Halifax Corporation Act 1882

Publication Date:January 01, 1882
 
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Halifax Corporation Act 1882

(45 & 46 Vict.) c. ccxxxiv

An Act to define and extend the limits of Gas Supply of the Corporation of Halifax and to make further provision for the borrowing of Money by the Corporation and for other purposes.

[18th August 1882]

[45 & 40 Vict.] Halifax Corporation Act, 1882. [Ch. CCXXXiv.] CHAPTER ccxxxiv. An Act to define and extend the limits of Gas Supply'of the AJ . 1882. Corporation of Halifax and to make further provision for the borrowing of Money by the Corporation and for other purposes. [18th August 1882.] w HEREAS the borough of Halifax in the west riding of the county of York (herein-after in this Act referred to as " the borough") is a municipal borough under the government of the mayor aldermen and burgesses thereof (in this Act referred to as "the Corporation") and the Corporation acting by the council are the sanitary authority for the district of the borough with the powers and obligations of an uvban sanitary authority: And whereas the borough is subject to the Acts relating to municipal corporations and to the several Public and Local Acts and Provisional Orders mentioned and referred to in the Pirst Schedule to this Act annexed and now in force (which Acts and Orders together with the Acts altering amending or affecting any of such Public Acts so far as the same relate to the borough are in this Act referred to collectively as " the Corporation Acts "): And whereas the Corporation allege and affirm that the limits within which they are empowered to supply gas under and by virtue of the Corporation Acts or one of them are co-extensive with the present limits of the borough but doubts have been raised with respect to such limits and it is expedient that the limits within which the Corporation are empowered to supply gas should be decJared and defined with greater precision : And whereas it is expedient that the limits of gas supply of the Corporation should be extended as herein-after provided : And whereas disputes have arisen between the Corporation and the Elland-cum-Greetland Gas Company as to their respective limits of gas supply and in order to prevent litigation it has been agreed that the Corporation shall purchase so much of the Elland-cum-Greetland Gas Company's undertaking as is situate within the present borough except as herein-after mentioned: [Local .-234.] A i [Ch. CCXXXiv.] Halifax 'Corporation Aet, 1882. [45 & 46 Vict.] A.D. 1882. And whereas it is expedient that in pursuance of such agreement 24 & 25 Vict so mucn * *ne Elland Gas Act 1861 as empowers that company to c. lxviii. supply gas within the borough should be repealed: And whereas it is expedient that the Corporation be empowered to acquire lands for a sanitary depot and towns yard and that the powers of the Corporation respecting the sanitary condition of the borough should be extended : And whereas plans showing the. lands to be acquired under the powers of this Act and a book of reference to those plans containing the names of the owners or reputed owners and of the lessees or reputed lessees and of the occupiers of those lands and describing the said lands hare been deposited 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 and book of reference :. And whereas the road called " Lee Bridge Road " in the borough is carried over the River Hebble by a bridge called Lee Bridge which bridge and part of the approaches thereto belong to and are repairable by the inhabitants of the west riding of the county of York :.''' And whereas the said bridge and the approaches thereto have been widened and improved by the Corporation with the approval . of the surveyor of public works of the said riding and in accordance with plans submitted by the Corporation to and approved by him and it has been agreed between the Corporation and the, justices of the said riding in quarter sessions assembled (subject to -the sanction of Parliament) that on the completion of the said work and the transfer to the Corporation of the' future maintenance of the said bridge and approaches the said justices should pay to the Corporation the sum of one thousand pounds out of the public funds of the said riding and that the inhabitants of the said riding should thenceforward be exonerated from all liability to rebuild maintain or repair the said bridge and the roads forming the approaches thereto or any portion or portions thereof : And whereas it is expedient that in pursuance of such .agreement the said bridge and approaches be transferred from the inhabitants of the said riding to and vested in the Corporation as part of the public highways of the borough: And whereas it is expedient that the powers of the Corporation with respect to the prevention of the spread of certain infectious diseases should be amended and extended : And whereas the Corporation require to raise moneys for the purposes aforesaid and it is expedient that the Corporation should be authorised to raise moneys for the several purposes herein-before mentioned in manner by this Act provided: 2 [45 & 46 Vict.] Halifax Corporation Act, 1882. [Ch. CCXXXiv.] And whereas estimates have been prepared in relation to the A.D. 1882. following purposes in respect of which the Corporation are by this Act authorised to raise money and such estimates are as follows (that is to say) £ Eor gasworks purposes - 1,000 For a sanitary dep6t and towns yard - 10,000 For improvement works and expenses - 4,000 £15,000 And whereas the several works included in such estimates are permanent works within the meaning of section 234 of the Public 38 & 39 Vict. Health Act 1875 : c-55- And whereas for the purposes of the Corporation Acts the Corporation have raised various sums of money being portions of the moneys which they were empowered to raise as aforesaid by mortgages debentures or otherwise and such sums have been charged upon various securities at various rates of interest and are repayable at various times: And whereas it is expedient that subject to the provisions of this Act the Corporation be authorised to raise moneys which by the Corporation Acts they are authorised to borrow and re-borrow by the creation and issue of Corporation stock and to convert any existing securities granted by the Corporation under the authority of the Corporation Acts into such stock by agreement with the respective holders thereof and that the other provisions in this Act contained be made respecting the debts of the Corporation: And whereas the Corporation are the owners of gas and water undertakings and of valuable land and property in the borough: And whereas the net annual value of the property in the borough rateable to the relief of the poor now amounts to two hundred and seventy-three thousand five hundred and forty-seven pounds three shillings and sevenpence : And whereas the Corporation have funds under their control not derived from rates but applicable for the improvement of the borough and the public benefit of the inhabitants in such manner as the Corporation think best: And whereas an absolute majority of the whole number of the council at a meeting held on the twenty-sixth day of October one thousand eight hundred and eighty-one after ten clear days' notice by public advertisement of the meeting and of the purpose thereof in the " Halifax G-uardian " and the " Halifax Courier " two local newspapers published or circulating in the borough such notice A 2 3 [Oh. CCXXXiv.] Halifax Corporation Act, 1882. [45 & 16 Vict.] A.D. 1882. being in addition to the ordinary notices required for summoning that meeting resolved that the expense in relation to promoting the Bill for this Act should be charged on the borough fund and borough rate: And whereas that resolution was published twice in the " Halifax Guardian " and the " Halifax Courier " two newspapers circulating in the borough and has received the approval of the Local Government Board: And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the council at a further special meeting held in pursuance of a similar notice on the eighteenth day of January one thousand eight hundred and eighty-two being not less than fourteen days after the deposit of the Bill for this Act in Parliament: And whereas the owners and ratepayers of the borough by resolution in the manner provided in the Third Schedule of the Public Health Act 1875 consented to the promotion of the Bill for this Act: And whereas the objects aforesaid cannot be effected without the authority of Parliament: May it therefore please Your Majesty that it may be enacted and be it enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say): I.PRELIMINARY. Short title. 1. This Act may be cited for all purposes as the Halifax Corporation Act 1882. Act divided into parts. 2. This Act is divided into parts as follows: I. Preliminary. II. Gas. III. Towns yard. IV. As to Lee Bridge. V. Provisions as to infectious diseases. VI. Financial. Incorporation of general Acts. 3. The following enactments (so far as they are applicable for the purposes of and are not varied by or inconsistent with this Act) are hereby incorporated with and shall form part of this Act (that is to sav): 8 & 9 Vict. e. 18. 23 A 24 Vict. c.106. 32 4 S3 Vict. c. 18. The Lands Clauses Consolidation Acts 1845 1860 and 1869 (in this Act referred to as the Lands Clauses Acts). 4 [45 & 46 Vict.] Halifax Corporation Act, 1882.' [Ch.. CCXXXiv.] 4. In this Act unless the context otherwise requires A.D. 1882. " The borough " means the borough of Halifax: Interoreta- "The Corporation " means the mayor aldermen and burgesses tion. of the borough: The council" means the council of the borough : " Borough fund " and "...

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