Colne and Marsden Local Board Act 1881

Publication Date:January 01, 1881
 
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Colne and Marsden Local Board Act 1881

(44 & 45 Vict.) c. lxxxiii

An Act for empowering the Colne and Marsden Local Board to acquire the Colne Waterworks, to construct additional waterworks, to make street improvements, and to make better provision in relation to the disposal of the sewage, the holding of markets, and the good government of the district, and for other purposes.

[27th June 1881]

[44 & 45 Vict.] Colne and Marsden Local Board [Ch. lxxxiii.] Act, 1881. CHAPTER lxxxiii. An Act for empowering the Colne andMarsden Local Board aj . 1881. to acquire the Colne Waterworks, to construct additional waterworks, to make street improvements, and to make better provision in relation to the disposal of the sewage, the holding of markets, and the good government of the district, and for other purposes. [27th June 1881.] W HERE AS in the year one thousand eight hundred and seventy-fire a Local Board was established for the district of Colne and Marsden (comprising the township of Colne and a portion of the township of Marsden), in the parish of Whalley, in the county of Lancaster (which Board is in this Act referred to as the Local Board, and which district is in this Act referred to as the district), and the Local Board are the urban sanitary authority for the district: And whereas, by a Local Act passed in the forty-sixth year of the reign of King George III. (cap. 27), the Company of Proprietors of the Colne Waterworks (in this Act called the Company) were empowered to construct certain waterworks and to supply water to the inhabitants of the town and township of Colne; and the Company have for many years past supplied a large portion of the inhabitants of the district with water: And whereas the Local Board have agreed with the Company for the purchase of their undertaking, and they have, in accordance with the terms of the agreement, entered into possession of the waterworks, and have managed the same since the fifteenth day of May one thousand eight hundred and eighty, and it is expedient that such purchase should be confirmed and carried into effect: And whereas the present supply of water from the Company's works is inadequate to meet the existing and growing demands of the inhabitants of the district, and it is expedient that the Local Board should be empowered ' to acquire the further supply of water, and to construct the additional waterworks in this Act specified: [Local.-83.~] A 1 [Oh., lxxxiii.] Colne amd Marsdm Local Board [44 & 45 Vict 1 Act, 1881. A.D. 1881. And whereas it is expedient that the Local Board should he em- powered to make certain improvements of streets : And whereas it is expedient that the Local Board be empowered to acquire lands for utilising or making innocuous the sewage of the district by means of irrigation or filtration: And whereas it is expedient that the Local Board should be empowered to provide a new market place and buildings, and to make better provision for the holding of markets, and to authorise the taking of tolls, rates, and charges in respect thereof: And whereas it is expedient that the Local Board should be empowered to provide a public hall, and also buildings and offices for transacting the business of the Local Board: And whereas it is expedient that the Local Board be authorised to raise further money by borrowing, and that their powers in relation to the local management and government of the district be in other respects extended: And whereas the objects aforesaid cannot be effected without the authority of Parliament: And whereas estimates have been prepared by the Local Board for the purchase of land and for the execution of the works and for other the purposes by this Act authorised, and such estimates are as follows: £ Por purchase of Colne Waterworks and construction of additional waterworks .... 50,000 Por street improvements - 5,423 Por sewage lands and sewerage purposes - - 19,258 Por markets - - - - - 11,600 Por pubhc hall and offices ... . 12,567 And whereas the several works included in such estimates are 38 & 39 Vict permanent works within the meaning of section 234 of the Pubhc c 55' Health Act 1875 : And whereas an absolute majority of the whole number of the members of the Local Board, at a meeting held on the twenty-seventh day of October one thousand eight hundred and eighty, after ten clear days notice by public advertisement of such meeting and of the purpose thereof in the Colne and Nelson Times, a local paper published or circulating in the district, such notice being in addition to the ordinary notices required for summoning such meeting, resolved that the expense in relation to promoting the Bill for this Act should be charged on the general district fund and general district rates of the district; 2 [44 & 45 Vict.] Colne and Marsden Local Board [Ch. lxxxiii.] Act, 1881. And whereas such resolution was published twice in the Colnc .A.I .1881. and Nelson Times, a newspaper circulating in the district, and has received the approval of the Local Government Board: And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the members of the Local Board at a further special meeting held in pursuance of a similar notice not less than fourteen days after the deposit of the Bill for this Act in Parliament: And whereas the owners and ratepayers of the district, by resolution passed in the manner prescribed by the Public Health Act 1875 (Schedule III.) have consented to the promotion of the Bill for this Act: And whereas plans and sections describing the lines, situations, and levels of the works authorised by this Act, and a book of reference to those plans containing the names of the owners or reputed owners, lessees or reputed lessees, and of the occupiers of lands required or which may be taken for the purposes or under the powers of this Act, have been deposited with the clerk of the peace for the county of Lancaster, and with the clerk of the peace for the West Riding of the county of York, and are in this Act referred to as the deposited plans, sections, and book of reference : May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows (that is to say) : I.Preliminary. This Act may be cited as the Colne and Marsden Local Board Short title. Act 1881. The following Acts and parts of Acts (so far as the same are ^3" applicable for the purposes and are not inconsistent with the general provisions of this Act) are hereby incorporated with this Act, ^JSgVict namely: c. 18. The Lands Clauses Consolidation Acts, 1845, 1860, and 1869 (in 23 & 24 Vict. this Act called the Land Clauses Acts); 3'2 & 3'3 yict- The Waterworks Clauses Act, 1847 (except the provisions thereof c. 18. with respect to the amount of profit to be received by the J0^]1"7"*' undertakers when the waterworks are carried on for their ' "J benefit); The Waterworks Clauses Act, 1863; 26 & 27 yict. The provisions of the Railways Clauses Consolidation Act, 1845, c. 93. with respect to the temporary occupation of lands near the *Q9 Vlct- A 2 3 [Oh., lxxxiii.] Oolne and Marsden Local Board [44 & 45 Vict 1 Act, 1881. A.D. 1881. railway during the construction thereof, hut such provisions shall apply only to the reservoir hereby authorised; 10 & 11 Vict. The Markets and Pairs Glauses Act, 1847. e. 14. Interpreta- 3. The several words and expressions to which by the Acts wholly tiono terms. or partially incorporated with this Act meanings are assigned shall in this Act have the same respective meanings, unless there is something in the subject or context repugnant to such construction; Provided always, that in the Acts wholly or partially incorporated with this Act for the purposes of this Act " The undertakers," or " the company," means the Local Board: "The railway" means any reservoir by this Act authorised to be constructed: " Centre of the railway " means, with respect to the reservoir by this Act authorised to be constructed, the boundary of such reservoir: And in this Act "the Public Health Acts" means the Public Health Act, 1875, and all Acts for the time being in force -amending or extending the same, and the expressions" owner " and " premises" shall have the same respective meanings as they have in the Public Health Acts, and the expression " superior courts," or " court of competent jurisdiction," or any other like expression in this Act or the Acts incorporated herewith, shall be read and bave effect as if the debt or demand with respect to which the expression is used were a common simple contract debt, and not a debt or demand created by statute. II.Water, Water limits. 4# q ue H^ts of this Act for the supply of water shall be the district, and such limits are in this Act referred to as the water limits. Act to be 5. This Act shall be executed by the Local Board, with the executed by p0Wers an(j indemnities and according to the provisions of the Public Health Acts, and those Acts shall, in relation to the Local Board and the several objects and purposes of this Act, be read and construed as if the purposes and provisions of this Act were purposes and provisions of the Public Health Acts, so far as the same shall be applicable thereto, and except so far as any of the provisions of the last-mentioned Acts are expressly varied or otherwise provided for by this Act. Sale of Com- 6. The Company shall sell to the Local Board, and the Local Pa.n7^der* Board shall purchase the Company's undertaking, for such con- Local" sideration, to be paid at such times and in such manner, and Board. 4, [44 & 45 Vict.] Colne and Marsden Local Board [Ch. lxxxiii.] Act, 1881. generally on such terms as in this Act are stated or appear, com- A-D-188L prising the following (that is to say) ~ The...

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