Bingley Water and Improvement Act 1881

Cited authorities 15

Cited in

Jurisdiction	UK Non-devolved

[44 & 45 VICT.] Bingley Water and Improvement [Ch. lxxxiv.l

Act, 1881.

CHAPTER lxxxiv.

An Act for extending the powers of the Bingley Improve-

A.D.

i88i.

ment Commissioners in relation to the supply of Water to

their District, for empowering the Commissioners to make

Street Improvements, and to make further provision for

the Local Government of the District of the Commis-

sioners; and for other purposes. [27th June 1881.]

HEREAS the Bingley Improvement Commissioners (in this

Act called the Commissioners) were constituted for carrying

into execution the Bingley Improvement Act, 1847, (in this Act

io & 11

Vict.

called the Act of 1847,) by which powers were conferred for c-cclvui-

lighting, paving, cleansing, sewering, draining, regulating, and

improving the town and neighbourhood of Bingley, in the west

riding of the county of York:

And whereas by the Bingley Extension and Improvement Act, 30

& 31

Vict.

1867,

(in this Act called the Act of 1867,) the limits of the district c-lxsxviii-

of the Commissioners were extended and their powers enlarged;

and by an order, of the Local Government Board confirmed by the

Local Government Boards Provisional Orders Confirmation (Bingley 39&4ovict.

&c.) Act, 1876, (in this Act called the order of 1876,) the limits of ccxcviii.

the district of the Commissioners were further extended :

And whereas the Commissioners are the urban sanitary authority

for the Improvement Act District of Bingley, being the district of

the Commissioners, as defined and extended by the Acts of 1847 and

1867 and the order of 1876, and which district is in this Act called

the district:

And whereas by section 22 of the Act of 1847, the Commis-

sioners were empowered to take on lease from William Busfeild

Eerrand (now called William Eerrand) certain springs or streams of

water arising or flowing in Bell Bank Wood, and also certain

cisterns, pipes, apparatus, and works, which had for some time past

[Local-84.] A 1

[Oh.

lxxxiv.] Bmgley

JFatert

Improvement [44 & 45 VICT.]

Act, 1881.

A.D.

1881.

been used for supplying the town and neighbourhood of Bingley

with water, for such term, at such rent, and generally upon such

terms as should be mutually agreed upon: And it was further

10 &

Vict,

provided (section 23), that the Waterworks Clauses Act, 1847,

c" should be incorporated with the Act of 1847, during the continu-

ance of any such lease, and by the Act of 1867 (section 38) power

was given to the Commissioners to purchase by agreement the said

springs, streams, and waterworks:

And whereas in pursuance of the powers in that behalf contained

in the Act of 1847, the said William Ferrand granted to the

Commissioners a lease of the said springs, streams, and waterworks,

and the Commissioners are now in possession of the same and

entitled thereto for the residue of a term of thirty years dating

from the first day of July one thousand eight hundred and sixty-

two,

and the Commissioners have, in connexion with the said water-

works expended large sums of money in the construction of reser-

voirs and the laying down of new and enlarged mains and pipes,

and in otherwise improving the said waterworks; and it is expedient

that the Commissioners should be empowered to acquire further

springs and waters belonging or reputed to belong to the said

William Ferrand:

And whereas it is expedient that the Commissioners be em-

powered to make certain street improvements:

And whereas the Commissioners manufacture and supply gas

within the district; and it is expedient that they be empowered to

produce and supply electric light:

And whereas it is expedient that the mode of electing Commis-

sioners be altered, and that better provision be made in various

respects for the execution of their powers:

And whereas it is expedient that the Commissioners

authorised

to raise further money by borrowing, and that their powers in rela-

tion to the local management and government of the district be in

other respects extended:

And whereas the objects aforesaid cannot be effected without the

authority of Parliament:

And whereas estimates have been prepared by the Commissioners

for the purchase of land, and for the execution of the works, and

for other the purposes by this Act authorised, and such estimates

are as follows:

For waterworks purposes - - - 19,000

For street improvements - 15,000

Eor providing electric lighting - - - 10,000

For gasworks purposes - - - . 10,000

[44 & 45 VICT.] Bingley Water and Improvement [Oh. lxxxiv.]

Act, 1881.

And whereas the several works included in such estimates are A'-D-188L

permanent works within the meaning of section 234 of the Public

38 &

39 Vict.

Health Act, 1875: c

55.

And whereas an absolute majority of the whole number of the

Commissioners at a meeting held on the twenty-second day of

December one thousand eight hundred and seventy-nine, after ten

clear days notice by public advertisement of such meeting and of

the purpose thereof in the Bingley Telephone and Airedale Courant,

a local paper published or circulating in the district, 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 improvement rate of

the district:

And whereas such resolution was published twice in the Bingley

Telephone and Airedale Courant, a newspaper circulating in the

district, and has received the approval of the Local G-overnment

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 Commissioners at a further special meeting held in pursuance of

a similar notice not less than fourteen days after the deposit of the

Bill for this Act in Parliament:

And whereas the owners and ratepayers of the district by reso-

lution passed in the manner prescribed by the Public Health Act,

1875 (Schedule III.), have 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 a book of refer-

ence to those plans containing the names of the owners or reputed

owners, lessees or reputed lessees, and of the occupiers of lands

required, or which may be taken for the purposes or under the

powers of this Act, have been deposited with the clerk of the peace

for the west riding of the county of York, and are in this Act

referred to as the deposited plans, sections, and book 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,)

I.—PRELIMINARY.

This Act maybe cited as the Bingley Water and Improvement Short title.

Act,

1881.

;

A 2 3

[Oh.

lxxxiv.] Bingley Water and Improvement [44 & 45 VICT.]

Act, 1881.

A.D.

1881.

Incorporation

general

Acts.

9 Vict.

c. 18.

24 Vict,

c.106.

Vict.

c. 18.

Vict.

c.93.

Vict.

c. 16.

Interpreta-

tion

terms.

The following Acts and parts of Acts (so far as the same

are applicable for the purposes and are not inconsistent with the

provisions of this Act) are hereby incorporated with this Act,

namely:

The Lands Clauses Consolidation Acts, 1845,1860, and 1869, (in

this Act called the Lands Clauses Acts);

The "Waterworks Clauses Act, 1847, (except the provisions thereof

with respect to the amount of profit to be received by the

undertakers when the waterworks are carried on for their

benefit);

The "Waterworks Clauses Act, 1863.

The Commissioners Clauses Act, 1847, except sections 90, 91, 92,

93,

94, and 95, relating to the accounts and the auditing of

accounts of Commissioners.

The several words and expressions to which by the Acts

wholly or partially incorporated with this Act meanings are

assigned shall in this Act have the same respective meanings, unless

there is something in the subject or context repugnant to such

construction : Provided always, that in the Acts wholly or partially

incorporated with this Act for the purposes of this Act, "the

undertakers" or "the Company " means the Commissioners, and in

this Act the " Public Health Acts " means the Public Health Act,

1875,

and all Acts for the time being in force amending or extending

the same, and the expressions "owner " and " premises " shall have

the same respective meanings as they have in the Public Health

Acts,

and the expression " superior courts " or

court of competent

jurisdiction," or any other like expression in this Act, or the Acts

incorporated herewith, shall be read and have effect as if the debt

or demand with respect to which the expression is used were a

common simple contract debt, and not a debt or demand created by

statute.

Water

limits.

Act

carried

into

execution

Com-

missioners.

Power

take

lease

II.—WATER.

The limits of this Act for the supply of water shall be the

district, and such limits are in this Act referred to as the water

limits.

This Act shall be carried into execution by the Commis-

sioners, and the Act of 1847, the Act of 1867, and this Act may be

cited together as the Bingley Improvement Acts of 1847, 1867, and

1881.

6. The Commissioners may by agreement take upon lease, not

only the springs and waters mentioned in section 22 of the Act of

[44 & 45 VICT.] Bingley Water and Improvement [Ch. lxxxiv.]

Act, 1881.

1847,

but all other springs and waters belonging to the said William

A.D.

188).

Eerrand, or other the owner or owners

thereof,

for the time being .^~"

arising or flowing upon the St. Ires Estate in the township and ?pring?Ld

parish of Bingley and the township of Wilsden, in the parish of waters.

Bradford, in the west riding of the county of York; and section 22 JSj

of the Act of 1847 shall be read and apply as if such last-mentioned Ferrand.

springs and waters were included therein, and any such lease as

aforesaid may be for a term of 999 years, or any shorter period, not

less than 100 years, and may as to all or any of the premises com-

prised therein be made in possession, or to commence at any future

time.

And the power conferred upon the Commissioners to purchase by

agreement the waters and waterworks mentioned or referred to in

section 38 of the Act of 1867 shall extend to all springs and waters

herein-before in this section mentioned, and section 38 of the Act

of 1867 shall be read and apply as if all such springs and waters

were therein mentioned or referred to.

-For the purpose of laying, renewing, repairing, or altering Power to

any main or pipe in any street in the township of Bingley for the J

p?pes

conveyance of water from the springs and waters arising or flowing between

upon the said St. Ives Estate, the Commissioners may exercise the St-Ives ,

Psf'Qif'P Ann

power conferred (subject to the conditions imposed) upon under- district.

takers by the Waterworks Clauses Act, 1847, in respect to the

breaking up of streets for the purpose of laying pipes as if such

street were within the water limits.

8. The Commissioners shall not be bound at any time to lay on Supply

the supply of water at any elevation at which, having regard to regula,ted

the general supply within the water limits, the water cannot be tion.

supplied by gravitation from the Harden Eoacl Reservoir of the

Commissioners.

9. The Commissioners may demand and take for the supply of Rates for

water for domestic purposes within the water limits any rates and

™j£j*

charges not exceeding the rates and charges following ; (that is to

say,)

Where the gross estimated rental of the premises so supplied

with water shall not exceed twenty pounds, at a rate per

centum per annum not exceeding seven pounds ten shillings:

Where such gross estimated rental shall exceed twenty pounds,

and not exceed forty pounds, at a rate per centum per annum

not exceeding seven pounds:

Where such gross estimated rental shall exceed forty pounds,

and not exceed sixty pounds, at a rate per centum per annum

not exceeding six pounds ten shillings:

A3 5

[Oh. lxxxiv.] Bmgley Water and Improvement [44 & 45 VICT.]

Act, 1881.

AD.

1881.

Where such gross estimated rental shall exceed sixty pounds,

and not exceed eighty

pounds,

at a rate per centum per annum

not exceeding six pounds:

Where such gross estimated rental shall exceed eighty pounds,

and not exceed one hundred pounds, at a rate per centum per

annum not exceeding five pounds ten shillings:

Where such gross estimated rental shall exceed

one

hundred pounds,

at a rate per centum per annum not exceeding five pounds :

Provided always, that the Commissioners shall not he compellahle

to afford a supply of water for domestic purposes, for any less sum

than threepence a week for every dwelling-house or part of a

dwelling-house, and the above-mentioned rate (including the

minimum rate of threepence a week), shall for the purposes of

section 62 of the Public Health Act, 1875, be deemed to be the

rates authorised by the local Act in force within the district.

In addition to the rates computed as above specified the Com-

missioners may charge for a second watercloset or for any private

bath, in any private dwelling-house, or part of such dwelling-house,

or appurtenance thereto the following rates; that is to say,

When the gross estimated rental shall not exceed ten pounds, the

sum of five shillings per annum:

When the gross estimated rental shall exceed ten pounds, but

shall not exceed twenty pounds, the sum of six shillings per

annum:

When the gross estimated rental shall exceed twenty pounds,

but shall not exceed forty pounds, the sum of eight shillings

per annum:

When the gross estimated rental shall exceed forty pounds, but

shall not exceed eighty pounds, the sum of ten shillings per

annum:

When the gross estimated rental shall exceed eighty pounds, the

sum of twelve shillings per annum:

And for every additional watercloset beyond the second, and for

every additional bath beyond the first, the sum of five shillings

a year respectively.

The gross estimated rental shall for the purposes of this section

be ascertained by the valuation list for the time being in force, or if

there is none, by the rate for the relief of the poor, made next before

the demand for the water rate under this act.

10.

If any water consumer leave the premises to which water

has been supplied without paying to the Commissioners the water

rate or charges due from him, the Commissioners shall not require

from the next tenant of the premises payment of the arrears so left

Incoming

tenant

not

be liable

for

arrears

water

[44 & 45 YICT.] Bmgley Water and Improvement [Ch. lxxxiv.]

Act, 1881.

unpaid by the defaulting consumer, unless the incoming tenant shall

A.D.

1881.

have agreed with the Commissioners or with the defaulting con-

sumer to pay the arrears; but the Commissioners shall supply water by^prelT

to the incoming tenant upon the terms and conditions prescribed by agreement.

this Act, if required by him so to do.

11.

The Commissioners are hereby authorised to cause either Supply

main pipes or service pipes, as circumstances shall require, to be

Jater

{?r

laid down, and water to be brought through every street within the ptoses.

water limits, and shall at the'request of the owner or occupier of

any house, in any street in which such pipes shall have been so

laid down, furnish to such person within such house, by means

of branch or communication pipes and other necessary and proper

apparatus to be provided, laid down, and maintained, as in this

section mentioned, a sufficient supply of water for domestic purposes ;

and the owner of any house within the water limits not properly

supplied with water shall, when thereunto required by the Com-

missioners, provide a branch or communication pipe, and other

necessary and proper apparatus to convey the water into such house

from any main or service pipe, which now is or hereafter may be

laid in any street in which such house may be situate, in such

manner as to afford an actual supply of water within such house to

the occupier

thereof,

and the occupier of such house shall pay

the water rates in respect of such supply.

12.

Subject to the provisions of this Act, the Commissioners Commis-

from time to time may make and enforce, by penalties and other- JJ^JJjJJJ

wise,

regulations for preventing the contamination, waste, or misuse

lations for

of water, and among other things may prescribe the size, nature,

^™*fs

make, strength, and arrangement of the pipes, cocks cisterns, and waten

other apparatus used for the purposes of the supply, and may

prescribe the mode, manner, and time of connecting the service

pipes with the pipes belonging to the Commissioners: Provided

that no such regulations shall be operative until they have received

the approval of the Local G-overnment Board, nor in any part of the

district in which they are not bound to afford a constant supply.

13.

In the event of any such regulations not being observed by Commis-

any person having or requiring a supply of water, the Commis- f™f maJ

sionersmay refuse to supply water, or cut off the water supplied by

guppiy

them to him, unless and until the regulations be complied with; J^eregu-

and if and whenever any difference arises as to whether the regu-

complied

lations have been complied with by any person whose supply with.

of water is so cut off, the difference may be referred by either party

to,

and .shall be settled by, two justices.

A 4 7 •

A.D.

1881.

For

pre-

•

venting

waste

water.

[Oh.,

lxxxiv.] Bmgley Water and Improvement [44 & 45

VICT.]

Act, 1881.

14.

The Commissioners shall not be compellable to supply with

water

any bath if it contain when filled for use more than fifty

gallons

of water, or any watercloset or bath, or the apparatus

connected

therewith, unless the same be made to the satisfac-

tion

of the Commissioners and used so as to prevent the waste,

contamination,

or undue consumption of the water of the

Commissioners.

ComtHis- 15. If and whenever any house, b,uilding, or premises which

sioners may shall have been supplied with water by the Commissioners shall be

remove unoccupied, the Commissioners, their agents, servants, or workmen,

after giving twenty-four hours previous notice to the owner by

serving the notice on him or sending the same by post addressed to

him at his usual place of abode or business, or if the owner, or his

usual place of abode or business be not known to the Commissioners,

by affixing the same for three days on some conspicuous part of

such house, building, or premises, may enter into such house,

building, or premises between the hours of eight o'clock in the

forenoon and eight o'clock in the afternoon, and remove and carry

away any pipe, meter, fittings, or other works the property of the

Commissioners.

Public

drinking

fountains.

16.

The Commissioners from time to time, when and as they

think expedient, may put up and continue and from time to time

remove or discontinue drinking places with proper conveniences for

the gratuitous supply of water to the public (but for drinking only)

in such public places within the district as the Commissioners think

fit, but not against any private dwelling-house, warehouse, counting-

house, or shop, except with the consent of the owner and occupier

thereof,

or against any public building unless the building shall be

the property of the Commissioners.

17.

The Commissioners may supply water within the water limits

for purposes other than domestic purposes, by meter or otherwise,

and on such terms, pecuniary and otherwise, and conditions as shall

be agreed on between the Commissioners and the person requiring

the supply, and the moneys payable for the supply shall be water

rates and recoverable accordingly : Provided always, that no person

shall be entitled to a supply of water for other than domestic

purposes if such supply would interfere with the sufficiency of the

supply of water for domestic purposes.

Rate payable 13, Where the gross estimated rental of a house supplied with

by owner

i •.

for small water does not exceed ten pounds, or the house is let to monthly or

houses,

&c.

weekly tenants, or tenants holding for any other period less than a

Charges

for

supply

water

for

other

than

domestic

purposes.

[44

45 VICT.] Bingley Water and Improvement [Oh. lxxxiv.]

Act, 1881.

month, the owner instead of the occupier shall pay the rate for the A.D. 1881.

supply, but the rate may be recovered in the first instance from the

occupier, and may be deducted by him from the rent from time to

time due from him to the owner.

19.

Where several houses or parts of houses in the occupation of Where

several persons shall be supplied by one common pipe, the several sevel-al

owners or occupiers of such houses or parts of houses shall be supplied

liable to the payment of the same rates for the supply of water as one P'Pe

they would have been liable to if each of such several houses or each t0 pay'

parts of houses had been separately supplied with water from the

works of the Commissioners by a distinct pipe : Provided always,

that the Commissioners shall not be compelled to supply water to

the occupier of any part of a dwelling-house, or for any premises

occupied with a dwelling-house, unless the water rate is paid for

the whole of such dwelling-house and premises.

20.

The Commissioners shall not be bound to supply with water, Supply to

otherwise than by measure, any building used as a dwelling-house, houses

whereof any part is used as a warehouse, or for any trade or for trade,

manufacturing purpose for which water is required. &c.

III.—STREET

IMPROVEMENTS AND PRIVATE IMPROVEMENT

EXPENSES.

21.

The Commissioners may make and maintain in the

lines,

and Street

im-

aceording to the levels shown on the deposited plans and sections,

Provement-

the street improvement following; (that is to say,)

A widening of Main Street on the south-west side

thereof,

com-

mencing at the junction of that street with Queen Street,

and terminating at the junction of Main Street with Perrand

Lane;

together with all approaches, sewers, drains, works, and con-

veniences, necessary or proper, in connexion therewith.

22.

In regard to expenses incurred by the Commissioners under Private im-

section 150 (power to compel paving, &c. of private streets) of the f™™^

Public Health Act, 1875, (in this section called private improve-

ment expenses,) and the recovery

thereof,

the following provisions

shall apply:

(1.) The Commissioners may, in relation to the cost to them

of the surveying and superintendence of the works in respect

of which private improvement expenses are incurred, charge

the owners or other persons liable to the payment of such

expenses, with a commission not exceeding the rate of five

per centum on the amount of those expenses, and may add the

[Oh. IXXXiV.] Bingley Water and Improvement [44

45 VICT.]

Act, 1881.

A.D.

1881.

same to those expenses and recover the same therewith, and

the sum so recoverable shall bear interest from the demand

thereof at a rate fixed by the Commissioners not exceeding

five per centum per annum, and such interest shall be

recoverable accordingly.

(2.) The Commissioners may apportion the private improvement

expenses incurred in respect of any work executed in or for

any court, passage, alley, or yard amongst the owners of the

lands or premises in, on, or abutting on any such court,

passage, alley, or yard in such manner as the Commissioners

may deem equitable instead of in proportion to their respective

frontages; but any person deeming himself aggrieved by the

decision of the Commissioners may appeal to the Local Govern-

ment Board under and in accordance with the provisions of

section 268 of the Public Health Act, 1875, and that Board

may alter the apportionment as they may think equitable.

(3.) The Commissioners shall have the like rights and remedies

in relation to the charge created by section 257 (recovery of

expenses by local authority from owners) of the Public Health

Act, 1875, on the premises in respect of which private im-

provement expenses are incurred, as if they were mortgagees

with power of sale of such premises for the amount of such

charge, and the mortgagor had made default.

(4) Summary proceedings for the recovery of private improve-

ment expenses or any instalment thereof may be commenced

at any time within two years from the date of the service of

the notice of demand:

(5.) The Commissioners may apply the improvement rate in or

towards defraying private improvement expenses; but this

power shall not affect the liability of any owner or other person

- chargeable therewith to repay the moneys expended by the

Commissioners.

Power

take

lands

referenced.

Correction

errors,

omissions,

&e.

IV.—LANDS.

23.

Subject to the provisions of this Act the Commissioners may

enter on, purchase, take, and use such of the lands delineated and

described in the deposited plans and book of reference as are

required for the purposes of this Act, except the lands delineated on

sheet No. 1 (plan of the proposed waterworks) of the deposited

plans.

24.

If any omission, misstatement, or erroneous description is

found to have been made of any lands or of any owners, lessees,

or occupiers of any lands described or intended to be described in

[44 & 45 VICT.] Bingley Water and Improvement [Ch. Ixxxiv.]

Act, 1881.

the deposited plans or books of reference, the Commissioners may

A.D.

1881.

apply to two justices for the correction

thereof,

after giving ten —

days notice to the owners, lessees, and occupiers of the lands

affected by the proposed correction, and if it appears to the justices

that the omission, misstatement, or erroneous description arose from

mistake they shall so certify, stating the particulars

thereof,

and

their certificate shall be deposited (as regards both the riding and

the parish) as if it had originally formed part of the deposited plans

or book of reference (as the case may be) and shall be kept there-

with and shall be deemed to be part

thereof,

and thereupon the

deposited plans or book of reference (as the case requires) shall be

deemed to be corrected according to the certificate, and the Commis-

sioners may enter on, purchase, take, and use the lands to which the

certificate relates accordingly.

25.

The Commissioners shall not less than eight weeks before

Houses of

they take in any parish fifteen houses or more, occupied either lj*ourmg

wholly or partially by persons belonging to the labouring classes as

tenants or lodgers, make known their intention to take the same by

placards, handbills, or other general notice placed in public view

upon or within a reasonable distance from such houses, and shall

not take any such houses until they have obtained the certificate of

a justice that it has been proved to his satisfaction that they have

so made known their intention; and before taking any such houses

the Commissioners shall, unless they and the persons aforesaid other-

wise agree, procure sufficient accommodation elsewhere for persons

belonging to the labouring classes who will be displaced under the

powers of this Act, and for that purpose may appropriate any lands

for the time being belonging to the Commissioners, and thereon

erect houses; and if any question arises as to the sufficiency of the

accommodation provided by the Commissioners under this section,

the same shall be determined by a Court of Summary Jurisdiction

under section 181 of the Public Health Act, 1875.

26.

The powers of the Commissioners for compulsory purchase Period for

of lands under this Act shall not be exercised after the expiration p3tale°of

of five years from the passing of this Act. lands.

27 The Commissioners may from time to time for any purpose

Power to

of this Act purchase by agreement any lands not exceeding ten ditiona]

acres in addition to the lands which they are authorised to take by

lands by

, , agreement.

compulsion.

28.

Persons empowered by the Lands Clauses Acts to sell and

Power to

convey or release lands may, if they think fit, subject to the pro- ^netseas^

visions of those Acts and of this Act, grant to the Commissioners

agree-

11 ment-

A.D.

1881.

Power

retain,

sell,

&c.

lands.

Application

of proceeds

sale of

surplus

lands.

Power

deviate.

Time

for

completion

works.

Electric

lighting.

TCh. lxxxiv.] Bingley Water and Improvement [44

45 VICT.]

Act, 1881.

any easement, right, or privilege (not "being an easement of water)

required for the purposes of this Act in, over, or affecting any such

lands;

and the provisions of the Lands Clauses Acts with respect to

lands and rentcharges, as far as the same are applicahle in this

behalf,

shall extend and apply to such grants, easements, rights, and

privileges as aforesaid.

29.

Notwithstanding anything in the Lands Clauses Acts the

Commissioners may, in relation to lands purchased or taken for

providing space for the erection of buildings adjoining to or near

the street improvement by this Act authorised or in relation to any

other lands belonging to them and adjoining to or near such improve-

ment, retain, hold, and use for such time as they think fit, and may

from time to time sell, lease, exchange, or otherwise dispose of in

such manner for such consideration, and on such terms and con-

ditions as they think fit, and in case of sale, either in consideration

of a gross sum or of an annual rent or of any payment in any other

form, any such lands or any interest in any such lands, and may

make, execute, and do any deed, act, or thing proper for effectuating

any such sale, lease, exchange, or other disposition.

30.

The proceeds of the sale of any surplus lands of the Com-

missioners under the powers of this Act shall be applied only to

purposes authorised by this Act, and to which capital moneys are

applicable.

31.

In constructing the street improvement and other works

by this Act authorised, or any of them, the Commissioners may

deviate laterally from the lines thereof to any extent not exceeding

the limits of lateral deviation shown on the deposited plans, and

beyond those limits with the consent of the persons through whose

lands such deviation is proposed to be made, and where on any road

no such limits are shown, the boundaries of such road shall be

deemed to be such limits, and may also deviate from the levels shown

on the deposited sections to any extent not exceeding five feet.

32.

If the street improvement and other works by this Act

authorised are not completed within ten years from the passing of

this Act, then on the expiration of that period the powers by this

Act granted for the making thereof respectively, or otherwise in

relation thereto, shall cease to be exercised, except as to such of

them, or so much thereof respectively as is then completed.

V.—ELECTRIC

LIGHTING AND GAS.

33.

"With respect to the production and supply of bight, heat, and

motive power by means of electricity, the following provisions shall

have effect; (that is to say,)

[44 & 45 VICT.] Bmgley Water and Improvement [Oh., lxxxiv.]

Act, 1881.

(1.) The expression "place of public resort," means any premises A.D. 1881.

belonging to or used by the Commissioners, and any place of

public worship, railway station, public garden, theatre, concert-

room, or public slaughter-house.

(2.) During a period of ten years from the passing of this Act,

and for the purposes of lighting streets and places of public

resort within the district, but for no other purpose, the Com-

missioners may produce and supply light by means of electricity,

and for that purpose exercise any of the powers herein-after

in this section mentioned, and subject to the provisions herein-

after in this section contained; (that is to say,)

(I.) For any of the purposes of this section they may use

any lands for the time being belonging to them and not

by any Act specifically appropriated to any other purpose.

(II.) They may upon any such lands erect and maintain any

necessary workshops, engine-house, store-houses, or other

buildings necessary for any of the purposes of this section.

(III.) They may manufacture, buy, or hire, and may use

and may supply, sell, or let any machinery, steam-engines,

gas-engines, or other apparatus (including meters and

fittings) necessary for the purposes of this section.

(IV.) Subject to the provisions of this section they may buy

any gas or fuel, or buy or rent any other motive power,

and may buy or rent, and sell or let any materials or

articles necessary for the purposes of this section.

(V.) They may acquire licenses (not being exclusive) for

themselves, or for any persons, companies, or corporation

licensed or supplied by them for the use of any patented

or protected processes, inventions, machinery, apparatus,

methods, materials, or other things.

(VI.) They may exercise for the purposes of this section, in

the whole or any part of the district, as to electric lighting,

any of the powers which are vested in or exerciseable by a

sanitary authority under the Acts relating to the Public

Health Acts for lighting by oil or gas.

(VII.) They may exercise, for the purposes of this section

as to electric lighting, any of the powers which under the

provisions of any Act incorporating the Gasworks Clauses

Act, 1847, or the Gasworks Clauses Act, 1871, might for lo&iiVict.

the purposes of any gas undertaking be exercised by the c3'^'35Yict

undertakers. c.4i.

(VIII.) They may supply by agreement for use in any place

or places of public resort light produced by electricity and

meters or other fittings, or may let meters or other fittings

for any of the purposes of this section.

[Oh.

Ixxxiv.] Bingley Water and Improvement [44 & 45 VICT.]

Act, 1881.

A.D.

1881.

Provisions

extend

heat

and

motive

power.

Expenses

charged

the im-

provement

rate.

Power

borrow.

Application

revenue.

(IX.) They may charge in advance or otherwise for any light,

engines, machines, apparatus, meters, fittings, or other

things supplied or let under the powers of this section such

rents or sums as may from time to time be agreed on, and

may recover any such rent or sum as a debt in any court

• of competent jurisdiction.

(X.) Generally they may do all things necessary and

incidental to the purposes of this section.

(3.) The provisions of this section shall extend to and in relation

to the production and supply by the Commissioners of heat or

motive power by application of the electricity, and such

application is included in the expression electric lighting.

(4.) All expenses from time to time incurred by the Commissioners

in carrying this section into effect shall be charged on, and all

moneys received by the Commissioners under this section shall

be carried to the credit of the Improvement Rate.

(5.) The Commissioners may from time to time for the purposes

of this section borrow at interest on the security of the

Improvement Rate such sum or sums as the Commissioners

from time to time find requisite, not exceeding in the whole the

sum of ten thousand pounds, and they may mortgage the said

rate as a security for the repayment of money so borrowed with

interest accordingly. The provisions of this Act relating to the

borrowing, re-borrowing, and repayment of borrowed moneys

shall extend and apply mutatis mutandis to the moneys

borrowed under the powers of this section, except that the

period for the repayment of such moneys shall be ten years

from the passing of this Act.

(6.) The Commissioners shall keep accounts in respect of electric

lighting separate from all their other accounts, and shall in

such accounts distinguish their expenditure on revenue or

capital account, and shall apply all money from time to time

received by them in respect of their electric lighting under-

taking, except borrowed money or other money received on

capital account, as follows; (that is to say,)

FIRST. In payment of their costs, charges, and expenses of

and incidental to the collecting and recovering of electric

lighting rents and charges, and of the borrowing of money

under this section.

SECONDLY. In payment of the working and establishment

expenses and cost of maintenance of their electric lighting

undertaking.

THIRDLY. In payment of the interest on money borrowed

under this section.

[44 & 45 VICT.] Bmgley Water and Improvement [Oh. lxxxiv.]

Act, 1881.

POUKTHLY. In providing the requisite instalments or sinking

A.D.

1881.

fund under this section.

PIITHLY. In providing a reserve fund, if they think fit, by

setting aside such money as they from time to time think

reasonable, and investing the same and the resulting income

thereof in securities in which they are by this Act autho-

rised to invest sinking funds and accumulating the same

at compound interest until the fund so formed amounts to

one thousand pounds, which fund shall be applicable from

time to time to answer any deficiency at any time happening

in the income of the Commissioners from their electric ,

lighting undertaking, or to meet any extraordinary claim

or demand at any time arising against the Commissioners

in respect of that undertaking, and so that if that fund is

at any time reduced it may thereafter be again restored

to the sum of one thousand pounds, and so from time to

time as often as such reduction happens.

And shall carry to the improvement rate any balance remaining

in any year and the annual proceeds of the reserve fund when

amounting to one thousand pounds.

(7.) The money borrowed under this section shall be supplied Application

for the purposes for which it is authorised to be borrowed, and of

money

borrowed

generally for objects for which capital money is properly

applicable, and for no other purposes.

(8.) Nothing in this Act shall exempt the Commissioners or Provision

their electric lighting undertaking from the provisions of any

*°

general

general Act relating to lighting by electricity or other similar

means, which may be passed in this or any future session of

Parliament. Commis-

(9.) Nothing in this Act shall exonerate the Commissioners from ^0°^rgXn_ot

any indictment, action, or other proceeding for nuisance, in the

empted

from

event of any nuisance being caused by them. proceedings

* ° * tor nuisance.

34.

With respect to any work for the purpose of the production Protection

or supply of light, heat, or motive power by means of electricity, Postmaster

done in pursuance of this Act, the following provisions shall have

effect:

It shall not be lawful for the Commissioners to do any such

work whereby any telegraphic line of the Postmaster

General is or may be injuriously affected, and before any

such work is done within ten yards of any part of a

telegraphic line of the Postmaster General, the Commis-

sioners or their agents, not more than twenty-eight nor less

than fourteen days before commencing such work, shall give

written notice to the Postmaster General specifying the

[Oh. IxxxiV.J Bingley Water and Improvement [44 & 45 VICT,]

Act, 1881,

A.D.

1881.

course and nature of the work, including the gauge of any

wire,

and the Commissioners and their agents shall conform

with such reasonable requirements (either general or special)

as may from time to time be made by the Postmaster

General for the purpose of preventing any telegraphic line

of the Postmaster General from being injuriously affected

by the said work.

Any difference which arises between the Postmaster General

and the Commissioners or their agents, with respect to any

requirements so made, shall be determined by the Board of

Trade, whose decision shall be final; and sections thirty to

thirty-two, both inclusive, of the Eegulation of Railways

3i&32Viet. ^c^ 1868, shall apply in like manner as if .the Oommis-

sioners or their agents were a company.

In the event of any contravention of or wilful non-compliance

with this section by the Commissioners or their agents, the

Commissioners shall be liable to a fine not exceeding ten

pounds for every day during which such contravention or

non-compliance continues, or, if the telegraphic communi-

cation is wilfully interrupted, not exceeding fifty pounds

for every day on which such interruption continues.

Provided that nothing in this section shall subject the Com-

missioners or their agents to a fine under this section if

they satisfy the Court having cognizance of the case that

the immediate execution of the work was required to avoid

an accident, or otherwise was a work of emergency, and that

they forthwith served on the postmaster or sub-postmaster

of the postal telegraph office nearest to the place where the

work was done a notice of the execution

thereof,

stating the

reason for executing the same without previous notice.

Por the purposes of this section a telegraphic line of the

Postmaster General shall be deemed to be injuriously

affected by a work if telegraphic communication by means

of such line is, whether through induction or otherwise, in

any manner affected by such work or by any use made of

such work.

6. Eor the purposes of this section and subject as therein

provided, sections two, eight, nine, ten, eleven, and twelve

41 & 42

Vict.

of the Telegraph Act, 1878, shall be deemed to be incor-

c" ' porated with this Act as if the Commissioners were under-

takers within the meaning of those sections, without

prejudice nevertheless to any operation which the other

sections of the said Act would have had if this section had

not been enacted.

[44 & 45 VICT.] Bingley Water and Improvement [Oh. lxxxivJ

Act, 1881.

35.

The Commissioners may, if they think fit, purchase, provide,

A.D.

1881.

supply, sell, let for hire, use, and otherwise deal in gas and other

fittings, engines, stoves, ranges, pipes, and other apparatus for the *owJr toas_

warming of houses and buildings, the cooking of food, and for all SKg^fc"

other purposes for which gas can or may be used, and any such for bating

letting for hire may be for such remuneration in money and on JJrjJge"

such terms with respect to the repair of the articles and fittings

let and for securing the safety and return to the Commissioners of

such articles and fittings, and otherwise as may be agreed upon

between the hirer and the Commissioners.

VI.—ELECTION

OF COMMISSIONERS AND MEETINGS.

36.

Notwithstanding anything contained in the Act of 1847 or Commis-

any Act incorporated therewith, or in any Act referred to in

sion(Ftobe

section 11 of the Act of 1847, no person shall be elected a Com-

missioner unless nominated in accordance with the provisions of

this section.

•

Any person entitled to vote at an election of Commissioners may

nominate for the office of Commissioner himself (if qualified to be

elected) or any other person or persons so qualified (not exceeding

the number of persons to be elected).

Every such nomination shall be in writing, and shall state the

names and residences and calling or quality of the person or persons

nominated, and shall be signed by the person nominating, and may

be in the form A in the Schedule to this Act.

Every nomination paper subscribed as aforesaid shall be delivered

at the ofiice of the Commissioners, addressed to the clerk to the

Commissioners, five days at least before the day of election, and

before five o'clock in the afternoon of the last day on which any

such nomination paper may by law be delivered.

Any person nominated may withdraw from his candidature by

giving notice to that effect signed by him to the clerk to the

Commissioners.

If the number of persons nominated and not withdrawn is the

same as or less than the number of persons to be elected, such

persons (if duly qualified) shall be deemed and shall be certified

by the returning officer under his hand to oe elected.

The provisions of this section shall apply only to the election

of Commissioners in the place of those going out of office by

rotation.

37.

In relation to the Commissioners Clauses Act, 1847, the Application

„ ,, • • i n i of 10 & 11

following provisions shall apply : Yict. c. 16.

(1.) The prescribed time for Commissioners to go out of office by

Time

for

rotation shall be the first Wednesday in the month of April retirement,

[Local-84.] B 17

D. 1881.

Commis-

sioners.

Place

and

time

meeting

for

election

Commis-

sioners.

Time

for

holding

annual

meeting.

Extension

time for

closing

poll

and

pub-

lication

names

persons

elected,

&c.

Repeal

proviso

section

11 of

10&11

Vict.

e. cclyiii.

[Oh. lxxxiv.] Bingley Water and Improvement [44 & 45 VICT.]

in every year, and the Commissioners who but for this Act

would go out of office on the first Thursday in September one

thousand eight hundred and eighty-one shall continue in office

until and shall go out of office on the first Wednesday in April

one thousand eight hundred and eighty-two; the Commissioners

who but for this Act would go out of office on the first

Thursday in September one thousand eight hundred and

eighty-two shall continue in office until and go out of office on

the first Wednesday in April one thousand eight hundred and

eighty-three; and the Commissioners who but for this Act

would go out of office on the first Thursday in September one

thousand eight hundred and eighty-three shall continue in office

until and shall go out of office on the first Wednesday in

April one thousand eight hundred and eighty-four; but any

Commissioners so going out of office may be re-elected.

(2.) The prescribed place of meeting of persons entitled to vote at

the election of Commissioners in the place of those going out

out of office by rotation, shall be such office or place within

the district as the Commissioners shall from time to time

appoint for that purpose, and the prescribed day for holding

such meeting shall be the first Wednesday in the month of

April in every year.

(3.) The prescribed time for holding the annual meeting of the

Commissioners shall be the third Wednesday in the month of

April in every year, and the next annual meeting shall be held

on the third Wednesday in the month of April one thousand

eight hundred and eighty-two, and the Chairman elected at the

preceding annual meeting shall go out of office on that day.

38.

Section 28 (mode of voting at elections) of the Com-

missioners Clauses Act, 1847, shall, as regards the district, be read

and apply as if the time for closing the poll at elections of Com-

missioners were seven of the clock in the afternoon, instead of four

of the clock as therein provided, and the presiding officer shall not-

withstanding anything in the said Act publish, within three days

from the day of such election, (exclusive of any Sunday,) a list of the

names of the persons elected ; and the voting paper shall be in the

form B in the Schedule to this Act (or to the like effect) instead

of in the form prescribed by the Commissioners Clauses Act, 1847.

39.

The following proviso in section 11 of the Act of 1847,

(manner of voting for Commissioners,) is hereby repealed; (that is to

say),

" Provided always, that no person shall be entitled to vote in

" the election of Commissioners, unless he shall be rated under the

" provisions of this Act, to the annual value of five pounds."

No person shall be entitled to vote at the election of Commis-

[44 & 45

YICT.]

Bingley Water and Improvement [Oh. Ixxxiv.]

Act, 1881.

sioners in the place of those going out of office in rotation, unless he A.D. 1881.

has on before the 25th day of March, paid all such improvement

rates as have become payable by him in respect of the qualifying

property up to the last preceding twenty-ninth day of September.

VII.—BORROWING.

40.

The Commissioners may from time to time, independently

Power

of any other borrowing power, borrow at interest on the security of borrow.

the Improvement Rate, (and, in relation to moneys borrowed for

waterworks purposes or gasworks purposes, upon the security of that

rate,

and also upon the revenue of their waterworks undertaking,

or gasworks undertaking, as the case may be, or either of such

securities,) as follows; (that is to say,)

For waterworks purposes any sum or sums not exceeding in the

whole the sum of nineteen thousand pounds :

For street improvement any sum or sums not exceeding in the

whole the sum of fifteen thousand, pounds :

For gasworks purposes any sum or sums not exceeding ten

thousand pounds:

And the Commissioners may mortgage the Improvement Rate,

and (as the case may be,) the revenue of the waterworks under-

taking or gasworks undertaking to secure the repayment of the

moneys borrowed with interest.

41.

In addition to the moneys which by the last preceding Power

section the Commissioners are authorised to borrow, they may from ]?0™w

time to time, with the approval of the Local Government Board, w}th ap_

borrow at interest on the securities mentioned in the last preceding

proval of

section, or any of them, such sum or sums of money as they may Go^rnment

require for any of the purposes for which money is by this Act Board.

authorised to be borrowed.

42.

If the Commissioners pay off any moneys borrowed by them

Power to

under this Act, otherwise than by instalments or appropriations, or re-borrow-

by means of a sinking fund, or out of the proceeds of the sale of

land acquired under the powers of this Act, they may re-borrow the

same, and so from time to time

Provided that all moneys so re-

borrowed shall be repaid within the period prescribed for the repay-

ment of the moneys in lieu of which such re-borrowing has been

made, and that the moneys originally borrowed, and any amounts

from time to time re-borrowed under the foregoing provisions for

the repayment of such moneys, shall, for the purpose of section

fifteen of the Local Loans Act, 1875, be deemed to form the same 38&39Vict.

loan, and the obligations of the Commissioners, with respect to the c- 83-

sinking fund to be set aside in respect of such moneys, shall not be

in any way affected by reason of such re-borrowing.

B 2 ' 19

AJ>.

1881.

Receiver

for

mortgagees

under

Vict.

c. 16.

Power

borrow

under

39 Vict.

c. 83.

Certain

re-

gulations

39 Vict.

c. 55.

borrowing

not

to apply.

Payment

off

money

borrowed.

Investment

sinking

fund.

Annual

return

Local

[Oh., lxxxiv.] Bingley Water and Improvement [44

45 VICT.]

Act, 1881.

43.

The mortgagees of the Commissioners in respect of mort-

gages issued in accordance with the provisions of the Commissioners

Clauses Act, 1847, may enforce payment of arrears of interest or

principal, or principal and interest, due on their mortgages by the

appointment of a receiver. In order to authorise the appointment

of a receiver in respect of arrears of principal, the amount owing to

the mortgagees by whom the application for a receiver is made

shall not be less than one thousand pounds.

44.

The Commissioners may, if they think fit, borrow any

moneys which they are by this Act authorised to borrow under the

powers and subject to the provisions of the Local Loans Act, 1875,

by means of a loan or loans to be raised by the issue of debentures,

debenture stock, or annuity certificates, or partly in one way and

partly in another. Any moneys borrowed in manner by this section

authorised shall be a charge upon and shall be paid out of the same

rates and securities as they would be charged upon and paid out

of i f raised by way of mortgage under the powers of this Act, and

such rates and securities shall in each case be deemed to be the

local rate as defined by the Local Loans Act, 1875. Every such

loan shall be discharged within the time prescribed in that behalf by

this Act.

45.

The powers of borrowing money by this Act given shall not

be restricted by any of the regulations contained in section 234 of

the Public Health Act, 1875, and in calculating the amount which

the Commissioners may borrow under that Act, any sums which

they may borrow under this Act shall not be reckoned.

46.

The Commissioners shall pay off all money borrowed by

them under the powers of this Act by any one or more of the

methods, including a sinking fund mentioned in the Local Loans

Act, 1875, with respect to the discharge of loans borrowed in the

manner provided by that Act, within sixty years : Provided never-

theless, that the Commissioners shall not be required to commence

the payment off of moneys borrowed under this Act till the first day

of January next after the expiration of one year from the date of

the borrowing of such moneys.

47.

The Commissioners may invest any money for the time

being standing to the credit of any sinking fund formed by them

in pursuance of the provisions of any Act in force in the district

in or upon any of the funds or securities which local authorities

are under the Local Loans Act, 1875, entitled to invest moneys

standing to the credit of any sinking fund formed under that Act.

48.

The clerk to the Commissioners shall, within twenty-one*

days after the expiration of each year during which any sum

[44 & 45 VICT.] Bingley Water and Improvement [Oh. lxxxiv.]

Act, 1881.

is required to be set apart for any sinking fund or appropriated A.D. 1881.

or paid as an instalment under this Act, transmit to the Local Gove~ent

Government Board a return, in such form and verified in such Board with

manner as that Board may from time to time prescribe, showing the r^pect to

amount which has been paid by instalments or invested for the f^fa^

purpose of such sinking fund during the year next preceding the

making of such return, and the description of the securities upon

which the same has been invested, and the purposes to which any

portion of the moneys invested for the sinking fund or the interest

thereof has been applied during the same period, and the total

amount (if any) remaining invested at the end of the year, and

in the event of any wilful default in making such return, such

clerk shall be liable to a penalty not exceeding twenty pounds.

If it appears to the Local Government Board by such return or

otherwise that the Commissioners have failed to pay any instalment

or to make any appropriation, or to set apart the sum required

by this Act for the sinking fund, or have applied any portion of the

moneys set apart for that fund or the interest thereof to any other

purposes than those authorised by this Act, the Local Government

Board, may, by order, direct that a sum not exceeding double the

amount in respect of which such default shall have been made shall

be set apart and invested or applied by the Commissioners as

part of the sinking fund, and any such order may be enforced by

mandamus to be obtained by the Local Government Board.

49.

Money borrowed by the Commissioners under this Act shall Application

be applied only for purposes of this Act to which capital is properly ^™„Wed.

applicable.

50.

Nothing in this Act shall prejudicially affect any charge on

Saying

for

the improvement rate or the estates and property of the Commis- ^^

sioners subsisting at the passing of this Act, and every mortgagee

or person for the time being entitled to the benefit of any such

charge shall have the same priority of charge and all the like rights

and remedies in respect of the rate and property subject to his

charge as if this Act had not been passed, and all such charges

created before the passing of this Act shall, during the subsistence

thereof,

have priority over any mortgage or charge granted under

this Act on the same rate and property.

51.

The Commissioners shall keep separate accounts of their Application

capital and revenue in respect of their waterworks undertaking jj^r

separate from all their other accounts, and shall apply all money

from time to time received by them in respect of their waterworks

undertaking except borrowed money and money properly applicable

on capital account, as follows:

In payment of the expenses properly chargeable to revenue of

A.D.

1881.

Deficiency

funds

water-

works.

Limits

Vict.

c. lxxxviii.

s. 40 not to

apply

for

purposes

this

Act.

Recovery

rates,

&c.

Accounts

made

oi!

and

audited

under

Pub-

lie

Health

Acts

alone.

[Oh.,

lxxxiv.] Bmgley Water and Improvement [44

45 TIOT.1

Act, 1881.

conducting, managing, and maintaining the waterworks and

otherwise carrying on the water undertaking of the Commis-

sioners ;

In payment of the interest upon money borrowed under the

provisions of this Act for waterworks purposes;

In providing the requisite instalments or sinking fund under this

Act in relation to moneys borrowed for waterworks purposes;

and shall carry to the Improvement Rate any balance remaining in

any year.

52.

If in any year the amount standing to the credit of the

water account be insufficient for the payment of the charges thereon

and the execution of this Act in relation to the water undertaking,

the deficiency shall be made up out of the improvement rate by

carrying an adequate sum therefrom to the.credit of the water

account, and the Commissioners from time to time in preparing the

estimates of the amount required in their judgment, to be raised by

means of an improvement rate for the purposes of the district, may

include therein such sums respectively (if any) as in the judgment

of the Commissioners are necessary to be provided in aid of the

deficiency from time to time arising as aforesaid in the water

account, and shall collect the same as part of such improvement

rate.

53.

The limits imposed by section 40 of the Act of 1867 on

the improvement rate which the Commissioners are authorised to

levy, either with or without the consent of the ratepayers, shall

not apply to so much of the rate as is required to be levied for the

purpose of making up any deficiency in the water account or for

the purpose of defraying any expenses incurred by the Commis-

sioners in the execution of this Act.

54.

The Commissioners may recover any rate, rent, renteharge,

or assessment due to them by the like means and in the like manner

as poor rates are recoverable by any authority or person entitled to

recover the same, or by action in any court of competent jurisdiction,

and in any proceedings for the recovery

thereof,

the Commissioners

shall be entitled, when successful, to full costs of suit.

55.

Sections

90,91,

92,93,

94,

and

of the Commissioners Clauses

Act, 1847, shall cease to apply to the accounts of the receipts and

expenditure of the Commissioners, and after the passing of this Act

such accounts shall be made out and audited in accordance with the

provisions in that behalf contained in the Public Health Acts in

the same manner as the accounts of an urban sanitary authority

(not being the council of a borough) are audited under those Acts.

[44 &

45.

VICT.]

Bingley Water and Improvement [Oh., txxxiv,]

Act, 1881.

56.

The consent of the ratepayers to the increase of the improve-

ment rate from four shillings in the pound to any sum not exceed-

ing five shillings in the pound, as provided by section 31 of the

Act of 1847 as amended by section 40 of the Act of 1867, shall be

expressed by resolution passed at a meeting of the ratepayers called

by the Commissioners at such time and place as they shall appoint,

of which meeting and the time and place of .holding the same, and

the object

thereof,

at least seven clear days notice shall be given

by the clerk of the Commissioners by public advertisement in some

newspaper published or circulating in the district, and by placards

affixed on or near to the doors of all churches and chapels within

the district.

57.

Any summorS; demand, or notice, or other such document

to be given by the Commissioners under this Act may be in writing

or print, or partly in writing and partly in print, and if the same

require authentication by the Commissioners, the signature thereof

by the clerk of the Commissioners shall be a sufficient authen-

tication.

58.

All the costs, charges, and expenses of and incident and

Expenses of

preparatory to the obtaining and passing of this Act, or otherwise in Act-

relation thereto, shall be paid by the Commissioners in the first

instance out of the improvement rate, and ultimately out of the

moneys to be borrowed under the powers of this Act.

THE SCHEDULE.

FOKM A.

Nomination

Paper.

District of Bingley.

Election of Commissioners for the District of Bingley, to be held on the

day of 18 .

I, the undersigned, being a person entitled to vote at the election of Commis-

sioners, hereby nominate the following person [or persons] as a candidate [or

candidates] at the said election.

Surname. Other Names.

Abode. Description.

(Signed) A B.

A.D. 1881.

Meeting of

ratepayers

to authorise

increase ol

rate.

Authentica-

tion of

notices.

[Oh. Ixxxiv.] Bmgley Water and

Improvement

[44

45 VICT.]

Act, 1881.

A.D. 1881. FORM

Voting

Paper,

District of Bingley.

Name and Address of Voter.

No.

of Votes.

DIRECTIONS

THE VOTES.

The voter nfust write his initials against the name

every person for whom

he votes, and must sign this paper.

If the voter cannot write he must affix his mark against the name

every

person for whom he intends to vote.

N.B.—

Voters

must not

vote

for

than

the persons

nominated,

but

they may vote for a

less

number.

Initials or Mark

of the Voter against

the Names of the

Persons for whom

he intends to vote.

Names of the

Persons nominated

as Commissioners.

Besidence of the

Persons

nominated.

Quality or

calling of

the Persons

nominated.

Description

of Property.

Names of

the Nomi-

nators.

I vote for the persons named in the above list against whose names

have

placed my initials or mark.

Signed

(or) the mark of

LONDON : Printed by

GEOEGE EDWARD EYRE

and

WIMJAM SPOTTIBTVOOBOB,

Printers to the Queen's most Excellent Majesty.

1881.

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