Local Government Board's Provisional Order Confirmation (No.16) Act 1890

Publication Date:January 01, 1890
 
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Local Government Boards Provisional Order Confirmation (No.16) Act 1890

(53 & 54 Vict.) c. ccxxxviii

An Act to confirm a Provisional Order of the Local Government Board relating to the City of Manchester.

[18th August 1890]

[53 & 54 Vict.] Local Government Board's [Ch. CCXXXViii.] Provisional Order Confirmation (No. 16) Act, 1890. CHAPTER ccxxxviii. An Act to confirm a Provisional Order of the Local a.d. 1890. Government Board relating to the City of Manchester. ~~~ [18th August 1890.] TTTHEREAS the Local Government Board have made, the * Provisional Order set forth in the schedule hereto, under the provisions of the Local Government Act, 1888: 51 & 52 Vict. And whereas it is requisite that the said Order should he c* ' confirmed by Parliament, and that the provisions herein contained shall be enacted with reference thereto: 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 Order as altered and set out in the schedule hereto shall Order in be and the same is hereby confirmed, and all the provisions congrme(j thereof shall have full validity and force. 2.(1.) If prior to the first day of January one thousand eight As to further hundred and ninety-one the existing Gorton local board or the extension of ~ the city so as Gorton local board as constituted by the Order hereby confirmed, to include shall apply in writing under their common seal to the corporation, remain,inS expressing their desire that the boundary of the city of Manchester Gorton. should be extended so as to include that part of the existing Gorton district not iucluded in the city under the Order hereby confirmed, the corporation shall, within fourteen days after the receipt of such application, apply to the Local Government Board to make a Provisional Order for that purpose; and it shall be lawful for the Local Government Board to make an Order without a local inquiry upon terms and conditions similar to those contained in the Order hereby confirmed, so far as they relate to the added part of Gorton, and the corporation shall promote such Order when made, and, except so far as such Order is inconsistent with the [Price Is. 6d.] A I A.D. [Ch. CCXXXViii.] Local Government Board's [53 & 54 Vict.] Provisional Order Confirmation (No. 16) Act. 1890. 1890. provisions of this section, it shall not be lawful for the Gorton local board to oppose the confirmation thereof in Parliament: Provided that the district to be added in pursuance of this section shall form a ward of the said city, to be called the Gorton ward, and three councillors shall be assigned to the ward so constituted, and an additional alderman shall be added to the council. (2.) Subject as aforesaid, all the provisions of the Local Government Act, 1888, relating to Provisional Orders for altering the boundaries of boroughs shall apply to the Provisional Order which the Local Government Board are authorised by this section to make. (3.) In the event of the Gorton local board not exercising the aforesaid option of joining the city, the corporation shall, in respect of any unexhausted improvements as to streets and sewers in the added part of Gorton which have been carried out or constructed by and at the cost of the said local board prior to the passing of this Act, pay to the Gorton local board such sum as, having regard to all the circumstances of the case and any liability which may be transferred to the corporation in respect of such improvements, may be deemed to be equitable, such sum in case of difference to be determined on the application of either party by arbitration in manner provided by the Local Government Act, 1888. (4) The expression " corporation " in this Act means the mayor, aldermen, and citizens of the city of Manchester. Securing to William Agnew the payment of certain chief rents. 3. Whereas "William Agnew, of the city of Manchester, is seized or otherwise well entitled to certain chief rents or yearly rent-charges issuing or reserved out of certain land in the local government district of Gorton, not included in the added area, the particulars of which chief rents or yearly rentcharges are as follows: A chief rent or yearly rentcharge of fifty-three pounds six shillings reserved by Indenture dated the sixteenth day of December one thousand eight hundred and eighty-seven, and made between the Manchester Land Investment Company Limited of the first part, the local board of health for the district of Gorton of the second part, and Richard Thomas Holland of the third part. A chief rent or yearly rentcharge of fifty-five pounds fourteen shillings reserved by Indenture dated the sixteenth day of December one thousand eight hundred and eighty-seven, made between the Manchester Land Investment Company Limited [53 & 54 Vict.] Local Government Board's [Oh. CCXXXViii.] Provisional Order Confirmation (No. 16) Act, 1890. of the first part, the local board of health for the district of A.D. 1890. Gorton of the second part, and Richard Thomas Holland of the third part. A chief rent or yearly rentcharge of fifty-five pounds seven shillings reserved by Indenture dated the sixteenth day of December one thousand eight hundred and eighty-seven, made between the Manchester Land Investment Company Limited of the first part, the local board of health for the district of Gorton of the second part, and Richard Thomas Holland of the third part. A chief rent or yearly rentcharge of fifty-three pounds thirteen shillings reserved by Indenture dated the sixteenth day of December one thousand eight hundred and eighty-seven, made between the Manchester Land Investment Company Limited of the first part, the local board of health for the district of Gorton of the second part, and Richard Thomas Holland of the third part. A chief rent or yearly rentcharge of fifty-two pounds eight shillings reserved by Indenture dated the sixteenth day of December one thousand eight hundred and eighty-seven, made between the Manchester Land Investment Company Limited of the first part, the local board of health for the district of Gorton of the second part, and Richard Thomas Holland of the third part. A chief rent or yearly rentcharge of forty-two pounds twelve shillings reserved by Indenture dated the sixteenth day of December one thousand eight hundred and eighty-seven, and made between the Manchester Land Investment Company Limited of the first part, the local board of health for the district of Gorton of the second part, and Richard Thomas Holland of the third part. A chief rent or yearly rentcharge of forty-nine pounds reserved by Indenture dated the sixteenth day of December one thousand eight hundred and eighty-seven, made between the Manchester Land Investment Company Limited of the first part, the local board of health for the district of Gorton of the second part, and Richard Thomas Holland of the third part. Six chief rents or yearly rentcharges of forty-eight pounds, each reserved by six Indentures, dated respectively the sixteenth day of December one thousand eight hundred and eighty-seven, and respectively made between the Manchester Land Investment Company Limited of the first part, the local board of A 2 & [Oh. CCXXXViii.] Local Government Board's [53 & 54 Vict.] Provisional Order Confirmation (No. 16) Act, 1890. A.D. 1890. health for the district of Gorton of the second part, and Richard Thomas Holland of the third part. Such chief rents or yearly rentcharges being secured and charged upon all the rates levied, or to be levied by and payable to the said local board under and by virtue of the powers then or thereafter to be vested in them. The corporation guarantee the future payment of such chief rents or yearly rentcharges by the local board to the said "William Agnew, his heirs, successors, and assigns, and undertake to pay the same if the said local board shall at any time hereafter make default therein for twenty-eight days after the same shall respectively become due, and for this purpose such chief rents or yearly rentcharges shall be and are hereby made a charge upon the city fund or rates of the city. If and whenever and as often as the corporation shall under this clause be called on to pay, and shall pay the said chief rents or yearly rentcharges, or any part or parts thereof, or any costs or expenses incidental thereto, the following provisions shall have effect: (a.) The Gorton local board will forthwith on demand repay to the corporation the amounts which the corporation shall so pay. (b.) The corporation shall have and be entitled to exercise in respect of their said payments upon or against the lands comprised in the said several Indentures all the powers and remedies conferred by section forty-four of the Conveyancing and Law of Property Act, 1881, to the same extent as if they were persons entitled to receive out of such lands, or out of the income thereof, any annual sum. (c.) Such payments shall be, and they are hereby made, a charge upon the district fund and general district rate of the district of Gorton as reconstituted by this Act. Provided that in the event of the remaining part of the district of Gorton being included within the city, and the liabilities of the local board transferred to the corporation, this section shall cease to have any operation. Short title. 4. This Act may be cited as the Local Government Board's Provisional Order Confirmation (No. 16) Act, 1890. 4 [53 & 54 Vict.] Local Government Board's [Ch. CCXXXViii.] Provisional Order Confirmation (No. 16) Act, 1890. SCHEDULE. a.d. 1890. CITY 03? MANCHESTER. Manchester Order.. Provisional Order made in pursuance of Sections 54 and 59 of the Local Government Act, 1888. To the Mayor, Aldermen, and Citizens of the City of Manchester; To the Justices of the Peace for the said City; To the School Board for the said City; To...

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