Lancashire County Justices Act 1881

Publication Date:January 01, 1881
 
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Lancashire County Justices Act 1881

(44 & 45 Vict.) c. xcv

An Act for authorising the Justices of the Peace for the County Palatine of Lancaster to construct Bridges over the Rivers Lune and Croal and to Consolidate the County Debt; and for other purposes.

[27th June 1881]

[44 & 45 Vict.] Lancashire County Justices Act, 1881. [Ch.XCV.] CHAPTER xcv. An Act for authorising the Justices of the Peace for the a.d. i88i. County Palatine of Lancaster to construct Bridges over the Rivers Lune and Croal and to Consolidate the County- Debt ; and for other purposes. [27th June 1881.] W HEREAS the existing bridge oyer the Lune in the hundred of Lonsdale in the county palatine of Lancaster known as the Caton Lune Bridge is greatly out of repair and has been closed for cart and carriage traffic to the great inconvenience of the public: And whereas it is desirable to empower the Justices of the said county palatine (hereinafter referred to as "the Justices") to acquire all the rights and interests of the proprietors of the said bridge therein and to authorise the Justices to rebuild the said bridge with proper approaches thereto and to make such provision as is in this Act contained for charging the expenses of such rebuilding and of maintaining the said bridge on rates to be assessed and levied on the hundred of Lonsdale and for charging the expenses of maintaining the said approaches on the highway area or areas within which they are for the time being respectively situate: And whereas the existing bridge over the Croal in the hundred of Salford in the said county palatine known as Parnworth Bridge is narrow and incommodious and out of repair and the approach on one side of the said bridge is steep and inconvenient: And whereas the said bridge and its approaches are by ancient custom repairable by the inhabitants of the said hundred of Salford: And whereas it is expedient to authorise the Justices to pull down the said bridge and to construct a new bridge in lieu thereof with proper approaches on a site more commodious for the public and to make such provision as in this Act contained for charging the expenses of such construction and of maintaining such new bridge on the rates assessed and levied on the hundred of Salford [Local-95.] A 1 [Ch. XCV.] Lancashire County Justices Act, 1881. [44 & 45 Vict.] A.D. 1881. for the repair of hundred bridges and for charging the expenses of maintaining the said approaches on the highway area or areas within which they are for the time being respectively situate: And whereas the local board of health for the district of Little Lever in the said county palatine (in this Act called " the Little Lever local board ") are desirous and it is expedient that they be empowered for the purpose of enabling them to contribute towards the expense of constructing the eastern approach to the bridge (No. 2) by this Act authorised and to make in connection with the said bridge and approach improvements in streets and roads within their district and to raise money as by this Act provided : And whereas an estimate has been prepared by the Little Lever local board shewing the amount which that board will require to borrow for the purpose of the said works being permanent works 38 & 39 Vict, within the meaning of the 234th section of the Public Health Act c. 55. 1875 and the amount of such estimate is five thousand pounds: And whereas it is desirable to make better provision for enabling the Justices and highway authorities respectively to enter into contracts for the maintenance and repair of roadways over the county bridges and hundred bridges in the said county palatine and of the approaches thereto : 43 & 44 Vict. And whereas by the Lancashire County Justices Act 1880 the c. xxi. committee of visitors of the County Lunatic Asylum at Whittingham in the said county palatine were empowered to construct waterworks for the purpose of affording a good and sufficient supply of water to that asylum but such works have not been commenced and the necessity for them may be obviated if the Justices on the one hand and sanitary authorities or other corporations on the other hand are empowered to enter into contracts as in this Act mentioned for the supply of water in bulk or otherwise to the said asylum: And whereas the income of the police superannuation fund of the said county palatine is inadequate to meet the claims upon it and it is expedient to empower the Justices to direct that the fees received for service of summonses and execution of warrants by police constables of the county be carried to and applied as part of that fund and to make further provision for defraying any deficiency in the income of the fund: . And whereas it is expedient to authorise the appointment of an assistant chief-constable of the county : And whereas the Justices have from time to time under the provisions of various public Acts enabling them in that behalf borrowed moneys for lunatic asylums militia storehouses police and prisons and on the thirty-first day of December one thousand eight hundred and eighty they owed on account of such moneys sums [44 & 45 Vict.] Lancashire County Justices Act, 1881. [Ch. XCV.] amounting in the aggregate to the sum of three hundred and six A.D. 1881. thousand nine hundred and ninety-five pounds : ' And whereas such sums are now respectively secured in different modes at different rates of interest with different priorities and subject to different conditions as to time of repayment and otherwise: And whereas under the Lancashire County Justices Act 1879 the 42 & 43 Vict Justices are empowered to borrow for the erection and fitting up of c"xlyu" county offices and under the Lancashire County Justices Act 1880 the Justices are empowered to borrow for the construction of the waterworks authorised by that Act and for providing courts and offices for the transaction of business in general or quarter sessions but no sums have yet been borrowed under either of those Acts: And whereas further moneys are or will be required for the purposes of some of the Acts above referred to and it is desirable to authorise the Justices to borrow for the exercise of the powers of this Act relating to bridges: And whereas the net annual value of property assessable to the general county rate in the said county palatine amounted in the year one thousand eight hundred and eighty to fifteen million six hundred and seventeen thousand seven hundred and twenty-six pounds : And whereas in order to avoid charging borrowed moneys in different modes at different rates of interest with different priorities and subject to different conditions it is expedient that the Justices be empowered to consolidate the county debt and to create and issue capital stock for the purpose of converting by agreement any securities granted by them under any existing Acts and for the purpose of raising all or any such moneys as they may from time to time be authorised to borrow and that such stock should be charged on the general county rate or other rates in the nature of a general county rate leviable by the Justices and that one fund should be established out of moneys arising therefrom for paying the interest on and redeeming such stock: And whereas it is expedient to provide that all stock to be issued' under this Act shall rank pari passu with any stock which, may be issued by the Justices under the authority of any future Act or Order confirmed by Parliament: And whereas the objects aforesaid cannot be attained without the authority of Parliament: And whereas for the purposes of this Act plans and sections showing the lines and levels of the works proposed to be executed and the lands proposed to be taken for the purposes of this Act with 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 A 2 3 [Ch.XCV.] Lancashire County Justices Act, 1881. [44&4S Vict.] A.D. 1881. purposes or under the powers of this Act hare been deposited with the clerk of the peace for the county palatine of Lancaster: 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) : Short title. 1. This Act may be cited as the Lancashire County Justices Act 1881. Execution of 2. (1) The powers and provisions of this Act so far as they relate Act- to the construction and maintenance of the bridge (No. 1) by this Act authorised shall be exercised and executed by a majority of the Justices assembled at the court of general quarter sessions held originally or by adjournment at Lancaster in the hundred of Lonsdale in the said county: The powers and provisions of this Act so far as they relate to the construction and maintenance of the bridge (No. 2) by this Act authorised shall be exercised and executed by a majority of the Justices assembled at the court of general quarter sessions held originally or by adjournment at Manchester or some other place in the hundred of Salford in the said county: The powers and provisions of this Act except where otherwise expressly provided shall be exercised and executed by a majority of the Justices in annual general session or special session or any adjournment thereof assembled. Incorporation 3. The Lands Clauses Consolidation Acts 1845 1860 and 1869 Acte.neraI are hereby incorporated with this Act and for the* purposes of such 8 &j Vict incorporation this Act shall be deemed to be the special Act and the 23 & 24 Vict. Justices to be the promoters of the undertaking. 32 & 33 Vict. £ In tMg Act unless tlie context otherwise requires the follow-Interprets- in& expressions have the meanings hereby respectively assigned to tion of terms, them : "The county " means the county...

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