Tiverton Corporation Act 1939

Publication Date:January 01, 1939
 
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Tiverton Corporation Act 1939

(2 & 3 Geo. 6) c. lxv

An Act to empower the mayor aldermen and burgesses of the borough of Tiverton to construct waterworks to confer further powers upon them with respect to their water undertaking to make further and better provision with respect to the health local government improvement and finance of the borough and for other purposes.

[13th July 1939]

2 & 3 Geo. 6. Tiverton Corporation Ch. lxv. Act, 1939. k f0R THE *J CHAPTER lxv. An Act to empower the mayor aldermen and burgesses of the borough of Tiverton to construct waterworks to confer further powers upon them with respect to their water undertaking to make further and better provision with respect to the health local government improvement and finance of the borough and for other purposes. [13th July 1939.] W HEREAS the, borough of Tiverton (hereinafter referred to as " the borough ") is a municipal borough under the government of the mayor aldermen and burgesses of the borough (hereinafter referred to as the Corporation "): c. 55. ,, ^d whereas in the exercise of their powers under the Public Health Act 1875 and the Acts amending the 38 & 39 Vict. same the Corporation are supplying water within the " KK borough: And whereas further works for the supply of water within the borough are urgently needed and it is expedient to empower the Corporation to construct tne waterworks authorised by this Act and to acquire iands for the purposes thereof: And whereas it is expedient to make further £f0V1n1(m with resPect to the water undertaking of tne Corporation and the health local government improvement and finance of the borough and to A 1 Ch.. lxv. Tiverton Corporation 2 & 3 Geo. 6 Act, 1939. enlarge and extend the powers of the Corporation in relation thereto: And whereas it is expedient that the other provisions contained in this Act should be enacted: And whereas the purposes of this Act cannot be effected without the authority of Parliament: And whereas estimates have been prepared by the Corporation for the purposes hereinafter mentioned and such estimates are as follows: f The purchase of lands and easements under the powers of this Act .. 400 The construction of the works authorised by this Act (except pumping machinery sedimentation plant and gauges) .. .. 4,800 The provision of pumping machinery sedimentation plant and gauges .. 1,800 And whereas the works included in such estimates are permanent works and it is expedient that the cost thereof should be spread over a term of years: And whereas a plan and sections showing the lines and levels of the works authorised by this Act and a plan of the lands which may be taken or used compulsorily or in which easements may be acquired compulsorily under the powers of this Act and a book of reference to that plan containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of those lands respectively have been deposited with the clerk of the county council of the administrative county of Devon and are in this Act respectively referred to as the deposited plan the deposited sections and the deposited book of reference: And whereas in relation to the promotion of the Bill for this Act the requirements of Part XIII of the 23&24 Local Government Act 1933 have been observed: Geo. 5. c. 51. -,r .. . , ., May it therefore please Your Majesty that it may be enacted and be it enacted by the King's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons 2 2 & 3 Geo. 6. Tiverton Corporation Chu lxv. Act, 1939. in this present Parliament assembled and by the authority of the same as follows: Pake I. Preliminary. 1. This Act may be cited as the Tiverton Short title. Corporation Act 1939. 2. This Act is divided into Parts as follows: Division of Part I.-Preliminary. ^t0 Part II.Works. Part III.Lands. Part IV.Supply of water. Part V.Streets and buildings. Part VI.Finance. Part VII.Miscellaneous. Subject to the provisions of this Act the Application of provisions of the Act of 1936 shall apply to the water IcS^* undertaking of the Corporation and the supply of 26 Geo. 5. & water by them. £57"8' The following enactments (so far as the same Incorpora-are applicable for the purposes and are not inconsistent tion of with the provisions of this Act) are hereby incorporated cts' with this Act: (1) The Lands Clauses Acts with the following exceptions and modification: (a) Sections 127 to 132 of the Lands 8 & 9 Vict. Clauses Consolidation Act 1845 (relating to c-18- the sale of superfluous lands) are not incorporated with this Act; (b) The bond required by section 85 of the Lands Clauses Consolidation Act 1845 shall be under the corporate seal of the Corporation and shall be sufficient without the addition of the sureties mentioned in that section: (2) The provisions of the Waterworks Clauses 10 & 11 Vict, Act 1847 which are incorporated with the c-17- Act of 1936 (with the modifications of those A2 3 Ch. lxv. Tiverton Corporation Act, 1939. 2 & 3 Geo. 6. Past I. ami. 26 & 27 Vict. c. 93. 8 & 9 Vict. c. 20. Interpretation. provisions made in the Act of 1936) and in addition thereto Sections 6 8 9 10 11 12 13 14 and 15 with respect to the construction of the waterworks; and Sections 16 and 17 with respect to the construction of works for the accommodation of lands adjoining the waterworks: The Waterworks Clauses Act 1863 except section 15 thereof: The provisions of the Railways Clauses Consolidation Act 1845 with respect to the temporary occupation of lands near the railway during the construction thereof and in such provisions for the purposes of this Act " the railway" means the waterworks authorised by this Act and " the centre of the railway " means the centre of such waterworks respectively. 5.(1) In this Act the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith or by the Act of 1936 shall have the same respective meanings unless there be something in the subject or context repugnant to such construction. (2) In this Act unless the subject or context otherwise requires " The borough " means the borough of Tiverton; " The Corporation" means the mayor aldermen and burgesses of the borough; "The town clerk" "the surveyor" and "the waterworks engineer" mean respectively the town clerk and the surveyor of the borough and the waterworks engineer of the Corporation; " The general rate fund " and " the general rate " mean respectively the general rate fund and the general rate of the borough; " The county council" means the county council of the administrative county of Devon; 2 & 3 Geo. 6. Tiverton Corporation Ch. lxv. Act, 1939. " County road" means a road vested in or . Past i. repairable by the county council; cont. " The railway company" means the Great Western Railway Company; " The Minister " means the Minister of Health; " Telegraphic line " has the same meaning as in the Telegraph Act 1878; *l & 42 Vict. c 76 " The water undertaking" means the water undertaking of the Corporation as from time to time existing; " Statutory security " means any security in which trustees are for the time being by or under any Act of Parliament passed or to be passed authorised to invest trust money and any mortgage bond debenture debenture stock stock or other security authorised by or under any Act of Parliament passed or to be passed of any county council or municipal corporation or other local authority as defined by section 34 of the Local Loans Act 1875 but 38 & 39Vict. does not include annuities rentcharges or c. 83. securities transferable by delivery or any securities of the Corporation ; " Authorised security " means any mortgage stock bond or other security which the Corporation are for the time being authorised to grant create or issue or upon or by means of which the Corporation are for the time being authorised to raise money ; " Statutory borrowing power " means any power whether or not coupled with a duty of borrowing or continuing on loan or re borrowing money or of redeeming or paying off or creating or continuing payment of or in respect of any annuity rentcharge rent or other security representing or granted in lieu of consideration money for the time being existing under any Act of Parliament public or local passed or to be passed or under any Provisional Order confirmed by Act of Parlia ment passed or to be passed or under any order or sanction of any Government department made or given or to be made or given by A3 5 Oh. lXV. Tiverton Corporation 2 & 3 Geo. 6 Act, 1939. PiaT I. authority of any Act of Parliament passed or font. to be passed but does not include the power to borrow by way of temporary loan or overdraft which is conferred by paragraph (a) of subsection (1) of section 215 of the Act of 1933; " The Lands Clauses Acts" means the Lands 9 & 10 Clauses Acts as modified by the Acquisition Geo. 5. c 57. 0£ jjan(j (Assessment of Compensation) Act 1919 and by this Act; " The Public Health Acts" means the Public Health Act 1875 and the Acts amending and extending the same and includes the Act of 1936; " The Act of 1933 " means the Local Government Act 1933 ; " The Act of 1936 " means the Public Health Act 1936; " Local enactment" includes this Act and any local Act Order byelaw or regulation for the time being in force within the borough. Part II. Works. Power to 6. The Corporation may make and maintain and construct from time to time alter renew and reconstruct in the works ^nes an ^ situations and on in or under the lands delineated on the deposited plan and described in the deposited book of reference and according to the levels shown on the deposited sections the waterworks hereinafter described: In the county of Devon In the borough Work No. 1 An aqueduct conduit or line or lines of pipes with intake commencing in the river Exe at a point eastwards of the southernmost end of the weir known as Bolham Weir and terminating in the...

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