Barrow-in-Furness Corporation Act 1881

Publication Date:January 01, 1881
 
FREE EXCERPT


Barrow-in-Furness Corporation Act 1881

(44 & 45 Vict.) c. cxxi

An Act to extend the boundary of the Borough of Barrow-in-Furness to empower the Mayor Aldermen and Burgesses of the Borough to make tramways and new streets to confer further borrowing powers to make better provision for the good government of the Borough and for other purposes.

[18th July 1881]

m & 45 Vict.] Barrow-in-Fimiess Corporation [Ch. cxxi 1 Act, 1881. CHAPTER cxxi. An Act to extend the boundary of the Borough of Bar- a.d. issi. row-in-Furness to empower the Mayor Aldermen and Burgesses of the Borough to make tramways and new streets to confer further borrowing powers to make better provision for the good government of the Borough and for other purposes. [18th July 1881.] W HEREAS the borough of Barrow-in-Furness in the county of Lancaster is a municipal borough under the government of the Mayor Aldermen and Burgesses (in this Act called the Corporation) of the borough. And whereas the Corporation by the council are the sanitary authority for the borough with the powers and obligations of an urban sanitary authority and they also have divers powers under the following Local Acts which are in force within the borough that is to say: The Barrow-in-Furness Corporation Act 1868 31 & 32 Vict, c civ, The Barrow-in-Furness Corporation Extension and Amendment 35 & 36 Vict, Act 1872 c. cxiii. The Barrow-in-Furness Corporation Act 1873 c cx The Barrow-in-Furness Corporation Act 1875 38 & 39 Vict. C CC1V which Acts are in this Act severally referred to as the Act of the year in which it was passed and are collectively referred to as the recited Acts: And whereas by an order of the Local Government Board dated the first day of May one thousand eight hundred and seventy-eight certain parts of the chapelry of ftampside in the parish of Dalton were amalgamated with the parish of Barrow-in-Furness (which before that order was co-extensive with the existing borough) and it is expedient that the existing borough should be extended so as to include the whole of the parish: [Local-i2i.] A 1 TCh CXXi 1 Barrow-in-Furness Corporation [44 & 45 Vict.] L ' ^,1881- D 1881. And whereas it is expedient that the Corporation be authorised to make the new roads and streets in this Act described: And whereas it is expedient that the Corporation be authorised to construct lay down and maintain within the borough the tramways in this Act described: And whereas it is expedient that the Corporation be authorised to raise further money by borrowing and that further provision be made in relation to their borrowing powers : And whereas the Corporation are the owners of the gas and water undertakings of the borough and it is expedient that the powers of the Corporation in relation thereto be enlarged and that they he empowered to provide and supply light by means of electricity: And whereas it is expedient that the Corporation be empowered to acquire lands for sewage and other purposes and that the powers of the Corporation respecting the sanitary condition of the borough and other matters of local management and various provisions of the recited Acts be in divers respects extended and amended: And whereas the objects aforesaid cannot be attained without the authority of Parliament: And whereas plans and sections describing the lines situations and levels of the works authorised by this Act and plans showing the lands to be acquired under the powers of this Act and a book of reference to those plans containing the names of the owners or reputed owners and of the lessees or reputed lessees and of the occupiers of those lands and describing those lands have been deposited with the clerk of the peace for the county of Lancaster and are in this Act 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 and for the execution of the works and for other the purposes by this Act authorised and such estimates are as follows (that is to say): For new streets and street improvements fifty-nine thousand five hundred pounds. For tramways thirty-five thousand pounds. For sewage lands sewers and works twenty-five thousand pounds. For providing electric lighting twenty thousand pounds. For cattle-market and slaughter-houses twenty thousand pounds. For municipal offices fifty thousand pounds. For police stations five thousand pounds. For purchase and laying out of recreation grounds five thousand pounds. 2 [44 & 45 Vict.] Barrow-in-Furness Corporation [Ch. CXXi.] Act, 1881. Tor depots for stores refuse and ashes and stables twelve thousand A.D. 1881. pounds. For lands buildings plant and works of a permanent nature for general purposes fifteen thousand pounds. And whereas the several works included in such estimates are permanent works within the meaning of section 234 of the Public 38 & 39 Vict. Health Act 1875 : c-65- And whereas an absolute majority of the whole number of the council at a meeting held on the thirtieth day of November one thousand eight hundred and eighty after ten clear days notice by public advertisement of the meeting and of the purpose thereof in the Vulcan a local newspaper published or circulating m the borough such notice being in addition to the ordinary notices required for summoning that meeting resolved that the expense in relation to promoting the Bill for this Act should be charged on the borough fund or rate : And whereas that resolution was published twice in the Vulcan a newspaper circulating in the borough and has received the approval of the Local Government Board: And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the council at a further special meeting held in pursuance of a similar notice on the fourteenth day of March one thousand eight hundred and eighty-one not less than fourteen days after the deposit of the Bill for this Act in the offices of the Houses of 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: May it therefore please Tour 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 the authority of the same as follows (that is to say): I.Pbeliminaby. This Act may be cited as the Barrow-in-Furness Corporation Short title. Act 1881. The following enactments (so far as they are applicable for Incorpora-the purposes of and axe not varied by or inconsistent with this Act) ^"J^ A 2 3 Acts. [Ch. cxxi.] Barrow-in-Furness Corporation [44 & 45 Vict.] Act, 1881. A.D. 1881. 8 & 9 Vict. c. 18. 23 & 24 Vict. c. 106. & 33 Vict. c. 18. & 34 Vict. c.78. Interpretation of terms. 5 &6 Will. 4. c.76, are hereby incorporated with and shall form part of this Act (that is to say): The Lands Clauses Consolidation Acts 1845 1860 and 1869 (in this Act referred to as the Lands Clauses Acts) Section 3 (interpretation of terms), section 19 (local authority may lease or take tolls) and Parts II. and III. of the Tramways Act 1870. 3. In this Act "the existing borough" and "the existing sanitary district" mean respectively the borough and the urban sanitary district of Barrow-in-Eurness as existing at the passing of this Act and "the borough" and "the sanitary district" mean respectively the borough and the urban sanitary district of Barrow-in-Eurness as extended by this Act. In this Act "the council" "the mayor" "the town clerk" "the treasurer" "the medical officer of health" "the borough surveyor " " the borough fund " " the borough rate " " the watch committee " and " a constable " mean respectively the council the mayor the town clerk the treasurer the medical officer of health the borough surveyor the borough fund the borough rate the watch committee of the borough and a constable belonging to any police force having authority within the borough. In this Act the word " street" shall include court as defined by the Act of 1868 and the expression " new street" means a new street in the borough laid out after the passing of this Act and "new house" and "new building" mean respectively a house or building in the borough the erection whereof is begun after the passing of this Act and the several words and expressions to which meanings are assigned by the recited Acts have in this Act the same respective meanings unless there is something in the subject or context repugnant to such construction. In this Act "the Municipal Corporations Acts" means the Municipal Corporation Act 1835 and any Acts for the time being in force amending the same or otherwise relating to municipal corporations in England. In this Act " the Public Health Acts " means the Public Health Act 1875 and all Acts for the time being in force amending or extending the same. In this Act and for purposes thereof in enactments incorporated therewith " court of competent jurisdiction " means such a court as would have jurisdiction if the debt or demand with respect to which that expression is used were a common simple contract debt and not a debt or demand created by statute and " superior courts" includes any court of competent jurisdiction. 4 [44 & 45 Vict.] Barrow-in-Furness Corporation [Oh. cxxi.] Act, 1881. 4. This Act shall he carried into execution by the Corporation A.D. 1881. acting by the council and according to the Municipal Corporations v ~ Acts the Public Health Acts and the recited Acts and other laws Act"011 for the time being affecting the Corporation as a municipal body and as a sanitary authority respectively and with all the rights powers privileges and authorities conferred by those Acts and laws on the Corporation and on the council and committees of the council and the officers agents and servants of the...

To continue reading

REQUEST YOUR TRIAL