Huddersfield Corporation Act of 1906

The Huddersfield Corporation Act of 1906 was summarised as:

An Act to confer further powers on the Mayor Aldermen and Burgesses of the County Borough of Huddersfield with respect to the disposal of trade refuse for the construction of Tramways and Street Works and in regard to Streets Buildings Sewers and Sanitary Matters and for the Health Local Government and Improvement of the Borough and for other purposes.

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6 EDWARD VII.-SESSIO~ 1906. I,
THE HUDDERSFIBLD CORPORATION ACT 1906.
ARRANGEMENT OF SECTIONS.
Preamble
PART 1.-PRELIMINARY.
Short title
Act divided into Parts
. Provisions of certllin general Acts incorporated
Interpretation
PART 11.-DISPOSAL OF TRADE REFUSE.
Powers of Public Health Act to apply
Traders may discharge trade refuse into sewers-Notice of intention
to discharge ...
When provisions of this section to come into force
Production of plans &c.
Power to make separate or combined systems or schemes
Power to combine with other Local Authorities
Disposal of sludge &c.
Corporation shall make general regulations-Nature of general
regulations-As to payments by traders
General regulations to be settled by agreement-Service of general
regulations-When general regulations to become operative--
Meeting of trader;;-Right of trader to call for modification &c.
of general regulations in certain cases •••
List of traders and print of regulations to be filed-Inspection
and copies
Right to call for modification of regulations
Reference of questions in dispute
Penalty for wilful default ...
Agreements for the reception and disposal of trade refuse
Corporation may execute works and make advances
-Apportionment of amount payable for works -
Section Page
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II The Huddersfield Oorporcttion Act 1906.
Saving of agreements
Reservation of the rig~ts of riparian owners
Expenditure to be included in "other expenses" within interpretation
of net annual value
Apportionment of costs where works utilised for domestic sewage ...
Prohibiting discharge of certain liquids &c. into sewers ...
Recovery summarily of any sum of money accruing under this part
of this Act ...
PART III.-TRAl\IW A YS.
Power to make t,ramways
Period for c;ompletion of works
Apparatus used for mechanical power to be deemed part of tramways
Penalty for malicious damage
For the protection of the London and North Western Railway
Company ...
Applying certain provisions of Act of 1900 and Order of 1903 as to
tramways
PART IV.-STREET WORKS.
Power to make street works
Limits of lateral and vertical deviation for Htreet works ...
Power to make suhsidinry works
Power to alter steps areas pipes &c ..••
Corporation empowered or may be required to underpin or otherwise
strengthen houses near works
Temporary stoppage of streets
PART V.-TECHNICAL COLLEGE.
Power to ntencl Technical College ...
PART VI.-LA~DS.
Power to take lands referenced
Persons under disability may grant easements
Owners may be required to sell parts only of certain lands
buildings
Period for compulsory purchase of lands
Power to purchase additional lands by agreement
Correction of errors omissions &c.
Power to retain sell &c. lands
Proceeds of sale of surplus lands
Agreements with landowners
For the protection of John Richardson
and
Section
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_, 9-
The Huddersfield Corporation Act 1906. 111
PART VII.-ELECTRICITY.
Section Page
Repeal of sections 34 and 35 of Act of 1902 46 27
Power to supply electric fittings motors &c. 47 27
Charges for electric light fittings to be shown separately on demand
note ... 48 29
)laterials and fittings supplied by Corporation to be free from
distress 49 29
PART VIII.-STREETS, BUILDINGS, SEWERS, AXD SANITARY.
Crossings for horses or vehicles over footways 50 29
Trees or shrubs overhanging streets 51 30
Power to Corporation to grant licences for bridges over streets 52 30
Amendment of section 19 of Public Health Acts Amendment
Act 1890 ... 53 31
Corporation may order houses to be drained by a combined operation 54 31
Regulation dustbins 55 31
PART IX.-CO?IHIOX LODGING HOUSES.
Hegistration of common lodging houses and keepers 56 32
Regulations as to common lodging house keepers 57 32
Sanitary conveniences in common lodging houses 58 33
Corporation may remove sick person in a common lodging hou,e to
hospital &c. • •• 59 33
Xotice to common lodging house keepers 60 33
PART X.-INFECTIOUS DISEASE.
Exposure of infected persons
fnfected person not to carry on business &c.
Dairymen to furnish lists of sources of their supply of milk and
customers in certain cases
Dairymen to notify infectious disease existing among their
servants
Penalty on guardian permitting infected child to attend school
Principal of school to furnish lists of scholars in certain cases
Protection against infection of books from public library
Removal of person from infected premises
Driver &c. of infected person to ~ive notice
Penalty on furnishing false information to Medical Officer •••
Wake not to be held over body of person dying of infectious
disease
Public notice to be given of provisions of this Part of Act ..
PART XI.-:'iOTIFICATION OF BIRTHS.
Xotice of birth to be given to :\'Iedical Officer •••
61 :H
62 34
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65 35
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73 37
IV The Huddersfield Corporation Act 1906.
Power to borrow
Periods of repayment
PART XII.-FINANCE.
Mode of payment off of money borrowed
As to re-borrowing
Application of sections of the Acts of 1890 189i 1900 and 1902
As to rating of railways for certain purposes
PART XIII.-:MISCELLANEOUS.
Bands of music
Application of Cemeteries Clauses Act 184i to cemeteries of
Corporation ...
Application of Libraries Offences Act 1898 in the Borough
Incorporation of certain sections of the Act of 1902
Confirmation of byelaws
As to appeal
Saving for indictments, &c .•••
Powers of Act cumulative
Crown rights
Costs of Act
SCHEDULE.
Section
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H
H
AN
ACT
To confer further powers on the Mayor Aldermen
and Burgesses of the County Borough
of Huddersfield with respect to the disposal
of trade refuse for the construction of
T1·amways and Street Works and in regard
to Streets Buildings Sewers and Sanitary
Matters and for the Health Local Government
and Improvement of the Borough
and for other purposes.
[ROYAL ASSENT 20TH JULY 1906.]
WHEREAS the County Borough of Huddersfield in the West Riding Preamble.
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 (in this Act referred to as " the
5 Corporation") :
And whereas doubts have arisen as to the nature and extent of the
statutory powers and obligations of the Corporation with regard to the
removal and disposal of trade refuse within the Borough by means of
the sewers and it is expedient that powers should be conferred on the
10 Corporation and the traders with reference thereto:
2 The H1ldde-r·.ifield Corporation Act 1906.
And whereas extensive powers with regard to the supply of
electricity the construction of tramways and with regard to the improvement
and government of the Borough have been conferred upon the
Corporation by the recited Acts :
And whereas by certain of the recited Acts and Orders the 5
Corporation were authorised to lay down within and beyond the
borough the tramways iu those Acts and Orders mentioned and the
powers therein contained were conferred on the Corporation m
respect of the said tramways :
And whereas it is expedient that the Corporation should be 10
empowered to construct and maintain the additional tramways in this
Act described and that further provisions should be made as in this '
Act mentioned in regard to the working by the Corporation of those
tramways: And whereas it is expedient that the Corporation he
authorised to construct the street works by this Act authorised : l :>
And whereas it is expedient that further powers should he
conferred upon the, Corporation with reference to streets buildings
sewers and sanitary matters and further provision made for the health
local government and improvement of the Borough :
And whereas estimates have been prepared by the Corporation in 20
relation to the following purposes in respect of which they are by this
Act authorised to raise money which are as follows:-
For the construction of tramways five thousand three hundred
and forty pounds ;
For the purpose of electrical equipment in connection with the 25
Corporation tramways eight hundred and eighty-two pounds;
For the purchase of lands for and for the street works authorised
by this Act two thousand four hundred and sixty-eight
pounds;
For the extension and enlargement of the Technical College ten 30
thousand pounds.
The Hu,dde1·efi,eld Co1'ponttion Act 1906. 3
And whereas the several works and purposes mentioned in such
estimates are permanent works and it is expedient that the cost thereof
should be spread over a term of years :
And whereas it is expedient that the Corporation should be
5 authorised to raise moneys for the purposes aforesaid and to repay
the above-mentioned sums borrowed as aforesaid:
And whereas plans and sections showing the lines and levels of the
works authorised by this Act and plans of the lands which the Corporation
may acquire under this Act with a book of reference to such plans
1 o containing the names of the owners and lessees or reputed owners and
lessees and of the occupiers of the lands required and which may be
taken under the powers of this Act h:we been deposited with the
clerk of the p,eace fQr the West Riding of the county of York which
plans sections and book of reference are in this Act respectively
15 referred to as the deposited plans sections and book of reference :
And whereas the objects aforesaid cannot be effected without the
authority of Parliament :
And whereas an absolute majority of the whole numher of the
Council at a meeting held ou the sixth day of December one
20 thousand nine hundred and five after ten clear days' notice by public
advertisement of the meeting and of the purpose thereof in the
Huddersfield Daily Chronicle a local newspaper published and circulating
in the Borough such notice being in addition to the ordinary notices
required for summoning that meeting resolved that the expense in
25 relation to promoting the Bill for this Act should be charged on the
borough fund and rates leviab]e within the Borough :
And whereas that resoh.1tion was published twice in the Huddersfield
Daily Chronicle and has received the approval of the Local Government
Board:
30 And whereas the propriety of the p1·omotion of the Bill for
this Act was confirmed by a~ absolute majority of the whole number
of the Council at a further special meeting held in pursuance of a
similar notice on the twenty-sixth day of January one thousand nine
hundred and six being not less than fourteen days after the deposit of
35 the Bill for this Act in Parliament :
Short title.
A.et
divided into
Part&.
4 1'l1e Huddersfield Cmporation .Act 1906.
And whereas in relation to the promotion of the Bill for this A.et
the requirements contained in the First Schedule of the Borough
Funds Act 1903 have heen observed:
l\IAY IT THEHEFOHE PLEA8E YOUR MAJESTY
That it may be enacted ancl lx• it e11acted by the King's most
Excellent Majesty by and with the advice and consent of the Lords
Spiritual and Temporal all(l Commons in this present Parliament
assembled and by the authority of the same as follows (that is to
say):-
PAHT I.-PHELDIINAHY.
1. This Act may be cited as the Huddersfield Corporation
Act, 1906.
2. This Act is divided iuto parts as follows:-
Part !.-Preliminary.
l'art 11.-lJisposal of Trade Hefo8e.
Part III.-Tramways.
Part n:'".-Street "T orks.
Part V.-Technical College.
Part VI.-Lands.
Part Yll.-Electricity.
Part VIII.-Streets Buildings Sewers and Sanitary.
Part IX.-Cummo11 Lo<lgiug Houses.
Part X.-Infoctious 1Jii-.ease.
Part XI.-~otiticatiou of Birth•.
l'art tXIl.-FiuaucL•; and
brt X]lJ.-?11iscella1ieuus.
The Huddersfield Corporation Act I 906. 5
3. · The following Acts and parts of Acts (so far as the same are Proviai<?na . . h h . . of certain applicable for the purposes of and are not inconsistent wit t e provisions ireneral Act.a
of this Act) are hereby incorporated with this Act namely :- ~~~
5
The Lauds Clauses Acts except section 127 of the Lands
Clauses Consolidation Act 1845;
Section 3 (Interpretation of terms) section 19 (Local authority
may lease or take tolls) and Parts II. and III. of the
Tramways Act 1870.
4. In this Act unless the subject or context otherwise requiresI
O " The Borough " means the County Borough of Huddersfield ;
"The Corporation" means the Mayor Aldermen and Burgesses of
the borough ;
" The town clerk" " the surveyor " " the medical officer" and " the
inspector of nuisances" mean respectively the town clerk
15 the surveyor the medical officer of health and the inspector of
nuisances 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 respectively
20 the borough fund and borough rate of the Borough as
provided by the recited Acts ;
" The tramways" means the tramways by this Act authorised;
"The Corporation tramways" includes tramways authorised by
this Act and all tramways for the time being belonging to
25 leased to or run over or worked by the Corporation;
"The Association" means. the \Vest Riding of Yorkshire l\Iillowners
and Occupiers Association ;
"1' ra d er " means an owner or occupier . o t· t ra <l e prenuses • as
defined by this Act or any person carrying on any business
30 thereon or on any part thereof and discharging trade refuse
therefrom;
"Trade premises" means any mill factory or premises situate
within the Borough from which any trade refuse shall for the
Interpretation.

6 The Huddersfield Corporation Act 1906.
time bei11g be discharged iHto the sewers under this Act or in
respect of which notice of intentioH to so discharge shall have
been given to the Corporation;
" Owner" means the person for the time being receiving the rackrent
of the trade premises i1.1 connection with which the word
is used whether on his own account or as agent or trustee for
any other person or who would so receive the sa,me if such
lands or premises were let at a rack-rent;
"Rack-rent" shall have the same mea11i11g as iu the Public Health
Act 1875;
"Trade refuse" means any lic1uid either with or without particles
of matter in suspension therein which proceeds or results
from any industry or trade within the Borough;
" Solid matter" does not include particles of matter in suspension
in water;
"Sewer" or "1,ewers" means sewer or sewers of the Corporation.
"Daily penalty " mea11s a pe11alty for every day on which any
offence is continued after co11victio11 ;
"Infectious disease " means any infectious disease as defined by
Section 3 of the Huddersfield Improvement Act 1880;
"The Public Health Acts" meaus the Public Health Act 18i5
and any Act amending the same ;
"The Municipal Corporations Acts" means the l\Iu11icipal Corporations
Act 1882 aud any Act amending the same;
" The reeited Acts" means the umepealed provisions of the local
Acts specified in the First Schedule to the Huddersfield
Corporation Act 1902 and the Provisional Orders relating
to the borough confirmed by the Acts also specified iu the
same schedule and the Huddersfield Corporation Act 1902
the Huddersfield Corporation Act 1902 Amendment Act 1904
the Huddersfield Electric Lighting (Extension to Linthwaite)
Order 1903 the Huddersfield Corporation Tramways Order
190~i and the Huddersfield Electric Lighting (Extension to
Golcar) Order 190-t
" Principal Moneys" means any moneys borrowed or to be borrowed
by the Corporation under any Statutory borrowing power.
The Huddersfield Corporation Act 1906. 7
"Statutory borrowing power" shall have the same meaning as that
assigned to it by the Huddersfield Corporation Act 1902.
Words and expressions to which meanings are assigned by enactments
incorporated with this Act have in this Act the same
5 respective meanings unless there be something in the subject
or context repugnant to such construction.
PART II.-DISPOSAL OF TRADE REFUSE.
5. The Corporation shall for the purposes of this part of this Act Ppowb1
ers of U IC•
have the like powers and duties with respect to the construction and Health Act • to apply.
10 maintenance of sewers and the removal treatment and disposal of trade
refuse and the purchase and taking of lands by agreement or otherwise
than by agreement and the expenditure of money and execution of
works as they have for the construction and maintenance of sewers and
the removal and disposal of sewage under the Public Health Act 1875
15 and all the provisions of that Act and of any Act incorporated therewith
so far as applicable and not inconsistent with this part of this Act
shall apply accordingly.
6. ( 1) Subject to the provisions of this part of this Act any trader d~radhen may 1sc arge
may require the Corporation to receive and dispose of the trade refuse ~e refuse
d . d h ll be . l d d' mto sewers. 20 produced from his tra e premises, an s a entit e to ischarge or
continue to discharge such trade refuse through any drains communicating
with a sewer and for such purpose shall be entitled to
enlarge or alter such drains or construct new drains and cause the
same to empty into a sewer subject to the provisions of section 21 of
25 the Public Health Act 1875.
(2) Any trader proposing to require the Corporation to receive ~otic~~f
d di f d fi .f.'. "d . d" d" h d mtention to an spose o tra ere use as a1oresai or mten mg to isc arge tra e di!cbarge.
refuse into a sewer by any drain not used for such purpose at the date
of the passing of this Act or proposing to enlarge or alter any drain
30 used for the purpose of discharging trade refuse into a sewer shall at
least three months before so requiring or commencing to so discharge
enlarge or alter serve the Corporation with notice of his requirement
or intention or proposal as aforesaid and stating the branch of industry
or trade carried on upon the trade premises affected and the name and
35 postal address of the owner and the occupier respectively of such
premises and every part thereo£
When
proviaiona
of thia aection
to come into
force.
Prod action
of plans &:c.
Power to
make sepa•
rate or combined
systems or
schemes.
Power to
combine with
other Local
Authoritire.
8 The Huddersfield Corporation Act 1906.
{3.) The provisions of this section shall not come into force until
the expiration of twelve months after the passing of this Act or until
the general regulations to be made as hereinafter provided shall come
into operation whichever shall first happen : Provided that if the
Corporation shall within nine months after the passing of this Act
make and submit to the traders' representatives such general
regulations in accordance with the section of this Act the marginal
note whereof is "Corporation shall make general regulations" the
provisions of this section shall not come into force until such general
regulations shall come into operation : Provided further that until
the provisions of this section come into force the rights of the
Corporation and the traders respectively as existing at the time of the
passing of this Act shall remain unaffected.
7. The owner and occupier of any lands on in through or under
which any sewer drain pipe channel or outlet iR situate by means
whereof any trade refuse flows or is or may be discharged into a sewer
shall upon application in writing · by the Corporation produce for
inspection by the Corporation or their officers or Agents and the
Corporation shall upon application in writing by any such owner or
occupier as aforesaid produce for inspection by him or his Agents all
such plans of such sewer drain pipe channel or outlet as aforesaid as
he or they respectively possess and if required shall furnish to the
Corporation or to such owner or occupier as the case may be at reasonable
charges copies of all such plans and such information thereon as he
or they respectively is or are able to afford and in case of default shall
be liable for every such offence to a penalty not exceeding five pounds
and to a further penalty not exceeding forty shillings for every day
during which such default shall continue.
8. The Corporation may construct or provide any separate sewers
or other work for receiving and disposing of any trade refuse as aforesaid
or by means of a combined scheme or schemes with all necessary
sewers and works may receive and dispose of the trade refuse from two
or more trade premises as aforesaid apart or separately from the general
sewerage system or disposal works of the Corporation.
9. The Corporation may combine with the local authority of any
other district for the purpose of the exercise and performance of the
powers and duties of the Corporation under this part of this Act
and may enter into and carry into effect any agreements for such
purpose.
The Huddersfield Corporation Act 1906. 9
10. The Corporation may at the request and cost of any trader or 5
D1
isP10&ll&of UC ge, C,
other person for the time being interested in any trade premises remove
· and dispose of any sludge deposit or other substancewhich may have
been produced in the course of the treatment of trade refuse upon or in
5 connection with such trade premises.
11. (1) The Corporation shall subject as hereinafter in this section
mentioned make general regulations which shall be conformed to by
traders who at the time of the passing of this A.et discharge or shall
thereafter discharge trade refuse into the sewers.
Corporation
shall mall:e
general
regulations.
10 (2) Such general regulations shall provide for (inter alia) the Nature of
general following operations by and at the cost of the trader : regulations.
15
20
(a) The exclusion from trade refuse discharged from his trade
premises into any sewer of all surface and condensing water springs
of water and the overflow from reservoirs of such water: Provided
that nothing contained in the provisions of this sub-section shall
be deemed or construed to entitle any trader or the Corporation to
cause to fall or flow or knowingly to permit to fall or flow or to be
carried into any river or stream any liquid which is poisonous
noxious or polluting within the meaning of the Rivers Pollution
Prevention Act 1876.
(b) The removal (where the same can be effected at a reasonable
cost) from trade refuse discharged from his trade premises into
any sewer of all solid matter.
( c) The removal from trade refuse discharged from his trade
25 premises into any sewer of grease by preliminary treatment such
treatment to be as prescribed by the general regulations.
(d) The regulation (where the same can be effected at a
reasonable cost) by the trader of the volume of flow of trade
refuse discharged from his trade premises into any sewer so as to
30 ensure an uniform rate of discharge thereof into the sewers
during the working hours of each working day (including
overtime) for the time being obtaining at such premises.
(3) Such general regulations shall also provide for the payment Asto • Payments
by the trader to the Corporat10n of reasonable charges for the by
35 reception and disposal of trade refuse where the trader is unable Traders.
to effect the removal required by subsection (2) (b) and (c) or the
10 The Huddersfield 0Drporation Act 1906.
General
regulations
to be
settled by &greement.
Service of
general
,·egulnt ions.
When general
regulations
to become
operative.
Meeting of
traders.
regulation of flow required by subsection (2) (d) of this section
or where there shall be exceptional circumstances as regards volume
or c.iuality or otherwise.
(4) In the event of traders' representatives beiug duly appointed
as hereinafter provided such general regulations and charges shall in the 5
first instance be settled by agreement ·between the Corporation and
a majority of such representatives or failing agreement shall be settled
in manner provided by the section of this Act the marginal note
whereof is "Reference of questions in dispute." In the event of no
representatives being so appointed the said regulations shall be settled 10
by the Corporation alone. Such general regulations· shall be settled
with due regard to reasonableness of cost the effecL on and circumstances
connected with the respective branches of industry or trade in
the Borough so as to ensure that no material injury will be inflicted
by such regulations on the interests of such industries or trades and 15
shall make all reasonable distinctions between such respective branches
of industry or trade.
( 5) The Corporation shall serve a copy of such general regulations
on the traders who shall be affected thereby.
(6) Such general regulations shall come into operation m the 20
case of any trader who at the time of the passing of this Act discharges
or shall thereafter discharge trade refuse from liis trade premises into the
sewers upon the expiration of two months after service of a copy of
such regulations upon him.
(7) A meeting of the traders for the purposes of this section shall 25
be summoned by not less than seven clear days' notice by advertisement
in one or more newspapers circulating in the Borough and such meeting
shall be convened by the Chairman for the time being of the Association
and shall be held within four months from the passing
of this Act or failing this shall be convened by the Mayor of the 30
Borough within six months from the passing of this Act. Such
meeting shall elect not less than five nor more than ten traders
representatives and shall act by r1 majority of the traders present.
!~~~~~~call (8) If any trader shall consider that such general regulations
for mod1fica- • d" fi • • • bl h b ad tion&c.of require some mo 1 cat10n or vanat10n to ena e t em to e m· e 35
~!;!i:fions applicable to the trade premises of such trader or to any industry or
incertain d "d · l d · · d cases. tra e carne ou m or upon sue 1 tra e prennses so as to give · ue
The Huddersfield Corporaticn Act 190G. 11
regard to the several matters mentioned or referred to in sub-sections (2)
( 3) and ( 4) of this section in connection with such trade premises he
shall be entitled to serve on the Corporation notice of dissent from such
regulations in respect of such trade premises within twenty-one days
5 from the service thereof with the grounds of such dissent and if the Corporation
and the trader shall be unable to agree as to the necessity
or reasonableness of any special regulations either by way of modification
or variation of the general regulations or by way of additions
thereto in connection with such trade premises or as to the nature
1 0 or extent thereof the matters in difference shall, be settled in manner
provided by the section of this Act the marginal note whereof is
"Reference of questions in dispute" and such special regulations
when in force shall be called "special regulations."
(9) A list of traders who shall have been served with any general Li~t of
1 · d b · ( ) f' h" · h ll • h" .e t trailers and 15 regu at10ns un er su -sect10n 5 o t 1s section s a wit m iour een print o~
days after such service be filed and kept by the Corporation at the ~~g:i!aJi~f8
Town Hall, Huddersfield, and a print or copy of any general regulations
and special regulations for the time being in force shall also
within fourteen days after the same respectively come into operation
20 be likewise filed and kept as aforesaid. Such list shall be classified
in the respective branches of industry or trade carried on within the
Borough so far as reasonably practicable and shall in each case state
the name of the trader the situation of and nature of trade carried on
at the trade premises of such trader and whether such trader is
25 interested therein as owner or occupier and (where special regulations
affecting such trade premises shall be m force) a convenient
reference for identification of the filed print or copy of such special
regulations and any trader shall be entitled at n.11 reasonable times
during office hours at the Town Hall to inspection from the Corporation In~p,ct("n
f• h 1· 1 . • fi f' l 'l}" fi and cop1~s. 30 o any sue 1st or regu at10ns on payment of a ee o one s u mg or
each such inspection and to take copies thereof at his own expense and
to be furnished with copies by the Corporation certified to be correct
by the Town Clerk on payment for the same at the rate of fourpence
per folio of seventy-two words and any such certified copy may be
35 received as evidence in all legal proceedings.
12. Either the Corporation or any trader affoctell may from ~i;~~lifi::
time to time serve on the other of them two months' notice of their or tion of_ regulat10ns.
his desire to modify vary or rescind any general or special regulations
which may be deemed to have become unnecessary or undesirable
40 and substitute further or other regulations but such modification
Reference of
questions in
dispute.
Penalty for
wilful
default.
Agreements
for the
reception an,l
dispose.I of
trade refuse.
Corporation
may execute
works and
make
advances.
12 11ie Huddersfield Corporation Act 1906.
variation resc1ss1on or substitution shall be settled with due regard to
all and every the matters ITientioned or referred to in sub-sections (2}
(3) and ( 4 J of ·the section of this Act the marginal note of which is
"Corporation shall make general regulations" and shall failing agreement
be settled in manner provided by the section of this Act the 5
marginal note whereof is" Reference of questions in dispute."
13. Until Parliament otherwise provides any question ansmg
under this part ~f this Act or under any regulations made thereunder
shall if the parties so agree "be referred to the Local Government Board
for determination otherwise than as arbitrators or if they do not so agree 10
then to arbitration under the provisions at the Arbitration Act 1889.
On any reference to the Local Government Boarcl under this section
that Board may make such Order in the matter and as to the costs of
the reference and of the parties as to the Board may seem er1uitable and
the order so made shall be binding and conclusive ou all parties. 15
14. Auy trader who shall wilfully discharge any trade refuse into
a sewer except iu accordance with the proYisions of this part of this Act
or of any regulations for the time being in fcJrce thereuuder or who
shall otherwise infringe such provisions or n'gulntio11s shall be liable
on the application of the Corporation to a penalty not exceediug 20
twenty pounds and to a daily penalty not exceeding five poumls.
15. Subject to the provisions of this part of this Act the Corporation
may enter into agreements with the owners lessees or
occupiers of any trade premises as to the terms and conditions upon
which they will receive and dispose of any trade refuse produced on 25
such premises including the construction of all sewers or works whether
for preliminary treatment or otherwise required therefor and the repayment
of any expenses which they may incur in respect of the
construction of sewers or works or on account or in respect of such
reception and disposal but any such agreement made after the date of 30
the passing of this Act shall be filed at. the Town Hall in accordance
with the provisions of the section of this Act the marginal note of
which is " Corporation shall make general regulations" with any
regulations affecting trade premises in the same branch of industry or
trade and be subject to the like rights of inspection as such regulations. 35
16. ( l) When under this part of this Act it shall become
necessary for any trader to execute works for the purpose of enabling
him to comply with any regulations for the time being applicable to
one or more trade premises as to preliminary treatment or otherwise
The Hudde1'sfield Corporation Act 1906. l3
for the purposes of this part of this Act by such trader of the trade
refuse proceeding from such trade premises such trader may either
execute such works or the Corporation may if they think fit execute
such works at the request and cost of such trader and the Corporation
5 may if they think fit advance to the trader the cost of such works upon
such security terms and conditions as may be agreed between such
trader and the Corporation.
(2) If the occupier of an)" trade premises shall · not be the owner Apportion- ment.of
thereof or if more than one person shall be interested therein either as am11°ufnt pay-k • a J e or \\'or s.
10 owner or occupier or if the said works relate to more than one trade
premises the amount payable shall be apportioned between the interests
or trade premises (as the case may be) affected in such manner and
upon such terms as may be agreed between the parties interested or
failing agreement in manner provided by the section of this Act the
15 marginal note whereof is "Reference of questions in dispute." The
provisions of this section shall apply notwithstanding the terms
of any contract of tenancy subsisting between the parties and
which has been entered into whether before or after the <late of the
passing of this Act. Provided that nothing in this sub-section con20
tained shall affect any rights of the Corporation under any such
agreement as in the last preceding sub-section is mentioned.
17. Nothing in this part of this Act shall affect any written
agreement made prior to the passing of this Act between the
Corporation an<l any tra<ler whereby for valuable consideration any
25 trade refuse produced at or proceeding from the trade premises of such
trader is admitted into a sewer.
SuYiog of
agreements.
18. Nothing in this part of this Act shall prejudice or affect the- Reservation
· h f" • · · "fy • fr" f h . h of the rights rig ts o riparian owners or JUSti any m mgement o sue rig ts. of riparian
Provided that if pursuant to this part of this Act any trade refuse is ownerP.
30 r~ceived into a sewer in contravention of any such riparian rights the
remedy for such contravention shall be against the trader and not
against the Corporation.
19. In the assessment of the annual value of trade premises for ::,x~D<liture
rating purposes any expenditure under this part·of this Act required ~.nift:~:d in
35 to be incurred by the trader to enable such trade premises to fulfil the e~pe~s1;s'"
w1tbtn lDt~· -
requirements of any regulations for the time being in force with pretation ~r net annur.,
value.
Apportionment
of costs
where works
utilittd for
doroetnic
~ewage.
Prohibiting
discharge of
certain
liquids &c
into sewers.
Hec11n•ry
:o;UlllllH\rily
of all\' SUUl
of tw~ney
accruin~
un,ler this
part of this
..\,·t.
l'ow~r
to wake
Tram \lo\y~.
14 The Huddersfield Corporation Act I ~06.
respect to such premises shall be deemed to be included _in the words
"other expenses" in the interpretation of the words "net annual
value."
20. If any works refh-recl to in the section of this Act the
marginal note whereof is "Corporation may execute works and
make advances,. or any part of such works shall be intended
or at any time utilisecl for domestic sewage at the re11uest or
with the concurrence of the Corpomtion all(l the trader or traders
interested therein such part of the cost of Ruch works as shall fairly
represent the value for ~uch user shall he paid or allowed by the
Corporation. The amount of such payment or allowance as the case
may be.as well as any apportionmeut as between traders intere:-;te<l
shall failing agreement lw settled in nuu111er provided by the i,ection of
this Act the marginal note whereof is "Reference of !lllestions in
(lispute."
21. Nothi11g in this part of this Act contained shall entitle any
trader to require the Corporation to receive or dispose of
(a) A11y fo1uiJs which would prejudicially atiect the sewers
(b) Any waste steam cond{-'nsing water heated water or other
liquid (such water or other liquid being of a higher tempemture
than 110° Fahrenheit) which eitlwr alone or in combination
with the sewage would cause a nuisance or he
dangerous or injurious to health
(c) Any water solid matter or gre<tse which by the regulations to
be made under the provisions of t.his Act shall be required to
be excluded or removed from trade refuse
or to discharge or continue to discharge the same through any drain
communicating with a sewer.
22. Any sum of money other than a penalty clue to the
Corporation accruing under this part of this Act may be reco~·ered
by the Corporation summarily as a civil debt and the remedy of the
Corporation under this enactment shall he in addition to any other
remedy of the Corporation for the recovery of any such sum of money .
PART III.-TRAMWAY::-5.
28. Subject to the provisions of this Act the Corporation mav
wholly ~ithin the Borough make form lay down work use and maintain
The Il11dder.efi,eld Co17Jomtion Act 1906. 15
the tramways hereinafter described in the lines and according to the
levels shown on the deposited plans and sections and in all respects in
accordance with those plans and sections with all proper rails plates
sleepers channels passages and tubes for ropes cables wires and electric
5 lines junctions turntables turnouts crossings passing-places triangles
waiting-rooms stahles carriage-houses engine boiler and dynamo-houses
stations sheds and buildings engines dynamos works and conveniences
connected therewith (that is to say):
Tramway No. 1 (a single line about 1 furlong 0·62 chaiu in length),
10 wholly situate in New Hey-road, in the parish of Longwood,
commencing on the north-west side of New Hey-road
at a point about 19 yards south-west of Slack-lane, and
terminating by a junction with the existing tramway in New
Hey-road at a point about 20 yards south-west of the east
15 c,)rner of the Old Toll Bar House at Outlane.
Tramway No. 2 (a single line about 0·55 chain in length), wholly
situate in New Hey-road, in the parish of Lindley-cumQuarmby,
commencing on the south side of New Hey-road at
a point about 10 yards east of Dean-street, and terminating
20 by a junction with the existing tramway in new Hey-road at
a point about 21 yahls east of Dean-street.
Tramway No. 3 (a single line about 5·61 chains in length), wholly
in the _parish of Lindley-cum-Quarmby, commencing on the
north side of Union-street at a point about 113 yards west of
25 Acre-street, passing thence into !l.Ud along Acre-street, and
terminating in that street at a point about 11 yards south of
Union-street.
Tramway No. 4 (a single line about 9·22 chains in length), wholly
in the parish of Huddersfield, commencing in Whitestone30
road by a junction with the existing tramway of the Corporation
at a point about 22 yards. south-west of Alder-st_reet,
passing thence along Whitestone-road into and along Alderstreet
and there terminating on the east side thereof at the
entrance to the Hillhouse goods siding.
35 Tramway No. 5 (a single line about 1 furlong 5·75 chains ill
length), wholly in the parish of Huddersfield, commencing in
Bradford-road by a junction with the existing tramway of the
c~irporation at a point about 9 yards north of Beaumont-
Period for
completion
of works.
16 11ie Jl1,clde1·.~fi,,ld Co1·p111·((tio11 Act 190G.
street, passing thence along Bradford-road and Beaumontstreet
into and along Leeds-road, and there terminating by a
junction with the existing tramway of the Corporation at a
point about 20 yards south of BeaumontTstreet.
Tramway No. 6 (a single line about ~ furlongs l '23 cbaiBs m
length), wholly in the parish of Huddersfield, commencing in
Leeds-road by a junction with the existing tramway of the
Corporation at a point about 2~1 yards north of Gasworksstreet,
passing thence along Lee,ls·road, Gasworks-street and
into and along 8t. Andrew's-road, and there terminating on
the west side thereof at a point about 58 yards north of
Turn bridge-road.
All of the proposed tramways shall be constructed on the same
gauge as the existing tramways of tlie Corporatiou that is to say uu a
gauge of 4 feet il inches and there shall not he run thereon carriages
or trucks adaptetl for use on rail ways.
24. The tramways shall he comph0 tetl withiu fiw years from the
passing of this Act and on the expiration of tliat period the powers
by this Act granted to tht-' Corpomtion for executing t,he same or
otherwise in relation thereto shall cease except as to so much thereof
as shall then he corn pleted.
ApJ>&ratus 25. The pro,·isions of sect,ions ~G to 33 of the Tramways Act
used for ( I f . - l l . f' I d mechanical 1870 except so mnc 1 o sect10n ~~ as re ates to t rn repair o tie roa
power to be 1 I . l f' l · 1 . 1 " deemed part between arn ou eac 1 sH e o t 1e ra1 s of a trnmway) shall app y as 1!
of tramways. l be · · d l b d b a 1 posts tu s pipes wires an ot 1er apparatus used or to e use y
Penalty fol"
malicious
damage.
the Corporation for the purposes of mechanical power were parts of the
tramways and section 30 of the Tramways Act 1870 ( except sub-sections
(1) and ( 5) thereof) shall have effect as if wires or apparatus laid
in a road included wires or apparatus erected or carried owr a road or
footpath.
26. If any person wilfully does or causes to he done with respect
to any apparatus userl for or in connection with tlw working of any
tramway of the Corporation anytl1iug which is calculated to obstruct
or interfere with the working of such tramway or to cause injury to
any person he shall (without pr~il!(lice to any proceedings by way of
indictment or otherwise to which lie may he subject) be guilty of an
offence punishable on summary conviction aml every person couvictetl
of such offeuce or of am· offe11ct' under section 5U of the Tramw:rn, Act . .
· The I/udders.field Cm·pomtion Act 1906. 17
1870 with respect to any tramway of the Corporation shall be liable
to a penalty not exceeding twenty pounds.
27. The following provisions for the protection of the London and For the pro- • • • , · tection of the
North Western Railway Company (heremafter referred to as "the London and
N W C ") h ll l h , d . . . North Wea- 5 orth estern ompany s a un ess ot erw1se agree m writmg tern Railway • Company between the North Western Company and the Corporation apply
and have effect:-
The Corporation shall construct and maintain so much of Tramway
No. 6 as IPay be situate in Gas Works Street where the same
10 passes over Sir John Ramsden's canal of the North Western
Company so as not in any way to interfere with or injure the
said canal or the towing path and works thereof or impede
the safe and convenient conduct or passage of traffic thereon
and in case of any such interference injury or impediment the
15 Corporation shall make full compensation in respect thereof
to the North Western Company.
28. The followin£r sections of the Huddersfield Corporation Appl_ying ...., certain
Tramways Act 1900 and the Huddersfield Corporation Tramways Order proviaionaof
Act of 1900
1903 shall so far as the same are applicable in that behalf and are not and Order of
. . . h l . . f' h. A d d 1 . t9os as to 20 mcons1stent wit tie prov1s1ons o t 1s et exten an app y mutatis tramways
25
30
mutandis to and in relation to the tramways or tramway works by this
Act authorised:-
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
THE SAID AcT OF 1900.
(Inspection by Board of Trade.)
(Tramwa)~S to be kept on level of surface of road.)
(As to rails of tramways.)
(Further provisions as to construction of tramways.)
(Penalty for not maintaining rails and roads.)
(Passing places ·to be constructed where less than
a certain width left between footway and
tramway.)
(Power to make additional crossings, &c.)
(Temporary tramway to be made where necessary.)
18 The H1.tddersfield C01porati01i Act 1906.
Section 16. (Power to lay down double or interlacing lines in
place of single lines and vice versa.)
Section 17. (Corporation may reduce width of footway for constructing
tramway.)
Section 20. (Provisions as to motive power.)
Section 21. (Special provisions as to use of electrical power.)
Section 23. (Power to attach brackets, &c. to buildings.)
Section 24. (Corporation may take up lines for purposes of
constructing others.)
Section 37. (Power to Corporation to work tramways.)
Section 39. (Traffic upon tramways.)
Section 40. (Corporation not bound to carry goods.)
Section 41. (Provision as to carriage of animals goods &c m
separate carriages.)
5
10
Section 42. (Tramways to form part of tramways undertaking 15
of Corporation.)
Section 43. (Payment of tolls.)
Section 44. (Passengers' luggage.)
Section 45. (As to fares on Sundays or holidays.)
Section 46. (Cheap fares for labouring classes.)
Section 47. (Periodical revision of rates and charges.)
Section 48. (Bye-laws.)
Section 49. (Amendment of Tramways Act 1870 as to bye-laws
by Corporation.)
Section 50. (Orders &c. of Board of Trade) and
Section 56. (Provision as to General Tramway Acts.)
20
25
5
10
15
20
25
The H1,drlcr.~eld Co;-poration Act 1906. 1 !)
THE SAID ORDER OF 1903.
Section 7. (Alteration of Tramways) and
Sectiou 9. (For protection of Postmaster General.)
PART IV.-STREET WORKS.
29. Subject to the provisions of this Act the Corporation in the Power to
rnake street
lines and situation and upon the Jands in that behalf delineated on the works.
deposited plans and described in the rleposited book of reference may
if they think fit make and maintain wholly in the Borough the following
street works (that is to say) :-
Work No. 1.-The widening and improvement of Cross-lane on
the east side thereof commencing at a point about 28 yar<lR
south of Brook-street and proceeding thence in a northerly
direction to W estbourne-road and there terminating.
Work No. 2.-The widening nnd improvement of Birkby Hallroad
on the north side thereof commencing at a point about
36 yards east of Elmfield-road and proceeding thence in
an easterly direction for a distance of 8:3 yards or thereabouts
and there terminating.
\Vork No. 3.-The widening and improvement of King's Mill-lane
on the east side thereof commencing in Storths at a point
about 14 yards east of King-'s Mill-lane and terminating
in King's Mill-lane at a point about 15 yards south of
Storths.
\Vork No. 4.-The widening and improvement of \-Voo<lhead-road
on the north-west side thereof commencing at a point
about 27 yards south-west of Bridge-street and terminating
at a point about 18 yards south-west of Bridge-street.
30. Subject to the provisions of this Act the Corporation Limits of
. h . f l k b th' A t h . d lateral and lll t e constructron o t 1e street wor s y 1s c aut orise vertical ded
· l Jl fi h l' h f h h viation fc-r 30 may eviate atera y rom t e mes t ereo as s own on t e a,1eetworlu.
deposited plans to the extent of the limits of lateral deviation
shown thereon and they may deviate vertically from the limits shown
011 the deposited sections to any extent not ~xceeding two feet upwards
or down wards.
Power to
m11.ke aub•
aidiary
works.
Power to
alter steps areas pipe3
&c.
Corpor&tion
empowered
or m11.y be
required to
underpin or otherwise
strengthen
· houses near works
20 The Iluddersfield Corporation Act 1906.
81. Subject to the provIB10ns of this Act and within the limits
defined on the deposited plans the Corporation in connection with the
street works authorised by this Act and for the purposes thereof may
make junctions and communications with any existing streets which
may be intersected or interfered with by or be contiguous to the said 5
street works and may make diversions widenings or alteratious of lines
or levels of' any existing streets for the purpose of connecting the same
with the said street works or of crossing under or over the same or
otherwise and may alter divert stop up enclose use or appropriate all
or any part of any street square place court alley or passage whether 10
a thoroughfare or not or of any thoroughfare road lane or way or ,1f
any drain sewer or other property shown on the deposited plans the
Corporation providing a proper substitute before interrupting the flow
of sewagP- in any drain or sewer Provided that thfl provisions of
section 308 of the Public Health Act 1875 (Compensation in case of 15
damage by local authority) shall apply as if the acts done under the
autl;10rity of this section were done in exercise of the powers of that
Act.
82. The Corporation within the limits of deviation defined upon
the deposited plans may raise sink or otherwise alter or cause to be 20
altered the position of any of the steps areas cellars windows and pipes
or spouts belonging to any house or building and also the drains mains
and the leaden or other pipes or wires which for the purpose of conveying
water electricity or gas to any house or other place shall be laid into or
from any main cable or pipe laid down by the Corporation and may 25
remove all other obstructi0ns so as the same be done with as little
delay and inconvenience to the inhabitants as the circumstances of the
case will admit and the provisions of section 308 of the Public Health
Act 1875 shall apply as if the acts done under ~he authority of this
section were done in exercise of the powers of that Act. 30
33. And whereas in order to avoid in the execution and maintenance
of any works authorised by this Act injury to the houses and
buildings within one hundred feet of the works it may be necessary
to underpin or otherwise strengthen the same therefore the
Corporation at their own costs and charges may and if required by the 35
owners or lessees of auy such house or building shall subject as
hereinafter provided underpin or otherwise strength en the same and
the following provisions shall ha Ye effect ( that is to say) :-
The lf11dde1"sfield Corporation Act 1906. 21
(1) At least ten days' notice shall unless in case of emergency
be given to the owners lessees and occupiers or by the
owners or lessees of the house or building so intended or so
required to be underpinned or otherwise strengthened ;
5 (2) Each such not.ice if given by the Corporation shall be served
in manner prescribed by section 19 of the Lands Clauses
Consolidation Act 1845 and if given by the owners or lessees
of the premises to be underpinned or strengthened shall be
sent to the Town Clerk a.t his office ;
1 O ( 3) If any owner lessee or occupier of any such house or building
or the Corporation as the case may require shall within seven
days after the giving of such notice giv~ a counter notice in
writing that he or they as the case may be disputes or
dispute the necessity of such underpinning or strengthening
1 5 the question of the neceesity shall be· referred to an engineer
to be agreed upon or in case of difference to an engineer to
be appointed at the instance of either party by the Board of
Trade;
( 4) Such referee shall forthwith upon the application of either
20 party proceed to inspect such house or building and
determine the matter referred to him and in the event of
his deciding that such underpinning or strengthening is
necessary he may and if so required by such owner lessee
or occupier shall prescribe the mode in which the same
25 shall be executed and the Corporation may and shall proceed
forthwith so to tinderpin or strengthen the said house or
building;
( 5) The Corporation shall be liable to compensate the owners
lessees and occupiers of every such hou~ or building for
30 any inconvenience loss or damage which may result to them
by reason of the exercise of the powers granted by this
enactment;
(6) If in any case in which any house or building shall have
been underpinned or strengthened on the requisition of the
35 Corporation such underpinning or strengthening shall
prove inadequate for the support or prokction of the house
or building against further injury arising from the execution
or use of the works of the Corporation then and in
Temporary
Etoppage of
screets.
Power to
exteml
Technical
College.
22
every such case unless such underpinning or strengthening
shall haw been done in pursuance of and in the mode
prescribed by t Im refpree the Corporation shall make
compensation to the owners lessees and occupiers of such
house or building for imch injury provided the claim for
compensation in respect thereof he mac!e by such owners
within twelve months and by such lessees or occupiers within
six months from the discover_\' thereof;
(7) Nothing in this enactment ce11tai11ed nor any rlealing with
any property in pursuance of this enactment shall relieYe the
Corporation from tlw liability to compensate uncler section 68
of the Lands Clauses Consolidatic:11 Act 1845 or under anr
other Act:
(8) Evel'y case of compensation to be ascertaiuerl umler this
enactment shall he ascertni11P1l according to the provisions of
the Lands Clauses Acts ;
(9) Nothiug in this i:.ectiou shall repeal or affect the application
of section 9~ of the Lands Clauses Consolidation Act 1845.
34. The Corporation may <luring the Pxecutiou aml for tbe
purposes of anv mwk by this aud the last precedi11g part uf
this Act anthorise<l stop up an_\· stret:>t (not being a road or
footway g1vmg access to any p·-issenger or. goods station of
a railway company) and prevent all persons other than those
bona fide going to (>l' returning frnm any house iu the street from
passing along and using the same fc:ir any reasonable time The Corporation
shall provide reasonable access for all persons so bona tide going
to or returning from a11y such house.
PAHT V.-TECHNICAL COLLEGE.
35. Tlw Corporation may alter enlarge extend ,rnd improve the
Technical College aml fc,r such pnq,ose may 1mrchast• and acquire hy
agreement any la11ds :ul,ioi11i11µ or in tlw neigl1houd1ood thereof and
may appropria1 e all(l use such lands for the said purpose and may
erect thereon and fun,ish eqnil' maintain aml iml'rove any buildings
necessary for or in cornwctiuu with tlw said t\1llege.
J'he lfuddPr.':ficlcl Cmpnrrrtion Act 1 !IOG. 23
PART VL-LANDS.
86. Subject to the provisions of this Act the Corporation may Power to
take lands
enter upon take hold and use all or any part of the lands delineated on referenced.
the deposited plans and described in the deposited book of reference
5 which they require for the tramways street works and other
purposes by this Act authorised or (iu the case of the
widening or improving of any existing street) for the providing
of space for the erection of buildings adjoining or near to any such
street.
10 37. Persons empowered hy the Lands Clauses Acts to sell and Person-;
1 I d ·r ·1 } . k . b' h . . under convey or re ease an s ruay 1 t iey tun fit su .Ject to t e prov1s1ons disability
A d f. h' A h C . may grant of those cts an o t ,s et grant to t e orporat10n any easements.
easement right or privilege (not being an easement right or privilege of
water in which persons other than the grantors have an interest)
15 required for the purposes of this Act in over or ~ffecting any such
lands and the provisions of the said Acts with respect to lands and
rent charges so far as the same are applicable in this behalf shall extend
and apply to such grants and to such easements rights and privileges
as aforesaid respectively.
20 38. Whereas in the constructiou · of the works bv this Act Owners may " • be required authorised or otherwise in the exercise by the Corporat10n of to sell parts • only of cer- the powers of this Act it may happen that port10ns only of tain land~
. . l l h d . d l and build- certam properties showu or part y s 1own on t e epos1te p ans ing@.
will be sufficient for the purposes of the Corporation and that
25 such portions or some other portions less than the whole
can be severed from the remainder of the said properties without
material detriment thereto Therefore the following proYisions shall
have effect:-
( l) The owner of and persons interestecl in any of the properties
30 whereof the whole or part is described in the Schedule
to this Act and whereof a portion only is required for the
purposes of the Corporation or each or any of them are
hereinafter included in the term " the owner " and the
said properties are hereinafter referred to as "the scheduled
35 properties'' :
(2) If for twenty-one days after the service of notice to treat in
respect of a specified portion of any of the scheduled properties
the owner shall fail to noti(y in writing to the Corporation
24 The Hndder,1ield Corporrttion A.-::t 1906.
that he alleges that such portion cannot be severed from the
re~ainder of the property without material detriment thereto,
he may be required to sell and convey to the Corporation such
portion only without the Corporation being obliged or
compellable to purchase the whole the Corporation paying 5
for the portion so taken and making compensation for any
damage sustained by the owner by severance or otherwise :
(3) If within such twenty-one days the owner shall by notice in
writing to the Corporation allege that such portion cannot be
so severed the jury arbitrators or other authority to whom l O
the question of disputed compensation shall be submitted
(hereinafter referred to as " the tribunal") shall in addition
to the other questions required to be determined by it determine
whether the portion of the scheduled properties specified
in the notice to treat can be severed from th~ remainder 1 5
without material detriment thereto and if no~ whether any
and what other portiou less than the whole (but not exceeding
the portion over which the Corporation have compulsory
powers of purchase) can be so severed :
(4) If the tribt1nal determine that the portion of the scheduled ~O
properties specified in the notice to treat or any such other
portion as aforesaid can be severed from the remainder without
material detriment thereto the owner may be required to
sell and convey to the Corporation the portion which the
tribunal shall have determined to be so severable without the 25
Corporation being obliged or compellable to purchase the
whole the Corporation paying such sum for the portion taken
by them including compensation for any damage sustained by
the owner by severance or otherwise as shall be awarded by
the tribunal. 30
(5) If the tribunal determine that the portion of the scheduled
properties specified in the notice to treat can notwithstanding
the allegation of the owner be severed from the remainder
without material detriment thereto the tribunal may in its
absolute discretion determine and order that the costs charges 35
and expenses incurred by the owner incident to the arbitration
or inquiry shall be borne and paid by the owner :
(6) If the tribunal determine that the portion of the
scheduled properties specified in the notice to treat
The Huddcr.rfield Corpomtion Act 1906. 25
cannot be severed from the remainder without material
detriment thereto (and whether or not they shall determine
that any other portion can be so severed) the Corporation
may withdraw their notice to treat and thereupon
5 they shall pay to the owner all costs charges and expenses
reasonably and properly incurred by him in co!lsequence of
such notice :
(7) If the tribunal determine that the portion of the
scheduled properties specified in the notice to treat
10 cannot be severed from the remainder without material
detriment thereto but that any such other portion as
aforesaid can be so severed the Corporation in case they
shall not withdraw the notice to treat shall pay to the
owner all costs charges and expenses reasonably and
15 properly incurred by him in consequence of such notice or
such portion of such costs charges and expenses as the
tribunal shall having regard to the circumstances of the
case and their final determination think fit.
The provisions of this section shall be in force notwithstanding
20 anything in the Lands Clauses Consolidation Act 1845 contained and
nothing contained in or done under this section shall be held as
determining or as being or implying an admission that any of the
scheduled properties or any part thereof is or is not or but for this
section would or would not be subject to the provisions of section 92 of
25 the Land Clauses Consolidation Act 1845.
The provisions of this section sha11 be stated in every notice given
thereunder to sell and convey any premises.
39. The powers of the Corporation for the compulsory purchase Period for compulsory
of lands under this Act shall not be exercised after the expiration of purchas&ef
30 three years from the passing of this Act. · lands.
40. The Corporation in addition to any other lands which they Power to
b h. A h . d . fr . . b purchase are y t 1s et aut or1se to acqmre may om time to tune y additional . lands by agreement purchase take on lease acqmre and hold for tramway agreement.
purposes any lands not exceeding in the whole five acres Provided
35 that the Corporation shall not create or permit the creation or
continuance of any nuisance on any such lands or use such lands for
any buildings except offices and dwellings for persons in their
employment and such buildings and works as may be incident to or
connected with their tramway undertaking.
Correction
of errors omiMion,
.le.
Power to
retain sell
&c. lands.
Procueds of
sale of sur• plus lands.
:!6 The Hwlclei-,1icld Co,7wmti'on Act 1906.
41. If there be any omission misstatement or wrong description
of any lands or of the owners lessees or occupiers of any lands shown
on the deposited plans or specified in the deposited book of reference
the Corporation after gi \1 ing ten <lays notice to the owners lessees and
occupiers of the land in <p1estion m:ty apply to two justices (not being
members of the Corporation) for the correction thereof and if it appear
to the justices that the omission misstatement or wrong dt'scription
arose from mistake they shall certify the some accordingly and
they shall in thl"ir certificate state the particulars of the omission
and in what respect any such matter is misstated or wrongly
describe<l aml such certificate shall be deposited with the clerk
of the peace for the \Yest Hidi11~ of the county uf York
and a duplicate thereof shall also be deposited with the town clerk
and such certificate and duplicate respecti,·ely shall be kept by the
said clerk of the peace and town clerk with the other documents.to
which the same relate aud thereupon the deposited plans and lx,ok
of reference shall be deemed to he currectetl acconling to such
certificate aucl it shall he lawful for the Corporation to take the lands
and execuh· the works in accordance with such certificate.
A copy of or an extract from such certificate purportiug to Lt
under the hand of the clerk of the peace aforesaid (which copy or
extract shall he gi,·e11 whe11 re<1uin,·d under his hand to any pers1,11
interested) shall lie conclusiYe eYidence of such correction.
42. Notwithstandiug anything m the Land Clauses Acts
or 111 any other Act or Acts to the contrary the Corporation:
may retain hol<l and use for such time as they may think
fit or may sell lease exchange or otherwise dispose of in such
manner and for such consicleratioJJ and purpose an<l on such
terms and conditious as they may think fit and in case of sale
either in consideration of the execution of works or of the payment uf
a gross sum or of an annual rent or of any payme11t in any other form
any lands or any intereRt therein acquired by them uncler this Act and
may Rell exchange or dispose of auy rents n'sen·ed on the sale lease
exchange or other disposition of 8uch lands or interest therein anJ may
make do and execute any <1et>d act or thing- proper for eftectuating any
such sale lease exchange or other tlisprn;ition aml 011 auy exchange may
give or takt> any money for equality of exchange.
43. So long as auy lands remain to lie ac(1t1ired by the
Corporation 1wder the autl10rity of this Act they may so far
as they cousider necessary apply any capital moneys receireJ by
The ll!ldclersfield Corporation Act 1906. 27
them on resale or exchange or by leasing as aforesaid of lands
acquired under this Act in the purchase of lauds so remaining to be
acquired but as to capital moneys so received and not so applied
the Corporation shall apply the same in or toward the extinguishment
5 of any loan raised by them under the powers of this Act and such
application shall be in addition to and not in substitution for any other
mode of extinguishment by this Act provided except to such extent
and upon such terms as nmy Le approved by the Local Government.
Board. Provided thatI
O (I) The amount to be applied in the purchase of lauds under this
section shall not exceed the amount for the time being
unexhausted of the borrowing powers conferred by this Act
for the purpose of such purchase :
(2) The borrowing powers conferred by this Act for the purpose of
15 such purchase shall be reduced to the extent of the amount
applied in the purchase of lands under the provisions of this
section.
44. The Corporation may make and carry into eHect agreements
with any Company body or person with regard to the manner in which
A.2r~t>meots
wnl.i Jand- owners.
10 the street widenings shall Le constructed or with regard to the
accommodation works the levelling and filling up of the land fronting
011 the widened streets or auy other matters connected with the
construction of the same or the purchase of lauds for the purposes of
this Act.
25 45. For the l)urpose of makin(J' the wideniucr and improvement For the pro- 0 b teetion of
(Work No. 3) by this Act authorised the Corporation shall not except J,'.lm
Rtehardson.
with the consent of John Richardson or other the owner acquire so much
of the property numbered on the deposited plans for the parish of
Almondbury 32 as is situate to the east of the ·proposed line of frontage
30 of King's Mill Lane as shown on the said plans.
35
PART VII-ELECTRICITY.
46. Section 34 (power to supply electric fittings) and section 35 Repeal of
( . l d fi . 1· d b C . b fi fi d' s•<'t•on~ 34 materia s an ttmgs supp 1e y orporat10n to e ree rom ,stress) & ,l;i of Act
vf J•K)•)
of the Huddersfield Corporation Act 1902 are hereby repealed. · -·
47. (I) The Corporation may within their limits of supply of Pown to • • . . . supply elec- electnc1ty provide sell let for hire arnl fix set up repair and tnc fittings
motors &c.
remove but shall 11ot mairnfacture lamps meters electric lines
28 The lludder.~(iP!d Co;•porr1tion Act 1906.
fuses switches fittings lampholders moto1 s and other apparatus and
things for lighting aml motive power and for all other purposes
for which electrical enen.rY c,an or may be used or otherwise c,_]o,I .,,
necessary or proper for the supply distribution consumption or use
of electrical energy and may proYide all materials and tlo all 5
works necessary or proper in that lwhalf and may require and take
such remuneration in money or sucl1 rents and charg-es for and make
such terms and conditions with respect to the sale letting f-ixiug setting
up altering repairing or rem<wiug of such lamps meters electric line::
fuses switches fittings lamp hohlers motors and other apparatus and IIJ
things as aforesaid allll for Hecuring- (hoth aH regards the consumer and
third parties) their safety all(l return to the Corporation as the Corporation
may think fit or as may be agreed upon betweeu them and tlie
person to or for whom the same are sold supplied let tixed set up altered
repaired or removed. Provided that it !:!hall not be lawful for the jj
Corporation to expend money (excepting through a contractor)upon the
provision of the lalour ref1uired for the wiring arn1 fixing of electric
light fittings upon the premises of their consumers or prospectiw
consumers or upon the provision uf lamps fuses switches fittiu~
lampholders and other apparatus and thiHgs for lighting purp11ses ~O
Provided further that nothing in this section shali prevent tlw
Corporation completing the sen·ice li11e hetwee11 thPir- supply mainsaml
their own apparatus upon any such cow;umers premi:;:es. ProYide<l
always that the Corporation shall so adjust the rent'> and
charges to be made l,y tl1L0 m for t•lt·ctric ligl1t titti11gs and tht ~j
wiring in co111wction tlwrewith as tn nwet a11y expenditurt· by them
uuJer the powerH of tl1is section in con11pction tlwrewitl1 (including
iutuest up1111 any rn011eys borrowe<l for tbost~ purposes am! ail sums
appliecl either Ly way of i11stalmeJ1ts or Ly ,my of payments to sinking
fuml for repay11w11t of 11io11t·ys so lmrnnYed). :w
(:?) Auy expem;es incurred by tht> Cuq1oratio11 i11 ranyiug int,,
effect the lll'ovisiow-; of this section sliall lie <lee11 t·<l tu be expeu~c~
iucmred liy tlie. C'orporatiou uuder the Electric Lighting Act 18~~
and not otherwise prnYidecl fr>r aml the pr0\-i$io11s of sections
7 aud 8 of that Act shall extend and apply accordingly to such 35
expenses arnl auy money reeeiYed by the Corporation uncler
this section shall he applied i11 manner provided by i:;ection 5~ of
the Hudden-dielcl Electric Lighti11g Or<ler 1$~10 excqlt capital moneys
which shall be applied in manner provided by seetio11 5:_{ of the said
order. 40
The Hudder.~field Corporation Act 1900. 29
48. {1) Every sum charged by the Corporation to a consumer in :i=~•U::t
respect of the wiring and fitting of the premises of such consumer for ::~~ to be .
lighting purposes and the supplving of electric light fittings shall be separately on · J demand note.
clearly stated on every demand note by the Corporation for payment
.5 for electrical energy supplied to such consumer distinct from the charge
for such energy.
{2) The total sums received and expended by the Corporation
under this part of this Act in connection with the purposes ir. this
section mentioned in each year {including the amount required for
10 interest on and all sums applied either by way of instalments or by way of
payments to sinking fund for repayment of any moneys borrowed for
such purposes) shall be separately shown in the published accounts
of the electric lighting undertaking of the Corporation for such year.
49. No lamp meter electric line fuse switch fitting lampholder Materials
h. 1 fi h' b h C . d h 1nd fittings 15 motor apparatus or t mg et or ire y t e orporation un er t e aupplied _by
. . f h' I 11 b b·. d' h I dl d' Corporation provisions o t is Act s 1a e su ~ect to istress or to t e an or s to be free
remedy for rent nor to be taken in execution under any process of law li::esa.
or equity or any proceeding in bankruptcy against the person or
persons in whose possession the same may be. Provided that such
20 lamp meter electric line fuse switch fitting lampholder motor apparatus
or thing is marked or impressed with a sufficient mark or brand
indicating the Corporation as the actual owners thereof.
PART VIII-STREETS BUILDINGS SEWERS AND SANITARY.
50. Every person desirous of forming a communication for horses or Crossingsfor • ~~ft 25 vehicles across any kerbed or pa.ved foot way so as to afford access to any vehicles over
premises from a street repairable by the inhabitants at large shall first footways.
give notice in writing of such desire to the Corporation and shall if so
required by them submit to them for their approval a plan of the
proposed communication shewing where it will cut the footway and
30 what provision (if any) is made for kerbing for gullies and for a paved
crossing and the dimensions and gntdients of the necessary works and
shall execute the works at his own expense under the supervision
and to the satisfaction of the surveyor and in case such plan
shall have been required then in accordance with the plan so
.35 approved and not otherwise: Provided that unless the Corporation
shall within one month after submission of the said plan signify in
writing their disapproval of the same to the person desirous of forming
Trees or shrubs over- hanging
streets.
Power to
Corporation
to grant
licences for
bridges over streets.
30 The Hudcla.~ftelcl Co11wi·otion Act 1906.
such communication as aforesaid the said plan shall be deemed to be
approved by the Corporation.
If any person drives or permits or causes to be driven any horse or
vehicle across any foot·way unless and until such a communication as
aforesaid has been so made or on or along any part of such footway 5
other than the part over which such communication has been made he
shall be liable to a penalty not exceeding forty shillings in addition to
the amount of damage (if any) done to such footway : Provided that
this section shall not be deemed to apply to the temporary crossing of
footways during building operations if means satisfactory to the 10
Corporation be taken to protect such footways from injury and for the
convenience of the foot passengers : Provided further that this section
shall not apply when the land immediately adjoining such crossmg or
footway is used solely for agricultural purposes.
51. Where any tree hedge or shrub overhangs any street or foot- 15
path so as to obstruct or interfere with any pole wire or other work used
or intended to be used in connection with any tramway or the light from
any public lamp or to interfere with vehicular traffic or with the free
passage or comfort of passengers the Corporation may serve a notice ou
the owner of the tree hedge or shrub or on the occupier of the premises 20
on which such tree hedge or shrub is growing requiring him within seven
days to lop the tree hedge or shrub so as to prevent such obstruction
or interference and in default of compliance the Corporation may themselves
carry out the requisition of their notice. Provided that the
Corporation shall not in the exercise of the powers of this section do 25
unnecessary damage to any such trees and shall make compensation to
any persons who may sustain darnage by the exercise of the powers
conferred by this section.
52. ,The Corporation may grant to the owner or with consent of
the owner to the lessee or occupier of any premises abutting on any 30
street repairable by the inhabitants at large a licence to use a way
( exclusive or otherwise) for himself his servants and agents at all times
with or without cattle horses carts and carriages by means of a bridge
over such street for such term as shall be co-extensi,·e with or less
than the interest of such owner lessee or occupier in the premises in 35
respect of which such licence shall be given but not exceeding twentyone
years on such terms or at such rent and with under and subject to
such covenants conditions and agreements as to the Corporation may
seem fit. Provided that any licence given under this power shall not
The H1tdders.field Co11Jo1·cttion Act 1906. 31
in any way interfere with the convenience of persons using such street
or affect the rights of the owners of the property adjoining and up to
the line of the street. If any person shall construct any such bridge
without such licence or shall not construct or use the same in accordance·
5 with the terms and conditions of the licence he shall be liable to a
penalty not exceeding twenty pounds and to a daily penalty not
exceeding five pounds.
53. The powers 2"iven bv section 19 of the Public Health Acts Amendment ~ J of Mection I 9
Amendment Act 1890 in relation to two or more houses belonging to of Public
Health Acts
10 different owners shall extend and apply to two or more houses Amendment
Act 1890.
belonging to the same owner.
54. If it appear to the Corporation that two or more houses Corpordation
may or er
may be drained more economically or advantageously in combination houses_tod
be drarne
than separately and a sewer of sufficient size already exists or is by a. • • combmed
15 about to be constructed w1thm one hundred feet of any part of such operation.
houses the Corporation may when the drains of such houses are first
laid order that such houses be drained by a combined drain to be
constructed either by the Corporation if they so decide or by the
owners in such manner as the Corporation shall direct and the costs
20 and expenses of such combined drain and of the repair and maintenance
thereof shall be apportioned between the owners of such houses in
such manner as the Corporation shall determine and if such drain is
constructed by the Corporation such costs and expenses may be
recovered by the Corporation from such owners summarily as a civil
25 debt. Any combined drain constructed in pursuance of this section
shall for the purpose of the Public Health Acts be deemed to be a
drain and not a sewer. Provided that the Corporation shall not
exercise the powers conferred by this section in respect of any house
plans for the drainage of which shall have been previously approved
30 by the fJorporation.
55. The Corporation may by notice in writing require the owner Regu~ation
. f d 11· h h h 'd dnstbms. or occupier o any we mg ouse ware ouse or s op to prov1 e
galvanised iron dustbins in lieu of ashpits or ashtubs or other
receptacles for refuse and such bins shall be of such size and construction
35 as may be appro~ed by the Corporation and any owner or occupier who
fails within fourteen days after notice given to him to comply with the
requirements of the Corporation shall for every such offence be subject
to a penalty not exceeding twenty shillings and to a daily penalty not
exceeding five shillings.
Registration
of common lodging
hou@es and
keepers.
Re11u1ations
as to com- m<ln lodging
house
keeper•
32 The JI11clrla.-ifidd Corpuration Act 1906.
Provided that this section shall not apply to any ashpits or any
ashtubs or other receptacles for refuse in use at the commencement of
this Act so long as the same are of suitable size and construction and
in proper order and condition.
PART IX.-COMMON LODGING HOUSES.
56. (1) Notwithstanding anything in the Public Health Act 1875
the registration of a common lodging house or of the keeper of a common
lodging-house shall operate for one year only and application for the
renewal of such registration shall be made to the Corporation on or
previous to the thirty-first day of December in every year. 10
{2) (a) The Corporation may notwithstanding the provisions of
section 7 8 of the Public Health Act 18 7 5 refuse to register or to reregister
any person as a common lodging house keeper unless they are
satisfied of his character and fitness for the position.
(b) Any person aggrieved by such refusal may appeal to a court of 15
summary jurisdiction within fourteen days after such refusal, provitled
he give twenty-four hours' notice of such appeal and of the grounds
thereof to the town clerk an<l the court shall have power to make such
order as they may think fit and to award costs.
(3) Every person. who without being registered in accordanc~ 20
with the Public Health Act 1875 and this Act shall keep a common
lodging house within the Borough and every person who after the
thirty-first day of December 1906 shall keep a common lodging house
without the registration of such person and of such house being
renewed for the then current year shall be liable to a penalty not exceed- 25
ing five pounds and to a daily penalty not exceeding forty shillings.
57. The keeper of every common lodging house shall reside
constantly an<l remain between the hours of nine o'clock in the
afternoon and six o'clock in the forenoon in such house and
shall manage control and exercise proper supervision over the 30
same and the inmates thereof except at such times as some
other person appointed by him for that purpose and whose name
is registered at the office of the Corporation shall with the
approval of the Corporation in writing under the hand of the town
clerk (which approval and registration shall Le revocable by the 3:
Corporation) reside an~ _remain in such house and manage control and
exercise prorer supervision over the same an<l the inmates thereof as
'/'he Huddenifi,elil Corpomtimi Aet 190G. 33
the case may be and any person who shall offend against this enactment
shall for every such offence be liable to a penalty not exceeding five
pounds and a Jaily penalty not exceeding twenty shillings.
58. Every common lodging house whether registered before or San~taryco!l•
vemeocea in
5 after the passing of this Act shall be provided with sufficient sanitary com1;Don lodging
conveniences having regard to the number of lodgers who may be houses.
received in such common lodging house and all waterclosets and
urinals shall be provided with a proper water supply laid on for
-flushing purposes.
10 Any keeper ofa common lodging house who shall make default for
twenty-eight days in complying with a nudce from the Corporation
requiring him to comply with the provisions of this section shall be
liable to a penalty not exceeding forty shillings and to a daily penalty
not exceeding twenty shillings The expression" sanitary conveniences"
15 in this section includes urinals waterclosets and any similar convernence.

59. ( 1) When a person in a common lodging house is suffering from Corporation • may remove
any dangerous infectious disease the Corporation may on the certificate of ~ick: person
h , ffi d" I . . h h . 10 a common t e medwal o cer or of any me 1ca pract1t10uer t at t e patient may be lodging
'0 d .. h d . k d . h fi h h h" house to :.. remove wit out un ue ris - an wit out urt er warrant t an t 1s Act hospital &c.
cause such person to be removed to a hospital or infirmary with the
consent of the authorities thereof where difterent from the Corporation
but if removal he co11sidered dangerous to life by such officer or
medical practitioner and is so certified no lodger shall be admitted to
25 such lodging house until it is certified by the medical officer free
from infection and the Corporation may so far as they think requisite
for preventing the spread of disease cause any clothes or bedding used
by such person to be disinfected or destroyed and shall pay to the
owners of the clothes and bedding so disinfected or destroyed
30 reasonable compensation for the injury or destruction thereof.
(2) Tim Corporation shall pay reasonable compensation for thA
closing of a common lodging hom~e under the provisions of this
section.
60. Notice of the provisions of this part of this Act shall be Notice to
3 - cl h f l d · h • h common :i serve upon t e keeper o every common o gmg ouse e1t er per- lodging
sonally or by leaving the same at the commou lodging house. ~:1;!rs.
Exposure of
infected
J>IM!ODS,
Infected
person not
to carry on bW!inllSB &c.
34 171(' ]b,dd,,i•.".fi,,f,l C1,i'po1·oti'on Act l!lOG.
PART X.-INFECTIOUS DISEASE.
61. The provisions of section 12G of the Puhlic Health Act
1875 shall extend aud apply to any person who heiug in charge of
a person suffering from any dangerous infectious disorder permits
such sufferer to expose himself without proper precautions against 5
spreading the said disorder iu any street public place shop inn or
public conveyance within the Borough or to enter any public
conveyance within the Borougl1 without previously notifying to the
owner conductor or driver thereof that he is so suffering.
62. No person suffering from infectious disE>ase shall milk any 1!J
animal the milk of which is i11tencled for consumption within the
Borough or pick fruit i1Jte1Hled for consumption within the Borough
or engage in any trade or business cUJrnected with food intended for
consumption within the Borough or cany 011 any trade ()I' business
in such a manner as to be likely to spread such infectious disease [5
within the Borough and if he does so he shall be liable to a penalty
not exceeding forty shillings.
Dairymen to 63. If the medical officer shall ltave reasonable cause to belien'
furni.l!h lists . I B I · t· · r. · r · d' of ~ources of that any person 111 t 1e orou_g 1 1s sut ermg 1rom m1ect10us 1sease
their supplv • 11 'lk 1· l . l . 1 B I I l . . of milk an4 attnbuta le to nu · supp 1e< wit 1111 t 1e oroug 1 1e may l}' notice 1t1 ~O
customers in . . • I · 'I k J ft' · certaincases. writmg reqmre every person supp ymg m1 • to t 1e person so su errng
J)e.irymen to
notify
i11fectii1u~
dief.'l,.."e
existing
among their
aervanta,
or to the house of which lie is an inmate to furnish him with a list ofall
the farms dairies or place.-; from whieh such pnson deri\'eS his sup~lyof
milk or from which lw lias derived liis suppiy duri11g the last six week~
and a list of the 1wrsom; to whom lie lias withi11 such six weeks supplied ~5
milk withi11 the Borough antl the Corp,>ratio11 i-;hall pay to him fi.ir en·ry
such list the sum of sixpence and at tlie rate of sixpence for erery
twenty-five nauws co11tained therl•iu and en·ry such persoll who shall
fail to comply with suclt re!1uest shall fur each such ofteuce be liable to
a penalty not exceediug forty shilliugs aud tu a daily penalty not 30
exceeding tweuty shillings.
64. En·ry dairyman supplyiug milk witliiu the Borough from
premisf's whether within or Leyo11d the Borough shall notify to the
Corporation or to the ml'dical oHiet•r all cai-;L•s of i11fectious disease
'lll\Oll"' llersons en~a~t>d in or in co1111ection with hi:-- dain· so soon as he 3j it. t"'I ... .._ •
becomes aware or lias rea,.;pn tu suspt>et that such infectious di,.;ense
exists and anv tlairn1ta11 who makes default in :-;o doin•" shall be linLh.• • • t°"
to a penalty 11ot exel·edi11g forty s!tillin)..:·s.
The Hudcler.~fteld Cm·pomtion Act 190G. 35
65. No person being the parent or having the care or charge Penal_ty on
of a child who is or has been suffering from infectious disease shall ~::a~hlg
after a notice from the medical officer that the chil<l is not to be sent !h!wtd
to school permit such child to attend school without having procured ~ro:i~
5 from the medical officer a certificate (which shall be granted free of
charge upon application) that in his opinion such child may attend
without undue risk of communicating such disease to others.
If' any person offends against this enactment he shall be liable to a
penalty not exceeding forty shillings.
10 66. Whenever any scholar who attends any school within the Priacipalof
Bo h h ll b k b ff• . fi . · I.' • d" I school to
roug s a e nown to e su ermg rom m1ect10us 1sease t 1e furnish lists
· · l · h f h h 1 ("f l h I of scholars prmc1pa or person m c arge o sue sc oo or 1 sue 1 sc oo ia certain
is divided into separate departments and there is no principal or person cases.
in charge of the whole school) the person in charge of the department
15 which such scholar attends shall forthwith on becoming aware of the
fact, send notice thereof to the medical officer and shall furnish to the
Corporation at their request a list of the scholars attending thereat
together with their addresses and in default thereof shall be liable to
a penalty not exceeding forty shillings.
20 The Corporation shall pay to the person furnishing any such list
the sum of sixpence and at the rate of sixpence for every twenty-five
scholars name<l therein.
67. No person shall take out of any public library any Protection
book for use in any house in which there is a person suffering i~f~~t~on of
25 from infectious disease and no person shall return to any such library fi~t~fc fron,
any book which has been to his knowledge exposed to infection from ibrarr ·
infectious disease but he shall at once give notice that it has been
exposed to infection to the inspector of nuisances and leave the book
at the office of the inspector of nuisances who shall cause the same
30 to be disinfected and then returned to the librarian or destroyed
and if destroyed the Corporation shall pay to the owner thereof its
value.
Any person who shall offend against this enactment shall for
every such offonce be liable to a penalty not exceeding forty shillings.
35 68. (1) ,vhere it appears to the Corporation upon the certificate Remov'!-1 of
f th d. 1 ffi h · · . l person from o e me 1ca o cer t at 1t 1s necessary to remove trom any muse or rnfec~ed
1 f II f h . 1 b . l 1 . k premm:,s. part t 1ereo a or any o t e res1c ents not erng t iemse ves sic · on
account of the existence or recent existence therein of infectious disease
Driver &c. of
infected
person to
give notice.
Penalty on
furuishiug
false
iuformation
t-0 Me<lical
Officer.
36 The Hudder:~.field Corporcttion Act 1906.
or for the purposes of disinfecting such house or part thereof they may
make application to a justice and the justice if satisfied of the
necessity of such removal may grant a warrant authorising the
Corporation to remove such residents and imposing such conditions as
to time and otherwise as to him may seem fit: Provided always 5
that no such warrant shall be necessary when the removal is carried
otit with the consent of any such resident or his parent or guardian.
The Corporation shall and they are hereby empowered to provide free
of charge temporary shelter with any necessary attendance for such
persons while preYented from returning to such house or part thereof. 10
(2) For the purposes of this section the word "house" includes
any tent van shed or similar structure used for human habitation.
(3) The Corporation may for the purposes of this section
Themselves build a place of reception.
Contract for the use of any place of reception.
( 4) Any expenses incurred by the Corporation under this section
shall be paid out of the B9rough fund and Borough rate.
69. If any person suffering from infectious disease is conveyed m
any public vehicle the owner or driver thereof as soon as it comes to
15
his knowledge shall give notice to the medical officer and shall cause :W
such vehicle to be disinfected and if he fails so t-0 do he shall be liable
to a penalty not exceeding five pounds and the owner or driver of such
vehicle shall be entitled to recover in a summary manner from the
person so conveyed by him, or from the person causing that person to
be so conveyed, a sum sufficient to cover any loss and expense incurred 25
by him in connection with such disinfection. It shall be the duty of
the Corporation when so requested by the owner or driver of such
public vehicle to provide for the disinfection of the same free of charge
except in cases where the owner or driver conveyed such person knowing
that he was so suffering. 30
70. (1) The occupier of any building in the Borough which is
used for human habitation and in which there is or has been any person
suffering from a. dangerous infectious disease shall on the application of
the medical officer at any time during the illness of such person or
within six weeks of the occurrence of such illness furnish such informa- 35
tion within his knowledge as the medical officer may reasonably require
for the purpose of enabling measures to be taken to prevent the spread
of the disease.
The Ifuddeiw.field C011J01·ation Act 1906. 37
(2) Any occupier knowingly furnishing false information shall be
liable on summary conviction to a penalty not exceeding forty shillings.
(3) "Occupier" shall have the same meaning as in the Infectious
Disease (Notification) Act 1889.
5 71. It shP..11 not be lawful to hold any wake over the body of any Wake not to
h h d. d f · f' · d' d · h · f h he held over person w o as ie o m ect10us 1sease an t e occupier o any ouse body of
· f h · h · fli person d.ying or premises or part o a ouse or premises w o per1mts or su ers any ,,f infectious
such ,wake to take place in such house or premises or part of a house diseue.
or premises and every pe1·son who attends to take part in such wake
I O shall be liable to a penalty not exceeding forty shillings.
72. Public notice of this Pnrt of this Act shall be ~1ven forth- Pul,lic notice ., to he given
with after the passing of this Act by advertisement in two local of provisions of this Part
newspapers circulating in the borough and by a· notice affixed outside of Act.
the offices of the Corporation and by handbills or such further means
l 5 as the Corporation deem reasonable for conveying notice of th~ provisions
of this Part of' this Act to persons affected or likely to be
:tflected thereby. A. copy of a newspaper or the newspapers containing
the advertisement shall be sufficient evitlence that the provisions of
this section have been complied with.
20 PART XL-NOTIFICATION OF BIRTHS.
73. ( 1) In the case of every chiltl born within the Borough aH:,er ~ot1ce of • • • bll'th to be
the commencement of tlus Act it shall be the duty of the father of the 11ive':1 tf
child if he is actually residing in the house where the birth takes place ~ffi~~C::·
at the time of its occurrence or in his absence of any person in
:Z5 attendance upon the mother at the time of the birth or within six
hours thereafter to send or give notice of the birth to the medical
officer within forty-eight hours after such birth. Every person required
by this section to give or send such notice who fails without reasonable
excuse to give or send the same shall be liable on summary conviction
:30 in manner provided by the Summary Jurisdiction Acts to a fine not
exceeding twenty shillings including costs for each offence : Provided
always that if a person required to give notice as aforesaid satisfies the
Court that he had reasonahle groum1s to believe tlmt notice had been
duly given he shall 11ot be liable to any fine under this section.
35 (:Z) The Corporation shall pay to the father or person aforesaid
who uotities a birth under the provisions of this section a fee nf one
shilling.
Power to
borrow.
38 The Huddersfield Corporation Act 1906.
(3) Any Registrar of Births and Deaths whose sub-district or any
part thereof is situated within the Borough shall at all reasonable
times have access to the Notices of Birth received by the Medical
Officer of Health under the provisions of this section or to any book in
which such notices way be recorded for the purpose of obtaining 5
information concerning births that have occurred within his sub-district.
(4) The notification required to be made undei· this section shall
be in addition to and not in substitution for the requirements of the
general Acts relating to the registration of births and deaths.
(5) The Corporation shall cause to be given public notice of the 10
effect of the provisions of this section by advertisement in two local
newspapers and by handbills and shall give formal notice thereof by
registered post to every medical practitioner known to be in practice in
the Borough and to all women duly registered as mi,lwives or known to
be practising midwifery within the Borough and otherwise in such 15
manner as the Corporation think sufficient aud this section shall
come into operation at such time not being less than one month after
the last publication of such advertisement in a local newspaper as
aforesaid as the Corporation may fix.
(6) The provisions of this section shall cease to be in force within 20
the Borough at the expiration of five years from the date of the
passing of this Act unless they shall have been continued by Act of
Parliament or by Provisional Order made by the Local Government
Board and confirmed by Parliament which Order the Local Government
Board are hereby empowered to make in accordance with the provisions 25
of the Public Health Act 1875.
PART XII.-FINANCE.
74. The Corporation may in addition to any moneys they are now
authorirnd to borrow or which they may be authorised to borrow under
the provisions of the Public Health Acts or any public g-eneral Act 30
borrow at interest for the following purposes the following sums on the
following securities (that is to say):-
On the security of the borough fund and borough rate
(a) For paying the costs charges and expenses of and in relation
to this Act as hereinafter defined the smn requisite for the 35
purpose
The Hudde1·sfield Corporation Act 1906. 39
On the security of the revenue of the tramway undertaking of the
Corporation and of the borough fund and borough rate(
b) For the construction of tramways any sum not exceeding
five thousand three hundred and forty pounds
5 (c) For electrical equipment in connection with the Corporation
tramways any sum not exceeding eight hundred and eightytwo
pounds
On the security of the borough fund and borouµ;h rate(d)
For the purchase ofland for and for the street works by this
10 Act authorised the sum of two thousand four hundred and
sixty-eight pounds
(e) For the extension and enlargement of the Technical College
the sum of ten thousand pounds
(/) For any of the purposes of Part II. (Disposal of Trade
15 Refuse) of this Act such sums as the Local Government Board
may sanction
(g) With the consent of the Local Government Board or the
Board of Trade as the case may be such further moneys as
may be necessary for any of the purposes of this Act.
20 In calculating the amount which the Corporation may borrow
under any other enactment any sums they may borrow under this Act
for purposes (a) (b) (c) (e) (/) and (g) shall not be reckoned and the
powers of the Corporation as to borrowing and re-borrowing for the
said purposes shall not be restricted by any of the provisions of
25 the Municipal Corporations Acts or of the Public Health Acts or of
the Local Government Act 1888.
75. The Corporation shall except as hereinafter provided pay Periods of . . . . repayment. off all moneys borrowed by them under this Act withm the respective
periods following (that is to say):-
30 As to moneys borrowed for the purpose (a) mentioned in the section
of this Act the marginal note of which is " Power to borrow"
within five years from the date of the passing of this Act;
Mode of
payment off
of money
borrowed.
Aa to re- borrowing.
40 The Huddersfield CO?JJOration Act 1906.
As to moneys borrowed for the purposes (d) in the said section
mentioned within forty-five years from the date or datP.s of
the borrowing of the same ;
As to moneys bo1Towed for the purposes (b) and (e) in the said
section mentioned within thirty years from the date or dates 5
of the borrowing of the same ;
As to moneys borrowed for the purpose (c) in the said section
mentioned within twenty years from the date or dates of the
borrowing of the same ;
Provided that any moneys borrowed with the approval of the l O
Local Government Board or of the Board of Trade shall be repaid
within such periods not exceeding sixty years as those Boards
respectively may sanction.
76. The Corporation shall pay off all moneys borrowed by them
under the power~ of this Act either by equal yearly or half-yearly 15
instalments of principal or of principal and interest combined or by
means of a sinkiug fund or partly by one of these methods and partly
by another or others of them and the payme_nt of the first instalment
or the first payment to the sinking fund shall be made within one year
from the date of borrowing the sum in respect of which the payment :20
is made.
77. The Corporation shall except as hereinafter provided have
power to reborrow for the purposes of paying o-tf any principal moneys
which have not been repaid and are intended to be forthwith repaid or
in respect of any moneys which have been repaid by the temporary ~5
application of funds at the disposal of the Corporation within twelve
months before the re borrowing and which at the time of the repayment
it was intended to reborrow : Provided that the Corporation shall not
have power to reborrow in respect of any principal moneys repaid by
instalments or annual payments or discharged by means of the sinking 30
fund or out of moneys derived from the sale of land or out of any
capital moneys properly applicable to the purpose of such repayment
other than moneys borrowed for that purpose: Provided also that any
principal moneys reborrowed shall be deemed to form the same loan as
the money in respect of the repayment of which the reborrowing has 35
been made and shall be repaid within tlie prescribed period.
The Huddersfield Corporation Act 1906. 41
78. The following sections of the Huddersfield Tramways and .Afppli~tion
o sections
Improvement Act 1890 the Huddersfield Corporation Act 1897 of the Acts • ~1~~7
the· Huddersfield Corporation Tramways Act 1900 and the Rudders- I90Oand 1002
field Corporation Act 1902 shall (with the necessary modifications
5 and subject to the provisions of this Act) extend and apply
mutatis mutandis to the moneys borrowed and re-borrowed under
this Act and the repayment thereof:-
THE SAID AcT OF 1890.
Section 35. (Sinking funds may be adjusted in certain events.)
10 Section 38. (Annual return to Local Government Board with
respect to sinking funds &c.)
Section 40. (Application of moneys borrowed.)
THE SAID Aar OF 1897.
Section 40. (As to sinking fund.)
15 8ection 42. (Corporation not to regard trusts.)
THE SAID AcT OF 1900 . •
Section 59. (As to moneys raised by Corporation Stock.)
Section 63. (Protection of lenders from inquiry.)
Section 66. (Audit of Accounts.)
20 Section 67. (Inquiries and expenses of Local Government Board.)
THE SAID ACT OF 1902.
Section 47. (Provisions as to mortgages).
79. (1) Section 341 of the Huddersfield Improvement Act 1871 As to.rating
(As f.": • •
1 & . . ) h ]l be of railways sessments 10r tithes ra1 ways c. m certam cases s a for certain
25 incorporated with and form part of this Act and shall extend and apply purpose&.
to any increase or addition made under the authority or for the purposes
of this Act to any borough rate levied for purposes other than
purposes with respect to which the partial exemption is not at present
applicable.
30 (2) In the case of any demand on any railway company entitled
to partial exemption for payment of the borough or other rate to the ·
Corporation it shall be the duty of the Town Clerk on. the application
Bands of
music.·
Application
of Cemeteries
Clauses Act
18-17 to
cemeteries of
Corporation.
Application
of Librariea
Offences Act
1898 in the
Borougb.
42 The Huddersfield Corporation Act 1906.
of such railway company to furnish within seven days full particulars
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 purposes in 5
respect of which such railway company is entitled to the partial
exemption aforesaid.
PART XIII.--MISCELLANEOUS.
80. The Corporation may pay or contribute towards the payment
of a band or bands of music to perform in any park recreation ground 10
or building for the .time being belonging to or held by the Corporation
or elsewhere in the Borough as they may direct and the Corporation
may enclose a small area within which such band shall play and make
bye-laws for regulati1.1g the time and plaP-e for the playing of the
band and the payments to be made for admission within such building I 5
or enclosure and for securing good and orderly conduct duringthe
playing of the band : Provided that the payments or
contributions of the Corporation for or towards such band shall be
paid out of the Borough Fund and Borough Rate and shall not ii. any
one year exceed the sum of three hundred pounds. 20
81. For the purposes of sections 58 and 59 ot the Cemeteries
Clauses Act 1847 any cemetery or burial ground belonging to or
provided by the Corporation shall be deemed to be a cemetery
authorised to be made by a special Act with which the said Act had
been incorporated and the provisions of the said sections shall apply 25
accordingly.
82. The Libraries Offences Act 1898 shall apply to any Public
Library or reading room established by the Corporation under the
powers contained in section 210 (Power to establish public libraries &c.)
of the Huddersfield Improvement Act 1871 and to any Puhlic Library 30
for the time being vested in 'them as if such Library were a Library
under the Public Libraries Act 189?..
Incorpora• 83. The following sections of the Huddersfield Corporation Act
tion of
c~rtain sec- 1902 are incorporated with this Act aud shall apply as if the same
t1ons of the • h h . . • · 1
Act of 1902. wit t e necessary modifications were set out m tlus Act name y :-- 35
Section 56. (Authentication and service of notices &c.)
The Huddersfield Corporation Act 1906.
Section 58. (Informations by whom to be laid.)
Section 59. (Compensation how to be determined.)
Section 61. (Recovery of penalties &c.) and
Section 63. (Judges not disqualified.)
43
5 84. The provisions of sections one huuclred and eighty-two to Confirmation of bye-law11.
one hundred and eighty-five of the Public Health Act 1875 so far
as they relate to hyelaws made by au urban authority shall apply to
byelaws made by the Corporation under the powers of this Act
except by~laws to which the provisions of the Tramways Act 1870
1 O are applicable under this Act.
85. Any person deeming himself aggrieved by any order As to appeal.
judgment determination or requirement or the withholding of any
certificate licence or consent or approval of or by the Corporation or of
or by any officer of the Cor.poration or by any conviction or order made
15 by a court of summary jurisdiction under any provision 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 the Corporation may in like manner appeal.
20 86. Nothing in this Act shall protect any person from being pro- ~~iug for
d d • b f' d' ' f b h" md1ctments cee e agamst y way o m 1ctment m respect o any matter y t 1s Act &c.
made punishable on summary proceedings or shall relieve any person
in respect of any such matter from any penal or other consequences to
which he would have been liable if such matter had not been made
25 punishable by this Act Provided that nothing in this Act shall make
a person lin,hle to he puuished more than once for the same offence.
87. All powers rights and reme<lies given to tlie Corporation by Pl)wers of • • • Act cumul,i- th1s Act shall (except where otherwise expressly provided) be deemed tive.
to be in addition to and not in derogation of any othe1· powers con30
ferred upon them by Act of Parliament law or custom and the Corporation
may exercise such other powers as if this Act had not been passed :
Provided that no person shall incur more than one penalty (other than
a daily penalty for a continuing offence) for the commission of one
offence.
Crown
right11.
Uost.. of Act.
44 The Hudder~eld Corporation Act 1906.
88. Nothing in this Act affects prejudicially any right power
privilege or exemption of the Crown.
89. The costs charges and expenses preliminary and of and incidental
to preparing obtaining and passing this Act as taxed by the
taxing officer of the House of Lords or House of Commons shall be 5
pa.id by the Corporation.
[SCHEDULE
The Huddenfteld Corporation Act 1906. 45
THE SCHEDULE REFERRED TO IN THE FOREGOING ACT.
DESCRIBING PROPERTIES OF WHICH PORTIO!'JS ONLY MAY BE REQUffiED.
Parish Work Number on Deposited Plan•
Huddersfield ... Xo. 1 ... 1 3 4 5 7 9 10 11 l::! 13 14 15 16 17 18
19 20 21 22 23 24
Huddersfield .. No. 2 ••• 29 30 31

Huddersfield Corporation Act of 1906

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