Weston-super-Mare Improvement Commissioners Water Act 1878

Publication Date:January 01, 1878


Weston-super-Mare Improvement Commissioners Water Act 1878

(41 & 42 Vict.) c. clxxxv

An Act to authorise the Weston-super-Mare Improvement Commissioners to supply Water within the Urban Sanitary District of Weston-super-Mare and within the parishes of Uphill, Kewstoke, and Worle, in the county of Somerset; to purchase the undertaking of the Weston-super-Mare Waterworks Company; and for other purposes.

[22nd July 1878]

[41 & 42 Vict. J Weston-super-Mare Improvement [Ch. clxxxv.] Commissioners Water Act, 1878. CHAPTER clxxxv. An Act to authorise the Weston-super-Mare Improvement a.d. ists. Commissioners to supply Water within the Urban Sanitary District of Weston-super-Mare and within the parishes of Uphill, Kewstoke, and Worle, in the county of Somerset; to purchase the undertaking of the Weston-super-Mare Waterworks Company; and for other purposes. [22d July 1878.] W HEREAS the Weston-super-Mare Improvement Commis sioners appointed under and by virtue of the Weston-super- 5 & 6 Vict. Mare Improvement and Market Act, 1842, and acting under the c'xx' authority of the said Act, and of the Weston-super-Mare Improve- 14 & 15 Vict. ment and Market Act, 1851, and of three provisional orders made c' under the authority of the Local Government Act, 1858, and 21 & 22 Vict. bearing date respectively the fourth day of May one thousand eight c' 98' hundred and sixty-one, the fifteenth day of July one thousand eight hundred and sixty-one, and the sixth day of June one thousand eight hundred and seventy-six, and confirmed respectively by the 24 & 25 Vict. Local Government Supplemental Act, 1861 (No. 2), and the Local c' " ' Government Board's Provisional Orders Confirmation (Birmingham, 39 & 40 Vict. &c.) Act, 1876, are now the urban sanitary authority within the "ccn" urban sanitary district of Weston-super-Mare for the purposes of the Public Health Act, 1875, and of the said local and personal 38 & 39 Vict. Acts and provisional orders : c" And whereas the said Improvement Commissioners are desirous that the supply of water within the said urban sanitary district should be subject to their control and management, and that they should be authorised to supply water to the neighbouring parishes of Uphill, Kewstoke, and Worle, hi the county of Somerset, and it is expedient that for giving effect to such desire provisions such as are in this Act contained should be made : And whereas the Weston-super-Mare Waterworks Company were incorporated by the Weston-super-Mare Waterworks Act, 1853, \Local.-485.' file:///Local.-485.' ] A 1 [Ch. Clxxxv.] Westm-super-Mare Improvement [41 & 42 Vict.] Commissioners Water Act, 1878. A.D. 1878. with a share capital of eighteen thousand pounds and loan capital not exceeding three thousand six hundred pounds, and were thereby empowered to supply water within the town of Weston-super-Mare, and by the Weston-super-Mare Water Order, 1873, as confirmed by 36 & 37 Vict, the Gas and Water Orders Confirmation Act, 1873, the said Com- "' pany were empowered to raise for the purposes of their under- taking additional share and loan capital to the amount of twelye thousand pounds in shares, and not exceeding three thousand pounds by loan: And whereas the capital of the Company on the first day of December one thousand eight hundred and seventy-seven consisted of the following: Balance not Created. Called up. called up. 900 original shares (£20) - £18,000 - ? £18,000 - Nil 150 new shares, 1874 (£20) - 3,000 ? 2,175 - £825 150 new shares, 1876 (£20) - 3,000 ? 2,175 825 Total £24,000 £22,350 £1,650 And whereas the Company have no mortgage debt: And whereas the said Improvement Commissioners have entered into an agreement with the said Company, bearing date the twelfth day of December one thousand eight hundred and seventy-seven, for the purchase by the said Improvement Commissioners of the waterworks and undertaking of the said Company, and of all their rights, powers, and authorities in connexion therewith under the 16 & 17 Vict. Weston-super-Mare Waterworks Act, 1853, and it is expedient that the same be carried into effect in manner by this Act provided: And whereas estimates have been prepared by the said Improvement Commissioners showing that they will have to grant or create and issue debentures or debenture stock to secure the sum of sixty-five thousand pounds (the consideration to be paid for the purchase of the said waterworks and undertaking of the Company), and that they may from time to time require to borrow moneys to an amount in the aggregate not exceeding ninety thousand pounds for the redemption of such debentures or debenture stock, and for works necessary for the improvement of the said waterworks and the extension of the same, and of the mains and other pipes connected therewith: And whereas such waterworks and works are permanent works within the meaning of the two hundred and thirty-fourth section of 38^39 Vict. the puhiic Health Act, 1875, and it is expedient that the said Improvement Commissioners should be authorised to grant or create 2 [41 & 42 Vict.] Weston-super-Mare Improvement [Ch. CIXXXV.] Commissioners Water Act, 1878. and issue debentures or debenture stock and to borrow money for A.D. 187S. those purposes: And whereas an absolute majority of the whole number of the said Improvement Commissioners, at a meeting held on the thirteenth day of November one thousand eight hundred and seventy-seven, after ten clear days notice by public advertisement of such meeting and of the purpose thereof in the Weston Mercury and Somersetshire Herald, a local newspaper published or circulating in the said district of Weston-super-Mare, such notice being in addition to the ordinary notices required for summoning such meeting, resolved that the expense in relation to promoting the Bill for this Act should be charged on the district fund and general district rate: And whereas such resolution was published twice in the said Weston Mercury and Somersetshire Herald, and has in respect of matters within the jurisdiction of the Local Government Board received the approval of such Board: And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the said Improvement Commissioners, at a further special meeting held in pursuance of a similar notice on the thirteenth day of February one thousand eight hundred and seventy-eight, being no less than fourteen days after the deposit of the Bill in Parliament: And whereas the owners and ratepayers of the said district of Weston-super-Mare, by a resolution passed in manner provided by Schedule III. annexed to the Public Health Act, 1875, with respect 38 & 39 Vict. to the passing of resolutions of owners and ratepayers under that c* ' Act, consented to the promotion of the Bill for this Act: And whereas the objects aforesaid cannot be effected without the authority of Parliament: 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,) Preliminary. This Act may be cited for all purposes as the Weston-super- Short title. Mare Improvement Commissioners Water Act, 1878. The provisions of the Lands Clauses Consolidation Acts, 1845, Incorpora-1860, and 1869, (except with respect to the purchase and taking tlon *j . of lands otherwise than by agreement, and with respect to the entry s & 9 Vict. on lands by the promoters of the undertaking,) and of the Water- c-18-works Clauses Acts, 1847 and 1863 , are (except where the same are c jQg A 2 3 [Oh. CIXXXV.] Weston-snper-Mare Improvement [41 & 42 Vict.] Commissioners Water Act, 1878. A.D. 1878. expressly varied by this Act) incorporated with and form part of . this Act, and the provisions of the Waterworks Clauses Act, 1863, 32&33Vlct. s^u ^^ a ^^ tQ tlie water undertaking 0f the Company when 10 & n Yict. transferred to the Commissioners under the provisions of this Act 26&27Vict. as to any pipes or works which may he laid down or constructed c. 93. under the provisions of this Act. Interprets- 3. In the construction of this Act the following expressions tion of terms, shan have the meanings herein-after assigned to them respectively, unless there be something in the subject-matter or context repugnant to such construction: The expression "the Commissioners" shall mean the Weston-super-Mare Improvement Commissioners acting as the urban sanitary authority within the urban sanitary district of Weston-super-Mare : The expression "the district" shall mean the urban sanitary district of Weston-super-Mare: The expressions " district fund " and " general district rate " shall mean respectively the district fund and general district rate of the district: The term " Company" shall mean the Weston-super-Mare Water- 16 & 17 Vict. works Company incorporated by the Weston-super-Mare Water- clxvi. works Act, 1853 : The term " special Act" in relation to the Company shall mean 16 & 17 Vict. the Weston-super-Mare Waterworks Act, 1853, and the Weston- c-lxvi- super-Mare Water Order, 1873, confirmed by the Gas and 36&37 Vict. Water Orders Confirmation Act, 1873 : c.xln. Tlae term "the undertaking" in relation to the Company shall mean the Weston-super-Mare Waterworks, and all rights, privileges, powers, and authorities granted to the Company by the special Act, and now subsisting or capable of taking effect, and all the lands, buildings, reservoirs, aqueducts, conduits, easements, tenements, and hereditaments, main and other pipes, steam and other engines, boilers, meters, machinery, tools, implements, material, plant, chattels, and effects of or belonging to the Company: The several words and expressions to which by the Acts in whole or in part incorporated with this Act meanings are assigned have in this Act the same...

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