Bolton Tramways and Improvement Act 1897

Publication Date:January 01, 1897
 
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Bolton Tramways and Improvement Act 1897

(60 & 61 Vict.) c. cxxxiv

An Act to enable the Mayor Aldermen and Burgesses of the Borough of Bolton to construct Additional Tramways in and adjacent to the Borough to construct Highway and other Works to borrow Additional Moneys and for other purposes.

[15th July 1897]

£60 & 61 Vict.] Bolton Tramways and Improvement [Oil. CXXXiv] Act, 1897. CHAPTER cxxxiv. An Act to enable the Mayor Aldermen and Burgesses of a.d. is97. the Borough of Bolton to construct Additional Tramways in and adjacent to the Borough to construct Highway and other Works to borrow Additional Moneys and for other purposes. [15th July 1897.] W HEREAS the borough of Bolton in the county of Lancaster is a county borough subject to the Acts relating to municipal corporations and under the government of the mayor aldermen and hurgessesof the said borough (herein-after called "the Corporation") acting by the council: And whereas by the Bolton and Suburban Tramways Order 1878 41 & 42 Vict. confirmed by the Tramways Orders Confirmation (No. 1) Act 1878 c*ccxxxl-and in this Act referred to as " the Order of 1878 " the Corporation as to the said borough and certain adjacent townships and the local boards for the districts of Astley Bridge Farnworth and Kearsley Tespectively as to their said respective districts were authorised to construct certain tramways and to enter into and cany into effect agreements inter se with respect to the construction maintenance repair and management of any of the tramways for the time belonging to any of the contracting parties or of any part thereof and to appoint a joint committee to carry into execution all or any of the powers of that Order: And whereas by the Bolton and Suburban Tramways Order 1888 51 & 52 Vict. confirmed by the Tramways Orders Confirmation (No. 2) Act 1888 c-xcv-and in this Act referred to as " the Order of 1888 " the carriages used on the said tramways were authorised to be worked by steam electrical or any mechanical power under and subject to the conditions in that Order specified: And whereas the Corporation as to the portions of the tramways constructed by them under the powers of the Order of 1878 demised the same for a term of years which determined on the seventeenth [Price Bs. 9tf.] * A 1 [Oh. CXXXiV.] Bolton Tramways and Improvement [60 & 61 Vict.] Act, 1897. A.D. 1897. day of December one thousand eight hundred and eighty-eight and the said portions are now being worked by the executor of one of the former lessees of the tramways under a lease for a short term subject to certain conditions prescribed by the Corporation as to the motive power to be used in working the said tramways : 54 Vict An^ whereas DV tne Bolton Corporation Tramways Act 1891 (in c. xiii. ' this Act called "the Act of 1891") the Corporation were authorised to construct additional tramways in and adjacent to the borough and those tramways were for all purposes constituted a part of the tramway undertaking of the Corporation : And whereas it is expedient that the Corporation be empowered to construct and maintain additional tramways in and adjacent to the borough: 56 & 57 Vict. And whereas by the Bolton Corporation Tramways Act 1893 c-lv- (in this Act called " the Act of 1S93 ") it was provided that if the Corporation were unable to demise such of the said tramways as were constructed by them upon such terms as would in the qpinion of the Board of Trade yield an adequate rent therefor the Board of Trade might grant the Corporation licence to work the said tramways and that if any of the said local boards should be in like manner unable to demise such of the tramways as were constructed by them and the Corporation should be working any tramways in immediate connexion with the tramways of such local boards the Corporation should if the Board of Trade so directed agree with such local boards to work their tramways and that the Board of Trade should in such case grant a licence to the Corporation to work the same accordingly: And whereas it is expedient that the restrictions on the working of the tramways by the Corporation should be removed: And whereas it is expedient that the Corporation be empowered to construct the highway works herein-after described : And whereas it is expedient that the Corporation be authorised to construct in and under streets in the borough lavatories and other public conveniences with proper accesses thereto: And whereas it is expedient that the Corporation be authorised to provide a fund for the encouragement of thrift among persons in their employ : And whereas the Corporation in the year one thousand eight hundred and ninety-four established a voluntary pension fund for the benefit of those members of the fire brigade of the borough who are required to devote the whole of their time to the duties of their office and who are termed and in this Act referred to as " members of the permanent fire brigade " and to which fund (in this Act referred 2 [60 & 61 Vict.] Bolton TramiucAjs and Improvement [Oh. CXXXiv.] Act, 1897. to as " the fire brigade existing pension fund ") those members have a.D. 1897. contributed eight per centum or thereabouts of their wages and it is expedient that the Corporation be authorised to establish a permanent fire brigade pension fund to which all the members of the permanent fire brigade should contribute and to which the fire brigade existing pension fund should be transferred and that the rate of contribution to the permanent fire brigade pension fund by the contributors to the fire brigade existing pension fund should be as in this Act prescribed: And whereas an Act (herein-after called " the Bolton Moor 32 Geo. III. [Enclosure Act") was passed in the thirty-second year of His late c- 7l Majesty King George the Third for (amongst other purposes) inclosing dividing and allotting a certain common or waste ground called Bolton Moor and other the commons and waste grounds within the township of Great Bolton which now form part of the parish of Bolton within the borough and by that Act after provision for certain specific allotments including an allotment to the lords of the manor of Bolton for and in respect of their right and interest in the soil of the said commons and waste grounds power was given to commissioners therein named to set out and allot the residue of the common and waste grounds within the said manor in lots and to sell or lease such lots for a term of five thousand years free from the claims of the lords or landowners within the said manor except the mines and minerals thereunder which were to be excepted and reserved to the lords of the said manor but subject to the payment of annual chief rents to certain persons appointed under the said Act to be trustees for the said, township of Great Bolton and by the said Act the said commissioners were empowered to sell or lease the said lots free from the claims of the lords or landowners within the said manor (other than the lords rights to mines and minerals) but no provision was or has been made with respect to the fee simple or reversion of the said lots expectant on the determination of the .terms of years for which the same should be so demised: ... And whereas in pursuance of the said Act divers leases or other assurances of the said residue were made by the said commissioners whereby yearly chief rents (subsequently termed "Bolton Moor rents ") became payable to the said trustees and those rents by virtue of section 17 of the Borough of Bolton Act 1850 became vested in 13&14 Vict. the Corporation and the Corporation were by section 45 of the Bolton *' *!; sg !£ ?Improvement Act 1854 authorised to sell the same with the consent c dix s *.; of the Treasury: :. And whereas it is desirable for the purpose of any sale by the Corporation of the said rents or of any interest vested in them in A 2 ' 7 jj CXXXiV.] Bolton Tramivays and Improvement [60 & 61 Vict.] Act, 1897. A.D. 1897 respect of the said residue that such fee simple and reversion should - be vested in them and that they should be empowered to dispose thereof: 28&29Yicf. And whereas under the Bolton Improvement Act 1865 the c. xii. Corporation were empowered to enlarge the area of a recreation ground on the north-westerly side of Lever Street in the borough and known as the Heywood Recreation Ground and for the purpose of such enlargement certain lands were demised to them for a term of four thousand years at a yearly rent of one hundred and forty-three pounds thirteen shillings and eight pence by Thomas Myerscough and Fletcher Eitson as executors and trustees under the will of William Holden deceased and it was by the lease thereof to the Corporation from those executors and trustees provided that they the Corporation should be entitled to purchase the reversion of the said lands expectant upon the determination of the said term discharged from the said yearly rent for the sum of three thousand one hundred and sixty-one pounds and eight pence after notice in writing to the lessors of the desire of the Corporation to make such purchase but that they the lessors should not be under any obligation to convey such reversion until they had power under the terms of the said will or until the Corporation should have obtained from Parliament powers enabling the lessors to sell and convey such reversion : And whereas the executors and trustees of the will of the said William Holden are not at the present time empowered under the terms of the said will to sell and assign the said reversion and it is expedient that they should now be empowered to sell and assign the same: And whereas all rates leviable within the borough (except rates for the relief of the poor within the parish of Bolton) are now made levied and collected by the Corporation and the council of the borough having now vested in them the power of appointing overseers and assistant overseers for the parish of Bolton and sueU parish being...

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