Local Government Board's Provisional Orders Confirmation (No.4) Act 1890

Publication Date:January 01, 1890

Local Government Boards Provisional Orders Confirmation (No.4) Act 1890

(53 & 54 Vict.) c. lxxxiii

An Act to confirm certain Provisional Orders of the Local Government Board relating to the Urban Sanitary Districts of Manchester and Stockport.

[4th July 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 the Public Health Act, 1875 : 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 A.D. 1890. Manche.vter Order. -- - S c\ H ED U L E. CITY OF MANCHESTER. To the Mayor, Aldermen, and Citizens of the City of ilianclicster, beiiig the Urban Sanitary Authority for tli.it City ; - And to all others whom it may concern. WIiEREA S the llayor, Aldrrnien, and Citizens of the City of M;inrhestvr, (herein-after referred'to as " the Corporation,") as the Urban Sanitary Authority for that City, require to purchase and take the laiicls in the City -which are described in tho Schedule hereto for the purpose of widening, opening out, arid otherwise improving Whitworth Street, for innking a new street connecting the two parts of Whitworth Street, and For making a new strect in continuation of Fairfield Street to Whitworth Street : Now therefore, We, the Local Government Board, in pursuance of the powers given to Us by Section 176 of` the Public Mealth Act, 1875, and by any other Statutes in ihat behalf, do hereby empower the Corporation, ab such Urban Sanitary Authority, from and after the date of the Act of Parliamcnt confiriiiitig this Orcler, to put in force, with reference to the lands dcscribetf in the Sclretlule hereto, subject to the continuance of` any cxisting public rights of highway, an(j for the purposes aforesaid, the powers of the Lads Clauses Acts with respect to the purchase and taking of lands otherwise than by agreement, or ally of them. 4 The SCHEDULE above referred to. A.D. 1890. Manchester Order. - To~vnship of MANCHESTER, in the City of MaNcrrEsTi?n. Nos. on depositcc l'laiiq. 2 3 4 5 F 7 8 9 10 Dcscription of Lnnds. Shop, store -room, covered yard, mid closet. I)~velling-lioiise, shop, aiid yard. I)wellii~g-llciusc, sliolj, :iii(I 11:irt of printing Office. Shop, printing office, privics, ani1 ;i4ipit*. Dwelling-house, shop, workshop, yard, I)rivy, aut1 :i.;hpit. ditto - Shop, yard, privy, and ashpit. Dmellincr-house, \hop, ynrd, privy, and ash- pit. ditto - Owners or reputed Owners. Fillinm Christie. ditto &tu ditto Lore1120 ditto - ditto - - ditto - Lessees or reputed Lessees. Occupiers. Edvard Flitcroft, William IIcnry IInlnie. WVilli.ini T,uckinan, John Ititsoli. Jaiiics IXii~lsoii, 3I;try Elizab~fitli Nettleton, Williaiii IIcnry HllliIle. John Drinltmater, IViliiam 1Ienry IIiiliiie, Wil1i;irn Liickman, Johii Itit- son, James Hudr,~i~ri, Mary Elizabeth Set- tleton. James Norton, Thoiiias llitchcll. Sarah Ann Lawaon, Tliotllns ;\litcliell. Robert Huut. \\'illism Andersou. -4 :i 5 [Ch. lxxxiii.] Local Go uewameiat Uoaizl's [53 & 54 V1c.r.l P~ouisio?inZ Ordc7.s Coi?Jiriiint.ioil, (No. 4) Ad, 1890. Maitchester d~$~~li~~ Order. A.D. 18'30. - Nos. on 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 26 27 28 29 nescriptiom of Lmds. Shop arid lodging- house. Shop and part of lodging-house. Dwelling-house, shop and workshop. Yard, privies, and ashpits. Public-houhe Lodginghouse - I welling-houso nud shop. Dwclling-hou5c - ditto ,.- dltt0 - ditto -* ditto - ditto - ditto - ditto - ditto - ditto - 3pen yard or court cailcd Pump Court, passage, part of house, privies, and ashpits. Shop Orrners or reputed Owners. 3amnel IIarris...

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