Birkenhead Corporation Act 1891

Publication Date:January 01, 1891
 
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Birkenhead Corporation Act 1891

(54 & 55 Vict.) c. lxxxvii

An Act to extend the Eastern Boundary of the borough of Birkenhead to the centre of the River Mersey to make further provisions for Street Improvements and as to the Public Libraries Ferries and Markets of the borough and for other purposes relating to the Local Government of the borough.

[3rd July 1891]

[! 4 & 55 Vict.] Birkenhead Corporation Ad, 1891. [Ch. IXXXvii.j CHAPTER lxxxviu An Act to extend the Eastern Boundary of the borough of a.d. i8Pi.' Birkenhead to the centre of the River Mersey to make further provisions for Street Improvements and as to the Public Libraries Ferries and Markets of the borough and for other purposes relating to the Local Government of the borough. [3rd July 1891.] W HEREAS the borough of Birkenhead (in this Act called the borough) is a municipal borough under and subject to the Municipal Corporations Act 1882 and the mayor aldermen and 45&46Vict. burgesses (in this Act called the Corporation) acting by the council c. 50. are the urban sanitary authority for the district of the borough under the Public Health Act 1875 : 38 & 39 Vict. And whereas the borough is a county borough under the Local c- 55, Government Act 1888 : 51 &52 Vict. And whereas the parochial boundary of the borough on the eastern c. 41. side thereof is believed to extend to the centre of the River Mersey while the municipal boundary extends to high-water mark and it is expedient to adopt the parochial boundary as the municipal boundary so that the boundaries shall be uniform for parochial and municipal purposes: And whereas it is expedient to authorise the Corporation to acquire lands for the purposes of street improvements: And whereas on or shortly' after the incorporation of the borough in the year one thousand eight hundred and seventy-seven all the powers property and liabilities of the Birkenhead Improvement Commissioners were transferred to the Corporation and the Corporation as their successors are the owners of ancient ferry rights and carry on the ferry between Birkenhead and Liverpool known as "Woo' I side Ferry : And whereas the Corporation and the Mersey Docks and Harbour Board have entered into a memorandum of agreement a copy of which is set forth in Schedule B to this Act for limiting during the \Price file:///Price Is. 6(Z.] A ' 1 [Oil, IxxXVli.] Birkenhead Corporation Act, 1891, [54 & 55 Vici,] A.D. 1891. period therein mentioned the maximum amount to be paid by the Corporation to the said board under an agreement between the Birkenhead Improvement Commissioners and the board which is 23 & 24 Vict, scheduled to the Mersey Boots J*eivy Accommodation-Act 1860 and c- cl- it is expedient that the said memorandum of agreement be confirmed and effect given thereto : And whereas it is expedient te* authorise the Corporation to make charges for services rendered by them in respect of goods carried by the Woodside ferry steamers : And whereas the Corporation have established a public library 18 & 19 Vict, under the provisions .of the Public Libraries Act 1855 and it is c- 70, desirable to authorise them to; establish lending libraries branch libraries and reading roams : And whereas it is expedient to enact that the "Wallasey Local Board shall not be entitled without the consent of the Corporation to supply gas or water within the gas and water limits respectively of the Corporation : And whereas it is expedient to authorise the Corporation to close unnecessary markets and to make other provisions in. relation to their markets and fairs : And whereas the Corporation have recently acquired the tramways undertaking of the Birkenhead Tramways Company Limited in liquidation and it is expedient to authorise the Corporation to discontinue portions of such tramways and to sell and dispose of the materials thereof : And whereas it is expedient to amend in various particulars the Birkenhead Corporation Act 1881 and the Birkenhead Improvement Act 1884 and to confer further powers on the Corporation in relation to buildings streets and the local government of the borough : And whereas the objects of this Act cannot be attained without the authority of Parliament: And whereas plans showing the lands which may be taken com-pulsorily for the purposes of this Act with a book of reference to those plans containing the names of the owners or reputed owners lessees or reputed lessees and of the occupiers of such lands have been deposited with the clerk of the peace for the county of Chester and are in this Act respectively referred to as the deposited plans and book of reference: And whereas an absolute majority of the whole number of the council at a meeting convened for the thirtieth day of October one thousand eight hundred' and ninety after ten clear days notice by public advertisement of sueh meeting and of the purposes thereof in the Birkenhead News and the Birkenhead Advertiser local newspapers. published or circulating in the borough (such notice being in 2 [54 & 55 Vic?.] Birkenhead Corporation 4fitx 1891, [C/ll* lxX3|vii.3 addition to the ordinary notices required far sumwoning such A.D. im\i meetings) resolved that the expense in relation to promoting the Bill "^" for this Act should be paid out of the borough fund or horough rate or other the public funds 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 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 members of the council at a further special meeting held on the fourth day of February one thousand eight hundred and ninety-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 provided by Schedule III. annexed to the Public Health Aet 1875 consented to the promotion of the Bill for this Act : 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): PART LPRELIMINARY. 1. This Act may be cited as the Birkenhead Corporation Act 1891 Short title and the Birkenhead Corporation Act .1881 and the Birkenhead and con- Improvement Act 1884 (in this Act at times respectively referred to as the Act of 1881 and the Act of 1884) and this Act may be cited as the Birkenhead Corporation Acts 1881 to 1891. 2. This Act shall be carried into execution by the Corporation Execution of acting by the council in like manner as the Act of 1881 and the Act Act of 1884. 3. This Act is divided into parts as follows : tJtvisiqft $f Part I. Preliminary : Act, into Part II. Extension of boundary : pdr s' Part III. Street Improvements : Part IV. Public Libraries : Part V. Perries: Part VI. G-as and Water: Part VII. Markets : Part VIII. Buildings Streets and Sewers: Part IX. Tramways: Part X. Miscellaneous* A2 3 [dh. ixxxvii.] Birkenhead Corporation Act, 1891. [54 & 55 Vict.J A.D. 1891. 4. The Lands Clauses Acts and Part II. (extension of time) of the Railways Clauses Act 1863 are hereby incorporated with this Iucorpora: tion of Acts. Act Interpretation. 5. In this Act The expression " new.'"' applied to a street or building or structure designates a street or building or structure begun to be laid out made built rebuilt or constructed after the passing of this Act: The expression " old " applied to a street or building or structure designates a street or building or structure laid out made built or constructed before the passing of this Act whether the same is completed or not: The expression ' public building " means a building used or constructed or adapted to be used either ordinarily or occasionally as a church chapel mission room or other place of public worship or as a hospital workhouse college school (not being merely a dwelling-house so used) theatre public hall public concert room public ball room public lecture room or public exhibition room or as a public place of assembly for persons admitted thereto by tickets or by payment or otherwise or used or constructed or adapted to be used either ordinarily or occasionally for any other public purpose but shall not include a private dwelling-house used occasionally or exceptionally for any of such purposes : ' Daily penalty " means a penalty for each day on which an offence is continued after conviction therefor : And in this Act expressions to which meanings are assigned by the Act of 1881 have (save so far as they are varied by this Act or the context otherwise requires) the same respective meanings. Exteusion of eastern boundary of borough. PART II.EXTENSION OF BOUNDARY. 6. The boundary of the borough where it abuts on the River Mersey is hereby extended to the centre of the bed of the said river and shall be the same for parochial and municipal purposes Provided always that this section shall not operate to impose any liability on the Mersey Railway Company to pay any other rates in respect of the portion of their tunnel under the River Mersey between the new boundary and the old boundary than they were liable to before the massing of this Act. 4 [54 & 55 Vict.] Birkenhead Corporation Act, 1891. [Oh. Ixxxvii,] PART III.STREET IMPROVEMENTS. a.D. iS9i. For the purpose of the execution of street improvements the Power io Corporation may enter on take and use such of the lands delineated f^streetTm-and described on the deposited plans and in the deposited book of provements. reference as they may require. The powers of the Corporation for compulsory purchase of Revival of lands for the widening of Hamilton Street between Bridge Street ^mYlto^' and Canning Street being part...

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