Local Government Board's Provisional Orders Confirmation (No.4) Act 1890
| Jurisdiction | UK Non-devolved |
| Citation | 1890 c. lxxxiii |
| Year | 1890 |
[53
85
54
VICT.]
Local
Govemrnent
Boawd’s
[Ch.
lxxxiii.]
Provisiolzal
Orders
Coi$wnntion
(No.
4)
Act,
1890.
CHAPTER
lxxxiii.
An
Act
to
confirm
certain
Provisioiial Orders
of
the
Local
Government Board relating to
the
Urban
Sanitary
Districts
of
Manchester
and
Stockport.
[4th
July
1SDO.I
‘REAS
the
Local Government Board have macle
the
Prorislonal Ordcrs set forth in the sclicdulc hereto, under
the provisions
of
:
Ancl
wiicreas it
is
rcquisitc that
the
said Orders
should
11c
confirmcd
by
Parlianicnt, ancl that the provisions herein contained
should
bo
eiiactcd with reference thereto
:
Be
it
thercforc enacted by the
Queen’s
most Excellent Majesty,
by
ancl
with tlie advice and consent of the Lords Spiritual
sncl
Temporal,
and Comiiions, in this present Parlianient assemblecl, and
by
tlic authority
of
the
same,
as
follows
:
sanic
are
liereby confirmed, and
all
the provisions thereof shall have
full validity and force.
2.
The following provisious shall apply
to
the Sanitary Authority
SI)e(:ial
for
each
of
the TTrbaii Sanitary Districts
of
Manchester and
to
houses
of
Stookport
:--
labouring
(1.)
The Sanitary Authority shall not uncler the powers
of
this Act
or
of
the Order relating
to
their district hereby confirimd,
purchase
or
acquire in the district ten
or
niore
houses which
after the passing of this Act have been,
or
on the fifteenth
clay
of
Deceniber last
were,
occupied cithcr
tvltolly
or
pa~tially
by persons belonging
to
the
labouring
class
as
tenants
or
lodgers, unless and until-
(a.)
They sliall have ohtaincd ?hc approval
of
tho
Local.
Govc~riimcnt,
Boaid
to
a
sclicmic~
for
1)roviding
new
d~vcll~ngs
for
snc:li
nnnihcr
of
pwSons
as
CVPI
c
I
idiiig
in
n~ch
houses
A.D.
1830.
-
3s
6;
39
Vict.
c.
55.
W””
1.
The Orders set out
in
thc
schedule
Iiercto shall
bc
ancl
the
Orders
in
schedule
provisions
as
class.
A
I
ALL).
1890.
ou
the fifteciitli
day
of Dcccm1)er
last,
or
for
such
iiuni1)cr
of
persons
as
tlic
Local
Goveriiment
Board
sliall,
after
inquiry,
clcciii
necessary,
having regard to tlic iiuinbcr of
persons
on
or
aftor
that
clate
residing in sucli houses
ancl
worliing within one mile therefrom,
mid
to the amount of
vacant suitable acconiinoclation in the immediate neighbour-
hood
of
such Iiouses,
or
to
thc place
of
cinplopciit
of
such
persons,
and
to
all
tlic circumstances
oE
the
case
;
and
(b.)
Thy
sliall
have givcii security to tlic satisfaction
of
tlic Local Government
Board
€or
the carrying
out
of
the
scl icmc.
(2.)
The
approval
of
tlic
Local
Govcrnmcnt
Board
to
any sclieme
under
this
section niaybe given
eitlicr
absolutely
or
conditionally,
and
aftcr
the
Local
Gorerniuciit Board liavc
approvcd
of
any
such
sclicinc
tliL.y
may
from
limo
to
tinic
approve
citlicr
:tbsoliitcly
or
coiiclitioiinlly
of
ally niodificntions
in
tlic scilc1iic.
(3
)
Every
sclicmc iuidcr
this
section slid1 contain provisions
pr(w;ril)ing
the timc within mliicli it sliall bc carried
out,
and
slid1
rcqriiro
tlic
iicw
tlmelliiigs
propos(x1
to be provided
under
the
sclicine
to lie completed
fit
for
occupation before the persons
residing in the Iiouses
iii
respect
of
mliicli the sclicmc is iiiadc
are
clisplaccd
:
I'roviclccl that tlic Local Governiiient Board
may
dispeiisc
mitli the last-mentioned requircmcnt, subject to such conditions,
if
any,
as
tlicy inay
sce
fit.
(4.
j
Any conditions
subject
to
wliicli the Local Govcrniiient
Board
map
have
approved
of
any
sclicrne,
or
of any modifica-
tions
of
any
sclicmc
uiiclcr
this section,
or
subject to which
tlicy may have
dispensed
with tlie above-nicntioncd
requirc-
nient,
sliall
be enforceable by writ
of
manilaiiius to
be
obtained
by tlie
Local
Government
Boarcl
out
of
Her Majesty's Higlt
Court
of
Justice.
(5.)
If
the sanitary authority acquire or appropriate any house
or houses for the purposes of this Act
in
contravention
of
the
foregoing provisions,
or
displace or cause to
be
displaced
the
persons residing in any
liouse
or
houses
in contravention
of
tlie requirements
of
the scheme, they shall be liable
to
a
penalty
of
five
hundred pounds in respect
of
every
such liouse, whicli
penalty
sliall
be
recoverable by tlic Local Government Board by
action in tlic
High
Court
of
Justicc,
and
sliall
be
carried
to
and
form
part
of
the
Consolidatcd
E':mil
of
tlic Unitcd Kingdom
:
.--
2
[53
&
5-1-
VICT.]
Local
Goveriameizt
B~nivl's
[Ch.
lxxxiii.]
Provisional
Orders
CYonfiwmitioiL
(No.
4)
Act,
1890.
P'rovitlcrl that, the Court iiiay,
if
it
think
fit,
iwlucc
such
A.D.
1890.
1)
cna
1
t
y
.
(6.)
Subject
to
the pr(~visions of this section, the sanitary authority
and
blw
Local Govcriimcnt Board
ancl
their inspectors
sliall
have
and iiiay exercise
Tor
any
purpose in connexioii with any scheme
uiicler this section all
or
any of
the
powers vested in them under
Ilic
l'nhlic
IIcdtli
Act,
1875,
in the
same
iiianiier
in cvery
rcsp~t
as
if
tlic
prcpmtion
:ind
carrying into effect
of
such
scliemc
wcrc
one of
tlic
general purposcs of that Act
:
Provided that all lands
on
which any buildings
liavc
been
crectcd
011
providcil
by
thv sanitary nutliority in pursuance of
ally
schc~iie
untlcr
this section, shall, for
a
period oP twenty-five
?cars
from
the passiq
of
this Act, be appropriated for the
ptirposc
of
cln-ellings, and every conveyance, deniisc,
or
lease
of
such
laiids
2nd
buildings shall be endorsed with notice of' this
cnactinent
:
Provided also that the Local Govcrnmcnt
Board
may
at
any
tiiiic dispcnse with
all
or
any
of
thc requirements of this sub-
section, subject to such conditions,
if
any,
as
they
may
see fit.
(7.)
The
sanitary
authority shall pay
to
the
Local Government
Board
a
SL~
to
hc
fixcd by that
Board
in rospect of the prepara-
tion
and
issuc
of
any Provisional Order in pursuance of this
section,
and
any cxpciiscs incurrcd by that Board in relation to
any
inquiries under this section, including thc
expenses
of
any
witiicsscs
summoned
by the inspector holding the inquiry,
and
n
suiii
to
be fixcd by that Board, not exceeding tlirec guineas
a
day,
for
the services of such inspcctor.
(S.)
For
tlic purposes of
this
section the expression
"
labouring
class
"
inclucles mechanics, artizans, labourers, and others
working
for
wages, hawkers, costermongers, pelsons
not
working
for
wages, hut working
at
some wade or handicraft wjthout
employing others except members
of
their
own
family, and
persons
other than domestic servants, whose income does
not
exceccl
an
average of thirty shillings
a
week, and thc families
of any
of
such persons who
may
be residing with them.
-
3.
This Act may be cited as the
J,,ocal
Government Board's
Short
titie.
Provisional Orders Confirmation
(No.
4)
Act,
1890.
A2
3
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