works by this Act authorised to be constructed
(that is to say):-
Act of 1890.
Section 22. Power to take waters :
Section 24. Provisions for preventing fouling of water ;
10 Section 25. Power to agree as to drainage of lands &c. ;
Section 26. AB to compensation water;
Section '27. Gauges to be erected ;
Section 28. Penalty for neglecting to discharge compensation
water;
l 5 Section 30. Compensation for damage.
Pr"vided that the following sections of the Act of 1890
that is to say Sections 26 (As to compensation water) 27 (Gauges to
be erected) and 28 (Penalty for neglecting to discharge compensation
water) shall not apply until the Butterley Reservoir is sufficiently
· 20 watertight to the satisfaction of the Corporation or until the
expiration of five years from the passing of this Act whichever shall
first happen.
Act of 1894.
Section 5. As to crossing pub1ic roads &c. ;
25 Section 7. For protection of Marsden Local Board (now
Marsden Urban District Council) ;
SP.ction 8. Tmmroad to be used only for purposes of the said
reservoirs and to be temporar): ;
Section 9. Corporation may use trucks adapted for use on
30 railways ;
Section 13. Gauge and mode of formation ()\' tn\mron.d;
Limiting
supply for
domestic
purposes
in times of
drought.
20 Huddersfald Corporation Act 1902.
Section 14. As to rails of tramroad ;
Section 15. Corporation to adopt improvements if required by
Board of Trade ;
Section 16. Further provisions as to construction of tramroad ;
s~ction 17. For the protection of the London and North 5-
Westem Railway Company;
Section 18. Inspection by Board of Trade ;
Section 19. Penalties · tbr not maintaining rails in proper
order;
Section 20. Tramroad always to be kept on level of surface of 10·
roads;
Section 21. Application of road materials excavated in construction
of tramroad ;
Section 22. Agreements between the Corporation and road
authorities ; 15-
Section 23. Use of steam power to be subject to regulations of
Board of Trade ;
Section 24. Penalty for using steam power contrary to Act or
regulations ;
Section 25.
Section 26.
Bye-laws;
Penalty for breach of bye-laws;
Section 27. As to recovery of penalties;
Section 28. Orders and bye-laws to be signed &c. ;
Section 29. Provisions as to arbitration ;
20
Section 30. Form and delivery of notices; 25·
Section :n. Damages and charges in case of dispute to be
settled by justices.
15. Notwith1:1tanding anything coutained in the recited Acts or
any contract or obligation made or t.o be made thereunder for the supply
of water either inside or outside the borough the Corporation may 80
at their discretion in timt>s of mrnsual drought or under other
exceptional circumstances l1init the supply of water for domestic
purposes inside and outside the borough Provided that such
limitation shall be ma<le to apply equally throughout the whole of
the water limits of supply of tlie Corporation so that no preference 35
Hudder.efkld Corp<Yration Act. 1 902. 21
shall be given to consumers inside the borough over consumers
outside the borough.
16. Notwithstanding a.nythinp: in Section 68 (Water Rents) of Amendment
tht> Act of 1869 and the Third Schedule to that Act the Corporation ;!0':rer
5 ma.y-
(A) Charge for water supplied for domestic purposes b_y rent
based in all cases on the gros~ estimated rental of the property
as assessed to the poor rate and such gross estimated rental
may be deemed to be and taken as the value of the
10 property for the purposes of the said Third Schedule
whtther the actual amount of rent paid can be ascertained
or not; and
(B) Charge for water supplied to premises licensed for the sale
of wine beer and spirituous liquors or any of such liquors
15 and to shops offices warehouses or other similar property by
meter or by such rent based as last aforesaid and such
gross estimated rental as aforesaid may be deemed to be
and taken as the value of the property for the purposes
of the said Third Schedule whether the actual amount of
20 rent paid can be ascertained or not as aforesaid Providerl
that the price to be charged for a supply hy measure shal]
not exceed two shillings per thousand gallons.
17. Notwithstanding anything contained in the recited Acts or AgreethisActwith
respect to the compensation water to be afforded from any :::~~~0
25 of the reservoirs and works of the Corporation the Corporation may C?mpensafi
. . . d . .f!f.'. • h t10n water rom time to time enter mto an carry mto euect ::1.greements wit in times of
the Commissioners of the W essenden Reservoir the occupiers of drought &c
mills and works and all other persons interested in or affected by such
compensation wa.ter for suspending or restricting the discharge of
30 such compensation water in times of drought or under ot.her
exceptional circumstances upon such terms and conditions as may
be agreed between the parties.
(u) G
Power to
&<',quire
lands.
22 Huddersfield Corporation Act 1902.
PART Ill.--ACQUISITION OF LANDS.
18. Subject to the provisions of this Act the Corporation may
enter upon tR.ke use and ho]d all or any part of the lands delineated
on the deposited plans and described in the deposited
books of reference and may hold such of them as the Corporation 5
have already acquired for the purposes of their waterworks undertaking.
Provided that the Corporation shall not acquire any portion
· of the common or commonable ]and known as Pudding Real Moss
Upper Hill Holly Bank Moss and Hay Brinks but they may for and 10
in connection with the construction and maintenance of the works
authorised by the section of this Act whereof the marginal note is
"Power to construct new works" purchase and acquire an easement
or right of constructing repairing cleansing and maintaining the said
works through such lands. The said easement or right shall during 15
the construction of the said works extend only over such area of the
said common lands as shall be necessary to admit of the Corporation
running- out the slopes of the said works in cutting and throwing up
embankments. When and so soon as the said works have been
constructed the said easement or right shall not extend over a 20
greater area of the said common lands than shall be necessary for
the purposes of the said works a11d the Corporation shall have all
necessary rights of access by their contractors agents or workmen to
and from the snid works for tte purpose of maintaining cleansing
repairing and inspecting such works. The said easement or 25
right shall be deemed to be lands for the purposes of the
Lands Clauses Acts. The Corporation shall not be required or
entitled to fe11ce off or sever any portion of such common lands
from the adjoining lands but the owners and commoners
shall at all times after the completion of the works have the 30
same right of passing over such lands and ( unless prohibited by
statute and subject to all statutory provisions with respect to mineH
or support of works) mining under such lands and for all purposes of
or counected with the use or enjoyment of the adjoining lands as if
such lands had not been taken or used by the Corporation. 35
Hudder.ifi,eld Corporation Act 1902. 23
19. The following sections of the Huddersfield lmprovemeut Applring
Act 1880 (in this Act caHed "the Act of 1880 ") the Act of 1896 ~=0118
and the Huddersfield Corporation Act 1897 (in this Act called" the of Acts of
AC't of 1897 ") shall so far as the same are applicable in that behalf ~:'1~:;6
.5 and are not inconsistent with the provisions of this Act extend and M t.o land•·
apply muta.tis mutandis to and in relation to the lands by t,his Act.
authorised to be acquired (tha.t is to say) :-
Act of 1880.
Section 99.-Power to take easements &c. by agreement.
lO Act of 1896.
Section 20.-Sale of superB.uous lands.
Act of 1897.
Section 22.-Correctfon of errors as to lands ;
Section 24.-- Limitation oi time as to compulsory purchase of
15 lands;
Section 25.-Power to acquire additional lands by agreement ;
Section 26.--Consideration for such acquisition.
20. The Corporation shall not under the powers of this Act or Restrictions
under the powers of any Act revived or extended bv this Act on diRμlac-
• mg person11
'20 purchase or acquire ten or more houses which on the fifteenth day oflabouring
of December next before the passing of this Act or of the former class.
Act by which the purchase or acquisition was originally authorised
were occupied either wholly or partially by persons belonging to the
labouring class as tenants or lodgers or except with the consent of
25 the Local Government Board ten or more houses which were not
so occt1pied on the said fifteenth day of December but have been or
shall be subsequently so occupied.
If the Corporation acquire or appropriate any house or houses for
the purposes of this Act ill contravention of the foregoing provisions
:80 they shall be liable to a penalty of five hundred pounds in respect
of every such house which penalty Hhall be recoverable by the Loc:al
Government Hoard by action in the High Court and shall be carried
to and form part of the Consolidated Fund of the United
Kingdom : Provided t.hat the Comt may if it think fit reduce such
-35 penalty.
Agreement
confirmed.
Transfer of
Technical
College t.o
Corporation.
Day of
lransfer.
Maintenance
and
control of
Technical
College.
24 Hu,dder~field Corporation Act 1902.
For the purpose8 of this section the expression "house" means
any house or part of a house occupied as a separate dwelling and
the express10n "labouri11g class" means mechanics artizans labourers
and others working for wages hawkerR cost.ermongers persons not
working for wages but working at some trade or handicraft without 5
employing others except members of their own family and persons
other than domestic servants whose income doP-s not exceed· an
average of thirty shilli~~s a week and the families of any of such
persons who may he residmg with them.
PART IV.--TECHNICAL COLLEGE. 10
21. The Agreement set out. in the Second Schedule to this Act
is hereby ratified confirmed and made binding on the parties thereto
aud may and shall be carried into effect according to the true inte11t
and meaning thereof.
~2. The transfer of the unde1 taking known as the Technical 15
College Huddersfield described and set forth in the Third Schedule
to this Act shall subject to the powers of this Act and of the said
Scheduled Agreement bA carried into effect and the undertaking
lands buildings endowments emoluments funds charities investments
moneys property rights powers privileges and obligations of the 20
trustees governors and governing body of the said College shall
by virtue of this Act be transferred to and shall vest in the Corporation
as from the day of transfer and from that day may be
held exercised and enjoyed by the Corporation and the said trustees
governors and governing body are hereby authorised and 25
empowered to transfer the said undertaking lanrls buildings endowments
emoluments fonds charities investments moneys property
rights powers privileges and obligations accordingly.
23. The day of transfer shall be such day prior to the first
<lay of November one thousand nine hundred and three as tbe 30
Corporation and the trustees governors and governing body of the
said College may fix.
24.-(1) The Corporation shall (subject to the provisions of
this Act) hold the said undertaking so vested in or transferred to
Hucl<lf~refield Corporation Act 100~. 25
them upon the terms of the said agreement as set out i11 tlic Second
Schedule to this Act and tlie Corporation are hereby empowered
to make such rules in whole or in part and from time to time to
make new rules in connection therewith as occasion may require.
5 (2) The management and control of the said undertaking so
vested in or transferred to the Corporation shall be exercised by the
Corporation who shall have in addition to the powers which may
be vested in them by the Technical fostruction Act 1889 or auy
other Act all the powers now vested in the saiLl trustees g-overnors
10 and governing body.
(3) In connection with the management and control of tl1e said
undertaking so Yested in and transferred to them the Corporation:
(A) May and they are hereby empowered so far as they may
think fit t,o vary or extinguish the rights and privileges of
15 life and other members and of donors and subscribers to
the said undertaking and of free and presentee students ;
(B) May let any part or parts of the buildings or property of
the said college from timP. to time for such period at such
rents and on such terms and conditions as they may deem
~O expedient Provided that no lease made under this section
shall be for any term of year.s exceeding twenty-one years
or for the purposes of any secondary school
( 4) The Corporation may and they are hereby empowered to
charge fees for the admission of Rtudents or members of the said
25 College and in connection with the user thereof.·
25. (A) Clause 56 of a scheme made under the Endowed Schools Provisions
Acts 1869 1873 and 1874 on the 26th day of August 1881 in the ~:ytage's
matter of the FreEi Grammar School of King James in Almondbury t,~;!f!~d
is hereby repealed. The Corporation may pay such annual sum as Technical
30 they may think fit to the Governors of the Alrnondbury Grammar t~~~ent.
School to be applied by them towards its maintenance.
(B) The scheme made under the said Endowed School Acts on
the 28th day of October 1879 in the matter of Thomas Armytage's
Charity in the Borough and the Scheme made under the Charitable
35 Trusts Acts 1853 to 1869 on the 24th day of Fehn,arY 1ssri for the
(u) H .
26 Hudd,,1·.,;field Corpo1"ation Act 1902.
same endowment in the matter of At·mytage's Technical School
Endowment are hereby repealed and the same endowment shall
henceforth be consolidated with and form part of the said College
suhject to the application of a sum of £100 a year in the maintenance
of Scholarships tenable at the said College to be awarded for 5
merit on the results of such examination as the Corporation think
fit as nearly as may be equally to boys and girls who have been for
not less than three years educated at any of the Public Elementary
Schools or Grammar Schools in the Borough and who are not less
than 15 years of age. 10
( c) Nothing in this Act shall affect the powers of the Board of
Education under the said Endowed Schools Acts or the Charitable
Trusts Acts 1853 to 1894 and the Board of Education Act 1899
and the Board of Education (Powers) Order in Council 1~01 or
otherwise to frame or make schemes for the said endowment.. 15
Application 26. The said undertaking so ve,,ted in and transferred to. the ~: f!:ro~e- Corporation as aforesaid shall be a school within the meaning of
ment Act of Part XI (Libraries museums schools of science and art) of the
1871 to ..
Technical Huddersfield Improvement Act 18, 1 and the powers of that part
-Oollege. of that Act shall apply accordingly. ::20
Agreement
confirmed.
Transfer of
.Lockwood
Mechanics'
Institution
to Corporation.
PART V.-LOCKWOOD MECHANICS' INSTITUTION.
27. The Agreement set out in the Fourth Schedule to this Act
is hereby ratified confirmed and made binding on the parties thereto
and shall be carried into effect according to the true intent and
meaning thereo£
28. The transfer of the undertaking known as " the Lock wood
Mechanics' Institution" described and set forth in the Fifth Schedule
26
to this Act shall subject to the provisions of this Act and the said
Agreement set out in the Fourth Schedule to this Act be
carried into effect antl the undertaking property rights powers 30
privileges and obligations of the trustees members and
governing body of the said institution may by virtue of this
Hudde1·s.field Gorponition A et I 90~. 27
Act be transferred to and shall vest in the Corporation as from the
day of transfer and may be held exercised ancl enjoyed by the Corporation
and the said trustees members and governing body are
hereby authorised and empowered to transfer the said undertaking
5 property rights powers privileges and obligations accordingly.
29. The day of transfer shall be such <lay prior to the first day Day of
of November one thousand nine hundre,l and three as the Corpora- transfer.
tion and the trustees members and goYerning body of t.lie
Institution may fix:.
10 30.-(l) The Corporation shall (su~ject to the provisions of Mainteuthis
Act) hold the said undertaking so vested in or transferred to ~~~:~~1~f
them upon the terms of the said Agreement as set out in the i111~tit11tio11.
Fourth Schedule to this Act.
( 2) The provisions of the section of this Act the marginal note
15 of which is " Maintenance and control of Technical College " shall
so far as they are applicable and with all necessary modifications
apply to the said Institution and the Corporation may exercise the
powers by that section conferred accordingly.
20
( 3) The Corporation may from time to time prepare make and
carry out such ~cherne or schemes as may be thought desirable for
the mainteuance and management of the said Institution.
31. Tim Corporation may from time to time if they think fit Delegation
delegate all or any of their powers in connection with the said Lock- ~ powers
wood Mechanics' Institution to the Lockwood Sub-Committee of their Lockwood
D1. str.i ct and· H"1 g h ways C omnn. ttee wi· t h power to appo·m t su b- CSuobm-mittee.
committees.
PART VI.-ELECTRICITY.
32. N otwithstandiug anything containeci m tl,e Electric As to
Lighting Acts 1882 an<l 1888 a person shall not be entitled to !,;ff~c~:y
:w demand from the Corporation a supply of electrical energy to where
. . consumer
prennses havmg a separate supply unless such person shall have ha~separate
previously agreed to pay to the Corporation such minimum annual supply.
<Jorporation
may refuse
· to supply
electrical
energy iu
certain
cases
Power to
supply
electric
fittings.
28 Htulda.".field Corpomtion Act I 90~.
sum as will give to the Corporation a reasonable return on the capital
expenditure a:nd other standing charges incurred by the Corporation
to meet the possible maximum demand of such person In case the
Corporation and the person demandiug such supply of electrical
energy shall fail to agree the amount of such minimum annual sum S
to be paid by such person the amount of such minimum annual sum
shall be fixed by an electrical engineer to be appoi11ted as arbitrator
by the President oft he Institution of Civil Engineers.
33. The Corporation may refuse to supply electrical energy to
any person whose payments for the supply of electrical energy or for 10
the hire or sale of electric motors or other things mentioned in the
next following sectioA are for the time being in arrear whether auy
such payments he due to the Corporation in respect of a supply to
the premi~es in respect of which such supply is demanded or in
respect of other premises. IS
34. The Corporation may purchase and provide sell let for hire
and fix set up alter repair and remove (but shall not manufacture)
lamps meters electric lines fittings apparatus and things for
motive power and for heating and cooking purposes for which
electrical energy can or may be used or otherwise necessar.v or 20
proper for the supply distribution consumption or use of electrical
energy and may provide all materials and do all works necessary or
proper in that behalf and may require and take such remuneration
in money or such rents and charges ·for and make such terms and
conditions with respect to the sale letting fixing setting up altering 25
repairing or removing of such lamps meters electric lines fittings
apparatus and things as aforesaid and for securing (both as regards
the cousumer and third parties) their safety and return to the
Corporation as the Corporation may think fit or as may be
agreed upon between them and the person to or for whom the 30
same are sold supplied let fixed set up altered repaired or
removed Provided that nothing in this section shall authorise the
Corporation to provide or fix electric light fittings upon any
, . consumers prenuses.
l\laterials 35. No electric motor engine or lamp meter or other electrical 35 :~;pt~~nf; fitting and apparatus let for hire by the Corporation shall be subject
Huddersfield Corp01·atiun Act 1902. 29
to distress or to the landlord's remedy for rent nor to be taken in C.>rpofration
• -1· • to be ree
axecution under any process of law or equity or any proC'.ee,,mg m from
bankruptcy against the person or persons in whose possession the distress.
same may be Provided that such motor engine lamp meter fitting
5 or apparatus is markAd or impressed with a sufficient mark or brand
indicating the Corporation as the actual owners thereof.
PART VII.-MILK SUPPLY.
36.-(1) Every person who knowingly sells or suffers to be sold Peu_.uty f_or
or use d 1~ or hu man consumpti.o n w.i th "m t he bo roug h t h e m1" lk of any soefl ldmisge amseidlk
10 cow which is suffering from tuberculosis of the udder shall be liable cows.
to a p~nalty not exceeding ten pounds.
(2) Any person the milk of the cows in whose dairy is sold or P~~alty on
sutf.o re d to b e so ld or us ed 1~o r h uman consumpti.o n w.i th "m t h e fisao1lhantge to
borough who after becoming aware that any cow in his dairy is diseased
cow~.
15 suffering from tuberculosis of the udder keeps or permits to be
kept such cow in any field shed or other premises along with other
cows in milk shall be liable to a ptmalty not exceeding five pounds.
(3) (A) Every dairyman who supplies milk within the borough Ublig~tiou
and has in his dairy any cow affected with or suspected of or exhibit- :S:t~{
20 ing signs of tuberculosis of the udder shall forthwith give written tn~rcunotice
of the fact to the medical officer stating his name a.ud 10818
"
address and the situation of the dairy or premises where the cow is.
(B) Any dairyman failing to give such notice as required by this
sub-section shall be liable to a penalty not exceeding forty shillings.
25 (4) (A) It shall be lawful for the medical officer or any person Power to
provided with and if required exhibiting the authority iu writing !:.1:ples of
of' such medical officer to take within the borough for examination milk.
samples of milk produced or sold or intended for sale within the
borough.
30 (B) The like powers in all respects may be exercised outside the
borough by the medical officer or such authorised person if he shall
first h~ve obtained from a justice having jurisdiction in the place
(u) I
Power to
inspect
cows and
t.o take
samples of
milk.
30 Huddersfield Corporation Act 1902.
where the sample is to be taken an order authorising the taking of
samples of the milk which order any such justice is hereby empowered
to make.
(;;) (A) If milk from a dairy situate within the borough is being
sold or suffered to be ~old or used within the borough the medical 5
officer or auy person provided with and if required exhibiting the
authority in writing cf the medical officer may if accompanied by a
properly qualified veterinary surgeon at all reasonable hours enter
the dairy and inspect the cows kept therein and if the medical
officer or such person has reason to suspect that, any cow in the 10
dairy is suffering from tuberculosis of the udder he may require the
cow to be milked in his presence and may take samples of the milk
and the milk from any particular teat shall if he so requires be kept
separate and separat~ samples thereof be furnished.
(B) If the medical officer is of opinion that tuberculosis is caused 15
or is likely to be caused to persons residing in the borough from
consumption of the milk supplied from a dairy situate within the
borough or from any cow kept therein he shall report thereon to the
Corporation and his report shall be 'l.ccorupanied by any report
furnished to him by the veterinary surgeon and the Corporation 20
may thereupon serve on the dairyman notice to appear before them
within such time not less than twenty-four hours as may he specified
in the notice to show cause why an order should not be made requiring
him not to supply any milk from such dairy within the
borough until the order has been withdrawn by the Corporation. 25
( c) If the medical officer has reason to believe that milk from
any dairy situate outside the borough from which milk is being sold or
suffered to be sold or used within the borough is likely to cause tuberculosis
in persons residing within the borough the powers conferred
by this sub-section may in all respects be exercised in the case of SO
such dairy Provided that the medical officer or other authorised
pt:rson shall first have obtained from a justice having jurisdiction
in the place where the dairy is situate an order authorising such
entl'y and inspection which order any such justice is hereby
empowered to make. 36
(ll) Every dairyman and the persons in his employment shall
render such reasonable assistance to the medical officer or such
Hudde:rsfield Corporation Act 1902. 31
authorised person or veterinary surgeon as aforesaid as may be
required by such medical officer person or veterinary surgeon for all
or any of the purposes of this sub-section and any person refusing
such assistance or obstructing such medical officer person or
i veterinary surgeon in carrying out the purposes of this sub-section
shall be liable to a penalty not exceeding five pounds.
(E) If in their opinion the dairyman fails to show cause why
· such an order may not be made as aforesaid the Corporation may
make the said order and shall forthwith serve notice of the facts on
3.0 the county council of any administrative county in which the dairy
is situate and on the Local Government Board and if the dairy is
situate outside the borough on the council of that borough or county
district in which it is situate.
(F) The said order shall be forthwith withdrawn on the Cor-
15 poration or their medical officer being satisfied that the milk supply
has been changed or that it is not likely to cause tuberculosis to
persons residing in the borough.
( G) If any person after any such order has been made supplies
any milk within the borough in contravention of the order or sells
20 it for consw.mption therein he shall be liable to a penalty not
exceeding five pounds and if t.he offenee continues to a further
penalty not exceeding forty shillings for every day during which
the offence continues.
(H) A dairyman shall not be liable to an action for breach of
2:i contract if the breach be due to au order under this sub-section.
(1) The dairyman may appeal against an order of the Corporation
under this sub-section or the refusal of the Corpora.tion to
withdraw any such order either to a petty sessional court having
jurisdiction within the borough or at his option if the dairy is situate
30 outside the borough to the Board of Agriculture who shall appoint
an officer to hear such appeal Such officer shall fix a time and
place of hearing within the borough and give notice thereof to the
dairyman and the town clerk not less than forty-eight hours before
the hearing Such officer shall for the purposes of the appeal have
35 all the powers of a petty seEisional court.
The Board of Agriculture may at any stage require payment
Oompenauoa.
Notice of
provisions
of this part
of .Act.
32 Huddersfield Corpm-ation Act 1902.
to them by the do.iryman of such sum aR they deem right to secure
the payment of any costs incurred by the Board of Agriculture in
the matter of the appeal.
The Court or the Board of Agriculture as the case may be
may confirm vary or withdraw the order which is the su~ject of the 5-
appeal and may direct to and by whom the costs of the appeal
(including any sum paid or payable to the Board of Agriculture as
aforesaid) are to be paid but pending the decision of the appeal the
order shall remain in force unless previously withdrawn by the
Corporation. 10-
37. If an order is made witliout due cause or if the Corporation
unreasonably refuse to withdraw the 01·der the dairyman shall
if not himself in default be entitled to recover from the Corporation
full compensation for any damage which he has sustained by reason
of the making of the order or of the refusal of the Corporation to 15-
withdraw the order.
The Court or the Board of Agriculture may determine and
st,ate whether an order the subject of appeal has been made
without due cause and whether the Corporation have unreasonably
refused to withdraw the order and whether the dairyman has been 20-
in default.
Any dispute as ·to the fact whether the order has been
made or maintained without due cause or as to the fact of
default where any Ruch fact has not been determined by the
Court or Board of Agriculture or as to the fact of damage or 25-
as to the amount of compensation shall be determined in the mannet·
provided by Section 308 of the Public Health Act 1875 and that
section shall accordingly apply and have effect as if the same
were herein re-enacted and in terms made applicable to any such
dispute as aforesaid. 3(}
38. The Corporation shall cause to be given public notice of the
effect of the provisions of this part of this Act by advertisement
in local newspapers and by handbillR and otherwise in such manner
as they think sufficient and this part of this Act !:!hall come into
operation at such time not being Jess than one month after the first 35-
Huddersfield Corporation Act 1902. 33
publication of such an advertisement as aforesaid as t.he Corporation
may :fix.
39. Offences under this part of this Act may be prosecuted and Procedure.
penalties may be recovered by the Corporation before a petty sessional
5 court having jurisdiction in the place where the dairy is situate or
the offence is committed and not otherwise.
40. All expenses incurred by the Corporation in carrying As to
·m to execut1· 0n t h e provi·s i·o ns of t b"l S part of t h"1 s A et s h a1 1 be expt>nses.
chargeable upon the borough rate and the Corporation may also
10 charge upon the same rate any expenses incurred by them in the
application by a veterinary surgeon of the tuberculin or other reasonable
test for the purpose of discovering tuberculosis to any cow
whose milk is or was recently being supplied within the borough
Provided that no such test shall be applied except with the previous
15 consent of the owner of such cow.
41. This part of this Act may be carried into execution by a Execution
Co mm.i ttee of t h e Co rporati.o n 1i.' orme d m. accor d ance w.i th and sub "~ ect pofa rtth iosf
to the provisions of the Fourth Schedule to the Diseases of Animals Act by
A. ct 1894 except t h at t h e C omm.i ttee s h a 11 cons.i st w h olly of Committee.
20 members of the Corporation.
PART VIII.-ICE CREAM.
42.-(1) Any person being a manufactureroformerchantordealer For
in ice cream or other similar commodity who within the borough- regulafting
manu ac-
Causes or permits ice cream or any similar commodity to be
manufactured sold or stored in any cellar or room in which
there is an inlet or opening to a drain ; or
(B) In the manufacture sale or storage of any such commodity
does any act or thing likely to expose such commodity to
infection or contamination or omits to take any proper pre-
30 caution for the due protection of such commodity from
infection or contamination; or
(u) K
ture and
sale of
ice cream.
Provisions
as to
children
trarling in
streets.
34 HuddersJi,eld Corporation Act 1902.
(c) Omits on the outbreak of any infectious disease amongst
the persons employed in his business to give notice there,;f
to the medical officer ;
shall be liable for every such offence on summary conviction to a
penalty not exceeding forty shillings. 5
(2) The Corporation shall cause to be given public notice of
the effect of the provisions of this section by advertisement and
notice in accordance with the section of this Act the marginal note
of which is " Notice of provisions of this part of Act " and the
provisions of this section shall come into operation at such time 1 o
not being less than one month after the first puhlica.tion of such
an advertisement and notice as aforesaid as the Corporation
may fix.
p ART IX.-POLICE.
43. The following provisions shall have effect with reference to 15
children trading in the streets (that is to say) :-
(1) "Child" shall mean a boy or girl under the age of sixteen
years;
" Trading in the streets " shall mean vending papers small
wares and other articles in any street in the borough ; 20
" Place of safety" shall have the same me.aning as in the Prevention
of Cruelty to Children Act 1894 ;
(2) The Corporation may make regulations as to the conditions
upon which licenses authorising children to trade in the
streets shall be granted continued suspended and revoked ~!>
including conditions as to the age and sex of children to
whom licenses may be granted conditions for the issue
and wearing of badges and for the regulation of the
conduct of children holding licenses and of the hours
during which the places where and the conditions under 30
which they may trade in the streets 'l'he regulations
shall be subject to the approval of the Secretary of State
and shall both before and after such approval is given be
Hitdders.field Corporation Act 1902. 35
published in such manner ns the Secretary of State may
direct;
Provided that such regulations shall not impose ally
restriction on the grant of licenses on the grounds of
5 the poverty or the previous ba<l character either of the
child or of its parents or guardians ;
(3) Subject to such regulations the Uorporation may grant a
license to any child authorising him to trade in the streets
and aftar such day as may be fixed in the rAgnlations or
10 such later day (hereinafter referred to as "the appointed
day") as may be fixed by the Secretary of State no child
shall trade in the streets unless provided with a license
under this section ;
(4) Any constable may take into custody without warrant any
15 child found after the appointed day trading in the streets
without a license or in contravention of the conditions of
his license and may convey him to a place of safety and he
may be there detained until he can be brought before a
court of summary jurisdiction and that court may make
20 such order as is mentioned in the next following subsection;
(5) Where it appears to a court of summary jurisdiction that a
child has been found trading in the streets without a
license or in contravention of the conditions of his license
:!5 the Court may if satisfied· on inquiry that it is expedient
so to deal with him :
30
(A) Order that the child be taken out of the custody
of the person purporting to have the custody charge or
care of him and be committed to the custody of~ relative
of the child or some other fit person named by the Court
( such relative or other person being willing to undertake
such custody) until he reaches the age of sixteen years or
for any shorter period and the provisions of Sections 7
and 8 of the Prevention of Cruelty to Children Act 1894
shall so far as applicable and with the necessary modifications
apply as if the order had been made under that Act
36 Huddersfield Corporation Act 1902.
and the Court may of its own motion or on the application
of any person by order renew vary and revoke any such
order;
(B) Order that the child if he be under the age of
fourteen years be sent to an industrial school and there- 5
upon all the provisions of the Industrial Schools Acts
shall apply as if the child hacl been so sent under t.hose
Acts; or
( c) In the cvse of a child found trading without a license
the Court may in lieu of making such order impose on sum- l 0
mury conviction a penalty not exceeding ten shillings ;
(G) The Corporation may contribute the whole or part of
the expense of the education and maintenance of any child
dealt with under the preceding sub-section ;
( 7) Any person who having the custody charge or care of a 15
child allows him after the appointed day to contravene
the provisions of this section or any of the regulations
made hereunder shall on summary conviction be liable to a
fine not exceeding twenty shillings for each offence;
(8~ The Corporation in their discretion may contribute to the 2v
expenses of any lodgings fol' children licensed by them
under this section and may pay wholly or in part for the
boarding of such children and may also contribute to the
prov1s10n of clothing for children licensed under this
section; 25
(9) The Corporation may appoint such inspectors and other
officers as they may deem necessary for the purpose of
administering or as~isting in the administration of the
foregoing provisions and for the purpose of periodically
visiting the houses of persons to whose custody any children 30
have been committed under this section and lodgings
mentioned in the preceding sub-section with the object of
:securing the proper treatment of such children;
( 10) Any expense incurred by the Corporation in the execution
of this section shall be defrayed out of the borough fund. 35
Hudderefield Corporation Act 1902. 37
PART X.-FINANCE.
44. The Corporation ma.y from time to time in addition to any Power w
moneys they are now authorised to ix;rrow or which they may be borrow.
authorised to borrow under the provisions of the Public Health Acts
5 or any public general Act borrow at interest for the following pur-
10
poses the following sums on the following securities (that is to
say):-
( A) For paying the costs charges and expenses of and in relation
to this Act as hereinafter defined the sum requisite for the
purpose;
(B) For the purchase of land for and fur the execution and
completion of the works powers to conatruct which are by
this Act revived and of the works by this Act authorised
and for the general purposes of the water undertaking any
15 sum not exceeding one hundred and seventy-five thousand
pounds on the security of the water revenue and the
borough fund and borough rate ;
(o) For the payment of interest since the twenty-fifth day of
July one thousand nine hundred until the completion of
20 the Butterley and Blakeley Reservoirs and the Shepley
Tank on moneys borrowed under the Act of 1890 for• the
purpose of the purchase of land for and for the construction
of the Butterley Reservoir and other works by that
Act authorised and on moneys borrowed under the
25 Act of 1871 &.S coutinued by the Acts of 1882 and
1896 for the purpose of the purchase of land for
and the construction of the Blakeley Reservoir and
for the payment of interest on moneys borrowed Ul!<ler the
powers of this Act for the purchase of laud for and for
30 the execution and completion of the works powers to
construct which are by this Act revived and of the works
by this Act authorised until the completion of the Butterley
and Blakeley Reservoirs and the Shepley Tank such furthet·
sums as may be requisitu for that purpose 011 the security
31') of the water revenue and tbe borough fund aud borough
rate;
(u) L
38 Hudde1·sfi-eld Corpo1·ation Act 1902.
(n) For the discharge of the sums payahle in respect of the
liabilities of the trustees governors and governing body
of the Technical College Huddersfield under the agreement
set forth in the. Second Schedule to this Act and for the
purposes of the transter of the said College on the 5
security of the said College and properties transferred from
the said trustees governors and governing body and of the
borough fund and borough rate such sum as may be
requisite for the purpose not exceeding thirty-five thousand
pounds and such further sums as t.he Local Government 10
Board may sanction ;
(E) For the discharge of the sums plj,yable in respect of the
liabilities of the trustees members and governing body of
the Lockwood Mechanics' Institution under the Agreement
set forth in the Fourth Sche<lule to this Act on the 15
security of the said institution and properties transferred
from the said trustees members and governing body and of
the borough fund and borough rate such sum as may be
requisite for the pnrpose not exceeding five hundred pounds
and such further sums as the LocJtl Government Board 20
may sanction ;
(F) For any of the purposes aforesaid and for any purposes
authorised bv this Act other than those in this section
specifically named to which capital is rroperly applicable
such further and other sums as the Local Government 25
Board may sanction and on such security as that Boar<l
shall approve.
In calculating the amount which the Corporation may borrow
under any other enactment any sums they may borrow under this
Act shall not be reckoned and the powers of the Corporation as to ao
borrowing anrl reborrowing under the powers of this Act shall not
be• restricted by any- of the provisions of the Municipal Corporations
Acts or of the Public Health Acts or of the Local Government
Act 1888 .
.Astomom,y 46. The sum of forty-nine thousand two hundred and twenty- 35
arolrweaeddy f obro r- !'4•I X poun d s two s h1'l lm' gs anr1 two pence bo rrowe d b y t h e Co rporat1.0 n
the pay- for the payment of interest on capital sums raised under any of the
Huddersfield Co'rporation Act 1902. ;39
recited Acts between the twenty-fifth day of July one thousand
eight hundred and ninety and the twenty-fifth day of' July one
thousand nine hundred shal] be deemed to be moneys borrowed for
the payment of interest under Section 40 (Power to borrow) of the
.5 .A.et of 1890.
46. The Corporation shall pay off all moneys borrowed by
them under this Act within the respective periods following from
the respective dates of the borrowing of the same (that is to say) :-
As to moneys borrowed for the purpose (A) mentioned in the
10 section of this Act the marginal note of which is
" Power to borrow " within five years ;
As to moneys horrowed for the purpose (B) in the said section
mentioned within forty-five yea.rs ;
As to money& borrowed for the purpose ( c) in the said section
15 mentioned within thirty years;
As to moneys borrowed for the purpose ( D) in the said section
mentioned not exceeding thirty-five thousand pounds
within sixty years ;
As to moneys borrowed for the purpose (E) in the said section
20 mentioned not exceeding five hundred pounds within
fifteen years ; aud
As to moneys borrowed with the approval of the Local Government
Board within such period as that Board may
sanction.
ment of
interest on
capital.
Periods of
repayment.
25 47. The following sections of the Public Health Act 1875 Provisions
20
(that is t() say) :- 118 gagtoe sm. ort-
Section 236.
Section 2::S7.
Section 2~8.
Section ~39.
Form of mortgage ;
Register of mortgages ;
Transfer of mortgages ; and
Receiver may be appointed in certain cases ;
shall extend and apply mutatis mutandis to and in relation to
mortgages made unde1· the powers of this Act.
48. The following sections of the Huddersfield Tramways and ~pplicalmprovement
Act 1890 (in this Act called" the Improvement Act of :~i~~8 of
35 1890 ") the Act of 1897 and the Huddersfield f!orporatiou Tramways l~~f~i~?
and HI00.
40 !f u.ddersjield Co1·poratio11 Act 1902.
Act 1900 (in this Act called "the Act of 1900 ") shall (with the
necessary modifications and subject to the pro,·isions of this Act)
extend and apply mutatis mutaudis to the moneys borrowed and
re-borrowed under this Act and the repayment thereof:-
The Improvement Act of 1S90.
Section 33. Power to re-borrow ;
Section 35. Sinking funds may be adjusted in certain events;
Section 88. Annual rAturn to Local Government Board with
respect to sinking funds &c. ;
Section 40. Application of moneys borrowed.
Act of 1897.
Section -10. Ai:i to sinking fund ;
Section 42. Corporation not to regard trusts.
Act of 1900.
10
Section 59.
Section 6:l.
Section 66.
Section 67.
As to moneys·raised by Corporation stock 15-
Protection of ]enders from inquiry ;
Audit of accounts ; and
Inquiries and expenses of Local Government
Board.
Mode of 49. The Corporation shall pay ofl all moneys borrowed by 20
~':o:~~ off them under the powers of this Act either hy equal yearly or half
borrowed. , ye.arly instalments of principal or of principal and interest combined
or by means of a sinking fund or partly by one of these methods
and partly by another or others of them Provided that it shall not
be obligatory on the Corporation to commence the repayment (by 25-
sinking fund or otherwise) of any moneys borrowed for the purposes
(B) and (c) mentiorn~d in the section of this Act whereof the
marginal note is " Power to borrow " until the expiration of two
years from the end of the financial year of the Corporation during
which surh moneys may have been borrowed and as regards all 30-
moneys borrowed for the other purposes mentioned in the said
section (other than moneys borrowed for the purpose (A) mentioned in
the said section and money borrowed with the approval of the Local
Government Board) until the expiration of one year from such time.
Hudder.9i,eld Corpo1·ation Act l _902. 41
50. Section 69 (Application of Loans Fund) of the Act of Power to
use Loans 1882 shall be altered by the addition thereto of the following 1''unds
provisions (that iR to say):- inst.elld of
exercising
borrowiDgpower.
5
10
(1) Where the Corporation are authorised by any statutory
borrowing power to raise money for any purpose the
Corpuration instead of exercising such borrowing power by
the creation and issue of additional Corporatio°: Stock may
exercise the said power either wholly or partially by using
for such purpose any money for the time being forming
part of any Loans Fund and not required for the payment
of dividends on Corpon.tion Stock;
(2) The Corporation when exercising the power conferred on
them by Sub-section (1) of this section shall:
(A) Withdraw from the Loans Fund a Rum equal to the
15 amount of the borrowing power pr1Jposed to be exercised
by the user of moneys in the Loans Fund and shall
detern1ine from which account in t.he Loans Fund having
amounts to its credit the said sum shall be deemed to be
withdrawn.
20 (B) Transfer Stock at par value equal to the sum withdrawn
from the Loa.ns Fund from the last-named account to
the account in respect of which the boITowing power is
exercised.
(3) The provisions of the Act of 1882 shall apply to the
25 moneys used from a Loans Fund and to the stock
so transferred as aforesaid as though such moneys had
been raised b.v, the issue of further stock and to such trnnsferred
stock as though it were originally issued stock ;
(4) On every transfer of stock as aforesaid when the whole
30 amount of stock standing to the debit of the particular
account is not transferred the amounts payable to the
Loans Fund in respect of the stock not transferred shall
be such as the Local Government Board approve ;
( 5) In case the Corporatio11 use any Loans Fund money and
(u) M
Application
of moneys
under Act
of 1890.
As to rating
of railways
for certain
purposes.
42 Huddersfield Corporati<ra A et 1902.
transfer stock in respect thereof as aforesaid the original
loan shall pro tanto be deemed to have been paid oft' as if'
the amount of stock transferred had been redeemed out of
Loans Funds :
(6} The Corporation shall render to the Local Government 5
Board all such information (if any) as that Board may
require by reason of the exercise by the Corporation of
the powers of this section.
51. The Corporation may apply to the purposes of the works
powers to construct which are revived by this Act and of the works 10
by this Act authorised being purposes for which capital is properly
applicable and not otherwise any moneys authorised by the Act of
1890 to be raised for waterworks purposes and which have not been
applied as by that Act authorised.
52. Section 341 of the Huddersfield Improvement Act 1871 15
(Assessment for Tithes Railways &c. in certain cases) shall be
incorporated with and form part of this Act. aud shall extend and
apply to any increase or addition made uuder the authority of this
Act to any borough rate levied fur purposes other than purposes
with respect to which the partial exemption is not at present 20
applicable: Provided that the said section shall not be construed to
extend or apply to any borough rate made for the purposes of the
Elementary Education Act 1870 or any Act amending or extending
the same or to any rate made under the Technical Instruction Act
1889 or any Act extending or amending the same or made under 25
any other Act for educational purp0ses or to any education rate
made laid or levied for the purposes of this Act.
Particulars 53. In case of any demaud on any railway company entitled to
t;!fshed partial exemption for payment of the borough or other rate to the
with Corporation it shaU be the duty of the town clerk on the e.pplic-..at.ion 30
dreifffeerreenDcteia lt o of sue h ra1. 1w ay compa.ny to fu rm·s h w·i th "m seven d ays fiu 1 1 part1·c u1 a rs
rates. in writing of the purpose or purposes (if more than one) to which the
rate demanded is applicable and the amount in the pound required
for each of such purposes and such particulars shall also show the
proportion of the amounts in the pound required for each of such 35
purposes in respect of which such railway company is entitled to the
partial exemption aforesaid.
Huddersfield Corporation Act 1902.
PART XI.-MISCELLANEOUS.
54. The Corporation may if they think fit keep separate Separat.e
accounts in relation to the Lockwood MechanicR' Institution and ~unts
·credit all the fees or sums received and charge all the expenses Lockwood
.5 m. curred m. respect, of t h e sa1' d .m sti.t ut1.o n m. e l u dm' g t h e d1' sc ha rge IMnsetcihtuatniiocns'.
of the liabilities of the trustees mem hers and governing body of
the said institution under the Agreement set out in the Fom-th
Schedule to this Act and any other charges and expenses whatever
in relation thereto to and upon the Lockwood district of the
!I. O borou2"h, ·
55. The Corporation may and they are hereby empowered to Education
lay and levy an education rate not exceeding threepence in the rate.
po,und for educational purposes (other thau elementary education)
and when in the opinion of the Corporation the educational require-
15 ments of the borough demand it the Corporation may from time to
time wit.h the consent of the Local Government Board increase the
amount of such rate to such an amount as that Board may
sanction and such rate shall be laid and levied in accordance
with the provisions of Part XXV (Borough Fund and Borough
'20 Rate) of the Huddersfield Improvement Act 1871 except that
Sectiou 341 (Asse1:1sments for tithes railways &c. in certain cases) in
that part of that Act shall not be construed to apply to any education
rate ma.de laid or levied fort.he purposes of this Act.
56.-(I) Where any notice or demand under this Act requires Anthentica-
-25 authentication by the Corporation the signature of the town clerk or ~:iv,:dof
other duly authorised officer of the Corporation or his name affixed Notices.
to any such notice or demand in print or by a stamp shall be
sufficient authentication.
(2) Notices demands orders and other documents required or
:80 authorised to be served under this Act may be served in the same
manner as notices under the Public Health Act 1875 are by Section
267 of that Act authorised to be served : Provided that in the case
of any Company any such notice demand order or document shall be
Powers
of Act
cumulative.
Information11
by
whom t.o be
laid.
Compensation
how
to be
det.ermined.
As to
appeal.
44 Hudder#eld Corporation Act 1902.
delivered or sent by post addressed to the Secretary of the Company
at their principal office or place of business.
67. All powers rights and remedies given to the Corporation by
this Act shall ( except where otherwise expressly provided) be deemed
to be in addition to and not iu derogation of a11y other powers rights 5-
or remedies conferred on them by the Public Health .Acts or any of
them and the Municipal Corporations Acts and the Corporation may
exercise such other powers and be entitled to such other right,:; and
remedies as if this Act had not been passed Provided thJ.t no person
including the Corporation shall incur or he liable for more than one 1 O·
penalty (other than a daily penalty) under the recited Acts or
this Act for the commission of the same offence or for ·the same
11eglect or default.
68. Save as herein expressly provided all informations aud
complaints under or for the breach of any of the provisions of this J 5.
Act or of any bye-laws made thereunder may be laid by an officer
of the Corporation authorised in that behalf or by the Town
Clerk.
69. When any compensation costs damages or expenses is or
are by this Act directed to be paid and the method for detennin- 20·
ing the amount thereof is not otherwise provided for such amount
shall in case of dispute be ascertained and determined in the manner
provided by Section 387 (Settlement of Disputes ru; to Compensation
&c.) of the Huddersfield Improvement Act 1871 and the provisions
of that section shall apply accordingly. 25
60. Any person deeming himself aggrieverl by any order
judgment determination or requirement or the wi( !:holding of any
certificate licence or consent or approval of or by the Corporation
or of or by any officer or valuer of the Corporation or by any conviction
or order or dismissal by a court of summary jurisdiction 30
under any provision of this Act or any bye-law made under the
powers of this Act may if no other mode of appeal is provided
by this Act appeal to the next practicable court of quarter sessions
under and according to the provisions of the Summary Jurisdiction
Acts and in regard to any such order judgment or determination or 35-
dismiFsal the Corporation may in like manner appeal Provided that
Huddersfield Corporation Act 1902. 45
it shall not be requisite for the Corporation to enter into any recognisance
or to make any deposit of money.
61. Save as otherwise by this Act expressly provided all Recovery_
oinre nces aga•m st t h1' s A et an d ·a ll pena lt i.e s i'o r1.e e•1 tures C?Bts an d o&fc . penalties
5 expenses imposed or recoverable under this Act or any bye-law
made in pursuance thereof may be prosecuted and recovered in a
summary manuer Provided that costs or expenses except such
as are recoverable along with a penalty shall not be recovered as
penalties but may be recovered summarily as civil d~bts.
10 62. Nothing in this Act shall protect any person from being ~':fflg for
proce ede d aga·m st by way of m· d1' ctment m· respect of any matter by &mcd. ictments
this Act made punishable on summary proceedings or shall relieve
any person in respect of any such matter from any penalty or other
consequence to which he would have been liable if such matter had
15 not been made punishable by this Act Provided that no person
shall be punished for the same offence under this Act and also under
any other Act.
63. A judge of any court or a justice shall not be disqualified J_udgee_ not
f.r om act.m g m. t he executi.o n of t h1' s-A et by reason of .h "I S be .m g disqualified.
20 a member of the Corporation or liable to the borough rate.
64. All the costs charges and expenseE> preliminary and of and Costs of
incidental to the preparing applying for and obtaining this Act as Act.
taxed by the Taxing Officer of the House of Lords or of the House
of Commons shall be paid by the Corporation out of the borough
25 fund and borough rate or out of moneys borrowed under the
provisions of this Act.
[SCHEDULES
(u) N
46
The
Huddersfield Corporation Act 1902.
Schedules referred to
foregoing Act.
FIRST SCHEDULE.
Huddersfield Burial Ground Act 1852.
Huddersfield Gas Act 1861.
Huddersfield Water Act 1869.
Huddersfield Waterworks Act 1871.
Huddersfield Improvement .Act 1871.
Huddersfield Waterworks and Improvement .Act 1876.
Huddersfield Improvement Act 1880.
Huddersfield Corporation Act 1882.
Hnddersfield Tramways and Improvement Act 1890.
Huddersfield Corporation Waterworks .Act 1890.
• ID the
Huddersfield Electric Lighting Order 1890 ( confirmed by the Electric Lighting
Orders Confirmation (No. 3) Act 1890).
Borough of Huddersfield Order 1890 Longwood (confirmed by the Local Government
Board's Pro,·isional Orders Confirmation (No. 15) Act 1890).
Huddersfield Waterworks Tramroad A.et 1894.
Huddersfield Waterworks Act 1896.
Huddersfield Electric Lighting Order 1896 (confirmed by the Electric Lighting
Orders Confirmation (No. 1) Act 1896).
Huddersfield Corporation Tramways Order 1897 (confirmed by the Tramways
Orders Confirmation (No. 2) Act 18!l7).
Huddersfield Corporation Act 1897.
Huddersfield Corporation Tramways Order 1898 (confirmed by the Tramways
Orders Confirmation (No. 2) Act 1898).
Huddersfield Corporation Tramways Order 1900 ( confirmed by the Tramways
Orders Confirmation (No. 1) Act 1900).
Huddersfield Corporation Tramways Act 1900.
Hudde,·sfield Corporution Act 1902. 47
SECOND SCHEDULE.
TECHNICAL COLLEGE HUDDERSFIELD.
MEMORANDUM OF AGREEMENT mnde the eighteenth day of January one
thousand nine hundred and two between Edward Armitage Esquire Sir Thomas
Brooke Baronet Thomas Walker Brooke Esquire Sir Joseph Crosland Knight
Benjamin Schofield Esquire George Thomson Esquire Joseph Bate Esquire
Enoch Heppenstall Esquire Joseph Lowenthal Esquire and James Priestley
Esquire all of Iluddersfield in the county of York hereinafter called "the
Trustees" of the first part and John Arthur Brooke of Huddersfield Esquire
the said Sir Joseph Crosland Knight . David Johnston of Huddersfield Esquire
Benjamin Allen of Huddersfield Esquire the said Joseph Bnte .Alderman Robert
Mac Shaw Mayor of Huddersfield the Right Honourable William Thomson Baron
Kelvin of 15 Eaton Place London S.W. Master of the Worshipful Company of
Clothworkers London Joseph Crowther ot Huddersfield Esquire President of
the Huddersfield Chamber of Commerce the Reverend Robert Bruce M.A.
D.D. Chairman of the Huddersfield School Board Eli Whitwam Chairman
of the Huddersfield Board of Guardians for the Huddersfield Union
Alfred Charles Cronin of 25 Kensington Palace Mansions London W. Esquire William
Hunter of Cathay House Eltham Kent Esquire John Beaumont of Huddersfield
Esquire John Cooper Broadbent of Huddersfield Esquire the said James Priestley
Owen Balmforth of Huddersfield Esquire Frederick Arthur Barras of Huddersfield
Esquire Allen Gee of Huddersfield Esquire George William Hellawell of Huddefflfield
Esquire John Holroyd of Huddersfield Esquire William Henry Jessop of
Huddersfield Esquire Sam Kendall of Huddersfield Esquire Ephraim Mellor of
Huddersfield Esquire Tom Albert Cockin of Huddersfield Esquire Ernest Woodhead
of Huddersfield Esquire John Bower Robinson of Marsden Esquire Henry
lfoberts of Springbank Holmfirth near Huddersfield Esquire Frederick Watson
Beadon of Huddersfield Esquire the said Sir Thomas Brooke Baronet Frederick
Eastwood of Huddersfield Esquire Edwards Watkinson of Huddersfield
Esquire the said Joseph Bate the said Sir Joseph Crosland Knight the said Enoch
Heppenstall the said George Thomson James Edward Willalll'I of Huddersfield
Esquire Edward Hildred Carlile of llelme Ball near Huddersfield Esquire Thomas
Kilner Mellor of Huddersfield EKquire John William Piercy of Huddersfield Esquire
George Taylor Porritt of Huddersfield Esquire und John 8ugden of Hudder@field
Esquire hereinafter called "the Governors" of the second part and the Mayor
Aldermen and Burgesses of the borough of Huddersfield in the said county of York
hereinafter called "the Corporation" of the third part.
48 Iludderefi,eld Corporation Act 1902.
Whereas by an Indenture of Lease dated the twenty-sixth day of August 1882
and made between Sir John \Villiam Ramsden Baronet of the one part and the said
Ed ward Armitage John Fligg Brigg Edward Brooke Thomas Brooke Thomas Walker
Brooke Joseph Crosland William Roulston Haigh Henry Lister William Marriott
Wright Mellor Benjamin Schofield John Sugden George Thomson and George William
Tomlinson and Henry Brooke and Henry Dyson Taylor (both since deceased) thereinafter
called "the Lessees" of the other part the said Sir John William Ramsden
in exercise of the power given to him as the Leasiug Authority by the Ramsden
Estate Act 1887 and of e,·ery other power him enabling demised and leased unto
the said lessees all that piece of land situate in Queen Street South Princess Saint
Paul's and Page Streets in Huddersfield aforesaid containing by adm.easurement on
the north-east side thereof two hundred and forty-one feet nine inches on the southwest
side thereof two hundred and forty-two feet nine inches on the north-west
side thereof one hundred and twenty-one feet three inches and on the south-east side
thereof one hundred and nineteen feet and in the whole three thousand two hundred
and thirty-three square yards more or less bounded on the north-east side thereof
by Princess Street aforesaid on the south-west side thereof by Page Street aforesaid
on the north-west side thereof by Queen Street South aforesaid and on the south-east
side thereof by Saint Paul's Street aforesaid but so that nine feet in breadth along
the north-east north-west and south-west sides thereof respectively and six feet in
breadth along the south-west side thereof should at all times hereafter be used as
public footways and which said demised premises are more particularly delineated in
the plan endorsed upon the now being recited Indenture of Lease together with a
full free and uuinterrupted right of roadway or passage to and for the lessees
and their tenants servants and visitors for all purposes and on all occasions
and with or without horses cattle and carriages to pass and repass to and from
the said demised premises over and along Princess Street Page Street Queen
Street South and Saint Paul's Street aforesaid reserving nevertheless unto the
said Reversioner as therein mentioned to hold the said premises the1-eby demised
with the appurtenances unto the said lessees for the term of nine hundred and ninetynine
years to be computed from the twenty-ninth day of September one thousand
eight hundred and eighty at the yearly rent of one hundred and twenty pounds four
shillings and ninepence payable half-yearly on the twtinty-fifth day of March and the
twenty-ninth day of September the first half-yearly payment being due on the
twenty-fifth day of March one thousand eight hundred and eighty-one
and with and subject to the covenants conditions and provisions on the
lessees' part in the said now being recited lease contained And whereas
by an Indenture dated the thirty-first day of October one thousand eight
hundred and eighty-five between Edward Armitage (party hereto) John Fligg
Brigg (since deceased) Edward Brooke (since deceased) Thomas Brooke (party
hereto) Thomas Walker Brooke (party hereto) Joseph Crosland (party he1-eto)
William Roulston Haigh (since deceased) Henry Lister (&ince d~sed)
William Marriott (since de~ased) Wright Mellor (since deceased) Benjamin
Schofield (party hereto) John Sugden (since deceased) George Thomson
and George William Tomlinson (since deceased) all of Huddersfield aforesaid
gentlemen of the first part and the said Edward Armitage John Fligg Brigg
Edward Brooke Thomas Brooke Thomas Walker Brooke Joseph Crosland William
Roulston Haigh Henry Lister William Marriott "r right Mellor Benjamin Schofield
Huddersfield Curporat£on Act 1902. 4!).
John Sugden George Thomsou Georg-e "~i!liam Tomlio:son Jo:st·ph Bate Enoch
Heppenstall Joseph Lowenthal and James Priestley of the second part After
reciting the said recited Indenture of Lease of the twenty-fourth day of August
one thousand eight hundred and eighty-two and that such lease was granted to the
said lessees as trustees for and on behalf of an institution called "The Huddcri'field
Technical School and Mechanics' Institute" the constitution and objects of
which were defiued and deciared by cer1ain regulations which were set forth
in and from tl1e Schedull~ thereunder written and the said parties to the nowbeing-
rccited lndentnre had been nominated and appointed as the first trustees
and council of the said Institution and reciting that by means of public
subscrivtions and dcmatious from various trade guilds societies and
charitable bodies and the ptoceeds of sale of the old lluddersfied ~Iechanics· Institute
large and commodious buildings and premises had been erected upon part of th'3
said piece of laud comprised in the said lease and had been furnished and fitted up
and were then in use for the purposes of the said institution And it had been
arranged and agreed by and between the said parties thereto that the said Tru,.;t
premises should be assigned aud the trusts thereof declared in manner t!1ercinafkr
contained s\nd reciting that the Lords of the Committee of Council on Education
had agreed to make a grant in aid c,f the buildings of the said institute amounting
in all to nine hundred and two pounds thirteen Rhillings and twopence that. is to say
five hundred pounds in aid of the building of that part of the mstitute. to be used as
a !;chool of Science and four hundred a11d two pounds thirteen shillings anrl twopence
in aid of the building of that part of the institute to be used as a School of Art upon
having the purposes to which such grant was made secured in manner thereafter
appearing It was witnessed that for the purpose of effecting the said Agreement and
in consideration of the premises they the said parties thereto of the first part did
assign and transfe1· unto the said parties thereto of the second part their
executor,i administrators and assigns All that the said plot, of land with the
buildings and erections thereon then known and used as and for the Huddersfield
Technical Scl1Qol and Mechanics' Institute together with tl1e ways rights and
appurtenances thereto belonging all which lands buildings tenements and premises
were thereinafter designated as the "Trust premises" To have and to holcl unto the
said parties thereto of the second part for the residue of the said term of nine hundrod
a~d ninety-nine years granted thereof by the said lndeLture of Lease subject nevertheless
to the payment from thenceforth of the yearly rent reserved by the snid Lease
and to the obic-crvance and performance of the covenants conditions and provisions
therein contai11E'd and which on the part of the lessees or assignees thereof were or
ought to be ther,c(fo1th observed and performed Upon the trusts nevertheless
and for the intents and purposes and with under and subject to the powers
provisions and declarations thereinafter expressed and declared of and concerning
the said Trust premises that was to say Provided alway,i and it was thereby
declared and agreed by and between th1:, said partie3 thereto that they the said
parties thereto of the second part and the survivors and survivor of them
und the executors or administrators of such survivor and the.ir or hi!! assigns or
other the trustees or trustee for the time being of the Indenture now in recital
(all aud Qae;h of •whom were thereinafter designated as or rE>ferred to as "The
Trustees") should use and occupy or cause or permit to be used and occupied under
thtl direction and control of the said trustees the said Truflt premises with all
(u) 0
~o HuddCl's.field Co;1Jo1·atio;l Act 190:2.
additi ,11,-: or i111prorn111(•11ts which 111ight thc:reafter b:_\ made thereto or thereon as and
for the said Huddcrsliel<l Technical Sihoul and ~!echanics' Institute including
Science School School of Art I ,ccture Rooms Re!iidence of Teachers or Officials
Libraries Museums Savings Bank and other collateral or auxiliary Departments or
Branches in connection therewith for the diffusion and advancement of
education thrift industry science literature and art as the Governors of
the said Institution shall from time to time determine :'IUCh Institution
nevertheless to be condu:::ted allll governed in all respects according to the
regulations set forth in and formiug the Schedule to the now being recited
Indenture and for such other purp0#'S of instraction recreation or entertainment
not inconsistent with the efficie11t management of the said institution as the said
trustees shall from time to time think proper And in the Indenture now in recital
is contai11ed a further declaration that it shall be lawful for the trustees at any time
or times to sell all or any ptLrt or parts of the trust premises for the time being
held upon or subject to the trust,; thereof either by pul>lic auction ot· pri\•atfi
contract and with or under such conditious or stipulations as to title or otherwise
as they might deem proper and abo to buy in any part or parts thereof and to
rescind or vary any l'ontrad for sale aud to re-sell without being- n•spo11sihle for a11y
loss occasioned thereby.
And further that the receipts of the truskes or a majority of tlu.•111 or nf their
treasurer for the time being for any moneys payable to them or him under or
by virtue of the trusts and powers thereof should effectually t:,onerate tht•
person or persons paying the same from being bound or concerne<l to see to the
application thereof or being answerable for the loss misapplication or non-application
thereof ann. that upon any such ;;,ale or mortgage a,; afore;:aicl the
Purchaser sliould not he bound to see or enquire as to the propriety or regularity
of any such sale and notwitbstauding auy impropriE:ty or irregularity whate\"er
in such sale or in any steps or proceedings preliminary thereto or in connection
therewith such sale should as regards the safety possession title or enjoyment
of the purchaser be deemed to be within and in accordance with the aforesaid
powers and lie valid and effectual accordingly And whereas the Schedule to
the recited indenture of the thirty-first day of O<.:tober one thousand
eight hundrt>d and eighty-five contains regulations which provide for
the said Mechanics' Institute combined with the Technical School being
called " the Technical College Huddersfield" and for the administration thereof
by a. governing- body of which the parties hereto <,f the seco11d part
are the present GovcrnorR And whereas additional building!! have been
erected on the said plot of land all(l a large sum of money exceeding fifty thousand
pounds has been expe11ded iu the erection of the technical college and in the fitting
up and e p1ipping- the same which money has been pro\'ided partly by donations from
indil"iduals and partly Ly grants fro:!1 His Majesty's Treasury the \Von,hipful
Company of Clothworkers and other Corporations or bodies and the work of t.he
said college has been and is still being carried on or admiuistered by the
governing body Ami whereas the administration of the said college has
now assumed very large dimensions and entails a very large responsibility
upon the governing body and it has for some time past • been carried on
at a considerable annual loss recently exceeding one thousand pounds per
annum .\nd wherea, there is at the present time a strong public feeling
Hiulclersfield Corporation Act 1902. 51
in favour of institutions of this character being· administered Ly municipal
Corporations at the expense of the ratepayers and whereas negotiations
have for some time past taken place between the governing body of the
school and the Corporation with a view to the transfer of the College to the
Corporation but difficulties have arisen owing to the existence of certain privileged
interests in t;he School and owing to there being no power on the part of the
Corporation to make this purchase and to carry on the work of the School at the
expense of the ratepayers without Parliamentary sanction and it has therefore been
arranged between the parties hereto that these presents should be entered into with
a view to the same l:eing embodied in an Act of Parliament to be obtained by the
Corporation as soo.1 as possiLle.
~ow it is hereb_y agreed by and between the parties hereto as follows:-
1. The trustees with the consent and concurrence of the govtrnors shall as
soon as these presents have been confirmed by Parliament as hereinafter mentioned
convey and transfer unto the Corporation all the heredita111ents and premises
comprised in the said Indenture of Lea~e for all their interest therein with all
crectious and buildings n:>w being on the said plot of land together with the fittings
and fixtures therein and also the cash assets and other property of en:•ry description
belonging to the trustees in connection with the college subject nevertheless to all
the liahilities affe~ting the said hereditamcnts and premises.
2. The Corporation shall pay and diseh1rge all liabilities of the trustees and of
the govnning body in connection with the erection of the said buililings and the
fitting up of the same and the carrying on and administration of the college and
all other liabilities of every kind connected therewith up to the date of such conwyance
and transfer as aforesaid and shall enter into a covenant with the Hoard of
Education in the terms of the letter of the Secretary of the Board of Education to
the Secretary of the College dated the twelfth day of November one thousand nine
hundred.
3. The Corporation shall from the date of such conveyance and transfer as
aforesaid carry on and continue the work of the college in accordance with the
scheme set out in the Schedule hereto.
4. The Bill to be promoted by the Corporation as hereinafter mentioned with
reference to (inter alia) the college may at the option of the Corporation contain
such further or other powers rights privileges and authorities as the Corporation
may require and as Parliament may sar.:ction together with all such borrowing and
other powers as the Corporation may deem expedient for or in relation to the
purposes set forth in the said scheme set out in the schedule aforesaid or any of
them.
"· This agreement , is provisional only and is subject to confirmation by
Parliament. The Corporation shall apply by Bill during the uext :session for
Parlin111e11tary confirmation of these presents and for the necessary powers to
-carry them into effect. The several parties hereto of the first. and second ports
,;hall at the request of the Corporation use tl1eir best ei1deavours to support such
application.
52 Hudd('1.,·field Cu,pvmtim, Act l ~O~.
6. l'nless co11firmatio11 of the"e presents by l'arliameut is obtained before the
first day of November one thousand nine hundred and three any party hereto shall
be at liberty by notice to the others to withdraw from the obligations herein before
entered into. This agreement is subject to such alterations if any as Parliament
may think fit to make therein aud if any material o.lterat.ion is so made either party
shall be at liberty to withdraw from the agreement before the passing of the Bill.
7. All costs of and incidental to the preparation of and to the carrying into
execution of this agreement including the costs of the co11sequent application to
Parliament shall be paid and home by the Corporation.
TllE SCHEDl'LE .A.BOVE REFERRED TO.
SCHEME FOR 'l'HE ADMINI:,TRATION OF THE HUDDERSFIELD
TECH~l<Ja\L COLLEGE.
1. The management and control of the land buildings and prembes agreed to
be transferred to the Corporatiou a.." above mentioned anc.l all property subsequently
added thereto and all endowments and gifts (if any) for the benefit of
the College shall be vested in the Corporation and shall be exercised by the
Corporation acting by the Council through a Committee to be appointed by the
Council subject as hereinafter mentioned and such Committee shall be constituted
as follows :-
Fifteen members or th(• Corporal ion t" I~• appoiuted annually by the Council
out of the members uf the Council.
Five members to be nominated for so long as tuey may be willing to act by the
parties hereto of the first and second parts out of their own num~r. Any
future vacancies in this number to be filled up by the Council 'l'he persons
so appointed may or may not be members of the Council.
The Mayor of Huddersfield for tLe time being.
The Vicar of Huddersfield for the time being.
Three members to be uominated annually by the Huddersfield School Board.
One member to be nominated annually by the Huddersfield Chamber of
Commerce.
Three Members tu be nominated annually by the \Vei,t Riding- County Council
so long as that County Cuuncil make a ,\ early c01.tribution to tlw fuud;; of
the College.
One Member to be uominated annually by tlie Govnnors of the Aln1011dbury
Grammar School Foundation.
Huddersfield Corpo1'ation Act 1902. 53
Three members to be nominated by the present Governors of the Armytage
Technical School Endowment for the residue of the term for which they
were appointed to office under the exising schemes for that endowment. So
long as there shall be any members of the Committee nominated under this
provisi011, the Council shall be entitled to appoint an equal number of
additional members of the Committee.
Such other number of persons (if any) as may be necessary from time to time
to bring up the total number of members to thirty without taking into consideration
the six members last mentioned and as shall be appointed by the Council aud such
persons or some of such persons need not be Members of the Council.
The acts and proceedings of such Committee shall if the Council of the Corporation
so order but not otherwise be submitted to the Co1mcil for approval .And
the quorum of such Committee shall be such as the Council direct and the Council
may from time to time make such regulations as they think fit for the guidance of
11uch Committ.ee and the Council may from time to time remoYe any members
of any such Committee being members of the Council and appointed as
such and a.ppoint i1t the stead of them or any of them other members Rnd such other
members need not if the Council think fit be members of the Council and any such
Committee may appoint any of it.~ members to be a Sub-Committee or Sub-Committees
to execute and discharge any of its powers and duties but the acts of eYery
1111ch Sul--Committee shall unless the Council on the appointment of the Committee
otherwise direct be i111bmitted to the Council for approval.
2.---(a) The general object of the scheme shall be the maintenance aud management
of a Technical College in the borough of Huddersfield for technical education
including im,truction in science and art.
(b) And the Committee may if in their discretion they think fit from time to time
include in the education and instruction of the College such further or other subjects
of an university type and secondary and commercial education and may also provide
such facilities for mental and physical training and recreation as they may determine
i;.ubject "to the confirmation of the Council.
(3) The Board of Education may on the application of the Committee
from time to time in the exercise of their jurisdiction under the Charitable Trusts
Acts 1853 to 1894 and the Board of Education Act 1899 nnd the Board of
Education (Power&) Order in Council 1901 frame Schemes for the alteration of any
portion of this Scheme.
As witness the hands of the parties hereto of the first and second parts and
the Corporate Seal of the Corporation.
p
54 Huddersfield Corporation Act 1902.
The Corporl\te Common Seal of the Mayor Aldermen and
Burgesses of the Borough of Hnddersfielrl was affixed
hereto in the presence of 0 F. C. LunD
Town Clerk.
Witness to the signatures of the said Edward
Armitage Thomas Brooke Thomas W a.Iker
Brooke Joseph Crosland John Sugden George
Thomson ,Joseph Bate Enoch Heppenstall
Joseph Lowenthal James Priestley ,fohn Art.bur
Brooke Da\.id Jolmston Benjamin Allen Robert
MacShaw Joseph Crowther Robert Bruce Eli
Whitwam John Beaumont John Cooper
Broadbent Owen Balm.forth Frederick Arthur
Barras Allen Gee Heorge William Hellawell
John Holroyd William Henry Jessop Sam
Kendall Ephraim Mellor Tom Albert Cockin
Ernest Woodhead Henry Roberts Frederick
,v atson Beadon Frederick Eastwood Edwards
,vatkinson James Edward Willans Edward
Hildred Carlile Thomas Kilner Mellor John
William Piercy and George Taylor Porritt
J . .A. FREEHAN
Solicitor
Huddersfield.
Witness to the signature of the said William
Thomuon Baron Keh·in
P. M. EVANS
Clothworkers Hall
London E.C.
Solicitor.
\Vitness to the signature of the said Alfred Charles
Cronin
P. M. EVANS
Clothworkers Hall
L1mdon E.C.
Solicitor.
Witne~B to the t1ignature of the said ,Yilliam
Hunter
P. M. EVAM
Clothworkers Hall
London E.C.
&>licitor.
EDWARD .ARMITAGE
THOS. BROOKE
T. WALKER BROOKE
JOSEPH CROSLAND
BENJAMIN SCHOFIELD
JNO. SUGDEN
GEORGE THOMSON
JOSEPH BA TE
ENOCH HEPPENSTALL
JOSEPH LOWENTHAL
JAMES PRIESTLEY
JOHN A. BROOKE
DAVID JOHNSTON
BENJ. Al,LEN
R. M. SHA.W
KELVIN
JOSEPH CROWTHER
ROBERT BRUCE
ELI WHITWAM
ALFRED C. CRONIN
WILLIAM HUNTER
JOHN BEAUMONT
J.C. BROADBENT
OWEN B.ALMFORTH
FRE0:1t· A. BARRAS
ALLEN GEE
GEORGE W. RELLA WELL
JOHN HOLROYD
WILLIAM HY. JESSOP
SAM KENDALL
EPHRAIM MELLOR
T. A. COCKIN
ERNER'r WOODHEAD
J. B. ROBINSON
HENRY ROBERTS
FRED1t, W. BE.ADON
I<'RED1t· EASTWOOD
EDWARDS WATKINSON
,J. E. WILL.ANS
E. HILDRED CARLILE
THOS. K. MELLOR
J. W. PIERCY
GW. T. PORRIT'f
Hudder~eld Corporation Act 1902.
Witness to the signature of the said Benjamin
Schofield
Josu.a M. BA.TES
Clerk to Messrs. Brook Freeman
and Batley
Solicitors
HuddersfieM.
Witnf!ss to the signature of the said John Bower
Robinson
ARTHUR ROBINSON
Ottiwells Marsden
Nr. Huddersfield
W oolleu Manufacturer.
55
5& Huddersfield C01J>0ration Act 1902.
THIRD SCHEDULE.
DESCRIPTION OF UNDERTAKING OF TECHNICAL COLLEGE
HUDDERS!i'IELD.
(1) All that undertaking called or known by the name oft.he Technical College
Huddersfield comprising a technical school science school school of art libraries
museum.a and other collateral and auxiliary departmentR or branches in connection
therewith for the diffusion and advancement of Education Science Literature and
Art situate in and abutting on Queen Street South Princess Street Page Street and
St. Paul's Street in the County Borough of Buddersfiel<l in the West Riding of the
County of York together with the buildings and erections thereon.
(2) All t.hat undertaking annexed to the said College known as Armitage's
Technical School Endowment comprising the Foundation known as Armitage's
Charity in the Parish of Huddersfield in the West Riding of the County of York.
lluddas/ield C'ol'pomtion Act l 90~. 57
FOURTH SCHEDULE.
LOCKWOOD MECHAN'IGS' INSTI'l'UTION.
Memorandum of Agreement made the eight.eenth day of January one thousand
nine huudred and two between Sir Joseph Crosland Knight of Royds Hall Huddersfield
James Kenworthy of Beaumont Park Road Lockwood wa~gon builder Joe
Booth ·whiteley of Thornfield Lockwood machine maker John Arthur Brooke of
Fenay Hall Almondbury manufacturer George Matthewman of Great Northcru Street
Huddersfield Market Hall inspector and Owen Shaw of Marton Grove Trinity Street
Huddersfield retired draper (who are hereinafter called the trustees) of the first part
the said Joe Booth Whit,eley Robert MacShaw of Lamb Hall Longwood Reuben
Hirst of Rockfield House Lockwood William Jepson of 66 Bentley Street Lockwood
Thomas Cartwrig-ht of Crosland ;\loor Joseph Berry of Fenton Road Lockwood John
Lancaster Shaw of Torquay in the -county of De\·on Peter Macg.-egor of Lockwood
Road Huddersfield Joseph Lumb of Greenhead Lane Huddersfield the said James
.Kenworthy the 8aid .George Matthewman George Lawton of Meltham Road
Lockwood William Bia.mires of Leeds Road Huddersfield Tom Crowe of Bentley Street
Lockwood ,John William Mallinsou of Lockwood Road Lockwood Alfred Gledhill of
Upper Mount Street Lockwood John Robinson List.er of Btmumont Park Lockwood
William Platt Roberts of Parkside Road Lockwood and Joshua BurgefilS of Fisher
Street Iluddersfield (who are hereinafter called the Committee) of the second part and
the Mayor Aldermen and Burgesses of the county borough of Huddersfield (hereinlifter
called the Corporation) of the t~1ird pa1't.
Whereas by an indenture of lease dated the twelfth April one thousand eight
hundred and sixty-six and made between Robert John Bentley William Horncastle
Hebden Willium Pashley Milner John Crosland Milner James Pashley llu1·beary
and Sarah Susannah Burbeary thereinafter called the " said lessors" of the first
part John Henry Abbey of the second part and John ·woodhead Crosland thereinafter
called the said lessee of the third part All that piece or parcel of ground
situate at or near Lockwood aforesaid bounded on 01· towards the north by a certain
back street five yards wide seventy-seven feet six inches on or towards the south
by the Lockwood and Meltham turnpike road seventy-six feet six inches on or
towards the east on other land belonging to the said lessors one hundred and Hix
feet four inches and on or towards the west by other rand of the said lessors one
hundred and !!ix feet six inches and containing in the whole by admeasurenwnt
nine hundred and two superficial square yards or th~reabonis and which said piece or
parcel of ground is more particularly delineated and deiirribed in the plan drawn in
(u) Q
Huddersfield Corporati"on Act 1902.
tne wargiu of the now being recited indenture of lease And also all that building
then erected or in the course of erection upon the said piece or parcel of ground
thereby demised and intended to be used as a mechanics' hall and all other buildings
and erections then or thereafter to be erected and built thereon 'l'ogether with the
appurtenances (except such free passage and drainage for water or soil coming from
or off any premi"es contiguous or near unto the piece of ground and premises thereby
demised at1 the persons for the time being entitled to the Raid thereby demised
premises in reversion immediately expectant on the determination of the term
thereby granted or their agent for the time being should direct and except such
easements as were or might be obstructed by any buildings placed or to bA placed
upon any contiguous J>roperty to the said lessors) were demised and leased unto the
said lessee hiR executors administratorR and assigns from the twenty-fifth day of
March one thousand eight hundred and sixty-six for the term of nine hundred and
ninety-nine years at the ysarly rent of twelve pounds eight shillings payable as
therein mentioned .
.-\nd when-i1L" by au indenture dated the twenty-sixth day of June one thousand
eight hundred and sixty-six and mac.le b~twecn John Woodhead Crosland of the first
part William \Vhiteley Bentley Shaw Joseph Crosland Uharles Kaye James
Kenworthy Nathaniel Berry John Dow Alfred Urowther James Brierley Frederick
\Vhiteley Armitage and George Kirk (the trustees then electeLI and nominated hy
and on l,ehalf of the Lockwood Mechanics' Institute and who were thereinafter
designated and all included in the tnm " the said trustees ") of the secm,d part all
and-singular tho plot piece or parcel of ground with the rights members and appurtenances
to the same belonging comprised in and demised by the hereinbefore recited
indenture of lease of the twelfth April one thousand eight hundred and sixty-six
together with the erection or building then recently erected or built by the said
trustees upon the said plot of land and then used or intended to be used as a
mechanics' institution And the cottage or teuement and outbuildings connected
therewith ,And all ways drains (except as aforesaid) lights rights easements and
appurtenances to the said piece or parcel of ground belonging or appertaining And
all the estate &c. of the said John Woodhead Crosland therein and thereto were
assigned unto the said trustees their executors administrators and assigns from
thenceforth for all the residue of the said term of nine hundred and ninety-nine
years granted by the hereinbefore recited indenture of lease and subject to the
payment of the renL thereby reserved and to the observance and performance of the
lessees' covenants and agreements therein contained And it was by the indenture
now in recital declared and agrned by and between all the said parties thereto that
tl:ey the Raid t.rustees and each and every of them their and each of their executors
arlministrntors a11d assigns should stand and be possessed of the said tenements and
premi,-es and every part thereof with their appurtenances upon the trust& a1,d for the
ends intents and purposes and with under and subject to the powers provisoes
declarations and agreements thereinafter expressed of and concerning the same (that
was to say inter alia) Upon trust to permit the said buildings then standing and any
buildings which might be thereafter erected upon the said plot of ground to be used
as a mechanics' institution with library class rooms lecture rooms and other
appropriate conveniences by the Lockwood Mechanics' Institution as then established
and by such other society or societies person or persons and for such other
]fodders.field Corporotion Act 1902. · 59
pul'poses uuconnected with nny party in politics or sect iii religion 01· with the
• teaching of any special religious creeds or party politics OI' the inoeulation of
. opinions ad verse to religior.. as should be consistent with the principles and objects of
the said mechanics' institution and subject to such rental or other payments and
with and under such regulations as the committee of management for the time being
of the 'laid mechanic.~• institution should from time to time direct And it was
thereby further agreed and declared that it should be lawful for the said trust.ees or
trustee for the time being at the request and by the direction of at least two-thirds
in number of the members for the time beiug· of the said mechanics' institution who
should have attained the age of twenty-one years and who at the time of such
re,1uest or direction should have been such members for six calendar months or
upwards (such request and direction t,o lie signified by a memorandum or resolution
in writing to be signed by such members respectively) to dispose of and assign the
said parcel of ground buildings and premises or any part or parts thereof either by
way of absolute sale in manner and with the power thereinbefore mentioned (being a
power 1o sell and absolutely dispose of the same either together or in parcels and
f'it.her l,y public auction or private contra.et with other full powers auxiliary thereto)
or in exchange for other premises as therein mentioned.
And whereas the trustees a.re the present trustees duly appointed of the said
Mechanics' Institution and the committee are the present committee of management
thereof.
Aud whereas there is at the prPseut time a public feeling in favour of the said
irn~titution being carried on by the Uorporation for the purposes hereinafter set out.
Aud whereas negotiations have taken place between the trustees and members of
the said institution and the Corporation and in consequence of such negotiations a
meeting duly convened was held on the eighth day of October one thousand nine
hundred and one of the members of the said institution at which it was resolved
first that that meeting thereby requested and directed the trustees to dispose of and
assign by way of absolute !!ale to the Corporation the parcel of ground buildings
and premises comprising the said institution together with the fittings and fixtures
therein and also the cash assets and other property of every description held in
-00nnection with the institu~ion and a memorandum in writing containing the above
resolution was accordiugly duly addressed and made to the trustees the same being
signed by the necessary number of members of the said institution proper for the
purpose.
And whereas the objects of the parties hereto cannot be attained without
Parliamentary sanct.iou and it has been arranged between the parties hereto that
these presents should be entered into with a view to the same being embodied in an
Act of Parliament to be obtained by the Corporation and with this object it was
further resolved at the said meeting first that the trustees and any other proper person
_or persons should be requested and authorised to seal such agreement as they might
deem proper for effecting the transfer of the said institution to the Corporation such
ngreeme11t to be provisional on its being confirmed by Parliament and secondly that
the trustees and all other proper persons should be respectively requested to render
.such h~lp to the Corporation at the re,1ue~t and cost of the Corpomtinn as the latter
fiO Huddersfield Corpomtion Act 1902.
might require for the purposes of the passage thrnugh Parliament of a Bill for confirming
such agreement as aforesaid And such further resolutions were also
embodied in the 11aid memorandum of request addresired and made to the tmstees as
aforesaid.
Now it is hereby agreed by and between the partit'S hereto as follow":-
1. The trm;tees and the committee will as soon as these presents ham been
confirmed by Parliament as h0reinafter mentioned assign and transfer unto the
Corporation all the parcel of ground buildings and premises comprised in and
demised by the hereinbefore recited indenture of lease for all the residue of their
e8tate and interest thPrein with all erections and buildings now being on the said
plot of ground together with the fittings aud fixtures therein and also the cash
assers and other property of every description belonging to the trustees and the
committee in connection with the said institution snbjcct nevertheless to all the
liabilities affecting the same
2. The Corpo1·ation will on such assignment and transfer pay and discharge all
existing liabilities of the trustees and the committee in connection with the erection
of the said buildings and the fitting up of the same and all other liabilities of e,·ery
kind connected therewith np to the date of such assignment and transfer as aforesaid.
3. The Corporation will from the dare of such assignment and transfer as aforesaid
carry on the said institution i11 aceordance with the scheme set out in the
Schedule hereto.
4. The Bill to be promoteJ by the Corporation as bereinaiter mentioned with
reference to (inter alia) the said int-titution may at the option of the Corporation
contain such further or other power1.1 rights privileges and authorities as the Corporation
may require aud as Parliament may sanction together with all such
borrowing- and other powers as the Corporation may deem expedient for or in relation
to the purpose;. set forth in the said scheme set out in the Schedule aforesaid or any
of them.
5. This agreement is provisioual only and is subject to confinnation by
Parliament. The Corporation may apply by Bill dming the nex.t Session for Parliamentary
confirmation of these presents and for the necessary powers to carry
them into effect. The trustees aud the cummittee shall at the request and cost of
the Corporation use their best ende:n-onrs to support such apr,lication.
6. Unless confirmation of thfl8e presents by Parliament is ob~airied before the
first cay of November one thousaud nine hundred and three any party hereto shall
be at liberty by notice to the others to withdraw from the obligations hereinbefore
entered into. 'l'his agreement is snbjeet to rnch alteratiom1 if any that Parliament
may think fit to make therein and if any material alteration is so made either party
shall be at liberty to withdraw from the agreement before the pasRing of the Bill.
7. All costB of und incidental to tlw preparatiou uf and to the carrying intu
execution of this agreement including the costs of tl:e consequent application to
Parliament shall be paid and borne by the Corporation.
1111dcle1·sfteld Corpu1·at£on Act l 902. 61
TIIE SCHEDULE ABOVE REI<'ERRED TO.
SCHEME FOR CARRYING ON THE LOCKWOOD MECHANICS' INSTITUTION.
1. The management and control of the laud buildings and premises agreed to be
t.ransferred to the Corporation as above mentioned and all property subsequently
added thereto and all endowments and gifts (if any) for the benefit of the said institution
shall be vesterl in the Corporation and shall be exercised by the Corporation
acting by the Couucil through a Committee called the Lockwood Sub-Committee of
the Districts and Highways Committee the acts and proct>edings of which Committee
shall be submitted to the Council for approval.
2. The general object of the scheme shall be the maintenance aud manage111ent
of the said institution for the purposes of puhlic meetings and such other purpose~
for the good rule and government of the Lockwood district of the borough as tht>
said Lockwood Sub-Committee with the consent of the Council may approve.
From and after the date of th~ assignment and transfer to the Corporatio11 as
aforesaid the trusts declared by the trust deed of the twenty-sixth day of Ju11e 0110
thousand eight hundred and sixty-six shall cease and determine.
In witness whereof the said parties to these presents of the first and second
parts have hereunto set their respective ban& and seals and the Corporation
have caused their Common Seal to be affixed hereto the day and year first
before written.
Signed sealed and delivered by the said
Sir Joseph Crosland in the presence of
HY. BOLTON
2 Lindley Street
Longwood
Solicitor's Clerk.
Signed sealed and delivered by the said
James Kenworthy in the presence of
HY. BoLT<.>N
2 Lindley Street
Longwood
Solicitor's Clerk.
JOSEPH CROSLAND.
J.AS. KENWORTHY.
SignP.t! sealed and delivered by the said
Joe Booth Whiteley in the presence of
HARRY BOLTON
2 Liudley Street
Longwood
Solidtor's Clerk.
JOE BOOTH WIIITELEY.
(u) R
0
0
0
Huddas.field Co'l'poration Act l 902.
Signed sealed and delivered hy the said
,John Arthur Brooke in the prer;ence of
HARRY BOLTON
2 Lindley Street
l,ongwood
Solicitor's Clerk.
Signed ~led and delivered by the said
George Matthewman in the presence
of
,JOH~ A. HROOKE.
HARRY BoLTox GEORGE ~L\TTHEWMAN.
2 Lindley Street
Longwood
Solicitor's Ulerk.
Signed sealed and delivered by the said
Owen Shaw in the presence of
,J.B. CLARK
21 Bow Street
II u<lderstielrl
Solicitor's Clerk.
Signed sealed and delivered by the said
Robert Mac Shaw in the preRence of
OWEN SHAW.
HARRY BOLTON ROBERT MAC SHAW.
2 Lindley Street
Longwoorl
Solicitor's Clerk.
Signed sealed and delivered hy the said
Reuben Hirst in the presence of
HARRY BOLTON REUBE~ Hll{.',T.
2 Lindley Street
T,ongwood
Solicitor's Clerk.
Signed sealed and delinired by the said
William Jepson iu the presence of
J. B. CLARK WILLIAM JEPSON.
21 Bow Street
Hudderi;.field
Solicitor's Ulerk.
Signed sealed and delirnred hy the said
Thomas Cartwrig·ht in the presence of
HARRY BOLTON THOMAS CARTWRIGHT.
2 Lindley Street.
Lo11gwood
~olicitor's Clerk.
0
0
0
0
0
0
0
Huddas.fteld Corpomtion Act 1902.
Signed sealed and delivered by the said
Joseph Berry in the presence of
HARRY BOLTON JOSEPII llERRY.
2 Lindley Street
Longwood
Solicitor's Clerk.
63
0
Signed sealed and delivered by the said
John Lancast.er Shaw in the presence
of 0 WrLLIA.M DEAKINS JNO. LANCASTER SHAW. L. s.
3 Cleeve Terrace
Torquay
Butler.
Signed sealed and delivered by the said
Peter Macgregor in the presence of
J. B. CLARK P. MACGREGOR.
21 Bow Stree1.
Huddersfield
Solicitor's Clerk.
Signed sealed and delivered by the said
Joseph Lumb in the presence of JOE LUMB.
F. c. LLOYD.
Signed sealed and delivered by the said
George Lawton in the preBf'nce of
HARRY BOLTON GEORGE LA \VTON.
2 Lindley Street
Longwood
Solicitor's Clerk.
Signed sealed and delivered by the said
William Blamires in the presence of WILLIAM BLAMIRES.
J. B. CLAUK.
Signed sealed and deli,cred hy the said
Tom Crowe in the presence of
HARRY BOLTON TOM CROWE.
2 Lindley Street
Longwood
Solicitor's Clerk.
( u) R 2
0
0
0
0
0
6J H11,dders.field Corporation Act U:!02.
Sigued sealed and delivered by the said
,Jolin William Mallinson in the pre,-euce
uf
.J. B. CLARK .J. w. MALLIXSO~.
2 l Bow Street
Huddersfield
Solicitor's Clerk.
Sig11e<l sealed aud delivered by the said
Alfred Gledhill in the presence of
J. B. CLARK ALF. GLEDIII LL.
21 Bow Street
Huddersfield
Solicitor',,; Clerk.
Signed sealed a11d delivered by the 8aid
John Robinson Lister i11 the presence
of JSO. R. LISTEH.
H. BOLTON.
Signed sealed am! delivl'red Ly the said
Joshua Burgess in the presence of
II. BOLTON JOSHUA BURGESS.
2 Lindley Stree1
Lo11gwood
Solicitor's Clerk.
~igned sealed aud delivered Ly the said
William Platt Roberts in the presence
of
J. H. CLAUK WM. P. ROBERTS.
21 Bow Street
Hudderslield
:o;o]icitor's Clerk.
The Corporate Cormuon Seal of the
Mayor Aldermeu and Burgesses of the
Borough of Huddersfield was affixed
lwreto iu the presence of
F. c. LLOYD
Towu Clerk. 0
0
0
0
0
0
Hnddersfield Corporation Act 1902.
FIFTH SCHEDULE.
DESCRIPTION OF UNDERTAKING OF LOCKWOOD MECRANIVS'
INSTITUTION.
65
All that undertaking called or known by the name of the Lockwood Mechanics'
Imititution together with the buildings libraries reading and class rooms and
premises in connection therewith situat.e at Lockwood in the County Borough of
Huddersfield in the West Riding of the County of York.

Huddersfield Corporation Act of 1902

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