Hoylake Urban District Council Act 1935
|Publication Date:||January 01, 1935|
Hoylake Urban District Council Act 1935
(25 & 26 Geo. 5) c. cxx
An Act to authorise the acquisition by the Hoylake Urban District Council of the Meols Commons the extinguishment of any rights therein which may still exist the conveyance of parts of those lands to the lord of the manor absolutely and the retention by the Council of the remainder as public walks or pleasure grounds the removal of restrictions on the exercise of the provisions of the Private Street Works Act 1892 in respect of any street on each side of the Meols sewer to confer further powers on the Council with regard to their gas water and electricity undertakings and the health local government and improvement of the Hoylake urban district and for other purposes.
[2nd August 1935]
[25 & 26 Geo. 5.] Hoylake Urban [Ch. CXX.j District Council Act, 1935. CHAPTER cxx. An Act to authorise the acquisition by the Hoylake a.d. 1935. Urban District Council of the Meols Commons the extinguishment of any rights therein which may still exist the conveyance of parts of those lands to the lord of the manor absolutely and the retention by the Council of the remainder as public walks or pleasure grounds the removal of restrictions on the exercise of the provisions of the Private Street Works Act 1892 in respect of any street on each side of the Meols sewer to confer further powers on the Council with regard to their gas water and electricity under takings and the health local government and improvement of the Hoylake urban district and for other purposes. [2nd August 1935.] W HEREAS the urban district of Hoylake in the county palatine of Chester (hereinafter called " the district") is under the local government of the urban district council of Hoylake (hereinafter called " the Council"): And whereas there are within the district certain common lands of the manor of Great Meols over which so far as is known no common or other rights have been exercised for many years and it is not known by whom and to what extent such rights are now exerciseable : And whereas by section 53 of the Hoylake and West Kirby Improvement Act 1900 it was provided that [Price 3s. Od. Net] A 1 [Ch. CXX.] Hoylake Urban [25 & 26 Geo. 5.] District Council Act, 1935. A.D. 1935. the said common lands should be enclosed upon the terms set forth in that section but the provisions of that section have not been put into full effect: And whereas owing to the development of the district and the circumstances arising therefrom it would be of public advantage that the Council should be empowered to acquire and hold the said lands as public walks or pleasure grounds for all time (with the exception of the parts specifically referred to in this Act) and that the future exercise of common rights (if any) and of the rights (if any) under the said Act of 1900 should be extinguished except as hereinafter provided : And whereas by section 67 of the Hoylake and West Kirby Improvement Act 1900 it was enacted that the lands within a distance of nineteen feet six inches on each side of the centre line of the Meols sewer authorised by that Act should be deemed to be a street within the meaning of the Private Street Works Act 1892 of a width of thirty-nine feet and that no person should without the consent of the Council erect any building upon or over any part of the site of such street with the proviso that the owners of the lands or premises fronting adjoining or abutting on such street should not become liable for the cost of the private street works in such street unless or until lands abutting upon such street for a length equal to one-half of the frontage of such street should be used for building purposes or unless or until the owners of such lands for a length equal to three-fourths of the said frontage should in writing request the Council to carry out the private street works : And whereas building has taken place on both sides of the centre line of the said Meols sewer for a considerable distance but in consequence of the before-recited proviso to the said section 67 it has been impossible to put into operation the provisions of the Private Street Works Act 1892 in respect of the street co-extensive with such building and the development of the lands adjoining the centre line of the Meols sewer has been retarded and it is expedient that the said proviso should be repealed : And whereas it is expedient to confer upon the Council the further powers with regard to the acquisition retention and development of lands in this Act contained: 2 [25 & 26 Gjbo. o.J Hoylake, Urban [Ch. CXX.J District Council Act, 1935. And whereas it is expedient to make further and A.D. 1935. better provision with regard to streets and buildings in the district and the health local government and improvement of the district and to enlarge the powers of the Council with regard to those matters as provided by this Act: And whereas the Council supply water gas and electricity in the district and it is expedient to enact the provisions with regard to the water gas and electricity undertakings of the Council set forth in this Act: And whereas it is expedient that the other provisions contained in this Act should be enacted : And whereas the purposes of this Act cannot be effected without the authority of Parliament: 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 : And whereas plans showing the lands proposed to be acquired under the powers of this Act and a book of reference to those plans 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 county council of the administrative county of the county palatine of Chester and are in this Act referred to as the deposited plans 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 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 Hoylake Urban Short title. District Council Act 1935. This Act is divided into Parts as follows (that is Division of to say):- £ Part I.Preliminary. Part II.Lands seashore &c. Part III.Streets buildings sewers and drains. A2 3 A.D. 1935. Incorporation of Lands Clauses Acts. Interpretation. [Ch. CXX.] Hoylake Urban [25 & 26 Geo. 5.] District Council Act, 1935. Part IV.Infectious disease and sanitary matters. Part V.Water. Part VI Gas. Part VII.Electricity. Part VIII.Finance. Part IX.Miscellaneous. 3. The Lands Clauses 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 with the following exceptions and modification (namely) : (a) Sections 127 to 132 of the Lands Clauses Consolidation Act 1845 are not incorporated with this Act; (b) The bond required by section 85 of the Lands Clauses Consolidation Act 1845 shall be sufficient without the addition of the sureties mentioned in that section. 4.(1) In this Act the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith or by the 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 district " means the .urban district of Hoylake; " The Council " means the council of the district; " The clerk " " the surveyor " " the medical officer " and " the sanitary inspector " mean respectively the clerk the surveyor the medical officer of health and any sanitary inspector of the district; " The general rate fund " and " the general rate " mean respectively the general rate fund and the general rate of the district; " The Lands Clauses Acts" means the Lands Clauses Acts as modified by the Acquisition of Land (Assessment of Compensation) Act 1919 and by this Act; [25 & 26 Geo. 5.] Hoylake Urban [Ch. CXX.J District Council Act, 1935. " The water undertaking " means the water under- A.D. 1935. taking of the Council; " The water limits " means the limits within which the Council are for the time being authorised to supply water; " The gas undertaking " means the gas undertaking of the Council; " The gas limits " means the limits within which the Council are for the time being authorised to supply gas; " The electricity undertaking " means the electricity undertaking of the Council; " The electricity limits " means the limits within which the Council are for the time being authorised to supply electricity; " The Act of 1900 " and " the Act of 1925 " mean respectively the Hoylake and West Kirby Improvement Act 1900 and the Hoylake and West Kirby Urban District Council Act 1925; " The Public Health Acts " means the Public Health Act 1875 and the Acts amending and extending the same; " The Act of 1933 " means the Local Government Act 1933; " Daily penalty " means a penalty for each day on which an offence is continued after conviction; " Sunday school" means any school in which children are assembled for instruction on a Sunday or specially for religious instruction whether on a Sunday or not; " Child " means a person under the age of sixteen years; " Food " has the meaning assigned to it by section 34 (Definitions) of the Food and Drugs (Adulteration) Act 1928; "Statutory borrowing power" means any power whether or not coupled with a duty of borrowing or continuing on loan or re-borrowing money or of redeeming or paying off or creating or continuing payment of or in respect of any annuity rentcharge rent or other security A3 5 [Ch. CXX.] Hoylake Urban [25 & 26 Geo. 5.] District...
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