Cleethorpes Improvement Act 1902

[Ch.

cliv.]

Cleethovyes

h/p~ovme/tf

Act,

1902.

[Z

EDW.

7.1

A.D.

1902.

respectively referred to

as

the deposited plans sections and book

of

reference

:

And whereas an absolute majority of the whole number

of

the

Couiicil

at

a

meeting held

on

the sixth day

of

November

one

thousand nine hundred

and

one after ten clear clays' notice by

public advertisement

of

such meeting and

of

the purpose thereof

in

the Grimsby

News

a

local newspaper circulating in the district

such

notice being in addition to the ordinary notices required

for

suniinoning such meeting resolved that it was expedient to promote

the

Rill

for

tliis

Act

:

,btl

n.lxrc:is such resolution

was

published twice in the

Grimsby Telegraph a

local

paper circulating in tlie district

ttiict

has

received

the

approval

of'

the Local Government Board

:

And

whemis

tllc:

pxpriety

of

the pi-oinotion

of

the Bill for this

Act

was

confirmed

by

iiii

absolute majority

of

the whole nunlbw

of

the Council at

a

further

special meeting

lielcl

iii pursuancc

of

n

similar

noticc

on

the

c>iglith

clay

of January one thousand

i!iiicb

liimciretl

a;id

two

iieiiig

not

lcss

tliaii

fourteen

days

after the

!Ioposit

of

t

hc

T~ll

in

.Pcirliaiim~t

:

And

wliereas

thu

oivncrs

and

ratepayers of the district

by

icsoliition in tlis

mmim

provided in the Third Schedule

of

the

l'ublic

Health Act

1875

consented to the promotion of the Bill

for this Act

:

Jfay

it therefore please Your Majesty that it

inay

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.

Division

of

1.

This Act inay be cited as the Cleethorpes Improvement

2.

This Act

is

divided into parts as follows

t-

Act

1902.

Part I.-Preliminary.

Part

11.-Works and Lands.

Part

111.-Improvement Charge.

Part 1V.-Tramway.

Part

V.-Electricity Supply.

Papt \'I.-Recreation Grounds.

Part VI1.-Seashore.

Part

VlI1.-Infectious Disease,

Act

iiito

parts.

4

i2

EDW.

7.1

Cleefhor~ies

It,zpi.ove,ttolf

-IC:>

19~k2a

I-CX.

div.]

Part 1X.-Tuberculosis.

Part

X.

--Streets aiid Buildings.

Part X1.--Sanitary 3I;Lttcis.

Part

XI1.--Police.

Part XII1.-Hackney Carriages.

Part

X1Y.-Finance.

Part XV.--PJegal Proceedings.

Part XVI.-nlisccll,2ceolzs.

3.

Tho Lands Clauses Acts (except swtioii

127

of’

!hc

Lanck

TIWOY~OV.~.

Clauses Consolidation

Act

1845)

and tlie Tramways

&!ct

I

:~70

so

ti%)i‘

Of

far

as

the same are applicable for the purposes

Liilil

are

not

inconsistent with the provisions

of

this Act are iiicoipi~atc-~l

with

mid

form

part

of

this Act.

meanings hereby assigned unless

the

subject or context otherwise

tioil.

4,

In

this Act the following words and expressions have the

1iiicq)rrt:t-

requires

:-

‘*

The district

”

means the

urban

district

of

Ckethorpes-with-

Thrunscoe

:

‘‘

The Council

”

means

the

urlx~ii district council

of

Cleethorpes-

with-Thrunscoe

:

cc

The district fund

”

niid

”

general

district

rate

‘’

iiieaii

the

district fuiid aiid general district rate of

the

district

:

**

‘i’hc

Comrnissioiiers

”

ineais tlicl

H-unilm

Coiiscrvuiicy

Commissioners

:

‘‘

High-water

mark

of

0rclin;try spring ti(les

”

inecLiis

higli-w:iter

mark

of

ordinary spring titlei;

Ilclrniral

ty

dnt

m:

:

“

Daily peiialty

‘’

means penalty

for

each

clay

on

whch

1x11

offence is continued after conviction

:

“

The seashore

”

means and incluJes the

scaslioiae

f’oriishox

111itl

a11 the beach and sands within the district

:

‘(

The Vagrancy Acts

”

means the

Vagreiicy

Act

1824

ancl

any

Act for the time being in force nnioiiding the saiiie

:

The clerk

”

“

the surveyor

”

(‘

tlie

incc1ic:d

oficcr

of

licalth

’’

“

the inspector of nuisances

”

n:c:~iis

respecl.tix

ely

thcl

c.1~~1;

and

tlie surveyor

to

the Council

;iiitl

th,: ineclical

oficer

of

health

and

inspector

of

nuisaim-.;

of

the

district

ancl

“

tlic

office

”

in

relation to

any

of

the

said

cbl?icc~s

ii~ans

tile

office

of

that officer

at

the Couiicil

ofices

or

at

such other

place iii the district,

as

the

Coulic4

nlitj-

€run1

tiinc to tiiiic.

appoint

:

‘‘

The tramway

”

nieniis

the tramway

by

this

Act,

ziitliorisd

:

“

The tramway undertaking

”

mean?

the

trnmm)-

~w~lertakii~~~

of

the

Council for the time being autlio~ised

:

A3

6

[Ch.

cliv.]

Cleethoqies

Imlirovement

Act,

1902.

[2

EDW.

7.1

AD.

1902.

“

Tramway revenue

”

nieitns

all

revenue of the tramway untler-

‘‘

Mechsnical power

”

includes steam clectrical ancl every other

(6

E

ngine

”

includes motor

:

“

Infectious disease

”

means any infectious disease to which the

Znfcctious I)ist>ases (Notification) Act

1889

applies for the

time being withiii the district

:

“

Dairyman

”

means any cowkeeper purveyor

of

milk or occupier

of

a

dairy:

“

Dairy

”

means and includes any farm farnihouse cowshed niilk

store milk shop or other place from which milk is supplied

or

in

which milk

is

kept, for purposes of sale

:

“

Watercloset

”

means closet accommodation on the water

carriage system flushed by means of clean water supply

from any source reasonably available and constructed in

accordance with byelaws made by the Council

:

‘‘

Sky sign

”

meu11s any word letter model sign device or repre-

sentation in the nature of an advertisement announcement

or direction supported on

or

attached to any post pole

standard framework or other support wliolly or in part

upon

over or above any house hiltling

or

structure whicli

or any part of which sky sign shall be visible against the

sky from some point in

any

street or public way

and

includes all ancl every part

of‘

any such post pole standm1

framework or other support The expression

‘‘

sky

sign

”

shall also include aiiy balloon palachute or similar device

employed wholly or in part

for

the purposes of any adver-

tisement

or

announcement

on

over

or

above any liousc

building structure

or

erection

of

any kind

or

on

or

over

niiy street or public way but shall iiot be deemed

ts

include-.

Any flagstaff pole ~ane or weathercoclz unless adapted

or

used wholly or in part for the

purposes

of

any

or

announcement

;

Any

sign on any board frame or other contrivance

securely fixed to

or

on

the top

of

the wall or parapet

of any building or the cornice

01‘

blocking course

af

any wall or

to

the ridge of

a

roof Provided that

such

hoard frame or other contrivance be

af

one continuoug

face and not open work and do not extend in height

more than three feet above any part of the wall

or

parapet or ridge to against

or

on which it

is

fixed

9r

supported

e

-I

taking

:

motive power not

being

animal power

:

R

[‘2

EDW.

7.1

P/c~thnrpps

InzpnvmP~~t

Act,

i902

[Ch.

cliv.]

hy

huch

word

htt,cl’

Illode1 sigil

thrice or

representation

A.D.

1902.

as

aforesaid wliicli relates exclusively to tlie business

of

;1

railmny comlxxnjr and which

is

placed

or

may be

ldacctl

n

liolly

ii1)oii

or

ovcr

any railway statioii

yard

pkLtf(Jrl11

or

station approach belonging

to

a

railway

conilmny aiicl whicli

is

also

so

placed tbal

it

could

not

fall into

aiiy

s~ixxt

or

piiblic place

:

S.

Statutory

secxrity

”

iiic:uis ilily

secnlzity

in wliicli

tlT5~LY*S

are

for the tiiiic: being by

or

:uidcr

any

Act

of Parliaineiit

passecl

or

to

be

pass“c(I

authorised

to

invest>

triist iiioiiey

arid

any

mortgage

boud

clebentrire

dcbenlure

scocli

stock

or

otlier

sccmity (not being annuities rentcharges

or

seeuritics

trniisfera1,lc

by

clvlivery) authorised

1y

or

under

any

tlc.t

of

Parlianicnt 1)assccl

or

to

be

p~s~ccl

of

mig

county cormcil

or

niuiiici~)al corporation

or

other

locid

autliority

as

detinet1

bj7

section

34

of

the Local

Lonns

,lct

1875

other tliaii

sccaritics

of

the

Council.

1‘

liless

the

siibject

or

context otlicrwi,e requires

woids

;~iid

e\prcssions

to wliicli meanings

arc

assigned

by

tlic

-\_cts

wlio~ly

or

partidly

incorpor,~tecl vitli this

Act

0:’

by the Public 1Ic:iltlr

iicts

have

in tliis

Act

the smie respective nieaniiigs.

-

Woms

AND

LANDS.

5.

The

Couiicil

inay 1icit~~ritllstnll:liiIg

any

public

rights

of

wciy

i’(,,,(

I

to

;Lnci otlicr

I

islit.:

innlio

aiicl

nitLiiitaiii

in

tlic lilies

ailtl

:~cccai~Iiiig

to

(*()“-tl

ll(*t

tlie

Icvcls

sh0\\.11 1111011 the

tlcimitc(l

l)!iIns

:~ntl

seetioils

(lie

~vork\

following (that is to

say)

:-

A

sea-wall and einbniikviieiit witli slips ~~roineiiacle

and carriageway

(to

be

called

‘‘

the King’s Parade

”)

nineteen

hundred and seventy-cight feet in length cominencing

at

or

near to the southern end of

the

Great Central Railway

Company’s promeiiade

aiicl

terniinatiiig

at

a

point tliirtj feet

to the south

of

the southern teriiiiiiatioii of

a

fence

1aiow.n

as

Mace’s

Boards

:

\~orlc

KO.

2

A

widening

ot’

~igG

Street

on

the soutli-east

side thereof

ancl

of Alesniiclra

Road

on the south-west

siticl

thereof cornnieiicing in

I1ig.h

-

Street,

at

it

point t~~enty-nine

feet

west

of

the

east

teriiiiiintiori

of

PTigh Strcet

aiid

tcr1iil-

natiiig in Alexandra

Itox1

at

a

poiiil sixty-two

feet

south-east

fi~iu tlie junction

of’

Iligli

Street

niitl

Alcxantli~a

Iloncl

;

\\

01

I,.,

IIrorl;

Xo.

I

v

\

4

i

[Ch.

cliv.]

Cleethorpes

Iiiz~~~ovement

Act,

1902.

[2

EDW.

7.1

A

widening

of

Alexandra

Road

011

tho north

side thereof coiiimencing

at

a

point forty-lv-o feet south-east

of

Knoll Street and terminating

at

the junction

of

Alexandra

Road with High Cliff Road

:

Together with all necessary footways carriageways approaches

roads

coriiniunica tions steps slipwsys sewers drains einbankmeiits

maJls railings groynes sluices culverts aprons jetties landing-places

quays wharves tramways boacons buoys lights

worlrs

appliances

and conveniences connected with or ancillary to the said works

or any

of

them.

6.

In constructing the works authorised by the foregoiilg

provisions

of

this

part

of

this Act the Council may deviate from

the lines thereof

as

shown on the deposited plans to any extent

not exceeding the limits

of

deviatlhn shown on

those

plans and

from the levels thereof

as

shown on the deposited sections

to

any

extent not exceeding two feet either upwards

or

downwards

Provided that no deviation either lateral

or

vertical below high-

water mark shall

be

niarle without the coasent in writing

of

the

Board of Trade.

1.

If

the works authorised

by

the foregoing provisions of

this part

of

this

Act

are not completed within seven years from

the passing of this Act then on the expiration

of

that period

till:

powers

by

this Act granted for the making thereof or

othertvjsc.

in

relation thereto shall cease except

as

to

such

of‘

them

or

so

much thereof respectively

as

is then completed Provided that

the

Council may construct such improvements of and additions

iu

the works constructed under such provisions as they may from

time

to

time deem necessary.

&-(l)

The Council

shall

not under the powers

of

this Act

construct on the shore

of

the sea or

of

any

creek bay

arm

of

the

sea or naripble river commuiiicsting therewith where and

so

far

up

the same

as

the tide flows and reflows

any

work without

.the

previous consent

of

the Board

of

Trade

to

be signified in writing

iiiicler the hand

of

one of the secretaries or assistant secretaries

cif

the Board of Trade and then only according

to

such plan and

under such restrictions and regulations

as

the Board of Trade

nia,y approve of such

approval

being signified

as

last

aforesaid

and where

anF

such work may have been constructed

the

Council

s1i;lll not

at

any time alter

or

extend the

same

without obtaining

yrcviously

to making anv such alteration

or

extension the like

coiismt

or approval,

Work

No.

3

8

AD.

1902.

Power

to

deria

te.

1’c:riotl

for

completion

of

works.

(2)

Before applying

for

such consent as aforesaid the Council

A.D.

1902.

shall furnish to the

clerk

to the Commissioners plans sections

aiid

specifications showing the mode

of

construction

of

the

work

for

which such consent is sought includirig temporary works to

be erected during constnxtion and

if

the Coiiiniissioners xithin

thirty

dap

thereafter object thereto

by

writing addressed to the

Council the objection slinll failing agreement be determined

Ly

the

Boiir(1

of

Trade alld the Council sliall in constructing such

~~rk coiiiplj-

with

tlic

rc;Lsoiiable

directions

of

the engineer to

tho

Commissioners in all

iuatters

affecting navigation.

(3)

If

any such work be coinilienced

OY

completed contrary to

the provisions

of

this Act

the

Board

of

Trade

or

the Coniniis-

sioners

as

the case

rmy

be inay abate

aid

remove

the same and

restore the site tlicreof

to

its

former conclitioii

at

the cost and

charge

of

the Could

and

t>he arnouut of

such

cost

and

charge

s!d1 be

a

debt due

from

the Council to the Crown

or

to the

Commissioners

as

the case inay be

ancl

shall be recoverable

smrimarily

or

if

due to the

Crown

as

a

Crown debt.

9,

If

at,

any time the Board

of

Trade

or

tlie Commissioners

~iirvey

OE

as

the

case

may

be

deem it expedient for the purposes of this

Z'';;;

::

Act

to

order

a

survey

and examination

of

n

work coristructed

'rlade.

by

tlie Council

on

in

over

or

across

tidal lands or

a

tidal water

or

of

the intended site

of

:my such

work

the Council shall

defray

the expense

of

t>he

s~urvey

and examinntion and

thc

aniount

thereof shall

be

R

debt

due from

the Couiicil to the

Croivii

or

to

the Commissioners

as

the case

niay

he

and

shall

he

recoverable

sunimarily

or

if

due

to

the

Crown

as

a

Crown

debt

:

1'n)vicled that the Coniniissioiiers shall not

ercler

any survey

or

examination

of

any

work

or site

if

the Board

of

Trade

have

already ordered

a

snrvep

aid

examination

of

the

~aine.

10.

If

a

work constructed by the Council

in

over through

or

Almteniciil

across

tiM lands

or

i~

tidal water is

a~mi(~onec~

or sueeret1 to

:f,:i$,eci

fall

into

clecag

the 1Soartl

of

Trade

or

the C'omiiiissioners

as

the

clr decngetl.

case

may

Le niay

a1)ate

and

remove the

~~wk

or

any

part

of it

and

restore

the

site tliereof to its

foriner

condition

at

the expense

of

the Couiicil

and

the amouiit

of

such expcnse shall he

n

debt

due from the Council to die Crown

or

to the Coimnissioners as

the case

inay

be

and

shall be recoveiablc:

sumniarily

or

if

due

to

the

Crown

as

a

Crowii debt.

protection

of

the Commissioners

:-

-

11.

The following provisions shall have

effect

for the

protec-

tioii

of

13

umbc

r

(I)

If

during

the

cwistruction

of

any

vork

cmistwd

ed nnder

Consen

anc!

this Act on thr! foreshore

(~r

bctl

of

tlic

ITuiillwi~

rtia

of

any

I3onrd.

9

[Ch.

cliv.]

C'?cefAo?y)cs

I?nproz'ciiw)if

,-Zct,

1902.

[2

EDW.

7.1

temporary structure in coiiiicsion therewith

or

within twelve

months after the coiiiplctioii of tlic

s:iitl

work

or

the reinoval

of such tcmporary structui~

aiicl

in

conseqimicc

of tho

construction

of

sucli

work

or

teinprary

structure

my

acciiniulalion of silt

or

other matcrial

sliall

hr

created in

the Iluiiiber in tlic

I

iciiiity

of

bh!:

said

work

~liicli

shall

cause

an inipedinient to

the

free

iia~vigation

of

tlie Illunilxx

the Council sllall

rewove

suc~h i~ccul~ulatio11 of

silt

or

other

iiiaterial

aiid if they

refuse

or

fail to do

MO

tlte

Comiiiissimers

iii~ty

themselves cause

tlic

work to

be

(lone

ant1

iriay

wco7'er

from

the

Council

the

reasonable cost thereof:

(2)

After the purpose

for

which sucli

teiirpoixry

structures

as

aforesai(1 were constructcd

has

becii

accoinplishcd

the C'ouncil

shall

with

a11 despatch

or

after fourtecn (l:lys' notice

in

writing thereafter

from

the

C'oiiimissioiicrs

so

to

do

reniove

:my such temporary structums

or

any

iiiateriwls

for

the sanic

which

iiiay

have been

placecl

in

the

131mil)er

by

the Council

aiid

011

their failing

to

do

so

the Coiiiiiiissioiiers

inay

rciiiov('

the

same cliargiiig the Couiicil with tlie

espenw

of

so

doiiig

and

the Council shall forthwith

repay

to

the

Commissioners

a11 expenses so incurred

:

(2)

The

Council

shall provide ancl n~iiintain

011

the

face

of tlie

sea

wall

or

enibaiiliment (Work

Yo.

1)

aiicl

at

convenient,

distances from cscli other three proper

and

sufficient flights

of

landing steps aiid

a

slipway

for

vehicles twcnty-four fect

in width

;Lcljoining

che Humber

in

imimx

and

position to

lw

reasonably approved by the Conmissioners

:

(4)

'The

Council shall at their

own

expense

reniove

all

deposits

of

shells

rubbish

or

other like material deposited on the

fore-

shore

if

the

same

be

not removed

pursuaiit

to

my

l~cl~~w

inade

under the

soction

of

this

Act

whtreof the

niargid

note

is

'I

Byelaws

as

to

seashore

"

aiid

in

case

the Council

shall

refuse

or

fail

to

do

so

the Commissioners niay them-

selves remove the

same

and

may

recover from the Council

the reasonable cost thereof

:

(5)

The Council shall not

by

any byelaw

niade

under

tlie

section of this Act whereof the mai~ginal note is

'(

Bpe1a~1-s

as

to

seashore

.'

or

otherwise

permit tlie erection

Mow

tho

high-water mark of ordinary

spring

titles

of

any

fixed

booth

tent shed stand or stall iior

shall

tlie Council by anj-

su1:1i

byelaw permit anything ~vliicli niay

form

an ol,structioii

01'

danger

to

iiarigation

:

A

11.

J902.

IO

I2

EDW.

7.1

Clectl~ol.ps

~IHJ)I~O~WWIL~

Ad,

1902.

[Ch.

cliv.]

(6)

In the event

of

any question

or

tlifkrenw arising between

A.D.

l!J(t).

the Commissioners and

the

Council under any of

the

pro-

visions

of

this

part

of

this Act which

is

not to be determined

by tlie

Board

oi

Trade

suai

question

or

difference

shall

be

referred

to

an arbitrator

to

be appointed failing agreement

by

the

Bo;u.d

of

Trade

on

thc applicdon

of

either the

Coriinnissioncrs

or

tlie Council

:

(7)

Sothing contained in this

Act

shall prejudice

or

alter

or

be

clccmed

to

prejudice

or

altcr any of the provisions of tlie

Humber

Conserri~ncy

Actc

IS32

to

3899

or

any titlc of

the

Commissioners in to

or

over

any lands

or

foreshore

held

or

acquired

1y

them

under

tlie

said

Acts

or

any

of

tlieni

or

under

any

lensc

01'

agrccnient niadc under the powers

thereof

or confirmed tlicrcby

or

any

other

of

t,lie

riglit,.;

powers

privileges

or

;tutlioritics of the (;'c,mniissioiiers.

12,

For

the protvction

of

the Great Central liailway Cr3ni-

IJor

protec-

paiiy (in this section

called

"

tlie

railway

con3p;iiiy

")

the following

t

(le,,iral

ion of

(;rea

t

proi>isions shall uiiless otherwise agreed have effect

:-

R

B

i

1

way

(I)

Notwithstanding anytliing in this ~ct contaiiiec~ the rail-

C0*1~1'2111~*

way

company their lcssees niid tenants shall

for

tlieniselves

and for all persons wlioiii they shall license

or

invite

at

all

times and for

all

purposes

have

free

right

of

access along

the seashore from the iiortliesn boundary

of

the district to

a

point on the seashore

29

chains south of the centre

of

Cleethorpes Pier

:

(2)

Notwithstanding anything

in

this Act contained

or

slio~vn

upon the deposited plans tlic

Council

shall not acquire

a

giwiter

qurmtity of lttiicl

of

tlie railway coii~pany than tlie

])ortion coloured

rcd

u1101i

the

plan signed in triplicate

1)y

Sir Itobert Guiitcr tlic C'liairninn

of

tlic Conimittee of

tlic

Home

of

Commons to

wli01u

the

Bill

for

this Act

was

referred.

13.

Nothing herein contained shall authorise the Council

Saviag

to

take

use

or

in

any

manner interfere with

any

portion

of

the

Cron,l,,

shore

or

bed of the

sea

or

of

any river channel creek bay

or

esixary

or

any

iancl

hercditamcnts subjects

or

rights

of

whatso-

ever description belonging

to

the King's most Bxcellent Majesty

iii right

of

His Crowii and

under

tlie management of the

Commissioners

of

M'oods or of

the

Board

of Trade respectively

without tlie consent

iii

writing

of

the Commissioners of Woods

or

the Board of Trade

as

the case may be

oa

behalf

of

His

Majesty first

had

and obtained for

that

purpose

(wliicli

consclit

riglits

of

I1

[Ch.

cliv.]

Clecflioryes

1mj)rovemen.f

Act,

1902.

[a

EDW.

7.1

AII.

-

1902.

such Commissioners and such Board are liereby respectively

authorised to give) neither shall anything herein contained extend

to take away prejudice diminish

or

alter

anj-

of

the

estates

rights privileges powers or authorities vested in

or

enjoyed

or

eserciseable

by

the:

King’s

Majesty.

14.

Every

person

wlio

wilfully obstructs any person acting

under

tlie

antlioiity

of

tlie Council in setting out the lines of tlic

works

autliorisod by this Act

or

who pulls

up

or

removes

any

poles

or

stakes driven into

the

ground

for

tlie

purpose of sei,ting

ont

tlic lilies

of

such works

or

defaces

or

tlestroys

such works or

:my

part thcrcof sliall without prejudice to any other proceeding

or

penalty

for

every such offence

IJC

liable

to

a

penalty

not

exceeding

five

pouiicls

to

be recovered

suniinaril

y,

15.

Subject to the provisions

of

this Act

and

to

any byelaws

ninde by thc Council under the section

of

this Act the iiiarginul

note xliereof is

(‘

Byelaws as

to

pronieiitde

”

tlic

promcnacle

when completed shall be

a

public highway

and

shall be repaired

maintained lighted and kept in orcler in

the

same way

as

thc.

highways in the district repairable

by

the inliabitaiits

at

large.

16.

The

Council may make byelaws

for

the regulation of

the ~~ronie11’ade for prescribing

the

nature

o€

traffic for

which

it

may be

usetl

for regu!ating the selling

niid

hwkiiig

of

any article

commodity

or

thing

on

tlie

promenade aiid

€or

kho preservation

of order

aid

good conduct

amoug

tlie permiis frcqueiitiiig the

1

)romeiiaclc.

17.

Su1)ject

to

tlie provisions

ancl

for the purposes of this

Act the Council niay enter

or

take

ancl use

all or any of tlie lands

delineated

on

tlie deposited plans and described in thc deposited

hook

of reference.

Col

rection

18.

If

there be

any

omissioii misstatement

or

wroiig

of

errors

“?r.

description

of

anv lands

or

nf

tlic owners

lcssees

or

occupiers

of

Ij:alib

:ln,i

anv

lands

shown

on

tlie deposited plans

or

specified

in the deposited

I)ook

of

book

of

reference the Council after giving ten days’ notice to

the

owners

lessees

and

occupiers of the lands in question niay apply

to

two

justices acting for the county of

Liiicolii

(parts of Lindsey)

for

the correction thereof

and

if

it

appear

to

il:e justices that the

omission niisstatenicnt

or

wrong descriptic;n

~YOSC

from

mistake

they shall certify tlie same accordingly

mtl

they shall

in

their

certificate state the particulars of

the

omission and in

wliitt

respect any such

iiintter

is

misstn ted

or

wrongly

described

ant1

such certificatr

s1:;~ll

lic~

dc~lmsirccl

with

tlip

clerk of the peace

for

Peiialty

fcr

obstructiiig

\VGrIiQ.

i’rolnellacle

to be

:L

liigli

17

ay.

IlyeliLws

as

to

porn(’-

11.“.

le.

l’cwer

to

ncqiiii

L‘

lnll

I-.

iii

Jcpositetl

r(

ferci.ce.

12

[Z

EDW.

7.3

C/wthorps

J1y1~weme~t

,4ct,

1902.

[Ch.

c1iv.J

the

coulity

of

Lincoln (parts

of

Lindsey) and

a

cliiplicate thereof

A.D.

iw2.

sliall

also

be (1eposiite;l viith

tlic

clerk

of

the Council

and

such

certificate

ancl

tlup?

iclJtc

respectively

shall

be kept

bv

such

clerk

of

the

pence

airtl

clerk

of

the Council respcctively

with

the other

clocuments to

mhicli

the

sime

relate

aiicl

therenpon the deposited

plans and

book

of

refurence

shall

loc:

deemed

to

be corrected

according

to

such

cwtificate

aiicl

it

shall

be

lawful

foi-

tlic

Council

to

take

the

lands

antl

exccutc

tlie worlis in

accortlniice

with

such

certificate.

I

3.9.

The powers

cf

tlic

Council for the coinpulsory purchase

perioci

for

of

lands under this

Act

slinll

not be exercised after

the

expiration

colnpalsol~

pn1chaso

of

three years

froui

tlie

passing

of

this

Act.

In&.

2Q.---(l)

Tlic>

Conncil

may

for

any

of

tlie

imrposes

of

this

Power

to

Act purchase

t

akc

:inil

hold

(by

agiwmen

t

hut

not

otherwise)

l,y

any

lands

:mcl liciwlitaniclnts not exccediiig

iu

tlic whole ten

ngreemu.il

:tc'rcs

iii

adtlition

ro

tlii:

~niitls

to

be

acquirefl

untlcr

tlic

sectioii

:;tr:,i:Ltc

of

this

Act

uf

uhicli

the

marginal note

is

('

Agreeinent

for

i;Lllds.

acqiiisition

of'

laiu!

Er.oiii

Sidney

Xiissex

Colltyy

Canibridge

"

which

the

Council

111,ajr

require for the

puqmes

of

their

trainwap

or

otlier

nnclertakings ancl the Council xiih tlie coiirciiL

of

the

Local Government Eoard and subject to such conditions

as

that

Board

may

prescribe

may appropriate and use

for

any

such

purpose auy lands or property

for

the tinie being

vested

in them

which are not wanted for the purpose

for

which

such lands

or

property wei'e originaIly acquired

but

the Council

shall

not create

or

perniit

a

nuisance on any

such

lands.

(2)

The

consitlernLion

for

such

acquisition

may

be

either money

or land

or

a

niisecl consideration

of

money antl land and

on

any

exchange

the

Council

may

give or take any money

for

eqiiality

of

exchange.

purchase

21.

Persons empowered by the Lands

Clauses

Acts

to

sell

Persorls

uuder

dis-

ancl convej- or release lands

iiiay

if they thiiili

fit

snljject to the

rnnJ

provisions

of

tliose

Acts

and

of

this Act grant to

the

Council

grant

ease-

any easement riglit

01-

privilege

(not

being

an

easement right

or privilege

of'

water

in

which persons

otlier

than

tlie grantors

have an interest) required for

the

purposes

of

this

Act

in over

or affecting any

such

lands ancl tlie provisions of tlie said Acts

with respect

to

lands amd rentcharges

so

far

as

the same

are applicable in

this

behalf

shall

extend and apply

to

such

grants

and

to such easeiiients rights and privileges

as

aforesaid.

respectively.

ments

bc.

13

[Ch.

cliv.]

Clecthorpes

Ijnprovenzmt

Act,

1902.

[2

EDW.

7.1

%2.--\1)

The

Council shall not under

tho

powers of this Act

purchase

or

acquire ten or

more

houses which on the fifteenth

day

of

l)ecenil,er last

were

occu1)iecl eithor ~~hollv

or

partidly

by

persons belonging

to

the labouring

elms

as

teiiaiits

or

lodgers

or

except

with

the consent of

the

Local Goveriinieiit Board ten

or

niore houses which were not

so

occupied

011

the said fifteenth

day of December but have been or sliall be subsequently

so

occupied.

(2)

If

tlie Council

acquirc or

;~ppropriate

any

housc

or houses

under the power’s

by

this Act gmited

ill

contrnventioii of thc

provisions

of‘

this section tlicy shall

bc

lialjle

to

a

penalty of

firs

hundred

pouilds

in respect of

cvery

such

house

which penalty

sliall

be

recoverable

by

the Eoc:il Goveriinieilt

Board

by

action

in

the High Court and sliall be carried

LO

aud

form

part

of

tlie

Coiisolidatecl Fund

of

the United Kiiigdoni Provided that the

court may if it think

fit

reduce such penalty.

(3)

For the purposes of this section the expression

‘I

labouring

class

”

means mechanics artisans labourers and others working

for wages hawkers costermongers persons not working for wages

but working

at

some trade or hanclicrait without employing others

except members of their

owii

faniily and persoiis

other

than

doniestic servants wllose income does

not

exceed an average

of

thirty shillings a week and

the

families of any of such persons

who

may

be

residing with them and the expression “house

”

means

any tenement separately occupied

by

any person or persons.

O\ruerh

inay

23.

Ancl whereas in the construction

of

the

works

by

this

IX

reciuiletl

Act authorised

or

otliermisc in the cxercise

by

the Council of

tlie

to

sell

payts

oulj.

of

1)owers of this Act it

may

hap1)eii that portions

oiily

of certaii;

certtbiu

I:intli

properties slio~vn

or

partly showii on the deposited plaiis will

be

lugs.

suficient

for

tlie purposcs of the Council and that such portions

or

some other portions

less

than tlie whole can be severed

from

the reniairider of the said properties

without

material detrimeii

t

thereto

(I)

The owiier of and persoiis interested in any of the pro-

perties whereof the whole or part is described in the First

Schedule to this Act

and

whereof

n

portion

oiily

is required

for tlic purposes of the Couiicil

or

each

or any of them are

herein-after inclutled in the term

“

the owner

”

ancl

the said

properties are herein-after referred

to

as

‘‘

the sclieduled

properties

”

:

(2)

If

for twenty-one

days

after the serricc

of

notice to treat

in respect of

a

specified portioii of aiiy

of

the scheduled

A.D.

1902.

Restrictiol,

on

taking

CiW%

-

houses

of

labouring

aucl

bailcl-

Therefore

the

following provisions

shall

have effect

:-

14

-2

EDW.

7.

J

Cleethoi-pes

J?tyr.oiwwut

Act,

1902.

[Ch.

cliv.]

properties the owner shall fail to notify

in

writing to

the

A.D.

1~02.

C*xmc.il

that

lie allcges

tilnt

sxli portion cannot

be

severed

from tlie

reniain(lc1r

of

tlie

property without material cletri-

incnt thereto lie

m;~y

I)e

required to sell

ancl

convey

to

the

Council such portion only without the Council being obliged

or

coiiij~ellalh~le

to

purcliase tlie

whole

the Council paying

for

t

lie portion

so

talicn

mtl innking cuinpeiisation for any

damage

susiaiiiecl

1)s'

tlie owner

by

severance

or

otherwise

:

(3)

If

within

such

twenty-one

clays

tlie owner shall

liy

iiotice in

Ivritinig

to

tlic

cIouiil~il

allege

that such por~ion cnniiot be

so

severed

the

jury

arbitrat,ors

or

o~lier

authorit?

to

wlioiii the

(iwstinn

of

clispiitetl

co1iil)ensatioii shall

be

submitted (herein-

:~ftcr

rcft~~ml

to

:is

"

tlie

tribunal

")

sliall in addition

to

tlie

other

qiicstions

1-equircd

to

lx

deterniinecl by

it

determine

wlictlier

the1

1)or.lioii

of tlie schetluletl property specified in

t,lie

notice

to

tiwit

c~i

be

severed from tlie reniaiiicler without

niaterial

clctrirnc

ut

tlicreto and

if

not

whether

any

and what

other

portioii

lws

tlmi the whole (but not exceeding the

lmrtion

over

which

tlie

Council have compulsory powers

of

purchase)

cm

be

so

severed

:

(4)

If

the

trihuiial determine that the portion

of

the scheduled

property specified in the notice to treat

or

aiiy such other

1)ortioii

as

aforesaid can

be

severed from the reiuaiiicler

without

nisteria!

detriment thereto the owner

iiiay

be

required

to

sell

and con\-ey

to

tlie Council the portion which the

tribunal

shall

have

determined to be

so

severabIe without

the Couiicil beiiig obliged or compellahle to 1)urcliase the

ivhole

the

Council pj-iiig sueli suni for tlie poriion talien

by

them

including coinpensation

for

any. daiiiage sustained

by

the

owiier by severance

or

otherwise

as

shall be a~varded

by

the tribunal

:

(5)

If

the tribunal tletcrmine that the llortioii

of

the scheduled

pqicrty

specificcl

in the iiotice to

treat,

mi?

not~~7itlistanding

thc

allegation of tlie

ownor

bc:

serered

from

tile remainder

without

niaterial

dotriment thereto the iribunal

iiiay

in

its

nbsolute cliscretioii clcterminc ancl

order

that

the

costs

chargos

and

expenses incurred

by

tlic owner incident

to

tlie

arbitration

or

inquiry shall

be

borne and

paid

by

the owner

:

(6)

If

tile tribunal determine

that

the

portioii

of

the scheduled

Imperty

specified in

tlic

iiotice to treat cnnnot

be

severed

from

the reiii;hintler witlibtit niatei*ial cletrinieiit thereto (and

whether

or

iiot

they

shall cleteririiiie that

any

other

portion

cfm

be so

severed)

the Couiicil

insy

witlidraw

their

notice

to

---

LS

A.D.

19d2.

-

treat

and

tlieroupon they

shall

py

to

the owner all costs

charger

and

expenses reasona1)ly and

properly

incurred by

him

in coiisequencc

of

such

iiotice

:

(7)

If

tlie tribunal dcterniine

that

the portion of the scliecluled

property

,ii)ecified

in the notice

to

treat cniiiiot be

sey-erecl

froni tlie i*rnininder without

material

clctrinieat thereto lmt

that

any sncli other portion

as

aforesaid

can

be

so

scveretl

tlie Council in case

they

shdl not withclraw the notice

to

treat shall pay

to

tlie owner

all

costs

charges and expenses

reasonaldy and properly incurred

by

hiin in consequence

of

such notice

or

such portion thereof

as

the tribunal

slxdl

having

regar(l

to

the circuiiistances

of'

the

case

and

their final

determination think

fit.

The provisions

of

this sectioii shall

l~o

in force iiotwitlistaiicliiig

niiytliiiig

in

the P~ncls Clauses Consnlitlatioii Act

1845

containecl

arid

nothing cwitrtinctl

in

or

doiie uncler

tliij

s~~tioii

slinll

he

liel(1

as

dct(~niiiiiii~

or

as

l~eing

or

inil)lj-iig

;an

;I

~ln&+ion

that

any

of

tlic

hclieclu!ccl

1)to~mtivs

01'

any

l~rt

tlrer~jf

is

or

is

not

or

lmt

for

this

sect

ioii

~voulcl

or

would

riot

1~

s~iil~j~~:'t

to

tlie

pwvisioiis

of

sectioii

D:!

of'

Llit:

L;~ntlb

Clauses

Cousoli(1;ktion

Act,

C846.

The

pro&ions

of

this sectioii shnll

lie

slated

in cvery iiotice

L>

given

t

hereundw to

sell

and convey any premises.

PART

111.

IWI~OVE3lENT

CHARGE.

I~nprovc-

24.41)

The

ownc'rs

for

tlie

tiiiic Iieing

of

tlie

hds

merit

cllarge.

described

or

referretl to in tlie Secoilcl Siclicclule

to

this

Act

(iii

this Act called

"

the schecduled lands

")

sliall

respectively

for

tlie

period of sixty years after the thirty-first

day

of

December one

thousand iiine hundred ancl three

pay

to the Council on the first

day

of

January in every )*ear tlie

suins

or

rates following in tliis

Act called

"

the

iifiprovemeiit charge

"

tonarcls defrayiiig

tlie

expenses of

Work

No.

I

by

tliis Act authorisecl (that

is

to

sa?;)

:-

(a)

In

respect of the lands inentionecl in the

first

part

of

the

said Xecoiirl Schedule

a

sum not exceeding

two

shillings and

sixpence in the pound on the full rateable value ascertained

by the

J

aluation list for

tlie

time being in force

;

and

(b)

In respcct

of

tlie lands mentioned

in

tlie

second

part

of

the

said

Second Schedule

a

sum not exceecling two shillings and

sixpence in tlie pound on two fifths

of

tlie

full rateable value

ascertained in the

like

maiiner

;

16

[2

EDW.

7.1

Cleethorpes

Improvement

,4ct,

1902.

[Ch.

cliv.]

(c)

Ir,

respect

of

the lands msntioiied

iii

the third part of the

A

D.

1902.

said Sccond Schedule

a

sum

not exceeding two shillings and

sixpence in the pound on one fifth

of

the full rateable value

ascertained in like manner.

12)

The improvement charge payable on the first day

of

January

in

each

year

slinll be npportionedrby

the

Council

on

or

before tthe first

day

of

December in the preceding year and shd1

not exceed in the whole a

sum

sufficient to meet the estimated

anuual charge

for

interest

aid

for sinking fund

or

repayment of

principal during the ensuing year in respect of any loan which may

be required to

he

raised

for

Work

No.

1

by this Act authorised

ailcl shall be apportioned rateably on the scheduled lands save

that the lands in the second

part

of the said Second Schedule

shall for the purpose

of

apportionment be assessed at

t,wo

fifths

and

the land in the third part at one fifth

of

their full rateable

value ascertained

as

in

t>ho

last subsection mentioned

and

the

apportionment

so

made shall

he

fina,l.

(3)

The

improvement charge shall be recoverable in the same

nianner as private improvement expenses are recoverable under

the Public Health Acts.

(4)

The scheduled lands and all estates and interest from time

to

time therein shall stand and remain charged (to the like extent

and effect

as

under section

257

of the Public Health Act

1875)

with the sums payable in respect of the improvement charge

together with interest thereon at the rate of four per centum per

annum from the time when such sums become

due.

(5;

The Council shall keep

a

register of the lauds on which

the improvement charge shall be

im1)osed

and the register shall

be open to inspection to all persons

at

all reasoilable times on

payment of not exceeding one shilling in respect of each name

or

property searched for and the Council shall furnish copies

of

any

part of such register to any person applying for the same on

payment

of

such reasonable

sum

as may be fixed by the Council.

--

PART

IT,

TRAMWAY.

and

111.

of the Tramways Act

1870

the Council may make form

lay down work use and maintain the tramway herein-after described

in the lilies and according to the levels shown on the deposited

plans and

sections

and

in

all respects in accordance with those

25.

Subject to the provisions

of

this Act and of Parts

11.

Power to

make

B

17

[Ch,

cliv.]

Cleetliorpes

I?ttpOt~efitent

Act,

1902.

[2

EDW.

7,

J

pl;iiis

and

sections tho trainmay herein-after descrilml witli all

proper

ruiis

plates channels

passages

aiid tubes

for

ropes

cables

wires

;md

electric lines posts poles brackets turn-outs crossiiigs

eiiginc:

and

1xdi.r

liouses

sheds

buildiiig

s

dynamos

works

and

conveiiieiices

coiiiiectecl

t

licrem

itli.

Thc

saitl

traniwvay

will

be

situate

wliolly

within

tlic

district

ancl

is the following

:-

A

tramway (double line)

3

furlongs

0.76

chaiii in leiigth

commencing in

High

Cliff’

Eond

by

n

junction with the

existing tramway

of

the Great Griilzsby Street Tramways

Company

at

its poiiit of termination passing thencc

along

Sea Baiik

Road

aiid

teriniriatiiig in that

road

at

A

poiiit

opposite the southern termination of the fences

kaowii

as

Mace’s

Boards.

$26.

The traiiiway sliall

be

constructed on

a

gauge

of

four

feet

siglit

and

a

half iiiches but carriages

or

trncks

adapted

to

run

01)

railways shall

not

be

run thercon.

$27.

The rails

of

the

trammay

shall be such

as

the Board

of

Trade

may

approve.

28.

111

adclitioii to the requirements

of

section

26

of

tlie

Tramways

Act

1870

the CcruuciI shall before they open

or

break

up

aiiy

road

fm

the

purpose

of

constructing

hying

down

main-

taining

ancl

renewing

the

trnmway

lay

before

the

Bottrd

of

Traclc

a

plan

shoving

tlic

proposed mode

of

constiwctiiig lnyiiig down

iiiaintainiiig

sild

renewing such tramway

aiitl

a

statement

of

the

materials intended

to

lie

used

therein and the Council shall not

coinmerice tlie construction laying down niainteiiancc and renewal

of

the

traniway until

ELIC~I

plan

arid

statumeiit

have

been approved

by

the

Eoarcl

of

Trde

and

after

such

approyal

the

works

sliall

be

execated

in accordance in

all

respects with

such

plan and

stat eiiient.

2gm-

(1)

The Couiicil

shdi

at

all

times

maintain and keep

iii

good

coiiclitioii and repair

aiicl

so

as

iiot

to

be

a

claiigcr

or

aiziiopice

to tlic

ordinary

traffic

thc

rails

ol

tlic tramway by this

Act

authorised aiid

the

substructure

upon

which

tlie

smie rest

and

if

the Council

at

any time fail

to

comply with this provision

or

with tlic provisions

of

section

28

of the Tramways

Act

1870

they

shall be subject

to

a penalty

not

exceeding five pounds for

every

day on which such non-compliance contiiiues.

(2)

In case

it

is represented in writing

to

the

Board

of

Trade

by

twenty inliabitant ratepayers

of

tlie district that the Council

have macle default in complying with the provisions in this

section

18

Plan

of

propused

mode

of

construction.

c2

EDJV.

7.1

Cleetlwyes

hpovenzent

Act,

1908.

[Ch.

c1iv.j

contained

or

with any of the requirenients

of'

section

28

of the

AD.

1902.

Tramways Act

18'70

the Board of Trade

niiiy

if they tliiiili

fit

direct

an inspection by

an

officer

to

be

appointed by the said

Board and

if

such

ofher

reports tliat the clefnnlt :iientionecl in

sl:ch represeiitation has becn proved to his satisfaction then and

in every such case

n

copy of such report certified

by

a

secretary

or

an assistant secretary of the

Board

of

Trade iriay be adduced

as

crideiice

of

such default and of the liability

of

the Council to

such penalty or penalties in respcct thereof

as

is

01'

are by t>his

section imposed.

laid there shtdl be less width between the outside

of

:he footpath

~~t~L~~t~~

on either sitle

of

the

road

and the nearest rail

of

the tramway than

wliere

itss

nine feet six inches the Council shall and they are hereby required

~il,U~~f~;tl,

to construct

a

passing place

or

places connecting the one tramway

left betmeen

with the other ant1 by the means

of

such passing place

or

places

footw:by

a!ld

the trafic shall when iiecessary be diverted from one tramway to

the other.

make maintain alter and remove siich crossings pasing places

n?alce

sidiip junctions

and

other

works

in addition to those particularly

ilrgs

ksc.

specified in and authorised

by

this Act as they

find

necessary

or

convenient for the efficient working

of

the tramway or for

providing access to any ware

houses

stables or carriage-houses

OP

works of the Council Provitlecl that in the construction

of

any

such works no rail shall be

so

laid

that

a

less

space than nine

feet, six inches shall intervene between it and the outside of the

foot1)ath on either side of the road

iC

the

owners

or occupiers

of

one third of the premises abutting on the 1jlact: wiicre

such

less

space shall intervene shall by m~iting under their hands addressed

and delivered

to

the Council within three weeks after receiving

from

the Council notice in writing

of

their intention express

their objection thereto.

other

halid

inay at

any

time after the passing

GI'

this

het

alter

~~~~~~~-

jllLo

alld carry illto effect agreements with respect

to

any of tils

pi~.

following matters

:-

-

38.

Where in any road in which

a

double line

of

tranirvay is

Pasing

tramwwny.

31.

The Couiicil may subject to the

provisims

of

this Act,

Power

to

t101:nl

Cl'OS3.

32.

The

Council on the one hand and the

comymny

on

the

Agrcc1ncl:t.:

T11e sale

by

the said company and the purchase

by

the Council

of

the tramways belonging to the compauy

so

far

as

the sanle

are

within the district

:

The runniug Over and use by the Council of the tmlnW,2yS

of

the

conipany

:

B2

I9

[Ch.

cliv.]

Cleetho?ps

I?nprouenierlt

Act,

1902,

[2

Enw.

7.1

A.U.

1902.

The running over and use

#if

the tramways by the said

company

:

The interchange conveyance and delivery

of

and

facilities for

traffic on the respective tramways

of

the contracting pa,rties

:

The reconstruction and alteration

of

the tramways within the

district either

by

the Council

or

by the company respectively

owning the same

:

-_

The supply

of

motive power.

Provisions

as

to

imtive

power.

33.

The carriages

used

on

the tramway

iiitiy

he

moved by

aizimd

power

or subject to the following provisions

by

mechanical

power (that is to say)

:-

(I)

The mechanical power shall not be used except with the

consent

of

and according to

a

system approved

by

the Board

of Trade

:

(2)

The Board

of

Trade shall make regulations (in this Act

referred to as

“

the Board

of

Trade regulations

”)

for

securing

to the public all reasonable protection apiiist daiiger arising

from

the use uiider this Act

of

mechanical power

on

the

tramways and for regulating the use

of

electrical

power

:

(3)

The Council

or

any company

or

person using

any

mechanical

power on the tramways contrary to the provisions

of

this

,4ct

or

of

the Board

of

Trade regulations shall for every such

offence be liable

lo

a penalty not exceeding ten pounds

and

also in the case

of

a continuing offence to a fiirther penalty

not exceeding five pounds for every day tlurilig which such

offence

is

uontinued after conviction thereof

:

(4)

The Board

of

Trade

if

they are

of

opinion---

(a)

That the Council

or

such company

or

permi

have

or

has

macle default in coruplying with the provisions

of

this Act or

of

tbe Board of Trade regulations whecher

a

penalty in respect

of

such non-compliance has

or

has not

been recovered

;

or

(h)

That the use

of

mechanical power

as

authorised

under

this Act is a danger to the passengers or the public

may by order either direct the Council

or

such conipany

or

person to cease to use such mechanical power

or

permit the same to be continued only subject

to

such

conditions

as

the Board

of

Trade may impose and the

Council

or

such company

or

person

sliall

comply with

every such order In eveley such case the

Roarcl

of

Trade

shall make a special report to Parliament notifying the

making

of

such order,

SO

’

I.

2

EDW.

7.1

Cleethorpes

lilzproz~eti~eitt

Act,

1902.

[Ch.

cliv.]

34.

The following provisions sliall apply to the use of

A.D.

19302.

pro-

(1)

The Ccuncil shall employ either insulated returns

or

trical po”er.

uninsulated metallic returns of

low

resistance

:

(2)

The Council shall take all reasonable precautions in

constructing placing and niaintaining their electric lines and

circuits and other works

of

all descriptions and also in

working their undertaking

so

as

not injuriously to affect

by

fusion or elecirolytic action any gas or water pipes

or

other

metallic pipes structures

or

substances

or

to interfere with

the working of any wire line

or

apparatus from time to time

used for the purpose of traiismitting electrical power

or

of

telegraphic telephonic or electric signalling communication

or

the currents in such wire line

or

apparatus

:

(3)

The electrical power shall be used only in accordance with

the Board of Trade regulations and in such regulations

provision shall be made for preventing fusion

or

injurious

electrolytic action of

or

on gas

or

water pipes or other

metallic pipes structures

or

substances and for minimising

as far as is reasonably practicable injurious interference with

the electric wires lines and apparatus of other parties and

the currents therein whether such lines

do or

do

not use

the earth

as

a return

:

(4)

The Council shall

be

deemed to take all reasonable

precautions against interference with the working of any

wire line

or

apparatus if and so long as they adopt and

employ at the option of the Couiicil either such insulated

returns or such uninsulated metallic returns of low resistance

and such other means

of

preventing injurious interference

with the electric wires lines and apparatus

of

other parties

and the currents therein

as

inay

be

prescribed by the Board

of Trade regulations and in prescribing such means the Board

shail

have regard to the expense involved and to the effect

thereof upon the commercial prospects of the undertaking

:

(5)

At the expiration

of

two years from the passing

of

this Act

the provisions of this section shall not operate to give

any

right

of

action in respect

of

injurious interference with

any electric wire line

or

apparatus

or

the currents therein

unless in the construction erection maintaining and working

of such wire line and apparatus all reasonable precautions

including the use

of

an insulated return have been taken to

-

electrical power uiider this Act unless such power is entirely

contained in and carried aioilg with the carriages

:-

visions

as

to

we

of

elec-

U

3

:?

i

[Ch.

cliv.1

C’leethorpes

liqmcenie?,t

Act,

1902.

k2

EUW.

7.1

prevent injurious interferencc therewith and with the currents

therein by or from other electric currents

:

(6)

If

any difference arises hetween the Conncil and any other

party with respect to anything herein-before in this section

contained such differeiicc shall unless the parties otlicrwise

agree be determined

loy

the Board

of

Trade or

at

the option

of the Board by

ail

arbitrator to

be

appointed by the Boarcl

and the costs of such determination shall be in the discretion

of

the Boad or of the arbitrator

as

the case rimy be

:

(7)

The

expression

“

Council

”

in

this section shall include

lessees liceiicees and any person owning working

or

running

carriages over any tramway

of

the Council.

Aiceratioii

of

35.

Notwithstanding anything in this Act coiitaiiied if

aiiy

lines

of

of the

works

authorised to be executed by this Act involves or

is

Postmaster-

likely to involve

any

alteration

of

any telegraphic line beloiiging

to

or

used

by

the Postmaster-General the provisions of section

7

of the Telegraph Act

1878

shall apply (instead of tlie provisions

of

section

30

of

the Tramways Act

1870)

to any such alteration.

36.

In

the event

of

any tramways of the Council being

worked by electricity the following provisions shall have effect

:--

(1)

The Council shall construct their electric lines and other

works of all descriptions and shall work their unclerttikiiig

in

all

respects with due regard to the telegraphic lines froni

time to time used or intcnded to be used

by

His

Majesty’s

Postmaster-General and tlie currents in such telegraphic lines

and shall use every reasonable nieaiis in the construction of

their electric lines and other works

of

all descriptions

and

the

working of their undertaking to prevent injurious affection

whether by induction or otherwise to such telegraphic lines or

the currents therein Any difference which arises between

the Postmaster-General and the Council as to coni1)liance

with this subsection shall be dcterniiiied by arbitration

:

(2)

If

any telegraphic liiie

of

the Postiii ister-General is

injuriously affected by tlie construction by the Council of

their electric lines and wrorks or

bp

the working

of

the

undertaking of the Council the Council shall pay the expense

of all such alterations

in

the telegraphic lines

of

the

Post-

nimter-General as may be necessary to reniedy such injurious

affection

:

(;3)

Before any electric line is laid down or any act or work

f~r

working the tramways by electricity id done within ten

yards

of

any part

of

a

telegraphic liiie

of

the Postmaster-

AD.

1902.

I_

telegrapli

C+encrnl.

Po,.

protee-

tioil

of

Pobt

Office

tele-

grqh

line..

22

[Z

EDW.

7.1

Cleethoqies

liiapovemerzt

Act,

1902.

[Ch.

cliv.]

General

(oilier

than repairs) the Council

or

tlieir agents riot

,\.I>.

1510~.

more than twenty-ciglnt

nor

less thaii fourteen

c1aj-s

before

-’

coiiimencing tlic

work

shall

give

written notice

to

the

Post-

master-General specifying the

course

of

tlie

liiie

iiiicl

the

nature of

the

work including the gauge of ally ~7ire

mcl

the

Council

and

their agents

slid1

cciiforni

with such reasonable

requirements (either general

or

special)

as

may

from

t,inic

to time be

inacle

by the Postmaster-General for the purpose

01’

preventing any telegraphic liiie of tlie I’ostmastcr-Gener~~l

from being injurioiisly affected by the said act

or

work

A11y

difi’erciicc

which arises betweeii the Poatin~\,.ter-Gentl,~~~

aid

tlic

Council

as

to

any

requircmmt

so

m,tcle

s!~ll

bc

determined

by

arklitration

:

(4)

If

;Lliy telcgrapliic line

of

the

l’ostliiahtcr-C;eii(

ral

:jittl:ttt,

witliiii oiic iiiilc of

niiy

lmrtioii of tlic

~voi

of

tlie Conncil

is injuriously affected aiicl he is

of

opiiiioii that

such

iiijurious

affection is or niay be

clue

to

the coiistructiou of the

Comicil’s

works

or

to

the workiiig of their unclertaliiiig the eiigiiieer-

in-chief

of

the Post

OBcc

or

any

persoil appointed in writing

by him

may

at

al! times ~vlieii electrical energy is being

generated by the Couiicil enter any of

the

Council’s works for

the purpose

of

inspecting the Council’s plant aiid the working

of

tlie

smie and the Council shall in

tlie

presence of

such

engiiieer-in-chief or

such

appointed person

as t)

foresaid

make

my clectricnl tests required

lq

the

i’~stiiiaster-(;ener,?l

allcl

shall produce

for

the inspection

of

the

Postniaster-C;eileral

the records kept by

the

Council pursuant to the

Board

Of

Trade

regulations

:

(6j

lii

the

event

of

any eo11tr:~veiition of or wilful

11011-

compliance with this section

by

the

Council

or

tlieir agents

the Council shall be liable tu

a

fine

not exceeding ten

poiinds

for every clay during which

such

contravention

or

noii-

coiiipliance continues

or

if the te1cgrq)liic

comiiiuiiiczticiii

is wilfully interrupted not exceeding fifty poiinds

for every

day

on

which

such

interruption continues

:

(6)

Provided that notliiiig in this section

shall subjcc~t

dit

Couiicil

or

their agents to

a

fine under this section

if

thcg

satisfy the court

having

cognisance of the case

tht

thc

iiiiiiiecliate cloiiig of

any

act

or

the execution

of

any

work

in

respect

of

which

tlie

penalty is claimed

TT~

required

to

avoid

an accident

or

otlierwise

was

a

TT-~Y~C

of

emergen

cy

and that they fortliwith served

on

the postmaster

or

snb-

postmaster of the postal telegraph o%cc nearest to the

place

B4

23

[Ch.

cliv.]

Cleethorpes

Improvement

Act,

1902.

[2

EDW.

7.1

where the act or work was done a notice of the execution

thereof stating the reason

for

doing or executing the same

without previous notice

:

(7)

For the purposes of this section

a

telegraphic line of the

Postmaster-General shall be deemed to be injuriously afl'ected

by

an

act or work if telegraphic communication by means

of

such line is whether through induction

or

otherwise in any

manner affected by such act

or

work

or

by

any

use made

of

such work

:

(8)

For

the

purposes of this section and subject as thereiii

provided sections

%

10

11

and

12

of the Tekgraph Act 1878

shall be deemed

to

be incorporated wjt,h this Act

:

(9)

The expression

"

electric line

"

has the same meaning in

this section

as

in the Electric Lighting Act 1882

:

(10)

Any question

or

difference arising under this section

which is directed to be deteymined by arbitration shall be

determined by an arbitrator appointed by the Board

uf

Trade

on the application

of

either party whose decision shall be

final and sections 30 to 32 both inclusive of the Regulation

of

Railways Act 1868 shall apply in like manner as if the

Council or their agents were

a

company within the meaning

of that Act

:

(11)

Nothing in this section contained shall be held to deprive

the Postmaster-General

of

any existing right to proceed

against the Council by indictment action or otherwise in

relation

to

any

of

the matters aforesaid

:

(12)

In

this section the expression

"

the Council

"

includes

their lessees and any person owning working

or

running

carriages

on

any

of

the tramways

of

the Council.

Apparatus

31.

The provisions of sections

26

to

33

of

the Trainways

for

Act 1870 (except

so

much

of

section 28

as

relates to the repair

pii?er

to

be

of

the road between and on each side of the rails

of

a tramway)

deemed part

shall apply as if all posts tubes pipes wires and other apparatus

used

or

to be used

6i

the Council for the purposes of mechanical

power. were parts

of

ihe tramway.

A.D.

1'302.

-

mechanical

of

tramway.

Attaeliment

Of

brackets

38.

The Council may with the consent of the owner

of

any

building attach to that building such brackets wires and apparatus

as may be required for the working of the tramways by mechanical

power

:

to

buildings.

Provided that-

(I)

Where in the opinion

of

the Council any consent under

this section

is

unreasonably refused they may appeal to

a

24

PJ

EDW.

7.1

Cleetlmyes

hprouenzent

Act,

1902.

[Ch.

cliv.]

pettj sessional court who shall have power having regard to

AI).

1902.

the character of the building and to the other circumstances

of the case to

n.110~

the attachment subject to such terms as

to

conipnsation or rent and otherwise as they may think

reasonable

or

to

disallow the same and niay determine by

which of tlie parties the costs of the appeal are to Se paid

:

(2)

Any consent of a11 owner and any order of a petty sessional

court under this section shall not have effect after that

owner ceases to be in possession

of

the building but any

attachments fixed under the provisions of this section shall

not be removed until the expiration of three months after

any subsequent owner shall have given

to

the Council

notice in writing requiring the attachments to be removed

V?hei*e such notice is given the preceding provisions of this

section shall apply and the petty sessional court shall have

the same powers as under proviso

(1)

:

(3)

The owner may require tlie Council to temporarily remove

tlie attachments where necessary during any reconstruction

or

repair of the building.

For the purpose of this section any occupier

of

a

building whose

teiiancy exceeds one year unexpired and in the case of

any

other

tenancy the person receiving the rackrent shall be deemed to be

the owner.

I

39.

Subject to the provisions

of

this ,4ct the Board

of

Trade

Byelaw.

may

make byelaws with regard to any of the tramways upon

which niechanicaJ power may be used for all

or

any

of

the

following purposes (that is to say)

:-

For regulating the use of any bell whistle or other warning

apparatus fixed to the engine

or

carriages

:

For

regulating the emission

of

smoke or steam from

engines

used on the tramways

:

For

providing that engines and carriages shall be brought to

a

stand at. the intersection of cross streets and at such places

and in such cases of horses being frightened or of impending

danger as the Board of Trade niay deem proper for securing

safety

:

For regulating the entrance to exit from and accommodation

in the carriages used on the tramways and the protection

of

passengers

from

the machinery

of

any engine used

for

drawing

or

propelling such carriages

:

For providing for the due publicity of all byelaws and

Board

of

‘trade regulations in force for the time being in relation

25

po\rcr

to

Coiiuci

1

to

work

tram-

\\.ayS.

Regulations

by

Council.

Inspection

by

Board

of

Trade.

Period

for

completioii

of works.

Ratcs

for

pi1

s

bell

g

CY

s.

Passengers’

luggage.

to

tlie tramways by exhibition of the same in conspicuous

places

on

tlie carriages and elsewhere

:

Any person offending against

or

committing

a

breach

of

aiiy

of

the byelaws made by the

Board

of

Trade

under the authority

of this lZct shall be litible

to

a penalty not exceeding forty

shillings.

40.

Notwithstanding anything in the Traniways

Act

I870 to

the contrary the Council may place

ancl

run carriages

on

ancl niay

work and

niay

clemancl aiid take tolls ancl charges in respect

of

any tramways within the district authorised to be ccmstructecl

by theni and in respect of the use of

such

carriages ;incl

m;Ly

provide such stables buildings carriages trucks hariiess

ci!siiics

machinery apparatus horses stearn cable electric and other piant

appliances aiid conveniences

as

may

be requisite

or

expedient

for

the convenient worliiiig or

user

of

the sr;icl

iram~vays

by allililiL1

or

inechaiiical power but nothing in this section sliall eiulmwer

the Council to creatc or permit

a

nuisance.

41.

The regulations authorised by the Tramways Act, 1870

to be made

by

the promoters of aiiy tramway and their lessees

may with respect to aiiy trainways

or

portions of tramways

for

the tinie being belonging to and worked by the Council be made

by the Council alone.

42.

The tramway shall not be opened for public traffic until

it has been iiispected aiid certified to be fit

for

such traffic by tlie

Boarcl

of

Trade.

43.

The trmiway

shall

he completed within five years froni

the passing of this Act and on the expiration

of

that period the

powers

by

this Act granted to the Council for execizting the

same

or

otlierwise in relation thereto sliall cease except

as

to

so

much thereof

as

sliall

tlieii be completed.

44.

The Council

may

deinand aiid take

for

every passenger

travelling

upon

the tr:immay or any part or parts thereof including

cvery expense iiicicleiital to such conveyance fares rates and

charges not exceeding one penny per mile and in coniputillg the

said fares rates

and

charges the fraction of

a

mile shall be cI.eeniecI

a mile but in no case shall

the

Couiicil be bound to charge

a

less

sum

than one penny.

45.

Every pssenger travelling upon the tramway may take

with hiin his personal luggage not exceeding twenty-eight

~OUIIC~S

in weight without any charge being made for the carriage thereof

all

such

luggage to be carried by hand aiid not

to

ocuupy

any

26

[2

EDW.

7.1

C’leethoryes

1qir.ovement

Act,

1902.

[Ch.

cliv.]

part

of

a

seat nor to be

of

a

form

or descrjptioii to aiiiioy or

A.D.

1902.

iiiconveiiieiice other passengers.

46.

Tlie Coralicil shall not

be

houncl

unless tlicy tliinh

fit

to

Council uzt

carry

passengers’

luggage

exccecliig the might in

this

Act

in that,

carrr

goods

behalf mentioned nor any parcel

or

goods.

47.

No

goocls

aiiinials articles

or

things other than

Heavy

traflic

con-

pu

sseiigers

and

passengers’

luggage

aiid

parccls

iiot

exceeding

fined

to

COT-

fifty-six pounds

in

weight

slid1

be c011vt;ycci

on

tlie tranirvay

tail1 llours.

between the

hoilrs

of eight in the morning

aiitl

eight in the

ey-oiiiiig without

tlis

consent

of

the local authority

and

tlie

road

authority.

animals

goocts

materials articles

or

tliings coilreyecl

by

thein

on

the

ti~miways inclutling

every

expense iiiciclurital to tlie conveyaiice

any

rates

or

charges

iiot

exceeding the followiiig

:-

ANI

AI

ALS.

-

bound

to

48.

Thc

couiicil

iiiay

demand

and

take in respect

of

any

Animals

good’.

For

every liorsc Inule

or

other

beast

of

draught

or

burden

For

every

ox

cow bull

or

head

of

cattle threepeiice

per

head

For

calves

pigs

sheep

and

small aniiiials three half pence per

fourpcnce per

hcacl

per mile

:

per mile

:

head

pes

mile.

GOODS.

For

all

coals

coke

citPiii charcoal caniiel limestoile chnlk lime

sdt

said

fireclay

ciuclers

clung compost niid all sorts

of

iii~iiiure aiicl

all

uiiclressed inaterials for the repir

of

puhlic

roads

or

liighrvays twopence per toil per mile

:

For

a11 iron iroiistoiie iron ore pig iron

bar

iron

rod

iron

sheet

iron hoop

iron

plstes of

iron

slabs

billets and

rolled

iron

bricks slag

aiicl

stone stones for building pitching

ancl

pal-ing

tiles slates and

clay

(except fireclay) and for wrought iron

iiot otherwise specially

classed

herein ancl for heavy iron

castings iiicliicliiig railway chairs two

and

a

lialf pence

per

ton

per nijlc

:

Yoi.

dl

sug.nr

grin

corn

fionr liides dyewoods earthenjvare

tiniber staves

ckals

ancl

metals (esccpt iron) iiails anvils

vices

ancl

chains aid

for

light iron easliiigs threepence

pcr

ton per niile

:

For

cotton

wools

drugs

mauufactnred

goods

and a11 other wares

nierchandisc

fish

articles matters

or

things not otherwise

specially classed herein fourpence per

tori

per

iiiile

:

For

every carriage

of

whatever description

oue

shilling

per

mile.

27

[Ch.

cliv.

I

Cleethoryes

Znyroerement

Act,

1902.

r2

EDW.

7.1

A.D,

1992.

SMALL

PACKAGES.

-

For any parcel not exceeding seven pounds in weight

t,hreepence

:

For

any parcel exceeding seven pounds and not exceeding

fourteen pounds in weight fivepence

:

For any parcel exceeding fourteen pounds and not exceeding

twenty-eight pounds in weight sevenpence

:

For any parcel exceeding twenty-eight pounds and not

exceeding fifty-six pounds in weight ninepence

:

For any parcel exceeding fifty-six pounds but not exceeding

five hundred pounds in weight such sum

as

the Council

may

think fit

:

Provided always that articles sent in large aggregate quantities

although made up

In

separate parcels such

as

bags of sugar coffee

meal and the like shall not be deemed small parcels but that term

shall apply only to single parcels in separate packages.

For the carriage

of

single articles

of

great weight

:-

For the carriage

of

any iron boiler cylinder

or

single piece

of machinery

or

single piece of timber

or

stone or other

single article the weight

of

which including the carriage

shall exceed four tons but shall not exceed eight tons

such sum

as

the Couiicil may think

fit

not exceeding

two shillings

per

ton per mile

:

For the carriage

of

any single piece of timber stone

machinery

or

other single article the weight

of

which

with the carriage shall exceed eight tons such sum as

the Council may think

fit.

REGULATIONS AS

TO

RATES.

For articles or animals conveyed on the tramways for

a

less

distance than three miles the Council may demand rates and

charges as for three miles

:

For the fraction of

a

ton the Council may demand rates

according

to

the number

of

quarters of

a

ton in such fraction

and if there be

a

fraction of

a

quarter

of

a

ton such fraction

shall be deemed a.quarter of

a

ton

:

With respect to all articles except stone and timber the weight

shall

be

determined according to imperial avoirdupois

weight

:

With respect to stone and timber fourteen cubic feet of stone

forty cubic feet

of

oak mahogany teak beech

or

ash

and

fifty

cubic feet

of

any other timber shall be

deeined

one ton weight,

afid

so

in proportion for any

smaller

quantity

:

28

[2

EDW.

7.1

Cleethoryes

Irnprowiiient

Ad,

1902.

[Ch.

cliv.]

In addition to the foregoing rates the Council may demand

A.D.

1902.

such charges as are reasonable

for

loading and uiiloading

animals and goods and if any difference shall arise as to the

reasonableness of any such charge the xiatter in difference

shall be settled by the Board of Trade.

49.

llie Council shall not take or demand on Sunday

or

As

to

fareh

any public holiday any higher fares or charges than those levied

‘‘‘f;;;;’

by them on ordinary week days.

.-

tra

to

!jO.-(l)

The Council

at

all times after the opening of tlie

Cheap

,mways for public traffic shall and they are hereby required

lnbouril,g

run

a

proper and sufficient service of carriages for artizans

classes,

fares

for

mechanics and claily labourers each way every morning

slid

every

evening (Sundays Christmas Day and Good Friday always

excepted)

at

such hours not being later than eight in the morning

or

earlier than five in the evening respectively as niay be

most

convenient for such workinen going to and returning from their

work

at

fares not exceeding one halfpenny for every niile or

fraction of that distance On Saturdays the Council in lieu of

runiiing such carriages after five o’clock in tlie evening shall run

the same

at

such hours between noon and two o’clock in the

afternoon

as

may be most convenient for the said purposes.

(2)

If

complaint is made to the Board of Trade that such

proper and sufficient service is not provided the Board after

considei-ing the circunistaiices of the locality may by order direct

the Council to provide such service as may appear to the Board

to

be

reasonable.

(3)

The Couiicil shall

be

liable to

a

penalty not exceediiig five

pounds for every day during which they fail to comply with any

order under this section.

51.

If

at any time after three years from the opening for

Periodical

public traffic of the tramway or any portion thereof or after three

revisiop

years from the date of any order made in pursuance of this sectioii

charges.

in respect

of

the tramway

or

any portmion thereof

it

is represeiitecl

in writing to the Board of Trade by twenty iiilinbita,nt ratepayers

of the district or by the Council that under the circumstances

then existing all or any of the fares or other charges demanded

and taken

io

respect of the traffic on the tramways or on such

portion should be revised the Board of Trade may (if they think

fit) direct an inquiry by

a

referee to be appointed by

the

said

Board in accordance with the provisions of the Tramways Act

1870

and

if

the referee reports that it has been proved to his

satisfaction that, all or any

of

the fares

or

charges should

be

rates

nud

29

A.D.

1902.

Rye

I:i

H'

s

it

11

t

11

or

i

t

y

.

I,!

locxl

Peuxl

ty

for

malicious

damage.

Oders

&e.

of

Board

of

Trade.

l'roi

isioi:

as

to

general

I

r:mv

ay

A

cats.

,7

Pnrch2.se

of

gener:Lting

station

nid

revised the said

Boarcl

may

subject)

to

the maximum

fares

and

charges

authoriset1 by this Act by

order

in

writing alter modify

iwlucc

or

iiicrease

all

or

any

of

the

fucs

or

cllarge.;

to be taken in

respect of the tramway or

011

aiiy

prtion

thereof

and

thenceforth

such

order

sliall

be obscrrctl

until the

sanic

is

revolicd

or modified

by

an

orcler

of

tlic

Eoarcl

of Tmtle

iiiade

in

pursuaiice of

this

section

Provided

tli:it, a

copy

of

this section shall

be

annexed

to every

table or

list

of

fares

or

published or exhibited by the

Couiicil.

ELECTKICITY

SUPPLY.

52.

The

provisions of the Tramways Act

1870

relating

to

thc ninliiiig of

byelaw

1,y

the

local

authority

with

respect to the

rate of speed to he

observed

in

trnrclliiig

oii

the tranimys shall

iiot authorise the

local

,zuthority

to

make

any

byelaws

sanctioning

a

higher rate

of

speed

thaii that authorised by t>his Act

or

liy

the

Board

of

Tradc

rcgulations but the

byelaws

of the local

authority may restrict the rate

of

speed

to

a

lower rate than that

so

authorised.

53.

If

any

person

wilfully

does

or

causes

to

be

donc with

respect

to

any

apparatus

used

for

or

in

coiiiiexioii

with the

working

of

any

tramway of the Couiicil anything which

is

calm-

latecl to obstruct

or

interfere with the

morliing

of such tramway

or

to

cause

injury to

aiiy

1JCrSon

he

sld!

(without prejudice to

any proceetlings

by

way

of iiidictiiieiit or otherwise to which

he

niay

lie

subject) be guilty

of

an

ofhicc

lmiishal~lc

on

suimnnry

conviction and every person coiivictecl

of

such

offence

or

of my

offence

under

section

.50

of

the

Tramways

Act

1870

with respect

to any ti-aninraj of the couiicil

shall

be liable

to

a

peiialty iiot

exceeding twenty

pouiids.

54.

All

orders regulations

ant1

~J~~!:LLTT'S

maclc

by

the Board

of

Trade

under

the authority

of

this Act

sliall

be

signed

hy

n

secretary

or

ail

assistant secretary

of

the

Uoard.

5

5.

Nothiiig in

this

Act contained

shall

exempt the Corilicil

or

the tramway

from

the

provisions

of

my general Act relatiiig

to

t,ramrv,ays

passeecl before or after the corniiieiiceiiieiit of this

or

from

any

future

resision

or

alteration

uiiclcr

tile authority of

Parlianieiit

of

the niasiinuin rates of

rates

or

cliarges

authorised

I)y

this Act.

PA1iT

v.

5

6.

The Council

niay

purchase

from

the

Groat

Grimsb~-

Street Traniways

t'orril)xiiy

the gciieiating station

and

plant

[2

EDW.

7.1

Cleethoqies

It/qmvemnt

Act,

1902.

[Ch.

cliv.]

constructed by the said company

under

the Great Grimsby Street

A.D.

1902.

Tramways Act

1899

on

tbe

terms prescribed by tlie agreement

lJ,nnlfi.;ru

contained in the sclicdule to that Act and

tlie

Council

niay

ancl

Grcni

sliall carry tlmt agreement into effect> anci if any difference sliall

~rillls'~y

arise between the company and the C'ouncil concerning the price

~olllp~lrlj

to be paid for

the

generating station

or

coiicerning any other

matter under tlie said agreement tlic difference shall be referrecl

to an arbitrator appointed by the Board of Trade.

as

a station for generating electrical energy and niny tliereon

fzz!il'g

provide and use engines dynamos machinery generating plant;

buildings and

works

necessary or

proper

for their electricity supply

undertaking and for tlie working

of

tramways by nieclianical

pwer Nothing in this

Act

sliall authorise tlie Council to

con-

struct a station for generating electrical power elsewhere

than

on the lands described in tlie sixth section

of

tlie Great Grinisby

Street Tramways Act

1899.

alter repair and remove but shall not manufacture

lamps

meters

SI~.PP~Y

tric

fittings.

elec-

electric lines fittings apparatus and tliiiigs for lighting aiid niotivo

power aiid for all other purposes for wliich electrical energy can

or

niay be used

or

otlierwiso iiecessary

or

proper for tlie sqyily

distribution consumption

or

use

of electrical energy and

may

provide all materials

and

do

ail

worlzs necessary or proper

jii

that

behalf ancl may require and take sucli remuneration

in

nioiiey

or

sucli rents ancl charges

for

and

niake

such

ternis

and

conditions with respect to tlie sale letting fixing setting

LI~

idtering

rcpairing

or

removing

of

such

lanips

meters electric lines fittings

apparatus

and things

as

aforesaid and for secuyiiig (both

as

regards the consumer and third parties) their safety aiid returii

to tlie Council

as

the Council may thinli: fit

or

as

inay be agreed

upon between them and tlic person to

or

for ~vhoiii the same

arc'

sol(1 supplied let

fisccl

sct

ul) altered

repaired

or

rcniiireti.

59.

Not-vl-itl*staiitliii~

aiiythhg

iil

scctioii

9

of

the Elcetyic

Altciiiig

Lighting Act

IS82

contninecl the ~iiiiual statement

of

accounts

of

fillillg

I,p

tlie

electric lighting mclertaking

of

the Council for

tlic

time

being

allllllal

shall after the passing

of

this Act be filled

LI~

on

or

before the

"~cO'l!lts

f'''

electric:

thirtieth day

of

June in every year and shall be made

up

to

liglltillg.

tlie thirty-first clay of March nest prececling and section

9

of

tlie

Electric Lighting Act

1882

shall

as

from the passing of this Act

be

read and liave effect

as

regards the unclertaliing

of

tlie Council

as

if

the thirtieth day

of

June and the thirty-first

day

of March

1

raiiiw:tj

a

59.

The Council may use tlie station

so

acquired

as

aforesaid

['se

Of

58,

The Council inay provide sell let for hire and fix set

up

PoTTTer

to

clate

foi

31

[Ch.

cliv.]

Cleethorpes

Improvsuiuit

Act,

1902.

[S

Enw.

7.1

A.D.

1932.

-

Discount

on

electric

lighting

and power

accounts.

Council may

refuse

elcctrical

energy in

certain

cases.

to

"lpply

Agreement

for acqui-

sition

of

larid

from Sidney

Sussex

College

Cambridge.

Jllain tenaiice

of

recreation

gi

oundu.

were therein mentioned instead of the twenty-fifth clay of March

and the thirty-first day of December.

60.

The Council may

if

they think

fit

make an allowance

by way of discount not exceeding the rate of five pounds per

centnm on all sums of money due to the Council for the supply

of

electric light or electrical power or energy from every person

who pays the same within such time of the demand thereof

as

the Council think

fit

to prescribe in

that

behalf and notice

to this effect shall be endorsed on every demand note in respect

of

such charges Provided that the Council shall make the same

allowance to all consumers under similar circumstances.

61.

The Council may refuse to supply electrical energy

to

any persoii whose payment for the supply of electrical energy is

for the time being in arrear whether such payment be due

to

the Council in respect of

a

supply to the same or other premises.

PART

VI.

RECREATION

GROUNDS.

62.

The agreement dated the ninth day of April one

thousand nine hundred and two and made between the Naster

Fellows and Scholai~s of the College of the Lady Frances Sidney

Sussex in the University of Cambridge of the one part and the

Council of the other part

as

set forth in the Third Schedule to

this Act is hereby confirmed and made binding on the parties

thereto and may and shall be carried into effect according to

the true intent and meaning thereof Provided always that the

purchase money payable under the said agreement shall be

paid.

by the Council to the Board of Agriculture to be dealt with by

them (siibject to the provisions of clause

10

of the said agreement)

as

capital money

in

manner provided by the Universities and

College Estates Acts

1858

to

1858.

63.

The Couircil ahall for ever maintain as recreation

groixntis the lands acquired by them under the said agreement and

delineated on the plan signed by

Sir

Robert Gunter the Chairman

of the Committee of the House of Commons to whom the Bill

for

this Act was referred and subject to the provisions

of

this Act

the provisions

of

the Public Health Acts relating

to

parks and

pleasure grounds and to the borrowing of money for the purposes

thereof shall apply to such lands proliided

as

follows

:-

(a)

The Council may by resolution dedicate any part

or

parts

of the said land for the purpose of making or widening

any streets under the Public Health Acts

:

32

12

EDW.

7.1

Cleelhorpes

Improuenaerzt

Act,

1902.

[Ch.

cliv.]

(b)

The Council may subject to the provisions of the said

A.D.

1902.

-

agreement and to such conditions as they may think

fit,

and

with the consent in writing of the said Master and Fellows

under their common seal exchsnge any part or parts of the

said lands for other lands within or in tlie neighbourhood

of

the district and any conveyance from the Council expressed

to

be macle in pursuance of this section shall operate

as

a

valid conveyance of the land to be conveyed and the lands

received by the Couiicil by way

of

exchange sliall for ever

thereafter be subject in all respects to the provisions of

this section and any money received by the Council by

way

of

equality of exchange shall be applied to purposes of recreation

grounds being capital purposes.

64.

The Council may erect maintain furnish and equip and

Council

may

may remove pavilions conservatories waiting rcfresliinent concert

~~~r~s~~~~

assembly or reading rooms museums baths and other biiildings

l-ooIlls

R-~.

and conveniences in the pleasure grounds or in any other park

or garden belonging to or held by them which may be required or

convenient for snch ground park or garden or the public resorting

thereto and may charge for aclniission thereto

:

Provided that the Council sliall not charge for aclmission to

such reading rooms on more than twelve days in any one year

nor

on

more than four consecutive days on any one occasion.

appurtenances belonging

to

then1

or

under their control to any

Coulld

to

such person

for

such term not exceeding tliree years

at

ail?

one

,ne,,f

time

at

such rent payable

at

such times under such covenants

&c.

and on such conditions ancl with under and subject

LO

such rights

powers privileges and authorities relating thereto respectively

as

the

Council may think fit.

rooms in the pleasure grounds belonging

to

them for tlie purpose

let

of particular meetings or entertainments.

61.

The moneys (if any) received from the admission of any

Application

person

to

the recreation grounds

or

any reading room assembly

~)~~~&

room or enclosure therein

or

from the letting

of

3ny refreshment

admissiou.

rooms or other buildings

or

for the

use

of

chairs or any apparatus

as

in this part of this

Act

meiitioned

shall

be carried to the

district fi:nd.

65.

The Council may let any refreshment rooms with their

YoTyer

to

let

refiesli.

66.

The Council may let any reading rooms or assembly

Couricil

iiiay

rooms.

68.

The Council may provide apparatus for games

and

Powcr

io

recreation for the use

of

the public frequenting the public parks

provide

apparalus

C

33

for

games.

[Ch.

cliv.]

C'leethorps

Improvement

Bet,

1902.

1'2

EDW.

7.1

A.D.

1902.

gardens and pleasure grounds and Inay charge for the use thereof

and they may lease or grant for

any

term not exceeding three

Fears the right

of

providing and charging for such apparatus

upoil

such

terms and conditions as they think proper and thc

Council may make rcgulations with respect

to

the use

and

payment for tlie use of sucli apparatus.

69.

The Council may pay

or

contribute towards the payment

of

a

public band of music for the district provided that the

amoiint

of

such papients or contributions do not in

an;);

year

exceed

a

sum equal to a rate of one penny in

the

pound on the

assessable value of the district for tlie purposes of the general

district rate The Council nzay in any pleasure ground or other

place enclose an area within which such band shall play aiid make

regulations as to the time and place for the playing of the band

the payments to be made for admission within the said enclosure

and for securing good and orderly conduct during the playing

of

the band.

18.

The

public parks gardens

ancl

pleasure grounds within

the district shall be deemed streets for the purposes of sections

24

25

and

29

of the Town Police Clauses Act 1847 and also for the

purposes of

so

much of section 28

of

that -4ct as relates

to

the

following offences

:-

Every

person mho slaughters or dresses any cattle or any part

thereof except in the case

of

cattle overdriven which may

have met with accident and which for the public safety or

other reasonable cause ought to be slaughtered on the spot

:

Every coniinon prostitute or night walker loitering ancl impor-

tuning passengers for the purposes

of

prostitution

:

Every person who wilfully and indecently exposes his person

:

Every person who publicly offers for sale or distribution

or

exhibits to public

view

any profane indeccnt

or

obscene book

paper print drawing painting or representztior, or sings any

profane or obscene song

cjr

ballad

or

uses any profane or

obscene language

:

Every person who wantonly discharges any firearm

ov

discharges

any missile or makes any bonfire

:

Every person who throws or lays any dirt litter ashes or night-

soil or any carrion fish offal or rubbish on any street.

Setting

apart

and

closing

grounds

for

qtiiws.

11.--(1)

The Coiuiicil may set tipart any portion

of

any

park

garden or pleasure ground for the time being belonging to

or

held

by

t,hem for cricket golf football archery tennis

ancl

other

games

and

for

the drill of volunteers yeomaiiry

or

cadets

or

of any.

pleasure

34

[a

EDW.

7.1

Clcethoq!es

11~prwei~~nt

drf,

1902.

[Ch.

cliv.]

military or police force or for tlie purposes of tlie delivery

of

_\.I).

1902,

speeches or the holdiiig

of

meetings of public or local interest

an6

--

inay

make an agreement n-jth any club or association by which

such portion may be secured to the clnl~ or association but so that

tlie same shall

be

open to the pnblic when not in use for such

games or clrill or other purposes arid tlie Council may make

byelaws for regulating the use

of

the portions

of

the park garden

or pleasure gromd

so

set apart.

(2)

The Council may when the pleasure grouiicls or any part

thereof ara used or set apart for

any

special purpose

as

in thc

last preccdiiig section iiieiitioiied

or

for

any of the purposes

mentioned in the Public Health Acts Amendment Act

1890

close

the same or such pzrt thereof against the public for not exceeding

twelve clays in any one year

iim

four consecutive days on any oiie

occasioii and inay during such respective periods dennanrl

aiicl

take

or

permit to be demanded

ancl

taken such rensonable sums

as

the

Council decide for the exclusive occupation of the said pleasurc

grouncl

or

any

sucli portion thereof

or

for the admission of persons

vehicles goods and things into the said pleasure ground or portion

thereof

so

used

or

set apart and

may

exclude therefrom all

persons vehicles

goods

and things unless payment be made of tlio

reasonable sum deinaiided.

(3)

The Council may

also

during times of frost for tlie purpose

of

protecting ice for skating

on

the lake belonging to them in

Cleethorpes

Park

in

Breretoii Street enclose such parts

of

such

park

as

may

be necessary

to

effect such purpose and charge

admission to any part

so

enclosed.

persons to place seats shelters or chairs in any street park

f~~~~~~r~~''

recreation groiind

or

pleasure ground

or

other public place for

the use

of

the public and may

if

they think

fit

charge or allow

such person

or

persons

to

charge

a

reasoiiable sum

for

the use of

chairs and may make byelaws for regulating the use of seats

shelters

and

chairs and for preventing injury or damage thereto.

72.

The Couiicil may place or authorise any person or

roTYcl

to

PART

VII.

SEASHORE.

73.

The Council may subject

to

tlie right of the Commis-

Uyeiliw?

:ls

sioiiers to remove obstructions to navigation make and enforce

lo

byelaws for the prevention of clanger obstruction nuisaiice or

c2

35

[-Ch.

cliv.]

C;eetliorpes

ImpotmIe?it

Act,

1902.

h2

Euw.

7.1

,\.I).

1902.

annoyance to persons using the seashore and in particular may by

-

such byelaws-

(1)

Regulate the erection

or

placing on the seashore or on

such part or parts thereof as map be prescribed by such

byelaws (all of which are in this sect’ioii included in the

words “the seashore

”)

of

any booths tents sheds stands and

stalls (whether fixed or movable) or vehicles for the sale

or

exposure of any article

or

thing or any shows exhibitions

perforinlances swings roundabouts

or

other erections vans

photographic carts

or

other vehicles whether drawn

or

propelled by animals or persons and the playing of any

games on the seashore and generally regulate the user

of

the seashore for such purposes

as

shall be prescribed by

such byelaws

;

(2)

Regulate tlie selling and hawkiiig of any article coin-

modity

or

thing on the seashore

;

(3)

Regulate the uscr

of

the seashore for riding and driving

;

(4)

Provide for the preservation of order and

good

conduct

74.

The Council may make byelaws-

among persons frequenting the seashore.

I3yelan

s

as

(1)

For

appointing and limiting the places on the seashore

froni which persons of each sex may bathe without using

a bathing machine or tent and for prohibiting the

use

of

any other place on the seashore for bathing without

using a bathing machine

or

tent

;

(2)

For the preservation

of

decency and order

at

public

bathing places on the seashore and for appointing and

limiting the places on the seashore

from

which persons

of

the male and female sex may bathe together

ancl

froni

which they may bathe separately

;

{3)

For regulating the hours during which bathing may

take place

from

public bathing places on the seashore

and for prohibiting the use

of

such places except during

the hours

so

fixed

;

and

(4)

For prescribing the use

of

decent and sufficient bathing

garments.

75.

Every part

of

the seashore shall for the purposes

of

the Vagrancy Acts be deemed

to

be

a

public place and shall

be

deemed to be

a

street for the purposes set forth in the section

of

this Act the marginal note whereof is

“

Pleasure

grounds

to

be

deemed streets.”

36

to

lxtthiug.

Senillore

to

he

deemed

and

street

for

certain

public

place

~)~~11Jo~~4.

[2

EDW.

7.1

Cleefftorpc.s

Innlprovenzent

Act,

1902.

[

Ch.

cliv.1

76.

The Council may malm byelaws requiring the owner

AD.

1902.

-

or lessee

of

any bathing machine to provide or employ boats

~~~l~~,,..

boatmen and attendants and to provide life-saving apparatus for

for

prolee-

the purpose of ensuring the safety

of

bathers and prescribing

biLtl,crs.

the qualification of such boatmen and attendants and the Co~zncil

may employ and pay boatmen for tlie purpose of protecting persons

whilst bathing.

97.

-

(1)

The Council may grant upon such terins ancl

Power

io

conditions as they may think fit licences for pleasure boats

liceuse

and pleasure vessels to be let for hire

or

to be used for carrying

boats

hC.

passengers for hire and to the boatinen

or

persons assisting in

the charge

or

navigation

of

such boats and vessels and may

charge annual fees

for

such licences not exceeding the following

sum$

namely

:

--

tion

of

pleasure

s.

d.

In

the case of boats and vessels to carry not more

In the case

of

boats and vessels to carry more than

ten bitt not more than twenty-five passengers

-

4

0

In the case

of

boats

and

vessels

to

carry more than

twenty-five but not more than fifty passengers

-

6.

0

In

the

case of boats and vessels to carry more than

fifty but not more than seventy-five passengers

-

8

0

And in the case of other boats and vessels

-

10

0

(2)

Any such licence may be granted

for

such period as the

Council may think

fit

and inay be suspended

or

revoked

or

endorsed by the Council whenever they shall deem such suspension

or

revocation or cnclorsemeiit to be mcessary or desirable in the

interests

of

the public provided that the existence of the power

to

suspend revoke

or

endorse the licence shall be plainly set forth

in the licence itself.

(3)

?\To

person shall let

for

hire any pleasure boat or pleasure

vessel not

so

licensed nor shall any person carry or permit to be

i-arriecl passengers for hire in any pleasure boat or vessel not so

licensetl.

(4)

KO

person shall act as boatinan

or

assist in the charge

nr

iiavigation

of

any pleassre boat

or

pleaswe vessel when let

for

hire

or

when carrying

passengers

for

hire who is not licensed

by tlie Council as aforesaid.

(5)

A

licence under this section shall

not

be required

€oi

any

boat

or

vessel

duly

licensed by

or

uuder

any regulations of the

Boarcl

of

Trade

or

for

any boatmen

or

person assisting in the

charge

or

navigation

of

such hcat or vessel.

than ten passengers

-

-20

I

i33

37

[Ch.

cliv.]

C‘k~~fI~o~~~cs

lmporem~~

t

Act:

1902.

[2

EDW.

7.1

(6)

No

person shall cariy

or

pcrniit to be carried in any

pleasure

boat

or

pleasure vessel a greater number

of

passengers

for

hire than shnll be specified in the licence appIying t,o such

boat, or vessel ancl evcry owner of any such boat or vessel shall

befom

permitting the mine to be

used

for

carrying passengers

for hire paint or cause to be painted on

a

conspicuous part of the

said boat or vessel the iiuniber

of

persons which

it

is licensed

to

carry.

(7)

Every person who shall act in contravention of the

pro-

visions

of

this section shall for each offence be liable on summary

conviction to

a

penalty not exceeding two pounds.

(8)

Any person cleemiiig himself aggrieved

by

the granting

withholding suspension revocation

or

endorsement; of any licence

uiider the provisions

of

this section niay appeal to

a

petty

sessional court held

for

the district after the expiration of two

clear days after such graiitiiig wit hliolding suspension revocation

or endorsement I’rovided that the person so aggrieved shall

give twenty-four hours’ written notice

of

such appeal and the

grounds thereof to the clerk and the court shall have power

to make such order as they see

fit

and to award costs to the

successful party such costs to be recoverable in like maiiner

as

a

penalty under this section.

(9)

Offences against the provisions of this section and penalties

imposed or recoverable thereunder may be prosecuted and

recovered summarily.

Sand

Src.

78.

Any person who

at

any time digs carries away or

removes any sand gravel shingle rock soil

or

other material from

frolll

sea-

the seashore shall for every such offence be liable to

a

penalty

shore

n

itik-

not exceeding twenty pounds

:

uf

~J~~IlC~l.

Provided that this section shall not, apply to the digging

carrying away or removal

of

any sand gravel shingle rock

9r

other material from any lands

by

or with the consent

of

an owner

or

leaseholder

of

such lands.

A.D.

1902.

-

not to

be

I

eiiiovetl

out

licel:,.c

PnnT

VIII.

IKFCCTIOUb

DISEASE.

Cowkeepcis

79.

Whenever

it

shall be certified to the Couiicil by the

m’

ot!teri

niedical officer

of

liealth that the outbreak or spread

of

infectious

to

funllbl:

11-ts

Gf

disease is in the opinion

of

such medical officer

of

health

(a~ls~o;w~~

attributable

to

the inilk supplied by any dairyman the Council

C:l-”.

niay

require

such

dairyman

to

furnisli

to

them

within

a

time

to

be fixed

by

them

a

full

anal

complete list of tlie names

i!i

(

eit

iii:

38

and addresses of all his customers within the district

and

such

A.D.

1902.

dairyman shall furnish such. list accorclingly and the Council shall

pay

to

him for

such

list the

siirli

of sixpence and ztfter the rate

of

sixpence

for

every twenty-five nanies contained therein Every

persoii who shall ..rvilfully or knowingly offend against this

enactment shall for each such offence be liable to

a

penalty not

exceeding five pounds and to

a

daily peiialty not exceeding forty

shillings.

88.

Whenever

it

sliall be certified to the Council

hy

the

~~cr6~tl~

inediea.1 officer

of

liealtli that it is clesirable with

a

view to prevent

ell~Lged

the spread

of

irifectious cliscase that they should be furnished

maq+ng

-with

a

list

of

the customers

of

any person earning

a

livelihood or

clothes

to

deriving gain by the washing

or

mangling

of

clothes the Council

of

o~vI'Deps

may require

such

person

to

furnish to them within

a

time to be

of

clotbcb

in

ccrtaiii

fixed by them

a

full ancl complete list of tlie names and addresses

(,3scJ.

of

tlie owners of clothes for whom such person washes

or

mangles

or

has washed or mangled and

of

the persons who have been

employed by any such person aforesaid during the past

six

weeks and such person sliall furnish such list accordingly and

the Council shall

pay

to

him for every such list the sun1 of

sixpence ancl

at

the rate

of

sixpeiice for every tweiity-five

names coiitainecl therein Every person who shall knowingly or

wilfully offend against this enactnient shall be liable

for

each such

offeiice

to

a

penalty not exceeding five pounds and to

a

daily

penalty not exceeding twenty shillings.

81.

No

person suffering

from

an infectious cliseas: shall

Iilfecteit

inill< aiiy aiiimal or picli fruit or engage in any occupation

I'~~~~~'

llot"'

carry

011

connected with

food

intended €or the use

of

man or carry on any

1wqiiic-b

kLC.

trade

or

business in such

a

manlier as to

be

likely to spread the

infectious disease

and

any persoii who shall offend against this

enactment shall

bc

liable to

a

penalty not exceeding forty shillings.

82.

No

person shall return

to

any public or lending library

Protectioti

aiiy

book which

has

been to his kiiowledgc exposed to infection

froin aiiy infectious disease but

shall

at

once

give

notice thcrcof

~~ooks

frolll

eo

and leave the

book

at

the

ofice

of the inspector of iiuisaiices

lelldin::

whose duty

it

slid1

be

to cause the mine to

be

disinfectctl and

then returned to the librarian or proprietor Any

person

who

shall offend against this ciiactniciit shall be liable to

n

penalty

not

exceeding

forty

shillings.

83.

Where

a

persoii

not being

a

pauper is

rcceivecl

as

8

Couwii

in.

>

patient into

tiny

hospital

for

infectious disease

the

Couiicil may

$~,~~J~l~~~~'

if

they think

fit,

thcinselves

pay

the whole or any

part

of

th9

~o.pi~~.

-

washing

01

furnish

list.

iection

of

library.

c4

39

LCh.

cliv.]

Cleethorpes Improvenzent Act,

1902.

[2

NDW.

7.1

expenses arising out of the reception

ancl

maintenance

of

such

person.

84.

If

any dairyirian shall

at

the request

of

the Cmuicif

stop his milk supply within the district on account

of

tlie spread

or suspected spread

of

infectious disease or the probability that

the consumption

of

such milk may cause tuberculosis to persoiis

residing within the district the Council may make compensation

tc?

him for any

loss

occasioned by such stoppage and any such

compensation may be pid out

of

the district fund or general

district

rate.

85.

If

any person shall

at

the request of the Council

or

of the medical officer stop

his

employment for the purpose

of

preventing the spread

of

infectious disease the Council may make

compensation to hiin

for

any

loss

he may sustain by reason

of

such stoppage.

86.

The Council inay

if

they think

fit

provide or contract;

with any other person to provide nurses for attendance upon

any person suffering froin infectious disease within the district

and may charge

a

reasonable sum for the service of any nurse

sa

provided.

87.

-4ny person being

a

nianufacturer or vendor

of

or

merchant or dealer in ice creams

or

other similar commodity who

within the district-

(A)

causes or permits ice creams

or

any similar commodity to

be manufactured

sold

or stored in any cellar or room

in

which there is an inlet

or

opening

to

a

drain

;

or

(B)

in the manufacture sale or storage of any such coinniodity

does any act or thing likely to

expose

such commodity

ta

infection or contamination or omits to take any proper

precaution for the due protectioii

of

such commodity from

infection or contaniinatioii

;

or

(c)

omits

011

the outbreak of any infectious disease amongst,

the persons employed in liis business to give notice thereof

to the medical officer of health

;

shall be lial~le for every such offence on summary conviction to

a

pennltv not, exceeding forty shillings.

.

If

tlie Council deem

it

iiecessary

to

remove from any

house

or

part thereof all or any of the residents not being

theniselves sick

on

accouiit of the existence or recent existence

tlierain

of

infectious disease

or

for the purpose of disinfecting

:iLdi

house

or

part thereof they may make application to a justice

lu

A.D.

1902.

-

Coinpeusa-

tiou to

dnirymei:.

Colllpenea-

tiou

to

per-

3011s

cexsiiig

t:IFT)lO)-illt?Ilt.

Power

to

provitlc:

nurses.

For

repu-

1

a.t

ing

II~:LIII~-

f:lctllre

:%:Id

de

of

ice

cre:iiris

&c.

Erlrtllcr

pro-

visions

as

to

ijolatlou.

[2

EDW.

7,]

Cleethorpy In~prouei~ent

Acf,

1902.

[Ch.

cliv.7

and the justice

if

satisfied of the necessity of such removal may

AD.

1902.

grant

a

warrant authorising the Council to remove such residents

and imposing such conditions as to time and otherwise as to

him

may

seem

fit

Provided always that no such warrant shall

be necessary when tlie removal is carried out with tlie consent

of any such resident or his parent

or

guardian The Council

shall

and

they are liereby empowered to provide free of charge

temporary shelter with any necessary attendants for such persons

while prevented from returning to such house or part thereof and

any expenses incurred by the Council under this section shall be

paid out

of

the district fund aiid general district rate.

of

a

child

who

is

or has been suffering from infectious disease

P~~~~~~~

permitting

shall not after

a

notice from the medical officer of health that tlie

infected

child is not

to

be sent to school permit such child to attend

childto

attend

school without. having procured from the medical officer of health

school.

a

certificate (which shall be granted free of charge upon applica-

tion) that in his opinion such child may attend without undue

risk

of

communicating sucli disease to others

If

any pcrson

offends against this eiiactnient he shall be liable to

a

penalty not

exceeding forty shillings.

98.

The medical officer of health inay enter any public

Power

to

elementary school within the district

at

all reasonable times and

~~~~~o

examin3 the scholars attending the same and may exclude from

examine

sttendaiice thereat for sucli period

as

lie shall coiisider requisite

chi!dreu.

s&OO1

any

scholar who in his opinion is suffering from infectious disease

or

is

likely

to

spread infection.

The medical officer of health sliall upon the exclusion of any

scholar in manner aforesaid give notice thereof in writing

to

the

priiicipal or person in charge of such school or

(if

such school

is

divided into separate departments and there

is

no principal or

person in charge of the whole school) the person in charge

of‘

the department which such scholar atteiids and shall send

a

copy

of such notice

to

the parent

or

guardian of

tile

scholar.

Any pcrsoii

wlio

shall obstruct the niedical officer

o!

health in

carryiiig into eEect

tile

provisions

of

this section

or

who

sliall

perinit

any

scholar

to

attend scliool after

lie

shall

have been

excluded

as

aforesaid aiid before the expiration of tlie period

of

exclusion sliali

be

liable

to

a

penalty not exceeding

forty

shillings.

9

1.

Whenever any scholar

i~ho

attends any school within

l’riticip:,t

the district shall be suffering from any infectious disease thc

‘“.llOOi

principal

01’

~WSOP

in

charge of

such

school

01’

(if

SUC~

s~li001

list

of

lipila

-

$9.

Any person being tlie parent

or

having care

or

charge

Penalty

011

to

filI1

41

[

Ch.

cliv.]

Cleethorpes

hpovement

Act,

1902.

[2

Enw.

7.1

AD.

1902.

is divided into separate departments and there is no principal or

in

taiu

person in charge of the whole school) the person in charge

OF

the

cases.

department, which such scholar attends shall forthwith on becoming

aware

of

the fact send notice thereof to the medical officer of

health and ahall furnish to the Council

at

their request

a

list of

the pupils attcnding thereat together with their addresses and

in default thereof shall he liable to

a

penalty not exceeding forty

shillings The Council shall pay to the person furnisliing any

such list

as

aforesaid for such list the sum

of

sixpence and

at

the rate of sixpence for every twenty-five pupils named therein.

--

Notice

of

provisions

of

this

part

of

-4ct.

92.

The Council shall cause to be given public notice of the

effect of the provisions

of

this

part

of

this Act by advertisement,

in local newspapers and by handbills aiid otherwise

in

sucli

manner

as

they think sufficieiit and this

part

of this Act shall

come into operation

at

such time not being less than one month

after the

first

publication of such an advertisement as aforesaid

as

tho

Council may fix.

PART

Ix.

'rUBERCULOSIS.

l'eoally

for

>2'1ing

cows.

93.

Every person who kiiowingly sells or

suffe1.s

to

be

soiti

or used for human consnmption within the dist,rict the milk of any

COR

which is suffering from tuberculosis of the udder shall Se

liable to

a

penalty not exceeding ten

pounds.

of cliseased

Penalty

on

failing

to

isolate

diseased

cows.

Oliliption

IO

notify

Case

of

tnbercnloeis.

94.

Any person the milk of the cows in whose dairy is

sold

or suffered to be sold or used for human consiimption within the

district who after becoming aware that any cow in his dairy is

suffering from tuberculosis of the udder keeps or permits to

be

kept such cow in any field shed or other premises

along

with

other cows in milk shall be liable to

a

penalty not exceeding five

pounds.

95.

Every dairymaii who supplies inilk within the district

ancl

hsa

in his dairy any cow affected wit11 or suspected

of

or

exhibiting signs of tuberculosis of the udder shall forthwit,h

give written notice

of

tile fact to the medical officer of health

stating his name and address ancl the situation

of

the dairy

or

premises where the

cow

is Any dairymail failing to give such

notice

as

required by this section shall be liable to a penalt,y

not

csceeding forty shillings.

Pon

cr to

96.-(1)

It

shall be lawful for the medical

otficcr

oi

health

tabe

xtrnp'cs

01'

any

pmon

provided with

aid

if

required exhibiting

tile

authority

in

writing of such nieclical officer

of

health to talic

of'

liliili.

42

[2

EDW.

7.1

Cleethorpes

Inzprovenzent

Act,

1902.

[Ch.

cliv.]

within the district for examination samples of milk produced

or

,\.D.

1902.

sold or intended for sale within the district.

(2)

The like powers in all respects may be exercised outside

the district by the medical officer

of

health

or

such authorised

person

if

he shall first have obtained from

a

justice having

jurisdiction in the place wlicre the sample

is

to be taken an

order authorising the taking

of

sainples of the niilk which order

any such justice

is

here’ny

empowered to make.

-

97.-(1)

If

milk froin

a

dairy situate within the district is

Power

to

being

sold

or suffered to be

sold

or

used within the district the

iuspect

or

take

COWS

medical officer of health

or

any persoii provided with and

if aampies

required exhihitiiig the authority in writing of tht: medical officer

Of

mil’r.

of

health niav if accompanied by

a

properly qualified veterinary

surgeon at

all

reasonable holm enter the dairy and inspect the

cows kept therein and if the medical oEicer of liealth

or

such

person has reason to suspect that any cow in the dairy

is

suffering

from tuberculosis of the udder lie may require

the

cow to be

milked in his presence

ancl

may

take samples

of

the milk and the

milk froin any particular teat shall

if

he so requires be kept

separate and separate samples thereof be furnished.

(2)

If

the medical officer

of

health is

of

opinion tliat tuberculosis

is

caused or is likely

to

be caused to persons residing in the

district from consumption

of

the milk supplied from

a

dairy

situate within the district or from any cow kept therein he

shall

report thereon

to

the Council and his report shall be accompanied

by

any report furnished

to

him by the veterinary surgeon and the

Council may thereupon serve

on

the dairyman notice to appear

before them within such time not less than twenty-four hours

as

may be specified in

the

notice to show cause why an order

should not be made requiring him not to supply any milk from

such dairy within the district until the order has been withdrawn

by the Council.

(3)

If

the medical officer of health has reason to believe that

milk from any dairy situated outside the district from which milk

is

being sold or suEcrsd

to

lie

sold

or

used within the district

is

likely to cause tuherculosis in persons rcsicling within the district

the powers conferred by tliis section may in all respects be

exercised in the case

of

such

clniry

Provided that the meclical

oficer

of

he:iltli

or

other authoriscc1 person shall first have obtained

from

a

justice having jurisdiction in the place where the dairy

is

duate an order authorising such eiitry

and

inspection which

order any

such

justicc is

herely

empoweret1 to

make.

43

Y’

[Ch.

cliv.]

Cleethorpes

I,q)rovei~ent

Act,

1902.

[2

Euw.

7.1

(4)

Every dairyman and the persons iu his employment shall

render such reasonable assistance

to

the aedical officer

of

health

or

such authorised person

or

veterinary surgeon as aforesaid

as

may he required by such medical officer

of

health person

or

veterinary surgeon

for

all

or any of the purposes

of

this

section sild any person refusing such assistance or obstructing

such medical officer

of

health person or veterinary surgeon in

carrying out the purposes

of

this section

shall

be liable to

a

penalty not exceeding five pounds.

(5)

If

in their opinion the dairyman fails to show cause why

such an order may not be made

as

aforesaid the Council may

make the said order and shall forthwith serve notice

of

the

facts

011

the county council of any administrative county in

which

the

dairy is situate and

on

the Local Government Board

aiid

if

the dairy is situate outside the district on the council of

the borough

01'

district in which

it

is situate.

(6)

The

said order shall be forthwith tvit,hdrawn on

the

Council or their medical officer

of

heidth being satisfied that the

inilk supply has been changed or that, it is not likely

to

cause

tuberculosis

to

persons residing in the c'iistrict.

(7)

If

any person after any such order has been

made

supplies

any inilk within the district in contravention of the order or

sells it for consumption therein he shall

be

liable

to

a

penalty

not exceeding fire pounds

and

if

the offecse coctinues

to

a

further penalty not exceeding forty shillings for every day during

which the offence continues.

(8)

A

dairyman shall not be liable

to

an action for breach

of

contract if the breach be due to an order under this section

(9)

The dairyman

may

appeal against an order

of

the Council

under this section or the refusal

of

the Council to withdraw any

such order either to

a

petty sessional court having jurisdiction

within the district

01-

at his option

if

the dairy is situate outside

the district to the Board of Agriculture who

shall

appoint an

officer

to

hear such

appeal

Such officer shall fix

a

time and

place of hearing within the district and give notice thereof to

;he clairyinan

and

the clerk not less than forty-eight hours before

the hearing Such

oficer

shall for the purposes

of

the appeal

iiave all the powers of

a

petty sessional court.

The Board of Agriculture may at any stage require payment

to

t,hein

by

the dairyman

of

such

SUM

as they deem right to secure

the payment

of

any costs incurred by the Board

of

Agrimltiwe

in

the matter of the

appal.

A.D.

1902.

--.

44

12

EDW.

7.1

Cleethorpes

IIII~

roz'cment

Act,

1902.

[Ch.

cliv.]

The court

or

the Board of Agriculture

as

the case may be

A.D.

1902.

may confirm vary or withdraw the order which

is

the subject

of

the appeal and may direct to aiid by whom the costs of the appeal

(including any sum paid or payable to the Board

of

Agriculture

as

aforesaid) are

to

be paid but pending the decision of the appeal

the order shall remain in force unless previously withdrawn by

the Council.

unreasonably refuse to withdraw the order the dairyman shall

if

not

himself in default be entitled to recover from the Council full

compensation for any damage which he has sustained by reason

of the making of the order or of the refusal of the Council to

withdraw the order.

The court or the Board of Agriculture may determine and state

whether

an

older the subject of appeal has been made without

due cause and whether the Council have unreasonably refused

to withdraw the order and whether the dairymail has been

iii

def aul

t

.

Any dispute as to the fact whether the order

has

been macle

or maintained without due cause or as to the fact of default

where

any

such fact has not been deterniined by the court or

Board of Agriculture or as to the fact of damage or

as

to

the

amount of compensation shall be determined in the niannei+

provided by sectioii

308

of the Public Health Act

1875

and

that section shall accordingly apply and have effect

as

if

the

same were herein re-enacted ancl in terms made applicable to

any such dispute as aforesaid.

99.

The Council shall cause to be given public notice of

I

Y

otiw

of

the eff'ect, of the provisions of this

part

of this Act by advertise-

P~~~~~*~~~~~

melit in local newspapers and by handbills and otherwise in such

of

Act.

manner

as

they think sufficient and this part of this Act shall

come into operation

at

such time not being less than one month

after the first publication of such an advertisement

as

aforesaid

as

the Council may

fix.

and penalties may be recovered by the Council before

a

pet1,y

ses,cioiial court having jurisdiction in the place where the dairy

is

situate

or

where the offence is committed and not otherwise.

into execution the provisions

of

this part

of

this Act shall

be

chargeable upon the district fund and general district rate

aiici

the Council

may

also charge upon the same rate any expenses

I

98.

If

an order is made without due cause or

if

the Council

Compciian-

of

this

paif

100.

Offences under this part of this Act may be prosecuted

Piocedure.

101.

All expenses incurred

by

the Council in carrying

~~t~

45

[Ch.

cliv.

J

Cleethorpes

fmpoveitierit

,4ct,

1902.

[2

EDW.

7.1

A.D.

1902.

iiicurred by them in the application by

a

veterinary surgeon of

the tuberculin or other reasonable test

for

the purpose

of

discovering tuberculosis to any

COW

whose milk is or was

recently being supplied within the district Provided that no

such test shall be applied except with the previous consent of

the owner of such cow.

ITsecntiou

102.

This part of this Act may be carried into execution

Of

this

part

by

a

committee of the Council formed in accordance with and

committee.

subject to the provisions

of

the Fourth Schedule

to

the Diseases

of

Animals Act

1894

except that the committee shall consist

wholly of members

of

the Council.

-

of

Act

by

PART

X.

STREZTS

AND

BUILDINGS.

103.-(1)

The approval by the Council

of

any plan

or

section

of

any street

or

building shall

be

null and void

if

the

execution of the work specified in such plan or section be not

commenced and bon% fide proceeded with within the following

periods (that

is

to

say)

:-

As

to plans deposited after the passing of this Act within two

As

to plans deposited before the passing

of

this Act within two

And

at

the expiration

of

those respective periods fresh iiotice and

depusit

of

plans shall unless the Council otherwise determine be

requisite.

(2)

The Council shall give notice

of

the provisions of

this

section to every person intending to lay out any street or

to

erect

a

new building the plans for which shall have been approved

before the passing of this Act but the laying out

of

which street

or the erection

of

which building shall not have been commenced

and shall attach

a

similar notice to every approval

of

plans given

subsequent to the passing

of

this Act.

104.

The Council may when approved retain any drawings

plans elevations sections specifications and written particulars

descriptions

or

details deposited with them in pursuance of any

enactment for the time being in force in the district or any

byelaw thereunder respectively and the Council may require that

such drawings plans and sections shall be drawn

on

tracing cloth.

105.

No

person except with the consent

of

the Council shall

in any new street commence to erect any new building

or

to

excavate for the foundation thereof until the whole length

of

Approval

of

certain

plans

to

bc

void

after

iu

tervals.

years from the date

of

such deposit;

years from the passing of this Act

:

As

to

plans

deposited

withCounci1.

No

buildings

allowed

formed.

until

street

46

[2

EDW.

7.1

Clecthorpes

Improvement

Act,

1902.

[Ch.

cliv.1

the street slid1 have been defined by posts or in some other

AD.

1902.

sufficient nianner to indicate the approved line and level thereof

Any person

who

shall offend against this section shall be liable

to

a

penalty iiot exceeding twenty pounds

and

to

a

daily penalty

not

exceeding forty shillings.

--

106,-(1)

Where any street

or

road in the district repair.

Councilmay

define

futnrc

able by the inhabitants at large is in the opinion of the Council

,ille

of

iljrt-

narrow

or

inconvenient or without any sufficiently regular line

ingstrcet-.

of frontage the Council may from time to time prescribe and

define what shall thereafter be the line of frontage

to

be &served

on

either side of

siic;’&l

street or road

The

linc which in any case

the Council propose to proscribe and define shall be distinctly

marked and show11

on

a

plan

to

be signed by and deposited with

the surveyor and such pian shall be

at

all

reasonable times

thereafter open for the inspection

of

the public witliout charge

sncl one month at least before the Council fornially prescribe

and define the line

they

shall give notice in writing of the

deposit

of

the said plan

GO

every owner interested who.;e name

and address they can ascertain

KO

new building erection

excavation

or

obstruction (being

of

a,

permanent character) shall

be niacle nearer

to

the centre

of

the street or rosd than such line.

(2)

The Council may and

if

required

so

to do by the owner

shall purchase the land lyiiig between any such line as aforesaid

and the existing building line of the street or road and t,he same

when purchhascd shall Test in the Council as part

of

the street

or

road.

(3)

Whenever in any of the above cases the Council shall

require the said line

to

be observed and kept they shall make hli

compensation to the owner and other persons interested in any

land

for

any loss or damage they may sustain in consequence

of

the line of frontage being set back and the Council sliall also

make to the owner of any adjoining land or building and

to

all

other persons interested

in

any such adjoining land full mni-

pensation in respect thereof for

all

damage loss or injury

(if

any)

sustained by them to such land or building by reason

of

the

Council requiring the said line to be observed and kept.

(4)

In estimating the amount of compensation or purchase

money to be paid by the Council under this section the benefits

accruing to the person

to

whom the same shail be paid by reuson

of

the widening or improvement

of

the street or road shall be

fairly estimated and shall

he

set

off

against the said compensation

or

purchase money.

47

[Ch.

cliv.]

Cleetlioi-ps

Impowme?Lt

Act,

1902.

12

EDW.

7.1

(5)

If

after any such line lias been defined and prcscribecl as

aforesaid any person offends against the provisions of this section

lie shall be liable

to

R

pendty not exceeding five pounds and to

a

daily pcudty not exceeding forty shillings.

107.

No

street shall be laid out for

a

length

of

more than

one hundred and fifty yards without an intersecting street or foot

passage plot less than eight feet

in

width and uacovered Any

person

who

shall offend against this section shall be liable to

a

penalty not exceeding

five

pounds and to

a

daily penalty not

exceediug forty shillings.

10s.

The Council may by resolution declare the point

or

limits

at

or within which any street is to be iaken as beginning or

109.

It

shall not be lawful for any person without the

cmsent

of

the Council first obtained wliich consent’ sliall not he

unreasonably withheld to lay any building materials rubbish or

other thing or make any excavation on or in any street and when

with such consent any person lays any building materials rubbish

or other thing or makes any excavation

on

or in any street lie

shall at his

own

expense cause the same

to

be sufficiently fenced

and

a

sufficient light to be fixed in

a

proper place on or near the

same and to be continued every night from sunset to sunrise

and

shall remove such materials rubbish or thing

or

fill

up

such

excavation (as the case may be) when required by the Council

and

if any person fails to corrlply in any respect with the require-

ments of this enactment he shall be liable to

a

penalty

nat

exceeding five pounds and to

a

daily penalty not exceeding forty

shillings and the Council may remove any such materials rubbish

or thilig or

fill

up such excavation (as the case inay

be)

and

recover the expenses from the offenders summarily.

110.

The Council may remove appropriate use and dispose

of any old materials existing in any street

at

the time

of

the

execution by the Council of any works in such street unless the

owners of buildings and lands in such street within forty-eight

hours after notice

so

to

do

served on them by the surveyor

remove such materials or their respective proportions thereof and

the Council may

if

they think

fit

allow such sum as they may

fix

to be reasonable value thereof to such owners for any materials

which have been re-used

or

removed by the Council.

111.

Every person desirous of forming

a

communication fai.

horses or vehicles across any footway

so

as to afford access to

any

premises from

a

street repairable

by

the inhabitants

at

large shall

A.D.

1902.

-

Intersecting

streets.

Council mtiy

declarewhere

streets begin

and

end.

ending.

Deposit

of

huildiug

materials

or

excavations

noL

to

be

made

without

consent.

Naterials

in

streets:may

he

sold.

Croseiugs

Over

foot-

for

horses

or

vehicles

ways.

48

///,;tt/

Acf.

I

!)02.

(Ch.

cliv.

I

first

give notice in writing of such desire to the Council and shall

A

1).

I!WJ?.

if

so

requirctl

hy

them submit

to

them

for

their approval

a

1)lail

of the proposed communication showing where it will cwt the

footpath and what provision

(if

any) is inade for ker1)ing for

gullies and

for

a

paved crossing antl the dimensions aild gradients

of necessary works and

shall

execute the works

at

his own

expense iintler the snperwision and to the reasonable satisfaction

of the surveyor and

in

case such

plan

shall have k)een required

then i?i ;Lccor(l;iii(ae with the plan

so

approved ant1 not otherwise

and

if

any

parson

drives

or

perinits or causes to 1)e driven any

horse

or

v~hicle

nci'oss

any footway unless antl until

such

a,

communication

as

aforesaid has been

so

made lit: shall for each

offencc

be

liable

to

a

pennlty not, exceethg forty shillings.

Il2.-(l)

No

new building shall without the approval

of

fIrifiiit

of

the Council be erected

on

the

side

of

any

street wliich slitill

')d'i''2.*

excecd in height the distance from the front of such builtling

to the opposite side of such street nor shall the height of

tmv

building

at

any

time erected on the side of any street be

at

any

time sitbsequently incrc.ased without such approval

as

aforesaid

so

as

to

exceed such distance Provided that the approynl of tire

Council shall not in

{he

case

of

the rebuilding of any builtliirg

existing

at

the

passing

of this Act be withheld

so

as

to involve

a

material sacrifice of property In determining the height of

a

building the measureinent shall be taken from the level of tlic

centre of the street imincdiatelp opl'osite the centre of the front

of the builtling

up

to the top of the parapet

or

to the eaves of

the roof

as

the case

rimy

be In the case of

a

gablc facing tlie

street the measureiiiriit shall be

to

a point halfway between the

level of tlrc

eaves

am1

the ridge In the case of

a

roof

which

slopes away from the street

at

any greater angle to the horizon

than fifty

degrees

the nieasurement shall be to the ridge

of

tlie

roof

and

not to the eaves.

(2)

In

case any Iiuilding

is

after the passing

of

this Act

erected

or

raised

to

a

greater height than any adjoining building

and any flues

or

chimneys

of

such adjoining building are in the

outer or party wall or against the building

so

erected

or

raised

the

person erecting

or

raising such building shall

at

his own

expense build

U]J

those flues and cbimnrvs

so

that the top thereof

may

lie

of

the same height as the top of the chimneys

of

the

building

so

erected or raised.

<:>

Any person who shall offend against any provision

of

this

section shall be lia hle

to

a

penalty not exceeding forty shjllinos

and to

a

daily penalty not exceeding twenty shillings.

~

D

49

[Ch.

cliv.1

('/~~t/t/)/'j/~8

~?ll/Ji'UW??/c

)/t

Aid,

1!)0d.

[:!

7.1

A.D.

1902,

I~rece,ltiorl

mL

removal

of

projer-

tions

over

atreet.

113.

Sections

69

and

70

of the Towns Iulprovenient

Chuses

Act

1847

(incorporated with the Public Ilealtli

Acts)

sldl

wi

tli

respect to the district extend and apply to' any crane

or

apparatus

for

hc4stiiig

or

lowering

goods

aid

any other like projectioii froin

or

at

any building and whether erected before or lifter the

passiiig

of this Act which the Council inay determine to be dangerous

01'

an obstruction to the safe and convenient use of any street.

1114.

The Council may make byelaws with respecl to the

materials with which new buildings shall lie constructed and with

respect to the manner in which and the materials with which

grates stoves and fireplaces shall be set in new buildings.

115.

If

the footway

or

cai~iageway of any street belonging

to

or

under the management of the Council be injured hy

or

in

consequence

of

any excavations

or

building operations on lands

adjoining thereto the Council may repair

or

replace the footway

or

carriageway injured and all damages and expenses

of

or

arising

from such injury and repair

or

replacement shall be paid to

tlie

Council

by

the

uwiier

of the lands

on

which such excavations

or

building operations have been macle

or

by the person causing

or

responsible for the injury.

I

ti

executing

116.

Whenever the Council under any enactment or byelaw

for the time being in force within the district execute re-execute

Couricil

not

or alter any work act

or

thing in default

of

tlie owner

or

occupier

liable

for

and in the absence

of

misconduct

or

negligence on the part

of

darnilges

bave

iri

the Council

or

of any contractor or person employed by thein

caseof

are required to pay any damages penalties costs charges and

expenses

for

or in respect

of

or consequent upon the executing

re-execnting

or

altering such work act or thing the amount

thereof when pid shall be deemed to be

part,

of

the expenses

payable

by

such owner

or

occupier

and

shall

b,e

recoverable

accordingly.

Elevation

of

117.

All buildings

or

parts of buildings which may in

bujldings

future be erected on the site of any building

or

any lancl which

frout

ia~~ito

site

or

land in consequence of any improvement made by the

be

Council becomes front land shall be erected accordiilg

to

such

of

council.

elevation as the Council approve and

if

the owner lessee

or

occupier of any building or land which on the making of any

such improvement acquires

a

frontage to the street makes any

door or entrance opening upon

or

communicating with the street

or any wall

or

fence by the side of the street every such owner

lessee

or

occupier shall make the building wall

or

fence in

a

line

and the elevation thereof fronting to or towards

the

street

in

-

Eyelaws

as

to

bnilcling

~naterials.

Recovery

of

clamages

footwttys

caused

to

works for

owner

geuce.

erected

on

to

approval

60

[

2

EDW.

7.1

CIePtliorpes

Imj)ro~~~~w/f

AY.

1902,

[Ch.

cliv.]

accordance with

a

plan approved by the Council and in

case

the

A.D.

1902.

Council for the space of one month after any plan or drawing of

such elevation is submitted

to

them neglect to notify their

cleter-

mination in writing with reference thereto they shall be ileeiiietl

to have

~p~)ro~ed

thereof The Council sEiall make conipensa tion

to

the owner of

any

huiltling or land for any loss or clamagc. he

may suffer

by

reason of the setting back or bringing forward of

such building wall or fence.

-

118.

From and after the passing of this Act--

\YIii11

to

hc

tleeiiied

IICW

The Conversion into

a

dwelling-house

of

any building or

,~,li,,,i,l~s~

part

of

a

building not originally constriicted for human

habitation

;

The conversion of

a

building which when originally

-

erect

cci

was

legally exempt froni the operation

of

aiiy building

byelaws in force within the district into

a

building

which

had

it been originally erected in its conrerted

form would have been within the operation

of

those

byelaws

:

The re-conversion into

a

dwelling-house of aiiy building

which has been discontinued

as

or appropriated for tiiiy

purpose other than that

of

a

dwelling-house

;

The making

of

any addition to any existing building by

raising any part

of

the roof or making any projection

therefrom but

so

far

as regards such addition only

;

and

The roofing

or

covering over

of

any open space between

walls or buildings

;

shall for

a11

the purposes of this part of this Act and of the Public

Health Acts and of aiiy byelaws made thereuncle; respectively

be

deemed to

be

the erection of

a

new building.

(used or intended to be used

as

a

tavern hotel 1iyclrol)athic

ti’c’a~)e

l’rolll

cstablishriient boarding house or school) shall be provided

on

the

race

ot

tilc,.

storeys the upper surface of the floor whereof is above twenty feet

from the street level with such nieans

of

escape in the case offire

for the persons dwelling or employed therein

as

niay be retisonably

required under the circunistances of the case and no such building

shall be occupied until the Council shall

have

issued

a

certificate

that the provisions of this section have been complied with in

r

el at ion there

t

0.

Nothing in this section contained shall be deemed to interfere

wit11 the operation of sections

14

and

15

of the Factory ancl

Workshop Act

1901

or of

any

Act amending the same.

11

9.

Every new building exceeding thirty-five feet in height

Ne:iiiL

of

\uiltiii!g<

in

D2

51

A*

lo

:clll-

p0r:tl.y

:Ill([

hllttiiigb.

l20.-(1)

Ijefore any person erects

or

sets up

any

ternporaxy

or movable huilding lis shall apply to the Council for permission

so to

do

and

such

application shall

be

accoiiil'anicci

by

a

plan and

sections of the proposed building drawn to

a

scale of not less

than one inch

to

every eight feet antl

a

lnloclr

plail drawn to

ii

conveiiient

scdc

sliowing the intcnclcd situation

a11~1

surroundinds

of

the

1)roposeecl building togother with

il

specification tlescrihilig

the

inatcrials propose(1 to he used in

thc:

construction thereof

;tiid

the pnrpose for which the building

is

intended.

(2)

The Council shall within one month after the delivery of

the

plan

aut1 sections antl specification signify in writing their

approval

or

disapproval

of

the intended builciing to the person

proposing

or

intending to

set

uy

the same,

(3)

The Council

may

attach to their a1)proval any conditions

which they may

deem

proper with regard to tlie sanitary arrange-

therefrom protection against fire and the period during which

such lnuiltliiig shall be allowed to stand.

(4)

If

any

such building

is

commenced erected

or

set

up,

without

such application accompanied by such plan

and

sections and

spcoification or after the disapproval

of

the Council or before

the expiration

(if

one month without such approval

or

is

in

any

respect not in conformity with any condition attached by the

Council to their approval the person

who

commenced erected

or

set up

siwh

building or if any such building

is

not removed within

the period allowc~~l

by

the

Council

or

any prolongation thereof tlte

owner of such building shall

Fe

liablc: to

n

penalty

for

every such

otTcnce

not exceeding forty shillings and to

a

daily penalty

of

the

like amount

and

the Couiicil may cause such building to be pulled

down

or

removed and my expense incurred

by

them in

or

a1,out

the pulling down

or

removal of the building may be recovered

iii

a

summary manner from tlie owner of the building

or

from tlie

person erecting

or

setting

up

the same

at

their discretion.

(5)

The following buildings and works shall

Le

exempt from

the operation of this section

:-

(A)

Buildings expressly exempt from the operation of the Acts

or byelaws for

the

time being in force within the district in

respect of new buildings

and

ac=p

tent not remaining

for

more

t,han

seven

days

;

1110\

il

IllC

ments of

such

buildings the ingress thereto and the

e&*

"1

ess

62

[2

Em.

7.1

(Jleetnot-pes

It?zpmert?eni

il(at,

1902.

[Ch.

cliv.

(13)

Any

wooden or other erection of

a

moveable

or

tc.Ii:l)or:wy

1Z.J).

IWL

cliaracter coiistriictecl or

set

up

f’or

use

during tlie constructioll

alteration

or

repair

of

any

building but sucli structure

or

erection shall be liulleti down or removed irnnlediately after

tlie completion

of

such

construction alteration

or

repair

and

if not

so

taken down or removed the Couiicil may cause the

same

to

be

pulled down

or

rem01 ed

i~~ici

any expense inclimecl

by tliein in

or

allout the pulling

tlown

or removal

of

the

building

mi~y

be

recovered in

n

siiinmary

maimer fro111 the

owner

of

the building

or

from

the

persoii

erecting

or

setting

up

the

same

at

their discretion

;

and

((7) Any

wooden

or

other erection constructed

or

set

up

for

tlie purpose

of

protecting or of preventing tlie i~cquisition

of

right

of

light.

121.

If

any yard

or

open

space in

connexioii

with

my

~:~~~l~

to

-

dwelling-house erected liefore the passing

of

this Act

sh;r

11

not be

P~\CJ.

so

formed flagged asphalted

or

pawd

as

to

allow of the surface

water being carried otf to

the

,Imiiis of

such

liousc

the

Council

may

give to the owner of such

house

noticc in writing requiring

him

within fourteen

days

after

such

notice

shall

have

Jmii

so

given to proceed to form anci to

flag

asphalt

or

1mvc

such ymd

or open space for

at

least two

huntlretl

square

feet imniccliately

adjoining such

house

so

as

to allow of the surfacc water being

carried

OK

to the drains

of

such

house

ancl within twenty-eight

days

after such notice shall

have

been

so

given

to coinplete

such

several

worlis

to the satisfactioii

of

the Council

and

if

s~icli omer

sliall

make defaLilt in complying with any

of

such requireniaiits

to

the

satisfaction of

tlie

Couiicil within tlie respective times

aforesaid

tlie

Council

niay

if they tliiiili

fit

execute the

works

necessary for carrying out

such

royuirenieu

ts

aiicl

the expenses

iiicr:rrcd

by

tlieni in

so

doing shall be paid to the Council

by

siicli

owner

ancl

sliall he recoverable surnmarilp.

122.

Tf

any land

other

tlian

1ancl

iiow foriiiing part

of

any

Fcitciitg

coninion ac1joiiiiiig

any

st

wet

is

ailowcil

io

remain

Lwieilcecl

or

\‘:l(a:iii‘

‘:L1l~”

tlir:

fc~nces thereof

arc

allowed

to

bc:

or

rciiLa,iii

out

of

repair and

itlccts.

such laiitl is iu

the

o;pi-’inion of

tlic

Council owing

to

the

al)sence

or innclequate repair of

any

sucll

f:~ict:

a,

souiw

of

clanger

to

passengers or is

used

for

my

iniuiornl

or

incleceiit

puqmses

or

ior any purpose causing iiiconvcnieiice or :mnoynnce to tlie yublic

then after the expiration

of

fourteeu

clays’

notice

from

rhc?

clerk

of

the Council to the

owner

or

occnpicr

of

thi:

SNJX

or

Lvit

limit iL1iy

notice

if

the

Couiicil are uiia1)le after diligent iuquii

y

to

discover

at1

joiii

iiig

D3

53

[Ch.

cliv.1

C~W~~IOI-I)PS

Improtwiwi~f

Ad,

1902.

r2

EDW.

7.1

the

wnic

or

plnco of

ahotle

of

sudi

owncr

or

occupier the

Connc:il

i11a-y

cause tlie saiiie to he fenced or

may

cause tlie

fences

to

be

repaired in such manner

as

they think

fit

and the expenses

thereby incurred may he recovered from such owner or occupier

sumni;LrilT

as

a civil debt.

123.

Where any tree hedge

or

shrub overhangs any street

or

pul)lic footpath

so

as to obstruct or interfere with the light

from any public lanip or to interfere with vehicular traffic

or

with

the free passage or comfort of passengers the Council may serve

a

notice on the owner of the tree hedge or shrub

or

on the occupier

of the premises

on

which

such

tree hedge or shrub is growing

requiring him to lop the tree hedge or shrub within seven days

so

as

to

prevent such obstruction or interfereiice

aid

in default of

compliance the Council may themselves carry out the requisition

of their notice doing no unnecessary damage.

PART

XI.

SANITARY

MATTERS.

124.

In addit,ion

to

all other powers vested in

the

Council

-

the

Council

if

it shall appear to them on the report of the surveyor

:,,,,I

clrili,ls

or medical officer of health that any building whether built before

forI)llil(lings.

or

a,fter the passing of this Act

is

not provided with

a

proper

sink or drain or other necessary appliances for carrying

off

refuse

water

from such building may give notice in writing to the owner

or

occupier of such building requiring him in the manner and

within the time to be specified in such notice to provide such

sink drain

or

other appliances and

if

such owner

or

occupier

shall make default in complying with such requirement within

the time specified in such notice he shall be liable to

a

penalty not

exceeding five pounds and to

a

daily penalty not exceeding twenty

shilling!: and in case

of

default the Council may

if

they think

fit

theniselves provide such sink drain or other appliances and the

expenses incurred by them in

so

doing shall be repaid to them by

such owner or occupier and may be recovered summarily.

Provisious

125.

The owner of any dwelling-house which is not provided

w

to

llonses

with

a

proper and sufficient water supply who shall occupy

or

wxter

allow to be occupied such dwelling-house shall be liable to

a

~11~~1~.

penalty not exceeding five pounds and to

a

daily penalty not

exceeding forty shillings.

Owuer

$6.

to

126,

Whenever the surveyor

or

the medical officer of health

pernIit

n~~~lli-

or inspector

of

nuisances has reasonable grounds for believing

,(,

,~;:,i,,?.

that the drains connected with any building are defective

so

as

pro\

ideziuks

mithcii

t

r:Irii)ii

of

teat

64

12

Euw.

7.

j

Cleeth~wpes

/mprovenmt

Act,

1902.

LCh.

cliv.]

to

cause

risk to health lie may after twenty-four hours' notice

A.U.

1902.

and witli tlie coiiaeiit (except in the

case

of

houses let

in

separate

dwellings) of the owner or occupier of such building

or

in the

evmt

of'

objection

by

aiiy

siicli

owner or occupier after obtaining

the

order

of

a

court

of

summary jurisdiction apply such test

(other tlian test

by

water under pressure)

as

he may consider

efficient to such drains

for

the purpose of discovering any defects

therein

Any

owner

or

occupier who refuses notwitlistanding

such order to allow

such

test to be made or

to

give all reasonable

facilities for making such test shall be liable to

a

penalty not

exct~eding forty shillings and to

a

daily penalty

not

exceeding

tweiit,y shillings.

If

tlie drains be

found

defective

so

as

to cause risk to health

the owner or occupier of the preiiiises shall be bound on receiving

notice

from

the Council to that effect specifying generally the

nature

of

the defect to carry out all reasonable operations for

remedying the same within

a

reasonable time

to

benanied in such

notice and if he makes default in

so

doing the Council

may

enter

and execute the work and recover the expenses thereof froni the

owner or occupier

in

a

summary riianiier or where the owner

is

the person liable

as

private iiilproveineiit expenses are recoverable

under the Public Health -4cts but nothing in this section shall

affect contracts betweeii owner and occupier.

127.

The powers conferred

by

section

41

of

the Public

~uteusiou

Health Act

1875

upon the Council to empower $he surveyor and

:$$$f

inspector

of

nuisances to enter premises for the purposes therein

IIe?ltll

Art

mentioned sliall extend

to

authorise the Council

ii

on

the report

1875.

01

either of such oficers it shall appear that they have reason to

suspect that my drain watercloset earth-closet privy ashpit

or

cesspool

is

in

a

condition in which

it

is

a

nuisance or injurious

to health or likeiy

to

become

so

to ernpower the surveyor or

inspthctor of nuisances after twenty-four hours' notice to the

occupiclr of

siich

premises or in

case

of emergency without notice

to

enter

such

premises and

to

act in accordance with the provisions

of

the said section

as

if such writteii application

had

been made

as

t

11

er eiii

ni

en

t

io

n

ed

.

or

alter the course

of'

aiiy (hili coriiiiiuiiicating with any sewer

str"cti'll

'If

of

the Council except in accordance with the provisions

of

the

byelaws relating to the drainage of new buildings.

4

ny person offending agktinst this section shall be liable to

:L

peiialty not

excwliiig

five

lwiuids t~nd to

;L

ddy

penalty iiot

exceeding five shillings.

128.

It shall not be lawful for any person to reconstruct

RPCOII-

dr:iiii~.

D4

55

rch.

c'.~v.

1

CI/vtl,or/i~.c

h7/)t

O?Wl//J?l~

A/>/,

1902.

[

2

EI)~.

7.1

\.I).

l')\E.

1

29.

LI'

a

wLtc~rt~lo.sd

01-

(lrtbiii

is

so

rwnstrnctctl or

rc:!)nir.cvl

11,~~11~~1~,,,

as

to

be

a

nliisnnce

or

injnrious or

tlnngerons

to hoaltli tiic person

(vii\iriivtioii

wlio undertook

or

executed such construction or repair shall unless

he

s1io.cr.s

that such construction or repair was not due to any

01

IC""t1r

of

\v:l

tcrulchet

r,r

clrnili.

wilful act neglect

or

default be liable to

a

penalty not exceeding

twenty pounds Provided that where

a

person is charged with an

offence under this section he shall be entitled upon inforniation

duly laid by him to have any other person being his agent servant

or

workman whom he charges as the actual offender brought

before the court

at

the time appointed for hearing the charge and

if

lie proves to tlie satisfaction of the court that he

had

used due,

diligence to prevent the commission

of

tlie offence and that the

said

other person committed the offence without his knowledge

consent

or

connivance he shall be exempt from any penalty and

the said other person inay be summarily convicted

of

the offmce.

\V

ilf

nl

138.

Aiiy person who shdl cause any drain watercloset

earth-closet privy or ashpit to be

a

nuisance or injurious or

tlxm:t!ge

t

0

closets

&e.

chngerous to health

by

wilfully destroying or damaging the same

or

any

water supply apparatus pipe

or

work connected therewith

or by otherwise wilfully stopping up or wilfully interfering with

or

improperly using the same or any such water supply apparatus

pipe or work shall be liable to

a

penalty not exceeding five

pounds Provided tliat nothing in this section shall prejudice

any

right which the owner or occupier

of

any premises aggrieved by

any such act inay have to recover compensation in respect

of

any

damage suffered by him by reason of such act.

131.4

!)

Where on tlie certificate of the medical officer

of

health

it

appears to the Council that any articles in any house

or

part thereof are in such

a

filthy and dangerous or unwholesome

condition tliat health is affected or endangered thereby

or

that

the cleansing or purifying

or

destroying

of

any

such artides

is

requisite to prevent risk of or to check infectious disease the

Council niay if they think

fit

cause any such articles in any such

house

or

part thereof to be

at

their own expense cleaned or

purified or they niay destroy the same.

(2)

If

any owner suffer any unnecessary damage the Council

shall compensate liim for the same and the Council shall alsc

reasonably compensate the owner for any articles destroyed.

C

oi

I

I I

(.i

I

II

I

ZLJ

131.

Before any drain existing

at

the time of the passing of

~c~(~~1ile

(A'

tiiis

Act

and

not tlieii coinniunicatiiig with any sewer of the Council

\:Bid

o,)cl,

for

shall

be

made to coinrnuiiicate with any sewer

of

tlie Council the

d

I

niir

s

\va

ter-

Fililiv

mid

cl:lug

(,roll:

puii"ec~.

iii

ticies

10

bc

tlr:tin

to

be

1

\

~~lill:~tion

Council niay require the saiiie to

be

laid open

for

examination

by

1,)

bill'\

''3

01'

56

tlio

surveyor

and

no

such

comrniinicatioii s1i;~Il

be

11ia(le uiii,il tlic

'1.1).

I

VE.

surveyor shall certifv tliiLt

siicli

(lrnin

m:iy

bo properly niatle to

I,efure

colll-

communicate with such sewer aiicl the surveyor shall cause tlie

nruiiicating

ground to be closed and iiny

damage:

done to be made good

as

soon as can be and the expense of the works shall be defrayed

by the Council.

133.-(1)

The Council may on the erection of any new

Coiincil

may

builtiing when

a

sower

and

water supply suilicient for tlie purpose

~~~~~,osats

are reasonably available

by

written notice to the person by

to

iiem

whom plans relating to the new building are deposited require

that such new building shall be provided with proper and sufficient

waterclosets.

(2)

The Council may on

the

erection

of

any

new

building

whcn

a

sewer

illltl

water supply sufficient for

LL

watercloset are

not reasmably available require one or more propel- and suflicient

earth-closets and ashpits

to

be provided

ikt

or

in coiinexion with

such building.

(31

Any persoii offending against any requirement

of

the

Council urider this section shall be liable to

a

penalty riot exceeding

five pounds and

to

a

daily penalty not exceeding forty shillings.

l34.-

(1)

When

a

sewer

arid

water suuppl~~ sufficient for t,he

~oriversiou

purpose

iire

reasonably availnlnle the Council

may

require

a

niy

Of

esiiting

existing closet accommodation (oilier than

a

watercloset) provided

tion

illto

at or in connexioii with any building to be altered

so

ass

to be

nraterclosetq.

converted

into

a

watercloset which shall comply with the byelaws

for the tirnc being in force and shall communicate with

a

sewer

and they may

also

require

a

separate receptacle for ashes and

house refuse to be provided

at

or in connexion with such

building.

(2)

If

thc owner

of any

such building fail in any respect

to

comply

with

a

notice from the Council under this section the

Council mny at the expiration

of

a

time to be specified in tlie

notice

(cos

being

loss

than twenty-one

days

after the service

of

the

notice)

do

tlie work specified in

such

notice

aiid

may recover

froiii

the

owiier tlie ospenees incurred by tlie Council in

so

doing.

Provided that

if

in

any

case

such

alteration shall be required

in respect of

my

existing closet accciinmodation which prior

to

the service

of

the

notice urider this section shall

not

have been

certified

by

tlie iiiedical officer

of

health

to

1)c

insuificient for the

necessities of the inhabitants of tlie building

or

to

be

in

such

a

state

as

to create

a

nuisaiice or to be injurious to health then

the Council

sliall

boar

and

pay

such

sum towards tlie expenses

__

;Lccommoda-

57

[Ch.

cliv:l

Clcetlmyes

I/~tp-ozwttet~t

Act,

1902.

[a

Euw.

7.1

A.D.

iw~

incurred

by

them (not being less than oiic half thereof)

as

they

inay consider just and proper according to the circunlstnnces and

the remainder

of

the expenses shall be borne by the omnel’.

(3)

The Couiicil may contribute towards the expenses incurred

in making any alteration of any closet accommodation in

pursuance of this section in any case in which they

may

not be

required to bear any part of such expense.

(4)

The notice under this section shall state the effect of the

provisions of this section.

AS

to

appeal

135.--(1)

Where any person deems hinzself aggrieved by

~1cldertwo

1,

my

requirements of the Council under either

of

the two

last

preced-

illg

precediog

sectioiis

or disputes the reasonableness of the

expeiises

charged to him by the Council under such sections such person

may within fourteen days after the service of notice of the

requirement

or

of

a

clemand for payment of the expenses appeal

to

a

court of summary jurisdictioii and the court may make such

order in the matter

as

to

them inay seem equitable

aid

the order

so

made shall be binding and conclusive

on

all parties

:

Provided nevertheless that the right

of

aFpeal subsequent to

the service

of

a

demand

of

a

payment shall be restricted to the

ground

of

the reasonableness

of

the amount of the expenses arid

the appellant shall be precluded from raising

at

that

stage

any

other question.

(2)

Pending the decisioii

of

the court upon such appeal the

Council shall not be empowered

to

execute any works included in

the notice and any proceedings which may have been commenced

for the recovery of such expenses shall

be

stayed.

~

Urinals

to

be

:~ttachecl

to

refresh-

ment

bouses.

Public

cou-

venierices

and

lava-

tories.

136.

Where any inn public-house beer-house eating-house

theatre or other place

of

public entertainment built before or

after the passing of this Act has no urinal belonging or attached

thereto the Council may by notice in writing require the omney

of

such inn public-house beer-house eating-house theatre

or

other

place of public entertainment to provide and iiiaintain

OH

the

premises

a

urinal

or

urinals and shall keep the same in good

order and condition

to

the satisfaction

of

the Council Any

Ixrson who fails after

a

period of twenty-eight days from such

notice to comply therewith shall be liable to a penalty not

exceeding five pounds and to

a

daily penalty not exceeding ten

shillings.

137.

The powers

of

the Council iinder section

39

of

the

Public Health Act

1875

shall extend

to

authorise them to provide

t~iicl

maintain closet accommodation uriruals and lavatories in

or

58

yz

li:

I)W.

7.1

(7/~~~~h~wpcs

lvr,lproveme,rt

Acf,

1902.

[Ch.

cliv.]

uiider

any street repairable

Ijy

tlie inhabitants

at

large for the use

A.D.

IWL

of

the public and to employ and

pay

attendants and to make

teasonahlc charges for the use

of

aiiy closet accommodation

or

of

any lavatory

so

provided by the Council and to make byalaws

for thtb management of such closet acconlmodation urinals and

Iltva1,ories and

as

to tlie conduct of persons frequenting the same

and to

1Pt

any such closet accommodation and lavatories for such

periotls and upon and subject to such terms and conditions

as

they

ma^

ttiiiik

fit.

materials or rubbish

of

a

like description be deposited in any

zz:;W:ff

ashpit

or

ash-tub the Council may make

a

reasonable charge for

trade refuse.

the roiiioval

of

thc same which charge shall be paid to the Council

by the occupier

of

the premises in respect of which the charge

is

made niid niay

he

recovered summarily.

of

sickness and accidents happening within the district and may

provide

provide attendants and horses and maintain and keep the same,

-

138.

If

ally trade refuse

or

any building materials or other

Charge

for

139.

The Council may provide ambiilaiices for use in cases

council may

ambulances.

148.

For

the purposes of the Public Health Act

1875-

Acts

&e.

to

(1)

Any

cistern used for the supply of water

for

domestic

be

deemed

purposes which is

so

placed constructed

or

kept

as

to

witilin

nuisances

render the water therein liable to contamination causing

P~blic

Health Act

1875.

or

likely to cause risk to health

;

(2)

Any watercloset earth-closet or manure

pit

so foul

or

in such

a

slate

as

to

be

a

nuisance or injurious to

health; and

(3)

Any gutter shoot or stack pipe of

a

building which by

reason

of

its insufficiency

or

its

defective condition shall

cause damp in

an

adjoining building

;

shall be deemed to be nuisances and liable to be dealt with

sumniarily under the provisions

of

that Act.

YAHT

XII.

POLICE.

141.

,4ny unfenced ground adjoining or abutting on any

uufeuced

street sIia!l

be

deemed to be

a

street

for

tlie purposes

of

this

groullc'sto

part

of

this Act

and

of

scctioil

29

of

the Tewn Police Clauses Act

certain

pur-

1847

and

of

so

niucli

of

section

28

as

relates to the following

poses-

oflences

:

-

bo

streets

for

Every person who suffers to be

at

large any unmuzzled ferocious

dog

or

sets

011

or

urges any

dog or

other animal to attack or

put

in fear my person

or

animal

:

59

[Gh.

cliv.1

''lcetlioqm

Tm~wovenirrlt

..2rf,

1902.

[Z

EI)\T.

7.1

Evcry

porsoii

who

i-itfcs

(U*

drives

fiu*ioirsly

;my

horse

01'

ci1sriilge

Every common prostitute or night walker loitering and

impor-

Evrry person who wilfully and indecently exposes his person

:

15very person who publicly offers

for

sale or distribution

or

exhibits to public view any profane indecent or obscene

hook

paper prict drawing painting

or

representation

or

sings any

profane or obscene song

or

ballad

or

uses any profane

or

obsceiie language

:

142.-(1)

Every hoarding

or

similar structure in

or

abutting

on or adjoining any street within the district shall be securely

(2)

It shall not be lawful to erect any such hoarding or siniilar

structure to be used either partly or wholly for advertising inrposes

to

a

greater height than twelve feet above the level of such street

without t,he consent

of

the Council and such coiisenc may be given

subject

to

such

conditions

as

to the submission

of

a

plan aiid

elevatioii and

as

to tlie rnaintenancr: of such hoarding or similar

structure as the Council may determine.

(3)

The owner or other person using any

such

hoarding wall

or similar structure

for

advertising purposes whether erected

before or after the passing of this Act shall at all tinies hereafter

keep and maintain the same

in

proper and safe repair and con-

dition and if any papers affixed for advertising purposes to such

hoarding wall

or

other structure fall away

or

become detached

sliall forthwith remove and clear away such

papers.

(4)

Any person who acts in coiitraveiitioii

of

this section

or

of the ternis and conditions (if any)

of'

such consent

siiall

be

liable to

a

penalty not exceeding five pounds and

to

a

daily

penalty not exceeding twenty shillings.

(6)

Any licence consent

or

conditio11 glven

or

made under this

section sliall be under the

hand

of

the

clerk or surveyor.

(6)

Any person aggrieved

by

the refusal

of

tlie Couucil to grant

such consent or by the conditions attached to such consent may

appeal

to

a court

of

summary jurisdiction after the expiration

of

two clear days after such refusal or after the giviiig

of

such

consent

(as

the case

may

be) provided he give twenty-four hours'

written notice

of

such appeal and

the

grounds thereof to the

clerk and the court shall have

power

to

ninke

such order

as

the

court inay thick

fit

and to

award

costs such costs to

be

recoverable

in like manner as

a

penalty under this Act.

A.11.

l!)~.

_-

or drives furious13 any cattle

:

tuning passengers for the purpose

of

prostitiition

:

Every person

who

wantonly discharges any firearm.

Provisioii

as

to

honrtling

and

other

dtractnres

erected and maintained.

used

for

adrrrtisiug

purpwes.

60

[2

Rnw.

7.1

P1~eff1r~1.p~

Iiuproueiwnt

Ll(*/;

1902.

LCh.

cliv.)

143.

Tt

shall not be laivfiil in any street in the district

R.D.

1902.

to use any vehicle cxcliisivcly or principally for the purpose

of

,le,t~iolL

displaying advertisements without the consent

of

the Council

OII

n(Lrtr-

which consent shall be in writing

imcl

may be for such time nnd

contain wch terms arid conditions

as

the

Council

t,hiiili

fit

Any

person aggrieved

I)y

tlie refud

of'

the Council to

grant,

such

conscnt

or

by

the terms and conditions imposer\ mil? appeal

to

a

court

of

summary juristliction lieltl for the district after

the

expiration

of

two clear days after the decision

of

the Council is

notitied to him provided he give twenty-four hours' notice

of'

such appeal and the grounds thereof to the clerk and tbc couvt

shall have power to make such order

as

to them imy seem

fit

arid

to

award costs such costs to be recoverable in like manner

as

a

penalty iinder this &4ct.

144.

Any poIice constable acting under the orders

of'

his

Power

60

superintendent

or

inspector and any nienibcr of the fire brigilde

YE';::

of the Council being on duty and any officer

of

tlie Coiuncil may

elltel

:111(~

enter and

if

necessary break into any building in the district being

''l'c:Lk

()l)en

or reasonably supposed

to

be

on

fire

or

any buildings or lands

fire.

adjoining or near thereto without the consent of the owner or

occupier thereof respectively and may

do

all such acts aiid things

as

he may deem necessary for extinguishing fire in any such

building

or

fur

protecting the same

or

rescuing any person or

property therein from fire.

145.-(1)

The

captain or superintendent of the fire brigade

Captain

of

the Council or othcr officer of such fire brigade for the tinie

fire

')rignc1e

being in charge of the engine

or

other apparatus

for

axtingnishing

officer

to

fires attending

at

any fire within the district shall

from

the tjiiic

~~~~p~~~-trol

of

his

arrival aiid during his presence tliereat have

the

sole

ti,,nh.

charge

and control

of

all operations for the putting out

of

such

iire whether

by

tile

Council or any other fire brigade includiiig the

fixing of the positions

of

fire engines

and

apparatus the attaching

of hose

to

any water pipes or water supply aiid the selection

of

che parts of tlie builtling on fire

ur

of

adjoining buildings against

which

GIie water

is

to

be

directed.

(2)

The oficer in charge

of

the police

at

any fire in the

district shall have power

tn

stop

or

regulate the traffic

in

ani

street wlienever in

his

opinion it

is

necessary

or

desirable to stop

or

regulate such traffic for the purpose of extinguislljng the fire

01'

for the safety

or

protection of life or property and any such

pursou

wlio wilfully disobeys any order given by swh officer in

pursuance

of

this section shall be liable to

a

penaltv

II'N

exceeding

five

pounds,

prriiiises

in

01

other

61

[Ch.

cliv.]

CZeAorps

Iqiro?>enient

Act:

1002.

12

Euw.

7.1

A.D.

1902.

146.

Any person or persons intending to organise or form

Roticeof

a

circus procession or procession of wild animals through the

procetsion

to

streets of the district shall give written notice thereof aiid the

route proposed

to

be taken and of the the at which

it

mill take

place to the chairman of the Council

by

leaving such notice at

the clerk’s office twenty-four hours at least (exclusive

of

SUK~C~IYS)

previous to

the

time fixed for such procession to pass through the

streets.

If

any such procession passes through any streets

of

the district

without such notice having heen previously given

or

otherwise than

in accordance with such notice the person or persons organising or

conducting such procession or any

or

either

of

them shall be liable

to

a penalty not exceediiig five pounds each.

-

be

given.

PART

XIII.

HACKNEY

CARRIAGES.

147,

Any person appointed by the Council in writing niay

examine all public vehicles plying for hire within the district

aiid shall see that the laws and byelaws relating to such public

vehicles are duly observed

If

any proprietor driver conductor or

other person shall obstruct or hinder such person

so

appointed

as

aforesaid in the execution of his duty such proprietor driver

conductor

or

person shall be liable to

a

penalty

not

exceeding

forty shillings.

148.

The provisions of the Town Police Clauses Acts

1847

and

1889

and the byelaws of the Council with respect

to

public

vehicles

shall be as fully titpplicabit: in ail respects to public

irehicles within the district conveying passengers to or from any

railway station within the district,

as

if such railway stntioii were

a

public stand for public vehicles and also to such carriages

ana

the drivers thereof within

a

distance

of

five miles from

the

district if the hiring takes place within the district Provided

that

it

shall not be obligatory on the drivers

of

licensed hacliney

carriages

to

contract to carry persons for hire beyond the district

Provided also that if the hiring takes place withirl the district

any

offence against any such byelaw whether such offence sl~all

have been cornmitted within the district or not may be brought

before and determined

by

any justice or justices of the peace

having jurisdiction in the district

:

Provided always that the proT4sions

of

this section shall not

apply to any vehicle belonging to or used by any railway company

for

the purpose

of

carrying passengers and their luggage to

or

from any

of

their railway stations or to the drivers

or

corlductors

Puwers of

inspector of

hackney

carriages.

As

to

public

vehicles

taken

at

railmay

station.

62

[2

Lnw.

f

]

Clcethotym

Iiti1)roi)ement

Act,

1902.

[Ch.

cliv.]

of such vehicles nor shall the Council have

or

exercise any

A.D.

1902.

Tiitliority or control over vehicles whilst on the premises of

any

railway company except with the consent

of

the railway company.

granted

by

the Council to

be

in force for such day or days or other

~~e~~~~t~~

period less than one year as may be specified in the licence.

_.

149.

An occasional licence for

a

public vehicle may be

Occasioiial

PART

XIV.

FINANCE.

of

any other borrowing power borrow

at

interest on the following

securities

snch

sums as shall be requisite for the following

purposes (that is to say)

:--

(A)

For

the purchase of the land for and

for

t,he constructioa

of the sea-wall and promenade

011

the security of the district

fund and general district rate the sum of twenty-one thousand

four

hundred pounds

;

(B)

For

the purchase of the land

for

and

for

the street widenings

on the like securiby the sum

of

nine hundred pounds

;

(c)

For

and in relation

to

the construction

of

the tramway by

this Act, authorised primarily on the security

of

the tramway

revenue and if they think fit in addition on the security of

the district fund and general district rate the

sum

of five

thousand pounds

;

(U>

For and in relation to tramway pmposes prharily on the

security of the tramway revenue and if they think fit in

addition on the security

of

the district) fund and general

district rate such sum

as

the Board

of

Trade may sanction

;

(E)

For

and in relation to the purchase of the lands belonging

to Sidney Sussex College Cainbridge and the laying out of the

same as recreation grounds

on

the security

of

the district fund

and general district rate the

sum

of one thousand pounds

;

(F)

For the purchase of the generating station and plant of

the Great Grimsby Street Tramways Company primarily

on

the security of the revenue

of

the electricity undertaking and

if they think

fit

in

addition on the security of the district

fund and general district rate such sum as may be requisite

;

(G)

For the purposes

of

their electricity undertaking primarily

on the security of the revenue of that undertaking and if

they think fit in addition on the security

of

the district fund

and general district rate such sum as the Local Governnient

Board map sanction

;

150.

The Council may from time to time independently

Power

to

Council

to

63

A.D.

1902.

Mode

of

raising

money.

Certain

replations

of

Pnblic

Health

Act

as

to

hlir-

rowing

not

to

apply.

Provisions

of

Public

Health

Act

a8

to

mort-

gages

to

"PPIY.

Periods

for

payment

off

of

money

borro5Teecl.

(H)

For

paying the

costs

of

this Act

as

herein-after defined

on

the security of the district fund and general district rate the

sum necessayy

for

the purpose

;

and with the sanction

of

the Local Government

Board

or

of

the

Board

of

Trade

as

the case

may

be

such

further

sums

as the

Council may require for any of the purposes

of

this ilct

01

for

any purposes

of

their tramway undertaking.

~

64

152.

The powers

of

borrowing money

by

this ,4ct given

shall not be restricted

by

any

of the regulations contained

iu

section

234

of the Public Ilealth

Act

1876

and in calculating the

amount which the Council

may

borrow under that Act any sums

whicli the Council niay borrow under this Act shall not

be

reckoned.

151.

The Council may raise

all

or any moneys which they

are authorised to borrow under this Act either hy mortgage

or

by issue

of

debentures

or

wiiiiuity certificates iiiider and

subject,

to

the provisions

of

the Local

1,oans

Act

1876

or

partiy in one

wa,y

and partly in another Provided that the provisions

of

this

Act with respect

to

the sinking fuiid to be provided for the repay-

ment

of

nioneys raised under this Act

shall

apply to any money

raised under the Local

Loails

Act

1875

in lieu

of

tlie provisions

of

section

I5

of

that Act.

153.

The following sections of the Public Health Act

1875

shall extend and apply mutatis mutandis to mortgages granted

under this Act (that is to say',

:-

Section

236

Form of mortgage.

Section

237

Register of mortgages.

Section

238

Transfer

of

mortgages.

Section

239

Receiver may be appointed in certain cases.

154.

The Council shall pay

of

all moneys borrowed

by

them under this Act within the respective periods (in this Act

referred to as

"

the prescribed periods

")

following (that

is

to

say)

:-

As

to

moneys borrowed for the purposes

(A)

and

I

B)

mentioned

in the section of this Act the inargiiial Oote whereof

is

"Power to Council to borrow

"

within sixty years from the

date or dates of the borrowing of the same

:

As

to nioneys borro1~7ed for tlie purpose

(c)

in the said section

mentioned forty years from the date

or

dates

uf

tlic borrowing

of

the

same

:

[2

EDW.

7.1

Cleethoiyes

Iniprovem/d

Act,

1902.

[Ch.

cliv.]

As

to moneys borrowed for the purpose

(E)

in the said section

A.D.

1902.

mentioned within fifty years from the data

or

dates

of

the

borrowing of the same

:

As

to moneys borrowed for the purpose

(F)

in the said section

mentioned within thirty years from the date

or

dates

of

the

borrowing of the

saiiie

:

As

to moneys borrowed for the purpose

(H)

in

the said section

mentioned within five years from the date

or

dates of the

borrowing of the same

:

As

to moneys borrowed with the approval of the Local Govern-

ment Board

or

of

the Board of Trade

as

the case may be

within such periods

as

they may respectively think

fit

to

sanction.

-

15

5.

The Council shall pay

off

all moneys borrowed by them

Mode

of

on mortgage under the powers of this Act either by equal yearly

or

half-yearly instalments of principal or of principal and interest

borrowed.

or

by means of

a

sinking fund

or

partly by such instalments and

partly by

a

sinlsing fund Providecl that it shall not

be

obligatory

to comn3ence such repayments by instalments

or

to set apart

or

appropriate any moneys to

or

for the purposes

of

a

sinking fund

in respect

of

moneys borrowed under paragraphs

(A)

(B)

(c)

(E)

and

(F)

of the section of this Act of which the marginal note

is

(‘Power to Council to borrow” until after the expiration of one

year from the clate of borrowing the same.

sinking fund any moneys borrowed under the authority of this

Act the following regulations shall be observed

:--

The Council in every year shall appropriate and set apart such

equal annual sums

as

will with the accumulations thereof by

way of compound interest

at

a

rate not exceeding three per

centum per annum with yearly rests be sufficient to pay

off

the whole

of

the said sums repayable by sinking fund within

the prescribed period

:

The rate of accumulations on which the amounts paid

to

the

sinking fund are based is herein-after referred to as

“the

prescribed rate

”

:

(A)

The yearly sums to be appropriated and set apart shall

be invested from time

to

rime

niicl accumulated in the

way

of

compound interest

l3y

investing the same and the

dividends interest and aniiual income thereof respectively

in

statutory securities the Council bcing at liberty

ircm

156.

If

the Council determine to pay

off

by means of

a

Regulations

Provided

as

follows (that

is

to say)

:--

E

65

[Ch.

cliv.]

Clecthorpes

1iy.oLwneiit

Act,

1902.

[2

EDW.

7.1

A.D.

1902.

time

tc

time

to

vary and transpose such investments

Provided that

if

in any year the income arising

from

the

iiivestineiits of the sinking fund does not equal the pre-

scribed rate of accumulation any deficiency shall be iliade

good

out

of

the rate and revenue from which the annual

payments to such fund are made and that

if

in any year

such income exceeds the prescribed rate

of

accumulation

any excess niay be applied in reduction of the annual

payments which would otherwise

be

required to

be

made

to such fund

:

(E)

The Council may

at

any time apply the whole or any

part of the sinking fund in or towards the repayment of

the moneys for the repayment whereof

the

sinbiiig fund

was

set aside in such order and manner

as

they deem proper

Provided that in such case they pay into such sinking

fund in each year afterwards and acciimulate as herein-

before prescribed unt(i1 the whole of the moneys to which

such sinking fund

is

applicable are discharged

a

sum

equal to the interest produced by the sinking fund or part

thereof

so

applied

at

the rate per centum per annum

on

which the annual payments to the sinking fund are based

Provided

also

that whenever and

so

long

as

the value

of

the securities standing to the credit

of

the sinking fund

taken

at

the market price

of

the day shall be equal to the

amount of the moneys then outstanding for the repayment

of which

it

was set aside the Council

may

in lieu of

investing the yearly income of such fund apply the same

in payment

of

interest on moneys in respect

of

which the

fund was set aside and mag during such periods discon-

tinue the paymeiit

to

the sinking fund

of

the yearly sums

required to be paid thereto.

--

Ild

il7il

157.-(1)

The clerk shall within twenty-one days after the

1

esp

rtrllp

thirty-first, day

of

March in each year

if

during the twelve moiiths

to

~~~~.,i

next preceding the said thirty-first day

of

March .any

SULU

is

&J~cY~~KX~~

required to

be

paid

as

an iiistalinent or annual payment or to

he appropriated

or

to be paid

to

a

sinking fund in pursuance

of the provisions of this Act

or

in respect

of

any money raiscd

thereunder

aid

at

any other time when the Local Government

Board may require such

a

return to be made transmit

to

thc

Local Goyernment Eoard

a

return in such form as may

hc

prescribed by that Board

and

if

required by that Eoard verified

by

statutory declaration

of

the clerk

if

so

required by thcna

biLil,iiiq

:niitl

BOr,ltl.

66

[2

EDW.

7.1

C'leetho~pes

1tq)roreiiie)it

Act,

1902.

[Ch.

cliv,]

showing for the year next preceding the making of such return or

AD.

1902.

for such other period

as

the Board may prescribe the amounts

which have been paid

as

instalments or annual payments and the

amounts wliich have beeii appropriated ancl the amounts which

have been paid

to

or

invested or applied

for

tlie

yurpose of the

sinking fund and the descriptio11 of

the

securities ~ipoii which any

iiivestmeiit

has

beeii rnatle ancl tlie purpose

to

wliich any portion

of the sinking fund or investmelit or of tlie sums accumulated by

way

of

compouiicl interest has beeii applied cluring tlie same period

niid

tlie total amount (if any) remaining invested

at

the end of

the

year and in the event of his failing to make such return the

clerk shall for each offence be liable

to

a

penalty not exceeding

twenty pounds to be recovered by actioii on behalf of the Cromii

in tlie High

Court

and iiotT~~itlistandiiig

tlie

recovery of such

peiialty the making of

thr:

return slid1

he

enforceable by writ

of

Mmclaiiius

to

be obtaiiiecl

hy

the Local Govoriinient Board

out

of

the High Court.

(2)

If

it

appears to the Local Government Board

by

that

return

or

otherwise that the Council have failed

to

pay

any

instal-

ment

or

aunual payment required to be

picl

or to appropriate

aiiy

sum

required to

be

appropriated or

to

set apart my

sum

required for any sinking fund (whether

such

instalment

or

aiiiiual

payiiieiit or

sum

is

required by this Act

or

by

the Local Gover:i-

iiient .goarc1 in virtue thereof to be paid appropriated or set apart)

or

hare

applied any portion of any sinking fund to any purposes

other

thaii

those authorised Ihe Local Goveriinieiit Coard may

by

order direct that the sum in

such

order nieiitioiied not exceeding

double thc amount in respect

of

which default sltall have been

macle shrtll be paid

or

applied

as

in such order inentioned and

any

such

order shall be enforceable

by

writ

of

Mandamus

to

be

obtained bv

the

Local Goveriimclit Board

out

of

tlie

High

Conrb.

-

9

58.

If

the Council

pay

0%

any

part of aiiy money borrowed

PO),

er

IO

1~~7

thein under the powers of tliis Act otherwise thaii by means

re-Lorrow.

of

instalments or appropriations

or

annual repayments or

a

sjiilting funcl or out of the proceeds of the sale exchange or

dis-

position

of

laiicls or out

of

fines

or

premiums

on

leases

or

other

inoneys

received

011

capital account not being borrowed moneys

thcy

inay

froiii

time

to

time

re-borrow

tlie smile but all iiionevs

En

reborrowed

shall be repaid witliiii the period prescribed for the

repayment

of

the moneys in lien of wliich

such

re-borrowiiig

shali

have been made and any amounts from

thio

to

time re-borrowed

shall

he

deeinecl to form tlie

san:~

loan

as

the moneys in lieu of

E2

67

[Ch.

cliv.]

Cleethoqm

I~npol.ovement

Act,

1902.

[2

EDW.

7.1

A.D.

1902.

which such re-borrowing shall have been made and the obligations

of

the Council with respect to the repayment of such moneys shall

iiot be in

any

way

affected by such re-borrowing.

159.

The (:ouncil shall not be bound to

see

to the execution

of

any trust whether expressed

or

iniplied

or

coiistructive to

which any loan or security for loan given by them may be subject

but

the receipt

of

the person in whose name any

loan

or security

for

loan stands in the register

or

books of the Council shall

from

time to time be

a

sufficient discharge to the Council in respect

thereof notwithstanding any trusts to which such loan

or

security

may be subject and whether or not the Council have had express

or

implied notice of any such trust

or

of aiiy charge or iiicum-

brance upon or transfer

of

such loan

or

security or any part

thereof

or

interest thereon not entered in their register or

books

and the Council shall not be bound to see

to

the applic

a

t' ion

of

the money paid

011

ally such receipt

or

be answerable or

accountable

for

any

loss

misapplication

or

non-application of aiiy

such money.

160.

A

person lending nioney to the Council uiider this Act

shall not be bound to inquire as to the observance

by

them

of

any

df

the provisions

of

this Act or be bound to see to the application

or

be answerable for any loss misapplication

or

non-application

of

the money lent

or

of

any part thereof.

Saving

for

161.

Nothing in this Act shall prejudicially affect

any

charge

011

the revenue and rates

or

the estates and property

of

existing

charges.

the Couucil subskting at the passing

of

this Act and every

mortgagee

or

person

for

the time being entitled to the benefit,

of

any such charge shall have the same priority

of

charge and all

tho like rights

and

remedies

in

respect

of

the revenue rate and

property subject

to

his charge as

if

this Act hac1 not passed and

all

such charges created before tlie passing

of

this Act shall

dijring the subsistence thereof have priority over any mortgage

or

churge granted under this Act on the same revenue rate

tllld

]mpr

ty.

162.

All moneys borrowed

by

the Coriiicil

uiicler

the

powers

hollowcd

of

this

Act

shall

be

applied

only

to the purposes

for

which they

ilrelv niitliorised

to

be borrowed and to which capital is

properiy applicable.

$63.

Seration

58

of

the Local Goveriiment Act

18'34

shall

apply to tlie accounts

of

the Council and their conrnlittees

ancl

officers under this Act ancl

to

the audit

of

such

accounts.

-

Council not

to

regard

tr

11

t

P.

Protection

Of

lender

inquiry.

from

A;qilic:r

t

io:i

Audit

cJF

account*.

ti8

p2

EDW.

7.1

Cleethorpes

Jnzprovenzent

Act,

1902.

[Ch.

cliv.]

164.

The couiicil shall apldy all money from time to time

AD.

1902.

received by them iii respect of their tramway undertaking except

AppGtin,,

money borrowed aiid money derived from the sale of surplus

of

trammy

laiids

or

other moneys received on capital account

as

follows (that

is

to

say)

:-

In maintaining the tramway aiid any tramways owned

leased or worked by the Council and

in

maintaining

so

much

of the road on which the tramway is laid

as

is required to

be maintained ancl kept in good repair and condition by the

promoters of tramways

by

section

28

of the Tramways Act

Secondly In payment of

all

working and other

exposes

properly chargeable to revenue

;

Thirdly In payment of the iiiterest

011

the moiiej-s borrowed

by the Council under this Act for the purpose of their

tramway undertaking

;

In providing the requisite instalments appropriatioiis

aiiiiual repayments or siiikiiig

fund

in respect of moneys

borrowed by the Council for the purposes

of

their tramway

undertaking under this Act

;

In providing

a

reserve fund or renewal fuiicl

if

they

think

fit

by setting aside such money

as

they from time to

time think reasonable and investing the same and the resulting

income thereof iii statutory securities and accumulating the

same

at

compound iiiterest until the fund

so

formed amounts

to one thousand pounds which fund shall be applicable from

t5me to time to answer any deficiency

at

any time happening

in the iiicome

of

the Council from their tramway undertaking

or to meet any extraordinary claim or demand

at

any time

arising against the Couiicil in respect of that undertaking and

so that

if

that fund

is

at

any time reduced

it

may thereafter

be again restored to the sum of oiie thousand pounds and

so

from time to time

as

often as such reduction happens

:

Aiid

the Council shall carry to the district fuiid aiiy balance

remaining' in any year after retaining or setting aside such

a

sum

as

may in the opiiiioii

of

the Council be required for carrying

on their tramway undertaking aiid paying the current expenses

connected therewith and shall also carry to the district fund

the annual proceeds of the reserve fund when such fund amounts

to one thousand pounds.

First

1870

;

Fourthly

Fifthlj-

165.

Any deficiency in the revenue or receipts of

the

AS

to

de-

Council on account of their tramway undertaking or their

'icie!lcJ

in

$ceipts.

E3

69

[Ch.

cliv.]

Cleetlrwp:

Irt~procen~ei~f

Act,

1902.

[2

EDW.

7.1

A.D,

1902.

electricity undertaking shall he mado

good

out of the district

fund and the nest general district rate to be made by the Council

shall he increased

so

far

as

may

be necessary to recoup to the

district fund the amount

so

macle good out of that fuiid.

Separate

ac-

166.

The

Council shall Beep the accounts in respect of their

counts

kept

as

to

IO

tramway undertaking and their electricity undertaking separate

tramqra~s

a11(1

from each other and all their other accounts distinguishing therein

nndertalrings

capital from revenue.

Expenses

of

167.

All expenses incurred by the Council in carrying into

c~cutionof

execution the provisions

of

this Act (except such

as

are to be

Act.

paid out

of

borrowed money or are otherwise provided

for)

shall

be paid out

of

the district funcl and general district rate.

-

electricity

PART

XV.

LEGAL

PROCEEDINGS.

168.

All the provisions with respect to byelaws contained

in sections

182

to

186

of

the Public Health Act

1875

(except-

so

much thereof as relates to byelaws made by

a

rural sanitary

authority) shall apply to all byelaws from time to time made

by

the Council under the powers of this Act Provided that’

the Secretary

of

State shall be the confirming authority for

byelaws made under the sections of this Act the marginal notes

whereof are “Byelaws as to promenade” and

‘‘

Byelaws

as

to

seashore” and the byelaws made under the section of this Act

the marginal note whereof is

‘‘

Byelaws

as

to seashore

”

shall be

communicated by the Coiincil

to

the Commissioners

at

least

fourteen days before the same are submitted to the Secretary

of State and the Secretary of State shall consider any objection

of the Commissioners before confirming the same Provided that

no byelaw affecting the foreshore below high-water mark shall

be

so

confirmed without the concurreiice

of

the Commissioners

of

Woods

and the Board

of

Trade.

169.

All informations under or for breach of any of the

provisions of this Act or the Public Health Acts or the byelaws

of the Council may be laid by any officer of the Council duly

authorised in that behalf

or

by the clerk.

110.

In the case

of

any notice or demaiid under this Act

requiring authentication by the Council the signature of the clerk

GF

other duly authorised officer of the Council shall be sufficient

authentication Notices orders and other documents required or

authorised to be served under this Act may be served in the same

a0

Gener:d

provigiocs

as

tc

bye.

12WP.

Informations

Inay

be

laid

by duiy

authoriscd

officer.

Autheuticn-

tion

:ervice

of’

jiotices.

[2

EDW.

7.1

Clec~thorps

Iiirpouem~zi

Act:

-1901.

[Ch.

cliv.]

manner as notices under tlie Public Health Act

1875

are by

AD.

1932.

section

267

of that Act authorised to

be

served Provided

always that in the case of any company aiiy such notice order or

documznt8 shall be delivered or sent by post

acldressed

to the

secretary or clerk

of

tlie Conipmy

at

their principaL1 office or

place

of business.

de

termination or requirement or tlie withholding

of

any

certificate

liceiice or consent or approval of or by the Council or of

any

officer or valuer of tlie Council or by the conviction or order

made

by

a

court

of

summary jurisJiction under aiiy provision

of

this Act may appeal to the next practicable court

of

quarter

sessions under and according to the provisions of the Sunimary

Jiirisd iction Acts.

offences against this Act and pendties forfeitures costs and

expenses imposed or recoverable under this Act

or

any byehw

made in pursuance thereof may be prosecuted and recovered in

a

summary inanner Provided that costs or expenses except such

as

are

recoverable along with

a

penalty shall not be recovered as

penalties but may be recovered summarily

as

civil debts.

of the Council on their behalf under this Act or aiiy byelaw

treasurer.

P~~~

to

thereunder shall be paid to the treasurer to the Couiicil and

carried

by

him to the credit of the district fund.

114.

Nothing in this Act shall protect any person from

Savilig

as

to

being proceeded against by way of indictment in respect of any

iudictmer’te*

matter

by

this Act made punishable on summary proceedings or

shall relieve any person in respect

of

any such matter from any

penal or other consequence to which he would have been liable

if

such matter had not been made punishable by this Act Provided

that no person shall be punished twice for the same offence.

disqualified from acting in the execution

of

this Act by reason of

$)E!&,,j-

his being liable

to

any rate or by reason of his being

a

member of

payiileut

of

the Council.

-

11

1.

Any person deeming himself aggrievecl by aiiy

order

As

io

:Lpped.

19

2.

Save

as

otherwise by this Act expressly provided all

Liei.orer: or

pc:”~~ltiee.

17’3.

All penalties recovered by the Council or any officer

l’crinitici

to

1‘95.

A

judge of any court or

a

justice shall not be

Judge

EO^

I

atea.

by

der

176.

All powers rights and remedies given to the Council

l’omrs

of

,\ct

to

he

this Act shall be deemed

to

be

in addition to and not in

cuml,latile.

bogation of any other powers rights and remedies conferred on

them or on any committee appointed by them under the Public

Health Acts and the Council or such coniinittee

2,s

the

case

inay

E4

76

[Ch.

cliv.]

Claethorpes

Inzprorei~ient

Act,

1902.

L2

EDW.

7.J

A.D.

1902.

be may exercise such other power and be entitled to such other

rights and remedies

as

if

this Act had not passed Provided that

no person shall incur more than one penalty (other than

a

daily

penalty)

for

the commission

of

the saine offence.

-

PART

XVI.

MISCELLANEOUS.

17

7.

Notwithstanding anything in the Lands Clauses Acts

or

in any other Act or Acts to the contrary the Council may retain

hold and use for such time

as

they may think

fit

and may sell lease

exchange or otherwise dispose

of

in such manner and for such

consideration and purpose and on such terms and conditions

as

they may think

fit

and in case

of

sale either in consideration

of

the execution of works or of the payment

of

a

gross sum or

of

an annual rent or

of

any

payment in

any

other form any lands

acquired by them under this Act

or

any interest therein and may

sell exchange

or'

dispose of

any

rents reserved on the sale exchange

lease

or

disposition of such lands and rnay make do and execute

any deed act or thing proper for effectuating any such sale lease

exchange or obher disposition and on any exchange may give

or

take any money for equality of exchange.

178.

So

long

as

any lands remain to be acqiiired by the

Council under the authority of this Act they may

so

far

as

they

consider necessary apply any capital moneys received by them

on

re-sale or exchange or by way of fine or premium on the grant

or renewal

of

leases

as

aforesaid in the purchase of lands so

remaining to be acquired but

as

to any capital moneys

so

received

and not

so

applied the Council shall apply the same in or towards

the extinguishment

of

any loan raised by them under the powers

of this Act and such application shall be in addition to and not

in substitution for any other mode of extinguishment

-

by this

Act

provided except

to

such extent and upon such terms

as

may be

approved by the Local Government, Board Provided

that

the

amount to be applied in the purchase of land under this section

shall not exceed the amount for the time being unexhausted

of

the borrowing powers conferred by this Act for the acquisition

of

sirch lands Provided further that the borrowing powers by this

Act

authorised for the acquisition

of

such lands shall be reduced

LO

the extent of the amount applied in the purchase

of

lands under

t.he provisions of this section.

Collectisu

179.-(1)

Upon the pereon now holding

the

office

of

Of

collector

of

the poor rates for the parish of Cleethorpe ceasing

Power

to

dic.

lands.

Proceeds

of

PlllS

lands.

sale

of

sur-

72

[2

EDW.

7.1

Cleethorpes

Iniprovenient

Act,

1902.

[Ch.

cliv.]

to hold that office the power

of

the guardians

of

the poor

of

the

A.D.

1904”.

Grimsby Union to appoint collectors

of

the poor rate for the

parish

of

Cleetliorpe shall cease.

(2)

Nothing in the preceding subsection shall empower the

Council to revoke the appointment or shall apply to the duties

or

aKect the salary of any person now holding office

as

assistant

overseer or collector

of

poor rates

of

or for any part of the district

and any assistant overseer or collector of poor rates shall continue

during his life or until he shall resign to collect the rates and to

hold his office upon the same terms

as

at

present.

(3)

Any assistant overseer or collector

of

poor rates who shall

be

in office

at

the passing

of

this Act and who shall resign

his office in consequence of the provisions of this section

of

this

Act shall be deemed to be an officer entitled to compensation

withiii the meaning of section 120 (Compensation to existing

officers)

of

the Local Government Act

1888

and that section

shall apply accordingly Provided that in the application of

that

section the Local Government Board shall be substituted for

the Treasury and the Couiicil shall be deemed to be the county

council and that the non-acceptance of any office offered shall

not be

a

bar to the right

of

any assistant overseer or collector

of poor rates to compensation

:

Provided that

if

compensation

is

awarded under this section to

any assistant overseer or collector of poor rates such assistant

overseer. or collector

of

poor rates sliall not be deemed to have

become entitled to

a

superannuation allowance under section

2

of

the Poor Law Officers’ Superannuation Act

1896.

(4)

Any compensation payable by the Council under this section

shall be paid out

of

the district fund.

(5)

The Local Government Board may prescribe

a

form

Gf

rate to include the poor rate general district rate or other rates

leviable by the Council or the overseers and they may in respect

of

such rates prescribe

a

form

of

demand note receipt and other

necessary documents and any form

so

prescribed shall be sufficieut,

in law.

-

1130.

The Council may

if

they think

fit

grant

a

gratuity

of

rower

to

any sum (ndt exceeding one year’s pay) to any of their officers or

servants who may be disabled or injured in their service or to the

(,liicera

ancl

widow or family of any such officer or servant who may die in

ccr\nuti.

their service or may

at

their discretion contribute any

sum

(not

exceeding

as

aforesaid) to any charity or institution which may

have undertaken the maintenance or relief

of

any

such

officer or

73

[Ch.

cliv.

J

C'leethorpcs

~mp~~~ement

Act,

1902.

[2

EDW.

7.1

Every such gratuity or contribution shall be charged

on

and paid out of the fund

or

funds on which the salary wages

or

emoiumeiits of such officer or servant would have been charged

or pnid

if

lie had continuecl in his office

or

service.

Consent

of

181.

All consents of ancl permission by the Council under

Council

to

this Act shall be given in writing and unless otherwise prescribed

writiug.

by the Council shall be given uiicler the hand of the clerk.

In executing

182.

Whenever the Council under any enactnieiit

or

bye-

works

for

law

for

the time being in force within the district execute

owner

Council

not

re-execute

or

alter any work act

or

thing in default of the owner

liable

for

or

occupier and in the absence

of

negligence or misconduct on

the

part

of

the Couiicil or of any contractor

or

person employed

damage.

by them are required to pay damages penalties costs charges or

expenses for

or

in respect of

or

consequent upon the executing

re-executing or altering such work act or thing the amount

thereof when paid shall be added

to

and be deemed to be part

of

the expenses payable by such owner or occupier.

Fower

to

183.-(1)

The Local Governnieiit Board may direct

any

Local

inquiries to be held by their inspectors which they may deem

~~~~d

to

necessary for giving effect to any of the provisions

of

this Act

direct

in-

and the inspectors

of

the Local Government Board shall

for

the

purposes

of

any such inquiry have all such powers

as

they have

for

the purposes of inquiries directed by that Board under the

Public Health Act

1875.

(2)

The Council shall pay to the Local Government Board any

expenses incurred by that Board in relation to any inqniries

under this section including the expenses of

any

witnesses

summoned by the inspector holding the inquiry and

a

sum

to be

fixed by that Board not exceeding three guineas

a

day

for

the

services

of

such inspector.

Conipeusa-

184.

When any compensation damages expenses costs

or

tionllowto

charges

is

or are directed to be paid under this Act and the

method for determining the amount thereof

is

not otherwise

provided

for

such amount shall in case of dispute be ascertained

in manner provided by the Public Health Acts.

185.

Except where otherwise expressed to the contrary any

notice to

or

demand on the Council under this Act; may be served

on

the Council by being delivered to the clerk

or

by beiiig sent

through the post in

a

prepaid letter addressed to the clerk.

Power

lo

186.

The Council may appoint officers

for

securing the

A.D.

1902.

servant

__

be

in

Gover iinieiit

quiries.

he

tleter-

mined.

Service

of

Council.

On

observance

of

Parts

VI.

and

VII.

of

this Act and

of

the byelaws

74

officers.

[2

EDW.

7.1

Cleethorpes

hpi~over~i~'r~t

Act,

1902.

[Ch.

cliv.]

and regulations macle thereunder and inay procure such officers to

A.D.

1902.

be sworn in as constables for that purpose but any such officer

~

shall not act

as

a constable unless in uniform or provided with

a

warrant.

and incidental to the preparing applying for

arid

obtaining and

passing

of

this Act including the costs charges and expenses

preliminary

to

and connected with the obtaining

of

tlie resolution

of

owners and ratepayers aforesaid shall be taxed by the taxing

officer of the House

of

Lords

or

the House

of

Commons and shall

be

paid

by

the

Council out

of

the district fund and general district

rate

or

out

or

iiioneys

borrowed for the purpose under this

Act.

187.

The costs charges and expenses preliniinary to and

of

Costsof

Act.

Parish

.

Nos.

on

deposited

Plan.

The

SCHEDULES

referred

to

in

the

foregoing

Act.

Description

of

Property.

.

FIRST

SCHEDULE.

73a

75A

PROPERTIES

OF

WHICH

PARTS

ONLY

MAY

BE

TAKEN.

Cleethorpe

- -

''

Dolphin

"

Hotel.

Cleetliorpe

-

Gardeus.

I

~~

75

A.D.

1902.

-

5

to

72 inclusive

-

[Ch.

cliv.]

Ckeethorpes

Inzprouement

Act,

1902.

[2

EDW.

7.)

SECOND

SCHEDULE.

The lands and houses lying within the improvement area

slioivn on tlic deposited plans

ad

abutting upou Sea

Bank Road and extending

on

the north-west,

from

an

imaginary line drawn froin Sea 13auk

Road

along the

centre

of

Brighton Street to the fence known as Mace's

Boards opposite the terminatiou

of

Work No.

1

on

the

sontli-east and which lands and houses are now knomu

as

Numbers

1

to

211

26

to

42

46

47

and

48 52

to 57

71 to

82

87

and

89

all numbers iiiclusive in Sea Bauk

Road

and

the

vacaut

hnd lying between Numbers 42

and

46

48

and

52

57

and

71

and 82 and

87

Sea

Bank

Road aforesaid.

FIRST

PART.

Nos.

on

deposited Plans.

Description

of

Lands

on which Improvement Charge

not

exceeding

Two

Shillings and Sixpence in the

&

on the fill1 Rateable Value

ascertained

by

the Taluation List

for

the time being in force

is imposcd.

I

.~.

I

Nos.

on deposited Plans

(all Numbers inclusive).

73

to

76

76B

77 to

103

105

to

129 143 to

198.

SECOND

PART.

Description

of

Lands on which Improvement Charge

not.

exceeding

Two

Shillings

aid

Sixpence

in

the

Y

on

two

fifths

of

the

?ill

Rateable Value ascertained by the T'aluation List

for

the time

being in force

is

imposed.

--

The

lands

and

houses lying within the improvemeut area

shown on

the

deposited plans of which lands the norh

western

and

south-western boundaries are coincident

with the uorth-western arid south-western boundaries of

the said improvement area tte south-eastern boundary

is coincident with

an

imnginary line

diawn

from

a

point

on the south-western boundary

of

the said improvement

area,

620

feet

or

thereabouts froa the extreme south-

eastern corner of the said improvement area along the

esistiug fonce for

a

distance of 442 feet

or

thereabouts

and the north-eastern bonudary

is

coincident with the

south-western boundaries

of

the lands and houses

abutting upon

SED

Rank

Road

and

described in the

First Part of this Schedule.

76

[2

EDW,

7.1

Cleethoyes

Improvement

Act,

1902.

[Ch.

c1iv.J

Nos*

SECOND

SCHEDULE-continued.

Description

of

Lands

on

which

Improvement Charge not

exceeding

Two

Shillings and

Sixpeiice

in

the

&

on one

fifth

of

the

full

Rateable T’alue ascertained by

the

Valuation List for

the time

being in

force

is

imposed.

THIRD

PART

199

and

200

-

‘rile

lands

lying within tlie

impro\

ement area sliown on

the deposited plans of wliicti lauds the south-western

south-eastern and north-eastern bounclaries :ire co-

incident with the south-western south-eastern

and

north-eastern boundaries

of

the said improvement area

and

the

north-western boundary is coiucident with an

imaginary line drawn from

a

point

on

the south-western

boundary of the said improvement area

620

feet or

thwenbonts from tlie extreme south-eastern coruer

of

tho

said improvemeut

area

along the existing feuce to

a

point in

SC:L

Bauk

Road

opposite the terininatiou

of

IVork

KO.

1

and

known

as

“Mace’s

Roards.”

THIS

AGREEMENT

made tlie ninth day

of

April one thousaiid nine

hundred aiid

two

between

THE

MASTER

FELLOWS

and

SCHOLARS

of

the

COLLEGE

of

the

LADY

FRANCES

SIDNEY

SUSSEX

in the University

of

Cambridge (hereinafter called

“

the

College

”)

of

the oiie part

and

THE URBAN

DISTRICT

COUNCIL

of

CLEETHORPES-WITH-THEUKSCOE

in the county

of

Liiicolii

of

the other part.

WHEEEAS

Bill

has

been introduced into Parliament entitled

‘‘

A

Nil!

to

authorise thc Urban District Council

of‘

Cleethorpes-with-Tlirunseoe

in

the county of Lincoln to construct

a

sea

wall

and

other

works

to construc~

nnd

3yorli

tiamways

to

purchase certain

lands

for the purpose‘

2€

recreation

groiinds and to make further provision

in

regard to the suupplp

of

electricity

aIld

for the improvement hcaltli

local

goveinnieiit

and finance

of

tke

district

xitl

for

uhr

purposes

”

The shcrt title

of

the said Bill being “The

Clcethorpes lmprovement

Bct

190%

’’

:

77

A.D.

1902.

[Ch.

cliv.]

Cleetfiolpes

Iniproveii~erit

Act,

1902.

L2

EDW.

7.1

A

D.

1902.

And whereas

by

section

5

of

the said

Bill

the said Urban District Council

of

Cleethorpes-\\-ith-Thrullscoe

(herein-after and in the

said

Bill

called

“

the

Council

”)

are applying

to

Parliament

for

power to make and maintain amongst

other

worlrs

the following work iinniely

:-

-

TZ’ork

No.

1-

‘(

A

sea ivsll and eiribanliment with slips promenade and carriageway to be

called

‘

The King’s Parade

’

one

thousand nine hundred

and

seventy-

eight feet

in

length commeiicing at

or

near to the southern

mil

of

the

Great Central Railway

Company’s

Promenade and terminating at

a

point thirty feet

to

the soiith

of

the southern termination of

a

fence

known

as

Ilace’s

Boards

”

(which work

is

herein-after referred

to

as

“Work

WO.

1”)

:

And by section

13

it is declared that the promenade when completed sliall

bc

a

public highway and shall be repairable maintained lighted and kept

in

order

in the

same

way

as

the

highways

in

the

district repairable by

ihc

inhabitants at

large

:

And whereas it is recited in the said

Bill

that the estimgted coat of the

said Work

No.

1

is

tn

enty-one thousand four hundred

pounds

:

And whereas by section

61

of the said Bill

it

is proposed that the

College

should

bc

empowered to sell

and

the Council to buy upon such terms

and

subject

tu

such conditions as may be agreed upon between

the

Council

and the College ccrtain lands belonging to the College in immediate proximity

to

the said promenade which

is

to

form Work

No.

1

which lands contain

thirty-one acres and

two

roods

or

thereabouts be the

fiame

more or less aiicl

are delineated and coloured pink on the plan hereto annexed Togetlici.

with all the estate ancl interest

of

the College

in

fire

acres

of

foreshore

(bc

the same more or less)

as showii

in

the

said

plan

and also coloured pink

:

Now

it

is

liereby agreed

and

declared by and between the College

ancl

the

Council

as

follows

:-

1.

This agreement

is

provisional

upon

the said

Bill

being passed into

law.

2.

When znd

so

soon

as

the contract

for

Work

No.

1

shall have been

executed under the common

seal

of

the Council the College mill sell and

the Council will purchase uuder the powers of the Bill

the

said piece

of

land at Cleethorpes herein-before described containing thirty-one acres

two roods or thereabouts be the same more

or

less Together with

all the estate and interest

oP

the College in the

five

acres

of

foreshore

(be

the same more

or

less)

herein-before described which piece of land

is

herein-after referred to

as

“

the Golf Links.”

3.

The purchase money shall be five hundred pounds.

di.

The purchase shall be completed immediately after the said contract has

been executed by the said Council and

if

from any cause whatr,oe\er

the purchase money shall nnt be paid on the date

fixed

for

completion

then the Council shall pay to the College interest

at

the

rate

of four per

centum per annum from the date jked for completioii until

the

actual

payment

of

the money.

5,

The title

of

the College

is

shown

by

the Clee Inclosure

A\,ard

and

dial1 be accepted by the Couiicil without investigation.

78

r2

EDW.

7.1

Cleetliorpes

Improzwnent

Act,

1902.

[Ch.

e1iv.J

6.

Tllc sale

is

made by the College subject

to

the foilowing restric-

A.D,

1902.

-

tions

:-

(A)

The Golf Liiikq are sold as

a

public recreation ground and shall

be secured

as

an open space for ever and no buildings shall ever be

erected on any part thereof except that the Council shall be at

liberty to erect

on

such sites

and

in such positions

as

shall have

hen previously aplmived

of

by the College certain buildings

of

a

charactcr snit:ible to

:a

recreation ground or public gardens which

buildings shall in

no

case be more than One storey in height

:

(

13)

The College and the lessees and teiiants

of

the Collegc shall

st

all

times hare free access for foot passengers only to tlie Golf Links

and thereover

to

the seashore from the property of the College

in the hamlet

of

Thrunscoe lying to the west

of

the said ground

(which property contains two hundred and forty-two acres

two

roods

and

seventeen perches and

is

herein-after referred to as “The

Thrunscue Estate

of

the College

”)

at points in the western boundary

of

the Golf Links to be selected by the College and not to exceed

eight in number but it is hereby declared that this provision shall

be subject

to

the

clause

of

the said Bill the marginal note whereof

is

((

Setting apart and closing pleasure grounds for games

”

and

it

shall be lawful

for

the Council

from

time to time to close the Golf

Links for not more than twelve

clays

in any one year or for more

than four consecutive days

at

any one time and to use

or

let the

same

upor1

such terms and conditions

as

the Council shall think

fit

for the purpose

of

a

horticultural

show

or for any other similar

purpose which

shall

not tend to be

a

nuisance annoyance

or

disturbance

io

the lessees or tenants

of

the College in the neighbourhood.

7.

The sale

is

made by the College subject also to the folloning covenants

(-4)

The Council shall make and for ever hereafter maintain such sea

walls

or

other works

as

may be necessary to protect the Golf Links

from damage

cr

enzroachment by tlie sea

:

(B)

It

being the intention of’the Collegc to construct on the Tlirunscoe

Estate

of

the College

n

roadway running partly along the western

boundary and partly across

the

north-western corner of the Golf

Links t!mt

is

to

say

between the points

D

and

B

on the said plan

Tllc Council shall on being thereunto requested by the College

such request to he under the linnd

of

the

bursar for ihe time being

make and for ever after maintain

a

fence along that boundary to

separate such roadway

from

tlic Gulf Links Such fence shall

be

of

a

height and character to be 1)revribe.j

by

the Collrge and shall

be proridcd with such

gateways

for the use

of

the College and the

lessers and tenants

of

the

Collese

as

shall be necessary to give

effect

io

thc provision contained in Clause

S

(B)

hereof which gate-

ways

shall be

of

the width of five feet at

ihe

least and the Council

shall in the nieanmhilc maintain the existing fence in good

a:id

Rufficient repair

:

c)

The Councii shall permit

such

road

D

13

so

to be made

by

the

College

to

be joined on

to

the termination

01’

the

Kiqg’s I’,xrade

on the part of the College and Council respectively

:-

79

[Ch.

cliv.]

Cleethorps

Iniproaement

Act,

1902.

[2

EDW.

7.1

defined in

m'ofk

Xo.

1

at

the point marked

B

on the plan

so

as

to

form oae continuous

road

from

D

B

:iorthrnnrd~ and notwithstanding

the fact that the Council will be (nnlees this agreement is rendered

null and void under the proviso herein-after contained) the owners

of the Golf Links the Council shnll not become liable

fur

any

contribution to the cost of the roadway

D

13

if and when the same

shall be made and the College shall indemnify the Council in respect

thereof

:

(

D)

When the road

D

13

eliall be made

by

the College the College

shall permit the Council to take possession

of

the triangular piece

of ground coloured purple and marked

X

on

the plan and the

Council shall thereupon proceed to add the sawe either to the

footpath indicated by the colour yellow on the said plan or to the

roadway on the east and will adopt for whichever purpose may

he decided upon the specifications applicable thereto for the time

being in force in the Council The Council shall

in

the mcanwhile

construct a suitable fence across the north-western end of the site

of

the road

D

B

and of the said piece of ground coloured purple

and will maintain the same to the satisfaction of the College until

such road shall be made

:

(E)

Pending the construction

by

the College of the proposed

road

D

B

the College shall permit the Council to use

a

strip of ground

four feet

in

width between the points

D

and

13

on the said plan on

the west side of the fence

of

the Golf Links and the Council shall

fence such strip throughout its length with

a

post

and wire fence

except that

a

gateway

for

carts and waggons shall be provided

at

the point

TV

but neither the College nor the Council shall be bound

hereby to form such strip into gravelled

or

metalled footpath

:

(F)

The Council shall also form and construct

a

public road

of

sufficient

width to run from the northern end of the Golf Links in an easterly

direction to the foreshore that

is

tn

sap from the point

B

to the

point

A

on the plan and will

for

ever maintain such

road

in good

repair

:

(a)

The Council agree to provide for the use of the Thrunscoe Estate

of the College but at the expense

of

the Council sufficient outfall

drainage to the foreshore as and when such drainage is required

for

or by reason of the development of the said estate as

a

building

estate.

8.

Covenants giving effect

to

the provisions contained iu these presents

shall be inserted in the conveyance to be executed in pursuance of this

agreement and a duplicai"

of

such Conveyance shall be executed by the

Council and handed to the vendors upon completion.

9.

The sale is made subject to

a

lease

of

part

of

the land to the Lords

of'

the Admiralty for the term

of

twenty years from

the

twenty-ninth day

of

September one thoirsand eight hundred and ninety and of the right

of

may and covenants

and

conditions contained in suzh lease the terms

of

dich the Council shall be deemed to have had notice The sale is made

subject also

to

other rights of way and water casements and obligations

affecting the said ground.

A.D.

1902.

__

SO

[

2

EDW.

7.1

Cleetlwpes

lrnprovenierit

Act

1902.

[Ch.

cliv.]

10.

If

completion

of

Work

No.

1

shall not be certified to the College

A.D.

1~2.

by the clerk for the time being to the Council withill seven years from

the date

of

this agreement then the pnrchase money

of

five hundretl

pounds shall

be

repaid

to

the Council or

as

the Council

shall

direct

and the Golf Links re-conveyed to the College at the expense of the

Council

armcl

in all other respects this aqreement shall become mill

and

void.

11. The costs and expenses of the College according to Schednle

2

of

the General Order issued under the Solicitors Remuneration Act 1881

whether incurred preparatory to

or

in effectuating this agreement

together with the fees

of

the College snrveyor which are agreed at

twenty-eight pounds seven shillings shall be borne and paid by the

Council.

In

witness whereof the Council and the College have hereunto set

their respective seals the

day

and

year first above written.

Firfit part executed thus

:-

Signed by Cliarles Smith Esquire

M.

A.

Master

of

Sidney

Sussex

College for

and

on

behalf

of

the College in the

presence

of

CHARLES

Sl*TTIr.

,

Scnl

01

\

I

Sidney Sn-scu

'

Colirge

\

r?ni\iril2e.

/'

\

-'

1

F'KANK

K.

PEILE

Clerk

to

Messi-~ Francis

Francis

k

Collin

Solicitors

C'nnrhritlge.

Counterpart executed thus

:-

Printed

by

EYRE

and

SPOTTI~WOODE,

T.

DIQBY

PIGOTT,

Esq.,

C.H.,

the

Xing's

Printer of

Act?

of

Pnrlianrelrt.

FOR

And

to

be

pnrchased,

either directly

or

through

any

Bookseller,

front

EYRE

AND SPOTTISWOOBE,

EAST HARDING

STREET,

FLEET

STREEF,

l3.G

:

01'

OLIVER

AND

BOYD,

EDINBURQE;

or

B.

POR'SONRY.

116,

GRAFTON

STRFZT,

UUBT~IN.

Jurisdiction	UK Non-devolved
Citation	1902 c. cliv

Cleethorpes Improvement Act 1902

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