Newark Corporation Act 1891

Publication Date:January 01, 1891
 
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Newark Corporation Act 1891

(54 & 55 Vict.) c. cxxii

An Act to enable the mayor aldermen and burgesses of the borough of Newark to construct waterworks and supply water to the said borough and adjacent places and to acquire the undertaking of the Newark-upon-Trent Waterworks Company and for other purposes.

[21st July 1891]

[54 & 55 Vict.] Newark Corporation Ad, 1891. [Ch. CXXii.] CHAPTER cxxii. An Act to enable the mayor aldermen and burgesses A-D-1891. of the borough of Newark to construct waterworks and supply water to the said borough and adjacent places and to acquire the undertaking of the Newark - upon-Trent Waterworks Company and for other pur poses. [21st July 1891.] W HEREAS the borough of Newark in the county of Nottingham is a borough subject to the Acts relating to municipal corporations and the mayor aldermen and burgesses of the said borough (herein-after called " the Corporation ") acting by the council are the urban sanitary authority for the district thereof : And whereas the said borough is supplied with water by the Newark-upon-Trent Waterworks Company a joint stock company herein-after called " the company " : And whereas it is expedient that the supply of water to the said borough should be under the control of the Corporation and that they should be authorised to construct the waterworks in this Act described: And whereas it is expedient that the Corporation be authorised to acquire the waterworks of the company on terms that have been agreed on between the company and the Corporation and to maintain and improve the same : And whereas the capital of the company is fourteen thousand pounds in one thousand four hundred shares of ten pounds each the whole of which is fully paid up and the company now owe the sum of ten thousand pounds on mortgage : And whereas the works by this Act authorised would enable the Corporation to supply certain places adjacent to the said borough which are in want of water and it is expedient that the Corporation be authorised to afford such supply: [Price 2s. 3d.] A 1 [Oh. CXxii.] Newark Corporation Ad, 1891. [54 & 55 Vict.] And whereas it is expedient that the Corporation be authorised to borrow money for the purposes of this Act: And whereas the borough is divided into three wards called the East Ward the North Ward and the South Ward but since the division the population and rateable value have increased to a greater extent in the East Ward than in the other wards: And whereas the borough for the purpose of the Local Grovernment Act 1888 has been divided into three electoral divisions having as nearly as may be equal populations and it is expedient that the boundaries of the said wards should be altered so as to correspond with the boundaries of those divisions : And whereas the objects aforesaid cannot be effected without the authority of Parliament: And whereas the Corporation have caused estimates to be prepared for the following purposes and the amounts thereof are as follows (that is to say): For the purchase of land and for the execution of the works by this Act authorised fifty-six thousand and thirty-four pounds; and For new mains and extensions of mains and service pipes twenty thousand pounds: And whereas the works included in such estimates are permanent works within the meaning of the two hundred and thirty-fourth section of the Public Health Act 1875 : And whereas an absolute majority of the whole number of the council at a meeting held on the thirtieth day of September one thousand eight hundred and ninety after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in the " Newmarket Advertiser " a newspaper published and circulating in the borough (such notice being in addition to the ordinary notices required for summoning such meeting) resolved that the expense in relation to promoting the Bill for this Act should be charged on the district fund and general district rate of the borough : And whereas such resolution was published once in the said newspaper and once in the " Newark Herald" which is also a local newspaper circulating in the borough and has received the approval of the Local Government Board : And whereas the' propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the council at a further special meeting held in pursuance of a similar notice on the fifth day of January one thousand eight hundred and ninety-one being not less than fourteen days after the deposit of the Bill for this Act in Parliament: 2 [54 & 55 Vict.] Newark Corporation Act, 1891. [Ch. CXXii.] And whereas the owners and ratepayers of the borough by A.D. 1891. resolution in the manner provided by Schedule III. to the Public Health Act 1875 consented to the promotion of the Bill for this Act: And whereas plans and sections describing the lines situations and levels of the works authorised by this Act and books of reference to those plans containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act were duly deposited with the clerk of the peace for the county of Nottingham and are in this Act referred to as " the deposited plans sections and books of reference " : 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 (that is to say): This Act may be cited as the Newark Corporation Act 1891. Short t;tle- The following Acts (so far as the same are applicable for the Provisions of purposes and are not inconsistent Math the provisions of this Act) certtu" are hereby incorporated with this Act (namely) : incorporated. The Lands Clauses Acts ; The "Waterworks Clauses Act 1847 as amended by section 57 of the Public Health Act 1875 (except the provisions with respect to the amount of profit to be received by the undertakers when the waterworks are carried on for their benefit); and The Waterworks Clauses Act 1863. 3. In this Act unless the subject or context otherwise Interprera- require tion- Terms to which meanings are assigned by enactments incorporated with this Act or which have therein special meanings have in this Act and for the purposes of this Act the same respective meanings; '; The borough " means the borough of Newark ; " The Corporation "' means the mayor aldermen and burgesses of the borough; " The council " means the town council of the borough ; " The town clerk " means the town clerk of the borough ; "The district fund" and. " the general district rate" mean respectively the district fund and the general district rate of the borough ; " The undertaking of the company " means and includes the undertaking works lands easements plant stock in trade and A 2 3 A.D. 1891. Act to be executed by council. Limits of Act. Sale of pipes &c. oxitside borough. [Ch. CXXii.] Newark Corporation Act, 1891. [54 & 55 Vict.] ail other property (real and personal) of every description (including things in action and all books plans and documents necessary to enable the Corporation to carry on the business of the said undertaking and to perform the duties and obligations of this Act) and all rights and privileges under contract or otherwise belonging to or enjoyed or exercisable by the company save and except the cash and balance in respect of profits of the said undertaking at the twenty-ninth day of September one thousand eight hundred and ninety and the reserve and suspense funds existing at that date ; "The water undertaking" means the water undertaking of the Corporation; "Water revenue" means all net moneys received for or in relation to the water undertaking other than borrowed moneys and other moneys which ought to be carried to the account of capital; " Annuities " means the annuities issued by the Corporation to shareholders of the company under the provisions of this Act: For the purposes of this Act in the Acts wholly or partially incorporated with this Act " the undertakers" or " the promoters of the undertaking " means the Corporation : And the expression " superior courts " or " court of competent jurisdiction " in this Act and for the purposes of this Act in the Acts incorporated herewith or any other like expression shall be read and have effect as if the debt or demand with respect to which the expression is used were a simple contract debt and not a debt or demand created by statute. This Act shall be carried into execution by the Corporation acting by the council. The limits of this Act shall be the parishes townships extra parochial and other places of Newark-upon-Trent those parts of the parishes of Averham and Kelham included between the Eiver Trent and the Newark Navigation and known as "the Island" and the parishes of Farndon Hawton Balderton Coddington and Winthorpe all in the county of Nottingham. The Corporation shall if required by any other sanitary authority sell to such other sanitary authority such portion of their works pipes and mains as is contained within the district of such sanitary authority (excepting all such pipes mains and other works required and used or that may be required and used for supplying and conveying water into and for any other part of the area for the time 4 [54 & 55 Vict.] Newark Corporation Act, 1891. [Oh. CXxii.] being included within the limits of supply of the Corporation) at such a.D. 1891. price and upon and subject to such terms and conditions as may be settled by agreement between the Corporation and such sanitary authority or failing agreement as may be determined by an arbitrator to be appointed for such purpose by the Local Government Board on the application of either party and after such sale all obligations and powers of the Corporation to supply water...

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