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PART I. PRELIMINARY.
I. This Act may be cited as the Sutton Coldfield Corporation Act 1920.
2. This Act is divided into Parts as follows (that is to say) -
Part I.—Preliminary.
Part II.~—Motor Omnibuses.
Part III.—Streets Buildings and Sewers.
p Part IV.—Sanitary Provisions.
Part V.—·Police Provisions.
Part VI.—Financia1 Provisions.
Part VII.—Miscellaneous.
3. The Lands Clauses Acts (except the provisions thereof with respect to
the purchase and taking of lands otherwise than by agreement and except
section 127 of the Lands Clauses Consolidation Act 1845) so far as they
are applicable for the purposes and are not inconsistent with the
provisions of this Act are hereby incorporated with and form part of this
Act.
4. In this Act unless the subject or context otherwise requires:
Terms to which meanings are assigned by enactments incorporated with this
Act or which have therein special meanings have in this Act and for the
purposes of this Act the same respective meanings;
“ The Corporation " means the mayor aldermen and burgesses of the borough
of Sutton Coldfield ;
“ The borough " means the borough of Sutton Coldfield;
“ The council" means the council of the borough;
" The town clerk " “ the borough accountant " " the surveyor" "the medical
officer " and “the inspector of nuisances" respectively mean the town
clerk the borough accountant the surveyor the medical officer of health
and inspector of nuisances of the borough; " The borough. fund" “ the
borough rate " "the district fund ." and " the general district rate "
respectively mean the borough fund the borough rate the district fund and
the general district rate of the borough;
“ The Walsall Corporation" means the mayor aldermen and ‘ burgesses of the
borough of Walsall;
“ The Act of 1903 " means the Sutton Coldfield Corporation Act l903;
" The Public Health Acts " means the Public Health Act 1875 and any Act
amending the same;
“Owner" has the same meaning as it has in the Public Health Act 1875;
“ Street " includes any highway and any public bridge (not being a county
bridge) and any road lane footway square court alley or passage whether a
thoroughfare or not;
" Daily penalty " means a penalty for every day on which any offence is
continued after conviction; “ Statutory security" means any security in
which trustees are for the time being by or under any Act of Parliament passed or to be
passed authorised to invest trust money and any mortgage bond debenture
debenture stock stock or other security authorised by or under any Act of
Parliament passed or to be passed of any county council or municipal
corporation or of any local authority as defined by section 34 of the
Local Loans Act 1875 but does not include securities of the Corporation or
annuities rent charges or securities payable to bearer;
“ Statutory borrowing power " means any power whether or not coupled with
a duty of borrowing or continuing on loan or re-borrowing money or of
redeeming or paying oft or creating or continuing payment of or in respect
of any annuity rent charge rent or other security representing or granted
in lieu of consideration money for the time being existing under any Act
of Parliament public or local passed or to be passed or under any
Provisional Order confirmed by Act of Parliament passed or to be passed or
under any order or sanction of any Government department made or given or
to be made or given by authority of any Act of Parliament passed or to be
passed.
PART TWO - Motor Omnibuses
5.—(1) Subject to the provisions of this Act the Corporation may provide
and maintain (but shall not manufacture) and may run omnibuses along the
following routes (namely):
(A) From The Parade in the borough along Little Aston Road Walsall Road
New Lane Field Lane Station Road Walsall Road Mellish Road and Lichfield
Road or Street Walsall to such point in the borough of Walsall as may be
agreed between the Corporation and the Walsall Corporation or failing
agreement maybe determined on the application of either party by the
Minister of Transport which route lies within the borough and the rural
districts of Lichfield and Walsall and the borough of Walsall:
(B) From the Parade in the borough along Streetly Lane Thornhill Road
Foley Road and Sutton Road Birmingham Road and Bridge Street to such point
in the borough of Walsall as may be agreed between the Corporation and the
Walsall Corporation or failing agreement may be determined on the
application of either party by the Minister of Transport which route lies
within the borough and the rural districts of Lichfield and Walsall and
the borough of Walsall:
Provided that so long as the Walsall Corporation run an efficient service
of omnibuses on the said routes (A) and (B) the Corporation will not
without the consent of the Walsall Corporation run omnibuses along the
said routes Provided also that failure to afford an efficient service due
to strikes unforeseen accident or circumstances beyond the control of the
Walsall Corporation shall not entitle the Corporation to run omnibuses
upon the said routes (A) and (B) Any difference between the Corporation
and the Walsall Corporation as to whether or not such service is efficient
shall be determined by the Minister of Transport and the provisions of the
Arbitration Act 1889 shall apply to the determination of any such
difference.
(2) The Corporation may purchase by agreement take on lease and hold lands
and buildings and may erect on any such lands depots buildings and sheds
for the purposes of their omnibus undertaking and may provide such plant
appliances and conveniences as may be requisite or expedient for the
establishment running maintenance and equipment of the omnibuses provided
by the Corporation under this Act provided that the Corporation shall not
create or permit any nuisance on any such lands.
(3) The Corporation may make byelaws for regulating the travelling and for
the prevention of nuisances in or upon such omnibuses provided that any
such byelaws shall be made subject to and in accordance with the
provisions of the Tramways Act 1870 with respect to the making of byelaws.
(4) Every omnibus moved by electrical power shall be so equipped and
worked as to prevent any interference with telegraphic communication by
means of any telegraphs of the Postmaster-General.
(5) The Corporation shall perform in respect of the omnibuses provided
under this Act all the services in regard to the conveyance of mails which
are prescribed by the Conveyance of Mails Act 1893 in the case of a
tramway as defined by that Act and authorised as in that Act stated.
(6) The Corporation shall keep the accounts in respect of their omnibus
undertaking separate from their other accounts distinguishing therein
capital from revenue.
6. (1) Where any tree which overhangs any highway forming part of an
omnibus route under this Act may in any way interfere with the working or
clear and safe passage of the omnibuses and the passengers thereon the
Corporation may serve a notice on the owner of the tree or on the occupier
of the premises on which such tree is growing requiring him to lop the
tree within seven days so as to prevent such interference and in default
of compliance the Corporation may themselves carry out the requisition of
their notice doing no unnecessary damage.
(2) Any person aggrieved by any requirement of the Corporation under this
section may appeal to a court of summary jurisdiction within seven days
after the service of such notice provided he give twenty-four hours’
written notice of such appeal and of the grounds thereof to the clerk and
the court shall have power to make such order as the court may think fit
and to award costs.
(3) Notice of the right to appeal shall be endorsed on every requirement
of the Corporation under this section.
7.(1) Subject to the provisions of this section the Corporation may demand
and take for passengers and parcels conveyed upon the omnibuses fares and
charges not exceeding such maximum fares and charges as may from time to
time be approved by the Minister of Transport. Any application for a
revision of such. maximum fares or charges may be made by the Corporation
or by the local authority of any district in which such omnibuses are run.
(2) Every passenger may take with him personal luggage not exceeding
twenty-eight pounds in weight without extra charge but all such luggage
shall be carried by hand and shall not occupy any part of a seat nor be of
a form or description to annoy or inconvenience other passengers.
(3) The Corporation may if they think fit convey on the omnibuses small
parcels not exceeding fifty-six pounds in weight and dogs in the care of
passengers the charge for any such dog to be a sum not exceeding the fare
payable by the passenger but they shall not carry any other goods or
animals.
(4) The fares and charges authorised by this Act shall be paid to such
persons and in such manner as the Corporation may by notice annexed to the
list of fares and charges appoint.
8. The Corporation may appoint the stations and places from which the
omnibuses shall start or at which they may stop for the purposes of taking
up or setting down passengers and may make regulations for fixing the time
during which such omnibuses shall be allowed to remain at any such place
Provided that any stations or places so appointed on any route outside the
borough shall be subject to the approval of the local authority of the
district.
9 (1) The Corporation may attach to any lamp-post pole standard or other
similar erection erected on or in the highway on or near to the route of
any of the omnibuses of the Corporation signs or directions indicating the
position of stopping-places for omnibuses:
Provided that in cases where
the Corporation are not the owners of such lamp-post pole standard or
similar erection they shall give notice in writing of their intention to
attach thereto any such sign or direction and shall make compensation to
the owner for any damage or injury occasioned to such lamp-post pole standard or similar erection by such attachment and the Corporation
shall indemnify the said owner against any claim for damage occasioned to
any person or property by or by reason of such attachment.
(2) Nothing in this section shall be deemed to require the said owner to
retain any such lamp-post pole standard or similar erection when no longer
required for his purposes.
(3) The Corporation shall not attach any such sign or direction to any
pole post or standard belonging to the Postmaster-General except with his
consent in writing.
(4) The Corporation shall not attach any such sign or direction to any
lamp-post pole standard or other similar erection belonging to a railway
company except with their consent in writing.
10. The Corporation may erect and maintain sheds shelters or
waiting-rooms for the accommodation of passengers and of the Corporation’s
servants on any omnibus routes provided under this Act and may use for
that purpose portions of the public streets or roads Provided that the
Corporation shall not use portions of any public street or road beyond the borough for the purposes
mentioned in this section except with the consent of the local authority
in whose district such street or road is situate and of the authority
responsible for the maintenance of such road or street.
11. Any property found in any omnibus of the Corporation shall forthwith
be handed to the conductor of the omnibus or taken to a place to be
appointed for the purpose by the Corporation and if the same be not
claimed within six months after the finding thereof it may be sold as
unclaimed property by public auction after notice by advertisement in one
or more local newspapers once in each of two successive weeks and the
proceeds thereof carried to the revenue account of the omnibus undertaking
of the Corporation. 12. The Corporation and any other local authority
company or person providing or running or authorised to provide or run
omnibuses or other vehicles in any other district adjoining or adjacent to
the borough may enter into and carry into effect agreements for all or any
of the following purposes (that is to say) :—
(A) The working management and maintenance of all or any of the omnibus
services provided by the contracting parties and of any land and property
used by them in connexion with such services:
(B) The supply by any of the contracting parties under and during the
continuance of any such agreement of omnibuses and conveniences in
connexion therewith necessary for the purpose of such agreement and the
employment of officers and servants:
(C) The interchange accommodation conveyance transmission and delivery of
traffic arising on or coming from or destined for any omnibus service of
the contracting parties:
(D) The payment collection and apportionment of the fares rates charges
and other receipts arising from any such omnibus services of the
contracting parties.
13. (1) The Corporation shall pay to the county councils of the
counties of Stafford and Warwick the mayor aldermen and burgesses of the
county borough of Walsall the Walsall Rural District Council and the
Lichfield Rural District Council respectively in every year towards the
cost of the maintenance
of the roads forming or comprised in any omnibus route authorised by this
Act and maintained at the expense of those authorities respectively the
sum of three-fourths of a penny per car mile run over such parts of the
said roads as are maintained at the expense of the said authorities
respectively by the
omnibuses of the Corporation during such year less in each case the amount
received by such authority during such year in respect of rates levied
upon the omnibus undertaking of the council.
(2) The Corporation shall keep statements for the purposes of this section
showing in proper detail the mileage run by each omnibus on the roads of
the road authority and shall furnish copies of such statements annually to
the road authority, and the Corporation shall allow any person duly
authorised by the road authority in that behalf at all reasonable times to inspect and
take copies of all such statements and any accounts kept by the
Corporation relating to the running of all such omnibuses.
(3) Nothing in this section contained shall debar the Corporation from at
any time hereafter applying for the repeal amendment or modification of
the provisions of this section if in view of future legislation the
Corporation shall think fit to do so.
14. (1) If it. shall be necessary to reconstruct any road or part of a
road forming or comprised in any omnibus route authorised by this Act
(which has not been previously reconstructed for a similar purpose) so as
to provide for the running of the omnibuses of the Corporation as a
traffic additional to
the ordinary traffic using such road or part of a road at the time when
the omnibuses of the Corporation commence to run upon such road or part of
a road the Corporation within two months after the road authority shall
have reconstructed such road if such reconstruction shall take place
within three years
(or such longer period as may be reasonably required by the road authority
and agreed to by the Corporation or failing such agreement be determined
by arbitration as hereinafter provided after the omnibuses of the
Corporation shall have commenced to run upon the part of the road so
reconstructed shall pay to the road authority such sum of money per mile
of road so reconstructed as may be required for the purpose in this
section mentioned but not exceeding the sum of seven hundred pounds per
mile Provided that not more than one payment shall be made in respect of
any part of a road reconstructed for the purpose referred to in this
section.
(2) Any difference at any time arising between the road authority and the
Corporation under this section shall be settled by an arbitrator to be
agreed upon between the road authority and the Corporation or .failing
such agreement to be appointed on the application of either party after
notice in writing to the
other. of them by the Minister of Transport and subject as aforesaid the
provisions of the Arbitration Act 1889 shall apply to any such
arbitration. (3) If the reconstruction of any road or part of a road by
a road authority under the provisions of this section shall involve an
alteration of any telegraphic line (as deined by the Telegraph Act 1878)
belonging to or used by the Postmaster-General the enactments contained in
section 7 of the Telegraph Act 1878 shall apply to any such alteration and
the road authority shall be deemed to be “undertakers" within the meaning
of the said Act.
15. The Corporation shall also pay or allow to the county council of
the county of *Warwick in respect of the main roads within the borough
along which any of their omnibuses shall run similar contributions towards
road maintenance as are by the section of this Act (the marginal note
whereof is “ Contribution towards road maintenance ") provided for in
respect of roads outside. the borough and also towards the adaptation of
such roads such sums to be determined in accordance with the section of
this Act (the marginal note whereof is “ Contribution towards adaptation
of roads”) provided that such sums
for adaptation shall not exceed in the whole seven hundred pounds per
mile. 16. In consideration of the payments to be made by the Corporation
to the road authorities under the sections of this Act of which the
marginal notes are respectively “Contribution towards road maintenance "
and “ Contribution towards adaptation of roads " the road authority shall
not under section
23 of the Highways and Locomotives (Amendment) Act 1878 as amended by
section 12 of the Locomotives Act 1898 or otherwise make any claim against
the Corporation in respect of extraordinary traffic by reason of the user
of any road bridge or approach by the omnibuses of the Corporation.
17. For the protection of the mayor aldermen and burgesses of the
county borough of Walsall the following provisions shall apply and have
eifect unless otherwise agreed in writing between the Corporation and the
Walsall Corporation:
(1) The expression “ the corporation " in this section shall include any
company body or person to whom the Corporation under the provisions of
this Act shall grant a lease of their powers to run omnibuses:
(2) The
Corporation shall pay to the Walsall Corporation in respect of every year
ending the thirty-first day of March a sum equal to the net revenue
received by the Corporation during that year from the running of omnibuses
by the Corporation under the powers of this Act on the routes (A) and (B)
by this Act authorised so far as the same are in the borough of Walsall
and the Walsall Corporation shall pay to the Corporation in respect of
every like period the net revenue received by the Walsall Corporation
during that period from the running of omnibuses by the Walsall
Corporation on routes K. and L. described in the Walsall Corporation Act
1919 so far as the same are in the borough of Sutton Coldfield;
(3) For the purposes of this section “ net revenue " shall mean the
revenue received by the Corporation or the Walsall Corporation as
aforesaid during the year in respect of which payment is due after
deducting a proper amount for (a) working expenses (b) depreciation
and (c) capital charges in respect of moneys expended by the Corporation
or the Walsall Corporation for the purposes of their omnibus undertaking:
(4) The accounts as between the Corporation and the Walsall Corporation
shall be settled and paid monthly subject to any necessary adjustment at
the end of the financial year of the Corporation and any sums
payable on such adjustment by or to the Corporation to or by the Walsall
Corporation shall be paid within three months after the expiration of the
year in respect of which such sum is payable:
(5) Neither corporation shall on the portions of the routes which are
within the borough ot the other corporation charge fares at a rate less
than the fares for
the time being charged by the other corporation over the same portions of
such routes:
(6) In the event of the. Corporation under the powers of this Act running
omnibuses on any of the routes over which the Walsall Corporation run
omnibuses
the arrangements for running the respective omnibuses of the Corporation
and the Walsall Corporation shall from time to time be settled by
agreement· between the Corporation and the Walsall Corporation or failing
agreement by the President of the Incorporated Municipal Tramways
Association for the time being or by an arbitrator appointed. by him:
(7) Each corporation shall keep such records statements and accounts as
may be necessary for the purpose of ascertaining in respect of each
month and each year the sum payable by one corporation to the other
corporation under this section and shall allow any duly authorised person
at all reasonable times to inspect and take copies of such record
statements and accounts and each corporation shall furnish monthly records
statements and- accounts to the
other corporation and shall on the completion of such statements and
accounts in respect of each year forward a copy thereof to such
corporation:
(8) If any difference shall arise between the Corporation and the Walsall
Corporation under the provisions of this section such difference shall be
referred to and determined by an arbitrator to be appointed on the
application of either party after notice in writing to the other by the
President of the Incorporated Municipal Tramways Association or an
arbitrator to be appointed by him and subject thereto the provisions _ of
the Arbitration Act 1889 shall apply to the
reference. 18. For the protection of the London and North Western
Railway Company and the Midland Railway Company respectively (each of
which companies is in this section respectively referred to as “ the
company") the following provisions shall unless otherwise agreed in
writing between the Corporation and
the company apply and have effect :·
(1) The provisions of the section of this Act the marginal note whereof is
“ Contribution towards road maintenance " shall apply to the company in
regard to any road repairable by the company and forming part of any
omnibus route which shall be authorised under the provisions of this Act
as though the company were one of the road authorities mentioned in sub-~
section (1) of the said section:
(2) Notwithstanding anything contained in the section of this Act the
marginal note whereof is “ Shelters or waiting-rooms" no shed shelter or
waiting-room shall be erected or maintained under the provisions of the
last-mentioned section in any street or road so as to interfere with or
render less convenient the access to or exit from any station of the
company:
(3) If any difference shall arise under this section between the
Corporation and the company the same shall unless otherwise agreed be
referred to and determined by an engineer to he appointed on the
application of either party after notice in writing to the other of them
by the President of the Institution of Civil Engineers and subject thereto
the provisions of the Arbitration Act 1889 shall apply to the reference.
Part III.
Streets Buildings and Sewers.
19. Where in the opinion of the Corporation a new street I not being a
back street will form a continuation of or means of communication with a
main thoroughfare in the borough or
a continuation of or means of communication with a main approach to the
borough the Corporation may if they see fit require the houses or other
buildings intended to be erected in
such new street to be set back from the centre line thereof to such
distance not exceeding forty feet as they may see fit and the Corporation
shall thereupon make full compensation to the owner or owners of and to
any other person interested in the lands abutting upon the said new street
for any damage which may be sustained by him or them by reason of such
houses or other buildings being required to be set back as aforesaid and
failing agreement the amount of such compensation shall be determined in
accordance with the provisions of the Acquisition of Land (Assessment of
Compensation) Act 1919:
Provided always that the Corporation may if they think it instead of
paying the compensation to such owner or owners under this section agree
with him or them for the purchase of
the said lands or any part or parts thereof.
All moneys payable by the Corporation by way of compensation or for the
purchase of lands under section maybe defrayed out of moneys authorised by
this Act to be borrowed
with the sanction of the Minister of Health.
For the purposes of ‘this section “ back street " means any street or
passage intended to be used only as an access to the back of any building.
20. (l) The Corporation in any case in which it is proposed to lay out a
new street may require that such street shall not be laid out without the
provision of such intersecting street or streets as will secure
intersecting streets at intervals of not more than one hundred and fifty
yards each from the other on each side of such new street and of any
street of which it forms a continuation Provided that if on either side of
such last-mentioned street there shall already be a greater length from
the proposed new street than one hundred and fifty yards without an
intersecting street such greater length shall for the purposes of this
section be deemed to be one hundred and fifty yards:
Provided that this section shall not apply to any portion of a street
abutting on premises used solely for industrial purposes.
(2) Any person who shall offend against this section shall be liable to a
penalty not exceeding five pounds and to a daily, penalty not exceeding
forty shillings.
(3) For the purposes of this section “intersecting street " means a side
or cross street forming a junction with or crossing another street.
21. (1) The Corporation may by notice in writing require the owner or
owners of any street in the borough which is a highway not repairable by
the inhabitants at large or the owners of the premises abutting upon such street to cleanse the gullies in such
street within such reasonable time as may be specified in the notice.
(2) In the event of such owner or owners neglecting or refusing to comply
with any requirement of the Corporation under this section the Corporation
may themselves cleanse the gullies in such street and may recover the
expense incurred by them in so doing from such owner or owners in such·
proportions as the Corporation may determine.
22. (1) It shall not be lawful for any person to fix or place any overhead
rail or beam or other similar apparatus (other than apparatus for
telegraphic telephonic or railway signalling ‘or railway electrical working purposes) over across or along any street
without the consent of the Corporation which consent shall be in writing
under the hand of the town clerk and may contain such terms and conditions
as the Corporation think fit. Any person acting in contravention of the
provisions of this section and of the terms and conditions (if any) of
such consent shall be liable to a penalty not exceeding five pounds and to
a daily penalty not exceeding twenty shillings Provided that nothing in
this section shall extend to any works of any undertakers within the
meaning of the Electric Lighting Act 1882 to which the provisions of the
said Act apply.
(2) Nothing in this section shall extend to any apparatus belonging to His
Majesty’s Postmaster-General.
23. The Corporation may provide and maintain orderly bins or other
receptacles for the collection and temporary deposit of street
refuse and waste paper and the storage of sand grit or shingle in upon or
under the streets of the borough of such dimensions and in such positions
as they may from time to time determine.
24. (l) Every new building exceeding two storeys in height used or
intended to be used as flats or as a tavern hotel restaurant hospital
boarding-house common lodging-house or
school or as a shop in which building sleeping accommodation is or is
intended to be provided for the use of persons employed in or about such
shop shall be provided on each of the storeys above the second storey
(hereinafter referred to as the “ upper storey ") with such means of
escape in the case of fire for the persons dwelling sleeping or employed
in each upper storey or resorting thereto as may be reasonably required
under the circumstances of the case and no such building shall be occupied
until the Corporation shall have issued a certificate that the provisions
of this section have been complied with in relation thereto :
(2) From and after the first day of January one thousand nine hundred and
twenty-one the Corporation in the case of every existing building
exceeding two storeys in height and
used or intended to be used as a shop and in which building sleeping
accommodation is or is intended to be provided if in their opinion such
building is not provided with proper and
sufficient means of escape from each upper storey in case of fire for the
persons dwelling or sleeping therein may at any time serve on the owner of
such building a notice requiring him within a reasonable time to be
specified in such notice to provide such means of escape as in the
circumstances of the case can reasonably be required and the owner shall
thereupon take the necessary steps to provide the means of escape so required.
Any person aggrieved by any requirement of the Corporation under this
subsection may appeal to a court of summary jurisdiction within seven days
after the service of such notice
provided he gives twenty-four hours’ written notice of such appeal and of
the grounds thereof to the clerk and the court shall have power to make
such order as. the court may think
fit and award costs.
Notice of the right to appeal shall be endorsed on every requirement of
the Corporation under this subsection.
(3) The means of escape in case of fire provided in any building in
pursuance of this section shall be maintained in good and efficient
condition and free from obstruction. ‘
(4) Nothing in this section contained shall be deemed to interfere with
the operation of sections l4 and 15 of the Factory and Workshop Act 1901
or of any Act amending the same.
(5) Any person who shall offend against this section shall be liable to a
penalty not exceeding 1'ive pounds and to a daily penalty not exceeding
forty shillings.
25. (1) The contractor or builder engaged in or upon the construction
reconstruction or alteration of any building in the borough shall where
practicable provide to the reasonable satisfaction of the Corporation and
until the completion of any such work or operation such water or other
closets and urinals in or in connexion with such building as may be
sufficient for the accommodation of the workmen employed.
(2) Any person offending against this section shall be liable to a penalty
not exceeding live pounds and to a daily penalty not exceeding forty
shillings. 26. Every person who wilfully turns or permits to enter into
any sewer of the Corporation or any drain communicating therewith or any
stream or watercourse any petrol oil or other
like deleterious substances shall be liable to a penalty not exceeding ten
pounds and to a daily penalty not exceeding five pounds.
27. The provisions of this Part of this Act shall not extend or apply to
any building (not used as a dwelling-house) railway or work constructed by
or belonging to or which may
hereafter be constructed by or belong to any railway company in the
exercise of their statutory powers or to any lands held or acquired by any
such company and used for the purposes (other than for a dwelling-house}
of the undertaking of such company with the authority of Parliament.
PART IV. Sanitary Provisions
28. Section 23 of the Public Health Acts
Amendment Act 1890 in its application to the borough shall have effect as
if the words “and floor area " had been inserted therein after the
word “height " in subsection (1) of that section
29.(1) Every dwelling-house erected after the passing of this Act shall be
provided with sufficient and properly ventilated food-storage
accommodation and any owner who shall occupy or allow to be occupied any
dwelling-house not so provided shall be liable to a penalty not exceeding
five pounds and to a daily penalty not exceeding twenty shillings.
(2).(A) Every dwelling-house erected before the passing of this Act shall
where reasonably practicable be provided with sufficient and properly
ventilated food-storage accommodation and any owner who shall occupy or
allow to be occupied any such dwelling-house which can reasonably be so
provided but which is not so provided after one month’s notice from the
Corporation requiring the same to be done shall be liable to a penalty not
exceeding live pounds and to a daily penalty not exceeding twenty
shillings.
(B) Any person aggrieved by any requirement of the Corporation under this
subsection may appeal to a court of summary jurisdiction within seven days
after the service of such notice provided he gives twenty-four hours’
written notice of such appeal and of the grounds thereof to the clerk and
the court shall have power to make such order as the court may think fit
and to award costs.
(C) Notice of the right to appeal shall be endorsed on every requirement
of the Corporation under this subsection.
30. The Corporation may by notice in writing require the owner or occupier
of any dwelling-house warehouse or shop to provide galvanised iron or
enamelled iron dustbins in lieu of
ash-pits and such dustbins shall be of such size and construction as may
be approved by the Corporation and any owner or occupier who fails within
fourteen days after notice given to
him to comply with the requirements of the Corporation shall for every
such offence be liable to a penalty not exceeding twenty shillings and to
a daily penalty not exceeding five shillings:
Provided that in any case where the Corporation require a galvanised iron
or enamelled iron dustbin to be provided in lieu of any ash-pit in use at
the passing of this Act they shall except in any case in which the medical
officer or the inspector of nuisances shall have certified that owing to
wilful neglect on the part of the owner after due notice to keep the same
in proper repair any such ash-pit is in such a state as to create a
nuisance or be injurious to health bear and pay such sum towards the
expense of providing such galvanised iron or enamelled iron dustbin (being
not less than one-half thereof) as they may consider just and proper
according to the circumstances and the remainder of such expenses shall be
borne by the owner:
Provided also that if and so often as the Corporation under this section
require such galvanised iron or enamelled iron dust- bin to be provided in
lieu of any ash-pit which they have before the passing of this Act
required or caused to be altered or have approved as altered by resolution
or in writing under the hand of the medical officer or inspector of
nuisances all the expense of providing such galvanised iron or enamelled
iron dustbin shall he paid by the Corporation:
Provided further that in any case where the Corporation require a
galvanised iron or enamelled iron dustbin to be provided for the use of
any dwelling-house warehouse or shop which
at the time of such requirement is provided with an ash-tub of suitable
size and in proper order and condition the Corporation shall pay the cost
of providing such galvanised iron or enamelled iron dustbin.
31. (1) No room shop or other part of a building within the borough in
which any food is sold or prepared or exposed for sale or deposited for
the purposes of sale or of preparation
for sale or with a view to future sale shall be used as a sleeping place.
(2) If any person occupies or lets or knowingly suffers to be occupied any
such room shop or other part of a building as a sleeping place in
contravention of this section he shall be
liable on summary conviction to a fine not exceeding for a first offence
twenty shillings and for every subsequent offence five pounds and in
either case to a daily penalty not exceeding
twenty shillings.
32. (1) Subject to the provisions of this Act any officer duly
authorised by the Corporation in that behalf shall at all reasonable times
have power to enter the premises of any vendor
of or merchant or dealer in any commodity intended for the food of man or
any premises where any such commodity is for the purposes of sale
deposited or stored or in preparation for sale for the purpose of
inspecting such premises and the materials or commodities or articles of
food therein.
(2) On any such inspection the said officer of the Corporation shall have
power to take samples of any such materials commodities or articles of
food found therein making reasonable payment therefore if required.
PART V. Police Provisions.
33. (1) Every person who shall sell offer or expose for sale or cause
to be sold offered or exposed for sale coke in a quantity exceeding
fourteen pounds but not exceeding two hundredweight shall sell the same or
offer or expose the same for sale in sacks with a metal label affixed to
the top of every such sack indicating the correct legal weight or measure
of coke therein.
(2) Any purchaser of coke in a quantity exceeding fourteen pounds but not
exceeding two hundredweight and any inspector of weights and measures or
other officer appointed by the Corporation may require that any coke sold
offered or exposed for sale as aforesaid be weighed or re-weighed or
measured or re-measured by any instrument or measure stamped by an
inspector of weights and measures Provided that
(A) No seller of coke or person in charge of a vehicle in which coke is
carried shall be required under this section to carry coke beyond such
distance not exceeding half a mile as may be prescribed in that behalf by
the Corporation:
(B) Where any such coke has at the instance of the purchaser been weighed
or re-weighed or measured or re-measured in pursuance of this section and
found to be of the weight or measure stated in that behalf by the seller
of the coke or the person in charge of the vehicle the purchaser shall be
liable to the payment of all reasonable costs actually incurred of and
incidental to the weighing or re-weighing or measuring or re-measuring. ·
(3) Every person who shall sell offer or expose for sale or cause to be
sold offered or exposed fo1· sale from any vehicle coke in quantities not
exceeding two hundredweight shall have the name and address of the seller
of such coke conspicuously painted upon such vehicle.
(4) If the seller or any person in charge of any vehicle from which coke
is being sold or offered or exposed for sale wilfully makes any false
statement as to the weight of the coke in any sack or wilfully increases
such weight by damping such coke or wilfully does any other act by which
the purchaser of the coke shall be defrauded or fails to comply with the
other provisions of this section) or obstructs any weighing or re-weighing
or (measuring or re-measuring authorised by this section he shall be
liable for every such offence to a penalty not exceeding five pounds.
(5) Any inspector of weights and measures may with the consent of the
Corporation prosecute before a court of summary jurisdiction or justices
any proceedings under this section.
(6) Public notice of the provisions of this section shall be given
forthwith after the passing of this Act by advertisement in two newspapers
published or circulating in the borough and by
a notice affixed outside the town hall and by the distribution of
handbills amongst persons affected or likely to be affected so far as such
persons can reasonably be ascertained Copies of the newspapers containing
the advertisement shall be sufficient evidence that the provisions of this
subsection have been complied with.
34.(1) For the purposes of section 112 (Restriction on establishment of
offensive trade in urban district) of the Public Health Act 187 5 a trade
business or manufacture shall be deemed to be established not only if it
is established for the first time but also if it is removed from any one
set of premises to any other premises or if it is renewed on the same set
of premises after having been discontinued for a period of six months or
upwards or if any premises on which it is for the time being carried on
are enlarged without the consent in writing of the Corporation but a trade
business or manufacture shall not be deemed to be established for the
first time on any premises by reason only that the ownership of such
premises is wholly or partially changed or that the building in which it
is established having been wholly or partially pulled down or burnt down
has been reconstructed without any extension of its area.
(2) Any consent of the Corporation to the establishment of any offensive
trade or to the enlargement of any premises on which any offensive trade
is carried on may be given so as to continue in force for such period only as the Corporation may prescribe by
such consent and section 112 of the Public Health Act 1875 and this
section shall be construed accordingly.
If any person shall carry on such offensive trade beyond the period
aforesaid he shall be liable to a_ penalty not exceeding five pounds and
to a daily penalty not exceeding forty shillings.
35.(1) Any person or persons intending to organise or I form in or
through the streets of the borough a procession for the purposes of
holding a meeting show or entertainment (other
than processions. which are regularly held in or through such streets)
shall give written notice thereof and of the route proposed to be taken
and of the time at which it will take place to the Corporation by leaving
such notice at the office of the surveyor at the council house twenty-four
hours at least (exclusive of Sundays) previous to the time fixed for such
procession to pass through the streets. PART VI. FINANCIAL PROVISIONS.
39. (1) The Corporation may from time to time independently of any
other borrowing power borrow at interest for the purpose mentioned in the
first column of the following table
the sum mentioned in the second column thereof and in order to secure the
repayment thereof and the payment of interest thereon they `may mortgage
or charge the fund and rate mentioned in the third column of the said
table and they shall pay off all moneys so borrowed within the period
(which is in this Act referred to as "the prescribed period ") mentioned
in the fourth column thereof (namely) :—
Purpose. For paying the costs.
Amount: The sum requisite.
Charge: The borough fund and the Borough rate.
Period for Repayment: Five years from the passing of this Act.
(2) (A) The Corporation may with the consent of the Minister of Health
borrow such money as may be necessary for any of the purposes of this Act.
(B) In order to secure the repayment of any money borrowed under this
subsection and the payment of interest thereon the Corporation may
mortgage or charge such revenue fund or
rate as may be prescribed by the Minister of Health.
(C) Any money borrowed under this subsection shall be repaid within such
period (in this Act referred to as “ the prescribed period") as may be
prescribed by the Minister of
Health.
(3) The provisions of this section prescribing the revenue funds or rates
which may be mortgaged or charged shall not limit the powers conferred
upon the Corporation by the section
of this Act of which the marginal note is " Power to use one form of
mortgage for all purposes?
40. The powers of borrowing money given by this Act shall not be
restricted by any of the regulations contained in section 23l (Regulations
as to exercise of borrowing powers) of the Public Health Act 1875 and in
calculating the amount which the _Corporation may borrow under that Act
any sums which they may borrow under this Act shall not be reckoned. 41:
(1) The Corporation may raise all or any moneys which they are authorised
to borrow under this Act by mortgage or by the issue of debentures or
annuity certificates under and subject to the provisions of the Local
Loans Act 1875 or partly in one way and partly in another or others.
(2)
Provided that the provisions of this Act relating to sinking funds shall
apply to sinking funds formed for the repayment of moneys borrowed under
the Local Loans Act 1875 instead of the provisions of section 15
(Discharge of loan by sinking fund) of that Act.
42. Subject to the provisions of the section of this Act whereof the
marginal note is “ Power to use one form of mortgage for all purposes "
the following sections of the Public Health Act 1875 shall extend and
apply to mortgages granted under this Act (that is to say) :
Section 236. Form of mortgage;
Section 237 Register of mortgages;
Section 238 Transfer of mortgages.
43. The Corporation shall pay off all moneys borrowed by them on
mortgage under the powers of this Act either by equal yearly or
half-yearly instalments of principal or of principal
and interest combined or by means of a sinking fund or partly by one of
those methods and partly by another or others of them and the payment of
the first instalment or the first payment to the sinking fund shall be made within one year or when the money
is repaid by half-yearly instalments or by half-yearly payments to the
sinking fund within six months from the date of borrowing.
44. (1) If the Corporation determine to repay by means of a sinking fund
any moneys borrowed by virtue of this Act such fund shall be formed and
maintained either (A) By payment to the fund throughout the prescribed
period of such equal annual sums as will together amount to the moneys for
the repayment of which the sinking fund is formed. A sinking fund so
formed is hereinafter called a “ non-accumulating sinking fund "
(B) By payment to the fund throughout the prescribed period of such equal
yearly or half yearly sums as with accumulations at a rate not exceeding
three pounds ten shillings per centum per annum or such other rate as the
Minister of Health may from time to time approve will be sufficient to pay
of within the prescribed period the moneys for the repayment of which such sinking fund is formed A sinking fund so formed is hereinafter
called an “ accumulating sinking fund."
(2) Every sum paid to a sinking fund and in the case of an accumulating
sinking fund the interest on the investments of the sinking fund shall
unless applied in repayment of the loan in respect of which the sinking
fund is formed be immediately invested in statutory securities the
Corporation being at liberty from time to time to vary and transpose such
investments.
(3) In the case of a non-accumulating sinking fund the interest on the
investments of the fund may be applied by the Corporation towards the
equal annual payments to the fund.
(4) The Corporation may at any time apply the whole or any part of any
sinking fund in or towards the discharge of the moneys for the repayment
of which the fund is formed Provided that in the case of an accumulating
sinking fund the Corporation shall pay into the fund each year and
accumulate during the residue of the prescribed period a sum equal to the
interest which would have been produced by such sinking fund or part
thereof so applied if invested at the rate per centum per annum on which
the annual payments to the sinking fund are based.
(5). (A) If and so often as the income of an accumulating sinking fund
is not equal to the income which would be derived from the amount invested
if the same were invested at the
rate per centum per annum on which the annual payments to the fund are
based any deficiency shall be made good by the Corporation.
(B) If and so often as the income of an accumulating sinking fund is in
excess of the income which would be derived from the amount invested if
the same were invested at the rate per centum per annum on which the annual payments to the fund are based any
such excess may be applied towards such annual payments.
(6) Any expenses connected with the formation maintenance investment
application management or otherwise of any sinking fund under this Act
shall be paid by the Corporation in addition to the payments provided for
by this Act. ·
(7) If it appears to the Corporation at any time that the amount in the
sinking fund with the future payments thereto in accordance with the
provisions of this Act together with the probable accumulations thereon
the case of an accumulating sinking fund) will not be sufficient to repay
within the prescribed period the moneys for the repayment of which the
sinking fund is formed it shall be the duty of the Corporation to make
such increased payments to the sinking fund as will cause the sinking fund
to be sufficient for that purpose Provided that if it appears to the
Minister of Health that any such increase is necessary the Corporation
shall increase the payments to such extent as the Minister may direct.
(8) If the Corporation desire to accelerate the repayment of any loan they
may increase the amounts payable to any sinking fund.
(9) lf the amount
in any sinking fund with the future payments thereto in accordance with
the provisions of this Act together with the probable accumulations
thereon (in the case of an accumulating sinking fund) will in the opinion
of the Minister of Health be more than sufficient to repay within the
prescribed period the moneys for the repayment of which the sinking fund
is formed the Corporation may reduce the payments to the sinking fund
either temporarily or permanently to such amounts as will in the opinion
of the Minister of Health be sufficient to repay within the prescribed
period the moneys for the repayment of which the sinking fund is formed.
(10) If the amount in any sinking fund at any time together with the
probable accumulations thereon (in the case of an accumulating sinking
fund) will in the opinion of the Minister of Health be sufficient to repay
within the prescribed period the moneys for the repayment of which the
sinking fund is formed the Corporation 1nay with the consent of the
Minister discontinue the annual payments to such sinking fund until the
Minister shall otherwise direct.
(11) Any surplus of any sinking fund remaining after the discharge of the
whole of the moneys for the repayment of which it was formed shall be
applied to such purpose or purposes as the Corporation with the consent of
the Minister of Health may determine.
45. (l) Any mortgagee of the Corporation by virtue of this Act may
enforce the payment of arrears of interest or of if principal or of
principal and interest by the appointment of
a receiver The amount of arrears of principal due to such mortgagee or in
the case of a joint application by two or more mortgagees to such
mortgagees collectively to authorise the
appointment of a receiver shall not be less than five hundred pounds in
the whole. The application for the appointment of a receiver shall be made
to the High Court.
46. (l) For the purpose of providing temporarily during, any financial
year for their current expenses for municipal educational or sanitary
purposes, (whether under the provisions I of public general or local Acts) or for the current expenses of their
electricity or omnibus undertakings and after the commencement of such
year it shall be lawful for the Corporation to borrow by way of temporary
loan or overdraft from any bank such sums as they 1nay from time to time
resolve not exceeding in each case an amount equal to one-third of the
amount of the before-mentioned expenses for the immediately preceding
financial year for any such purpose as aforesaid and any amount so
borrowed shall form a charge upon the rates or revenue of the undertaking
in respect of which it is borrowed as the same may be specified in the
resolution of the Corporation authorising such borrowing pari passu with
any Corporation stock bond or mortgage affecting the same And it shall
further be lawful for the Corporation to utilise for providing temporarily
for any such expenses any sinking funds which they may have in hand
crediting the said sinking with such fair rate of interest not being
less than three pounds per centum per annum as they may resolve
Provided that
(A) Any sum so borrowed together with the interest thereon shall in the
case of any sum borrowed on the credit of a rate be repaid out of such
rate within the financial year during which the same was borrowed and in
any other case the same shall be repaid out of the income on the credit of
which the sum was borrowed within three months after the expiration of
such financial year:
(B) The borough accountant shall within forty-two days after the end of
each financial year furnish to the Minister of Health a special report
showing precisely the operation of the powers of this section during such
year and such report shall be in such form and shall contain such
information as the Minister shall approve or require:
(C) The Minister of Health may make such investigation as may be necessary
to satisfy himself that the requirements of this section as to repayment
have been complied with and it it appear to the Minister of Health by the
said report or by such investigation that the Corporation have failed to
comply with the requirements of this section as to repayment the Minister
may by order suspend the operation of the powers of this section for such
period as he may think fit.
(2) The provisions of this section shall cease to be in force at the
expiration of five years from the thirty-first day of March nineteen
hundred and twenty-one unless they shall have been continued by Act of
Parliament or order made by the Minister of Health which order the
Minister of Health is hereby empowered to make and in the event of the
Minister making any such order he is hereby empowered to make such
modifications or amendments in the provisions of this section as may
appear to him to be necessary.
47. All moneys borrowed by the Corporation under the powers of this Act
shall be applied only to the purposes for which they are authorised to be
borrowed and (except in the case of money borrowed under the section of
this Act whereof the marginal note is “As to temporary borrowing") to
which capital is properly applicable.
48. (l) Where the Corporation have for the time being any statutory
borrowing power they may for the purpose of exercising such power grant
mortgages in pursuance of the provisions of this section.
(2) Every mortgage granted under this section shall be by deed truly
stating the consideration and the time or the mode of ascertaining the
time and the place of payment and shall be
sealed with the corporate seal of the Corporation and may be made in the
form contained in the schedule to this Act or to the like effect.
(3) All mortgages granted under this section shall rank equally
without any priority or preference by reason of any precedence in the date
of any statutory borrowing power or in the date of the mortgages or on any
other ground whatsoever.
(4) The repayment of all principal sums and the payment of interest
thereon secured by mortgages granted under this section shall be and the
same are by virtue of this Act charged indifferently upon all the revenues
of the Corporation.
(5) Nothing in this section contained shall alter or affect the
obligations of the Corporation to provide for the repayment of the sums
secured by mortgages granted under this section and all such sums shall be
repaid within the periods by the means and out of the funds rates or
revenues within by and out of which they would have been repayable
respectively if
this section had not been enacted.
(6) Nothing in this section contained shall alter or affect the
obligations of the Corporation to provide for the payment of interest upon
the sums secured by mortgages granted under
this section and the interest upon such sums shall be paid out of the
funds rates or revenues out of which such interest would have been payable
respectively if this section had not been
enacted.
(7) There shall be kept at the office of the Corporation a register of the
mortgages granted under this section and within fourteen days after the
date of any such mortgage an entry
shall be made in the register of the number and date thereof and of the
names and descriptions of the parties thereto as stated in the deed
Every such register shall be open to public inspection during office hours at the said office without fee or reward
and the borough accountant or other the person having the custody of the
same refusing to allow such inspection shall be liable to a fine not
exceeding five pounds.
(8) Any mortgagee or other person entitled to any mortgage granted under
this section may transfer his rights and interests therein to any other
person by deed duly stamped truly
stating the consideration and such transfer may be according to the form
contained in the schedule- to this Act or to the like effect.
(9) There shall be kept at the office of the Corporation a register of the
transfers of mortgages granted under this section and within thirty days
after the date of every deed of transfer
executed within the United Kingdom or within thirty days after its arrival
in the United Kingdom if executed elsewhere the same shall he produced to
the borough accountant who shall on payment of a sum not exceeding five
shillings cause an entry to be made in such 1·egister of its date and of
the names and descriptions of the parties thereto as stated in the deed of
transfer and until such entry is made the Corporation shall not be in any
manner responsible to the transferee.
(10) On the registration of any transfer the transferee his executors or
administrators shall be entitled to the full benefit of the original
mortgage and the principal and interest secured thereby and any
transferee may in like manner transfer his rights and interest in any such
mortgage and no person except the last transferee his executors or
administrators shall be entitled l to release or discharge any such
mortgage or any moneys secured thereby.
(11) If the borough accountant wilfully neglects or refuses to make in the
register any entry by this section required to be made he shall be liable
to a fine not exceeding twenty pounds.
49.(1) Where the Corporation are authorised by any statutory borrowing
power to raise moneys for any purpose they may instead of exercising such
borrowing power by the issue of any fresh security in respect thereof
exercise the said power and raise the said moneys either wholly or
partially by using for such purpose so much of any moneys for the time
being forming part of a sinking fund as shall be available for the
repayment of`
(A) A loan which is secured by a charge on the same rate fund or revenue
as would be specifically chargeable as the security for the repayment of a
loan under the statutory borrowing power if the same were raised by the
issue of a fresh security and which is not shown by the deed to be raised
in exercise of a particular borrowing power specified therein; or
(B) Moneys borrowed and charged upon all the revenues of the Corporation
in manner provided by the section if I of this Act whereof the marginal
note is °° Power to use one form of mortgage fo1· all purposes " and not
shown by the deed to be raised in exercise of a particular borrowing power
specified therein.
(2) The Corporation when exercising the powers conferred on them by this
section shall:
(A) Withdraw from the sinking fund a sum equal to the amount of the
statutory borrowing power proposed to be exercised by the user of moneys
from such sinking fund: .
(B) Credit such sinking fund with the repayment of an amount of the
principal moneys for the repayment of which the fund is established equal
to the sum withdrawn from the sinking fund and thereupon the amount so
credited shall be deemed to be principal moneys discharged by application
of the sinking fund:
(C) Debit the account of the statutory borrowing power proposed to be
exercised with an amount of the principal moneys equal to the sum
withdrawn from such sinking fund and thereupon the statutory borrowing
power shall be deemed to have been exercised as fully as if the said
amount had been raised by the r issue of a fresh security and the
provisions of any enactment as to the repayment and re-borrowing of sums
raised under the statutory borrowing power shall apply thereto
accordingly.
(3) The provisions of this section shall not apply to any sinking fund
formed under the Local Loans Act 1875. (4) The Corporation shall furnish
all such information (if any) to the Minister of Health with regard to the
exercise of the powers contained in this section as the Minister shall
require.
50.—(1) The Corporation shall have power
(A) To borrow for the
purpose of paying off any moneys previously borrowed under any statutory
borrowing power which are intended to be forthwith repaid; or
(B) To borrow in order to replace moneys which during the previous twelve
months have been temporarily applied from other funds of the Corporation
in repaying moneys previously borrowed under any statutory borrowing power
and which at the time of such repayment it was intended to replace by
borrowed moneys. (2) Any moneys borrowed under this section shall for
the purposes of repayment be deemed to form part of the original loan and
shall be repaid within that portion of the period prescribed for the
repayment of that loan which remains unexpired and the provisions which
are for the time being applicable to the "original loan shall apply to the
moneys borrowed under this section.
(3) The Corporation shall not have power to borrow for the purpose of
making any payment to a sinking fund or of paying any instalment or making
any annual payment which has or may become due in respect of borrowed
moneys. The Corporation shall not have power to borrow in order to replace
any moneys previously borrowed which have been repaid
(A) By instalments or annual payments; or
(B) By means of a sinking fund; or
(C) Out of moneys derived from the sale of land; or
(D) Out of any capital moneys properly applicable to the purpose of the
repayment other than moneys borrowed for that purpose. The following
provisions are hereby repealed but without prejudice to anything done or
suffered to be done there under respectively (namely) Section 102 (Power
to re-borrow) of the Act of 1903. 51. When under the provisions of any
Act of Parliament or of any Order confirmed by or having the effect of an
Act of Parliament whether passed confirmed or made before or after the
passing of this Act the Corporation are empowered or required to form a
sinking fund for the payment off of moneys borrowed or payable by them
they may (in addition to any other powers for the time being vested in
them) invest such sinking fund and the interest on the investments of such
sinking fund in statutory securities.
52 (1) The borough accountant shall within forty-two days after the
thirty-first day of March in each year if during the twelve months next
preceding the said thirty first day of March any sum is required to be
paid as an instalment or annual payment or to be appropriated or to be
paid to the sinking fund in respect of any of the moneys raised by the
Corporation in
pursuance of any statutory borrowing power and not raised by the issue of
stock and at any other time when the Minister of Health may require such a
return to be made transmit to the Minister a return in such form as may be
prescribed by the Minister and if required by the Minister verified by a
statutory declaration of the borough accountant showing for the year next
preceding the making of such return or for such other period as the
Minister may prescribe the amounts which have been paid as instalments or
annual payments and the amounts which have been appropriated and the
amounts which have been paid to or invested or applied for the purpose of
the sinking fund and the description of the securities upon which any
investment has been made and the purposes to which any portion of the
sinking fund or investment or of the sums accumulated by way of compound
interest has been applied during the same period and the total amount (if
any) remaining invested at the end of the year together with such further
information (if any) as the Minister shall require and in the event of his
failing to make such return the borough accountant shall for each offence
be liable to a penalty not exceeding twenty pounds to be recovered by
action on behalf of the Crown in the High Court and notwithstanding the
recovery of such penalty the making of the return shall be enforceable by
writ of mandamus to be obtained by the Minister out of the High Court.
(2) If it appears to the Minister by that return or otherwise that the
Corporation have failed to pay any instalment or annual payment required
to be paid or to appropriate any sum required to be appropriated or to set
apart any sum required for the sinking fund (whether such instalment or
annual payment or sum is required by the Act in pursuance of which the
moneys are raised or by the Minister in virtue thereof to be paid
appropriated or set apart) or have applied any portion of the sinking fund
to any purposes other than those authorised the Minister may by order
direct that the sum in such order mentioned not exceeding double the
amount in respect of which default has been made shall be paid or applied
as in such order mentioned and any such order shall be enforceable by writ
of mandamus to be obtained by the Minister of of the High Court.
53, The Corporation shall not be bound to see to the execution of any
trust whether express implied or constructive to which any loan or
security for a loan may be subject but the receipt of the person in whose
name any loan or security for loan stands in the register of mortgages of
the Corporation shall be a sufficient discharge to the Corporation in
respect thereof notwithstanding any trusts to which such loan or security
may be subject and whether or not the Corporation have had express or
implied notice of any such trust or of any charge or encumbrance upon or
transfer of such loan or security or any part thereof or interest thereon
not entered in their register.
54. Any expenses of the execution by the Corporation of this Act with
respect to which no other provision is made shall be defrayed by the
Corporation out of the borough fund PART V11. Miscellaneous.
55.
Whenever the Corporation or the surveyor under any enactment byelaw
for the time being in force within the borough execute re-execute or alter
any work or do any act or thing in default or at the request of the owner
occupier or other person required to do such work act or thing (not being
undertakers under any Act or Order made under the Tramways Act 1870 the
Light Railways Act 1896 or the Electric Lighting Acts 1882 to 1909) the
Corporation shall not as between themselves and such owner occupier or
other person in the absence of any negligence or the part of the
Corporation or the surveyor or of any contractor or other person employed
by them or him be liable to pay any damages penalties costs charges or
expenses for or in respect of or consequent upon the executing
re-executing or altering of such work or the doing of such act or thing
and any such damages penalties costs charges or expenses paid by the
Corporation in the absence of negligence as aforesaid shall be deemed to
be part of the expenses payable by such owner occupier or other person and
shall be recoverable accordingly.
56. The following provisions of the Act of 1903 shall apply and have
effect as if they were with the necessary alterations re-enacted in this
Act (namely) :
Section 107 (Inquiries by Local Government Board); The whole of Part XI.
(Miscellaneous) except section 124:
Provided that the sanctioning authority in regard to byelaws made under
the section of this Act (the marginal note of which is " Byelaws as to
leading or driving cattle ") shall be the Secretary of State instead of
the Minister of Health. 57. The costs charges and expenses
preliminary to and of and incidental to obtaining this Act shall after
taxation by the taxing officer of the House of Lords or of the House of
Commons be paid by the Corporation out of moneys to be borrowed for that
purpose but may in the first instance be paid by the Corporation out of
any of their rates or funds and moneys so paid shall be recouped by and
charged to the moneys to be borrowed under this Act.
The SCHEDULE referred to in the foregoing Act
Form of·Mortgage Borough of Sutton Coldfield .
By virtue of the Sutton Coldfield Corporation Act 1920 and of other their
powers in that behalf them enabling the mayor aldermen and burgesses of
the borough of Sutton Coldfield (hereinafter referred to as "the
Corporation") in consideration of the sum of pounds (hereinafter
referred to as “ the principal sum”) paid to the treasurer of the borough
by (hereinafter referred to as “ the mortgagee ”) do hereby grant and
assign unto the mortgagee [his] executors administrators and assigns such
proportion of the revenues of the Corporation in the said Act defined as
the principal sum doth or shall bear to the whole sum which is or shall be
charged on the said revenues. To hold unto the mortgagee [his] executors
administrators and assigns from the day of the date of these presents
until the principal sum shall be fully paid and satisfied with interest
for the same (subject as hereinafter provided) at the rate of
per centum per annum from the day of
nineteen hundred and
until payment of the principal sum such interest to be paid half yearly
[on the day of
and the day of in each year] And it is hereby agreed that the principal
sum shall be repaid at the town hall in the said borough [(subject as
herein-
after provided) on the day of
nineteen hundred and ]
[by ]
Provided always and it is hereby agreed and declared that the
before-mentioned time for repayment may be extended to such subsequent day
or days and upon any such extension the before-mentioned rate of interest
may be altered to such other rate or rates of interest as shall from time
to time be agreed upon between the Corporation and the mortgagee and
mentioned in an endorsement to be made hereon under the hands of the mayor
and town clerk of the borough for the time being and that upon any such
endorsement being made whether relating to extension of time only or to
extension of time with alteration of rate of interest the provisions
thereof shall be incorporated herewith and shall operate and take effect
as though they had been originally inserted herein.
In witness whereof
the Corporation have caused their corporate seal to be hereunto affixed
this
day of nineteen hundred and
Mayor.
Town Clerk.
THE ENDORSEMENT WITHIN REFERRED TO.
The within-named
consenting the within mentioned time for repayment of the within mentioned
principal sum of is hereby extended to the
day of nineteen hundred and
[and the interest to be paid thereon on and from the
day of nineteen
hundred and
is hereby declared to be at the rate of
per centum per annum].
Dated this
day of nineteen hundred and
FORM or TRANSFER or MORTGAGE
I [the within—named]
of
in consideration of the sum of
pounds paid to me by
of (hereinafter referred to as " the transferee") do hereby transfer to
the transferee [his] executors administrators and assigns [the within
written security] [the mortgage number of the revenues of the mayor
aldermen and burgesses of the borough of Sutton Coldfield bearing date the
day of
] and all my right and interest under the same subject to the several
conditions on which I hold the same at the time of the execution hereof
and I the transferee for myself my executors administrators and assigns
do hereby agree to take the said mortgage security subject to the same
conditions.
Dated this day of
nineteen hundred and
Prlnted by EYRE and SPOTTIS WOODE, LTD.,
for
WILLI.AM RICHARD CODLING, Esq., C.B.E..M.V.O., the Kings Printer of
Acts of Parliament. © Scanned by me from an original owned by me.
MK 2011 |
