Manchester Improvement Act 1854

Publication Date:January 01, 1854
 
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Manchester Improvement Act 1854

(17 & 18 Vict.) c. xxviii

An Act for enabling the Mayor, Aldermen, and Citizens of the City of Manchester to widen certain Streets in, and otherwise improve, the said City, to raise a further Sum of Money, and for other Purposes.

[2nd June 1854]

ANNO DECIMO SEPTIMO iY^^t^^^^^^^^^^^^^^'^^^^^^^^^^^^^^:M^^^^^^^^^^^^^^^^^^ O ft XXVlll * An Act for enabling the Mayor, Aldermen, and Citizens of the City of Manchester to widen Certain Streets in, and otherwise improve, the said City, to raise a further Sum of Money, and for other Purposes [2d June 1854.] HERE AS it is expedient that the Mayor, Aldermen, and Citizens of the City of Manchester should be empowered to widen so much of the Street in the Township and Parish of Manchester called Clarence Street as lies between Kennedy Street and Bancroft Street, and also certain. Portions of the Street in the Township of Chorlton-upon-Medlock and Parish of Manchester, called Oxford Street or Oxford Road, situate between Clifford Street and High Street, all in the City of Manchester, and to effect other Improvements in the said City: And whereas there are now due and owing by the said Mayor, Aldermen, and Citizens divers Sums of Money (amounting in the whole to the Sum of One hundred thousand Pounds) which have been borrowed and raised upon the Credit of the Gasworks and Rates under their Management and Control, and there are also now due and owing by the said Mayor, Aldermen, and [LocaL~] 4 P Citizens 3.34 17 VICTORIA, Cfcp.xxviii. The Manchester Improvement Act9 1854. Citizens, divers other Sums of Money (amounting in the whole to the Sum of One hundred and fifty thousand Pounds), which have been borrowed and raised upon the Credit of the said Gasworks and Rates, for which last-mentioned Sums the Township Rate, authorized by " The Manchester General Improvement Act, 1851," to be made and levied for the Township of Manchester, is made an additional Security; and by " The Manchester New Streets Act, 1853," the said Mayor, Aldermen, and Citizens are empowered to borrow on the Credit of the Gasworks for the Time being under their Control, and the Rents and Profits arising therefrom, the further Sum of Forty-five thousand Pounds ; and it is expedient that the said, Mayor, Aldermen, and Citizens should be empowered to borrow a further Sum of Ninety-five thousand Pounds upon the Credit of the said Gasworks, Rents, and Profits, and of the Township Rate, for the Time being leviable in the Township of Manchester; And whereas the Objects aforesaid cannot be effected without the Authority of Parliament: 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: Interpret*- j. In construing this Act the Words and Expressions following erms. ^gjj jiave ^he several Meanings hereby assigned to them, unless there be something in the Subject or Context repugnant to such Construction ; that is to say, The Word " Corporation" shall mean the Mayor, Aldermen, and Citizens of the City of Manchester : The Word " Person * shall include Corporation, whether aggregate or .sole: The Word " City " shall mean the City of Manchester ; The Expression u Town Clerk " shall mean the Town Clerk of the said City: The Word " House" shall include any Messuage or Dwelling House, Tenement, Warehouse, Manufactory, Building, or other Enclosure, and every Part thereof: The Word "Land" or "Lands" shall extend to and comprise Messuages, Lands, Tenements, or Premises of any Tenure : The Word " Owner '* shall mean the Person for the Time being receiving the Rack Rent of the Land or Premises in connection with which the Word is used, or who would receive the same if such Lands or Premises were let at a Rack Rent. Short Title. H. This Act shall for all Purposes be sufficiently described or referred to as " The Manchester Improvement Act, 1854." Council to III. The Corporation by the Council are hereby empowered to execution Dt can7 *^s ^ct an(i tlie several Powers thereof into execution. IV. For 17 VICTORIA, Cap.xxvi\L 335 The Manchester Improvement Act, 1854. IV. For the more conveniently carrying this Act and the several Council may Powers thereof into execution, it shall be lawful for the Council and *PPintCom- 7 m t mittees to they are hereby empowered to appoint out of their Body, from Time to carry Act Time, One or more Committee, or Committees, consisting of such 1?to execu-Number of Persons as they may think fit, to manage and transact all or any of the Measures or Purposes which they the Council are hereby directed or authorized expressly or by reference to do, execute, or perform ; which Committee or Committees shall have so many and such of the Powers, Authorities, and Discretion by this Act given to and reposed in the Council as the Council shall think proper to delegate to such Committee or Committees. V. It shall be lawful for the Council from Time to Time to contract Council may and agree with any Person for performing any of the Works by this tractes in£h"e Act authorized to be made or executed ; and all Contracts so to be Name of the -entered into shall be reduced into Writing, and may be sealed with CorPoratl0n- the Common Seal of the Corporation, or such Contracts, or any of them, may be signed by the Mayor or by the Town Clerk, and the same shall be signed by the Person or Parties contracting to perform such Works, and shall specify the several Works to be done, and the Prices to be paid for the same, and the Time when such Works shall be done and completed ; and a Copy thereof shall be entered in a Book to be kept by the Town Clerk for that Purpose; and it shall be lawful for the Council to take such Bond or other Security from every Contractor for the due Performance of his Contract as they shall think sufficient; and the Council shall cause the Works to be done in pursuance of such Contract to be inspected by such Persons as they shall from Time to Time appoint; and in case the same shall not be well and sufficiently performed, according to the true Intent and Meaning of such Contract, or shall not be finished and completed at or within the Time to be by any such Contract limited for completing the same, the Council shall and may have and pursue all the Remedies provided by the said Contract, and shall and may cause any Action at Law or Suit in Equity to be brought in the Name of the Corporation against any Party so contracting and neglecting to perform such Contract, or for any Injury suffered or sustained on account of the Nonperformance thereof; and upon proving the signing of the Contract and Nonperformance thereof, the Corporation shall be entitled to and shall recover such Penalty or Damage as may be awarded, with Costs of Suit. VI. Provided always, That it shall be lawful for the Council, to Council may compound and agree with any Person or Party who shall have foBreache entered into any such Contract in pursuance or under the Authority of Contract. of this Act, or against whom any Action or Suit shall be brought for any Penalty contained in such Contract, or in any Bond or other Security for the Performance thereof, or for or on account of any Breach or Nonperformance of any such Contract, Bond, or Security, for 336 17VCITORLE, Cap.xxvm The Manchester Improvement Act, 1854. Service of Notice on Council. for such Sums of Money or other Recompence as the Council shall think proper. VII. Any Summons, Notice, or Writ, or other Proceeding at Law or in Equity requiring to be served upon the Corporation, or upon the Council, may be lawfully served by delivering the same personally to the Town Clerk, or leaving the same at the Office of the Town Clerk. /r Service of Notice on other Persons. Authentication of Notices. Tender of Amends, VIII. Any Notice which by this Act may be required to be given to any Person, may lawfully be served by delivering the same to such Person, or to his Wife or Servant, or any Inmate at his Place of Residence or Business, or by affixing or leaving the same on or at his usual or last known Place of Residence or Business. IX. Any Summons, Demand, or Notice, or other such Document under this Act, may be in Writing or Print, or partly in Writing or Print; and if the same require Authentication by the Corporation or by the Council, the Signature of the Town Clerk thereto shall be a sufficient Authentication. X. With respect to Actions brought in respect of any Proceeding under the Provisions of this Act, be it enacted, That if, before an committed anv Irregular Power to construct Works. gful or by virtue of any Power or Authority given by this Act, make sufficient Tender of Satisfaction, the Plaintiff shall not recover in any Action brought on account of such Irregularity, Trespass, or other wrongful Proceeding; and if no such Tender shall have been made, it shall be lawful for the Party offending, by leave of the Court where such Action shall be pending, at any Time before Issue joined, to pay into Court such Sum of Money as he shall think fit, and thereupon such Proceedings shall be had as in other Cases where Defendants are allowed to pay Money into Court. XI. It shall be lawful for the Council, if they shall think fit, to widen so much of the Street in the Township and Parish of Manchester called Clarence Street as is situate between Kennedy Street and Ban- oft Dwnship of Chorlton-upon-Medlock and Parish of Manchester Oxford Street or Oxford Road which is situate between Clifford Street and High Street Whereas Plans and Sections of the proposed Works Books of Reference containing the Names of the Owners, Lessees, and Str ts to be madeaccord- positedPlans. Occupiers, or reputed Owners, Lessees, and Occupiers of the Houses and Lands through, in, or upon which the same are respectively intended to be made, have...

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