West Hartlepool Extension and Improvement Act 1870

Publication Date:January 01, 1870


West Hartlepool Extension and Improvement Act 1870

(33 & 34 Vict.) c. cxiii

An Act for extending the limits of the district under the authority of the West Hartlepool Improvement Commissioners, and for making better provision for the improvement and government of the extended district; and for other purposes.

[4th July 1870]

[33 & 34 Vict.] The West Hartlepool Extension Ch. CXiii.] and Improvement^Afit* 1870. CHAP- cxiii, An Act for extending the limits of the district under the a.p, i87o. authority of the West Hartlepool Improvement Commis sioners, and for making better provision for the improve ment and government of the extended district; and for other purposes. [4th July 1870.] TTfHEEEAS hy the West Hartlepool Improvement Act, 1854, 17 & 18 Vict V V (in this Act called the Improvement Act of 1854,) provision was made for the paving, lighting, "watching, draining, cleansing, regulating, and improving of a district consisting of the town of West Hartlepool and other parts of the township of Stranton in the county of Durham, and for providing a cemetery for the same, and for other purposes connected therewith, and hy that Act a body of elective Commissioners was constituted and incorporated : And whereas on the seventeenth day of May 1859 the Commissioners exercised the power of partial adoption of the Local Government Act, 1858 : And whereas subsequently the Commissioners adopted the whole of the Local Government Act, 1858, and became a local board under that Act: F And whereas by a provisional order dated the tenth day of May 1866, and confirmed by the Local Government Supplemental Act, 1866 (No. 3), many of the provisions of the Improvement Act of 1854 were wholly or partially repealed, and especially provisions thereof incorporating the Commissioners Clauses Act, 1847, and the Towns Improvement Clauses Act, 1847, were as to that incorporation partially repealed: And whereas it is highly inconvenient for the district that there should be in force therein a variety of provisions affecting the improvement and government of the district and the health and comfort of the inhabitants thereof comprised in different Acts not uniform in language and sometimes conflicting in effect, and it is [Local.-H3.] A 1 [Ch. CXiiL] the West Hartlepool Extension [33 & 34 Vict.] and Improvement Act, 1870. A.D. 1870. therefore expedient to consolidate enactments in force relative to the improvement and government of vthe district and other matters, and to simplify and amend them: And whereas it is expedient at the same time to extend in various Commissioners 'overn ment: And whereas it is expedient that the district of the Improvement Act of 1854 be extended so as to comprise a further portion of the township of Stranton and a portion of the township of Seaton Oarew in the county of Durham (which extended district is in this Act called the improvement district): And whereas it is expedient that the Commissioners be empowered to make an improvement of a street in the township of Stranton, and for that purpose to take lands by compulsion or agreement: And whereas it is expedient that the Commissioners be authorised to borrow further sums for the purposes of this Act: And whereas the objects aforesaid cannot be attained without the authority of Parliament: And whereas plans and sections describing the lines, situations, and levels of the proposed improvement of a street, and a book of reference to those plans containing the names of the owners or reputed owners, lessees or reputed lessees, and occupiers of lands in the line of the proposed improvement, or within the limits of deviation as defined on the plans and describing those lands, have been deposited with the clerk of the peace for the county of Durham (which are in this Act referred to as the deposited plans, sections, and book of reference) : May it therefore please Your Majesty that it may be enacted; and be it 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; (that is to say,) Short title. I.Pbelimin ary. ted as The West I Improvement Act, 1870. Commence- 2. This Act shall commence from and immediately after the ment of Act. thirty-first day of August one thousand eight hundred and seventy. Interpreta- 3. In this Act tion of terms. tj^g term person " includes an incorporated company and a corporation aggregate or sole : 2 [33 & 34 Vict.] The West Hartlepool cmd Improvement A ?] The term "justice55 means a justice of the peace for the county AD. 1870 of Durham or a stipendiary justice appointed under the Act of the session' of the ninth and tenth years of the reign of Her present Majesty, chapter sixty-five, or under any other Act for the time being in force : The term " two justices " means two or more justices assembled and acting together in petty sessions or a stipendiary justice : The term " court of quarter sessions5J means the court of general or quarter sessions for the county of Durham: The term " Established Church " means the Church of England as by law established: The term " the Secretary of State55 means one of Her Majesty's Principal Secretaries of State: The term " street5' applies to and includes any highway or road (not being a turnpike road or railway), and any public bridge (not being a county bridge), lane, footway, square, court, alley, passage, whether a thoroughfare or not, and the parts of any such highway, road, bridge, lane, footway, square, court, alley, or passage within the improvement district, whether made before or after the commencement of this Act: The term "owner" means the person who for the time being receives the rackrent of the lands with reference to which that term is used, whether on his own account or under or .by virtue of any mortgage or charge, or as agent or trustee for any other person, or who would so receive the same if the lands were let at a rackrent, and includes every successive owner from time to time of the lands for any part of the time during which the enactment wherein that term is used operates in relation to such lands : The term " occupier " means the person for the time being in actual occupation or possession of the lands with reference to which that term is used: The term " drain " means a drain pipe, channel, or gutter made or used for the drainage of one building only, or of buildings or lands within the same curtilage: The term " sewer55 means a culvert or channel for the passage of water, sewage, or refuse, not being a drain as in this Act defined: m The term " water rent55 includes every sum of money payable for a supply of water: The term " slaughter-house 55 includes a knacker's yard and any building or place used for slaughtering or dressing animals for sale: A 2 3 A.D. 1870. [Oh. CXiii] The West Hartlepool Extension [33 & 34 Vict.] and Improvement Act, 1870. The term "cart" includes any vehicle made or used for the conveyance of goods, commodities, or chattels in a street: The term "carriage" includes any vehicle of what nature soever made or used for the conveyance of persons in a street: The term "cattle" includes horses, asses, mules, sheep, goats, !W1 Effect of schedules. 8 & 9 Vict. c. 18.. 23 & 24 Vict. c, 106., and 32 & 33 Vict. c. 18. incorporated, Limits of Act. Custody of plan deposited. Application of ^A.ct. im _ , . w ? .. comprised in the definition of cattle in this Act: term " driver " means the driver, conductor, or carter of a carriage or cart: And in this Act and in any Act incorporated wholly or in part with this Act the term "court of competent jurisdiction" shall have effect as if the debt or demand with respect to which it is used was a common simple contract debt and not a debt or demand created by statute, and the term "superior courts " shall include courts of competent jurisdiction within the meaning of this Act. 4. The schedules to this Act shall be construed and have effect as part of this Act. Repeal and discontinuance of enactments, &c, as and the Acts or parts of Acts described in the same schedule, Part in schedule. 5. Prom and after the commencement of this Act, the Acts de scribed in the first schedule to this Act, Part I., shall be repealed, II., shall cease to apply to the improvement district. The Lands Clauses Consolidation Acts, 1845, 1860, and 1869 shall be incorporated with this Act, and for the purposes of such incorporation the term " the promoters of the undertaking" in the said Acts shall be construed to mean the Commissioners acting in the execution of this Act. The limits of this Act, in this Act otherwise called the improvement district, comprise the following districts ; (namely,) Pirst. The district of the Improvement Act of 1854, which is particularly described in the second schedule to this Act, Part I., and which is in this Act called the original district: and Seeondlv. The district described in the same schedule, Part II., which is in this Act called the additional district. The clerk of the peace for the county of Durham shall retain the plan mentioned in the second schedule to this Act, Part I., and the Act passed in the first year of Her Majesty's reign, chapter eighty-three, shall apply thereto. This Act shall (except where it is expressly provided otherwise) apply to and within the improvement district exclusively. 4 [33 & 34 Vict.] The West Hartlepool Extension [Ch. cxiii.] and Improvement Act 1870. II.Constitution and Election of Commissioners. a-d- 18?o. tion of Com missioners. 10. There shall be Commissioners for the purpose of carrying this Act into execution, and such Commissioners for the time being shall he a body corporate by'the name of the West Hartlepool Improvement Commissioners, and by that name shall have perpetual succession and a common seal, and shall have power to sue and be sued, and to take, purchase and hold, sell and convey lands, tene ments...

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