Birkenhead Corporation Act 1881

Publication Date:January 01, 1881
 
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Birkenhead Corporation Act 1881

(44 & 45 Vict.) c. cliii

An Act to consolidate and amend the Acts relating to the Borough of Birkenhead and for other purposes.

[18th July 1881]

[U & 45 Vicr.] Birkenhead Corporation Act, 1881. [Ch. cliil] CHAPTER cliii. An Act to consolidate and amend the Acts relating to the A,D*188L Borough of Birkenhead and for other purposes. [18th July 1881.] WHEREAS by Royal Charter dated the thirteenth day of August one thousand eight hundred and seventy-seven (in this Act called " the charter ") the several townships or places of Birkenhead Claughton-cum-Grange Oxton Tranmere and part of Higher Bebington in the county of Chester were eonstituted a municipal borough by the name of the borough of Birkenhead (in this Act called " the borough ") : And whereas at the time when the charter came into opration the townships of Birkenhead and Claughton-cum-Grang and part of the township of Oxton were comprised within the limits of the Birkenhead Improvement Commissioners (in this Act called " the Improvement Commissioners") and the rest of the township of Oxton and the township of Tranmere eonstituted the districts of the local boards for Oxton and Tranmere respectively and so much of the township of Higher Bebington as is within the borough formed part of the district of the local board for Higher Bebington : And whereas the Improvement Commissioners were or claimed to be owners of the ferry between Birkenhead and Idverpool known as "Woodside Ferry and of the undertaking of the Birkenhead and Claughton Gas and Water Company and of the Markets Eree Iibrary Cemetery and Park at Birkenhead and of certain lands property rights and powers in connexion therewith respectively : And whereas by the Tranmere Improvement Act 1862 the local 25&26Vict. board for Tranmere had power to purchase the ferry between c-XXV1Tranmere and Liverpool known as Tranmere Ferry but that power bas not been exercised and to make streets and were possessed of ther powers : And whereas the powers and property of the local boards for Tranmere and Oxton respectively and (so far as related to the part f Higher Bebington which is within the borough) of the local [I0cal.-453.] A 1 [Ch. cliii.] JBirkmhead Corporation Act, 1881. [44 & 45 ?ICT.] A.D. 1881. board for Higher Bebington became on the constitution of the borough merged or vested in the mayor aldermen and burgesses of the borough (in this Act called " the Corporation ") and the local boards for Tranmere and Oxton were dissolved and by or under a scheme bearing date the 28th day of October 1879 (in this Act called " the scheme ") granted by Her Majesty's Most Honourable Privy Council for the adjustment of the rights and privilges duties and liabilities of the Improvement Commissioners and the said other local authorities the rights and property which did not pass to the Corporation under the charter were vested in the Corporation for the benefit of ail or parts only of the borough as therein mentioned and the Improvement Commissioners ceased to exist as a corporate body : And whereas it is expdient that the Acts referred to in the Schedule A. to this Act which relate to the Improvement Commissioners the Tranmere local board and the townships of Birkenhead and Claughton-cum-Grange and the district of the Tranmere local board or some of them should be repealed and their provisions Consolidated and amended and made applicable to the Corporation and hve opration except as by this Act otherwise provided throughout the whole of the borough and the said Acts are collectively in this Act called " the Improvement Acts " : And whereas it is expdient that further provision should be made with respect to the ferry property rights powers and liabilities of the Corporation : And whereas it is expdient that the powers of the Corporation should be further amended and extended as by this Act provided : and that the limits of the jurisdiction of the stipendiary and borough magistrates should be extended and defined : And whereas the estimtes for the works to be executed under this Act (ail of which are permanent works within the meaning of 38&39Vict. section 234 of the Public Health Act 1875) are as follows : c.55. £ For ferry purposes - 40,000 ]?or town hall sessions court and other buildings - 60,000 For street and other improvements -- 21,000 £121,000 And whereas an absolute majority of the whole number of the council at a meeting convened for the first day of December 1880 after ten clear days' notice by public advertisement of such meeting and of the purposes thereof in the " Birkenhead News " and the " Birkenhead Advertiser " local newspapers published or circulating in the borough (such notice berne: in addition to the ordinary notices 2 [ & 45 YICT.J Birhmhead Corporation, Act, 1881. [Ch. cliii.] equired for summoning such meetings) resolyed that the expense A.D. I88i. m relation to promoting the Bill for this Act should be paid out of the borough fund or borough rate or other the public fonds or rates now under the control of or hereafter to accrue to the Corporation. And whereas such resolution was published twice in the said newspapers and in respect of matters under the control of the Local Government Board has received the approyal of that board and in respect of other matters has receired the approyal of one of Her Majesty's Principal Secretaries of State. And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of members of the council at a further spcial meeting held on the twenty-sixth day of January one thousand eight hundred and eighty- one in pursuance of a similar notice being not less than fourteen days after the deposit of the Bill in Parliament : And whereas the owners and ratepayers of the borough in manner proyided by Schedule III. annexed to the Public Health Act 1875 consented to the promotion of the Bill for this Act : And whereas the purposes of this Act cannot be obtained without the authority of Parhament : Mayit therefore please Your Majesty that it may be enacted and be it enacted by the Queen's most Excellent Majesty, by and rith the advice and consent of the Lords Spiritual and Temporal and Commons in this prsent Parliament assembled and by the authority of the same as follows (that is to say) : I.PEELIMINAEY. 1. This Act may be cited as the Birkenhead Corporation Act Short titie 1881 and save as otherwise expressed shall corne into opration mencement on the lst day of January 1882 which date is herein-after referred of Act to as the commencement of this Act. 2. This Act except where otherwise expressly imited or proyided liants of shall be in force within and throughout the whole borough. AeL 3. The ferry property of the Corporation as described in the Certain second schedule to the scheme and the markets market places 2*^eesrs slaughter houses and other property described in the fourth schedule to be ad- to the scheme and the lands described in the sixth and seyenth ministered scbedules to the scheme and ail other property which by the ^efitof opration of the charter and the Public Health Act 1875 was thewhoie fransferred from the Improvement Commissioners the Oxton borou£ kocai Board and the Tranmere Local Board respectiyely to the A 2 S AJD. 1881. Improvement Acts repealed. Savingsof repeai. [Ch. cliii.] Mrkmhead Corporation Act, 1881. [44 & 45 VICT.1 Corporation or the council and the rents profits and revenues of the said properties and lands respectively shall be held and administered or disposed of and ail powers rights and duties of the Corporation or council relating to those properties lands rents profits and revenues respectively or any of them shall be exercised and performed by the council for the benefit of the whole of the borough and ail debts and liabilities which may hereafter be incurred by the Corporation or the council in relation to the said properties lands rents profits and revenues respectively or otherwise in relation to any other property powers duties or authorities of the Corporation referred to in the scheme and the expenses to be incurred by the council in the management or otherwise in relation to the same respectively shall be defrayed as by this Act prescribed. 4 . The Improvement cts referred to in Schedule of this Act ar e bereby repealed as from the commencement of this Act. 5. Notwithstanding the repeal of the Improvement Acts (!) Ail acts works matters and things before the commencement of this Act done or commenced under the powers and authorities of the Improvement Acts or any of them and which were at the commencement of this Act good valid and available or in progress and ail awards conveyances leases mortgages bonds covenants deeds instruments contracts agreements obligations rights and remdies at the commencement of this Act existing under the same shall be and continue as good valid and available for ail purposes and for and against ail parties and may be continued and completed as if this Act had not been passed. (2.) AU actions suits prosecutions arbitrations or other proceedings by with or against the Corporation by reason of any matter or thing done before the commencement of this Act in excution of or in relation to the Improvement Acts or any of them may be continued commenced or prosecuted by or against the Corporation as if this Act had not been passed. (3.) Ail byelaws raies and rgulations shall continue in force within the respective districts and places to which they refer iintil repealed or altered under the provisions of this Act and may be enforced in like manner and with the same penalties as if made for like purposes respectively under the provisions of this Act. (4.) Ail mortgages and other securities granted under the Iinprovement Acts or any of them may be transferred as if tbis Act had not been passed. 4 [4 & 45 TICT.] Birkenhead Corporation Act, 1881. [Ch. cliii.] (5.) Ail rates rents tolls and other sums at the...

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