Middlesbrough Improvement Act 1858
| Jurisdiction | UK Non-devolved |
| Citation | 1858 c. cxl |
| Year | 1858 |
ANNO VICESIMO PRIMO & VICESIMO SECUNDO
VICTORLE REGIN.E.
Cap,
cxl
An Act to alter and improve the Boundaries of the
Municipal Borough and District of Middles-
brough ;
to enable the Local Board of Health of
the District to enlarge the Market Place ; to
enable the Corporation to construct Landing
Places on the North Side of the River Tees,
and to establish a public Passage up and over
the said River; to transfer the Powers of the
Burial Board to the Local Board ; and to confer
other Powers on the Local Board and the
Corporation ; and for other Purposes.
[2d August 1858.]
W
HEREAS an Act was passed in the Fourth and Fifth Years of
the Reign of Her present Majesty, Chapter Sixty-eight, inti-
tuled An Act for
paving,
lighting,
watching,
cleansing,
and
other-
4
&
5 Vict.
wise improving the
Town of Middlesbrough, and
the Neighbourhood
thereof,
c< lxvin-
in the North Riding of
the County
of York, and for
establishing
a Market
therein, whereby Commissioners (herein-after called " the Commis-
sioners
")
were appointed for putting the said Act (herein-after called
[Local.] ro H " the
2238 21° & 22° VICTORIA,
Cap.ud.
The
Middlesbrough Improvement
Act, 1858.
" the First Improvement Act") into execution within certain Limits
denned in the Eighty-eighth Section of the said Act, which Limits com-
prise the whole of the Township of
Middlesbrough,
and a Piece of Land,
heretofore called Bell's Indosure and Salt
Land,
situate in the adjoining
Township of
Linthorpe,
except only out of those Limits certain Lands
in the said Section described
:
And whereas by a Charter dated at West-
minster the Twenty-first Day of January, in the Sixteenth Year of the
Reign of Her present Majesty, the Inhabitants of the District com-
prised within the Boundary and Limits of the said Town, as defined in
the Eighty-eighth Section of the First Improvement Act, and their Suc-
cessors, were incorporated by the Name of " the Mayor, Aldermen, and
Burgesses of the Borough of
Middlesbrough,"
with Power to have a
Common Seal, to use and assume Armorial Bearings, and to purchase
and hold Lands, and other Powers, and the said Corporation (herein-
after called " the Corporation") were subjected to all the Provisions of
the Act for the Regulation of Municipal Corporations in England and
Wales, in the same Manner as if the said Borough of
Middlesbrough
had
been included in the Second Section of the Schedule (B.) to the said
Act: And whereas under a Provision for that Purpose, contained in the
First Improvement Act, all the Powers thereby conferred on the Com-
missioners became, upon the Incorporation of the said Borough, vested
in the Corporation: And whereas by a Provisional Order of the General
Board of Health, dated the Eighteenth of July One thousand eight
hundred and fifty-five, and confirmed by "The Public Health Supple-
mental Act, 1855," the Powers of "The Public Health Act, 1848,"
relating to corporate Districts, except Section 95., were applied to the
District of the said Borough as defined by the said Charter of Incorpo-
ration, and the Corporation was made the Local Board of Health
(herein-after called "the Local Board") of the said District: And
whereas, by the said Provisional Order and the Act of Parliament con-
firming it, certain Parts of the said First Improvement Act were re-
pealed, and the remaining Provisions
thereof,
and all Property vested
in the Commissioners or Corporation by virtue of that Act, were vested
in the Local Board, and were extended and made applicable to the
whole of the said District: And whereas under Powers for that Pur-
pose contained in the First Improvement Act, a Market Place was
provided in the said Town for the Sale of Cattle, Animals, and Provi-
sions,
and other marketable Commodities, and the Local Board are
authorized to take Tolls for the Use of such Market Place and the Stalls
and Conveniences connected therewith: And whereas by " The
Middles-
brough Improvement Act, 1856," (herein-after called "the Second Im-
provement Act,") the Local Board were authorized to purchase certain
Lands and Houses for the Enlargement and Improvement of the said
Market Place, and they have since purchased a Portion of such Lands
and Houses for those Purposes : And whereas other Lands and Houses
adjoining the Lands and Houses so purchased could be advantageously
used
21° & 22° VICTORLE, Cap.cxl 2239
The Middlesbrough Improvement Act, 1858.
used for the Enlargement of the said Market Place, and it is expedient
that the Local Board should be authorized to purchase and use the same
for such Purpose : And whereas by the Second Improvement Act Pro-
vision was made for dividing the Borough into Wards at a future Period,
and for increasing the Number of the Council; and it is expedient that
the same should be amended, and that the Boundaries of the said Boroueh
and District should be altered, enlarged, straightened, and improved : And
whereas by the Second Improvement Act the Corporation were empowered
to construct a public Wharf and Landing Place at the existing Ferry Boat
Landing on the South Side of the River
Tees,
and to establish a public
Passage over the River Tees to an existing Landing Place opposite
thereto, then in the Possession of the West Hartlepool Harbour and
Railway Company, (in this Act called " the Company,") and claimed
by them, and the Corporation and the Company were authorized to
enter into Arrangements in respect of such Landing Place, and for faci-
litating the Communication across the said River at such Landing Places,
and the Corporation are restrained from constructing any Landing Place
on the North Side of the said River: And whereas while the Bill for
the Second Improvement Act was pending in Parliament, an Agreement
was come to on behalf of the Corporation and the Company with respect
to the
Middlesbrough
Passage and the Landing Places for the same, and
a Copy of that Agreement is given in the Schedule (A.) to this Act
annexed; and whereas the Corporation and the Company respectively
have adopted that Agreement, or otherwise treated it as binding on them
respectively, and are willing, and it is expedient, that such Provision as
appears by this Act be made for attaining the Objects of that Agree-
ment : And whereas it would be of great Advantage to the Inhabitants
of the said Borough if a public Landing Place on the North Side of the
said River
Tees,
near Billingham Lane, (in this Act called " the Billing-
ham Lane Landing Place,") with an Approach thereto from that Lane,
were established, and if the Corporation were authorized to establish a
Second Ferry or public Passage (in this Act called " the Billingham
Lane Passage") across and up the said River from the said authorized
Wharf and Landing Place on the South Side of the said River to the
said proposed Landing Place near Billingham Lane, and the Corpora-
tion are willing to undertake the Construction and Maintenance of the
same: And whereas it would tend to diminish the Expense of managing
the Burial Board of the said Township of
Middlesbrough
if the Powers
thereof were transferred to and vested in the Local Board of the said
District, and they are willing to undertake such Powers : And whereas
the Queen's most Excellent Majesty is or claims to be seised in right of
Her Crown of the Bed and Shores of the River Tees below High-water
Mark, except only such Part or Parts of the same as may have been
heretofore granted by or on behalf of the Crown to any Subject or
Subjects : And whereas in order to carry into effect the several Powers
to be vested in the Corporation, it is necessary that they should be
enabled
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