Blackburn Corporation (Tramways, &c.) Act 1898

JurisdictionUK Non-devolved
Citation1898 c. clxvi
TCI & 02 VICT.] Blackburn
Corporation
[Ch. clxvi.]
(Tramways, $r.) Art, 1898.
CHAPTER clxvi.
An Act to authorise the Corporation of the County A-D-1898-
Borough of Blackburn to acquire the undertaking of
the Blackburn Corporation Tramways Company Limited
to construct new Tramways in the Borough to improve
and work the undertaking to partially consolidate the
redeemable debt and mortgages of the Corporation to
consolidate and apply sinking funds to repeal borrowing-
powers to borrow money and for other purposes.
" [25th July 1898.]
W
HEREAS the mayor aldermen and burgesses of the county
borough of Blackburn (in this Act called " the Corpora-
tion") are owners of various tramway lines within and near the
borough of Blackburn authorised by the Blackburn Improvement
45
&46Vict.
. c ccxliu
Act 1882 and the Blackburn Corporation Tramways Acts 1887 soviet.'
and 1888 respectively :
(sess.
2)
And whereas those tramway lines were and are leased to the '.',Vn\
J
)
l
V
ict.
Blackburn Corporation Tramways Company Limited (in this Act
called " the company ") by lease dated the first day of June one
thousand eight hundred and ninety-one which lease expires on the
twenty-fourth day of June one thousand nine hundred and eight:
And whereas by an agreement made the fifth day of August
one thousand eight hundred and ninety-seven between the company
and the Corporation the company have agreed to sell and the
Corporation have agreed to purchase the undertaking of the
company and it is expedient that the said agreement should be
carried into effect:
And whereas it is expedient that the Corporation should be
authorised to construct the additional tramways by this Act
authorised:
And whereas it is expedient that the tramway service in the
borough should be improved and that new methods of traction on
[Prbe 4.v.
oil.]
A 1
C.
XI.
fell Clxvl]
Blackburn
Corporation
[61 & 62 VICT.]
L
' '
{Tramways, $c.) Act, 18PS.
A
i) 1898 the tramways within the borough should be adopted and that all
'
' or
some
of the
existing lines should
be
reconstructed
for the
purposes of such adoption
:
And whereas
it
is expedient
to
confer on the Corporation the
powers
in
this Act contained
for
working tramways
and for
reconstructing the said tramway lines or some of them
:
And whereas the Corporation are the undertakers for supplying
electric power
or
energy within the borough and
it
is expedient
that the Corporation should be authorised to use electric or other
mechanical power
on the
tramways acquired and
by
this Act
authorised to be constructed by them :
And whereas
it is
expedient that further powers should
be
granted to the Corporation and provisions made with reference to
the consolidation
of
the redeemable debt and mortgages
of
the
Corporation equation and consolidation
of
sinking funds except
as regards the waterworks department evidence
to be
given
on
the death
of
water annuitants repayment
of
loans deposit
of
Corporation stock certificates
and
mortgages
as
securities
for
debts disconnexion
of gas
meters advertisement hoardings
building plans:
And whereas
it is
expedient" that
the
date
for
closing
the
financial year
in
respect
of
the electric lighting accounts of the
Corporation should be altered
:
And whereas
it is
expedient that
the
time limited
by the
40 & 41
Vict.
Blackburn Improvement Act 1877
as
extended by the Blackburn
48CvTct Water Act 1885 for construction
of
the Brennand .Reservoir and
c six. the Whitendale Reservoir should be extended
:
And whereas
it is
expedient that the Corporation should
be
authorised
to
construct
the
additional sewers and new streets
and street improvements by this Act authorised and to pave with
wood the streets named in the Second Schedule to this Act
:
45
&
46 Vict. And whereas it is expedient that the provisions of the Blackburn
c.
ccxiiii.
Improvement Act 1882
as
regards
the
height
of
chimneys
and
the construction of privies and cesspools should be amended :
And whereas
it is
expedient that the borrowing powers
of
the
Corporation mentioned
in
this Act should be repealed and that
the Corporation should be authorised
to
raise further money by
borrowing for the purposes
of
this Act and for other purposes as
in this Act set forth
:
And whereas plans
and
sections showing the lines situation
and levels
of
the works by this Act authorised and also a book of
reference
to
such plans containing the names
of
the owners
or
reputed owners lessees or reputed lessees and
of
the occupiers of
2
[61 & 62 VICT.] Blackburn
Corporation
[CL
Clxvi]
(
Tramways,
Act, 1898.
the lands which may be taken for the purposes or under the A.D. 1898.
powers of this Act were duly deposited with the clerk of the
peace for the county of Lancaster and are in this Act respectively
referred to as the deposited plans sections and book of reference:
And whereas estimates have been prepared by the Corporation
for the purchase of land for and the execution of the various
works by this Act authorised and for other purposes and such
estimates are as follows :
For new municipal offices and alterations to town hall 12,000
For new street and street improvements new bridges
and alterations to existing bridges including the
purchase of the necessary lands - ... 35,000
For the purchase of the tramways from and payment
of the existing debenture debt of the company - 87,000
For construction of additional tramways and equip-
ment and providing system of electric traction for
existing and additional tramways - - -100,000
For works for sewering - 10,000
For works for sewage disposal - 50,000
For purchasing and laying out recreation grounds - 12,000
For permanent wood pavement in the streets set
forth in the Second Schedule to this Act - - 12,400
And whereas the several works included in such estimates are
permanent works within the meaning of section 234 of the Public
Health Act 1875:
And whereas an absolute majority of the whole number of the
council at a meeting held on the twenty-eighth day of October one
thousand eight hundred and ninety-seven after ten clear days
notice by public advertisement of such meeting and of the purpose
thereof in the Blackburn Times a local newspaper published
and circulating in the borough such notice being in addition to
the ordinary notices required for summoning such meeting
resolved that the expense in relation to promoting the Bill for
the Act should be charged on the borough fund and borough rate :
And whereas such resolution was published twice in the
Blackburn Times a newspaper published and circulating in the
borough and has received the approval of the Local Government
Board:
And vhereas the propriety of the promotion of the Bill for
this Act was confirmed by an absolute majority of the council at
a further special meeting held in pursuance of a similar notice
on the sixth day of January one thousand eight hundred and
A 2 3
[Ch. clxvi] Blackburn
Corporation
(Tramicai/s,
S>c)
Act, 1898. [61 & 62 VICT.]
A.D.
1898.
ninety-eight being not 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
for this Act:
And whereas the purposes of this Act cannot be effected
without the authority of Parliament:
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 Parliament assembled
and by the authority of the same as follows (that is to say) :
Short
title.
Act
divided
into
parts.
PART I.—PRELIMINARY.
1.
This Act may be cited as the Blackburn Corporation
(Tramways &c.) Act 1898.
2.
This Act is divided into parts as follows (that is to say):
Part
I.
—Preliminary.
Part II.—Tramways.
Part III.—Sewers.
Part IV.—New street and street improvements.
Part V.—Lands.
Part VI.—Miscellaneous.
Part VII.—Financial and borrowing powers.
3.
This Act except where otherwise expressly provided shall
apply exclusively to the borough.
4.
The following Acts and parts of Acts (that is to say) The
Lands Clauses Acts (except section 127 of the Lands Clauses
Consolidation Act 1845) and section 3 (Interpretation of terms)
and Parts II. and III. of the Tramways Act 1870 so far as
the same are applicable to the purposes of and not varied by or
inconsistent with this Act are incorporated with and form part
of this Act.
Act
to be
5. Subject to the provisions of this Act this Act shall be
cmmcii carried int0 execution by the Corporation acting by the council.
6. In this Act unless the subject or context otherwise
requires
"The borough " means the county borough of ^Blackburn;
" The Corporation
"
means the mayor aldermen and burgesses of
the borough;
4
Limits
of
Act.
Incorpora-
tion
of
Acts.
Interpreta
tion
[61 & 62 VICT.] Blackburn
Corporation
[Ch.
clxvi.]
{Tramways, fyc.) Act, 1898.
•"'The council" means the town council of the borough;
A.D.
lsyjt.
" The town clerk " " the treasurer " " the surveyor " and " the
gas engineer" respectively mean the town clerk the
treasurer the surveyor or the gas engineer of the borough;
" The town hall " means the town hall of the borough ;
" The borough fund
"
and " the borough rate
"
mean respectively
the borough fund and the borough rate of the borough;
" District fund
"
and " general district rate
"
mean respectively
the general district fund and the general district rate of the
borough;
"The undertaking" means the whole undertaking of the
company including the tramways and all other businesses
carried on by the company with all the interests powers
rights and privileges of the company under their existing lease
and under the Acts relating to or affecting the undertaking
as well as all tramway lines belonging to or leased to the
company and all the buildings lands plant horses rolling
stock moneys fixtures stock in trade assets book and other
debts belonging to due and owing to the company and all
other property of every description including things in action
vested in or belonging to or due or owing to or standing to
the credit of the company and the benefit of all contracts
and engagements entered into by the company as the same
shall stand on the date of transfer herein-after mentioned ;
" The tramway undertaking " includes the undertaking and the
tramways by this Act authorised or any part thereof and any
tramway or tramways upon or over which the Corporation
are entitled to grant licences to run carriages with flanged
wheels or wheels suitable only to run on the rails prescribed
by this Act and shall also include the tramways of the
Blackburn and Over Darwen Tramways Company as to so
much of such tramways as are within the borough of
Blackburn after such portion has been acquired by the
Corporation and as to so much of such tramways as are within
the borough of Darwen after such last-mentioned portion
has been acquired by the mayor aldermen and burgesses of
Darwen but in neither case until after the expiration of any
lease granted lo the Blackburn and Over Darwen Tramways
Company pursuant to the provisions of section 61 of the
Blackburn and Over Darwen Tramways Act 1879 ;
"The tramways " mean the tramways by this Act authorised or
any part
thereof;
A3 o
[Cll. ClXVi.] Blackburn
Corporation
[61 & 62 VICT.]
{Tramways, $c.) Act, 1898.
"Tramway revenue" means all revenue of the tramway
undertaking including the income if any arising from the
investment of any reserve fund or renewal fund created
under the provisions of this Act;
'Mechanical power" includes steam electric and every other
motive power not being animal power;
" Engine
"
includes motor;
"Sky sign" means any word letter model sign device or
representation in the nature of an advertisement announce-
ment or direction supported on or attached to any post pole
standard framework or other support wholly or in part over
or above any house building or structure which or any part
of which sky sign shall be visible against the sky from any
point in any street and includes all and every part of any
such post pole standard framework or other support The
expression "sky sign" shall also include any balloon
parachute or similar device employed wholly or in part for
the purpose of any advertisement or announcement or over
or above any building structure or erection of any kind or
on or over any street but shall not include (1) any flagstaff
pole vane or weathercock unless adapted or used wholly or
in part for the purposes of any advertisement or announce-
ment (2) any sign on any board frame or other contrivance
securely fixed to or upon the top of any wall or parapet of
any building or the cornice or blocking course of any wall
or to the ridge of a roof Provided that such board frame or
other contrivance be of one continuous face and not open
work and do not extend in height more than three feet
above any part of the wall or parapet or ridge to against or
on which it is fixed or supported (3) any such word letter
model sign device signal or representation as aforesaid
which relates exclusively to the business of a railway
company and which is placed or may be placed wholly upon
or over any railway railway station yard platform or station
approach belonging to a railway company and which is also
so placed that it will not fall into any street or public place;
"The Public Health Act" means the Public Health Act 1875
and any Act amending the same ;
"The Municipal Corporations Acts" means the Municipal
Corporations Act 1882 and any Act amending the same
or otherwise relating to municipal corporations in England ;
"The Act of 1877" "the Act of 1882" "the Act of 1885"
"the Act of 1887" "the Act of 1888" and "the Act of
6
[Gl &
2
VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramways, §c.) Act, 1898.
1892
" mean respectively the Blackburn Borough Gas Water
A.D.
1898.
and Extension Act 1877 and the Blackburn Improvement "
Act 1882 the Blackburn Water Act 1885 the Blackburn
Corporation Tramways Acts 1887 and 1888 and the
Blackburn Corporation Act 1892;
" The Order of 1889 " means the Blackburn Provisional Order
of 1889 confirmed by the Local Government Board's
Provisional Orders Confirmation (No. 13) Act 1889 ;
" The Order of 1890 " means the Blackburn Provisional Order
of 1890 confirmed by the Local Government Board's
Provisional Orders Confirmation (No. 10) Act 1890;
" The Order of 1894" means the Blackburn Provisional Order
of 1894 confirmed by the Local Government Board's
Provisional Orders Confirmation (No. 14) Act 1894 and
" the Order of 1897" means the Blackburn Provisional
Order of 1897 confirmed by the Local Government Board's
Provisional Orders Confirmation (No. 18) Act 1897;
" Local Acts" means the unrepealed portions of the Acts set
forth in Part I. of the First Schedule to the Act of 1882
and the Acts of 1882 1885 1887 1888 and 1892 and the
Orders of 1889 1890 1894 and 1897 ;
"Carriage" means any vehicle used for the conveyance of
persons or goods;
Words to which meanings are assigned in enactments
incorporated with this Act or in the local Acts respectively
or which have in those Acts respectively special meanings
have in this Act the same respective meanings unless there
be something- in the subject or context repugnant to such
construction.
PAKT II.—TRAMWAYS.
7.—(1.) The company shall sell and the Corporation shall Purchase
of
purchase the undertaking for the sum of seventy-seven thousand
}'"
Q*^-
two hundred and ten pounds which sum shall be distributed tioc.
among the shareholders of the company as herein-after in this
Act provided.
(2.) The purchase shall take effect and be completed at the
end of one calendar month from the passing of this Act and on
that date the undertaking shall be handed over by the company
to the Corporation properly maintained and in a proper state
of repair to the reasonable satisfaction of the surveyor and
A 4 7
[Cll. Clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
{Tramways, $c.) Act, 1898.
A.D.
1898.
on and from that day the undertaking shall be by virtue of
this Act without any conveyance or other instrument transferred
to and vested in the Corporation subject and according to
the provisions of this Act (which transfer and vesting is in
this Act referred to as "the transfer") and thenceforth the
Corporation in their own name and for their own benefit shall
be entitled to the possession of and shall have and hold the
undertaking and be entitled to work and carry on the same.
Provision?
8.—(1.)
The company shall manage and maintain the
iucidfinta) to undertaking up to and including the transfer and shall be entitled
ihe
transfer. to ^ tQ their s]jarei10i[c|ers out 0f the undivided profits of the
company the following dividends free from income tax upon the
amount of the capital of the company called up on the first day
of July one thousand eight hundred and ninety-seven as shown
by the books of the company on thai date (namely):
To the preference shareholders a dividend at the rate of six
per centum per annum on the amount of the preference
shares held by them respectively;
To the holders of ordinary shares a dividend at the rate of
four per centum per annum on the amount of the ordinary
shares held by them respectively :
Such dividends to be respectively computed from the first
day of July one thousand eight hundred and ninety-seven up
to the day fixed for the completion of the purchase Provided
always that if the purchase be not completed on that day from
any cause other than the default of the company the Corporation
shall pay such dividends as aforesaid up to the day on which the
purchase money shall be distributed as herein-after provided.
(2.) All receipts of the company which have not been applied
in payment of ordinary working or other expenses of the company
(including interest on debentures) from the first day of July
one thousand eight hundred and ninety-seven shall subject to the
payment of the said dividends and to the provisions hereinafter
contained as to payment of debentures falling due on the
thirty-first day of December one thousand eight hundred and
ninety-eight belong to the Corporation.
(3.) The assets of the company to be transferred to and taken
over by the Corporation shall include besides the matters and
things hereinbefore enumerated all sums standing to the credit of
the company at the date fixed for completion of the purchase
on suspense accounts or as reserve funds or for any purpose
whatsoever.
8
[01 & 62 VICT.] Blackburn
Corporation
[Ch, Clxvi.]
(Tramways, #r.) Act, 1898.
' (4.) The Corporation shall be liable to and shall pay and
A.D.
1898.
discharge all debts and liabilities which the company may be
subject to on the day fixed for the completion of the purchase
- and shall exonerate and indemnify the company from and against
all claims and demands in respect thereof Provided nevertheless
that the Corporation shall not be liable to pay or discharge
any debts or liabilities incurred by the company subsequently
to the fifth day of August one thousand eight hundred and
ninety-seven beyond such as are reasonably necessary for the
ordinary carrying on of the undertaking and maintenance of
the said tramway lines and plant of the undertaking unless such
debts and liabilities shall have been incurred with the consent
of the Corporation in writing under the hand of the town clerk.
(5.) In the event of the purchase not being completed until
after the thirty-first day of December one thousand eight
hundred and ninety-eight the company shall be entitled to pay
and discharge the debentures issued by the company falling
due on that date and for that purpose may resort to appropriate
aud use any fund then standing to the credit of the Corporation
under subsection (2) of this section and may raise or borrow
such sum or sums as may be necessary to make up any deficiency
required for payment and discharge of such last-mentioned
debentures in such manner and on such terms as may be found
expedient.
9. Each of the present directors of the company (that is to Directors to
say) Robert Angus Jackson William Beesley Joseph Newton Luke c0"t.ll,ue t0
Margerison and Henry "VVhalley shall for a period of five years maUagemen
from the transfer (if he shall so long live and not be incapacitated) oi under-
continue to act in the management of the undertaking and carry a ing'
on the same on behalf of the Corporation in conjunction with
such committee or members of the council as the council may
from time to time appoint but with regard only to such matters
as the Corporation may reasonably require and shall not during
such period of five years engage in any business or directly or
indirectly promote or participate (either as promoter director
shareholder or officer) in any company firm or business within
the borough directly or indirectly competing with the tramway
undertaking in any tramway omnibus or other system of public
conveyance other than hackney carriages private carriages or
private coaches Provided that nothing herein contained shall
preclude any such director from being interested as a director
shareholder or otherwise in any railway company owning omnibuses
and in consideration thereof the Corporation shall pay to the
9
[OIL ClXVi.] Blackburn
Corporation
[61 & 62 VICT.]
(Tramways, $c.) Act, 1898.
A.D.
1898. said directors of the company at or before the completion of the
purchase the following sums respectively (namely) : £
Robert Angus Jackson - - - 520
William Beesley ... - 330
Joseph Newton - - - 330
Luke Margerison - - - - 330
Henry Whalley - - - 330
As
to 10. The secretary and manager of the company or either of
secretary and
them who on the date fixed for the completion of the purchase
Company0 shall be in the employment of the company shall be taken over
by the Corporation on the terms as to position emolument and
dismissal upon which the secretary and manager of the company
were employed by the company on the first day of July one
thousand eight hundred and ninety-seven if within one month
after the transfer they or either of them shall signify in writing
to the Corporation their or his desire to enter into the service of
the Corporation.
Boots of 11. All books and other documents necessary for the conduct
company. 0j? ^
]3USmess
0f the company shall on the transfer be trans-
ferred to the Corporation but not any books or other documents
which are no longer useful or reasonably necessary for the
purposes of the Corporation as owners of the undertaking Any
difference as to the custody of any books or documents belonging
to the company shall be settled by some person to be nominated
in that behalf by the Board of Trade.
Transfer of 12. From and after the transfer all the powers rights privileges
poTere'to'8 autrities duties and obligations of the company or of any lessee
Corporation, or lessees of the Corporation under the Act of 1882 including the
right to demand and take tolls so far as the same are applicable to
the working of the tramways and are not inconsistent with the
provisions of this Act shall by virtue of this Act be transferred to
vested in and imposed on the Corporation.
Byelaws and 13. Notwithstanding the transfer all byelaws and regulations
ofgcX°any made by the comPany and in force at the passing of this Act shall
continued, continue in force and may be enforced by the Corporation until
new byelaws and regulations are made by them.
Saying
for 14. If at the time of the transfer any action or proceeding or
byoTagtinst
an>;
cause of action or proceeding is pending or existing by or
Company, against or in favour of the company the same shall not abate
or be discontinued or in anywise prejudicially affected by reason
10
[ (jl & 62 VICT.] Blackburn
Corporation
[Ch. OlXVi.]
(Tramways, $c.) Act, 1898.
of the transfer or of anything in this Act but the same may be A.D. 1898.
continued prosecuted and enforced by or against or in favour of
the Corporation as and when it might have been continued
prosecuted and enforced by or against or in favour of the
company if this Act had not been passed.
15.
All agreements contracts conveyances deeds purchases Saving for
and sales entered into or made and in force at the time of the
c°n*ract*
*c-
transfer shall be as binding and of as full force and effect in every
respect against or in favour of the Corporation and may be
enforced as fully and effectually as if instead of the company
the Corporation had been a party thereto.
16.
The Corporation shall subject as herein-after provided Distribution
as regards persons who cannot be found or persons under of ?urcliase
disability on or before the completion of the purchase distribute amongst
the purchase money among the shareholders of the company shareholders.
rateably according to their respective holdings in manner following
(that is to say) :
As to the sum of twenty-three thousand two hundred and ten
pounds among the holders of the preference shares in the
company;
As to the sum of fifty-four thousand pounds among the
holders of ordinary shares in the company :
And the company shall for the purpose of enabling the Corporation
to make such distribution hand over to the Corporation their
register of members immediately the same is closed in manner
provided by the section of this Act of which the marginal note
is "Company's books evidence as to shareholders" and the
company shall by their officers and servants render to the
Corporation such assistance as may be reasonably required in
connexion with the preparation for such distribution.
For the purpose of carrying out the aforesaid distribution it
shall be sutlicient for the Corporation if they think fit to send a
cheque for the amount payable to any person or persons in
maimer in which notices may be served on the shareholders of
the company under sections 130 and 137 of the Companies
Clauses Consolidation Act 1845.
17.
If any money is payable to any member of the company Receipts in
being a minor idiot or lunatic the receipt of the guardian or
ca^ngfnot
committee of his estate shall be a sufficient discharge for the Sl1i juris.
same. 11
[Ch. clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
(Tramways,
6>c)
Act, 1898.
A.D.
1896.
Company's
books
evi-
dence
as to
shareholders.
Payment
into
eourt
•when
persons
entitled
to
money
cannot
be
found.
Dissolution
of
company.
Power
to
make
tramways.
lg_
n ) The several persons who at the time of the closing
of the register of transfers as herein-after prescribed appear on
the share register of the Company to be proprietors of shares
in the capital of the company or their respective executors
administrators or assigns shall be deemed to he the shareholders
thereof entitled to participate in the distribution of the purchase
money in manner herein-before provided and in any dividend that
may be paid by the company after such closing of the register of
transfers.
(2.) The register of transfers of the company shall be closed
for a period of twenty-one days previous to the date fixed for
completion of the purchase.
19.
Where the Corporation are for three months after the
transfer unable after diligent inquiry to ascertain the person to
whom any part of the purchase money is payable or where any
part thereof is payable to a person whose committee cannot give
an effectual receipt for the same the Corporation may pay the
same into the Supreme Court the Court of Chancery of the county
palatine of Lancaster or into the Blackburn county court under
any Act for the time being in force for the relief of trustees.
20.
Upon the transfer of the undertaking to the Corporation
the company shall by virtue of this Act be dissolved.
21.
Subject to the provisions of this Act and of Parts II.
and III. of the Tramways Act 1870 the Corporation may make
form lay down work use and maintain the tramways herein-after
described in the lines and according to the levels shown on the
deposited plans and sections and in all respects in accordance with
those plans and sections with all proper rails plates works and
conveniences connected therewith:
The tramways herein-before referred to and authorised by
this Act will be of the gauge of four feet Provided always that
so much of section 34 of the Tramways Act 1870 as limits the
extent of the carriage used on any tramway beyond the edge
of the wheels of such carriage shall not apply to carriages used
on the tramway undertaking but no carriage or engine used on
the tramway undertaking shall exceed six feet three inches in
width or such other width as may from time to time be prescribed
by the Board of Trade :
The following are the tramways (that is to say) :
Tramway No. 1 1 mile 1 furlong 318 chains in length of which
7 furlongs 4-70 chains is single line and 1 furlong 8-48 chains
is double line wholly in the township of Blackburn in the
12
[61 & 62 VICT.] Blackburn
Corporation
[Ch.
Clxvi]
(Tramways,
Sfc.)
Act, 1898.
parish of Blackburn commencing at the junction of the
A.D.
1898.
existing tramway al Billinge End Preston New Road and
terminating at Four Lane Ends :
Tramway No. 2 4 furlongs 9-50 chains in length of which
3 furlongs 984 chains is single line and 9-66 chains is double
line wholly in the said township of Blackburn commencing
by a junction with the existing tramway in Cemetery Road
and terminating near the Old Toll Bar House at Brownhill
WhaJley New Road:
Tramway No. 3 4 furlongs 7"42 chains in length of which
3 furlongs 296 chains is single line and 1 furlong 44G chains
is double line wholly in the said township of Blackburn
commencing by a junction with the existing tramway at Copy
Nook and terminating at Queens Park :
Tramway No. 4 3 furlongs 2-57 chains in length of which
2 furlongs 3'24 chains is single line and 933 chains is double
line wholly in the said township of Blackburn commencing
by a junction with the existing tramway at Griffin Inn and
terminating opposite Spring Lane Preston Old Road:
Tramway No. 5
1
mile 3 furlongs 8-63 chains in length of which
1 mile 1 furlong 2*32 chains is single line and 2 furlongs
6-31 chains is double line wholly in the said township of
Blackburn commencing by a junction with the existing
tramway at Mill Lane and terminating at the junction of
the existing tramway in Accrington Road near the Fountain
Inn:
Tramway No. 6 1 furlong 704 chains in length of which
1 furlong 104 chain is single line and
5
chains is double line
wholly in the said township of Blackburn commencing by a
junction with the existing tramway at Preston New Road
and terminating in Ainsworth Street at the junction of the
existing tramway:
Tramway No. 7 4*30 chains in length of which 1*80 chain is
single line aud 250 chains is double line wholly in the said
township of Blackburn commencing by a junction with the
existing tramway at High Street and terminating at a point
near the railway station in Railway Road.
22.
If the tramways be not completed within three years from period for
the passing of this Act then on the expiration of that period the completion
powers by this Act granted to the Corporation for constructing ° nm™f
the same or otherwise in relation thereto shall cease except as to
so much of the tramways respectively as is then completed.
13
[Ch.
clxvi.]
Blackburn Corporation [61
& 62
VICT.]
(Tramways,
$c.) Act,
1898.
A.D.
1898.
23. No
part
of the
tramways shall
be
opened
for
public
Tramps
not
traffic until
the
same
has
been inspected
by an
officer
of the
unm
cSd
Board
of
Trade
and
certified under
the
hand
of a
secretary
or an
by Board of
assistant secretary
of
the said Board
to be fit for
such traffic.
Trade.
As to rails of
24. The
rails
of the
tramways shall
be
such
as the
Board
of
tramways.
Trade approve>
Further
25. In
addition
to the
requirements
of
section
26 of the
provision Tramways
Act
1870
the
Corporation before they proceed
to
open
stn-ction"
°r
break
up any
road
for the
purpose
of
constructing laying down
of tramways, maintaining
and
renewing
any of the
tramways shall
lay
before
the Board
of
Trade
a
plan showing
the
proposed mode
of
con-
structing 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
construction laying
down maintenance
and
renewal
of any of the
tramways
or
part
of
any of the
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 plan
and
statement.
Power to
26. The
Corporation shall from time
to
time alter
and
o/TaiiT maintain
the
level
of the
rails
of any of the
tramways
so
that
they shall correspond with
the
level
of the
street wherein
such tramway
is
laid.
Passing
27.
Where
in any
road
in
which
a
double line
of
tramway
places to
-g
ja-^
^here shall
be
less width between
the
outside
of the
be con-
structed footpath
on
either side
of the
road and the nearest rail
of the
where less tramway than nine feet
six
inches
the
Corporation shall
and
tain width they
are
hereby required
to
construct
a
passing place
or
places
left between connecting
the one
tramway with
the
other
and by the
means
tramwa
^ °^ snc^
PassmS
P*ace
or
places
the
traffic shall when necessary
be diverted from one tramway
to the
other.
Power
28. The
Corporation
may
subject
to the
provisions
of
this
addTtionai
Act with tlie consent of the
local authority
and
road authority
crossings
&c.
make maintain alter
and
remove such crossings passing places
sidings junctions
and
other works
in
addition
to
those particularly
specified
in and
authorised
by
this
Act as
they find necessary
or
convenient
for the
efficient working
of the
tramways
or for
providing access
to any
warehouses stables
or
carriage houses
or works
of the
Corporation Provided that
in the
construction
of any such works
no
rail shall
be so
laid that
a
less space than
nine feet
six
inches shall intervene between
it and the
outside
14
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.^
(Tramways, §e.) Act, 1898.
of the footpath on either side of the road if one-third of the A-D-1898,
owners or one-third of the occupiers of the premises abutting
on the place where such less space shall intervene shall by
writing under their hands addressed and delivered to the
Corporation within three weeks after receiving from the
Corporation notice in writing of their intention express their
objection thereto. '
29.
Where by reason of the execution of any work affecting Temporary
the surface or soil of any road along which any of the tramways is
tramwa?s
,
,.,..., . . .. r. . ,. may be made
laid it is m the opinion or the Corporation necessary or expedient where
temporarily to remove or discontinue the use of such tramway necessary.
or any part thereof the Corporation may construct in the same
or any adjacent road and maintain so long as occasion may
require a temporary tramway or temporary tramways in lieu of
the tramway or part of a tramway so removed or discontinued.
30.
Any paving metalling or material excavated by the Application
Corporation in the construction of any works under the authority nnrt°ria^
ot this Act from any road under their jurisdiction or. control excavated in
shall absolutely vest in and belong to the Corporation and may
(U6tIll(-'tl0U
be dealt with removed and disposed of by them in such manner
as they may think fit.
31.
Subject to the provisions of this Act the tramways shall Tramways
form part of the tramway undertaking and the Corporation may t0 rform
in respect of the tramways exercise and enjoy all and the like Corporation
powers rights privileges and authorities which they now may or tramway
are empowered to exercise and enjoy and shall be subject and ,m c'
liable to like penalties conditions restrictions and stipulations as
they are respectively subject and liable to with respect to the
tramway undertaking or any part
thereof.
32.
Notwithstanding anything to the contrary contained in the Power to
Tramways Act 1870 or any other Act or Order the Corporation wo'k th,e.
may place and run carriages on and may demand and take tolls ami new c
and charges in respect of the tramway undertaking and may tramways.
provide all such stables buildings horses cars rolling stock engines
machinery steam cable electric and other plant apparatus and
appliances as may be requisite or convenient for the working or
user of the tramway undertaking by animal oi mechanical power
and may sell and dispose of or exchange such of the before-
mentioned articles as may from time to time be no longer required.
33.
Sections 78 79 80 and 89 of the Act of 1882 which Toils.
relate to tolls and charges shall apply to the working of the
tramway undertaking by the Corporation as if they were re-enacted
15
[Ch. clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
{Tramways, $c.) Act, 1898.
A.D.
1898.
Prohibiting
increased
fares
ou
Sundays
or
bank
holidays.
Regulations.
Conveyance
of
mails.
Repeal
of
portions
of
Acts
of
1882
and
1887relating
to
use of
mechanical
power.
Provisions
as
to motive
power,
in this Act with the substitution of the Corporation for the lessees
of the Corporation.
34.
It shall not be lawful for the Corporation or company or
person using the tramway undertaking to take or demand on
Sunday or any bank or other public holiday any higher tolls or
charges than those levied by them on ordinary week days.
35.
The regulations authorised by section 46 of the Tramways
Act 1870 to be made by the promoters of any tramway and
their lessees may with respect to any tramways or portions of
tramways for the time being belonging to and worked by the
Corporation be made by the Corporation alone.
36.
Notwithstanding any provision in any Act relating to
any tramway by this Act transferred to the Corporation the
Conveyance of Mails Act 1893 shall extend and apply to any
such tramway as if the same had been authorised by an Act of
Parliament passed after the first day of January one thousand
eight hundred and ninety-three and to the Corporation as the
body or person owning or working any such tramway.
37.
Sections fifty-nine (Carriages may be moved by steam or
mechanical power) sixty (Penalty for using steam or mechanical
power contrary to Act or regulations) sixty-one (Byelaws)
sixty-two (Recovery of penalties) sixty-three (Amendment of
33 & 34 Vict. c. 78. as to byelaws by local authority) sixty-four
(Orders and byelaws) sixty-five (As to contracts with road
authorities where steam or mechanical power is to be used)
sixty-six (Where steam or mechanical power is used contract
with road authority not to be for longer than two years at a time)
eighty-one (As to use of steam or mechanical power by lessees)
of the Act of 1882 and section six (Provisions for protection of
the Postmaster-General) of the Act of 1887 are hereby repealed.
38.
The carriages used on the tramway undertaking or any
part thereof may be moved by animal power or subject to the
following provisions by mechanical power (that is to say) :
(1.) The mechanical power shall not be used except with the
consent of and according to a system approved by the Board
of Trade:
(2.) The Board of Trade shall make regulations (in this Act
referred to as " the Board of Trade regulations") for securing
to the public all reasonable protection against danger arising
from the use under this Act of mechanical power on the
tramway undertaking and for regulating the use of electric
power :
16
[61 & 02 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramways, $c.) Act, 1898.
(3.) The Corporation or any company or person using any AD-,s98-
mechanical power on the tramway undertaking contrary to
the provisions of this Act or of the Board of Trade regulations
shall for every such olience be liable to a penalty not exceeding
ten pounds and also in the case of a continuing offence to a
further penalty noi exceeding
tive
pounds for every day during
which such offence is continued after conviction
thereof:
(4.) The Board of Trade if they are of opinion
(a) That the Corporation or such company or person have
or has made default in complying with the provisions of
this Act or of the Board of Trade regulations whether a
penalty in respect of such non-compliance has or has not
been recovered ; or
(h) That the use of mechanical power as authorised under
this Act is a danger to the passengers or the public;
may by order either direct the Corporation or such company
or person to cease to use such mechanical power or permit
the same to be continued only subject to such conditions as
the Board of Trade may impose and the Corporation or such
company or person shall comply with every such order In
every such case the Board of Trade shall make a special
report to Parliament notifying the making of such order.
39.—(I.) For the purposes of working the tramway under- TWerto
taking or any part thereof the Corporation may erect construct generate
maintain or use dynamos and ether electrical apparatus steam ce n''>-
engines works and buildings and may construct, erect lay down
make and maintain on above or below the surface of any street
road or place posts electric conductors wires apparatus subways
tunnels cables tubes and openings.
(2.) For the purposes of working the tramway undertaking or
any part thereof the Corporation may subject to the provisions
of section 70 of the Blackburn Electric Lighting Order 1890 also
use the existing electrical generating station and works of the
Corporation and the lands belonging to the Corporation used or
intended to be used therewith (namely):
The generating station of the Corporation situate in George
Street and Bridge Street adjoining the gasworks of the
Corporation in Jubilee Street and bounded on the north by
the gasworks on the south by George Street on the east
by the Iiiver Blake water and on the west by the back road
between George Street and Jubilee Street:
And on such lands and not elsewhere the Corporation may erect
maintain and use the existing or such further engines dynamos
B " 17
[Oh. Clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
(Tramways, $<:> Act, 1898.
A.D.
1898.
machinery generating plant buildings works and apparatus as may
be necessary or expedient for carrying into effect the objects of
this Act.
Provisions 40. The following provisions shall apply to the use of electric
as to
use
of
p0Wer
Un.der this Act unless such power is entirely contained in
p^fe"0
and carried along with the carriages :
(1.) The Corporation shall employ either insulated returns or
uninsulated metallic returns of low resistance :
(2.) The Corporation shall take all reasonable precautions in
constructing placing and maintaining their electric lines
and circuits and other works of all descriptions and also in
working the tramway undertaking so as not injuriously to
affect by fusion or electrolytic action any gas or water pipes
or other metallic pipes structures or substances or to
interfere with the working of any wire line or apparatus
from time to time used for the purpose of transmitting
electric power or of telegraphic telephonic or electric
signalling communication or the currents in such wire line
or apparatus:
(3.) The Corporation shall be deemed to take all reasonable
precautions against interference with the working of any
wire line or apparatus if and so long as they adopt and
employ at the option of the Corporation either such insulated
returns or such uninsulated metallic returns of low resistance
and such other means of preventing injurious interference
with the electric wires lines and apparatus of other parties
and the currents therein as may be prescribed by the Board
of Trade regulations and in prescribing such means the
Board shall have regard to the expense involved and to the
effect thereof upon the commercial prospect of the tramway
undertaking :
(4.) At the expiration of two years from the passing of this
Act the provisions of this section shall not operate to give
any right of action in respect of injurious interference with
any electric wire line or apparatus or the currents therein
unless in the construction erection maintaining and working
of such wire lino and apparatus all reasonable precautions
including the use of an insulated return have been taken
to prevent injurious interference therewith and with the
currents therein by or from other electric currents :
(5.) If any difference arises between the Corporation and any
other party with respect to anything herein-before in this
section contained such difference shall unless tk. parties
18
[6i & 62
VICT.]
Blackburn
Corporation
[Ch. Clxvi.]
(TniMicuys, $<:> Art, 18'JS.
otherwise agree be determined by the Board of Trade or at A.D. i»ys.
the option of the Board by an arbitrator to be appointed by
the Board and the costs of such determination shall be in the
discretion of the Board or of the arbitrator as the case
may be :
(6.) The electric power shall be used only in accordance with
the Board of Trade regulations and in such regulations
provision shall be made for preventing fusion or injurious
electrolytic action of or on gas or water pipes or other
metallic pipes structures or substances and for minimising as
far as is reasonably practicable injurious interference with
the electric wires lines and apparatus of other parties and the
currents therein whether such lines do or do not use the
earth as a return :
(7.) The expression " Corporation
"
in this section shall include
lessees licencees and any person owning working or running
carriages over any tramway of the Corporation.
41.
Subject to the provisions of this Act the Board of Trade Byeiaws.
may make byeiaws with regard to any of the tramways upon
which mechanical power may be used for all or any of the
following purposes (that is to say) :
For regulating the use of any bell whistle or other warning
apparatus fixed to the engine or carriages ;
For regulating the emission of smoke or steam from engines
used on the tramway undertaking;
For providing that engines and carriages shall be brought to
a stand at the intersection of cross streets and at such places
and in such cases of horses being frightened or of impending
danger as the Board of Trade may deem proper for securing
safety ;
For regulating the entrance to exit from and accommodation
in the carriages used on the tramway undertaking and the
protection of passengers from the machinery of any engine
used for drawing or propelling such carriages;
For providing for the due publicity of all byeiaws and Board
of Trade regulations in force for the time being in relation
to the tramway undertaking by exhibition of the same in
conspicuous places on the carriages and elsewhere :
Any person offending against or committing a breach of any
of the byeiaws made by the Board of Trade under the authority
of the Act shall be liable to a penalty not exceeding forty shillings.
B 2 W
[Oil. clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
(Trammt/s, $c.) Act, 1898.
A.D.
1898.
42. Any penalty under this Act or under any byelaws or
regulations made under this Act may be recovered in manner
Recovery
of
penalties.
Amendment
of
Tramways
Act
1870 as
to
byelaws
by
local
authority.
Orders
&c.
of
Board
of
Trade.
For
protec-
tion
of
Postmaster-
General.
provided by the Summary Jurisdiction Acts.
43.
The provisions of the Tramways Act 1870 relating to the
making of byelaws by the local authority with respect to the rate
of speed to be observed in travelling on the tramway undertaking
shall not authorise the local authority to make any byelaws
sanctioning a higher rate of speed than that authorised by this
Act or by the Board of Trade regulations at which engines are
to be driven or propelled on the tramway undertaking under
the authority of this Act but the local authority may if they
think fit make byelaws under the provisions of the Tramways
Aci 1870 for restricting the rate of speed to a lower rate than that
so authorised.
44.
All orders regulations and byelaws made by the Board
of Trade under the authority of this Act shall be signed by a
secretary or an assistant secretary of the Board.
45.
In the event of the tramway undertaking or any part
thereof being worked by electricity the following provisions shall
have effect:
(1.) The Corporation shall construct their electric lines and
other works of all descriptions and shall work the tramway
undertaking in all respects with due regard to the telegraphic
lines from time to time used or intended to be used by
Her Majesty's Postmaster-General 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 the tramway under-
taking to prevent injurious affection whether by induction
or otherwise to such telegraphic lines or the currents therein
If any question arises as to whether the Corporation have
constructed their electric lines or other Avorks or work the
tramway undertaking in contravention of this subsection
such question shall be determined by arbitration and the
Corporation shall be bound to make any alterations in or
additions to their system which may be directed by the
arbitrator:
(2.) If any telegraphic line of the Postmaster-General is
injuriously affected by the construction by the Corporation
of their electric lines and works or by the working of
the tramway undertaking the Corporation shall pay the
expense of all such alterations in the telegraphic lines of the
20
[61 & 62 Virr.] BlavBum
Corporation
[Ch. Clxvi.]
(Tramirtys, $c.) Act, 1898.
Postmaster-General as may be necessary to remedy such A.D. 1898.
injurious affection:
(3.)—(A.)
Before any electric line is laid down or any act or
work for working any tramways of the Corporation by
electricity is done within ten yards of any part of a telegraphic
line of the Postmaster-General (other than repairs or the
laying of lines crossing the line of the Postmaster-General
at right angles at the point of shortest distance and so
continuing for a distance of six feet on eacli side of such
point) the Corporation or their agents not more than twenty-
eight nor less than fourteen days before commencing the
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 or special) as may from time to time be made
by the Postmaster-General for the purpose of preventing
any telegraphic line of the Postmaster-General from being
injuriously affected by the said act or work;
(B.)
Any difference which arises between the Postmaster-
General and the Corporation or their agents with respect to
any requirements so made shall be determined by arbitration :
(4.) In the event of any contravention of or wilful non-
compliance with this section by the Corporation or their
agents the Corporation shall be liable to a fine not exceeding
ten pounds for every day during which such contravention or
non-compliance continues or if the telegraphic communication
is wilfully interrupted not exceeding fifty pounds for every day
on which such interruption continues :
(5.) 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 cognizance of the case that the
immediate doing of the act or execution of the work was
required to avoid an accident or otherwise was a work of
emergency and that they forthwith served on the postmaster
or sub-postmaster of the postal telegraph 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 :
(0.) 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
B 3 21
[Ch.
clxvi.]
Blackburn
Corporation
[61 & 62 VICT.]
{Tramways, $c.) Act, 1898.
A.D.
1898.
-manner affected by such act or work or by any use made of
such work :
(7.) For the purposes of this section and subject as therein
provided sections 2 8 9 10 11 and 12 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 sections without prejudice nevertheless to any operation
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 7 of the Telegraph Act 1878 in relation to the matters
mentioned in that section :
(8.) The expression " electric line " has the same meaning in
this section as in the Electric Lighting Act 1882 :
(9.) 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
application of either party whose decision shall be final and
sections 30 to 32 both inclusive of the Eegulation of Railways
Act 1868 shall apply in like manner as if the Corporation or-
their agents were a company within the meaning of that Act:
(10.) Nothing in this section contained shall be held to deprive
the Postmaster-General of any existing right to proceed
against the Corporation by indictment action or otherwise in
relation to any of the matters aforesaid :
(11.) In this section the expression "the Corporation" includes
their lessees and any person owning working or running
carriages on any of the tramways of the Corporation :
(12.) The provisions of this section shall so far as the working
of the tramway undertaking or any part thereof by electricity
is concerned be in substitution for the provisions of section 10
(Notice of works with plan to be served on the Postmaster-
General) of the Blackburn P:iectric Lighting Order 1890 and
the provisions of that Order shall not apply to the supply of
electricity for working the tramway undertaking or any part
thereof.
Power
to
46. Subject to the provisions of this Act the Corporation may
reconstrurt
rePair
alter and ^construct the tramway undertaking or any part
tramway, thereof as they may see fit and may construct erect lay down and
maintain in over or under the surface of any street all such works
as may be necessary or expedient for the purpose of adapting the
tramway undertaking or any part thereof to the use of electric
or other mechanical power.
22
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
{Tramways,
8?c.)
Act, 1898.
A.D.
1898.
47.
The tramway revenue shall be applied.
(1.) In maintaining the tramway undertaking and so much of ofreVenueof
fhe street in which the same is laid as is required to be undertaking.
maintained and kept in good repair and condition by the
promoters of tramways by section 28 of the Tramways Act
1870 ;
. (2.) In paying all working and other expenses in connexion
with the tramway undertaking properly chargeable to
revenue;
(3.) In providing the interest on any money raised or borrowed
by the Corporation under the powers of this Act together
with the amount necessary to be paid into a sinking fund or
redemption fund to provide for the repayment of the money
so borrowed;
(4.) The surplus if any after providing for such payments as
aforesaid may be transferred by the Corporation if they think
fit to a reserve fund or renewal fund for the purposes of
the tramway undertaking or into a suspense account or in
extending and developing the tramway undertaking or in
increasing the amount required to be paid into any sinking
fund or redemption fund in respect of money borrowed by
the Corporation for tramway purposes but subject as herein-
after mentioned no part of the surplus shall be paid to the
credit of any rate until a reserve fund of at least ten thousand
pounds shall have been provided Provided that if and
whenever there shall be remaining in the hands of the
Corporation after payment of the charges herein-before
provided for any surplus on account of tramway revenue such
surplus shall be carried to the credit of the general district
fund and such reserve fund or renewal fund may be invested
by the Corporation in any security authorised by this Act for
the investment of sinking funds and reserve funds ;
(.0.) In case the tramway revenue shall be insufficient to meet
the charges upon it the deficiency may be provided by the
Corporation out of the general district rate provided that
the amount so paid out of the general district rate may be
replaced out of any future surplus as and when the Corporation
may think fit.
48.
The provisions of section 50 of the Blackburn and Over
s#^f'"8
Darwen Tramways Act 1879 (As to corporations of Blackburn and r>k.k»
Over Darwen) and section 96 of the Act of 1882 (Extending :^^r
provisions of section 59 of the Blackburn and Over Darwen Tnunwny,
Tramways Act 1879) shall a.s from the passing of this Act and A,'f 18J;>
, . . , ,
I'll 1 "ni1 s- ^6 Ol
subject to the provisions of those sections respectively be read Acto!is82.
15 I *}
[Oh. clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
(Tramways, §c.) Act, 1898.
A.D.
1898.
Extending
P.
53 of
Act of 1882.
For pro-
tection of
Darwen
Corporation.
and have effect so as to authorise the Corporation as well as any
licencees of the Corporation to run carriages with flanged wheels
over and upon the tramways by the Blackburn and Over Darwen
Tramways Act 1879 authorised having a physical junction with
any tramways or tramway of the Corporation and the reciprocal
powers granted to the Blackburn and Over Darwen Tramways
Company by the said sections or either of them for running
carriages with flanged wheels over tramways within the borough
shall if and whenever the Corporation shall exercise the powers
hereby extended to them apply to and be exerciseable by the
company.
49.
The provisions of section 53 (Enabling Corporation to
grant licences over certain tramways having physical junction
with tramways authorised by this Act) of the Act of 1882 shall
from the passing of this Act be read and have effect so as
to authorise the Corporation as Avell as any licencees of the
Corporation to run carriages with flanged wheels over and upon
any tramway belonging to the Accrington Corporation having a
physical junction with any tramway belonging to the Corporation
or over which the Corporation shall have the right to run carriages
and in the event of the Accrington Corporation at any time
hereafter obtaining powers to work and working any tramway
within the borough of Accrington having a physical junction
with any tramway belonging to and worked by the Corporation
so as to authorise the Accrington Corporation to run their
carriages over and upon any such last-mentioned tramway and
the provisions of the said section as to the exercise by the
licencees of the Corporation and the Accrington Corporation of
the powers thereby conferred respectively shall in either of the
events in this section provided for apply to the Corporation and
the Corporation of Accrington respectively.
50.
For the protection of the mayor aldermen and burgesses
of the borough of Darwen (in this Act called " the Darwen
Corporation ") the following provisions shall have effect (that is
to say) :
(1.) The provisions contained in the sections of this Act of
which the marginal notes are-
Power to work the undertaking and new tramways :
Tolls;
*
Regulations;
Provisions as to motive power;
Power to generate electricity ;
Power to repair and reconstruct tramways;
Power to attach conductors wires &e. \
24.
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramways, §e.) Act, 1898.
shall not except with the consent in writing of the Darwen A.D. 1898.
Corporation extend or apply to any part of the tramway
undertaking within the borough of Darwen :
(2.) In the event of the Darwen Corporation exercising the
powers conferred upon them by section 61 of the Blackburn
and Over Darwen Tramways Act 1879 of purchasing so much
of the undertaking by that Act authorised as lies within
the borough of Darwen aiui in the event of the Darwen
Corporation at any time hereafter obtaining powers to place
and run carriages with flanged wheels on any tramway within
the borough of Darwen having a physical junction Avith any
tramways now belonging to the Blackburn and Over Darwen
Tramways Company the following provisions shall (subject
and without prejudice to the rights of the Blackburn and
Over Darwen Tramways Company under that section)
have effect (that is to say) The provisions of section 59 of
the said Act of 1879 shall subject to the provisions of
that section be read and have effect so as to authorise the
Darwen Corporation as well as any licencees of the Darwen
Corporation to run carriages with flanged wheels over and
upon the tramways referred to in that section in respect of
which the Darwen Corporation are by that section authorised
to grant licences.
51.
For the protection of the Blackburn and Over Darwen por pr0_
Tramways Company (in this section called " the company ") the tection
of
following provisions shall have effect (that is to say): amlOver"
H.) Where any of the tramways cross on the level any existing Darwen
tramway of the company the Corporation shall give seven Tramways
. . / ,i PI-- Company.
days notice m writing to the company ot their intention to
commence any works which may affect or in anywise interfere
with the structural works of the company's tramways and all
such crossings shall be made to the reasonable satisfaction
of the engineer of the company in accordance with detailed
plans and sections submitted to and reasonably approved by
him and at the cost in all respects of the Corporation and so
as to interfere as little as possible with the traffic passing
over or along the Company's tramways :
(2.) The tramway undertaking shall not nor shall any part of
it be so worked or used as to cause any interruption or
impediment to the traffic on the company's tramways or the
use thereof and particularly (but without prejudice to the
generality of this provision) no carriage used on the tramway
undertaking shall be permitted to cross any of the company's
25
[Oil. clxvi.] Blackburn
Corporation
{Tramways, fyc.) Act, 1898. [61 & 02 VICT.]
A.D.
1898.
Extending
s. 97 of
Act
of 1882
as
to
purchase
by
urban
district
councils
of
tramways while any carriage is passing or about to pass over
or along such tramway at or near any such crossing as
aforesaid and with the object of preventing accidents the
carriages running on any of the tramways included in the
tramway undertaking shall stop immediately before crossing
the company's tramways at any point:
(3.) The provisions contained in the sections of this Act of
which the marginal notes are
Power to alter level of rails ;
Passing places to be constructed where less than a certain
width left between footway and tramway ;
Byelaws; and
Recovery of penalties ;
shall not nor shall any or either of them (except with the
consent in writing of the company) operate with respect to or
extend or apply to any part of the company's tramways or
works so long as such tramways or works shall remain the
property of or be worked by the company :
(4.) In no event shall the Corporation place or run any car or
other vehicle propelled by any motive power (animal power
excepted) other than that for the time being in use by the
company on any tramway of the company so long as such
tramway shall remain the property of or be worked by the
company :
(5.) The Corporation shall not be entitled to in any way
physically interfere with or alter any tramway or work of the
company except so far as may be necessary for constructing
any crossing by this Act authorised and then subject in all
respects to the provisions of Part I. of this section :
(6.) Nothing in this Act contained shall authorise the
Corporation to acquire compulsorily any tramway works
land building or other property or effect of the company :
(7.) If any difference arises between the Corporation and the
company with respect to any of the provisions of this section
the same shall be settled in the manner specified in section
thirty-three of the Tramways Act 1870 for the settlement of
differences in the said section mentioned.
52.
In the event of the urban district councils of Church
and Oswaldtwistle or either of them exercising the powers of
purchasing the tramways constructed by the Corporation within
their respective districts the provisions of section 97 (For
protection of the local boards of Church and Oswaldtwistle) of
the Act of 1882 subsection K shall as from the passim? of this Act
26 '
[61 & 62 VICT.] Blackburn
Corporation
[CL
clxvi.]
{Tramways, tyc.) Act, 1898.
be read and have effect so as to authorise the Corporation as well A.T). 1898.
as any licencee of the Corporation to run carriages with flanged c, ~7~ ,
wheels upon and over the rails of any tramway within the Oswald-
respective districts of the said urban district councils having a twist,e of
physical connexion with any tramway belonging to the Corpora- wh^their
tion or over which the Corporation shall have the right to run districts.
carriages and the provisions of the said sub-section as to the
exercise of the powers thereby conferred by the licencees of the
Corporation shall apply to the Corporation.
53.
lor the protection of the Lancashire and Yorkshire Forprotec-
Railway Company (in this section called "the company") the t»°i»of
following provisions shall unless otherwise agreed between the ami York-
Corporation (which expression in this section shall include any shire
local authority by whom the powers of this Act may be Company in
exercised) and the company be observed and have effect (that respect
of
is
to say) : " tramways.
(1.) In repairing altering or reconstructing the tramway
undertaking or any part thereof under the powers of this Act
or in constructing and maintaining any pipes and excavations
under the tramways forming part of the tram
way
undertaking
in order to lay use or maintain wire ropes or cables or
any similar apparatus as a motive power for the carriages
running on such tramways or any of them or in laying using
and maintaining any such wire ropes or cables or apparatus
in any place where such tramways cross any bridge carrying
any road over a railway of the company the following
provisions shall be in force and have effect and be binding
upon the Corporation and their assigns :
(A.)
The Corporation shall not (except with the consent
in writing of the company) in any way alter or interfere
with the- structure of any such bridge or of the
approaches thereto and they shall so repair alter or
reconstruct the said tramway undertaking and shall so
construct lay and maintain such pipes excavations
ropes cables and apparatus over such bridge and the
approaches thereto as not injuriously to affect the
structure
thereof;
(c.) In the event of any injury being caused to the
structure of any such bridge or approaches by such
repair alteration or reconstruction or by the construction
maintenance laying repairing user or removal of such
pipes excavations ropes cables and apparatus the
company may at the expense of the Corporation restore
27
[OIL Clxvl] Blackburn
Corporation
[61 & 62 VlCT.]
{Tramways,
Sfc.)
Act, 1898.
such bridge or approaches or the part or parts thereof
which may be so injured to as good a state and condition
as they were in before such injury was occasioned and
the Corporation shall indemnify the company against
all sums costs and expenses which they may pay or be
put to in repairing and maintaining so much of the road
over such bridge and approaches as the Corporation are
liable to maintain and repair under the twenty-eighth
section of the Tramways Act 1870 and the company
may recover from the Corporation all such sums costs
and expenses with full costs and charges by all and
the same means as any simple contract debt of like
amount is recoverable;
(c.) All works which may be necessary in repairing
altering or reconstructing the tramway undertaking or
in constructing laying and maintaining any of the said
pipes excavations ropes cables or apparatus over any
bridge works or other property of the company shall
be constructed and maintained in all things at the
expense of the Corporation and to the reasonable
satisfaction of the principal engineer of the company
or in case of difference of an engineer to be appointed
by the Board of Trade on the application of the company
or the Corporation:
(2.) Whenever and so often as the company shall require to
widen lengthen strengthen reconstruct alter or repair any
such bridge or approaches or to widen or alter their
railways or to lift or support any such bridge or approaches
owing to the subsidence thereof caused by the minerals
thereunder having been or being worked or gotten and they
shall find it necessary for effecting any of such purposes that
the working and user of any of the said tramways over such
bridge or approaches shall be wholly or partly stopped or
delayed or that such tramways shall be temporarily diverted
or be wholly or in part taken up or removed and shall except
in cases of emergency give to the Corporation seven clear
days'
notice in writing requiring such stoppage delay or
diversion taking up or removal the working or user of such
tramways shall be stopped or delayed or such tramways shall
be diverted or taken up or removed accordingly at the
expense of the Corporation and under the superintendence of
their engineer (if such engineer shall give such superin-
tendence) but only for so long as the company may find it to
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramways, $<:> Act, 1898.
be absolutely necessary for effecting such purpose and the A-D-1898«
company shall not be liable for any compensation claims
demands damages costs and expenses for or in respect of
such stoppage or delay or in any way relating thereto :
(3.) All differences that may arise between the Corporation and
the company touching anything to be done or omitted to be
done or not to be done or the reasonableness of any charges
or in any manner in connexion with this section shall be
settled by a referee to be nominated by the Board of Trade
under section 33 of the Tramways Act 1870 and such lastly
mentioned section shall apply to all differences arising
between the Corporation and the company touching all
matters and things done or omitted to be done or not to be
done by either the Corporation or the company under the
provisions of this section.
PAET III.—SEWERS.
54.
Subject to the provisions of this Act the Corporation Power to
may make maintain and use in the lines and situations and
maYG
new
i
iiii
ii •> i i ma,D con"
according to the levels shown on the deposited plans and sections duit
or
the works herein-after described with all proper works and pipes-
conveniences connected therewith respectively and may enter
upon purchase take and use such of the lands delineated on the
deposited plans and described in the deposited book of reference
or any of them as may be required for that purpose :
The works herein-before referred to and authorised by this Act
are the following:
A main conduit or pipes three miles nine hundred and
seventy-seven yards or thereabouts in length commencing
in the Preston New Road at Billinge End and terminating
by a junction with the existing sewer of the Corporation
on their sewage works at Samlesbury.
55.
The Corporation may in lieu of acquiring any lands in Corporation
the county of Lancaster acquire such easements and rights in such may acquire
lands as they may require for the purpose of constructing placing
ouiy
iu cer.
laying inspecting maintaining cleansing repairing conducting or tain lamb.
managing the works for main sewage conduits by this Act autho-
rised and may give notice to treat in respect of such easements
and rights and may in such notice describe the nature thereof
and the several provisions of the Lands Clauses Consolidation
Act 1845 inclusive of those with regard to arbitration and the
summoning of a jury shall apply to such easements and rights as
29
TCll Clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
(Tramtraj/s, $c.) Act, 1898.
A.D. 1898.
fully as if the same were lands Avithin the meaning of such Act
Provided always that nothing herein contained shall authorise the
Corporation to acquire by compulsion any such easement in any
case in which the owner in his particulars of claim shall require
the Corporation to acquire the lands in respect of which they have
o-iven notice to treat for the acquisition of an easement only and
every notice to treat for the acquisition of an easement shall be
endorsed with notice of this proviso.
Vertical ^Qm Whereas the said conduits and works run through lands
deviation. of guch a conformati0n that any lateral deviation from the lines
as shown upon the deposited plans may necessitate a vertical
deviation of a great extent and it may be advisable to accom-
modate landowners by making such lateral deviation Therefore
whenever any such lateral deviation is made to accommodate any
landowner then in the construction of any of the said works the
extent to which the Corporation may deviate vertically from the
level thereof as shown on the deposited sections shall be any
extent not exceeding five feet Provided that the Corporation
shall make compensation to all parties interested for any damage
sustained by them by reason of any deviation under the powers
of this section.
Lateral 57. Where the line of any works as shown upon the deposited
deviate.
p]ans passes
along any highway or other road bridge or street
and no limits of lateral deviation are shown on the deposited
plans the Corporation may in making the works deviate laterally
from the line thereof as laid down on the deposited plans to the
extent of the boundaries of such highways or other roads
bridges or streets respectively.
Time
for 58. The works by this part of this Act authorised shall be
completion completed within five years from the passing of this Act and
' if the same shall not be completed within that period then on
the expiration thereof the powers by this Act granted to the
Corporation for making and completing the same or otherwise
in relation thereto shall cease except as to so much thereof as
shall then be completed.
PART IV. -NEW STREET AND STREET
IMPROVEMENTS.
Power
to
59. Subject to the provisions of this part of this Act the
make^street Corporation may make and maintain in the lines and situations
and upon the lands shown upon the deposited plans and described
30
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramways, fyv.) Act, 1898.
in the deposited book of reference and according to the levels A-D-189b-
shown on the deposited sections the following new street and
street improvements (that is to say) :
(1.) A street or road commencing by a junction with Beech
Street and terminating by a junction with Whalley Old
Eoad :
(2.) An alteration and improvement of the level of the roadway
of Queen's Terrace:
(3.) A new road parallel with the present roadway of Queen's
Terrace from New Chapel Street to Canal Street:
(4.) A new street from the south end of Queen's Terrace to
King's Bridge:
(5.) To alter the level of and if necessary take down and
reconstruct widen and improve King's Bridge :
(6.) To widen alter and improve King's Bridge Street from
King's Bridge for 25 yards in a south-westerly direction :
(7.) To alter the level of take down reconstruct widen and
improve the bridge carrying Moorgate Street over the Leeds
and Liverpool Canal:
(8.) To widen alter and improve Stanley Street between Poll}
Street and Appleby Street.
60.
For the protection of the county council of the county Forprotec-
palatine of Lancaster (in this section referred to as " the county Lancashir
council5:) the following provisions shall apply and have effect (that County
JS
tO say) : Council.
(1.) Nothing in this Act contained shall tend to lessen or
control any right power or authority now vested in the county
council for altering amending or diverting any main road
repairable by the inhabitants of the said county which may
be affected by the works of the Corporation but all such
rights powers and authorities shall remain in as full force as
if this Act had not been passed and the said county council
shall not be liable to make any compensation whatever for
any damage or injury to the works of the Corporation by the
altering amending or diverting any main road or any portion
or portions thereof Provided that in altering amending or
diverting any main road or any part thereof nothing shall
be done to impede or interfere with the said works for
any greater length of time than shall be necessary for the
execution of the works of alteration amendment and diversion
and before commencing such alteration amendment or
diversion ten days notice shall be given to the Corporation by
31
rCh..
clxvij
Blackburn
Corporation
[61 & 62 VICT.]
(Tramways, $c.) Act, 1898.
A.D.
1898.
the said county council and the said county council shall
afford to the Corporation all necessary and reasonable
temporary facilities for enabling them to continue the works
by this Act authorised during such alteration amendment or
diversion:
(2.) The Corporation shall on demand pay to the county council
the reasonable costs which the county council may incur in
the repair and reinstatement of so much of any main road
upon which the conduit or line of pipes is laid as may be
injured or damaged by reason of the traffic being concen-
trated thereon during the construction alteration or repair
of the said conduit or line of pipes or any part or parts thereof
and in case of any dispute as to the amount of such costs the
sum shall be assessed by an independent surveyor to be
agreed on by both parties or to
be
appointed on the application
of either party by the Board of Trade Provided nevertheless
that such repairs and reinstatement may on the request of the
Corporation and with the consent of the county council be
executed by the Corporation :
(3.) The Corporation shall carry out their works of sewering in
under or upon the main road between Blackburn and Preston
in accordance with the plans and sections signed in triplicate
by the Chairman of the Committee of the House of Commons
to which this Act as a Bill was referred and a copy of such
plans and sections shall be deposited forthwith on the passing
of this Act in the Private Bill Office of the House of Commons
with the clerk of the peace for the county of Lancaster at the
county offices Preston and with the town clerk at the town
hall of Blackburn respectively :
(4.) Any paving metalling or material excavated by the
Corporation in the construction of the works from any main
road may be applied by the Corporation so far as may be.
necessary in or towards the reinstating of such road and the
Corporation shall if so required by the county council deliver
the surplus paving metalling or material not used or required
to be retained for the purposes aforesaid to the surveyor for
the time being of the county council or to such person or
persons as he may appoint to receive the same at such place
or places to be appointed by such surveyor not being further
distant than one mile from the place where such surplus
paving metalling or material may at the time of the making of
such requirements by the county council be lying Provided
that if within seven days after the setting aside of the surplus
[61 &
ti'2
VICT.J Blackburn
Corporation
[Ch. Clxvi.]
(Tramways, $c.) Act, 1898.
arising from the excavation of any such paving metalling or A.D. 1898.
material and notice duly given such surplus is not removed
by such surveyor or by some other person named by him for
that purpose such surplus paving metalling or material shall
absolutely vest in and belong to the Corporation and may be
dealt with removed and disposed of by them in such manner
as they think fit:
(5.) The Corporation shall maintain the parts of any main road
affected by the works by this Act authorised for such period
(not being less than twelve months from the date of the
efficient restoration thereof) as there shall be any subsidence
in the surface
thereof:
(6.) All works affecting any main road shall be executed under
the superintendence and to the reasonable satisfaction of the
county surveyor and the reasonable cost of such superin-
tendence and of the inspection approval or disapproval of
plans sections and specifications as aforesaid shall be paid
by the Corporation to the county council:
(7.) If any difference arises between the county council and the
Corporation touching anything to be or not to be done under
this section such difference shall be settled by an arbitrator
to be appointed by the Board of Trade.
61.
For the protection of the Lancashire and Yorkshire Railway For
protec-
Company (in this section called " the company") the following tion of
provisions shall be observed and have effect with respect to the .„'„i '
construction of the street or road between Beech Street and Yorkshire
Whalley Koad (in this section called " the new street ") and the
J*aLlwa.v
.
widening alteration and improvement of Stanley Street (in this respect
of
section called "the street widening") by this Act respectively street works
authorised (that is to say) :
(1.) In constructing the new street where the same is intended
to pass under the company's railway the Corporation shall
construct a bridge of the full width of the railway and the
Corporation shall if and when at any time hereafter the
company require to widen their said railway on either side
thereof permit the company to enlarge and extend the said
bridge so as to admit of the said Avideniug being constructed
over the new street at the same level as the existing railway
and such extension or enlargement as well as the said bridge
shall be constructed subject to and in accordance with the
provisions of this section and the upper surface of the floor
of such bridge and any extension thereof shall be at a unifonn
level of two feet at least below the level of the existing rails
[Ch.
Clxvl]
Blackburn
Corporation
[Gl & 62 VICT.]
{Tramways,
Sfc.)
Act, 1898.
A.D.
1898. on the said railway at the point of crossing and the new
street shall be constructed at such level as to admit of the
provisions of this subsection being complied with and the
Corporation shall repay to the company such costs as they
shall incur in carrying out such widening beyond the cost
which would have been thereby borne by the company if
such street had not been constructed :
(2.) The Corporation shall construct the new street and the
street widening where the same will pass under the company's
railway and all the works both temporary and permanent
necessary and incident to such construction so far as they
affect the property and works of the company in accordance
with the provisions of this section and according to such
plans sections and specifications and of such quality and
strength of materials and in every other respect as shall
be previously submitted to and approved in writing by the
principal engineer of the company and the Corporation shall
not commence the construction of the said works or enter
upon or interfere with any land works or property belonging
to or used by the company until such plans sections or
specifications have been so submitted and approved Provided
that the said principal engineer shall approve or disapprove
such plans sections or specifications within one month from
the submission thereof otherwise such plans shall be deemed
to have been approved by him Provided always that in case
the said principal engineer shall disapprove of such plans and
specifications then if the Corporation and the company fail
for the space of one month after such disapproval to agree
upon such plans and specifications the same shall be settled
by an engineer to be nominated or appointed in manner
herein-after provided:
(3.) If the company shall for the purpose of widening their said
railway as aforesaid require to enlarge and extend the said
bridge so as to admit of the said widening being constructed
over the said new street as aforesaid the works both
temporary and permanent necessary and incident to such
enlargement and extension shall be carried out by the
company according to such plans sections and specifications
and shall be of such quality and strength of materials as shall
be previously submitted to and approved by the surveyor
and the provisions of the last preceding subsection shall
apply mutatis mutandis to the works plans sections and
specifications referred to in this subsection as if the words
34
[61 & 62 VICT.] Blackburn
Corporation
[Ch.
clxvi]
(Tramways, ) Act, 1898.
the surveyor had been used therein in place of the words A.D. 1898.
the principal engineer of the company and principal engineer """
and as if the word corporation had been used therein in
place of the word company and the word company in place
of the word corporation wherever such words respectively
occur:
(4.) The new street and the street widening and all works
necessary or incident to the construction thereof so far as
the same affect the property or works of the company shall
subject as herein-after provided be executed by and in all
things at the expense of the Corporation and under the
superintendence and to the reasonable satisfaction of the said
principal engineer and the enlargement and extension of the
said bridge and all works necessary or incident thereto shall
be executed by the company and under the superintendence
and to the reasonable satisfaction of the surveyor :
(5.) The Corporation and the company may contract for the
carrying out and construction of all works for the said new
street and street widening by the company so far as they
pass under the railway of the company on such terms and
conditions as may be mutually agreed between them :
(6.) The Corporation shall not (except with the previous
consent of the company under their common seal) purchase
or acquire any lands or property of the company but the
Corporation may purchase and take and the company shall
sell and grant accordingly an easement or right of using so
much of the lands of the company as may be necessary for
the construction of the new street and the street widening in
accordance with the provisions of this section :
(7.) During the construction of the new street and the street
widening across and adjoining or affecting the railways
property and works of the company the Corporation shall
bear and on demand pay to the company all expense of
employment by them of a sufficient number of inspectors or
watchmen to be appointed by the company for watching their
railways property and works with reference to and during
the execution of the intended works and for preventing as
far as may be all interference obstruction danger and accident
which may arise from any of the operations or from the acts
or defaults of the Corporation or their contractors or any
person or persons in the employment of the Corporation or
their contractors with reference thereto or otherwise :
C 2 35
[Ch.
clxvi.] BlucHvrn
Corporation
[61 & 62 VICT.]
(Tramways, $c.) Act, 1898.
A.D.
1898.
(8.) The Corporation shall at all times maintain the bridges
and other works connected therewith and incident thereto by
which the new street and the street widening shall be carried
under or shall adjoin the railways works and lands of the
company (including the bridge to carry the widening of the
railway when constructed over the new street) in substantial
repair and good order to the reasonable satisfaction in all
respects of the said principal engineer and if and whenever
the Corporation fail so to do the company may make and
do in and upon as well the lands of the Corporation as their
own lands all such works repairs and things as they may
reasonably think requisite in that behalf and the reasonable
amount of such expenditure shall be repaid to the company
by the Corporation:
(9.) Notwithstanding anything in this Act contained the
Corporation shall be responsible for and make good to the
company all costs losses damages and expenses which may be
occasioned to the company or to any of their railways works
or property or to the traffic thereon or otherwise by reason
of the execution or failure of the bridges and other works by
which the said new street and the street widening shall be
carried under or shall adjoin the railways works and lands
of the company and the works in connexion therewith or
of any act or default of the Corporation or their contractors
or of any of the persons in the employ of the Corporation or
of their contractors or others and the Corporation shall
effectually indemnify and hold harmless the company from all
claims and demands upon or against them by reason of such
execution or failure and of such act or omission :
(10.) If any difference shall arise between the respective
engineers of the Corporation and the company as to the
reasonableness of the said plans sections specifications or
materials or as to anything to be done or not to be done
under the provisions of this section or as to the amount of
any cost damages or expenses to be paid by the one to the
other such difference shall be referred to and be determined
by an engineer to be mutually nominated by such respective
engineers or failing agreement to be appointed by the
president of the Institution of Civil Engineers on the
application of the Corporation or the company :
(11.) The Corporation and the company may agree for any
variation or alteration in the works in this section provided
for or in the manner in which the same shall be executed.
36
[1)1 &
2
VICT.] Blackburn
Corporation
[Ch.
Clxvi]
(Tramways, $c.) Act, 1898.
62.
For the protection and benefit of the Leeds and Liverpool A.D. 1898.
Canal Company (in this section called " the canal company ") the For ~~ec.
following provisions shall have effect (to wit):
tion
of
Leeds
(1.) The Corporation in forming laying down working using ^jiclnai
and maintaining Tramway No. 5 by this Act authorised shall Company.
not under any circumstances decrease the height of the arch
of the bridge by which Lower Audley Street is carried over
the canal and towing-path of the canal company or diminish
the waterway under such archway:
(2.)—(a.) The Corporation shall carry out the works for
alteration of the level of taking down reconstruction widening
or improvement of King's Bridge and Moorgate Fold Bridge
respectively or either of them across the canal towing-path
works and lands of the canal company in accordance with the
plans and sections signed in triplicate by the Chairman of the
Committee of the House of Commons to which this Act as
a Bill was referred and a copy of such plans and sections
shall be deposited forthwith on the passing of this Act in the
Private Bill Office of the House of Commons and with the
canal company at their office at Liverpool and with the town
clerk at the town hall Blackburn respectively;
(IK)
In reconstructing Avidening or improving the said
bridges respectively or either of them across the canal toAving-
path works and lands of the canal company the Corporation
shall not deviate from the position or from the levels of
or mode of carrying out such reconstruction Avidening or
improvement of the said bridges respectively as shoAvn on
the plans and sections so signed and deposited as albresaid ;
(/•.) The Corporation shall not otherwise than by agreement
purchase or take any land of the canal company but the
Corporation may purchase and take and the canal company
may and shall sell and grant accordingly easements or rights
of using the land required for the reconstruction or Avidening
of the said bridges respectively for a Avidth of roadway not
exceeding the existing Avidth of King's Bridge Street and
Moorgate Street respectively;
(d.) Any works over the canal towing-path works and lands
of the canal company and any approaches thereto. shall be
carried over the same by means of good and substantial
bridges of brick stone iron or steel to be constructed by
the Corporation at their own expense ;
(e.) The bridges shall be constructed with perpendicular
piers or abutments with only one opening or span of a Avidth
oi not less than forty feet so as to alloAv the waterway and
towing-path under the bridges respectively to be widened
.) Oi
[Ch.
Clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
{Tramways, tyc.) Act, 1898.
A.D.
1898.
by the canal company to that width and the clear height of
the under side of the beams or girders of the bridges above
the top-water level of the canal shall not be less than eleven
feet in the centre thereof and not less than ten feet six inches
at the piers or abutments;
(/) The space between the piers or abutments of the
bridges (except so much thereof as the towing-path will
occupy) shall at all times after the completion of the bridges
(except during necessary repairs or reconstruction) be left and
preserved an open and uninterrupted navigable waterway;
(g.) The Corporation shall at their own expense maintain
the bridges and the works thereof of the height and width
and so constructed as aforesaid and in perfect repair at all
times and the cost of such maintenance shall be paid as to
one third thereof by the canal company and as to two thirds
thereof by the Corporation who may recover from the canal
company all sums from time to time payable by the canal
company in respect of such maintenance but such contri-
bution by the canal company shall not include or be deemed
to include any portion of the cost of paving repairing or
maintaining the surface of the roadway over the said bridges
and the approaches to the same :
(3.) If and whenever the height of the under side of the beams
or girders of King's and Moorgate Fold Bridges respectively
shall by subsidence of the ground be lowered below the height
herein-before prescribed then the Corporation shall at their
own expense restore the same to the height herein-before
prescribed as soon as reasonably may be Provided always
that this clause shall not extend so as to make the Corpora-
tion liable for the expense of restoring any subsidence of the
the said bridges caused by any works or acts of the canal
company :
(4.) The Corporation shall make good all damage that may be
occasioned to the works or property of the canal company
by the construction renewal or want of repair of any of the
works of the Corporation or by any such subsidence as
aforesaid; but
'(a.) in every case of pressing necessity; and
(b.) in every other case if for seven days after notice in
writing thereof given to the Corporation by the canal
company the Corporation neglect to proceed with due
diligence to make good such damage ;
the canal company may if they think fit make good the
damage and the amount expended by them in so doing shall
be repaid to them by the Corporation:
38
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramways, $c.) Act, 1898.
(5.) If and whenever by any act or omission of the Corporation A.D. 1898.
any part of the canal or towing-path shall be obstructed
or rendered dangerous to boats barges or other vessels
navigating or using the canal the Corporation shall pay to
the canal company as or by way of ascertained damages the
sum of two hundred pounds for every day during which the
obstruction or danger shall continue and so in proportion for
any less time than a day :
(6.) Provided that nothing in this Act contained shall prevent
the canal company or any owner of boats or barges from
recovering from the Corporation (in addition to the ascertained
damages herein-before mentioned) any special damage that i-
may be sustained by the canal company or such owner in
consequence of the stoppage or hindrance to the traffic upon
the canal or in consequence of the works to be executed by
the Corporation or by the canal company for the Corporation
under the provisions herein-before contained or by reason of
any such subsidence as aforesaid or on account of any other
act or omission of the Corporation:
(7.) All questions and differences which may at any time arise
between the Corporation and the canal company as to the
construction or effect of this section or the performance
observance non-performance or non-observance of any of
the provisions thereof or any matters connected therewith or
consequent thereon shall be determined by an arbitrator to be
appointed in case of disagreement by the Board of Trade :
(8.) Nothing in this section contained shall affect the option
given to the canal company by the provisions conditions and
stipulations mentioned or referred to in section 73 of the
Leeds and Liverpool Canal Act 1891 to purchase and make
compensation or to agree to purchase and make compensation
for any minerals nor shall their omission or unwillingness to
purchase or make compensation for minerals be or be deemed
to be a neglect or default by them.
63.
The Corporation and the Lancashire and Yorkshire Power to
Railway Company may enter into and carry into effect agreements ^Lanca*
for altering widening and improving the following bridges under shire and
the railway of that company or any of them (that is to say): ^iri^!,i.re
(1.) The bridge carrying the said railway over Galligreaves Company to
Street: . «'i.k-n aid
o
i o iraprovo
(2.) The bridges carrying the said railway over Stanley Street: bridges.
(3.) The bridge carrying the railway over Albert Street.
C 4 39
[Ch. elxvl]
A.D 1898.
For protec-
tion of
Loudon and
North West-
ern Railway
Company.
Blackburn
Corporation
{Tramways, $c.) Act, 1898. [61 & 62 VICT.]
Peiiod for
completion
of works,
Limits of
lateral and
veitical
deviation.
Power to
make sub-
sidiary
work?.
64.
For the protection of the London and North Western
Kailway Company (herein-after referred to as " the North Western
Company ") the following provisions shall apply and have effect :
In altering widening and improving the bridge carrying the
Lancashire and Yorkshire Kailway over Galligreaves Street
the Corporation shall not do or permit to be done anything
either by steepening the gradients of such street or otherwise
which may render the access to and from the North Western
Company's goods yard in such street less convenient *than at
present.
65.
The works authorised by this part of this Act shall be
completed within five years from the passing of this Act and on
the expiration of that period the powers by this Act granted to
the Corporation for executing those works or otherwise in relation
thereto shall cease to be exercised except as to so much thereof
as shall then be completed Provided that the cesser of those
powers shall not prevent the Corporation from executing from
time to time thereafter any works in connexion with so much of
those works as is then completed.
66.
Subject to the provisions of this part of this Act the
Corporation in the construction of the new street and street
improvements by this Act authorised may deviate laterally from
the lines thereof as shown on the deposited plans to the extent
of the limits of lateral deviation shown thereon and where in
any street no such limits are shown the boundaries of such street
shall be deemed to be such limits and they may deviate vertically
from the limits shown on the deposited sections to any extent not
exceeding two feet upwards or downwards.
67.
Subject to the provisions of this Act and within the limits
defined on the deposited plans the Corporation in connexion
with the street improvements authorised by this Act and for
the purposes thereof may make junctions and communications
with any existing streets which may be intersected or interfered
with by or be contiguous to the said new street and street
improvements and may make diversions widenings or alterations
of lines or levels of any existing streets for the purpose of
connecting the same with the said new street and street
improvements or of crossing under or over the same or otherwise
and may alter divert stop up inclose use or appropriate all
or any part of any street square place court alley or passage
whether a thoroughfare or not or of any thoroughfare road lane
or way or of any drain sewer channel void ground or other
40
[61 & 62 VlCT.] Blavkbum
Corporation
[Ch. Clxvi.]
(Tramway*, fyv.) Act, 1898.
property shown on the deposited plans the Corporation providing A.D. 1898.
a proper substitute before interrupting the flow of sewage in any
drain or sewer Provided that the provisions of section 308 of
the Public Health Act 1875 (Compensation in case of damage
by local authority) shall apply as if the acts done under the
authority of this section were done in exercise of the powers
of that Act.
68.
The Corporation within the limits of deviation defined Power to
upon the deposited plans may raise sink or otherwise alter or a!ter st.eps
liii " PI areas pipes
cause to be altered the position of any of the steps areas cellars &c.
windows and channels pipes or spouts belonging to any house or
building and also the drains mains and the leaden or other pipes
which for the purpose of conveying water or gas to any house
or other place shall be laid into or from any main or pipe laid
down by the Corporation and may remove all other obstructions
so as the same be done with as little delay and inconvenience
to the inhabitants as the circumstances of the case will admit
and the provisions of section 308 of the Public Health Act
1875 shall apply as if the acts done under the authority of this
section were done in exercise of the powers of that Act.
69.
The Corporation may cause such part of the streets p0wer to set
improved by them under the provisions of this part of this Act °ut carriage-
to be laid out for a carriageway and footway respectively as they ^w""v
think proper.
70.
The Corporation may sell the materials of the houses
Tower to sell
and buildings which may be purchased or taken by them under materials.
the powers of this part of this Act.
71.
The sites of all houses and all lands purchased by the Lauds kid
Corporation under the powers of this part of this Act and laid lut0 new
into and appropriated for streets shall when and so soon as the public high-
same are so laid into and appropriated for streets be and for ever ^aj>.
thereafter form part of the public streets and shall be repaired
and maintained and kept in repair in such and the same way
and manner as the streets in the borough are for the time being
by law maintained repaired and kept in order.
PART V.—LANDS.
72.
Subject to the provisions of this Act the Coi'poration Compulsory
may enter upon take and use compulsorily or by agreement all or
[aunr^ase
of
any of the lands shown on the deposited plans and described in
41
[Ch. clxvi.] Blackburn
Corporation
(
Tramways,
#) Act, 1898. [61 & 62 VICT.]
A CI,.
A.D.
1898.
the deposited book of reference as they may require for the
purposes of the works by this Act authorised and as regards the
said new street and street improvements for the purpose of
securing sites for the erection of suitable houses and buildings
adjoining thereto.
Period for 73. The powers of the Corporation for the compulsory
Cu™fie°ry
Purcnase
of lands easements or rights for the purposes of this
rfknds! Act shall cease after the expiration of three years from the passing
of this Act.
Power to 74. Subject to the provisions of this Act the Corporation
?ZirrPfofe
maY with tlie sanction of the Local Government Board appropriate
purposes of and use for any of the purposes of this Act or the Local Acts or
any other authority under which they are authorised to acquire
lands any lands from time to time belonging to them as part
of their corporate estate or vested in them as a sanitary authority
and which are not required for the purposes for which the same
were acquired.
75.
The Corporation may (in addition to any lands they are
authorised to acquire and hold under the powers of this Act)
acquire any lands necessary for all or any of the purposes of this
Act or the Local Acts or any of them by agreement either in fee
simple by purchase or by way of exchange or on lease for a term
of which five hundred years at the least shall remain unexpired
Provided that the Corporation shall not create or permit a nuisance
on any such lands.
Considera- 76. The consideration for any such acquisition may be either
tion for
such
monev or
ian(i
or a mixed consideration of money and land and
acquisition. ^ . , . . J
on any exchange the Corporation may give or take any money for
equality of exchange.
Additional
lands hj
agreemenr.
Correction
of errors &c.
in deposited
plans and
book of
reference.
77.
If there be any omission misstatement or wrong description
of any lands or of the owners lessees or occupiers of any lands
shown on the deposited plans or specified in the deposited book
of reference the Corporation after giving ten days' notice to
the owners lessees and occupiers of the lands in question may
apply to two justices (not being members of the council) for
the correction thereof and if it appears to the justices that
the omission misstatement or wrong description arose from a
mistake they shall certify the same accordingly and they shall in
their certificate state the particulars of the omission and in what
respects any such matter is misstated or wrongly described and
such certificate shall be deposited with the clerk of the peace
42
[61 & 62 VlCT.] Blacklmrn
Corporation
[Ch.
Clxvt]
(Tramways,
SfC.)
Act, 1898.
for the county of Lancaster and a duplicate thereof shall also be A.D. 189?.
deposited with the town clerk and such certificate and duplicate
respectively shall be kept by such clerk of the peace and town
clerk respectively with the other documents to which the same
relate and thereupon the deposited plans and book of reference
shall be deemed to be corrected according to such certificate and
it shall be lawful for the Corporation to take the lands and
execute the works in accordance with such certificate.
A copy of or an extract from such certificate purporting to
be under the hand of the clerk of the peace aforesaid (which
copy or extract shall be given when required under his hand
to any person interested) shall be conclusive evidence of such
correction.
78.
The Corporation may but (save as regards the sewer
Purchase of
by this Act authorised) by agreement only purchase any right easeraents-
to take any easement (not being an easement or privilege of
water in which persons other than the grantors have an interest)
which they may require for the purposes of this Act and for the
purpose of every such purchase the term " lands" in the Lands
Clauses Acts shall be deemed to include " easements."
79.
Persons empowered by the Lands Clauses Consolidation Persons em-
Act 1845 to sell and conveyor release lands may if they think P^red
by-
fit subject to the provisions of the Lands Clauses Acts and
Clauses Acts
of this Act grant to the Corporation any easement right or
to
sell lands
privilege (not being an easement of water in which persons other ^ement&
than the grantors have an interest) required by the Corporation &c
for the purposes of this Act in over or affecting any such lands
and the provisions of the said Acts with respect to lands and
rentcharges so far as the same are applicable in this behalf shall
extend and apply to such grants and to such easements rights
and privileges as aforesaid.
80.
The provisions of sections 188 (Power to lease surplus
As to surplus
lands) 180 (As to sale of ground rents) 190 (Corporation may ,3nds'
sell land &c. in the first instance without having previously
granted a lealse thereof) 191 (Corporation may grant a lease
&c.
of lands) 192 (Keceipts of Corporation to be effectual
discharges) 193 (Application of moneys from sale &c. of lands)
and 196 (Lands sold to be free from consolidated stock &c.)
of the Act of 1882 shall apply to any lands acquired by the
Corporation for the purposes of this Act and not required for
the purposes for which such lands were acquired and section 193
of the Act of 1882 shall for the purposes of this Act be read
43
[Oh. clxvi.] Blackburn
Corporation
(Tramways, $c.) Act, 1898. [61 & 62 VICT.]
Eestrictions
on
displacing
persons
of
labouring
class.
AD 1893 and have effect as if the words "herein-after constituted" were
omitted therefrom in the last line thereof Provided that all
moneys applicable under that section shall be subject to the
provisions contained in the proviso to subsection (2) of article 24
of the Order of 1897.
81,
—(1.) The Corporation shall not under the powers by
this Act or of the Act of 1885 with reference to the Brennand
and Whitendale Eeservoirs as extended by this Act granted
purchase or acquire in any parish -ten or more houses which on
the fifteenth day of December last were or have been since that
day or shall hereafter be 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 Govern-
ment 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 having regard to the number of persons
on or after that elate 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 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
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
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 befofe the persons
residing in the houses in respect of which the scheme is made
are displaced:
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 may
44
[61 & 62 VICT.] Blackburn
Corporation
[Ch. clxvi.]
{Tramways, ) Act, 1898.
have approved of any scheme or of any modifications of any A.D. 1898.
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.
(5.) If the Corporation acquire or appropriate' any house or
houses under the powers by this Act granted 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 the scheme they shall be liable to a penalty
of five hundred pounds in 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 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 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,
(7.) Subject to the provisions of this section the Corporation
and the Local Government Board and their inspectors shall have
and may exercise for any purpose in connexion with any scheme
under this section all or any of the powers vested in them under
the Public Health Act 1875 in the same manner in every respect
as if the preparation and carrying into effect of such scheme were
one of the general 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
from the date of the scheme 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 subsection
subject to such conditions (if any) as they may see lit.
(8.) The Corporation shall pay to the Local Government Board
a bum to be fixed by that Board in respect of the preparation
and issue of any Provisional Order in pursuance of this section
45
A.D.
1898.
[Ch. clxvi.]
Blackburn Corporation
(Tram,!•«,/*,%<:>
Art,
1898.
[61 & 62
VICT.]
and
any
expenses incurred
by
that Board
in
relation
to any
inquiries under this section including the expenses
of
any witnesses
summoned
by the
inspector holding
the
inquiry
and a
sum
to be
fixed 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 mechanics artizans labourers
and
others 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 shillings
a
week
and the
families
of any of
such persons
who may
be
residing with them.
Persons
not
to
connect or
disconnect
gas
meters
without
giving
notice.
Extension
of
time for
and
Wliiteiidale
Reservoirs.
PART VI.—MISCELLANEOUS.
82.
No person shall at any time after the passing of this Act
connect any meter with or disconnect any meter from any gas
pipe belonging to the Corporation whether gas is actually being
used through such pipe or meter or not without giving to the
gas engineer twenty-four hours' notice in writing at least of
his desire so to do and if any person acts in contravention of
this section he shall be liable for each offence to a penalty not
exceeding forty shillings.
83.
The time limited by section 13 of the Act of 1885 for
, ,. the construction of the Brennand Reservoir and the Whitendale
construction
of Brennand Reservoir and the other works authorised by the Act of 1877
is hereby extended Provided that if the said reservoirs and works
are not completed within twenty years from the passing of this
Act then on the expiration of that period the powers granted
by the Act of 1877 to the Corporation for making the said
respective reservoir and works or otherwise in relation thereto
shall cease to be exercised except as to so much thereof as is
then completed Provided that subject to the provisions of the
Act of 1877 and of this Act the Corporation may from time to
time alter enlarge extend or remove their tanks gauges gauge
basins engines machinery wells mains pipes and other works
or improve their water supply in such way or manner as occasion
requires.
TriSered 84=; Every person who slia11 witQ0Ut
being registered
in
common accordance with
the
provisions
of
section
77 of the
Public
lodging- Health
Act 1875
keep
a
common lodging-house within
the
keepers.
bor0ugh sha11 be liable to a Pe^% not exceeding five pounds
[61 & 62 VlCT.] Blackhiirn
Corporation
[Ch. Clxvi.]
{Tramways,
$
Art, 1898.
and a daily penalty not exceeding forty shillings and every such A.D. 1898.'
penalty may be recovered by the Corporation in a summary
manner.
85. The Corporation may notwithstanding the provisions of Power to
section 78 of the Public Health Act 1875 refuse to register any retnsc .
person as a common lodging-house keeper unless they are satisfied 0f0COmmoa
as to the character and fitness for the position of the person lodging-
applying to be so registered Any person aggrieved by the refusal
housekeel)er-
of the Corporation to register such person in pursuance of the
provisions of this section may appeal to a court of summary
jurisdiction after the expiration of two clear days after such
refusal provided he give twenty-four hours' written notice of such
appeal and of the grounds thereof to the town clerk and the
court may make such order in the matter as they may deem just
and may award costs such costs to be recoverable in like manner
as a penalty under this Act.
86.
Subsection (4) of section 39 (Penalties for non-con- Alteration
of
sumption of smoke) of the Act of 1882 is liereby repealed and sectiou 39
the following provision shall as from the passing of this Act i882asto
have effect (namely) Except in such cases as the Corporation penalties
may consent to a less height and give their consent in writing for non",.
. t i i consumption
stating the height such chimney or chimneys shall be erected of
smoke.
no chimney to carry off the smoke arising from any fireplace
or furnace employed after the passing of this Act in the working
of engines by steam or in any building used for the purpose of
trade or manufacture or public baths or public washhouses
(although a steam engine is not used or employed therein) shall
be constructed of less height than thirty yards and all the spent
or ejected steam arising or produced in any premises used for
auy trade or manufacture or for public baths or public washhouses
shall be discharged into the chimney flue or some similar receptacle
so as not to be an annoyance to the public and every person who
shall act in contravention of the provisions of this section shall
be liable to a penalty not exceeding five pounds for every such
offence and to a daily penalty not exceeding forty shillings for
every day such offence shall continue Provided that every person
aggrieved by the withholding of any such consent by the Cor-
poration or by any order conviction or determination of any court
of summary jurisdiction under this section shall have the same
right of appeal as is given by section 2
">4
of the Act of 1882.
87.
Every person who shall act in contravention of the Privies and
provisions of section 126 of the Act of 1882 shall be liable to a
™*V™^
penalty not exceeding five pounds for every such offence and to
47
FCll. Clxvi.] Blackburn
Corporation
[61 & 62 ViCT.]
(Tramways, §c.) 4ct, 1898.
A.D.
1898. a daily penalty not exceeding forty shillings for every day that
such offence shall continue.
Sky
signs.
88.—(1.) It shall not be lawful to erect or fix to upon or in
connexion with any building or erection any sky sign and it shall
not be lawful to retain any existing sky sign so erected or fixed
for a longer period than three years after the passing of this Act
nor during that period except with the licence of the Corporation
and in the event of such licence being granted then only for such
period not exceeding three years from the passing of this Act and
under and subject to such terms and conditions as shall be therein
prescribed:
Provided that in any of the following cases a licence of the
Corporation under this subsection shall become void namely :
(i.) If any addition to any sky sign be made except for the
purpose of making it secure under the direction of the
surveyor;
(ii.) If any change be made in the sky sign or any part
thereof;
(iii.) If the sky sign or any part thereof fall either through
accident decay or any other cause ; or
(iv.) If any addition or alteration be made to or in the house
building or structure on over or to which any sky sign
is placed or attached become unoccupied or be demolished
or destroyed:
Provided also that if any sky sign be erected or retained
contrary to the provisions of this Act or after the licence for the
erection maintenance or retention thereof for any period shall
have expired or become void it shall be lawful for the Corpora-
tion to take proceedings for the taking down and removal of the
sky sign in the same manner and with the same consequence as
to recovery of expenses and otherwise in all respects as if it were
an obstruction within the meaning of section sixty-nine of the
Towns Improvement Clauses Act 1847.
(2.) Any person acting in contravention of any of the
provisions of this section or of the terms and conditions (if any)
of any approval licence or consent under this section shall be
liable to a penalty not exceeding five pounds and to a daily
penalty not exceeding twenty shillings.
89.—(1.) Every hoarding or similar structure to be used either
partly or wholly for advertising purposes in or abutting on or
adjoining any street or public road shall be securely erected to the
satisfaction of the Corporation.
48
Eestriction
on adver-
tising
hoardiugs
&c.
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramway*, $c.) Act, 1898.
(2.) It shall not be lawful after the commencement of this A.D. 1898.
Act to erect any hoarding or similar structure to be used either
partly or wholly for advertising purposes in or abutting on or
adjoining any street without the consent of the Corporation and
such consent may be given subject to such conditions as to the
submission of a plan and elevation and as to the dimensions and
maintenance of such hoarding as the Corporation may determine.
(3.) The owner or other person using any hoarding wall or
similar structure for advertising purposes whether erected before
or after the commencement of this Act shall at all times hereafter
keep and maintain the same in proper and safe repair and
condition to the satisfaction of the Corporation and if any papers
affixed for advertising purposes to such hoarding wall or other
structure fall away or become detached shall forthwith remove
and clear away such papers.
(4.) This section shall not apply to any hoarding or similar
structure affixed to any railway station and used for the purpose
of any railway company nor to any other hoardings erected by a
railway company or any person acting under licence or authority
of any railway company abutting upon a public road or street
to a height not exceeding twenty feet above the level of such
public road or street.
(5.) Any person acting in contravention of this section or of
the terms and conditions (if any) of such consent shall be liable to
a penalty not exceeding five pounds and to a daily penalty not
exceeding twenty shillings.
(ti.) Any person aggrieved by the refusal of the Corporation
to grant such consent or by the conditions attached to such
consent may appeal to a court of summary jurisdiction after the
expiration of two clear days after the decision of the Corporation
is notified to him provided he give twenty-four hours' written
notice of such appeal and the grounds thereof to the town clerk
and the court shall have power to make such order as the court
may think fit and to award costs such costs to be recoverable
in like manner as a penalty under this Act.
90.
Notwithstanding anything contained in sections 102 and As to
103 of the Act of 1882 the approval of the Corporation of any
Jfa^vaI
uf'
plan of new buildings streets or roads shall be null and void
if the execution of the work specified in such plan be not
commenced and bona fide proceeded with within the following
periods:
The periods above referred to are as follows:
As to plans approved after the passing of this Act within two
years from the date of such approval; and
D 49
[Ch.
clxvi.]
Blackburn
Corporation
[61 & 62 VICT.]
{Tramways, $c.) Act, 1898.
A.D.
1898.
As to plans approved before the passing of this Act within one
year from the passing of this Act:
And at the expiration of those respective periods fresh notice
deposits and approval shall unless the Corporation otherwise
determine be requisite.
The Corporation shall give notice of the provisions of this
section to every person intending to erect a new building the
plans for which shall have been approved before the passing of
this Act but the erection of which building shall not have been
commenced and shall attach a similar notice to every approval of
plans given subsequent to the passing of this Act.
Recovery of 91. Every penalty imposed by this Act the recovery of which
penalties. js not otherwise provided for may be recovered by summary
proceedings.
itecovery of 92. Proceedings for the recovery of any demand not exceeding
un™ernfifty fifty pounds made under the authority of this Act or any
pounds. incorporated enactment whether provision is or is not made for
the recovery in any specified court or manner may be taken in
the county court.
PART VII.—FINANCIAL AND BORROWING POWERS.
93.
And whereas the Corporation have from time to time under
statutory authority or the sanction of Government departments
borrowed by means of the issue of redeemable stock mortgages
mortgage debenture bonds and other statutory instruments large
sums the particulars whereof are contained in the First Schedule
to this Act which sums are repayable within different periods
and it is expedient to equate the periods of repayment of the
sums owing in respect of each debt:
Therefore the following provisions shall have effect (namely):
From and after the date of the commencement of this Act the
following provisions of the Local Acts (namely):
Act of 1870 sections 93 94 and 96;
Act of 1877 sections 120 121 and 124 ;
Act of 1879 sections 51 and 52 ;
Act of 1882 sections 274 and 288 ;
Order of 1889 articles IV. V. VI. VII. VIII. IX. X. XI.;
Order of 1890 articles II. and III.;
Act of 1892 section 57 so far as the provisions of the Act
of 1882 (with reference to loans authorised to be raised
thereunder) hereby repealed are applied to the Act of
1892;
Order of 1894 articles II. III. IV. V. VI. VII. IX. X.;
Order of 1897 article XXII.;
50
Provisions
as to
existing
debt.
[61 & 02 VICT.] BlmMurn
Corporation
[Oh. Clxvi.]
(Tramways, $c.) Act, 1898.
shall be wholly repealed except so far as such provisions prescribe
A.D.
1898.
or enable the Local Government Board to prescribe the periods
for the repayment of moneys to be hereafter borrowed under
the powers of borrowing conferred by the Local Acts and except
so far as such provisions may have been acted upon and except
so far as such provisions relate to the waterworks debt and
the unexercised borrowing powers of the Corporation under the
Local Acts.
94.—(1.) The sums mentioned in column 6 of Parts I. to VI. Equated-
inclusive of the First Schedule to this Act shall be repaid within
Period
for
the periods mentioned in column 12 of such parts respectively and of existing
such periods shall in the event of the said sums or any part mortgage
thereof respectively being converted into or paid off by means u
of corporation stock be deemed to be the periods within which
under the statutory borrowing powers the money represented by
corporation stock is to be repaid.
(2.) Provision shall be made for the purchase or redemption Equated
of the amounts of stock mentioned in column 7 of Parts I. to VI.
Pe'iod
f?r
inclusive of the First Schedule to this Act within the periods of stock!0"
mentioned in column 12 of such parts respectively and such
periods shall be deemed to be the periods within which under
the statutory borrowing power the money represented by the
said amounts of stock respectively is to be repaid.
95.—(1.) In order to provide for the repayment of the sums Provisions as
mentioned in column (5 of Parts I. to VI. inclusive of the First lcfnture
Schedule to this Act but subject to the provisions of the Local funndsUg
Acts in regard to payments for redemption of Corporation Stock
being made to the Loans Funds established under the Local Acts
there shall be six sinking funds which shall hereafter be known
and named under the titles set forth in column 1 of the First
Schedule to this Act and each of such sinking funds shall be
applicable and have reference to the sums set forth in column
G
of each part of the First Schedule to this Act opposite to the
names of each of such sinking funds respectively and the Corpora-
tion shall annually pay out of the prescribed sources into those
sinking funds such equal annual sums as with accumulations at a
rate not exceeding three per centum per annum will be sufficient
to provide for the repayment of the whole of those sums within
the periods of years respectively prescribed by this Act.
(2.) The prescribed sources shall be as follows (that is to say) :
In the case of the gasworks debt the revenue of the gasworks
undertaking and the general district fund and rate :
D 2 51
[Ch. Clxvi.] Blackburn
Corporation
[61 & 62 VICT.]
(Tramways, $c.) Act, 1898.
A.D.
1898.
in the case of all other debts any moneys applicable in that
behalf under this or any other Act of Parliament or any
Order confirmed by Act of Parliament or any sanction of
a Government department under the Public Health Act.
(3.) The first annual payment into each of the sinking funds
shall be made on or before the twenty-fifth day of March one
thousand eight hundred and ninety-nine and the subsequent
annual payments on or before the twenty-fifth day of March in
each succeeding year.
(4.) Every sum paid to each of the sinking funds prescribed
by this Act and the interest on the investments of each of the
sinking funds shall unless applied in repayment of the sums
specified in column 6 of the First Schedule to this Act be
immediately invested in securities authorised by article XIV. of
the Order of 1897.
(5.) As regards each of the sinking funds the Corporation may
at any time apply the whole or any part of the sinking fund in or
towards the discharge of any of the sums for the repayment of
which the fund is formed as aforesaid :
Provided that the Corporation shall pay into the sinking fund
each year and accumulate during the residue of the prescribed
period a sum equal to the interest which would have been
produced by the sinking fund or the part of the sinking fund so
applied if invested at the rate per centum on which the annual
payment to the sinking fund is based.
(6.) If and so often as the income of any of the sinking funds
is not equal to the income which would be derived from the
amounts invested if the same were invested at the rate per
centum per annum on which the equal annual payments to the
sinking funds are based any deficiency shall be made good by the
Corporation.
(7.) If and so often as the income of any of the sinking funds
is in excess of the income which would be derived from the
amounts invested if the same were respectively invested at the
rate per centum per annum on which the equal annual payments
to the sinking funds are based any such excess may be applied
towards such equal annual payments.
Sums
in 96. All sums and investments which on the twenty-fifth
existing day of March one thousand eight hundred and ninety-eight were
fundsn|> or should be standing to the credit of any sinking fund then
be
carried existing or which should then exist for the repayment of any
funds unlr moneys the rePayment of which is prescribed by this part of
this Act. this Act shall be carried to the respective and appropriate
52
[61 & 62 VICT.] Blackburn
Corporation
[Ch. ClXVi.]
(Tramways, $c.) Act, 1898.
sinking funds established by this Act for the repayment of the A.D. 1898.
sums mentioned in column 6 of Parts I. to VI. inclusive of the
First Schedule to this Act and credit shall be given for those
sums in estimating the sums by this Act required to be paid into
each of the said funds respectively.
97.
The Corporation may from time to time in addition to Power to
any moneys they are now authorised to borrow borrow at interest borrow-
on the following securities and for the following purposes such
moneys as they may from time to time think requisite for those
respective purposes not exceeding the following sums each of
such sums or such part thereof respectively as may from time to
time be borrowed to be repaid from time to time within the
periods from which the same or any part thereof shall have been
borrowed set opposite to the same respectively in this section
(that is to say):
(1.) On the security of the borough fund and borough rate
For new municipal offices and alterations to the town hall
twelve thousand pounds forty years :
(2.) On the security of the general district fund and general
district rate
(a) For works of sewering ten thousand pounds forty
years;
(b) For works of sewage disposal fifty thousand pounds
forty years;
(c) Purchase of land for and laying out of recreation
grounds twelve thousand pounds twenty-five years ;
(d) For new street and street improvements new bridges
and alterations to bridges including the purchase of the
necessary lands thirty-five thousand pounds forty years ;
(e) For permanent wood paving in the streets set forth in
the Second Schedule to this Act twelve, thousand four
hundred pounds twenty years ;
(f) For purchasing the undertaking and payment of the
existing debenture debt of the Blackburn Corporation
Tramways Company Limited eighty-seven thousand
pounds thirty years;
(g) For tramway extensions and conversion of present
tramways to the electric system electric cars equipment
&c.
one hundred thousand pounds twenty years :
(3.) For the costs of this Act on the security of the borough
fund borough rate general district fund and general district
rate or any of them such sum as is necessary for the purpose
five
vears:
1) 3 53
[Ch. clxvi.] Blackburn
Corporation
(Tramways,
S;c.)
Act, 1898. [61 & 62 VICT.]
A.D.
1898.
Sinking
fund
for
moneys
borrowed
for
waterworks
and
here-
after
to be
lxirrowed.
And with the consent of the Local Government Board such further
sums as the Corporation may require for any of the purposes
of this Act and any moneys borrowed with the sanction of the
Local Government Board shall be repaid within such period not
exceeding sixty years as that Board may allow.
93,—(i.) The Corporation shall repay any moneys heretofore
borrowed and now outstanding on mortgage or debentures for
waterworks purposes and also any moneys borrowed after the
twenty-fifth day of March one thousand eight hundred and
ninety-eight by virtue of the powers of borrowing conferred by
the Local Acts or this Act or any Public Act or Acts for the
time being in force or any sanctions under those Acts or any of
them (other than moneys borrowed under the provisions of the
Local Loans Act 1875) by equal annual instalments of principal
or by equal annual instalments of principal and interest combined
or by means of a sinking fund or partly by one of those methods
and partly by another or the others of them.
(2.) Subject to the provisions of the next succeeding section
of this Act if the Corporation determine to repay by means
of a sinking fund any moneys heretofore borrowed and now
outstanding on mortgage or debentures for waterworks purposes
and also any moneys borrowed after the twenty-fifth day of
March one thousand eight hundred and ninety-eight by virtue of
the Local Acts or this Act or any Public Act or Acts for the
time being in force or any sanctions under those Acts or any of
them such sinking fund shall be formed and maintained either
(a) by payment to the fund throughout the prescribed period
of such equal annual sums as will together amount to the
moneys for the repayment of which the sinking fund is
formed A sinking fund so formed is herein-after called a
non-accumulating sinking fund; or
(b) by payment to the fund throughout the prescribed period
of such equal annual sums as with accumulations at a rate
not exceeding three pounds per centum per annum will be
sufficient to pay off within the prescribed period the moneys
for the repayment of which such sinking fund is formed A
sinking fund so formed is herein-after called an accumulating
sinking fund.
(3.) Every sum paid to a sinking fund under this section and
in the case of an accumulating sinking fund the interest on the
investments of the sinking fund shall unless applied in repayment
of the loan in respect of which the sinking fund is formed be
immediately invested in manner herein-after provided for the
54
[01 & 82 VICT.] BlacHum
Corporation
[Ch.
clxvi.]
{Tramways, $c.) Act, 1898.
investment of sinking funds the Corporation being at liberty from
A.D.
1898,
time to time to vary and transpose such investments.
(4.) In the case of a non-accumulating sinking fund the interest
on the investments of the fund may be applied by the Corporation
towards the equal annual payments to the fund.
(5.) The Corporation may at any time apply the whole or
any part of any sinking fund established under this section in or
towards the discharge of the money for the repayment of which
the fund is formed Provided that in the case of an accumulating
sinking fund the Corporation shall pay into the fund each year
and accumulate during the residue of the prescribed period a
sum equal to the interest which would have been produced by
such sinking fund or part of a sinking fund so applied if invested
at the rate per centum per annum on which the annual payments
to the sinking fund are based.
(6.) —(a)
If and so often as the income of an accumulating
sinking fund under this section is not equal to the income which
would be derived from the amount invested if the same were
invested at the rate per centum per annum on which the equal
annual payments to the fund are based any deficiency shall be
made good by the Corporation :
(b) If and so often as the income of an accumulating sinking
fund under this section is in excess of the income which would
be derived from the amount invested if the same were invested
at the rate per centum per annum on which the equal annual
payments to the fund are based any such excess may be applied
towards such equal annual payments.
99.—(1.) If it appears to the Corporation at anytime that Provisions
a
the amount in any sinking fund established under this Act with ,0 increase
the future payments thereto in accordance with the provisions of 0f U^"^
this Act together with the accumulations thereon (in the case of to sinking
an accumulating sinking fund) will probably not be sufficient to 1"^
j",'^1"
repay within the prescribed period the moneys for the repayment section. °
of which the sinking fund is formed it shall be the duty of the
Corporation to make such increased payments to the sinking fund
as will cause the sinking fund to be sufficient for that purpose
Provided that if it appears to the Local Government Board that
any such increase is necessary the Corporation shall increase the
payments to such extent as the Board may direct.
(2.) If the Corporation desire to accelerate the repayment of
any loan they may increase the amounts payable to any sinking,
fund. D 4 55
[Ch. Clxvi.]
Blackburn,
Corporation
[Gl & 02 VICT.]
{Tramways,
fyc.)
Act, 1898.
A.D.
1898.
(3.) If the amount in any sinking fund established under this
Act with the future payments thereto in accordance with the
provisions of this Act together with the accumulations thereon
(in the case of an accumulating sinking fund) will in the
opinion of the Local Government Board be more than sufficient
to repay within the prescribed period the moneys for the repay-
ment of which the sinking fund is formed the Corporation may
reduce the payments to be made to the sinking fund either
temporarily or permanently to such an extent as that Board shall
approve.
(4.) If the amount in any sinking fund established under this
Act at any time together with the probable accumulations thereon
(in the case of an accumulating sinking fund) will in the opinion
of the Local Government Board be sufficient to repay the loan in
respect of which it is formed within the prescribed period the
Corporation may with the consent of that Board discontinue the
equal annual payments to such sinking fund until the Local
Government Board shall otherwise direct.
(5.) Any surplus of any sinking fund established under this
Act remaining after the discharge of the whole of the moneys
for the repayment of which it was formed shall be applied to
such purpose or purposes as the Corporation with the consent of
the Local Government Board may determine.
(6.) Any expenses connected with the formation maintenance
investment application management or otherwise of any sinking
fund under this Act shall be paid by the Corporation in addition
to the payments provided for by this Act.
Defining 100. The " prescribed period " mentioned in the two last
"SC,r,lbed
Preceriing sections shall as regards moneys heretofore borrowed
and now outstanding on mortgage or debentures for waterworks
purposes and any moneys borrowed after the twenty-fifth day of
March one thousand eight hundred and ninety-eight under the
powers of borrowing conferred by the Local Acts or this Act
or any Public Act or Acts for the time being in force or any
sanctions under those Acts or any of them be the period fixed
or to be determined under such Acts or sanctions with reference
to the repayment of moneys heretofore borrowed and hereafter
borrowed as aforesaid.
Local Loans 101. For the purpose of raising money by virtue of the powers
heCtavailable. of this Act and of the Local Acts or any Public Act or Acts
for the time being in force the provisions of the Local Loans Act
1875 shall be available to the Corporation and for the purposes
50
[61 & 62 VICT.] BUvhhurn
Corporation
[Ch.
clxvi.]
(Tramways, $c.) Act, 1898.
aforesaid notwithstanding anything contained in the Local Loans A-D-189y-
Act 1875 the prescribed period shall be as regards the money and
Corporation Stock mentioned in columns 6 and 7 of Parts I. to
VI.
inclusive of the First Schedule to this Act the respective
periods mentioned and set forth in column 12 of Parts I. to VI. of
the First Schedule to this Act and as regards all other moneys
raised or to be raised under the said Acts or any of them shall
be the respective periods fixed by those Acts or sanctions there-
under for the repayment of moneys borrowed or to be borrowed
thereunder Provided that in respect of moneys raised as aforesaid
the provisions contained in the sections of this Act whereof the
marginal notes respectively are " Sinking fund for moneys bor-
rowed for waterworks and hereafter to be borrowed " " Provisions
as to increase and reduction of payments to sinking fund under
preceding section " " Annual return to Local Government Board "
and " As to investment of sinking &c. funds
"
shall apply in lieu of
those contained in sections 15 and 16 of the Local Loans Act 1875.
102.
The powers of borrowing money by the Local Acts and Certain
this Act given shall not be restricted by any of the regulations regulations
contained in section 234 of the Public Health Act and in Health Act
calculating the amount which the Corporation may borrow under
as to
borrow-
that Act any sums which they may borrow under this Act shall mg not to
not be reckoned.
103.
The Corporation shall except as herein-after provided Power to
have power to re-borrow for the purpose of paying off any of the borrow.
moneys borrowed or to be borrowed under this Act or the Local
Acts or any Public Act or Acts for the time being in force or any
of the moneys shown in the First Schedule hereto as borrowed
under any other Acts which have not been repaid and are
intended to be forthwith repaid or in respect of any moneys which
have been repaid by the temporary application of funds at the
disposal of the Corporation within twelve months before the
re-borrowing and which at the time of the repayment it was
intended to re-borrow:
Provided that the Corporation shall not have power to
re-borrow for the purpose of paying off any moneys repaid by
instalments or annual payments or by means of a sinking fund
or out of moneys derived from the sale of land or out of any
capital moneys properly applicable to the purpose of such repay-
ment other than moneys borrowed for that purpose Provided
also that any moneys re-borrowed shall be borrowed upon the
security of the same securities funds or rates and be deemed to
57
re-
[Ch. clxvi.] Blackburn
Corporation
(Tramways, $c.) Act, 1898. [61 & 62 VICT.]
A.D.
1898.
Mode
of
raising
money.
Sections
236-233
of
Publis
Health
Act
to
be avail-
able.
Application
of
borrowed
moneys.
form the same loan as the money for the repayment of which
the re-borrowing has been made and shall be repaid within the
prescribed period.
104. The Corporation may raise all or any moneys which
they are authorised to borrow or re-borrow under the Local Acts
or this Act or any Public Act or Acts for the time being in
force by mortgage.
105. The following sections of the Public Health Act shall
apply to all moneys borrowed or re-borrowed on mortgage under
the Local Acts or this Act other than moneys borrowed under
the Local Loans Act 1875 (that is to say) :
Section 236 (Form of mortgage) section 237 (Register of
mortgages) and section 238 (Transfer of mortgages).
106. All moneys from time to time borrowed by virtue of
the Local Acts or this Act or any Public Act or sanctions
thereunder shall be applied by the Corporation only for the
purposes for which the same are respectively authorised to be
borrowed excepting that moneys which may have been borrowed
in excess of the amount required shall be applied in such manner
as the Corporation with the approval of the Local Government
Board determine.
107.—(1.) Any mortgagee of the Corporation by virtue of
the Local Acts or this Act may enforce the payment of arrears
of interest or of principal or of principal and interest by the
appointment of a receiver The amount of arrears due to such
mortgagee or in the case of a joint application by two or more
mortgagees to such mortgagees collectively to authorise the
appointment of a receiver shall not be less than five hundred
pounds in the whole.
(2.) The application for the appointment of a receiver shall
be made to the High Court.
108.—(1.) The treasurer shall within twenty-one days after
the twenty-fifth day of March in each year if during the twelve
Government months next preceding the said twenty-fifth day of March any
Board. sum is required to be paid as an instalment or annual payment
or to be appropriated or to be paid to a sinking fund in pursuance
of the provisions of the Local Acts or this Act or any Public
Act or x\cts for the time being in force or any sanctions there-
under or in respect of any moneys raised thereunder and ai
any other time when the Local Government Board may require
such a return to be made transmit to the Local Government
Board a return in such form as may from time to time be
58
Appoint-
ment
of
receiver.
Animal
return
to
Local
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramways, $c.) Act, 1898.
prescribed by that Board and if required by that Board verified A.D. 1898.
by statutory declaration of the treasurer showing for the year
next preceding the making of such return or for such other
period as the Board may prescribe the amounts which have been
paid as instalments or annual payments and the amounts which
have been appropriated and the amounts which have been paid
to or invested or applied for the purpose of the sinking fund and
the description of the securities upon which any investment has
been made and the purposes to which any portion of the sinking
fund or investment or of the sums accumulated by way of
compound interest has been applied during the same period and
the total amount (if any) remaining invested at the end of the
year and in the event of his failing to make such return
the treasurer shall for each offence be liable to a penalty not
exceeding twenty pounds to be recovered by action on behalf
of the Crown in the High Court and notwithstanding the
recovery of such penalty the making of the return shall be
enforceable by writ of Mandamus to be obtained by the Local
Government Board out of the High Court.
(2.) If it appears to the Local Government Board by that
return or otherwise that the Corporation have failed to pay any
instalment or annual payment required to be paid or to appro-
priate any sum required to be appropriated or to set apart any
sum required for any sinking fund whether such instalment or
annual payment or sum is required by the Local Acts or this Act
or any Public Act or any sanction thereunder or by the Local
Government Board in virtue thereof to be paid appropriated or
set apart or have applied any portion of any sinking fund to any
purpose other than those authorised the Local Government Board
may by order direct that the sum in such order mentioned not
exceeding double the amount in respect of which default has been
made shall be paid or applied as in such order mentioned and
any such order shall be enforceable by writ of Mandamus to be
obtained by the Local Government Board out of the High Court.
109.
A person lending money to the Corporation under this Protection
of
Act shall not be bound to inquire as to the observance by the
!eQtl?r
from
1 inquiry.
Corporation of any provisions of this Act or be bound to see to
the application or be answerable for any loss misapplication
or non-application of the money lent or of any part
thereof.
110.
Nothing in this Act shall prejudicially affect any charge
Saving of
on any of the rates or revenues of the Corporation by way of
charges-
mortgage or otherwise existing at the date of the passing of this
59
[Ch. clxvi] Blackburn
Corporation
(Tramways, fyc.) Act, 1898. [61 & 62 VICT.]
Inquiries
by
Local
Government
Board.
A.
D.
1898.
Act and every mortgagee or incumbrancer or person for the time
being entitled to the benefit of any such charge shall have the
same priority of charge and all the like rights and remedies in
respect of the property subject to his charge as if this Act had not
been passed.
111.—(1.) The Local Government Board may direct any
inquiries to be held by their inspectors which they may deem
necessary in regard to the exercise of any powers conferred upon
them by or the giving of any consents under this Act or the Local
Acts or any sanctions under the Public Health Act and the
inspectors of the Local Government Board shall for the purposes
of any such inquiry have all such powers as they have for the
purposes of inquiries directed by that Board under the Public
Health Act.
(2.) The Corporation shall pay to the Local Government Board
any expenses incurred by that Board in relation to any inquiries
referred to in this section and a sum to be fixed by that Board not
exceeding three guineas a day for the services of such inspector.
As to
invest-
112. The provisions of article XIV. of the Order of 1897
m°k-
°Jx,
s^a^ aPPty to any smking fund established under this Act and
funds."
to any reserve fund or renewal fund created under this Act for
the purposes of the tramway undertaking.
Charging 113. Notwithstanding anything in the Act of 1882 or the
gas and Local Acts all sums owing by the Corporation at the passing
WHIG!" iOtlUS
on
general of this Act or hereafter to be raised by them by borrowing
district fund or re-borrowing for the purposes of the gas and waterworks
district
rate,
undertakings of the Corporation respectively may in addition to
being charged on the revenues of those undertakings respectively
be charged upon and payable out of the general district fund
and general district rate.
Evidence of 114. Sections 130 and 132 of the Blackburn Improvement
watererbj Act 1854 are ^erehj repealed and from and after the passing
annuitants.
of this Act section 320 of the Act of 1882 shall apply to the
evidence to be required by the Corporation on transfer of any
water annuity or water annuities.
115.
Notwithstanding anything in section 9 of the Electric
Lighting Act 1882 contained the annual statement of accounts
of the Electric Lighting Undertaking of the Corporation shall
after the passing of this Act be filled up on or before the twenty-
fourth day of June in every year and shall be made up to the
twenty-fifth day of March next preceding and section 9 of the
60
Altering
the
date
for
filling
up
annual
accounts
for
electric
lighting.
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi.]
(Tramways,
Sfc.)
Act, 1898.
Electric Lighting Act 1882 shall as from the passing of this A.D. 1898.
Act be read and have effect as regards the undertaking of
the Corporation as if the twenty-fourth day of June and the
twenty-fifth day of March were therein mentioned instead of the
twenty-fifth day of March and the thirty-first day of December.
116.
The Corporation may from time to time if they think Discount
on
fit make an allowance by way of discount not exceeding the rate eleetric
of five pounds per centum on all sums of money due to the
power
c'
Corporation for the supply of electric light or electric power accounts.
or energy from every person who pays the same within such
time of the demand thereof as the Corporation think fit to
prescribe in that behalf and notice to this effect should be endorsed
on every demand note in respect of such charges provided that in
making such allowance the Corporation shall not show any undue
preference to any consumer.
U7.
The Corporation shall not be bound to see to the Corporation
execution of any trust whether expressed or implied or con- DOt t0
regard
trusts
structive to which any loan or security for loan given by them
may be subject but the receipt of the person in whose name any
loan or security for loan stands in the register of mortgages
of the Corporation shall from time to time be a sufficient
discharge to the Corporation in respect thereof notwithstanding
any trusts to which such loan or security may be subject and
whether or not the Corporation have had express or implied
notice of any such trust or of any charge or incumbrance
upon or transfer of such loan or security or any part thereof or
interest thereon and the Corporation shall not be bound to
see to the application of the money paid on any such receipt
or be answerable or accountable for any loss misapplication or
non-application of any of such money.
118.
The costs charges and expenses preliminary to and
Costs of
Act.
of and incidental to the preparing and applying for and the
obtaining and passing of this Act (including the costs of the
company of and incidental to the purchase of the undertaking
and in relation to this Act) as taxed by the taxing officer of the
House of Lords or of the House of Commons shall be paid by
the Corporation out of the general district fund and rate or
out of moneys borrowed under the powers of this Act.
61
[Ch. clxvi.]
FUND.
(i)
PART
I.
5
K
N E B A
I>
DiSTBICT
-
(Exclusive of Elec-
tric Light.)
PART
II.
BOROUGH
(Exclusive
of
Technical
In-
struction
and
Free Library.)
Blackburn
Corporation
(Tramways,
$c) Act, 1898 [61 & 62
VICT.]
FIRST SCHEDULE referred
to
Act or Order under
which Borrowing Power
conferred.
(2)
Act.
1870
1879
1879
Sec.
92
& 102
(a)
48
(1)0
48 (1)
)
PUBPOSE.
(3)
1879
48
(1)
(e)
1882
273
(1)
(i)
1882
273
(1)
(e)
P.O.
1889 Sane. March
191890
Do.
Sane.
Dec.
81894
Do.
Sane. Dec.
18 1891
Do.
Sane. March
19 1890
Public Health Sane.
May/
Act 1875
Do.
P.O.
1890
Do.
Public Health
Act 1875
Do.
Act 1882
1879
201891
I
Sane. April
25 1895
Sane.
May
27 1891
Sane. May
27 1891
Sane. Sept.
9 1893
Sane. August
5 1897
273 (1)
(a)
Sec.
48
(5)
Towns Improvement")
Clauses
Act 1847 and J.
Act
of
1854
-
1870
1882
1885
L.
G.
Act 1888
Sewage irrigation &c.
Markets
- - - -
Slaughterhouses
and
sani-
tary works
-
Paving rivers
-
Farm buildings
Public baths
-
Main sewers
and
storm "J
overflows
- - \
Do.
do. J
Sanitary works
Farm buildings
Infectious
diseases
hospital
Do.
do.
Do.
do.
Borrowing
Power
sanctioned
including Costa
of Issue
of
Stock.
(*)
Borrowing
Power
exercised
including Costs
of Issue of
Stock.
(5)
Do.
do.
Sec.
91
Sec.
273
1
Sec.
17
}
Sane. April
27 1892
P.O.
June
1889
Sane.
August
4 1890
1892
Sec.
56(1) (a)
1892
Sec.
56
(1)
(/)
1892
Sec.
56
(3)
1877
122
(3) & 133
j
122
(3)
1877
1879
1882
1882
48(2)(5)&90
Sec.
347 (1)
I
273
(3)
347
(1)
&
356
Street improvements
River bed
and
wall
-
Street improvements
(im-
pervious paving)
-
Street improvements
Do.
do.
Improvements in added area
Main sewers
- - -
Town hall
&c.
-
Tramways (cost
of Act
1885)
-
Financial adjustment
with county
- - -
Parks (Queen's)
Lunatic asylnms (land)
-
Municipal offices
(ex-
tension)
Cost
of Act
(1892)
-
Costs
of Act
(1877)
-
Do.
(1877)
-
District police stations
Firemen's dwellings
and
municipal offices
-
Costs
of Act
&c.
Costs
of Act
(1882)
-
£
*.
d.
235,387
4 3
16,900
0 0
36,800
0 0
10,000
0 0
5,000
0 0
2,000
0 0
13,978
0 0
5,500
0 0
1,500 0 0
11,000
0 0
3,000
0 0
1,000 0 0
6,500
0 0
5,500
0 0
2,000
0 0
50,000
0 0
2,400
0 0
20,000
0 0
•30,749
16 5
66,157
0 0
525,372
0 8
54,604
10 2
50,000
0 0
11,448
0 0
17,000
0 0
50,000
0 0
10,000
0 0
1,895 12 5
|tl0,019
15 7
fl,332
1 11
12,500
0 0
(c)
4,337
11 0
5.026
1 6
£
*. d.
235,387
4 3
12,500
0 0
36,800
0 0
10,000
0 0
5,000
0 0
2,000
0 0
6,000
0 0
[
7,978
0 0
5,500
0 0
1,500
0 0
11,000
0 0
3,000
0 0
1,000
0 0
6,500
0 0
5,500
0 0
2,000
0 0
25,000
0 0
2,400
0 0
7,343
0 0
20,000
0 0
66,157
0 0
472,565
4 3
228,163
12 7
54,604
10 2
1,700
0 0
11,448
0 0
17,000
0 0
7,000
0 0
5,000
0 0
1,895
12 5
10,019
15 7
1,332
1 11
. 16,837
11 0
5,026
1 6
131,863
12 7
* £*i250 3*.
Id.
balance
of
borrowing power
for
£35,000
is
included
in
borrowing power
of
£4,337
11*.
Od.
(borough fund).
° r
t Part
of
borrowing power
for
£45,000 General District Fund
and
Borough Fund Account (Drainage
and
Sewage &c.)
Act of
1877.
(a) Exclusive
of
£18,410 Mortgage Debt
£130 1*.
5d. still
to be
raised
and
£3,755
17*.
id.
3
per
cent, stock
representing conversions
of 3J and 4 per
cent, stocks) provided
for by
Order
of
1897
62
[61 & 62 VICT.]
in the foregoing Act.
Blackburn
Corporation
(Tramways, $c.) Act, 1898. [Ch. clxvi.]
Amount of Debt outstanding at 25th March 1898 including
discounts on issue of Stock and Compensation
paid on Conversion.
Mortgages.
(6)
£ ». d.
(0)5,000 0 0
12,400 0 0
36,450 0 0
10,000 0 0
4,850 0 0
2,000 0 0
3,250
0 0
7,978
0 0
4,180 O 0
1.E00 0 0
10,050 0 0
2,850 0 0
840 0 0
6,500
0 0
5,050
0 0
2,000 0 0
25,000 0 0
2.4C0 0 0
7,343
0 0
20,000 0 0
0 0 0
3 per cent.
Stock.
& t. d.
(a)35,854 14 0
3J per cent.
Stock.
(8)
4 per cent.
Stock.
(9)
Amount in
Sinking Fund
in respect
of Mortgages
and
Debentures at
25th March
1898.
(10)
Amount in
Loans Fund
in respect
of 3 per cent.
Stock at
25th March
1898.
(11)
Periods fixed
by this Act
in which
provision is to
be made for
Redemption
of
Debt shown
in Cols.6 and 7.
(12)
Unexpired
periods for
repayment.
(13)
& t. d.
38,978 7 3
169,641 0 0
16,300 19 7
1,700 0 0
9,428
0 0
16,070 0 0
7,000
0 0
4,870 0 0
1,900 0 0
£ *. d.
123,200 0 0
(6)200 0 0
36,054 14 0
(i)
41,311 4 7
57,268 19 7
ril,706 13 4
L 1,096 13 4
1,554 2 3
19,191 13 4
5,740
0 0
80.600 6 10
38,978 7 3
(e)399 10 7
399 10 7
22,950 0 0
146,150 0 0
£ *. d.
93 10 3
62 14 6
129 1 7
130 3 8
31 1 II
51 6 4
165 15 7
0 0 0
3 19 7
203 18 11
495 0 6
10 13 0
183 12 0
361 18 4
297 15 4
114 13 7
1,888 13 11
0 0 0
0 0 0
0 0 0
0 0 0
4,223 19 0
660 13 8
43 12 3
11 1 0
148 15 7
132 13 9
74 19 3
48 15 1
1,120 10 7
& t. d.
888 6 2
1 18 4
890 4 6
1,094 11 9
205 9 9\
15 14 6/
38 3 3
257 4 10
265 12 11
52 years
from
25th March
1898.
1,876 17 0
51 Years
from
25th March
1898.
Years.
47
76
76
76
54
56
24
30
14
24
24
44
9
23
24
44
18
50
60
80
47
47
56
19
53
57
37
56
65
65
67
47
(b) Issued after 25th March 1897 to replace £150 4 per cent, stock cancelled before that date and therefore not provided
for by Order of 1897.
(c) Includes the £4,250
3*.
Id. referred to in note * and costs of issue of stock.
(d) Includes £2,100 stock issueil after 25th March 1897 to replace £1,800 3i per cent, stock cancelled before 25th March
1897 and therefore not provided for by Order of 1897.
(c) £1.3J0 and premium-; £400
.
9,f. to be raised by mort?n?es for redemption of £1,350 stock during year. 63
[OIL clxvi.] Blackburn
Corporation
(Tramways,
fyc.) Act,
1898.
FIRST
SCHEDULE—continued.
[61 & 62
VICT.]
FUHD.
(1)
Act
or
Order
under which Borrowing
Power conferred.
(2)
PURPOSE.
(3) (*)
Borrowing
Power
sanctioned
including Costs
of Issue of
Stock.
Borrowing
Power
exercised
'
including Costs
of Issue of
Stock.
(5)
PABT
III.
TECHNICAL
SCHOOL.
Municipal
Corporations
Act 18S2
Local Go-
vernment
Act 1888
and Techni-
cal Instruc-
tion Act 1889
PABT
IV.
FBEE
LIBBABY-
PAKT
V.
ELECTBIC
LIGHT
PABT
71.
GAS
Sane. June
20
1891.
Sane. Feb.
7 1893.
Sane. Aug.
5 1897.
1892 Sec
56
(1)
(&)
Public
Health -
Act 1875
and Electric
}
Lighting
Act 1882
Act 1879
P.O.
1889
P.O.
1894
Do.
Do.
Do.
Do.
Do.
1877
1882
1877
1882
Sane. Feb.
4 1897.
Sane.
July
31 1894.
Sec.
48
(3)
Sane. July
191894.
Sane. Sept
141894.
Do.
Do.
Sane. Feb.
11 1896.
Do.
Sane. Feb.
18
1897.
Technical Instruction
Do.
Do.
rFree Library
I
Do.
Electric Lighting
Do.
Gasworks
Do.
Do.
Do.
Do.
Do.
(Mains)
(Mains and
Meters).
122
(2)
347
(1)
Sch. Part
IV &
Sec.
123
347
(1)
:\
DJ.
(Meters)
-
Do.
Do.
Gasworks (Old Gas Mort-
gages).
Do.
(Gas Bonuses)
-
Do.
Do.
Do.
(Gas Annuities)
&
t. d.
5,000
0 0
7,000
0 0
9,210
0 0
21,210
0 0
5,000
0 0
2,000
0 0
7,000
0 0
28,000
0 0
32,000
0 0
&
». d,
6,000
0 0
7,000
0 0
9,210
0 0
21,210
0 0
5,000
0 0
2,000
0 0
7,000
0 0
14,000
0 0
32,000
0 0
60,000
0 0
30,000
0 0
10,000
0 0
14,000
0 0
3,200
0 0
24,000
0 0
5,000
0 0
5,000
0 0
6,800
0 0
31,870
0 0
.-
64,787
17 4
495,442
1 8
46,000
0 0
690,099
19 0
30,000
0 0
10,000
0 0
14,000
0 0
3,200
0 0
24,000
0 0
5,000
0 0
5,000
0 0
6,800
0 0
31,870
0 0
64,787
17 4
495,442
1 8
690,099
19 0
64
[61 & 62 VICT.] Blackburn
Corporation
[Ch. Clxvi,]
{Tramways, $c.) Act, 1898.
FIRST
SCHEDULE—continued.
Amoant of Debt outstanding at 25th March 1898 including
discounts on issue of Stock and Compensation
paid
on
Conversion.
Mortgages.
(6)
£ *. i.
4,020 0 0
6,730
0 0
9,210 0 0
18,960 0 0
4,650 0 0
2,000 0 0
6,650
0 0
14,000 0 0
29,300 0 0
43,300 0 0
22,350 0 0
9,160 0 0
10,980 0 0
3,080
0 0
23,300 0 0
5,000
0 0
4,120 0 0
6,800
0 0
" {
91,790 0 0
3 per cent.
Stock.
£ i. d.
i
29,218 6 8
1,373 6 8"!
74,220 16 llj
97,822 5 5
202,629 15 8
3J per cent.
Stock.
(8)
£ *. A.
__
*
399,322 6 9
399,322 6 9
4 per cent.
Stock.
(9)
£ s. d.
~
^_
9,760
0 0
9,760
0 0
Amount in
Sinking Fund
in respect
of
Mortgages and
Debentures at
25th March
1898.
(10)
£ i. d.
223 12 8
113 1 4
336 14 0
2 13
53 16 11
55 18 2
12 17 1
12 17 1
99 18 7
7 15 5
2,627 6 11
110 7 9
411 19 3
278 7 11
5 7 10
-
3,541 3 8
Amount in
Loans Fund
in respect of
3 per cent.
Stock at
25th March
1898.
(11)
£ *. d.
-
899 7 6
f 35 15 41
(.3^28
10 0J
9,780
8 1
13,944 0 11
Periods fixed
by this Act in
which provision
s to
be
made for
Redemption of
Debt shown
in
Cols.
6 and 7.
(12)
22 years from
\ 25th March
/ 1898.
1 35yearsfrom
\ 25th March
J 1898.
123 years from
y 25th March
J 1898.
N
1 49 years
) from
1 25th March
1898.
/
Unexpirei
periods for
(13)
Tears.
1 1*
1
'S
[ 30
35
38
25
22
f
*
22
4
25
47
23
10
44
«5
{
*5
E 65
TOIL
clxvi] Blackburn Corporation
{Tramways,
fyc)
Act, 1898.
[61 & 62
VICT.]
A.D.
1898.
SECOND SCHEDULE referred
to in
the foregoing Act.
King William Street.
Victoria Street.
South side of Town Hall.
Exchange Street.
Richmond Terrace.
Preston New Road (from
Sudell Cross
to New
Park Street).
Printed by
ETRB
and Srornswooira,
FOB
T.
DIGBT PIGOTT,
Esq., C.B., the Queen's Printer of Acts of Parliament
And to be
purchased, either directly
or
through any Bookseller, from
BIRE
AHB
SPOTTISWOODE,
EAST HABDISG SWEET, FLEET STBEET,
B.C.;
JOHN MENZIES t Co., 12,
HASOYEK STREET, EDISBTOGH,
»nd
90, WEST NILE STBEET, GLASGOW
;
or
HODGES, FIGGIS, 4 Co.,
LIMITED,
1M,
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