Local Government Board's Provisional Orders Confirmation (Atherton, &c.) Act 1877

Publication Date:January 01, 1877


Local Government Boards Provisional Orders Confirmation (Atherton, &c.) Act 1877

(40 & 41 Vict.) c. ccxlii

An Act to confirm certain Provisional Orders of the Local Government Board relating to the Local Government Districts of Atherton, Barnard Castle, Belgrave, Brigg, Brownhills, Cwmdu, and Dawlish, the Borough of Evesham, the Improvement Act District of High and Low Harrogate, the Borough of Ipswich, the Local Government District of Newbold and Dunston, the Rural Sanitary District of the Settle Union, the Local Government Districts of Slough and Southborough, the Borough of Swansea, and the Rural Sanitary District of the Ulverstone Union.

[14th August 1877]

[40 & 41 Vict.] Local Government Boards [Ch. ccxlii.] Provisional Orders Confirmation {Atherton, 8pc.) Act, 1877. CHAPTER ccxlii. An Act to confirm certain Provisional Orders of the Local a.d. 1877. Government Board relating to the Local Government Districts of Atherton, Barnard Castle, Belgrave, Brigg, Brownhills, Cwmdu, and Dawlish, the Borough of Evesham, the Improvement Act District of High and Low Harrogate, the Borough of Ipswich, the Local Government District of Newbold and Dunston, the Rural Sanitary District of the Settle Union, the Local Government Districts of Slough and Southborough, the Borough of Swansea, and the Rural Sanitary District of the Ulverstone Union. [14th August 1877.] W HEREAS the Local Government Board have, as regards the districts and boroughs herein mentioned, made the Provisional Orders set forth in the schedule hereunto annexed, under the provisions of the Public Health Act, 1875 : And whereas it is requisite that the said Orders should be confirmed by Parliament, and that the provision herein contained should be enacted in reference thereto : 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: Subject to the provisions of this Act, the Orders set out in the The Pro-schedule hereunto annexed shall be and the same are hereby con- onST in firmed, and all the provisions thereof shall, from and after the schedule passing of this Act, have full validity and force. confirmed. No land, soil, water, hereditaments, right, estate, privilege, Special power, or authority of any description belonging to, vested in, or theTrotec-enjoyed or exerciseable by Her Majesty in right of Her Duchy of tion of the Lancaster shall be entered upon, used, interfered with, taken away, ^hs ^ftlle \Local,-242.'\ A 1 I^nc^ster. [Ch. CCXlii.] Local Government Board's [40 & 41 Vict.J Provisional Orders Confirmation {Atherton, fyc.) Act, 1877. A.D. 1877. prejudiced, or diminished by or under or by force or virtue of this Act or of the Provisional Order hereby confirmed relating to the Improvement Act District of High and Low Harrogate, without the consent in writing of the Chancellor for the time being of the said Duchy first had and obtained. Special pro- 3. The owners or reputed owners of the land and premises the Provi- numbered 12 on the deposited plan referred to in the schedule to sional Order the Provisional Order relating to the Borough of Ipswich hereby the^ofouffh confirmed shall be deemed to be described as " The Board of Trade of Ipswich, or John Chevallier Cobbold" in lieu of " John Ohevallier Cobbold " n the said schedule mentioned, but this section shall not apply to the lands and premises numbered 13, 14, 15, 16, and 17 on the said deposited plan. Provision as 4. The Newbold and Dunston Local Board shall purchase and and Dunston *a^e ^ne ^an&s numbered 1, 2, and 4 on the deposited plan mentioned Provisional or referred to in the Provisional Order relating to the Local G-overn- Order. ment District of Newbold and Dunston set forth in. the schedule to this Act, and the said Local Board shall purchase, and the Sheep-bridge Coal and Iron Company, Limited, shall sell and convey to them, the field or piece of land, containing three acres and twenty-six perches or thereabouts, lying between the said lands numbered 2 and 4 and the Midland Railway, and now or late in the occupation of George Marsden, and every such purchase and sale shall be deemed to be a purchase and sale otherwise than by agreement under the provisions of the Lands Clauses Consolidation Acts. Short title. 5. This Act may be cited as the Local Government Board's Provisional Orders Confirmation (Atherton, &c.) Act, 1877. 2 [40 & 41 Vict.] Local Government Board's [Ch. CCXlii.] Provisional Orders Confirmation {Atherton, fyc.) Act, 1877. SCHEDULE. a.d. 1877. LOCAL GOVERNMENT DISTRICT OF ATHERTON. Provisional Order for altering and amending the Atherton Local Board Act, 1873. To the Atherton Local Board, being the Sanitary Authority for the Urban Sanitary District of Atherton, in the County of Lancaster; And to all others whom it may concern. WHEREAS the Local Government District of Atherton, in the County of Lancaster, is an Urban Sanitary District, of which the Atherton Local Board are the Urban Sanitary Authority, and the Atherton Local Board Act, 1873, is in force in the said District; And whereas by Section 6 of the said Act it is enacted that on the lands described in the second schedule to that Act, when purchased by the Atherton Local Board, or any part thereof (but not on any other lands), the Local Board may erect, construct, and from time to time maintain, alter, remove, or enlarge retorts, gasholders, receivers, meters, apparatus, and works for the purposes therein mentioned, and all proper roads, approaches, and conveniences connected therewith, and may make and store in and at the same gas and coke, and other residual products and matters producible therefrom; And whereas by Section 23 of the same Act it is further enacted that the Atherton Local Board may from time to time purchase by agreement any lands, and that they may hold the same, not exceeding in the whole at one time five acres; And whereas by Section 30 of the same Act, it is also enacted that, in addition to any money which, under the Public Health Acts, the Atherton Local Board are authorised to borrow, they may, by virtue of that Act, borrow at interest, for gas purposes, a sum not exceeding twenty thousand pounds, on mortgage of the gas fund, with or without including the gasworks, and with or without including the General District Rate ; And whereas by Section 303 of the Public Health Act, 1875, the Local Government Board are empowered, on the application of the Sanitary Authority of any Sanitary District, by Provisional Order, wholly or partially to repeal, alter, or amend any Local Act, other than an Act for the conservancy of rivers, which is in force in any area comprising the whole or part of any such District, and not conferring powers or privileges on any persons or person for their or his own pecuniary benefit, which relates to the same subject-matters as the Public Health Act, 1875 ; And whereas the first-mentioned Act is a Local Act within the meaning of, and relates to the same subject-matters as, the Public Health Act, 1875, and the said Urban Sanitary Authority have applied to the Local Government Board to alter and amend the same as herein-after mentioned ; A 2 " 3 [Oh. CCxlii.] Local Government Board's [40 & 41 Vict.] Provisional Orders Confirmation (Atherton, 8fC.) Act, 1877... A.D. 1877. And whereas the Local Government Board, on receipt of such application, directed a Local Inquiry to be held on the subject, and the same was held, after due public notice, and report has been made to them thereon: Now therefore, We, the Local Government Board, in pursuance of the powers given by the Statutes in that behalf, do hereby Order that, from and after the Twenty-ninth day of September, One thousand eight hundred and seventy-seven, the following provisions shall take effect, viz.: I. Section 6 of the said Local Act shall be altered, and shall provide that the Atherton Local Board may, on the land described in the Schedule hereto, erect, construct, and from time to time maintain, alter, remove, or enlarge retorts, gasholders, receivers, meters, apparatus, and works for the purposes therein mentioned, and all proper roads and approaches and conveniences connected therewith, and may make and store in and at the same gas and coke, and other residual products and matters producible therefrom, anything in the said Section or Local Act to the contrary notwithstanding. II. Section 23 of the said Local Act shall be altered, and shall provide that the Local Board may take upon lease the lands described in the Schedule hereto, or any other lands, subject to such rent, covenants, and conditions as may be agreed upon between them and the owners of such lands. Provided always, that the lands so to be purchased or taken upon lease shall not exceed in the whole at one time five acres. III. Section 30 of the said Local Act shall be altered so as to enable the Atherton Local Board, subject to the sanction of the Local Government Board, to borrow, under the provisions thereof, any sum or sums not exceeding in the whole the sum of tliirty thousand pounds, in addition to the sum of twenty thousand pounds therein mentioned, such sum to be applied in the manner directed by the said Local Act with respect to the said sum of twenty thousand pounds. The SCHEDULE above referred to. A piece of land, containing three thousand seven hundred and twenty superficial square yards or thereabouts, situate in the Township of Atherton, in the County of Lancaster, bounded and measuring as follows, namely, on the north side two hundred and forty-four feet six inches or thereabouts by the present gasworks of the Local Board, on the south side two hundred and forty-six feet six inches or thereabouts by the centre line of Factory Street, on the east side one hundred and fifty feet six inches or thereabouts by the centre line of Water Street, and on the...

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