Derby Corporation Act 1913

Publication Date:January 01, 1913
 
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Derby Corporation Act 1913

(3 & 4 Geo. 5) c. xcii

An Act to authorise the mayor aldermen and burgesses of the borough of Derby to construct tramways and street works to make further provision in regard to their tramway water electricity and markets undertakings and the health local government and improvement of the borough to enable them to establish a fund for the granting of superannuation allowances to their officers and servants to provide for the simplification of the procedure in the Derby Borough Court of Record and for other purposes.

[15th August 1913]

[3 & 4 Geo. o.] Derby Corporation Act, 1913. [Oh. XCiL] CHAPTER xcii. An Act to authorise the major aldermen and burgesses a.d. 1913. of the borough of Derbj to construct tramways and street works to make further provision in regard to their tramway water electricity and markets undertakings and the health local government and improvement of the borough to enable them to establish a fund for the granting of superannuation allowances to their officers and servants to provide for -the simplification of the procedure in the Derby Borough Court of Record and for other purposes. [15th August 1913.] W HEREAS the borough of Derby is a municipal and county borough under the management and local government of the mayor aldermen and burgesses of the borough acting by the council (in this Act called " the Corporation "): And whereas in pursuance of powers conferred upon them by the Derby Corporation Tramways &c. Act 1899 and the Derby Corporation Act 1901 the Corporation have acquired and constructed and are working an extensive system of tramways in the borough and it is expedient to empower them to construct and work the additional tramways referred to in this Act and to confer further powers upon them in connexion with their tramway undertaking : And whereas it is expedient to empower the Corporation to construct the street works referred to in this Act and to acquire lands for and in connexion with the construction of those works and to extend their fire brigade station in Lower St. Mary's Gate: And whereas the Corporation are the owners of waterworks and are supplying water within the borough and certain districts in the neighbourhood thereof and it is expedient to increase the [Price is. Bd.] A 1 [Oh. XCii.] Derby Corporation Act, 1913. [3 & 4 Geo. 5.] A.D. 1913. rates and charges which the Corporation are authorised to demand and take under the provisions of the Act 11 & 12 Vict. cap. xxxvi and the Derby Improvement Act 1879 and to confer further powers upon the Corporation in relation to their water undertaking: And whereas under the provisions of the Derby Corporation Electric Lighting Orders 1890 and 1910 the Corporation are the owners of an electricity undertaking whereby the borough and certain districts in the neighbourhood thereof are supplied with electricity and it is expedient to confer further powers upon the Corporation in relation to that undertaking: And whereas the Corporation under the authority of a charter dated at Westminster the fifth day of September in the thirty-fourth year of the reign of His Majesty King Charles II. and of an Act passed in the sixth year of the reign of His late Majesty King George IV. cap. cxxxii provided a cattle market and a market hall and other places for holding markets and fairs and further powers in relation to their markets undertaking were conferred upon the Corporation by the Derby Corporation Act 1877 and it is expedient to make further provision in regard to that undertaking: And whereas by the Derby Corporation Act 1901 as amended by the Derby Order 1905 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 4) Act 1905) the Corporation were empowered to make extensive works for the sewerage of an area comprising the borough and parts of the parishes of Alvaston and Boulton Osmaston and Normanton (in the said Act of 1901 and herein-after referred to as "the main drainage area") and it is expedient to make further provision with regard to the sewerage of that area: And whereas it is expedient to make further and better provision with regard to the streets and buildings in the borough and that the powers of the Corporation in regard to the health local government and improvement of the borough be enlarged as in this Act provided : And whereas it is expedient to empower the Corporation to establish a fund for the granting of superannuation and other allowances to officers and servants of the Corporation: And whereas it is expedient to make provision for altering the procedure in the Derby Borough Court of Record: 2 [3 &. i Geo. 5.] Derby Corporation Act, 1013. [Ch. XCii.] And whereas it is expedient that the other provisions con- a.d. 1913. tained in this Act be enacted: ' And whereas the purposes of this Act cannot l e effected without the authority of Parliament: And whereas estimates have been prepared by the Corporation for the purposes herein-after mentioned and such estimates are as follows: (a) For and in connexion with the construction £ of the tramways authorised by this Act - 21350 (b) For the provision and erection of posts standards brackets conductors and other apparatus works and conveniences for the purpose of the tramways authorised by this Act - - - - - 5100 (c) For the provision and equipment of omni- buses - 5000 "(d) For the purchase of lands for and for and in connexion with the construction of the street works authorised by this Act - 49000 And whereas the several works included in such estimates respectively are permanent' works and it is expedient that the cost thereof should be spread over a term of years: And whereas in relation to the promotion of the Bill for this Act the requirements of the Borough Funds Acts 1872 and 1903 have been observed and the approval of the Local Government Board has been obtained : And whereas plans and sections showing the lines and levels of the works authorised by this Act and a book of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act were duly deposited with the clerk of the peace for the county of Derby and are in this Act respectively 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 King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal A 2 3 [Ch. XCii.] Derby Corporation Act, 1913. [3 & 4 Geo. 5.] A.D. 1913. and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say): Part I. Preliminary. Short title. 1. This Act may be cited as the Derby Corporation Act 1913. Division of 2. This Act is divided into Parts as follows: Part I- Preliminary. Part II- -Tramways and Omnibuses. Part III- Street Works and Lands. Part IV.- Water. Part V.- Electricity. Part VI.- Markets and Pairs Slaughter-houses. Part VII.- Main Drainage. Part VIII- Streets Buildings Sewers and Drains. Part IX.- Infectious Disease and Sanitary. Part X.- -Common Lodging-houses and Houses let in Lodgings. Part XI.- Police. Part XII.- Superannuation and Provident Fund. Part XIII.- -Pinancial Provisions. Part XIV.- Miscellaneous. Incorpora- 3. The following Acts and parts of Acts so far as they are tion of Acts, applicable for the pUrp0ses and are not inconsistent with the provisions of this Act are hereby incorporated with and form part of this Act (namely): The Lands Clauses Acts (except section 127 of the Lands Clauses Consolidation Act 1845): Section 3 (Interpretation of terms) section 19 (Local authority may lease or take tolls) and Parts II. and III. of the Tramways Act 1870 Provided that the said section 19 shall be read and have effect as if the words " but nothing " in this Act contained shall authorise any local authority to place or run carriages upon such tramway and to demand and take tolls and charges in respect of the use of such carriages " were omitted from that section: The Markets and Fairs Clauses Act 1847 (except sections 12 31 32 and 43 to 50 thereof). 4 [3 & 4 Geo. 5.] Derby Corporation Act, 1913. [Oh. XCiL] 4. In this Act the several words and expressions to which a.D. 1913. meanings are assigned by the Acts wholly or partially incorpo- Inte~ rated herewith or by the Public Health Acts have the same tation. respective meanings unless there be something in the subject or context repugnant to such construction And in this Act unless the subject or context otherwise requires " The Corporation " means the mayor aldermen and burgesses of the borough of Derby; "The borough" means the county borough of Derby; "The council" means the council of the borough; "The town clerk" "the treasurer" "the surveyor" "the medical officer" and "the inspector of nuisances" mean respectively the town clerk the treasurer the surveyor the medical officer of health and the inspector of nuisances of the borough and respectively include any person duly authorised to discharge temporarily or permanently the duties of those offices ; " The borough fund " " the borough rate " " the district fund " and " the general district rate " mean respectively the borough fund the borough rate the district fund and the general district rate of the borough; " The Act of 1877 " " the Act of 1879 " " the Act of 1899 " and "the Act of 1901" mean respectively the Derby Corporation Act 1877 the Derby Improvement Act 1879 the Derby Corporation Tramways &c. Act 1899 and the Derby Corporation Act 1901; " Daily penalty " means the penalty for each day on which an offence is continued by a person after conviction therefor; "The tribunal" means the jury arbitrator umpire or other authority to whom any question of disputed purchase money or compensation under this Act is referred. Part II. Tramways and Omnibuses. 5. !\ r the purposes of this Part...

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