Wigan Corporation Act 1902
|Publication Date:||January 01, 1902|
Wigan Corporation Act 1902
(2 Edw. 7) c. ccxxviii
An Act to confer further powers upon the mayor aldermen and burgesses of the borough of Wigan in regard to the acquisition and construction of tramways and light railways and the construction of street improvements and to make further provision in regard to the health local government and improvement of the said borough and for other purposes
[8th August 1902]
I2 EDW. 7.1 Wigan Corporation Act, 1902. [Ch. ccxxviii.] CHAPTER ccxxviii. An Act to confer further powers upon the niayor aldermen A.D. 1902. - and burgesses of the borough of Wigan in regard to the acquisitioii and construction of tramways and light railways and the construction of street improvements and to make further provision in regard to the health local government and improvement of the said borough and for other purposes. [8th August 1902.) IIEREAS the borough of Wigan in the county palatine of Lancaster is a county borough under the government of the mayor aldermen and burgesses of the borough of Wigan (in this Act called " the Corporation ") : And whereas powers for the construction of tramways in the borough and in the neighbourhood thereof are conferred by the following Orders and Acts namely :- The Wigan Tramways Order 1879 (confirmed by the Tramways 42 & 43 Vict. The Wigan Tramways Order 1884 (confirmed by the Tramways 47 &48 Vict. c. lxxx. The Wigan Corporation Act 1893 ; 56 & 57 Vict. c. clxxxii. The Wigan and District Tramways Order 1895 (confirmed by the 58&: 59 Vict, c. ci. The Wigan Corporation Act 1898 ; 61 & 62 Vict. The Wigan Corporation Tramways Order 1900 (confirmed by the 63 A G4 Vict. The Wigan Corporation Act 1901 ; c. cxciii. Orders Confirmation Act 1879) ; Orders Confirmation (No. 2) Act 1884) ; Tramways Orders Confirmation (No. 2) Act 1895) ; c. cxsxv. Tramways Orders Confirmation (No. 1) Act 1900) ; and c. cxcviii. 1 Edw. 7. c. clxxxvii. and the tramways constructed in pursuance of those Orders and Acts (except the tramways constructed in pursuance of the Wigan and District Tramways Order 1895 and such of the tramways constructed in pursuance of the Wigan Tramways Order 1879 as are situate in the urban district of Pemberton) are vested in the Corporation subject as to some of such tramways to a lease thereof to the Wigan and [PT~ 3s. sa.] A 1 [Ch. ccxxviii.] Wigan Corporation Act, 1902. [2 FDW. 7.1 *.D. 1902. District Tramways Company Limited (in this Act called `6 the tramway company ") : And whereas by the Wigan Light Railway Order 1902 the tramtray company are empowered to construct the light railway which is therein debcribed and which forms an extension of one of the tramways constructed under the Wignn Tramways Order 1879 : And whereas an agreement for the sale and transfer of the undertaking of the tramway company to the Corporation has been entered into and it is expedient that the said agreement as amended and set forth in the First Schedule to this Act be confirmed and carried into effect : And whereas it is expedient to empower the Corporation to construct and maintain the additional tramway in this Act described and to make further provision in regard to the tramway izndeytaking of the Corporation : And whereas by the Act of 1901 the Corporation are empowered to construct a tramway partly in the urban district oE Standish-with- Langtree but are prohibited from constructing such tramway in that district until certaig roads have been widened and it is expedient to confer powers upon the Corporation for the widening of such roads : And whereas it is expedient to empower the Corporation to acquire lands for and to widen and improve the streets in the borough referred to in this Act : And whereas it is expedient to make further and better provision with reference to the streets and buildings in the borough arid the health local government improvement and management thereof : And whereas it is expedient to empower ttie Corporation to establish a superannuation fund for the benefit of persons in their service : And whereas it is expedient to confer further borrowing powers upon the Corporation for the purposes mentioned in this Act : 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 purchase of lands for and the execution of the following works authorised by this Act and such estimates are as follows :- - s For the purchase of the undertaking of the tramway company and for defraying the costs and expenses incident to such purchase and to the transfer of such undertaking to the Corporation (other than the costs of this Act) - - - - 46,000 2 12 EDW. 7.1 Wigan Co1'pomtio?z Act, 1902. [Ch. ccxxviii. J For altering and adapting the tramways purchased by the Corporation from the tramway company for the purpose of wnrking the same by electrical power and the provision of rolling stock - For the construction of the tramway authorised by this Act the purchase of lands for and the construe- tioii of a tramway depbt and car sheds and for other the purposes of the tramway undertaking of the Corporation - - - For the purchase of the lands which the Corporation are by this Act authorised to purchsse for street improvements and the widening and improvement of streets and roads - For the purchase of insanitary dwellings in pursuance of section 98 of the Wigan Corporation .Act 1889 - And whereas t,ho several works included in such s A.D. 19W. 55,570 28,000 11,000 15,000 estimates respectively are permanent works within the meaning of section 234 of the Public Health Act 1875 : And whereas an absolute majority of tho whole number of the council at a meeting held on the fifth day of December one thousand nine hundred and one after ten clear days notice by piiblic advertisement of such meeting and of the purpose thereof in the Wigan Observer a local 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 borough fund and borough rate : And whereas such resolution was published twice in the said Wigan Observer 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 nineteenth day of February one thousand nine hundred and two being not less than fourteen days after the deposit of the Bill for this Act. in Parliament : And whereas the owners and ratepayers of the borough by resolution in the manner provided in the Third Schedule of the Public Health Act 1875 consented to the promotion of the Bill for this Act : And whereas plans and sections showing the lines and levels of the works authorised by this Act and also a book of reEerence containing the names of the owners and lessees or reputed owners A2 3 [C h. ccxxviii.] Wigan Corpomtion Act, 1902. [2 EDW. 7.1 A.D. 1902. 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 mere duly deposited with the clerk of the pence for the county palatine of Lancaster and are in this Act respectively referred to as the deposited pians sections and bcok of reference : .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 ?'emporal and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say) :- .- PART I. PRELIMINARY. Short title. Division of 1. This Act may be cited as the Wigan Corporation Act 2. This Act is divided into parts as follows :- 1902. Act into pnrts. Part 1.-Preliminary . Part 11.-Tramways. Part IIL-Lands and Street Improvements. Part 1V.-Electric Lighting. Part V.-Streets and Buildings. Part VI. -Sanit my Matter S. Part VI1.-Milk Supply (Tuberculosis). Part VII1.-Common Lodging-houses. Part 1X.-Slaughter-houses and Cold-air Stores. Part X.-Advertisemen ts. Part Part XI1.-Superannuation. Part XIIL-Finance and Miscellaneous. XI.-Police Fire Brigade and Street Traffic. Incorpora- tion Of 3. The following Acts and part8 of Acts so fas as they are applicable for the purposes and are not inconsistent with the provisions of this Act are hereby incorporated with and form part of this Act narnely :- (1) The Lands Clauses Acts (except section 127 of the Lands Clauses Consolidation Act 1845) : (2) Section 3 (Interpretation of terms) Rection 19 (Local authority may lease or take tolls) and Parts 11. and 111. of the T'ramways Act 1870. 4. In this Act the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith or by the Public Health Acts have the same respective meanings unless there be something in the subject or context Tnterpreta- tlOU. 4 [2 EDW. 7.1 Wigan. Corporation Act, 1902. [Ch. CCXXV~~~.] repugnant to such construction And in this Act unless the subject A.D. 1902. or context otherwise requires- " The Corporation " means the mayor aldermen and burgesses of `` The borough `' means the borough of Wigan ; " The council " means the councii of the borough ; `( The mayor " " the town clerk " " the surveyor" " the inspector of nuisances " " the borough fund " " the borough rate " `` the district fund " and " the generai district rate " mean respectively the mayor the town clerk the surveyor the inspector of nuisances the tjorough fund the borough rate the district fund and the general district rate of the borough ; "Medical officer" means the medical officer of health of the borough and inchdes any person duly authorised to act temporarily as medical officer of health of the borough ; " Dairy '' means any farm farm-house cow-shed...
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