Local Government Board's Provisional Orders Confirmation (No.12) Act 1893

Publication Date:January 01, 1893


Local Government Boards Provisional Orders Confirmation (No.12) Act 1893

(56 & 57 Vict.) c. cxxx

An Act to confirm two Provisional Orders of the Local Government Board relating to the City of Manchester.

[27th July 1893]

[56 & 57 Vict.] Local Government Board's [Ch. CXXX.] Provisional Orders Confirmation (No. 12) Act, 1893. CHAPTER cxxx. An Act to confirm two Provisional Orders of the Local a.d. 1893. Government Board relating to the City of Manchester. [27th July 1893.] W HEREAS the Local Government Board have made the Provisional Orders set forth in the schedule hereto, under the provisions of the Public Health Act, 1875 : 38* 39 Vict. And whereas it is requisite that the said Orders should be confirmed by Parliament, and that the provisions herein contained should be enacted with reference to one of such Orders : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. The Orders as altered and set out in the schedule hereto shall Orders in be and the same are hereby confirmed, and all the provisions thereof confirmed shall ha\;e full validity and force. 2.(1.) The urban sanitary authority for the City of Manchester Eestriction shall not purchase or acquire, either compulsorily or by agreement, o P^er in that City, or in any other urban sanitary district, ten or more houses of houses included in the schedule to the Order relating to the ^s"g purchase of lands hereby confirmed, which after the passing of this Act have been, or on the fifteenth day of December last were, occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers, unless and until [a.) They shall have obtained the approval of the Local Govern ment Board to a scheme for providing new dwellings for such number of persons as were residing in such houses on the fifteenth day of December last, or for such number of persons as the Local Government Board shall, after inquiry, deem necessary, having regard to the number of persons on or after [Price 5s. 3d.] A 1 [Ch. CXXX.] Local Government Board's [56 & 57 Vict.] Provisional Orders Confirmation (No. 12) Act, 1893. A.D. 1893. that date residing in such houses and working within one mile therefrom, and to the amount of vacant suitable accommodation in the immediate neighbourhood of such houses, or to the place of employment of such persons, and to all the circumstances of the case; and (6.) They shall have given security to the satisfaction of the Local Government Board for the carrying out of the scheme. (2.) The approval of the Local Government Board to any scheme under this section may be given either absolutely or conditionally, and after the Local Government Board have approved of any such scheme they may from time to time approve either absolutely or conditionally of any modifications in the scheme. (3.) Every scheme under this section shall contain provisions prescribing the time within which it shall be carried out, and shall require the new dwellings proposed to be provided under the scheme to be completed fit for occupation before the persons residing in the houses in respect of which the scheme is made are displaced : Provided that the Local Government Board may dispense with the last-mentioned requirement, subject to such conditions, if any, as they may see fit. (4.) Any provisions of any scheme under this section, or any conditions subject to which the Local Government Board may have approved of any scheme, or of any modifications of any scheme under this section, or subject to which they may have dispensed with the above-mentioned requirement, shall be enforceable by writ of mandamus to be obtained by the Local Government Board out of the High Court. (5.) If the sanitary authority acquire or appropriate any house or houses for the purposes of this Act or of the Order relating to the purchase of lands hereby confirmed in contravention of the foregoing provisions, or displace or cause to be displaced the persons residing in any house or houses in contravention of the requirements of the scheme, they shall be liable to a penalty of five hundred pounds in respect of every such house, which penalty shall be recoverable by the Local Government Board by action in the High Court, and shall be carried to and form part of the Consolidated Eund of the United Kingdom : Provided that the Court may, if it think fit, reduce such penalty. (6.) Subject to the provisions of this section, the sanitary authority and the Local Government Board and their inspectors shall have and may exercise for any purpose in connexion with any scheme 2 [56 & 57 Vict.] Local Government Board's [Ch. CXXX.] Provisional Orders Confirmation (No. 12) Act, 1893. under this section all or any of the powers vested in them under A..D. 1893. the Public Health Act, 1875, in the same manner in every respect as if the preparation and carrying into effect of such scheme were one of the general purposes of that Act: Provided that all lands on which any buildings have been erected or provided by the sanitary authority in pursuance of any scheme under this section shall, for a period of twenty-five years from the date of the scheme, be appropriated for the purpose of dwellings, and every conveyance, demise, or lease of such lands and buildings shall be endorsed with notice of this enactment: Provided also that the Local Government Board may at any time dispense with all or any of the 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 sum to be fixed by that Board in respect of the preparation and issue of any Provisional Order in pursuance of this section, and any expenses incurred by that Board in relation to any inquiries under this section, including the expenses of any witnesses summoned by the inspector holding the inquiry, and a sum to be fixed by that Board, not exceeding three guineas a day, for the services of such inspector. (8.) Por the purposes of this section the expression " labouring Definition of class " includes mechanics, artizans, labourers, and others working c^as^ for wages, hawkers, costermongers, persons not working for wages but working at some trade or handicraft without employing others except members of their own family, and persons, other than domestic servants, whose income does not exceed an average of thirty shillings a week, and the families of any of such persons who may be residing with them. 3. This Act may be cited as the Local Government Board's Short title. Provisional Orders Confirmation (No. 12) Act, 1893. A2 3 [Oh. CXXX.] Local Government Board's [5G & o7 Vict.] Provisional Orders Confirmation (No. 12) Act, 1893. a.d. 1893. SCHEDULE. Manchester ^- CITY OF MANCHESTER. Provisional Order to enable the Urban Sanitary Authority for the City of Manchester to put in force the Compulsory Clauses of the Lands Clauses Acts. To the Mayor, Aldermen, and Citizens of the City of Manchester, being the Urban Sanitary Authority for that City ; And to all others whom it may concern. WHEREAS the Mayor, Aldermen, and Citizens of the City of Manchester (herein-after referred to as " the Corporation "), as the Urban Sanitary Authority for that City, require to purchase and take the lands situate in the City, and which are described in the Schedule hereto, for the following purposes ; vi z. 1. The lands described in Part I. of the said Schedule for the purpose of widening and improving the street called Moston Lane ; 2. The lands described in Part II. of the said Schedule for the purpose of widening and improving Miller Street; 3. The lands described in Part III. of the said Schedule for the purpose of widening and improving the street called Shudehill; 4. The lands described in Part IV7. of the said Schedule for the purpose of widening and improving Rochdale Road ; 5. The lands described in Part V. of the said Schedule for the purpose of widening and improving Lloyd Street; 6. The lands described in Part VI. of the said Schedule for the purpose of widening and improving Sackville Street; 7. The lands described in Part VII. of the said Schedule for the purpose of widening and improving Gaythorn Street; 8. The lands described in Part VIII. of the said Schedule for the purpose of widening and improving South Junction Street; 9. The lands described in Part IX. of the said Schedule for the purpose of making a new street from the junction of Jordan Street and Commercial Street to the junction of Pond Street and Hiver Place ; 10. The lands described in Part X. of the said Schedule for the purpose of widening and improving Hulme Hall Road ; 11. The lands described in Part XI. of the said Schedule for the purpose of widening and improving Cornbrook Road, and for making a new street from Cornbrook Road to the Manchester Ship Canal Wharf; The lands described in Part XII. of the said Schedule for the purpose of widening and improving Grey Street; The lands described in Part XIII. of the said Schedule for the purpose of widening and improving Ogden Street; The lands described in Part XIV. of the said Schedule for the purpose of widening and improving Albert Road; The lands described in Part XV. of the said Schedule for the purpose of widening and improving Stockport Road: 38 & 39 V ^W there^ore' We tne Local ^eminent Board, in pursuance of the powers c. 55. 1C' given to Us by Section 176 of the Public Health Act, 1875, and by any other 4 [56 & 57 Vict.] Local Government Board's [Ch. CXXX.] Provisional Orders Confirmation (No. 12) Act, 1893, Statutes in that behalf, do hereby empower the Corporation, from and after the date of the Act of Parliament confirming this Order, to put in force, with reference to the lands described in the Schedule hereto, subject to the continuance of any existing public rights...

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