Bury Improvement Act 1885

Publication Date:January 01, 1885
 
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Bury Improvement Act 1885

(48 & 49 Vict.) c. cxlvi

An Act to extend the municipal boundary of the borough of Bury to confer further powers upon the Corporation of Bury with respect to their gas and water undertakings and to make further provision for the good government of the borough to authorise the creation of Corporation stock and for other purposes.

[31st July 1885]

[48 & 49 Vict.] Bury Improvement Act, 1885. [Ch. CXlvL] CHAPTER cxlvi. An Act to extend the municipal boundary of the borough of A,I -1885 Bury to confer further powers upon the Corporation of Bury with respect to their gas and water undertakings and to make further provision for the good government of the borough to authorise the creation of Corporation stock and for other purposes. [31st July 1885.] THEREAS the borough of Bury in the county of Lancaster is a municipal borough under the government of the mayor aldermen and burgesses thereof (in this Act referred to as "the Corporation") and the Corporation acting by the council of the borough are the urban sanitary authority for the district of the borough: And whereas the borough is subject to the Acts relating to municipal corporations and to the several Public and Local Acts provisional orders and sanctions of public departments mentioned and referred to in the Firsb Schedule to this Act annexed and now in force (which Acts orders and sanctions together with the Acts altering amending or affecting any of such Public Acts so far as the same relate to the borough are in this Act referred to collectively as " the Corporation Acts ") : And whereas it is expedient that the boundaries of the borough should be extended in manner by this Act authorised: And whereas the Corporation are the owners of the gasworks and waterworks which respectively supply the borough and a portion of the neighbourhood with gas and water and it is expedient that they be empowered to borrow further moneys for the improvement of their said works respectively and that the powers of the Corporation in relation thereto should be otherwise enlarged : And whereas it is expedient that further powers in relation to streets buildings sanitary and other matters should be conferred on the Corporation: \Local-446 file:///Local-446 .] A 1 [Oh. CXlvi.] Bury Improvement Act, 1885. [48 & 49 Vict.] A.D. 1885. And whereas it is expedient that the Corporation should be empowered to consolidate rates and assessments in manner provided by this Act: And whereas the Corporation have from time to time set apart sums as sinking funds for the redemption of the various mortgages and annuities created under the Corporation Acts set out in the Second Schedule to this Act annexed and have from time to time thereout paid off and extinguished pro tan to the loans raised by them under such powers and it is expedient that further provision should be made with reference to sinking funds for the redemption of such of the said mortgages and annuities as remain unredeemed at the passing of this Act: And whereas estimates have been prepared for carrying out the purposes aforesaid and the same are as follows : For gasworks purposes For waterworks purposes - £ s. d. 28,263 2 3 100,000 0 0 £ 128,263 2 3 And whereas the several works included in such estimates are permanent works within the meaning of section 234 of the Public Health Act 1875: And whereas the Corporation have from time to time expended upon permanent works in connexion with their gas undertaking sums amounting to thirty-one thousand seven hundred and thirty-six pounds seventeen shillings and ninepence in excess of the sums which under the Corporation Acts they are authorised to borrow for gasworks purposes: And whereas it is expedient that the Corporation should be authorised to borrow the said sum of thirty-one thousand seven hundred and thirty-six pounds seventeen shillings and ninepence in addition to the sums herein-before set forth : F And whereas the Corporation require to raise moneys for the purposes aforesaid and it is expedient that the Corporation should be authorised to raise moneys for the several purposes herein-before mentioned in manner by this Act provided: And whereas the Corporation are empowered under the Corporation Acts from time to time to levy rates and to borrow moneys for the purposes of the said Acts respectively : And whereas the Corporation acting in execution of the Corporation Acts have from time to time raised various sums of money by 2 [48 & 49 Vict.] Bury Improvement Act, 1885. [Ch. CXlvi.] mortgages and annuities and such sums have been charged upon A.D. 1885 various securities at various rates of interest and are repayable at various times: And whereas a statement with respect to the indebtedness and sinking fund and borrowing powers of the Corporation on the twenty-fifth day of March one thousand eight hundred and eighty-four is set forth in the said Second Schedule to this Act: And whereas it is expedient that subject to the provisions of this Act the Corporation be empowered to convert any existing securities granted by them under the authority of the Corporation Acts into Corporation stock by agreement with the respective holders thereof and to exercise their statutory borrowing powers for the time being by means of the creation and issue of Corporation stock: And whereas the Corporation are the owners of the gas water and market undertakings and of valuable land and property in the borough: And whereas the net annual value of the property in the borough rateable to the relief of the poor now amounts to two hundred and fifteen thousand four hundred and forty-one pounds : And whereas it is expedient that further and other powers be conferred and provisions made as are herein-after contained: And whereas an absolute majority of the whole number of the council at a meeting held on the thirtieth day of October one thousand eight hundred and eighty-four after ten clear days notice by public advertisement of the meeting and of the purpose thereof in the " Bury Times " a local newspaper published or circulating in the borough such notice being in addition to the ordinary notices required for summoning that meeting resolved that the expense in relation to promoting the Bill for this Act should be charged on the borough fund and borough rate : And whereas that resolution was published twice in the " Bury Times " a newspaper circulating in the borough and has received the approval of the Local Government Board in respect of matters within the jurisdiction of that board and the approval of one of Her Majesty's Principal Secretaries of State in respect of other matters : 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 twenty-second day of January one thousand eight hundred and eighty-five being not less than fourteen days after the deposit of the Bill for this Act in Parliament: And whereas the owners and ratepayers of the borough by resolution in the manner provided in the Third Schedule of the A 2 3 [Ch. CXlvi.] Bury Improvement Act, 1885. [48 & 49 Vict.] AJX 1885. Public Health Act 1875 consented to the promotion of the Bill for this Act: And whereas the objects aforesaid cannot be effected without the authority of Parliament: 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 I.Preliminary. Short title. 1. This Act may be cited for all purposes as the Bury Improve- ment Act 1885. Act to be 2. This Act is divided into parts as follows: divided into Part I. Preliminary, parts. part IL Extension of Borough. Part III Gas. Part IV. Water. Part V. Sanitary Provisions. Part VI. Infectious Diseases. Part VII. Streets. Part VIII. Buildings. Part IX. Provisions as to Barn Brook &c. Part X. Sewers. Part XI. Parks &c. Part XII. Police &c. Part XIII. Notices and Procedure. Part XIV. Borrowing &c. Part XV. Corporation Stock. Interpreta- 3. In this Act tl0n* " The existing borough " means the borough of Bury as existing immediately before the passing of this Act; " The added part of the borough " means the district added to the existing borough by this Act; "The borough" used without qualification or "the extended borough " means the borough as extended by this Act; " The Corporation " means the mayor aldermen and burgesses of the borough; " The council " means the council of the existing borough or of the extended borough (as the case may require); " The borough fund " and " the borough rate " mean respectively the borough fund and the borough rate of the borough; 4 [48 & 49 Vict.] Bury Improvement Ad, 1885. [Oh, cxlvi.] "District fund" and " general district rate " mean the district A.D. 1885. fund and general district rate of the district of the Corporation pabt~L Prelimi' as a sanitary authority ; " The town clerk" "the treasurer" "the surveyor M u the medical iiary% officer of health" "the inspector of nuisances" respectively mean the town clerk the borough treasurer the surveyor the medical officer of health and the inspector of nuisances of the borough and " office" in relation to any such officer means the office of such officer at the municipal buildings or at such other place in the borough as the Corporation may from time to time appoint; " The Municipal Corporations Acts" means the Municipal Corporations Act 1882 and all Acts for the time being in force amending or extending the same ; " The Public Health Acts" means the Public Health Act 1875 and all Acts for the time being in force amending or extending the same; " The Education Acts" means the Elementary Education Act 1870 and any Acts amending the same ; "Infectious disease" means and includes...

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