Local Government Board's Provisional Order Confirmation (No.11) Act 1913

Publication Date:January 01, 1913
 
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Local Government Boards Provisional Order Confirmation (No.11) Act 1913

(3 & 4 Geo. 5) c. cxxxv

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

[15th August 1913]

[3 & 4t Geo. 5.] Local Government Board's [Ch. CXXXV.] Provisional Order Confirmation {No. 11) Act, 1913. CHAPTER cxxxv. An Act to confirm a Provisional Order of the Local a.d. 1913. Government Board relating to Exeter. [15th August 1913.] W HEREAS the Local Government Board have made the Provisional Order set forth in the Eirst Schedule hereto under the provisions of the Local Government Act 1888 : 51 & 52 Vict. c. 41. " And whereas it is requisite that the said Order should be confirmed by Parliament: Be it therefore 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: The Order as amended and set out in the Eirst Schedule Order in hereto (hereinafter referred to as " the Order") shall be and ^'8t the same is hereby confirmed and all the provisions thereof confirmed. shall have full validity and force. On any adjustment made otherwise than by agreement Provisions for the purposes of the Order or of this Act under section "^"JJSe thirty-two or section sixty-two of the Local Government Act otherwise 1888 or under either of those sections as modified or adapted than by i ,, ^ , agreement. by the Order {a) Any adjustment of the local taxation licences the estate duty grant and the residue under section one of the Local Taxation (Customs and Excise) Act 1890 in pursuance of the Order shall be carried out in accordance with the rules contained in Part I. of the Second Schedule hereto: (b) Provision shall be made for the payment to any council or other authority affected by the Order of such sum [Price 2s. 6d.] A 1 [Ch. CXXXV.] Local Government Board's [3 & 4 Geo. 5.] Provisional Order Confirmation (No. 11) Act, 1913. A. U. 1913. as seems equitable in accordance with the rules con- tained in Part II. of the Second Schedule hereto in respect of any increase of burden which will properly be thrown on the ratepayers of the area of that council or other authority in meeting the cost incurred by that council or other authority in the execution of any of their powers and duties as a consequence of any alteration of boundaries effected by the Order or other change in relation to which the adjustment takes place. In this section and in Part II. of the said Second Schedule the expression "council or other authority affected by the Order" includes any council authority or persons entitled to make an adjustment under section sixty-two of- the Local Government Act 1888 or that section as modified or adapted by the Order. Short title. 3. This Act may be cited as the Local Government Board's Provisional Order Confirmation (No. 11) Act 1913. [3 4 4 Geo. 5.] Local Government Board's [Ch. CXXXV.] Provisional Order Confirmation (No. 11) Act, 1913. SCHEDULES. FIRST SCHEDULE. CITY OF EXETER. Provisional Order made in pursuance of the Local Government Exeter Order, Act 1888 for extending a County Borough. To the Mayor Aldermen and Citizens of the City and County of the City of Exeter; To the Court of Quarter Sessions for the said City; To the Justices of the Peace for the said City; To the Justices of the Peace for the . County of Devon''in Quarter Sessions assembled ; To the County Council of Devon; To the Exeter Port Sanitary Authority; To the Urban District Council of Heavitree; To the Rural District Council of Saint Thomas; To the Governor Deputy Governor Assistants and Guardians of the Poor of the City and County of Exon; To the Guardians of the Poor of the Saint Thomas' Union; To the Parish Councils of Alphington Pinhoe and Topsham; To the Overseers of the Poor of the Parishes of Alphington Exeter Heavitree Pinhoe and Topsham; And to all others whom it may concern. WHEREAS by Section 54 of the Local Government Act 1888 the 51^ 52 Vict. Local Government Board are empowered to make a Provisional Order * for altering the boundary of any Borough and by such Order .to divide or alter any electoral division; And whereas the City and County of the City of Exeter is a County of itself and is a County Borough within the meaning of 4e Local Government Act 1888 and is fort the purposes of that Act situate in the County of Devon and the'inhabitants, are.a body corporate by the name of the Mayor Aldermen and Citizens .of ^e City and County of the City of Exeter and act by the Council of A2 3 [Oh, CXXXV.] Local Government Boards [3 & 4 Geo. 5.] Provisional Order Confirmation (No. 11) Act, 1913. Exeter Order. A.D. 1913. the said City which now consists of the Mayor fourteen Aldermen and forty-two Councillors and the said City is for the purposes of the election of Councillors divided into fourteen wards; And whereas the said City includes the Parish of Exeter and is an Urban Sanitary District of which the Mayor Aldermen and Citizens acting by the Council are the Urban Sanitary Authority; And whereas the said City has a separate court of quarter sessions commission of the peace police force recorder sheriff and coroner and an ancient court of record known as the Provost Court; 2 Edw. 7. And whereas in pursuance of the Education Act 1902 the Council - '*2- of the said City are the local education authority; And whereas the unrepealed provisions of the Local Acts specified in Part I. of the Schedule A. to this Order and of the Confirmation Acts specified in Part II. of the said schedule so far as the last-mentioned Acts relate to the Orders specified in that schedule are in force in the said City; And whereas the provisions of 53 & 54 Yict. (A) The Infectious Disease (Prevention) Act 1890 ; c. 34, & 54 Yict. (b) The Public Health Acts Amendment Act 1890; c 59 & 55 "Vict. () The Museums and Gymnasiums Act 1891 so far as it relates c 22. to museums only; I 4oW' ?" () The Notification of Births Act 1907 ; i9o*nvirt.c:6?: (e) The Baths and Washhouses Acts 1846 to 1899; and 41 4 42 Vict. c.H. n£aoTk&£3: W The Pubhc Llbranes Acts 1892 to 1901; 55*56vict!cias". are in force in the said City; 56 Vict. c. 11. iEdw.7.c.i9. And whereas the Council of the said City are the authority for i585.16 YlCt' tlie execution of the Burial Acts 1852 to 1906 within the City; 6 Edw. 7. And whereas the Urban District of Heavitree in the Administrative County of Devon immediately adjoins the said City and is co-extensive with the Parish of Heavitree and is subject to the jurisdiction of the Urban District Council of Heavitree; And whereas the provisions of (a) The Infectious Disease (Prevention) Act 1890: (*) Parts n. IE. and IV. of the Public Health Acts Amendment Act 1890; and 55 & 56 Vict. (0) The private gtreet Workg Act 1892. C. Of . ' are in force in the Urban District of Heavitree; And whereas the Urban District Council of Heavitree are the authority for the execution of the Burial Acts 1852 to 1906 within the, Parish, of Heavitree.; 4 [3 & 4 Geo. 5.] Local Government Board's [Ch. CXXXV.] Provisional Order Confirmation (No. 11) Act, 1913. And whereas the Parishes of Alphington Pinhoe and Topsham A.D. 1913. are contributory places in the Rural District of Saint Thomas and Exet^Ordm-are subject to the jurisdiction of the Rural District Council of Saint ** * W' Thomas; And whereas a detached part of the Parish of Topaham immediately adjoins the said City and the remainder of that Parish immediately adjoins the Parish of Heavitree; And whereas the provisions of the Infectious Disease (Prevention) Act 1890 and the provisions of Part III. of the Public Health Acts Amendment Act 1890 which are applicable to Rural Districts are in force in the Rural District of Saint Thomas; And whereas the Parishes of Alphington Pinhoe and Topsham are rural parishes within the meaning of the Local Government Act 1894 56 4 57 Vict. for each of which a Parish Council has been established '? and "the c ^3-Parish Council of Topsham is the authority for the execution of the Burial Acts 1852.to 1906 in that parish; And whereas the Lighting and Watching Act 1833 has ' been 3 & 4 Will. 4. adopted in the Parish of Topsham; c,90 And whereas a Board of Guardians called the Governor Deputy Governor Assistants and Guardians of the Poor of the City and County of Exon has in pursuance of the provisions of the Local Acts specified in the Schedule B. to this Order as amended by subsequent legislation been constituted for the Parish of Exeter which is for the purposes of the election of Guardians divided into eleven wards which are respectively co-extensive with and bear the same names as the municipal wards* into which the part of the said City which comprises the Parish of Exeter is divided for the purpose of the election of Councillors and two guardians are elected for each of such wards; And whereas the Parish of Heavitree is included in the Saint Thomas' Union and is for the purpose of the election of guardians divided into five wards which are termed respectively the Central Ward the Polsloe Ward the Priory Ward the Rural Ward and the Wonford Ward and one guardian is elected for each of those wards; And whereas the Parishes of Alphington Pinhoe and Topsham are included in the Saint Thomas' Union and the Rural District Councillors elected for those parishes are the representatives of the parishes on the Board of Guardians of that Union; And whereas in pursuance of the Education Act 1902 the Parishes 2 Edw. 7. of Alphington Heavitree Pinhoe and Topsham form part of the area of c* the County Council of the Administrative County of Devon as the local education authority; A3 & [Ch. CXXXV.] Local Government Board's [3 & 4 Geo. 5;] Provisional Order Confirmation (No. 11) Act, 1913. A.D. 1913. And whereas by virtue of an Order of the Local Government Board Ex t~Orde dated the Fourteenth day of August One thousand eight hundred and 63 & 64 "Vict...

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