Huddersfield Corporation Act 1906

JurisdictionUK Non-devolved
Citation1906 c. lxxxiv
[(;
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
specified in the same schedule and the Huddersfield
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)
(1)
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