Hereford Corporation Act 1936

Publication Date:January 01, 1936
 
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Hereford Corporation Act 1936

(26 Geo. 5 & 1 Edw. 8) c. cxiii

An Act to extend the limits within which the mayor aldermen and citizens of the city of Hereford may supply water and gas to confer further powers upon the said mayor aldermen and citizens with reference to their water gas and markets undertakings to make further provision with regard to the health local government and improvement of the city and for other purposes.

[31st July 1936]

120 Geo. 5. & Hereford [Ch. CXiii.J 1 Edw. 8.] Corporation Act, 1936. CHAPTER cxiii. An Act to extend the limits within which the a.d. 1936. mayor aldermen and citizens of the city of ~~ Hereford may supply water and gas to confer further powers upon the said mayor aldermen and citizens with reference to their water gas and markets undertakings to make further pro vision with regard to the health local government and improvement of the citv and for other purposes. "[31 st July 1936.1 W HEREAS the city of Hereford (in this Act called "the city") is under the local government of the mayor aldermen and citizens of the city (in this Act called " the Corporation "): And whereas by the Hereford Improvement Act 17 & 18 Vict. 1854 the Corporation were authorised to construct the c-xxffl-waterworks described in that Act and to supply water within the city and the suburbs and liberties thereof: And whereas in order to protect their water supply which is derived from the river Wye it is expedient to enact the provisions which are contained in this Act: And whereas it is expedient to extend the limits within which the Corporation may supply water and to confer further powers upon them with reference to their water undertaking: [Price 4s. Od. Net] A [Ch. CXiii.] Hereford [26 Geo. 5. & Corporation Act, 1936. 1 Edw. 8.] ad. 1936. And whereas by the said Act of 1854 the Corpora- tion and the Hereford Gaslight and Coke Company were authorised to make and carry into effect contracts and agreements for the purchase or other acquisition by or lease to the Corporation of the gasworks and other property of the said company and provision was made for the carrying on by the Corporation of the gas undertaking of the company if and when the same should be purchased or acquired by or leased to them: And whereas the Corporation duly acquired the gasworks and other property of the said company and are supplying gas within the city and it is expedient to extend the limits within which the Corporation may supply gas as by this Act provided and to confer further powers upon them with reference to their gas undertaking: And whereas in pursuance of powers conferred upon them by Parliament by means of the said Act of 1854 and subsequent enactments the Corporation are carrying on a markets undertaking and it is expedient to make further provision with reference to that undertaking as in this Act provided and to confer further powers upon the Corporation with reference thereto and in connection therewith : And whereas it is expedient to make further provision with regard to camping grounds streets and buildings in the city and that the powers of the Corporation in relation to the health local government and improvement of the city be enlarged as by this Act provided: And whereas it is expedient to confer further powers upon the Corporation with reference to the acquisition retention disposal and development of lands: And whereas it is expedient to provide for the establishment of a consolidated loans fund by the Corporation and to make further provision with regard to the finances of the Corporation and the application of the revenues of their several undertakings: And whereas it is expedient that the other provisions contained in this Act be enacted: And whereas the purposes of this Act cannot be effected without the authority of Parliament: 2 [26 Geo. 5. & Hereford [Ch. CXiii.j 1 Edw. 8.] Corporation Act, 1936. And whereas estimates have been prepared by A.D. 1936. the Corporation for the purposes hereinafter mentioned and such estimates are as follows: The reconstruction and replacement of £ waterworks authorised by the Hereford Improvement Act 1864 - 33,000 Filtration plant ----- 15,000 Water mains and other waterworks purposes 10,000 And whereas the works included in such estimates 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 Part XIII of the Local Government Act 1933 have been observed : 23 & 24 Geo. 5. May it therefore please Your Majesty that it may c. 51. 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. This Act may be cited as the Hereford Short title. Corporation Act 1936. This Act is divided into Parts as follows: Division of Act into Part I.Preliminary. Parts. Part II.Water. Part III.Gas. Part IV.Markets. Part V.Streets buildings sewers and drains. Part VI.Sanitary provisions. Part VII.Camping grounds &c. Part VIII.Financial provisions. Part IX.Miscellaneous provisions. A 2 3 [Ch. cxiii.] Hereford Corporation Act, 1936. [26 Geo. 5. & 1 Edw. 8.] A.D. 1936. Incorporation of Acte. 8 & 9 Vict. c. 18. 10 & 11 Vict. c. 17. 26 & 27 Vict. c. 93. lO&HVict, c. 15. 34 & 35 Vict. c.41. 10 & 11 Vict. c. 14, 3.(1) The following Acts (so far as the same are applicable for the purposes and are not inconsistent with the provisions of this Act) are hereby incorporated with this Act (namely): (i) The Lands Clauses Acts except the provisions thereof with respect to the purchase and taking of lands otherwise than by agreement and except section 127 of the Lands Clauses Consolidation Act 1845; (ii) The Waterworks Clauses Act 1847 except the words " with the consent in writing " of the owner or reputed owner of any " such house or of the agent of such owner " in section 44; sections 75 to 82 (with respect to the amount of profit to be received by the undertakers when the waterworks are carried on for their benefit); and section 83 (with respect to the yearly receipt and expenditure of the undertakers); (iii) The Waterworks Clauses Act 1863 except section 16; (iv) The Gasworks Clauses Act 1847 except (a) sections 30 to 37 (with respect to the amount of profit to be received by the undertakers when the gasworks are carried on for their benefit); and (6) section 38 (with respect to the yearly receipt and expenditure of the undertakers); (v) The Gasworks Clauses Act 1871 except sections 7 8 and 28 to 35; (vi) The Markets and Fairs Clauses Act 1847 except sections 12 31 32 and 50. (2) For the purposes of the incorporation of the aforesaid Acts and parts of Acts the following provisions shall have effect: (i) The several expressions " the promoters of the undertaking " " the undertakers " " the company "' and " the commissioners " where used in any of those Acts shall mean the Corporation; 4 [26 Geo. 5. & Hereford [Ch. CXiii.] 1 Edw. 8.] Corporation Act, 1936. (ii) The expression " the limits of the special Act " A.D. 193( and any like expression where used in the Waterworks Clauses Act 1847 and in the Gasworks Clauses Act 1847 shall mean the water limits or the gas limits (as the case may be) as defined in this Act; (iii) The expressions " the limits of the special Act" and " the prescribed limits" and any like expressions where used in the Markets and Fairs Clauses Act 1847 shall mean the city. 4.(1) In this Act the several words and Interpre-expressions to which meanings are assigned by the tation-Public Health Acts shall have the same respective meanings unless there be something in the subject or context repugnant to such construction. (2) In this Act unless the subject or context otherwise requires " The city " means the city of Hereford; " The Corporation" means the mayor aldermen and citizens of the city; " The council " means the council of the city; " The mayor " " the town clerk " " the treasurer " " the surveyor " " the medical officer " and " the sanitary inspector" mean respectively the mayor the town clerk the treasurer the surveyor the medical officer of health and any sanitary inspector of the city; " The general rate fund " and " the general rate " mean respectively the general rate fund and the general rate of the city; " The water limits" means the Umits within which the Corporation are for the time being authorised to supply water; " The existing water limits" means the limits within which the Corporation are immediately before the passing of this Act authorised to supply water; " The gas limits " means the limits within which the Corporation are for the time being authorised to supply gas; A 3 5 [Ch. CXiiL] Hereford [26 Geo. 5. & Corporation Act, 1936. 1 Edw. 8.] A.D. 1936. " The existing gas limits" means the limits within which the Corporation are immediately before the passing of this Act authorised to supply gas; " The added water limits " and " the added gas limits" mean the several areas described respectively in the First and Second Schedules to this Act and more particularly delineated upon the maps which are respectively signed in triplicate by the Right Honourable Robert Croft Bourne the chairman of the committee of the House of Commons to which the Bill for this Act was referred one copy of each of which maps has been deposited in the Parliament Office of the House of Lords one in the Committee and Private Bill Office of the House of Commons and one with the town clerk at his office; " The water undertaking " " the gas undertaking '? and " the markets undertakingv mean respectively the water undertaking the gas undertaking and the markets undertaking of the Corporation; " The Corporation undertakings " means the water undertaking the gas undertaking the markets undertaking and the cemeteries undertaking of the Corporation; " The...

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