Local Government Board's Provisional Orders Confirmation (No.3) Act 1887

Publication Date:January 01, 1887
 
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Local Government Boards Provisional Orders Confirmation (No.3) Act 1887

(50 & 51 Vict.) c. xcix

An Act to confirm certain Provisional Orders of the Local Government Board relating to the Local Government District of Alverstoke, the Boroughs of Dewsbury, Great Torrington Halifax, and Nottingham, and the Rural Sanitary District of the Saint Thomas Union.

[12th July 1887]

[50 & 51 Vict.] Local Government Shard's [Ch. xcix.] Provisional Orders Confirmation (No. 3) Act, 1887. CHAPTER xcix. An Act to confirm certain Provision 1 Orders of the Local a.d. 1887. relating G overnment Board to the Local Government District of Alverstoke, the Boroughs of Dewsbury, Great Torrington, Halifax, and Nottingham, and the Rural Sanitary District of the Saint Thomas Union. [12th July 1887.] W HEREAS the Local Government Board have made the Provisional Orders set forth in the Schedule hereto, under the provisions of the Public Health Act, 1875 most Excellent Majesty, the Lords Spiritual and And whereas it is requisite that th^ said Orders should he confirmed hy Parliament, and that the provisions herein contained should he enacted with reference thereto : Be it therefore enacted by the Queen's hy and with the advice and consent of 38 & 39 Vict. c. 55. Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : hereto shall be and the The Orders in Schedule confirmed. provisions thereof shall, 1. The Orders set out in the Schedule same are hereby confirmed, and all the from, and after the dates therein respectively mentioned, have full validity and force. 2. The sanitary authorities mentioned in the Orders relating to Restriction the Local Government District of Alvdrstoke, the Borouehs of of power to take houses Great Torrington, Halifax, and Nottingham, and the Rural of labouring Sanitary District of the Saint Thomas Union, shall not, under class* the powers of this Act or of those Orders, without the consent of the Local Government Board, purchase or acquire in any city, borough, or other urban sanitary district, or in any parish or part of a parish not being within an urban sanitary district, ten or more houses which, after the passing of this Act, have been, or on the fifteenth day of December last were, occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers. {Price Is. 9rf.] A 1 [Oh. xcix.] Local Government Board's [50 & 51 Vict.] Provisional Orders Confirmation (No. 3) Act, 1887. r A.D. 1887. 3#(i.) The Urban Sanitary Authority for the Borough of Special Dewsbury shall not under the powers of this Act or of the Order provisions as relating to that borough hereby confirmed, pnrchase or acquire in labouring ^ie borough ten or more houses which after the passing of this Act class. have been, or on the fifteenth day of December last were, occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers, unless and until (a.) They shall have obtained the approval of the Local Government Board to a scheme for providing new dwellings for such number of persons as were residing in such houses on the fifteenth day of December last or for such number of persons as the Local Government Board shall, after inquiry, deem necessary, having regard to the number of persons on or after that date residing in such houses and working within one mile therefrom, and to the amount of vacant suitable accommodation in the immediate neighbourhood of such houses, *or to the place of employment of such persons, and to all the circumstances of the case; and (b.) They shall have given security to the satisfaction of the Local Government Board for the carrying out of the scheme. (2.) The approval of the Local Government Board to any scheme under this section may be given either absolutely or conditionally, and after the Local Government Board have approved of any such scheme they may from time to time approve either absolutely or conditionally of any modifications in the scheme. (3.) Every scheme under this section shall contain provisions prescribing the time within which it shall be carried out, and shall require the new dwellings proposed to be provided under the scheme to be completed fit for occupation before the persons residing in the houses in respect of which the scheme is made are displaced: Provided that the Local Government Board may dispense with the last-mentioned requirement, subject to such conditions, if any, as they may see fit. (4.) Any conditions subject to which the Local Government Board may have approved of any scheme, or of any modifications of any scheme under this section, or subject to which they may have dispensed with the above-mentioned requirement, shall be enforceable by a writ of mandamus to be obtained by the Local Government Board out of the Queen's Bench Division of the High Court of Justice. (5.) If the sanitary authority acquire or appropriate any house or houses for the purposes of this Act in contravention of the 2 [Oh. xcix.] [50 & 51 Vict.] Local Government Board's Provisional Orders Confirmation (No. 3) Act, 1887. foregoing provisions, or displace or cause to be displaced the persons A.D. 1887. residing in any house or houses in contravention of the require- liable to a penalty of five ments of the scheme, they shall be hundred pounds in respect of every such house, which penalty shall be recoverable by the Local Government Board by action in the ried to and form part of the m High Court of Justice, and shall be ca consolidated fund of the United Kingd Provided that the Court may, if it think fit, reduce such penalty. (6.) Subject to the provisions of this section, the sanitary authority and the Local Government Board and their inspectors shall have and may exercise for any purpose in connexion with any scheme under this section all or any of the powers vested in them under the Public Health Act, 1875, in the same manner in every respect as if the preparation and carrying into effect of such scheme were one of the general purposes of that Act Provided that all lands on which any buildings have been erected or provided by the sanitary authority in pursuance of any scheme under this section, shall, for a period of twenty-five years from the passing of this Act, be appropriated for the purpose of dwellings, and every conveyance, demise, or lease of such lands and buildings shall be endorsed with notice of this enactment: Provided also that the Local Government Board may at any time dispense with all or any of the requirements of this sub-section, subject to such conditions, if any, as they may see fit. (7.) The sanitary authority shall pay to the Local Government Board a sum to be fixed by that Board in respect of the preparation and issue of any Provisional Order in pursuance of this section, and any expenses incurred by that Board in relation to any inquiries ses of any witnesses sum- under this section, including the expe moned by the inspector holding the inquiry, and a sum to be fixed by that Board, not exceeding three guineas a day, for the services of such inspector. 4. Por the purposes of sections tw(| and three of this Act, the Definition of 9) labouring class labouring class. &c expression includes mechanics, artizans, labourers, and others working for wages, hawkers, costermongers, persons not working for wages, but working at some trade or handicraft without employing others except members of their own family, and persons, other than domestic servants, whose income does not week, and the families of exceed an average of thirty shillings jocal Government Board's Short title, Act, 1887. S any of such persons who may be residing with them. 5. This Act may be cited as the Provisional Orders Confirmation (No. 3) A 2 -? [Ch. xcix.] Local Government Board's [50 & 51 Vict.] Provisional Orders Confirmation {No. 3) Act, 1887. A.D.1887. SCHEDULE. Alverstoke Order* LOCAL GOVERNMENT DISTRICT OF ALVERSTOKE. Provisional Order to enable the Sanitary Authority for the Urban Sanitary District of Alverstoke to put in force the Compulsory Clauses of the Lands Clauses Consolidation Acts. being the Sanitary Authority for of Alverstoke, in the County of To the Alverstoke Local Board, the Urban Sanitary District Southampton ; And to all others whom it may concern. WHEREAS the Alverstoke Local Board, as the Sanitary Authority for the Urban Sanitary District of Alverstoke, in the County of Southampton, require to purchase and take the land described in the Schedule hereto for the purpose of widening the street leading from Foster Road to Alverstoke Schools, in their District: Now therefore, We, the Local Government Board, in pursuance of the powers given to Us by Section 176 of the Public Health Act, 1875, and by any other Statutes in that behalf, do hereby empower the Alverstoke Local Board5 from and after the date of the Act of Parliament confirming this Order, to put in force, with reference to the land described in the Schedule hereto, and for the purpose aforesaid, the powers of the Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them. The SCHEDULE above referred to. Parish of Alverstoke, in the County of Sout *** Colour on deposited Plans. Description of Land. Owners or reputed Owners. Occupier. Pink A piece of land containing by admeasurement 39 rods or thereabouts, situate on the north side of the footway leading from FosterRoad to Alverstoke Schools. The Trustees of the Will of Richard Foster Carter, deceased, viz.j Richard William Foster Carter, Sarah Foster Elliott, and Thomas Richard McCoy. Montague Foster. U%,) Given under the Seal of Office of the Local Government Board, this Ninth day of May, One thousand eight hundred and eighty-seven. Chas. T. Ritchie, President, Hugh Owen, Secretary. 4 [50 & 51 Vict,] Local Government Board's [Oh. xcix.] Provisional Orders Confirmation (No. 3) Act^ 1887. BOROUGH OP...

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