Local Government Supplemental Act 1871

Publication Date:January 01, 1871


Local Government Supplemental Act 1871

(34 & 35 Vict.) c. i

An Act to confirm certain Provisional Orders under "The Local Government Act, 1858," relating to the districts of Barton, Eccles, Winton, and Monton, Bognor, Bolton (2), Burton-on-Trent, Chippenham, Chiswick, Derby, Harrogate (3), Kidderminster (2), Merthyr Tydfil, Northam, Ryde, Stroud, Trowbridge, and Worthing; and for other purposes relative to certain districts under the said Act.

[25th May 1871]

[34 Vict.] The Local Government Supplemental Act, 1871. [Oh. i.] CHAP. i. An Act to confirm certain Provisional Orders under " The Local A.D. i87i. \ Government Act, 1858/' relating to the districts of Barton, Eccles, Winton, and Mqnton, Bognor, Bolton (2), Burton- ? w on-Trent, Chippenham, Chiswick, Derby, Harrogate (3), Kidderminster (2), Merthyr Tydfil, Northam, Ryde, Stroud, Trowbridge, and Worthing; and for other purposes relative to certain districts under the said Act. [25th May 1871.] mTTHEREAS the Secretary of State for the Home Department,' M f being one of Her Majesty's Principal Secretaries of State, has, under the provisions of the Local Government Act, 1858, duly made certain Provisional Orders, which are contained in the schedule to this Act annexed; and it is provided by the aforesaid Local Government Act that no such Orders shall be of any validity whatever until they shall have been confirmed by Parliament; and it is expedient that the said Orders should be so confirmed, and other provisions made with respect to certain districts under the Local Government Act aforesaid: 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 Provisional Orders contained in the schedule hereunto Provisional annexed shall, from and after the passing of this Act, be absolute, fde]ls1 m and be as binding and of like force and effect as if the provisions of confirmed. the same had been expressly enacted in this Act, except so much of the third Provisional Order relating to the district of High and Low Harrogate as follows the words " shall be repealed " in the last clause of the said Order, and the said Order shall be read as if so mucji of the said clause were struck out of the said Order. 2. Whereas the boundary of the district included under the Defining Local Act for the improvement of the town of Chippenham in the bndariea county of Wilts referred to in the Order in the schedule to this Act Chippenham. [LocaL-4 .~\ A 1 [Oh. i.] The Local Government Supplemental Act, 1871. [34 Vict.] r A.D. 1871. is not sufficiently defined: Be it enacted, that from and after the to take the custody of such documents as shall be directed to be " deposited with them under the Standing Orders of either House " of Parliament;" and the second of such plans to be deposited in the Local Government Act Office; and the third shall remain in the custody of the said local board and their successors, and which said plans or any of them, or copies or extracts therefrom, certified under the hand of the clerk of the peace for the time being of the said county or under the seal of the said local board, as the case may be, as being true copies or extracts thereof or therefrom, shall be received in evidence in all courts of justice and before all justices of the peace in relation to all matters and proceedings concerning the boundaries and limits of the said district, or any part or parts thereof. 3. Tf the clerk to the commissioners acting under the local Act confirmation of the said Order by this Act, the boundary of the district of Chippenham shall be that described in the schedule to the said Order, and shown on three plans signed by the Secretary of State for the Home Department, and sealed with the seal of the local board of the said district, one of which plans shall be deposited with the clerk of the peace for the county of Wilts,-subject in all respects to the provisions of the Act of the first year of the reign of Her Majesty Queen* Victoria, chapter eighty-three, entitled "An " Act to compel Clerks of the Peace for counties and other persons recited in the Provisional Order for the district of Chippenham in the Compensation to clerk to commissioners under county of Wilts in the schedule of this Act contained, part of which Chippenham \0CBi ^ct js repealed by the said Order, shall by reason of th^ for loss of transfer of the powers of the commissioners to the local board be office. superseded, or if his present remuneration shall be affected, or if he shall be removed from his office, and not be employed and retained in an office of equal value by the Chippenham local board, he shall be entitled to have an adequate compensation for the profits, salary, and emoluments of the office which he will cease to hold, the said compensation to be by way of annuity or otherwise, and to be assessed by the Commissioners of Her Majesty's Treasury, upon the within three founded a declaration made by the said clerk setting forth the salary, profits, emoluments durin .mis such other evidence as the said local board may require, as to the nature the same regard shall be had to the manner of his appointment to 2 [34 Vict.] The Local Government Supplemental Act, 1871- r0h. 1.] such office, and his term therein; and the said local board shall from A.D 1871. time to time pay tonstfidrcieArout-of any general district reclama finally awarded by the Commit of Her Majesty's Treasury as the same shall become due and be payable. office. 4. If the clerk to the commissioners acting under the local Act Compensa- recited in the Provisional Order for the district.of Trowbridge in the ^ommis- county of Wilts in the schedule of this Act contained, part of which sioners under local Act is repealed by the said Order, shall by reason of the \J^j[ltge transfer of the powers of the commissioners to the local board be for loss of superseded, or if his present remuneration shall be affected, or if he shall be remoyed from his office, and not be employed and retained in an office of equal value by the Trowbridge local board, he shall be entitled to haye an adequate compensation for the profits, salary, and emoluments of the office which he will cease to hold, the said compensation to be by way of annuity or otherwise, and to be assessed by the Commissioners of Her Majesty's Treasury, upon the, report of the said local board, to be made within three months after the said clerk shall haye been superseded in his office, founded upon a declaration made by the said clerk setting forth the salary, profits, and emoluments derived by him or his1 predecessors for eyery year during a' period of fiye years next before the day when he shall have ceased to hold the office of clerk to the commissioners, and such other evidence as the said local board may require, as to the amount, nature, and particulars of such profits; and in assessing the same regard shall be had to the manner of his appointment to such office, and his term therein; and the said local board shall from time to time pay to such clerk, out of any general district rates, the money which shall upon such report, and any appeal or reclamation against the same, be finally awarded by the Commissioners of Her Majesty's Treasury as the same shall become due and be payable. 5. Whereas Queen Street in the city of Oxford, and within the Power to district of the local board, is one of the principal streets of that city, tfm^ bein ^C and the western end thereof at its junction,with the street known as of the parish the New Road, within the same city and district, (which streets ^j^^^' together form the main thoroughfare to and from the railway Oxford, to stations,) is narrow, and altogether insufficient for the large amount !fke do)v£ of , traffic passing along it, and is also dangerous by reason of the church, and sharp angle at the turning out of Queen Street: And whereas the t0 sel1 a^d southern end of New Inn Hall Street, within the same city, and bite thereof district, where it joins Queen Street aforesaid, is also very narrow totheOx&ri and inconvenient: And whereas it would be a great public im- for public A 2 3 [Oh, i.] The Local Government Supplemental Act, 1871. [34 Vict.] I L and of the churchyard belonging and adjoining thereto were thrown A.D. 1871. prorement if the church of1 Saint Peter-le-Bailey, which abuts on improve^ ^e north side of Queen Street and on the west side of New Inn ments, the Hall Street aforesaid, were taken down, and a part of the site thereof money arising from such sale to into those streets: And whereas it has been agreed between the Oxford local board and the Reverend Henry Linton, rector of the he applied in building a - v i in consideration of the sum of one thousand four hundred pounds new parish parish of, Saint Peter-le-Bailey aforesaid, that the said Henry Linton, church in church so to be paid to him by the said local board, will (if and when legally taken down, enabled so to do) sell and convey to such board so much of the site of the church and churchyard aforesaid as is herein-after described (and is also shown upon a plan which has been deposited with the clbrk of the peace for the county of Oxford, and thereon coloured red), to the intent that the same shall be thrown into the aforesaid streets for the widening of the same: And whereas at a meeting of the inhabitants of the parish of Saint Peter-le-Bailey in vestry assembled, held on the nineteenth day of May last, a proposal made by the said Henry Linton for taking down the said existing parish church and building a new church in lieu thereof on a site in New Inn Hall Street aforesaid, within the said parish, which site the said Henry Linton is willing to give for that purpose, was considered and adopted, and at such meeting the sale to the said local board of such parts as aforesaid of the...

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