Halifax Corporation Act 1920
Jurisdiction | UK Non-devolved |
Citation | 1920 c. lxxvi |
Year | 1920 |
CHAPTER
lxxvi.
An Act
to
empower the Corporation
of
Halifax
to
A.D.
im.
__
construct additional tramways street widenings
and
improvements and
to
confer further powers with
respect
to
their electricity and
gas
undertakings and
for the consolidation
of
the local rates and for other
purposes.
[4th
August
1920.1
HERE
IS
the county borougli
of
Halifax
iii
the west
riding
of
the county
of
York
(hereinafter in this Act
referred
to
as
“
the borough
”)
is
a
municipal 1)oroiigli under the
government
of
the mayor aldermen anti burgesses thereol (in
this Act referred to
as
“
the
Corporrttioii
”)
:
,hl
whereas extensive
powers
with
regard to
the
supply
of
electricity
gas
and
water the coiistructioii
of
tramways
and
with
regard
to the improvement and gorerninent
of
the borough
ha\-e
been conferred upon the
Corporatioil
by
the
Acts
and Orders
specified in the First Schedule
to
this Act:
Ancl
whereas the Corporation
haw
under
the authority
of
I’arliameiit coiistructed and
are
working tramways within
ancl
lwyond
the
borough
and
it is expedieilt that the Corporation
sliould
be
empowered to coiistruct and maintain the additional
traiiii~a~-s
in
this
Act
ctescrilned
and
to
work the same
by
mechanical
power
:
And wheyeas
it
is
expedieiit that the Corporation sliould
be
;tnthorised to
make
and lilttiiitain the street improvements
;tnd
works
in this Act authorised
aiicl
to
acquire lands
for
the
p1irposes thereof
:
.\lid
whereas under the ItIalifas
Corporation
llllectric Ligliting
Order
1592
the
Corporation are the uiiclertakers
for
supplying
dectrical energy mithiii
the I)orougli
aut1
it
is
expeclieiit
that
[Price
28.
9d,
Neet,;
A
1
[
Ch.
lxxvi.]
Hdifax
C'orpoiwtioit
Act,
1920.
[lo
&
11
GEO.
3.1
AD.
1wo.
further powers be conferred upon them in conriexion with the
electricity undertaking
:
And
wheress
the Corporation have under the authority
oE
Parliament constructed gasiverks and are supplying
gas
within
the borough
and
adjoining districts and it is expedientl that
further
powers
be
conferred
upon
them in connexion with the
gas under taking
:
And
wlieress
all
the expenses of the Corporation whether as
a
municipal
or
sanitary authority or otherwise are payable out
of
the borough fund and borough rate or out of the district
funcl and general
or
special district rate
of
the borough subject
to provisions
for
differential rating in certain cases
:
And wliereas
it
is
expedient that
all
the said expenses
of
the Corporation slioulcl
be
defrayed out
of
the borough fund and
bgrough rate
:
And whereas
it;
i?
expedient that the l~~ougli rate shoultl
he:
levied liy the t')*y3vxs
of
the poor
of
the parish
ol
Halifax
(which parish
is
coterminouj with the Itorough)
as
part,
of
the
poor
rate for such parish and that in relation thereto the
proviuions contained in this Act
for
difl'erential rating in certain
cases be enacted in lieu
of
the existing provisions for differential
rating
:
And whereas estimates have
heen
prepared
by
the Corporation
in relation to the following purposes and such estimates are
its
fO11OT1.S
:-
For the purposes
of
their tramway undertaking seventy-seven
FOP street improvements and works thirty-three thousand
.hid
whereas the several
works
and pwposes inr~ntionetl
in such estimates are permanent
works
within the meaning of
section
234
of
the Public Health
act
1876:
And whereas
it
is expedient that the Corporation
should
lie
authorised to raise moneys for the purposes aforesaid:
-lnd whereas estimates have been prepared of the cost
of
constructing the street improvements which are to be executed
by the Hebden Bridge Urban District Council in pursuance
of
the agreement bet ween the Corporation and that eouncil
as
scheduled
to
this Act and the amount thereoi
is
eleven thousand
me
liuiidred
ancl
thirty-eight pounds
aiid
it is expedient
to
I
thousand nine hundred and fifty pounds
;
seren
hwidred
and twenty-fi~e
pounds
:
2
empower the €€elden
Bridge
Urbm
Llistrict Council
to
boi*row
A.D.
1920.
that
sum:
,\nil
mheiwxs
phiis
ant1
sections showing
the
lines
and
levels
of
tlic
works
authorised
ly
this
Act
and
plans
of
the lsncls
I\
hieh
tlie
Corpon~tion
Inay
ttcqiiire
under thi.; >\et
anti
a
holi
oC
referei~c~
to
si~h
I)litilr
contaiiiing the
names
~f
the owners
aiifl
lessees
or
repiited
owners
and lessees ancl
of
the occupiers
of
thc.
laiitlh
rqiiiiwl
ant1
~vlikli
inay
l)e
takeii
under the
powers
of‘
this
Act
liil\e
been
tlepositetl with
the
clerk
of
the
peace
for
tlic.
vrst
riding
of
thc
wiinty
of
York
11
hich
plans
sections
ancl
1)ook
of
referelice
are
iii
illis
,kt
respectively referred to
as
t
11th
tlepositrtl
plans
set:tioii.;
atid
book
of
refereiice
:
-1
Id
wliercw
tlie
objects aforesaid caiiiiot
be
effected without
1
Ilit
itt1thorit;v
of
Parlisnient
:
in
rthtion to tlie promotion
of
the
Bill
for
tiii, .\ct the reqnirements
of
tlie Horougli
Funds
Acts
1872
a,!i
1903
ha~e
heen obswved
ant1
the approval
of
the
Minister
of
Iltdtli has lieen obtained
:
--
3lay
it therefore
pleascl
Your
Majesty
that
it
may
1)r
cwtcted
;\II
i
1rv
it
ciiactetl
1)s
the
King’s
most
Excellent Majesty
by
and
I\
it11
ttw
a~11-k~
alii1
consent
of
tlie
Lords
Spiritual
ancl
Temporal
;urct
Commons
in
this present Parliament assenililed and
by
the
aitflioritj-
of
the
mne
as
follow
(that is to
say)
:---
PART
I.
PRELIMIS
ARY.
l~
‘l’liis ,\ct
may
be
cited
for
all
purposes
as
tlie Halifax
Slmt
title.
C
()iyt
wa
tioii
dc
t
19
2
0.
2.
This
-1~t
is
tlivitled
into
I’arts
as
follows
:-
Act
,lit
iileil
into
1’:irtq.
hrt
I.-Prelii
i
iiiiary.
Part
1
T.-Tramways.
Part
I
TI.
--Street
works.
Part
I
V.
-Lands.
I’nrt V.-Electricity.
Part.
V
I
.-
Gas.
l’ar
t
\-II.
--Ita
t
ing
.
Part
1-
I
I
I
.--fi’iiia
lice.
Part
IX.-~Iiscellaneous.
A2
3
[
Ch.
lxxvi.]
EaZijaz
Coyporatiou
Aci,
1920.
[IO
&
11
GEO.
5.1
8.1).
1920.
3.
The following Acts and parts
of
Acts
(so
far
as
the same
pr(,vi.ic,,,.
are applicable for the purposes
md
arc not inconsistent
with
-_
of
ceifsill
iucoqmrnted.
(namely)
:-
the provisions
of
this Act) are hereby incorporated with this Act
geiieml
Acts
The
Lands
Clauses
,Icts
with the following exceptions and
(A)
Section
167
of
the Lands Clauses Consolidation
Sct
1845
(relating to the sale
of
superfluous lands) is
not incorporated with this Act
;
(B)
The bond required by section
85
of
the
Lands
Clauses Consolidation
Act
1815
shall be under the cor-
porate seal
of
the Corporation
and
shall be sufficient
without the addition
of
the
sureties mentioned in that
section
:
modifications
:--
Section
3
(Interpretation
of
terms) section
19
(Local antho-
rity
may
lease
or
take tolls) and
Parts
11.
and
111.
of the
rl’ramways Act
1870.
In
terpre-
4.
In
this Act unless the subject or context otherwise
tatioii.
requires-
“
The borough
”
means the borough
of
Halifax
;
“
The
Corporation
”
means the
niaxor
aldermen and burgesses
of
the borough
;
“
The town clerk
”
and
“
the treasurer
”
mean respectively
the town clerk
and
the treasurer for the borough
and
respectively include any person duly authorised to dis-
charge temporarily the duties
of
those offices
;
“
The borough fund
”
and
“
borough rate
”
mean respectively
the horongli fund. and borough rate
of
the borough;
“
‘l’he
district
fiintl
”
and
“
the general district rate
”
or
special district rate
”
mean respectively the general
district
fund
ant1
the
general district rate
or
any special
district
rate.
of
the borough;
“The county” nieans the
west
riding
of
the county
of
York
;
Yhe
county council
”
means the county couricil
of
the
county
;
6c
cc
r
“
The parish
”
means the parish
of
Halifax
;
.‘
‘Phe
overseers
”
xneaiis
the overseers
of
the parish
;
I
“Tlie
poor
rate
”
means
tlie
poor
rate of the parish;
A.D.
1‘320.
-_
L(
r
i
lhc
tramways
”
inemis
the
trsmirays
1)s
this Act
aut horisetl
;
lhe
Corporation tramways
”
includes the trainways nutho-
rised
by
this Act :tnd
dl
trmiivays ant1 tminrouds
for
the time beiiig belonging to or leased
or
worlied
by
the Corporation
ancl
incl~~des
ail37
i-ehicles
moved
by
iiiechanical pow
er
transmit
tetl
to
sucli
T-eliicles
f
roni
soine external
source
;
Statutory borrowing power
”
has
the same meaning
as
that assigned to
it
by
the
Act
of
1900;
Statutory security
”
has
the same meaning
as
that assigned
to it
by
tlie Act
of
1900;
“
Kwenrtes
of
the
Corporation
”
iiiclutlcs
the
rez-ennes
of
tlir Corporation
froni
time
to
tinie
nrisiiig
from
any
land undertakings
or
other
property for the
tiiiie
being
of
tlie Corporation ancl rates levirthle
1)y
or
on the
precept
of
the Corporatioil
;
“
The tribunal
”
nieaiis
thc
tribunal to
whom
any question
of
disputed
purchase
inoney
or
compensation
under
this
Act
is
referred
in
pursuance
of
the Acquisition
of
Laid
(Assessment
of
Compensation)
Act
1919
;
“
The Corporation
Acts
and Orders
”
meaiis
the
unrepealed
provisions
of
the local Acts specified in the First
Schedule
to this Act and the
Provisional
Orclers
relating
to the
lmoiigh
confirmed
by
the
Acts
also specifiecl in
tlie
same schedule
(each
of
mliich Acts
and
Orders is
separately referred to
as
the Act or Order
of
the
year
in iihicli
it
was
passed
or
confirmed)
and
this
Act;
Words
and
expressions to which meanings are assigned in
enactments incorporated
with
this Act have in this
Act
the same respective meanings unlcss there
be
soniething in the
subject
or
context repugnant to such
coiistruction.
66
r
1
LL
$
<<
I’ART
11.
ri
LIlAlun-AYS.
5.
Subject
to tlie provisions
of
this ,4ct the Corporation
Power
to
may
make forni
lax
tloun
work
use and
~~iaintain
the tram-
wa!
b.
ways
hereindter
tlescrilwtl
in
the
lines
iiiitl
:tc*cording
to
the
levels slioi\n
on
the
depoqitecl plans
and
sec.tiolis
and
in
all
a
A
3
3
A.I).
I
:j2o.
respects in accortlance with tliose pl:tn~
and
sections with
all
proper
rails
1)latt.s
s1eepei.s chaiinels jiiiictions tiu.iital,les
turn-
outs crossings p~~ssinq-pk~ees trimigles n-aitiiig-rooms stahlw
carriage-houses engine-honscs
\rat
ionh Jieds lmildings
I\
oyks
aiid
conveiiieiices
coniiec
ted
tlierewith
(thrtt
is to
say)
:-
Trmi\\-tty
KO.
2
(i
furlongs
ik
chains
in
length
~.Iiercof
1.
furlongs
G
chains will
be
single line
arid
1
furlong
8
chains will
lx
tloul)le line
wlioll~
situate
in
the
itrbati
district
of
Hellden Uridge commenciiig
by
a
junction witli
the existing traiiin-ay in
Kern
Iioatl
passiiig thence along
Se\\
Road
Test
Untl JEarket Street J3ritlge
Street
Tliv
Lanes Baillifoot Hill
anti
King Street
ant1
teriiiiii;tting
in Ihg Street
at
the
bouiidary
1)ctween
the
urhaii
district
of
Hehtien Bridge and parish
of
13laclisl~aw
iii
the rural
district
oe
Todiiiortlen
:
rPraiiirvay
KO.
3
(j
Rtrlongs
9’6
chains in length
wliereof
6
furlongs
7.
6
chains will
be
single line and
1
furlong
2
chains
will
lw
double line situate partly
in
the parish
of
Bl:l~ksliti\\.
ant1
partly in the parish
of
Erringden
both in
the
rural district
of
Toclmortlen
coiiimenciiig
liy
a
jiuictioii with
Traiiiivay
KO.
2
in
King
Street
:it
tlie
1)oundary between the
parish
of
BlacBslia~v
and
the url~an
tlistrict
of
Hebdeii Bridge passing thence along Burnlcy
1:
oat1
and terminating in Burnley
lioad
iu
the
parish
of
Blackshaw
at
its boundary 151th the
llorough
of
Todinorden
:
’llrainway
KO.
4
double line
4
furlongs
and
1
cliaiii
in
length wholly situate
in
the borough coiniiieiicing
by
a
junction with the existing traniwq- in Hiiddersfield
Road
at
a
point
80
yards
south
of
tlie south sick
of
West-
bourne
Grove
passing
tlieiice
alo11g
f€uddersfield Road
ailcl
Dud\\-ell
Lane
aiid
teriiiinating in Uud\\dl
Lane
at
its junction with Sliircoat
Green
lZoltd
by
a
junction
v
ith
l’rnniuay
KO.
4
autliorisetl
1)~
flip
-let
of
1911
:
-
__
l’rovided
that
50
mitcli
of
tlir
wit1
‘hiiiway
No.
2
as
is to be
laid under the viatlrict
c:trrj-ing
the
rianc:tshire
and
Yorkshire
Railway over the
‘rod
niorcleii
ant1
Halilax iliain
road
shall be
constructed
in
such
position
in
the
road
and
ill such inanner as
the Minister
of
Transport
may
direct
or
approve.
Period
for
complet
ion
of
works.
6.
Traiii\\-ajs
KO.;.
2
:tiid
3
sh;ill
he
complet~ti
\\
i(1iiii
three
years
from
the
passing
of
tliia Act
and
Tramway
A-o.
4
sliall
be
6
[IO
&
11
GSO.
5.3
~u~i~bx
~~o~yomtio12
Act,
1920.
[Ch.
Pxxvi.]
completed within five years
from
the passing of this Act and
AD.
!
on the expiration
of
those respective periods the powers by this
Act granted to tlie Corporation for executing the same or other-
wise in relation thereto shall cease except as
to
so
inuch thereof
as shall then be completed Provided that tlie Minister
of
Trans-
port
shall
be
empowered
to
extend the said respective periods
or
any of them if he thinks
fit.
7.
The following sections
of
the following Acts and Order
-ipplq'iug
shall
so
far as the sanie are applicable in that behalf
ancl
are
~+?~~,~~
$('-
not inconsistent with the provisions of this
Act
extend and
iorai
xct.
apply niiittttis mutandis to
and
in relation to the tramways or
:Illt'
Older
tramway works
by
this Act authorised
:-
to
t1:111>\\
ags.
Of the Act
of
1897-
Section
7
(Inspection by Board of Trade);
Section
8
Section
9
(Provisions as to construction of tramways)
;
Section
11
(As
to rails
of
tramways);
Section
12
(Penalty for not maintaining rails and roads)
;
Section
13
(Passing-places to be constructed where less
than
a
certain width left between footway
and tramway)
;
Section
15
(Temporary tramways niay be
inade
where
necessary)
;
Section
21
(Passengers' luggage)
;
Section
22
(Animals
goods
ac.);
Section
23
Section
24
(Corporation not bound
to
carry animals
Section
23
Section
27
Section
29
(Xotive power)
;
Section
30
(Yenalty
for
using mechanical power con-
Section
31
(Definition
of
mechanical power and
power
Section
32
(TramwrsLys to be
kept
on
level
of
surface
of
road)
;
(Traffic upon tramways)
;
goods
&e.);
(Heavy traffic confined
to
eertain hours)
;
(Payment of tolls)
;
trary
to
Act
or
regulations);
to
generate electricity)
;
(Restrictions
on
use
of
electric
power);
A4
7
A.1).
1920.
Section
38
Section
34
Section
3(i
--
Sectiou
37
Sectioii
58
Sectioii
39
Section
40
Section
41
Section
42
Section
49
Section
50
Section
51
(Power to acquire patent rights)
;
(Hyelaiva by Hoard
of
Trade)
;
(Ameiiclment
of
the Tramways Act
lS70
its
(Orclers and
l)yelan.s
to
be
signed
kc.)
;
(Railway
carriages
not
to
lte
used
on
tram-
(Corporatioii may use tramways for sanitary
(l'rovisions
as
to
arbitration)
;
(Form and delivery
of
notices)
;
(Prohibiting the raising
of
fares
on
Sundays
(Application
of
revenue)
;
(Provision in case
of
deficiency
of
revenue
of
(Provision
as
to
general 'l'rainn-ay Acts)
:
to
byelaws
ljy
local iluthority)
;
ways)
;
purposes)
;
and holidays)
;
tramways undertaking)
;
Of
the Order
of
1809---
Section
9
(Meclianical power works to be subject to
Of
the Act
of
1900-
Section
85
Section
86
(Power to Corporatioii to
work
tramways or
Section
S9
(Application of
road
materials excavated in
Section
90
(Attachmciit
of
brackets
to
buildings)
;
tramroads)
;
construction
of
works)
;
(Cheap fares
for
labouring
classes)
:
Of
the
Act
of
1902-
Section
30
(For protection of
company
of
proprietors
Section
31
Section
32
(For
protection
of
l'ostmaster-Ceiier~tl)
;
.
Section
37
(Tramway waiting-rooms)
;
Section
38
(Power to enforce queue system on
tram-
ways)
:
of
Calcler
ancl
Holhle Kavigation)
;
(YOY
proteclioii
of
colunty council)
;
8
Of
tile
-Ict
of
1905
-
i.11.
1920.
_-
-
Section
2%
(
L’on-er
to
inalir
i~dditioiial
crossoF
ers and to
Section
(l’o\ver
to lay
ant1
iiiaiiitain pipes
mid
make
Scctioii
dL
(l’on-er
to
place
posts
\\ires
kc.)
;
Section
2.;
(Stopping
of
I’W~S
diwiiig execution
of
9ection
%7
Section
29
t1ottl)le
t
r;tiiitt-q~
liiieh)
;
opriiiiigs
iii
streets)
;
\rorlis)
;
(A,
to removal
of
s11ow
&c.)
;
(Penalty
for
malicious tlaiiiage)
:
Of
the ,Ict
of
1911-
Section
6
(Gauge
of‘
tr:~niwq~s
mid
width
of
carriages)
;
Section
10
Section
12
(For protection
of
west
riding county
Section
21
(Use
of
trsniway
posts
hy
Postniaster-
(For
protection
of
War Department)
;
council)
;
General)
:
Of
the Act of
1915-
Section
11
(Through cars)
;
Section
12
(Attachment
of
signs indicating stoppicg-
places to lamp-posts
&c.)
;
Section
13
(Posts are not to
lx
iLset1
for
advertisements)
;
Section
18
(Shelters
or
waiting-rooms)
;
rtnd
Section
19
(Lopping of trees overliaiigiiig trolley vehicle
and tramway routes)
:
Provided that
no
post
or
other apparatus shall
be
erected
on the carriageway except, with the consent
of
the Minister
of
Transport.
8.
The tramways shall subject to the provisions
of
this
Tramways
to
Act
lie deemed
for
all
purposes part
of
the tramway undertaking
tramway
un-
9.
The Corporation
iiiay
iron1
the to time alter the gauge
Alteration
of
be
part
of
of
the Corporation.
dertaking
of
Corporation.
of
any
of
the Corporation tramways to such other gauge as the
g:l“ge
Of
ltinjster
of
Transport
mar
approi-e
(but
so
that in no case
tra,nwavs.
shall the
gauge
exceed four feet eight-and-a-half inches) and
for
that
purpose may lay a third rail
or
may take up
and
Corporation
9
[Ch.
lxxvi.]
&l~kc
C~OT~OIV~~OIL
Act,
I'i120.
[lo
YL
11
GEO.
5.1
~1).
1920.
remove all or
some
or
tlie existing rails plates and apparatus
and
other works
of
or
caouiiectetl with any
01
the Corporation
tramways and may relay tlie
same
or others in lieu thereof and
inay
execute
all
sidi
works
itlltl
exercise all SLich
po~ors
as 11iay
be
necesbary
or
expetlielit for carrying out such alteration
:
Provided always
that!
if
in
the construction of any works
iuitler
this section
ij11y
rail
is
intc:iitled
to
1)e
so
laid
that for
a
distance
of
thirty
Fwt
or
upnxrtla
:t
less
spuc*e
than nine feet
six
inches ~\oulcl intervene between
it
and
the outside
of
the
footpath
on
either side
of
tlie
road the Corporation shall not
less than one nioiith before comniencing the works give notice
in writing
to
every owner ant1 occupier of the houses shops
OF
warehouses abutting
011
the place
where
such
less
space would
iizteryene aid such rail shall not (except Tl-ith 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
undey their liaiicls adclressecl
aid
delivered to the Corporation
within three weelis after receiving tlie notice from
tlie
Corpora-
tion express their objection thereto
:
Provided also that tlie provisions of section
21
(For
protection
of railway companies) of the Act
of
1911 shall
so
far
as
appli-
cable be olJserved and hare
effect
in relation
to
the exercise
of
the powers contained in this section:
Provided further that before making any application under
the provisions of this section for the approval
of
the Minister
of Transport the Corporation shall give notice in writing of their
proposals to the local authority
of
every district in which any
tramway
tlie
gauge of which
it
is
proposed to alter is situate
and
if
any
ohjection shall lie made liy any such authority the
JTinister
of
Transport
inay
direct-
an
inquiry
to
he
held
under
the
pi*ovisions
of
section
20
of
tile Ministry
1919.
As
to
carrx-
10.
Wotwitlistancling
any
restrictions in any previous Act
or otherwise relating
to
the Corporation hut subject to the con-
ing
merchau-
&se
traffic
&c.
011
tram-
sent of tlie Xinistev of Transport
the
Corporation may carry
ways.
merchandise traffic and animals
on
the Corporation tramways
ancl
may
deniaiid and takc therefor such
rates
and charges
as
the Minister
of
Transport
may
from tinic to time prescribe
Provided that the Minister
shall
not give any consent under
this section without considering any objections which
may
be
y;iisecl by the Great Northern and TAancasliire
and
Yorkshire
itailway Coiizyanies
or
either
of
them.
-
10
12.
'l'lie
pv~iotl
pimerilwl
I)?
thr
Aid
o
I'
101
:i
lor
tlit:
Iq:\ttJii+)ii
of
tram\+:iya
iuitliori~ed
by
Act
of
1915.
completion
of
t~ir
trniiiuxys
autIiorisec1
11)
tliat
Alet
is
1irYel)y
~,~~~l,~~~i~)ll
extended
until the
tu
eiity-fourth
(lay
of
Jrtiie
1922
and
the
said
Act
sliall
be
read
and
have
eiTect
iLccorcliiigly.
13.
Seetioil
20
(Kate.;
for passenqers)
OF
tlie
_let
of
1897
Rates
for
pasmigera.
is
1ierel)y
repealed ttiirl the Corporation
iiiay
tleiiiaxid
ad take
for
every
psseiiger
ti'n\-elling
upon
tlw
Corporation trairiways
or
any
part
or
parts
tliereof'
incliding
e1-r~~
espen.se
incidental
to
sucli
conveyance
anj-
rates
or
cliitrges
riot
esceetling
twopence
liev
mile
ancl
in conipiitiiig the said
Yates
mitl
t*h;irges the fraction
of
it
mile sliall l)e
cireiiietl
a
niilr.
14.
If
at
IU~Y
time
after
three
~~rs
fr011i
tlle
tiatt:
of
tlie
Ke\i,ioii
of
passing
of
this
Act
or
after
tliret:
yrars
froni
the
(late
of
any
rates
a~ld
order
made
in pursuance
of
this section in
re\pect
of
the
trani-
ways
or
any portion thei*eoF it
is
represented
ill writing to the
Minister
of
Transport
by
the
local
aritliority
of
my
district
in
which
tlie
tramways
or
siicli
portiou
itre
or
is
wliolly
or
partly
situate
or
by
twenty inha>bit:tnt ratepayers
of
that
didrict
or hy
the Corporation that under
the
circunirtaiict~i
tliru
existing all
or
any
oE
tlir
rates
or
other
cliargrs
cleinaiitlc~l
:tiid
talien
in
respect
of
tlie
traffic
on the ti*;tmw:iys
or
on
sucli
portion
slioultl
be
revised the Minister
of
'I'r:uisport
iri;iy
(if
lie
thi:iIis
lit)
direct
an
inquiry
in
accordance
vitli
the
pro-\-isioiis
ol'
tlie
lririistrg
of
Transport
let
1919
and
if'
after
such
inquiq-
it
-1i;~ll
appeaim
to
the
Minister
of
Transport
that
dl
:x
aiiy of
the
i'
or
charges
slioultl
be
rei
isetl
tlie JIii1isrc.r
ilia3
by
ortlcr
iii
writing
under
the
had
of
titi
assist
wit
sec~ettti'y
05
tiw
3Liiiistrg
alter
modify
duce
or
(subject
to
the
i~mxiiiiu:n
rates
aid
c.liaibges authorised
1)y
this
Act)
iiicrertse
all
or
any
of
tlic:
rtiies
or
cliarges
to
he
takcti
in
reipwat
of
the
lr;ttil\\
;IJ-\
or
of
ani
portion thereof
2nd
tiiriicefortli sucli
orcler
hliall
l)t)
ol~wr\-etl
iiutil the
*anic:
is
vliange5.
11
A.U.
1920.
revoked
or
nioclified
11~~
an
order
of
tlie Xinister
of
Transport
-_
macle in pursuance
of
this section.
Agreeiiieiitq
15.
The
Corporatioii
011
the
oiie hand
id
the
local autho-
cllase
of
rity
of
anx
district in which
any
tramways
belonging to the
tr:LLii\\ays
'ly
Corporation are or
mar
1)e
sitirate on
tlie
other hand may mitli
the consent
of
the Minister
of
Traiibport
enter into and carry into
effect agreeineuts
for
or
with respect to the postponenient
of
the date at which tlie right of
such
local authority to purchase
such traiiivays imy
be
exercised
for
such periods not exceeding
a
period
of
thirty-one
Sears
froni the
clate
of
tlie
agreement
and
oil
such terms and conditions as may have been
or
may
be
agreed bet ween the Corporation and such local authority
as
the case
may
be
:
Provided that notice
of
any application
to
the Minister
of
Trailsport for any such consent shall l)e pnblishrtl
in
such
manner
tis
the said Minister inay direct and such notice shall
specify
a
date
hy
mliich any objections to the application
are
to reach the said Minister
ancl
if any
such
objections
be
made
the said Minister niay direct an inquiry to lie held under the
provisions
of
section
20
ol
the Xinistry
of
Transport
Act
1919.
ay
to
piir-
local
autho-
rities.
For
protec-
tion
of
Totl-
Inordeli
Cor-
poratioii.
16.---(1)
Section
30
of
the
Tranlways
Act
1870
shall apply
to
the mayor aldermen and lmrgesses
of
the borough
of
Todniorden (in this section called
"
the Toclmorden Corpora-
tion
")
in respect
of
any gas main pipe or apparatus belonging
to
them
as
if
they were
a
conipaiiy and the length
of
notice
to be given to
tliein
under subsection
(I)
of
that section shall
be fourteen days instead
of
sewn clays.
(2)
Sections
31
ancl
32
(including
the
proviso
to
suli-
section
(a)
of
the
last-named section)
of
the said Act shall
apply
to
the Todniorden Corporation
and
to their storm-mater
culvert and inaiilioles connected therewith in and under the
Burnley Koad.
(3)
Section
33
of
the said Act sIiall apply
to
any difference
tlrliicli niay arise between the Corporatioii and the Todmorden
Corporation
uncler
the provisions
of
the said sections
of
the
Traninays Act
1870
as
applied
by
subsections
(1)
and
(2)
of
this section.
F'or
protct-
17.
Kotwithstanding anything contaiiied in this Act the
ti^
of
TO:'-
following provisions
for
the protectioii
and
benefit
of
the
rural
1lurai
niS-
district council
of
Todmorden (in
this
section referred3 to
as
trict
Couiicil.
12
mortleu
[lo
&
11
GEO.
5.1
Halfax
Corpoyatiort
Act,
1920.
[Ch.
1xxvi.j
‘‘
the council
”)
shall (except in
so
fiir
as may be otherwise
AD.
1920.
agreed
betm-een
the Corpoyution and
the
councail) apply and hare
ef!c’ect with respect to
‘l’raniway
KO.
3
by this
Act
authorised
(ill
this section re€erred to
as
“
the tramway
”)
(that is to say)
In
the
eycnt
of
the Corporation not coinmencing the
construction
of
the train\\
ay
within
two
years from
the
date
of
tlie passing
of
this Act nor proceeding
theremitli with all reasonable dispatch
they
shall
not without the
coi~e~lt of
the council oppose any
applicatioii 11-l-hich may be made
by
any
local authority
conipariy
or
person for power
or
authority to run
omnibuses upon the route
of
the tramway
:
(2)
The Corporation shall at the same time as they lay
before the Minister
of
Transport the plan and state-
ment referred to in section
‘3
(Provisions
as
to con-
struction of tramways)
of
the Act
of
IS97
incor-
porated with this Act lay before the council
a
coly
of
so
much
of
such plan and statement
as
relates
to
the tramway and the council shall be
at
lilwiy
within
a
period of one month from the receil)t
I)y
them of such plan to inake representations to the
Minister
of
Transport with reference thereto
:
(3)
The position
of
all posts standards boxes and brackets
and their sereral attachments erected
hy
the
Corpo-
ration in the district
of
the council shall
be
such
as the Council may reasonably approve I’rovided
that-
(a)
If
before the erection
of
ally of such posts
standards boxes brackets and attachments the
Cor-
poration deliver to the council
a
plan showing the
proposed position the~eof and the council do
not
within fourteen days give notice to the Corpora-
tion
o€
any objection the council shall
be
taken
to
have agreed to the position
of
such posts
standards
boxes
brackets and attaehments
as
shoa-n
by the said plan; and
~
(B)
If
any post box or overhead wire becomes
owing to any road improvement or to the con-
struction of any new road or otherwise in the
opinion
of
tlie council ai1 obstruction the Corpo-
ration sliall alter the position thereof in such
13
[Ch.
1xxvi.l
HdZfnn.
Cwpof.nfiolz
Jd,
1920.
110
cP-
11
GEO.
5.1
A.1).
1920.
manner
as
the
c.ourici1
tlirrct but
the
C‘orpoi’
a
t’
1011
inay
zppeal
against
siicli
direction
to
t
lie
Jliriistrr
of
Transport
and
the
tlrc+;4o;i
of
thc Jlinistrr
shall
1,e
find
:
(I)
‘The
Coiuicil
or
any
other
body
entitled
to
light
any
road
in t1:e diqtrict
of
the coimcil iii wliich the tram\\-ay
shall
be
constructed
sliall
ripon
giring not
kss
tl~n
14
days’ notice to the Corporation
of
their desire
to
do
so
hare
tli~
riglit
to
iise
any posts stantlards
and
brackets
of
the Corporation
€or
the
support of any
electric wires
or
lamp
or
aiiy
gas lanip 1)elonginr;-
to the council
or
to
such
1)ody
or
to
any contractor
with
thein reqiectively
for
the lighting
of
street
Ianips
Yrorided that in tlie exercise
of
tlie
pol\
ers
of
this
siilsection
no
avoidable
damage:
shall
lip
c:tusctl
to
wch
posts stmdartls
01’
1)raclicts
aii!l
no
obstruction
or
interference shall
lw
cnr~seti
LO
or
11-it11
the \vorliing
l3y
the Corporatioii
of
the
imder-
taking
aiiil
aiiy
body
company
or
person
o(Ac:isioning
ail)
(lamage in tlie ruwcisc
of
the
pon
ers
of
t1:is
sulJsection
shall
pap
compensation to tlw Corporatioii
the
aiiioiint
thereof
to
be deterininet1 in default
of’
agreement
by
arbiCr.
t’
ion
:
i;)
A11
siich
posts staiidnrcis l)i*;tckets and
other
orlis
erected by the Corporation in
any
street as
are
usuallq
painted
or
as
are suitable
to
be painted shall be
painted
hy
the Corporation with good oil paint
of
tt
colour
or
colours
to
he approvcd
l)y
the conncil
at
least once in every
three
years:
(6)
The Co~poriiti~ii shall not
unclei-
the
powcrs
of
sec-
tion
25
(Stopping
of
roads during execlition
of’
works)
of
the ,Ict
of
1003
incorporated
wit11
this llct
stop
iip
aiiy
lstreet
01-
road
in
the
district
of
tlie council
without
t
hp
consent
of
the
council
which
consent
shall
110
t
be
unreasonably withheld
:
(7)
For
the purposes
of
this
Act
and the provisions
of
the
Corporation Acts ancl Orders and the
incorporated with this ,4ct the council shall he
deemed to be
the
local
aiithority for their district
:
(8)
Any qitestion
or
difference which niay arise hetweeir
the Corporation arid the council with reference to
this
section or
anything
to
br
done
or
not
to
he
dotie
-
14
thereunder
and
with J’ehpect
lo
which no othcr
provi-
sion is niade shall be determined
by
an
arbitrator
to
be appointed in
tiefnult
of
agreement
by
the Xinistei.
of
Trailsport
:
(9)
Nothing
in
this sectioii sllall
aft’ect
tlie
proyisioiis
of
section
2
B
(Use
of
Lrain~
ay posts by Postmaster-
General)
of
the
Act
of
1911
applied
by
this
Act
in
relation to the traniways Provitletl that
any
differ-
ence betweeii the €“ostmLtster-General and
the
council
or any other
body
in relation
to
the
use
of
the
posts
standards and brackets
of
the Corporation
liy
the Postiiiaster-C*en~~~l
aiitl
the
council
or
snch
other
body respectively shali be deteriiiined
as
proritleci
iu
that section.
A.I).
1.320.
--
18.-(1)
The
provisioiis
of
section
21
(For
protection
01
For
protec-
railway companies)
of
the
Act
of
1911 shall be
observed
and
have
effect
in
relation
to
the
exercise of the powers
of
this
Yorkshire
Act
as
if
it
liatl
been
expressly
re-enacted
herein
Cor
the protec-
Corn
Railway
pail
y.
tion
of
the llancashire
and
1-orhahire
liailn
tty
Coiiipang
iii
this
section referred
to
as
‘.
thc:
coinptiy.”
(2)
Sothing in this
Act
shall prejudice
or afiect
the
esercihe
by the company
of
the powers conferred
upon
them
hy
the
Lancashire and Yorkshire Railway
,Let
1897 with respect
to
the widening
of
tlivir ’railway ~inder Hddersfield
lhd
I:llancl
by
that anthorised
and
any increased expense to
which
tht.
company
may
be put in carrying sucli powers
into
execution
l)y
reason
of
the exercise
of
any
of
the powers
of
this Act shall
be
19.
FOY
the
protection
of
the
county
couiicil tlie
I‘olloning
repaid to
the
company
by
tlie
Corpor.
ct
t’
1011.
provisions
sliall
unless otherwiw
itgreet1
in
\\
riting
I)c>t\\
eeii the
‘ccatiO1l
Or
couiitr council
and
the Corporation
:ipply
aiitl
hihue
eWect
U
it11
,-,I.
respect
to
tho
lraizi\\ajs
SOS.
2
aiid
3
1,~
tliib
_ict autliorisetl
so
far
as
the same
aye
iiiteiided
to
he
lnitl
along any nislin
road
or
upon
aiq-
bridge
repairable
by
tlir
cwimty
council
or
aiij
part
of
the traniways (in thih
hectioii
referred
to
as
“
the said
tramways
”)
(that
is
to
sa8y)
:-
(1) Coiitein~~oraueously
it
it
11
tht. construction
of
Tramway
No.
3
in the Todmorden
and
Halifax
Boad
between
the point
1.
furlongs and the point
of
termination
of the said tramway marked
dn
the deposited plans
for
the urban district
of
Elebden Bridge the county
couiicil shall widen
the
said road between the
mid
coutrty
(‘o1111-
I1
15
AD.
1920.
points
so
that tlie
cawiageway
thereof shall be
of
not less width than
27
feet
Providecl
that
on
the
completion
of
the said
worli
the Corporation shall
pay to
the
COLU~~~
couiicil as a contrilintion
to
the
cost thereof tlie
sutii
of
t
WO
thousand two
hiunclred
and ninety-eight
lioiinds
:
(2)
The said tramways shall
iiot
be coiistructetl on
any
main road until the metalled carriageway of such
road hac; heen widened by the Corporation
to
such
extent (not exceeding
33
feet in the case of
a
double
line and
27
feet
in
the
case
of
a
single line)
as
can
be effected
by
utilising any unnietallerl ground
or
grass verge
at
the sides
of
the
road:
(3)
In
carrying out such widenings the Corporation shall
to the reasonable satishetion
of
the coiuity council
form
with
proper fouiidations and macadamise and
make good with
the
same materials
as
the adjoiniiig
existing roadway the portions added to
such
roadway
and make proper provision
for
drainage (where prac-
ticable) and fencing
(where
necessmy)
aid
all such
worlcs
shall be carried out
in
conformity with plans
sections and specificationc;
to
be
approvetl
by the
county council Provided that
if
the
coui)
ty couiicil
do not within twenty-eight days after receipt
by
them of such plans sections ancl specificstioiis
signify
their approval
or
disapproval thereof or give their
directions
in
relation thereto they
shall
be deemed to
have approved thereof
:
(4)
Subsections
(2)
(3)
(1,)
(5)
and
(6)
of section
8
of the
-1ct
of
1015
shall apply
to
the
said
tramways
as
though the same
were
re-enacted in this
-let:
(5)
If
any diffcrence shall
arise
between the county council
and
tlie
Corporatioil uncirr tlie provisions
of
this
section
sach
cliff'erence shall be determined by an
arbitrator to
be
agreed
upon
1)etweeii
them
or
failing
such
agreement to
he
appointed
011
the
application
of
either party (after notice in writing
to
the other
of them) by the President
of
the Institution of Civil
Engineers
and
subject
as
aforesaid the proTisions
of
the
Arbitration
Act
1880
shall apply to
any
sucll
determination.
__
16
PART
111.
A.D.
1920.
--
STILE
ET
W
o
R
K
S.
20.
Subject to the provisions of
i
his Act the Corporation
Power
to
make
street
niay
make and inaintain in the 1int.s anti according to the levels
,yorks.
shown
on
the deposited
l1l;tns
aiid sections the street improve-
meiits and other
works
liereinttfter described together with all
iiecessary works approaches emlxmkiiients retaining walls and
conveniences connected therewith or incident thereto The street
impyovenients ancl other works hereinbefore referred
to
and
authorised by this Act :we
:
-
In
the 130rougl1.
Work
No.
1
A
widening of Cron-11 Street
011
the north
side thereof and
of
Waterhouse Street
011
the west side
thereof
coniineiicing
in
Crown Street
at
a
poiiit
65
feet
west
of
the junction
of
Crown Street and Waterhouse
Street and proceeding thence along the north side
of
Crown Street for
a
clistance of
45
feet
or
thereabouts
and continuing thence
along
the xest side
of
Waterhouse
Street and terminating
at
:L
point opposite the north side
of
John Street.
In
the Urban District
oE
Hebden Bridge.
Work
No.
2
A
widening of New Road and West End on
the south side thereof commencing at
a
point on the
south side of
New
Road
18
feet
east
of
the east side of
Holme Street proceeding thence along New
Road
and
Test
Elid
and terminating
at
a
point
144
feet west of
the point
oE
cornmenceiiieiit
:
Work
50.
3
A
widening of West End on the north side
thereof commencing
at
a
point seventy-five feet west
of
the east side
of
Bridge Gate proceeding thence along
West
End
and terminating at the north-west corner of
the hriclge over Hebden Water
:
Work
No.
4
A
widening
of
Rankfoot Hill and King
Street on the south side thereof commencing in Baiilifoot
Hill
at
a point three hundred and sixty feet or there-
aboutrr east
of
the
east
side
of
Adelaide Street proceeding
thence along Rankfoot Hill
and
King
Street and terini-
nating in King Street at
a
point
three
hundred and
H
17
A.D.
1920.
seventy
fcet
or
tliere:~hoii
ts
west
of
the south-west corner
of
the
bridge
over
Colden Water.
__
Appl
F
iiig
21.
The following sections
of
tlie
following
Acts shall
so
far
as
the
‘same
aye
applical~le
in
tlxii
1)eh;tlf
aiid
xrc
not
iiicon-
c
ertxin
pro-
xi~ions
ot
ioCaai
Act,
to
sisteiit
with
tlie
provihiis
of
this
-ict
rxteiiil
and
apply
1liiit;Ltis
we'
\wr!,*-
rnut:~iidi~
fo
xttd
ill
wI;rtioti
to
thr
st.reet
\\-orIis
by
this Act
antliorisrcl
:
Of
the Act
of
1900
Scction
95
(Limits
of
Ltternl
and
vertical
deviation
for
Section
96
Section
$17
Section
9s
(Lands
lnid
into new streets to he public
street
works)
;
(T’omr
to
make
su1)sicliery
works)
;
(Yon-er
to alter
steps
areas pipes
&c.);
and
highways)
:
Of
the -1ct
of
l!l05-
Section
6:t
I
Corporation eiiipoiwrecl
or
mag
be
required
to
~i1~1~pill
or
otherwise strengtlien
houses
near
Tvmks)
:
Of
the Act
of
1911-
Section
2:)
(Iknefit
of’
inipi*orenient to he talien into
mnsitleintioii in fixing conipensation
for
Iniitls
req
uiretl
for
street improreinen
ts)
;
ant1
Section
30
(Conipensation in
case
of
recently dtered
buildings)
:
Pro\-idecl
that
iii
coiibtiwing
for
tiit:
1)iirposcs
of
this
Act
the last-men
tionetl
section the
clatc
tl;ei.ein
referred
to
shall
he
deemed to
he
the tivrntirtli
(lay
of
So~-cinl)er one
thousmd
iiinc
huuclred
atid
nineteen
:
Provided fiirthey tliat section
20
of
the Act
of
1911
sliall
not
apply
to
niiy
of
the
property
to
l)e
acquired
from
01-
belonging
to
the
gowrnors
nntl
trustees
of
tlie uuitetl charities of
Sathaniel Waterhouse
for
any
of
the
purposes
hy
this Act
:tu
t
horised.
1.
For
pro-
22.
For
tlie
protectioiz
of
the
governors
and
trustees
of
the
imited charities
of
Kathaniel \\-aterliouse (in this section
tt’c
I1011
of
yiwrtior?
atl,i
t,,l,t6bs
rrferrrrl
to
as
‘’
thtl
on
iit’r\
“i
tho
follon
iiip
provisions &all
iF
uiiless
otlier\\ ih(:
agreed
in writing
1)etn
een
t,lw
owners
aiitl
tlie
.\.U.
1920.
_-
Corporation
liaw
effect
(that
is
to
hay)
:-
of
mi
tot1
Xa
t
11
ani
el
11'
the ('oi*poration acquire for
the
piwposes
of
Work
No.
I
charities
of
l)y
this
Act
mtliorised
any
of
the property
of
tlie
~~-ater~louse4
o~viiei*s
they
siiall
piiidi;~se
a11d
the owners
sh;dl
sell
to
tlieni
tlir
wliolt.
of
tl:~ pperty
of
tlir
owners
Imuntlccl
on
tlir
east
lq
\\-;tterIionse Street ancl
oil
the
nest
by
Go1
ernov
Strwt
anti
cistending from
Johii
Strcet
to
.lrgyle
Street.
23.
'he
po\\-rrs
for
llie
c~)iiipiilsory
piirehast.
of
lands and
Powers
to
Held
ei
I
tlir
1ilitki:ig
aiitl
~llaiiitrnaii~~
of
Street
M-orks
NOS.
2
3
ancl
4
l
I,is-
1))
tlh
aid
the
nest
succeeding Part
of
this' Act conferred on
iiict
Connvil
tlie Corpoixtion
~'OY
ant1
in
connexion with the saicl street
'"
lo
street
I\
orlis
and
all
po\ve~s
aiicl
obligations connected therewith
or
iiic+teiital thereto may
bc
vested
iii
and
Le