Newcastle-upon-Tyne Improvement Act 1882
| Jurisdiction | UK Non-devolved |
| Citation | 1882 c. clxxii |
| Year | 1882 |
&46VICT.] Neivcastle-upon-Tynelmprove'ment [Ch Clxxii
Act, 1882.
CHAPTER clxxii.
An A et to enable the May or Aldermen and Citizens of the
A.D.
1882.
City of Newcastle-upon-Tyne to eonstruct new Streets
Roads and Street and Eoad Improvements Tramways
and other Works and to make further provision for the
good Government of the City and for other Purposes.
[lOth August 1882.]
W
HERBAS Her Majesty has by Her Royal Charter dated the Charter
thirtieth day of June one thousand eight hundred and eighty- jg^
two
declared that the borough of Newcastle-upon-Tyne shall be a city
and be styled " the city and county of Newcastle-upon-Tyne " and
that the mayor aldermen and burgesses of the borough of New-
castle-upon-Tyne shall thenceforward be one body politic and cor-
porate by the name and style of " the mayor aldermen and citizens
" of the city and county of Newcastle-upon-Tyne" (in this Act
called " the Corporation ") :
And whereas the city and county of Newcastle-upon-Tyne (in
this Act called " the city ") is subject to the Acts relating to
municipal corporations and the Corporation acting by the council
are the urban sanitary authority for the district thereof :
And whereas at the date of the said charter the several local
Acts and the provisional order mentioned in .the first schedule to
this Act were in force within the said borough which Acts and
order are in this Act referred to collectively as " the former Acts "
and each of them separately as an Act or ordèr of the year in which
the same was passed or made :
And whereas it is expédient that the former Acts be made
applicable to the city :
And whereas it is expédient that the Corporation be empowered
to eonstruct and maintain the new streets and street improvements
herein-after mentioned and that further powers be conferred upon
them in relation to street improvements and buildings within the
city:
[Zocal.-n2.~l A 1.
TOh ClXXii.]
Newcastle-upon-Tyne
Improvement [45 & 46 YICTI
M1882. "J
A.D.
1882.
And whereas by the Act of 1877 the Corporation were autho-
— rised to construct and maintain wholly within the city the street
40J41
Vict" tramways therein described to be used with animal power only :
And whereas by the order of 1879 the Corporation were autho-
rised to construct and maintain the additional street tramways
therein described a portion of winch were authorised under certain
conditions to be worked by steam or other mechanical power :
And whereas it is expédient that the Corporation be authorised
to construct and maintain the additional street tramways herein-
after described :
And whereas it is expédient that in the events and subject to
the conditions herein-after expressed the use of steam or any
mechanical power on ail the tramways of the Corporation be
authorised :
And whereas it is expédient that the powers of the Corporation
with respect to the prévention of the spread of certain infectious
diseases and for the making and enforcing sanitary régulations
should be amended and extended :
And whereas there is within the city a tract of land containing
about one thousand one hundred and fifty acres bearing in différent
parts différent names but ordinarily and in this Act called by the
collective name of " the Town Moor
:
"
And whereas the Corporation are or claim to be entitled to the
soil of the town moor for an estate in fee simple and the same is
subject to a right or benefit of herbage in the résident freemen or
burgesses of the city and the résident widows of deceased freemen
or burgesses of the city which right or benefit is in this Act called
" herbage right
:
"
And whereas by the Act of 14 George III. chapter 105 (private)
in this Act referred to as " the Town Moor Act of 1774 " provisions
were enacted for and in relation to the enjoyment management and
improvement of the surface of the town moor and within certain
limits the enclosure
thereof.
33&34Vict. And whereas by the Act of 1870 (section 6) a committee of
stewards and wardens were constituted (in this Act referred to as
" the committee of stewards and wardens ") who were thence-
forward authorised and required to act for and on behalf of the
stewards and wardens freemen and widows of freemen for ail
purposes relating to the town moor :
And whereas under the powers of the Act of 1870 (section 13)
the Corporation hâve taken possession of and appropriated thirty-
five acres of that part of the town moor known by the name of
" the Castle Leazes " as a public park and hâve levelled drained
2
c. cxx.
f45
&
46 VICT.]
N'ewcastle-upon-Tyne
Improvement [Ch. ClXXii 1
1 Act, 1882.
fenced planted and otherwise improved the same and such park is A.D. 1882.
called "the Leazes Park" and the Corporation hâve also taken —
possession of and appropriated thirty-five acres of the other part of
the town moor as a public park (in this Act called "the Town
« Moor Park ") and hâve fenced the same and it is expédient that
they he authorised to construct and maintain therein public baths
and that their powers in relation to the said park and to other their
public parks be extended :
And whereas it is expédient that the Corporation and the com-
mittee of stewards and wardens be empowered to enter into and
fulfil agreements for and in relation to the appropriation of other
parts of the town moor free from herbage right as a park or parks
for the inhabitants of other parts of the city in lieu of any portion
or portions of the Town Moor Park :
And whereas it is expédient that the Corporation be empowered
to sell free from herbage right the outlying parts of the town moov
described in the second schedule to this Act and to appropriate
the purchase money to the improvement of other parts of the town
moor :
And whereas it is expédient that the Corporation be empowered
to acquire lands compulsorily for the purposes of the Act :
And whereas the Corporation are by the Act of 1865 (section 129)
28
& 29 Vict.
authorised to levy an improvement rate (in that Act and herein-af ter c-ccl-
referred to as the improvement rate) for the carrying into exécution
the purposes of that Act and by the Act of 1870 (section 2) and the
Si&35
Vict.
Act of 1871 (section 4) the purposes of those Acts respectively are c-CXXXT-
declared to be purposes of the said Act of 1865 and it was provided
by that Act that the limit of the amount of that rate should not
exceed in any one year the sum of one shilling in the pound on the
annual value of the property rated thereto but inasmuch as it is by
the Act of 1877 (section 49) provided that the expenses of carrying
into exécution certain of the provisions of that Act should be
paid out of the improvement rate the limit thereof was extended
(section 50) to one shilling and three pence in the pound on such
value :
And whereas it is expédient that the expenses of carrying into
exécution certain of the purposes of this Act should be charged on
the improvement rate and that the limit of the amount of that rate
to be levied in any one year be further extended :
And whereas it is expédient that further powers be granted to
the Corporation for the borrowing of money and for the improving
and better governing of the city and that the former Acts be in
A 2 3
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