Leicester Improvement Act 1876

Publication Date:January 01, 1876

Leicester Improvement Act 1876

(39 & 40 Vict.) c. xxvi

An Act to enable the Mayor, Aldermen, and Burgesses of the Borough of Leicester to construct additional Works for the Prevention of Floods in the Borough; and for other purposes

[1st June 1876]

`REAS tlic l1orougli of Lricestcr (in this Act cnllcd the mayor, aldermen, ancl 1)nrg;c.sse.s of the lmough (in this Act called tlie Corporation) : And whereas tlie Corporalion acting by tlic council are blie wiitarg authority foy the borougli as a11 ui*l)aiz saiiitary district : And whereas l)y tlie Leicestrr Impi~ovemcnt, Drainage, ancl Markel 31 8 ~3 17i( t Act, 1868, ant1 by tlic Leiwslw Iiiiproveiiie:it Act, lS?4? ilie Cor- poratioii were authorised to execute certain ~vorlts for prewntiiig c. lxii. the recuriwxe of floods in the borough, some of ivhich IvoYliS are n-holly coiiipleted and otlicrn RPC in co~i~~e of construction, ailcl it is cspedicnt thab tlic Coiyoration bc ciii~)o~~erccl to escciItc additional ~vor1.1$ for. tliat purpose : And wlierws it is expedient 1 hat tlie Corporation bc anthorisecl to iuake the strert ii~~pvo~l~c~it Iic~eiii-aEter c1et;eril)ed : Riicl wliereas it is cxpc(lient thab power h~ confrrrd oil tlie Cor- poration for tlic, regulating, and, if they tliiiili fit, prevcntiiig Ilic con- struction of cellars in sncli of the low -lying dihl victs of tlw borouyli as are liable to be flooded : Ii,iproveiiieiit Act, 18GG, tho Corporation were, authorised to erect, C. XXJ i. fit LIP, and lurnisli a town 1ia11, police court, courts of jiistice, and otlier buildings for puhlic purposes (in this Act called tlie municipal buildings), and they have nearly completed the saine, and it is expedient tliat they be authorised bo mise additional riioney for the completing, fitting up, and f~wnisliing thereof : And \+-hereas it is expedient tliat furtllcr borrowing and other MT"c I3orougli) is n mnnicipnl borougli unclcr the goT-ei-iimeiit of tlie Ancl wlicreas by thc Leicester Cattlc: Markct, To~1.n Hall, and 09 cc 30 \.'ict. [Locnl.-2G.] A 1 [Ch. Xxvi.] Leicestei8 I~p1'0'uemelzt Act, 1876. [39 VICT.] A.D. 1876. powers for the government of the borough be conferred on the Corporation : And whereas estimates havc been prepared for the purchase of land for and the execution of the several works by this Act authorised, ancl such estimates are a's foliows : - For works for prevention of floods on the River Soar and other waters within the For widening Halford Street and works con- For completing, fitting up, and furnishing S borough - - - 120,000 nectad therewith L - - - 15,000 the municipal buildings - - - 15,000 And whereas the several works included in such estimates res- pectively are permanent works within the meaning of section 234 of the Public Health Act, 1875 : And whereas an absolute majority of the whole nuniber of the town council of the borough, at a meeting held on the eleventh day of November one thousand eight hundred and seventy-five, after ten clear days notice by public advertisement of such meeting ancl of the purpose thereof in the `` Leicester Aclvertiser," a local ncms- paper published or circulating in the borough, such notice being in addition to the ordinary notices required for summoning such meeting, resolved that the expense in relation to promoting the Bill for this Act should be charged on the general district rates of the borough : Ancl whereas such resolutioiz mas published twice in the said `` Leicester Advertiser," and has received the approval of the Local Government Board : And ~vhereas the popriety o the promotion OF the Bill for this Act mas confirined hy mi nbsolutc majority of the whole number of the to-crm council of {he horough at a further special meeting, held in pui~snaiice of a similar notice on the eighteenth clay of January one thousancl ciglit liunclretl ancl seventy-six, being not, less than fourteen clays after the deposit of the Bill in Pai*liament : Ancl whereas the owners and ratepayers of the borough, by resolution passed in the maiiiicr provided by Schedule 111. of the Pulilic Health Act, 1875, consented to thc promotion of the Bill for this Act : And whereas plans ancl sections showing the lines and levels of the works authoi3ised by this Act, and plans showing the lands and property to be taken under the powers thereof, and a book of reference to those plans containing tlic names of the ownel's and lessees, or reputed owners and lessees, and of the occupiers of all such lands, were duly deposited with the clerk of the peace for the 2 [39 Vrc~. J Leicester Immouenzent Act, 1876. [Ch. xxvi.] county of Leicester, and are herein-after respectively referred to as ~57~ the depositcd plans, sectious, ancl book of reference : And Tvhereas the purposes of this Act cannot be effected without the authority of Parliament : May it therefore please Your Majesty that it may he enacted ; ancl lie it enacted hy the Quecii's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual ancl Temporal, ancl Commons, in this present Parliament assembled, and by the authority of the sanie, as follows ; that is to say, 1. This Act inay be cited as `` Leicester Improvement Act, 1676." 2. The following Acts and parts of Acts ; (that is to say,) The Lands Clauses Consolidation Acts, 1845,1860, and 18G9 ; Tlie provisions of " The Railways Clauses Consolidation Act, 1845," with respect to the temporary occupation of lands near the railway during the construction thereof; ancl The clauses of (( The Commissioners Clauses Act, 1847,yy with respect to the mortgages to be executed by tlre Commissioners, exccpt section 84 (moneys borrowed on security of ratcs to bc paid off in a limited period) and section 85 (mode of paying off mortgages) ; so far as they are applicable for the purposes of and not varied by or inconsistent with this Act, are incorporated with and form part of this Act. 3. In this Act,- `` Borough funcl " ancl " l~orough rate " mean the borough fund and I)orough rate of the borough ; cc district fund " and (` general district rates " mean the district fund and general district rates of the urban sanitary district of the borough : cc Tlie Nunicipal Corporations Acts " means the Act of the session of the fifth and sixth years of King William the Fourth, `' to provide for the regulation of niunicipal cor- `( porations in Eiigland and Wales," aid Acts aniencling the sainc, or otherwise relating to municipal corporations in England : Teims to which meanings are assigned in enactments incorporated with this Act, or which have therein special meanings, have in this Act the same respective ineanings, unless there be something in the subject or context repugnant to such construction ; and in this Act and (for the purposes of this Act) in enactments incorporated with this Act,- `( Court of competent jurisdiction " shall have effect as if the debt or deinaud with respect to wliich it is used was a com- A2 3 - Short title. Provisions of certain general Act4 incorporated. Interpretn- tion of terin.;. [ah, xxvi. J I;eices.ler Pliyivvenzent Act, 1876, [39 VICT.] mon siniple contract debt, and not a debt or demand created by statute, and the term "superior courts " shall include any court of competent jurisdiction : For the purposes of this Act,- " Thc commissioners " and " tho clerk to the corninissioners " in the Coininissioners Clauses Act, 1847, mean respcclively the Corporation and the town clcrli : " The railway " and `` tlie ceiitre of the railway " in tlie Railways Clauses Consolidation Act, 1945, moan respectively the works aid the bouiidsries o works by this Act autliorised : (` Lands " in tho Lands Clauses Consoliclation Acts, 1.845, 1860, and 1869, include falls OC water, water rights, and water power by this Act aut*horised to be taken. 4. This Act sliall be carried into execution by the Corpoiatiou acting by the council, and according to the Municipal Corporations Acts aiid the Acts for the time being affecting the Corporation as a inunicipal body aid a sanitary authority respectively, and with all the rights, powers, privileges, exemptions, and authorities con- ferred by those Acts respectively on the Corporation and on tlie council and ooimnittees of the council, aiid the officers, agents, and servants of the Corporation with respect to matters provided for by or comprised in the Municipal Corporations Acts aiid the Public Health Act, 1875, respectively, and (subject to the provisions of this Act) as nearly as may be in all respects as if the powers, duties, exemptions, and property vested in, imposed on, or enjoyed by the Corporation by or under this Act were vested in, imposed on, or enjoyed by them by or under the Municipal Corporations Acts and the Public Health Act, 1875, respectively. 5. Subject to the provisions of this Act, the Corporation may, if they think fit, in the lincs and situations and upon thc lands in that behalf delineated in the deposited plans aiid described in the de- posited book of reference, and according to the levels shown in the deposited sections, so far as lines and levels are shotvii therein, make and maintain the following works aiid do the following things ; (that is to say,) The following street improvements : (A.) The videnine; of the western entrance of Halford Street on the northern side thereof, such widening to cominence at the south-western angle of the house numbered Pour in that street, and to terininate at a point sixty feet northmucl of the present junction of that street with Gallowtree Gatc, aiicl all iicccssaI-y approacches, excava- tions, abutmciits, n-oul~s, and coizvenieiices coniiected with thc foregoing iiiiprovemcnt. 4 A.D. 1876. - Act to Im exccutecl by the council. Power to execute works. [39 VICT.] Zeicestei. Anp'ouement Act, 1876. [ch. xxvi.] The following flood works : A.D. 1876. - (B.) Thc widening on the northern side thereof and the deepen- ing of thc TVilloiv Brook, such widening and deepening to coiiiiiiciice fi*oni a point...

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