Birmingham Improvement Act 1851

Publication Date:January 01, 1851
Birmingham Improvement Act 1851

(14 & 15 Vict.) c. xciii

An Act for transferring to the Mayor, Aldermen, and Burgesses of the Borough of Birmingham in the County of Warwick the Estates, Properties, and Effects now vested in certain Commissioners having Jurisdiction over Parts of the Borough; and to provide for the better draining, lighting, paving, supplying with Water, and otherwise improving the said Borough, and making Provision for the good Government, Regulation, and Management thereof.

[24th July 1851]

ANNO DECIMO QUARTO & DECIMO QUINTO VICTORLE REGIME. **************************-*?#*********************** Cap. xciii. An Act for transferring to the Mayor, Aldermen, and Burgesses of the Borough of Birmingham in the County of Warwick the Estates, Properties, and Effects now vested in certain Commissioners having Jurisdiction over Parts of the Borough; and to provide for the better draining, lighting, paving, supplying with Water, and otherwise improving the said Borough, and making Provision for the good Government, Regulation, and [24th July 1851.] Management thereof. HERE AS an Act was passed in the Thirty-first Year of the Maj Actfc 31G.3.C.17. Surfaces of the Streets and other public Places within the Hamlets of"Deretend and Bordesley in the County of Warwick, and ft 15 Z Nuisances, [Local] driving 1378 14 & 15 VICTORIA, Cap.xcni. The Birmingham Improvement Act, 1851. driving of Carts and Carriages used for conveying Goods, Wares, and Merchandises therein; And whereas another Act was passed in the Ninth Year of the Reign of His Majesty King George the Fourth, 9G.4. c.54. intituled An Act for better paving, lighting, watching, cleansing, and 8 & 9 Vict. c. 194. Municipal Charter, dated 31st Oct. 1838. otherwise improving the Town c/1 Birmingham in the County of Warwick, and for regulating the Police and Markets of the said Town ; And whereas another Act was passed in the Session of Parliament held in the Eighth and Ninth Years of the Reign of Her present Majesty, intituled An Act for draining, cleansing, and improving the Hamlets or Liberties of Duddeston and Nechells in the Parish of Aston near Birmingham in the County of Warwick: And whereas Her present Majesty, by the Advice of Her Privy Council, by certain Letters Patent under the Great Seal of the United Kingdom of Great Britain and Ireland, bearing Date the Thirty-first Day of October One thousand eight hundred and thirty-eight, granted that the Inhabitants of the Borough of Birmingham residing within the District comprised within the Boundary of the Parliamentary Borough of Birmingham in the County of Warwick, (that is to say,) the respective Parishes of Birmingham and Edgbaston, and the said several Hamlets or Townships of Deretend and Bordesley, and Duddeston and Nechells, in the Parish of Aston in the County of Warwick, and their Successors, should be for ever thereafter One Body Politic and Corporate in Deed, Fact, and Name, and that the said Body Corporate should be called " The Mayor, Aldermen, and Burgesses of the Borough of Birmingham," and should have perpetual Succession and a Common Seal: And whereas it would be attended with great public Advantage if the Sewerage, Drainage, cleansing, lighting, paving, supplying wTith Water, and otherwise improving the said Borough, and the holding of Markets and Fairs therein, were placed under the Control of One governing Body; and it is therefore expedient that the Estates, Properties, and Effects now vested in the respective Commissioners acting under the said recited Acts should be transferred to and vested in the said Mayor, Aldermen, and Burgesses; that the said Acts should be repealed; and that other Powers should be granted to the said Mayor, Aldermen, and Burgesses for the Purposes aforesaid, and for the general good Government of the said Borough: 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, Commence- I. That this Act shall commence and take effect on and from the ment of Act. Yirst Day of January One thousand eight hundred and fifty-two. Interpretation of Terms. II. That in this Act, and in any Act incorporated herewith, the following Words and Expressions shall have the several Meanings hereby assigned 14 & 15 VICTORIA, Gy.xciii. 1379 * . ^^ ^ ____^^__^___ The Birmingham Improvement Act, 1851. assigned to them, unless there be something in the Subject or Context repugnant to such Construction; (that is to say,) The Word " Person " or the Word " Persons " shall include Cor- + porations, whether aggregate or sole : The Word " Oath " shall include Affirmations in case of Quakers, or other Declaration or Solemnity lawfully substituted for an Oath in case of any other Persons exempted by Law from the Necessity of taking an Oath: The Words " Superior Courts " shall mean Her Majesty's Superior Courts of Record at Westminster : The Words "Borough Sessions" or " Quarter Sessions " shall mean the General or Quarter Sessions of the Peace for the Borough of Birmingham ; The Word " Borough " shall mean the Borough of Birmingham: The Words " Mayor, Aldermen, and Burgesses " shall mean the Mayor, Aldermen, and Burgesses of the Borough of Birmingham: The Word " Council" shall mean the Council of the Borough of Birmingham: The Word " Committee" shall mean any Committee to be appointed by the Council: The Words "Town Clerk" shall mean the Town Clerk of the Borough of Birmingham: The Word " Justice " shall mean Justice of the Peace acting for the Borough of Birmingham; and where any Matter is authorized or required to be done by Two Justices, the Expression " Two Justices " shall be understood to mean Two or more Justices met and acting together: The Word " Arbitrators" shall include a single Arbitrator ; and the Words " Arbitrators" and " Arbitrator" shall include an Umpire: The Word " Street" shall include any present or future Square, Court, Alley, Way, Highway, Lane, Road, Thoroughfare, public Passage or Place within the Borough of Birmingham : The Word " Owner," used with reference to any Lands or Buildings in respect of which any Work is required to be done or any Rate to be paid under this Act, shall mean the Person for the Time being entitled to receive, or who, if such Lands or Buildings were let to a Tenant at Rackrent, would be entitled to receive, the Rackrent from the Occupier thereof, and when used in reference to the Purchase of any Lands shall include all Persons capacitated to sell Lands under the Provisions of " The Lands Clauses Consolidation Act, 1845:" The Words " Rack Rent" wThen used in the Clauses herewith incorporated of " The Towns Improvement Clauses Act, 1847," shall have the same Meaning as they have in that Act, and when used in this Act shall mean Rent which is not less than Two Thirds of the 1380 14 & 15 VICTORIA, Cap.xcm. The Birmingham Improvement Act, J 851. the full net annual Value of the Property out of which the Rent arises; and the full net annual Value shall be taken to be the Rent at which the Property might reasonably be expected to let from Year to Year, free from all usual Tenant's Rates and Taxes, and Tithe Commutation Rentcharge (if any), and deducting therefrom the probable average annual Cost of the Repairs, Insurance, and other Expenses (if any) necessary to maintain the same in a State to command such Rent: The Word " Hide " shall mean the Skin of any Animal: And whenever any Forfeiture, Penalty, or Damage is payable to a Party aggrieved, it shall be payable to a Body Corporate in like Manner as to an Individual; and when the doing of any Act or Thing is made punishable by this Act, or by any of the Byelaws to be made as herein-after mentioned, with any Penalty, Fine, or Forfeiture, the causing, procuring, permitting, or suffering such Act or Thing to be done shall be punishable in like Manner. The Council III. That the Mayor, Aldermen, and Burgesses of the Borough of of the Bo- Birmingham, by the Council of the Borough, shall be and they are carry the Act hereby empowered to carry this Act into execution. into execu* Si t TH ^* That in citing this Act for any Purpose it shall be sufficient to use the Expression " The Birmingham Improvement Act, 1851." Limits of this Act. V. That the Limits of this Act shall be the Municipal Boundaries of the Borough of Birmingham, and this Act shall and may be put in force within the said Limits or any Part thereof. Property of VI. That from and after the Commencement of this Act all the sioners^ve^t- Puklic Buildings, Messuages, Lands, and Hereditaments, of what-ed in the soever Tenure or Description, whether corporeal or incorporeal, which Corporation. g^aH immediately before the First Day of January One thousand eight hundred and fifty-two belong to or be vested in the respective Commissioners under the said recited Acts, or in any Person or Persons in trust for the said respective Commissioners, for all or any of the Purposes of the said recited Acts or any or either of them, and all Rights and Privileges whatsoever, including the Right of holding Markets and Fairs in the Manor of Birmingham or elsewhere, which are now vested in the said respective Commissioners under any or either of the said Acts, or which may have been acquired under or by virtue of such Acts or any or either of them, or with the Money or Funds raised under the same Acts respectively, and also all the Monies, Securities for Money, Deeds, Books, Writings, Maps, Plans, and Personal Estate whatsoever, and the Benefit of all Covenants and all Claims which shall then belong to or be vested in the said respective Commissioners under the said recited Acts or any or either 14 & 15 VICTORIA, Vxciii. 1381 The Birmingham Improvement Act, 1851. either of them, shall be and the same are hereby vested in the Mayor, Aldermen, and...

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