Local Government Board's Provisional Orders Confirmation (Bilbrough, &c.) Act 1876

JurisdictionUK Non-devolved
Citation1876 c. cciii
[39 & 40 VICT.] Local Government Board's
[Oh. cciii.]
Provisional Orders Confirmation {Bilbrough,
SfC.)
Act,
1876.
CHAPTER cciii.
An Act
to
confirm certain Provisional Orders
of
the Local
A.D.
1876.
Government Board relating
to the
District
of
Bilbrough,
the Improvement Act Districts
of
Bournemouth and Ciren-
cester,
the
Districts
of
Clay Lane, Eccleshill, Felling,
Nelson,
and
Normanton,
the
Improvement Act District
of
Runcorn,
and
the Districts
of
Stow-on-the-Wold, Sunder-
land, and Tormoham. [11th August 1876.]
W
HEREAS the Local Government Board have, as regards
the
districts herein mentioned, made
the
Provisional Orders
set
forth in the schedule hereunto annexed, under the provisions
of the
Public Health Act, 1875
:
And whereas
it is
requisite that
the
said Orders should
be
con-
firmed
by
Parliament,
and
that
the
provisions herein contained
should be enacted in reference to certain
of
the said districts
:
Be
it
therefore 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
:
1.
The Orders set out in the schedule hereunto annexed shall
be
The Provi-
and the same are hereby confirmed, and
all
the provisions thereof i^s^eduie618
shall, from and after the passing
of
the Act, have full validity and confirmed.
force.
2.
When the Order hereby confirmed whereby the Local Govern- Special pro-
ment District
of
Bilbrough
is
dissolved comes into operation,
so
Bf/broueh
much only
of the
powers, rights, duties, capacities, liabilities, District.
obligations, and property exerciseabie by or attaching
to or
vested
in the said Bilbrough Local Board as are exerciseabie by or attach
to
or are vested
in a
rural sanitary authority under the Public Health
Act, 1875, shall be transferred to the guardians
of
the poor
of the
Tadcaster- Union
as the
sanitary authority
for the
rural sanitary
district of that union.
{Local.-203.~\
A 1
A.D. 1876.
Special pro-
vision as
"to
the Improve-
ment Act
District of
Bourne-
mouth.
Saving
rights of the
Crown in the
foreshore.
Sp'ecial pro-
vision as to
proceeds of
sale of pier
! at Bourne-
mouth.
Special pro-
vision for
the property
and debts
of the Ciren-
cester Com-
missioners.
[Oil. CCiii.] Local .Government Board's [39 & 40 VICT.]
Provisional Orders Confirmation (Bilbrough, fyc.) Act, 1876.
3.
The Commissioners mentioned in the Provisional Order
relating to the Improvement Act District of Bournemouth, hereby
confirmed, shall not at any time hereafter construct any work on
any part of the shore or bed of the sea where and so far up the
same as the tide flows and reflows, without the previous consent of
the Board of Trade, to be signified in writing under the hand of
one of the secretaries or assistant secretaries of the said Board, and
according to such plan and under such restrictions and regulations
as the said Board of Trade shall approve of, such approval being
signified as last aforesaid; and where any such work shall have
been constructed with such consent as aforesaid, the said Commis-
sioners shall not at any time alter or extend the same without
obtaining, previously to making any such alteration or extension,
the like consent or approval; and if any such work shall be
commenced without such consent or approval, the Board of Trade
may abate and remove the same, and restore the site thereof to its
former condition at the cost of the said Commissioners; and the
amount of such costs shall be a debt due to the Crown, and
recoverable against the said Commissioners accordingly. ..
4.
Nothing contained in the last-mentioned Provisional Order,
or in this Act, shall authorise the Commissioners mentioned in the
said Order to take, use, or in any manner interfere with any portion
of the shore or bed of the sea, or any right in respect
thereof,
belonging to the Queen's most Excellent Majesty in right of Her
Crown, and under the management of the Board of Trade, without
the previous consent in writing of the Board of Trade on behalf of
Her Majesty (which consent the Board of Trade may give), neither
shall anything in the said Order or Act contained extend to take
away, prejudice, diminish, or alter any of the estates, rights,
.privileges, powers, or authorities vested in or enjoyed or exerciseable
by the Queen's Majesty, her heirs or successors.
5.
The balance of any moneys realised by the sale of the pier
belonging to the Bournemouth Improvement Commissioners may,
after repayment of the sums borrowed on account
thereof,
instead
of being applied in the repayment of the mortgage debts as in
the Order confirmed is hereby provided, be applied in such other
manner as the Local Government Board may determine.
6. All the property, effects, liabilities, and obligations belonging
to or vested in or attaching to the Commissioners appointed for the
district of Cirencester under the Local Act mentioned in the Pro-
visional Order relating to that district hereby confirmed shall,
[39 & 40 VICT.] Local Government Board's
-..
[Ch. CCiii.]
Provisional-Orders-'Confirmation (Bilbrough, 8fc.) Act, 1876.
notwithstanding anything in the said Order contained, be transferred A.D. 1876.
to and vested in the Local Board to be elected for the said district as
in the said Order mentioned, and all such liabilities and obligations
(other than and except the mortgage debt of one thousand seven
hundred pounds owing from the said Commissioners on the security
of the rates raisable under the said Local Act, and the interest
thereof) shall be chargeable upon the general district rates to be
made by the said Local Board, and,for the purpose of discharging
the said mortgage debt, and the interest
thereof,
the said Local
Board shall, as necessity shall arise, make adequate rates or assess-
ments upon the tenants or occupiers of such hereditaments only as
would be liable to assessment for the purposes of the said Local Act
if the said Order had not been made, and shall collect the same
rates or assessments in like manner and subject to the same pro-
visions as would in that case have been applicable to rates or
assessments made by the said Commissioners.
7.
The local board of health of the district of Eccleshill Local Board
(herein-after called the Eccleshill Local Board) shall not, except ^uE^e^
with the consent in writing of the trustees of the will of George take certain
Stott Stanhope, enter upon, take, or use any land belonging or lan.d c?m"
reputed to belong to the said trustees, and lying northward of
a straight line drawn between the points lettered A and B, and
which said line is laid down on a plan signed in duplicate by the
Right Honourable the Lord Strafford, the Chairman of the Com-
mittee of the House of Lords to whom the Bill for this Act has
been referred, and one copy of which is deposited in the office of
the Clerk of the Parliaments, and the other in the office of the said
Local Board.
8. If the Eccleshill Local Board take compulsorily any land of
As
to fencing
the said trustees lying southward of the said line A B, they shall ^y L°caJ
fence off the land so taken from the other land of the trustees by Eccleshill.
a dry wall with a stone coping set in lime, such wall, including the
coping, to be not less than six feet high.
9. The Eccleshill Local Board shall not by virtue of the Order Saving any
relating to them, and hereby confirmed, impound, appropriate, or e^tmg
interfere with the spring or stream of water, known as the Holy certain
Well, in the field, enclosure, or plantation numbered 33 on the plans water-
deposited with relation to the said Order.
10.
If the Local Board take, otherwise than by agreement, any of Local Board
the said lands of the said Trustees abutting on the fields lying ^Si?111
adjacent to and to the southward of the lands scheduled, and event to
bounded on the west by the Eccleshill and Idle Railway, and in the
Purchase
A 2 3

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