Oldham Borough Improvement Act 1865

JurisdictionUK Non-devolved
Citation1865 c. cccxi
ANNO VICESIMO OCTAVO & VICESIMO NONO
VICTORLE REGINiE.
Cap,
cccxi.
An Act for defining and extending the Powers of
the Corporation of Oldham in relation to the
Improvement of Streets in the Borough, and to
Police and other Matters of local Government,
and to Gas and Water Supply; and for other
Purposes. [5th July 1865.]
W
HEREAS an Act (Local) was passed in the Seventh Year
of King George the Fourth, intituled An Act for paving, 7 G. 4.
watching, lighting, cleansing, and improving the Town- c-CXV11
ship of Oldham in the County of Lancaster, and for regulating the
Police
thereof,
whereby Commissioners were constituted and em-
powered for the Purposes in the Title of that Act indicated: And
whereas subsequently the Inhabitants of the Township of Oldham
were incorporated under the Authority of the Acts relating to Muni-
cipal Corporations, and the Powers of the Commissioners under the
said Local Act have since been duly transferred to and are now vested
in the Corporation of the Borough of Oldham : And whereas on the
Twenty-eighth Day of August One thousand eight hundred and sixty-
three the Council of the Borough, with a view to alleviate the Distress
existing among the Factory Operatives, and for that Object to obtain
for the Borough the Benefit of a Loan under the Public Works (Manu-
[Local.~\ 54 K facturing
4914 28° & 29° VICTORIA, Ca/>.cccxi.
The Oldham Borough Improvement Act, 1865.
facturing Districts) Act, 1863, and in order to enable themselves to
apply such Loan for a Place of public Recreation, and for Purposes
of Street and private Improvement, and other useful Purposes in the*
Borough, more effectually than they would be able to apply the
same under the Provisions of the said Local Act alone, did by Reso-
lution adopt and apply to the Borough divers Parts of the Public
Health Act, 1848, and the Local Government Act, 1858, and the
Local Government Act (1858) Amendment Act, 1861, relative to
Sewerage and Drainage, Management and Improvement of Streets,
and rating and other Matters of local Government, and the Provisions
so adopted and applied are now in force in relation to the Borough:
And whereas it is highly inconvenient for the Borough that there
should be in force therein a Variety of Provisions affecting the Im-
provement and Government of the Borough comprised in different
Acts not harmonizing in their Language, and frequently conflicting
in their Effect, and it is therefore expedient to reduce into One Act
the Enactments in force relative to the Improvement and Government
of the Borough, and to simplify and amend them : And whereas it is
expedient at the same Time to extend in various respects the Powers of
the Corporation relative to Matters comprised in the said Enactments
and to other Matters of local Government: And whereas the Pur-
poses 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 Com-
mons,
in this present Parliament assembled, and by the Authority of
the same, as follows; (that is to say,)
I.—PRELIMINARY.
Short
Title.
1. This Act may be cited as " The Oldham Borough Improvement
Act, 1865."
Commence- 2. This Act shall commence from and immediately after the Eighth
ment
o
c . £ay Q£ jyovmfrer Qne thousand eight hundred and sixty-five.
Interpreta- 3. In this Act
Terms.
The Term " tne Borough " means the Municipal Borough of
Oldham, and the Terms " the Corporation," " the Mayor," " the
Council," " the Watch Committee," " the Town Clerk," " the
Treasurer," and " the Surveyor " mean respectively the Mayor,
Aldermen, and Burgesses of the Borough, and the Mayor,
the Council, the Watch Committee, the Town Clerk, the
Treasurer, and the Surveyor for the Time being of the Borough :
The Term "the Municipal Corporation Acts" means the Act of
the Session of the Fifth and Sixth Years of King William the
Fourth (Chapter Seventy-six), "to provide for the Regulation
"of
28°
&
29° VICTORIA,
Cap.cccxi.
4915
The Oldham Borough Improvement Act, 1865.
" of Municipal Corporations in England and Wales,"' and all
Acts for the Time being in force amending the same or
otherwise relating to Municipal Corporations in England :
The Term " Person
"
includes an incorporated Company and any
Corporation Aggregate or Sole :
The Term "Justice" means a Justice of the Peace for the
Borough or a Justice of the Peace for the County Palatine
of Lancaster :
The Term "Two Justices" means Two or more Justices assembled
and acting together in Petty Sessions for the Borough, or any
Stipendiary Magistrate acting for the Borough :
The Term " Court of Quarter Sessions" means the Court of
General or Quarter Sessions for the County Palatine of Lan-
caster holden for the Hundred of Salford :
The Term " the deposited Plans, Sections, and Book of Refer-
ence"
means the Plans, Sections, and Book of Reference
deposited for the Purposes of the Application for this Act
with the Clerk of the Peace for the County Palatine of
Lancaster:
The Term " Street" includes the whole or any Part of any
Square, Street, Highway, Road, Lane, Carriageway, Bridge,
Thoroughfare, Footway, or Pathway made before or after the
Commencement of this Act:
The Term " Court" means the whole or any Part of any Court,
Alley, Entry, Passage, Yard, Way, or Place made before or
after the Commencement of this Act, and used with or appur-
tenant to Two or more Dwelling Houses:
The Term " Owner " means the Person who for the Time being
receives the Rackrent of the Lands with reference to which
that Term is used, whether on his own Account or under or
by virtue of any Mortgage or Charge, or as Agent or Trustee
for any other Person, or who would so receive the same if such
Lands were let at a Rackrent, and includes every successive
Owner from Time to Time of such Lands for any Part of the
Time during which the Enactment wherein that Term is used
operates in relation to such Lands:
The Term " Occupier " means the Person for the Time being in
actual Occupation or Possession of the Lands with reference to
which that Term is used:
The Term " Drain " means any Drain, Pipe, Channel, or Gutter
made or used for the Drainage of One Building only, or of
Buildings or Lands within the same Curtilage :
The Term " Sewer
"
means a Culvert or Channel for the Passage
of Water, Sewage, or Refuse, not being a Drain as herein-before
defined: The

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