Weston-super-Mare Urban District Council Act 1896

Publication Date:January 01, 1896


Weston-super-Mare Urban District Council Act 1896

(59 & 60 Vict.) c. ccli

An Act for empowering the Urban District Council of Weston-super-Mare to acquire the Undertaking of Knightstone Weston-super-Mare Limited and to construct works and for extending the powers of the Council in relation to certain matters and for other purposes.

[14th August 1896]

[59 & 60 Vict.] Weston-super-Mare Urban [Oh. CCli.] District Council Act, 1896. CHAPTER cell. An Act for empowering the Urban District Council a.d. 1896. of Weston-super-Mare to acquire the Undertaking of Knightstone Weston-super-Mare Limited and to construct works and for extending the powers of the Council in relation to certain matters and for other purposes. [14th August 1896.] W HEREAS the Urhan District Council of Weston-super-Mare are the urhan sanitary authority for the urhan district of Weston-super-Mare and have divers powers under the Weston-super-Mare Improvement Act 1887 and other local and personal Acts and Provisional Orders which are in force within the district: And whereas Knightstone Weston-super-Mare Limited was on the fourteenth day of Eehruary one thousand eight hundred and ninety-one incorporated and registered under the Companies Acts 1862 to 1890 for the following amongst other ohjects (that is to say): To purchase or otherwise acquire or hecome interested in a certain island peninsula or plot or parcel of land and hereditaments situate in the parish of Weston-super-Mare in the county of Somerset called Knightstone and the causeway or road leading thereto and all or any messuages baths buildings reservoirs machinery works and conveniences on the said premises and to develop and improve the said property : And whereas the company acquired the said property and have maintained improved enlarged and developed the same and have laid out pleasure grounds on the said island and are seized or possessed or claim to he seized or possessed of the freehold hereditaments and the property and effects comprised respectively in the first and second parts of the schedule to the agreement set forth in the Eirst Schedule to this Act: [Price Is. 9d] A 1 [Oil. CCli.] Weston-super-Mare Vrban [59 & 60 Vict.] District Council Act, 1896. A.D. 1896. And whereas the nominal capital of the company is six thousand and seven pounds divided into seven founders shares of one pound each and six hundred ordinary shares of ten pounds each of which the seven founders shares and four hundred and ten ordinary shares have heen created and issued and are fully paid up and the company have a mortgage debt of four thousand five hundred pounds: And whereas it is expedient that for the benefit and advantage of the district the Council be empowered to acquire the undertaking of the company and the Council have entered into an agreement with the company for the purchase by the Council of the undertaking of the company a copy of which agreement is set forth in the First Schedule to this Act and it is expedient that the same be confirmed and made binding on the parties as by this Act provided and that such powers as are in this Act contained be conferred on the Council in relation to the undertaking of the company when vested in them : And whereas it is expedient that the Council be empowered to widen and extend the parade in the district as by this Act provided: And whereas it is expedient that the powers of the Council in relation to certain matters be extended and enlarged and that the Act of 1887 be in divers respects amended as by this Act provided: And whereas it is expedient that such further provisions as are in this Act contained be made with respect to the Council and the district: And whereas estimates have been prepared by the Council for the execution of the works and for the purchase of land by this Act authorised and the estimates are as follows: For widening and extending the parade - - 7900 And whereas the works included in such estimates are permanent works within the meaning of the 234th section of the Public Health Act 1875 : And whereas an absolute majority of the whole number of the Council at a meeting held on the twenty-first day of November one thousand eight hundred and ninety-five after ten clear days' notice by public advertisement of the meeting and of the purpose thereof in the "Weston Mercury and Somersetshire Herald a local newspaper published or circulating in the district such notice being in addition to the ordinary notice required for summoning the meeting resolved that the expenses in relation to the promotion of the Bill for this Act should be charged on the district fund and general district rate or paid out of moneys borrowed under this Act: 2 [59 & 60 Vict.] Weston-super-Mare Urban.. [Oh. ccli.] District Council Act, 1896. And whereas that resolution was published twice in the said A.D.1896. Weston Mercury and Somersetshire Herald and has received the - ' approval of one of Her Majesty's Principal Secretaries of State and of the Local Government 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 Council at a further special meeting held in pursuance of a similar notice on the eighth day of January one thousand eight hundred and ninety-six being not less than fourteen days after the deposit of the Bill for this Act in Parliament: And whereas the owners and ratepayers of the district by resolution in the manner provided in the Third Schedule of the Public Health Act 1875 consented to the promotion of the Bill for this Act: And whereas plans and sections describing the lines situations and levels of the works authorised by this Act the plans showing the lands to be acquired compulsorily under the powers of this Act and books of reference to those plans containing the names of the owners or reputed owners lessees or reputed lessees and of the occupiers of the lands and describing those lands have been deposited with the clerk of the peace for the county of Somerset and are in this Act respectively referred to as the deposited plans sections and books of reference: And whereas the objects of this Act 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) : PART LPRELIMINARY. This Act may be cited for all purposes as the Weston-super- Short title, Mare Urban District Council Act 1896. This Act is divided into Parts as follows: Act divided into Jrarts. Part I.Preliminary. Part II.Purchase of the Undertaking of the Company. Part III.Widening and extending Parade. Part IV.Parks Gardens Pleasure and Recreation Grounds. Part V.FinanceBorrowing. Part VI.Miscellaneous. A 2 3 [Oh. CCli.] Weston-super-Mare Urban [59 & 60 Vict.1 District Ootmcil Act, 1896. A,D. 1896. 3. The following Acts so far as the same are applicable to the Inco'~a- purposes of and are not varied by or are not inconsistent with this tionKts. Act are incorporated with and form part of this Act : The Lands Clauses Acts. Interpreta- 4. In construing this Act the following words and expressions termf nave tlie meanmgs nerebv assigned to them respectively unless there be something in the subject or context repugnant to such construction (that is to say): " The district" means the urban district of Weston-super-Mare; "The Council" means the urban district council of the district; "The company" means Knightstone Weston-super-Mare Limited; "The scheduled agreement" means the agreement between the company and the Council set forth in ^the First Schedule to this Act; "The undertaking of the company" and "the Knightstone property " respectively mean all the estate and interest of the company in the freehold hereditaments comprised in the first part of the schedule to the scheduled agreement and in the property and effects comprised in the second part of such schedule; "The district fund" and "the general district rate" mean respectively the district fund and the general district rate of the district; " The Public Health Acts " means the Public Health Act 1875 and any Acts amending or extending the same; "The Act of 1887 " means the Weston-super-Mare Improvement Act 1887; " The Knightstone undertaking " means the undertaking of the company as purchased and maintained and from time to time improved and enlarged by the Council; " The beach " means the foreshore sands and wastes within or in front of the district; " The parade " means the promenade in the district now called or known as the Marine Parade and any extension or enlargement thereof: The several words and expressions to which meanings are assigned in enactments incorporated with this Act or in the Public Health Acts or in the Act of 1887 or which have therein respectively special meanings have in this Act (except where otherwise expressly provided) the same respective meanings unless there be something in the subject or context repugnant to such construction Provided 4 [59 & 60 Vict.] Weston-super-Mare Urban [Oh. CCli 1 District Council Act, 1896. that in this Act and (for the purposes of this Act) in enactments a.d. 1896. incorporated with this Act The expression "court of competent jurisdiction".superior courts" or any other like expression shaU be read and have effect as if the debt or demand with respect to which the expression is used were a simple contract debt and not a debt or demand created by statute. 5. This Act shall be carried into execution by the Council with Execution of all the powers privileges duties obligations and indemnities of the Act Council as an urban sanitary authority. PART II.Purchase op the Undertaking op the Company. The agreement between the company and the Council as set Purchase of forth in the Pirst Schedule to this Act...

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