Blackpool Improvement Act 1879

Publication Date:January 01, 1879
 
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Blackpool Improvement Act 1879

(42 & 43 Vict.) c. cxcix

An Act to extend the borough of Blackpool, and to enable the Mayor, Aldermen, and Burgesses thereof to make New Streets, Street Improvements, and other Works; to extend the limits of Gas supply; and to make further provision for the improvement and government of the borough; and for other purposes.

[11th August 1879]

[42 & 43 Vict.] Blackpool Improvement Act, 1879. [Oh. CXCix.] CHAPTER cxcix. An Act to extend the borough of Blackpool, and to enable A-u-iS'9-the Mayor, Aldermen, and Burgesses thereof to make New Streets, Street Improvements, and other Works; to extend the limits of Gas supply; and to make further provision for the improvement and government of the borough; and for other purposes. [11th August 1879.] W HEREAS by Royal Charter bearing date the twenty-first day of January one thousand eight hundred and seventy-six the inhabitants of the town of Blackpool, in the county palatine of Lancaster, and of the township of Layton-with-Warbreck, within the limits specified in the said charter, were incorporated by the name of the mayor, aldermen, and burgesses of the borough of Blackpool, and the provisions of the Municipal Corporations Acts were extended to the borough so incorporated : And whereas the mayor, aldermen, and burgesses of the said borough (in this Act called " the Corporation"), acting by the Council, are the urban sanitary authority for the district of the said borough: And whereas the following Acts are in force within the said borough; (that is to say,) The Blackpool Improvement Act, 1853 ; 16& 17 Vict. The Blackpool Improvement Act, 1865 ; psToqv- which Acts are in this Act referred to collectively as " the former c, c'Cxi\-. Acts," and each of them separately as an Act of the year in -which the same was passed : And whereas the Corporation are the owners of the gas undertaking of the said borough, and under powers contained in the Act of 1853 manufacture and supply gas in the said borough: And whereas it is expedient that the municipal limits of the said borough be extended so as to include part of the township of Marton, and also that part of the township of Bispharn-with-Ivor- \Local.-m^ A 1 [Ch. CXCix.] Blackpool Improvement:AQt,-t87Q. |42 & 43 Vict.] breck, known as Bispham Hawes, and also certain parts of the seashore and area adjacent thereto, and that the said parts of the said townships included within the extended borough be detached from the jurisdiction of the rural sanitary authority of the Fylde Union, so that the Corporation be constituted the sole sanitary authority within the extended borough : And whereas the Corporation are the burial board for the said borough, and it is expedient that they be constituted the burial board for the borough as extended: And whereas it is expedient that the boundaries of certain of the existing wards be extended : And whereas it is expedient that the Corporation be enabled to construct the several new works and improvements herein-after mentioned: And whereas it is expedient that the limits within which the Corporation are empowered to supply gas be extended : And whereas it is expedient that the Corporation should for the purposes of experiment be authorised for a limited period to manufacture or provide and to supply light within the borough for the purposes in this Act mentioned by means of electricity, and that all incidental and supplementary powers for this purpose, and other purposes connected therewith (including the supply of heat and of motive power), should be conferred upon the Corporation : And whereas the Corporation have power to provide slaughterhouses, and it is expedient that when proper provision has been made in that behalf they be authorised to close existing slaughterhouses : And whereas it is expedient that further powers be granted to the Corporation for the borrowing of money and the improving and better governing ot the borough, and that the former Acts be in divers particulars altered and amended, and the powers thereof extended: And whereas the purposes aforesaid cannot be effected without the authority of Parliament: And whereas estimates have been prepared by the Corporation for the purchase of land for and the execution of the following works by this Act authorised, and such estimates are as follows ; (namely,) For new streets and roads and street improvements, one hundred and seventy thousand pounds; For purposes of gasworks and gas supply, thirty-six thousand pounds : And whereas the several works included in such estimates are 2 [42 & 43 Vict.] Blackpool Improvement Act, 1879. [Oh. CXCix.] A.D. 1379 permanent works within the meaning of the two hundred and thirty- fourth section of the Public Health Act, 1875 : 38^39 Vic And whereas an absolute majority of the whole number of the ' ' Council at a meeting held on the twenty-sixth day of November one thousand eight hundred and seventy-eight, after ten clear days notice by public advertisement of such meeting, and of the purpose thereof, in the Blackpool and Fleetwood Gazette, a local paper published or 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 piomotiag the Bill for this Act should be charged on the borough fund and borough rate : And whereas such resolution was published twice in the Blackpool and Fleetwood Gazette, 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 fourth day of February one thousand eight hundred and seventy-nine, 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 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, lessees or reputed lessees, and of the occupiers of lands in the line of those works or within the limits of deviation as defined on the plans, 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: 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,) 1. This Act may be cited as tbe Blackpool Improvement Act, short title. 1879. A 2 3 A.D^isra [Ch. CXCix.] Blackpool Improvement Act, 1879. [42 & 43 Vict.] Incorporo- tion of gone- 2. The following Acts or parts of Acts; (that is to say,) ral Acts. The Lands Clauses Consolidation Acts, 1845, 1860, and 18G9 : 23 & it Vict: c 1015. S3&33VM.C. is. The provisions of the Railways Clauses Consolidation Act, 1845, with respect to the temporary occupation of lands near the 8 %a VlCt" railway during the construction thereof; .10 & li Vict. The provisions of the Commissioners Clauses Act, 1847, with = 16- respect to the mortgages to he executed by the Commissioners, except section eighty-four; io atii riot. e.i5. The Gasworks Clauses Act, 1847 ; lo&uvict.c.u. The Markets and Pairs Clauses Act, 1847 ; and io tu vict, a 99. The Town Police Clauses Act, 1847 ; so far as the same are applicable for the purposes of and not varied by or inconsistent with this Act, are hereby incorporated with this 34&35Vict. Act; and the Gasworks Clauses Act, 1871, except section eight Ci 41- (for appointment of a receiver) and section thirty-five (accounts, &c), shall apply to the existing gas undertaking of the Corporation as if the same were hereby authorised. Interpret*- 3. In this Act tion of terms. " fj^g existing borough " means the municipal borough as existing at the passing of this Act : " The added part of the borough " means the area added to the existing borough by this Act : " The borough " means the municipal borough of Blackpool as extended by this Act: " The Corporation " means the mayor, aldermen, and burgesses of the borough : "The Council" means the Council of the borough : " The town clerk," "the treasurer," "the surveyor" respectively mean the town clerk, the treasurer, and the surveyor 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 rates " mean respectively the district fund and general district rates of the borough : "The rural sanitary authority "means the rural sanitary authority for the Pylde Union : The term " street" applies to and includes any highway, and any road, public bridge (not being a county bridge), lane, footway, square, court, alley, passage, whether a thoroughfare or not, whether made before or after the commencement of this Act: The term "owner" means the person who for the time being receives the rackrent of the lands with reference to which that 4 [42 & 43 Vict.] Blackpool Improvement Act, 1879. [Oh. CXCix.] term is used, whether on his own account or under or by virtue A.D. 1879. of any mortgage or charge, or as agent or trustee for any other person, or who would so receive the same if the lands were let at a rackrent, and includes every successive owner from time to time of the lands for any part of the time during which the enactment wherein that term is used operates in...

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