Grimsby Corporation Act 1921
| Jurisdiction | UK Non-devolved |
| Citation | 1921 c. lxxvi |
| Year | 1921 |
[11
&
12
GEO,
5.1
Grimsby
Corporation
[Ch.
1xxvi.j
Act,
1921,
CHAPTER
lxxvi.
An Act to empower the mayor aldermen and
AD.
1921.
-
burgesses
of
thc county borough
of
Grimsby
to construct and work tramways and to
provide and work trolley vehicles to make
street works and improvements
to
confer
further powers with respect
to
their electricity
and markets undertakings
to
make various
provisions and
to
confer various powers in
regard
to
the health and for the improvement
and good government of the borough and
for other purposes. [4th August
1921.1
HEREAS the county borough
of
Grimsby (herein-
\v
after
called
"
the borough
")
is subject to the
Acts relating to municipal corporations and
is
under
the government of the mayor aldermen and burgesses
of
the borough (hereinafter called
"
the Corporation
")
acting by the council
:
And whereas the several local Acts and Provisional
Orders mentioned in the
First
Schedule
to
this Act
(savc
so
far
as
any
of
them is amended by any later
Act or Order among the same)
are
in force within the
borough which Acts and Orders
are
in this Act referred
to collectively
as
"
the former Acts
"
and each of them
separately
as
an Act or Order of the year in which the
same was passed
or
macle
:
And whereas under and by virtue
of
the Great
the Corporation
are empowered upon the terms and subject
to
the
provisioiis contained in that Act
to
purchase
SO
much
[Price
7s.
9d.
Net.]
A
1
[Cb.
Ixxvi.]
Griinsby
Corporution
111
cyt
12
(=;EO.
5.)
Act,
1921.
*\.D.
1~1.
of
tlic
iiiiclert~liili(r
of
tlrv
Great
Gi*ii1i8+by
Ktrwt
'I'rani-
~vvays
('oiiilmiiy
:I,
1.;
,iiti\stc
witliiii
tlic
h~~~gli
:
AIKI
whvrcha.;
it
i.;
eq)etiieiii
tiiat
tlic
(yorpors
'lJ
1'
1011
slioulci
be
eiiipo~wred
to
-\vork
tlie
tri:m\vap
n-itliiii
the
borougli
formiiig
],art
of
tlx
aid
imci(~rhd&g
if
aid
when
tlicy
sliull
acquire
the
saiiie
:
Anti
whereas it
is
exlmlieiit
tli
:it
tlie
("or1)or
a
t
1011
*
should
be
authorised
to
construct aid
work
the
train
-
ways
in
the
borongh
lierciiiafter
deicribed
ailcl
that
the
furtlier
powers with referellcc
to
tramwa)-s
contained in
tlii~
Act
4inuld
be
coiifcrred
ripon
the
('orl)oratioii
:
And n.liereas
j
1
i.; cs~)cdiciit
that
the
('or~)oratioii
sliould
be
aiitliori-ml
to
provide
mid
TI-ork
trollcy
vehicles
:
Xiid
whcrca.; it is
cq)eiliciit
that
tlie
C'or1)oratioii
slioidd
bc
siitliorisctl
to
miwtrnct
tlic
strcct
works
slid
im1)rovc:ueiits
and
wor1c4:
coiinected
tlierewitli Iiereinaftcr
described
:
Ancl
Tvlierea;:
it
is
expetliciit that
in
view
of
the
iiicrea
;e
which
1is.r
occurred
in
working costs the
~naxinirini
charge,
leviable
by
the
Corporation
for
the
supply
of
electricity
dionld
be increased
and
that
tlie
other
1)owers
in thi;;
Act
coiitaiiictl
with
reference
to
their
electricity
uuclt.rtaliing
t~lioi~ld
bc
conferred upon
the
Corporation
:
And
whereas
it
is
expdicnt
that
the
Corporation
should
bc
antlioii-,etl
to
take
ancl
use
lands
for
the
piirl)o+es
of
ancl
mder
the
1irovii.ions coiitaiiied in
tliid
Act
:
Ancl
mlieres.; a11 the
expenses
of
tlie
('orporation
whctlicr
ay
a
municil)al
or
sanitary
authority
or under
the
former
Acts
or
otherwise are payable
out
of
the
borough
f
uiid
aid
borough
rate
and
the
district fniid
and geiicral
di?trict
rate
or
one
oi
siicli
fi~itds
and
rates
:
Aiici
~vhcrcs-:
it
is
cxpc"lient
that
a11
the
said
expciiscs
of
tlie
Clor
pratio~l
d10111tl
hc>
defrayved
out
of
the
borough
falid
aiid
bouongli
rate
ancl
that
the
borough
rate
ihoultl
bc
Icvied
ai
part
OF
the
poor
rate
:
hid
-\There:%?
it
ii cxpedlieiit that further borrowing
po\vcrs
for
the
~)ur]'ose,.;
of
tlh Act
aiid
for the
othcr
purpies
licwiiiaftcr
referred
to
should
bc
confcrred
Aid
whereas
it
is
expcdient
thak
further provisioiis
slioulti
lie
nide
in
rcgsrd
to
:itrwt
+
hildings
~CIV~I'S
and
__
3
upon
tlie
C1orl)or'
ct
t'
1011
:
2
AD.
1921.
the two
liundrcd
aid thirty-fonrth section
of
the Public
:
.hid
whereas
in
relation
to
tlie
promotion
of
the
Bill
for
this Act the requircnients
of
the Borough
Funds
Acts
1872
aiid
1903
have
been observed
and
the
approval
of
the
Ministry
of
Health
has
been obtained
:
And whereas plans aiid sectioiis showing
the
lines
situations
and
levels
of
tlie tramways
’
and the street
works and improveineiits
by
this Act authorised and
plans showing the lands which may
be
compulsorily
acquircd uiider the powers
of
this Act and
a
book
of
refcreiice
to
those
plans
containing tlie naiiies
of
the
owners
or
reputed owiiers lessees or reputed
lessces
and
of
the occupiers
of
and
describing
such
lards have
bcen
deposited with the Clerk
of thc
Pcaec
for tlic
Parts
of
Lindsey in the County of Lincolii
aut2
are in this
Act
referred
to
as
tlie deposited plans sections aiid
book
of
reference
:
May
it
therefore please Your Majesty that
it
may
be enacted aid
be
it enacted by
the
King’s most
Excellent
llajesty
by
aiicl
with the advice
and
coiiseiit
of
tlie Lords
Spiritual
and
Temporal and
Coinnioiis
in this present
Psrliameiit asernbled aiid
by
tlie
authority
of
the
same
8s
follows (tliat is
to
say)
:-
.__
PART
I.
PRELIMINARY.
Short
and
cdlccti~
titlcs.
1.
This Act
may
be
cited as the Grimsby
Corpora-
tion
Act
1921
slid
this
A4ct
and the former
Acts
may be
cited togctlier
as
the Grimsby Corporatioii
Acts
1853
to
1921.
2.
This
Act
is
divided
into
Parts
as
folloms
:-
Act
divided
into
Parts.
Part
I
.-Preliminary.
Part
1
I.-Tramways.
Part 111.-Trolley Vehicles.
Part IV.-Provisions
as
to
Tramways
and
Part V.-Street Works
aiid
Improvements.
Part VI.-Lands.
Part V11.-Electricity.
Part
Part IX,-Sanitary Proviaioiis.
4
Trolley Vehicles.
VlII,
-S
treet
s
aiid
Buildings.
[11
&
12
GEO.
5.1
Grimsby
C'o~po?.ution
[oh.
1xxvi.j
Act,
1921.
Part
Part
Part
Part
Part
Part
Part
Part
Part
Part
X
.
-Hi1
man
Food.
A.D.
1921.
-
X
I.-Tiifectious
slid
Coiitagious Diseases.
XII.-Sexvers and Drains.
XI
T
I.
-3Tarlce
t
s.
X1V.--Verniinous Houses
aid
Persons.
XV.-Offensive Trades.
XVI.-Superaiiii~~~tioii
&e.
XV1I.-Coiisolidatioii
of
Rates.
XT'IIII.--Finaiice.
XTX.-nliscellaiieous.
3.
The following Acts
aiid
parts of Acts
(so
far
as
Incor1)ora-
the same are
applicable
for
the purposes
of
aiid not
tion
of
varied by or iiicoiisistent with this Act) are hereby
gcncral
incorporated with
a8iid
form
part
of this Act iianiely
:-
Acts.
(1)
The
Lands Clausc>s Acts with the
following
(A)
Section 127
of
the Laiids Clauses
Coii-
solidatioii Act 1845 (relating
to
tlie
sale
of
superfluous
lands)
is
not iiicorporated with
this
Act;
(B)
The boiid required by sectioii
85
of
the
Laiids
Clauses Coilsoliclation Act
1845
shall
be under the
seal
of
the Corporation
aiid
shall be suf'ficieiit without the addition
of
the
sureties mentioiied
iii
t'hat
sectioii
:
(2) Section
3
(Interpretation of terms) section 19
(Local authority may lease or take
tolls)
aiid
Parts
11.
and
111.
1870.
exception
and
modification
:-
4.
In this Act unless the subject
or
context
other-
Iritcqx:.
Terms
to which meanings
are
assigned by enactments
incorporated with this Act or which liave tlicwiii
special meanings liave iu this Act slid
for
the
purposes
of
this Act tlic
same
respective
meanings
;
"
The borough
"
meaiis
the county
borough
of
Grimsby
;
"
The
couiicil
"
ineaiis tlic town comicil
of
the
b
or
ou
g
h
;
"
The Corporatioii
"
meaiis the
niayor
aldermen
and burgesses
of
the borough acting by the
couiicil
;
wise require-
tatioii.
A3
5
[Ch.
lxxvi.]
Grimsby
Coqioration
[11
&
12
GEO.
6.1
Act,
1921.
A.D.
1921.
"
Revenues of the Corporation
"
iiicludes
the
revenues
of
the Corporation froni time
to
time
arising from
any
land
or
undertaking or other
property for the time being of the Corporation
and rates or coiitributioiis leviable
by
or
on the
order or precept
of
the Corporation;
"
The Laiids Clauses Acts
"
means the Laiids Clauses
Acts
as
varied
by
tlie Acquisition of Land
(Assessment
of
Conipensatioii) Act 1919
;
"
The tribunal
"
means the arbitrator to whom
any
question
of
disputed purchase money or
com-
pensation under this Act
is
referred
;
"
Tlic deposited plans
"
"
the deposited sections
"
and
"
the deposited book
of
reference
"
mean
respectively the plans
sections
and book of
reference deposited in relation to the Bill
for
this Act;
"
The fornier Acts
"
ineaiis the Acts and Provisioiial
Orders ooiifirnied by Parliament relating to the
borough
as
set out in tlie
First
Schedule to this
Act except any part of any such Acts or Orders
repealed by any subsequent Act
or
Order and
each of
such
Acts
aiid
Orders is in this
Act
rcfcrred
to
as
the Act or the Order of the year
in wliicli the
sanie
was
passed
or
made.
__
e
PART
11.
TRAMWAYS.
Powcr
to
5.
Subject
to
the provisioiis of this Act the Corpora-
~nakr
tram-
tioii iiiay make form lay dowii work use slid niaiiitain
witys.
wholly within the
borough
the tramways hereinaft
er
described in the lilies
and
situations and according
to
the levels
shown
on tlie deposited plans
and
sections
aiid
in all respects in accordance with those plans
and
sections with all necessary
and
proper rails plates sleepers
chaniiels
passages
slid
tubes
for
ropes cables wires
and
electric lilies juiictions turiitablcs turnouts crossings
passing-places
posts
polcs
brackets stables carriage-
liouses
c1c:lGts
buildings ciigiilcs dyiiaiiios works and
coiiveiiic'im:: coniiccted tlicrewitli respcctivcly (that is to
say)
:-
Tramway
No.
1
A tramway
(7
furlongs
2.70
chains
or thereabouts
iii
leiigth whereof
7
furlongs
8
&
12
GEO.
5.1
Grimsby Corporation
[Ch.
lxxvi.]
Act,
1921.
0.45
chain will be double line and
2-25
chains will
AI).
1921.
be siiigle line) comniencing iii Bargate by
a
-
junction with the existing tramway in that road
near thc juiictioii of Bargate and Welholme Road
and teriniiiatiiig in Scartlio Road
at
the boundary
of
the borough
:
'L'raiiiway
No.
2
A
traniway (double line)
3
furlongs
1.5
cliaiiis
or
thereabouts in lengtli (being
a
portion
of
Traniway
No.
2
as
shown on the
deposited plans) conimeiiciiig
at
the juiictioii
of
Weelsby Road with Haiiiton Sreiiue and termi-
nating in Haiiitoii Avenue by
a
junction with the
existing tramway
at
a
point
two
chains
or
thereabouts north
of
the juiictioii
of
Haiiitoii
Aveiiue with Welliolnie
Road
:
A
tramway (double line)
1
mile
2
*
25
chains or thereabouts in Ieiigtli comnieiiciiig
by
a
juiictioii with tlie existing tramway in Hainton
Aveiiue near
tlie
juiictioii therewith of Tasburgh
Street and terminatiiig in Clcetliorpe Road by
a
j
uiictioii with the existing tramway in that
road
near
the junction
of
Freeniaii Street with
Cleetliorpe Road
:
Tramway
Xo.
4
A
traniway (double line)
1-25
chaiiis
or thereabouts in length comnieiiciiig in Freeniaii
Street
by
a
juiiction with Tramway
No.
3
by
this Act authorised
near
the junction
of
Cleethorpe
Road with Freeman Street and terminating
iii
Cleethorpe Road by
a
junction with the existing
tramway near the said juiictioii
:
Tramway
No.
5
A
tramway (single line)
1
*
80
chains
or thereabouts
in
length in the Old Market Place
commeiieiiig by
a
j
ruiction with tlie existing
tramway
011
the
southern
side
of
the Old Market
Place and termiiiatiiig by
a
juiictioii
with
the
existing tramway on
the
north-western
side
of
the Old Narket Place:
A
tramway (siiigle line)
1
-
20 chains
or tliereabouts in lciigtli
in
Yictoria Street coni-
nieiiciiig by
a j
unction
with tlic existing tramway
at
a
point
2.50
cliaiiis
or thcrcabonts iiortli
of
the junctioii
of
Griiiic Street with T'ictoria Street
and termiiiatiiig in
a
tramway del$ intended
to be constructed
oii
lands on the west side
of
Victoria Street
:
Tramway
No.
3
Tramway
Xo.
6
9
A.D.
1921.
-
C'orlmr,
'3.
t'
1011
mny
rcYillcY~
foot\vay
for
\?
idth
of
construct-
ing
trani-
ways.
Itails
of
tram?.
ayh.
Plan
of
propohc'd
niode
of
construc-
tion.
I'ciialty
for.
not
innin-
taining
rail<
and
roacI5.
L11
&
12
GEO.
5.1
Qrintsby
Corporution
[Ch.
lxxvi.]
Acl,
1981.
liable
to
a
penalty
not
exceeding
five
pounds
aid
to
a
A.U.
iwi.
daily penalty not exceediiig
five
pounds.
__
(2)
In
case
it
is rcyresentcd in
writing
to
the Minister
of Transport
by
twenty
inhabitant
ratepayers
of
the
borough that the C'orporation
liave
made
defildt in
coniplying with the provisions of this section
or
with
any of the requirements of section
28
of tlic Trmiiways
Act
18iO
the Minister of Transport niay if
lit
tliiiiks fit
direct
an
inspection
by
an officcr
to
be
appointed
by liiiii
and
if
tlicx officer reports that the default
lias
been
proved
to liis satisfaction then
and
in every
such
case
a
copy
of that report
ccrtified
by
a
secretary
or
an
assistant
sccretary of the Ministry of
Traniport
may
7oc
;~dduced
as
evidence
of
tlw
default
and
of
tlic liability of the
Corporation
to
such
penalty
or
pmalties in respect thcreof
as
is
or
are by this section imposed.
tlie level of
any
road
along
or
itc'ross
which
any
part of
to
h
Jq~t
tlic
(
'or1)oration
tramways
is
laid
or
autlioriscc~
to
be
on
'?vel
of
laid
is
altered
the
('orporntion
inay
arid
dial1
from time
rutLC,
siirfacc
of
to time alter
or (as
the case may be) lay
their
rails
so
that the upyerniost surface thereof
shall
be on
a
level
with the surface of the
road
as
altered.
10.
Tf
and
wlienever after
the
pahiiiig
of
this Act
TratiiuyLjr
11.
Wliere
in
any
road
in which
ii
double
line
of
('ruhs-ovtq-s
tramway
is
laid
tlierc
shall
be
less width bctxem the
to
bo
con-
outside of
the
footpatli on cithcr side of
tlie
road
and
~~w',(~d
ill
tlic ~iearest rail of
the
traniwa>-
than
ninc
feet
six
inches
the ('orporation
dial1
if
illid wlicii
reqiiired
hy
the
Minister of 'I'rnnspolt construct
a
cross-over
or
cross-
overs connecting
tlic
one
traiiiway
witli
the othcr und
by tlie
iiicans
of siicli
crosh-over
or
erosb-o~ers
the traffic
sliall
when
necessary
be
divc~rtcti from me tramway to
the
other.
ccrtaiii
caws.
12.-(
1)
The
("orpration
iiiay
srihjcct
to
the
pro-
I~t~i\~~r
to
visions
of
this Act 11-it11
the
consent
of the filinister
of
inalw
atldi-
Transport
malx
niaintniii
nltw
antl
remo~'c1
siwh
cross-
tional
Cross-
overs
p~ssiing-pl~~cw
sidiiigs
jnnctionq
niitl
otlicr uwrks
in addition
to
tliose
p:~iiici~I:trly
hpcc'iiicd
in
:~ncl
atitlio-
risd
by
tliis
Act
as
tlic~y
fiiitl
ii~~
the cfTicicnt
working
of
tlie
C'orporatioii
tr*nm
wiys
or
for
providing access
to
;my
\v;welioitsch
stni)l(~s carriage-
houses
dep6ts engine-houses generating stations
or
worlis
of
the Corporation.
ovwb
antl
to
tloublc
rarnnay
:iry
01'
c~)iir.t~nie~iit
for
li11(>.;.
I1
[Ch.
lxxvi.]
Grimsby
Corpoi'ation
[ll
&
12
GEO.
5.1
Act,
1921.
A.D.
1921.
(2)
Notwithstanding anything shown on the depos-
ited plans or
in
any Act authorising the Corporation
tramways
or
any
of
tlieni the Corporation niay with the
consent of the Minister of Transport lay down double
lines in lieu of single or interlacing lines
or
single lines
in lieu
of
double
or
interlacing lines or interlacing lines
in lieu
of
double or single lines on any
of
the Corporation
tramways and may with the like consent at any time
alter the position in tlie road of any
of
the Corporation
tramways
or
any part thereof.
(3)
Provided that
if
in the construction
of
any
works under this section any rail is intended to be laid
nearer
to
the footpath than previously authorised in such
a
manner that for
a
distance
of
thirty feet or upwards
a
less space than nine feet six inches would intervene
between it and the outside
of
the footpath on either
side
of
the road the Corporation sliall not
less
than one
month before commencing the works give notice in
writing to every owner and occupier of houses shops or
warehouses abutting on the place where such less space
would intervene and such rail shall not except with the
consent
of
the Minister of Transport be
so
laid if the
owners
or
occupiers
of
one-third
of
such houses shops
or
warehouses by writing under their hands addressed
and delivered to the Corporation within three weeks
after receiving the notice from the Corporation express
their objection thereto.
13.
When by reason
of
the execution
of
any work
affecting the surface or soil
of
any road along or across
the carriageway
of
which any of the Corporation tram-
ways is laid it shall in the opinion of the Corporation
be expedient temporarily to remove or discontinue the
use of that tramway or any part tliercof the Corporation
niay construct in the same or any adjacent road and
maintain
a
temporary trainway in lieu
of
the tramway
or
part
of
the tramway
so
removed
or
discontinued.
Provided that such temporary tramway shall not
be
maintained for
a
longer period than three months without
the consent of tlie Minister of Transport Provided also
that no temporary tramway sliall be laid across any
level crossing of any railway belonging or leased to the
Great Northern Railway
Conipany
or
so
as
to
render
less convenient the access to or egress from any station
or
dep6t
of that company without tlie consent of such
company.
12
-
Temporary
tramways
maybe
made
when
necessary.
[I1
&
12
Gso.
5.1
Grimsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
14.-(1)
If
at any time any street or road in which
A.D.
1921.
any of the Corporation tramways is laid or is authorised
-
to be laid has bccn or shall be altcred
or
widened the
alter
posi-
Corporation
may
take up and remove such existing
tion
of
tramway or
any
part thereof and reconstruct tlie same
tramways.
or as the case may be lay down such authorised tramway
in such position in the said street or road as subject to
the provisions of this section they
may
think fit and the
Minister of Transport may approve.
(2)
In the exercise of the
powers
of this section no
rail shall except with the consent of the Minister of
Transport be
so
laid that for
a
distance of thirty feet
or upwards
a
lcss
spacc
than nine feet six inches shall
intervene between sucli rail
and
tlie outside of tlie
footway on citlier side of
tEic
road if one third of tlie
owners or one third of the occupiers of tlie houses
shops
or warehouses abutting upon the place where such less
space shall intervene shall by writing under their hands
addressed and delivered to the Corporation within
three weeks after receiving from the Corporation notice
in writing of tlicir intention express their objection
theret
0.
(3)
The Corporation shall not exercise the powers
of
this section outside the borough without the consent of
the local authority of the district affected and
if
there
be a road authority distinct from the local authority the
consent
of
such road authority also but such consents
shall not be unreasonably withheld and if any difference
shall arise between the Corporation and any such local
or
road authority under this section the same shall be
deemed to be a difference within the meaning of section
33
of the Tramways Act
1870
and shall be determined in
manner therein provided.
manner as they think
fit
(but subject to the provisions
poration
of this Act and to any byelaws for the time bcing in
tramways
force with respect to tlic carriages to be used on their
of
road
tramways) use the ('orporation tramways for sanitary
or
road-watering purposes and for the conveyance of
&c.
scavenging stuffs road metal and other materials required
for the works of the Corporation free of all tolls rates and
charges in respect of such use.
Power
to
15.
The Corporation may at
sucli
times and in such
Use
of
Cor-
for
carriage
16.
If
any obstruction to the traffic on any
of
the
Removalof
Corporation tramways
is
caused by any vehicle breaking
obstruc-
tions.
13
[Ch.
Ixxvi.]
flriwslq
Corporation
[11
&
13
GEO.
5.1
Act,
1921.
B.U.
t!l21.
down
or
my
load
falling froui
n
-\-cliiclc
tlic
person
in
clinrgc
of
tlic vtlliicle shnll fortliwitli
reiiiovc
tlic veliivlc
or
lonci
bo
RS
to
prmwit
the
contiiiiiaiicc
of
tlie
oh
iruction
and
if
lic
fails to
do
so
tlic
Corporation
iiiny
so
rcniove
the veliicle or
1o:ttl
:tnd
may
providc
and
use
all
nccc
plant
ancl
appartttus
and
tttlie
a11
necessary
stc
remove
any
such obstruction and the Corporation shall
in reniovirig any
such
obstruction outside
thc
borough
conform to the reasonable requirements
of
tlie
police.
Power
to
1
7.
Notwitlistanding anything
in
the
Traniways
(W)or"-
Act 1870
to
the contrary
the
Corporation
iii~y
place and
run
carriages on
and
inay
work
and
iiiay
denimd
slid
Lraniu
ay?
tslic tolls :tnd
cliargc~s
in
respect of the ('orporation
tramways
ancl
in
rebpect
of
tlic
use
of
such
carriages
and may
provitlc
snch
stables
buildings carriages trucks
engines
iiiachiiicra;
apparatus horses
steam
cahlc
electric
and
other plant appliances and convcniences
as
may
be
rcquisitc.
or
expedient for tlie convenient
working
or
iiser
of
the
Porporation traniways by animal
or
steam
or
iiieclianieal
power
but nothing in this section
shall
ciiipowver
the ('orporation to create
or
permit
a
nuisance
or
to nianufactare any
siwh
plant appliances
and
conveniences required for
the
working
or
user of tlie
said tramways.
--
tion.
Inspect
ion
by
hlinistcr
of
Trana-
port.
Period
for
completion
of
tram-
ways.
Power
to
iiw
trailer
Regulations
by
Corpora-
18.
Tlie
regulations autliorisecl
by
the
Traniways
Act 1870 to
be
matlc
by
the
promoters
of
any
traniway
and their lessees
inav
with
resneet
to
anv
of the Cor-
poration trsniwaps
b<
macle
by
&e
C'orporation alone.
19.
Tlic tramways sliall not
bc
opened for public
traffic until tlicy
ha.irc
been inspected
ancl
certified to
be
fit
for such traffic by
an
officer
appointed by the
Minister
of
Transport
.
20.
If
the tramways be not conipleted within
five
years
from the passing this
,4ct
or
such longer pwiotl
(if
my)
as
the
SIinistcr. of Transport
may
on
the applica-
tion
of
the
Corporation allow
then
on
the
expiration
of
the
period limited
by
or under
the
provisions
of
this
section
the
po~vers
by this
Act
granted
to
the
(Yorporation
for
constructing the
same
or
otherwisc
in
rclation thereto
shsll
cease
exccpt
as
to
so
much
of
the
tramways
us
are
then completed.
21.-(1)
The
Corporation
inay
with the consent
of
the
Xinister of Transport provide (but
shall
not
manu-
14
factnrc) ntaintniii
~vot~k
ancl
iisv
trdw
ca,i*ring,rcs and
AD.
1921.
*riap
oii
tliv
(
'oqwratioii tiwt1w;Lys
at
siicli
11.1
inihtvr
of
rl't.nnsl)ort
nit~y
a~qrove
mcl
for
sucli
~wi'iocls
;uti
on
sncli
tcriiis
mid
coiiclitioiis
ns
iiiny
be
expreswd
in
sncli
ap~)rov:~l
mid tliv lhiistcr
of
Trnns-
port
iiiay
wvoke
my
hiicli
:~pj)rovd
or
&er
tlic
terms
and conditions
of
an)-
such
;ipproval.
(3)
Tlic
trdw cni,riagcs
and
conplccl carriagcs
usecl
by
tlie (Yorpoi~ation nndcr
the
provisions
of
this section
slid
be
fitted svitli such brnlies
and
safety
appliances
as
tlic
llinihtec
of
Transport
may
approw
and
no
trailcs
coupletl
carriage sliall IF
used
by
the
(Yor.pora-
tlicl
design
t
1icr.c~)f
lins
been
appro~-cd
by
tlic
Jlitiihter of
Tr.nnsport.
(3)
Excqit
so
far
as
the
JZinister
cf
Transport
niny
othcrwisc allow the iinnilm
of
cariingcs
which niay
be
uscd
or
run
ntt;xclicd togctliclr shall
not
in
any
case
exceed
two.
tlic
Trsinrmps
Act
11470
to
pur~linse tix,niw-nys witliin the
C'orpration
k)oroiig!i
by
;tgrc~wient
ni~~
1~ew1)y
cstciiclcd
so
ad
to
to
r)urchase
autliorise
the
('orporation
to
p~trchasc
(by
agreement
with
outside
the
owners
and
lessees
(if niiy) thereof and with tlie
borough.
consent of
the
Minister
of
Transport and
of
the
local
authority in
whose
district they
arc
situate)
any
trarn-
ways outside
tlic
borougli
~vliicli niaj7 now
or
lieret~fter be
connected
U
itli
any
autliorised
traniwlays
at
any time
existing within
ibcl
lio~.ongli
or
svliich
cm
be
n-orlied in
connexioii tliercn-itli and
the
('orporation imy by
agreement
and
with
such
consent
as
aforesaid in lieu
of
purchasing take
a
lease of any lsucli tramways without
tlic
borough.
(2)
Nothing in this section sliall take
away
alter
or
prejudice
the
riglit
of
the local authority in
any
adjacent district
to
purchase
the
tramways in tliat
district under. ancl in accordancc with
the
-pro\-isions of
section
43
of
tlie
Traniways
Act
1S70
and
if
the
('orpora-
tion purchase any tramways
in
any
adjacent district
from
the
local
anthority tlicrcof
tlic
local authority
may
repurclinse
tlic
same
under
and
in
accordance with
tlic provisions
of
the.
said
section
ancl
in construing that
section for
the
purposes
of
this
section
the
('orpor
c2
t'
ion
sliall
be deenied
the
promoters
of
such
tramways.
any
local
authority
conillany
body
or
person
ou
ning
or
agrrccrnonts.
--
anti
couplccl
22.-(
1)
The
powv'rs
conferred
on thc
(
'orporation
by
Powcr
to
trainmays
23.-(1)
The
Corporation on the one
haiid
and
Working
15
[Ch.
lxxvi.]
Grimsby
Corporation
[11
&'
12
GEO.
5.1
Act,
1921.
A.D.
1921.
working any tramways which may now
or
hereafter be
connected with any of the Corporation tramways on the
other hand may enter into and carry into effect agree-
inents with respect
to
the following purposes or any
of
them (that is
to
say)
:-
(A)
The formation of junctions between the tram-
ways of the contracting parties;
(
B)
The working running over using maintaining
and managing by either of the contracting
parties of the tramways or any of thc tramways
of the other and the fixing collecting apportion-
ment and distribution of the fares and charges
or profits arising therefrom
;
(c) The
supply
and maintenance by the working
prty under and during the continuance
of
any such agreement
as
aforesaid for the working
of
the tramways
of
the contracting parties
of
rolling stock necessary for the purposes
of
such
agreement and the employment of officers and
servants
;
-
(D)
The supply of motive power;
(E)
The payments to be made and the conditions
to
be performed with respect
to
the matters
aforesaid
;
(
F)
The management regulation interchange collec-
tion transmission and delivery of traffic upon
or coming from or destined for the tramways
of the contracting parties.
(2)
During the continuance of any agreement under
this section for the working running over or user by one
of
the contracting parties
of
the tramways
of
the other
the tramways of the parties
so
contracting shall for the
purposes of calculating maximum fares and charges in
respect of conveyance partly over the tramways of the
one party and partly over those of the other be con-
sidered as one tramway and t,he maximum charge for
each portion of the entire clistmce over which conveyance
takes place shall be calculated at the maximum rate
which according to the scale applicable to such portion
would be chargeable for the entire distance.
(3)
In this section the word
"
tramways
"
includes
light railways.
24.
The Corporation may at any time after they
shall have acquired the existing tramway
in
Welholme
Discontinu-
ance
of
16
~11
&
12
GEO.
5.1
Grimsby
Corporation.
[Ch.
lxxvi.]
Act,
1921.
Road
abandon
and
discontinue
the
said tramway and
A.D.
1921.
may
either after or
(ly
arrangeiiicnt with the owners
trancy
j,
of
the
said tramway) before such acquisition take
up
bTc'elholr;le
and
~'eniove
and use for or in connexion with any of the
1toacl.
Corporation tramways the
posts
rails apparatus and
cquipinent upon or in connexion with the said tramway.
shall
have
acquired any of the existing tramways (or
re
by arrangeinclit with tlie owners of such traniway before
tranlr,
a?.s.
such acquisition) reconstruct that trainway and in
so
doing
may
with
the
consent
of
the Minister
of
Transport
lay
clown
a
double line instead of
a
single line or lay
tlic
ti~anirvay
in
a
different position in the street from that
of
the
existing tramway Provided that if in the exercise
of the powers
of
this section any rail is intendcd to be
laid nearer to the footpath tlian previously authorised
in
such
a
niaiincr that for a distance of thirty feet or
upwards
a
less
space than nine feet six inches
~vould
iiitcrrcnc
lictwccn
it and the outside of the footpath
on cither side of the road the corporation shall not less
than
one
inonth before comiiiencing the work give notice
in
writing to every owner
and
occupier
of
houses shops
or
n-arehouses abutting on the place where
such
lees
space
would
intervene and such rail shall not except
with
the
ronsent
of
the Jlinister of Transport be
so
laid
if the
on'ners
or occupiers of one-third of such houscs
shops
or
warehouses
by writing under their hands
addressed
and
delimred
to
the Corporation
wj
thin
throc
n-ecks
after receiving the notice from the Corpora-
tion
cxprcss
their objection thereto.
Act
or
sllo~n upon the deposited plans the Corporation
on
construc.
slinll
not except with the consent of the owners of the
tion
of
certain
of
existing
tramways
construct any
of
the tramways in the
the
trarrl-
part
of
any
street
in which any of the existing tramways
nays.
or
any
portion
thereof is situate or form any junction
bctwecn
any
of the trainways and any of the existing
trainways
~III~W
and until in either case thcy shall have
acquircd
sucll
clxisting tramway.
rclating
.to
thc
triaking of byelaws by the local authority
local
with
respect
to
tlie rate of
specti
to
be obserred in
aut'rorit3..
travclling on the tramways shall
not
authorise the local
25.
The
Corporation
map
at any time after they
Powcr
to
26.
?Cotwithstanding anyhhing contained in this
Rcstrivtion
27.
Thr.
provisions
of
the
Tramways
Act
1S70
Byclans
by
B
17
authority to
inalie
any
byelaws sanctioning
a
higher
rate
of
speed
than
tht
authorised
by
this
Act
or
by
the
regulations of the 53inister of Transport but the
byelaws
of
the
local authority may restrict the rate
of
speed
to
:a,
lower
rate
than
that
so
authorised.
28.
811
orders regulations and byelaws made by
tlic
Minister
of
Transport under
the
authority of this
Act shall be signed by a secretary or an assistant secretary
of the Ministry
of
Transport.
29.
The powers conferred upon the Corporation
by
this Part of this Act shall
bp
exercisable by them with
reference to the existin? tramways when acquired
by
tlie
Corporation
in
addition to the powers contained in
the existing. Acts relating
to
those tramways
and
such
of
the
provisions of those
Acts
as
are inconsistent wit,h
the provisions of this
Act
shall
not
apply
to
the existing
trainways in
the
hands of the Corporation.
30.
Nothing in this Part of this Act contained shall
exempt the Corporation
or
the traniwaps from the
provisions of
any
general
Act
relating
to
tramways
passed before
or
after the cnnunenccrhent of this Act
or from any future revision
or
alteration under the
authority
of
Pasrliarnent
of
the maximum fares
or
charges
authorised
by
this Act.
31.
Nothing in this Part of this Act
sEiall
prejudice
or
affect the rights of
tlie
urban district Council
of
Cleethorpes under the ageement dated
the
eighteenth
day of April one thousand nine hundred and eleven
and
made between that council of
the
one part and the Great
Grinisby Street Trarnways ('ornpany
of
the
other part
or under sections
17
and
18
of
the
Great Grimsby Street
Trmnways Act
1899.
PART
111.
TROLLEY
VEHICLES.
32.
The Corporation niay provide maintain and
equip (but
shall
not manufacture) trolley vehicles
and
may
use the same upon the following trolley vehicle
routes in the
borough
:-
(1)
Along Victoria Street in
a
westerly direction
Victoria Street West George Street Osborne
18
1%
12
GEO.
5.1
Grimsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
Street South Saint Mary’s Gate
Bethlehem
A.])
IO~I.
Street
Old
hlarkct Place
C’hurch
Lane
Deansgate
and Bargate from the site of
the
intended
tramway dep6t in Victoria Street to
the
junction
of
Bargate
and Weelsby Road:
Along Victoria Street Victoria Street liest Old
Market Place Wellowgate (across
tlie
Great
Central Railway Coinpany’s
levcl
crossing) Brig-
howgate and Barpte from tlic
said
intendccll
tramway
dcp6t
to
the
junction of Bargate
with
Brigliowgate
:
Along Bargate and
Scartlio
Road
froni
the
junction of Bargate with
JVcelsby
Road
to
the
point
at
wliicli the boundary of tlie borough
intersects Scartho Road
:
Along
TYeelsby
Road (across the
Great
Nortliern
Railway (Yonipany’s
level
crossing) Hainton
Avenue Hainton
8quarc
Freeman Street
(‘lee-
thorpe Road (across
the
Great Central Railway
Company’s
level
crossing)
and
Victoria Street
from
the
jnnction
of
Weekby
Road with
Jiargate to tlie said inteiided tramway clepht
in
Victoria Street.
33.
Subject to the provisions
of
this Act
the
Corporation
Corporation shall
liavc
tlic exclusivc right of using any
to
ha^
apparatus
provitleci
crccted or maintained
by
then1 for
the purpose of working
the
trolley vehicles
and
any
uslnp
person (except
by
agreement with
the
Corporation) using
apparatus
the
said
apparatus
sliall
for
every
offence
be
liablc to
for
working
a
penalty not exceeding twenty pouncls.
34.
The following provisions of tlie Traiinvays Act
Applic~tion
1870
incorporated with tliis Act
shall
apply
to
tlic
trolley
of
certain
vehicles authorised by tliis Act and
such
provisions shall
prorision’
of
Train-
be
read
and
have effect as if tlie works
to
be
constructed
\:a!-s
Act
in
tlic footpaths or carriageways of the streets for moving
1p70
to
tlie trolley vehicles
by
elcctrical
powcr
were
tramways
tl
ollcy
and as
if
the said trolley vehicles
werc
carriages used
vchiclc~
on tranirvays
:-
Part
I1
(Rclatiiig
to
the
construction
of
tramways)
Scction
46
(Byelaws
by local aiitliorit~y
Promoters
Section
47
IPeiitrlties
may
bc iniposcd
in
byc1au.s)
;
trolley
vehicles.
except sections
25 28
and
29;
may
make ccrt aiii regulations)
;
B2
19
[Ch.
lxxvi.]
Grimsby
Corporation
[11
S:
12
GEO.
5.1
Act,
1921.
AD.
1921.
Section
48
Section
49
Section
51
Section
53
Section
55
Section
56
Scction
57
Section
60
Scction
61
(Power
to
local authority
to
license
(Penalty for obstruction
of
proniotcrs
(Penalty
on
passengers practising frauds
(Penalty for bringing dangerous
goods
(Proinoters
or lessees
to
be
rc~sponsiblv
for
all
damages);
(Recovery of tolls penalties
&c.)
;
(Riglit
of
user only)
;
(Reserving powers
of
street aut1ioritic.s
(Power for local or
police
autlioritics
to
drivers conductors kc.)
;
in laying out tramway)
;
on the promoters)
;
on
the
trnmw;%y)
:
to widen &c. roads); and
regulate traffic in roads):
c
Provided
that
nothing
in
this section shall be deemed
to
exclude
a
trolley vehicle from the provisions
of
section
78
of
the Highway Act
1835
as
to
the side of the road on
which any wagon cart
or
other carriage is to be kept.
Dutic\
on
35.
Nothing in
this
Act
shall
in
any way
affect
the
li~nccs
for
duties
of
excise now payable by law
on
licences to
be
trollf'y
taken out
for
the trolley vehicles authorised by
this
Act
vehicles.
as carriages or light loconiotiivx or hackney carriages.
Trolley
36.
The trolley vehicles authorised by this Act shall
vehicles
not be deemed to be light locomotives within the meaning
not
to
be
of
the
Loconiotives on Highways Act
1896
or
of
the bye-
laws
and
regulations niade thereunder nor shall they be
dccmed
light
loco-
nlotivci
deemed
to
be motor cars within the meaning
of
any pro-
motor
cars.
visions
of
(except subsection
(1)
of section
1
of that
A4ct
and the provisions necessary
for
enforcing that subsection) and subject to that
exception neither that Act nor the schedule
to
the
Locomotix-es on Highways Act
1896
nor the Loconiotives
Act
1898
shall
apply
to
the said trolley vehicles.
37.
The trolley vehicles authorised by this Act
and
the electrical equipment thereof shall
be
of
such form
construction and dimensions
as
tlie Minister
of
Transport
map approve and
no
trolley vehicle sliall
be
used
by
the
Corporation whicli docs not coriiply
with
tEic
rcyuirc-
i-nents
of
tlic Minister
of
Transport and
no
such Tdiiclc
shall exceed
a
weight of
five
tons
or
such
greater \wight
as
tlie Minister
of
Transport may approve.
L4pprova1
of
trolley
vchiclcs
by
;\hiiter
of
T~~~~~~~~~,
20
[11
&
12
Geo.
5.1
Grimsby
Coiyowrtion
[Ch.lxxvi.]
L4Cf)
1921.
38.
The
trolley vcliirle systtciii shall not be opened
AD.
1921.
for
public tmffic iintil
it
lins hen inspected ancl certified
Il,ypez
~~
39.--(
I)
If
tLt
:IIIJ~
ti111c.
Ilcr*c;Lftcr
the (‘oq)ora,tion
Minister
of
Minister
of
Tr~nq~~rt
to
h
fit
for
tn,ffiv
by
tlie Jlinistw
of
Transport.
desire to
pl”ovid0
ninintuin CYliIip
;~iid
use trolley
vehicles
Tra11sPurt
upon any
road
wlictlicr within
or
hcyond
the
borough
*’lay
aut
horisc
as
defined
by
tlic Traiiiways
Act
1870
(other
than
the
streets
and
roads in this
Part
of
this
Act hereinbefore
,
e1licle.s.
reIerretl
to)
they
may
make
application to tlic Minister
of Transport and the Minister
of
Transport shall
be
and
hc
is
lierebp
cmpowei~cd
(subject
as
regards any
road
outside the borough to the
consent
of
the
local authority
of
the
district but
so
that
tlic conwrit
of
a
local authority
sliall not be urireasoiiabl~
n-i
tillleld
and that any question
whether
or
not
such
conscnt
has
been
unreasonably
withlield shall
bc
cicterininc~l
by
the Mini?ter of Transport)
to malic
a
Provisional
Ordcr
authorising
the
use
of trolley
vehicles upon any
road
or
rouis
to
\cliicli
such
application
relates
aid
also
enil)owwing
tlic
C‘oiyoration to place
erect and niaintnin in
untlcr
ancl
along
such roads cables
wires posts poles mid any y)tlicr liecc
ary
or
convenient
apparatus or equipment
for
tlic
purpose
of working
thc
trolley
veliicles
aiicl
to supply electrical energy
by
nieans
of
such
apparatus for that purpose and any such Provi-
sional Order inay
vary
or
modify
or
render inapplicable
the
provisions
of
tlie
Town Police Clauses Acts
18-17
and
1889 the Tramways Act 1870 tlie Locomotives on
the
and
the
Motor
(’ar
Act
1903
or
any
enactments incorporated
therein or
byelam
or
regulations
macle
thereunder
respectivcl
y.
(2)
No
such application
shall
be entertained by tlie
Minister of Transport unless the Corporation
shall-
(a)
Have published once in each
of
two succest4ve
weeks in
tlie
months of Octobcr
or
Noveniber in
some
ncwspapcr
or
newspapers circulating
in
tlie
district to which the application relates notice
of
their intention to make such application and
have
published once in one
or
other
of
tlie
same
months
tlic
likc notice
in
the London Gazette
;
(n)
Ha1.c
poited for fourteen consecutive days in the
montlis
of
October
or Noveniber
in
conspicuous
psitiour-; in
each
of
the several streets
or
roads
to which
such
a1)plication rclatcs
a
notice of
their iritciitiori to niake such application
;
B3
21
11)
~$121.
and each such noticc shall state the time
and
nicthod
for bringing before the Minister
of
Transport any
ol)jc'c-
tions to the grant
of
such applicr
rt
t'
1011.
(3)
The Minister
of
Transport niay and he is hexby
einpowered
to
piwcribe tlie procedure with respect to
any application for
a
Provisional Order under this section.
(4)
The Xinister
of
Transport slid1 consider
any
such application and niay if he think fit direct an inquiry
in relation thereto to be held or niay otherwise inquire
as
to the propriety
of
proceeding
upon
such application
and
he
shall consider any objection
to
such applic
a
t' ion
that
may
be
lodged
with liim in accordance with
tlie
prescribed procedure
and
shall clcterminc whether or not
it is expedient and proper
that
tlie application be granted
either with or without addition
or
niodification
or
subject
or not
to
any restriction or condition.
(5)
The
C'orporation shall not under section
23
of
the
ltfiglimays
and Locomotives (Amcnclment) Act
1878
as
amended
by
section
12
of
the Loconiotives Act
18%
or otherwise be liable to any claini in respect
of
extra-
ordinary traffic by reason of the
user
of
any
road by the
trolley vehicles
of
tlie Corporation.
(6)
In any case where
it
shall appear to the Minister
of Transport expedient
and
proper that the application
be granted he may settle and make
a
Provisional Ordcr
authorising
the
same and sld
as
soon
as
conveniently
inay
be thereafter procure
a
Bill
to
be introduced into
either House of Parliament for an Act
to
confirni
the
Provisional Order which shall be set
out
at length in tlie
schedule
to
the Bill
and
until confirniation with or
without aniendment by such Act
of
Parlisriient
a
Pro-
visional Order under this Part of this Act shall
not
have
any operation.
(7)
If
while any such Bill is pending in either
House
of
Parliament
a
petition is presented against any Pro-
visional Order coniprised therein
the
Bill
so
far
as
it
relates
to
the order petitioned against may
bc
referred
to
a
Select Comniittee and the petitioner shall
be
allowed
to
appear and oppose
as
in the case
of
a
Bill
for
a special
Act.
(8)
The
Act
of
Parliament confirming a Provisional
Order under this Act shall be deenied a public gencral
Act.
(9)
The making
of
a
Provisional Order under this
section shall be prim& facie evidence that all
the
require-
__
22
[11
&
12
GEO.
5.1
Gyimsby
C’oqm*nfion
[Ch.
lxxvi.]
Act.
1921.
ments of this section in respect of proceedings required
A
D.
iwi.
to
be
taken
previously
to
the
making
of
such Provisional
-
--
Order have been coinplied with.
(10)
Any
espenscs incurred
by
the Minister
of
Transport
in
connexion with
the
preparation and making
of
aiiy such Provisional Order ancl
any
expenses incurred
by
the Minister of Transport in coiincsion with any
inquiry under this section sliall be paid
by
tlie
(‘orpora-
tion.
40.
Nothing in this
Part
of this
Act
slinll
impose
Saving
for
any
obligation
on
or
cnlttrge any obligation of the Great
crmt
(!m-
Ccntral Itailway Conipany to streiigtlic~n adapt alter or
tral
n-a?.
Rail-
(’om-
recoiidruct
any
bridgo mnintainablc
by
thein.
I)“”’.
PART
IV.
PROVISIOSS
AS
TO
TRAMTT~APS
AND
TROLLEY
VEHICLES.
4
1.
Tlic carriages used on the
(
‘orporation tram-
Provisions
ways
may be
moved
by aninial power
or
subject
to
the
mto1notivc
following provisions by niechanicd
power
and
the trolley
Po”
vehicles niay be moved by mechanical power subject
to
those provisions (that is
to
The mechanical
power
shall not be
used
except
with the consent
of
and according
to
a
system
approved
by
tlie Minister of Transport
:
(2)
The Ninister of Transport
shall
inalie regida-
tions (in this
Act
referred to
as
‘*
the electrical
power regulations
”)
for securing
to
the
public
all reasonable protection against clanger arising
froni
tlie
use under this Act of nicclianical
power on the C’orporation
traiiimJys
and
for
propelling
the
trolley
vehicles
and
for regulating
tlie
use
of
electrical power
:
(3)
Tlic Corporation
or
any
conipany or person using
any nicclianical power on tlie (’orporation
trani-
ways
or
the trolley vehicles contrary
to
the
proi%ions of
this
Act
or
of
the
elcctrical
power
ryplations sliall
for
every
such offence be liable
to
a
pemdty not exceeding ten pounds arid
also
in the case
of
a
continuing offence
to
a
further
ponalty
not exceeding five
pounds
for every
clay
during which such offencc is continued
after conviction tlicreof
:
B4
23
[Ch.
1Xxvi.l
G.rim.sby
Corporation
[11
&
12
GEO.
5.1
Act,
1921.
A.D.
1921.
(4)
The
Minister of Transport if lie is of opinion-
__
(A)
That the Corporation or such company
or person have or has made default in coniply-
ing with thc provisions of this Act or of the
electrical power regulations wlicther
a
penalty
in respect
of
such non-conipliance has or
has
not been recovered
;
or
(B)
That the
use
of mechanical power
as
authorised under this Act is
a
dangcr
to
the
passengers or the public
;
may
by order either direct the Clorpor a
t’
ion or
such company or person
to
cease to
use
such
mechanical power or permit the same to
be
continued only subject to such conditions
as
tlie
Minister of Transport may imposc and the
Cor-
poration or such company or person shall
coniply with every such order In
cwry
such
case the Minister of Transport shall makc
a
special report to Parliament notifying
the
making of such order.
Provisions
42.
The following provisions shall apply
to
the
use
as
to
US?
of
of electrical power on the Corporation tramways and for
elwtrical
propelling the trolley vehicles unless such pom7er is
pon
er.
entirely contained in and carried along with the carriages
or
trolley vehicles
:-
(1)
The Corporation shall employ either insulated
returns or uninsulated metallic returns of
low
resistance
:
(2)
The Corporation shall take all reasonablc pre-
cautions in constructing placing and maintaining
their electric lines and circuits and other works
of all descriptions and also in working their
tramway and trolley vehicle undertakings
so
as
not injuriously to affect by fusion or electrolytic
action any gas or water pipes or other metallic
pipes structures or substances
or
to interfere
with the working of any wire line or apparatus
from time to time used for the purpose of trans-
mitting electrical power or
of
telegraphic tcle-
phonic or electric signalling coniinnnication or
the currents in such wire line or apparatus
:
(3)
The
electrical power shall be used only in accord-
ance with the electrical power regulations
aiid
in such regulations provisions shall
be
made for
24
11
R:
12
Geo.
5.1
Grimsby
('o~po~~liion
[Ch.
lxxvi.]
Act,
1921.
preventing fusion
or
injurious electrolytic action
AD.
1921.
of
or on gas or
water
pipes
or
other nletallic
--
pipes structures or substances and for inini-
iiiising as far as is reasonably practicable
injurious interference with the electric wires
lines and apparatus of other parti-es and the
currents therein whether such lines
do
or
do
not
use the earth
as
a return
:
(4)
The
Corporation shall bc deenietl
to
take all
reasonable
and
proper precautions against inter-
ference
with
the worliiiig
of
any wire line or
apparatus if
and
so
long
as
they adopt and
ernploy at the option of the Corporation either
such
insulated returns or suchuninsulated metallic
returns of
low
resistance
and
such other iiicans
of preventing injurious interference with the
electric wires lines and apparatus of other parties
and the currents therein as may
be
prescribed
by the electrical power regulatioiis
and
in pre-
scribing such nieans the Minister of Transport
shall have regard to the expensc involved and
to the effect thereof upon the coiiiniercial
prospects of the undertaking
:
(5)
At the expiration
of
two years from the passing
of this Act the provisions of this section shall
not operate to give any right of action in respect
of
injurious interference with any electric wires
lines or apparatus
or
the currents therein unless
in the construction erection maintaining and
working of such wires lines and apparatus all
reasonable and proper precautions including the
use
of
an insulated return hare been taken to
prevent injurious interference therewith and with
the currents therein
by
or
froin other electric
.currents
:
(6)
If
any difference arises between the ('orporation
and any other party with respect to anything in
this section contained such difference
shall
unless
the parties otherwise agree
hc
cleterriiinrd
by
the
Minister of Transport or at his option
by
an
arbitrator
to
be appointed by hiin
and
the costs
of such determination shnll be in the discretion
of tlic hlinister or
of
the arbitrator
RS
thc
case
may be
:
25
[Ch.
Ixxvi.]
Gyi?mby
Corporntio~
[11
&
12
GEO.
5.1
Act,
1921.
A
L).
1921
..
(7)
T!ir
expression
"
Corporation
"
in this section
includc~s liccncees and any person owning working
or
running carriages
over
any
of
the
(brpora-
tion trainways
or
running trolley vehicles on the
trolley vehicle routes.
As
to
43.
The Corporation
niay
in untier or over the
(Lhtri('al
surface of the streets
or
roads along
or
adjoining those
\\
01
11,.
nlon;;
which
the Cor1)oration tramwap
are
or mill be
situated
or
along
or
adjoining those along which they are
or
inny
be authorised to run the trolley vehicles
or
in
w11ich it may be necessary
so
to do in order to connect
the Corporation
tramways
or
the apparatus and equip-
nicnt for worliing such trolley vehicles with any generating
station place erect and maintain all necessary standards
conductors and any necessary appliances for the purpose
of
working the Corporation tramways and the trolley
reliicles by electrical power and may for those purposes
subject to the provisions contained in
Part
IT.
of
the
any such street
or
road
or any sewers drains water
or
gas
pipes tubes wires telephonic
and
telegraphic apparatus
therein
or
thereunder and may supply electrical energy
for
the
purpose
of
moi~king the Corporation tramways antl
thc trolley vehicles.
Provided
that nothing in this section shall extend
to
or
authorise any interference with any works of any
undertakers within tlic meaning of the Electricity (Supply)
Acts 1882
to
1919 to n,hich the provisions
of
scction
15
of
the 13lcctric Lighting Act 1882 apply except in accord-
ance
with
arid subject to the provisions of
tliat
section.
Provided
also
that nothing in this section contained
shall
apply
to any private street
or
road
belonging to thc
Great Northern Ilailn-ay Company nor shall the Corpora-
tion in carrying
out
such works unreasonably obstruct
or
interfere. with the convciiient
access
to any such street
or
road.
2'1
'
or
irotc~
-
44.-(
A)
Notn itlistanding anvlliing in this Act con-
tion
of
~oit
taiiieti
if
any
of
t~ic
n.or\
author&c"i to
be
euecutcci
by
.this Act inx'oI\-es
or
is
~ilie~y
to
involve any alteration
of
0llic.c.
tclle-
pralh
liiic+
any telegraphic line Iwlonging to
or
used by the
Post-
In:tster-(~ecrit.ral
the
provisions
of
npl)ly
(instcatl of
the
prox%ions of section
30
of
the
Tr~ii~i~my~
Act
iS70)
to
any
such alteration.
26
(I
In
the
event
of
any-
of
the (’orporation
traniwags
A
I>.
1921.
or
tlic
trollcy ~ehicalc-; h4ng
workd
by electricity
the.
~-
following
provisions
sliall
have
effect
:--
(
1)
The Corporatioil shall construct their electric
lines and otlier
works
of
all descriptions and
sliall work their
tramway
ancl
trolley vehicle
undertakings in all respects
with
due regard to
the telegraphic lines froin tiiiic to
time
used
or
intendoti to be used
bj’
His
Jlajesty’s
Post-
inaster-General and tlic currents in
such
tclegrapliic 1int.s and shall use
eL-ery
reasonable
incans
in the cwiihtruction
of
tlicir electric lines
and
o-tl1c.r
wor1;s
of
all
descriptions and
tlie
worl
of
their
trnniwap
and trolley v~hicle
iintlcrtakings
to
prevent injurious affection
whether by iiiduction
or
otherwisc
to
such
telegraphic lines
or
tlie
currents therein Any
ditkrcnce which
arises
betwcen the Postmaster-
Gencral
and
tlie Corporation as
to
compliance
with
this
subsection shall
be
determined by
arbitration
:
(8)
If
any telegraphic line
of
the Postmaster-General
is
injuriously affected by the construction by
the Corporation
of
their electric lines
and
works
or
by the working
of
the
tramway and trolley
vehicle undertakings
of
the (‘orporation the
Corporation
shall
pay
the expense
of
all such
alterations in
thc.
telegraphic lines
of
the
Post-
master-General
as
may be necessary to remedy
such
injurious affcfcction
:
(3)
Before any electric line is laid down
or
any act
or work
for
workin5 the Corporation tramways
or the trolley vehicles by elcctricity
is
done
within ten yards
of
any part of
a
telcgraphic
line of the Posttnasier-General (other
than
repairs) the Corporation
or
their agents not
more than twenty-eight nor less than foiirteen
days
before commencing the
work
shall give
written notice
to
the Postmaster-~eneral speci-
fying the course
of
the
line
aiid
the
ilatut-e
of
the
work
including thc gauge
of
any \\.ire
and
the Corporation
ancl
their agents shall con-
form with such reasonable requirements (either
general or special)
as
tnay
fro111
tiiiic
to
time be
made
by the Postinaster-General
for
the purpose
27
[Ch.
lxxvi.]
Grimsby
Corporation
[I1
&
12
GEO.
5.1
Bet,
1921.
of preventing any telegraphic line of
the
Post-
niastc>r-General from being injuriously
affected
by
the
said act or work Any difference
which
arises bctwcen the Postmastcr-Genvml
mil
tliv
Corporation
as
to any reyuirenient
so
niczde
sliall
be determined by arbitration
:
(4)
If
any telegraphic line of the Postiiiaster-General
situate within one niile
of
any portion of
the
works of the Corporation is injuriously affected
and he is
of
opinion that such injurious affection
is or may be due to the construction of the
Cor-
poration’s works or to the working of
the
tranimay
or
trolley vehicle uiidertaliiiig tli
e
engineer-in-chief of the Post Office or any
person appointed in writing by him may at all
tinies when electrical energy is being generated by
the
Corporation entcr any of
tlic
Corporation’s
works for the purpose of inspecting the Corpora-
tion’s plant and the working of the same and the
Corporation sliall in the presence of sucli
engineer-in-chief or
sucli
appointed person as
aforesaid make any electrical tests required by
the Postmaster-General aid shall produce for
the inspection of
the
Postmaster-General the
records kept by the Corporation pursuant to the
clectrical power regulations
:
(5)
In the event of any contravention of or wilful
non-compliance with this section by tlic
C‘or-
poration
or
their agents the Corporation
shall
be
liable
to
a fine not exceeding twenty pounds and
to
a
further fine not exceeding ten pounds for
every day during which such contravention or
non-compliance continues after conviction
thereof or if the telegraphic conimunication is
wilfully interrupted
to
it
fine not exceeding
fifty
pounds and to a further fine not exceeding
fifty pounds for every day on which such inter-
ruption continues after conviction thereof
:
(6)
Provided that nothing in this section
sliall
subject tlie Corporation or their agents to
a
fine
under this section if they satisfy the court
having cognisance of tlie case that the immediate
doing of any act or the execution
of
any work in
respect of which the penalty is clainied
was
required to avoid an accident or otherwise
was
28
[11
6:
12
CEO.
5.1
Grimsby
Corpomtion
[Ch.
lxxvi.]
Acf,
1921.
R
work of emergency and that they forthwith
A.D.
1021.
the
postal
telegraph
ofice
nearest to the place
wlierc the act or
work
was
clone
a
notice of
the
cxccution thereof statin8 the reason for doing
or
cxccutiiig the same without previous notice
:
(7)
For
tlic piirposes
of
this scction
a
telegraphic line
of
the
Yostm;~ster-Genci.nl
shall be deemed to be
injuriously affected
by
an act or
work
if tele-
(rraphic coniniunication by nieans of such linc
is
whether through induction or otherwise in any
nianner
affected
by
such
act or work or by any
use made of such work
:
(8)
For
the purposes of this section and subject
as
therein provided sections
2
10
11
and 12 of the
shall
be deenied
to
be
incorporated with this Act
:
(9)
The expression
“
electric line
”
has the same
meaning in this section
as
in
the
Lighting Act 1882
:
(10) Any question or difference arising under this
section which is directed
to
be determined by
arbitration shall be determined
by
an arbitrator
appointed by the Minister of
TranspoTt
on
the
application of either party whose decision shall
be final and sections
30
to
32
both inclusive of
the
Act
1868
shall
apply
in
like manner
as
if the Corporation or
their agentt-, were
a
company within the meaning
of
that
Act
:
(11)
Nothing in this section contained
shall
be
lield
to
deprive the Postmaster-General of any exist-
ing right to proceed against
the
Corporation by
indictment action
or
otlicrwise in relation to
any
of
the
matters aforesaid
:
(12) In this section the expression
‘‘
tlic>
C’orpora-
tion” includes their lessees and any person
owning working or running carriages on any
of
the
Corporation trannmys or running
trolley
veliicles
011
the
trollcy vehicle
routes.
served
on
tlic
postnisster
or
sub-postmaster of
I
?
45.-(1)
It
sliall be lawful for
the
Postiiiaster-
1
General
in
any
strcet or public road
or
part
of
a
street
01’
traln\‘aY
posts
t,y
public
road
in wliicli
hc
is authorised
to
plucc
it
telegraph
poitnlastor.
to
use
for
the support
of
such
telegraph any posts and
c;;c.ncral.
29
[Ch.
Ilxxvi.]
Gr*i?nsOy
C’orporcrtion
[I1
&
12
GEO.
Ti.]
Act.
1921.
1.1).
IXI
standards (with the brackets connectcd therewith) erected
in any
sixch
street
or
public road
by
tlic
Corporation in
colinexion with tlic Corporation tramways or the service
of trolley veliiclcs and to lengthen adapt alter
and
replace
such
poSts
stniidards and brxlicts for
tlie
purpose
of
supporting
any
telegraph
and
from tiinc
to
time
to
alter
any telegraph
so
supported sulijcct, to the following
conditions
:-
(A)
In
placing riiaintaining
or
altering such telegraph
no
obstruction
sliall
be
caused
to the traffic along
or
the
working
or
user
of
the
Corporation tram-
ways
or
tlic
rcrvicc
of
trolley vcliicles
:
(
B)
‘L’licl
Postniastcr-~ciIcr
a1
sliall give to tlie
Cor-
poration
not
1
than twenty-eight days’ notice
in writing
of
his iritcntion to exercise
any
of
tlic
po~vers
of this section aiid
shall
in
such
notice specify the streets
or
public roads
or
parts
of streets
or
public roads along which
it
is
proposed
to
exerciscb
such
powers
and
the
manner
in which
it
is
proposed
to
use
the posts stand-
ards and brackets
and
also
tlie
maximum
strain and the nature
and
direction of
such
strain
Any
difference as
to
any matter rcfcrrcd to in
such
noticc shall
bc
ilcterniiiied
as
hercinaftc~
provided
:
(c)
Unlebc; otherwise
agreed
hctwcen tlie I’ostniastcr-
Gcneral and the Corporation the Postmuster-
Gcneral sliall
pay
tlic
expense
of
lengthening
adapting altering
or
replacing under
the
pro-
visions of this section any post standard or
bracket
aiid
the expense of providing
and
maintaining
any
appliances
or
niaking
any
alteration reridered nccessary in consequence
of
tlic exercise of tlie powers
of
this section for tlic
protection
of
the
public
or
the unobstructed
working
or
user of tlie Oorporation tramways
or
tlie service of trolley ~-ehicles
or
to prevent
injurious affection of
the
Postmaster-General’s
telegraplis
or
any telcgrapliic
or
telephonic line
or
electrical
apparatus
of
tlie C‘orporation
or
by
any
rc@ations
which
may
froni time to time
be
inade
by
tlw iMinistvr
of
Transport arising
tliroiigh tlie excmisc
by
tlie Postmaster-Cileneral
of thc
powers
conferrctl
by
tliis section
:
__
30
11
&
12
Gxo.
5.1
inisb is by
C'orpmtion
[Ch.
lxxvi.]
Act,
1921.
(D)
Unless otherwise agreed or in case of tlifference
n.11.
1921.
dc~tcrniinetl
as
hereinafter provided
all
tclegr-aphs
--
sliall be attached to the posts standards
or
brackets below the level
of
tlie trolley wires ailcl
on tlic side of
sucli
posts
or
standards farthest
from
tlic
trolley
wires
Any difference as to the
conditions
of
attaclniient sliall be determined
as
hereinafter
provided
:
(E)
Unless
otherwise agreed
no
telegraph sliall be
attached to any post
or
standard
placed
in or
near the centre of any street
or
public road
:
(
F)
The Postmaster-General shall
eausc
all attach-
nieiits to posts standards or brackets
used
by
him under tlie
powers
of
this
section to be from
time to time inspected
so
as
to
satisfy himself
that
the
said attachments
are
in
a
proper
condition and state of repair
:
(a)
The
Postmaster-General shall niake good
to
the
('orporation and
sliall
indemnify
.them
against
any
loss
daninge
or
expense which
may
be
incurred
by
them
through
or
in consequence of
the exercise by the Postmaster-General
of
the
powers conferred upon liini by this section
unless
such
loss
damage or expense be caused
by or arise from gross ncgligence on the part of
the ('orporation their officers or servants
:
(a)
The
Postiiiastcr-General shall riialte such reason-
able contribution
to
tlie original cost
of
providing and placing any post standard
or
bracket used by liini
and
also to the annual
cost
of
the iiiaintcnance and renewal of any
such post standard or brachet
as
liaving regard
to the respective interests of tlie ('orporation
and the Postniaster-Gcncral in the use of the
post standard or bracket arid to all the
circuni-
stances
of
each
case
may
be agreed upon
between the Postinaster-General and tlie
(lor-
poration or failing agreement deteriniiied
as
hereinafter provided
:
(I)
The
Corporation
sliall
not
be
liable
for
any
interferciice
with
or
tlnniage
or
injury
to the
telegraphs of
the
l-'ostiiiaster-~c.rIcr.al
arising
through the exercise by the Postriiaster-(~c.iieral
of the
poivers
confcrrwt
by
this section and
caused
by
the maintaining
and
working
of
the
31
[Ch.
lxxvi.]
Grimsby
Corporation
[11
&
12
GEO.
5.1
Act,
1921.
Corpora tion
trainways
or
the
service
of trolley
vehicles
or
bv
any
accident arising tliereori
or
by
the
authorised
use
by
tlie Corporation
of
elcctrical energy unless such
interference
damage
or injury
be
caused
by
gross negligence on
tlie
part
of
the Corpration their
officers
or
servants
:
(J)
If
it
shall
beroine
iieccssary
or
expedient
to
alter
thc
position
of
or
remove
any
post
stantlarct
or bracket the 1’~)stiii~ster-GCiierRl
sliall
i~poii
rcceiviiiq tm-enty-eight ilays’ notice thereof
at
his
o\vn
expt’iise
alter
or
remove the
telegraph
siipported
ther~~by
or at his
option
retain
the
post
stanclard
or
bracltet
and
pay
tlie Corpora-
tion the value of the
smile
Provided
that
if
the
Corporation
or
the
body
having the control
of
the strcct or public
ro:td
objc:ct
to
the
retention
of the
post
staiitlard
or
brackct
by
the
Post-
master-General
a
difference
shall
b’e
clceixied
to
liave arisen
nlid
shull
be
determined
as
herein-
af
her
provided.
(2)
Nothing in this section contained shall prevent
the
Corporation froin
rising
their
posts
stqandards or
lsrnckets
for thc support
of
any
of
their electric.
wires
and
apparatus whether in connexion with
the
Corpora-
tion trainways
or
the
service
of
trolley
vehicles
or
other
municipal
uiiderta1;irip
or
shall
take
away any existing
right
of
the Corporation
of
permithing
the
use
by
any
coinpany
or
person
of
their
posts
standards
or
brackets
in cloiiriexion with
the
lighting
of
tlie
streets
or
othermisc
Provided
that
any
difTercnce
between
tlie
Postmaster-
General
and
such
coinpany
or
person
in
relation
to
the
use
of
the posts staticlards or
braclcets
by the Postniaster-
General and
such
company
or person respectively
sha!l
be
cieterniined
as
hereinafter provided.
(3)
A11
rliffcrcnces arising under this section
shall
be
clctcrinitied in
nianiier
provided
by
sections
1
and
5
of
tliv
Telegmph
Act
1878
for the
scttleiiicnt
of
differenecs
xtating
to
n
street
or
public
road.
cbioii
tlic
c’sp
ion
‘‘
(lorporntion
*’
cej
IJllC
csprc
11
-.
tclcgraph
”
has
RS
in
thc
‘r
apli
Xc
t
1x69
ancl
huvc
tlic
si~iiic
meaning
as
in
the
’l’c~legapli
Act
1878.
32
[11
&
12
GEO.
5.1
Grimsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
46.
The Corporation may with the consent of the
AI).
1921.
owner of any building attach to that bidding such
hrackets wires and apparatus as map be required for
of
bracket5
the working
of
the Corporation tramways
or
the trolley
kc.
to
vehicles
by
mcchanical power
:
buildings.
Provided that---
(1)
Where in the opinion of the C‘orporation any
consent under this section is unreasonably
refused they may appeal to
a
petty sessional
court
who
shall have power haring regard
to the character of the building ant1 to the
other circumstances of the case to allow the
attachment subject to such terms as to com-
pensation
or
rent and otherwise as they
may think reasonable or to disallow the same
and may detcrinine
by
which
of
the parties
thc costs of the appeal are to be paid
:
(2)
Any consent of an owner and any order of
a
petty sessional court under this section shall
not have effect after that owner ceases to be
in possession
of
the
building but any attach-
ments fixed under the provisions of this
section shall not be removed until the expira-
tion
of
three months after any subsequent
owner shall have given to the Corporation
notice in writing requiring the attachments
to
be removed Where such notice
is
given
the preceding provisions of this section shall
apply and the petty sessional court shall
have the same powers as under proviso
(1)
:
(3)
The
owner may require the Corporation to
remove temporarily the attachments where
necessary during any reconstruction
or
repair
of the huilding
:
(4)
The
C’orporation shall not affix any brackets
wires
or
apparatus to any structure belonging
to the Grcat Central Railway Company or the
Great Northern Railway Company without
the previous consent in writing of the owner
or
if
such consent is unreasonably withheld
the consent of an engineer to he appointed
on the application of the Corporation by the
President
of
the Institution of Civil Engineers.
For the purpose of this section any occupier of a
building whose tenancy exceeds one year unexpired and
C
33
[Ch.
Ixxv~.]
Grimsby Corporation
[11
&
12
GEO.
5.1
Act,
1921.
A.D.
1921.
in the case of any other tenancy the person receiving
the rackrent shall be deemed to be the owner.
--
A4pparatus
47.
The
provisions
of
sections
26
to
33
of
the
udfor
(except
so
much
of
section 28
as
relates
to
the repair
of
the
road
between and on each
nircharliral
poxw
to
bc
(icc,n,cd
side
of
the rails of a tramway)
shall
apply
as
if all posts
part
of
tubes pipes wires and other apparatus used or to be
used
tmni\t
ay.
by
the C‘orporstion for
tlie
prposw
of
rnecliaiiical power
were parts
of
the C’orporation tramways.
Byela\+
t.
48.
Subject
to
the
provisions of this Act the hliiiister
of
Transport may ndic byelaws with regard
to
any
of
the Corporation traniways upon which inechsnical power
may
be
ubed
and any trolley vehicles propelled by
mechanical power for all or any of the following purposes
(that
is
to
say)
:-
For regulating the use
of
any bell whistle or otlier
warning apparatus
fixed
to
thc
engine carriage
or
trolley vehicle
:
For regulating the emission of smoke or steam from
engines used on the C’orporation tramways
:
For
providing that engines carriages
and
trolley
vehicles
shall
he brouglit to
a
stand
at
the inter-
section
of
cross streets and at such places and
in
such cases
of
horses
being frightened
or
of
impending
danger
as
the Minister
of
Transport,
may deem proper for securing safety
:
For regulating the entrance to exit from and acconi-
modation in the carriages used on the Corpora-
tion tramways and the trolley vehicles and the
protection of passengers from the machinery
of
any engine used for drawing or propelling such
carriages
or
vehicles
:
For
providing for
the
due publicity of all byelaws
and electrical power regulations in
force
for the
time being
in
relation to the Corporation tramways
or the trollcy vehicles
by
exhibition of tEic same
in conspicuous places
on
tlie carriages
or
trolley
vehicles and elsewhere
:
Any person oficiicling against or committing a breach
of any
of
the
byelaws
made by the Minister of
Transport under the autlhority of this Act shall
be
liable to
a
penalty not exceeding forty shillings.
34
~11
&
12
GEO.
5.1
G~imsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
49.
For
the protection of the Great Northern
A.D.
1921.
Railway
('ompany
(in this section referred
to
as
"
the
company
")
the following provisions shall unless otherwise
tion
For
protec-
of
apreed between tlie Corporation and
the
company apply
Great
arid have effect in relation to the exercise of the powers
Northern
of
this Act rclatinq to trolley vehicles (that is to say)
:
--
Railnay
Company.
(1)
In this sectioii thc
~vorrt
"
appar:Ltus
"
nieans
and includes electric rnains wires
conductorb
posts tubes boxes apparatus and
any
similar
appliances to be
used
for the
purposes
of
th?
supply of niotive power for
any
trolley beliicles
and includes
also
any brackets wires and
apparatus for the purposes of such appai*atus
:
(2)
All apparatus
by
this Act authorised for the
purposes
of
trolle~7 vehicles where the same shall
bc placed or erected upon across or
ovcr
or
adjacent to the level crossing of the company
at
Weelsbp Road or other
work
belonging
to
or
maintainable hy the company or which will
or will be likely otherwise to affect the same
shall he placed erected
and
maintained
so
as
not injuriously to affect such level crossing
or
other work and according to plans sections and
specifications
to
be previously submitted to ancl
reasonably approved
hy
the company or in caw
of difference between them and the Corporation
hy an arbitrator to be appointed as Iiereimfter
provided
and
under
the superintendence
(if
the
smie be given) and to the reasonable satisfaction
of the company Provided that if the company
do
not within twenty-one days after such
submission signify their disapproval of such
plans sections and specifications they shall be
deeniccl to have approved thereof The
Cor-
poration shall
so
maintain and use the apparatus
as
not, injuriously to affect such level crossing
or other work and in the event of any injury
being occasioned to such level crossing or
work
by the construction maintenance user or removal
of
thc apparatus the company may make good
the injury and recover from the Corporation the
reasonable expenses of
so
doing:
(3)
The Corporation shall not in
any
manner in the
placing erection maintenance user or repair
of
any
apparatus
or
in the running of trolley
c2
35
~
[Ch.
lxxvi.]
Gri7718btj
Corporation
[I1
&
12
GEO.
5.1
Act,
1921.
'4.1).
1921.
i~hicle~
ohstruct
or
intcrfcrc
with
the
free
uninterrupted
and
mfe
user
of
any
railway
or
otliei.
mwl<
\)clanging
or
Icasctl
to
the company
or
any
traffic
thc~rcon
:
(4)
'4'1~
~'oq~oration
slrall
hcar
ancl
on
dcinand
pa9
to
the
conipny tlich rcbaiorin1)lc
cspciisc
of thc
erection
or
rcpair
of
any
apparatus
nffec
siicli
levcl crowing
or
any
rnilway
or
work
hcloiiging
or
leriscd
to
the
connp;my
of
a
~CLLSO~I-
able
iiriiiilwr
of
ivtttclinien
and
sigiialmeri
to
bc
sppoiiitetl
by
the
conipany for watching
and
signalling
the
same with reference
to
and
diiring
thc
placing
or
erection of any
such
apparatus
of
the
Corporatioil
arid
for
preventing
all
interference obstixction
danger
and accident
from
any
of
tlic
operations
or
from the
acts
or
defaults of
the
('orporation
or
their
contractors
or
any
person
in the cmploynient
of
the
Cor-
poration
or
their contractors
\vi
th reference
thereto
or
otherwise
:
(5)
The
Corporation
shall
be
responsible for and
make
good
to
the
conipny all
losses
danmges
aid
expenses which
niap
be
occasioned to
the
company or
any
of
their
works
or
propertp
or
to
the
traEc
on
tlic
railway belonging or
leased
to them
or
to
any
company
or
pwson
using
the same
by
or
1)~
reason of
the
placing
erection maintenance rcpair
user
or
failure of
the apparatus
of
t'lic C'orporntion
or
I-)?
or
by
reason
of any act default
or
omission
of
the
('orporation
or
of
any person in their
employ
or
of
any of their contractors for the
apparatus
or
any part tlicreof and the Corporation
shnll
effectidly indemnify and
hold
harnilcss
the
company from all claims
and
demands upon
or
apinst
thtm
by
reason
of such placing
ci*ection inaintcnance repair
user
or
failure
or
of
any
such
act
default
or omission
:
(6)
Tf
the company shall hcreaftm
rcquirc
under
their existing
yowers
(if
any)
to
x+iitlcn
lcngttlien
reconstruct
sl
tcr
or
repair
such
levcl
crossing
ar
to widen
or
alter
ihe
railway thereover nnd
if
it
sliall
be
necessary for
such
pur-pose
that any
__
36
11
&
12
GEO.
5.1
0riw7sby
Corporation
[ch.
1xxvi.l
Act,
1921.
:mitiis
of
thv
(
‘o?‘poi’;~t~oii
be
teiiiporarilp
A.D.
1‘321.
I1
up
tlivcYLcr1
01’
t.t1ll?ovcYl
m1d
if
the
coln1’a”y
__
:~coi*~Ii11()1~
givc
to
tlict
(’o~*~)(~r:~fit~ii
t\F
ciity-oiie
cla~,”’
iioti(,v
iii
v
ritilig
(or
iii
caw
of
cnicrgeiicy
siic11
iio:ic~
i~’.i
iiit~y
Ir)c
rc.;LwiiaIJly
practicable)
reqiiiri1ig
siicli
t
111)
dii
crsioii
or
rciuoval
appxitus
of
tlie
(
’orpoi*atio:1
sliall be stopped
or
dclayetl
or
such
part
of
suc!i
apparatus shall
lie
tidten
u1)
tlivcrtetl
or
rcniovc~cl
as
statccl in
such
notice
at
the
i~easoiiablc
expense
of the
Corporation
and
unclw
their superintendence (if
thev
shall gix7-C
such
sriperiritc.ntlence) but
no
sucli
worl
or
user
sliall
tie
stoppe‘i
or delayed
for
a,
longc>r
period tlian
niay
be absolutely
necessary for. effecting
such
piirposc
as
aforesaid
and
such
part
of
tlic
appaiatus
sliall be restored
with
all
practk~a1)lc~ clesptitcali
and
tlie
company
sliall
not
Irw
liable to
pay
compensation in
respect
of
such
stoppngc.
delay
or
taking
up
divewion
or
reiiiox ;~l
:
(7)
The
(’orpor.ation
slinll
frorii
time to time pay
to
thc
cwinpany
an57 additional
expense
which
the c~~inpany
iiizly
reasonablp incur
in
effecting
such
widening lengthening
recmii
structing alter-
ing
or
repiimg
as
is iiientionetl in the last
imxediiig
suhsection
or
in
thc
maintenance
of
the
said
Ic\vcl
crossing
or other
\vorli
of
the
coiiipaiiy
b?
rt‘asoii
of
the
c>xir~tcricc
of
the
apparatus of the (‘orporation
:
(8)
If
having
regard
to
the
propsed
position
of
any
apparatus
of
the
(
’orPoration
when con-
sidered
in
relation
to
the position
of
the
works
of
tlie
coiiipaiiy
at
any
point wherc
such
appara-
tus
of
tlie
(
‘orpomtion
will be
constructed over
the railway or
other
\~-orlis
belo
to the
conipany
it
beconies
nec
wirvs
k)clonpig
to
tlic
(
‘orporation that tlie
elcctric
tclcgr;Lphic.
telep!ionic
or
signal
wires
or
any
apparatus
of
the
conipa~iy
sliall be
altcreti
the
col
any
inay
execute
any
works
reasonable expense
of
executing
such
works
-.
tllc11
the
\vol*liillfi
‘01‘
IIM~
of
SUC~
1):l,rt of tEle
to
svoid
tlang?r
fr.Olll
the
break
retzso11nbly
ILCX
ry
for
Auch
alttmtion aiid the
C3
37
[Ch.
Ixxvi.]
Grimsby
Corporation
[11
&
12
CEO.
5.1
Act,
1921.
-1
D.
1921.
shall
be
repaid to the company by the
Corpora-
tion
:
(9)
Tf
any cliff erence sliall arise uncier this swtion
between the Corporation ancl the company
the
same shall unless otherwise agrced be scttled
by arbitration under the provisions of the
appointed by the President of the Institution
of Civil Engineers at the requcst
of
either party.
50.4
1)
Subject
to
the provisions of this section the
Corporation may demand and take for passengers and
parcels carried on the Corporation tramways or the
trolley vehicles fares and charges not exceeding such
maximum fares and charges as niay from time to time
be approved by the Minister of Transport.
Any application for a revision of
such
niaximum
fares or charges may
be
made by the Corporation or (in
the case
of
a
tramway or trolley vehicle route beyorid
the borough)
by
the local authority of any district in
which the tramway is situate or the trolley vehicles are
run.
(2)
Every passenger may take with him persona1
luggage not exceeding twenty-eight
pounds
in weight
without extra Charge but all such luggage shall
be
carried
by linnd and shall not occupy
any
part
of
a
seat nor
bc
of
a form
or
description to annoy or inconvenience
other passengers.
(3)
The Corporation may if
they
think fit carry
on
the
(‘orporation tramways
or
the trolley vehicles
sndl parcels not exceeding fifty-six pounds in weight
and dogs in the care
of
passengers the charge for any
such dog to be
a
sum
not exceeding the fare payable
by
the passenger
but,
they shall not carry any other
goods
or animals.
(4)
The fares and charges for the time being autho-
rised to be demanded
and
taken for the conveyance of
passengers and parcels upon the Corporation tramways
and the trolley vehicles of the Corporation shall
be
paid
to such persons and at
such
places upon or near to the
Corporation tramways or the trolley vehicle routes as
the case may be and in such manner and under
such
regulations as the Corporation may by notice to
be
annexed to the list of fares and charges appoint.
__
Fares
ancl
cllarges
011
Corpor
a
t’
1011
tl
alll\\.
ays
vc.liicles.
38
[11
&
12
GEO.
5.1
Grimsby
Corporation
[Ch.
Ixxvi.]
Act,
1821.
(5)
The provisions of this section shall
as
respects
AB.
1921.
the existing tramways after the acquisition thereof by
--
the
Corporation apply and have eff'ect in substitution
for the existing enactments relating to
the
fares and
charges on those tramways.
51.
The Corporation shall perform in respect of
Conveyancc
trolley vehicles such services in regard to the conveyance
of
mails.
of mails as are prescribcd by the Conveymce of Mails
Act 1893 in the case
of
a
tramway to which that Act
applies.
52.
Notwithstanding any provision to the contrary
Through
contained in any
of
the Acts relating to the tramway
tramcars
undertaking or in this Act the Corporation may run
and
vcliicles.
through tramcars and trolley vehicles along any of the
authorised tramway and trolley vehicle routes respec-
tively or any specified portion tlicrc>of and the Corporation
may demand and take from a11 passengers by such
through trarncars or vehicles irrespective of their destina-
tion
a
fare or elisrp not exceeding the maxirnuni fare
which the Corporation are empowered
to
charge for and
in respect of the w-hole of such route
or
the whole of the
portion thereof traversed by any such traincars or
vehicles Provided that during the running of such
through tramcars or vehicles the Corporation shall
maintain
a
reasonably sufficient ordinary service
of
tramcars
or
vehicles.
lstirig the travelling
on
trollev vel.iicles and for
tdie
pre-
trolley
vention
of
nuisances in or
upon
tlieir trolley veIiicles and
wllic'm
preniiscs Provided that any such byelaws slisll
lx
made
subject and according
to
the
provisions
of
the Tramways
Bet 1870 with respect to the making
of
byelaws.
to travel in the carriages on the Corporation tramways or
rcWe in-
in the trolley vehicles
of
the Corporation the Corporation
passengers
may whether within
or
beyond tlie borough subject
to
to
lvr-ait
in
the provisions of this Act erect and maintain barriers
lints
or
and posts
at
any stopping-place or terminus and for
queues.
that purpose
may
(with the consent as regards any
street or road outside the borough
of
the road authority)
use part of the highway
and
tlie Corporation may make
byelaws requiring persons waitinq to enter such carriages
or
vehicles
at
any stopping-place
or
terminus to
wait
53.
The
Corporation may make lqclaws for rep-
Byrlans for
54.-(
1)
For the better regulation of
prsoris
desiring
Power to
c4
39
AD.
1921.
Stopping
and
start-
ing
places.
[Ch.
lxxvi.]
Grimsby
Corporation
[11
&
12
GEO.
5.1
Act,
1921.
in lines or queues and to enter such carriages and veliicles
in the order in which they stood in such line
or
queue
Provitletl always that thc (‘orporation shall not erect or
maintain any barriers or posts or require persons waiting
to enter carriages or vehicles
to
wait in any line or queue
so
as
to
interfere with or render less convenient the
access to’ or exit from any station or dep6t
of
a railway
conipany.
(2)
Any byelaws made under this section shall be
made subject and according
to
the provisions of section
46
and section
47
of the Tramways Act
1870
and those
provisions
shall
apply accordingly.
55.
The (’orporation may appoint the stations and
places from which the carriages
on
the Corporation
tramways and their trolley vehicles shall start or at
which they may stop for the purpose
of
taking
up
or
setting
down
passengers
and
may
make
regulations for
fixing the time during which such carriages and vehcles
shall
be
nllon~ed
to
remain at any
such
place Provided
that no starting or stopping place shall
be
appointed
in any street or road
so
as
to interfere with
or
render
less convenient the access to or exit from any station
or
dep6t of
a
railway company.
56.-(
1)
Notwithstanding anything contained in any
Act to the contrary the Corporation niay on any special
occasion run and reserve carriages on
any
of the Cor-
poration tramways and trolley
>
eliicles for any spccial
purpose which the Corporation
may
consider necessar?;
or
desirable and the Corporation may make bj-elaws
and regulations for prohibiting the
usc
of any such
carriages or vehicles by any persons other
than
those
for
whose
conveyance the
same
are reserved Provided
that during the running of such carriages or vehicles
the Corporation shall maintain a reasonably sufficient
ordinary service of carriages or vehicles.
(2)
The provisions of the Tramways Act
1870
relating to byelaws shall apply to any byelaw made
under this section.
(3)
The restrictions contained in this or any other
Act
of
the C’orporation
as
to rates or charges for passengers
shall not extend to any special carriages run upon the
Corporation tramways
or
special trolley vehicles and in
respect thereof the Corporation may demand and take
such rates or charges
as
they shall think
fit.
40
[11
&
12
CEO.
5.1
Grimsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
57.
Subject to the provisions of this Act the
AD.
1921.
('orporation
may
erect and maintain
on
the routes
of
__
the ('orporation trsniwaFs
and
on
any
trolley vehicle
\\
siting-
route within the borough shelters or waiting-rooms for
1'oo1118,
the nccoinniodation of passengers and
of
the servants
of the Corporation and may within the borough use for
that purpose portions of any public strcet
01'
road
and
of thc public
wallis
or pleasure grounds
snd
the powers
of
46
of
the Tramways Act 1870 enabling the
Corporation to make byelaws sliall extend
to
and
shall
enable tlie Corporation to mzke
and
enforce byelaws for
the regulation use and management
of
any
such
shelters
or waiting-rooms and the provisions
of
that Act shall
apply accordingly Provided that
no
shelter or waiting-
room shall be erected
or
riiaint,aiiied in
any
place
so
as
to interfere with or render less convenient
the
access to
or exit from any station
or
dep'iit of
a
railway company
except with the consent in writing of tlist company nor
except with the like consent
on
any
bridge carrying my
strcet or road over any railway or canal
of
a
railway
company.
Corporation
may
provide cloak-rooms and roonis
or
&c.
sheds for the storage
of
bicycles tricycles and other
vehicles
at
any
dep'iit
or
building used by them in
connexion with tlie tramway undertaking or the trolley
vehicle undertaking
and
at
any places
on
tlie routcs
of.
the CJorporation tramways or any trollcy veliicle routes
within the borough
arid
tlic Corporation inay niake
charges for the use of such cloak-rooms rooms and slicds
and for the deposit of articles and things and bicycles
and tricycles
or
other vehicles therein.
Provided that
no
such
cloak-room
room
or shed
shall be erected or maintained in any place
so
as to
interfere with or render less convenient the accebs to
01
exit from any station
or
dep6t
of
a
railway company
nor
on
any bridge carrying any street or road over
any
railway of
a
railway company.
59.
Notwithstanding anything contained in this
Dock
en-
Part of this Act the (lorporation
sliall
not appoint any
tran~
of
starting or stopping place for tramway
curs
or trolley
Great
vehicles or erect
or
maintain any
barrier
or
post
at
any
Kail\vsS
such
starting or stopping place or require persons to
C'o,rlF'anv
wait
in
any
line or
queue
or erect provide
or
maintain
not
to
he
Xlielters
or
58.
Subject to the provisions of this Act the
Cloak-roonls
Central
obstructcd.
41
[Ch.
lxxvi.]
Grimsby
Corporation
[ll
&
12
GEO.
5.1
Act,
1921.
A.D.
1921.
any shelter
or
waiting-room cloak-room room
or
shed
so
as to cause interference with or render less convenient
the access to
or
exit from the entrance
at
or
near the
Cleethorpe Road lcvel crossing
to
the docks of the Great
Central Railway Company.
60.
If
any person wilfully does or causes to be done
with respect
to
any apparatus used for
or
in connexion
with the working of the Corporation tramways or their
trolley vehicles anything which is calculated to obstruct
or
interfere with thc working of such tramways
or
trolley
vehicles or to cause injury to any person he shall (without
prejudice to any proceedings by way of indictment or
otherwise to which he may be subject) be guilty of an
offence punishable on summary conviction and every
person convicted of such offence shall be liable to a
penalty not exceeding twenty pounds.
Attachment
61.-(1)
The Corporation may attach to any lamp-
Of
signs
in-
post pole standard or otlier similar erection erected on
or in the highway on
or
near to the route of any of the
dicating
stopping-
I,laces
to
Corporation tramways or of their trolley vehicles signs
lampposts
or
directions indicating the position of stopping-places
&C.
for tramcars and trolley vehicles.
Provided that in cases where the Corporation are
not the owners of such lamp-post pole standard or similar
erection they shall give notice in writing of their intention
to
attach thereto any such sign or direction and shall
make compensation to the owner for any damage
or
injury occasioned to such lamp-post pole standard or
similar erection by such attachment and the Corporation
shall indemnify the said owner against any claim
tor
damage occasioned to any person or property by or by
reason of such attachment.
(2)
Nothing in this section shall be deemed to
require the said owner to retain any such lamppost
pole standard or similar erection when no longer required
for his purposes.
(3)
The Corporation shall not attach any such sign
or direction to any pole post or standard belonging to
thc Postmaster-General except with his consent in
writing
.
(4)
The Corporation shall not attach any such sign
or
direction
to
any lamppost
pole
or
standard or otlier
similar erection belonging to
a
railway light railway or
-_
Penalty
for
damage.
42
[11
&
12
GEO.
5.1
Grimsby Corporation
[Ch.
Ixxvi.]
Act,
1921.
tramway company except with the consent in writing
r\.D.
1921
of sixcli company.
__
62.
For the purpose of using mechanical power tlx
~ower to
Corporation may acquire liold and cxcrcisc patent and
nc2'~uirc
ot'lier rights
or
licences relating to motive power or
otherwise but not
so
as to acquire any exclusive right
patent
therein.
63.
The Corporation may appoint stages upon any
of the trolley vehicle routes
or
of the Corporation tram-
ways each of not
less
than half a mile in length and may
dcniand and take for cvery passenger travelling in any
of tlie trolley vehicles or upon any
of
tlie Corporation
trani~vays including
cvery
expense incidental to the
conveyance
of
such passengc'r a farc for any two consecu-
tive stages
or
portion thereof travelled by
snch
passenger
not exceeding the fare for the time being authorised
as
the maxinium fare per mile for passengers travelling in
the trolley vehicles or upon the Corporation tramways
Provided that in
no
case shall tlie Corporation be bound
to charge
a
less sum than may from time to time
be
approved by the Minister
of
Transport.
64.
The Corporation shall not without the consent
of
the owners of the existing tramways run a service of
trollev vehicles along
any
street or part of
a
street in
whicl; street or part any of the existing traniways is
laid unless and until they shall have acqiriretl such
existing tramway.
65.-(
1)
The
Corporation may purchase take on
lease or acquire by agreement and liold for the purposes
of the tramway and trolley vehicle undertakings any
lands (not exceeding five acres) and they may on such
lands erect
or
construct and hold dep6ts yards offices
motor-houses buildings sheds
works
and other con-
veniences in connexion with their said undertakings.
(2)
Nothing in this Act shall exonerate the Corpora-
tion from any indictment action or other proceeding for
nuisance in the event of any nuisance being caused or
permitted
by
them on any
lands
purchased or used
by
them for the purposes of their said undertakings.
66.
Any property found in any tramcar or trolley
vehicle of the corporation shall forthwith be taken to
a
place
to
be appointed for the purpose by the Corpora-
43
rights.
St
ages.
Restriction
on
powers
of
running
trollcy
vt~hiclrs.
Purchase
of
Ian&
by
agreerwnt
for
tram-
way
and
trolley
vehicle
under-
takings.
Lost
propwty.
[Ch.
lxxvi.]
Grimby
Corporation
[I1
&
12
GEO.
6.1
Act,
1921.
A.D.
1921.
tion and
if
the same be not claimed by the owner within
six months after
the
finding thereof it
may
be
sold
RS
unclainied property
by
public auction aftcr notice
by
advertisement and the proceeds thereof
paid
into thc
revenue of the tranii+ ay undertaking.
Trolley
67.
The trolley vehicle undertaking shall be dceined
vehicle;
to
to form part
of
the tramway undertaking Provided that
form l'art
Of
in the accounts of the Corporation relative
to
tlie
tramway
undertaking the receipts from and expenditure upon
tramway
und
('r
-
t
akiiig.
and in corinesion
with
trolley vehicles
shall
(so
far
as
may be reasonably practicable) be distiiigiiislied from
the receipts from and expenditure
upon
or in coiiricxioii
with the remainder of such undertaking.
__
PART
V.
STREET
WORKS
AND
INPROVENE:P~TS.
Powcr
to
68.
Subject to the provisions of this Act the
executc
Corporation in the lines and situations
and
according
strcct
works
to the levels shown
on
the deposited plans
and
sections
&c.
and upon the lands in that behalf deliiieatcd on
t'hc
deposited plans and described in the deposited
book
of
refereiice rnay if they think
fit
wholly
in the borough
make and maintain the following street works
aid
improvements (that is
to
say)
:-
A
widening of Laceby Road
on
the
northern side thereof
betwceu
pointz;
respcctivcly
166
yards or thereabouts
and
16
yards
or
there-
abouts west of tlie junction of
that
road
with
Scartho
Road
:
X
widening of Laceby
Road
on the
southern side thereof and the rounding
of
tlie
corner of that road and Scartho Road commencing
at
a
point in Laceby Road
131
yards
or
there-
abouts west of the junction thereof with Scartho
Road and terminating in Scartho Road
at
a
point
40
yards
or
thereabouts south
of
the said junction
;
A
widening of Brighowgate on the
south-eastern side thercof between points respec-
tively
31
yards or thereabouts
and
93
yards
or
thereabouts northeast
of
thc junction of
Brighow
-
gate with Uargate and the rounding
oi
the corner
of Brighowgate and Abbey Road
:
Work
No.
3
Work
No.
4
Work
No.
5
44
yll
&
12
GEO.
5.1
Grimsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
JVorIi
No.
6
A
widening of Brighowgate
on
the
A.D.
1921.
iioi%h-wesiern side thereof between points respect-
-
iwly
23
yards
or
thereabouts and
82
yards
or
tlierealwuts
north-east of the junction of Brighow-
gate
with
Bargate
and the rounding of the corner
of
I3riglion-gate
and
Bargat8e
:
JVork
No.
7
A
widening
of
C'hurch Lane on the
south-
cnstern side thereof ant1
of
W~llowgate
on
tlic
south-westmi
side
thereof bctwcen points
rcspc~tively
56
yards
or
thereabouts south-west
:tiid
23
yards
or
thereabouts south-east of the
interscction of the said two streets.
68.
rI1
tlic
construction
of
the
works
authorised
Limits
of
loy
this Part
of
this Act the ('orporntion
may
deviate
deviation.
from
the
lines thereof
as
shown
on
thc deposited plans
to any extent not exceeding the limits of deviation shown
on
those plans
aiid
from
the
levels thereof
as
shown
on
the
deposited
sections to any extent not exceeding five
feet either upw:~rds or
down\-\rards.
within the limits
of
deviation shown
on
the deposited
plans tlie Corporation
may
in connexion with the street
\i-orks
and
ii~il~r~~~~iients authorised by this
Part
of
this
Act
mid
for
tlic
purposes thereof make junctions and
ro~niiiunic~tion~ with
ai.;
existing streets which
may
be
intersected'
or
interfered
with
by or be contiguous
to
such
works anti
may
111
ake diversions widenings
or
alterations
of
tlic
lines
or
lev~ls
of
any
existing strcets
for
the purpose
of
coiinectirig the
same
with
such
worlis
or
of crossing
tinder
or
ovc~
the
same
or
ot1iern.isr
arid
may
alter
(lived
or
stop
up
all
or
any part
of
any
drain
sewer
channel
or
gas
or
water main
or
pipe
or
electricity
or
teleplione
wire
or
apparatus
within
the
said limits the
(lorporation providing
a
proper
substitute before inter-
rupting the
flow
of
sewage in any drain
or
sewer
or
of
any gas
or
water
in
any
iliain or
pipe
or
of electricity
or telephonic communication in any wire
or
apparatus
and maliing compensation
for
any
damage done
by
them
in
the execution
of
the
powers of this section.
(2)
Provided that the Corporation
shall
not
alter
divert
or
otliwnise
interfere
with
any telegraphic line
(as
definwl
hy
tlic
belonging to
or
uscd
by the Postninster-~eiiernl except in accordance
with
and
subject
to
tlie provisions
of
the said Act.
70.-(
1)
Subject
to
the pro\'isions
of
this
Act and
s~~)~i(~iary
Or''.
45
[Ch.
Ixxv~.]
Grimsby
Corporation
[I1
&
12
GEO.
5.1
Act,
1921.
A.D.
1921.
71.
Within the limits
of
deviation
shown
on
t'he
deposited plans the Corporation rnay raise sink or other-
Power
to
alter
steps
wise alter the position of snv of the steps areas cellars
pipes
windows and pipes or spouts belonging to any house
bC.
or building and
also
the drains and the pipes or \vires
for the purpose of conveying water electricity or
gas
to any house or other place and
inay
rcinove
all
othcr
obstructions
so
that the same be done with
as
littlc
delay and inconvenience
to
thc inhabitants of
such
housc
or building as the circumstances of the case will admit
and the provisions of section 308 (Compensation in case
of damage
by
local
authority) of the Public PZealtJi Act
1875 shall apply
as
if
the acts done under the authority
of
this section were done in the exercise of the powers
of that Act.
__
Temporary
72.
The Corporation during
tlic
execution of the
stoppagc
of
powers
of
this
Part
of this Act
xilay
break
up
arid
also
streets.
t'emporarily stop up and interfere with any street for
the purpose of executing such powers
and
inay for any
reasonable time divert thc
traffic
therefrom
and
prevent
all
persons other than those
bonA
fide going
to
or from
any
house in the street from passing along and using
the sanie Provided that the Corporation shall provide
reasonable access for foot passengers bon2 fide going to
or from any
such
house and shall iiot
stop
up any such
street
so
as
to
prevent vehicles going to or from
any
station dep6t
or
docks of the Great Central Railway
Company unless the Corporation leave or provide
a
reasonable alternative route for the passage of
such
vehicles.
73.
If
the street works and improvements by this
Act authorised be not completed within five years from
thc
passing of this ,4ct or
such
longer period (if any)
as
the Minister
of
Transport may on the application of
the Corporation allow then on the expiration
of
the
period limited
by
or
under the provisions of this section
the powers of this Act granted to the Corporation for
im,king the sanie
or
otherwise
in
relation t'hereto shad
cease except
as
to
so
much of the
said
works
as
are
then
completed.
Period
for
completion
of
street
works
and
improve-
ments.
4
(i
&
12
GEO.
5.1
Grimsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
PART
VI.
A.D.
1921.
hK
D
8.
74.
Subject
to thc provisions of this Act
the
(Joryo-
Po\ler
to
lvorka
i.atio:i may
cmtw
upon talic
anti
iisc
all
or
any part of
take
laridri
tlie
Iantls
delincatcc1
on
the
depositcd
plans
ad
described
in
the cicpositcd
book
of reference wliicli
tbcy
require
for the purposcs of tlie works
by
this Act autlioriseci
or (in
the
case of the widening
01'
improving
of
any
street) for the providing
of
space for the erection
of
buildings adjoining or near
to
any such street.
hlinister
of
Health appropriate and
use
for any of the
may
use
purposes
of
this Act any lands for the time being vested
::$';::
in them and
not
required for the purposes for which
purposes
of
the same were acquired hut nothing in
this
section
Act.
shall authorise the Corporation
to
create or permit any
nuisance.
If
the Corporation appropriate for the purposes of
this Act any lands
so
vested in them they shall debit
the account for which the said lands are appropriated
with
a
reasonable sum by
way
of purchase money or
rent for the
said
lands and shall carry that sum
to
the
credit of the fund
out
of which the said lands were acquired.
Provided
that
this section shall not apply to
any
lands vested
in
thc
('orporat,ion as the local education
authority for the borough but that any question of
appropriation and use for the purposes
of
this Act of
any such lands shall be dealt with undcr
and
in accordance
with the provisions of the Education (Administrativc~
Provisions) Act 1909.
76.
Subject to the provisions of this Act the
Power
to
Corporation niay purchase
or
acquire the lands herein-
acquire
after described which are delineated
upon
the deposited
lands
tramway
for
plans and descrjbed in the deposited book of reference
depbt.
(that is
to
say)
:--
&C.
75.
The
Corporation
maj7
with the consent of the
Corporation
Certain lands in the parish of Great Grimsby in the
borough bounded on the east si+ by Victoria
Street on the south side
by
land belonging
or
reputed to belong
to
Messrs. Marshall Knott and
Barker on the west side by the Old Raven
or
Alexandra
Dock
and on the north side
by
lands
47
[Ch.
lxxvi.]
Grimsby
Coypomtiorz,
111
&
12
Geo.
5.1
Act,
1921.
AB.
1921.
belonging
or
reputed
to
lielong
to
the
Great,
Central (‘0-operative
Engiiieerjng
arid
Ship
ltcpair-
ing
Company
limited
;
and may hold
aiicl
use
the
same>
for the purposes
of
a
tramway
dep6t
or
for
any
other purpose
of
or
connected
.
with the
tra~iiwaj-
undci~taking
but
the Corporation
shall not
crcaie
or
permit
a
nuisance
on
any
such
lands:
Provicletl that
not~~r.ithstsnding
aiiything
contailid
in this section
or
shown
on
the dcpo;+itctl
plans
the
Corporation shall not without the commit of the Great
Central
Railway
C’onipmy
in
writing
piircliase
or arquire
any
land
foniiinq part
of
the
site
of
tlie
Old
Haven
or
Alexandra Dock
hiit
if
and
W~WK~
the
(‘orporation
acquire
the lands
numbered
upon
thc. deposited plans
42
44
or
46
in the parish
of
Greai
Chirrisby the Great (’entral
Railway
~onipany
as
owiiers
of
the
Old
Hsvcii
and
Alexandra
Dock
shall
wj
tlioirt
prcj
utlice
to their rights
powers
arid
obligations with
rcspect
to
the
same under
ths
Xancbester
Sheffield :md
Lincolnshire
LLajlwav
Act
1849
and
any
statutory
niodificat,ion
thereof grant
to
the Corporation
a
right
of
2ccess
to
the
Old
Haven
ant1
Alexandra
Dock
to
and
from
the said lands but nothing
in
this Act shall tliininish
01-
affect
the
rights under the
Manchester
Slieffield
and Lincolushire
Railway
Act
15-19
to wliich the Corporation will become entitled
as
owners
of
the
said lands.
~
Further
powers
for
acquisitioll
of
laiicls.
77.-(
2)
The
C‘orporation notwithstanding that the
same
inay
not
1~)
imnied_i;ztcly required
may
by
agrec-
merit
purchav
or
acquire
or
take
on
lease
and
hold
any lands which
in
thcir opinion
it
is
desirahlc
tlic
Corporation should acquire for
or
connected with the
purposes
of
an)-
of
their
uncicrta
kings powers
or
duties
arid
with the consent
of
tlie
Minister
of
Health may
borrow
nioncy
for
tlie
purchase
or
acquisition of such
lands
or
for
tlie
pi$ynlcnt
of
any
capital
sum
payable
under
a
lease
tlwreof
Any
moneys
so
borrowed
shall
be
repaid
within
such
period
as
niay
be
prescribed
by
tlie Minister
of
Health:
(2)
Tlic
Corporation
may
enter into contracts for
the
purposes
of
this
section
and
may
pay
any
sum
payable under the contract
ant1
for
that purpose
may
borrow money temporarily
from
their hunkers
for
a
pwiod
not
exceeding
twelve
months
:
4,u
J’iwvitletl
tliat
110
suc*I1
1i~1it1
aftei-
it
llns
1)ccw
-pin=
.I.I>.
10~1.
(othcr than tliow
bo
tciiiipoiwily
1)orron~tl
as
nfoi*cm,icl)
sliall
be
borro\c
c~l
by
tlic
(
‘oi*~)oixtion
foi-
the pur1)oscs
of this scctioii cxccpt uitli
llic
coiiwiit
of
tho Miiiister
of Hcaltli.
(3)
lVlicii aiiy
lands
piu*clinstd
01’
acquired or taken
on
leasc
by
tlic
C‘orpor;Ltioli
initlcr
this section shall
be
appropriatctl to any uiidertaliing
01-
to
my
of
their
powci~
or
duties
a
traiisfm
of
tlic outstanding loan in
rcspcct tlicreof shall bc
effected
to
the
proper
account
in the
1)ooks
of
tJic Corporation and 1)mciing
such
appro-
priation
all
cxpenscs incurred
hy
tlic.
(
’orpixtion
iuitlcr
tliis
section
sliall
he
pyablc~ out
of
the
borough
fantl
anti
1)orough
rate
or
tliv
tlisbrict funti
and
gcncral district
rake as tlie case niay
be.
(4)
Nothing
in
tliis
s
ion
sliall
authoyisc the
Corpor
a
t’
ion-
(A)
To
create
or
permit
any
nnisance
on
any
lands
so appropriatcd
;
or
(E)
To
appropriate
SUC~
lands
to
any purposos other
than
purposcs
for
which
ancl
subject
to the
conditions under which thcy
are
for the
time
being authorised to acquirch ancl
use
lands.
CllnSCYl
SlliL11
I)(’
UhCYl
fOl*
;I
Ily
l)lll’J)Oh(b
;Lll(l
110 lllOIl~?~~~
78.
If
tlierc be any oniission
or
mis-statement
or
Corrcction
mong description of
any
lands
or
of the
owners lessees
of
errors
in
or
occupiers of any lands shown on the deposited
plans
plans
deposited
and
or
specified
in
the deposited book of rcference
the
Corpora-
t,ooli
of
tion after giving ten days’ notice to
the
owners
lessees
reference.
and occupiers of the land
in
question
may
apply to
two
justices
of
the
borough
for tlic correction thereof and if
it
appear
to
the justices that the omission niis-statement
or
wrong description
arose
from
mistake
thy
shall certify
the
same
accordingly and they
shall
in
their
certiticnte
state the particulars of
the
omission and
in
what respcct
any
such
matter
is
mis-stated
or
wrongly
clcscribcd
and
such
certificate shall be deposited with the clerk
of
the
peace
for
the county of
Lincoln
and
a
duplicate tliercof
shall
also
be deposited with tlic
town
clerk
and such
certificate aiid duplicate respectively sliall be kept
by
such clerk
of
tlie peace and town clerk respectively with
the other dociinicnts
to
which
tlie s;mic relate and there-
upon
tlic
deposited plans and book of rctference
sliall
bc
deenieci to be corrected according
to
sucli
certificate aiid
D
49
~LD.
1~1,
it shall
be
lawful
for
the
Corpora,tion
to
take
the
1;~iitls
ant1
cxccutc
the
works
in accordil1lccl
n
it11 such certificstc.
79.-(
1)
\Vlicrcas
in
thv
construction of the
worlis
autliorised
by
this Act
01’
otlicrwise in
tlie
cscreisc
by
tlie
(hrporation
of
tlic
powers
of this
Act
it
may
Iiappen
that
portions only
of
certain properties
sliown
or
partly
shown
on
the deposited plans will
be
sufficient for the purposes
of
tlic Corporation
mid
that
such portions
or
some
other
portions less than the
whole
can
be
severed from the
remainder
of
the
said
properties without material detri-
men
t
tlicrcto
Tlicrefore
the
following provisions sliall
havc
cffect
:-
(A)
The
o~viicr of
aidpersoris
interested in
any
of the
properties whereof
the
whole
or
part
is
describccl
in
the
Second
Scliedulc to this
Act
arid
whereof
a
portion only is required
for
tlic
purposes
of
the
Corporation
or
cacli
or
any
of
them
are
herein-
after in this section inclucleci
in
the term
“
the
owner
”
and
tlic said propcrtics
are
hereinafter
refcrred to
as
‘‘
the
scliecinled
properties
”
:
(B)
If
for
twenty-one
clays
after
the service
of
notice
to
treat in rcspcct
of
a
spwificci portion of any
of
thc
sclirdulccl propertiw
the
owner
shall
fail
to
notify in writing
to
the (’orporation that
he
alleges
tliat
such
portion cannot
be
severed
from
tlie
reniaiidcr of tlic property without niaterial
detrinient thereto
he
may
be
required to sell
and
convey
to
tlie Corporation
such
portion
only without
tlic
Corporation being obliged
or
compellable
to
purclmsc
the
whole
the Corpora-
tion paying
for
the
portion
so
talien
and
making
compensation
for
any
dttniage
sustained
by
the
owner
by
severance
or otherwise
:
(e)
If
wjtliin
such
twenty-one
days
the
owner
shall
by
notice
in writing to tlic Corporation
allege
that siicli portion cannot
be
so
severed
the
tribunal
sliall
in
addition to the
otlier
questions
required
to
be
determined
by
it
cictennine
-whether tlie portion of
the
sclieciuleci
properties
spccifieci
in
the notice
to
treat
can
be
severed
from
the
rcniainder without material
dctrip~ent~
tlicreto
and
if
riot whetlier
any
and what otlier
portion less
than
the whole (k)nt not exceeding
the
portion over which the Corporation
havc
-
(hi
iwr\
may
be
rcquir.c>tl
tc1
hell
parts
ollly
of
usrt
nit1
.
50
compulsory powei~
of
purc~hnsc~)
can
1)~
so
A,
I).
twi.
severucl
:
-
.-
(D)
If
the tribunal determine that thc portion
of
thc
scheduled properties specified in the notice
to
treat or any such other portion
as
aforesaid can
be severed froin the remainder without material
detriment thereto the owner
inay
be required
to
sell and convey to the Corporation the portion
which the tribunal shall have determined to
hc
so
severable without the Corporation
Iwing
obliged or compellable to
prclias~
the wholc
the Corporation paying such sum for the portion
taken by thcm including compensation for any
dmiage
sustained
by
the owner by severance or
otherwise
as
shall be awarciecl by the tribunal
:
(E)
If
the
tribunal determine that the portion
of
thc
schedulccl
propertics specified in the notice to
treat can notwitlist,znding the allegation
of
the
owner be severed froin thc remainder without
material detriment thereto the tribunal may in
its absolutc discretion cleterinine and order that
the
costs
charges and expenses incurred by the
owner incident to thc determination
of
any
matters under this section shall he borne and
paid by the owner:
(F)
If
the tribunal determine that the portion
of
the
schedulcd properties specified in the notice to
treat cannot be severed froni the remainder
without material detriment thereto (and whether
or not it
shall
determine that any other portion
can
be
so
scvered) the Corporation
may
withclraw
their notice to treat and thereupon they shall
pay to the owner all costs charges and expenses
reasonably and propcrly incurred by hiin in
consequence
of
such notice
:
(G)
If
the tribunaldcterniine that the portion
of
the
sclieduled properties specificd in thc notice to
treat cannot be severed from the rcinaindcr
without material detriment thereto
but
thah any
such other portion
as
aforesaid can be
so
severed
the Corporation in case thy
shdl
not witlidraw
tlie notice to treat
shall
pay
to
thc owner all costs
cliarges and expenses reasonably and properly
incurred by him in consequence of such notice
or such portion thcreof as the tribunal shall
D2
51
[Ch.
1xxvi.I
Grimsby
Corporation,
[I1
&,
12
GEO.
5.1
Act,
1921.
__.
J'crsons
undcr
dis-
ability
inay
grant
(law
rllCllth
&c.
Limit
of
time
for
compulsory
purchase
of
lands.
Extinction
of
privatc
rights
of
17,
a?'.
Rescrva-
tiori
of
A.U.
1921.
having regard
to
the
circuinstanccs
of
thc
case
and its final dctermiiiation tliiilk
fit.
(2)
The
provisions of this section shall
bc
in forcc
and nothing contained in
or
done
undcr
this
section sliall be lield
ILS
deterriiining
or
as
being
or
iriiplying an adniission that any
of
tlie
sclieduled
properties or any part thereof is
or
is not
or
but for this
section would
or
would not be subjcct
to
the provisions
of seetion
92
of the Lands C'lauses Consolidation Act
1845.
(3)
The provisions
01
this section shall be stated in
or
endorsed on every notice given
tlicrennder
to
sell
and
convey any premises.
80.
Persons empowered
by
tlie
Lands
Clauscs Acts
to sell and
convey
or
release lands may if they tliink
fit
subject
to
the provisions
of
tliosc
Acts
and
of
this Act
grant
to the Corporation any easement riglit
or
prit ilege
(not being an easenient right
or
privilege
of
water in
which persons other than the grantors have an interest)
required for the purposes
of
this Act in
o~er
or
affecting
any such lands and
tlie
provisions
of
the said Acts with
respect
to
lancls and rentcharges
so
far
as
the
same are
applicable in this behalf shall extend and apply
to
such
grants
and
to such casements
rights
and privileges as
aforesaid respectively.
81.
The
powers
of
the Corporntioii
for
tlie
eoinpul-
sory purchase
of
lands for the purposes of this
Act
shall
cease after
the
expiration
of
thee
years from the passing
of this Act,
82.-(1)
All private rights of way
over
any lands
which the Corporation are authorised
by
this
Act
to
acquire compulsorily shall
as
from
the
(late
of the acyuisi-
tion
of
such
lands by tlie Corporation be extinguished.
(2)
Provided that tlic
('orporatiori
sliall
make
full
compcnsation
to
all persons interested in respect
of
any
such
rights
and
such
coiizpensation
shall be settled in
manner provided
by
the
Lands
C'lauscs
Acts
with reference
to the
taking
of lands otherwise than
by
agreement.
83.
The
Corporation
on
selliiig any
Iancls
held
by
them
inav
reserve to
tlieniselves
all
01'
aiiv
water
or
other.
water
riglit5
rights
or
other
easements belonging
tlicre&
and
inay
iiialie
&C.
the
sale subjcct
to
such reservations accordingly and may
also make any such
sale
subject to such
other
reservations
.i
2
[11
&
12
GEO.
5.1
Griinsby
Corpouitiou
[Ch.
lxxvi.]
Act,
1921.
special conditions restrictions anti provisions with respect
A.D.
1921.
to
the use of water exercise of noxious trades or discharge
-
or deposit of manure sewage or other impure matter
and otherwise
as
they may think
fit.
84.-(
1)
So
long as any lands remain to be acquired
Proccotl.;
of
by the Corporation under
the
authority of this L4ct they
sslc~
of
sur-
may
so
far
as they consider necessary apply any capital
~lus
Imlds.
moneys received by them
on
the re-sale or extahange of
or
by leasing any lands acquired under the aut'hority of
this Act in the purchase of lands
so
remaining
to
be
acquired but
as
to capital moneys
so
received and not
so
applied the Corporation shall apply the same in or
towards the extinguisliment of any loan raised by them
under the powers
of
this Act and such application shall
be in addition to and not in substitution for any other
iiiode of extinguislinicnt provided
by
this Act exccpt to
such extent and upon such terms
as
iiiay be approved by
the Minister of Health.
(2)
Provided that-
(-4)
The amount to be applied in the purchase of
lands under this section shall not exceed the
amount for the time being uncxhausted of the
borrowing powers conferred by or under this
Act for the purpose of such purchase
;
(B)
The borrowing powers conferred by or under
this Act for the purpose of such purchase
shall be reduced to the extent
of
the amount
applied in the purchase of lands under the
provisions of this section.
(3)
Any capital moneys received by the Corpor
a
t'
ion
under the section of this Act of which the marginal note
is
"
Retention and disposal
of
lands
"
on the re-sale or
exchange of or by leasing any lands acquired under any
,4ct other than this Act shall be applied in the same
manner
as
capital moneys rcceired under that Act are
applicable
or
in
such
other inanncr
RS
may
be approved
by the Ninister of
Health.
Acts
to
tlic
contrary the
Corporation
iiiny retain hold and
and
disposal
use for such
time
and
for
such
puq)mc
;is
they
may
think
Of
lar~ds.
fit
or
inny
sell
Icnse
excliange
or
otherwise dispose of in
such manner
and
for
such
considerntion and purpose and
on such
terms
anti conditions
as
they
niay
tliinli
fit
and
85.
Notwithstanding anything in
any
other ,!et or
Retention
D3
53
R.U.
1921.
either in consideration
of
the execution
of
works
or
of
the
puyiiieiit
of
R
gross
suiii or
of
an
annual rent or
of
any
p~pic.iit
in
any
other form any
laiids
or any interest
tlierciu
wquireti
by
thein
under. this Act or
any
charter
giztnt or
a\~-aid
or
aiiy
gcmcral
or
local Act for the time
being
in
forcc
in
the
borougli
(other than
tlie
Housing
i2cts
11190
to 1919)
and
muy
scll
exchange or dispose
of
my
rents
rescrvcd
on
the>
sale
lcasc
exchange
or
disposi-
tion
of
such
lands or interests therein and
may
make
do
aiid execute any deed
act
or thing
proper
for
effectuating
aiiy
such
sale
lease exchange or other disposition and
on
any
exchange
inay give
or
take any money for equality
of exchange
:
Provided that nothing iii this section sliall
be
taken
to
dispense with tfic necessity for obtaining tlic approval
of
any Goveriiiiient department to
any
sale
lease
appro-
priatioiz
or
other disposition
of
any lands acquircd under
aiiy
Act for which such approval
woulci
be required but
for the provisions
of
this section.
86.-(
1)
The
Corporation nisy
by
agreement
pur-
chase
or
acquire
the prciiiises in the borough known as
the Pislierlads' Iiistitutc arid the houses adjoining thereto
and
held tlierewith (in this section referred to as
"
the
institute
")
or
any
cstute
or
interest therein and the
corporate
body known
as
the Grimsby Fisherlads'
Institute (in this section rcferred to
as
"
the association
")
limy
sell
to
the Corporation the leasehold interest
of
the
association in the institute.
(2)
As
froiii the date of tlie acquisition by the Cor-
poration
of
the said interest
of
tlie
association
and
until
thcy
dial1
acquire
or
haw
acquired tlie rcversionary
frcchold
estate
in
the
institute tlie Corporation shall
bc
bound
hy
tlie covenants aiid conditions contained in the
indentures
of
lease of tlic institute granted to the associa-
tion but except
as
aforcsaid
and
subject
as
hereinafter
provided tlie C'orporation
may
hold
the institute freed
and discliarged from
all
trusts conditions or restrictions
applying thercto.
(3)
As
froiii
the
date upon
whjch
thc Corporation
bccoinc.
t
11~
owiic'rs
in
possession
of
thc
institute they
inay
a1q)rolwiatc.
aid
usc
the
saiiie
or
t>lic
site thereof
or
siic.11
~);~rt
or
parts
tlicrcof
as
thcy
may
think
fit-
(A)
Yor
purposes coiiiiucted with
tlie
tcc:linical educa-
tion
and
trainiiig
of
men
boys
and apprentices
__
Po\+
('r
to
accitlirc
I'i5her1ac1h'
In5tituto
by
:Lgrrvmmt.
54
PART
VTT.
[Ch.
lxxvi.]
Grimsby
Corporution
111
st
12
CEO.
5.1
Act,
1921.
A.U.
1x1.
extend
and apply mutatis niutaiiclis
to
sild
for
the
pur-
__
poses
of
thi:,
swtion
as
if
such
streets
Iiacl
been
specified
in
thc
Tliircl
Sclicdule
to
tlic
Order
of
1894
or in the
Second
Xclictlulc
to
the
Orcler
of
1907
:
Providccl
that
the
(’orporntion sld
not
break
up
:my
strclct
I)clonging
to
or
rcyaimblc
1))-
tlic
Great
C’cntml
[
C
‘ouiy)nni~
or
the
(:t*wt
Northern
12dwtLy
(‘on~lmry
cxccpt up011
+IIL‘I~
tcrms
and
c.ontlitions
as
iuny
he
agi~ccl
I)ctwc.cn
tlici
ciigiiicw
of
the C’orporation
aiid
tlic
cngincer
of
tlre
Great
(
‘eiitral
Rail\$
ay
C‘oiupany
or
tlie
Grmt Kortliern Railway
(‘oiiipa1iy
as
the
case
may
I)c
or
failing
agrccmcnt
a
may
he
settlcd
by
ai1
engineer
to
bc
appoinletl
(failiiig agrccincntj
bj7
tlic
Prcsidcnt
of
tlie
Tnstit-rltioti
of
(‘ivil Eiigincers
on
tlic
application of tlic
Coupor
a
t’
1011.
A:,
~CI
innxi-
90.
The
iimsimmn
clcctricttl
poww
with
TV
hie21
any
illilmclwtri-
consiimeu
shall
IT
cbiititlcd to
be
supplicd
by
tlic
(‘orpora-
tal
1)0\tcr
tion s~iall
uot
inclutlc
any
supply
of
energy
talcen only
as
a
stand-by
supply
unless
5uch
consuiner
shall
pay
bc
dcman-
dctl.
to
the
~‘orpratioii-
such
iiiiiiiiiiuni
aiiiiual
sum
as
will
give tlieiii
a
reasonable
return
on
the
capital cxpenditurc
and
will
cover
other
staiidiiig
cliarges
incmrcd
by
the
Corporation
in
ordci-
to
meet
the posible maxiniuin
demand
for
those
preiiiiscs
the
sum
to
be
so
paid
to
be
detcriiiinccl in default
of
agrecinent
by
arbitration in tlie
rnaniier
providcd
by
scctioii
28
of
tlic
1882.
The
provibions
of
this scctioii sliall
not
opcrste
to
tleprivc
any
eoiimrner of clectricit’y supplied
197
the
C‘orporation
undlcr
the
terms
of
my
agrceriicnt
existing
at
the passing of this Act
of
ariy
riglit to wliicli
he
would
bc
entitled
but
for
tlic
haid provisions.
Incrc~iit~
of
91.
Section
1
of
the
Fourth
Schedule
to
the
Orcler
of
lili~xi~nu~~i
1894
is
licrehy
rcpcnlecl
ailcl
in
lieu
tlicreof
tlie
following
(~I~~w~
for
provisions
sliall
apply
mitt
Ir
avc
effect
:-
clcsctricity.
11Therc
tlic
iintlcrtakcrs
clinrge
aiiy
consimcr
by
the
actual
ariiouiit
of
c>iwi*gj*
~iipplied
tjo him
tliq
sliall
1~.
ciititlctl to
cfiaige
tiiin
at
thc following
rates
]Wl’
cl“nld,cu
:--
(A)
III
~*cspc.c~t
of
cdi
of
the
yimters
cncling
tlich
tlii~ty-firht
day
of
Ilarcli
aiitl
tlie
tliirty-
first
day
of
Dewniber-
hich
rriaj-
66
[Ch.
~xxv~.]
Grimsby
Corpomtion
1111
&
12
Gso.
5.1
Act,
1921.
AD.
1921.
the
time being authorised
to
supply elcctricity
arc’
bounded
by
or shut upon any road
such
limits
shall
for all purposes
he
deenied
to
extend to the centre
of
the road.
Rlethod
of
95.
Notwithstanding anything contaiiicd in the
cha1xiIlg
for
Electricity
(Supply)
Acts
1882
to
1919 or in any
other
Act
or
aiiy
Order dating
to
tlic Corporation or the
electricity undertaking
the
Corporation may in all
ciiergy.
or
any cases where they supply electrical energy
charge
for
and
in respect of
such
supply
by
any method for
the
time being selected by the Corporation
and
approved
by
the Electricity Coinniissioners
Any
such
inctliocl
may
be
other than
by
the
actual
amount
of electrical
energy supplied or tlic clectiical quantity contaiiiccl in
such supply and
may
autlioribe
a
1)ciiodictd chargc in
respect
of
the
maximuin
po~vc1~
reciuircct
by
tlie
consuinc~‘
in addition
to
a
charge for the electrical cncvgy siipplictl
to him.
__
PART
VIII.
STREETS
AXD
BVILUISGS.
Laying
out
96.
The
Corporation
iiiay
lay out with grass iiiargins
ofstmts
~IY
or
plaiit with trees or lay
out
as
prdelis
any
part
of
Cor~’oration*
any
st>reet
repairable
by
tlic
in1iabitants
at
large anci
inay
erect guards or fen for
tlic
protection of
such
grass
margins
trees
01’
gardens
cl
the
(‘oryoration
inay
maintain in
good
order any gr
iiiargiiis
trees
g:nrdens
guards and fences in
any
such
evt
aiid
alter
or renew
tlrc
same
and
inay
adcl
to
tlie
carriageway
OY
footway
of
any such street any part of such
grass margins
parts
planted with
trees
or
parts laid
out
as
gardens
as
aforesaid
nid
niay alter
or
re-arrange tlic parts of aiiy
street
laid
out
as
carringc\vay
or
footway
rcspectirclly
:
Provicletl
a1n.a~-s
that
riotliing in this swtion
con-
taiiied shall
enipowc~
the
(
’orporation
to
prevent
any
person residing in
any
prmiises in
or
abutting
on
any
strcct
li;~\iiig
full
ancl
frce
right nntl lihrty
of
to
and
from
s~wh
piwiiiscs
froin
ant1
to
tlic
nir~talled
or
pvctl
portion
of
sii(a1i
stwct.
Elevation
of
01’
1)n~ts
of
biiil(\ings
wliicli
inay
builtliiigh
in future
hc
creetecl
on
tlic site
of
airy builtliiig or
on
crectcd
011
aiiy
land which site or
land
in coiiscqueiice of
any
front
lands
iniprovcrncnt
made
after
tlie
passing
of
tliis
Act
by
the
97.
A11
1)uiltlin
58
~11
&
12
GEO.
5.1
Grimsby
C'orporution
[Ch.
l~xvi.]
Act,
1921.
Corporation becomes front land shall be erected according
A.D.
1921.
to such elevation
as
the Corporation approve and
if
thc
--
to
bc
subject
owner lessee or occupier of any building or land which
to
appropal
on the making of any such improvement acquires
a
of Cor-
frontage
to
the street makes any door or entrance
poration.
opening
upon
or coniinunicatiiig with the street or any
wall or fence by the side of tlie street every such owner
lessee or occupier shall iiialte the building wall or fence
in
a
line and the elevation thereof fronting to or towards
the street in accordance with
a
drawing approved
by
the corporation and
iii
case the Corporation for
a
space
of
six
weeks after
any
drawing of such elevation
is
submitted
to
theni neglect to notify tlieir determinatiori
in writing with reference thereto
they
shall be deemed
to have approved thereof Any person
~ho
sliall off end
against this section shall be liable
to
a
penalty not
exceeding five pounds and
to
a
daily penalty not exceeding
forty shillings The Corporation shall malie compensation
to
the owner of any building or land for any loss or
damage which he may suffer
by
reason of the setting
back or bringing for-\vard of such building wall or fence
pursuant to the requirenieiits of
this
section.
98.-(1)
No
person except nith the consent
of
the
NO
building
Corporation shall in any new strwt coninience to erect
allo~l
cd
any new building or
to
excavate for the foundation
until street
dcfined.
thereof until the whole length of the strcct shall have
been defined by posts or
in
some other sufficient manlier
to indicate the approved line and the level thereof.
(2)
Any person who shall ofiend against the provi-
sions of this section shall be liable
to
a
penalty not
exceeding twenty pounds
ad
to
a
daily penalty not
exceeding forty shillings.
notes whereof are
"
Elevation of buildings erected on
Great
front lands to
be
subject to
approval
of
('orporation
''
Central
and
"
No
building allou
ect
until street, defined
"
shall
h'orthern
apply
to any building (not
used
as
a
dwelling-house)
Railway
railway or
work
constructeti
k)y
or
belonging
to
or
which
Companies.
may licreaftcr be coiistructctl
by
or
bc>loiig
to any railway
coiiipaiiy in
the
exercise
of
tliciv
statutory
pon
crs or
to
any
lands
hdd
or
acquiiwl
or
mJii(a1i
niay
hcwaftcr
be
held
or xyuircd
by
any
such
eoiiipaiiy
aucl
uscd
for tllc
purposes (other tlian
a
dwelling-house) of thc undertaking
of such
company
1%
itli the authority
of
Parlianient.
99.
Nothing in the sections of this
Act
tlie marginal
Saving for
and
Great
59
[Ch.
lxxvi.]
Grimsby
Corporniio?~
[11
&
12
GEO.
5.1
Act,
1921.
A.D.
1921.
PART
IX.
SANITARY
PROVISIO~;~~.
Rcgiilation
dustbins.
loo.--(
1)
The
Corporation
may
by notice in writing
require the owner or occupier of any dwelling-house
warclmuse or
shop
in the borough to provide portable
galvanised iron clusthins in lieu of ashpits
or
ashtubs
or other receptacles for refuse and such
bins
shall bc
of such size
and
construction
as
inay be approved by tlic
Corporation.
(2)
Every
owner or occupier having provided any
receptacle pursuant
to
this
scction slinll maintain the
same in good order and condition.
(3)
Any owner or occupier
who
fails within fourteen
days after notice given
to
him to coniply with the require-
ments of the Corporation under subsection
(1)
of this
section or
who
fails to coinply with
his
obligations under
subsection
(2)
of this scction shall be liable to
a
pcnalty
not exceeding twenty shillings and to
a
daily penalty
not exceeding five shilling!.
(4)
Provided that this section shall not apply to
any ashpits or ashtubs or
other
rcccptacles for refuse
in
use
at
the passing of this Act
so
long
as
the
same
are of suitable niaterial size and construction aid in
proper order and condition.
101.--(1)
From and after the passing
of
this Act
it
slid
not
be
lawful
for
any person
to
use any ashbin
or dustbin for any purpose other than tlie deposit of
dust ashes or other like dry house refuse intended for
removal by
or
on behalf
of
tlie Corporation.
(2) Any person contravening the provisions of this
section
shall
be liable
to
a
penalty of ten shillings aid to
it
daily penalty
of
tcii sliillings.
Wilful
102.
If
any
person causes
any
drain
watercloset
damage
to
earthcloset
privy
or
aslipit
or
dustbin to
be
n
nuisance
drainh
or injurious or
dangerous
to licalth
by
ilfully destroying
or tlaninging tlie
saiiie
or
any
water
sul)ply
aplmratus
waterclosc%
&C.
pipv
or
work
connected
thciwvitli
or
by
otherwise
TI
ilfully
sto1)piiig
up
or
wilfully
iiitcv*fering
I\
itli
or iiiipropedy
using
ttiv
sniiie
or
any
sncali
\\
atcr
snpply
apparatus
pipe
or
TI
orl;
hc shall
be
liablc to
n
1)enalty
not
exceeding
five
pounds Provided that notliiiig in
this
section
shall
Restrictiom
onuscof
ashbinS.
60
[II
&
12
GEO.
5.1
G~imsby
Corporation
[Ch.
1xxvi.l
Act,
1921.
prejudice
my
right whicli
the
owner
or
occupier of any
A.D.
1921.
premises aggrieved
by aiiy
such
a(;t
tiiay
have
to
recover
-
compensation in rcspcct
of
aiiy
claninge suff ereci by him
by reason of
such
act.
103.-(
1)
lT'llen
a
sewer antl
water
supply sufficient
Conversion
for
the liurliose
are
reasonably available
thc
(
'orPoration
of
existing
may
rcquirc any existinv closet accoiiiinodation (other
acCOmmo-
h
dation
into
than
it
wstcrclosct,) provided
at
or
in connexion with
water-
any building
to
be altered
so
as
to
be converted into
a
watercloset which shall coinply with tlie byelaws for tlie
time being in force
and
shall communicate with
a
sewer
and
they
may
also require
a
separate
receptacle for
ashes
and
house rcfusc to be provided
at
or
in connexion
with
such
building.
(2)
If
the owner of any such building fail in any
respwt to coinply with
a
noticc froin the Corporation
under
this
section
the Corporation
inay
at
the expiration
of
a
time to
be
specified
in
the notice (not being less than
twenty-one days after the service
of
tlie notice)
do
tlie
work
specified
in
such
notice and
iiiay
recover from the
owner
the
expenses incurred by the ('orporation in
so
doing
:
Provided that if in any case
such
alteration shall
be required in respect
of
;my existing closet accornnioda-
tion which prior
to
the service of the notice under this
section shall not
liave
been
ccxrtificd
by
the medical
officer
to
be
insniYicient for the necessities of
the
inhabi-
tants of
the
builcliiig
or
to
be in such
a
state
as
to
create
a
nuisance or
to
be
dangerous
or
injurious
to
health
then the Corporation shall
bcar
and pay
such
part
of
tlie
expenses incurred by tlieni (not being
less
than one half
thereof)
as
they
niay considcr just and proper according
to the circumstances and tlie reinaiiider
of
tlic expenses
shall be borne
by
the owner.
(3)
The Corporation may contribute towards the
expenses incurred in making any alteration
of
any
closet
accomniodation in pursuance of this section in any case
in which they
may
not
be
required to bcar any part
of
such
expense.
(4)
The notice
nntler
this section shall state the effect
of
the
provisions of this section.
104.
The
('orporation niay ilialtc byelaws with
Byclaws
respect to waterclosets and niay by such byelaws prc-
as
to
water-
scribe tlic description
or
naturc size niaterials position
closc'ts*
61
[Ch.
lxxvi.]
Grimsby
Corporation
[11
&
I2
CEO.
5.1
Act,
1921.
AD.
1921.
and
level tlicxof and
of
the apparatus and
thc
manner
of
flushing the same and the
means
to
1)c
puvicled
for
protecting
the
same from frost
and
for t'lir. p*evc.ntion of
the improi)cr use
of
sue11 closcts
and
of
tlic blockiiig
of
the
pipes therefrom.
--
PART
X.
HUMAX
FOOD.
Power
to
105.-(
1)
Any
officer
of
tlic
Corporation miitliorisetl
Rain
plo
millr.
by
thc: Corporahion
in
that hclialf
may
in atltlition to
any powers exercisable within the
borough
takc
ut
any
place outside the borough and within one milc and
G
quartcr from
any
part of tlic bonnclary thereof samples
of any milk consigned
to
a
piirchaser in tlic borough
Such officer shall have all the powers of procuring sumplcs
conferred by the Sale of
Food
and Drugs Acts
ancl
those
Acts
shall
apply as if such officer werc an officer authorised
to
procure samples under the Sale of Food ancl Drugs
Act
1875:
Provided that
the
powers of this section sliall not
apply
to
inilk in course of conveyance on any railway.
(2)
For
the
purposes of subsection
(3)
of
section 21
of
the
Milk and Dairies (Consolidation) Act
1913
this
section sliall be deenicd
to
be
a
provision of
a
local
Set
dealing with
matters
dealt with by
tlie
said Milk ancl
Dairies (Consolidation) Act
1916.
Byelaws
for
106.
The
Corporation may from time to time
places
usctt
malie b~7ela~s for securing cleanly and
sai~tary
condi-
for
prepara-
tions in places
used
for
the
prcpara-tion
or
manufacture
tio*
of
food-
of
cooBed
or
prcpared
food for the
purpose
of
sale and
intended for
tlie
food of nian
:
Provided
that before confirming any byelaws made
as
regards any business carried
on
in any factory
or
worksliop to
which
the
Factory
and
TVorksIiop
Acts
apply
the
Ministry of Health sliall consult with
the
Secretary of State.
quiring
Byelaws
rovering
re-
107.
The
Corporation
may
from time to time
over
of
mratbc.
make
byelaws requiring
the
covering
over
of meat
or
;vy;;g;~gh
otlier a(rtic1es intended
for
the
food of nian while being
conveyed through
or
along
any street
road
or place.
during
con-
For
protcc-
tion
of
Great
108.
Before making any byelaws applicable to the
collection and delivery by the Great Central Railway
62
Company
or
thcir contrnctors
or
agents of traffic in
AD.
1021.
nlc;Lt
or
ot1ic.r
arti(al(>s
of
foot1
;bt
frotii
or
to any railway
__
st;ttion dcpi)t
or
c1ocl.r
of
tlic.
said
c~)iiipniiy
tlic>
(’orporation
,iailnay
sllall
give
iiot
lcw
tli;~n
oiw
nioiitli’s
iioticc.
to
tlic said
c~~~~~~~’~
coiii1)aii~
of
tlit+
intc.iitioii
to
nialic
hiicli
byelaws ancl
traffic.
such
noticc slinll
byeh\vs.
C’cm
t
ral
ncconipanicd
by
a
copy
of
thc draft
No
such
byelaw slinll
have
any forcc
or
effect
and
until
tlic
same
hs
bccn
confirmed
liy
tlic
R1iiiistc.r
of
FTcnltli
aftvr
a
Iitl2riiig at
wliicli
tlic
said
coiiip;~ny
shall
l)c
ciititktl to
hc
1ic~n.tl
ant1
to olijcct to
any
sucli
byelaw.
carcase
or
any
part
of
the
carcaw of
any
animal slniiglitcred
of
blowing
~vitliin
or
brought into
tlie
borough
and
any
person
so
Or
carcases.
blowing
or
inflating
any
carcase
or
part of
a
carcaso
or
exposing
or
depositing for
sale
mitliin
the
borongli
a
carcase
so
blown
or
inflatcd
or
any part tliercof sliall
be
liablc to
a
penalty not exceeding
five
pouiids.
1
lo.--(
1)
Every
dwelling-house erected aftcr the
~~~d
passing of this
Act
slinll
be
providccl with suficicnt and
storage
properly ventilated
food
storagc accoiniiiodation and any
accommoda
owner
wlio
shall
occupy
or
allow
to
be occupied any
irz7ze).e
dwelling-house not
tso
provided sliall be liable
to
a
penalty
not cxcecding five
poiinds
and
to
it
daily penalty not
exceeding twenty shillings.
(2)
(A)
Every
dwclling-house ercctcd before
the
passing
of
this
Act
slinll
where
reasonably practicable
be
proviclccl
with
huficient
and
prop(1rly vcntilated food
storage acconiniodation
aiid
any
on-ncr
who
slid
occupy
or
allow to
be
occupiccl
any
tsncli tlwelling-2iousc which
can
reasonably
lie
so
provided
but ivliich
is
not
so
provided after one
nioiitli’s
noticc
from tlic Corporation
rcquiring tlic
smnc
to
be
clone
sliall
bc
1i;tblc to
a
penalty
not exceeding
five
pounds
anti
to
it
daily penalty not
exceeding
twenty
sliillings.
(E)
Any
pcrson
aggrieved
by
any rcqnirenient
of
the Corporation
under
this sulnscction
rimy
appeal to
a
court
of
suminary
jm.isc1iction witliin seven days after
the service
of
such
notice
proi-idetl
lie
gives tn-enty-four
hours’ written notice
of
such
apped
and
of
tlic grounds
thereof to the town
clerk
and
the
court slid1 have
power
to
maltc
such
order
as
tlic
court
may think
fit
and
to
award
costs.
109.
It
shall not be lawful to
blow
or
inflate tlie
Prohibition
63
[Ch.
lxxvi.]
Grimsby
Corpoyation
[11
8:
12
GEO.
5.1
LZCI)
1921.
For
rcgula-
11
1.-(
1)
hy
person
being
a
nianiifacturer
of
or
tinfi
1lla11~-
vendor
or
mereliant
or
c~calcr
in
ie(wmwn
or
other
facturc
ancl
salt,
of
iw-
siniilar coiiiinodity
'~~ilio
within tlic
borougli-
cream
&c.
(A)
C'auses or
perniits ice-crcam or any similar
conimodity
or
any inatc>riiils
iisd
in the manu-
facture thereof
to
bc
niannfactured
sold
or
stored in
any
sleeping-room
or
in any
room
cc~lli~r
or
place
mliicli
is
in
n
condition
likdy
to
rcmclcr
siicli
coiiiniodity
inj
urioiis
to
liealth
or
in
wliich tlic~rc is
an
iiilct
or
opcning
to
a,
drain;
(13)
In
the manufneturc
sale
or storage of
any
such
coniniotlity
docs
any
net
or
thing
likcly
to
expose
siicli
coinniotlity
to
infection
or
contami-
nation
or
omits to take
any
proper precautions
for
tlic
clue
protection of
such
coniniodity froin
infection
or
coiltarnination
;
or
(c)
Oiriits
011
the
outbreak
of
any infectious disease
amoiigst tlie
persons
cinployed
in
liis business
or
residing in
any
premises
which
are
used
by
liiiii
for
the
iiiairixfacture
of
ice-creaiii
or
other
similar coiiiniodity
to
gil-e
notice
thereof
to
the
nzedical
officer
;
slid1
lie
liable
for
cvcrg
such offelice
upoii
summary
convictioii therefor to
a
yeiialtp not cxceecliiig fire pouiicls.
(2)
111
the el-ent of
any
inmate
of
any building
(airy
part
of which is
used
for
the
manufacture of ice-
crcmii
or
siiiiilar
commodity)
;5uftriiie
from any infectious
disease
the
nieclical
officer
inay
seize
and destroy
all
ice-cream
or
siniilar coiiiiiioclity
or
niatc~ials for
tlic
nicaiiufacture
of
tli~
same
in
sucli
bnildiug
and
tlic
Corporation
shall
compeii,sate
tlic
owier
of
tlic ice-cream
coiiiriiodity or materials
so
destroyed.
(3)
Kwry
dealer
iii
ice-crcwn
or
other siniilar
coninioclity vending
liis
warcxs
froin
my
cart
barrow
or
other vcliiclc
or
staiicl
slia11
havc
his
iiainc
and
adclress
legibly
pint
cd
or
inscribed
011
siicli
cart'
barrow
vclhicle
or
staiid
ancl
aiiy
permii
who
shc~ll
fail
to
coiiil)ly
with
this subsection
slisll
bc liable
upoii
coiivictioii
to
a
penalty not
exceeding
forty diilliiigs.
0s
64
(4)
The
inedical
officer aiid the inspector
of
nuisances
A.D.
1921.
and
any
other
officer
didy
autliorisccl
by
the
Corporation
__
in that behalf
Lihall
at
all reahonable times have the same
power
of
entry iiito
miti
iii\pectioii
of
the
premises of
any iiisiluTtwtiircr
veiidor
or iiicrcliniit
of
or dealer in
ice-cream or
otlicr
hiniilnr coniniotlity for
tlie
purpose of
inspectilig
such
p~iiiiw),
miti
tlie niatcrials or coni-
moclities
or
articles
of
food
tliciviii
as
aii
officer
of tlie
Corporation
\wuld
ha\
e
iuiticr
seetioil
102
(Power of
entry
of
10d
atltliority)
of
the
in the
cases
tlierciii iiiciitiomtd
and
ally persoii
refusing
entry into
or
iiiq1wctioii of
siicli
prciiiises
as
aforesaid
or
obstructing
such
oficcr
a.;
aforc.;;aicl
iii
the execution
of
his
duty
slinll
be
liablc
to
a
~)ei~alty iiot exceeding forty
shillings.
b~da~.;
for imvwtiiig incat other
tIim
foreign meat
t~
ins~c’c-
brought into
the
borough
from
being
uscd
for
the food
of
niaii or bciiig
offered
for
sale
or
sold
or deposited for
sale
or
for the prel)aration for
sale
and
iiiteiided for the
food
of
iimi
until
after
inspection
by
an
officer of the
Corporation.
(2)
Providecl that
any
byelaw
macle
by the Corpora-
tioii
iuiclcr
this wctioii
sliall
provide
(A)
that any person
briiiging
any
meat other than foreign nieat into the
borough sliall
give
to
the
medical
cficer
reasonable
notice
thereof
iii
writiiig
aid
of
the
clay
and hour and
place
in
the
borough
at
which the nieat can be inspected
as
aforesaid aiid
(
B
j
that
if within
such
reasonable period
after tlic
notified
hour
as
may with
due
regard
to the
reqnireniciits
of
tlic trade be prescribed by the byelaw
an
officer of
the
(’orporation shall
riot
have
attended
at the place
so
iiotificcl for the purpose of inspection the
restriction
in
sitbsectioii
(1)
of this section referred to
shall
not apply
to
the
nieat in respect of which the notice
was
given.
112.--(
1)
T’lie
Corlmmtioii niaj ilialie aiid enforce
Byelalrb
ah
tion of
mwt
PART
XI.
INFECTIOUS
AND
CONTAGIOUS
DISEASES.
11
3.
If
a
person
who
is suffering
from
an infectious
Prohibition
diwase or who is living in
a
house in wliicli there is
a
ofinfeckd
case
of
infcc
tiou;
tiisearic
k~iowii,gly
engages in any occu-
:ar;’jl,p
oll
pation
coiincctcci
with
fnod
intentied for thv
wt
of
mm
busincts.
erson
E
65
to other persons and that
thorongli
inquiry
arid
considera-
A
1).
l:t!1.
tion have
shown
the
iic"cc
ity iii
the
public interest for
__
the
cwmpulsory isolation
of
the person the medical
officer
niay inalte applicatioii
to
a
court
of
sunirriary
jurisdiction
and
such court
upon
oral
proof of
the allcga-
tioiis in such certificate
and
subject
to
exarniriation by
a
registered medical practitioner to
be
nominated by
thcni if they think
fit
may
niake an order for tlie removal
of
such
person to
a
suitable hospital or place for the
reception
of
the
sick
prorideti within the borough
or
wiihiii
a
convenient distance
of
t,he
borough and for the
retention
and
maintemnce of such person therein for'
such
period not!
excecding three months
as
may be
determined
by
such
order
or
such
further period riot
exceeding three months
aci
may
be
determined
by
any
further order made
under
and
in accordance with the
provisions
of
this section.
(2)
The tiiedical officer shali give the person
so
suffering or
some
person being in charge
of
the person
so
suffering three clear
days'
notice of his intention
to
inske
such application
and
of
the
time
and
place when and
where
such
application will
be
made.
(3)
The
Corporation niay in their discretion during
the pcrioci of retention 1die 1)aynients for
or
towards the
effeetivc support
ancl
niaintenance of the relatives
of
or
those actually c!cpencleiit upon anv person
so
suff
eririg
occasioned
hy
tlic
renioval
of
any
such person to
a
suitable liospitsl
or
place
as
nforcsaid whether voluntarily
or
in
pursuance
of an order
made
by
the court
as
afore-
said
ancl
on thc
liearing
of
any application under this
section
the
court
sliall
take into consiticratiori tlie aniount
necessary for sucli effective support
anti
niaintenance
and
shall
not niake
an
order
uiiless
they
are satisfied
that the Corporation
will
makc
a
sufficient paynicnt in
any case
in
which
it appcurs that
a
contribution
is
neces-
sary for
the
support and niaiiitenanct:
of
such
relatives
or
dcpcndcnts.
(4)
An order
under
this section
inay
be
acidressed
to such constable or officer of the ('orporation
as
the
court iiialiing the
same
nisy think expedient
arid
any
person who wilfully disobeys
or
obstructs the execution
of
such
orcler shall be liable
to
a
penalty not esceedirig
ten pounds.
(.?)
At any time
after
but
not before the expiratlon
of
six clear weeks froin the malting of the order
an
appli-
E2
67
ro\\er
medically
to
examine
in-
mates
of
c
om
in
on
lodging-
houses
where
infec-
tious dis-
case is
exist.
supposed
to
[Ch.
lxxvi.]
Grimsby
Corporation
111
&
12
GEO.
5.1
Act,
1921.
cation may be made to the court by or on behalf
of
the
person in respect
of
whom the order was macle for
the rescission of the order and such court may make
a
rescission order accordingly if lisving regard to the
circumstances of the ease they are
of
opinion that it is
right and proper that such rescission order should be made
Such person
or
other the person making the application
shall give to the medical officer not
less
than
three clear
days’
notice
of
his intention to
makc
the application and
of
the time and place when
and
where tlic application
will be made.
(6)
The provisions
of
this section shall cease to be
in force within the borough
at
the expiration
of
five years
from the date of the passing of this Act unless they shall
have been continued by
Act
of
Parlianient or by
an
order of the Minister of Health which order the Minister
of Health is hereby empowered to make.
117.
IVhenever the inedical
officer
shall report in
writing to the Corporation or to
a
committee
of
the
Corporation that there is
a
prevalence of dangerous
infectious disease in the borough or any adjoining
or
neighbouring borough
or
district and that there are
reasonable grounds
to
apprehend the spread or communi-
cation
of
such disease to persons within the borough
by persons resorting to common lodging-houses the
Corporation or such eommittec
as
aforesaid
may
by
resolution declare that by reason of the prevalence
of
the dangerous infectious disease named in the resolution
it is expedient that the medical officer should he entrusted
with the special powers hereinafter mentioned and subject
as
hereinafter provided the following provisions shall
thereupon be in force within the borough
for
such
period
as
the Corporation
or
such committee
as
aforesaid having
regard
to
the circumstances
of
the case shall in the
resolution determine (that is to
The medical officer may when authorised
bj
warrant granted by any justice on complaint
on oath by the medical oficer that he has
reason to believe that the dangerous infectious
disea>se named in the resolution of the Corpora-
tion or such committee
as
aforesaid may exist
or
has
recently existed in any common lodging-
house in the borough medically examine any
person found in any common lodging-house
in
68
[II
&
12
GEO.
5.1
Grimsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
the
borougli
wit11
a
view to ascertaining whether
A.D.
1921.
such person is suffering
or
has recently suffered
-
from such disease Any person obstructing the
medical
officer
in making the examination
aforesaid shall be liable to
a
penalty not ex-
ceeding forty sliilliiigs for each offence
:
(2)
A
copv
of
every
sixcli
resolution sliall forthwith
1x1
seh
11y
tlie
C’orpora,tion
or
sucEi
committee
RS
aforesaid
to
every keeper of
a
common
lodging-house in
the
borough
and
to
the Minister
of Health
:
(3)
Unless approved
by
the Minister of Health any
such
resolution shall ceasc
to
be in forcc
at
the
expiration
of
fourteen
days
after
it
is
passed
or
any
earlier date fixed by the said Minister
:
(3)
A
warrant granted under tliis section may
jailthorise the medical
officer
to
exercise the
powers of cxaniination hereinbefore conferred
during such period not exceeding the period
(luring
which the provisions aforesaid sliall be
in force
as
may be specified in such warrant.
]I
le.--(
1)
No
person being the parent
or
having the
Kcstriction
cai’c
or
chargc of
a
cliilcl
who
is
or
has
bcen
attending :bny
on attend-
sc~iool or
any
part thereof which for
the
time being is
~:;:~t~
at
clowd
by
order of
the
Corporation or
of
the education
sunday
committee
of
the council with
the
view
of
preventing
schools and
tlie
spread
of
infectious disease or
of
a
child who is
placesof
>\ui’lcring
from
ai1
infectious disease or
who
with the view
assembly
of
prevmtinp
the spread of infectious disease has
when
infectious
hecil
Iimhibited
from
attending
school
by
the medical
disease
of5f;cer
or
school medical officer shall permit such child
prevails.
to
atteiid
any
Sunday school
or
place of public entertain-
ment
or
assembly in the borough without having procured
frorn
the
medical
officer
a
certificate (which
if
granted
shll
be
gantcd free of charge upon application) that in
his opinion such child may attend such Sunday school or
place
of public entertainment
or
assembly without undue
risk of communicating disease to others.
(2)
Any
person who shall offend against this section
shall
he
liable
to
a
penalty not exceeding forty shillings.
119.
If
any person shall
at
the request of the
Cor-
Compensa-
porationor of the medical officer stop his employment
for
tion
to
persons
the purpose
of
preventing the spread of infectious disease
E3
69
[Ch.
lxxvi.]
Grimsby
Corporatioyb
[11
&
12
GEO.
5
]
Act,
1921.
AD.
1921.
the
Corporation
shall
malm
compensation to him
for
any
loss
he
may
sustain
by
reason
of
such
stoppage.
ceasing
empluy-
rllc~nt.
__
PART
XII.
SEWERS
ANI)
DRSTNS.
X
ni
en
d
~
IllCllt
Art
IS90.
Owners
to
repair
and
clcan
Cl11
vt.rt5.
Provision
120.-(
1)
Where
two
or
more
houses
or
prcniises
in
lieu
of
are
connected
with
a
single
Iwivatc.
drain
n.liich
con\-cys
I"
tlieir cirainuge into
R
public
sener
or
into
:t
cesspoo!
or
of
Public
Health
Act.
other receptacle for clrainagc
the
C'orporntion
sliall
have
all
the
lmn-ers
conferred
hy
section
41
of
the
Public
Healtth
Act
18'75
and
the
Corlwra
tioii
inay
recover any
espcmsr's
inr
rirretl
by
thcni
in executing any
works
untlcr
thc
powers
conferred
on
thcni
by
thn
t
scbction
from
tlrc
(J~W
of
the
honscs
in
such
proportions
as
sliall
tw
settlcd
by
the
surveyor
or
(in case
of
ciisputc)
by
nrhitrstion
imder
the
Public
Wealth
Act
1875
or
by
a
corvt
of
sununary
jurisdiction and
such
expcnse~
shall
be
recovcrsblc
sun:-
niarily
as
a
civil
debt
or
tht
Corporation
dc~!arc
them
to
he
prim
te
iniprovcnient
cxpenses
ancl
ma>.
recover
them
accordingly.
(2)
Section
19
of
the.
Yublic
Hc~Jtli
Acts
Xniendincnt
Act
1890
shall
ccast'
to
be in
forcc
n.it!iin
-thcl
T)orouqli.
(3)
For.
the
I)uq)oses
of
this
scction
the
eupi,cwioii
"
drain
"
includes
a,
drain
used
for
thc
chinngc
0;
for or^
than
one
building
whether
o~vnetl
or
o
ipiccl
by
thc
zi;Llilc*
person
or
not.
12
1
.--(
1)
The
owncr.
of
any
culvert
made
ldorc~
or after
the
passing
of
this
Act
owr
any
n-atercourw
slxdl
from
time to time
repair
innintairi
and
clc~~nsc
tlrcb
and
if
any
such
owiic~
fails
to
coirqily
nith
tlir
r~
rnents
of
a
notice
givtn
to
hiin
by
thc
C~~qwrxtio::
co
repair maintain
or
clcatm
his
cul\-ert
withiri
ti
tinit.
specified in the
iioticc
the
Corporation
Itmy
execiitt:
any
necesmry
works
of
repair
or
rnaintcnancc
of
or
nia>-
cleanse
such
culvert
and
%Iic
expcnses
thereby
ii:cuii
et1
as
certified by the surveyor shall
be
rcpicl
to
tlicri~
11)-
the
owner.
(2)
This
section shall not
apply
to
any
culvert
(*on-
structed
and maintaincd or
to
k)c
constru
maintained under
any
statutory provision.
70
1
&
12
GEO.
5.
J
Grinzs7y
Corporation
[Ch.
Ixxvi.]
Act,
1921.
PART
XITT.
Rr.4RrieTs.
[Ch.
lxxvi.]
Grimsby
Corporation
[ll
C%
12
Gxo.
5.1
Act,
1921.
AD.
1021.
PART
XIV.
-
VERMINOUS
HOUSES
AND
PERSOKS.
Houses
in-
125.-(1)
If
the medical officer or inspector
of
fested
with
nuisances has reasonable cause to suspect that any
house
is
infested with vermin he
may
enter on such honse
and
be
cleand.
may
inspect and examine the
same
and any aiticlc
therein for the purpose
of
ascertaining whether
such
house is infested with vermin.
(2)
Where on the certificate of the medical officer or
the inspector
of
nuisances
it
appears
to
the Corporation
that any house is infested with vermin the
Corpor
a
t'
ion
shall
give notice in writing to the occupier of such
house
or if the same
be
vacant
to
the
owner
thereof requiring
hiin
within
a
period to
be
specified in such notice
to
cleanse such house
or
the portion thereof specified in the
notice and
if
so
required in the notice to remove
the
wall
papers from the walls
of
such house
or
the portion
thereof
specified in the notice and to take such other sttAps
for
the purpose of destroying and removing vermin
3s
the
case
may
require.
(3)
If
the person to
whoin
such
notice is given fails
to comply therewith within the time therein specificcl
he
shall
be liable on
summary
conviction
to
a
fine
not
exceeding ten shillings
for
every
day
during
which
he
makes default in coniplying \\Ah the requirenients
c,i
siic~h
notice and the Corporation
may-
if
they
think
fit
at
any
time after the expiration of the priod specified
in
ihc
notice themselves do any work r.ccpuired
by
the noticcl
to
be
done and all reasonablc costs
and
expenses incunretl
by
the Corporation in
so
cloivlg shall be reeovcrahlc
summarily
as
a
civil debt
from
the person making the
default.
(4)
Every person
who
shall wilfully obstruct any
authorised officer or servant
of
the ('orporation in
carr;c.in,v
out the provisions
of
this section
shall
be
liablt.
to
a
penalty not exceeding forty shillings
and
to
a
daily
penalty not exceeding twenty shillings.
(5)
Upon any proceedings under this section
the
courh
may
inquire
as
to whether any requirenient
con-
tained
in
any
notice given or
any
wo~k
clone
by
the
Corporation was reasonable and as
to
whether the
costs
and expenses incurred
by
the Corporation in doing such
work
or
any
part
thereof ought
to
be borne wholly or
to
72
[11
&
12
GEO.
5.1
Clrimsbg
Corporntion
[Ch.
lxxvi.]
Act,
1921.
in part by the person to whom notice was given and the
A.D.
1921.
court may make such order concerning
such
costs and
__
expenses
or
their apportionment as appears
to
the court
to
be
just and equitable under the circunistances
of
the
case.
(6)
For the purposes of this section the word
“
house”
inclucics tent
vaii
shed
or
similar structure used for
human
hnbitatrion or any
boat
lying in
any
river dock
canal
or
other water within the
borough
and
used for the
like purpose.
provide free
of
charge
temporary slielter
or
liouse
accom-
vrrniinous
modation with any
mce
for cleansing
and
freeing from verniin tlie person and
clothes of any person
who
shall be certified by the
medical oficcr to be infested witli verniin
or
in
a
foul
or
filthy
condition or suffering froni uny contagious or
infectious disease
of
the skin and may on the certificate
of
the
medical officer cause any such person
who
consents
to leave his
housc
to be removed therefroni to such
temporary slielter or house accomniodation for the
purpose
of disinfecting and cleansing his person and
clothing and in the likc case and on tlie like certificate
may cause
any
sueEl person
who
does not consent to
leak his house to
be
removed therefrom to and detained
in any
such
temporary shelter or house acconiniodation
where
two
justices on the application
of
the Corporation
and on being satisfied
of
the necessity
of
the removal
and detention
make
an
order
for
the rcmoval and
detention subject
to
such
conditions (if any)
as
are
imposed
by
the order
‘The
Corporation shall in every
case
cause the removal
arid
detention to be effected and
the
conditions
of
any ordcr satisfied without
charge
to
the
person
rtmoved.
(2)
Any person
n-ho
wilfidly disobeys or obstructs
the c>xecution of
an
order under
this
section shall
be
liable
to
a
penalty
not
excee;iing five pounds.
(3)
If
any person
at
the
request
of
the
(’oqmration
or under an order
of
such
justices sliall cease
his
eniploy-
ment in order to cornply with such order
tlie
C’orporatioii
may
and in cas(’
oi
an
tsro?t.m.
of
the justices shall make
compensation to
him
for
n,v
loss
he
may
suffei.
thcreby.
(4)
For the p~~rp(~ses
oi
this section the word
..
house”
includes any tent van
shvd
or
similar structure used
for
926.-(1)
The
Corporation may from time to time
Clearlsing
ry attendants
and
apparatus
~~rb~rl-.
73
(5)
Any notice required to
he
given under this
AB.
1921.
section
shall
be
deemed
to
be
properly served by giving
it
to
the person to
wliorn
it
is
adclressed
or
leaving
it
for
him with
some
ininate of his rcsidcnce
or
by sending
the
Same
by post in
R
registered Ictter
at
his
usual
or
last
known residence.
In
any
such
notice it shall
be
sufficient to designate
thc
pc’rson
to
h
sc~vetl
as
tlic
parent
gna2rdian
or
other
person
liable
to
ninintaiii
or
1iRriiig
ilic
nctid
custocly
of
the
vhild
n-hose
pca
II
or
clothiiig
1-eqriire;;
to
be
cleansed.
(6)
l4’c.r
the
~)LII’~JOSCS
of this
scction
the
cxpression
‘‘
child
”
ni~ai~
a
perso11
under
tlie
ape
of
fourtccn
ynrs.
-
PART
XV.
[Ch.
Ixxvi.]
&hdy
Corporcrtion,
[I1
&
12
GEO.
5.1
Act,
1921.
A.D.
1921.
(3)
Tf
any
person shall carry
on
such
offensive
trade
beyond the period nforcsaid
lie
dial1
lw
lishlc
to
a
pcnalty
not exceeding
five
pounds
aiid
to
a
daily penalty not
exceeding forty sliillings.
Diiroii
-
129.-(1)
111
any
case
n-here
tlic
~)remi.;es arc'
tiii-xaliw
of
being
iihcd
for
the
caxi
o1i
of
ui
~~iien4i*c
trade
offcll>lv~
wvitliiii
t11e
mcaLiiiig
of
.cxtioii
4
18
oi'
the
PrLhlic, Ha;~1111
Act
1875
ah
extcncicct
by
section
51
of
the
Puhlic~
Honlth
t
r
Act5
Amendment
Act
1907
and
by
this
Act
niid
ill
tlic
opinion
of
the
Corporation
it
is
ii,expcdiciit
in
the
iutc-
rests
of
public health that
such
tide
should
be
carried
011
in
such
prcmises
the
owier
01'
occupicr
of
thc
;Ianic~
may
bg
required
aftcr
six
montlic'
iioticc
iii
writiity
by
the
Corportit8ioii
imcicr the
lis~rd
of
tlie
ton
12
clcrk
to
~C'RLC'
to
w;e
qurh
prerniyes for
tlic
carrying
011
01
s-ucli
c.fi'cnsivc
trade
:
Provided that tlic foriiiatioii
or
expression
11)-
the
Corporation
of
an
opinion
uutfer
$,his
hiibwci
ion
sli
a11
be
decnied
to
be
a
dctermiiiatioii
of
the
Corporal
ion
within
tlie nieaiiiiig
of
the hectioii
of
thiq
Act
of
\Thich
the nnargiiial
iiote
is
"
Aq
to
ap1)cal
"
ancl
that the
prcn'i-
sioiis
of
that
section
sliall
accordingly
ajq
)ly
with
x-,pect
to
:such
opinion
as
well
as
to
any
wquir.emc.iLt
3y
tliv
Corporation under this subsect)ion.
(2)
Any
person
~dio
fails
or
neglects
to
comply
with
the provisions of subsection
(1)
of
thk
section
shall
be
liable to
a
penalty
not
exceeding five
1:ou11~is
and
to
a
daily peiialty not exceeding forty shillings.
(3)
If
tlie Corporation
under
the
prm-isioiis
of
this
section require
ail)'
1)e~:~on
tc,
cea,
2
to
me
such
premisc,
for
the
carrying
011
of
3x1
offelisire
trade
tlie~
::hall
pay
compeiiratioii
to
such
person
for
any
loss sustaincd
by
him
in CoiiSequeiice of the
action
of
tlie Corporation
Provided
that
this
subseclion
slia811 iiot apidy in
.the
CUAC
of
any
preiniws
with
rcspcct
to
which the coizscnt
of
ilie
Corporatioil
shall
hare
lxwi
gil-eii
for
a
pcrjod
oiils
anlcss the
Corporation
shall
have
required that the
user
of
wch
lmmises
for
the
cairying
on of
an
offensive
trade
slid1
ceabc
beforc
the
expiration
of
such
period.
(4)
The
powerr
of
this
section
shall
be
in addition
to
and
not
in
derogation
of
thc existing powers
of
tlie
Corporation
with
reference to offensive trades.
76
[ll
&
12
GEO.
5.1
Grimsby
corpora ti or^
[Ch.
Ixxvi.]
Act,
1921.
130.
111
tiii:s
1'a;r.t
of
thi.;
Act
t~llcl
subject
to
the
I)cfinitiona
"
Appoiiit:d
day
"
nieaiw
tlie
day
appoiiitcd
by
the
Corpora-tioii
unc1c.r
thc:
provisions
of
the section
of
this
Act,
of
which tlie
marginal
iiote is
"
As
provisioiis
thcreo€--
in
this
Pait
of
Act.
6'
to
putting
into
force provisioiis of this
Part
of
"
Act
"
:
"
Officer
"
or
"
servalit
"
nieaiib
ai
officer
or
servant
at
the
appoiiited day in
the
permanent and
exclusive
service
of
tlic
Corporation or there-
after
appointed
ancl
in
each case designated
an
oficer
or servant in
ail
established capaciky
for
the
purposeed
of
this
Part
of
tliis
Act
by
a
resolution
of
the
Corporation
passecl
or
to
be
passed
aid
whether
in
rcccipt
of
salary
or
wages
but
not
ail
QECCY
or
tervaiit
who
shall
bc
eiiti
tled
to
~,up)c'rtmIii'
ztiioii
uiider
the
the
holdiiig
by any
person
n-lio,~
priiiciid ciiiplogiii eiit is with
the
Corporation
of
any
oliice
or
eniployrneiit
under
aiiy
body
or
l~ct":~oii
other
than
the
Corporatim
\Ti
tli the
consent
oi
tlie
Corporation
shall
not
deprive
such
pe~~~i
of
his
!,tatus
as
an
offieer
or
hcrvaiit
:
Provided
also
that
any
assistant overseer appointed
or
to
bc
appoiiitcd
by
tlie
Corporatioil
dial1
be
dceriied
for
the purposes
of
this
Pi3Jl.t
of
Chis Act
to
be
ai1
officer
or
servant
in
the
permanenLt
aiici
exclusive
service of
the Corporation
and
that
thi.3
Part
of
this
Act
shall
apply
to
eveq
iucb
a-&tmt,
o\-erseer
as
if
lie
had
heen
designated
mi
I)ffict~r
,,crvaiit
in an c,-,tablishecl capacity
€or
the
purposes of this
f'art
of
this
Act by
a
resolution
of
the Corporation
:
Provided further
that
the
expressions
"
officer
"
or
servant
"
shall
nol
include
a
person
being
a
teacher
employed in
any
public elementary school in the borough
(whether provid.cd
by
the
Corporation
as
the
local
education authorit?-
(rr
ilo~
r:o
provided)
or
eniployect
in
any
school
college
or
hostel
provided
by
the C'orporation
ad
ithe
local education authority for
the
purposes
of
77
AD.
1921.
As
to
reckoning
prior
ser-
vice
or
aggregated
service.
[Ch.
Ixxvi.]
Gr.irrtsby
~~~po~ntio?~
[II
t~
12
CEO.
5.1
Act,
1921.
]133.-(A)
In
the case
of
any person being
at
the
appointed day an officer
or
servant no service or aggre-
gated service prior to
such
day
and
in
the
case
of any
person
appointed
or designated
as
itn
officer
or
servant
subsequently to the uppoiiitctl
day
110
aggregated service
shall
be reckoned
as
or
shall be service
or
aggregated
service
(as
the case
niay
be)
for
the
purposes
or
within
the
nicariiiig
of this Part of this
Act
if
such
officer
or
servant within three months
from
the date of liis first
being entitled to become
a
contributor to the super-
annuation
fuiicl
shall
notify to the (‘orporation in writing
his desire
that
such
serl
icc
or
aggrcgatccl
service shall
not
he
reclioiicci.
(B)
Except
as
:iforesaid
every
officer or
servalit!
shall
in
respect,
of
any
pxiod
of
servict.
or
aggregated
servjcc
which
shali
iuiclcr the
13ivvisions
of
this Part
of
this
Act
1~
entitled
to
be
reckoii~ti
as
hervice
or
aggry-
gated
service cvmtrihnte to the superairriuation
funcl
in
nianner Jiercinafter provided
one
half
pari
of
the total
mm
which he
would
have contributed during
a
like
period
in the service
or
employment
of
the Corporation
in respect
of
the sa1ar.y
or
wages m-liich he
from
time
to
time actually received during that period together with
compound
interest at the
ratc
of three pounds ten
shillings
per
centuiii
per
aiiniiin
on
the several irihtal-
iiients composing that
siini
cnlcultated from
tEw
dates
on
which such instalinents
wonld
respectively
h5~e
become
due.
(c)
Every
such contribution
as
aforesaid shall be
riiacie
cither
(i)
bp
thc payment into the superaiinuatioii
fund
of
a
surn
in
gross
equal
to
tht. mid
one
half part
within
t’hree
months of the date
of
the certlificate of the
treasurer of the amount payable
or
(ii)
by
the making
throughout
the
period
during
which he
is
a
contributor
to
the superannuation fund of such
an
additional annual
contribution
to
that fund as shall be certified
by
an
actuary appointed for the purpose
hy
the
Corporation
(being
a
Fellow either
of
the Institute
of
Actuaries
or
of
the Faculty of Actuaries in Scotland) to be properly
equivalent to the payment of the said sum in gross within
the
said period of three months.
0
bligatiori
of
officers
and
ser-
134.
Subject
to
the provisions of this
Part
of this
Act every officer or servant shall contribute annually for
thc purposes of
this
Part
of
this Act
at
the rate
of
five
80
pounds per centum
per
annum
011
tlic amount of
Inis
:I
I).
I!I?I.
salary
or
wages
and
such contribulion shell
be
froin
---
time to time deducted from the
salarv
or wages payable
c,o,ltributc,
to
him.
vants
to
135.
The scale of superatnnuation allowances shall
Scnlc
of
Such an annual allowance
as
sliall
IW
equal to one-
annuation
be
as
follows (that is to
say)
:-
super-
sixtieth of the average annual amount of the salary
or wages of the oficer or servant entitled thereto
during the five years
ciiding
on the
clav
which
imniediatcly precedes the
day
on
which
he
ceatjes
to
hold
his
oecc
or
einplopiiient
inulti]:lied
by
thc.
nuniber of complete
years
conipriwti
in the
sc.rvic.ch
or
aggregated service of such officer
or
servant
:
Provided that in
no
case
shall
any
sueh
allowance
exceed forty-sixtieths
of
the
said
average annual amount,
of
the salary or wages:
Provitld
also
that
where an officer
or
servant is
unable
by
reason
of
physical
or
mental infirmity
to
perform the duties for which
he
was
appointed but
is
employed at
a
reduced salary or wages he may if the
Corporation allow contribute to the superannuation fund
on the basis of the higher salary
or
wages and be entitled
to the superannuation allowance
on
such
higher
salary
or
wages.
allowance under this Part of t'liis Act is appointed to
subsc~ent
any office
or
employment
by
the
Corporation
or
~)y
any
~~~~l~,nt-
authority where
his
salary
or wages shall
be
paid directly
or
indirectly out
of
any
rate
or
rates
or
out
of
any
public
moneys such allowance shall cease
to
be
paid
so
long
as
he continues to
hold
such
office
or
eniploynzcnt if the
salary or wages thereof are equal to
or
in
excess
of
the
amount
of
such
allowance and
if
less
thcn
only
so
much
of
such
allowance shall be paid
(so
long
as
he
holds
snch
office or employment) as will inah
up
the
ctefieicney.
Any such person on ceasing
to
liold
such
oflice
or
employment shall be entitled
to
revert to
and
to
receive
the full amount
of
his original supcrannuation allowance.
any offence
of
a
fraudulent character
or
grave
mis-
for
miscorl-
conduct is dismissed
or
resigns
or
otherwise ceases to
hold
his office
or
employment shall forfeit all
claim
to
any
136.
Where a person in receipt of a superannuation
Case
of
137.
-4n
officer or servant
who
in consequence
of
Forfeiture
tluct.
E'
81
AD.
1921
I_
Return
of
contribu-
tions
on
cesser
of
officr
&c.
Return
in
case
of
death.
[ch.
1Xxvi.l
Grirnaby
Corporation
[ll
&
12
GEO.
5.1
Act,
1921.
82
superaimuation allowance under this Part of this Act
in respect
of
his service
or
aggregated service Provided
that
in
the case
of
any such officer
or
servant the Corpora-
tion may
if
they see
fit
return to him out of the super-
annuation fund the whole
or
any part of his contributions
under this Part
of
this Act.
138.
An officer
or
servant who has not become
entitled
to
a superannuation allowance
and
mho
(A)
by
reason
of
a reduction
of
staff
or
abolition
or
alteration
of
office or employment resigns
or
loses his office
or
employ-
ment
or
(B)
ceases to hold his office
or
employment by
reason of bodily injury not occasioned by his
own
default
or
(c)
ceases to hold his
office
or
employment by reason
of
any other cause whatever other than his own mis-
conduct' shall be entitled to receive out
of
the super-
annuation fund
a
sum equal to the amount of all his
contributions
to
such fund (including any amount not
being interest contributed by him
in
respect
of
prior or
aggregated service) together in cases
(A)
and
(B)
with
simple interest thereon at the rate of four per centum per
annum but
if
he subsequently be again appointed to be
an
officer
or servant his prior service
or
aggregated service
(if any) shall not
be
reckoned as
or
be service for the
purposes
or
within the meaning of this Part of this Act
unless upon his fresh appointment he pays to the fund
the amount
so
received and he shall not be entitled to
reckon as aggregated service a longer period than with
the prior aggregated service will amount to
a
period
of
ten years.
139.--(1)
In the event
of
an
officer
or
servant dying
before becoming entitled to
or
receiving a superannuation
allowance under the provisions of this Part of this Act
the Corporation shall pay to his legal personal representa-
tives out
of
the superannuation fund a sum equal to the
whole
of
the contributions (including any amount not
being interest contributed by him in respect
of
prior
service
or
aggregated service) made
by
such officer or
servant to the superannuation fund under this Part
of
this Act with compound interest thereon at the rate of
three per centum per annnum calculated with half-yearly
rests.
(2)
In
the event
of
the death
of
an officer
or
servant
after he has become entitled to a superannuation
allowance and before he shall have received the allowance
[11
&
12
GEO.
5.1
Grimsby Corporation
[Ch.
Ixxvi.]
Act,
1921.
to
which he would have been entitled for thc first year
AD.
1~1.
after he has
so
become entitled his legal personal repre-
sentatives shall be entitled to the superannuation allow-
ance for such yea'r
or
the balance thereof after deducting
any payments which may have been made
to
the officer
or
servant
so
dying.
minister a superannuation fund to which shall be carried
mnuation
and credited-
fund
.
I-
140.-(
1)
The Corporation shall establish and ad-
Super-
(A)
A sum hereinafter called
"
the primary annual
contribution
"
to
be raised annually in and
by the borough fund and other the several
revenues of the Corporation and to bear such
a proportion to the total salaries of tthe officers
and servants contributing to the fund as herein-
after provided
:
(B)
The amount of the deficiency contribution which
shall be raised annually in and by the borough
fund and other the several revenues of the
Corporation
:
(c)
All
percentage amounts
of
salary
or
wages
deducted and other the sums contributed by
the officers and servants as in this Part of this
Act provided
:
(D)
All
dividends
or
interest arising out of the invest-
ment of the superannuation fund
or
any part
thereof
;
and
(E)
Such amount out of the borough fund and other
the several revenues of the Corporation
as
may
be required for the purpose of making up to an
amount equal to three and
a
half per centum
per annum upon the moneys
for
the time
being forming the superannuation fund the net
amount received by way of dividends
or
interest upon the securities in which such
moneys
or
any part thereof are
or
is for the
time being invested.
(2)
The following shall be charged upon the super-
annuation fund (namely)
:-
(A)
Superannuation allowances made in pursuance
(
B)
Contributions
or
parts
of
contributions returned
of this
Part
of this Act
:
or
paid in pursuance
of
this Part of this Act:
F2
83
[Ch,
Ixxvi.]
Grimsby
Corporation
[ll
&
12
GEO.
5.1
Act,
1921.
AD.
1921.
(c)
Interest paid in pursuance
of
the sections
of
this Act
of
which the marginal notes are
tively
“
Return of contributions on cesser
of
office
kc.”
and
“
Return in case of death.”
~rivestnierlt
141.
At
the end of each financial year the surplus
of
sqm-
of
the aiinual income
of
the superannuation fund above
annualion
the expenditure thereout shall be invested in statutory
securities and the income thereof paid into that fund.
f
rind
*
Provihionq
14%.
A
copy
ol
the provisions
of
this Part of this
ot
this
Act shall be sent
or
delivered
to
each officer
or
servant
Of
Art
in the service
or
employment
of
the Corporation at the
not
to bc
c.ompulsory
passing
of
%his
Act and sny such
officer
or
servant
who
llpon
txyist-
shall before the appointed day signify
in
writing to the
ing
officers.
Corporation that he does not desire to avail himself of
the provisions of this Part
of
this Act
shall
not
be required
to make any contribution or to submit to any deduction
from his salary
or
wages under this Part
of
this Act nor
shall he
be
entitled to receive any superannuation allow-
ance gm-buity
or
other benefit under this
Part
of
this
Act.
143.
Any servant
or
workman
in
the employment
(1)
’GVho
is employed
by
way
of
manual labour
;
and
(2)
IVhose
wages are paid not less frequently than
(3)
Who
is
not
in the employment
of
the Corporation
may
at any time within one month after the date upon
which he enters their employment signify in writing
to the Corporation that he desires to avail himself of the
provisions of this Part
of
this Act and
any
such servant
or workman
who
does
not
so
signify to the Corporation
shall not be required to
make
any contribution
or
to
submit
to
any
deduction from
his
wages under this
Part
of
this Act nor shall
Be
bc entitled to receive any super-
aiznuation allowance gratuity or other benefit under this
PaTt
of
this
Act.
Corporation
144.
Any scheme under this Part
of
this Act shall
to
be
regis-
not come into operation until such scheme shall have
under
been registered
as
the
rules
of
a
society
under
the
Friendly
Societies Act
18%
and any amendment
or
variation
of
Friendly
Societies
,I&.
such scheme
shd
not
be
valid until
so
registered and the
provisions
of
that
Act (except the proviso
to
subsection
(1)
-
Optional
exclusion
of
of
the Corporation-
workmen.
weekly; and
at
the
passing of this Act;
84
[I1
&
12
GEO.
5.1
Grimsby
Corporation
[Ch.
Bxxv~.,
Act,
1921.
of
section
8
and section
41)
so
far
as
they are applicable
A.D.
1921.
and are not inconsistent with the provisions
of
this Part
of
this Act shall apply
(A)
as
if such scheme were the rules
of a society to which that Act applies
(B)
as
if the Cor-
poration were the trustees of such society
(c)
as
if the
superannuation fund werc the funds
of
such
society
and
(D)
as
if the contributors
to
snch
fund
were
the members
of
such society
:
Provided that the powers
of
sections
78 71 73 78
and
79
of the said Act shall not be exercised without the
consent of the Corporation and that the Corporation shall
send
to
the registrar under the said Act
a
copy
of
any
certificate and report made in pursuance of the section
of
this Act
of
which the marginal note
is
“Actuarial
investigation.
”
-
145.
A
superannuation allowance shall not be
Buperannustim
allowances
uot
to
be
assiguable
capable
of
assignment
or
transfer.
146.-(1)
The Corporation may make
or
pay to
Porver
to
any officer or servant who shall by reason
of
his reaching
Pension
cer-
the age
of
sixty-five years
or
on account
of
ill-health
or
tain
ofic‘l’
incapacity
or
otherwise retire from the service of the
Corporation before becoming entitled to
a
superannuation
allowance under the provisions
of
this
Part of this Act
or
any such officer
or
servant
as
is
referred to in the
section of this Act of which the marginal note
is
“
Return
of
contributions on cesser
of
office
&e.” a pension retiring
allowance payment
or
gratuity
of
such smounti
or
may
make such addition
to
or
increase of any superannuation
allowance payable out
of
the superannuation fund under
this
Part
of
this Act and on such terms and conditions
as the Corporation may think
fit
but any such officer
or
servant who has been
a
contributor to whom any such
pension retiring allowance addition
to
or
increase of
superannuation allowance payment or gratuity may be
so
made or paid shall (save as regards any superannuation
allowance received out of the superannuation fund)
thereupon relinquish any claim to any repayment
of
contributions
or
any other benefit from
such
fund.
(2)
Any pension retiring allowance addition
to
or
increase of Superannuation allowance payrnent
OF
gratuity
made
or
paid by the Corporation under the provisions
of
this section shall be made
or
paid out
of
the borough fund
and borough rate
or
out
of
such other funds
rates
revenues
and
F3
85
AB.
1921.
__
As
to
IlUt-
ting into
forcc
pro-
visions
of
1
his Part
of
Act.
Deficiency
contribu-
tion.
Actuarial
nvestiga-
tion.
[Ch.
lxxvi.]
Grimsby
Corporation
[ll
&
12
GEO.
5.1
Act,
1921.
or
accounts and in such proportion
as
the Corporation
shall determine.
14%.
This Part of this Act shall not come into
operation unless
or
until the Corporation shall have
obtained
a
report from an actuary (being
a
member
either
of
the lnstitute
of
Actuaries
or
of the Faculty
of
Actuaries in Scotland) appointed by them
as
to
what the
primary annual contribution
as
by this Part
of
this Act
provided should be and thereafter the Corporation may
appoint
a
day for this Part of this Act to come into
operation.
148.
So
soon
as
practicable after the appointed day
the conditions of the superannuation fund shall be sub-
mitted by the Corporation to an actuary (being a Fellow
of
the Institute of Actuaries or
of
the Faculty
of
Actuaries
in Scotland) who shall consider the same and shall make
an actuarial valuation
of
the fund and on the basis
of
such
valuation shall certify the amount (in this Part
of
this
Act called the
“
deficiency contribution
”)
which the
Corporation shall contribute to the superannuation fund
in addition to the primary annual contribution
so
that
the superannuation fund shall be solvent (having regard
to the tlien existing and prospective liabilities) and such
deficiency contribution shall be calculated
so
as
to cast
upon the Corporation an equal annual charge for a period
of
fifty years
from
the appointed day.
149.
At the expiration of three years from the
appointed day and
at
the expiration of every subsequent
period of three years the condition of the superannuation
fund shall be submitted by the Corporation
to
an actuary
(being
a
Fellow either of the Institute of Actuaries
or
of
the Faculty
of
Actuaries in Scotland) appointed by them
who shall consider the same and shall make an actuarial
valuation
of
the fund and on the basis
of
such valuation
shall certify what proportion in his opinion the primary
annual contrihution slisll bear
to
the total salaries
of
the
oficers and servants contributing to the fund
so
that
such proportion
slisll
at
a11
tiriics
be
as
nearly constant
aid
vnry
as
li-&
as
iaay
l~c:
and
50
that without further
imoursic
to
tlic:
I~~ough
fund
or
othcr the several revenues
of
the
(‘or1)oration
the
supmmnuation fund
as
constituted
undcr
paragraphs
(A)
(B)
(c)
and
(D)
of subsection
(1)
of
the section
of
this
Acl,
of Qliich the marginal note is
86
r1l
&
12
QEO.
5.1
Grimsby
Corporation
[Ch.
Ixxvi.1
Act,
1921.
"
Superannuation fund
"
shall be solvent (having regard
AI).
1921.
to existing and prospective liabilities) and for the then
ensuing triennial period the primary a8iinual contribution
shall
be
the proportion
so
certified
and
shall be paid
to
the superannuation fund accordingly.
-
PART
XVII.
CONSOLIDATIOX
OF
RATES.
150.
This Part of
this
Act
sliall
come into operatioii
Commence-
on the first clay
of
April one thousand nine hundred and
mentofthis
twenty-two which date
is
in this Fart
of
this Act referred
Part
Of
Act.
to as
"
the eommenceinent of this Part of this Act."
151.
In this Part of
this
Act unless the subject
Interpreta-
or context otherwise requires-
tion
of
expressions
"
The parish
"
nieans the parishes of Great Grimsby
in
this
Part
and Clee respectively or any parish into which
of
A,,,.
those parishes may be amalgamated
;
"
The overseers
"
means the overseers of the parish
;
"
The poor rate
"
means the
poor
rate of the parish
;
"
The consolidated rate
"
means the
poor
rate as by
this Part of this Act authorised to be levied and
collected.
152.-(1)
All
expenses of the Corporation which if
All
expenses
this Part of this Act had not been passed would have
of
Corpora-
been payable out of and all rates charges damages
tion
to
be
paid
out
of
penalties and other moneys which if this Act had not
borough
been passed would
have
been paid
or
carried
to
the credit
fund
and
of
the district fund
or
general district rate
or
otherwise
rate.
shall be charged on and defrayed out of
or
paid and
carried to the credit of the borough fund and the borough
rate and in any case for which no specific provision is
made in this Act any reference to the district fund
or
general district rate in the foriner Acts or in this Act
or in any Act
or
Provisional Order in force in the
borough or in any mortgage of or charge on the said rate
or
fund granted by thc Corporation in pursuance of the
provisions of any such Act
or
Order shall be deemed to be
a
reference
to
the borough fund
ancl
the
borough
rate.
(2)
The district fund slid1
be
closed and any balance
which
at
the commenccnient of this Part
of
this Act is
standing to the credit or to the debit of the
said
fund
F4
87
1i.U
1921.
shall
from
and
after that date
be
transferred to the credit
or
the
debit
(as
the
case
may
be) of the borough fund
ax1
:my
i~i~nep owing
to
the Corporation in respect of
OF
in
comexion
with the
said
fund shall notwithstanding
t,hc
provisions
of
this
Yart
of
this Act continue to be
payable
to
and recoverable
by
the
Corporation
as
if this
Part
of
this
Act
had
not been passed and when received
by
the Corporation shall be carried to the credit of the
borough fund.
153.
The contribution of the parish to the borough
rate shall be paid by
tlie
overseers out of the
poor
rate
and
tlie
provisions
of
Shall apply
to
such contribution.
__
('oritri
bn-
tion
to
boroiigh
ratcx
to
bc
[,ai,l
ollt
,,€
poor
rate.
Pour
rate
154.
The poor
rate
(inclusive of the contributions
ti)
~JC!
call~l
io
the borough
rtitcx
levied
as
part thereof in pursuance
the
of the provisions
of
this Act) shall be called the consoli-
dated rate.
solidat
ed
rate.
Ibiff
crciitial
155.
The provisions contained in this section shall
r'ithg
for
havc
effect
with respect to the consolidated rate (that
ccrt:tiri
is
to
say)
:-
h~(~iit~~-
(I)
The
owner
of
any tithes
or
any tithe commuta-
llic~nt
2.
tion rentcllarge
or
the
occupier of any land
nsod
as
arable nieadom or pasture ground
only
or
as woodlands allotments orchards market
garclciis
or nursery grounds and
the
occupier
of
any land covered with water
or
used only
as
a
canal
or
towing-path
for
the sanie
or
as
;t
railway
constructed under the powers
of
any
Act of Parlianient for public conveyance
dial1
be
assessed
to tlie consolidated rate in
rcspcct
of
such hereditaments on the full
rateable value thereof but (subject as in this
section
provided) shall be
liable
to pay in
each year in respect
of
such hereditaments
a
rate calculated on the basis
of
sixty-one and
one-linlf
per centuiii only
of
the amount in
the pound
of
the ratc payable in respect
of
Iicwclitnn~ents
not
within the provisions of this
mAion
:
(2)
Buriiig
thc
continuance
of
the Tithe Rent-
charge
(ltstcs)
Act
1899
such Act sllsll have
ctfect within the
borougli
as
if
the following
88
[I1
&
12
GEO.
5.1
Griwisby
Coqioration
[Ch.
lxxvi.]
Act,
1921.
provision were substituted for section
1
thereof
A.D.
1921.
The owner of tithe rentcharge attached to
a benefice shall be liable to pay only seventy-
four one hundred and twenty-thirds of the
amount payable under subsection
(1)
of the
section of the Grimsby Corporation Act 1921
of which the niarginal note is
"
Differential
rating for certain classes of hereditaments
"
in respect of any rate which is assessed on
liini as owner of that tithe rentcharge
and
the remaining forty-nine one hundred and
twenty-thirds thereof shall on demand being
made by the collector of the rate on the
surveyor of taxes for the borough
or
any
district therein be paid by the Commissioners
of Inland Revenue out of the sums payable
by theni to the local taxation account on
account of the estate duty grant
:
(3)
land as defined in that Act shall be liable to
pay in each year in respect of such land
a
rate
calculated on the basis of thirty-seven per
centum only (instead
of
sixty-one and one-half
per centum) of the amount in the pound of the
rate payable in respect of hereditaments not
within the provisions of this section
:
(4)
Nothing in this section shall in any way affect-
(a)
The operation of the Agricultural Itates
Act 1896 save as in this section is expressly
provided or tlie payment of the sum ccrtificd
by the Ministry of Health as tlie amount of
the share of tlie annual grant payable undcr
that Act out
of
the local taxation account
to any spending authority
or
tlie operation
of the Ecclesiastical Tithe Rentcharge (Rates)
(B)
The amount of thc contribution for any
purposes to be niade by tlie parish out of the
poor rate;
or
(c)
The calculation of the amount in the
pound of the part of the
poor
rate levied for
the purposes
of
the relief of the poor and
(that is to say)
:-
-
89
A.D.
1921.
of
error
in
consoli-
dated rate.
Omissions
from
con-
solidated
rate.
As
to
section
133
of
Lands
Clauses Con-
solidation
Act
1845.
Appeals.
[Ch.
Ixxvi.]
Grimsby
Corporation
[ll
&
12
GEO.
5.1
Act,
1921.
other expenses
of
the guardians and expcnses
of
the overseers respectively which is required
to be stated in the demand note for the poor
rate.
Amendment
156.
Any person who feels aggrieved by reason of
any error in
a
consolidated rate
may
apply to a court
of
summary jurisdiction sitting in and for the borough
who after the applicant has given such notice
to
the
overseers who made the
rate
and such persons as the
court may think just may hear the case in like manner
as in the casc of summary proceedings and amend the
rate
so
far
as
respects such error.
157.
Whenever the name
of
any person liable
to
be rated
at
the time the consolidated rate is made is
omitted therefrom
or
if
any person is described in any
such rate by
a
wrong name the overseers may after
giving
to
such person seven clear days’ notice
of
their
intention apply to
a
court of summary jurisdiction
sitting in and for the borough who may hear the case
in like manner as in the case of summary proceedings
and insert the name
so
omitted or correct the name
so
wrongly entered and every such insertion and correction
shall operate
as
if
it
had been part of the original rate
Provided that any person whose name is
so
inserted
or
corrected in any such rate inay appeal against the same
at
the quarter sessions of the borough which is holden
next after such insertion or correction in like manner
as
he might have appealed against the rate.
158.
For the purposes of section
133
of the Lands
the poor’s rate shall be
deemed to be one-half of the amount in the pound of
the consolidated rate.
l59.-(1)
If
any occupier referred
to
in sub-
section
(1)
of
the section
of
this Act
of
which the
marginal note is
“
Differential rating for certain classes
of
hereditaments
”
claims that, in respect
of
any rate
made
or
levied he is not receiving the full benefit
to
which he is entitled uncler the said subsection he may
appeal
to
the next practicable quarter sessions for the
borough uncler and accmcling
to
the provisions
of
the
Summary Jurisdiction Acts but no such appeal shall
be
entertained by such quarter sessions unless seven days’
notice in writing of such appeal and of the ground
90
[ll
&
12 GEO.
5.1
Grimsby
Corporution
[Ch.
lxxvi.]
Act,
1921.
thereof be given by the appellant to the Corporation and
A.D.
1921.
the overseers.
.8
(2)
On appeals under this section the court to which
such appeal shall be made shall have power to determine
the amount payable by the occupier in respect
of
such
rate and to award costs between the parties to the
appeal.
160.
No
warrant
of
commitment in respect
of
AS
to
non-payment of the consolidated rate shall be issued
rccover~
of
against any person
who
shall satisfy the court that his
gEg;tca
failure to pay the said rate is due to circumstances over
which he had
or
has no control and that lie has not
divested himself
of
means for the purpose
of
evading
payment
of
the said rate.
-
FINANCE.
161.
All expenses incurred by the Corporation in
E~~~~~~~
carrying into execution the provisions of this
Act
of
execution
(except such expenses as are to be paid out
of
borrowed
of
Act.
money) shall bc paid
as
follows (that is to say)
Expenhes
incurred for sanitary purposes or for
street improvements out of the district fund
and
general district rate
:
(2)
Expenses incurred for
or
in relation to the
electricity undertaking out
of
the revenue of
that undertaking and if in
any
year that
revenue be insufficient for the
purposes
to
which it
is
applicable the deficicricy
shall
be
made
up
out
of
the district fund aiid general
district rate
:
(3)
Expenses incurred for all other
purposes
(not
otherwise provided for in this Act) out of the
borough fund
and
borough rate.
P62.-(
1)
The
Corporation niay from time'
io
time
Power
to
independently
of
any other borrowing
power
borrow at
borrow.
interest for
tlic
purpose:; niciitioiicd in
tlic
first column
of the
following
table
tlie
rcq~ectivc
sunis
rncritioiied
in tlic second colunin
thcrcof
aiid
in
orclcl.
to
sc'curc
tlic repynicnt tlicrcof
aid
tlie payment
oi
iiitercst
thereon
they
may
rnortgsge or charge
tlie
respcc
tive
revenues funds and rates mentioned in tlie t'liird column
91
[Ch.
lxxvi.]
Grimsby Corporation
[11
c(;
12
GEO.
5.1
Act,
1921.
A.D.
19213
of the said table and they shall pay
off
all
moneys
SO
borrowed within the respective periods mentioned in
the fourth column thereof (namely)
:-
-
Purpose.
(a+(i)
For
thepur-
chase
of
the
un-
dertaking of the
Great Grimsby
Street Tramways
Company within
the borough.
(ii)
For
the con-
struction of the
tramways.
(iii)
For
the equip-
ment
of
the tram-
ways and recon-
constructed tram-
ways and the
trolley vehicles.
(iv)
For
the provi-
sion
of
trolley
vehicles.
(v)
For
the acquisi-
tion of lands for
tramway and
trolley vehicle
dep6ts.
(B)--(i)
For
street
works.
(ii)
For
tho acquisi-
tion
of
lands
therefor.
(0)
For
the purchase
of
the Fisherlads’
Institute and
houses adjoining
thereto.
(D)
For
payment of
the costs and
expenses of ob-
taining this Act
as
liereinaftor
defined.
Amount.
The
sum
requisite.
€101,155
f30,208
€60,000
€5,000
$2,000
$21,000
The
sun1
requisite.
The sum
requisite.
Charge.
The
tramway
revenue and
the borough
fund and the
borough rate.
The district
fund
and tho
general dis-
trict rate.
i
1
The
borough fund
and the borough
rate.
The borough fund
and
tho borough
rate.
’eriod for fiepayment.
____
Thirty years
from
the
date
of
borrowing.
Thirty years from the
data
of
borrowing.
j
Twenty years from the
date
of
borrowing.
Ten years from the
date of borrowing.
Sixty years from tho
date of
borrowing.
Thirty years from tho
date
of borrowing.
Sixty ycars from tliu
date of borrowing.
Forty years
from
the
date
of
borrowing.
Five
years
from
the
passing
of
this Aut.
92
[I1
&
12
GEO.
5.1
Grimsby
Corporation
[Ch.
Ixxvi.]
Act,
1921.
(2)-(A)
The Corporation may
also
with the consent
A.D.
1921.
of
the Minister of Health borrow such money
as
may be
-
necessary for any of the purposes of this Act other than
the purposes of Part
11.
(Tramways) Part
111.
(Trolley
Vehicles) Part
IV.
(Provisions
as
to Tramways and Trolley
Vehicles) or Part
VII.
(Electricity) and may with the
consent
of
the Minister of Transport
as
respects the
said Parts
11.
111.
and
IV.
and
of
the Electricity Com-
missioners
as
respects the said Part
VII.
borrow such
further money
as
may be necessary for
any
of the
purposcs of the said Parts
of
this Act.
(B)
Any money borrowed under this subsection shall
be repaid within such period
as
may be prescribed by
the Minister or Commissioners with whose consent it is
borrowed and that period shall be the prescribed period
for the purposes of the enactments incorporated here-
with.
(c)
In order to secure the repayment
of
any money
borrowed under this subsection and the payment of
interest thereon the Corporation may mortgage
or
charge
such revenue fund or rate
as
may be prescribed by the
Minister or Commissioners with whose consent the
money is borrowed.
bridge over the
Old
Dock constructed under the powers
borrow
for
of
the Act
of
1869
the Corporation may with the consent
reconstruc-
tion
of
Old
of
the Minister
of
Health borrow
on
the security
of
the
Dock
&strict fund and the general district rate such
sum
Or
bridge.
sums
of
money
as
may be requisite for that purpose
and may
for
the purpose
of
such borrowing mortgage
or
charge the said fund and rate and shall make such
provision
as
the said Minister
may
direct for and with
respect to the repayment of moneys
so
borrowed.
this Act shall not be restricted by any
of
the regulations
of
Public
contained in section
231
(Regulations
as
to exercise of
borrowing powers)
of
and
apply.
in calculating the amount which the Corporation may
borrow under that Act any
sums
which they may
borrow under this Act shall not be reckoned.
shall (subject
to
the provisions
"
to
of
the sections
of
this Act
of
which the marginal notes
163.
For the purpose
of
reconstructing the existing
Power to
164.
The
powers
of
borrowing money given by
Section
234
Health Act
to
165.
Sections
236
to
238
(both inclusive)
of
the
Provisions
mortgages.
93
[Ch.
lxxvi.]
Grimsby
Corporation
[ll
&
12
GEO.
5.1
Act,
1921.
AD. 1921.
are
"
Power to use one form
of
mortgage for all purposes
"
and
"
Provisions
as
to transfers
of
mortgages
")
apply
to and in relation to all mortgages granted under t'lie
powers
of
this Act
as
if
they were with necessary
modificatioiis re-enacted in this Act.
166.
The following provisions of the
Act
of
1889
(that is to say)
:-
Section 72
shall extend and apply mutatis mutandis to and in
relation
to
moneys borrowed and re-borrowed under the
powers
of
this Act,
167.-(1)
The Corporation may raise all or any
moneys which they are authorised to borrow under this
Act by mortgage or by thc issue
of
debentures or
annuity certificates under and subject
to
the provisions
or (with the consent of the
by the creation and
issue
of
stock or partly in one way and partly in another
or
others.
(2)
Provided that the provisions
of
this Act relating
to sinkiiig funds shall apply
to
sinking funds formed for
the repayment of moneys borrowed under the Local
instead
of
the provisions of section
15
(Discharge
of
loan by sinking fund) of khat Act.
Mode
of
168.
The Corporation shall pay
off
all moneys
payment
borrowed by them on mortgage under the powers of
this Act either by equal yearly or half-yearly instalments
off
of
moncy
borrowed.
of
principal or
of
principal and interest combined
or
by
means
of
a
sinking fund or partly by one
of
those
methods and partly by another or others
of
them and the
payment
of
the first instalment or the first payment to
the sinking fund shall be made within one year or when
the money is repaid by half-yearly instalments or by
half-yearly payments to the sinking fund within six
months from the date
of
borrowing.
169.-(1)
If
the Corporation determine
to
repay
by means of
a
sinking fund any moneys borrowed by
virtue of this Act such fund shall be formed and
maintained either-
(A)
By
payment to the fund throughout the
pre-
scribed period
of
such equal annual
sums
as
-_
Incorpora-
tion
of
sections
of
Section
68
(Corporation not
to
regard trusts)
;
(Application of borrowed moneys)
;
Act
of
1889.
Mode
of
raising
money.
Sinking
fund.
94
[I1
&
12
GEO.
5.1
Grimsby Corporation
[Ch.
lxxvi.]
Act,
1921.
will together amount to the moneys for the
A.D.
1921.
repayment of which the sinking fund is formed
-
A
sinking fund
so
formed is hereinafter called
a
“
non-accumulating sinking fund
”
;
or
(B)
By payment to the fund throughout the pre-
scribed period of such equal yearly
or
half-
yearly sums
as
with accumulations
at
a
rate
not exceeding three pounds ten shillings per
centum per annum
or
such higher rate
as
the
Minister of Health niay from time to time
approve will be sufficient to pay
off
within
the prescribed period the moneys for the
repayment
of
which such sinking fund is
formed A sinking fund
so
formed is herein-
after called an
“
accumulating sinking fund.”
(2)
Every sum paid to
a
sinking fund and in the
case
of
an
accumulating sinking fund the interest on
the investments
of
the sinking fund shall unless applied
in repayment
of
the loan in respect of which the sinking
fund is formed
or
in accordance with the provisions
of
the section of this Act of which the marginal note is
“
Power to use sinking fund instead of borrowing
”
be
immediately invested
in
statutory securities the Corpora-
tion being
at
liberty from time to time to vary and
transpose such investments.
(3)
In the case of
a
non-accumulating sinking fund
the interest on the investments of the fund may be
applied by the Corporation towards the equal annual
payments to the fund.
(4)
The Corporation may
at
any time apply the
whole
or
any part of any sinking fund in
or
towards
the discharge of the moneys for the repayment of which
the fund is formed Provided that in the case
of
an
accumulating sinking fund the Corporation shall pay
into the fund each year and accumulate during the
residue of the prescribed period a sum equal to the interest
which would have been produced by such sinking fund
or
part thereof
SO
applied if invested
at
the rate per
centum per annum on which the annual payments to
the sinking fund are based.
(5)-(~)
If
and
so
often
as
the income of an
accumulating sinking fund is not equal to the income
which would be derived from the amount invested
if
the same were invested at the rate per centum per
95
[Ch.
lxxvi.]
Grimsby
CoTporation
[ll
Ss
12
GEO.
5.1
Act,
1921.
A.D.
1921.
annuni on which the annual payments to the fund arc
based any deficiency
shall
be made good by the
Corporation.
(R)
If
and
so
often
as
the income of an accumulating
sinking fund is in excess of the income which would be
derived from the amount invested if the same were
invested
at
the rate per centum per annum on which
the annual payments to the fund are based any such
excess may be applied towards such annual payments.
(6)
Any expenses connected with the formation
maintenance investment application management or
otherwise
of
any sinking fund under this Act shall be
paid by the Corporation in addition to the payments
provided for by this Act.
(7)
If
it appears to the Corporation at any time that
the amount in the sinking fund with the future payments
thereto in accordance with the provisions
of
this Act
together with the probable accumulations thereon (in
the case
of
an accumulating sinking fund) will not be
sufficient to repay within the prescribed period the
moneys for the repayment of which the sinking fund is
formed it shall be the duty of the Corporation
to
make
such
increased payments to the sinking fund as
will
cause
the sinking fund to be sufficient for that purpose
Provided that if it appear to the Ninister of Health
that any such increase is necessary the Corporation
shall increase the payments to such extent
as
the Minister
may direct.
(8)
If
the Corporation desire to accelerate the
repayment of any loan they may increase the amounts
payable to any sinking fund.
(9)
If
the amount in any sinking fund with the
future payments thereto in accordance with the provi-
sions of this Act together with the probable accumulations
thereon (in the case of an accumulating sinking fund)
will in the opinion of the Minister of Health be more
than sufficient to repay within the prescribed period the
moneys for the repayment
of
which the sinking fund
is
formed the Corporation may reduce the payments
to the sinking fund either temporarily or permanently
to
such amounts as will in the opinion of the Minister
of Health be sufficient
to
repay within the prescribed
period the moneys
for
the repayment of which the
sinking fund is formed.
-
96
(10)
If
thc amount in any sinking fund
at
any
A.D.
1921
time together with the probable accumulations thereon
-
(in
the case
of
an
accumulating sinking fund) will in
the
opinion
of the Minister of Health
be
sufficient to
repay
~itlrin
the
prcsc ibed period the
riioncys
for thc
repapcnt
of
which
IC
sinking
fund
is
formed
the
Corporation
map
with
the
cmwit
of
that)
Minister
disconti
iiiii'
tEic
ariniiial
payimients
to
such
sin
king
fund
until
the
Xinister
shnll
otherwise direct.
(la)
Any
surplus of
any
sinlring fund remaining
after
the
discliarge
of
tlie
whole
of
tlic
moneys
for the
repayment
of
which
it
was
formed shall bc applied
to
such
purpose
or piirpmes
iis
the
Corporation with thcl
consent of
tho
Xinistcr
of Health
may
cleternmine.
L
70.-(1)
Any
nioitgagee
of
the
Corporation by
Appoint
virtue of this
Xc-t
may
enforce
the payment of arrears
merit
01
of
intcwst
or
of
1)rineipal
or
of principal
and
iliterest
by
the
apl)ointnic
lit
of
a
rcceiver
The
amount
of
arrecrs
of
prkcipd
rlue
to
such
mortgagee
or
in the case of
a
joint application
by
two
or
more
niortgagew
to
such
mortgagees
collectively
to
authorise the appointmcnt
of
a
receiver
slid
iie
rict
less
+liar_
ten
thoumid
pounds
in
the
wholc.
(2)
The
nppli~tj~iioii
for
the
appointment
of
a
receiver
shall
bc:
rn,zdt:
to
t!~
High
Court.
1
7
1
~
A
~CTSOIX
lcdi~ig
any
principd
filoneys
to the
Protection
Co~~){>~i~ticili
Aall
iivt
I)e
botiricl
OP
eiitirlud to inquirr:
as
of
lender
to
'ilic
o~wrvmc~
b>-
$1~
Corporation
of
o€
this
Act
or
my
otlicr Act
or
Acts or
of
the conditions
hirig
to
tiic
statutory borrowing power under which
tlic
:1io?
c;:
is
borrowcd or
be
bound to
sec
to the
app::Cxticc
or
be
answerahle
for
any
loss
injsapplication
or
xim-application
of
the
money
lent
or
oE
any
part
thereof.
provisions
!om
inquiry.
I.
172.-(
1)
For
the
yurpose
of providing temporarily
As
to
tem-
during
any
financial
scar
for their current expenses
porary
aiici after
tlie
commencemerit
of
such year
it
shall be
borrowing*
lawful
for
the
C'orporation
io
borrow by way
of
tempo:w>~ losii
09.
overdraft
from any bank such sums
as
thcq
may
from
time
to time resolve
not
exceeding in
the
aggreptt.
ai
any time
an
amount equal to one-third
of thc
iota1
aggresate
amount of the before-mentioned
expenses for %he immediately preceding financial year
G
97
[Ch.
Ixxvi.]
Grimsby
Corporation
[11
&
12
GEO.
5.1
Act,
1921.
[11
&
12
GEO.
5.1
Grimsby
Corporcrtion
[Ch.
1xxvi.I
Act,
1921.
which order the Minister is hereby empowered to make
A.D.
1921.
and in the event of the Minister making any such order
-
he
is hereby empowered to make such modific
a
t'
ions
or amendments in the provisions of this section
as
may
appear to him to be necessary.
173.-(
1)
Where the Corporation are authorised
Power
to
by
any
statutory borrowing power
to
raise moneys for
use
sinking
any
p
arpose
they
may
instead of exercising
sucli
borrow-
fund
ill-
ing power by
the
issue of any fresh security in respect
borrowing.
of
thereof exercise
the
said power and raise the said nioneys
eitlicr wholly or partiidly by using for such purpose
so
much
of any moneys for the time being forniing part
of
a
sinking fund as shall
be
available for the repayment
of-
(A)
A
loan
which
is secured by
a
charge on the sanie
rate fund
or
revenue
as
would
be
specifically
chargeable
as
the
securhy for the repayment of
a
loan under the statutory borrowing power
if
the
same
were
raised
by
the issue of
a
fresh
security
and
which is not shown by the deed
to
be
raised in exercise of
a
particular borrowing
power specified therein
;
or
(13)
illoneys
borrowed
and charged upon all revenues
of
the
Corporation in manner provided by the
scction of this Act whereof the marginal note
is
''
Po~wr.
to
use
one form of mortgage for all
purposes
"
and not shown by
tlie
deed to be
raised in exercise of
a
particular borrowing
pwer
specified
therein.
(2)
The Corporation when exercising the powers
con€vi.rect
on
then1 by this section shall-
(A)
Witlidraw from the sinking fund
a
sum
equal
to
the amount of tlie statutory borrowing
power proposed to be exercised by the
user
of
moneys from
sucli
sinking fund
:
(10
Credit
sucli
sinking fund with the repayment
of
an amount of tlie principal moneys for the
repayment of which the fund is established
equal to
the
sun1 withdrawn from the sinking
fund and thereupon tlie amount
so
credited
shall be deemed to be principal moneys dis-
charged by application of the sinking fund
:
(cj
Debit the account
of
the statutory borrowing
power proposed to be exercised with an amount
G2
99
[Ch.
Ixxvi.]
Grimsby
Corporatioiz
[I1
&
12
GEO.
5.1
Act,
1921.
A.D.
1021.
of
the principal moneys equal
to
the sum
withdrawn from such sinking fund
and
tliere-
upon the statutory borrowing power sld be
deemed to have been exercised
as
fully
as
if
the said amount had been raised
by
the issuc:
of
a
fresh security and
tlie
provisions
of
any
enactment
as
to
the repayment and re-bomnving
of
sums
raised undcr
the
statutory borrowing
power shall apply thereto accordingly.
(3)
The provisions
of
this sectioii shall not apply
to
1875.
(4)
The Corporation
shall
furnish
all
such infoma-
tion (if any)
to
the 34inistm
of
H~altli
with regard
to
the exercise of tlie powers
contained
in this section
as
that Minister shall require.
-
Power
to
rc-
borrow.
1
74.-(
1)
The
Corporation shall have power-
(A)
To
borrow for the
purpose
of
paying
off
any
moneys previously borrowed under
any
sta~u-
tory borrowing power which are intended
to
be forthwith repaid; or
(B)
To
borrow in order
to
replace nionC-yh
nhkh
during the previous tn-elve months have
IN
(
11
tcniporarily applied
from
oilier fund;;
of
the
Corporation in repaying moneys
previwbiy
borrowed under any statutory
bo~r
owing
power and which
at
the time
of
such
repay-
ment it was intcndetl
to
replace
by
borrowed
nioneys.
(2)
Any moneya
borrowed
under this section
s1::~li
for
the purposes
of
rcpaymrnt
be
deeniecl
io
foi
111
of the original loan tmd
sliall
be repaid witliiu
portion
of
the period prescribed for
the
repay1m.nt
of
that
loan
wliicli reniaiiis unexpired
and
the
proribions
which are for
tlic
tiiw
being applicable
to
the
origiiial
loan
slid
apply
to
the
nioneys
borrowed under this
section.
(3)
The Corporation shail not
have
power to
bor~on
for
the purpose
of
ninking
any
payineiit to
a
sinking
fund
or
of
paying any jnstaiment or making any
annuai
payiiient which has
or
may beconic due
in
respect
of
borrowed
moneys.
100
[I1
&
12
GEO.
5.1
Crirnsby
Corporation
[Ch.
lxxvi.]
Act,
1921.
(4)
The Corporation shall nct have power to borrow
A.D.
1921,
in order to replace any :iiot;eys previously borrowed
--
which have been repaid-
(A)
By
instalments or annual paynients: or
(B)
By nream
of
a
sinking fund;
or
(c)
Out of moneys derived from the sale of land; or
(D)
Out of any capital moneys properly applicable
to tlie purpose of the repayment other than
moneys borrowed for that purpose.
175.
When
under the provisions of any Act of
Power
to
Parliament or of
any
Order confirnlied by or having the
invest
all
effect of an Act
of
Yarlisnient whether passed confirmed
sinking
or made before
or
after the passing of this Act the
Corporation
arc
empowered
or
required to form
a
sinking
securitir..
fund for tlie payment
oft'
of nioneys borrowed or payable
by tlierii they
may
(in addition to any other powers for
the time being vested in tlieni) invest
pnch
sinking fund
and
the
interest on the investments of such sinking
fund in statutory securities.
176.-(
1)
The treasurer shall within forty-two days
Return6
as
after tlie thirty-first day
of
March
in
each
year if during
to sinking
the twelve months next preceding the said thirty-first
funds.
day of March any
sum
is required to be paid as an
instalment or annual payment or to be appropriated or
to
be paid to the sinking fund in respect of any of the
moneys raised by the Corporation in pursuance of any
statutory borrowing power and not raised by the issue
of
stock and at any other tinie when the Minister of
Health may require such a return to be made transmit
to
tlie Xinister
a
return in such form
as
niay be pre-
scribed by the Minister and if required by the Minister
verified by
a
statutory declaration of the treasurer
showing for the year next preceding tlie making
of
such
return
or
for
such
other period as the Xinister may
prescribe
the
amounts which have been paid
as
instal-
ments or annual payments and the amounts which have
been appropriated and tlie aniounts which have been
paid to or invested or applied for the purpose of the
sinking fund and the description of the securities upon
which any investment has been niade and the purposes
to which any portion of tlie sinking fund or investment
or of the sunis accumulated by way of compound interest
has been applied during the same period and the total
amount (if any) remaining invested at the end
of
tlie
funds in
G3
101
[Ch.
Ixxvi.]
Grimsby
Corpomtioi~
[la
K:
12
GEO.
5.1
Act,
1921.
AI)
1921
year together with such further information (if
anv)
a%
the Minister shall require and in the event of his
failinc:
to make such return the trcssurer shall for each offencil
be liable to
a
penalty not excceding twenty poiinds ti,
be recovered by action on behalf
of
thc Crown
in
tlir
High
Court
and notwithstanding the recovcry
of
slid:
penalty the making of
the
return shall bc cnforeeablc
by
writ
of
mandamus to be obtained by the 31inistc.r
oti~
of the High Court.
(2)
If
it appears
to
tlie
Minister
by
that return
(81’
otherwise that the corporation
have
failed
to
pay
aii?
instalment
or
annual payment required to bc paid
or
to appropriate
any
sum
required to be appropriatcd
CT
to
set apart any
sum
required for the sinking fund
(whether such instralmcnt
or
annual payient
or
sun1
is
required by the Act in pursuance of which the
money:-.
are raised or by the Minister in virtue thereof
to
bc.
paid appropriated or set apart) or have applied
any
portion
of
the sinking
fund
to any purposcs other tliurl
those autliorised the Minister inaj-
by
order direct
that
the
sum
in such order iiientioncd not exceeding
doulol~
the amount in respect of which default
has
been
niadt
slia11 be paid or applied
as
in such order nientionecl
ant1
any
such order shall be enforceable
by
writ
of
inandamti-
to be obtained by the Minister out
oi
the Nigh Court.
-
dpplicntioii
of
revenue
of
tram-
way and
trolley
vehicle
under-
takings.
177.-(
1)
The
Corporation shall apply
all
nionc;\-
received by them on account, of
revenue
in respect
of
ti;c
tramway and trolley vehicle undertakings (each of sdiich
is in this section referred to
as
“
thc
undertaking
”)
iii
the manner and in the order following
(that
is
to
say---
In payment of the working and establish-
ment expenses and cost of niaintenancc of thc
undertaking
;
In payment of the interest on
moneyh
borrowed by the Corporation
for
the purpose6
of
the undertaking
;
In providing
the
requisite appropriations
instalments or sinking fund payments in
respect
of
moneys borrowed
for
the purposes of the
undertaking
;
In
extending and iniproving (if tlie (‘or-
poration tliiiik
fit)
any
worlis
for
the purposes
of
the undertaking
;
First
Secondly
Thirdly
Fourthly
102
Fifthly
Tn
providing
a
reserve fund
(if
the Corpora-
A.1).
1921.
tion tliink
fit)
by
setting ssidc such money as they
__
think
r.e::sonabie
~ind investing tlie same and the
resulting income tlicrcof in statutory securities and
imxiiiuPnting
the
same
at
compound interest
until
the
fmcl
:>o
fomiecl
aiiiounts
to
the niaxiiiium
reserve fund for tlie
time
being prescribed by the
Coqmation
iiot
exceeding
a
sum equal to two-
fifth
of
the
aggiegatc capital expenditure for the
time bcine
by
the (lorporation upon the under-
taking
which
fund
shall
be
applicable
to
answer
any
deficiency
at
any time happening in the
income of tlie Corporntion from the undertaking
or
to meet any extraordinary claim or demand
at
any
time
arising against the Corporation in
rmpect
of
the
undertaking or for payment
of
th~
cost
of
renewals
and
so
that if that fund be
at
any time reduced
it
may
thereafter be again
restored
to
the
presi-ibeci
niaxiniuiii and
so
from
tinie
to
tin:c
as
often as such reduction happens
Provided
that
rc~ort
may
be
liacl
to the reserve
fund
uiic1e.r
tlie
foregoing provkions although such
fund
map
riot
at
the time
have
reached or may
hare
becn reduced
below
the prescribed maximum
:
And
tlie
C'orportdion
shall
carry
to
the credit of the
revenue
of
the
tramway
undertaking
so
much of any
balance
rcinsiiiing
in
my year of the income of the
trolley vehicle undertaking (including
the
interest
on
any reserve fund relating
to
that undertaking when such
fund
amounts
to
the prescribed
niaxiniuni)
as
may
in the
opinion
of
tlie
Corporation not be rcquireci for carrying
on tlie trolley vehicle undertaking and paying the current
expenses connected therewith.
(2)
Any cleficiency in the revenue
of
the trolley
vehicle undertaking shall
be
made good out
of
the
revenue for
tlie
year
of
the
tramway unciertaking and
if
that
is
not sufficient out
of
the borough rate.
(3)
So
inuch
of
my
balance
remaining in any year
of
the income of tlie traniw-ay undertaking (after niaking
any
such
adjusinients
as
are hweinbefoi~ provided for)
as
may in the opinion of the Corporation not
be
required
for carrying on the tramway undertaking and paying
the currcnt' expenses connected therewith
shall
be carried
to
the credit
of
the
borough fund.
G4
-
LO3
A.D.
1921.
(4)
Any deficiency
in
tlic revenue
of
the
tramway
undertaking shall be made
good
out
of
tlie borough rate.
P'98.-(1)
Where the Corporation have
for
the tixc
one
form
being any statutory borrowing
power
tliey
ruay
for
the
purpose
of
exercising
such
powcr
grsnt
inortgages
in
pursuance
of
the provisions
of
this scction.
(2)
Every mortgage
granted
uncier
this
scction
slid1
be
by deed truly stating the cousidemtiun
arid
the
time
or the mode
of
ascertaining
the
time
and
the
plact.
of
payment arid
shall
be scaled with
~Iic
coniriion
sed
of
the Corporation
and
inay
be
iiiade
ill
the
forin
conta,iiicti
in the Thirtl
Schedule
to
tliih
Act
or
io
thc
like
cfyect.
(3)
All
mortgages grantcd
under
this
section shall
rank
equally witlioiit any 1)riority or pr~ferencc
by
reason of
any
precedence
in
the
clare
of
:any
statutq-
borrowing
power
or in
the
datc
of
the inortgagcs or
011
any
other ground whatsocxver and
shall
a1m
rank
equally
with
all
other securities granted
by
the
Corporation
at
any
time
after
the
date
of
the
first grsnt
of
a
iiiortgagc
under this section.
(4)
The repayment
of
all priilcipal suim
anti
thc
payment
of
interest thereon secured
by
mortgages
granted under this section
ddl
be
and.
ilio
same arc
by
virtue of this Act charged
indiiferently
upon all
th
revenues
of
the
Corporation.
affect
the
obligations
oi
thc
Cor
poratioii
tu
providc
lor
the
repayment
of
the
suiiis
secured by
iiiortgag~s
granted
under
this
section and all such ouiiis shall
ix
repaid within
the periods
by
the means
aiid
out
of
tlic
fiincls rates
or
revenues within by
ancl
out
of
wl1icl1
they
\V
odd
Iisvo
been repayable respectively
if
$his
section
had
riot
bceii
enacted.
(6)
Nothing in this section contained slid1 alter
or affect tlie obligations
of
the
Corpor~tion
to
provide
for tlic payment
of
interest
upon
the
s~iiis
secured
by
inortgages granted under this section
and
tlic interest
upon such
sunis
sliall be
paid
ouf,
of
the funds
rates
or
revenucs out
of
whicli such interest
would
have
bceii
payable respectively
if
this section
11ad
not
hecn
enacted.
(7)
There shall
be
kept at
the
office
of
the
C'orpora-
tiou
a
register
of
the mortgages granted under this
section and
within
fourteen
C1L;~ys
after
the clate
of
any
such
mortgage
;in
ciitry shall be
niadc
in
the
register
-_
Poncr
to
of
niortgagcx
for
all
purpo,t.;.
(5)
Nothing in
this
section
contsiiid
104
*
8t
12
GEO.
5.1
Grirnsgy
Corporation
[Ch.
1xxvi.I
Act,
1921.
of
the number and date thereof and
of
the names
and
A.D.
1921.
descriptions of tlie parties thereto
as
stated in the deed
--
Every
such register shall
be
open
to public inspection
during office hours
at
%lie
said ofice without fee or
reward and
the
town
clerk
or
other the prson having
the custody
of
the
same refusing to a11ow such inspection
shall
be
liable
to
a
penalty
not
exceeding
five
pounds.
(8)
Any niortgagee
or
other
person entitled to
any
mortgage
granted
under
this section
inay
transfer liib
estate and interest therein to any other person by deed
duly stamped truly stating the consideration
arid
such
transfer
may
be
sccording
to thc form contained
in
the
Third Schedule to
this
Act
oi‘
to the like
effect.
(9)
There shall
be
kept
at
the
oifice
of tlie
Corpoia-
tion
a
register
of
ilie
irsnsfers
of
mortgages granted
under this section
and
within
thirty
days
after
the
date
of
every deed
of
transfer
If
cxecuted within
the
United
Kingdom
or
within
thirty
days
after its airival in the
United Kingdom if executed elsewhere the same shall
be
produced
to
the town clerk
who
shall
on
payiricmt of
a
sum not exceeding
fivc
shillings
cause
an
entry
to
be
made
in
such register
of
it6 date
aid
of
the
riailiei
aid
descripiions
of
the
parties
Lheretd
as
stated in
die
Jecd
of transfer
and
uriiii
sa&
entry
is
niiade
the C‘orpwation
shall not be
ill
any
manner responsible
to
the transferee.
(10)
On
tlie registration
of
any
tran.;fer
the>
transfeiee
his executors
or
aclniinkirators
shall
be
entitled
to
the
full beiiefit
of
tlie original
niortgagc:
;LI~
tlie
priiicipd
and interest
secured
thereby
mil
any
ir.ariaf
erce may in
like nianney Transfer his estate and interest
in
any
such
mortgage
arid
no
person
except the last trun,Jfel;w
his
executors
0:‘
administrators shall
be
entitlt-ci
to
release
or
hscharge
any such
niortgage
or any iiioney
seeur.ed
thereby.
(11)
If
thc town
clcrl;
wilfully
ncglmts
or
iefuser
to
make
in tAe
i’egisfer
any
entry
by
this
,ectioii
iwyiiiixd
to
be
made lie
biiall
be
lisblc
to
a
peridty
llot
csceetlilig
twenty
pounds.
17’g.-(
B)
Evcry
deed
of
traiisfcr
of
t~n~
111ortgiige
Provisions
of
the Corporation shall relate only
io
tlic
tranbfcr
and
as
to
trans-
sliall not contain any
recital
trust
pox
er.
or
1)~’ovi~o
fers
of
mortgages.
whatsoever.
(2)
The
dccd
of
transfer
mhen
tlid,v
cxccnted
uiid
stamped
slid1
be tlelivered
to
and
kept
by
the Corporation
105
of one hundred thousand pounds the C'orporation may
AB.
1921.
if they think
fit
discontinue
mch
yearly payments
lout
-
~
so
that if
Ghe
fund is at any time reduced the Corporation
shall recoiiiineiicc
md
continue
the
yen]-ly
psyriieut
until that fund
be
restored to
tlie
sum
of
one
humdred
thousand pounds
Provic!ed
that nothing in this
Ac
1
shall affect the
power
of the Corporation
to
insure
any
such buildings works
c2d
property against loss
or
ciainage
by
fire
in
any
public irisuraiice office in England and
if the ('orporation
so
inisurc any such buildings
works
and property
the
yc~nrly
sunis
paphle
to
tlie
5rc
insurance
fund
sha!l
during
the
conlinunnce
of any such insurancc
be
reduced
by
the
nniount
of
the premiilms payable in
respect of such insurance.
(3)
The
Corporation shall provide the yearly pay-
ments aforesaid
by
contribution< from
tlie
rents and
revenues of
the
hnds buildings
and
undertakings
or
from
the respective funds
or
rates
which
if
tiic
buildings
works
and
property
were
insured
in
a,
public insurance
officc
would be
properly
chnrgeahk
wit11
the
pyiuent of the
premium';
of
sueh
insurnnce
arid
if
tlierc
be
no
rents
or
revenue specially c1i:rgeablc
then
by
contrihutkns from
the
boroirgh fiirid
c2td
borough
rat?.
(4) Except
so
far
as
tlic
fire
iiisum,iice
fund
arid
the
proceeds of sale
cd
securitie:; in
which
that
fund is invmted
may
be
necessary
to
meet
Ios~es
front
(~r
in consequence
of fire
a11
nioncys
for
the
tinic being
stmcling
to
the
credit of
the
fire
irisuixncc. fund siiali
be
invested
in
statutory
wcurities and
tlie
interest
and
annual
procetds
arising from those securities
shall
he invested
and
sccurndated until the fund
anio~iits
to
the
sum
of
one
hiindrecl
thousand
po-~mds
and
when
and
so
long
as
the
fund
amounts to that
sum
thc
intercut
arid
annual
proceeds of
the
securities shall
be
carried
to
the credit
of
the
fund or funds mhich are properly applicable
as
tlie
Corporation
shall
from
time
to
time determine.
(5)
If
at
any time and fioni
time
to
time the fire
insurance fund
shall
be
insufficient
to
nmlte
good
any
loss
or
damage
sustained
by
the
Corporation
by
or
in
consequence of
fire
they
nisy
with the sanction of the
Minister of Hea,ltli
arid on
such
security
as
the Jlinister
may prescribe
borrow
at
intei-est urider
and
subject to
the provisions
of
this
Xcr,
such
sums
of
money
as
will
be
necessary
to
irialie up the deficiency.
107
A.D.
1921.
Paid
audi.
tors.
181.-(1)
The Corporation
may
if
they think
fit
establish
a
fund (hereinafter called
“
the insurance fund
”)
not exceeding
in
amount tlie
sum
of
fifteen thousand
pounds
and
shall
paj-
thereoiit such
sums
of iiioney
as
may becwmc due and
papnldc
by
tlic
Corporkation in
respect
of
any
liability to
pay
compcnsation nrising
on
the part
of
the Coipration under the
Eniployers’
Liability Act 1880
the
Worknien’s C‘onlpensation
Act
1906
or
any Act amending or extending tlmse Acts or
either
of
them
OT’
at
common law.
(2)
In tach year after
thc
c>stablishnient of thc
insurance fimd
the
Corporation shall
p~~y
into
tlia
t
fund
such
a
sum
as
they may tliinli
fit
but
n-heri
tliv
fund
shall
amount
to
the
RU~’
of fiftccn thousand pounds
the
Corporation shall discont iniw
siwl~
yea~ly payment5
so
however
that
if the
fluid
i!:
at
any
iiiiic
~editcecl
to
a
less
sum than fifteen thousand
poi~nc!,~
lhr
Corporation
may
recommence and continue the yearly payments until
the
fund
be
restored to the
sum
of fifteen thousand pounds.
(3)
The Corporation shall provide the yearly pay-
ments aforesaid
by
contributions
from
the
funcis and
rates out
of
which the conipensation
would
be
payable
and
in
such
proportions as tlie Corporation
may
deem
just.
(4)
Except
so
far
as
the insurance fund and
the
proceeds of
sde
of
securities in
which
that fund
is
invested
may be necessarg.
to
meet liabilities
arising
under
thc
Acts aforesaid
or
at
conmion
law
all moneys standing
to the credit of tlie insurance fund sldl be invested in
statutory securities and the interest and annual proceeds
arising from tliosc securities
shall
br
invested in the
like
securities and accumulated until the fund amount:: to
the
sum
of fifteen thousand pounds and when and
bo
long as the fund amounts to that suni the interest
and
annual proceeds of the securities
shall
be carried
to
the
credit of the funds and rates out of which tlie respective
payments
are
made
in
such
proportions
as
the Corporation
may deem just.
182.
The Corporation may from time
to
tinie
appoint and
pay
one
or
more members of the Institute
of
Chartered Accountants
or
of tlie Society of Incor-
porated Accountants and Auditors to act
as
auditor
or
auditors of the accounts
of
the Corporation in such
manner
as
the Corporation direct in addition
to
the
108
PART
XIX.
[Ch.
lxxvi.]
Grimsby
Corporalion
[ll
Bt
12
GEO.
5.1
Act,
1921.
Part
XI
(Tiifections
and
Contagious Diseases)
Part
XIT.
(Sen-cxrs
aiid Drains)
or
Part
XIV.
(Yerniinou,3
Houses
aiid
Persons) of this
Act
or
under
aiiy
byelaw
made
there-
under
tlicii aftcr notice of this provirion shall have been
0
Given
by
tlic owiier
to
tlic
occnpier
any
court
of
summary
jurisdiction 11pon proof
thereof
may
make
ai1
order in
writing rcqiiiriiig the occupier
to
perniit the
ownei’
to
execllte
the
~r~~rks
rcqilired
by
the
Corporation
to bcl
done
and
if
after
ilie
c>xpiratioii
of
seven
clap
from
the
servicc
of
such
order
the occupier
shall
contiiiue to
refuse
to
permit
the owner to execute the said works
he
shall
for
erpry
day during which
lie
shall
so
continue
to
refuse
be
liable
to
a
penalty not) exceeding
tn-o
pounds
and
duriiig tlic coiitiiiiiaiice
cf
his
refiisal
the
omizer
shall
he
discharged
from
aii~
penalties to -ct.hicli
he
might other-
wise
haw
become
liable
hy
reaion
of
his
default
in
executing
such
works.
A.D.
1921.
204.-(
1)
Wliere
any
iiotice
or
demand
under
any
Autlmtic-
eiiactnieiit,
k)ycIaw
or
regulation for t!ic time being in
ation
and
service
of
force
witEiiii the borough rcquires autlieiiticatioii
by
the
kc
Corporation
tlic
higi:ature
of
tlie
town
clerk
or otlicr
dnly
authorised
officer
of
tlie Corporation shall be sufficient
authentication.
(2)
Kotices
denlands orders
and
other docunients
required
or
suthorisect
to
be
served
under
aiiy
such
enactment byelaw
or
regulatioii
may
be
served
in the
saint>
niaimer
as
notices
under
tlie
are
by
section
267
(Services
ol
notices) of thatl Act,
authorised
to
be
served
:
Provided
that
in
the case of aiiy company any such
no1
ice demand
order
or
dccnnient shall be delivered
or
sent
by
pobt
addr
eci
to
the
secretary
of
the
coniyany
at
their registercd
o6ec
or
at tlieir priiicipl
ofice
or
place
of
business.
285.
Save
as
otherwise expressly provided all
Recovery
offences agaiiii;t this Act
aiid
the former Acts and all
of
pellal-
fines
forfeitures 1)eiiaItics cobts
aiic~
expenses
iniposed
or
ties
recoverable thereunder
or
under
any
byeiaw
made
in
pursuancc
thereof
may
be prosecuted
and
recovered in
a
aurnniasy
manlier
Providecl that costs aiid expenses
except
such
as
are recoverable along with
a
fine
shall
nott
be
recovered
as
pemlties
but
may
be
recovered
suni-
marily
as
civil
debts.
I
115
[Ch.
Ixxv~.]
G~inzsby Corporation
[1I
Pt
12
GEO.
5.1
Act,
1921.
AD.
1921.
206.
Proceedings
for
the recovery of any demand
niade under the authority
of
this Act or
the
former Acts
Rrcm
crj
of
tlci~ands
in
whether provision is or is not ninde
for
the recovery in
c0untJ
any specified court or manner niay be taken in any county
cwrt
court otherwise having jurisdiction in the
niattcr.
pro-
vided that the demand
docs
not
excccd
tlic
aiiiount
recoverable in that court in
a
personal action.
Tiifonria-
207.
Save
as
lierein expressly provided
all
infornirt-
tion.;
b~
tions and coniplaints under
or
for
tlie
brcacln of
any
of
''hO1ll
to
I)''
the provisions
of
this Act or tlic former Acts
may
be
laid
.
laid and made by any officer
of
the Corporation duly
authorised in that
behalf
or
by the town clerk
or
by
any police officer acting for or within the borougli.
Saving
for
208.
Nothing in this Act sliall protect
any
person
indihllfnts
from being proceeded against
by
~vay
of
indidment
in
R.C.
respect
of
any matter
by
tliis
Act
made
punishable
on
summary proceedings
or
shall
relieve
any
person
in
respect of any such matter
from
any penal or other
consequence to which he would have been liable if such
matter had not been niade punisliable by this Act
Provided that nothing in this Act shall
make
a
person
liable to be punished more than once for the
same
offence.
,Jndges
not
209.
A
judge of any court or
a
justice shall not be
fW11alificd.
disqualified froni acting in tlie execution of any enact-
ment
€or
the
time
being in force within the borough by
reason
of
his being liable
to
any rate
or
by
reason
of
his
being a member
of
the council.
Powers
of
210.
All powers rights and remedies given
to
the
Act
Corporation by this Act
shall
(except where otherwise
cnniulativc.
expressly provided) be deemed to be in addition to
and
not
in derogation of any
other
powers rights
or
remedies
conferred on them or
on
any conmiittee appointed
by
them by Act of Parliament charter law or custom and
the
Corporation
or
such committee
as
the case
may
be
may
exercise such other powers and shall be entitled
to
such
other rights and remedies
as
if
this Act
had
not
been passed Provided that
no
person shall incur more
than one fine (other than
a
dailj7
fine
for
a
continuing
offence) for the commission
of
tlie same offence.
For
further
211.
For
the protection of the Great Northern
I)rotection
Railway Company (hereinafter referred
to
as
''
the
of
Great
-_-
116
company
”)
the foUowing provisions shall have effect
A
I)
1~1.
(that
is
to
say)
:-
__
Notwithstarding anything contained in this Act or
~~
Xort
hcm
shown on the deposited plans the Corporation
~omI~al,y,
sliall
not
untlcr
the powers
of
Lliis Act-
(A)
(‘onstruct the Works
Nos.
1
and
2
shown
on the said plans
or
so
niucli
of
the traniway
No.
2
shwn
on
the said plans
as
is situate
between
the
commencement
of
that tramway
;is
so
shown
and the junction of Weelsby Road
with Wainton Avenue or zny
or
either of the
said
works
or
portion of tramway; or
(B)
Enter upon take
or
use any lands
of
the
company for
the
purposes thereof.
212.
Nothing in this Act affects prejudicially any
Cronn
estate right power privilege or exemption of the Crown
right\
and in particular nothing lierein contained authorises
the Corporation to take use or in any manner interfere
with any portion of the shore or bed of t,he sea or of any
river channel creek bay or estuary or any land heredita-
ments subjects or rights of whatsoever description
belonging to His Najesty in right of His Crown and
under the management
of
the Commissioners
of
Woods
or of the Board
of
Trade respectively without the consent
in
writing
of
the Commissioners
of
Woods or the Board
of
Trade
as
the
case may be on behalf of His Majesty
first
had
and obtained for that purpose which consent
the said (’ommissioners and Board are hereby respectively
authorised to give.
and
of
and incidental to the preparing applying for
obtaining and passing of this Act as taxed and ascertained
by the Taxing Officer of the House of Lords or
of
the
House of Commons sliall be
paid
by the Corporation out
of the borough fund or such other funds and revenues and
in such proportions as the Corporation may by resolution
determine
or
out
of
money to be borrowed under this
Act for that purpose.
2
13.
The costs charges and expenses preliminary to
Costs
of
kt
12
117
THE
NRST
SC"EI)Ul,E.
THE
SECOND
SCHEDULE.
S.D.
1'321.
I)ESCRTPTION
OF
PROPERTIES
OF
WHIClf PORTIONS
ONLY
~IAY
BE
ACQUIRED
BY
THE
CORPORATION.
THE
THIRD
SCHEDULE.
FORM
OF
MORTGAGE.
c'OCS'l'\
hROI-GH
OB'
C~RlJISI3I'
By
\
irtiie
of
the Grintshy ('orporation
Act
lY2I
and
of
other
tlirir
powers
in
that
belmlf
them enai~ling
tliv
ma>
or
aldernien
and burgesses
of
the
county Iiorougli of GrirnslJ> (lirreiiiafter
referred to
ad
"
the ('orporation
*')
iii
consideration of
the
sum
of
pounds (hereinafter referred to
as
('
tlic principal
sum
")
paid
to
the treasurer
of
the
borough
by
(hereinafter referred
to
as
'.
the mortgagee
")
do hereby grant and assign unto
the
mortgagee
(his)
executors
ttdministratora and assigns
such
proportion
of
tlic
revenues
of
the
Corporation in the said
Act
defined
as
the principal
sun]
cloth
or
shall hear to the whole sum which is
or
shall
be charged on the
said revenues
To
hold unto tlie mortgagee (his) executors
administrators
and
ahsigns from the
day
of
tlie clate of these
piesents until the principal
sum
dial1
be
fully paid and satisfied
with interest for the
same
(subject,
as liereinafter
provided)
at
the rate of per centurn per annum
from
the
day
of
one
thousand
nine hundred and until payment
of
the principal
sum
such interest
to
be
paid
half-ycarly on the
of
alld
tl1e day
of
day
119
[Ch.
lxxvi.]
Grimby
C'o~pomtion
[11
&
12
GEO,
3.1
Act,
1921.
A.D.
3921.
in each year And
it
is
hereby agreed that the principal
sum
shall
bc
repaid
at the
ofiice
of the treasurer of the said
boroiigli
I_
(subject
as
hereinafter
provided)
on
ttir
day
of
one thousand nine
huiidred
arid
Provided
always
mid
it
is
herehy
agreed
and declared
that
the ~)efore-rrientionetl time for
rrjxiynient
ma\-
be
cxteridccl
to
sach
subsequelit
day
or
days
and
upon
any
such
extension
the
before-mriitionecl rate
of
interest ma,y
he
dteretl
to
such
other
rate
or
rates
of
interest
slid
from
tirnc,
to
time
he
aprecd
upon
between
the
('orpor:Ltion and tlie mortgagee
and
mentioned
in
an
eridorsernent
to
be
nmle
liereoil under
the
hand
of
the
town clerk of
tlie
borough
for the tinic king
and
that
upon
any
such
endorsement being
madc
whetlier relating
to
exterision
of
time only
or
to extenuion
of
time
with
alteration of
rate
of interest
the
provisions
thereof shall
be
iricorporated herewith
and
shall
operate and
take
effect as though they
had
heen originally
inserted herein.
In
witness whereof
the
Corporation
have
caused their
corporate
mal
to
be
hereunto
nifixetl
this
day
of
one
tliouaand nine hundred
and
Toion
Clelk.
.7
[HE
END0KSEMEX.l.
\\
WHIX
RX.FEHREl>
TO.
The
within-named
consenting
the
within-riieritioiied time for repayment
of
tlic
within-mentioned principal 8um
of
is
hereby extended
to
the
day
of
one thousand nine hundred
and
interest to
he
paid
thereon on
and
from
the
day of
of
per
centurn
per annum].
one
thousanti
iiiiic hullclred
and
[
aiicl
ttic
one thousand
nine
hundred
and
is
hereby declared
to
be at the rate
Dated
this day
of
FORX
OF
TRAXSFER
OF
Jloamacir.
1
(the
within-named) (of
)
in
consideration
of
tlie
sum
of
of
(hereinafter referred
to
as
"
the transferee
")
do
hereby transfer to the transferee (his)
executors adminiutrmtor,:
ancl
w#ign?i
(tlic
within-written security)
(the mortgage nnmber of the revenues
of
the
pounds
paid to me
by
120
To continue reading
Request your trial