Burnley Borough Improvement Act 1883

JurisdictionUK Non-devolved
Citation1883 c. lxxvii
Year1883
CHAPTER
lxxvii.
An
Act
to amend
and
extend
the
Acts
relating
to
the
A.D.
1883.
--
Borough
of
Rurnley
and
to make
further
provision
for
its
Local Governnient
and
Improvement to
authorise
the
Con-
struction
of'
new
Waterworks
and
for
other purposes.
[29th
June.
1883.1
IIERBAS
tlic Boro~igli
of
Ihrnley, in
tlie
county palatine
of
Lancaster is
a
1111
tnicipnl
Borough
under
the
govcrnnicnt of
tlic
Jfajior
Aldcrmcii
mid
Burgesses
of
the Borough (in tliis Act
referred
to
as
"
tlic
Corporation
")
and is subjcct to the ;Municipal
Corpoiations Act
18S2
:
Ancl
whcrens tlio Corporation acting
bp
the Council
of
the
Borough
arc
the
sanitary authority for the Borough with the powers
and obligations
of
an
urban sanitary authority
:
And
wliercas
Tlic Bnrnlcy Borough Improvcnient Act
1S71
is in
force .within tlic Borough
and
is herein-after referred to
as
"
the
Act
of
IS71
"
:
And whereas the net amiual value
of
property
in
the Borough
ratenblc to the relief
of
the poor amounts for the year one thousand
eight hundrcd
aiitl
eighty-two
to
one
liuntlrcd and forty-two
thousand seven liimdred and eighty-six pounds
:
And whereas tlic Corporation are thc owners
of
the gas and
water undertakings
of
the Borough
and
it
is
expedient that the
powers
of
the Corporation in respect thereto be enlarged
and
that
thc Corporation
be
authorised to construct lay
clown
and maintain
tlic new watcrivorks in this Act described
:
Ancl
wlicreas it is expedient to amend
and
extend tlic enaqtments
in
force relative to tlie improvcmcnt
and
govcrnnicnt
OP
tlic
Borough
tlic
water
supply
the marlicts
and
otlicr
matters
and to
malic provision
as
in tliis
,Ict
nientioncd
for
conferring further
powers upon tlic Corporation for tlic
good
government improvement
and regu1at)ion
of
the
Borough
:tad
for the othcr purposes
in
this
Act
mentioned
:
IV
[Locctl.-77.]
A
1.
[Ch.
1xxvii.l
B,zLmley
Borough
Improvemeat
[46
&
47
VICT.]
Act,
1883.
AD
l883.
And whcrcas the Corporation did in accordance with the provi-
sions in that
behalf
of the fict of
1871
give the notice required
bv
that Act with reference to the purchase
of
fairs within the mark&
limits
of
the Corporation and
all
claims with reference to all legal
fair rights within the Borough have been duly satisfied and
all
such
rights arc now vested in thc Corporation
:
And diereas thc Corporation acting under the powers confcrred
upon them by the ,4ct of
1871
and
thc Acts therein mentioned and
by
three subsequent Provisional Orders
of
the Local Government
Board respectively confirmed
by
The Local Governnient Provisional
Orders Confirmation (Belper Union &c.) Act
1878
(herein-after
called
the Order of
1878
”)
and The Local
Government
Pro-
visional Orders Confirmation
(Aspull
&e.)
Act
1879
(lierein-after
called
‘(
the Order
of
1879
”)
have from time
to
time borrowed
various moneys amounting in the whole to three hundred
and
thirty
thousand eight liundred and ninety-five pountls twelve shillings and
one penny
:
And whereas estimates have been prepared for the purchase
of
lands for
and
the execution
of
thc waterworks by this Act autho-
rised and
for
new street expenses
and
such estimates are
as
follows
:
-
For
wateiworks sixty-five thousand pounds
;
For
new
strcet expenses ten thousand pounds
:
And
whereas the several works included
in
such cstimatcs are
permanent
worlis
within the meaning
of
scction
two
hundred and
thirty-four of The Public Hcaltli Act
1875
:
And
whereas
the Corporation have from time to time out
pf
the
profits of the gas undertaking which should in the ordinary course
have been carried to tlic credit
of
the Borough
Fund
set apart and
expended
upon
permanent works in connexion with the Gas
undertaking and
in
the improvement
of
that undertaking
sums
amounting
to
twenty-nine thousand nine hundred and
fifty
pounds
eighteen shillings
and
fivepencc in excess
of
the
sums
which under
the
Act
of
1871
they are authorised
to
set apart and expend out
ol
such profits
:
Anci
whereas
by
reason
of
such expenditure out
of
profits the
Borough Fund is indebted
in
the
sum
of
twenty-one thousand
2nd
fifty-nine pounds
six
shilliiigs and fivepencc in respcct
of
dcficicncics upon the following
accouri
ts
(namely)
:
hIaylicts--Eleven thousand
tlirce
hundred ancl eighteen pounds
ancl
sirtccii shillings
;
_~111ount owing to the treasurer (being
Ihc
amount
of
clcficicncy
On
Borough Fund Account,) ninc thousand scvcii hundrccl
and
forty pounds ten shillings
and
fivepencc
;
2
~46
6;
47
Vrar.]
Burnley
Borough
Improvement
[Ch.
Ixxvii.]
Act,
1883.
and
it
is expedient that the Corporation should be authorised to
A.D.
1883.
borrow the sum
of
twenty-one thousand pounds on account of the
-
Gas
undcrtaking for the purpose
of
paying to the Borough Fund
the amount
of
such dcficicncies
as
aforesaid and that thc aforesaid
expenditure
of
the balance
of
the said sum of twenty-nine thousand
nine hundred and fifty pounds eighteen shillings and fivcpence in
excess
of
the said
SUM
of
twenty-one thousand and fifty-nine
pounds
six
shillings and fivepence sliould be confirmed
:
And whereas
it
is expedient that the Corporation
be
authorised
to
raise further money by borrowing
:
Ancl whereas the position with respect to indebtedness
and
sinking fund
and
1)orrowing powers
of
the Corporation
was
on the
twenty -fifth
clap
of
March one thousand eight hundred and cighty-
three such
as
is
shown in the First Schedule
to
this Act
:
And whereas the Corporation have from time to time (save
as
regards tbe aforesaid deficiency on markets) sct apart the
sums
required to be from time to time set apart
as
sinking funds
for
the
redemption of the various mortgages created under tlie several Acts
and Orders set out in the said First Schedule
and
have from time to
time thereout
paid
off
and extinguished pro tanto the loans raised
by them under such powers and
it
is expedient that further provision
should be made with referencc to sinking fund for the purpose
of
the redemption of such of the said mortgages
as
remain unredeemed
at the passing of this Act
:
And whereas
it
is
expedient that the Corporation be empowered
to
excrcise their statutory borrowing powers for the time being by
means
of
the creation and issue
of
Corporation stock
and
that further
provision be
made
with reference to the borrowing powers and
securities
of
the Corporation and tlie repayment
of
borrowed
moneys
:
And wliereas plans and sections showing the lines situations and
lev&
of
tlie works authorised
by
this Act and also books
of
rcbference
to
such plans containing the names
of
the owners and
lessccs
or
reputed owners
and
lessees and
of
the occupiers of the
lands required
or
which may be taken for the purposes or under the
powers
of
this Act were duly deposited with the clerk of the peace
for thc county
of
Lancaster and are in this Act respectively referred
to
as
the deposited plans sections
and
book
of
reference
:
And
whereas
an
absolute majority of the ~vliolc number
of
the
Council
of
thc Borough at
a
meeting held
on
the thirtieth
day
of
Octollcr onc tlionsnnd eight hundred
and
cighty-two after ten clear
days notice
by
public atlvertisrnicnt
of
such
niccting
2nd
of
tlic
purposes thcreof in tlic 3Iancl.cster Couricr
a
local
newspaper
A2
3

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