Tipton Local Board (Gas) Act 1876

Publication Date:January 01, 1876
 
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Tipton Local Board (Gas) Act 1876

(39 & 40 Vict.) c. cxlviii

An Act to enable the Local Board for the district of Tipton in the county of Stafford to purchase from the Corporation of Birmingham so much of the Gas Undertaking acquired by them as is situate in the parish of Tipton, and to light with Gas the said parish; and for other purposes

[13th July 1876]

CHAPTER cxlviii. Ail Act to cnal,lc thc 1,ocnl Board for. the disti*ict of ?'i],ton A.D. is;(;. - ill tlic county of StaiForcl to piirchasc: fro111 tlic Coqmwt ion of 33ii~niiing1i;1iit so niiich of the Gas Undertaking acqiiirecl 1~~7 tliciii as is situate in the parish of Tipton, nncl to light villi Gas the snicl parish ; and for otliei* 1iiirposcs. [13th July 1S7G.I IIEREAS the Local Boarcl for the district of Tiptoii in thc county of Stafforcl (in this Act called the rcB~&r~Zy') is a local lm~rcl cluly constituted unclcr the Pnblic Health Acts in forcc previously to the passing of the Public Eealtli Act, 1S75, and the 13oaril's district consists of aiicl is co-cxteiisivc with the parish oi Tipton in the said eoLiiity of Stafforcl, ancl the Board is tlic local authority of such district : And wlicreas by aii Act passed in tlic sixth fear oi tlic reign of King George the Fourth, intituled ir An Act to establisli an 6 G. 4. " atlclitional Company for inorc effectually lighting with gas the '* lXsi'* " lomi of Birmiiigliani, aiicl certain otlicr parislies aiicl places in tlic " co~iiities of Warwick and Stafforcl," tlic Birmingham and XtnEorclsliire Gaslight and Coke Coiiipny (in this Act referred to as the " Staflordshire Company ") n-eic incorpratecl, and by divers subsequent Acts the povcrs of' tlinl Company WCTC enlarged, ancl ~OTIW was aiiioiigst other tliiu gs confcrrccl upon them to light with gas the said pi-ish of Tipton as cz part of their district, which under those Acts 01' some or oiic of them extendecl several miles 1)eyoiid tlic town or horough of Biriiiingliam in various dircctioiis : And whereas tlic Btafl'ordshirc Coiiipany have cxcrcisecl tlic poii~ers coiiferrccl upon thcni as herein-bcf ore nicnlioncd, ancl linvc for inany years past supplied gas to tlic puis11 of Tipton, ancl they nonr do so, OF they continued to do so until tlic transfer of their uiideilnking to tlic Corpamtion of iziriiiiiigl~ mi as hcrcin-aftcr iiieatioiicil : [ Lcccrl.-4 18.1 A 1 [Ch. cxlviii.] The Fiptofz Eocal Board (Gas) Act, 1876. [39 & 40 VICT.] 1876. And whereas by the Birmingham (Corporation) Gas Act, 1875, 38&,'39Vic,. (in this Act referred to as the Corporation Act) the sale and c. clxniii. transfer to the Mayor, Aldermen, and Burgesses of thc borough of Birmiiigham (in this Act referred to as the Corporation) of the undertaking rcvpectively of tlic Birmingham Gaslight and Cokc Company (in this Act referred to as tlie Birmingliam Company) and of tlic Staffordshire Company were authorised, and by virtue of that Act the undertakings and property of those companies respectively are now vested in tlic Corporation : And whereas whilst the Bill for the Corporation Act was pending in Parliament, the acquisition by or granting to the Corporation of any power or jurisdiction affecting tile district of Tipton was opposcd by the Board, and upon their opposition and that of thc proper representatives of other districts included within the limits o the Staffordshire Company, provisions were inserted in thc Corporation Bill to the effect follon7ing : (Section 40.) If any local or sanitary authority or autho- rities within tho limits of supply of the Staffordshirc Company, sliall bring in a Bill in tlie next or next succeeding session of Parliaiiient for tlic purchase of that portion of the gas unclcr- taking now of the Staffordsliire Company, which is contaiued within the district of such local or sanitary authority or authorities, save and except the land of the Company, and tlic West Bromwich works, and the main or mains extending there- from to the borough, by agreement, or, failing agreement, by arbitration, under the Companies Clauses Consolidation Act, 1845, then the Corporation shall not oppose such application to Parliament, except 011 clauses, and in case such Bill shall pass into law, then in case such local or sanitary authority or authorities give notice of their intention to purchase within two months after the passing of such Act, the Corporation shall sell, and such local or sanitary autlmrity or authorities shall buy the portion 01' portions of the said unclertaking, in the manner herein-bef ore nientioned, and one such arb; tratioiz shall determine tlie priiiciplc of valuation as between the Corporation and any other authority or authorities within the limits aforesaid ; providcd that before any such arbitration as aforesaid shall be held, oiie month's notice in writing shall bc given by tlie Corporation to each of tlie local authorities or sanitary autlioritics within the limits of this Act, of tlie intention of thc holding, and of the time and place of such arbitration ; aiid cadi of such local or sanitary anthorities is Iiercl~y nutlioviserl to appcar and lie I~carcl before such arbi- - 2 [30 & 40 VICT.] The Z'@to?z Local Bonrd (Gas) [Ch. cx1viii.J Set, lS76. trator or arbitrators by their counsel, agents, and witnesses. Ad. 18%. And the Corporation shall apply tlic proceeds of any sale tincler -- this section, in the first place, in paying off the amount (if any) payable to the Birmingham Company under the scheduled agreement with them, and in the next place in paying off money owing by them under this Act on mortgagc, or corporation debenture stock, or gas debenture stock, or in redeeming annuities or in purchasing other land and property, and constructing works in connexion with their gas under- taking, and for other purposes in connexion therewith, for which capital is properly applicable : (Section 42.) The Corporation may, at any time after the passing of this Act, sell to any sanitary authority within tlic liniits of supply of the Staffordshirc Coiiipany that portion of the gas undertaking now of the Staffordshirc Company which is contained within the district of sucli sanitary autlioi*ity (except thc mains and pipes or other apparatus which shall lie necessary for supplying with gas any otlicr district or districts), upon sucli terms ancl coiiditions as may be agreed on betmceii the parties, and such sanitary authority may, when duly authorised in that behalf, purcliase aiicl hold the same, and the Corporation shall apply the proceeds of any sale under this section in tlic same manner as they are required to apply tlic proceeds of aiiy sale under section forty of this Act : And whcreas the Board are desirous of purchasing in accordance with the provisions of tlic Corporation Act, and it is expedient that they should be enabled to acquire so much of the ~mdertaliing of the Corporation as is within their owii district, and in coiinexioii therewith to erect gasworks and to light with gas their said district: Alld whereas it is expedient that tlie Board should be authorised to raise money by borrowing, and otherwise as in this Act providcd, 10r the purposes thcrcof : And mliereas an estimate has been prepared by tlic Board of thc amonnb required for the prchasc of land and for the execution of' tlie works by this Act authorised, and such estimatc amounts to the sum of twenty-five thousand powids : And Tvhercas tlie sevcral ~17orks includecl in such estimate are permanent works within the meaning of tlic two hundrcd aid thirty-fourth section of the Pubiic Health Act, 1875 : And whereas an absolute majority of the whole iiuinber of tlie members of the Board, at a meeting held On the fifteenth day of Novciiiber 1875, after ten clcar days noticc l3y public advertisc- A2 3 fCh. cxlviii.] The Tiptom Local Boaid (GCCS) [39 & 40 VICT.] Act, 1876. A.D. 1876. ment of such meeting and of the purpose thereof in the (` Birming- ham Daily Post," a local newspaper published or circulating in the clistrict of the Board, such notice being in addition to the ordinary U oticcs reqnirecl for summoning such mecting, resolvccl to promote the Bill for this Act, and that blic expenses in relation to such promotion shoulcl be cliargcd on the puldic f uiids and rates under the control of tlie said Boarcl : And whereas such resolution was published twice in the said cc Birniiiighain Daily Post," and has received the approval of tlie Local Governincnt Board : And wlicreas the propriety of the promotion of the Bill for this Act mas confiriiied by an absolute majority o the mliole number of tlic members of tlic Board at a further special meeting liclcl in pursuaiice of a similar iiotice on the twenty-fifth day of' January, 1)eiiig not less thau fourteen clays after the deposit of the Bill in Parliament : And whereas tlic owners ancl ratepayers of tlic district of tlic Boa~d, by resolution in the niaiiiicr provided in the Public IIcalth Act, 1875, coiisented to the promotion of the Bill for this Act : And whereas plans showing the laiids to be taken ~i~icr tlic powers of this Act for gasworks purposes, and a book of rel`crence io tliosc plans contaiiiing the names of the owners or reputed owners, lcssees or reputed lessees, and of the occupiers of those lands, liavc 1)ceii deposited with the clerk of the peace for the county of Stafl'ord, ancl those plans and book of reference are in this Act mspcctively referred to as the deposited plans and book of rc~!'crence : And whereas the objects aforcsnicl cannot be attained without the authority of Parliament : ?,lay it therefore please Your Xajcsty that it iiiay be enacted ; aiict bc it enacted by tlic Queen's most Excellcnt Majesty, by a11d with the advice ancl coiiscnt of tlic Lords Spiritual ancl Tcnipora], and Commons, in this present Parlianiciit assemblccl, ancl 11y tile authority 01 the same, as follows : 1. This Act may for all p~~rposm be cited as The l'ipton Local Board (Gas) Act, 1876. ProviGons 2. ?`be folloi~~ing...

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