Bury Corporation Act 1909

Publication Date:January 01, 1909
 
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Bury Corporation Act 1909

(9 Edw. 7) c. clix

An Act to consolidate with amendments certain of the Local Acts in force within the county borough of Bury to make further provision in regard to the various undertakings of the Corporation and to make better provision for the health and local government of the borough and for other purposes.

[20th October 1909]

[9 Edw. 7.] Bury Corporation Act, 19UU. [Qh. clix.j CHAPTER clix. An Act to consolidate with amendments certain of the A.D. 1909. Local Acts in force within the county borough of Bury to make further provision in regard to the various undertakings of the Corporation and to make better provision for the health and local government of the borough and for other purposes. [20th October 1909.] W HEREAS the county borough of Bury (herein-after called " the borough ") is a municipal borough under and subject to the Municipal Corporation Act 1882 and is also a county borough under the Local Government Act 1888 and the mayor aldermen and burgesses of the borough acting by the council (herein-after called " the Corporation ") are the sanitary authority for the district and the borough under the Public Health Act 1875 and are also the local authority for the same district within the meaning of the Tramways Act 1870 and the Electric Lighting Acts 1882 and 1888: And whereas there are in force in the borough numerous Local Acts and Orders which relate to the improvement and local government of the borough including the supply of gas and electricity the construction and working of tramways and other matters : And whereas many of the provisions of those Acts and Orders have been superseded by subsequent legislation and ought to be repealed and it would be of local and public advantage if such of the provisions of the said Acts and Orders as it is deemed expedient to retain were consolidated with certain amendments and additions in one Act; [Price 12*.] A 1 [Ch. clix. I Bury Corporation Act, 1909. [9 Edw. 7.] A.D. 1909. And whereas it is expedient at the same time to extend in various respects the powers of the Corporation relating to matters comprised in those enactments and to other matters of health and local government: And whereas it is expedient that the other powers contained in this Act should be conferred on the Corporation: And whereas the purposes aforesaid cannot be effected without the authority of Parliament: And whereas an absolute majority of the whole number of the council at a meeting held on the sixteenth day of December one thousand nine hundred and eight after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in the Bury Times a local newspaper published and 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 promoting the Bill for this Act should be charged on the borough fund: And whereas such resolution was published twice in the said Bury Times 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 seventh day of January one thousand nine hundred and nine being not less than fourteen days after the deposit of the Bill in Parliament: And whereas in relation to the promotion of the Bill for this Act the requirements contained in the First Schedule of the Borough Funds Act 1903 have been observed : May it therefore please Your Majesty that it may be enacted and be it enacted by the King'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 I. Preliminary. Short title 1. This Act may be cited as the Bury Corporation Act 1909 S1en^ment and sha11 save as otnerwise m this Act expressed commence and take effect on the first day of January one thousand nine hundred and ten which date is herein-after referred to as "the commencement of this Act." 2 [9 EDW. 7.] Bun/ Corporation Art, 1909. [Ch.. Clix.] 2. This Act is divided into Parts as follows: a.d. 1909. Part I.Preliminary. Division of Part II.Gas. £cf int0 Parts. Part III.Tramways. Part IV.Electricity. Part V.Markets Fairs and Slaughter-houses. Part VI.Parks. Part VII.Burial Grounds. Part VIII.Public Buildings Baths &c. Part IX.Lands. Part X.Streams and Bridges. Part XI.Building Regulations. Part XII.Streets Sewers and Drains. Part XIII.Sanitary Provisions. Part XIV.Milk Supply (Tuberculosis). Part XV.Ice Cream. Part XVI.Smoke Prevention. Part XVII.Common Lodging-houses* Part XVIII.Rates. Part XIX.Financial Provisions. Part XX.Fire Insurance and Accident Funds. Part XXI.Public Vehicles and Street Traffic. Part XXII.Street and other Police Offences. Part XXIII.Miscellaneous. Part XXIV.Repeal. The limits of this Act shall save as otherwise in this Limits of Act expressed or implied be the borough. A 1' The several words and expressions to which by the interpreta-Acts wholly or partially incorporated with this Act and by the t,on* Public Health Acts meanings are assigned shall in this Act have the same respective meanings unless there is something in the subject or context repugnant to such construction and in the Acts wholly or partially incorporated with this Act for the purposes of this Act "the undertakers" or "the company" or " the commissioners " means the Corporation And in this Act unless the subject or context otherwise requireg "The borough" means the county borough of Bury as constituted and existing at the passing of this Act; '' The Corporation " means the mayor aldermen and bur. gesses of the borough ; A 2 3 [Oh. Clix.] Bury Corporation Act, 1909. [9 Edw. 7.] A.D. 1909. The mayor " means the mayor of the borough ; " The council" means the council of the borough ; "The town clerk" and "the treasurer" "the surveyor" " the medical officer " and " the inspector of nuisances " mean respectively the town clerk the treasurer the surveyor the medical officer of health and the inspector of nuisances of the borough and respectively include any person duly appointed by the Corporation to discharge temporarily the duties of any of such officers; "The borough fund" "the borough rate" "the general fund" and " the general rate" mean respectively the borough fund the borough rate the general fund and the general rate of the borough; " Corporation Acts " means this Act and such sections of Acts of Parliament as are excepted from repeal and set out in the Sixteenth Schedule to this Act; "The gasworks undertaking" includes all lands properties works buildings machinery plant mains apparatus appliances rights powers and privileges for the time being belonging to or held or used or enjoyed by the Corporation for or in relation to gasworks or the manufacture storage or distribution or otherwise for or in' relation to or in connexion with the supply of gas by them; " Mechanical power " means steam electrical and any other motive power not being animal power; "Engine" includes motor; " The authorised tramways" means the tramways authorised to be constructed by the Corporation at the passing of this Act but the construction of which has not been completed and which are described in Part II. of the Third Schedule to this Act; u The Corporation tramways" means the tramways described in Part I. of the Third Schedule to this Act and the authorised tramways and any tramways tram-roads or light railways for the time being belonging to constructed or authorised to be constructed by the Corporation and whether within or beyond the borough; "The demised tramways" means any tramways tram-roads or light railways whether within or beyond the 4 [9 Edw. 7.] Bury Corporation Act, 1909. [Ch. clix.] borough not belonging to the Corporation but which a.d. 1909. for the time being are demised to or worked by the Corporation or on which the Corporation for the time being have power to and do place and run carriages; " The tramways undertaking" includes the Corporation tramways and omnibuses and demised tramways and also all lands buildings stations machinery appliances apparatus rights powers and privileges for the time being belonging to the Corporation or held or used or enjoyed by them for or in relation to or in connexion with the Corporation tramways and omnibuses; " The electricity undertaking " includes all lands properties works buildings stations machinery plant mains apparatus appliances rights powers and privileges for the time being belonging to or held or used or enjoyed by the Corporation for or in relation to or in connexion with the supply of electricity by them; "The markets undertaking" includes all lands properties buildings apparatus appliances manorial and other rights franchises powers authorities and privileges for the time being vested in held used or enjoyed by the Corporation for the purposes of or in connexion with markets fairs refrigerators cold air stores and ice-making apparatus slaughter-houses or dead meat markets; "Stream" means the Barn Brook and any other stream or watercourse in the borough; "Closet accommodation" means any receptacle for human excreta and the fittings and apparatus connected therewith; " Cattle" includes horses asses mules sheep goats and swine; "Dairy" means any farm farmhouse cowshed milk-store milkshop or other place from which milk is supplied or in which milk is kept for purposes of sale; "Dairyman" means any cowkeeper purveyor of milk or occupier of a dairy; " Infectious disease " means any infectious disease to which the Infectious Disease (Notification) Act 1889 for the time being applies within the borough; A3 5 [Ch. clix.] Sury Corporation Act, 1909. [9 Edw. 7.] A.D. 1909. Statutory borrowing power " means any power whether or not coupled with a duty of...

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