Huddersfield Corporation Act 1906
| Jurisdiction | UK Non-devolved |
| Citation | 1906 c. lxxxiv |
| Year | 1906 |
[(;
EDW.
7.1
Huddersfield
Coqm-atiora
Act,
1906.
[Ch.
1xxxiv.J
CHAPTER
lxxxiv.
aiid burgesses of the county borough of H~~dder~field
with respect
to
the disposal
of
trade refuse for the
construction of tramways and street works and in regard
to
streets buildings sewers
and
sanitary matters
and
for
the health
local
government and improvement
of
the
borough and for other purposes.
[20th
July
1906
.]
An
,%et
to
confer
fLirther
powers
on the mayor
aldermen
A.D.
1906.
_.
'REAS
the county borough
of
Iluddersfield in the West
referred to as
"
the borough
")
is a municipal borough under the
government
of
the mayor aldermen and burgesses thereof (in this
Act referred to
as
"the Corporation
'7
:
W""
Riding
of
the county
of
York (herein-after in this Act
And whereas doubts have arisen as to the nature
and
extent
of
the statutory powers and obligations
of
the Corporation with
regard to the removal and disposal
of
trade refuse within the
borough by means
of
the sewers and it is expedient that powers
should be conferred on the Corporation and the traders with reference
thereto
:
And whereas extensive powers with regard to the supply of
electricity the construction
of
tramways and with regard to the
improvement and government
of
the borough have been conferred
upon the Corporation by the recited Acts:
And whereas
117
certain
of
the recited Acts and Orders the
Corporation were authorised to lay down within
and
beyond the
borough the tramrrays in those Acts and Orders mentioned and
the powers therein contained were conferred
on
the Corpor
a
t'
ion
in
respect
of
the said tramways:
[Price
2s.
A
1
A.D.
1906.
hid
whereas it is
expetlielit
that
the Corporation shoultl
be
eiiipon-erecl
to
coiistrnct mid maintain the adtditional
tuninn-ays
in
this
Act
tlescri
Ixtl
ant1 that further provisions slionltl
lje
macle
as
in this
Act
mentioned
in
regartl to the working by
the
Corporation
of
those trnmr*rays
:
,\ntl
whereas
it
is
expedient that the Corporation
be
autho-
rised to coustriict
the
street worlis l)y this
_let
anthoriseel
:
dntl
whereas it is expedient that further
pon-ers
shoixlcl be
coiifcrrecl
up11 the (Jorlmxtioii
\vi
th
refeiwce to streets Imiltliiigs
sewers
ant1
sanitary
inatters
;uitl
further provision
niade
for
tho
Ilealth
local governiiieiit
niitl
iiiilorciveiiient
of
the
liorougli
:
Ancl
whereas
ctstiiiiates
hare
been
pre’pare(1
bj-
the Corpor;ttioii
iii relation to tlie lollowing
purposch
iu
rchpwt of which they
are
I,y
this Act authorised to
ixisc
uioncy wliicli
are
as
follows
:
~
For
the cmistrnction
of
tramways
five
tliousaizcl
three
liiinclrecl
aii(1 forty
poiuicls
;
b’or
tlie piurposr
of elec.trica1
qiiipiiieut in coiinesioii
with
tlw
Corporation ti.niiiways eight
hiinclred
mitl
eighty-two
pounds
:
For
tlie 1nircli:isc
of
lanclc,
for
aiid
for
the street worlis autho-
rised
~JJ-
this
Act
two
tliousaiitl
four huuclrecl
and
sixty-
eight
poiiiicls
;
For
tliv esteiisioii
aiicl
cii1:ugciiieiit
of’
the Teclmical College
,lilt1
diercws
the several
works
mtl
pnrpows
nieiitionetl
in
such
estiiiiates
aw
perniailent
ivorI
ant1
it
is
espc(1ient that the
cost
tl1creof
SIlOllltl
l)C
sp”1
o\rt>r
:L
tcrn1
of
ye:1r>
:
Aliitl
\\-licwas
it
iy c~spcdieiit that tlic Corporatioil slioriltl
Ije
aiithorisetl to raise
iiioiicys
for
the
purposes
aforesaicl
and
to
repay
tlic ;il~ove-iiientioiieel
siinis
borrowed
as
aforesaid
:
,\nd
whereas plans
arid
sections
showing
the lines aiicl
lcvelh
of
the
\~orks
anthoriseel
1)s
this
,\ct
and
plans
of
the
lands wliich tlie
C’orporntioii
ma>-
acquire
mider
this
-let
11-it11
;I
book
of
reference
to
511~11
plans
coiit;iiniiig
tlie
naiiie~
of
the
o~niers
atit1
1
repntetl
on-iiers
aiitl
lessees
ant1
of
the
occupiers
ol’
tlsc
I:iii(ls
rc.cliiirrtl
ant1
wliich
may
lie
taken
iincler
the
pov-er5
oi’
this
A\c.t
haw
heen
clrpoyited
with
the
clerk
of
the peace
for
the
TYwt
liitliiig
of
the
county
of
York
which plans sections
ancl
lmok
of‘
rcfrrence
are
in
this .let respcctirely
referred
to
as
thc
deposited
plans
sccatioiii
and
l~oolr
of
reference
:
L\~id
whereas the objects aforesaid
cannot
be
effected witlioiit
tl1tl
atitliority
of
Pai-liaiiient
:
__
tc.11
tllousand
poUl‘ds
:
9
i
ihl
whereas
an
absolute majority
of
the
whole
nuniber
of
the
A.D.
1906.
Coiiiicil at
a
ineeting held
011
the
sixth day
OF
Deceiiiber oiie
~
tlionsaiid
iiiiie hundred and five after teii clear
days
notice by
pitlilic advertiseinelit
of
the meeting and
of
the pnrpose thereof in
the
Hndclersfieltl
Daily Chronicle
a
local newspaper pithlishetl
an(1
circnlatiiig
iii
the
I~orongli
such notice beiiig
in
atldition
to
the
ordinary notices required for siiiiiinoniiig
that
meeting
resolved
that
tlie
espciise in relation
to
proiiiotiiig
the
Bill
for
this
Act
should
lw
charged
011
thc
l~oroiigh
fiiiicl
aiid
rates leviable within
htl
wliereas that resolution
was
piiblished
twice
in
tht.
Hncldersfielcl
Ilaily
Chronicle
aiitl
has
received tlie approvd
of
the
Jiociil
(+overiiiiieiit
13oard
:
Altitl
nhereas the propriety
of
the promotion
of
the
1511
for
this _ict
was
coiifirmecl
by
ai1
absolute majority
of
the
whole
iiiiiiilwr of the Council at
a
further
special iiieetiiig held in
puimaiice
of
n
siinilar notice on the twenty-sixth
day
of
Jaiiuary
oiie
thousaiitl
iiiiie
hundred aiid six
being
not
less
than
fourteen
days
after
the
tleposit
of
the Bill
for
this
Act
in
Parliumiit
:
Aiid
whereas in relation to
the
pi-oiiiotion
of
tlie
Bill
for
this
,lc.t
tliti
i~quireiiieiits coiitaiiieci
iii
the
First
Schctlule
of
the
13oi.mtg.h
Fitiitls
Act
I
903
have heen
olxerved
:
thc
l~orough
:
Alay
it
therefore please
Your
llajesty
that it iiiay
lie
enacted
and
be
it
enacted
by the
IGiig’s
inost
Escellciit
Alajestj- 1)y
aiitl
~vitli
the
atlvicc
aiicl
conselit
of
the
Lortls
Spiii tnal ailtl
‘l’en~poral
;inti
(
‘01111110114
in this presciit Parliament as~enil~lctl
tint1
Iiy
tliv
;tritliority
of
tlie sainc
as
fo1lon.s
(that is
to
say)
:
PART
1.
PKEL
IMNARY.
1.
This
Act
inay
be
citecl
as
the
Hiicltlrrsfielcl
Corporation
short
title.
Act
1906.
2.
This
.!ct
is
divided
into
Parts
a:,
follows
:-
-1c.t
tli7
iiled
into
Parto.
Part
I.-l’reliiiiiiiary.
I’m:
lJ;\l-I
111.
I
ralll\Lays.
11.
-1)isposal
ol
Trade
Refnse.
r1
Part
I
V.-Stree
t
Il’orks.
I’art
V.--Technical
College.
Part
\’I.--Lalick.
A\
2
[Ch.
lxxxiv.]
Euddersfield
Corporation
Act,
1906.
[6
EDW.
7.1
A.D.
1906.
Part VI1.-Electricity.
__
Part VII1.-Streets Buildings Sewers and Sanitary.
Part 1X.-Common Lodging-Houses.
Part X.-Infectious Disease.
Part XI.-Notification of Births.
Part
XI
T
.-Finance
;
and
Part X1II.--Bliscellaneous.
PIO\
i-iotiy
3.
The
following
Acts
and parts
ol’
Acts
(bo
far
as the
b;ilii~
are
applicable
for
the purposes
of
and are not inconsistent
of
ceitain
peii9iiL1
Act*
incorporated.
with the provisions
of
this Act) are hereby incorporated with
this Act namely
:-
The Lands Clauses Acts except section
:
Section
3
(Interpretation
of
terms) section
19
(Local authority
may lease
or
take
tolls)
and
Parts
I1
and
111
of
the
Tramways Act
18
70.
Interpreta-
4.
In
this Act unless the subject or context othersise
tion.
requires-
“
The borough
”
means the county borough
nf
Huddersfield
;
“
The Corporation
”
means the mayor aldermen and burkesses
of
the borough;
‘‘
The town clerk
”
“
the surveyor
”
“
the medical
officer
”
and
“
the inspector
of
nuisaiices
”
mean respectively the
town clerk the surveyor
the
medical officer
of
health
and the inspector
of
nuisances
for
the borough and
respecbively include any person duly anthorised to
discharge teinporarily the duties
of
those
offices
;
“
The borough fund
”
and
“
borough rate
”
mean respectively
the borough
fwd
and borough rate
of
the borough
as
provided by the recited Acts;
“The tramways” means the tramways
by
this Act autho-
rised
;
“
The Corporation tramways
”
includes trainways authorised
bv this Act and
all
tramways for the time being belonging
to leased to or
run
over
or
ivorked by the Corporation;
“The association” means the West Riding
of
Yorkshire
Millowners and Occupiers Association
;
4
-fi
EDTI-.
7.1
H?,dders.fidd
Corporution
Act,
1906.
[Ch.
lxxxiv.]
“
Trader
”
riiea11s
;~ii
owner
or
occupier of trade premises
as
defined by this Act
or
any person carrying
on
anj-
business thereon or on any part thereof
ancl
discharging-
trade refuse therefrom
;
Trade premises
”
means any mill factory or premises situate
within the borough from which
any
trade refuse shall
for
the time being be discharged into the sewers under
this Act or in respect
of
which notice
of
intention to
SO
discharge shall have been given to the Corporation
;
“
Owner” means the person for the time being receiving the
rackrent of the trade premises in connexion with which
the word is used whether on his own account or
as
agent
or
trustee for any other person
or
who would
so
receive the same if such lands
or
premises were let at
a rackrent;
“
Rackrent
”
shall have the same meaning as in the Public
;
‘‘
Trade refuse” means any liquid either with or without
particles of matter in suspension therein which proceeds
or
results
from
any industry
or
trade within the borough
;
“
Solid inatt8er” does not include particles
of
matter iu
suspension in water
;
“Sewer”
or
“sewers” means sewer
or
sewers of the
Corporation
;
“Daily penalty” means a penalty for every day
on
which
any offence
is
continued after conviction
;
“
Infectious disease
”
means any infectious disease
as
defined
by section
3
of
the Huddersfield Improvement Act 1880
;
“The Public Health Acts” means the Public Health Act
1875
and any Act amending the same;
‘‘
The Almicipal Corporations Acts
”
means the Municipal
Corporations Act 1882 and any Act amending the same
;
“
The recited Acts
”
means the unrepealed provisions
of
the
local
Acts specified
in
the First Schedule to the Hudders-
field Corporation Act 1902
and
the Provisional Orders
relating
to
the borough confirmed by the Acts also
Aniendnient Act
1904
the Huddersfield Electric
Lighting (Extension to Linthn-aite) Order 1903 the
Huddersfield Corporation Tramwavs Order
1903
and
the
A.1).
1966.
__
<<
A
::
5
I-lucldersfieltl
Electric
Lightiiig (Extension
to
dolcar)
Order
1904
;
itieaiis
auy
1noncy3
1mrrowd
or
to
I),'
IIOI~I~O\\O~I
1)~
III,.
'o~*poi*~itioi~
iiiirltbi.
;III\
5i:ituion.
1
,oi~o\vi
JI~
1
)on
(31-
;
"
Statutory
borrowiiig
power
"
shall have the same iiieaiiiiig
as
that :I-sigiied to
it
11y
the
I-luddt.rsfit~ld
(
'orporatioii
Act
1902
;
Wor(Is
and
c.spressioiis
to \vhich
iiic~atiiiigs
ar~
assigiiecl
l~y
eiiactiiieiits incorporated with this
Act
have
iii
tliis
Act,
the
saiiie
respective nieaiiings uiiless there
be
soiiiethiiig
in the subject
or
coiitext repugnant
to
such construction.
11
''
Principai
11ioxi
,
PART
11.
I)ISPO,-ZL
OE'
TRADE
REI~u~I!..
Power>
of
5.
'I'hc
('orporatioii
shall
for
the
pitrposes
of
this Part
of
Public
tliis Act
have
the
lilw
powers ant1 clnties with
respect
to thr
Health
Act
to
apl,ly.
construction
ant1
n~iiitcwance
of
scwers
ancl
the re111o\-al treat-
inrnt
and
disposal
of
trade refuse and the purchase
arid
taiiiiig
of
laiicls
by
agrcement
or
otherwise than
by
agreeiiieiit and the
Pxpenclitiire of
money
and execution of
works
as
thcj-
haw
foi-
Traders
may
discharge
trade
rcfnse
into ?ewers.
Il'otice
of'
in
to
11
ti
on
to
discharge.
-
tlic
coiiitructioii
ancl
iuaintenaiice
of
sewers
and
the
reinoval
ant1
tlispod
oC
s~wage
uiidcr
the
Public
Hcaltli
Act
1875
and
all
tht.
provisioiis
of
that Act
ant1
of
any
Act iiicorporatccl therewith
hi)
far
ab
applica1,le
aiicl
not
iiicoiisistent with this
Part
of
tlii5
Act
shall apply ac.cordiiiglj-.
C;.-(l)
Sitbject
to
the
pro~isioiis
of tliis Part
of
this Act
any
trader
imy
require the Porporation
to
receive
and
dispow
of
the
trade refuse produced from his
trade
premises ant1 sliall be
entitled to
discharge
or
coiitiiiue to discharge such
trade
refuse
tlirough
any
tlrains
communicating with
a
sewer
aiid
for
such
purpose shall
lie
entitled to enlarge
or
alter such drains or
construct
new
drains
and
cause the same to eniptr into
a
sewer
snbject to the prorisions
of
21
of
the Public Health Act
1875.
(2)
Any
trader proposing to require the Cforporatioii
to
receive
aiicl
dispose
of
trade
refnse
as
aforesaid
or
inteiiding to
discharge
tntde
refuse into
a
sewer
by
any drain iiot
used
for
such
purpose at the clate
of
the passing
of
this Act
01-
proposing
to
enlarge
or
alter
aiiy
drain used for the
purpose
of
discharging
trade refuse into
a
sewer
shall
at
least
three nioiiths before
SO
rpqitiring
or
coiiiiiieiiciiig
to
so
discliarge
enlarge
or
:11
tel.
serve
6
the C’orporation with notice of his reqiiireiiieiit or intention or
A.D.
1906.
proposal
as
aforesaid and
stating
the branch of industry or trade
carried
on
upon
the trade premises affected and the
name
and
pci-Iii1
;idd
I.O-\
of
thc on~er
ancl
thc
occiipicr
respectirclj
of
snch
preiiij,es
ant1
every part
thereof.
ctioii
shall not
collie
into
f0rc.e
When
pro-
iiiitil
tlil?
t.spiratioii
of
tn.elve inoiitlis
after
the
passing
of
tliix
~~$~~c?ll
,\et
or
iuitil
tlic
geiwral regidations
to
lie
iitacle
as
herein-after
to
come
into
pi*ovidetl
shall
mine
into
operation whichever shall first happen
force*
I’rovidetl tliat
if
the Corporation shall wit,hin nine months after
the passing
of
this Act make and subiuit to the traders’ repre-
sentatives
siicli
general
regulatioiis
in
accordance
with the section
of
this Act the marginal note 1%-hereof is
“
Corporation shall inake
general regulation,
”
the provisions of this section
shall
not
coiiic
into
Force
ruitil
siich
geneid iaegiilatioiis
shall
come
into
opeixtioii l’rovidecl fiirtlier that until the provisions of tliis
section
c‘oiiie
into
€orcc
the
rights
of
tlic
C‘o~poration ant1
tlie
traders rcspcctiirelj-
as
existing
at
the tiiiw of tlic passing of
this
Act
&all
remain unaffected.
__
(:3)
Tht.
pimrisicins
of
this
7.
The owner
and
occiipier of
my
lands
011
in throiigh
or
Production
iriider
whicli
any
SCTTTI’
clrain
pipe channel
or
outlet is situate by
Of
Plans
ineaiis
whereof
aiiy
tradc
refuse
flows
or
is or
may
I)e
discharged
into
n
sewer shall
upon
application in writing
by
the Corporation
producc
for inspection
11-y
tlic Corporation
or
their officers
or
agents
ancl tlie
(
’orporation shall
upon
application in writing
by
any such
owner
or occupicr
as
aforesaid produce for inspection
1)y
him or
his
agent:, all
siich
plans of snch
sewer
drain pipe
channel
or
outlet
as
aforesaid
as
he
or
they respectively
possess
aiicl
if
required
sliall
furnish to the Corporation
or
to such
owncr
or occiipier
as
the case
niny
be
at
reasonable charges
copies of
all
sucli
plans
ancl
such inforination thereoii
as
he
or
they respectively is
or
are
able
to
afford ancl in
case
of default
shall be liable for every
such
oifence to
a
penalty not exceeding
five
pounds
ancl
to
a
further peiialty not exceeding forty shilliiigs
€or
every clay during which
such
default shall continue.
8.
The C’orporation
may
construct
or
provide any separate
Power
to
spwers
or
other
work
for receiving
ancl
disposing
of
any
trade
make
~epa.
refase
as
aforesaid
or
I)y
nieaiis
of
a coiiibiiied sclieiiie
or
schemes
bined
sys-
with all necessary
sewers
and
worlrs
inay
receive
and
dispose of
tems
or
the trade rcfuse froni
two
or more trade premises as aforesaid
apart or separately
from
the geueral sewerage system or
disposal
works
of
tlie Corporation.
rate
or
com-
schemes.
F
-4
4
1
A.D.
1906.
Power
to
combine
with
other
local
autlio
rit
i
es.
Disposal
of
sludge
&e.
[Ch.
lxxxiv.]
HwhLcrs6eZtZ
Corporatioiz
Act,
I
906.
[C,
EI)~.
7.1
9.
The Corporation iiiay
combine
with tlie
local
:intliority
of
any
other district for the
pilrpose
OF
the
exorcise
a~id performance
of
the powers and duties of the Corporation
under
this Part
of
this Act and may enter into and carry into effect any agreements
for such purpose.
10.
The Corporation may at the request
ancl
cost of
any
trader or other person for the time being interested in
any
trade
premises remove and dispose
of
any slntlge tleposit or other
substance which
inay
have been produced in the course of the
treatment
of
trade refuse
upon
or in conliexion with such trade
premises.
corporation
11.-(1)
The Corporation shall subject as herein-after in
this section mentioned make general regulations which shall be
lations.
conformed to by traders who at the t'iine
of
the passing
of
this
Act discharge or shall thereafter discharge trade refuse into the
sewers.
shall
make
general
regu-
Nature
uf
general regu-
following operations
bx
and at the cost of the trader
:-
(2)
Sixcb general regulations shall provide for (inter alia) the
(A)
The exclusion from trade refuse dischargecl from his trade
premises into any sewer
of
all surface and condensing
water springs of water and the overflow
from
reservoirs
of such water Provided that nothing contained in the
provisions of
this
subsection shall be deemed or con-
strued to entitle any trader or the Corporation to cause
to fall or
flow
or knowingly to permit to fall or
flow
or
to
be carried into any river or stream any liquid which
is poisonous noxious or polluting within the meaning
of
:
(B)
The removal (where the same can be effected at
a
reason-
able cost) from trade refuse discharged from his trade
premises into any sewer
of
all solid matter:
(e)
The removal from trade refuse discharged from his trade
premises into any sewer of grease by preliminary
treatment such treatment
to
be
as
prescribed
by
the
general regulations
:
(D)
The regulation (where the same
cm
be effected at a
reasonable cost) by the trader
of
tlie volume
of
flow
of trade refuse discharged from
his
trade premises
into any sewer
so
as to ensure an uniform rate of
lations.
8
[-ti
Emv.
7.1
17rrcldc~.s.,ficZd
Corporation
LIct,
1906.
[Ch.
lxxxiv.]
discharge thereof into the sewers diiriiig the working
A.D.
1906.
hoiirs
01
each working day (including overtime) for
the time being obtaining at such premises.
~
(3)
Such geiieral regulations shall also provide for the pay-
AS
to
pay-
ment by the trader to the Corporation
of
reasonable charges for
ments~~
the reception and disposal
of
trade refuse where the trader
’is
unable to effect the removal required by subsection
c2)
(B)
and
(c)
or the regulation of
flow
required by subsection
(2)
(U)
of
this section or where there shall be exceptioiial circumstances as
regards volume
or
quality or otherwise.
(4)
In
the event
of
traders’ representatives being duly
General re-
appointed as herein-after provided such general regulations and
gulations
to
charges shall
in
the first instance be settled by agreement between
agreement,
the Corporation and
a
majority
of
such representatives or failing
agreement shall be settled in manner provided
by
the section
of
this Act the marginal note whereof is “Reference
of
qiiestions in
dispute
”
In the event
of
no representatives being
so
appointed
the said regulations shall be settled
by
the Corporation alone
Sidi
general regulations shall be settled with
clue
regard to
reasoiiableiiess of cost the effect on ancl circumstances connected
with the respective branches
01
industry or trade in the borough
so
as
to ensure that
no
material injury will be inflicted by such
regulations on the interests
of
such industries or trades and shall
make all reasonable distinctions between such respective branches
of industry or trade.
latioiis on the traders who shall be affected thereby.
case of any trader
who
at the time of the passing of this Act
genera’
discharges
or
shall thereafter discharge trade refuse from his trade
to
become
premises into the sewers upon the expiration
of
tvo months after
Operative.
service of
a
copy
of
such regulations upon him.
sliall be summoned by not less than seven clear days notice
traders-
by
advertiseinelit in one or more newspapers circulating in the
borough aiid such meeting shall be convened by the chairman for
the time being of the association and shall be held within four
nioiiths from the passing
of
this Act or failing this shall be
convened by the mayor
of
the borongh vrithin
six
months froin
the
passing of this Act Such meeting sliall elect not
less
than
fii-e nor more than ten traders’ representatives aiid shall act by
a iiiajority
of
the traders present.
traders.
he settled
by
(5)
The Corporation shall serve
a
copy
of
such geiieral regn-
Service
of
(6)
Such general regulations shall come into operation in the
When
general
regu-
lations.
re
plat
ions
(7)
A
meeting
of
the traders for the purposes
of
this section
Mcetiiig
or
9
[Ch.
lxxxiv.]
l/,rtl//c,,ii,/ic.ltl
(‘O).~WIY(/;OH
-
1
c/,
1%
)(i.
IC;
Er)\\.
7.1
A.1).
1906.
(S)
If
aiiy
tr:Lder
shall
consider thttt
snch
general regidations
IZigllt
of
tr:,-
reclitire
some iiiotlificatioii
or
variation
to
enal~le them to
be
nia&
der
to
call
for
applicable to the trade prriiiises
of
sue11
trader
or
to
any
iiidustr~-
inodification
~c.ofge,ler:,l
oi*
tradc cari*icrI
011
in
01’
i11mii
iiicli
tm(1e
~~rt~iliiw-
yo
a<
to
gi\
(x
regulzttioiis
clue
regard
to
tlic
sevrral
iiiatterh
ineiitioiic(l
or
rc.lerretl
to
in
subsections
(2)
(3)
and
(4)
of this section in connesioii with such
in
certain
cases.
trade prciiiises lie
sliall
be
mtitlc(1
to
scrw
on
thc
C‘orporatiou
iiotice
of
dissmt
fro111
siiclt
rcgiilations
in
rwpec+t
of
sucli
tratlo
premises within twenty-oiic
da~-s
fivm tlie service thereof vith the
grouiicls
o€
such
clissent aiid if the Corporatioii aiid the trader
shall be unable to agree as
to
tlic necessity
or
reasoaahleness
of
any
special regulations either
by
may
of
modification
or
variation
of
the
general regulations
or
by
wag
of
additions thereto in
connexioii n-ith such trade premises or as to the nature or extent
thereof the matters in difference
shall
be settled in maiiiier
provided
11j-
ilie section
OF
this
Act
the ni:irgiiid
1101
c
diereoF
is
“
Reference
01
qirwtions in dispute
”
aiitl siicli
specid
regn1at;oiir
when
in
force slia11
l,e
called
“
special regulations.”
-
List
of
(9)
A
list
of
traclers
who
shall
have
been
served with any
traders
~IKI
general regulations under subsection
(5)
of
this section shall within
gulations to
fourteen
days
aiter
such
service be filed and kept
by
the Coqm-
he
filed.
ration
at
the Towii Hall Hudtlersfielcl aiid
n
print
or
(’opj-
01
;my
general rcgiilations
and
bpecial wgnlations
for
tlic
1
iiiic
lwiiig
in
Eorcc
slid1
also
within
foiirtcni
(lays
after
the
sanic
respc~ti~ely
coiiic)
into operation
lic
likemisc filed ant1 kept
as
aforesaid
Siicli
list shall lje classified in the rcspectivc
br~iclics
of
indiistry
or
trade
carried
on
within tlic boroupli
so
far
as
rcasonnl)ly 1)ractical)lc
aircl slid1 in each case state
the
name
of
tlie trader the situ.
cl
t’
1011
of and
nature
of
trade carried
on
at tlie
trade
preinisc:,
ol
sricli
trader and whether
sucli
trader is interested
thereiii
tis
owner
OF
occupier and
(where
special regulations
aff
ectiiig
snch
trade
premises shall
lie
in
force)
a
coiireiiient reference
for
iclentific
a
t’
1011
of
the filecl priiit
or
copy
of
such special regulations
ant1
any
trader shall be elititled at all reasonable times during
oflice
hours
at
the
To~vn l1d1 to iiispection
horn
tlie
Corporation
01
any
snch
list
or
regulations
on
payment
of
a
fee
of
one shilliiig
for
eacli
such
iiispectioii and to take copies thereof
at
his owii expense
and
to
be fturiiished with copies
by
the Corporatioii certified to
be
correct
11s
the
town clerk
on
payment
for
tlie smie
at
the
rate
of
fourpence
per
folio
of
seventy-tn-o words aiicl aiiy such certified
copy
may
lie
received as eviclencc
in
all legal.
proceedings.
print
of
re-
~nspection
all(]
copleh-
10
13.
Until Parlianieiit otherwise provides any question arising
Itefereiice of
under this Part
of
this Act
or
iiiicler any regulations iiiacle there-
q!lestiolls
niider
shall
if
tlie parties
so
agree
be
relerred
to
tlie Local
Ciovcrnm~iit
boai~l
for
clet~i.niiii:ition otlwrwise tliaii
;is
arbitrat,.)rs
or
if
they
do
iiot
so
ape
then to arbitration under tlie pro-
visions
of tlie Arbitration Act
1880
On
any
reference to
the
Local
Government Board
unclcr
this
section that
Roard
may
make
such
order
in thr
matter
nncl
as
to
the costs of the reference
aid
of
the parties
as
to the
Boartl
may semi ecliiitahle
ant1
tlie
orcler
so
matl~
sliall
11~
hindiiig and conclusi\-e oii all parties.
dispute.
into
1
'art,
14.
Any trader
~-110
~liall
~vilfully rlischargc
any
tmtk
refuse
Penalty
for
a
sexwr
cscept
in accordance with the
provisions
of 111is
wilful
of
this Act
or
of anj-
regiilntions
for
the time being in force
thereunder
or
ivlio
shall other\vise inf'riiige such provisions
or
regulations sliall
be
liable
on
the application of tlie Corporation
to a peiialtj-
not
exceecliiiq
tti~-entj7
pomicls
and
to
n
daily peiialty
not
exceeding five pounds.
fanlt.
15.
Subject
to
the
provisions
of
this Part
of
this Act the
Agreements
Corporation
may
enter into agreements with tlie owners lessees
for
receptiol'
and
disposal
or
occupiers
of
any trade premises
as
to the terms and conditioiis
of
trade
upon which they will receive and dispose of any trade refuse
rcfu'e.
produced
on
snch
premises iiicliiding
the
constrnctioii
of
all
sewers
or
worlis
wliether for preliniinarp treatment
or
otherwise required
therefor and the repayment
of
aiiy espenses which
they
ma)
incnr in respect
of
the constrnctioii of sewers
or
works
or
on
account
or
in respect of such reception and disposal bnt any such
agreement made after the date
of
the passing
of
this Act shall
be
filed at the Town
Hall
in accordance with the provisions
of
the
section of this
Act
tlie iiiarginal note of
which
is
"
Corporation
11
A.D.
1
XX.
shall
make general regulations
”
with any rc>giilatioiis
dfectiiig
tmlc
preniises
in
the
same
brarich of industry
or
trade and be
sit1)ject to the like rights of inspection
as
such regul
a
t’
lolls.
works
ancl
niake
ad-
vmic‘ei.
Apportiun-
nieut
of
:imoullt
pay-
able
for
work
.
Saving
of
:tgreemeiits.
R
eier7-a
tioii
of
rights
of
riparian
o
wrier<.>
Corporntioii
16.-(1)
When under this Part
of
this Act it shall become
necessary for any trader to execute works
for
the purpose
of
may
csecwte
enabling him to comply with aiiy regulations for the time being
applicable to
one
or
more trade preinises
as
to preliminary treat-
ment
or
otherwise
for
the purposes
of
this Part
of
this Act
by
such
trader
of
the trade
refuse
proceeding
from
snch trade
premises such trader niay either execute such
works
or the Corpo-
ration inay if they think
fit
execute such
works
at the request
and
cost
of
such
trader and the Corporation inay
if
they think
fit advance
to
the trader the cost of such works iipon such
security terms
aiid
conditions
as
inay
be agreed betweeii sncls
trader
and
the Corporation.
(2)
If
the occupier
of
any trade premises shall not be the
owner
thereof
or
if
more than one person shall be interested
thcrein either
as
owner
or
occupier or
if
the said works relate
to
more
than one trade premises the amount payable shall be
apportioned between the interests
or
trade premises (as the case
inay
be)
affected in such manner and upon such terms
as
may be
agreed hetweea the parties interested or failing agreement in
manlier provided
by
the section
of
this Act the marginal note
whereof
is
“
Reference
of
questions in dispute
”
The provisions
of
this section shall apply notwithstanding the terins
of
any
contract
of
tenancy subsisting between the parties and which has
been entered into whether before or after the date of the passing
of this Act Provided that nothing in this subsection contained
shall affect any rights
of
the Corporation under any such agreement
as
in
the last preceding subsection
is
mentioned.
17.
Nothing in this Part
of
this Act shall affect
any
written
agreement inade prior
to
the passing of this Act between the
Corporation and any trader whereby
for
valuable consideration
any trade refuse prodiiced at
or
proceeding from the trade premises
of
such trader is admitted into
a
sewer.
18.
Nothing in this Part
of
this Act shall prejudice or affect
the rights
of
riparian owners
or
justify any infringement
of
such
rights Provided that
if
pursuant
to
this Part
of
this Act any
trade refuse is received into
a
sewer
in
contravention
of
any such
riparian rights the rernedy
for
such contravention
shall
be against
the trader and not against the Corporation.
12
19.
In
the assessment
of
the aiinnal due of trade premises
A.D.
1906.
lor
rating purposes any expenditure under this
Part
of
this Act
~~~~z&.~
required to be incurred
by
the trader to enable
suvh
trade premises
~~~~~~~~ded
to fulfil the requirements
of
any regulations for tlie tinit: being in
expenses
1’
Force with respect to such premises shall be deemed
to
be included
pretation
of
in
the
words
“
other expenses
”
in
the
interpretation
of
the words
“net
annual
“
net annual value.”
within
inter-
r
due.“
20.
If
any works referred to in the section of this Act the
Apportiou-
marginal note whereof
is
“
Corporation
inay
exccute
worlis
aiicl
make advances
”
or
any
part
of
such works sliall be intended or
utili5ed for
at
any
time utilised for domestic sewage at the request or mitli
ilomebtic
the concurrerice
of
the Corporation aid the trader
or
traders
interested therein such part of the cost
of
such ~orks
as
shall
fairly represent the value for such user shall lie paid or allowed
by
the Corporation
The
amount
of
such
paymentJ
or allowance
as the case may be as well
as
ally apportioiinient
as
between
traders interested shall failing agreement be settled in maimer
provided by the section of this Act the iiiargiiial note whereof
is
“
Reference
of
questions
in
dispute.”
Of
where
works
ScTVage.
21.
h’othing
in
this Yart of this Act contained shall entitle
Prohiiliting
:z!Fe
Of
any
trader to require the Corporation to receive or dispose
of--
(A)
Any liquids which
~~o111cl
prejudicially affect the sewers
;
liquids
&e.
into
sewers.
(B)
Any waste steam coiideiising water heated water or other
liquid (snch water or other liquid being
of
n
higher
temperature
lhan
110”
Fahrenheit)
which
either alone
or in combination with the sewage
~voultl
cause
a
nuisance or be dangerous or injurious to health
;
(c)
Any water solid matter
or
grease which
by
the regulations
to be niade under tlie provisions
of
this Act shall
be
required to be excluded or removed from trade refuse
;
or
to
discharge or contiiiue to discharge the saiiie through
any
drain coriiiiiuiiicating with a sewer.
22.
Any
sum
of
iiioiiey other than
a
penalty due to the
Recovery
Corporation accruing under this Part
OF
this
Act
may
be recovered
summarily
hum
of
of
by
the Corporation summarily
as
a
ciril
debt
ancl
the remedy
of‘
iiiolley
ac-
the Corporation
iiiitler
this eiiactinent
shall
be in addition
to
any
crl’illS
lmder
other reiiie(1y
of
the Corporation
for
the recovery
of
any such
tllis
Act,
siiin
of
iiioiiey.
thi,
Part
of
13
AB.
1906.
~
l'ower
to
23.
Snhjcct
to
tlie
pro~isioiis
of
this
Act
tlic
(
'oi.poixtioii
m:kc
tmin-
w
ny
b.
~uay
wliolly
n-ithiii
the
l~orougli
mulie
foriii
Iny
clowii
worL
IISC
ant1 iiiniiitaiii tlie
tranin-ays
Iierein-after
tlescriliccl
in the lilies
;uml
according
to
tlie
levels
shown
oil
the tlepositetl plans
aii(l
scctioiis
aiicl
in
all
rchpec
in
:iecoul:~iice
with
tliosc.
plans
nritl
sections
with
all
proper
rails
plates
slwpcrs
chniinels
pa~sq's
aiitl
titbes
for
ropes
c~il)lcs
wires
aiitl
electric liiics
j
iuictioiis
turiitaljlc~s titriioiitb
crossings
passing-places triangles waiting-rooiiis
stalile\
c;irriacS.e-lioiis~b
eiigiiie
boiler
ant1
clyiiaiiio-lioitses station\
sheds
ant1
huilt
lings
eiigiiies dj71ia11ios
works
aiid
coiivenieiicvi
c.oniicctecl
therewith (that
is
to
s;~?)
:-
'I'raui~vay
KO.
I
(a
single liiie almit
1
fnrlong
0.6;'
chain
iii
lriigth)
wholly sitiiate in
Sew
IIey
Roatl
in the pri4i
or
l,oiig~vood
coii~ii~~~ieiiig
oil
the iiorth-\w.st sicle
01
Scw
Hey
lioacl
at,
a
poiiit
about
19
yards
sonth-west
of
81arlc
1,anr
aiid teriniiintiiig
hy
a
jitiictioii with
tlie
existing
traiiiwiy
in
Xeiv
Tley
hicl
at
a
poiiit almit
20
yai.cli
soiith-west
of
the
east
roriier
of
the
Old
Toll
lh
llo[tst~
at
c~lltlallc~
:
rl'rain~~-ay
1\70.
2
(a
single
liiie
aljout
0
*
55
chain in length)
~vliolly sitiiate in
New
Hey Itoacl
in
the prisli
of
Lindlcy-
ciiiii-Qiiarniby
comnieiiciiig
on
the
soitth
sicle
of
Sew
He)-
ltoatl
at
a
poiiit
about
10
J-artls
cast
oi'
Uei~l
Strcct
and
teriiiiiiatiiig
by
a
jiinctioii
with
tlie
existing traiiirva\-
iii
NCTV
Hey
Road
at
a
point about
21
y;arcls
eabt
oC
Jlean
Street
:
'l'raiiii~
ay
So.
3
(a
siiigk
line
about
5.61
chaiiis
in
lriigth)
11
hollj-
in
tlie
parish
of
Liiidl~j--c~iiii-~~iiariiil~~-
coniiiieiiciiq
oii
tlie
iiorth
side
of
Uiiioii
Street
at
a
poiiit
about
113
yartls
west
of
Acre
Street
passing thence into
aiicl
along
Acre
Street
aiitl
teriiiiiiatiiig iii
that
strect
at
a
point
alioiit
11
yards
south
of
Vnioii Street
:
Tramway
KO.
4
(a
single
line about
9.22
chains
iii
length)
\vholl;-
in
the
parish
of
Hitddersfield
coiiiiiieiiciiig
iii
Whitestoile
Road
by
a
junction with the existing
tranirmv
of
the ('orporation
at
a
point
abont
22
yards
south-w
01'
Alder
Street
pawing
tlience
along
Tl'liitestoiic.
1:oa(1
11
iiito
aiid
along Alder Street ant1
thcw
termhating
0x1
the
A.D.
1906.
east side thereof
at
the
cntraiiw to
the
ITillhoust.
goocls
sicling
:
l'raiiir~-a~~
No.
5
(a
single line
aliout
1
furlong
5.
i5
chains
in
length) wliolly
in
the parish
of
Hndclersfield
coiiiinencing
in
I3rad
Road
hy
a
junctiou wiih
the
existing
tramway
of
the Corporation
at
a
point about
9
yards
iiorth
of
I
lcaiuiioiit
Street passing theiice
along
Hradforcl
lied
and
Ihauiiioiit Street into
niitl
along
Tlertls
lioacl
ancl thrre
tvriiiinatiiig
liy
a
junction
with
the
existiiig
tr;iiiiivay
of
thc
Corporation
:it
a
poiiit about
-0
yarcls
south
oE
Bc~niiiion
t
Strep
t
:
'l'vainr~aj-
Xo.
(i
(a
single line
aliout
3
fiirloiig5
1.23
c.haiiis
in
Iviigtli)
\~-holl\-
in the parish of I-luclclersfield coinnuicing
iii
Leeds
Ilod
hj-
a
j
uiiction with the clsistiiig tmiii\vay
of'
the Corporation
at
a
poiiit about
29
jwds
iiorth of'
Cf
asworlis
Street passing thence
along
Leeds
Road
C:as\vorlis
Street
ancl
into aid along
St. Andrew's
Road
aiitl
tliere teriiiiiizltiiig
on
the
west
side
thereof
at
a
point
abont
58
yards north
of
Tnrnbritlge
H
oad.
All
of
the proposecl tramways skiall be eo1istriictc.d
on
the
saiiic
gmge
a5
thrl
existing traiiirnys
of
tlic
Coipixtioii tlint is
to
say
on
a
gnuge
of
1
feet
7:
inches
aiid
there shall
iiot
ljc
imi
thercoii carriages
or
triiclis
adapted
€or
use
011
railways.
~
24.
'l'licx
tramways
shall
lm
conipletetl
withiii
five years
i'rom
I'eriod
for
the passing of this
Act
and
011
the expiration
of
tliat
periwl
the
cqnlp'etioll
or
works.
powers
by
this
,\et
granted
to
the Corporation
for
(~~~itiiig
the
saiiie
or
otlierwise in relation thereto sliall cease except
ab
to
so
iiiuch
tlieroof
as
shall then
be
completed.
25.
The
provisions of sections
26
to
33
of
the
'I'rani~vays
Apparatus
Act
1870
(except
so
iiiuch
of
section
28
as
relates
to
the
repair of
iid
mechamical
for
the
road
between
allcl
011
each
side
of
the rails of
a
traiiiwa~~)
shall
power
to
be
apply
as
if
all
posts
tubes
pipes
mires and
other
npparatns
used
cleemecl
part
or
to
lje
used
by
the Corporation
Eo].
tlic
piqoscs
of
meclianical
of
tramwagb.
poww
xwre
parts
oi
tlic tramways ancl sec$ioii
30
of
the
7'r:niiways
Act
1870
(except subsections
(3)
ant1
(5)
thereof)
shall
have effect
as
if wires
or
apparatus
laid
in
a
road
iiicluded wires
or
apparatus
erectccl
or
carried over
a
road or
footpath.
respect
to
any apparatiis
used
for
or in connexion
with
the wcrkiug:
~T~~~~~s
of
any
tramway
of
the
C'orporation anything which
is
calculatecl
26.
If
ally
person
wilfully
does or
causes
to be done with
Penalty
for
1
.T,
[Ch.
lxxxiv.]
N.r,lddersjieZd
Corporatim
Act,
1906.
[C;
EIIW.
7.1
to
obstrnct
or
interfere with the working
of
such
traniway
or
to
came
injury to any person
he
shall (without prejudice to any
proceedirigs by
way
of
indictment
or
otherwise
to
which
he
may
be
subject) be guilty
of
ail
offeiice
puiiirliable
on
samniary
conviction and every person convicted
of
such
offeiice
or
of
any
offence under section
with respect,
to
aiiy
tramway
of
the Corporation shall be liable to
a
peiialty
iiot
exceeding twenty
pounds.
A.D.
1906.
__
For
protec-
27.
The following provisions
for
t!ie
protection
of
the
London
fioll Of
ancl
North
Vestern
liailway Company (herein-after
relerred
to
as
Nortll
\\rc,t.
"
the
North
\Testern
Coinpany
")
sliall
unless otherwise agreed in
erll1t:Lilway
writing between the Korth TYestern Company
ancl
the Corporatioii
Cornpauy.
apply
aucl
have
ef1ec.t
:-
The Corporatioil
sliall
construct
and
maintain
so
rriuch
of
Tramway
Xo.
6
as
may
be
situate in Gasworks Street
where the
same
passes
over
Sir
John
Ramsden's
caiial
ol
tlie
Xorth
Testc>ni
Coinpany
so
as
not
in
aiiy
way
to
interferr with
or
iiijure
the
said caiial
or
the towing-path
aid
~~orlis
thereof
or
impede the safe
and
conveiiient
conduct
or
passage
of
traffic tliereoii
and
in.
case
of
any
sucli
interfererice iiij
nry
or
impediment the Corporatioii
sliall
make
fnll
compeiisation
in
respect thereof to the
Sorth
Weitern
Company.
do11
:11111
Appl?
,lig
28.
The
following sectioiis
of
the Huddersfield
Corpor
a
t
1011
'
i'C1
laul
?YO-
'l'raniways
Act
1900
an
the
Huddersfield
Corporation Tramways
.i,.t
of
1~10:)
Order
1903
shall
so
far as the
same
are
applicable
in
that
liehalf
:Llltl
()Ider
Of
mtl
are
not iiicoiisistent with the provisioiis
of
this
Act
extend
tlc,n,ways.
rliitl
apply
inutatis inutantlis to
and
in
relation to the trairin-ays
or
traii~i~iy
works
by
this Act
authorised
:-
7i-ionz
of
1%),3
a,>
to
Tlic
sa.d
Act
of
1900.
Section
8
(Inspection
by
Board of Trade).
Section
9
Section
10
Section
11
SeLatioii
I2
Secetion
13
(Passingpiacm
to
be constructed
where
less
than a certain width
left
between
footn-nj-
and
tramway).
(Trainrvays
to
be
liept
oil level
of
surface
of
(As
to
rails
ol
trmiwaysj.
(Further provisions
as
to coiistruction
oi'
traiii-
(I'endty
for
not
niaintaiiiing rails
aiitl
1.oatls).
road).
-\vags).
16
[G
Emv.
7.1
Huddcrsjield
Corpo~ation
A
et,
1806.
[Ch.
lxxxiv.]
Section
11
Section
15
Section
16
Section
17
Section 20
Section
21
Section
23
Section
24
Section
37
Section
39
Section
40
Sectioii
41
Section 42
Section
43
Section
-24
Section 45
Section
46
Section
47
Section
48
Section
40
Section
50
Section 56
Section
7
Section
9
(Power to inake additional crossings &e.).
A.D.
1906.
('l'einporary trainway
to
he
macle
where
(Power to
lay
down double or interlacing lines
necessary).
in place of single lines and vice versii).
constructing tramway).
(Corporation
may
reduce width of footway for
(Provisions as
to
motive power).
(Special provisions
as
to
use
of electrical
(Power to attach brackets &e. to buildings).
(Corporation may take
up
lines for purposes of
(Power
to
Corporation to work tramways).
(Traffic upon tramways).
(Corporation not bound
to
carry goods).
(Provision
as
to
carriage
of
animals goods
&e.
(Tramways
to
forin part
of
tramway under-
(Payment of t
011s).
(Passengers' luggage).
(As
to fares
on
Sundays or holidays).
(Cheap fares for labouring classes).
(Periodical revisioii
of
rates and charges).
(Byelaws).
(Ainendment of Tramways Act
as
to bye-
'
lntm
by
Corporation).
(Orders
&e.
oi
Board
oi
Trade)
;
and
(I'rovision
as
to general Trainway Acts).
power).
constructing others).
in
separate carriages).
taking of Corpora tion).
The said Order of
1003.
(Alteration
of
tramways)
;
and
(For
protectioii of I'ostmaster-G eneral).
I3
17
6.1
I;I<:l.>
1YOIK~.
29.
Snbjcct
to
the
provi5ioiih
01
tliis
,\ct
the
Corporation
in
the lilies
ant1
si
tuatioii
antl
upon
the
laiit
is
iii that behalf clelincatetl
011
the clepositetl plaiis
aiicl
c1escril)ecI in the tltyosited
book
of
reference
iiiny
if they tliiiik
fit
iiiake
;uid
maiiitain
wholly
in
the
liorongli
tlie follon-iiig street
wor1;s
(that is to
say)
:
--
Kork No.
I
.---The widening ant1 improveiiient
of
Cross
Lan~
on
the
east
side
thereof
coiiiiiienciiig
at
;L
point
aboiit
28
yards
soiith
of
Brook Street
and
proceeding theacc
in
n
northerly clirectiou to
ITestliourne
Road
aiicl
there
teriiiiiiatiiig
:
Work
So.
3.
-The widening
ant1
iniproveniriit
of
Rirkly
Hall
Road
on
the
north side thereof commencing at
a
point
about
36
yards
east
of Elmfield
Ilo,~cl
and
proceeding tlierice
in an easterly direction for
a
distance
of
53
yards
or
there-
abouts and there terminating
:
TYork
So.
:3.--The
~itlciiiiig aiid improveinelit of King's Jlill
hne
on
the
east
sitle thereof coiiimenciiig in Storths
at
a
point
al)oiit
14
yards
east
oC
Icing's Mill Lane
ancl
ternii-
iiatiiig
iii
Kitig'~
Mill
1,;inc
at
n
point,
almnt
15
yards
soiith
ol'
Stortl1s
:
VrOrIi
KO.
4-
-Tlie
wicleriing
antl
iniproveiiieiit of
1Yoocllieatl
lload
on
tlic
north-west
side
tliereof coiiiuieiicing at
a
point
ahnt
27
yards
south-west
of
Bridge Street and terminating
at
a
point
aliont
1
S
yards
sontli-west
of
Ihidge Street.
Power
to
in:ike
$trcet
\\
01
I
Limits
of
30.
Subject
to
the
provisions of tliis
Act
the
Corporation in
'aterEl'
and
the
construction of the street
vorks
by
this
Act
autliorised
inay
vertical
de-
\
i:ltio~~
for
deviate
laterally
€roiii
the
lines thereof
as
shown
on
the
deposited
iflcef
WXL-.
plaiis to
the
exteiit
of
the
limits
of
lateral
cleviatioii
shown
thereon
and
they
inay
deviate vertically €rom the limits
sho~vn
on'
the
deposited
sections
to
iiiiy
extent not esceeding two feet
npwarcls
or
tlown\~Tartls.
Power
to
idtc
sn\)si-
31.
Suljjcct
to
the provisioiis
01
tliis
Act
and
witlliii
the limits
clefined
on
the
deposited
plniis
the Corporation in connexioii with
the
street works
authorised hy this
Act
and for
the
purposes thereof
may
make jiiiictions and coriirnuiiicatioiis with any existing streets
which
may
lie intersected or interfered with
by
or
be
contiguous
to the
said
street
works
and
inay
n:ake diversions
wiclenings
or
diary
work^.
1s
[G
lhw.
7.1
Hirddc~sJieTld
Coipmtion
Act,
1906.
[Ch.
lxxxiv.]
alteratioiii
01
liiic5
or
leveli of
any
existing streets
for
the purpose
A.J.
1906.
of
coIincc+,ing tlie
saiiie
with
tlie
said street
works
or
of
crossing
-
iuicler
or
owr
the same
or
othern-ise and
inay
alter divert stop
iip
inclose
use
or
appropriate all or any part
of
any street
synare
plac~
court alley
or
passage Tvhetlier a thoroughfare
or
not
or
of
any
tlioroitglifai-e road lane
or
ay
or
of any clrain sewer or otlier
property
slio\vii
011
the deposited plans the Corporation 1)roviding
a
proper substitute before interrupting the flow
of
sewage in any
drain or sewer Provided that the provisions of section
305
oF
the Public Health -4ct
1575
(Coiiipeiisation in case
of
damage
by
local authority) sliall apply as
if
thc acts done under the authority
of this scctioii
nw-e
tloiic
in
exercise
of
the powers of that) Act.
upon the deposited
plans
inay
raise sink
or
otherxise alter or
‘Iter
step5
areas pipe3
cause
to
be altered the position of any
of
the steps areas cellars
kc.
windows and pipes
or
spouts beloiiging to any house
or
building
ant1
also
the draiiis mains and the leaden or other pipes
or
wires
which
for
the purpose
of
conveying water electricity
or
gas to
any house
or
other place shall
be
laid into
or
from
any iiiaiii cable
or pipe
laid
clown
by
the Corporation and inay remove all other
obstructions
so
as
the
same
lie
(lone with as little
delay
and
inconvenience
to
the inhabitants
as
the circumstances
of
the case
will aclmit
and
the provisions
of
sectioii
305
of
llie
l’ublic Health
Act
1575
shall apply
as
if the acts done under the authority
of
this sectioii TTrerc done in exercise
of
the
poxrers of that Act.
33.
And whereas
in
order to avoid in the execution and
Corporation
iiiaiiitenaiice
of
any
works
authorised
by
this Act iiijury to the
t::l::ei:d
houses
atid
buildings within one hundred feet of the
works
it
may
reqtlired
to
he necessary to underpin
or
otherv-ise strengthen tlie same There-
underpin
Or
fore the Corporation at their
owii
costs
and
charges may and
if
strengthen
required
by
the
owiiers
or
lessees
of
any
such
honse
or
building
1mses near
shall sulJject
as
herein-after provided imderpin
or
otherwise
strengtlieii the saine
ancl
the folloning provisioiis shall liave effect
(that is to say)
At least ten
clap
notice
slid1
iuiless in case of emergency
he given to the
omiiers
lessees
and
occupiers or
by
the
owiicrs
or
lessees
of
tlie liouse
or
building
so
intended
or
so
required to
be
iderpilined
or
other-
wise strengthened
:
(2)
Each such notice
if
given
by
the Corporation shall be
servecl
in
i~ianiier
prescribed
hy
section
19
of the Lands
Claitses
Consolidation Act
1545
and
if
given
by
the
32.
The
Corporation witliiii the limits of deviation defined
Power
to
otherwise
works.
n,.
19
A.1).
1906.
-.
owners
or
lessers
ol'
the prciiiises to
l~e
uiitlerpinnetl
ur
streiigtlieiictl
sliall
i)c:
sent
to
tliv
town
clerk
at
his
office
:
(3)
If
any ow11~~
lessee
or
occupier
oE
aiiy
si~cli
liousc
or
building or the C'orporatioii
as
the
case
mag'
require
shall
within
seven
clays
after
the giving
of
siicli
notice
give
a
counter notice in writing that
he
or
they
as
the case
inay
be disputes or dispute the necessity
of
such underpinning or streiigthening
the
question
ol
the necessity
shall
be referred
to
an
engineer
to
lw
agreed
upon
or
in case of difference
to
an
engineer
to
be appointed at the instance
of
either partj- by the
Board
of
Trade:
(4)
Such referee
slid
forthwith
upon
the application
of
either
party
proceed to inspect
such
house
or
bidding and
determine the matter referred to
him
and in the event
of
his deciding that
such
underpiniiing
or
strengthening
is
necessary he
mag
and
if
so
required
by
such owner
lessee
or
occupier shall prescribe
the
mode
in
mliich
the
snme
sliall
be
executed ancl
the Corporation
inay
ancl
sliall
proceed forthwith
so
to
miderpin
or
strengtben
the said
house
or
1)nilcling
:
(t7i)
The
Corporation
shall
be
lialde
to
coiiipeiisate
the
owners
lcwees
and occupiers
of
every such house or bidding
for
any
iiiconveiiience
loss
or
daniage
wliicli inay result
to them by reasoii of the exercise
of
the powers granted
by
this enactmelit
:
(6)
If
iii
aiir case in which any house
or
bidding shall
have
been underpinned
or
strengtlienetl
on
the
requisition
of the
Corporation
such uiiderpiniiing or strengthening
shall prove inadequate for the support
or
protection
of the house
or
building against further
injnry
arising
from the execution
or
use
of
the
worlis
of
the
C'orpo-
ration then and in every
such
case unless such
underpinning
or
streiigtlieniiig
sliall
have been
tloiie
in
pursuance of
and
in the
mode
prescribed
by
the
referee the Corporation
shall
iiialte compensation to
the owners lessees
and
occupiers
oi
such
house
or
building
for
such injury provided the
claim
for
coiii-
pensation in respect thereof
be
inade
by
such owners
within twelve months ancl by
such
lessees
or
occupiers
within
sis
months
froiii
the
cliscol-ery
thereof
:
20
(7)
Nothing
in
this enactment contaiiied nor
any
dealing
with
any
property in pursuance
01
this eiiactnwnt
shall relieve the Corporation
from
tlic liability
to
coinpelisate
unrler
section
cis
of the Lands Clauses
Consolidation Act
18-15
or
under
any
other
Act
:
(8)
Every
case
of
compeiisation to be ascertained under
this eiiactiiieiit shall be ascertained accorcliiig
to
the
provisions
of
the
Larids
Clauses Acts
:
(9)
Sotliing
ill
this
scction shall repeal
or
affect
the
applica-
tion
of
sect,ioii
92
of
thc IJaiids
(Ilauses
Consoliclation
Act
15-15.
34.
‘J’he Coipration
1iia.v
cluriny the execution and for the
ptirposej of
any
work
by
this ancl
the
last preceding
Part
of
this Act aitthorisecl stop
up
ai-1~7
street (not 1)eiiig
a
road or foot-
\\-ay
givitig
access
to any
passenger
01’
g00(1s
station
of
a
railway
company)
and
prei-ent ail prsoii” other than those lion2
fide
going
to
or
returning
ironi
aiiy
lioiiv in the street
from
passing along
ancl usiiig the
same
for
any
reasonable time The Corporation
sldl provide reasonable
a~cess
for
a11
persons
so
lion; fitle going
to
or
returiiiiig froni any
sitch
horise.
P1RT
v.
TlK!lIXICAL
COLLEGL;.
35.
The C‘orpoi~ation inay alter
onlai~ge
extend
aiicl
improve
the Teclinical College and
foi.
sdi
piii.pose
niay
purchase
and
acquire
by
agreeinent any laiitls
adjoining
or
in the neighhour-
hood thereof and iiiay appropriate
aiitl
use
such
laiicls
for
the
said
purpose
ancl may erect thereon
ancl
furiiisli equip maintain
ailcl improve any buildings necessary
for
or
in coiinexion with
the
said
college.
1’111T
VI.
LASUS.
36.
Subject to the provisions
ofl
this
Act
the Corporation
A.D.
1906.
7.
1
C11lpo”11
y
stopptge
of
street,..
Power
to
ex-
teud
Tcc1in’-
CRI
College.
Power
to
-
niay enter
upon
take hold and
use
all
or
any
part
of
the lands
:,~~~~~:~~.
delineated
011
the deposited
plans
and
clebcrihed in the deposited
1,oolc
of
id’ereiic~ wliich they require
for
the
tramways street
works
aid other
piirposes
hy
this
Act
anthovised
or
(in the
case
of
the 71-idening
or
iniproving
of
aiij-
existing street)
for
the
providing
of
space
for
the erection
of
buildings ad.ioiiiing
or
near
to
aiiy such street.
21
m:1y
gl’all
t
&,
c
.
enseiiieri
t
s
Owners
may
be
required
to
sell
parts
oiily
of
cer-
tain
lands
and
hild
-
iiigs.
any easement right
or
privilege (not
being
;in
easenien
t right
or
privilege
of
rater in which persons other tliaii the grantors
hare
an
interest) reqiiircd
For
the
purposes
of
this ,4ct
in
ovcr
or
affectiiig
any
siicli
lailtls
ancl
the provisions
of
the haid Acts
mitli respect
to
laiitls
ant1
rentcharges
so
I’ar
as
the
me
are
applicalde in this liehalf
shall
estciicl
alltl
apply
to
stlch
grants
and
to snch easeinclits rights
and
privileges
as
aforesaid
respectively.
38.
TThereas
iii
tlie constrnciioii
of
the
I\
orlis
11)-
this
LL\ct
aiithorisecl
or
otherwise in the exercise
hy
the Corporation
of
the
poITTers
of this Act it
iiiay
happen
that
portions
only
of certain
properties sho~rii
or
partly sliowii
on
the deposited plans
will
be
si&icient
for
the
pnrposcs
of
the
C‘orporatioii
aiicl
that
such
portions
or
some
other portions
less
than
the
irhole
can
be
severed
from
the reniaiiider
of
the
snit1
properties n-ithont inaterial detrimeiit
thereto Therefore the follomiiig proririons shall liti~e effect
:-
(1)
Tlic
owler
of
aiid persons iiiterestecl in an~-
of
tlie
properties
wliereof
the whole
or
part is described in
the
scliedule to this Act
and
whereof a portion only
is
i-ecluirecl
for
tlie prposes
of
the Corporation
or
each
or
any
of
them
are
horein-after
inclnded
in tlip term
the
owiier
”
aiicl
the said properties
are
herein-after
reierred
to
as
“
the
scherluld
properties
”
:
<<
(2)
If
for
tw.cntp-one
dags
after the service
of
notice
io
treat in
respect
of
a
specified portion
of
any
of
the
scheduled
properties the owner
shall
fail to notify in
writing
to
the Corporation
that
lie
alleges
that
such
portion cannot
be
severed
from
the
rrmaiiicler
of
the
property without material detrimeiit thereto
he
111ay
lie required to sell
aiicl
coiivey to the Corporation
such
portion only \vi thont; the Corporation lxiiig obliged
or
compellable to
piuchase
the n-hole the Corporation
paying
for
tlie portion
so
taken arid making coln-
pensation
for
any
clamage sustained
by
the
o\mer
by
severance or othei-~~ise
:
(3)
If
within
such
twenty-one
days
the
owner shall
109
notico
in writing to the Corporation allege that such portion
caiinot
lie
so
severed
the jury
arbitrators
or
other
22
authority
to
whoin
the questioii
of
disputed coin-
ii.l>.
1906.
peiisatioil shall
lie
iubniittecl (hcreiu-after referred
to
as
''
the tribiuiid
")
sliall
in
aclclitioii to the otlier
qiiestioiis required
to
lx
deteriiiiiiecl 1)y it
t1etci.uiiiie
whctlicr tlic portion
of
tlie
schetliiletl
properties
specifid in tlie 1iotic.e to treat
caii
l~c
scverwl
fro111
the reiiiaintler without iiiaterial cletriiiieii t thewto
ancl
if
irot
I\
1ic.tlier
niiy
and
wliat
otlier
portion
less
tliali
the
\\-hole
(hiit
iiot
exceeding
the portioii
owr
idiicli
the Corporation have coiiipiilsory po\vcrb
of
purchase)
call
be
so
severed
:
-
(4)
If
tlie tribruial
cleteriiiinc
tht
the
portioii of tlie schedulecl
pi'operties spec:ifiecl in the notire to treat
or
any
such
other portion
ab
aforesaitl
can
he
sr~c~ecl
hoiii
tlie
reiiiaintler
w
itliou t
lira
terial
(le
trinien
t tlicre
t
o
the
owner
iiiay
be
reciiiirecl to
sell
ancl
coiivej.
to
thtl Corporatioil
the portion which tlic tribiuial sliall
have
cleteriiiiiictl
to
lie
so
scverabie
\\-ithoLtt the
(
'orporatioii being
o1)ligecl
or
cc~iiipellablc
to
purehabe
the ~\-holc the
Corporation paying
siicli
siiiii
€or
ilie portion talieii
bJ-
theiii iiicludiiig conipeiisatioii
for
ally
clainage
sustained hj-
the
tiwirer
1'3'
severillice
or
othervise
as
sliall
be
anxrdccl
l~y
the
t
i-il~iiiial
:
(5)
If
the tribuiid determine
that
tlit-'
portion
of
tlie
sc~hedulcd
properties specifietl in the iiotice
to
treat
cnii
notwitli-
staiidiiig
the
allegatioii
ol
the ov-iier be severed froiii
the
remainder
without iiiaterial detriment thereto
the
tribuiial
iiiay
in
its
ahsolutp
tlisci*etion
tleteriniiie aiicl
order that
the
costh
chargcs aiid
expeiises
iiicitrred
lij7
tlie
owner
iiicicleiit
to
tlie arl)itratioii
or
inquiry
slid1
lx
Ixmw aiid paid
by
tlie
owi~r
:
(6)
If
the tribmial cletelniine tliat
the
portion
of
the scheduled
properties specificcl in the iiotice to
treat
caiiiiot
lx
se
verecl
froin
the reiiiaiii
(I
ei.
n-itlio
11
t iiiaterial detriiiieiit
thereto
(aiicl
~lietlier
or
not t1ic.y
4dl
deteriiiiiie that
aiij- other portion
can
lw
ho
scv~retl)
the Corporatioil
may
withdraw their
iioticp
to
treat aut1 therenpoii they
shall
pay
to the
owner
a11
costh
charges and
expenses
reasoiiably
aii(l
properly incurred 11y hiiii in
consequence
of
sucli
notice
:
L).'
U4
-3
AD.
1906.
Period
for
compulsory
purchase
of
lancls.
Power
to
purchase
additional
laiids
by
agreement.
Correction
of
errors
&c.
ill
deposited
plans
aid
hook
of
rcfereiice.
(7)
If
the
tribunal
(letemline that tllc
portio11
of
tll~
5c.hctlnled
properties specilied
iii
tlic notice to trwt
caiinot
lie
severcc1
from
the
reinaintler
withit illaterial detriment
thereto lint that any
siwh
other
portion
as
aforesaid
can
he
so severcc1 the
C'orporatioii
in
ca5~
they
shall
not
withdraw the noticc to treat sliall
pj-
to
the
omiier
all
costs
charges
ant1
espcnrci
reasoiial~ly
;uid
prope1.1y
iuciirrecl
by
him
in
coiiseqitciice
ol
siich
notice
or
siicli
portion
of
sncli
costs
charges
aiitl
exp
trihmal
shall
haviiig
regard to
tlie
circuiiistances
of
the
case and their filial cleterinination think
fit.
The
provisions of thii section
shall
I)r
in force iiot~~rithstaiitliii~
aiiythiiig
in
the
Lands
C%uses
(
'onsolidatioii Act
IS45
contained
and nothing coiitaiiied
in
01-
dolie imder this section rhall
be
lield
as determining
or
as being
or
implying
an
admission that
any
of
the
scliecli~led
properties
or
ally
part
thereof
is or
is
iiot
or
hiit
for this section
mould
or
~voixld
iiot be subject to the prorisioiis
of
section
92
of
the
Lands
('lauses Consoliclation
Act
1845.
The provisions
of
this section shall
be
statetl in
every
iiotice
given tliereiiiit1e.r
to
sell
ail(
1
convey
ally
premises.
39.
The
powers
of
the C'orporntion
for
the coiiipalsory pur-
chase
of
laiicls
under
this
Act shall
iiot
be
exercised
alter
tlie
expiration
of
three years
from
the passing
of
this Act.
40.
The
Corporation
in
addition to aiir
other
lancls
dich
tlier are
hy
this Act nutliorisetl
to
acquire iiiay
I'roni
time to time
by
agreement
pnrchase
take
on
lease acquire aiicl
hold
for
tramway
purposes any lands
not
exceeding in the
wkiole
five
acres
Provided
continuance
of
any
nuisance
oii
any
such
laiids
or
use
siich
lands
for
any lmildings
except
offices
and
tlwellings
lor
persons
in
their
employment
ancl
such lmiltliiigs ancl
works
as
iiiay
lie
incident to
or connected with their tramway uiiclertaking.
that the ('orpomtioii
shall
not
create
or
permit the
cre
a
t'
1011
or
41.
If
there
be
any
omissioii mis-statement or
n.rong
descrip-
tion
of
any
lands
or
of
the
owriers
lessees or occupiers
of
any
lands
shown
on
the deposited
plaiis
or
specified
in
the deposited
book
of reference the Corporation after giving ten
days
iiotice
to
the
owners lessees and occupiers
of
the
land
in
qeestion
inay
apply
to
two
justices (not being niembers
of
the C'orporation) for the
correction thereof and if it appear to the justices that the omission
niis-statement
or
wrong description arose from mistake they
shall
24
ct.1.t
ily
the
\Lime
ac.cortliiig1y
aiicl
t1ic.y
sliall
iit
Ilieii,
c.crtiiicate
A.U.
I
state tlic
parti(-rilar~
of
the oiiiissioii
aut1
iii
\\.hat
)CCt
iLIlJ7
sric.11
~natter is iiiis-state(1
or
\I
roiigly
tl
ribt3l
ancl
snc.11
certific.atc
s11;dl
t)c
tlepositetl with
the
clerk
of
tlic
peace
for
tlic
TYc'ht
Riding
oi
tlic
coimtg
of
lrorli
aiicl
a
tliiplicate tlwrcof' shall
also
Iir.
tlcpobitc.tl
witli
the
town
clcrli
and
bncli
certificate and
cliiplic.ate
I
slid1
be kept
IJJ
tlie
saitl clerk
01
tlic
peace
aiitl to\rii
t.lcrli
~vitli
tl1~
otlier
tlociiiiieiits
to
\vh
icli
tho
mine
relate ant1 thewnpoii
tlic
chipo5iilec
t
piails ancl
1~ooli
of
reference
slid1
be
cleciiicd
to
I
corrected aworcliiig to
siicli
certificate
aiicl
it
shall
lip
ltiwi'iil
for
the Corporation
to
tallcl the lands ancl cxecrite
tlie
\~-orks
in
accordance with such certificate.
A
copj?
of
or
aii
eltract
froni
such certiiit.nte prirportiiig
to
be niider tlie
liaiitl
oC
tlic
clc~l;
of
the peace aforcsaicl (n.hic.11
copy
or
extract
slrall
be
given
\vlicii
requirecl
iuitler his
haiicl
to any person interested)
shall
11c
corichsiw
cvi
c1eiic.e
oF
such
correction.
42.
Notwithstantling
anytliiiig
iu
the
Lands
Clanses Acts
or
in
rolycr
tc,
-('"
&o.
liilld~.
any
other
Act
or
Acts
to
the
coiitrary
the
Corporation
inay retain
liolcl
and
use
for
such
tiiuc
as
thy
niay
tliiiili
fit
01
niay sell lcase
escliangc
or
otherwise
clispose
of
in
snch
nianiier and
€or
such
coiisitleratioii
aiicl
purpose
aucl
on
such
terms aiitl coiiclitioiis
ab
the- inay
tliiiili
iit
aiicl
iii
case
of
sale
eit>lier in consideration
of
the execution
of
\vorks
or
oF
the papielit
of
a
gross
sum
or
of
an annual
rent
or
of
any
payineiit in
any
other
form
ally
lands
or
any interest therein acqiiired I?y tlielil 1:iidcr this
A\ct
ancl
may
sell
exchange
or
clispose
of
any
reats
resw-wtl
oil
the
sale lease
exchange
or
other
clispositioii
of such
laud.,
or
interest therein
and
niay iiialie
clo
aid
execute
airy
cleetl
act
or
thing
proper
for
cffectuating
any
sitcli sale
lease
escliaiige
or
other
tlispositioli ancl
011
any
exchange inaj- give
or
take
aiiy
iiioiicy
lor
cCju:ility
of
exchange.
43.
So
long
RS
any
laiitls
reniaiii
to
1)r
acquired
by
the
Proceetls
of
Corporation
iuiider
the authority
of
this ,\ct tliep
inay
so
far
as
'"le
o,f
W-
plus
Im&.
they consider
necessary
apply
aiiy
capital iiioiieys received by
thein
on
resale
or
escliaige
or
IIJ-
leasing
as
aforesaid
of
laiids
acquired under this in the
piircliase
of
lands
so
reiiiainiiig
to
be
acquired
but
as
to capital inoiieys
so
reccivetl
ailcl
not
so
applied
the Corporation shall
apply
the
same
in
or
towarcl the extinguish-
inelit
of
any
loa11 raised
by
them iuiider
the
powers of this
Act
and
siucli
applicatioii sliall be in
addition
to
and
iid
in ~ul~stitutioii
25
AL).
1
!Mi.
lor
any
other
iiiodc
of
extingiiishiiiciit
bj7
tli
i:,
kt
providetl
except
1,ocal
Goveriiiiieiit
Goarcl
__
to
srtch
cste11t
ancl
11poii
sltcll
ternis
as
illay
I)C
a~'l"'o\-ed
ly
tl1c
I'roviclecl
that
--
(I)
Tht.
aiiioiiiit
to
lie ap'pliccl iii
the
piirc.lia+e
ol
lands
iiiiclcr
this
sclctioii
sliall
iiot
esceecl
tlie
;iinount
for
the
tiiiic
Iwiiig iuicslinristecl
ui
tlic 1Jorrowing
poi\
e~s
coiifcrrcd
1))-
this
Act
for
tlic purpose
of
such
1>11rc*liasc
:
(2)
'J'lte
l~o~ro\;.iiig
powers
conl'crretl
by
tliis
Act
for
tlie
p~ir-
pobe
of
snch
pitrcliase
sliall
be
reclucccl
to
the
esteiit
ol'
tlic
aiiioiiiit
applied
iii
tlic purchase
ol
lsiic~s
uiicler
the l~ro~isioils
of
this
section.
44.
The
C'oiporatioii
iiiay
niake
aiicl
carry
into
effect
agree-
iiieiits with
aiiy
coiii1xiiiy
l3ody
or
person
n-ith
regird
to the
iiiaiiiier
in
ivliicli the street wiclciiiiig.; sliall
lic
consti~ucted
or
n-itli
regai~l
t
o
tl,e
t~eco~~iniodatioii
Troric;s
tlic
levclliiig
ailcl
filling
iip
of
the
laiitl
fronting
oii
tlie
wicklied
streets
or
aiiy
other
iiiat
tei~
coiiiicctecl
with
tlie
cwistniction
of
tlic
saiiie
or
tlic
piircliase
of
laiicls
for
tlic
piirposes
of
this
Act.
with
Inll
'-
o\\
11eI'z.
For
1,rotec.-
tioii
of
Joitti
Ricltai
&on.
45.
For
the piirpoac
of
iiiakiiig the wicleiiiiig
aiitl
iiiiprove-
iiieiit
(\\rorl~
KO.
;I)
by
thi,
Act
authorised
tllc Corporatioil
shall
iiot
except Tvith the coiiseiit
of
Johii
Richardsoii
or
other tlie
owiier
acquire
so
much
of
tlie
property
nmiil~,ered
on
the deposited
plm5
for
tlie
parish
of
,\liiio1itll1ur~
32
as
is bituate
to
the
cast
ol'
tlic
proposetl
liiic
of
J'ront;ig.r
of
King'"
Mill
Lane
as
sllo\vii
on
the
said
plaiis.
ELIX
rimi'i
1
1tq)C:tl
01
46.
Sectioii
3-1
(Power
to
suplily
clectric fittiiigs)
aiicl
section
$5
(Xaterials
aiitl
fittiiigs supplied
by
C'orporatioii
to
l)c
:{lit1
S;i
of
ilct
or
LCIO~.
frce
from
distress)
of
the Iluclclersfield Corporation
Act
1902
arc
licrcby
repealed.
l'O\V(~I
to
47.-(1)
The
Cjoqjomtioti
maj-
within their
limits
of
Lupply
of
electricity
provicle
sell
let
for
hire
ailcl
fix set
iip
repair
;iiitl
\llppl>~
rlvc*-
Illotor+
kv..
rciiiovp
lmt
shll
not
iiiaiinfactiu.~
lanips
iiieters electric lilies
liuscs
switches iittiiigs lmiipliolcler~
iiiotors
aiicl
otllet. apparatus
;itit1
things
for
lighting
aiid
motive
pov
er
ancl
for
all
otlier
pur-
poses
for
which electrical
ciiergy
cui
or
may
be
used
or
other\\-iscl
necessary
or
proper
for
tlie
supply distribution
consuiiiptioii
or
use
of
electrical
energy
aiicl
uiay
provicle all iiiateJ.ials
allcl
clo
all
.ec'ticJll\
,<4
tric-
fittitic:.
26
works necessary
or
proper in tllat
behalt'
alld
lllay
rcc[uirc
ant1
A.D.
1C06.
take
such reiniuieration in money
or
such
rents
ancl cliarges
foy
aiicl
iiiake
such
teriiis
and coiiditioiis with
rcspect
to
the
salc
letting fixing setting
up
altering repairing
or
renio-\-iiig
of
such
Iaiiips
meters electric lilies
€uses
switches fittings
laiiipliolders
iiiotors aiid other apparatos ancl things as aforesaid
aiicl
for
securing
(both
as
regards the consuiiier
ancl
third partics) their safety aiicl
retrurii
to
the Corporation
as
the Corporatioil
niay
tliinl, fit
or
;is
may
1,e
agreed
upoii betm-een tlieiii
and
the
persoil
to
or
for
whoin
the
sallie
are sold supplied let
fixed
set
up
altered repaired
or
rellloved Provicled that it shall not be
law€ul
€or
the Corporation
to
expeiid money (excepting throiigh a contractor)
upon
the
pro-
visioll
of
the
labour
requirccl
for
the wiring ant1 fixing
of
electric
light fittings upon the premises
of
their consiimcrs
or
prospecti\-e
coiisuniers
or
upoii
the
prorisioii
of
lnnips
fuses
switches fittings
lampholders
and
other apparatus and things
for
lighting
lnirposes
Provided
further
that nothing in this section
5hall
prevent
tlie
Corporation conipletiiig the service line ljetweeii their supply uiaiiit,
aiicl their
owii
apparatus upon any
such
comuniers' premises
Provided
always
that llie Corporation sldl
bo
adjust
the
rents
and charges
to
be made by them
for
electric light fittings aid
the viriiig in connexioii therewith
as
to iiieet
any
expenditure
by
thein under the
powers
of'
this section in
connexion
tl~erewitli
(iiicludiiig interest upon
any
iiioiie~-s borrowed
for
those
purpose5
alrd
all
sums
applied either
by
way
of
iiistaliiieiits
or
by
Tiray
of'
p:iyliieiits to sinking fund
for
repayiiieiit
of
moneys
so
borron-ed).
(2)
Any
expenses incurred
by
the Corporation in
carryiiig
illto effect the provisions
of
this section shall
be
deemed
to
be
evpeiises incurred
by
the Corporation micler the Electric Lightirig
-4ct
1SE2
ancl
not otherwise provided
for
and the pro\Tisions
of
sections
7
and
S
of
that Act shall extend and
apply
accordingly
to
such expenses
and
any
nioiiey received
by
the Corporation under
this section shall be applied in
niaiiiier
provided
by
sectioii
52
of
the Huddersfield Electric Lighting Order
IS90
except capital
moneys
which shall be applied in manner provided
by
section
52
of
the said Order.
___.
48.-(1)
Every
suni
charged
by
the
Col-poratioii
to
a
con-
cllayged
for
suiiier in respect
of
the
wiring and fitting
of
the premises
of
electric
light
fittings
to
be
such
coilsumer
€or
lighting purposes
and
the
supplyiiig
of
electric
sl,owll
light fittings shall he clearly stated
on
every tleriland
note
by
rately
011
the
Corporation
for
payment
for
electrical energy supplied
to
such
consumer distinct
froin
the charge
for
such
energj-.
detnaiid
note.
27
aiiy- part
of
such
footn-ay
other
tliaii
tlie
part
over
which
sncli
A.D.
1906.
coiiunniiic;ition
lins
l~en
111adr
I1e
shall
IIC
liable.
to
a
penalty
not csccetliiig
Yoity
sliilliiigs
iii
adtlition
to
tlie anioniit
oJ
clcuiiage
(if
my)
cloue
to
siicli
footway
l’rovitlecl that thi.; swt ion shall
iiot
bc
cleeiiictl
to
apply
to tlie te1iipor:ir~- crossiiig
oF foot\\-nj-s
during lxdcliiig operations
if
niems
satisfactory to tlie
C‘orpo-
ration
be
tahrii
to
protect such footwa7-s
from
injury
and
for
the
coiiveiiierice
of
tlic foot
passcngei-s
l’rovicled
further that
this
section shall
not
apply
wliea the
Iantl
iiiuuediately adjoining
sncli
crossing
or
iootway is
used
solely
for
agricultural
purposes.
or
footpat11
so
as
to olJstruct
or
interirrc \ritli ally pole
wire
or
.‘lru’)s
o’er-
other
work
used
or
intended
to
be
usecl
in coiiiiesion with any
\tleet..
trairin
ay
or
the light
iroiii
any
public
lanip
or
to interfere
with
vehicular ti*affic
or
v7ith
the
free paisagc
or
comfort
of
passcngers
the Corporation iiiay
serve
a
notice on tlic on-iier
of
thc tree
hedge
or
shrub
or
on
the
occupier
of
thc preiiiises
on
whicli
s
ncl: tree
hedge
or
shrub is growing requiring him nrithiii seveii
days
to
lop
the tree
hedge
or
shrub
so
as
to prevent such obstrnc-
tioii
or
interference
ancl
in defanlt
of
compliance
the
C’orporation
iunp
tlicmselves
carry
out the requisition
of
their notice l’rovidetl
that the C’orporatioii slid1 not
in
tlie
eseicise
of
the
powt~rs
01
tliis section
(lo
uiiiicc
:try
daiiiage to
any
hncali
trees
and
shall
nmko
coiiipeiisatioii to auy
perscns
~110
ii~y
sitstain
tlaiiiagc
by
the exercise of tlie powers
conferret1
by
this
section.
51.
\\'here
auy
trec
Ii~~tlge
or
5hrnl)
ovcrhiigs
ariy
street
Tree5
or
lixiiging
52.
The
Corporation may grant
to
the
omicr
or
with consent
Power
to
of
tlie
owner
to
the
lessee
or
occupirr
of
any
preiiiises
aIxittiiig
Cor~’orntioll
011
any
street
repairable
by
the
iii1i;ihitniits
at
large
a licence
liceilces
for
to
use
a
way
(exclusive
or
otlierwise)
for
hiiiisclf
Iiii
scrvants
‘)ri(kcs
owl’
aiicl agents at all times
with
or
without cattlc
horsrs
carts aiicl
carriages
1)s
means
o€
a
Ciritlge
over
siich
strwt
for
sncli
teriii
as
shall
11e
co-extensive
n.itli
or
less tliaii the iiiterest
or
sii~li
owner‘
1esic.e
or
occupier
in
the
premiscs
in
respect
of
~vliich
such
licence shall
be
given
bnt
not
exceediug tn-enty-one years
on
sucli
teriiis
or
at
siicli iwt
aritl
with
iuicl~r
and
subject to
snch
covenants conditions aiid agrcwiieiits
;is
to tlie C’orporation
iriay
seem
fit
Provided
that
any
licciice gi\-en
iui(1er
tliis power
shall not
in
any
way
iiiteifere vith the convenience of
persons
using such street
or
affect the rights
of
the
o-miers
of the
propprty
acljoiiiiiig and
up
to
tlie
line
of
tlie
street,
If
aiiy person shall
construct any sucli bridge without such licence
or
sliall not coil-
struct
or
use the saiiie in accordaiice with the
terms
aiid conditions
to
grnut
itreetq.
29
A.1).
1~6.
01
tlici
1icc.iice
he
sliall
I,e
Iiahlc
to
a
pciialty
iiot
excecdiiig twenty
poiuids
aiicl
to
n
daily penalty not exceeding
five
pounds.
__
Alii
cndnieu
t
53.
‘l’hc
powers
giveii
by
section
1!)
o€
the Public Health
Acts Anieiidineiit Act
1890
in
rclatioii
to
two or more houses
lrenltil
Acts
belonging to tliffereiit
owiiers
shall extend aiicl
apply
to two
or
Alnelldment
more
houses
1Jeloiigiiig to the same owner.
Act
1890.
Corporation
54.
If
it appear
to
the Corporatioii that
two
or
iiiore
houses
may
inay
be drained more economically
or
advantageously in com-
Iiouses
to
bc
clr2iinect
ily
a.
liiiiatioii than separately
ancl
a sewer of sufficient size already
co*llbirlecl
exists
or
is a1)out to
bc
constructed within
one
hundred feet
of
operation.
aiiy
part
of
such
houses the
Corporation
inay
when tlie drains
of
such houses are first laid order that
such
houses
be draiiied
liy
n
coiiibiiied clrain to
bc
constructed either
by
the Corporation
if they
so
clccicle or by the owners
in
such maimer
as
the
Corpo-
ration
shall
direct
aiid
tlie costs
aiid
expenses
of
sncli
coiiibinetl
drain and of tile repair aiid iiiaiiiteiiance tliereoP
shall
be
appor-
tioned betn~een the
owners
of
such
houses in such inanner
as
the Corporation
shall
deteriiiine
ancl
if such draiii is constructed
by
the Corporatioii
snch
costs
and
expenses may be recovered
by
th
ci
C’orporation from
such
owners suniiiiarily
as
a
civil debt
Ally coiiibinecl drain constructed
in
pursuance
of
this section
slinll
for
the
purpose
of
the Pitblic
Health
Acts be deemed
to
be
a
clraiii
aiicl
not
a
sewer Providecl that the Corporatioii
shall
iiot exercise tlie ponrers conferred
by
this section in respect of
any
house
plans for the drainage
of
which shall have been
previously approved
by
the
Corporation.
of
section
19
of
l’uldic
1Legula
tioii
ilustbitls*
55.
The C’orporation niay
by
notice in writing require tlie
omier
or occupier
of
any dv-elling-house 11-arehonse or
shop
to
provide galvanised
iron
clustbiiis in lieu
of
ashpits
or
aslitnljs
or
other
receptacles
for
refuse niid
sucli
bins
shall
he
of
such
size
aiitl
construciioii
as
may be approved by the Corporation
aiicl
aiij-
owner
or
occupier
wlio
fails within fonrteen
days
after
notice
given to Iiiiii
to
comply with tlie requirements
of
the
Corporatioii shall for
cvery
sitcli
offence be sitbject to
n
penalty
not exceeding tn-enty shillings aiid to
a
daily penalty
not
esce~tliiig
five shilliiigs
:
I’rovitld
that
this section
shall
not
apply
to
any
ashpits
or
any
ashtubs
or other receptacles
for
refuse in use at the
com-
iiienceiiieiit of this Act
so
long
as
the same are of suitable size
aiid coiistructioii
ancl
in proper order
and
condition.
30
PART
IX.
A.U.
1906.
__
C’omoy
LOTX;TNG-HOL
SCS.
56.-(1)
Sotn.itliitantliiig aii~-tliing
iii
the Piiljlir 1Tealtli Act
Rpgistratiou
of
coiiimoii
IS75
the
i.egistratioii
ol
a
coii~ii~oil
lodging-hoiire
or
oF
the li~~pei,
,oc,miug-
of
a
coiiiiiioii
loc~giiig-house
s!iaIl
operate for oiie
year
only and
dses
awl
application for
tlle
reiieival
of
such
registration shall lie iiiade
keepers*
to the Corporatioil
oii
or
previous to the thii$r-first
day
of
Uecenibei-
in
every
year.
(2)
-(
\)
7’lic Corporat ion
inay
iiot~~itlistaiirliii:: the provisions
of
section
78
of
the
Pitblic
Healtli Act
1573
refiiye to register
or
to
re-registcr
;my
person
as
a
coiiimoii
loclgiiig-house keeper
imless they
are
satisfied
of
hi:, chat*;tctw aiid fitness
Por
the
position
:
(B)
Aiiy person aggrieved
by
snch
refirial
may
appeal
to
a
court
of
sumiiiary
jurisdiction within fourteen
clays
after
such
refiisal provided
he
give twenty-Fonr hours notice of
such
appeal
and
of tlie
grwuiicls
thereof
to
the
town
clerk
aiitl the
court
shal!
have
power
to
iiiake
such
order
ai
tliey
iiiay
thiiik
iit
aiiri to
aT~~arc1
costs.
(3)
Every
person
~17110
n-itliont 1)Piiig I-cgiitcred
iii
x~cor(1aiic~
with the
Pii
blic
IToaltli
Act
1S75
an(1 this Act
sliall
1iec.p
a
(wiimioii
lotlging-hoiise
\vi
tliiti
the bor011gli
aiid
cvery
pcwon
n-ho
after
the
thirty-first
clay
01
Dcceiiiber
1906
shall
li
coiiiiiioii loclging-house n~ithout the registration
of
snclt person
ant1
of
such
house being renewed
€or
tlie tlicn
cnrrent
$-ear
sld
l)c
liable
to
a penalt~ not
exceerliiig
fiw
poiiiicl::.;
mid
to
a
(]ail)-
penalty not esceeclirig
forty
shilling::.;.
57.
The
keeper
of
every
coiiiiiioii Iodgiiig-house sliall
rcsitlc
Regulations
constantly aiid remain 11c~t~~ee.n thc liours
of
ijine
o’clocli
in
tIie
to
aftcriiooii
and
six
o’c1ocIi in
the
forenoon in
sucli
Iionse
ant1
llouee
shall
iliatiage control
aiitl
exercise
proper
snpervision
over
tlle
kec~ers.
same
aiicl tlie iiiinates thereof
except
at
such tiincs
as
home
otlier
person appointed
by
Iiim
for
that purpose
and
whose lic21iic is
rclgisterecl at tlie
office
01
the
(‘orporatioii
shall
lvitli tlie approval
of
the Corporation in vritiiig uiider the
ha11d
of the town clerk
(which approval aiitl
regis1
ixtioii sliall lie rerorable
113-
the
Corpo-
i~~tioii)
reside
ant1
remain in
snvh
house
aiicl manage control
aiicl
exercise
proper
supervision
oyer
tlic same and the iiiniates
thereof
a:,
the
case
may
be
aiicl
any
person
who
shall
offend
mon
lodgiiig-
31
Sanitary
co~ive~~ieuc~e~
in
coiniiion
lodging-
hollies.
58.
Every
coiiinioii
lodging-house vhether registered before
or
after tlie pashiiig of this Act
shall
l~c
provided with sufficient
sanitary miiveiiiciices
haviiig
regnrc!
to
the
ii-culilier
of
lodgers
who
may
be
reccived
in
siich
coniiiion lodging-house
aid
all
waterclosets
ant1
urinals
shall
be provided with
a
proper water
supply laid
011
for
flushing
purposes.
Any
keeper
of
zt
coiiiiiioii lodging-house who
shall
make
default
for
twenty-eight
days
in
coinplj-iiig with
a
notice from
the Corporation requiring
hiiii
to
coniply
with
the provisions
of
this section
shall
lie liable to
a
penalty not exceeding
forty
shillings
aiid
to
a daily penalty not exceeding twenty shillings
The expression
''
sanitary conveniences
"
in
this section includes
iirinals waterclosets
aucl
ang
siniilar
coil
venience.
Corporation
59.---(I)
TTlien
a
person in
a
corninon lodging-house is
'n:LJ
rcll'ove
siiffcriiig
from
:my
claiigerocis infectious disease the Corporation
.ick
p(vsoii
in
comll,o,l
iiiaj~
on
tlic certiiicate
of
the
iiiedical officer
or
of
any
medical
lodging-
p1-ac1 itioner tliat
tlir
patient
may
be
reiiioved without
iintlue
risk
~r,~,uit:Ll
,c~,.
ancl
without
fiirth~r
marraiit than this Act
callbe
such
person to
be
remoretl
to
a
hospital
or
infinnary with
the
coiiseiit
of
tlie
autho-
rities thoreof
where
tlifferent from
the
Corporation but
if
reiiiovai
lie considered clangerons to life
by
sucli
officer
or
medical
pracii-
tioner
ancl
is
so
certified
no
lodger shall be admitted
to
such
lodging-lioitse
ruitil
it
is
certilied
by
the iiiedical oflicer
free
froiii
iiifectioii
and
the Corporation iiiay
so
far
as
they
think requisite
for prcrent ing
tlic
sprd
of
clisease
cause
any
clothes or beddiiig
iisctl
by
snch
persoil
to
l~c
disinkctecl
or
destroyed aiid
shall
pay
to
the
omi~rs
of
the clothes
aiid
betlcliiig
so
disiiiiected
or
clestroj-et1
rcasonalie
coniprnsation
for
the
iiijnry
or
tlestrnctioii thereof.
llollse
to
(2)
The
Corporatioil
sliall
pay
reasonable compensation
for
the closing
of
a
coiiiinoii
lotlging-lionst? niirler tlic pi.ovisioiis
of
this srction.
Sotice
to
60.
Sotice of the provisions
of
this
Part
of
this
Act
shall
cotnllloll
servecl
upon
the keeper
of
every
coiiimon
lodging-iiouse
lotlging-
11
011
se
either personally
or
by leaving the saiiie
at
the coiii~iion
lodgiiig-
keepers.
liouse.
32
I
s7
of
PART
X.
TWECTIOUS
I~.ISEASE.
A.D.
1906.
61.
Tlie provisions
of
section
126
of
the ?iil)lic Tienlth
Act
I
OF
P~~-
'5
s~1 elvtenci
ancl
app~y
to aiiy person
wlio
jleiiig in charge
a
person suffei-iiig froin aiiy dangerons infectious clisortler
permits such
sitfferer
to expose Iiimself without proper
precau-
tions against
spreading
the said disorder in
any
street
piihlic
place
shop
inn
or
puldic conveyance within the borough or to
enter any public c+oiivqmice within
the
borough without pre-
viously notifying to
tlie
owner conductor
or
driver thereof that
lie is
so
suffering.
io11r.
62.
No
person snfferiiig
from
infectious disease shall
inilk
Iufected
per-
any aiiiinal the milk of
which
is intended for consumption within
c.arry
on
tlie borough
or
pick huit intended
for
consmiiption within the
busiuess
&c.
borough
or
engage in aiiy trade
or
business coimected wit
ti
foocl
intended for consuiiiptioii n-ithin
the
bor0ugh
or
carry
oii
any
trade
or
business in such
a
maiiiier
as
to be likely to spread
such infectious disease mithin the boroiigh aiid if he
does
so
he
shall
he
liable to
a
penalty not exceeding forty shillings.
so11
not
to
63.
IC
tho
iiic~lical
o&ccr
dial1 have reasonahlc
(ause
to
Dairymcu
to
furirisli
lists
1)elievc tliat
auy
person
in tlie
Iioroiigli
is siiferiiig
Fi*oni
infer-
Of ~OI,rCeH
of
tions
tliseasc attri1)utalllo
to
iuilli
sripplietl
within the 1)oro~Igll he
their
supply
iiiay
by
iiotice in vcritiiig require
evcry
person siipplyiiig
niillc
of
ciistaiiicra
iii
to
the person
so
siiffering
or
to
tlie house
of
which he is
an
ccrt:iincases.
inniate to furiiish him with
a
list
of
all the fariiis dairies
or
places froin wliich
siich
person derives liis supply of milk
or
from
idiich he has derived his
siipply
duriiig the last
six
weeks
and
a
list
of
the
persons
to
wlioiii
lie
lias witliiri
snch
six
ivceks
snpplicvl iiiilk ivithin
111::
lioroiigli
ant1
111~
C'orpoixtioii
sliall
pay
to
liiiii
fur
evcry
s11(;1i
list tho
siiiii
of
sispt'iicc
ant1
at the
raIv
01'
siapvncc~
for
cvery
twciity-fivc
iiaiws
c.ontniiic~1 tlierciii
and
every
bnch
pcrsoii
\vho
shall fail
to
c01uply Ivitli sucll
xeqi
test
shall
for.
each
such
offence be liable to a penalty iiot exceeding
fort.
sldlings
ancl
to
a
daily penalty
iiot
exceeding
twenry shillings.
64.
E~rr
Iaii*yinaii
sii1)lJyii1,q inillc
wit~iiii
tlicl
1)orough
PYOIIX
Dairyincli
to
p.cmises
w~ict~iclr
wil~iiil
or
j)ey()ll(1
111(,
l,(,ly)iig~i
ilia11
notif!' to
rlOtifj
tioLi>
tli
iliFcc.-
tho ~'oq~omtioi~
or
to
tlifi
iiipc1icd
oBic.cbr
;dl
('11
of
inCt.ctioui:
(libease
auioiig
persoils
engag,yl
j11
01'
ill
coiiiiesioii \\Tit11 itis
:~llloilg
''l(.lr
clairy
so
soon
as he
beconies
;L\vare
01'
has
reason
to
suspect that
serraiit+.
c
33
[Ch.
lxxxiv.]
ZlztddcrsficZd
Corporation
ACL,
1906.
IC;
Euw.
7.1
AD.
1906.
such infectious disease
esiqts
mitl
any
clair~-man
who
ilialies
clefanlt
in
so
doiiig
shall
lie
1ial)I~
to
a
pciidty
iiot
csceetliiig
forty shillings.
__
['hild
'0
ab-
tend
sc:liool.
is not
to
be
sent
to
scliool
permit
srtcli
cllilt1
to
attciit~
sc.Iioo~
withont
haviiig
procuret1
fi~nii
tlie
imclical
officer
a
certificate
__
-
(which shall be granted free of charge
upon
application)
that
in his opinion
such
child
niny
attend
nitlioitt
iiiidiic
risk
01
comniuiiicatiiig such disease
to
others.
If
ally
person
offends
against this enactiiient lie
shall
be
liable
to
a
penalty not exceeding forty shillings.
Principal
of
66.
Whenei-er
any
scliolar
n7ho
attends
any
school vitiiiu
school
to
the
borougli
shall
be kiion.11
to
be
snffering
from
infectious
furiiish
lists
of
scholars
disease
the principal or person in charge
of
such
school
or
(if
in certain
such
school
is
divided
into
separate
tlepartnients
aiid
there
is
caqei.
no principal
or
person
in
cllarge
of
the
whole
school)
the
person
in
charge
of
the departnient
whicli
such
scholar
attcnds shall
forthwith on hecoming
a157are
of
the
het
send notice
thereof
to
the nieclical officer
and
shall
furiiish to the Corporatioii at their
request
n
list
of
the
scholars attending thereat togcther with
their
adtlresses
aiid
in
clclaiilt
thereof
sliall
hc
liable to
a
peiialty
not exceeding forty shillings.
r7
1
hc Corporation
sliall
pay
to
tlie
lwrmn
l'urnishing
any
siich
list
the
siiiii
of
sixpence
and
at
the
rate
of
sixpence
for
every
twenty-five scholars nniiied therein.
Protection
agaimt
infec-
tion
of
books
from public
library.
67.
No
person shall take out
of
any
public
library
any
book
for
use
in
any
house in which there
is
a
person
suffering
from
infectious disease
and
no
person shall return to any sucdh
lilirary
any
book which has
lieen
to
his
ltnowleclge
exposed
to infection
from
infectious
clisease
but
lic
shall
at
oiice
give iioticc
that
it
has
liecn
exposed
to
iiifection to
the
inspoctor
of
iiiiisaiicw
aiid
leave
the
book
at the office
of
the inspector
of
ni&aiices
who
shall
cause the
same
to
be disinfected
-and
then returned
to
the
librarian or destroyed
ant1
if
destropecl the Corporation shall pay
to the owner
thereof
its
valuc~.
hiiy
persoii
who
shall
offend
against
tlii.;
eiiactincnt
sliall
for
every
sudi
offence
lie
liable
to
a
penalty not
escecding
forty
shillings.
34
68.-(1)
TTliere it appears
to
the Corporation upon tlie
A.D.
1906.
certificate
of!
the medical
officer
that it
is
necessary
to
remove
of
from any house
or
part there01
all
or aiiy
of
the residents not
person from
lieiiig tbeiiiselves sick
on
account
of
the
existence
or
recent
infected
P-
esistciicc~ tlierein
of
infectious c1iseas;e
or for
the purposes of
cIi5in
febg
sncli
liou
or
part tliercof they
may
ilzake appli-
cation
to
a
jnstice
aiid
the jnstice
if
satisfied
of
the necessity of
snch
reinoval may
grant
a
Tvarraiit authorising the Corporatioii
to
remove
si~h resideiits
anci
ilnposinp, such coiiditions
as
to
time and otherwise
as
to
liiiii
may
seem
fit
Provided always
that
110
such warrant
shall
be necessary wlieii the removal
is
carried
out
with the
coiiseiit
of
ally such resident
or
his
parent
or
guardian
Tlie
Corporation shall aiicl they
are
hereby
empowcretl
to
provitie free
of
charge teiiiporary shelter with
aiiy
necessary attendaiice for
such
persons while prevented from
rctii~iiiiig to
such
house
or
part thereof.
mise.;.
(2)
For
the
ptirposes
of this section the
word
"
house
"
inclutles any tent ~aii shed
or
similar structure
used
for himan
habitation.
(i3)
The Corporation
inay
for the pnrposes
of
this section-
'I'heniselves build
a
place
of
reception
;
Contract for the
use
oi'
aiiy place
of
reception.
(4)
-4nY expenses
incurred
by
the Corporatioii under this
section shall
lie
paid
out
of
ilie borowgh fmid
ancl
borough
rate.
69.
If
any person sufferiiig
from
iniectious clisease is
~011-
Driver
&e.
veyecl
in any public vehicle the owiier
or
clriver thereof
as
sooii
of
infected
as
it
conies to his linomledge
sliall
give
notice
to
tlie iiictlical
give
officer ancl shall
cause
sue11 reliicle to
l~e
disinfected and if
he
fails
so
to
cl0
lie shall
be
liable
to
a
peiialty
not
exceeding five
pouncls
aiid tlie
owner or
driver
of
snch vehicle shall
be
entitled
to
recover in
a
siiiiiiiiary iiiaiiiier
from
the
person
so
conveyed
by
hiiii
or
from the
person
causing that person
to
he
so
coiiveyed
a
smn
sufficient
to
cover
any
loss
aiid
expense incurred by him
in coiinesioii with such disiiifectjoii It shall be the duty
of
the
Corporation when
SO
requested
hy
tlie
OTT~~
or
driver
of
such
public vehicle to providc for
tlie
tlisiiifect,ioii
of
the same
free
of
cliarge
except in cases
~vliere
the
o~vner
or
driver conveyed
s11cli
person
lciiov-iiig
that
lip
was
so
snffering.
person
to
c2
3
5
[Ch.
lxxxiv.]
?T~~1(~7de~s,fjeld
C'oqm~itiou
-4ct,
1906.
[C;
EDK.
7.
j
70.-(1)
The
occupier of
aii~-
buildiiig in tlie
boromgh
which
Pel,:Llty
oil
is
used for
hunian
Iiabitation
aiid
in n-hich
there
is
or
lias
1)een
furiiis11ing
any persoii suffering from
a
chngerous:
iiifectious clisease sliall
on
the application
of
tlie iiiedical ofher
at
any tiiiie
chiring
the
h1.e
iiifor-
matioii
to
medical
illness
of
such
person
or
xitliiii six meelis
of
the
occurrciice
of
officer.
such illiiess furnish sncli inforiuatioii witliiii liis kiion-ledge
as
the medical
oflieer
may
reasonably require for the piirpose
of'
enabling ineasures to lie takeii
to
prevent the
spread o€
tlic
disease.
(2)
Any occupier
kiiow
in gly
f
uriii sliing false iiif oriiia t ioii sliall
be
liable
011
summary coiivictioii to
a
peiialty iiot exceeding.
Iorty
shillings,
(3)
"
Occupier
"
shall hare the saiiie iiieaiiirig
as
in
tlie
Infectious
Disease
(Notification) Act
1839.
A.D.
1906.
--
.
\Vake
iiot to
71.
It
shall
not
be
lawful
to
hold aiiy
wake
ovci-
tlic
I~ody
be
lie''
of
any
persoii
nrlio
has
(lied
of
infectious disease
ant1
tlic.
occu-
body
of
per-
soil
dying
of
pier of aiiy liouse
or
premises
or
part of
a
lioiisc~
or
premises
\rho
infectio~
permits or suffers
aiiy
snch
wake to take
place
in such
house
or
disensc.
premises
or
part
of
a
house or premises
aiid
every persoii do
attends to take part in
such
mke shall lie liable
to
a
penalty
not exceeding forty shillings.
PulJic
notice
72.
Public notice
of
this Part
01
this
Act
shall
be
given
2
~~~~.",,3
forthwith after the passing of this Act
by
advertisement in
two
of tiiis
Part
local
newspapers circulating in tlie borough
ancl
by
a
notice
of
Act. a&ed
ontsicle the offices of the Corporation aiid by haiiclbills
or
such further ineaiis
as
tlie C'orporatioii deem reasonable
For
coil-
veying notice of
the
provisions
oE
this Part
of
this
Act
to persons
affected or likely
to
be
affected thereby
A
copy of
a
iiewspapc-.r
or
the newspapers containing the advertisement shall be sufficieiit
erideiice
that
tlie
provisions
of
this swtioii have been
coinplicd
11-
i
th
.
I'i\RT
SI.
NOTTFICATI
ON
OF
B
rmw.
Koticc
of
73.-(\1)
Iii
the
case
of
every
cliild
born witliiii tlie
boroiigh
lo
after the coliiiiieiiceiiielit of this Act it shall
be
the duty
of
thr
given
to
me-
clipal
offirer.
father
of
the
child
if
he is actnally resicliiig in
the
house
xvlier~
the birth takes place at the tiiiie
of
its occurrelice
or
in
his absence
of
any
person
iii atteiidaiice
upon
tlie mother
at
tlie tiiiie
ol
tlin
birth
or
withiii six
hours
tliereaftw to
sciicl
or
givc
iioticc
of
the
liirtli to
the
iiiwlical
officcr
within forty-eight
11oiii.s
aftcr
such
36
birth Every person required by this section to give
or
send such
A.D.
1906.
notice who fails without reasoiiable excuse to give
or
send the
same shall be liable
on
summary conviction in niaiiner provided
by the Snmmary Jnrisiliction Acts to
a
fine iiot, exceeding tn-enty
shillings inclncling costs
for
each offence Provided
al.ivays
that
if
a
person required to give notice
as
aforesaid satisfies the
conrt that he liad rensoiiable groiincls to 1,elieve that notice hat1
heen dnly given lie shall iiot he liable
io
any
he
under
tliis
section.
(2)
The Corporation shall pay to the Father
or
person afore-
said who notifies a birth uiider the provisions
of
this section
a
fee
of
one shilling.
(3)
Any registrar of births
ancl
deaths
\vliose
sitl)-district
01’
any part thereof
is
situatecl within tlie l~oroiigh
sliall
at
all
reasonable times have access to the notices
of
birth received
ly
the medical officer
of
health imder
the
provisions
of
tliis section
or
to any
book
in
which such notices may
be
recovtled
For
thc
purpose
of
obtaining information concerning births that
haw
occiirred within his siib-district.
(4)
Tlie notification required to be made uiider this section
shall be in addition to and not in snlistitution for the require-
inents of the general
Acts
relating to the registration
of
birth
aiid deaths.
(5)
The Corporation shall cause to
be
gireii piiblic notice
OF
the effect of the provisions
of
this section by advertisement in two
local newspapers ancl by handbills and
shall
give
formal
notice
thereof by registered post to every medical practitioner
known
to
he in practice in the borough and to all women clnly registered
as inidwives
or
known to he practising niidwifery within
tlic
boi*ough
ant1
otherwise in such iiianner
as
the Corporation think
snflicieiit
ancl
tliis section shall coiiie into operation
at
snch
time
not heing less than one month after the last piihlicatioii
OF
siicli
nclvertisemeiit in
a
local newspaper
as
aforesaid
as
the C’orporatioii
~
may
tix.
(G)
The provisions of this section shall cease
to
bc
in
forcc
within the borough at the expiration of five years
froin
the date
of tlie passing
of
this Act unless they shall have been continued
by Act
of
Parliament
or
11s
Provisional Order made
bj-
the Local
C+overnment Board ancl coiifirineci
1)s
Parliaineiit which
orcler
tlie
Local
Goveriiiiieiit
Board
are hereby enipon-eretl to
niakc
in
accordance u-itli the provisioiir
of
the
l’iildic
Health Act
18‘75.
3i
A.D.
1906.
__
PART
2-31.
FINANCE.
Power
to
borrow.
74.
The Corporation may in adclition to any moneys they are
now authorised to borrow or ~vliich they may be authorised to
borrow under the provisions
of
the
Public
Health Acts
or
any
public general Act borrow at interest for the following purposes
the following
sums
on the following securities (that is to
say)
:-
On
the security
of
the borough fund and borough rate-
(A)
For paying the costs charges and expenses
of
and
in relation to this Act
as
herein-after defined the
siiiii
requisite €or the purpose
:
On
the security of the revenue
of
the tramway undertaking
of
the Corporation and of the borough fiind and borough
rate-
(r,)
For tlie constructioii
of
traniways my
smii
not,
exceeding five thousand three hundred and
Port.
pounds
;
(c)
For electrical equipment in connexion with the
Corporation tramways any sun1 not exceeding eight
hundred
and
eighty-two pounds
:
On
the
security of the borough fund and borough rate-
(D)
For
the
purchase
of
land for and for the street
works by this Act authorised the
sum
of two thousand-
four hundred and sixty-eight pounds
;
(E)
For the extension and enlargement of the Technical
College the
sum
of ten thousand pounds
;
(F)
For
any
of
the purposes of Part
I1
(Disposal
of
Trade Refuse) of this Act
such
sunis as the Local
Government Hoard inay sanction
;
(G)
Tith
the consent
of
the Local Government Board
or
tlie Boarcl
of
Trade
as
the case may be such further
moneys
as
niay be necessary €or any of the purposes
of
this Act.
In calculating the amount
which
the Corporation niay borrow
under any other enactment any
sums
they may borrow uiider
this Act
for
purposes
(A)
(B)
(c)
(E!
(F)
and
(G)
shall not
be
reckoned and the
powers
of
the C"rporatioii
as
to
borrowing
3
8
[G
Em.
7.1
Hziddersfield
Corporation
Act,
1906.
[Ch.
lxxxiv.]
ancl
re-llorrowing
for
the
said
purposes shall not
he
restricted
A.D.
1006.
liy
any
of
the
provisions
of
the ML~llicipal C’orporations Acts
or
of
tlic Pnldic Health Acts
or
of
thc 1,ocal Gorernineiit Act
1888.
~
75.
The
Corporation
sliall
except
as
herein--after provided
Periocls
cf
pay
off
all inoiieys borrowetl
by
them iinder this Act within the
re~)a~”ent*
respective periods following (that
is
to
”ay)
:--
As
to
moneys
borro~wtl
for
the purpose
(A)
mentioned
in
the sectioii of this Act the iiiarginal notc
of
which
is
“
Power to
borrow
”
within five years froin the date
of
the
passing of this Act;
As
to moneys borrowed
for
the
purposeb
(II)
in
the
said
section nientioned within forty-five
years
from the date
or
dates
of
the borrowiiyg
of
the same;
As
to iiioneys borrowed
for
tlie
piirposes
(B)
aid
(E)
in
the
said section nientioned within thirty years
honi
the date
or dates
of
the borrowing of the same;
As
to moneys
borrowed
for
the
purpose
(c)
in the said
section mentioned within tu-enty years from the date
or
dates
of
the borrowing
of
the same:
Provided that any moneys borrowed
with
the approval
of
the
Local Government Boarcl
or of
the Board
of
Trade shall
he
repaid
within
such
periods not esceediiig
sixty
years
as
those
Boards respectively inay sanction.
76.
The Corporation shall
pay
off
dl
iiioiieys
borro~ed
by
AIo,le
of
them under the powers
of
this Act either
by
equal yearly
or
I’aymeutoff
half-yearly instaliiients of principal
or
of principal
and
interest
borrowec~.
coinbined
or
by
means of a sinking fund
or
partly by
one
of
these inethods 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
froin
the date
of
borrowing
the
sum
in respect
of
which the payment
is
iiiade.
of
money
77.
The C‘orporatioii shall
except
as
herein-after provided
As
to
re-
have
pover
to re-borrow
for
the
purposes
of
paying
off
any
borrowing.
principal moneys which have not been repaid and
are
intended
to
be
forthwith repaid
or
in respect of any nwneys which have
been repaid by the temporary application of funds at the disposal
of
the Corporation within tmclrc
months
lwfore the re-borrowing
ad
which at the time
of
the
repnyinent,
it
was
intended to
re-borrow Provided that tlie Corporation shall not have power
to re-borrow in respect
of
any principal moneys repaid
by
39
AD.
1906.
iiistaliiieiits
or
annnal
payments
or
discharged
by
meaiis
of
the
siiikiiig
Fund
or
out
of
iiioiieys derivecl Froiii
tlie
sale
of
land or
ont
oe
any capital
iiioiiers
properly
applicalile
to the purpose
of
snch
repnj-inelit
other
than
moneys
borrowed for that purpose
Providetl
also
that
any
piiicipal
iiioiieys
re-borrowed shall
be
deeiiied
to
lorin
the
same
lonil
as
the
monej7
in
respect
of
the
repaynieiit
OF
which the re-borrowing has
been
made
and
sliall
lie
repa
id
within the prescribed period.
A
ppl
ica
t
io1
I
78.
‘L’hc
follo~vviiig sections
of
the Hudclersfield
‘I‘rariii~~a~-s
of
wctioni
of
Acts
ancl
Iniyrro\~emen
t Act
1890
tlie
Eludtlersfield
Corporal
ion Llct
I
890
1h97
1597
the
Ih~lclersfielcl
C’oqomtioii
Traiii\\-ays
Act
1900
aiid
tlie
IIirtlclersfislcl
(’orporatioii
Act
1902
sliall
(with the necessary inotli-
iica1,ioiis
and
sn1)jcct
to
the provisions
of
this Act) extend
aiid
apply
rri
atntis inntanclis to
tlic
inoneys borrowed
aiid
re-borrowed
rinder this
Act
ancl
tlie
repayinelit thereof’
:
-
__
1900
allll
1902.
The
said Act
of
1890.
events).
with respect
to
sinking funds &e.).
Sectioii
35
(Sinking
fiuiicls
inay be
adjusted
in certain
Section
38
(Annual return
to
Local Goreriiment
Board
Section
40
(Application
of
inoiieys borrowed).
‘I’lit.
saitl ,4c.t
of
189’7.
Scc-tiou
40
Scctioii
4%
(Lis
to
sinking
Euiicl).
(Corporation not to
regard
trusts).
The
saitl
Act
of
1900.
Swtioii
59
~wtion
(i:l
Section
ci(i
(,luclit
of
acco~i~its).
Scctioii
67
(As
to
iiiorieys
raised
by
Corporation stock).
(
I’rottdoii
of
leiiclew
frot~i
iiiqiiiry).
(Inquiries
by
aucl
e~penses
of
Local
Governmeut
Eoarcl).
7’11~
saitl
Act
of
1902.
(I’rovisions
as
to
n~ortgages).
S~(iioii
47
A*
to
mtiri;
of
railways
for
cci
tain
purposes.
79.
--,,I
)
Sed
ion
341
01
tlic.
ITTucl(lei.sfielr1
Iniproveineiit
Act
18’71
(Assessments
for
tithes railways
&c
in certain
cases)
shall
be
incorporated with and
form
part
of
this Act and shall extend
40
[(i
ED\\.
'7.1
ll~ctlcZc?~s,fielc~
C'orpm~tio?~
L'tc.l,
1:NJG.
[ch.
Pxxxiv.i
and
applp
to
any
increase
or
additioii
illalrie
11ntler
the
antliority
AD.
I
906.
or
for tlic.
purposes
of
tliiz
Act
to
any
boro~lgli rate levied
for
])iir11osm
other
than
purposes
ivith rehpect
to
which the partial
eseniptioii is
not
at
present
applicable.
(2j
In
thv
case
of
ai137 clemand
on
an^-
r:tiln-ay
coiiipany
eiititletl to partial excm~)tion
for
pa!-ment
of
the
ljorough
or
otliei.
rate
to
IIE
C'orporntioii
it
shall
IR
the
duty
of
the
ton-n
clerk
on the application
of
such rail\my
conipaiiy
to
fnrnisli
~~'itbiii
sereii
daj~
Full
particrilarh
in
Trriting of the purpose
or
puiposes (if
iiiore
than one) to
~~-1iicIi
the
rate
tleniandecl
is
applicable aiicl
the
aiiiomlt
in the
poi~nd
required
for
each
o€
snch
piirpoqes and si~cli particulars shall
also
slio~\-
the
proportion
of
the
amounts
in the poulicl requirctl
€or
cacli
of
such
purposes
in
respect
of
which
such
railway
coiiipany
is
entitled
to
the
partial exemption aforesaid.
__
PART
SIII.
XWCELLANCOI
>.
$0.
The Corporation may pay
or
contribute
towards
the
~a~~~i~
of
p;\yiiient
of
a
baiicl
or
bands
of
mu& to
perForm
in
any
park
mi'iic.
recreation
gronud
or
building
for
the time beiiig belonging
to
or
held
by
thc Corporation
or
elsewliere in the borough as they inay
direct
and
the Corporation
inay
inclose a small area v7ithin which
srich
liaiicl shall play
and
iiiake lg-elaws
for
regulating the time
and
place
for
the playing
of
the
band
ancl
the payments
to
lic
i~a[le
for
admission within
such
building
or
inclosure aiicl
for
securing
good
aiid orderly coiicluct
during
tlie playing
o€
tlie band Provided that the
payments
or
contributions
of
the
Corporation
for or
toTmrds sucli baiicl shall he paid out
01
tlie
borough
fund
aiicl
borongh rate
ancl
shall
not
in
any one year
exceetl
the
snni
of
three liuiidred
poniids.
81.
For
the purposes
of
sections
58
aiicl
59
of
the Cemeteries
Applic*wtion
of
Cemete-
Clanses Act
1847
any
cemetery
or
liurial
ground
belonging
to
or
ries
Clauses
provided
by
the Corporation sliall be deemed
to
be
n
cemetery
Act
1x47
to
authorised
to
be
inade
by
a
special Act with mTliich the
said
Act
cemeteries
Of
Corporation.
liacl
hen incorporated and the provisions
of
the
said sections
~
-
shall
apply
accordingly.
library
or
readingrooin estalJlishec1
by
the
Corporatiox
unc\er
of
OfYeuces
l~"Jraries
Act
the powers contaiiied
in
section
210
(PJT~X
to establish
public
1898
in
libraries &e.)
of
the Hitddersiielcl Improvemelit Act
1571
and
to
any
public
library
for
the time being vested in them
as
if
such
lihrary were
a
lilirary
under
the
Puldic Liljraries
Act
1892.
82.
The
Libraries Offeiiccs Act
1833
dial1
apply
to
any
public
Applicatioii
n
41
AI).
1906.
83.
The
following sectioni
of
the Hntltlerslielcl Corporatioii
Incorpora-
Act
1902 are incorporatctl with this Act
and
4iall
applj-
as
il
tlic.
tion
of
cer-
saime with the
iiecc~ssary
iiioclifications
Trerc
+et out, in this
,ht
iiaiiiely
:
--
tail~
sectioiis
of
Act
of
1902.
--
Section
36
Section
58
Section
59
Section
61
Section
63
(Judges
iiot tliscjnalifiecl).
i-liitlieiiticntioii mcl
service
of
notices
ck.).
(I~lfor~liatiol~i
l)y
11-1i0111
to
lie
laid).
(C'oinpeiiiation
lion-
to
lje tleteriiiined).
(Recovery
oE
peiialties &e.)
;
niicl
Confirination
of
84.
The
provisioiis
of
sections
one
Iimiclred aiid
eighty-tn-u
to
one
liuiidred aiicl eighty-five of
the
PuhIic
IIenlth
Act
1875
so
far
as
they relate
to
lgelan-s
macle by
an urban authority shall
apply
to
hyelams macle
133-
the Corporatioii
under
the
po~~ers
of
this
Act
except
byclaws
to which
tlie
pro'isioiis of
the
Tranirvays
Act
1870
are
applicable
uiider
this
Act.
As
to
appeal.
85.
-lny
person
tleeiuiiig
himself nggrievetl l~y
aq-
order
juclgiiieiit
deteriiiiiiation
or
requirement
or
the
witlilioldiiig
of
aiiy
certificate licence
or
coiiseiit
or
approval
of
or
by the Corporation
or
of
or
by
any
officer
of
the
('orporatioii
or
hy
aiiy coiiriction
or
order
made
by
a
court
of
snmmnry
jmisclictioii
undcr
any
provision
of
this Act iizny
if
iio
other
inode
of
appeal
ii
proridcd
by
this
Act appeal to
the
nest
practicalile court
of
qiiarter
sessions
uiider and
ac.corcliiig
to the provisions
of
the Smni~aiy
Jurisdictioii Acts
and
in
regard
to
iiiij-
such
ordcr
the Corporation
may
in
like
manlier
appeal.
Sa\
ing
foi
intlicmx~t*
86.
Xotl-ling
in
this
Act
shall protect
any
person
froni
being
proceecletl
against
by
way
of iiiclictiiieiit
in
respect of
anj-
matter
by
this Act
macle
pnnisha1)le
oii
suniniary
proceedings
or
shall
relieve any person in respect of
aiiy
such
iiiattrr from
an;\-
peiial
or
other coiiseyueiices
to
which lie
would
liaw
heeii liable
il
such
iiiatter
liacl
not
lieen
inacle
punishable
11~~
this
*lct
Pim-icletl
that
iiothiiig
iii
this
Act
sliall
iiiake
a
persoil
liable
to
lie
piinishecl
more
tliaii
oiice
I'or
the
same
oBciice.
R.P.
l'ower<
of
Aict
mm-
$7.
,111
powers rights aii(1 remedies
given
to
the
('orpor.
cl
t'
1011
1jy this Act sliall (except where otherwise expressly proricled)
hc
tleeiiied
to
lie
in
additioii
to
aiitl
iiot
in
derogation
of
any other
powers
conferred
upon thein by
-1
ct
of
Parliament
or
cnstoni
and
the
Corporation
may
exercise
snch
otliei.
pov-crs
a5
if
tliis
,\ct
iiatl
iiot
lieen
pn~srd
I~i*ovicl~l
that
110
pmsoii
slid1
iiiciir
lati\
e.
42
43
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