Huddersfield Tramways and Improvement Act of 1890

The Huddersfield Tramways and Improvement Act of 1890 was summarised as:

An Act to enable the Mayor Aldermen and Burgesses of the County Borough of Huddersfield to construct Additional Tramways and Street and Road Improvements and to make further Provision for the good Government of the Borough and for other purposes.

Read Online

Transcription

The following is an uncorrected automated OCR transcription of the document and will contain errors (expand):

53 AND 54 Vrn•1•.-SEss10N 1890.
THE HUDDERSFIELD TRAMWAYS AND
I!1PROVEMENT AC'l' 1890.
ARRANGEMENT OF SECTIONS.
SECTION
Preamble.
PART !.-PRELIMINARY.
Short title l
Act divided into Parts 2
Incorporation of Acts 3
Interpretation - 4
Saving of rights of lord or lords of the manors of Huddersfield
and Almondbury 5
Limits of Act 6
Act tu be executed by Council 7
PART II.-TRA.MW AYS.
Power to make Tramways -
Period for completion of Tramways -
7 A TR.
8
9
11
SECTION
Extending time for rompletion of certain of the authorised
Tramways - 10
Power to alter level of rails 11
Certain Tramway provisions of Acts of 1880 and 1882
extended to Tramways by this Act authorised 12
Provision for protection of the Postmaster-General 13
Carrying of mails by Corporation 14
Further provision as to construction of Tramways 15
As to rails of Tramways 16
p ART III.-STREET w ORKS.
Power to make street improvements - 17
For the protection of the London and North Western
Railway Company 18
New streets to be fenced
Certain new streets and Tramways to be constructed
simultaneously
Extension of certain powers of former Acts to street
improvements
PART IV.-LANDS.
Power to Corporation to take certain of the lands refer19

iO
21
enced 22
Limitation of time for compulsory purchase of lands 23
As to removal of human remains 24
Power to acquire additional lands by agreement 25
Consideration for such acquisition 26
Restriction on· displacing persons of labouring class 27
111
SECTION
Owners may be required to sell parts only of certain
lands and buildings 28
Provisions as to sale and lease of lands 29
PAR'J' V.-FINANCE.
Power to borrow 30
Certain provisions of former Acts extended to this .A.et - 31
Reduction of sum to be accumulated in hands of bankers
under Section 129 of the .A.et of 1876 32
Power to re-borrow 33
Application of moneys from sale etc. of land 34
Sinking funds may be adjusted in certain events 35
Application of moneys under former Acts 36
Power to borrow under Local Loans Act 1875 - 37
Annual return to Local Government Board with respect
to sinking funds &c. - 38
Composition for stamp duty 39
Application of moneys borrowed 40
Expenses of executing .A.et 41
As to rating of Railways for certain purposes - 42
Particulars to be furnished with reference to differential
rates 43
Auditors
Expenses of .A.et -
Schedule.
PART Vl.-MISCELLANEOUS.
44
45
AN A. C 'l~
To enable the Mayor Aldermen and Burgesses of
the County Borough of Huddersfield to construct.
Additional Tramways and Street and
Road Improvements and to make further
Provision for the good Government of the
Borough and for other purposes.
[ROYAL ASSENT 4TH JULY 1890.]
WHEREAS the Borough of Huddersfield in the West Riding of Preamble.
the county of York is a County Borough subject to the Acts
relating to Municipal Corporations and the Mayor Aldermen and
Burgesses of the said Borough (hereinafter called '' the Corpora5
tion ") acting by the Council are the Urban Sanitary Authority
for the district thereof:
10
And whereas the following among other Acts are m force
within the Borough (that is to say):-
The Huddersfield Improvement Act 1871;
The Huddersfield Waterworks and Improvement Act 1876;
The Huddersfield Improvement Act 1880; and
7 B
34 & 35 Viet.
cap. cli.
39 & 40 Viet.
cap. c.
43 & 44 Viet.
cap. xcbr
45 & 46 Viet.
cap. ccxxni.
2 The Huddersfield Tramways and Improvement Act 1890.
The Huddersfield Corporation Act 1882;
which Acts are in this .Act collectively referred to ns "the former
Acts" and each of them separately as an Act of the year in which
it was passed:
And whereas the Corporation under the powers of the Act of 5
1880 and the Act of 1882 have constructed various Tramways in
the Borough :
And whereas by the Act of 1882 the time limited for the
completion of certain of the Tramways authorised by the· Act of
1880 was extended to the second day of August one thousand eight 10
hundred and ninety:
And whereas it is expedient that the Corporation be empowered
to construet and maintain additional Tramways in the
Borough and that the time for the completion of certain of the
Tramways authorised hy the Act of 1880 should be further 15
extended:
And whereas it was by the Act of 1882 provided that if the
Corporation were unable to demise the Tramways then or by that
Act authorised upon such terms as would in the opinion of the
Board of Trade yield an adequate rent therefor the Board of Trade 20
might grant the Corporation license to work the said Tramways
whereupon the Corporation might provide the plant requisite for the
purpose:
And whereas the Corporation having been so unable the Board
of Trade did grant the Corporation a license for the working of the 25
said Tramways which expired in the month of December one
thousand eight hundred and eighty-nine and was in the like
circumstances renewed by the Board of Trade for another period of
seven years :
And whereas the Tramways authorised by this _!\.et are 30
extensions within the borough of the Tmmway system of the
Corporation which are intended to be constructed as the circumstances
of the borough from time to time require and it is expedient
that the provisions as to the working of the existing authorised
Tramways of the Corporation be extended to the Tramways by this 35
Act authorised:
1.'he Huddersfield Tramways and Improvement Act 1890. 3
And whereas it is expedient that the Corporation be authorised
to make the street and road improvements hereinafter described :
And whereas the Corporation are the owners of the markets
and fairs authorised to be held in and for the Borough :
5 And whereas it is expedient that the Corporation be authorised
to acquire additional lands for street improvement and market
purposes:
And whereas the Corporation are the owners of the Undertaking
whereby the Borough and adjacent places are supplied
10 with gas.
And whereas it is expedient that further borrowing and other
powers be conferred upon the Corporation:
And whereas· by the Act of 1882 the Corporation were
empowered to exercise their statutory borrowing powers for the
15 time being by means of the creation and issue of Corporation
stock:
And whereas the objects aforesaid cannot be effected without
the authority of Parliament:
And whereas estimates have been prepared by the Corporation
20 for the purchase of land and for the execution of the various works
by this Act authorised and for the construction and completion
of works by the former Acts of the Corporation authorised and
such estimates are as follows :
For Tramway purposes sixty-four thousand pounds ;
25 For street improvement purposes two hundred and twenty
thousand pounds ;
For market purposes fifty thousand pounds ;
}.,or hospital purposes sixty thousand pounds ;
For gas works purposes one hundred thousand pounds;
30 And whereas the several works included in such estimates
respectively are permanent works within the meaning of the two
hundred and thirty-fourth section of The Public Health Act
1875:
4 Tlte H1.,ddersfield Tramways and Impro'Dement A.et 1890.
And whereas the Corporation have unexercised borrowing
powers not required for the purposes for which the same were
granted and available for the purposes of this Act:
And whereas an absolute majority of the whole number of
the Council at a meeting held on the third day of December 5
one thousand eight hundred and eighty-nine after ten clear days'
notice by public advertisement of such meeting and of the purpose
thereof in the Huddersfield Chronicle a newspape1· published and
circulating in the Borough (such notice being in addition to the
ordinary notices required for summoning such meeting) resolved 10
that the expense in relation to promoting the Bill for this Act
should be charged on the Borough Fund and Borough Rate of the
Borough:
And whereas such resolution was published twice in the said
newspaper and has received the approval of the Local Government 15
Board:
And whereas the propriety of the promotion of the Bill for
this Act was confirmed by an absolute majority of the whole
number of the Council at a further special meeting held in pursuance
of a similar notice on the nineteenth day of February one 20
thousand eight hundred and ninety being noi less than fourteen
days after the deposit of the Bill in Parliament:
And whereas the owners and ratepayers of the Borough by
resolution in the manner provided in the Third Schedule of The
Public Health Act 1875 consented to the promotion of the Bill 25
for this Act :
And whereas plans and sections showing the lines situation
and levels of the tramways and works by this Act authorised and
plans showing the lands which may be acquired under the powers
of this Act and a book of reference to those plans containing the 30
names of the owners or reputed owners lessees or reputed lessees
and of the occupiers of and describing such lands have been
deposited with the Clerk of the Peace for the West Riding of the
county of York and are in this Act referred to as the deposited
plans sections and book of reference: 35
The Huddersfield Tramways and Improvement Act 1890. 5
MAY IT THEREFORE PLEASE YOUR MAJESTY
That it may be Enacted and be it Enacted by the Queen's Most
Excellent Majesty by and with the advice and consent of the
Lords Spiritual and Temporal and Commons in this present Parlia5
ment assembled and by the authority of the same as follows (that
is to say):-
PART !.-PRELIMINARY.
I. 'l'his Act may be cited as "The Huddersfield Tramways Short title.
and Improvement Act 1890."
10 2. This Act is divided into parts as follows:-
Part !.-Preliminary;
Part !!.-Tramways;
Part III.-Street works ;
Part IV .-Lands ;
15 Part V.-Finance;
Part VI.-Miscellaneous.
3. The following Acts and parts of Acts (that is to say):-
The Lands Clauses Act!!I ;
Section 3 (Interpretation of terms) Section 19 (Local authority
20 may lease or take tolls) and Parts II. and III. of The Tramways
Act 1870;
as far as they are applicable for the purposes of and not varied by
or inconsistent with this Act are hereby incorporated with and
form part of this Act.
Act divided into
parts.
Incorporation of
Acts.
26 4. In this Act unless the subject or context otherwise Interr retation.
require7
C
6 The Huddersfield Tramways and Improvement Act 1800.
Terms to which meanings are assigned by enactments incorporated
with this .A.et or which have therein special meanings
have in this .A.et and for the purposes of this .A.et the same
respective meanings ;
'' The Borough" means the County Borough of Huddersfield; 5
'' The Corporation " means the l\fayor Aldermen and Burgesses
of the Borough ;
"The Council" means the Town Council of the Borough ;
'' The Mayor " means the Mayor of the Borough ;
" The Town Clerk " " the l\ledical Officer of Health " '' the 10
Borough Surveyor" and " the Borough Accountant " respectively
mean the Town Clerk the Medical Officer of Health the
Borough Surveyor and the Borough Accountant of the Borough;
" The Borough Fund " and " the Borough Rate" mean
respectively the Borough Fund and the Borough Rate of the 15
Dorough;
" Tramway Revenue '' means all net moneys received for or
in relation to the Tramways other than borrowed moneys and
other moneys which ought to be carried to the account of
capital; 20
" Gas revenue " means all net moneys received for or in
relation to the supply of gas other than borrowed moneys and
other moneys which ought to be carried to capital account ;
"Market revenue" means all net moneys received for or in
relation to the markets and fairs of the Corporation other than 25
borrowed moneys and other moneys which ought to be carried to
capital account;
"The Municipal Corporations Acts'' means The Municipal
Cor11orations .A.et 1882 and any .A.et amending the same;
"The Public Health .A.cts" means The Public Health .A.et 30
1875 and any .A.et amending the same.
Tlie Huddersfield Tramways and Improvement A.et 1890. 7
'fhe term " Sir John Ramsden " shall have the meaning
attached thereto by Section 4 of the Act of 1871.
5. Subject to the express provisions of this Act nothing in this Savin~ of rights • • of lord or lords Act con tamed shall extend to or be deemed construed or taken as m of the manors of
5 anywise extending to extinO'uish prejudice diminish affect or disturb Huddersfield and
h · · h' 0 b d . d t b d Almondbury. or as aut or1smg anyt mg to e one or om1tte o e one so as to
extinguish prejudice diminish affect or disturb any right privilege
franchise incorporeal hereditament or profit belonging to the lord
or lords of the manors of Huddersfield and Almondbury respec10
tively for the time being or belonging to the person or persons for
the time being in receipt of or entitled to the rents and profits of
the estates from time to time subject to the subsisting uses of the
will of Sir John Ramsden baronet deceased or of any settlement
or re-settlement thereof or of any Act of Parliament relating to
15 the same or reserved or conferred by the Act of Parliament
passed in the seventh and eighth years of the reign of King
George the Fourth intituled " An Act for supplying with Water
the Town and Neighbourhood of Huddersfield in the West Riding
of the County of York '' or by the Act of Parliament passed in the
20 eighth and ninth years of the reign of Her present Majesty
intituled "An Act to alter enlarge and amend an Act for supplying
with Water the Town and Neighbourhood of Huddersfield in the
West Riding of the County of York" or by The Huddersfield
Improvement Act 1848 or any of them but such rights privileges
25 incorporeal hereditaments and profits respectively subject as aforesaid
shall remain continue and be used exercised enjoyed and
taken in the same manner in all respects as if this Act had not
been passed.
6. This Act except where otherwise expressed or implied shall Limits of Act.
-30 apply exclusively to the Borough.
7. This Act shall be carried into execution by the Corporation bActcto be_1e'Xecuted
y OUDCl.
acting by the Council.
Power to make
Tramways.
8 The Huddersfield Tranuoays and Impi·ovemenl A.et 1890.
p .ART II.-TR.AMWAYS.
8. Subject to the provisions of this Act the Corporation may
make form lay down use and maintain wholly within the Borough
the Tramways hereinafter described in the lines and according to
tlic levels shown on the deposited plans and sections and in all 5
respects in accordance with those plans and sections with all such
rails plates sleepers junctions turntables turnovers crossings passing
places stables carriage-houses sheds works and conveniences connected
therewith as may be necessary or proper therefor and for
connecting and using the same with the authorised Tramways of 10
the Corporation.
The Tramways hereinbeforo referred to and authorised by this
Act will be of the gauge of four feet eight and a half inches and
will be wholly laid as single lines except at the passing places
where they will be double lines and are those following (that 1s
to say): 15
Tramway No. 1 (5 furlongs 7·30 chains in length whereof
5 furlongs 2·09 chains arc single and 5·21 chains are double
lines) wholly in the township and parish of Almondbury
commencing at the boundary of the Municipal Borough of
Huddersfield in Woodhead Road and terminating in Parkgate 20
by a junction with Tramway No. 1 (authorised by the Act of
1880) at its commencement ;
Tramway No. la (a passing place) wholly in Woodhead Road
and connected with and subsidiary to Tramway No. 1 ;
Tramway No. lb (a short junction connected with and sub-25
sidiary to Tramway No. 1) commencing in Woodhead Road by
a junction with that Tramway and terminating in Parkgate by
a junction with Tramway No. la authorised by the Act of 1880
at its commencement ;
Tramway No. 2 (9·39 chains in length whereof 7·89 chains 30
are single and 1·50 chains are double lines) wholly in the town-
The Huddersfield Tramioaya and Improvement Act 1890. 9
ship and parish of Almondbury commencing in Woodhead Road
by a junction with the said authorised Tramway No. 1 and
terminating by a junction with the constructed portion of the
said authorised Tramway No. 1 ;
5 Tramway No. 2a (a short junction connected with and subsidiary
to Tramway No. 2) commencing in Woodhead Road
by a junction with Tramway No. lb authorised by the Act
of 1880 and terminating by a junction with Tramway No. 2 ;
Tramway No. 3 (6 furlongs 6·46 chains in length whereof
10 6 furlongs and 3·46 chains are single and 3 chains are double
lines) wholly in the township and parish of Huddersfield commencing
in Northumberland Street by a junction with the
constructed portion of the said authorised Tramway No. 1 in
N orthgate and terminating at a point in Leeds Road North at
15 its junction with Bradley Mills Road by a junction with
another portion of the authorised Tramway No. 1 ;
Tramway No. 3a (a passing place) in Leeds Road North
connected with and subsidiary to Tramway No. 3 ;
Tramway No. 4 ( 2 furlongs 9·09 chains in length whereof
20 2 furlongs 7·59 chains are lilingle and 1·50 chains are double
lines) wholly in the township and parish of Huddersfield commencing
in Leeds Road North by a junction with the authorised
Tramway No. 1 at its termination al!d terminating on the bridge
called or known by the name of Cooper Bridge ;
25 'l'ramway No. 4a (a short junction connected with and subsidiary
to Tramway No. 4) wholly in Leeds Road North co!llmencing
at the termination of Tramway No. lj authorised by the
Act of 1880 and terminating by a junction with Tramway No. 4 ;
Tramway No. 4b (2·27 chains in length) part of a reversing
30 place connected with and subsidiary to Tramway No. ,&, ~
Tramway No. 4c (1·27 chains in length) part of the said
reversing place commencing by a junction with Tramway
No. 4b and terminating by a junction with Tramway No. 4;
7 D
10 The Huddersfield Tramways and lmproveme,u Act 1690.
Tramway No. 5 (3 furlongs 4·20 chains in length) commencing
in the township and parish of Huddersfield in Leeds Road North
by a. junction with the authorised Tramway No. 1 and terminating
at the sewage lands belonging or claimed to belong to the
Corporation ;
Tramway No. 6 (5·75 chains in length) commencing in the
township and parish of Huddersfield in Leeds Road North by a
junction with the authorised Tramway No. 1 and terminating
in the township of Dalton and parish of Kirkheaton by a junction
with Tramway No. 5. 10· ·
Tramway No. 7 (1 mile 4 furlongs l ·65 chains in length
whereof 1 mile 3 furlongs and 8·65 chains are single and 3 chains
are double lines) wholly in the township and parii-h of Huddersfield
commencing by a junction with Tramway No. 2 authorised
by the Act of 1880 in Bradford Road North and terminating in 15
Leeds Road North by a junction with the said authorised
Tramway No. 1;
Tramway No. 7a (1·69 chains in length) part of a reversing
place commencing by a junction with Tramway No. 7 in Ash
Brow Road and terminating about 33 yards north-east. of its 20
commencement ;
Tramway No. 7b (1 chain in length) part of the said reversing
place commencing about sixteen yards south of the termination
of Tramway No. 7a by a junction with that Tramway and terminating
in Ash Rrow Road by a junction with rrramway 25·
No. 7;
Tramway No. 7c (a passing place) wholly in Deighton Road
connected with and subsidiary to Tramway No. 7.
Tramway No. 8 (2 furlongs 3·12 chains in length) wholly in
the township and parish <;>f Huddersfield commencing at a point 30·
in Cherry Nook Road by a junction with Tramway No. 7 · and
terminating in Leeds Road North by a junction with the authorised
Tramway No. 1 ;
The Huddenfte'1d '1JraniU1a1f8 and ImprOV6ment.• .A:ot· 1890. IL
Tramway No. 9 (1 mile 1 furlong 3·63 chains in length) whereof
1 mile 1 furlong ·63 chains are single and 3 chains are double lines)
wholly in the township and parish of Huddersfield in Bradford
Road North commencing by a junction with the said authorised
5 Tramway No. 2 at its termination and terminating in Bradford
Road North at the boundary of the Borough;
Tramway No. 9a (a passing place) wholly in the township
and parish of Huddersfield in Bradford Road North and connected
with and subsidiary to Tramway No. 9 ;
10 Tramway No.10 (1 mile 3 furlongs 7·44 chains in length whereof
1 mile 2 furlongs 9·90 chains are single and 7·54 chains are double
lines) wholly in the township and parish of Huddersfield commencing
by a junction with the constructed portion of the said
authorised Tramway No. 1 in John William Street and ter15
minating in the Bradford Road by a junction with the existing
portion of the authorised Tramway No. 2 ;
Tramway No. 10a (a passing place) wholly in Saint John's
Road and connected with and subsidiary to Tramway No. 10;
'framway No. 10b (a passing place) wholly in Spaines Read
20 and connected with and subsidiary to Tramway No. 10;
Tramway No. 10c (1·24 chains in length) commencing by a
junction with the said Tramway No. JO in Wasp Nest Road
and terminating by. a junction with the said existing Tramway
No. 2;
25 Tramway No. 11 (1 furlong 9·77 chains in length) wholly in
the township and parish of Huddersfield commencing by a
junction with the said Tramway No. 10 in John William Street
and terminating in Bradford Road ;
Tramway No. 12 (5 furlongs 4·76 chains in length whereof 5
30 furlongs 1·76 chains are single and 3 chains are double lines)
wholly in the township of Lindley-cum-Quarmby and parish of
Huddersfield commencing in Halifax Road at the boundary of
the Municipal Borough and terminating. at the junction of
Holly Bank Road with the said Halifax Road by a junction
35 with the existing Tramway (No. 8) authorised by the Act of
11380;
12 The Huddersfield Tramways and Improvement Act 1890.
Tramway No. 12a (a passing place) wholly in Halifax
Road and connected with and subsidiary to Tramway
No. 12;
Tramway No. 13 (I mile 3 furlongs ·81 chains in length whereof
1 mile 2 furlongs 4·81 chains are single and 6 chains are double 5
lines) wholly in the township of Lindley-cum-Quarmby and
parish of Huddersfield in New Hey Road commencing at the
boundary of the Municipal Borough and terminating by a
junction with the existing Tramway No. 7 authorised by the
Actofl880; 10
Tramways No. 13a and 13b passing places in New Hey Road
connected with and subsidiary to Tramway No. 13;
Tramway No. 14 (1 mile 1 furlong 1·81 chains in length whereof
1 mile 8·81 chains are single and 3 chains are double lines) wholly
in the township of Lindley-cum-Quarmby and parish of Hudders-15
field commencing in Quarmby Road by a junction with the existing
Tramway i\'o. 6 authorised by the Act of 1880 at its termination
and terminating at a point in New Hey Road by a junction with
Tramway No. 13;
Tramway No. 14a (a passing place) in Quarmby Road con- 20
nected with and subsidiary to Tramway No. 14;
Tramway No. 16 (1 mile ·09 chains in length whereof 7 furlongs
7·09 chains are single and 3 chains are double lines) wholly in the
township of Lockwood and parish of Almondbury commencing
in ])ryclough Road and terminating by a junction with Tramway 25
No. 5 authorised by the Act of 1880 at its commencement ;
Tramway No. 16a (·90 chains in length) part of a reversing
place commencing in Dryclough Road by a junction with
Tramway No. 16 and terminating in Woodside Road by a
junction with Tramway No. 16b; 80
Tramway No. 1Gb (1·63 chains in length) part of the said
reversing place commencing in Woodside Road and terminating
in Dryclough Road by a junction with Tramway No. 16;
'11ramway No.16c (·66 chains in length) part of another reversing
place commencing in Barton Road by a junction with Tramway 35
The Huddersfield Tramways and Improvement Act 1890. 13
No. 16 and terminating about 14·52 yards east of its commencement
by a junction with Tramway No. 16d;
Tramway No. 16d (1 ·42 chains in length) part of the lastnamed
reversing place commencing at a point about 16·66
5 yards south-east of the termination of Tramway No. 16c and
terminating by a junction with Tramway No. 16;
Tramway No. 17 (1 mile 7 furlongs 1·57 chains in length)
commencing in the township and parish of Huddersfield in
Buxton Road by a junction with the existing Tramway No. 1
10 authorised by the Act of 1880 and terminating in the township
and parish of Almondbury in Newsome Road (new portion).
Tramway No. 17a (3·33 chains in length) part of a reversing
place commencing in Newsome Road (new portion) by a
junction with Tramway No. 17 and terminating in Birch
15 Road;
Tramway No. 17b (1·21 chains in length) part of the said
reversing place commencing in Birch Road by a junction with
Tramway No. 17a and terminating in Newsome Road hy a
junction with Tramway No. 17.
20 Provided as follows :
The working by steam or other mechanical power of such
portion of Tramway No. 4 as lies between the termination
of Tramway No. 4c and the end of Tramway No. 4
shall where the width of the road is less than 10 feet
25 6 inches on each side be subject to the consent of
the Board of 'rrade ;
Tramway No. 5 shall be used for goods traffic only ;
Tramway No. 10 shall be made a double single line from the
termination of Tramway No. 10b to the end of the
30 Tramway No. 10;
Tramway No. 14 shall for the distance of about 20 chains
from its commencement be so constructed that there
shall be between the nearest rail of the Tramways and
the outside of the Foot way a space of 10 feet 6 inches
30 on the one side and 9 feet 6 inches on the other side
of the road :
7 E
Period for
completion of
Tramways.
Extending time
for completion
of certain of the
nuthori•ed
Tramways.
14 The Huddersfield T1·amways and Improooment Act 1890.
Tramway No. 7 from its commencement in Bradford Road
North to the junction of Victoria Street and Cherry
Nook Road Deighton also from the junction of Whitacre
Street and Deighton Road to its termination in Leeds
Road North Tramways No. 7a and 7b Tramway No. 10 5
from Whcathouso Road to Halifax Old Road Tram way
No. 11 Tramway No. 14 from a point 2 furlongs and
6·59 chains west of its commencement in Quarmby
Road to its termination in New Hey Road and Tramway
No. 14a shall not be laid until the streets along which 10
those Tramways and parts of Tramways are to be
respectively laid shall have been so widened or constructed
( in any case where not already constructed)
as that when the respective Tramways are laid therein
i·espcctivcly there will not at any such part of any such 15
street be a less space than 10 feet 6 inches between the
outside of the footpath on either side of that street and
the nearest rail of the Tramway.
Unless and until the roads along which the said Tramway
No. 17 will be constructed shall be widened so as to 20
leave a space of not less than 10 feet 6 inches
between the outside of the footpath on either side of
the road :and the nearest rail of the Tramway the
Corporation shall not use on the said Tramway
carriages or trucks adapted for use on lfailways and 25
the mode of working that Tramway shall be subject to
the license of the Board of Trade.
9. If the Tramways. by tl).is Act authorised be not completed
within six years from the passing of this Act then on the
expiration of that period the powers by this Act granted to the 30
Corporation for constructing the same or otherwise in relation
thereto shall cease except as to so much of the said Tramways
respectively as is then completed.
10. 1'he time for the completion of the following parts of the
following 'rramways authorised by the Act of 1880 (that is to 35
say):-
Part of Tramway No. 1 from Park Gate Berry Brow to u.
point near Emmanuel Church Salford and from Bradley Mills
Road to Woodman Inn ;
The Huddersfield Tramways and Improvement A.et 1890. 15
Part of Tramway No. 2 from the termination of the Tramway
in Bradford Road North to the junction with that road and Lister's
Road;
Part of Tramway No. 3 from the boundary of the Borough in
5 Woodfield Road to t-he termination of the Tramway near
Dungeon Cottages ;
Part of Tramway No. 4 from its commencement to the Junction
of Manchester Road and Thornton Road;
Part of Tram way No. 11 from the termination of the existing
10 Tramway in Town End Almondbury to the termination of that
Tramway.
the time for the completion of which several Tramways was
extended by the Act of 1882 to the second day of August one
thousand eight hundred and ninety is further extended to the
15 second day of August one thousand eight hundred and ninety-six
after which date the powers for the completion of those Tramways
shall cease.
11. The Corporation may from time to time alter and maintain
the level of the rails of any Tramway so that they shall corre20
spond with the level of the street wherein such Tram way is laid.
Power to alter
level of rails.
12. The provisions of Sections 15 to 43 both inclusive of the Certain Trnmwny • • provisions of Acts Act of 1880 and the regulations with respect to use of steam or of 1880 and 181i2
mechanical power on Tramways contained in the First Schedule to extended to Trnm- • • • • . ways by this Act
that Act and the prov1S1ons of Section 17 ( Corporation may m authorised.
25 certain cases work Tramways) of the Act of 1882 shall extend and
apply mutatis mutandis to and in relation to the Tramways by this
Act authorised.
13. In the event of any of the tramways of t.he Corporation Provii;ion for
b · k d b I t · 't th ~ 11 · · · h 11 h protection of the e1ng wor e y e ec r1c1 y, e .10 owmg proV1s1ons s a ave Postmaster
-30 effect :- Genera.I.
1. The Corporation or any Company body or person working
the tramways (who are hereinafter in this section included in the
term " the Corporation '') shall construct their electric lines and
other works of all descriptions and shall work their undertaking
35 in all respects with due regard to the telegraphic lines from time
16 The Huddersfield Tramways and Imp1·ovement Act 1890.
to time used or intended to be used by Her Majesty's PostmasterGeneral
and the currents in such telegraphic lines and shall use
every reasonable means in the construction of their electric lines
and other works of all descriptions and the working of their
undertaking to prevent injurious affection whether by induction 5
or otlu~rwise to such telegraphic lines or the currents therein. If
any question arises as to whether the Corporation have
constructed their electric lines or other works or work their
undertaking in contravention of this sub-section such question
shall be determined by arbitration and the Corporation shall be 10
bound to make any alterations in or additions to their system
which may be directed by the arbitrator;
2.-(A) Before any electric line is laid down or any act or
work fo1· working the tramways by electricity is done within ten
yards of any part of a telegraphic line of the Postmaster-General 15
( other than repairs or the laying of lines crossing the line of the
Postmastcr-Gene1·al at right angles at the point of shortest
distance and so continuing for a distance of six feet on each side
of such point) the Corporation or their agents not more than
twenty-eight nor less than fourteen days before commencing the 20
work shall give written notice to the Postmaster-General specifying
the course of the line and the nature of the work
including the gauge of any wire and the Corporation and their
agents shall conform with such reasonable requirements (either
general rJr special) as may from time to time be made by the 2o
Postmaster-General for the purpose of preventing any telegraphic
line of the Postmaster-General from being injuriously
affected by the said act or work;
(n) Any difference which arises between the PostmasterGeneral
and the Corporation or their agents with respect to any 30
requirements so made shall be determined by arbitration;
3. In the event of any contravention of or wilful non~
compliance with this section by the Corporation or tlieir agents
the Corporation shall be liable to a fine not exceeding ten
pounds for every day during which such contravention or non- 35
compliance continues or if the telegraphic communication is
wilfully interrupted not exceeding fifty pounds for every day on
which such interruption ef\ntinues;
The .H:uddersfield Tramways and Improvement Act 1890. 17
4. Provided that nothing in this section shall subject the
Corporation or their agents to a fine under this section if they
satisfy the Court having cognisance of the case that the immediate
doing of the act or execution of the work was required to
5 avoid an accident or otherwise was a work of emergency and
that they forthwith served on the postmaster or sub-postmaster
of the postal teleg1·aph office nearest to the place where the act
or work was done a notice of the execution thereof stating the
reason for doing or executing the same without previous notice ;
10 5. For the purposes of this section a telegraphic line of the
Postmaster-General shall be deemed to be injuriously affected by
an act or work if telegraphic communication by means of such
line is whether through induction or otherwise in any manner
affected by such act or work or by any use made of such work ;
15 6. For the purposes of this section and subject as therein
provided sections two eight nine ten eleven and twelve of the
Telegraph Act 1878 shall be deemed to be incorporated with this
Act as if the Corporation were undertakers within the meaning
of those sactions without prejudice nevertheless to any operation
20 which the other sections of the said Act would have had if this
section had not been enacted and in particular nothing in this
section shall be deemed to exclude the provisions of section seven
of the Telegraph Act 1878 in relation to the matters mentioned
in that section ;
25 7. The expression " electric line " has the same meaning in
this section as in the Electric Lighting Act 1882 ;
8. Any question or difference arising under this section which
is directed to be determined by arbitration shall be determined
by an arbitrator appointed by the Board of Trade on the
30 application of either party whose decision shall be final and
Sections 30 to 32 both inclusive of the Regulation of Railways
Act 18"68 shall apply in like manner as if the Corporation or
their agents were a company within the meaning of that
Act;
35 9. Nothing in this section contained shall be held to deprive
the Postmaster-General of any existing right to proceed against
7 F
Carrying of mails
by Corporation.
18 The Huddersfield Tramways and Improvement Act 1890.
the Corporation by indictment action or otherwise in relation to
any of the matters aforesaid.
14.-(1.) The Corporation or any Company body or person
working the tramways (who are hereinafter in this section included
in the term " the Corporation") if required by the Postmaster- ;;
General shall perform with respect to any tramway owned or
worked by them all such reasonable services in regard to the conveyance
of mails as Her Majesty's Postmaster General from time
to time requires provided as follows:-
(A) Nothing in this section shall authorise the Postmaster- ] O
General to require mails in excess of the following weights to he
carried by the Corporation in or upon any carriage that is to say :
(i.) If the carriage is conveying or intended to convey passengers
and not goods or parcels then in excess of the
maximum weight for the time being fixed for the luggage of 15
ordinary passengers and
(ii.) If the carriage is conveying or intended to convey
parcels only then in excess of such maximum weight as is for
the time being fixed for ordinary parcels or if that maximum
appears to the Postmaster-General to be so low as to exclude 20
him from availing himself of the use of any such carriage
then as is for the time being fixed by agreement or in default
of. agreement by a referee to be appointed at the request of
either party lJy the Lord Chief Justice of England and
(iii.) If the carriage is conveying or intended to convey both 25
parcels and passengers but not goods then in excess of the
maximum weight for the time being fixed for ordinary parcels
or for the luggage of ordinary passengers whichever is the
gre,ater:
(B) Mails when carried in or upon a carriage conveying pas- 30
sengers shv,ll be so carried as not to inconvenience the passengers
but so nevertheless that the custody of the mails by any officer
of the Post Office in charge thereof shall not be interfered
with.
(c) Nothing in this section shall authorise the Postmaster- 30
General to require any mails to be carried by the Corporation in
The Hudderafield Tramways and Impro'Dement .A..t 1890. 19
or upon a carriage conveying or intended to convey passengers
but not goods or parcels except in charge of an officer of the
Post Office travelling as a passenger ;
(D) If the Corporation carry goods as well as pae;sengers and
5 parcels the enactments relating to the conveyance of mails by
railway shall subject to the provisions of this section apply in
like manner as if the Corporation were a railway company and
the tramway were a railway.
{2.) The remuneration for any services which have been
10 performed by the Corporation in pursuance of this section shall be
such as may be from time to time determined by agreement
between Her Majesty's Postmaster-General and the Corporation or
in default of agreement by a referee to be appointed by the Lord
Chi~f Justice of England at the request of either party and this
11 provision shall have effect in lieu of any provisious respecting
remuneration contained in the enactments relating to the conveyance
of mails by railway which are applied by this section.
(3.) For the purposes of this section the expression " mails''
has the same meaning as in the Regulation of Railways Act 1873
12 and includes parcels within the meaning of the Post Office (Parcels)
Act 1882.
( 4.) For the purposes of this section a requisition by Her
Majesty's Postmaster-General may be signified by writing under
the hand of any person who is at the time either such Postmaster13
General or a Secretary or Assistant Secretary of the Post Office or
the Inspector-General of Mails and any document purporting to
be signed by any such person as aforesaid shall until the contrary
is prov~d be deemed without proof of the official character of such
person to have been duly signed as required by this section.
15. In addition to the requirements of Section 26 of The Furtlier provis!ou 14 as to construrt1011
Tramways Act 1870 the Corporation before they proceed to open of Tramways.
or break up any road for the purpose of constructing laying down
maintaining and renewing any of the Tramways authorised by this
Act shall lay before the Board of 'frade a plan showing the pro15
posed mode of constructing laying down maintaining and renewing
such Tramways and a statement of the materials intended to be
used therein· and the Corporation shall not commence the con-
A~ to rails of
Tramways.
Powc-T to make
st•eet improvements.

20 The Huddersfield Tramways and Improvement Act 1890.
struc'tion laying down maintenance and renewal of any of such
Tramways or part of any of such Tramways respectively except
for the purpose of necessary repairs until such plan and statement
have been approved by the Board of Trade and after such approval
the works shall be executed in accordance in all respects with such 5
plan and statement Provided always that the word "materials"
in this enactment does not include materials used for paving any
part of any street under the provisions of The Tramways Act 1870
or this Act.
16. The rails of the Tramways authorised by this Act shall 10
be such as the Board of Trade approve.
PART lll.-STREET WORKS.
17. Subject to thP, provisions of this Act the Corporation may
if they think fit in the lines and situation and upon the lands in
that behalf delineated on the deposited plans and described in the 15
deposited book of reference make and maintain the street improvements
and works and do the things following wholly within the
Borough (that is to say):-
No. 1.-The improving of thejunction of Upperhead Row
with Macaulay Street on the east and north-east sides of those 20
streets respectively commencing at Threadneedle Street and
terminating at the south-west corner of" The Plumbers' Arms;''
No. 2.-'l,he improving of the junction of Macaulay Street
and Manchester Street on the south-west and north-west sides
of those streets respectively commencing six yards north-west of 25
the south-east corner of Macaulay Street and terminating 6
yards south-west of the same point ;
No. 3.-The widening and improving of Victoria Lane on
both sides thereof commencing on the east side at the junction
of that street or road with Ramsden Street and terminating at 30
The Huddersfield T1·amways and Improvement Act 1890. 21
its junction with Victoria Street and commencing on the west
side 24 yards north-east of the north-east corner of Albert Yard
and terminating 6 yards north-east of that point ;
No. 4.-The widening of Viaduct Street on the south-east side
5 thereof commencing in Fountain Street and terminating in
Northgate;
No. 5.-The improving of John William Street and of the
junction of that street with Fountain Street on the north-east
and S()Uth-east sides of those streets respectively commencing at
10 the north side of Brook Street and terminating 34 yards east of
the south-west corner of l,ountain Street;
No. 6.-A new street or road commencing by a junction with
Saint John's Road and terminating by a junction with Viaduct
Street;
15 No. 7.-A new street or road being a continuation of Newtown
Row commencing by a junction with the proposed new street or
road No. 6 and terminating by a junction with the said
Newtown Row;
No. 8.-The improving of Longroyd Lane and :M:anchester
20 Road on the north side thereof commencing about 65 yards west
of the south-west corner of Well Street and terminating about 42
yards west of the south-west corner of Bankfield Road ;
No. 9.-The improving of West Parade on the south side
thereof commencing at a point about 35 yards west of the north25
west corner of U pperhead Row and terminating at a point about
8·66 yards south-east of the said corner;
No. 10.-The widening of Beast Market on the south-east side
thereof commencing about 6 yards north of the north-west
corner of Rosemary Lane and terminating 16 yards south-west of
30 the north-west corner of the recently-constructed Silk Street;
No. 11.-The improving of New Silk Street at the north-east
corner thereof by the pulling down of certain property at the
7 G
22 The Huddersfield Tramways and Improvement .A.et 1890.
junction of Lowerhead Row and Silk Street and being No. 117
on the deposited plans wholly within the township and parish of
Huddersfield ;
No. 12.-A new street or road commencing by a junction
with Kirkgate and terminating by a junction with King Street; 5-
No. 13.-The widening and improving of Kirkgate and
Denton Lane on the north-east. and south-east sides thereof
respectively commencing in the said Kirkgate and terminating
in Denton Lane;
No. 14.-The improving of the junction of the said Kirkgate 10
and Bradley Street North on the south-west and north-west sides
thereof respectively commencing about 6 yards south-west of the
north-west corner of the said Bradley Street North and terminating
about 6 yards north-west oft.he said corner;
No. 15.-The widening of Bradley Passage on the west side 15-
thereof commencing about 15 yards north-west of the Foresters'
Arms Kirk~ate and terminating about 27 yards south-west of the
north-east corner of Bradley Passage;
No. 16.-The widening and improving of Hillhouse Road on
both sides thereof the removal of the present bridge carrying that 20·
road over the '!anal and towing path belonging or reputed to
belong to the London and North "\Y estern Railway Company and
the erecting of a new girder bridge over the said canal and towing
path commencing on the north side of the said road at a point
about 2 yards north-we11t·of the -south-west corner of the parapet 25-
wall on the north side of the said bridge and terminating about
12 yards north-east of the north-east corner of the said Hillhouse
Road and commencing on the south side of the said road at
a point about 28 yards west of the north-west corner of the
parapet wall on the south side of the said bridge and terminating 30·
at a point about 19 yards south-west of the south-east corner
of the said Hillhouse Road ;
No. 17.-A new street or road in continuation of Dale Street
commencing by a junction with Manchester Road and terminating
by a junction with Dale Street; 3f>
The Huddersfield Tramu,ays and Improvement Act 1890. 23
No. 18.-The improving of Westgate commencing about 2
yards south of the north-east corner of the Plough _Inn and
terminating about 6 yards east of ihe said corner ;
No. 19.-A new street or road in continuati()n of William
5 Street commencing by a junction with Union Street and
terminating by a junction with Back Union Street;
No. 20.-A new street or road in continuation of Great
1' orthern Street commencing by a junction with Union Street
and terminating by a junction with Back Union Street;
10 No. 21.-A new street or road commencing by a junction with
Manchester Street and terminating by a junction with Upperhead
Row;
No. 22.-The improving of Thomas Street at its east end and
on both sides thAreof commencing on the north side of the said
15 street about 14 yards north-west of its north-east corner and
terminating about six yards north of the said corner and commencing
on the south side of the said street about 33 yards west
of its south-east corner and terminating about 5 yards south-west
of the last-named corner ;
20 No. 23.-The widening of Bradley Lane on both sides thereof
commencing on the west side of the said lane 42 yards north of
the lamp-post at the junction of New North Road and Fitzwilliam
Street and terminating at the south side of the Back
Street at the rear of Belgrave Terrace and commencing on the
25 east side of the said lane at its junction with Fitzwilliam Street
and terminating 25 yards north-west of the north side of Bath
Street;
No. 24.-A new street or road in continuation of York Place
commencing by a junction with Portland Street and terminating
30 by a junction with the said York Place ;
No. 25.-A new street or road in continuation of Lord Street
commencing by a junction with Brook Str~et and terIP..inatingby
a junction with Fitzwilliam Street :
24 The Huddersfield Tramways and Improvement Act 1890.
No. 26.-The widening of Greenhead Road on both sides
thereof commencing on the north side of the said road about
63 yards west of the junction of that road with Trinity Street
and terminating at the said junction and commencing on the
south !:<ide of the said road at a point opposite the south end of 5
Park A venue and terminating at the principal entrance to the
Huddersfield Parish Church Vicarage;
No. 28.-A new street or road and a new bridge to carry the
same over the River Colne in continuation of Queen Street
South commencing in the township and parish of Huddersfield 10
by a junction with Colnc Road and terminating in the township
and parish of Almondbury by a junction with Whitehead Lane.
No. 29.-The removal of the present bridge carrying Turn bridge
Road over the canal belonging to the London and North Western
Railway Company the erecting of a new girder bridge over the 15
said canal and the towing path connected therewith and the
widening and improving of 'l'urnbridge Road on its south side
wholly in the said township and parish of Huddersfield commencing
in Quay Street about 56 yards west of the centre of
the said present bridge and terminating at the junction of Turn- 20
bridge Road with St. Andrew's Road;
No. 29a.-A new street or road commencing by a junction
with Aster Street at the west end thereof and terminating by a
junction with 'l'urnbridge Road;
No. 30.-The improving of Somerset Road by the removing of 2o
so much of the Graybottom Dye '\Vorks as projects into the said
road wholly in the township and parish of Almond bury;
No. 31.-The widening and improvir.g of Riley Street on both
sides thereof commencing on the west side of the said street
at a point about 29 yards north of its junction with Malvern 30
Road and terminating at its junction with Damside Road and
commencing on the east side at a point about 62 yards north of
the junction with Malvern Road and terminating at the junction
of the said Riley Street with Damside Road ;
Phe Rudders.field Tramways and Improvement Act 1890. 25
No. 32.-The widening of King's Mill Road on the east side
thereof near its junction with Wakefield road commencing about
36 yards south of the said junction and terminating about 12·5
yards east of the north-east corner of King's Mill Road;
5 No. 33.-A new street or road in continuation of Albert
Street commencing by a junction with Bridge Street and
terminating by a junction with Water Street ;
No. 34.-The widening of Lockwood Bridge on both sides
thereof and the improving of the approaches thereto :
10 No. 35.-The improving of Woodhead Road on both sides
thereof commencing on the north-west side of the said road
at the north-east corner of the White Lion Inn Salford and
terminating about 75 yards south-west of tb.e south-west corner
of the said White Lion Inn and commencing on the east side of
15 the said Woodhead Road at the entrance to Lathe fie.Ids footpath
and terminating at Lockwood Scar Road about 11 yards east
of the junction of that road with the said Woodhead Road ;
No. 36.-The widening of N orthgate Almondbury on both
sides thereof commencing on the south-west side about 57 yards
20 north-west of the north-west corner of the Rose and Crown
Hotel and terminating at the junction of N orthgate with Westgate
and commencing on the north-east side of N orthgate about
59 yards south-east of the south-west corner of Back Lane and
terminating at about 130 yards south-east of that point;
25 No. 37. -The widening of Westgate Almondbury on the
north-west side thereof commencing about 82 yards north-east
of the entrance to the Almondbury Cemetery and terminating
3.t the junction of Westgate with N orthgate;
No. 38.-'rhe widening of School Lane Berry Brow on the
30 west side thereof commencing at t.he junction of that lane with
Station Road and terminating about 143 yards south-east of that
point;
No. 39.-The improving of Towngate Berry Brow on both
sides thereof commencing on the north side about 60 yards west
7 H
26 The Huddersfield Tramways and improvement A.et 1890.
of the west side of the bridge carrying the Penistone Branch of
the Lancashire and Yorkshire Railway over Lady House Lane
and terminating about 38 yards east of that point and commencing
on the south side of Towngate at its junction with
Wain.gate and terminating about 20 yards west of the west side 5 ·
of the said bridge.
Provirled that the Corporation shall not enter upon take or use any
of the privies on the south side of Town Gate Berry Brow numbered
respectively 536 and 537 on the deposited plans unless and until
the Corporation have either acquired all interests in the properties 10
on the north side of Town Gate Berry Brow in connection with
which the said privies are held or shall have provided proper privy
accommodation for such properties in as convenient a position as
the privies so taken.
No. 40.-The improving of Wain gate Berr~• Brow on the 15
north-west side thereof commencing at the junction of Waingate
with Woodhead Road and terminating about 129 yards northeast
of its commencement ;
No. 41.-The widening and improving of Townend Newsome
on both sides thereof commencing on the north-west side of 20
Town.end about 67 yards south-west of the south-west corner
of the Wellington Inn and terminating at the junction of
Townend with Lockwood Scar Road and commencing on the
south-east side about 38 yards south-west of the said corner of
the Wellington Inn and terminating about 19 yards north-east 25
of the north-east corner of the Fountain Inn;
No. 42. -A new street or road commencing by a junction
with Bradford Road North about 76 yards south of the lamppost
at the junction of Lister's Road with the said Bradford
Uoad North and terminating by a junction with Ash Brow Road 30
about 93 yards south of the south-west corner of Ash Brow
Mills;
No. ,t3.--The widening of Ash Brow Road on both sides
thereof commencing on the north side about 20 yards south of
the aforesaid corner of Ash Brow Mills and terminating at the 85
junction of the said Ash Brow Road with Sheepridge Road and
The Huddersfield Tramways and Improvement A.et 1890. 27
on the 'louth side commencing about 23 yards south-west of the
said corner of Ash Brow Mills and terminating about 24 yards
south-east of the south-west corner of Belle Vue Hotel;
No, 44.-A new 8treet or road in continuation of the aforesaid
5 Ash Brow Road commencing by a junction with Woodhouse
Hill and terminating by a junction with Cherry Nook Road;
No. 45.-The widening of Cherry Nook Road Deighton on
both sides thereof commencing on the north-west side about
17 yards north-west of the public footpath leading from Cherry
10 Nook Road to Woodhouse Hill and terminating about 21 yards
south of the lamp-post at the junction of Cherry Nook Road
and Victoria Street and commencing on the south-east side
at the said entrance to the above-mentioned public footpath
and terminating about 19 yards east of the said lamp15
post;
No. 46.-'fhe widening of Deighton Road on both sides
thereof commencing on the north side about 43 yards north-east
of the south-east corner of the Deighton Chapel Burial Ground
and terminating about 100 yards west of the north-west corner
20 of the Old Weigh House in Leeds Road North and commencing
on the south side about 2 feet south of the north-west corner
of Deighton School and terminating about 26 yards north-west
of the said corner of the Old Weigh House ;
No. 47. -The improving of the junction of Halifax Old Road
25 and Hillhouse Road commencing on the north-east side of the
said Halifax Old Road about 18 yards south-east of the lamppost
at the junction of the said roads and terminating about
36 yards sC1uth-east of the south-east corner of Saint John's
Schools;
80 No. 48.-'fhe improving of Back Willow Lane on the south
side thereof commencing about 7 yards west of the junction of
the said street with the said Halifax Old Road and terminating
at the said junction ;
No. 49.-The improving of the junction of Halifax Old Road
28 The Huddersfield Tramlf)ays and Improvement A.et 1890.
and Bradford Road commencing on the north-side of Halifax
Old Road about 46 yards north-west of the lamp-post at the
junction of that road with Bradford Road and terminating on
the west side of the said Bradford Road about 27 yards northeast
of the said lamp-post;
No. 50.-A new street or road commencing by a ,junction with
Whcathouse Road and terminating by a junction with the lastnamed
road at a point ::i.bout 20 yards north-east of its point of
commencement ;
5
No. 51.-The widening of Birkby Hall Road on both sides 10
thereof commencing on the north side of the said road opposite
the front entrance gateway to North Bank and terminating
about 207 yards east. of its commencement and commencing on
the south side of the said road about 6 yards south of the northeast
corner of Birkby Old Brewery and terminating about 83 15
yards east of its commencement;
No. 52.-A new street or road commencing by a junction with
Birkby Hall Road about !JO yards north-east of the north-west
corner of Birkby Crescent and terminating by a junction with
Halifax Old Road opposite the west end of Spaines Road. 20
Provided that whenever the Corporation shall acquire the land
necessary for making the said new street they shall also at the same
time acquire a triangular piece of land containing one acre or thereabouts
lying south of the proposed road shown on the deposited
plans and hounded on the west by a stream on the north by a 25
portion of the said intended road on the east partly by Corporation
lands partly by certain houses and premises held by lessees of the
Ramsden Estate and partly by a plantation on the bank of Jack
Brigg Avenue which said triangular piece of land when so acquired
by the Corporation shall forthwith be laid out and for ever 30
maintained by them as a plantation or open space.
No. 53.-rrhe improving of Park Road West on the south-west
side thereof commencing at the junction of that road with
Pinfold Lane and terminating about 110 yards south-east of the
said junction ; 35
The Huddersfield Tramwags and Improvement .Act 1890. 29
No. 54.-The widening of Saint Thomas's Road at its east
end and on both sides thereof commencing on the north side of
the said road at its junction ·with Lockwood Road and terminating
about 114 yards west of its commencement and com5
mencing on the south side about 9 yards west of the south-east
corner of the said Saint Thomas's Road and terminating at the
junction of that road with Hope Street Deadwaters ;
No. 55.-The widening of Saint Thomas's Road at its west
end and on both sides thereof commencing on the north side
10 thereof about 85 yards east of the junction of that road with
Thornton Road and terminating at the said junction and commencing
on the south side thereof at the north-east corner of
Spring Dale and terminating in the said Thornton Road about
63 yards west of its commencement;
15 No. 56.-The improving of Lockwood Road on the north-west
side thereof by the removal of a projecting building midway or
thereabouts between Saint Stephen's Road and Garden Street;
No. 57.-A new street or road commencing by a junction
with Moor End Road about 35 yards south-west of the south20
west corner of Nab Croft Lane and terminating by a junction
with Thornton Road about 47 yards west of the bridge carrying
the Penistone branch of the Lancashire and Yorkshire Railway
over that road ;
No. 58.-The widening of Rashcliffe Hill Road on both sides
25 thereof commencing on the north side of the said road about 190
yards east of the western end of the said Rashcliffe Hill Road
and terminating about 313 yards from the eastern. end of the said
road and commencing on the south side about 28 yards east of
the north-east corner of the public footpath known as Fifty
30 Steps and terminating about 17 yards east of that point;
No. 59.-The widening and improving of Holly Bank Road
on both sides thereof commencing on the north side of the said
road at the junction of that road with Lidgit Street and terminating
at its junction with Halifax Road and the improving
35 of the junction of the said Holly Bank Road with Lidgit Street
7 I
30 The Huddersfield Tramways and Improvement.Act 1890.
commencing at a point in Lidgit Sreet on the east side thereof in
line with the northern gable of the Fleece Inn and terminating
about 14 yards east of the south-west corner of Holly Bank
Road;
No. 60.-The improving of Kew Hey Road on the north side
thereof commencing about 69 yards north-west of the entrance 5
gateway to Marsh House and terminating about 92 yards sout_heast
of the said entrance gateway ;
No. 61.-The improving of W estbourne Road on both sides
thereof commencing on the north side of the said road about 9
yards east of the boundary dividing the said township from the 10
township of Lindlcy.cum-Quarmby, and terminating about 34
yards east of the south-east corner of Croft House Lane and
commencing on the south side 2·5 yards south of the north-east
corner of Bloomfield Road and terminating at the entrance
gateway to the Marsh Memorial School ; 15
No. 6~. -The widening of Plover Road on the east side thereof
commencing in New Hey Road about 16 yards south-east of the
south-east corner of the said Plover Road and terminating in
Wellington Street abc,ut 8 yards east of the south-east corner of
that street ; 20
No. 63. -The widening of Baker Street on the north side
thereof commencing in Gibson Street about 10 yards north of the
north-west corner of Baker Street and terminating in Acre
Stre-et about 22 yards north-west of the north-east corner of
Baker Street ;
No. 64.-The improving of Cowrakes Road Lindley on the
north side thereof commencing in that road about 41 yards west
of the entrance gateway to Gatesgarth and terminating in
W eatherhill Road at the north-east corner of the Old Pinfold ;
No. 65.-The widening and improving of West Street Lindley
on both sides the.reof commencing on the north side of the said
street in Fernlee Road about 5 yards north of its junction with
West Street and terminating in West Street about 4 yards east
25
30
The Huddersfield Tramways and Improvement Act 1890. 31
of the east side of the Old School and commencing on the south
side about 41 yards west of the public watering trough opposite
the said school and terminating about 29 yards west of the junction
of the said West Street with Thornhill Street ;
5 No. 66.-The widening and improving of East Street Lindley
on both sides thereof commencing on the north sid~ of the said
· street at the junction of the_ said East Street with Birchencliffe
Road and terminating in Halifax Road about 15 yards southwest
of the entrance gateway to Royd's Steam Brewery and
10 commencing on the south side about 36 yards south-west of the
north-west corner of George Street and terminating about 43
yards west of the south-east corner of the said East Street ;
No. 67 .-- The widening of Acre Street Lindley on the northeast
side thereof commencing about 12 yards north-west of the
15 junction of the said Acre Street with Daisy Lea Road and
terminating about 10 yards north-west of the entrance gateway
to Green Lea ;
No. 68.-The widening of Victoria Street Lindley on the
south-east side thereof commencing about 98 yards south-west of
20 the junction of that street with Acre Street and terminating at
its junction with Occupation Road;
No. 69.-The widening and improving of Quarmby Road on
both sides thereof commencing on the south-west side thereof
about 64 yards south-east of. the north-east corner of Schofield's
25 Buildings at the junction of the said Quarmhy Road with a
private road and terminating about 38 yards south of the southeast
corner of Quarmby School and commencing on the northeast
side about 75 yards east of the north-east corner of Harp
road and terminating in Oakes Road about 47 yards south-west
30 of the north-west corner of Burfits Road;
No. 70.-The widening of Oakes Road Lindley on both sides
thereof commencing on the north-west side of the said road at
its junction with Haughs Road and terminating about 57 y:1.rds
south of the junction of the said Oakes Road with New Hey
35 Road and commencing on the south-east side at the junction of
For tlw protection
of the London
aml North
·western Railway
Company.
32 The Httddersfield T1·amways and Improvement Act 1890.
Burfits Road with the said Oakes Road and terminating about
237 yards north-east of its point of commencement ;
No. 71.-The widening of Sparks Road Lindley on both sides
thereof commencing on both sides by a junction of the said road
with Oakes Road and proceeding thence in a north-easterly 5
direction to the junction of the said Sparks Road with New Hey
Road;
No. 72.-The widening of School Lane Paddock on the west
side therefore commencing at its junction with Market Street
and terminating at its junction with New Street. A new street 10
in continuation of School Lane as so widened commencing at its
junction with New Street and terminating by a junction with
l\Iark Street;
No. 73.-The widening of Allen Row Paddock on the northeast
side thereof commencing at its junction with East Street 15
and terminating about three yards west of Allen Row by a
junction with l\fark Street;
And in addition to and in connection with the foregoing
improvements the Corporation may make and maintain all necessary
approaches retaining walls piers abutments embankments 20
arches goits culverts conveniences and works.
18. ·whenever any of the Tramways or works by this Act
authorised shall cross over or under any Railway sidings canal
towing-path or works respectively of or belonging to the London
and North Western Railway Company (hereinafter called " the 25
:North Western Company ") the following provisions shall unless
otherwise agreed between that Company and the Corporation apply
and have effect:-
1. The Tramways shall be laid down and constructed under
the superintendence and to the reasonable satisfaction of the 30
principal engineer of the Korth Western Company and in all
cases at the expense of the Corporation and by such means only
as shall not interfere with the free uninterrupted and safe user
of the Railway or canal or the working conduct or passage of
the traffic thereon ; 35
The Huddersfield Tramways and Imp1·ovement Act 1890. 33
2. Whenever any of the Tramways shall be constructed over
any bridge acros!- any such Railway siding canal towing-path or
work the Corporation shall not in any way alter or interfere
with the structure of such bridge or the approaches thereto or
5 with the walls buttresses retaining-walls or supports of such
bridge and they shall so construct and maintain such Tramways
as not to injuriously affect such bridge walls buttresses retainingwalls
or supports of such bridge or the approaches thereto and
in the event of any injury being occasioned to such bridge walls
10 buttresses retaining-walls supports or approaches or any part or
parts thereof respectively by the construction of the said Tramways
in or over the same (whether such injury occur either
during or after such construction or in working or maintaining
the said Tramways) the said Railway Company may at the
15 expense of the Corporation restore such bridge walls buttresses
retaining walls supports and approaches or any part or parts
thereof which may be injured to as good a state and condition
as they were in before such injury was occasioned and the
Corporation shall recoup to and indemnify the said Railway
20 Company against all costs and expenses which they may reasonably
pay or be put to in such restoration as aforesaid and also
in maintaining and repairing so much of the road over any such
bridge or approaches as the Corporation are liable to maintain
and repair under the twenty-eighth section of the Tramways
25 Act 1870 and the said Railway Company may recover from the
Corporation al~ such costs and expenses as are in this sub-section
mentioned together with the costs of recovering the same as
if the same bad been a simple contract debt ;
3. The Corporation in relation to the execution of their
30 Tramway works shall be responsible for and make good to the
Railway Company all costs losses damages and expenses from
time to time occasioned to the said Company or to any of their
works and property or to the traffic on the said Rail ways or canal
or to any Company or person using the same respectively or
35 otherwise by reason of the execution or failure of any of such
works or incidental thereto or by any act or omission of the
Corporation or any of the persons in their employment or their
contractors or others and the Corporation shall effectually
7 K
34 The Huddersfield Tramways and Improvement Act 1890.
indemnify and hold harmless the said Railway Company from
all claims and demands upon or against them by reason of any
such execution or failure or of any such act or omission as
aforesaid;
4. In case the principal engineer of the North Western 5
Company and the borough surve~·or shall at any time or
times hereafter be of opinion that it is necessary that
any one or more of the bridges over which any of the
Tramways may be carried across any of their Railways or the
said canal shall by reason of the construction of or the 10
working and user of the Tramways thereover and whether by
steam or other mechanical power require to be strengthened
or altered and as to the bridges over the said canal and
towing path strengtheneu altered or rebuilt for more safely
bearing the additional weight which will thereby be imposed 15
thereon the North "\Vestern Company at the reasonable expense
in all things of and to be recoverable from the Corporation as
aforesaid may strengthen alter or rebuild such bridge or bridges
accordingly the Corporation repaying to the North Western
Company any additional cost which that Company may be put 20
to iP- maintaining the said bridges as so altered or rebuilt under
the provisions of this subsection and if it shall be necessary for
effecting such strengthening altering or rebuilding that the
working and use of the Tramways over any such respective
bridges shall be wholly or in part stopped or delayed and the 25
North Western Company shall give to the Corporation five clear
days' notice in writing requiring such stoppage or delay the
working and user of the said respective Tramways shall be
stopped or delayed accordingly but only for so long as shall be
absolutely necessary and that Company shall not be liable for 30
any compensation claims demands damages costs or expenses for
or in respect of such stoppages or delay ;
5. No additional crossing passing-place siding junction turnout
or other work shall be made for or in connection with so
much of Tramway No. 8 as will extend over the distance in front 35
of the entrance to the Deighton passenger station of the North
Western Company or of the entrance to that Company's goodsyard
and sidings at Deighton and as will extend for a length of
The Huddersfield Tramways and Improvement Act 1890. 35
10 yards at each end of' such respective distances and no tramcar
or other carriage or vehicle used on the said Tramway No. 8
shall without the consent of' the North Western Company under
their common seal be stopped or permitted to be stopped within
5 such respective distances or lengths except for and only for so
long as may be absolutely necessary for the purposes of setting
down and taking up passengers ;
6. In constructing the said new streets and improvements
N os. 6 and 17 the Corporation shall not take use or interfere
10 with any lands or property of the North Western Company
without the previous C'onsent in writing of that Company under
their common seal ;
7. The bridge and other works for carrying the proposed
improvements N os. 16 29 and 29A. over and alongside the canal
15 of the North Western Company and its towing-path shall be
constructed and executed and thereafter maintained in all things
at the cost of the Corporation and only according to plans
sections and specifications as shall be previously reasonably
approved in writing by the principal engineer of that Company
20 and under his s_uperintendence and so that the conduct or passage
of traffic on the canal shalJ not be unnecessarily impeded and in
case any such impediment shall occur the Corporation shall make
full compensation in respect thereof to that Company or the
party or parties entitled thereto to be recoverable as aforesaid
25 together with the costs of recovering the same.
8. The span of the bridges carrying the said improvements
N os. 16 and 29 over the said canal shall be of such width on the
square as to leave at the points of crossing the full width of the
waterway of the canal and of its towing-path undiminished and
30 each of such bridges shall have a clear headway in every part of
not less than 10 feet above the top water level of the canal and
in case the Corporation shall not at all times duly maintain the
said bridges and other works for such cr9ssings over the said
canal and towing-path that Company may effect such main35
tenance and recover as aforesaid from the Corporation the
amount of their reasonable expenditure in that behalf together
with the costs of recovering the same.
36 The Huddersfield Tramways and Improvement Act 1890.
9. The Corporation shall bear and on demand pay to the
North Western Company the expense of the employment by
that Company during the execution of any works affecting their
Railways and Canal of a sufficient number of inspectors and watchmen
to be appointed by that Company for watching their said o
Railways and Canal and the works connecting therewith respectively
with reference to and during the execution of suc!1 intended
works and for preventing so far as may be all interference obstruction
danger and accidents from any of the operations or from the
acts or defaults of the Corporation or their contractors or any 10
person in the employ of the Corporation or of their contractors
with reference thereto or otherwise.
10. If by reason of the execution of any of the works or any
proceedings of the Corporation or the failure of any such works
or any act or omission of the Corporation or of their contractors 15
or of any person in the employ of the Corporation or of their
contractors or otherwise the said Railway and Canal of the North
Western Company or any of the works connected therewith shall
be injured or damaged such injury_ or damage shall be forthwith
made good by the Corporation at their own expense or in the 2()
event of their failing to do so then the North Western Company
may make good the same and recover the expense thereof with
full costs against the Corporation in any Court of competent
jurisdiction and if any interruption shall be occasioned to the
traffic on the said Railway and Canal by reason of any of the 25
matters or causes aforesaid the Corporation shall pay to that
Company all costs and expenses to which that Company may be
put as well as full compensation for the loss and inconvenience
sustained by them by reason of any such interruption such costs
and expenses and compensation to be recoverable with full costs 30
by the North Western Company in any Court of competent
jurisdiction.
11. The Corporation and the North Western Company may
agree for any variation or alteration in works in this section
provided for or the manner in which the same shall be 35
executed;
12. Nothing m this Act contained shall prejudice take away
diminish or interfere with any of the property rights interests
The Hud~rsfield Tramways and Improvement A.at 1890. 37
powers and privileges of the North Western Company otherwise
than is hereby expressly provided ;
13. If any difference shall arise under any of foregoing
provisions of this section between the Corporation on the one
5 hand and the North W cstcrn Company on the other hand
or their respective engineers such difference shall unless
hereinbefore otherwise provided be referred to and determined
by an engineer to be mutua.lly nominated by the said
engineer_s or failing agreement to be appointed by the president
10 for the time being of the Institution of Civil Engineers on the
application of either of the parties in difference and the provisions
of the Railways Clauses Consolidation Act 1845 with respect to
the settlement of disputes by arbitration shalJ so far as they are
applicable apply to any such arbitration.
15 19. The Corporation shall construct on either side of any New streets to be
new street by this Art authorised so far as such new street will be fenced.
situate upon or bounded by any lands for the time being belonging
to Sir John Ramsden a good and sufficient fence for protecting
such lands from trespass and preventing cattle from straying
20 thereout on to the said street either during the construction or
after the completion thereof and shall thereafter maintain such
fences in good and substantial repair until the land abutting on
the said street shall have heen leased by Sir John Ramsden for
building purposes.
25 20. N otwithst.anding anything in this Act the new streets and Certain new . • streets and
1mpr0Yements numbers 42 43 44 and 45 and the Tramways Tramways to be
numbers 7 7a and 7b by this Act authorised if constructed by the c?nstructed . . simultaneously. Corporation shall be constructed completed and opened for public
traffic simultaneously Provided that if Sir John Ramsden
80 at any time within the period of six years from the passing of this
Act shall at bis own cost construct or partially construct the said
streets and improvements fit for the laying of the Tramways
therein the Corporation shall if they lay the Tramways therein
repay to Sir John Ramsden the said cost so incurred by him
35 including in such cost the expense of any fencing erected by Sir
John Ramsden on either side of the said new streets and improvements.

7 L
Extension of
certain powers of
former Acts to
street improvements.

38 The Huddersfield Tramways and Impro1Jement .Act 1890.
21. The following sections of the former Acts ( that is to
say):-
Of the Improvement Act of 1871-
Section 17 (Alteration of level of pavements &c.) ;
Section 18 (Streets may be stopped for temporary pur- 5
poses);
Section 85 (Power to make minor works connected with new
streets &c.) ;
Section 86 (Alterations of sewers gas and water pipes);
Section 88 (Agreements with Sir John Ramsdt-n for streets); 10
Section 96 (Power to deviate from levels &c.) ; and
Section 97 (Time for completion of works).
And of the Act of 1876-
Section 26 (Elevation of buildings fronting streets to be as
Corporation approve) ; 15
shall ( except as hereinafter provided) extend and apply mutatis
mutandis to and in relation to the street improvements and works
(other than Tramways) by this Act authorised.
:Provided that the Corporation shall not raise sink or otherwise
alter the position of any pipe tube wire or other apparatus laid 20
down for telegraphic or other purposes and belonging to or used by
HPr Majesty's Postmaster-General except in accordance with and
subject to the provisions of the Telegraph Act 1878.
Provided further that Section 97 of the said Act of 1871 shall
uot extend or apply to the street improvements numbered 25
respectively 42 43 44 45 46 and 52 but if such improvements are
not completed within six years from the date of tbe passing of this
J\_,_-t then on the expiration of that period the powers granted to
the Corporation for the making of the same shall cease except as
to so much of the respective improvements as is then completed. 30
The Huddersfield Tramways and Improvement Act 1890. 39
p ART IV.-LANDS.
22. Subject to the provisions of this Act the Corporation
may enter upon take and use for the purposes of the
works by this Act authorh,ed all or any part of the lands
5 delineated on the deposited plans and described in the deposited
book of reference in connection therewith respectively and also
for the following purposes the following additional lands delineated
and described as aforesaid wholly in the said township and parish
of Huddersfield (that is to say) :
10 For Street ImprovementsCertain
lands on the north-east side of the Halifax Old
Road;
For Market PurposesCertain
properties and the sites thereof ( other than those
15 belonging to the Corporation) bounded on the north by King
Street on the south by Victoria Street on the west by
Shambles Lane and on the east by Queen Street;
and the Corporation may roof over Shambles Lane for the whole
length thereof.
20 Provided that the Corporation shall not for the purposes of
Improvement No. 11 by this Act authorised enter upon take or
use any of the properties numbered 118 to 134 (both inclusive) on
Sheet 46 of the deposited plans.
Power to Corporation
to take certain
of the lands
referenced.
23. The powers of the Corporation for the compulsory pur- Limitation of time
25 chase of lands for the purposes of this Act shall cease after the for cohmpulsory . . pure ase of lands.
expiration of three years from the passmg of this Act.
24. If it shall be necessary for the purposes of any of the As to removal of
improvements by this Act authorised to remove any human human remains.
remains from any burial ground acquired under the powers or for
30 the purposes of this Act the Corporation shall take all such precautions
for the public health and decency and for the security of
the men employed in such removal as Her Majesty's Secretary of
State for the Home Department may direct and any remains so
removed shall be removed and re-interred under the superintendence
35 of the Medical O~ctr of Health in some burial ground which may
now be lawfully used for interment And the Corporation shall
Power to acquire
additional lands
by agreement.
Consideration for
such acquisition.
Restriction on
displacing persons
of labouring class.
40 The Huddersfield Tramways and Improvement Act 1890.
cause any monuments tablets and tombstones in any burial ground
so acquired to be removed to and fixed or re-erected in such lastmentioned
burial ground Provided that the heirs executors
administrators relations or friends of any person whose remains
are interred or deposited in or under the burial ground so acquired 5
may if they so prefer at the cost of the Corporation ( not exceeding
in any case ten pounds) and under such superintendence as aforesaid
remove the remains of such person to any burial ground which
may be now lawfully used for interment and remove the monument
tablet or tombstone erected to the memory of such person to any 10
place t.hey may think fit.
Provided also that in the case of human remains removed by
the Corporation from any consecrated burial ground the re-interment
by this section directed shall be in some other consecrated
burial ground. 15
25. The Corporation may (in addition to the lands they are
authorised to acquire and hold under the powers of the former
Acts and under the other powers of this Act) from time to time by
agreement acquire in fee either by purchase or by way of exchange
or otherwise any land not exceeding in the whole for the purposes 20
of this Act five acres or any easement power or privilege therein
thereunder thereover or thereupon (not being an easement or
privile;c of water) which shall be deemed necessary by the
Corporation but the Corporation shall not deal with any such lands
so as to create or permit a nuisance. 25
26. The consideration for any such acquisition may be either
money or land or a mixed consideration of money and land and on
any exchange the Corporation may give or take any money for
equality of exchange.
27. (1) The Cr,rporation shall not unrler the powers of this 30
Act purchase or acquire ten or more houses which after the passing
of this Act have been or on the fifteenth day of December last
were occupied either wholly or partially by persons belonging to
the labouring class as tenants or lodgers unless and until :
(a) They shall have obtained the approval of the Local 35
Government Board to a scheme for providing new dwellings for
such number of persons as were residing in such houses on the
fifteenth day of December last or for such number of persons as
the Local Government Board shall after inquiry deem necessary
The. Huddersfield Tramways and Improvement Act 1890. 41
harfog regard to the number of persons on or after that date
residing in such houses and working within one mile therefrom
and to the amount of vacant suitable accommodation in the
immediate neighbourhood of such houses or to the place of
5 employment of such persons and to all the circumstances of the
case; and
(b) They shall have given security to the satisfaction of the
Local Government Board for the carrying out of the scheme.
(2) The approval of the Local Government Board to any
10 scheme under this section may be given either absolutely or conditionally
and after the Local Government Board have approved of
any such scheme they may from time _to time approve either absolutely
or conditionally of any modifications in the scheme.
(3) Every scheme under this section shall contain provisions
15 prescribing the time within which it shall be carried out and shall
require the new dwellings proposed to be provided under the
scheme to be completed fit for occupation before the persons
residing in the houses in respect of which the scheme is made are
displaced.
20 Provided that the Local Government Board may dispense with
the last-mentioned requirement subject to such conditions if any
as they may see fit .
• ( 4) Any provisions of any scheme under this section or
any conditions subject to which the Local Government Board
25 may have approved of any scheme under this section or of any
modifications of any scheme or subject to which they may have
dispensed with the above-mentioned requirement shall be enforceable
by a writ of mandamus to be obtained by the Local Government
Board out of the High Court.
30 (5) If the Corporation acquire or appropriate any house or
houses for the purposes of this Act in contravention of the foregoing
provisions or displace or cause to be displaced the persons residing
in any house or houses in contravention of the requirements of tlH:.
scheme they shall be liable to a penalty of five hundred pounds in
7 'M
42 The Huddersfield Tramways and Irnprovernent Act 1~90.
respect of every such house which penalty shall be recoverable by
the Local Government Board by action in the High Court
and shall be carried to and form part of the Consolidated Fund of
the United Kingdom.
Provided that the Court may if it think fit reduce such 5
penalty.
(6) For the purpose of carrying out any scheme under this
section the Corporation may appropriate any lands for the time
being belonging to them or which they have power to acquire.
Provided that nothing in this section shall relieve the Corporation 10
from the necessity of obtaining the approval of the Local Government
Board for such appropriation or use of their corporate land as
would require such approval under The Municipal Corporations
Act 1882 (as amended by Section 72 of the Local Government Act
1888) or any other general Act. 15
(7) Subject to the provisions of this section the Corporation
and the Local Government Board and their ins11ectors shall have
and may exercise for any purpose in connection with any scheme
under this section all or any of the powers vested in them under
The Public Health Act 187 5 in the same manner in all respects as 20
if the preparation and carrying into effect of such scheme were
one of the purposes of that Act.
Provided that all lands on which any buildings have been
erected or provided by the Corporation in pursuance of any
scheme under this section shall for a period of twenty-five years 25
from the passing of this Act be appropriated for the purpose of
dwellings and every conveyance demise or lease of such lands and
buildings shall be endorsed with notice of this enactment.
Provided also that the Local Government Board may at any
time dispense with all or any of the requirements of this sub- 30
section subject to such conditions if any as they may see fit.
8) The Corporation shall pay to the Local Government Board
a sum to be fixed by that Board in respect of the preparation and
issue of any Provisional Order in pursuance of this section and
any expenses incurred by that Board in relation to any inquiries 30
under this section including the expenses of any witnesses summoned
by the inspector holding the inquiry and a sum to be fixed
The Huddersfield Tramways and Impror;ement A.et 1890. 43
by that Board not exceeding three guineas a day for the services of
such inspector.
(9) For the purposes of this section the expression "labouring
class " means and includes mechanics artisans labourers and others
5 working for wages hawkers costermongers persons not working for
wages but working at some trade or handicraft without employing
others except members of their own family and persons
other than domestic servants whose income does not exceed an
average of thirty shillin~s a week and the families of any of such
10 persons who may be residing- with them.
28. And whereas in the construction of the works hereby Owners may be
authorised or otherwise in exercise of the powers of this Act it ;:~~r:1;o0 ;ell
may happen that portions only of the lands houses or other ce1_ta?1 lands and
buildings or manufactories shown on the deposited plans may be buildmgs.
15 sufficient for the purposes of the same and that such portions may
be severed from the remainder of the said properties without
material detriment thereto Therefore notwithstanding Section 92
of The Lands Clauses Consolidation Act 1845 the owners of
and other persons interested in the lands houses or other
20 buildings or manufactories described or referred to in the
Schedule to this Act and whereof parts only are required for the
purposes of this A.et may if such portion~ can in the opinion of the
Jury Arbitrators or other authority to whom the question of
disputed compensation shall be submitted be severed from the
25 remainder of such properties without material detriment thereto
be required to sell and convey to the Uorporation the portions only
of the premises so required without the Corporation being obliged
or compellable to purchase the whole or any greater portion
thereof the Corporation paying for the portions required by them
30 and making compensation for any damage sustained by the owners
thereof and other parties interested therein by severance or otherwise
If for twenty-one days after the service of notice to sell and
convey any portion or portions of the said property any owner or
other person shall fail to notify to the Corporation that he alleges
35 such portion or portions cannot be severed from the remainder
of the property without causing the material detriment mentioned
then the Corporation may proceed to take such portion or portfor .. s
Provisions as to
sale and lease of
lands.
44 The Huddersfield Tramways and Inip1·ovement LI.at 1890.
only but if within such twenty-one days he shall by notice to the
Corporation allege that such portion or portions cannot be severed
from the remainder without causing such material detriment as
aforesaid then the tribunal to whom the question of disputed
compensation shall be submitted shall determine the matter of the 5
said allegation in addition to the other questions required to be
determined by them.
Provided always that if in the opinion of such tribunal any
such portions cannot be severed from the remainder of such
property without material detriment thereto the Corporation may 10
withdraw their notice to treat for the portion of the property
required by them and thereupon they shall pay to the owners of
and other persons interested in the property in respect of which
they have given notice to treat all costs charges and expenses
reasonably and prop~rly incurred by them in consequence of such 15
notice.
Provided also that if in the opinion of such tribunal any such
portions can notwithstanding the allegation of such ownm· or other
person be severed from the remainder without such material
detriment then such tribunal may in its absolute discretion deter- 20
mine and order that the costs charges and expenses incurred by
such owner or person incident to the arbitration or inquiry shall
be borne and paid by such owner or person.
r_}'he provisions of this section shall be stated in every notice
given by the Corporation to sell and convey a part only of any 25
property.
29. The prov1s1ons of the following sections of the Act of
1880 (that is to say) :
Section 95 (Power to stop up footways);
Section 99 (Power to take easements &c., by agreement); 30
Section 102 (Corporation may use their own lands for purposes
of Act) ;
And the provisions of the following sections of the Act of
1871 (that is to say) :
The Huddersfield Tramways and Improvem.ent A.et 1890. 45
Section 321 (Correction of errors omissions, &c.) as amended
by Section 104 of the Act of 1880;
Section 326 (Power ~o grant building leases of lands near
Park &c.);
5 Section 327 (Power to make agreements as to building
leases &c.) ;
Section 328 (Sale of lands subject to building leases &c.) ;
Section 329 (Power to sell without previous grant of building
lease);
10 Section 330 (Sales to be made within limited time);
. Section 331 (Power to sell &c. lands not wanted) as explained
by Section 103 of the Act of ,1850 ;
Section S32 (Application of purchase-money of land); and
Section 333 (Lands in certain cases not to be sold without
15 consent of Treasury)
shall ( so far as they are not inconsistent with the provisions of
this Act) extend and apply mutatis mutandis to the acquisition
lease and sale of lands acquired by the Corporation under the
powers of this Act.
20 Provided that this section or the foregoing section of this .A.et
the marginal note whereof is "consideration for such acquisition"
shall not be taken to dispense with the consent of the Local
Government Board to any disposition of land in any case in which
the consent of that Board would have been required if this Act
.25 had not been passed.
46 The Huddersfield Tramways and Improvement A.et 1890.
PART V.-FINANCE.
Power to~borrow. 30. The Corporation may from time to time (in addition to
any moneys they are now authorised to borrow or which they may
be authorised to borrow under any other Act passed in this present
session of Parliament) borrow at interest on the following securi- 5
· ties and for the following purposes being purposes to which
capital is properly applicable and not otherwise the following
sums {that is to say) :
For Tramway purposes on the security of the Tramway
revenue and the Borough fund and :Borough rate any sum not 10
exceeJing forty thousand five hundred pounds;
For street works and improvements on the security of the
Borough fund any sum not exceeding one hundred and sixtyfour
thousand four hundred pounds;
For hospital purposes on the security of the Borough fund 15
and Borough rate any sum not exceeding fifty-four thousand
pJunds;
For market purposes on the security of the Market Revenue
undertaking and the Borough fund and Borough rate any sum
not exceeding twenty-five thousand pounds; 20
For gasworks purposes on the security of the gas revenue
Borough fund and Borough rate any sum not exceeding one
hundred thousand pounds ;
and in calculating the sum the Corporation may borrow under any
other enactment any sums they may borrow under this Act shall 25
not be reckoned and the powers of the Corporation as to borrowing
and re-borrowing shall not be restricted by any of the provisions of
the Municipal Corporations Acts or of The Public Health Act 1875
or of The Local Government Act 1888.
The Huddersfield Tramways and Improvement A.et 1890.
31. 'rhe following enactments (that is to say):
Of the Act of 1876:
Section 125 (Provisions as to borrowing);
Section 126 (Priority of existing mortgages);
5 Section 135 (Corporation not to regard trusts) ;
Of the Act of 1882 :
Part XI. (Corporation stock);
47
Certain provisions
of former Acts
extended to this
Act.
shall subject to the provisions of this Act extend and apply mutatis
mutandis to and in relation to all moneys borrowed under the ·
10 powers of this Act and to any assessments and rates made for the
purposes of this Act.
Provided as follows :-
( l) The repayment of moneys borrowed under the powers of
this Act shall be effected
15 By equal yearly or half-yearly instalments of principal or of
principal and interest;
Or by means of sinking funds ;
Or partly by such instalments and partly by means of sinking
funds.
20 (2) 'rhe Corporation shall repay moneys borrowed under the
powers of this Act within the following periods from the date of
the borrowing of the said moneys respectively (that is to say) :-
For the purpose of paying the costs of this Act within any
period not exceeding ten years ;
25 For tramway purposes within any period not exceeding thirty
years;
For all other purposes within any period not exceeding sixty
rears;
lteductiou of sum
to ht• nccumulnted
iu lrnnds of
hank,..rs under
:-iectfon 12!)
of the Act of
187fi.
Power to
reborrow.
Application of
moneys from sale
etc. of land.
48 The Huddersfield T1'amtoays and Imp1·ovementA.ct 1890.
(3) The first payment to a sinking fund shall be made
on the thirty-first day of :March next following the expiration of
one ckar year after the date of the borrowing of the money in
respect of which such payment is to be made;
(,.t) The sums to be annually appropriated and set apart to 5
any sinking fund exclusive of accumulations shall be equal
throughout the whole period allowed for repayment;
(5) The Corporation shall not create or issue any irredeemable
stock;
(6) The Corporation shall not invest any sinking fund created 10
under this Act in any statutory security of the Corporation.
32.- The sum which the Corporation may accumulate in the
hands of the bankers of the Corporation under the provisions of
Section 129 of the Act of 1876 shall be the sum of £5,000 iustead
of the sum of £10,000 as in that section mentioned. 15
33. If the Corporation pay off any part of any money
borrowed hy them under the powers of this Act otherwise than
by means of a sinking fund or out of the proceeds of the sale
exchange or disposition of lands or out of fines or premiums
on leases or other moneys received on capital account they may 20
re-borrow the same and so from time to time Provided that
all moneys so re-borrowed shall be repaid within the period
prescribed for the repayment of the moneys in lieu of which such
re-borrowing shall have been made and any amounts from time to
time re-borrowed shall be deemed to form the same loan as the 25
moneys in lieu of which such re-borrowing shall have been
made and the obligations of the Corporation with respect to the
repayment of such moneys shall not be in any way affected by
such re-borrowing.
34. The Corporation shall apply all moneys from time to 30
time received by them in respect of any sales exchanges or disposition
of lands and premises by this Act authorised or by way of
fine or premium on any lease in or towards paying off moneys
The Huddersfield Tramways and Improvement .A.at 1890. 49
borrowed and for the time being owing under this Act or if there
shall be no moneys owing under this Act such proceeds shall be
applied in or towards paying off any other moneys for the time
being owing by the Corporation Provided that such proceeds
5 when used to pay off borrowed moneys shall not be applicable to
the payment of instalments or to payments into the Sinking Fund
except to such extent and upon such terms as may be approved by
the Local Government Board.
35. If the Corporation out of the proceeds of the sale or Sinking funds
10 disposition of lands or other mone"'s received on capital account ~ay be _adju9ted
" m certam events.
repay any principal moneys borrowed under the powers of this Act
the payments to any sinking fund applicable to the repayment of
such principal moneys may be reduced to such extent and upon
such terms as may from time to time be approved by the Local
15 Government Board.
36. The Corporation may apply to the purposes of the tram- Application of
ways and street works by this Act authorised respectively being mfi oneysAunder
ormer cts.
purposes to which capital is properly applicable and not otherwise
any moneys authorised by any of the former Acts to be raised for
20 the like purposes respectively and which have not been applied as
by those Acts respectively authorised.
37. The Corporation may if they think fit borrow any moneys Power to borrow
which they are by this Act authorised to borrow under the "nder Local Loans Act 1875.
powers and subject to the provisions of The Local Loans
25 Act 1875 by means of a loan or loans to be raised by
the issue of debentures debenture stock or annuity certificates
or partly in one way and partly in another Any moneys
borrowed by the Corporation in manner by this section authorised
for any of the purposes of the former Acts or any one or more
ao of them shall be a charge upon and shall be paid out of the same
funds and rates as they would be charged upon and paid out of if
raised by way of mortgage under the powers of the Act authorising
the borrowing thereof and such funds and rates shall in each case
be deemed to be the local rate as defined by The Local Loans Act
35 1875 Every such loan shall be discharged within the time prescribed
m that behalf by the Act under the authority of which
7 0
Annual return to
Local Government
Iloard with
resprct to sinking
funds etc.
50 The Huddersfield Tramways and Improvement LLct 1890.
the same shall have been borrowed The forms set forth or
referred to in the Fifth Schedule to the Act of 1876 may be used
by the Corporation for the purposes of The Local Loans Act 1875.
38. The Borough Accountant shall within twenty-one days
after the expiration of each year during which any sum is 5
required to be set apart for a sinking fund or any instalment
under this Act transmit to the Local Goverment Board
a return in such form as may be prescribed by that
Board and verified by statutory declaration if so required by
them showing the amount which has been paid as an instal- 10
ment or invested for the purpose of such sinking fund
during the year preceding the making of such return and
the description of the securities upon which the same has
been invested and also showing the purposes to which any portion
of the moneys invested for the sinking- fund and the interest thereof 15
have been applied during the same period and the total amount
remaining invested at the end of the year and in the event of any
wilful default in making such return the Borough Accountant shall
be liable to a penalty of not exceeding twenty pounds which shall
be paid to the Local Government Board and shall be recoverable by 20
that Board in the same manner as penalties recoverable under the
Public Health Act 1875 in a summary manner may be recovered
by parties aggrieved within the meaning of that Act.
If it appear to the Local Government Board by such return or
otherwise that the Corporation have failed to pay any instalment or 25
to set apart the sum required by this Act for the sinking fund or
have applied any portion of the moneys set apart for that fund or
any interest thereof to any purposes other than those authorised by
this Act the Local Government Board may by order direct that a sum
not exceeding double the amount in respect of which such default 30
shall have been made shall be set apart and invested as part of the
sinking fund and such order shall be enforceable by writ of mandamus
to be obtained by the Local Government Board out of the
High Court.
The provisions of this section shall extend and apply mutatis 35
mutandis to appropriations and to annual repayments.
Tie Hudderajield Pramwavs and lmprOfJement A.et 1890. 51
39. Subject to the provisions of The Customs and Inland Composition for
Revenue Act 1887 the Corporation may agree with the Commis- stamp duty.
sioners of Inland Revenue for payment to them of composition for
the stamp duty on transfers of ·stock issued under the powers of
5 this Act.
40. All moneys borrowed by the Corporation under this Act Application of
shall be applied to the several purposes of this Act in respect of moneys borrowed.
which the same were respectively borrowed and to which capital is
properly applicable and to no other purpose.
10 41. All expenses incurred by the Corporation m carrying Expenses of
executing Act.
i~to execution the. provisions of this Act ( except such of those
15
expenses as are to be paid out of borrowed moneys or as are
incurred in relation to Corporation Stock) shall be paid as follows
(that is to say) :-
Expenses of and connected with tramways out of tramway
revenue;
Expenses of and connected with the markets out of market
revenue;
All other expenses out of the Borough fund ;
20 And all deficiencies in either of the said revenues shall be
met out of the Borough Fund and all moneys payable to
or receivable by the Corporation under this Act or any bye-law
thereunder shall be carried to the Borough Fund and to the proper
account therein.
25 42. Section 341 of the Act of 1871 (" Assessments for
tithes Railways &c. in certain cases ") shall be incorporated
with and form part of this Act and shall extend and apply
to any increase or addition made under the authority of this Act
to any .Borough rate levied for purposes other than purposes
30 with respect to which the partial exemption is not at present
applicable.
As to rating of
Railways for
certain purpmes.
43. In the case of any demand on any Railway Companv Particulars to be
t . 1 d t t· 1 t· ~ t f th B h th • furnished with en 1t e o par 1a exemp 10n J.Or paymen o e oroug or o er reierence to
· rate to the Corporation it shall be the duty of the Town Clerk on differential rates.
Auditors.
52 The Huddersfield Tramways and Improvement Act 1890.
the application 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 5
pound required for each of such purposes in respect of which such
Railway Company is entitled to the partial exemption aforesaid.
PA.RT VI.-MISCELLA.NEOUS.
44. If the Corporation at any time by resolution of the
Council determine to appoint an accountant or account~nts to be 10
the Borough auditor or Borough auditors in lieu of the Borough
auditors then in office the following provisions shall have effect
(that is to say) :-
(1) The Corporation may on the expiration of the term of
office of the Borough auditors or Borough auditor then in office 15
and so from time to time on the expiration by effluxion of time
or otherwise of the term of office of any auditor or auditors
appointed under this section appoint an accountant or accountants
to be the Borough auditor or Borough auditors in substitution
for the auditors to be appointed in accordance with the provisions 20
of The Municipal Corporations Act 1882;
(2) From and after the first appointment of an auditor or
auditors under this section the provisions of Section 25 of the
said Act shall cease to apply within the Borough;
(3) Every appointment of an auditor or auditors under this 25
section shall be in writing under the seal of the Corporation and
may be for such term and subject to such conditions as the Corporation
think fit ;
(4) 'l'he Corporation may from time to time and at any time
appoint an auditor or auditors in addition to the auditor or 30
auditors for the time being in office :
The Huddersfield Tramways and Improvement .tlct 1890. 53
(5) It shall not be obligatory on the Corporation to fill any
vacancy in the office · of auditors so long as there shall be one
auditor in office under this section ;
(6) The Corporation may pay any auditor or auditors
5 appointed by them under this section such salary or remuneration
as the Corporation may think fit.
45. All the costs charges and expenses preliminary to and of Expenses of Act.
and incidental to the preparing applying for obtaining and
passing of this Act as taxed by the taxing officer of the House of
10 Lords or of the House of Commons shall be paid by the Corporation
out of moneys to be borrowed for the purpose under the provisions
of this Act.
54 The Huddersfield Tramways and Impror:ement Act 1890.
'l,HE SCHEDULE REFERRED TO IN THE FOREGOING
ACT.
LANDS AND BUILDINGS OF WHICH PORTIONS ONLY ARE REQUIRED.
Parish.
Almond bury
Huddersfield
Numbers on deposited Plans all inclusive
. 391 699 701 720.
4 56 354 355 621 643 664 666 776A 778A
779A 871 874 925 927.
THE HUDDERSFIELD TRAMWAYS
AND IMPROVEMENT ACT 1890.
AN ACT
To enable the Mayor Aldermen and
Burgesses of the County Borough of
Huddersfield to construct Additional
Tramways and Street and Road
Improvements and to make further
Provision for the good Government
cf the Borough and for other purposes.

[ROYAL ASSENT 4TH JULY 1890.]
53 & 54 VICT.-SESSION 1890.
GEORGE B. NALDER,
DYSON AND co.,
Town Clerk,
Huddersfield.
24, Parliament Street, Westminste1·,
Parliamentary Agents.
Printed by Nichole and Sons, 25, Parliament Street.

Huddersfield Tramways and Improvement Act of 1890

Categories

Articles about Huddersfield Corporation | Articles about Huddersfield Corporation Tramways | Local Acts
This page was last modified on 3 April 2018 and has been edited by Dave Pattern.

Search Huddersfield Exposed