'Am fj^ya ^, f /V MUNICIPAL AND UEBAN SANITARY ENACTMENTS 1854 TO 1897 INCLUDING ELECTRIC LIGHTING PROVISIONAL ORDER 1890 AND TRAMWAYS PROVISIONAL ORDER 1896 IN FOECE WITI-IIN THE CITY AND COUNTY OF KINGSTON UPON HULL. ^ s ^^ ■w- PREFACE. The Statutes, and Provisional Orders relating to the Municipality, and Urban Sanitary Authority of Kingston upon Hull, so far as they are now in force, are printed in chronological order. The Index will, it is hoped, facilitate reference to the text, and, at the same time, give a general idea of the nature of its provisions. The enactments, which have been repealed, or, which though unrepealed conferred powers that have been exercised, and all recitals are omitted. The statutes relating to the Eailway and Dock undertakings of the City are also omitted, as they are printed in separate volumes. The Corporation have adopted the provisions of (a) The Baths and Wash Houses Acts, 1846 to 1882. (6) The Infectious Disease (Notification) Act, 1889. (c) The Infectious Disease (Prevention) Act, 1890. (d) Parts II. III. and IV. of the Public Health Acts Amendment Act, 1890. These Acts will be found amongst the Public General Statutes. This volume will not be admissible as evidence in Courts of Law ; and in some cases, in order to arrive at the proper con- struction of its contents, it will be necessary to refer to the Queen's Printer's Copy of the Statutes. E. LAVEEACK, Town Hall, Hull, Town Clebk. February, 1899. CONTENTS. The ftilUnoing Table of Contents eunsists. so far as Aetx of Parliament are ctincerned, of the side note" printi'il in tin- Aett. Proririoiiai Orders have no side notes, Out in the folloa-ing tohir their jilaee is supplied by notes irhicfi indicate the purport of the respective articles to uhieh thrij refer. THE Section. XXII. XXXI. XXXIII. LXIX. LXXIV, LXXV. LXXX. LXXXIII. LXXXIV. LXXX VII. LXXXVIII. XC. XCII. XCIII. XCIV. XCVII . XCVIII. XCIX. c. CI. CII. CIV. cv. CVI. evil. CIX. CXI. CXIV. CXV. CXX. CXXI. CXXII. CXXIII. CXXVI. cxxxv. KTXGSTON-UPON-HULL IMPROVEMENT ACT, 17 and 18 Vict., Ch. CI. 1854. Power to purchase premises to render Streets, &c.. more cominoitious Power for the Local Board to cause tlie streets to he liglited Local Board on request of occupiers to light streets Walls. &c., over sewers Penalty on others than scavengers, &c., removing refuse... Permission of Local Board for removal of soil for sale, &c. Power to throw land into streets by agreement with owners, itc.. Owners (if courts and passages to flag and repair ... No cellar holes to be allowetl without consent Inspection of drain.s, privies, cesspools and ashpits All sewers A-c, to be provided with traps, &c. Vaults and drains lo he kept in re]iair by owners... As to underground drains ... Local Board may l\v agreement make house drains at expense of owner Gutters Front yards to houses Size of areas of courts, alleys, ifec. ... Back yards and areas to houses to be provided As to buildings not now used as dwellings Plan of proposed buildings to be furnished Only one story in the roof ... Owners of licensed victualling houses, &c., to provide urinals Penalty on neglect ... Local Board may order nuisance to be abated Penalties for disobedience of orders of justices Unoccupied or unproductive property may be let to defray expenses Dogs suspected to be mad may be destroyed Penalty on obstructing streets with carts, &c. Local Board may contract for water carts and fire engines, &c. Byelaws for regulating porters, ic. As to lighting quays surrounding the Victoria and Railway Dock Continuing exemption of Dock Company from Rates Assessment of Dock? Exemption of - Dock Company and their tenants from rate" for lighting and cleansinp streets ... '• Highway Rates," &c., for highways Assessments to general and special district rates ... ... Page 1 1 1 2 •> 2 2 3 3 3 4 4 K 5 5 5 6 t! 7 8 8 9 9 9 9 10 10 11 11 11 1-2 VI. Contents. Skctioh. CLI. Penalties for ^uds in sale of ooals ... CLIV. Vacancii's in office of inspector to be supplied L'LV. InsiK'ctor to uiaki- declaration for due performance of his duty CLVI. Inspec-tor'.s l>ooks, Ac, to be oi)en for examination ... CLVII. Examination of inspector's nco file bills, Ac CLW. IVnalty for using undersized coal s-Jcks CLXVI. Measure of ton of coals CLXVIl. Coal porters to be registered CLXVIII. Penalty on coal iwrters acting without being registered CLXXVI. Inspector and meters and weighers not to be interested in sale of coals - ... Paok, 12 13 13 IS 18 U U u 14 15 15 15 PROVISIONAL ORDER, 1862. Abticlb. 5. Certain Provisions of Improvement Act to apply ... ... ... 16 6. Interpretation of terms ... ... ... ... ... ... ... 16 7. Delivery of pit notes to inspector ... ... ... ... ... 16 8. Payment of tonnage rate to inspector ... ... ... ... ... 17 9. Inspector to give ccrtificBtes ... ... ... ... ... ... 17 10. Certificates to be affixed as directed ... ... ... ... 17 11. Marking and capacity of sacks ... ... ... ... ... ... 18 12. Tickets of porters to be worn ... ... ... ... ... ... 18 13. Carta employed in carriage of coals to bear distinctire number ... 18 14. Fees for registering porters or carriers of coal .. . ... ... ... 18 16. Local Board may alter tonnage rates, 4c. ... ... ... ... 18 16. Inspectors to account every January for moneys received by them . . 18 17. PeTinlty for offences specified ... ... ... ... ... ... 19 18. Penalty on owners of carts not sufficiently numbered ... ... 19 19. Penalty for other offences ... ... ... ... ... ... 19 20. Prosecutions to be instituted by Local Board ... ... ... ... 20 21. Local Board may pay costs of prosecutions ... ... ... ... 20 22. Recovery of penalties ... ... ... ... ... ... ... 20 PROVISIONAL ORDER. 1871. 5. Private improvement works in streets ... C. Private improvement works in footways 7. Exjtenses to be due on passing of resolution ... 11. Penalty for contravening any Act administered by the Local Board 21 •22 23 •-'3 PROVISIONAL ORDER. 1871. 6. Works not to be constructed on the foreshore without consent 9. Superintendent of landing place 10. Orders of the Superintendent to be obeyed 24 24 25 Contents. VI 1. A'RTirLK. 11. 12. 13. u. 15. Free use of laudiiig-place not to be obstrucleU Throwing ballast, itc. upon landing-place prohibited ... Penalty for offence? Recovery of penalties ... Saving for the Crown ... 1'a.jk 2o 25 25 25 25 PROVISIONAL ORDER, 1877. III. Courts to be of width prescril)ed .nnd to be drained and paved before houses oceupied ... ... ... ... ... ... ... 2(> PROVISIONAL ORDER, 188o. II. Repair, alteration. &c.. Victoria Pier and jetty ... ... ... 27 III. Filling in of part of Perry Boat Dock, and widening of Nelson Street 27 IV. New sewer under Nelson Street, Queen Street and Humber Street ... 27 V. Flushing Ferry Boat Dock 28 VI. Articles 6 and li) of Provisional Order of 1871 to apply ... ... 28 VII. Public may be e.Kclnded from covered way ... ... ... ... 28 VIII. Borrowing powers ... ... ... ... ... ... .. 28 IX. Issue of debentures ... ... ... ... ... ... ... 28 X. Repayment of moneys borrowed ... ... ... ... ... 28 XI. Re-borrowing ... ... ... ... ... ... ... ... 30 XII. Principal and interest to bo paid out of district rate ... ... ... 31 XIII. Returns to Local Government Board 31 XIV. Local Government Board may make orders in relation to sinking fund 31 XV. Priority of mortgages and debentures ... ... ... ... ... 31 XVI. Persons advancing money to Corporation not bound to make enquiry... 32 XVII. Trustees or executors may invest in debentures ... ... ... 32 XVIII. Sections 11 and 12 of Local Loans Act, 1875, to apply 32 XIX. Saving for the Trinity House, Hull ... ••• 32 Skctios 1. 2. 3. 4. 5. C 7. 8. 9. 10. 11. 12. THE HULL CORPORATION LOANS ACT, 1881. 44 and 45 Vict., Ch. XCIV. Short title Interpretation of terms Act to be executed by the Council Corporation may create stock Application of Corporation stock .. Restriction on exercise of borrowin,s stock ... Security for Corporation stock No preference among holders Conversion of existing securities into Corporation stock... Trustees may invest in Corporation stock ... Nature and incidents of Corporation stock Register of Corporation stock powers after issue of Corporation 38 33 83 33 35 35 35 35 35 36 36 37 \iii. Contests. SkCTIOS. VkOK. 13. Interest on Corporation stock ... ... ... ... ... ■•• 87 14. Ueceipt of interest by executors. 4c 38 15. Hocfipts for interest of joint lioldcrs ... ... ... ... ... 38 16. Interest warrants by post ... ... ... ... ... ... ... 38 1". Transfer of Cor])on»t ion stock ... ... ... ... ... ... 38 IH. Closing rejfisters for transfers ... ... ... ... ... ... 38 19. Transmission of Corporation stock ... ... ... ... ... 39 20. Stock receipts 39 21. Stock certificates to b«'arer... ... ... ... ... ... ... 40 22. Con|)ons attached to stock certificates to bearer ... ... ... 40 23. Reffistration of bearer of stock certificates to bearer ... ... ... 41 24. Tnistees not to hold stock certificates to liearer ... ... ... ... 41 25. Loss or destruction of .stock ciTlificate to lH>arer or coupon ... .. 41 2C. General provision as to stock described in stock certificate to l)earer ... 41 27. Foes in re.spect of stock receipts and stock certificates to bearer... ... 41 28. Arrangements with bank ... ... ... ... ... ... ... 42 29. Corporation may make regulations as to Corporation stock ... ... 43 30. Expenses of execution of Act ... ... ... ... ... ... 43 31. Accounts to be kept by Corporation ... ... ... ... ••• 43 82. Corporation loans fund ... ... ... ... ... ... ... 43 33. Contributions for providing sums to be carried in every year to Corpora- tion loans fund ... ... ... ... ... ... ... 44 31. Funds and rntes out of which contributions to be payable ... ... 45 35. Amounts of contributions ... ... ... ... ... ... ... 46 RC. Raising of contributions ... ... .. ... ... .. ... 47 37. Application of Corporation Loans Fund ... ... ... ... ... 48 38. Purchase and cancellation of Corporation stock ... ... ... ... 48 39. Aj)plicntion of moneys raised by Corporation stock and not for the time lieing required ... ... ... ... ... ... ... 49 40. Appointment of receiver in certain caacs ... ... ... ... ... 49 41. Exemjition of purchasers of stock from inquiries into application of nicineys, &c. ... ... ... ... ... ... ... ... 50 42. Land disposed of to be freed from charges ... ... ... ... 50 43. Corporation mar dispose of land ... ... ... ... ... ... 50 44. Annual return t9 4.' Incorporation of previous Acts ... ... ... ... ... ... 59 5. Interpretation of terms ... ... ... ... ... ... ... 59 6. Repeal of Acts Gl 7. Act to be executed by 'Council 61 8. Committees of Council ... ... ... ... ... ... ... 62 PART II. Extension op BoRonQH. (i.) Extension of Boundaries and of Poicers of Corporation (J-c. 9. Extension of boundaries of borough ... ... ... ... ... 62 10. Authority of Corporation extended ... ... ... ... ... 63 11. [Exception as to area within limits of supply of Newington Water Company, Limited] ... ... ... ... ••• ... ... 63 12. Jurisdiction of the sheriff recorder and other officers extended 63 13. Extinction of liability to county or other rates and collection of arrears ... 63 14. Added part of ijorough to he part of county of town of Hull ... ... G4 1.5. Limits of parliamentary borough not affected ... ... ... ... 64 16. Vesting property of Corporation ... ... ... ... ... ... 64 17. Officers of Corporation continued ... ... ... ... ... ... 64 18. Deposit of borough map ... ... ... ... ... ... ... 64 19. Copies of deposited borough map to be evidence ... ... ... ... 65 20. Byelaws, &c., to apply to extended borough ... ... ... ... 65 (ii.) Election of Councillors and Aldermen. 21. Division of borough into wards ... ... ... ... ... ... 65 22. Newington district to be named " Newington Ward " ... ... ... 65 23. Provisions for existing councillors continuing to represent their former constituents ... ... ... ... ... ... ... ... 66 24. Commissioner to report before first of August ... ... ... ... 66 25. Order of Local Government Br.ard to be published ... ... ... 66 26. Constitution and number of the Council ... ... ... ... ... 66 27. As to burgess roll, &c. ... ... ... ... ... ... ... ii6 28. General saving for elections of councillors, &c. ... ... ... ... 66 29. Powers of commissioner and costs of inquiry ... ... ... ... 67 (iii.) Provisions respecting Local Boards, School Boards and Burial Board. 30. Dissolution of Newington Local Board ... ... ... ... ... 67 31. Cesser of powers and transfer to Corporation of property of Newington Local Board ... ... ... ... ... ... ... .. 67 32. Saving for deeds, securities, &c. ... ... ... ... ... ... 67 33. Actions, &c., not to abate ... ... ... ... ... ... ... 67 34. Rates and debts payable to and by Newington Board to be recoverable by and from Corporation .. ... ... ... ... ... 68 35. Books to be evidence ... ... ... ... ... ... ... 68 36. Cesser of juriBdiction of Cottingham Board and Sculcoates Rural Sanitary Authority over parls of their districts .. ... ... ... 68 37. Power of Cottingham Board and Sculcoates Rural Sanitary Authority to enter into agreement with Corporation ... ... ... ... 69 38. Provision as to outfall sewers ... .. ... ... ... ... 69 39. As to use and maintenance of outfall and other sewers ... ... ... 70 40. Liability of Corporation to debts of Cottingham Local Board ... ... 70 70 X. Contents. 8bctio». Pu.v. 41. Saving certain righu of the Cottin^ham LocaI Board ... ... ... 71 •12. SnTJiig for CiittinKliam Board, Sculcoates Rural Sanitary Authority and .Sutton ScIukiI Boanl 43. Borough to l»c a school district ... ••• 7- 44. As to liyc-lnw« of school boanl ... ... .... ... ... ... 72 45. I)in«jliui<>ii of school board of Xewington ... ... ... ... ... 72 46. Transfer of jurisdiction of Cottinfj^hani and of I^utton and Stoneferrj School Boards over parts of their districts adiled to the borough, At. 72 47. Order for election of new school board ... ... ... ... ... 7."> 48. Power to sell property transferred to Corporation .. . ... ... ... 78 49. Com|iensation to officers for loss of emoluments ... ... ... 7.S 00. Not to erect buildings on excavated land until properly filled up... ... 7.'> 51. Exemptions under section 211 of Public Health Act to apply to property in added part of borough ... ... ... ... ... ... 75 .'»2. Corporation to be burial lioard ... ... ... ... ... ... 75 5,S. Protection of owners of property adjoining highways ... "5 PART 111. Lands. 64. Power to appropriate lands for iiurjxjses of Act ... ... ... 76 55. Corporation may acquire casements only ... ... ... ... ... 76 56. Persons empowered by I/ands Clauses .Vets to sell lands may grant easements ... ... ... ... ... ... ... ... 76 57. Power to sell lands 76 58. Corporation may lease lands not required for purposes of Act 76 59. Application of purchase money of land ... ... ... ... 77 PART IV. LioaTivo. 60. [Extension of electric lighting powers] 77 61. [Provision for the protection of the Postmaster General] ... ... 77 PART V. LcHATir A»vi.u¥. 62. Power of Corporation to undertake duties of visiting justices 77 68. Committee appointed by council to have same powers as committee of visitors ... ... ... ... ... ... ... ... 78 PART VI. Ratiko and Bor«owiiio Provibions. 64. Exi-cnses of executing Act ... ... ... ... ... ... 78 65. Making and assessment of rates and {lOwer to rate owner in certain cases.. 79 66. [Exception of an area so fnr a.s regards rates in connection with water]... 79 67. As to rating of railway and dock properties in the added part of the borough ... ... .. ... ... ... ... ... 79 66. Recovery of rates 79 69. Present as.' be borrowe.i under 48 and 44 Vict. c. 199 81 Contents. XI. Section. PART VII. New Road and Streets Improvement. 73. Power to make new road from Trinity Street to Lunatic Asylum grounds, to widen and improve Carr Lane, &c. 74. Limits of deviation 75. Owners may be required to sell parts only of certain lands and buildings 76. Byelaws and provisions as to erection of buildings not to apply to railway buildings PART \nil. Water PART IX. Procedure and Miscbllaneous. (i.) General Provisions as to Procedure. 88. Prosecution and recovery of offences and penalties 89. Appeal to quarter sessions... 90. Restriction on informations 91. Proceedings not to be quashed for want of form ... 92. Proceedings against several persons tor the same offence 93. Judges not disqualified 9-t. Proofs of debts in bankruptcy 95. For securing transient offenders 96. Apportionment where lands are leased 97. Corporation may order prosecutions and expenses thereof (ii.) Notices. 98. Form and service of notices by Corporation (iii.) Byelaws, ^c. 99. Provisions as to byelaws of the Corporation 100. Byelaws as to corn and other meters and weighers 101. Power to revoke licenses (iv.) Private Improvement Expenses, 102. What to be deemed private improvement expenses 103. Apportionment of private improvement expenses ... 104. Recovery of expenses 105. Limit of time for recovery of expenses by Corporation extended ... 106. Power to allow time for repayment of expenses ... 107. Expenses to be a charge on premises 108. Recovery by mortgiigees in possession of moneys paid by them ... 109. Saving for special contracts as to expenses of works 110. Persons having partial interest may raise expenses by mortgage... 111. Corporation may charge supervision in addition to costs ... (v.) Saving clauses. 112. Continuing exemption of dock company from rates 113. As to streets, &c. repaired, &c. under the Hull Dock Acts 114. Saving rights of dock company 115. Saving rights of Trinity House 116. Plans of works to be delivered to Humber Conservancy Commissioners... 117. Saving rights of Humber Conservancy Commissioners ... 118. Saving rights of Beverley and Barmston Drainage Commissioners 119. Saving rights of the trustees of the Beverley and Skidby drainage Page. 81 82 83 83 83 84 84 84 84 84 84 85 85 85 85 85 86 87 87 87 88 88 89 89 89 89 90 90 90 90 90 91 91 91 91 91 92 xii. Contents. mo. Saving righU of the tnisttw of Cottinghain aroinaR.' 121 . String rinM.' -f the trustees of the Hold.TMOss .1rnin»i;o 122. [Savinp right? of Nowington Wntorfonipauy] 128. Snv.ng for Sir Frclcrick Augu.tu. Tnll-t C'lifTonl Corf^ttWo. Hart. 124. Saving for lis pendcn.s 12.'i. Power? of Act rumulative l->r,. Co»ts of Act First Schedule Second Schednle Third Schedule ... Paok. »2 92 on '.to '.18 9S 9.S 94 96 07 PROVISIONAL ORUER, 1883. Articlk. I. Waterworks 11. (<.) Drainage to be completed and house certified before inlml.iteTer to n.ake bridge over River Hull, new street, and street improve- ments ... \« to the construction of bridge over the River Hull c' For protection of Commissioners of Sewers for the East Riding of the County of York 7. I'lans of bridge over River Hull to be deposite.1 at Board of Trade ... 8. ConH>ration to erect mooring posts 9. Lights on works during construi-tion 10 Corporation to exhibit lights ... • n' Bri.lge and approaches to W deemed part of the streets of the borough . . 12. Regulations as to opening bridge IH. Penalty for breach of byelaws U Penalty if bridge master exercise powers unfairly 15. Penalty if persons oflTer rewards or bribes to bridge master 16 Boanl of Trade mav order h>cal survey n" If any works be abandoneil. Ac, Bo.rtl of Trade n.ay dir."Cl removal .. 18. Saving the righU of the Trinity House and Dock Company 19. Power to deviate 20. StreeU to be slx)ppcd up 100 ;oo 101 108 108 104 104 104 104 105 105 105 106 106 106 106 107 107 107 Contents. xiii. Sbotion. Page. 21. Power to stop up ways during the e.xecution of the improvements ... 107 22. Power to make subsidiary works ... ... ... ... ... ... 108 23. Period for compulsory purchase of hmds ... ... ... ... ... 108 24. Period for completion of works ... ... ... ... ... ... 108 25. Errors and omissions in plans, &c., to be corrected by justices who shall certify the same ... ... ... ... ... ... ... 108 2G. Power to take easements, &c., by agreement ... ... ... ... 109 27. Restriction as to liouses of the labouring class ... ... .. ... 109 28. Alteration of position of water, gas, and other pipes ... ... ... Ill 29. Corporation empowered to lay out carriage-ways, &c. ... ... ... 113 30. Owners may be required to sell to Corporation parts only of certain buildings ... ... ... ... ... ... ... ... 114 31.. .Corporation may let or exchange lands ... ... ... ... ... 114 32. Receipts of Corporation to be effectual discharges... ... ... ... 114 33. Power to Corporation to make agreements with owners of property, &o... 115 34. Power to borrow and create Coi'poration stock for purposes of Act ... 115 35. Application of money ... ... ... ... ... ... ... 115 36. Confirming agreement with North-Easteni Railway Company ... ... 115 37. For protection of the North-Eastern Railway Company ... ... 116 38. Saving rights of the Crown in the foreshore ... ... ... ... 116 39. Saving rights of the Grown ... ... ... ... ... ... 116 40. Costs of Act 117 Schedules 118 PROVISIONAL ORDER, 1886. Re-enactment of various articles in Provisional Orders, 1862-1880 ... 122 PROVISIONAL ORDER, 1888. Articlb. I. Power to issue redeemable Stock ... ... .. ... ... 123 PROVISIONAL ORDER, 1889. I. Interpretation of terms. ... ... ... ... ... ... ... 124 II. Incorporation of Town Police Clauses Act, 1847 ... ... ... ... 124 III. (1) Definition of terms 124 (2) Enumeration of incorporated sections... ... ... ... ... 124 (3) Driver or conductor only to act as specified in his licence ... .. 125 IV. Powers of Corporation to make byelaws ... ... ... ... ... 126 V. (1) Definition of term •'omnibus," ... ... ... ... ... 126 (2) Provisions of Public Health Act, 1875, to apply 126 PROVISIONAL ORDER, 1890. I. Power for Corporation to lend to the School Board or the Hull Board of Guardians 128 II. Sums lent to be raised by issue of Redeemable Stock ... ... ... 128 III. (1) Evidence of power to borrow ... ... ... ... ... ... 128 (2) Period of Loan 128 (3) Provision in case of default of payment ... ... ... ... 128 xiv. COMTENTS. Abticlk. Page. IV. Pronsions for raising sums ... >.. ... ... ... ... 129 (1) f'or redi'inption of stock or other secarity ... ... ... ... 129 (2) Payable under Article V 129 (.'?) Chargeable to capital ... ... ... ... ... ... ... 129 V. Provision as to redemption ... ... ... ... ... ... 129 VI. Provision a:: to stock icsued for the purposes of Articles 4 and 5 ... 129 VII. Abstract of accounts to be transmitted to Local Government Board ... 130 Vlll. Extension of borrowing powers of Corporation ... ... ... ... 130 PROVISIONAL ORDER, 1893. 1. Corporation empowered to make byelaws 131 II. Repeal of certain Ennctnieiits ... ... ... ... ... ... 132 III. (1) Secondary means of ncccs.s to dwelling-houses ... ... ... 133 (2) Byelaws respecting secondary means of access ... ... 183 (3) Public Health Act, 1875, to apply to byelaws 188 IV. (1) Plans not to be furnished in certain cases ... ... ... ... 133 (2) Exempted building not tc»»enpcr». kc. removing Kefuae. Prrmiboion >f I>il for Snlu. Tower to throw I>aiiil into Klre<'li' bjr A(fr«'iiK'iil with Ownon', kr. LXIX. That it shall not bo lawful, without the previous Cousent in Writiuj^ of the Local Board, to make or keep up any Wall. Palisado, Fence, or other Erection, over any Sewer of the Local Board ; and the Local Board may cause any such Erection made without their Consent, after the Seventh Day of August One thousand eight hundred and tifty-one, over any such Sewer, to be altered, pulled down, or othenvise dealt with as they think fit ; and the Expenses incurred by them in so doing shall be repaid to them by the Person to whom the Erection belongs, and be recoverable from him as Damages ; and for every Offence against this Enactment the Offender shall forfeit to the Local Board Five Pounds, and a Further Penalty of Forty Shillings for every Day during which the Offence continues after Notice in Writing from them in this Behalf. LXXIV. That if any Person other than a Person authorised by the Local Board collect or carry away any Dust, Dirt, Soil, Ashes, Filth, or Rubbish from any Street. Footway, House, or Land, except Land used for a Garden or Agricultural Purposes, in the Borough, ever}' Person so offending shall forfeit a Sum not exceeding Forty Shillings for the First Offence, not exceeding Five Pounds for the Second Offence, and not exceeding Ten Pounds for the Third and every subsequent Offence : Provided always, that nothing herein contained shall prevent the Occupier of any Garden or Agricultural Land within the Borough from keeping upon such Premises, or from sending his own Servant with his own Cart or Vehicle to receive, any Manure to be used for the Benefit of the same Garden or Land, and not for the Pui-pose of Sale. LXXV. Provided always. That the Local Board from Time to Time may permit any Persons, without being liable to any Penalty, to collect or remove, for Sale or Shipment, such Dust, Dirt, Soil, Manure, Dung, Ashes, Filth, or Rubbish, and at or within such Times as the Local Board think tit. LXXX. That the Local Board from Time to Time may, by Agreement with the Owners of any Lands which the Local Board require for the Purpose of making, altering, or diverting any Street, and by way either of absolute Purchase or Exchange of any Lands vested in the Local Board which may not be required by them for any Part of any such Street which becomes needless, lay such Lauds into the Street, or otherwise appropriate them for such Purposes as the Local Board think tit . and all Parts of such Streets, when so made, altered, or diverted, shall be pubhc Streets. The KiNGSTON-UPON-HuLL Impuovement Act, 1854. LXXXIII. That the Owner of any present or future Court or Passage, or any Part of any Court or Passage, shall flag or pave such Court or Passage, or the Part thereof whereof he is the Owner, and make a Drain through or along the same or such Part thereof as the Local Board require, and keep such Flagging or Pavement and Drain in good Repair, and shall also cause the Houses belonging to him to be suflficiently drained and so to be kept, and shall comply with this Enactment to the Satisfaction of the Local Board; and if any such Owner for One Month after Notice in Writing from the Local Board given to or left at his Dwelling House for him, or if he or his DewUing House be unknown, or he be out oi England, affixed to the Premises in respect of which the same is given, fail in any respect to comply with this Enactment, then and in every such Case such Owner shall for every such Default forfeit any Sum not exceeding Five Pounds, and any further Sum not exceeding Ten Shillings for every Week during which such Default continues, and the Local Board may do the Works required by them, and the Expenses incurred by them in that Behalf shall be Private Improvement Expenses, and recoverable accordingly. LXXXIV. That no Person shall (without the Consent of the Local Board) have or make in or upon the Footway or flagged or other Pavement of any present or future Street, any Cellar Window, Cellar Steps, Cellar Door, Cellar Hole, Cellar Grate, Stepway, or Hatchway leading or giving Light into any Cellar, Kitchen, or other Place under ground, of any House or other Building adjoining or near to or in the Street, save and except any such Window, Steps, Door, Hole, Grate, Stepway, or Hatchway as shall have been made, formed, or be in existence immediately before the Commencement of this Act. LXXXVII. That the Surveyor of the Local Board from Time to Time may inspect any Drain, Privy, Cesspool, or Ashpit, and for that purpose at all reasonable Times in the Daytime, after Twenty- four Hours Notice in Writing to the Occupier of the Premises to which such Drain, Privy, Cesspool, or Ashpit is attached, may enter upon any Lands and Buildings, with such Assistants and Workmen as are necessary, and cause the Ground to be opened where he thinks fit, doing as little Damage as may be ; and if such Drain, Privy, Cesspool, or Ashpit be found to be in proper Condition, he shall cause the Ground to be closed and made good as soon as may be, and the Expenses of opening, closing, and making good such Drain, Privy, Cesspool, or Ashpit shall in that Case be defrayed by the Local Board. Owners of Courts and Passages to flag and repair. No Cellar Holes to be allowed without Consent. Inspection of Drains, Pri- vies, Cesspools and Ashpits. TllK. KiST.STOX-lTOS s'-HiLL Impkovemext Act. 1Ho4. All Sewer'. *c.. to be provided wiib Tnip». kc. V»nlu »nd Drains to be kept in repair 1 by Owners. i An to unik-r ground Drains. I>ical Iliard uiny bv .\(rrcouieni nittki' H'>ii« Drains »' Kijn'iife I'f Uwncr. 1 WWII I That all Sewers and Drains, whether public or private Thdl he provided by the Loeal Board or other Pe,-sous :h.n they respectively belong, with proper Traps or oh Coverings or Means of Ventilation, so as to prevent feteneh , and f the Owner of anv private Drain fail for Fourteen Days after Notn c rou°r Local- Lrd so to prov.de against Stench —.. the Local Board may do the requisite Works ; and the Expense thereoras certified by their Surveyor, shall be Private Improvement Expenses, and recoverable accordmgly. rXoTE.-r;.» seclu,,, u rcpcM so far as U rdates to d,au,s t. JluMings iytlu Pro.,sio,.al Oraero/m3,.M.IL.,.,.13J-] XC That all Vaults, -tehes. Cellars, and Drams now or hereafte^ made in or under any Street shall be kept ■" substant a r. W the owners thereof to - -;— Itea"^ rj:^s::r:=«tLoca.Boa^^^^^ OccunL of any Teneuaeut to which such Vault, Arch, Cellai, o S longs or ..th which it is connected and used ; and such n nP, o Oc upier shall also forfeit a Sum not exceeding Twentj Ownei or Occupier suau rpiiov or Drain continues ^hilli.i.rs for every Day such \ ault, Arch, Leliai, or x^miu such Ecpa>r has elapsed after the Servec thereof^ XCII That the Owner or Occupier of any House or Ending ,, any Street shall ^^^^^ ::ii:::::z::^:2^ ^z -: """'rrt;™- or Foftp^l oX l- Dram Outte.. Paveiueut or r lag^iUft tji " r i * +»,.* Pnmfmo such Tmn k or fi h ron Drln, Gutters, under the Direction of the runne s, or n. ,,„a „!! Damage hereby occasioned ''":: l^::^Z^:"^^of^e Fo„tpat carriageway shall ':.:aa~b::r!;;i:. Expense of such owner or 0C„ XCIU That the Local Board, by .\grcen,ent w .th the Owner , „„v Teneu,enl, or in case of his Default, ,nuy nmke any Dran, :.,;Li such T«,cment at Ins Expense, and the Lxpeuse The KiNGSTOx-rpoN'-HuLL iMrBOVEMENT ArT, 1854. (i utters. Front Varr or his Agent, or if such Owner be unknown to the Clerk or Surveyor of the Local Board, or cannot be found by them, affixed to or placed on such House, Building, or Land, may take possession thereof, and The Kingstox-upon-Hull Impkotement Act, 1854. fence off and from Time to Time let the same or any Part thereof by the Year or from Year to Year, at the best yearly Ecnt, until with the clear Eents thereof the Local Board reimburse thenaselves, and may appoint some Person to deliver the Possession of such House, Building, or Land to the Tenant ; and such letting shall effectually vest the legal Estate in Possession of the House, Building, or Land comprised therein in the Tenant for the Term agreed on, and give him a good Title thereto against the Owner thereof and all other Persons whomsoever, and the Rent reserved shall be paid to the Local Board, who shall thereout, in the first place, pay the Expenses of such fencing and letting, and in the next place retain the Amount so due from such Owner, and shall on Demand pay the Surplus (if any) to such Owner or his legal Representative. CIX. That anj' Constable may destroy any Dog or other Animal reasonably suspected to be in a rabid State, or to have been bitten by any Dog or other Animal reasonably suspected to be in a rabid State. CXI. That every Person who causes any Cart, Waggon, Truck, or other Wheel Carriage, with or without Horses, or other Cattle, to stand in any Street longer than is necessary for loading or unloading the same, shall for every such Offence be liable to such Penalty or Punishment as by the Twenty-eighth Section of "The Town Police Clauses Act, 1847," is provided with respect to Offences therein specified. CXIV. That the Local Board from Time to Time may contract with any Persons for the supplying and keeping in order of such Water Carts or Engines for watering the Streets, and such Fire Engines, with sufficient Hose, Apparatus, and other Things relating thereto, as the Local Board think proper. CXV. That the Local Board from Time to Time may make, alter, and repeal such Byelaws, Rules, and Orders for the following Purposes, as they think fit : First, for licensing a sufficient Number of Porters, Porters' Carts, Coal Carriers, Coal Carts, Water Carriers' Trucks, Water Carts, and all other Carts and Carriages to be let or ply for Hire within the Borough : Secondly, for regulating such Porters, Porters' Carts, Coal Carriers, Coal Carts, Trucks, Water Carts, and other Carts and Carriages, and in what Manner the same shall be provided ; Dogs suspected to be mail, may be destroyed. Penalty on obstructing Streets with Carts, &c. Local Board may contract for Water Carts and Fire Engines, kc. Byelaws for regulatintr Porters, ka. 10 The KisosTON-rpox-Hri,i, iMrnovEMEXT Act, 18-54, Ai to lighting; Qimra KurroaDdin;; the Viclorin and Railway Dock. ContinuinK Exrmption of Dork Company from Rale*. Thirdly, touching' the Letters, Messages, Goods, Parcels, and Things to be carried and conveyed by such Porters, or any of them : Fourthly, touching thi- Quality and .Mcasnrt' of Coals to be carried by such Coal Carriers, and the weighing and measuring thereof on Dehveiy : Fifthly, for preventing Frauds in the Sale of Coals and Water : Sixthly, for ascertaining and fixing, altering, and removing from Time to Time the Stands for such Porters, Porters' Carts, Coal Carriers, Coal Carts, Water Carriers' Trucks, Water Carts, and other Carts and Carriages respectively : Seventhly, for tiying and punishing the Misconduct and Mis- behaviour of Porters. Coal Carriers, Water Carriers, Carmen, Truckmen, and Labourers plying for Hire within the Borough : Eighthly, for ascertaining and fixing what Rates, Fares, and Prices for Time, Quantity, and Distance shall be taken by such Porters, Coal Carriers and Water Carriers, Carmen, Truck- men, and Labourers respectively : Ninthly, for ascertaining and fixing to what Distances such Porters, Coal Carriers, W^ater Carriers, Carmen, Truckmen, and Labourers respectively shall be obliged to drive, carry, go, and come within the Borough. CXX. That the Quays surrounding the Victoria Dock and the Railway Dock, and the Basins and Entrances thereof respectively belonging to the Dock Company, shall, for the Purposes of lighting, be deemed public Streets, and shall be lighted l)y the Local Board accordingly, and the Expense thereof shidl be defrayed out of the Rates applicable to lighting, in the same Manner as the Expenses of lighting other public Streets within the Borough are defrayed by the Local Board : Provided always, that, except as to lighting, such Quays shall not further or otherwise than previously to the passing of this Act be constituted public Streets. CXXL That the Dock Company at Kingxion-upov-HuU may from Time to Time claim and shall be entitled to any Exemption from Lial)ility to Rates and Assessments which, if the recited Provisional Order had not been made, and this Act were not passed, they might claim and be entitled to under the Provisions of the repealed Acts or any of them. The KiNGSTON-upoN-HuLii Impko\'ement Act, 1854. 11 CXXII. That the Dock Coiupany at Kiii/jston-wpon-HiiU , and their Tenants and Occupiers, shall, in respect of such Part of their Property as shall consist of Land covered with Water, he assessed in respect of the same to Special District Kates and General District Bates respectively, in the Proportion of One Fourth Part only of the net yearly Value thereof, but subject and without Prejudice to any other Exemptions from Liability to Rates and Assessments which under this Act they may claim. CXXIII. Provided always, that so long as the Dock Company at Kingston-iqwn-Hull at their own Expense effectually light and cleanse the legal Quay in the Parishes of the Holfi Tnnifij and Saint Mary, in the Borough, and the Ground lying between the same and the Dwelling Houses, Warehouses, Lands, and Heredita- ments of that Company, situate on the Southern Side of or contiguous to that Quay, and which immediately before the Com- mencement of this Act that Company are bound to light and cleanse, neither that Company, nor any of the Tenants or Occupiers of those Dwelling Houses, Warehouses, Lands, and Hereditaments, shall be liable to the Payment of any Eate or Assessment under this Act for lighting or cleansing Streets ; and so long as that Company at their own Expense effectually light and cleanse all such other Places in the Liberty of Tripj^ett, in the Borough, as they are immediately before the Commencement of this Act bound to light and cleanse, neither that Company, nor any of the Tenants or Occupiers of the Dwelling Houses, Warehouses, Lands, and Heredita- ments adjoining on those Places, shall be liable to the Payment of any Rate or Assessment under this Act for lighting or cleansing Streets ; and so long as that Company at their own Expense effectually light all such Places in the Borough as they are imme- diately before the Commencement of this Act bound to light, neither that Company, nor any of the Tenants or Occupiers of the Dwelling Houses, Warehouses, Lands, and Hereditaments adjoining on those Places, shall be liable to the Payment of any Rate or Assessment under this Act for lighting Streets. CXXVI. That for the Purpose of defraying all or any Part of the Expenditure of the Local Board in or about the repairing and cleansing respectively of any Highways, the Local Board from Time to Time, if they think fit, may levy and raise such Sums as they think requisite, by One or more Highway Rate or Rates, or Assessment of Docks. Exemption of Dock Company and their Tenant* from Rates for lighting and cleansing Streets. " Highway Rat 63. "ic, for Highways. Tnr KiNGSTOs-vpoN-HiLL Improvemf.xt Act, 1854. to Gencml and Spwial nistriciUalov i'eoalticB for FmiilsinSnIc of CnUa. l)y One or more Special District Rate or Rates, or by One or more General District Rate or Rates, or partly by One or more of such Rates, and partly by another or others of such Rates : Provided always, that all Highway Rates shall be assessed only upon Property chargeable to Highway Rates by A-irtue of the Laws now in force or hereafter to be passed relr.ting to Highways. CXXXV. That the Special District Rates and the General District Rates respectively from Time to Time made by the Local Board shall be assessed on the full net yearly Value of the rateable Property as ascertained by the Rate (if any) for the Relief of the Poor made next before the making of such Rates respectively : Provided always, that the Occupier of any Land used as .\rable, Meadow, or Pasture Ground only, or as Woodland, Market Gardens or Nursery Grounds, and the Occupier of any Land covered with Water, or used only as a Canal or Towing-path for the same, or as a Railway constructed under the Powers of any Act of Parliament for public Conveyance, shall be assessed in respect of the same in the Proportion of One Fourth Part only of such net annual Value thereof. CLL That if any Person commit any of the following Offences within the Borough, every Person so offending shall for every such Offence forfeit a Sum not exceeding Five Pounds over and above all Damages which any Person aggrieved by the Offence may recover for the same ; that is to say. First, knowingly selling or offering for Sale, or delivering or of- fering to deliver, any Coal of one Sort as being Coal of any other Sort : Second, knowingly selling or offering for Sale, or delivering or offering to deliver. Coals of several Sorts mixed together as being Coal of only One Sort : Third, knowingly selling or offering for Sale, or delivering or offering to deliver, any Coal as being of a given Weight which is of a less Weight : Fourth, knowingly selling or offering for Sale or Delivery, or of- fering to deliver, any Coal as being of a given Quantity which is of a less Quantity : Fifth, knowingly doing any other Thing with Intent to deceive any Person being or proposing to be the Buyer of any Coal, with respect to its Quality, Weight, or Quantity : The Kingston-ui'on-Hull Impuovement Act, 1854. Sixth, knowingly authorizing or permitting any such Offence to be committed. CLI V. That witliin Fourteen Days after every Vacancy in the OfBce of Inspector, or so soon thereafter as conveniently may be, the Local Board shall supply the Vacancy : Provided always, that whenever a Vacancy happens, the Mayor may appoint some fit and proper Person to be the Inspector until the Vacancy be supplied by the Local Board. CLV. That before any Person shall act as an Inspector in the Execution of this Act, he shall take and subscribe before the Mayor, or any One or more of the Aldermen, a solemn Declaration, as follows ; (to -wat,) 'I A. B. do solemnly and sincerely declare, That I will • honestly, truly, faithfully, and impartially, according to the ' best of my Skill and Judgment, execute the Office of Inspector ' of Coals for the Borough of Kingstou-upon-Hull, pursuant ' to the Provisions of " The Kingston-upon-Hull Improvement 'Act, 1854.'" CLVI. That the Inspector shall permit the Books in which Entries are by this Act required to be made by him, and also the original Bills or Tickets, and the Accounts and solemn Declara- tions by this Act directed to be filed by him, to be inspected or examined by any Person requiring the same without Fee orEeward. CLVII. That theLocalBoard,oranyCommittee thereof, from Time to Time at their own Will and Pleasure, wdthout previous Notice or Declaration of their Intention so to do, may call for, inspect, and examine the Books, Accounts, Papers, and Vouchers of or belonging to the Inspector in the Matters appertaining to his Office, and the Inspector shall produce the same accordingly ; and if on any such Inspection and Examination it appear to the Local Board or such Committee that there is any wilful and erroneous Entry, Omission, Concealment, Fraud or Misrepresentation in any of such Books, Accounts, Papers, or Vouchers, or that the Inspector has negligently or fraudulently conducted himself in the Execution of his Office, the Local Board may and shall thereupon dismiss, or such Committee may and shall thereupon suspend, the Inspector ; and in every Case of such Suspension the Committee shall forthwith give Notice in Writing thereof to the Clerk of the Local Board, assigning the Cause of such Suspension, and the Local Board may Vacancies in Office of Inspector to be supplied. Inspector to make Declaration for due Performance of hia Duty. Inspector's Books, &c. to be open for Examination. Examination of Inspector's Accounts. 1-1 'I'nK KiNosTuN-rp<)N-Hii.i, Imi'hovement Act. 1S5-1. I'enaKm on Iiupector for Neglect or Krmud. Inipaetor to ftle BilU. kc. Penalty (or uninf; under- riseil Coal 11 Wture o( Tod of Coala. dismiss the Inspector or remove the Suspension, and any Person so dismissed hhall not be ciipable of bein^' re-appointed to the Office, or of beiiip appointed to any other Office or Place under this Act. CLVIII. That if any Inspector, upon Payment or Tender to liini ui the Sum to be paid in respect thereof, refuse or neglect to receive and register any Bill or Ticket, Accounts or solemn Declaration, made and given to him of or concerning any Coals, or do not truly and faithfully register the same, and make and deliver such Certificate thereof in the Form and Manner required by the Local Board, or do not make and keep such Books, Accounts, Papers, Registers, Vouchers, Notes, and Entries as are by this Act required, or are by the Local Board from Time to Time thought fit and required, or do not produce the same when thereunto required as by this Act provided, or destroy, alter, deface, or mutilate the same or any of them, or in any Manner act in collusion with any Person whomsoever, to assist or enable him fraudulently to evade the Provisions of this Act in reference to the Importation, Sale, or Delivery of Coals, every such Offender shall for every such Offence forfeit a Sum not exceeding Fifty Pounds. CLXI. That the Inspector shall receive and register, file and keep, all such Bills or Tickets, Accounts, and solemn Declarations, from Time to Time delivered to him. CLXV. That if any Vendor of. or Dealer in, or Carrier of (Joals use or cause to be used any Sack for delivering or carrying Coals within the Borough which is not at the Time of using the same capable of containing One hundred and forty Pounds Weight of Coals, then and in eveiy such Case everj- such Person so offending shall for every such Sack so deficient forfeit and pay any Sum not exceeding Five Shillings, and the Mayor or othef Justice before whom the Conviction takes place shall cause every such Sack found so deficient to be destroyed. CLXVl. That the Measure of every Ton of Coals sold and delivered to any Purchaser thereof in the Borough shall contain Sixteen of such Sacks of Coals filled to the Top ; and if any Vendor of, or Dealer in, or Carrier of Coals deliver or cause to be delivered to any such Purchaser a less Number of such Sacks for a Ton, and so m proportion for a greater or less Quantity than a Ton. or do not fill the same to the Top. every Person so offending shall for every • snch Offence forfeit and pay any Sum not exceeding Forty Shillings. The KiNosTON-ui'ON-HuLL Impkovement Act, 1854. 15 CLXVII. That every Porter or Can-ier of Coals within the Borough shall cause his Name to be registered by the Inspector in a Book to be kept for that Purpose, and the Inspector shall there- upon give and deliver to every such Porter or Carrier an engraved and numbered Ticket of Brass or other durable Material, denoting his Occupation and Order of Entry in such Book, which Ticket shall be worn and carried bj' the Porter or Carrier in front of his Hat or Cap, and every Owner of any Cart employed in the Carriage and Delivery of Coals shall give an Account to the Inspector of the Number of Carts to be employed by him, and which shall also be registered by the Inspector in such Book. CLXVIII. That if any such Porter or Carrier carry any Coals without wearing or carrying such Ticket, or if any such Porter or Carrier, or the Owner of any such Cart, carry or convey any Coals without having caused such Entry to be made, and without having paid the Fees or Charges to which he is by this Act made liable in that Behalf, every Person so offending shall for every such Off"ence forfeit any Sum not exceeding Twenty Shilhngs. CLXXVI. That if the Inspector or any such Meter or Weigher be, at any Time during his respective Continuance in Office, directly or indirectly interested or concerned in the Sale of any Coals whatsoever, otherwise than in the Discharge of his respective Office, every such Inspector or Meter or Weigher so offending shall for every such Offence forfeit and pay any Sum not exceeding Ten Pounds, and shall be dismissed from his Office, and be for ever disabled from holding or executing the same, or any other Office or Employment under this Act. Coal Porters 1 bo rc^is- Icre'd. Penalty on Coal Porters actina; with- out being registered. Inspector and Meters and Weighers not to be inter- ested iu Sale o£ Coals. 16 Provisioxal Order, 1862. BOROUGH OF KTXGSTOX-UPON-HULL. PROVISIONAL ORDER. Dated 3rd July, 18G2. Confirmed by the Local Government Supplemental Act, 1863, 26 and 27 Tid., Ch. XXXII. Royal Assent, 29th June, 1863. 5. The provisions of sections 151 to 158 (both inclusive). Ujl, l6o to 173 (both inclusive), 176 and 177 of the Improvement Act,* for the purpose of punishiuf^ and preventing frauds and impositions with respect to coal, and all other provisions of that Act applicable in that behalf, and this provision and the following provisions respectively, shall be in fin'ce in all places within the district for the time being of the Local Board, and with respect to all coal brought to or sent from or passing through such district. 6. The provisions of sections 151 to 158 (both inclusive), 161, 165 to 173 (both inclusive), 176 and 177 of the Improvement Act; and all other provisions of that Act applicable in that behalf, shall be so in force for the purposes of the following provisions, and shall extend and be read and have effect accordingly ; that is to say. Where in these provisions the owner of any coal, or the master of any vessel carrying coal, or the vendor of or dealer in coal is mentioned, his respective agent shall be included ; and the inspector or inspectors of coals from time to time appointed under the Improvement Act shall be the inspector or inspectors of all coals which shall be brought for sale to, or sent from, or shall pass through such district of the Local Board, or any part thereof. 7. The owner of any coal brought within such district, or if carried by water the master of the vessel carrying it, shall, before such coal or any part thereof is sold or delivered or other- wse dealt with within the said district, deliver to the inspector or inspectors as aforesaid the original pit note denoting the quantity and (juality thereof which was delivered to such owner ur master with the coal when it was obtained, and the inspector or inspectors shall register and file the same, and keep it in his or their oflice, and after the Local Board have by advertisement in the London Gazette, and once in each of six successive weeks in each of four London daily morning papers, and • Kingston-upon-HuU Improvement Act, 1854. Provisional Obdee, 1862. 17 two newspapers published in the county of York, and by placards posted in conspicuous places within such district, and by hand-bills distributed there, giving public notice of this provision, a duplicate of such original pit note shall be sent to the said inspector or inspectors by the clerk or agent of the colliery whence the coal was obtained, by the post next after the delivery of the original pit note to the said ovraer or master as aforesaid, and the said inspector or inspectors shall thereupon register, file, and keep such duplicate in his or their office. If, however, the pit note do not sufficiently specify the quantity or quality of the coal, or there be not any such pit note delivered with the coal at the colliery or pit whence the coal was obtained, or if the pit note be lost, or if the vessel carrying the coal shall have been originally loaded for any other place and afterwards changed her destination without the proper pit note being accordingly delivered, or if the inspector or inspectors see other good and sufficient cause, then and in every such case the owner of the coal, or if carried by water the mastei of the vessel carrying it, shall deliver to the inspector or inspectors an account of the quality and quantity of the coal, setting forth when it was obtained and at what place, and from what colliery, and shall verify the same by solemn statutory declaration in lieu of oath, and such inspector or inspectors shall receive, and register, file, and keep in his or their office, every declaration so made. 8. The ovsmer of any coal brought within the said district, or if carried by water the master of the vessel carrying it, or the vendor of or dealer in the coal, shall, before he sells, delivers, or deals vnth the coal, pay to the inspector or inspectors a tonnage rate at the rate of one halfpenny for every ton of the coals. 9. On payment to the inspector or inspectors of the tonnage rate for coal, he or they shall make out, and give to the owner, master, or agent paying it, a certificate in writing, in such form as the Local Board may from time to time think proper and direct, and to be signed by such inspector or inspectors, setting forth the quantity, quality, and date of arrival within the said district of such coal. 10. If the coal be carried by water the certificate of the inspector or inspectors shall be affixed by the master of the vessel carrying it to the mast of the vessel, and be continued so affixed until the cargo be sold or delivered, or if the coal be delivered into 18 pKovifitoNAL Ordeb. 1862. any yard or place within thf said district for sale, then the certifi- fiitc shall be placid by the vendor of or dealer in the coal upon a board or pole in front of the heap of coal, and be continued no placed until such heap be sold or disposed of; and the certificate shall be so aflixed or placed immediately after the deUvery thereof, or placed and continued in such other place and in such manner as the inspector or inspectors from time to time shall direct. 11. No sack shall be made use of in the delivery of coal within the said district unless it be first marked by the inspector or inspectors with such distinctive mark as the Local Board from time to time may direct, and no sack shall be marked which is not at the time of the marking thereof capable of containing 140 lbs. weight of coal, and all sacks taken before the Mayor or other Justice within the said district, and found by him to be deficient in size or not properly marked, shall under his order be destroyed. 12. The ticket of any porter or carrier of coals within the said district may, if and when the Local Board so order, be worn and carried in such conspicuous maimer as they may order instead of in front of his hat or cap. 13. Every owner of any cart employed for the carriage or delivery of coals within the said district shall paint on it on each side in plain figures of not less than three inches in height and proportionate width such distinctive number as shall be assigned to it by the inspector or inspectors. 14. Every porter or carrier of coal within the said district shall on being registered pay one shilling, and shall yearly there- after while on the register on the first day of January pay one other shilhng, and the owner of everj' cart employed in carrj-ing coal within the said district shall on the cart being registered pay one shilling, and shall yearly thereafter while the cart is on the register on the first day of January pay one shilling, and those payments shall be made to the inspector or inspectors. 15. The Local Board whenever they see occasion may reduce or raise (but not above the specified sums) the sums to be from time to time paid under those provisions to the inspector or inspectors as the tonnage late for coal, and by porters, carriers, and owuers of carts. 16. The monies from time to lime paid under these provi- siuUH to the inspector or inspectors as the tonnage rate for coal. Provisional Oeder, 1862. 19 and by porters, carriers, and owners of carts, shall be accounted for and paid over by such inspector or inspectors, in the month of January in every year, to the treasurer of the Local Board, to the credit of their General District Fund Account. 17. If any owner of coal, or the master of any vessel carrying coal, knowingly commit any of the following offences ; that is to say. First. — Do not within 24 hours after the arrival of the coal within such district, "or within such earlier period than 24 hours if he shall earlier deal with any coal within the said district, deliver to the inspector or inspectors the requisite pit note, account or declaration relating thereto ; Secondly. — Make or deliver a false, feigned, or forged pit note ; Thirdly. — Alter, deface, erase, or mutilate any pit note ; Fourthly. — Do not affix or place, or continue the certificate of the inspector or inspectors, as he or they direct ; Fifthly. — Make or affix or place or continue any false, feigned, or forged certificate ; Sixthly. — Alter, deface, erase, or mutilate, any certificate of the inspector or inspectors ; Seventhly. — Make or deliver a false or inaccurate account of the quantity or quality of the coal ; Eighthly. — Bring within the said district coal of one quaUty or sort for and as coal of a difl'erent quality or sort ; or Ninthly. — Make or deliver a false declaration of any matter with respect to which he is by the Improvement Act, or these provisions, required to make a declaration ; Every person so oflfending shall forfeit and pay any sum not exceeding one hundred pounds. 18. If the owner of any cart carry therein within the said district any coal without having the requisite figures painted thereon, every person so offending shall for every such offence forfeit any sum not exceeding twenty shillings. 19. If any person commit any offence against any of the provisions with respect to coal of the Improvement Act, or of these provisions, and for which no penalty is prescribed, he shall forfeit a sum not exceeding ten pounds. 20 Provision.u. Ohler. 1862. 20. All prosecutious and other proceedinu's uuder the Improvement Act, or these provisions, with respect to offences connected with coal, shall be instituted by the Local Board or their officers. 21. The Local Board from time to time may direct any l)ro.secutiou or other proceedinf^'s to be taken for the recovery of any penalties under and for the punishment of any persons offend- ing against any of these provisions, and may defray the expenses thereof as part of their general expenditure. 22. All penalties under the Improvement Act or these provisions shall be recoverable in accordance with the provisions of the Act of the Session of the eleventh and twelfth years of the reign of Her present Majesty, chapter 18. with respect to the administration of justice. Provisional Oiider, 1871. -21 BOROUGH OF KINGSTOX-UPON-HULL. PROVISIONAT. ORDER. Dated 30th Marcb, 1871. Confirmed hy the Local Government {Supplemental Act, 1871 {No. 2). .S4 and 85 Vict.. Ch. LIX. Royal Assent, SOth June. 1871. 6. If any highway, street, road, or way, or any part or parts thereof, situate within the area of jurisdiction of the said Local Board, which has not heretofore been declared by resolution of the said board a public highway repairable by the board, be not entirely and wholly sewered, levelled (which shall include lowering or raising the level of the same), paved, flagged, and channelled, or otherwise made good to the satisfaction of the Local Board, the Local Board may, by notice in writing under the hand of their clerk for the time being, addressed to the respective owners or occupiers of the lands, houses, hereditaments, and premises front- ing, adjoining, or abutting upon such parts thereof as may require to be sewered, levelled, paved, and flagged, or channelled, respect- tively, require such owners or occupiers, within one calendar month from the date of such notice, to sewer, level (as aforesaid), pave, flag, and channel, or otherwise make good, and to their satisfaction, as aforesaid, the highway, street, road, or way, or part or parts thereof, accordingly, and if the same be not so sewered, levelled as aforesaid, paved, flagged, or channelled, or otherwise made good, in accordance with the terms of such notice, to the satisfaction of the board, within the time aforesaid, then, and upon the expiration of the said one calendar month from the date of such notice, the said Local Board may, if they shall think fit, thereupon cause the works mentioned or referred to in such notice to be executed, done, and performed, at such places or place specified in such notice, in such manner as they may see fit ; and the expenses incurred by the said Local Board in respect thereof shall be repaid to them, their successors and assigns, by the owners of such said lands or houses, buildings and premises respectively, in default, according to the frontage of their respective premises, and in such proportion as shall be fixed by the board's surveyor for the time being, and be recoverable, with interest thereon respectively, at the rate of five per cent, per annum, from such said owners or occupiers respectively, by the said Local Board, their successors and assigns. 22 Provisional Order, 1871. in manner herein-after mentioned. Provided always, that upon payment to the said Local Board, their successors and assigns, of such expenses, the Local Board shall accept and declare such turnpike road, highway, street, or way, or parts or part thereof, to be a public highway thenceforth ; imd thereafter, such said high- way, street, road, or way, or such part or parts thereof as aforesaid, shall from thenceforth be repairable by the said Local Board out of the rates levied by them for the repairs of pubhc highways under the said 'Improvement Act. 6. The 82nd section of the said Improvement Act shall be repealed, and in lieu thereof be it enacted : — That if any cause- way, footway, or sideway of any highway, street, or way, whether ihe same highway, street, or way has been declared a highway or not, before or since the passing of the said Improvement Act, which has not heretofore been flagged or formed with materials of such width or otherwise to the satisfaction of the Local Board, then the said Local Board may, by notice in writing under the hand of their clerk for the time being, addressed to the respective owners or occupiers of the lands, houses, buildings, and premises adjoining or abutting upon the said causeway, footway, or sideway, require such owners or occupiers, within one calendar month from the date of such notice, to flag or form the same to the extent of their respective frontages thereto, of such materials and of such width as the said Local Board may think fit. And the said Local Board shall have the hke power and authority with respect to any such causeway, footway, or sides, as to the materials or width of which they may disapprove, as is contained in section 5 herein-before mentioned, and if the same causeway, footway, or sides be not so flagged or formed or otherwise made good, in accordance with the conditions of such notice, then, and upon the expiration of the said one calendar month, the said Local Board may cause such causeway, footway, or sideway to be so flagged or formed or other- wise made good, in such manner as they shall see fit ; and the expenses incurred by the Local Board in respect thereof shall be repaid to them by the owners or occupiers of the lands, houses, buildings, and premises adjoining or abutting upon such said causeway, footway, or sideway respectively, according to and to the extent of their respective frontages thereto, and in such pro- • Kingslon-upon-IItUl Improvement Act, 1804. Provisional Order, 1871. 23 portion as may be settled by the surveyor of the board for the time being, with interest thereon respectively after the rate of 5^ per cent, per annum, in the manner and under the provisions herein-after mentioned . 7. For the purposes of the provisions hereiii contained, all the expenses incurred or to be incurred by the Local Board under the same respectively shall be deemed to be so respectively incurred, and shall be due and payable to the said Local Board, so soon as the said Local Board by resolution shall determine to proceed with the several works referred to in such several provisions respectively, or in any or either of them, as the case may be, and shall give such notice as aforesaid, and such expenses, and interest thereon after the rate of 5/. per cent, per annum from the date of such notice, shall be immediately thereupon recoverable by the Local Board, their successors or assigns, as liquidated damages, from the said owners or occupiers in a summary manner, before any justice of the peace of and for the borough of Kingston-upon-Hull, within six years from the date of such notice by the said Local Board, their successors and assigns. 11. The 103rd section of the Improvement Act shall be repealed, and in lieu thereof be it enacted : — Any person who, without the consent of the Local Board, shall build, rebuild, make, clear out, unstop, or in any wise alter any building, messuage, tenement or dwelling house, sewer, drain, privy, cesspool or ashpit respectively, or do any other work therein or thereupon, in contra- vention of any Act administered by the Local Board, or in altera- tion of plans which have been approved of by the said board, or contrary to the orders of the said board made under any of the powers vested in them by law, shall for every such oSence forfeit a sum not exceeding 5/., and for every day after the first during which the offence continues a sum not exceeding lO.s. And the Local Board may further in such case at once alter and amend any such work, tenement, or other work, as they think fit, and the expense attending any such amendment or alteration shall be recoverable as liquidated damages in the mode and manner herein- before pro^^ded, 24 Provisional Order, 1871. BOROUGH OF KINGSTON- CTPON-HULL. PROVISIONAL ORDER, Dated 19th May, 1871. Confirmed hy the Local Government Supplemeyit Act, 1872, 35 and 36 Vict., Ch. XLV. Royal Assent, 27th June, 1872. 6. The said Local Board shall not, in pursuance of the •powers conferred upon them by this Order, construct any work on any part of the shore or bed of the sea where and so far up the same as the tide flows and reflows without the previous consent of the Board of Trade, to be signified in writing under the hand of one of the Secretaries or Assistant Secretaries of the Board of Trade, and then only according to such plan and under such restrictions and regulations as the said Board of Trade approve of, such approval being signified as last aforesaid ; and where any such work shall have been constructed with such consent as aforesaid, the said Local Board shall not at any time alter or extend the same \vithout obtaining pre\'iously to making any such alteration or extension the like consent or approval, and if any such work shall be commenced or completed without such consent or approval the said Board of Trade may abate and remove the same, and restore the site thereof to its former condition, at the cost of the said Local Board, and the amount of such costs shall be a debt due to the Crown, and recoverable against the said Local Board accordingly. 9. The municipal corporation may appoint from time to time, and at pleasure suspend or remove, a person to be the superintendent of the said landing place or places, who shall have full power and authority to direct the mooring, unmooring, moving, or removing of any ship, boat, or other vessel lying at or beiiig moored at or near any such landing place or places, and also to appoint and direct the times and manner of any such ship, boat, or other vessel coming to, lying at, or being moored as aforesaid, and also to appoint the berth for any such ship, boat, or other vessel to land or deliver, or to land or take in passengers' luggage or cargo. • The powers conferred by the repealed Articles relate to the Ferry Boat Dock and Landing Place. Provisional Obdeb, 1871. 26 10. No master or other person ha\'ing charge or direction of any such ship, boat, or other vessel shall disobey the orders and directions of the said superintendent as to any matter within the scope of his authority hereby given. 11. No master or other person having charge or direction of any ship, boat, or other vessel shall (except with the sanction of such superintendent) permit or suffer such ship, boat, or other vessel to lie across or in any way obstruct the free and convenient use of any such landing-place. 12. No person shall throw, cast, or place any ballast, earth, dust, ashes, stones, or any other article or thing whatsoever upon any such landing-place which may create annoyance to any person using the same, or which may prevent the free and convenient public use of the same. 13. Any person guilty of any of the offences aforesaid shall for each and every offence forfeit and pay any sum not exceeding five pounds. 14. All penalties under these provisions shall be recover- able in accordance with the provisions of the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, with respect to the administration of justice, and shall be applied in the same manner as penalties im- posed under the Kingston-upon-Hull Improvement Act, 1854. 15. Nothing contained in this Order or in the Act confirm- ing the same shall authorise the said Local Board to take, use, or in any manner interfere with any portion of the shore or bed of the sea, or of any river, channel, creek, bay, or estuary, or any right in respect thereof, belonging to the Queen's most Excellent Majesty in right of her Crown, and under the management of the Board of Trade, without the previous consent in writing of the Board of Trade on behalf of Her Majesty (which consent the Board of Trade may give) ; neither shall anything in the said Order or Act contained extend to take away, prejudice, diminish, or alter any of the estates, rights, privileges, powers, or authorities vested in or enjoyed or exerciseable by the Queen's Majesty, her heirs or successors. Qfi Provipiowal ORnRR. 1877. BOROUGH OF KINGSTON-UPGN-HULL. PROVISIONAL ORDER, Dated 29111 May. 1877. Confirmed by the Local Government Board's Provisional Orders Confirmation (Belper Union, &c.) Act, 1877. 40 ,(■ 41 Vict., Ch. C XXX II. Royal Assent. aSrd July, 1877. III. Section 98 of the Local Act shall be altered so as to provide that in every case where the average height of the houses in any court, alley, square, or inclosure for houses to be hereafter built or constructed on vacant ground (not being the site of any court or square thereto/ore formed or built immediately previously to such construction) exceeds twenty feet, such court, alley, square, or inclosure shall have an open area or be of a width, measuring from front to front, of not less than the average height of such houses, unless such height is more than thirty feet, in which case the xcidth of the open area shall be at least thirty feet, and that every court, alley, square, and inclosure referred to therein shall be properly drained and paved prior to the houses fronting thereto being occupied as dwelling-houses, and that no such court, alley, square, or inclosure shall at any time be used as a carriageway, except with the consent in writing of the said Urban Sanitary .\uthority first had and obtained. [Note. — The words in italics are repealed by the Provisional Order of 1893, Art. II., page 13)^.] Peovisional Order, 1880. 27 BOEOUGH OF KINGSTON-UPON-HULL. PEOVISIONAL OEDEE, Dated 27th May, 1880. Confirmed by the Local Government Board's Provisional Orders Confirmation {Kingston-tipon-Ridl, &c.) Act, 1880. 43 & 44 Vic, Ch. LXXXIV. Eoyal Assent, 2nd August, 1880. Art. II. The Corporation may repair, alter, improve, or re- construct, wholly or in part, the Victoria Pier, and the gangway or approaches thereto, so as to provide a covered way from Nelson Street to the Victoria Pier, with a flat roof available as a promenade, to be approached by flights of steps from Nelson Street, and may provide and maintain railings, shelters, seats, steps, and all other things appropriate for the use or enjoyment of the Victoria Pier and the approaches thereto. The Corporation may also reconstruct on the same site the whole or part of the existing jetty opposite the Victoria Hotel at the east end of the dock, so however that no part of the new jetty shall extend beyond the site of such existing jetty. Art. III. The Corporation may, by filling in a portion of the area of the Ferry Boat Dock, and facing the filled-in portion with a wall or otherwise, in a line parallel or nearly parallel to the Victoria Pier, increase the width of Nelson Street, but so as to leave a water space at high water of not less than eighty feet between the Victoria Pier and the newly formed portion of Nelson Street, which said newly formed portion of Nelson Street shall be paved, lighted, and maintained as one of the streets of the Borough. Art. IV. The ' Corporation may make and maintain a new sewer under Nelson Street, Queen Street, and Humber Street, com- mencing at a point in Nelson Street opposite the outfall of the present sewer, and terminating on the south side of the Graving Dock Yard of the Corporation ; and may by means of such sewer divert, convey, and discharge, at a place near the gates of the said graving dock, the sewage and other matters which now pass or might pass into the Ferry Boat Dock ; and may make and main- tain in connection with such sewer all proper culverts, penstocks, tidal gates, and other works. So soon as such sewer is open, the Corporation may close the existing sewer by which sewage now 28 PnnnsioNAL Order, 1^80. passes into the Fern- Boat Dock, and may cut off any drains communicatinpf therewith : and may provide drains communicating with the new sewer for the drainage of premises which now drain into the existing sewer. Art. V. For the purpose of Hushing and cleansing the Ferry Boat Dock as may be from time to time required, the Corporation may fix shiices in the proposed new front of Nelson Street, and may charge the cost of obtaining water for flushing and cleansing the same to the general district rate of the Borough. Art. VI. Articles 6 and 15 of the Order of 1871 shall apply to all works below high-water mark, authorised by this Order. Art. VII. The Corporation may, on any number of days in each year not exceeding fifty-two, exclude the public from free admission to the roof of the proposed covered way from Nelson Street to the Victoria Pier, and may for every person admitted on any such day charge a sum not exceeding twopence. Notice shall be given by the Corporation of all such days by advertisement in at least two local newspapers circulating in the Borough ; and any person who on any such day obtains admission without payment may be summarily removed by any constable. Art. VIII. For the purposes of this Order the Corporation may, with the sanction of the Local Government Board, borrow such sums as they may require, not exceeding in the aggregate twenty thousand pounds, and may charge the property of the Corporation and the borough fund, and all or any of the rates leviable by the Corporation, with repayment of the sums borrowed and interest thereon. Art. IX. In order to secure such repayment the Corporation may issue debentures, subject to such conditions and regulations, not inconsistent with this Order, as the Corporation may, with the sanction of the Local Government Board, determine. Art. X. All moneys borrowed under this Order shall be re- paid within such period, not exceeding sixty years from the date at which they were respectively borrowed, as the Corporation, with the sanction of the Local Government Board, may in each case determine, by the creation and application of a sinking fund in manner following ; that is to say, — Pbovisional Order, 1880. 29 (1.) Such equal yearly or half yearly sums shall be paid by the Corporation into the sinking fund as, being accumulated at compound interest at a rate not exceeding four pounds per centum per annum, would be sufficient to pay off the moneys borrowed within such period, not exceeding sixty years h-om the date of borrowing the same, as the Corporation, with the sanction of the Local Government Board, may in each case determine ; (2.) The first of such payments shall be made within twelve months from the date of the first loan contracted by the Corporation under this Order ; (3.) All sums paid into the sinking fund shall, as soon as may be, be invested by the Corporation in securities in which trustees are for the time being authorised to invest, or in the mortgages, bonds, debentures, debenture stock, or other securities duly created and issued by any local authority as defined by the Local Loans Act, 1875, other than the Corporation, and any such investments may be from time to time varied or transposed ; and all dividends and other sums received in respect of such investments shall, as soon as may be after they are received, be paid into the sinking fund and invested by the Corporation in like manner ; (4.) The Corporation may at any time apply the whole or any part of any sinking fund created under this Order in or towards the discharge of the moneys or any part of the moneys for the discharge of which the fund was created ; (5.) Whenever any of such principal moneys have been so paid oflf, the Corporation shall thenceforward, until the whole of such principal moneys have been paid off, pay into the sinking fund every year, in addition to the other sums herein- before required to be paid into the fund, a sum equivalent to the interest which would have been produced by the sinking fund or part of the sinking fund so appHed ; (6.) Whenever and so long as the yearly income arising from the sinking fund shall be equal to the annual interest of the principal moneys then due and outstanding, the Corporation may, in lieu of investing the said yearly income, apply the same in payment of such interest and may during such 30 Pbovisional Ordeb, 1880. periods discontinue the pajinent to the sinking fund of the yearlj' sums herein-before required to be paid thereto. [Note. — This article is amended by the Provisional Order vf 1883, Art. III. page 99, so as to provid-e as follows : — The Corporation may from time to time apply or invest temporarily in the purchase for redemption, within the meaning of Section 38 of the Act of 1881, of Corporation Stock issued or to be issued under that Act, the whole or any part of any Sinking Fund which they have set apart or may from time to time set apart, in pursuance of the provisions of Article I. of the Order of 1879, and of Section 13 of the Local Loans Act, 1875, and the whole or any part of any sinking fund created under Article X. of the Order of 1880. (2.) Where the Corporation in pursuance of the provisions of this Article apply or invest temporarily the whole or any part of any sinking fund in the purchase for re- demption of Corporation Stock, the amount so applied or invested shall be deemed to be a debt due to such sinking fund from the Hull Corporation Loans Fund established under Section 32 of the Act of 1881. In respect of the said debt, interest shall be payable at the rate of four pounds per centum per annum from the date of the cancellation of the Corporation Stock so purchased for redemption until repayment of the same ; and the amount of such debt, together with the interest thereon until repayment thereof at the rate aforesaid, shall be paid, as soon as may be olit of the Hull Cor- poration Loans Fund, to the credit of the said sinking fund, for the purpose of being applied in discharge of the borrowed moneys in respect of which such sinking fund has been created.] Art. XI. The Corporation may at any time, by the issue of fresh debentures, subject to the provisions of Art. IX. of this Order, re-borrow any moneys borrowed under this Order. Provided that any moneys so re-borrowed shall be repaid within the period within which the moneys in lieu of which they were borrowed would have been required under this Order to be repaid, but no such re- borrowing shall affect the obligations of the Corporation with Provisional Order, 1880. 31 respect to any sinking fund required to be created under Art. X of this Order. Art. XII. All sums payable in respect of principal or interest of moneys borrowed by the Corporation under this Order shall be payable in the first instance out of the district fund and general district rate, and all other expenses incurred by the Corporation in the execution of this Order shall be defrayed as if they were expenses incurred by them in the execution of the Public Health Act, 1875. Art. XIII. The Town Clerk shall, within twenty-one days after the expiration of each year during which any sum is required by this Order to be set apart for a sinking fiuid in respect of moneys borrowed by the Corporation under this Order, transmit to the Local Government Board a return, in such form as may be prescribed by that Board, and verified by statutory declaration, if so required by them, showing the amount which has been invested or applied for the purpose of such sinking fund during the year next preceding the making of such return, and the description of the securities on 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 interest, has been applied during the same period, and the total amount (if any) remaining invested at the end of the year. Art. XIV. If it appears to the Local Government Board by that return or otherwise, that the Corporation have failed to set apart any sum required for any sinking fund, or have apphed any portion of the money so set apart, or of the sums accumulated by way of interest, to any purposes other than those authorised, they may by Order direct that a sum not exceeding double the amount in respect of which default has been made shall be set apart and invested or applied as part of the sinking fund ; and any such Order shall be enforceable by writ of Mandamus, to be obtained by the Local Government Board out of Her Majesty's High Court of Justice. Art. XV. All mortgages or debentures granted by the Corporation before the commencement of this Order shall, during their continuance, have priority of charge on the security therein comprised over all debentures issued in exercise of the borrowing powers conferred by this Order. 32 Pbovisional Obdeb, 1880. Art. XVI. A person advancing any money to the Corporation, and receiving in consideration of such advance any security under this Order, shall not be bound to inquire into the application of the money advanced, or be in any way responsible for the non- application or misapplication thereof. Art. XVII. A trustee, executor, or other person empowered to invest money in the debentures or debenture stock of any railway or other company may, unless forbidden by the will or instrument under which he acts, whether prior to the commencement of this Order or not, invest the same in debentures issued under this Order : Provided that nothing in this Order shall authorise a trustee to invest in any debenture transferable by delivery. Art. XVIII. Section 11 of the Local Loans Act, 1875 (Remedy by Mandamus for non-payment of money), and Section 12 of the same Act (Remedy by appointment of receiver for non- papnent of money), shall apply to the Corporation and to debentures issued and the recoverj' of moneys raised by them under this Order, as if those sections were herein with any necessary modilications enacted. Art. XIX. Nothing contained in this Order shall authorise any interference with or in any way affect the rights, powers, or authorities of the guild or brotherhood of masters and pilots, seamen of the Trinity House in Kingston-upon-Hull, or of the haven master appointed by them. The Hull Corpoeation Loans Act, 1881. 33 THE HULL COEPORATION LOANS ACT, 1881. 44 AND 45 Vict., Ch. XCIY. Royal Assent 27th June, 1881. 1. This Act may be cited as the Hull Corporation Loans short title. Act 1881. 2. In this Act unless the context otherwise requires — imerpreta- mi 1 1 > 1 ••11 ""^ '^^ terms. " The borough means the municipal borough of Kingston- upon-Hull ; " The Council " means the Council of the borough ; "The borough fund" and "the borough rate" mean respectively the borough fund and the borough rate of the borough ; " The Municipal Corporation Acts " means the Municipal Corporation Act 1835 and all xActs for the time being in force amending the same or otherwise relating to municipal c. re! ' ' ' corporations in England ; " Person " includes a corporation ; " Eate " includes water rents and charges for the supply of water and gas or other means of lighting by the Corporation. 3- This Act shall be carried into execution by the Corpora- Act to be tion acting by the Council. '^^^^^^^ ^^ 4. Subject to the provisions of this Act the Corporation corporation may from time to time by resolution determine to create capital ™ock-^'^'^*^ stock to be called " Hull Corporation Stock " (in this Act referred to as " Corporation stock ") and to be issued in such amounts and manner as they may think fit and as shall be specified in such resolution and at such prices and times and on such terms and subject to such conditions (not being inconsistent with the provi- sions of this Act) as they may think fit for all or any of the purposes following (that is to say) : For raising any sum (to be specified in such resolution) on account of any moneys which they have authority to raise by borrowing under any of the borough Acts * and which they have not then raised ; or For raising instead of re-borrowing any sum (to be specified in such resolution) required by them for the purpose of paying oflf when due any portion of their debt then subsisting on * See Schedule I, p. 55. 34 The Hull Corporation Loans Act, 1881. the security of outstanding securities granted by them under any of the borough Acts and which they are authorised to re-borrow or for repaying any moneys temporarily borrowed by them in order to enable them to pay off any portion of such debt ; or For the conversion into Corporation stock by agreement but not otherwise of any portion (to be specified in such resolu- tion) of their debt then subsisting on the security of out- standing securities granted by them under any of the borough Acts : Provided that nothing in this Act shall be construed to abridge or interfere with the powers of the Corporation for raising in manner provided by any of the borough Acts any sums which they are by any such Act authorised to borrow and which they do not think it expedient to raise by means of Corporation stock. [Note. — This section is amended by the Provisional Orders oj 1890 and lS9o, pages 128, 135, which authorise loans by tJie Cor- poration to tlie Scliool Board, the Guardians of tJie Poor of the Kingston-upon-Hnli Incorporation, and tlie Hull and Goole Port Sanitary Autlwrity. Article 4 of the Order of 1890 also provides as follows: Art. IV. Section 4 of the Local Act shall be deemed to have been altered as from the passing of the Local Act by the insertion of the following provisions; viz., — '• For raising " (1.) Any sum required for the payment off or redemption of " any Corporation Stock, mortgage, bond, debenture, " debenture stock, annuity, rentcharge, or other " security granted or created, or redeemable, or payable " by them, which sum may include the amount of any " payment made to the holder of any such security for " his consent, or for compensating him for such payment " off or redemption, or for the substitution of Corporation " Stock for his secuity ; " (2.) Any sum payable under Article V. of this Order; and " (3.) Any sums properly chargeable to capital and paid as '• commissions, discounts, or expenses in respect of any " Corporation Stock."] The Hull Corporation Loans Act, 1881. 35 5. Where any CoriDoration stock has been created under this Act for the purpose of raising moneys or paying off or converting any security for moneys borrowed for any of the purposes of any of the borough Acts or for repaying any moneys temporarily borrowed for any such purposes such Corporation stock shall be deemed to have been created for the said purposes of such Act and any moneys raised thereby shall be deemed to have been raised for such purposes and shall subject to the provisions of this Act be applied accordingly. 6. After any moneys have been raised by the Corporation by the issue of Corporation stock or after the conversion of any securities into Corporation stock the Corporation shall not issue any mortgages or other securities for the amounts so raised or con- verted and shall not again borrow the same and to the extent of such amount as aforesaid the powers of the Corporation to borrow and re-borrow moneys shall be extinguished. 7. AH Corporation stock and the interest thereon and the sums required for the redemption thereof shall be charged indiffer- ently on the whole revenues of the lands waterworks and other property belonging to the Corporation under the borough Acts or otherwise howsoever and on the funds accounts revenues and rates formed received and leviable by the Corporation under the borough Acts and on the borough fund and borough rate subject to all charges existing at the passing of this Act on such lands water- works funds accounts revenues and rates respectively and shall be a first charge on the said revenues funds accounts and rates after those charges. 8. No holder of any portion of Corporation stock shall have any priority or preference by reason of the prior creation of such stock or otherwise. 9. (1) The Corporation may enter into an arrangement with the holder of any security granted by them under any of the borough Acts for the conversion thereof into such amount of Corporation stock as may be agreed on ; (2) Any person who holds any such security and who is one of the persons enabled by the Lands Clauses Consolidation Act 1845 to sell land under that Act may consent to any arrangement under this Act for the conversion of such security into Corporation stock or to the payment of the moneys secured thereby before the Ueslriction on exercise of horrowinK [)Owers .ifter issue of Cririinratinii stnclc. 8 i 9 Vict. c. 18. 36 The Hull Corporation Loans Act, 1881. Trustees mBy invest in Corporation Mocic. 38 & 39 Virt. r. 83. Nature anil incident* of Corporation •tiK'k. time limited for the payment thereof as if such person were the absolute owner in his own right of such security, and such person is hereby indemnified for so doing ; (3) All Corporation stock and moneys issued or paid in sub- stitution for or on account of any such security or the moneys secured thereby shall be subject and liable to the same trusts powers provisions declarations agreements charges liens and in- cumbrances as immediately before the conversion or payment thereof affected such security or the moneys secured thereby and 80 as to give effect to and not to annul any testamentary or other disposition of or affecting the same and every such disposition shall take effect with reference to a proportionate amount of the substituted stock and moneys. [Note. — This section is amended by the Provisional Order of 1890, Art. v., page 129, wliich provides Art. V. Section 9 of the Local Act shall be deemed to have authorised as from the passing of the Local Act, and to authorise the Corporation to enter into an arrange- ment with the holder of any security legally granted, or redeemable, or payable by them for the redemption thereof by payment of such an amount in money or Corporation Stock, or partly in one and partly in the other, as may be mutually agreed upon.] 10. Subject to the provisions of this Act as to stock certificates to bearer and as to coupons trustees or other persons for the time being having power to invest any moneys in nominal debentures or nominal debenture stock issued under the Local Loans Act 1875 shall have power to invest such moneys in Corporation stock issued under this Act. 11. (1) Corporation stock shall be personal estate ; (2) Corporation stock shall not be redeemable except by agreement between the Corporation and the holder of any portion of such stock. [This section is amended by the Provisional Order of 1888, Art. I., page 123, which provides Art. L Section 11 of the Act of 1881 shall be altered so as to provide that, notwithstanding sub-section (2.) of that section, any resolution for the creation of Corporation Stock passed after the commencement of The Hull Cokpokation Loans Act, 1881. 37 this Order may provide that such stock shall be redeem- able by the Corporation at par, that is to say, at the rate of one hundred pounds sterling for every nominal amount of one hundred pounds stock issued, at or after such time and in such manner as the Corporation by that resolution declare. Such stock shall be designated by the Corporation as Hull Corporation Redeemable Stock. Any certificate of stock granted in respect of Corporation Redeemable Stock created after the commencement of this Order shall have endorsed upon it the conditions upon which such stock is redeemable.] 12- (1) The Corporation shall cause to be kept a register in Register of which shall be entered the names and addresses of the persons stock. from time to time entitled to Corporation stock and the amounts to which they are respectively entitled and the transfers fi'om time to time made of such stock ; (2) No notice of any trust express implied or constructive shall be entered on the register or be receivable by or affect the registrar ; (3) The register kept in pursuance of this Act shall be prima facie evidence of all matters entered therein and as regards persons entered therein as holders of stock of the title of those persons to that stock ; (4) The Corporation may from time to time appoint such person or bank as they may think fit to be the registrar for the purposes of this Act and may from time to time rescind any such appointment and the person or bank so appointed shall have all the powers and duties of the registrar under this Act subject to any directions which may from time to time be given by the Corporation. 13. (1) Corporation stock shall bear such fixed and per- interest on petual interest as the Corporation by the resolution creating the stock. ' same may determine ; (2) The interest shall be payable half-yearly on the first day of January and the first day of July or on such other days as the Corporation may from time to time determine ; (3) If a day fixed for the half-yearly payment of interest falls on a Saturday or Sunday or a day observed as a pubhc holiday at the Bank of England the interest shall in that case be payable on the first of the following days which is not one of the days excepted as aforesaid. 38 The Hull Cori-okation Loanb Act, 1881. Receipt of iniercsi hy czecutur< . ccipt* for i!erc«t of int lloldcr^. Illlciol warrant-- lo p<*f. 3'J tL 40 Vi.i. . . 81. I raoilc-i of ' rpiiriitioii /iitor fur iinfer-. 14- The Corporation shall not be required to allow any executors or aduunistrators to receive any interest on Corporation stock held by their testator or intestate until the probate of the will or the letters of administration has or have been left with the registrar for registration. 15. If two or more persons are registered as joint holders of any stock any one of such persons may give eflfectual receipts for any interest on such stock unless notice to the contrary shall have been given to the registrar by any other holder. 16. (1) The registrar may from time to time make arrangements for payment of interest on Corporation stock by sending warrants through the post and every warrant so sent shall be deemed a cheque within the meaning assigned to that term in the Crossed Cheques Act 1876 ; (2) Where a holder of Corporation stock desires to have his interest warrants sent to him by post he shall luake a request for that purpose to the registrar in writing signed by him in a form approved by the registrar and shall give to the registrar an address in the United Kingdom or in the Channel Islands or the Isle of Man to which the letters containing the warrants are from time to time to be sent ; (3) The posting by the registrar of a letter containing an interest warrant addressed to the holder of Corporation stock on his request under this Act at the address given by him to the registrar shall as respects the liability of the Corporation and registrar be equivalent to the delivery of the warrant to the said holder of Corporation stock himself. 17. (1) Transfers of Corporation stock shall be made only in the register and shall be signed by the transferor or by his attorney thereunto lawfully authorised by writing under his hand attested by at least one witness ; (2) The transferee may if he thinks fit underwrite his accept- ance of the transfer ; (3) The instrument of transfer may be in the form in the second schedule to this Act. 18. (1) The register may be closed for transfers during such time (not exceeding fifteen days) inunediately preceding each half- yearly payment of interest on the Corporation stock as may be The Hull Corporation Loans Act, 1881. 39 directed by the Corporation on their giving not less than seven days' notice of such closing in one or more local newspapers circulating generally in the borough ; (2) The persons who on the day of such closing are inscribed in the register as holders of stock shall as between them and their transferees of any stock be entitled to the interest then next pay- able on such stock. 19. (1) The executors or administrators of a deceased Transmission ^ ■^ . ^ of Corpora- holder of Corporation stock shall be the only persons recognised as tion stock. having any title to the stock of such holder or to any interest thereon ; (2) Any person becoming entitled to any stock in consequence of the death bankruptcy or insolvency of any holder of Corporation stock or in consequence of the marriage of any female holder of Corporation stock or otherwise than by transfer of the stock shall produce such evidence of his title as may reasonably be required by the registrar and the person so becoming entitled to any stock may transfer such stock to another person without being registered himself ; (3) The Corporation shall not be required to allow any executors or administrators to transfer any Corporation stock until the probate of the will or the letters of administration to the deceased has or have been left with the registrar for registration, 20. (1) The registrar shall issue to the holder of any stock Corporation stock on his application and on payment oi the fees chargeable in pursuance of this Act a stock receipt specifying the name and address of such holder and the amount of stock to which he is entitled and such stock receipt shall be prima facie evidence of the title of the holder at the date of the stock receipt to the amount of stock stated therein but the want of such stock receipt shall not prevent the owner of any Corporation stock from trans- ferring the same ; (2) If any such stock receipt be worn out or damaged then the same may on production thereof be cancelled and another similar stock receipt may be given to the holder of the stock specified in the stock receipt so worn out or damaged or if such stock receipt be lost or destroyed then on proof thereof to the satisfaction of the registrar a similar stock receipt may be given 40 The Hull CoiaoitAiioN Loans Act, 1881. to the holder of the stock specified in the stock receipt so lost or destroyed and in either case a duo entry of the substituted stock receipt shall be made in the register. ■'*'«^'-^ 21. (1) Subject to the provisions of this Act with respect to certificate* to \ / j i r b«»rer. trustees and to the conditions hereinafter mentioned the registrar if so authorised by the Corporation may on the application of any holder of Corporation stock and payment of the fees chargeable in pursuance of this Act issue to such holder a certificate (in this Act called a '' stock certificate to bearer ") which shall entitle the bearer to the stock therein specified and shall be transferable by dehvery ; (2) A stock certificate to bearer shall not be granted in respect of any sum of Corporation stock not being twenty-five pounds fifty pounds one hundred pounds two hundred pounds five hundred pounds or one thousand pounds ; (3) Any stock in respect of which a stock certificate to bearer has been so issued shall not so long as such certificate is outstand- ing be transferable in the register ; (4) Every stock certificate to bearer of Corporation stock in respect of the transfers whereof a composition has not been paid "^^^•\'''^«- under the provisions of Part 5 of the Inland Kevenue Act 1880 shall be charged with a stamp duty of seven shillings and sixpence for every full sum of one hundred pounds and the like for every fraction of one hundred pounds of the nominal amount of the stock described in such certificate. so. <:.,a\>oD-. 22. (1) There shall be attached to every stock certificate i'tol^k cCTiiti- to bearer coupons entitling the bearer of the coupons to the interest tn-aTfr. o" the stock described in such stock certificate for a limited period ; (2) On the expiration of the period for which the coupons attached to a stock certificate to bearer have been issued the registrar may issue fresh coupons for a further limited period in respect of such certificate or may exchange the certificate for another certificate with coupons for a further limited period and so for successive periods : (3) Coupons shall be payable on presentation at the oflice of the registrar or at any bank in that behalf mentioned in the coupon within three clear days from the day of presentation ; (4) The payment to the bearer of any coupon of the amount The Hull Cokporation Lo^vks Act, 1881. 41 expressed therein shall be a full discharge to the registrar and the Corporation from all liability in respect of that coupon and the interest represented thereby. 23. On delivery to the registrar of a stock certificate to Registration bearer issued under this Act and of all unpaid coupons belonging stock certiti- thereto and on payment of the fees chargeable in pursuance of this bearer. Act the registrar shall enter the bearer in the register as holder of the stock described in the certificate and thereupon that stock shall become transferable in the register and the interest thereon shall thenceforth be payable as if no stock certificate to bearer had been issued in respect thereof. 24. A trustee shall lot apply for or hold a stock certificate Trustees not to bearer unless authorised so to do by the terms of his trust and certificates to any contravention of this provision shall be deemed a breach of trust but this provision shall not impose on the registrar an obligation to enquire whether a person applying for or holding a stock certificate to bearer or coupon is or is not a trustee or subject the registrar or the Corporation to any liability in the event of his issuing to a trustee a stock certificate to bearer or coupon or dealing with a trustee as the holder of a stock certificate to bearer or coupon or invalidate any stock certificate to bearer or coupon issued to a trustee. Loss or destruction of stoek certifi- cate to bearer or coupon. General provision as to stock described in stock certifi- cate to bearer. 25. If any stock certificate to bearer or coupon issued under this Act is lost or destroyed the registrar may on receiving indemnity to his satisfaction issue a fresh stock certificate to bearer or coupon. 26- Save in so far as relates to the mode of transfer and payment of interest thereon any Corporation stock described in a stock certificate to bearer issued under this Act shall be a charge on the same securities and shall be subject to the same powers of redemption and (save in so far as such stock certificate is a negoti- able security) to the same incidents in all respects as if such stock had continued registered in the register as stock transferable therein. 27- There shall be charged with respect to the several pro- Fees in T-i- • 1 1 -n J. respect of ceedmgs m relation to stock receipts and stock certificates to stock r«ceipf« And stocic bearer the fees specified in the third schedule to this Act annexed certificates to or such other reasonable fees as may be from time to time deter- mined by the Corporation : Provided that where the registrar in 42 The Hull Cokporation Loans Act, 1881. lieu of issuing fresh coupons in respect of a stock certificate to bearer gives in exchange a fresh stock certificate to bearer with coupons annexed no fee shall be charged in respect of such fresh stock certificate to bearer or coupons : All fees paj'able in pursuance of this section shall be payable to the registrar and shall be carried to the account of the Corpora- tion Loans Fund. Arrange- 28- The Corporation may from time to time enter into uilk* such arrangem'euts with the Bank of England or with any other bank as they think proper for carrying into effect the provisions of this Act with reference to the issue and transfer of Corporation stock and the management thereof and the keeping of the register and any other matters and for the proper remuneration of the bank with reference thereto : ' In the event of the Bank of England becoming the registrar under this Act then so long as the Bank continue to act as registrar the following provisions shall have effect (namely) : — (a) The Bank as registrar may if they see fit require every power authorising an attorney to transfer stock to be under the seal of the person executing the power and attested by two or more credible witnesses ; 42 A 43 vici (b) The Bankers' Books Evidence Act 1879 shall apply to the register and to all other books accounts and documents kept by the registrar in pursuance of this Act ; (c) The Bank as registrar before paying interest on any Corporation stock may if the circumstances of the case •appear to make it expedient require evidence by a statutory declaration made under the Act G & G Will. 4 c. 62 or otherwse of the title of any person claiming a right to receive the interest ; (d) Where Corporation stock is standing in the name of an infant or person of unsound mind jointly with any person not || under legal disability a letter of attorney for the receipt of the interest on the stock shall be suflicient authority in that behalf if given under tho hand and seal of the person not under disability attested by two or more credible witnesses The Bank as registrar before acting on the letter of attorney may require proof to their satisfaction of the alleged infancy The Hull Corporation Loans Act, 1881. 43 Corporation maj' make repulationa as to Corpora- tion stock. or unsoundness of mind by statutory declaration made under the Act 5 & 6 Will. 4 c. 62 or otherwise ; (e) Where the executors of the will of a deceased holder of stock purpose to transfer his stock or part thereof the Bank as registrar may if they see fit require all the executors who have proved the will to join in the transfer. 29. (1) The Corporation may from time to time make alter and rescind ^\^th respect to the transfer of Corporation stock the issue of stock certificates to bearer and coupons and otherwise in relation to such stock reasonable regulations not inconsistent with the provisions of this Act ; (2) A printed copy of aU such regulations shall be entered in the register and any such regulations for the time being in force shall be duly observed. 30. The expenses from time to time incurred by the Expenses of Corporation in the execution of the provisions of this Act and any Act^" payment of composition for stamp duty in respect of Corporation stock created and issued for any of the purposes of any of the borough Acts and otherwise in relation to such stock shall be deemed to be expenses incurred by the Corporation in the execution of the said Acts respectively and shall be defrayed out of the funds accounts revenues and rates applicable under the said Acts respectively to the redemption of Corporation stock or in the case of any such composition for stamp duty out of moneys borrowed on the security of such funds accounts revenues and rates respectively and the Corporation are hereby authorised to borrow such moneys as they may from time to time require for the purpose of such composition and any moneys so borrowed shall be deemed to be borrowed under the borough Acts. 31. The Corporation shaU cause to be kept proper accounts showing the several purposes of the borough Acts for which from time to time Corporation stock has been created and distinguishing the amounts of Coi-poration stock created for such purposes respectively and such accounts shall be h'om time to time audited in like manner as other accounts of the Corporation are from time to time audited. 32. For the purpose of paying the interest on and redeem- ing Corporation stock created under this Act there shall be Accounts to be kept by Corporation. Corporation loans fund. 44 The Hull Cokpobation Loans Act, 1881. established a fund to be called " the Hull Corporation Loans Fund " (in this Act referred to as "the Corporation Loans Fund") which shall be formed in manner following (that is to say) :— (1) The Con)oration shall carry to the Corporation Loans Fund any moneys which may arise from the issue of any Corpora- tion stock at a premium ; (2) The Corporation shall also carry to the said fund any sums standing to the credit of any sinking fund applicable to the discharge of any securities converted into Corporation stock under this Act ; (3) The Corporation shall also carry to the said fund all moneys in the nature of capital arising from the sale of lands and property acquired by the Corporation under any of the borough Acts but not required for the purposes of such Act remaining to the credit of the Corporation after pro- viding for all charges on such moneys existing at the time of the passing of this Act and to which the same are for the time being applicable exclusive of any portion of such moneys which the Corporation may be authorised or required from time to time to reinvest or to apply to the purposes of any of the borough Acts as aforesaid ; (4) The Corporation shall also in every year carry to the said fund : — (a) Such sum as shall be equal to the amount of all the interest payable as by this Act provided on Corporation stock for that year : and (b) Such sum as shall be equal to the amount of all the moneys payable as by this Act provided towards the redemption of Corporation stock for that year. 33- The Corporation shall provide the sums directed by 'EiS?' this Act to be carried in every year to the Corporation Loans Fund ^"r"^ .ilr t.. for payment of interest and towards redemption of stock respectively rI,7,i,r^a™o.. ^y means of contributions from and out of the several funds accounts revenues and rates from and out of which such contribu- tions are respectively payable under this Act : Provided that where in any case any such fund account revenue or rate is by reason of any deficiency in such fund account or revenue or of any limit to such rate wholly or partiaUy insuflicient to yield the amount required fViiitributiotl* V The Hull Corporation Loans Act, 1881. 46 for any contribution the Corporation shall provide the amount required to make up such insufficiency from the borough fund or borough rate : Provided further that no occupier of any lands covered with water or used only as a dock or as a canal or the towing path thereof or as a railway constructed under the powers of any Act of Parliament for public conveyance shall be rated m respect of any such lands to any increase of or addition to the borough rate for the purposes or under the authority of this Act in any greater proportion of the net annual value of such lands than the proportion in which such occupier would have been liable to be rated in respect of such lands to such insufficient rate and that in the event of any such occupier being rated in any greater proportion the Corporation shall repay or allow to such occupier a drawback equal to the amount overpaid by such occupier and the same may be recovered by action at law or may be deducted out of any other rate to which such occupier may be liable. 34. (1) The contributions required from time to time to Fmuisami provide the sums directed by this Act to be carried to the Corpora- which con- tion Loans Fund as aforesaid for payment of the interest on Corporation stock issued for raising moneys or paying off or converting any security for moneys raised for the purposes of any of the borough Acts shall from time to time be payable out of the several funds accounts revenues and rates which by such Act would be charged or chargeable with the payment of the interest on such moneys if the same were secured in manner provided by such Act : (2) The contributions required to provide the sums directed by this Act to be carried to the Corporation Loans Fund towards the redemption of stock shall be paid as follows : — (a) As regards stock issued for the conversion of securities granted under the borough Acts before the passing of this Act from and out of the several funds accounts revenues and rates from and out of which respectively a yearly or other sum would have been payable for the purpose of forming a sinking fund for the repayment of or of repaying by instal- ments or otherwise the moneys secured by the securities so granted if such securities had not been converted : (b) As regards stock issued to secure moneys borrowed under the borough Acts after the passing of this Act from and out tributions to be payable. lutribution*. 4f) The TThll Cobporation Loans Arr. Iftftl. of the several funds uccounts revenues and rates from and out of which respectively a yearly or other sum would have been payable for the purpose of forming a sinking fund for the repayment of or of repaying by instalments or otherwise the moneys so borrowed if such moneys had been secured in manner provided by the borough Acts : (8) Notliing in this section contained shall alter or affect the securities on which Corporation stock is by this Act indifferently charged or the order in which Corporation stock is charged on such securities nor shall anything in this section contained discharge or relieve any of such securities from any liability in respect of such Corporation stock or of the moneys required for the payment of interest thereon and the redemption thereof. Amounts of 35- (1) The amounts of the several contributions to any sum directed by this Act to be carried to the Corporation Loans Fund for payment of interest as aforesaid shall be the several sums from time to time ascertained to be payable in respect thereof by the apportionment of such sum among the several funds accounts revenues and rates respectively out of which such contributions are payable having regard to the amount of Corporation stock in respect of which interest is payable out of such funds accounts revenues and rates respectively : Provided that the amounts of the several contributions required for payment of interest as aforesaid in any year shall be reduced by the amount of income resulting from investment of the Corporation Loans Fund which is applied in that year in payment of such interest and all interest resulting from such investment and not otherwise specifically applicable may be applied accordingly : (2) The amounts of the several contributions to any sum directed by this Act to be carried to the Corporation Loans Fund for redetnption of stock as aforesaid shall be such amounts as with accumulations at the rate of three pounds ten shillings per centum per annum will be sufficient to redeem at par the stock towards the redemption of which such contributions are respectively made pay- able by this Act in the case of the loans of the Corporation already authorised by any existing Act or provisional order or order of any Government Department within sixty years from the time contributiouB. The Hull Cobporation Loans Act, 1881. 47 when the moneys represented by such stock were first respectively borrowed in the case of any loan to be hereafter authorised within such period as may be prescribed for paying off such loan by the Act or provisional order or order of any Government Department authorising such loan : But if any part of the Corporation Loans Fund is applied in redemption of stock before the expiration of the period aforesaid then a sum equivalent to interest at the rate of three pounds ten shillings on the stock so redeemed shall thence- forth be annually paid into the said fund out of the funds accounts revenues or rates chargeable with payment of the interest on such stock. [Note. — Sections 34 and 35 are altered hy the Provisional Order of 1890, Art. VI. page 129, so as to apply the j^rovisio^is of those sections to stock issued for the purposes vientioned in Articles IF. and V. of that Order.] 36. (1) The Corporation shall from time to time raise the Raising of amount of such contributions as aforesaid respectively out of the funds acccounts and revenues and by means of the rates out of which the same are respectively payable under this Act in every respect as though such contributions respectively were on account of interest on and for the repayment of moneys raised for the same purposes respectively and charged on such funds accounts revenues and rates respectively by securities granted under the authority of the borough Acts respectively ; (2) The Corporation shall for the raising of such contributions respectively perform all such acts and exercise all such powers and when necessary collect the same rents and make and levy the same rates respectively as they would have been required to do for the benefit and security of the holders of such securities as aforesaid ; (3) If in any case any such fund account revenue or rate is wholly or partly insufl&cient to yield the amount required for any contributions to be provided thereout or by means thereof and the amount required to make up such insufficiency is provided as by this Act prescribed out of the borough fund or borough rate the amount so provided shall be deemed to be a debt due from such fund account revenue or rate to the borough fund in respect of which interest shall be payable at the rate of four pounds per centum per annum until repayment of the same and the amount of such debt together with the interest thereon until repayment thereof 48 The HiLi. (^ibporatios Loans Act, If^l. Application of forporation LoADi Kuml. fc PorchaKC nnd ■•anccllntion cfCorjioratiiin stock. |i at the rate aforesaid shall as soon as may be and when the Corpora- tion are of opinion that such fund account revenue or rate will be sufficient for such purpose be raised and levied as part of and together with the then next contribution out of such fund account revenue or rate and when so raised the same shall be carried to the credit of the borough fund. 37- (I) The Corporation shall from time to time apply the Corporation Loans Fund first in payment of the interest on Cor- poration stock and then in purchasing Corporation stock for redemption : (2) The Corporation shall in the meantime invest so much of such fund as shall remain unapplied and uninvested on the thirty- first da)' of December in any year and as shall not have been paid into the fund for the purpose of paying interest on the Corporation stock in any securities in which trustees are for the time being authorised to invest trust funds or in any mortgages bonds deben- tures debenture stock or other securities authorised by Parliament of any municipal Corporation (including the Corporation) or local board and the interest on such investments and the resulting income thereof shall form part of the Corporation Loans Fund and shall be applied and may be invested in the same manner. 38- (1) Where any Corporation stock is created by the Corporation a like amount of Corporation stock shall be purchased by the Corporation for redemption and cancelled in the case of loans under any of the borough Acts within a period of sixty years from the time when the moneys represented by such stock were first borrowed and in the case of any other loans within the period prescribed in that behalf by the Acts or provisional orders authorising the respective loans : Provided that (subject to the discretionary power herein-after conferred on the Local Government Board) the Corporation shall not be bound to purchase any Cor- poration stock for such purpose unless they can do so at or below par but if the whole or any part of such amount of Corporation stock shall not be redeemed and cancelled within such periods respectively then and in such case the interest from time to time payable on the whole or any part of such amount of Corporation stock remaining unredeemed after such period shall so long as any part of such amount remains unredeemed bo paid out of the moneys for the time being forming the Corporation Loans Fund The Hull Cobpoeation Loans Act, 1881. 49 and save in so far as such moneys may be insufficient for such purpose no further moneys shall be carried to the Corporation Loans Fund from the fund account revenue or rate liable to con- tributions for payment of such interest : Provided further that if at any time after the expiration of such respective periods as aforesaid the Local Government Board are of opinion that the Corporation can ^vithout incurring any material loss redeem any Corporation stock remaining unredeemed they may after hearing the Corpora- tion (if desirous of being heard) by order give such directions as they think fit for ensuring the redemption of such stock and any such order shall be enforceable by writ of mandamus to be obtained by the Local Government Board out of the High Court of Justice : (2) All Corporation stock purchased for redemption shall be cancelled and thereupon all interest in respect thereof shall be extinguished : Provided that in the case of Corporation stock comprised in a stock certificate to bearer all outstanding coupons belonging thereto shall previously have been delivered up to be cancelled. 39- The Corporation may from time to time invest all moneys which may be raised by the issue of Corporation stock and which may not for the time being be required for the purposes of this Act in any securities in which trustees are for the time being authorised to invest trust funds or in any mortgages bonds debentures debenture stock or other securities authorised by Parhament of any municipal Corporation (including the Corpora- tion) or Local Board and shall from time to time carry the interest arising therefrom to the Corporation Loans Fund on account of the sums from time to time required to be carried thereto in respect of such Corporation stock. 40. (1) Any person entitled to any Corporation stock may if default be made for a period of two months after demand in writing in the payment of interest on such stock apply to the Chancery Division of the High Court of Justice in a summary manner by motion or petition without the issue of a writ for the appointment of a receiver and the Chancery Division may if it think fit on such application appoint a receiver on such terms and conditions and with such power as it may think fit ; (2) Any receiver so appointed shall have the same power of collecting and receiving and recovering and applying all moneys Application of monoys raisod by Corpora- tion stock anc I not for tlic time bcinL' rcquircil. Appointment of receiver in lertnin cases. 50 The Hull Corporation Loans Act, 1881. Exemption of purchasers of 8(ock from inquiries into applicktion of nionovs i:o. liable to be carried under this Act to the Corporation Loans Fund and of assessing and raising and recovering all rates for the pur- pose of obtaining such moneys as the Corporation or any of their officers may have and shall apply all such moneys after payment of expenses and cests under the direction of the Chancery Division for the purposes of and in conformity with this Act ; (3) The Chancery Division may at any time discharge such receiver and shall have full jurisdiction over such receiver and the applicant and all persons interested in the acts of the receiver in the same manner and to the same extent as if such receiver had been appointed in an action duly instituted therein. 41. A person purchasing any Corporation stock or advancing money to the Corporation on the security of such stock or accepting such stock in lieu of and by way of conversion of any security under this Act shall not be bound to see or inquire whether such stock is created or such advances are required for the purposes of the borough Acts or is or are within the borrowing powers of the Cor- poration or otherwise in accordance with the provisions of this Act or any regulations made thereunder and shall not be prejudiced by the same not being so and shall not be bound to see to or inquire into the application of the moneys or any part of the moneys arising from such stock or of any such security or advances or be in any way responsible for the non-application or misapplication thereof and shall not be bound to inquire whether the council or any meeting thereof when creating such Corporation stock was properly constituted or convened or that the proceedings at any meeting of the council were legal or regular. 42. Where the Corporation sell or lease or otherwise dispose of to any person any land or property the revenues of which are charged under the provisions of this Act as security for any Corporation stock such lands and property shaU in the hands of such person be absolutely freed from every such charge and such person shall not be bound to see to or inquire into the application of the money arising from such sale lease or other disposition or be in any way responsible for the uon-apphcation or misappUcation thereof. ' orpomtion 43- Nothing in this Act shall affect any power or duty of Xinci''"^ the Corporation to sell lease or otherwise dispose of land or any property belonging to them or to apply the moneys arising from Land (li«po»ccnii<.'* uf Act. all deeds secnrities instruments and documents in which this Art is mentioned or referred to shall be construed accordingly. 48- For the purposes of the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty chapter ninety-eight " to consolidate and amend the " statute law of England and Ireland relating to indictable "offences by forgery" all Corporation stock shall be deemed to be capital stock of a body (corporate and for the purposes of the Forgery Act 1870 the terms stock certificate and coupon in that Act shall be deemed to include a stock receipt and a stock certificate to bearer and a coupon mider this Act. 49. The costs charges and expenses of and incidental to the preparing applying for and obtaining this Act shall be paid by the Corporation out of the borough fund and borough rate or out of moneys borro^\ed on the security thereof and the Corporation are hereby authorised to borrow such moneys as they may require for that pui-pose and any moneys so borrowed shall be deemed to be borrowed under the borough Acts. The Hull Cohpokation Loans Act, 1881. 55 SCHEDULES referred to in the foregoing Act. EIEST SCHEDULE. Setting forth the several Acts and Orders in the foregoing Act referred to collectively as " The Borough Acts." An Act of the 41st year of the reign of King George the Third chapter 65 "For enlarging and improving the market-place of the town of Kingston-upon-Hull and for making a commodious street from thence to the river Humber with a dock and wharf or landing-place for the ferry and market boats belonging and resorting to the said town." The Kingston-upon-Hull Improvement Act 1854. An Act of the 6th and 7th years of the reign of Her Majesty Queen Victoria chapter 73 " For better supplying with water the borough of Kingston-upon-Hull." An Act of the 35th and 36th years of the reign of Her Majesty Queen Victoria chapter 200 " For making further provision respecting the supply of water to the borough of Kingston-upon-Hull and for other purposes." The Hull (Corporation) Electric Lighting Act 1880. The Kingston-upon-Hull Order confirmed by the Local Government Supplemental Act 1863. The Kingston-upon-Hull Order confirmed by the Local Government Supplemental Act 1866 (No. 5). The Kingston-upon-Hull Order confirmed by the Local Government Supplemental Act 1871 (No. 2). The Kingston-upon-Hull Order confirmed by the Local Government Supplemental Act 1871 (No. 4). The Kingston-upon-Hull Order confirmed by the Local Government Supplemental Act 1872. The Kingston-upon-Hull Order confirmed by the Local Government Board's Provisional Orders Confirmation (Belper Union &c.) Act 1877. The Kingston-upon-Hull Order confirmed by the Local Government Board's Provisional Orders Confirmation (Aspull &c.) Act 1879. 56 Thk Hill C.'okpokation Lo.vns Act, 1H81. Thf Kingston-upoii-HuH Order t-onfirmed by the Local Government Boards Provisional Orders Contirmation (Kingston-upou-HuU cVc.) Act 1880. The Municipal Corporation Acts as defined by the foregoing Act 80 far as they relate to the borough. The Acts 9 & 10 Vict. c. 74 and 10 & 11 Vict. c. 61 and the Baths and Washhouses Act 1878 so far as the same relate to the borough. The Burial Acts 1852 to 1871 and the Acts altering amending or affecting the same for the time being in force so far as the same relate to the borough. The Lunatic Asylums Act 18-53 and the Acts altering amend- ing or afifecting the same for the time being in force so far as the same relate to the borough. The Public Libraries Act 1855 and the Acts altering amend- ing or affecting the same for the time being in force so far as the same relate to the borough. The Tramways Act 1870 and the Acts idtcring amending or affecting the same for the time being in force so far as the same relate to the borough. The Artizans' and Labourers' DweUings Improvement Act 1875 and the Acts altering amending or affecting the same for the time being in force so far as the same relate to the borough. The Public Health Act 1875 and the Acts altering amending or affecting the same for the time being in force so far as the same relate to the borough : and AJl public Acts passed before the passing of the foregoing .■\ct so far as the same relate to the borough and authorise the borro\nng of money by the Corporation and any Acts altering amending or affecting the same for the time being in force. The Hull Coeporation Loans Act, 1881. 57 SECOND SCHEDULE. FoBM OF Transfer of Corporation Stock. I A. B. of in consideration of the sum of pounds paid to me by C. D. do hereby transfer to the said C. D. his executors administrators and assigns the sum of Hull Corporation stock standing in my name in the register of such stock and all my right and interest in and to the same and the interest thereon. In witness whereof I have hereunto set my hand this day of 18 Name Address Signed by the above named A. B. in my presence. Name Address 58 The Hull Cobpokation Loans Act, 1881. THIRD SCHEDULE. Schedule of Fees. On the issue of a stock receipt or of ii substituted stock- receipt in lieu of a stock receipt lost or destroyed a fee not exceed- ing two shillings and sixpence. On the issue of a stock certificate to bearer or of a new stock certificate to bearer in lieu of a stock certificate to bearer lost or destroyed a fee not exceeding live shillings on every hundred pounds of Corporation stock included in the stock certificate to bearer and a proportional sum for any less sum. If the applicant is the registered holder of an amount of Corporation stock divisible into several sums of twenty-five pounds fifty pounds or multiples of fifty pounds he may subject to the provisions of this Act as to the sums for wliich stock certifi- cates to bearer may be granted require such sums of twenty-five pounds fifty pounds or such multiples of fifty pounds to be dis- tributed among different stock certificates to bearer as he thinks fit subject to this proviso that if the number of certificates required by him exceed the proportion of five to a thousand pounds he shall in respect of each certificate constituting that excess pay a sum of sixpence in addition to the percentage fee. On the entry in the register of the Corporation stock included in a stock certificate to bearer there shall be charged a fee not exceeding five shilhngs. Hull Extension and Improvement Act, 1882. 59 HULL EXTENSION AND IMPROVEMENT ACT, 1882. 45 AND 46 Vict., Ch. CXV. Royal Assent, 12th July, 1882. PART I. • Preliminaey. 1. This Act may be cited as the Hull Extension and Improvement Act 1882. 2. For the purposes of proceedings preliminary to the municipal elections of 1882 this Act shall take effect on its passing but except for those purposes and except as herein-after otherwise expressly provided this Act shall commence and take effect from and immediately after the thirty-first day of March 1883 (which last-mentioned time is in this Act referred to as the commencement of this Act) . 3. This Act is divided into parts as follows : — Part I. — Preliminary. Part 11. — Extension of Borough. Part III. — Lands. Part IV.— Lighting. Part V. — Lunatic Asylum. Part VI. — Rating and Borrowing Provisions. Part VII. — New Road and Streets Improvement. Part VIII.— Water. Part IX. — Procedure and Miscellaneous. 4. The Lands Clauses Consolidation Acts 1845 1860 and 1869 (in this Act referred to as the Lands Clauses Acts) so far as the same are applicable for the purposes of and not varied by or inconsistent with this Act are hereby incorporated with this Act. 6. In this Act unless the context otherwise requires — " The existing borough " means the borough and county of the town of Kingston-upon-Hull as existing immediately before the passing of this Act : " The added part of the borough " means the area added to the existing borough by this Act : The borough used without any qualification or "the extended borough " means the existing borough with the added part of the borough : Short title of Act. Commence- ment of Act. Division of Act into parts I iicorporation of 8 & 9 Vict, c. 18. 23 & 24 Vict, c. TOG. and 32 & 33 Vict, c. 18. Interpreta- tion of terms. 60 Hull Extension and Imthotement Act, 1882. " The Corporation " means the mayor aldermen and burgesses of the existing borough or of the extended borough (as the case may require) : " The borough fund " and " the borough rate " and " the district fund" and "general district rate" mean respec- tively the borough fund borough rate and district fund and general district rate of the borough : " The town clerk " and " the borough engineer " mean respec- tively the town clerk and the borough engineer of the borough : ■ * <■> w. 4 " The Municipal Corporation Acts " means the Municipal Cor- poration Act 1835 and all Acts for the time being in force amending the same or otherwise relating to municipal corporations in England : 17 fc 18 Vict. "The Improvement Act" means the Kingston-upon-Hull ci. Improvement Act 1854 : " The Pubhc Health Act 1875" includes any Act for the time being in force amending the same : 1.=. ii It. vi, t. " The Burial Acts " means the Burial Acts 1852 to 1871 and all Acts for the time being in force amending or extending the same : "The Treasury" means the Lords Commissioners of Her Majesty's Treasury : " The Education Department" means the Lords of the Com- mittee of Her Majesty's Privy Council on Education : " The dock company " means the dock company at Kingston- upon-Hull : The expressions " parish " " lands " " premises " " owner " and " street " have in this Act the meanings respectively assigned to them by the Pubhc Health Act 1875 : " Person " includes a corporation : Words and expressions to which meanings arc assigned by the Acts incorporated herewith have in this Act the same respective meanings provided that the expression " superior court " or " court of competent jurisdiction" or any other like term shall have effect as if the debt or demand with respect to which it is used were a common simple contract debt and not a debt or demand created by statute. Hull Extension and Improvement Act, 1882. 61 6. (1.) The Improvement Act and the several other Acts Repeal oc Acts and orders which are enumerated in the First Schedule to this Act are hereby repealed as from the commenceinent of this Act to the extent and with the exceptions set forth in the second column of that schedule specified ; (2.) Notwithstanding this repeal — (a) All acts and things before the commencement of this Act done or commenced under the powers of any of the said Acts or orders and which were at the commencement of this Act valid or in progress and all awards deeds instruments securities contracts agreements obligations rights and remedies at the commencement of this Act existing under the same shall subject to the provisions of this Act be and continue as valid and for all purposes and for and against all parties and may be continued and completed as if this Act had not been passed. (b) All actions prosecutions arbitrations or other proceedings by with or against the Corporation by reason of any matter or thing done before the commencement of this Act in execution of or in relation to any of the said Acts and orders may be continued commenced or prosecuted by or against the Corporation as if this Act had not been passed. (c) All rates rents tolls and other sums at the passing of this Act due or accruing due to the Corporation may be collected and recovered by the Corporation as if this Act had not been passed. (d) All books and documents which under any of the said Acts or orders or otherwise would have been receivable in evidence shall be receivable in evidence as if this Act had not been passed. 7- This Act shall be carried into execution by the Cor- Act to be poration acting by the Council in and for the extended borough council. ^ and according to the Municipal Corporation Acts and the Acts for the time being affecting the Corporation as a municipal body and as a sanitary authority respectively and with all the rights powers privileges exemptions and authorities conferred by those Acts respectively on the Corporation and on the council and committees of the council and the officers agents and servants of the Cor- of council. 62 Hull Extession and Improvement Act. 188'2. poration witli respect to matters provided for or romprised in the Municipal Corporation Acts and the Pubhc Health Act 1875 respectively and as nearly as may be in all respects as if the powers duties exemptions and property vested in imposed on or enjoyed by the Corporation by or under this Act were vested in imposed on or enjoyed by thorn by or under the Municipal Corporation Acts and the Public Health Act 1875 respectively. lommittee* 8- (1) The Corporation may from time to time appoint committees of their members and may delegate to each such committee such of the powers and duties of the Corporation whether as a municipal body or as an urban sanitary authority or otherwise sis the council think fit and the acts and proceedings of every such committee within the limits of their delegation shall be deemed the acts and proceedings of the council and the quorum of any committee in this section provided for shall be such as the council direct and the council may from time to time make such regulations as they think fit with respect to the confirmation of the proceedings of a committee and otherwise for the guidance of a committee and the council may from time to time remove any member of a committee and fill any casual vacancy in a committee arising by death resignation removal or otherwise. (2) A committee may appoint a sub-committee of its members to execute and discharge any of the powers and duties of the committee but the acts of such sub-committee shall unless the council on the appointment of the committee otherwise direct be submitted for approval to the committee by which such sub- committee was appointed Pro\'ided that in no case shall a committee be authorised to borrow any money or to make any rate. PART II. Extension of Borovoh. (i.) Ertensinn of Boundaries and of Powers of Corporation if-c. Exieniionof 9- The boundaries of the existing borough are hereby b^rou'iTtu*^*"' extended so as to comprise and the borough shall accordingly comprise in addition to the existing borough the district of the Newington Local Board and the said township and parish of Hull Extension and Improvement Act, 1882. 63 Marfleet so much of the district of the Cottingham Local Board and of the township of Sutton and Stoneferry in the parish of Sutton (all in the east riding of the county of York) as is described in the Second Schedule to this Act. 10. Subject to the provisions of this Act the powers rights privileges authorities and duties of the Corporation acting by the Council as a municipal body and of the Corporation acting by the Council as the sanitary authority for the district of the existing borough and of the Corporation acting in the execution of the Public and Local Acts and provisional orders in force withm the existing borough or otherwise and of all officers and servants of the Corporation save as herein-after provided shall extend to and throughout the extended borough. 11. [Exception as to area within limits of supply of Newing- ton Water Company Limited. 38 & 39 Vict. c. 169.] [See Water Acts.] 12. The jurisdiction powers authorities rights privileges and duties of the sheriff recorder clerk of the peace and coroner of the existing borough and of the Ancient Court of Kecord of the existing borough and its officers and of the justices of the peace appointed for the existing borough whether acting in general or quarter sessions or in petty Sessions or out of sessions or other- wise and of the pohce constables and other peace officers of the existing borough shall extend throughout the extended borough Provided always that nothing in this Act contained shall in any way diminish take away alter or affect the jurisdiction rights power or authority of any coroner acting under lawful authority for the wapentake liberty or hundred of Holderness but such jurisdiction rights power and authority shall continue to be held used and enjoyed as fully and freely in all respects as if this Act had not been passed. 13. Lands and other property in the added part of the borough shall not be liable to be rated or be rated to any county or hundred rate police highway or sanitary rate made after the commencement of this Act in or for the east riding of the county of York or any part thereof or by or in accordance with the pre- cept of any rural sanitary authority but orders or precepts of county justices or other authorities respecting rates and matters connected therewith made before the commencement of this Act shall be Authority of Corporation extendol. Jurisdiction of the sheriff recorder and other officers extended. Extinction of liability to county and other rates and collection of arrears. 64 Hull Extension and Improvement Act. 1882. Adiloil ]iart c.f Iwrouph to Ix- partof count y of town of Hull. Limits of parliainentarT Dorough not ■fleeted. Vesting property o( Corporatiou, Officenidf Corporation continued. Deposit of tiorougb mnp. executed in aud with respect to the added part of the borough and arrears of rates existinj^ at the commencement of this Act may be collected and recovered therein as if this Act had not been passed and every person committing an offence in the added part of the borough before the commencement of this Act shall be tried adjudicated on and dealt with as if this Act had not been passed. 14. Subject to the provisions of this Act the added part of the borough shall to and for all intents and purposes be part of the borough and county of the town of Kingston-upon-HuU and all the rights privileges benefits and advantages held used or enjoyed by the burgesses and inhabitants of the existing borough shall be and the same are hereby extended to the burgesses and inhabitants of the extended borough. 16- Nothing in this Act shall extend limit alter or affect the parliamentary boundaries of the borough of Kingston-upon-Hull. 16. All estates and property of every description vested in the Corporation at the commencement of this Act for the benefit of the existing borough shall vest in the Corporation for the benefit of the extended borough and the Coi-poration shall hold enjoy and exercise for the benefit of the extended borough all the powers rights and privileges which at the commencement of this Act are vested in the Corporation for the benefit of the existing borough but subject to all debts liabilities and engagements affecting the same. 17. Subject to any re-arrangement of ofiices and duties in consequence of the passing of this Act the town clerk and all other officers and servants of the Corporation shall continue to be the town clerk officers and servants of the Corporation upon such and the same terms as they now hold their respective offices except such officers and servants as may under this Act be or become entitled to compensation for ceasing to hold their offices provided that in case any oflicer or sers'ant of the Corporation shall under this Act be or become entitled to compensation for the partial loss of his emoluments then the salary of every such officer or servant shall be liable to such reduction as the Corporation may see fit. 18. A nuip of the borough as altered and extended by this Act signed in duplicate by the Chairman of Committees of the House of Lords shall within two weeks after the passing of this HuLii Extension and ImphovexMent Act, 1882. 05 Act be deposited in the Office of the Clerk of the Parliaments and with the town clerk of the borough at his office. J,9- Copies of the said map deposited with the town clerk or any extract therefrom certified by him or by the borough engineer to be true shall be received by all courts of justice and elsewhere as prima facie evidence of the contents of such map and such map shall at all reasonable times be open to inspection on payment of one shilling and any person shall be entitled to a copy of or extract from such map certified by the town clerk or borough engineer on payment of the costs of eveiy such copy or extract All sums received under this section shall be carried to the credit of the borough fund. 20- All byelaws orders and regulations made by the Corporation and at the commencement of this Act in force within the existing borough shall extend and apply to the extended borough (subject to any future repeal or amendment of the same) and byelaws orders and regulations made by any local board county justices rural sanitary authority or highway authority shall on the commencement of this Act cease to be in force or to have any effect within the added part of the borough Provided that any person may be tried and punished for any offence against the same committed before the commencement of this Act as if this Act had not been passed. Provided also that no such bye- laws orders and regulations made or to be made by the Corpora- tion and relating to water supply shall extend to or be applicable within the area comprised as aforesaid within the limits of supply of the Newington Water Company Limited. (ii.) Election of Councillors and Aldermen. 21. On and from the thirtieth day of October 1882 the extended borough shall be divided into wards not being less than seven or more than fourteen and the number names or distinguish- ing numbers and boundaries of such wards shall be fixed and determined by order of the Local Government Board made on the report of a commissioner to be for that purpose appointed by the said Board within three weeks after the passing of this Act. 22. The Newington District as at present defined shall not be divided but shall with any portion of the existing borough of Hull added to it be one of the wards of the extended borough and shall be called " Newington Ward.'' Copies of deposited borough map to be evidence. Byelaws &c. to apply to extended boron "h. Division of borough into wards. Newington district to be named "New- inatonWard," 6G Hull Extension and Impuovement Act, 1882. l'rovi«ioiU for ■It; ;ior< ling tu nt I'lr txrmer >ancr ■rt lir>i of AumKt. < inler of l^jcnl OiiVL-rn- ment Koanl to be piibliHheiL ConKtitution and number of the Council. An to biirRcss roll, i'- General MTinR for electioDH of cooncillore, Jcc. 23. The commissioner shall include in his report a scheme for allocating all the existing councillors among the new wards described iu his report so as to provide (as far as practicable) for each councillor continuing to represent as large a number as possible of his former constituents and such councillors shall be allocated by the order of the Local Government Board accordingly. 24. The commissioner shall commence and proceed with the duties of his appointment with all practicable despatch and so as to make his report to the Local Government Board before the first day of August one thousand eight hundred and eighty-two or such later day as may on his application be fixed by the said Board. Such report shall be subject to revision by the said Board who shall make such order therein as they tliink fit. 25- The said order shall be published within ten days of the making thereof or on such later day as may be fixed by the said Board in the " London Gazette " and in a local newspaper circulating in the Borough and on and from the thirtieth day of October one thousand eight hundred and eighty-two the names or numbers and boundaries of the wards as set forth in such order shall be the names or numbers and boundaries thereof for all purposes as if they had been specially set forth in this Act and every councillor shall hold his office in the ward to which he may be allocated by such order for the same time as he would have held office if this Act had not been passed. 26. After the division of the borough into wards the council for the borough shall continue to consist (including the mayor) of fourteen aldermen and forty-two councillors and each ward shall return at least three councillors. 27. For the purposes of the burgess list burgess roll and otlicr lists to be made after the passing of this Act under the Municipal Corporation Acts and in relation to the functions and offices of the mayor town clerk and other officers under those Acts the added part of the borough shall be deemed to have always been part of the borough. 28. Subject to the provisions of this Act respecting the division of the borough into wards the allocation of councillors among the new wards and other relative matters the retirement and elections of mayor uldennen and councillors shall take effect and be held in like manner as if this Act had not been passed. Hull Extension and Impbovement Act, 1R82. 67 Dissolution of Newinj;ton Ijocnl Hoanl. 29- Any commissioner appointed under this Act shall have Powcisof the same power with regard to the examination of mtnesses and and costs of "^ production of documents as an inspector of the Local Government ""'""•^• Board under the PubUc Health Act 1875 and the costs of any inquiry held by any such commissioner (including the renmneration of such commissioner to be fixed by the said Board) shall be paid by the Corporation. (iii.) ProriainvH respecting Local Boards School Boards pn(ie» fxeciitin)f of Alt PAET VI. Rating and Borrowing Provisions. 64. All expenses incurred by the Corporation in carrj'inginto execution the provisions of this Act except such of those expenses as are payable out of borrowed moneys or out of the borough fund and borough rate under any general Act of Parliament or this Act and except so far as any such expenses may be defrayed out of revenue derived from the water undertaking of the C'orporation or from any other property of the Corporation or be recovered from the owners or occupiers of premises or other persons shall be paid out of the district fund and general district rate leviable imder the Public Health Act 1875. Hull Extension' and Improvement Act, 1882. 79 65. (1) The Corporation may make any rate which they are for the time being authorised to make either prospectively in order to raise money to pay charges and expenses to be incurred after the making of the rate or retrospectively in order to raise money to pay charges and expenses incurred at any time within six months before the making of the rate or partly prospectively and partly retrospectively ; (2) The Corporation may include in one rate book the assess- ments of all or any of the rates and water rents which they are authorised to levy ; (3) In the case of all rates leviable by the Corporation the owner instead of the occupier may at the option of the Corpora- tion be rated in cases where he might be rated under section two hundred and eleven subsection one of the Public Health Act 1875. 66. [Exception of an area so far as regards rates in connection with water.] [_8ee Water Acts.'] 67- As regards all rates which after the commencement of this Act are made and levied by the Corporation the North-eastern Kailway Company shall in respect of their railways in the added part of the borough be assessed thereto in the proportion of one- fourth part only of the net annual value thereof and as regards all rates which after the commencement of this Act are made and levied by the Corporation the dock company shall in respect of their docks in the added part of the borough be assessed thereto in the proportion of one-fourth part only of the net annual value thereof. 68- AU borough general district burial cemetery library and other rates which the Corporation are entitled to levy and raise under this Act or any other Act shall be recoverable and the pay- ment thereof may be enforced in like manner as if they were poor rates and with the like right of appeal. 69- No lands or other property within the added part of the borough shall be reassessed and the existing assessment in the added part of the borough shall remain in force until a general re- assessment of the whole borough as extended shall be made. 70. (1) The Corporation may from time to time borrow for the purposes of the new road and streets improvement author- ised by this Act any sums not exceeding eighteen thousand pounds M.-iking ami assessment of lates and power to rate owner ill eei'taiii cases. As to rating: of railway and dock properties in tlie added part of tlie borough. Recovery of rates. Tresentassess- ment of added arL'a not to be altered until the extended borough is reassessed. Power to borrow and create Cor- poration stock for purposes of Act. 80 HcLL Extension and Impro\'ement Act, 1882. Power to create Oortioratiou ►tocK for .lifoharge of ilebts iraiib- ferrwl to Corporation. I> and for waterworks purposes any sums not exceeding twenty thousand pounds but moneys boiTowed under this enactment shall be applied only to purposes to which capital is properly applicable ; (2) For the purpose of raising or securing all or any of the moneys authorised to be borrowed for the above purposes or for defraying the costs charges and expenses of obtaining this Act the Corporation may from time to time create and issue Hull Corpora- tion Stock under the Hull Corporation Loans Act 1881 ; (3) For the purposes of section thirty-five of the said Corporation Loans Act the period prescribed for paying off moneys borrowed by the Corporation for purposes of this Act shall be sixty years from the time or respective times when the same R.re first respectively borrowed ; (4) The contributions to the sums directed by the said Corporation Loans Act to be carried to the Corporation Loans Fund in respect of interest on and of redemption of stock shall be payable in the case of stock created and issued under this section for the purposes of the water undertaking of the Corporation out of the revenue of the water undertaking for the time being of the Corporation and in the case of stock created and issued under this section for any other purpose of this Act out of the district fund and general district rate. 71. The Corporation may from time to time borrow such moneys as they from time to time require for effecting the discharge of any outstanding loans or portion of any outstanding loan which by or under the provisions of this Act are transferred to the Cor- poration from the Newington Local Board or the Cottingham Local Board or the Sculcoates Kural Sanitary Authority and may raise or secure any such moneys by the creation and issue of Hull Corporation Stock under the Hull Corporation Loans Act 1881 subject to the provisions following (that is to say) : (i) The contributions to the suras directed by the said Corpora- tion Loans Act to be carried to the Corporation I^oans Fund in respect of interest on and of redemption of stock . shall in the case of stock created and issued under this section be payable out of the district fund and general district rate ; (ii) For the purposes of section thirty-five of the said Corpora- tion Loans Act the amount of contributions in respect of Hull Extension and Improvement Act, 1882. 81 redemption of such stock shall be such as to provide for its redemption within a period of thirty years from the time or respective times when the moneys represented by such stock were first respectively borrowed ; (iii) In the case of any loan contracted by either of the said local boards for works of private improvement of any premises the Corporation shall recoup to the district fund and general district rate the amount of contributions paid in respect of that loan to the Corporation Loans Fund as aforesaid and shall for that purpose from time to time make and levy on the owners or occupiers of such premises such rate or rates as but for the passing of this Act would have been in respect of that loan leviable by the said local boards or either of them. 72. (1) The Corporation are hereby authorised from tjme to time to borrow and raise by the creation and issue of Hull Corporation Stock under the Hull Corporation Loans Act 1881 all or any of the sums not exceeding one hundred thousand pounds which they are under the Hull Barnsley and West Eiding Junction Railway and Dock Act 1880 empowered to subscribe and contribute towards the undertaking of the Hull Barnsley and West Riding Junction Railway and Dock Company ; (2) For the purposes of section thirty-five of the said Cor- poration Loans Act the period prescribed for paying off any moneys borrowed and raised by the creation and issue of Corpora- tion stock under this section shall be one hundred years from the time or respective times when the same were respectively borrowed ; (3) The contributions to the sums directed by the said Cor- poration Loans Act to be carried to the Corporation Loans Fund in respect of interest on and of redemption of stock shall in the case of stock created and issiied under this section be payable out of the district fund and general district rate. Power to laise by issue of Corpora- tion stock suras author- ised to be borrowed under 43 and 44 Vict. c. cxcix. PART VII. New Road and Steeets Improvement. Power to make new road from Trinity Street 73. The Corporation are hereby authorised in the lines and Asylum on the lands in that behalf delineated and described in the ^^denand improve Carr Lane, &c. 82 Hru, Extension anp Improvement Act. 1882. deposited plans and "book of reference and according to the levels shown on the deposited sections to execute the following works (that is to say): — 1. A new road ur approach from Trinity Street to the borough lunatic asylum grounds commencing on the south bide of Trinity Street opposite to Derringham Street and terminating at the northern side of such grounds all in the parish of Holy Trinity within the borough ; 2. A widening and improvement of Carr Lane on the south side thereof from No. 4 Ocean Place in the occupation of William Hickling to No. 20 Ocean Place in the occupation of Thomas Hunter and William Thompson all in the parish of Holy Trinity aforesaid. And for those purposes may enter upon take and use such of the lands delineated on the said deposited plans and described in the deposited book of reference to such plans as shall be necessary for such purposes and for the purpose of the completion of a new road leading from Church Street to Fountain Koad in the parish of Sculcoates and for the completion of King Street improvement in the parish of Holy Trinity may enter upon take and use the lands delineated on the deposited plans and described in the deposited book of reference to such plans that is to say : — A piece or parcel of land and building used now or lately used as an oil refinery situate on the northern side of Eggin- ton Lane and bounded on the west by land belonging or reputed to belong to the charity trustees and on the north and east by land belonging or reputed to belong to Messieurs Grotrian and Hearfield ; Two dwelling-houses with offices cellars and other premises belonging to Thomas Key worth and in the occupation of the said Thomas Kev^vorth or of Thomas Keyworth and Company and situate at the street-crossing between King Street and Trinity House Lane and Postern Gate and North Church Side. Umiuof 74. In executing the said works the Corporation may deviate vertically to any extent not exceeding five feet from the levels defined on the deposited sections and may deviate laterally to any extent within the limits of deviation defined on the deposited plans. ■leriatiun. Hull Extension and Impkovement Act, 1882. 83 75. And whereas in the execution of the said improvement of Carr Lane it may happen that portions only of certain of the lands and buildings shown on the deposited plans may be sufficient for the purposes of the same and that such portions may be severed from the remainder of the said properties without material detriment thereto Therefore notwithstanding section ninety-two of the Lands Clauses Consolidation Act 1845 the owners of and persons interested in the lands and buildings described in the Third Schedule to this Act and whereof parts only are required for the purposes of this Act may (if such portions can in the judgment of the Jury arbitrators or other authority assessing or determining the compensation under that Act be severed from such properties without material detriment thereto) be required to sell and convey to the Corporation the portions only of the premises so required without the Corporation being obliged or compellable to purchase the whole or any greater portion thereof the Corporation paying for the portions required by them and making compensation for any damage sustained by the owners thereof or other parties interested therein by severance or otherwise. 76. The provisions of any Act or Acts or of any byelaws from time to time in force in the borough shall not except as regards any building used or occupied exclusively as a dwelling- house apply to any building erected or about to be erected or altered and used or intended to be used by the North-eastern Railway Company for the purposes of their business as a railway company Provided that no building shall be erected by the railway company beyond the frontage line of buildings in any street except gatekeepers lodges and signal boxes or signal cabins for the protection of the railway traffic and the public safety. Owners may be required lo sell parts only of certain lands and biiildinfrs. Byelaws and provi- Bions as to erection of buildings not to apply to railway buildings. PART VIII. Water. [See Water Acts.] 84 Hull Extension anp Improvement Act, 188'2. Praaecatioii «nd recoTcrj of oScnccs aod poDaltii-s. Appeal tn quarUr •esdoiu. Rutriction oD infonna- tiODI. I'roceedingi not to ))c (juashcl for want of form. frocecdirigi againiit KOTcral pcr- "on» for I lie tame oSeDce. ■ludges not • lioqualifinl PART IX. Procedure and Miscellaneous. (i.) General Provi.'sions an to Procedure. 88. -AH offences penalties forfeitures damages costs and expenses by thi.s Act or any Act incorporated herewith or any bye- law thereunder authorised or directed to be prosecuted or recovered summarily or before any justices or justice or the prosecution or recovery of which is not otherwise expressly provided for may be prosecuted and recovered in manner pro\ided by the Summary Jurisdiction Acts and all penalties recovered summarily by the Corporation within the borough under this Act or any Act incor- porated herewith or any byelaw thereunder shall be paid to the Corporation and carried to the borough fund. 89- Any person who deems himself aggrieved by any rate made under the provisions of this Act or by any order conviction judgment or determination of or by any matter or thing done by any court of summary jurisdiction or by the Corporation under the powers of this Act may appeal to the borough court of quarter sessions. 90- No information shall be laid for the recovery of any penalty under this Act except by the party aggrieved or by the authority of the Corporation. 91. No order verdict rate assessment judgment conviction or other proceeding touching or concerning any ofl'ence against this Act or against any rule order or byelaw made by authority thereof shall be quashed or vacated for want of form only. 92. in the case of any joint act or default by several persons contravening the provisions of this or of any other Act or of any byelaw in force Nnthin the borough the Corporation may if they think fit include all or any of those persons in one information or complaint and a justice may if he thinks tit include all or any of then) in one summons and any conviction judgment or order made in such a case may include all or any one or more of the persons included in the summons and the costs may be distributed as to the court appears fair. 93. A judge of any court or a justice shall not be dis- i|ualitied from acting in the execution of this Act by reason of his being a member of the Corporation or liable to any rate or other Hull Extension and Improvement Act, 1882. 85 charge under this Act or being interested in any contract under this Act for a supply of water or means of Hghting. 94. If any person against whom the Corporation have any Proofs of claim or demand become bankrupt or enter into any arrangement bankruptcy. for the hquidation of his affairs or composition with creditors it shall be lawful for the town clerk in all proceedings against or in the matter of the estate, of such bankrupt or insolvent to represent the Corporation and act in their behalf in proving the debt and in all other respects as if such claim or demand had been the claim or demand of the to\\'n clerk and not of the Corporation. 95. Any constable or other oflficer of the Corporation and such person or persons as he may call to his assistance may without any warrant or other authority than this Act seize or detain any person being unknown to such constable or other officer who shall be found committing any offence against this Act and take him as soon as conveniently may be before the nearest justice of the peace for the borough. 96- Whenever any expenses are payable to the Corporation by the owner of any buildings or lands in respect thereof and such buildings or lands are in lease such expenses may be apportioned between the lessees and the reversioners of such lands in such proportions as the Corporation may deem equitable provided that nothing in this section shall alter the liabilities respecting the pay- ment of expenses as hetw,een owner and lessee under any special contract relative thereto. 97- The Corporation from time to time may direct any prosecution for any public nuisance whatsoever created permitted or suffered in the borough and may order proceedings to be taken for the recovery of any penalties and tor the punishment of anv persons off"ending against any of the provisions of this Act or of any Act incorporated herewith or of any bye-law in force in the borough and may defray the expenses of such prosecution or other proceedings as part of their general expenditure in the execution of this Act. (ii.) Notices. 98. (1) Any instrument (including a notice order resolution requisition declaration requisition consent approval disapproval demand or other document) made given delivered or served by the Corporation under this or any other Act or any byelaw may be I''or securing transient nffenders. Apportion- ment where lands .ire leased. Corporation may order prosecu- tions and expenses thereof. I'"orm and service of notices by Corporation. 86 Hull Extension and I34provement Act, 1882. I'roTinoDi u to bycUws o( the • 'orpomtion. either in print or in writing (including lithograph) or partly in print and partly in writing (including lithograph) and shall be sufficiently authenticated by the name of the town clerk or of the Surs-eyor or other proper officer (according to the subject of the particular instrument) being affixed thereto in print or writing or by a stamp on behalf of the Corporation ; (2) Subject to any express provision of this or of any other Act it shall be sufficient where any such instrument is required to be given to or served on the owner or occupier of any premises to address it to such owner or occupier by his description as owner or occupier (as the case may be) of the premises (naming them) in respect of which it is given or served without further name or description and any such instrument may be addressed to owners or occupiers of any adjoining or neighbouring premises collectively and when so addressed may be served on more owners or occupiers than one so that separate copies be ser\'ed on the respective owners and occupiers of the premises concerned ; (3) Any such instrument may be served on any such owner occupier or other person either personally or by sending the same through the post in a registered letter addressed to him by name at his last known place of abode or business or by dehvering the same to some inmate at his last known or usual place of abode or business or in case of an occupier to any inmate of the premises in respect of which it is given or sei'ved or if the premises are un- occupied and the place of abode of the person to be served is after diligent inquiry unknown it shall be sufficient to affix it or a copy thereof upon some conspicuous part of such premises. (4) Service by a registered letter under this section shall be deemed to be effected on the day on which such letter would be delivered in the ordinary course of post. (iii.) Byelaws, <£c. 99. All byelaws authorised by this Act or by any other Act and at any time in force within the borough may be altered or re- pealed from time to time by the Corporation. Sections one hundred and eighty-two to one hundred and eighty-six (both inclusive) of the Pubhc Health Act 1S75 (except 80 much of section one hundred and eighty-five as applies ex- clusively to byelaws made by a rural authority) shall apply to the alteration and repeal of any existing byelaws and to the making alteration and repeal of the byelaws made by the Corpora- Hull Extension and Improvemknt Act, 1882. 87 I*.yclaws as to corn and other meters and weighers tion under this Act or any Act incorporated with this Act (except byelaws required by this Act to be confirmed by the Board of Trade) as if they were byelaws made by a local authority under that Act. 100- The Corporation may from time to time make alter and repeal byelaws for all or any of the following purposes — For licensing corn and other meters and weighers (that is to say persons measuring and weighing or supervising the measuring and weighing of cargoes of vessels on their dis- charge); and For charging any fee not exceeding five shillings for any such license for twelve months and in the like proportion for any shorter period ; and For imposing penalties on persons acting as corn or other meters and weighers without being licensed. All moneys received from corn and other meters under this section shall be paid over at such time and times in every year as the Corporation direct to the borough treasurer and be carried to the credit of the district fund ; Such byelaws shall not extend or apply to or in relation to any person appointed or employed as a meter or weigher by or in or upon the property of the dock company or by or in or upon the property of the undertakers of the navigation of the rivers Aire and C alder. The making alteration and repeal of such byelaws shall be subject to confirmation by the Board of Trade. 101. Any license granted by the Corporation either before or Power to revoke after the passing of this Act may be revoked by the Corporation on licenses, the conviction summarily or otherwise for any offence of the grantee of the license. (iv.) Private Ivvproveinent Expenses. 102. The expression "private improvement expenses" what to be means and includes all private improvement expenses expressly private declared to be such by or under the Pubhc Health Act 1875 expJn^s™*" or this Act or any byelaw made in pursuance of either of those Acts (whether incurred before or after the passing of this Act) also all other expenses at any time incurred by the Corporation for the repayment whereof the owner of the building or lands in respect whereof such expenses may have been or may be incurred is liable 88 Hull Extension and Improvement Act, 1882. Apportion- ment of priTste improvement rxpenres. I RecoTcry of j •xpenrei. under any enactment or byelaw or under any agreement with or by reason of any application of such owner. 103- (1) Where any private improvement expenses are recoverable by the Corporation from owners or occupiers of premises under the Public Health Act 1875 or this Act in respect of works executed by the Corporation in any street the Corporation may apportion such expenses among such owners or occupiers as the Corporation having regard to all the circumstances of the case and not merely to frontage may deem most just ; (2) The North-eastern Hallway Company shall not be liable in respect of any of their premises fronting adjoining or abutting on any street within the extended borough to sewer level pave metal flag channel or make good such street or to pay any part of the expenses of the execution of such works in cases where such premises shall be used by such company solely as a part of their actual line of railway and shall have no communication with such street. Provided nevertheless that nothing in this section shall affect the Hability of the said company to contribute towards the expenses of the repair of any such street where such expenses are chargeable on and payable out of the general district rates. (3) A person aggrieved by a decision of the Corporation under this section may appeal within twenty-one days after notice in writing of such decision to the police magistrate who may summon all parties interested to appear before him and may make an order confirming or varying the apportionment in whole or in part and with or without costs to any party as may appear to him just. 104. All private improvement expenses and all other ex- penses by this Act or any byelaw thereunder made payable by or recoverable from the owner or occupier of any building or lands or from any other person shall if not paid on demand be recoverable by the Corporation with interest thereon from the expiration of one mouth after such demand at the rate to be determined by the Corporation not exceeding five pounds per centum per annum in addition to any other mode of recovery which the Corporation may possess either as a debt from such owner or occupier or other person (as the case may be) in any court of competent jurisdiction or by distress and sale of the goods and chattels of such owner or occupier or other person (as the case may be) and any justice may issue his warrant accordingly. Hull Extension and Improvement Act, 1882. 89 105. Summary or other proceedings for the recovery of any amount or instalment of any private improvement expenses or other expenses recoverable by the Corporation may be commenced at any time within twelve months from the date of service of a demand for payment of the same. 106. When any private improvement expenses are recover- able from the owners or occupiers of buildings or lands the Corporation may by resolution allow to the owners or occupiers or any of them time for repayment thereof or of any part thereof and may order the same or any part thereof to be paid either in one sum or by such instalments as the Corporation think fit with interest for the principal money from time to time remaining unpaid after such rate as the Corporation determine but all sums so remaining due notwithstanding that the Corporation agree so to allow time shall from time to time at the expiration of the several times allowed be recoverable from the respective owners and occupiers for the time being both present and future in succession one after another as the same would have been recoverable from the original owner or occupier if no such time had been allowed and with respect to any such instalment the time limited by this Act or otherwise for the recovery of expenses shall be deemed to run only from the time when such instalment becomes due but the Corporation shall not in any case allow under this section a term exceeding twenty years for the payment of any expenses or of any part thereof. 107- All private improvement expenses and other expenses by this Act or any byelaw thereunder made payable by or recoverable from the owner of any building or lands with such interest thereon as by this Act or any such byelaw is provided for shall be a charge on such building or lands in priority to any incumbrance or charge on or affecting the same and created subsequently to the time when the works are commenced. 108. Where any premises are in the possession of any mortgagee or other person having in his own right any charge or incumbrance thereon such mortgagee or other person shall have and exercise the same powers and remedies for the recovery of any moneys paid by him in accordance with the provisions of this Act in respect of such premises for forming constructing sewering levelling paving flagging and channelling or otherwise completing Limit of time for recovery of expeuses by Corpora- tion extended. Power to .allow time for repayment of expenses. Expen3ea to be a charge on premises. Recovery by raortgagee3 in possession of moneys paid by them. 90 Hull Extension ant Improvement Act, 1882. Satinp fnr special I'onlmrts as to eipj-nse-i of Works. Pereom harini; partial interests may raise crpenRcs hj mortgage. Torporation may charge supervision in addition to costs. Cont inning exemi)tion of .loik company from rates. As to strcetH, iiC. repaired, tie. uiidvr the Hull ImU Arts any street or footway as he has and may exercise for the recovery of the principal money secured by such mortgage or the interest thereof. 109. Nothing in this Act shall alter the liabilities as between owner and occupier respecting the payment of any private improvement expenses or other expenses raadL- payable or recover- able by this Act or any byelaw thereunder of any owner or occupier under any special contract relative thereto made before or after the commencement of the Act. 110. -All owners of buildings or lands being tenants for life only and all committees of the estates of lunatics and all trustees seized possessed of or entitled to any estate or interest in any buildings or lands for or on behalf of any person or charity may charge such buildings or lands with such sum as may be necessary to defray the whole or any part of any private improvement expenses which the owners of such buildings or lands for the time being are liable to pay and the expenses of making such charge and for securing the repayment of such sum with interest may mortgage such buildings or lands to any person advancing such sum bdt so that the principal money due on any such mortgage shall be repaid within twenty years. 111. Whenever under this Act or the Public Health Act 1875 the Corporation either on the application or in consequence of the default of the owners or occupiers of any premises execute any work the cost of which is payable by such owners or occupiers they may if they see tit in addition to the actual cost of such works charge and recover in respect of plans sections measuring super- vision and all other matters an amount not exceeding five per centum of the amount of the actual cost of such works, (v.) Saving Clauses. 112. The dock company may from time to time claim and shall be entitled to any exemption from liability to rates and assessments which if this Act were not passed they might claim and be entitled to under the provisions of the enactments by this Act repealed or any of them. 113. .Vll streets quays and other places in the borough now lighted repaired maintained cleansed or drained by and at the expense of the dock company under and by virtue of the Hull Docks Acts or any of them or otherwise shall continue to be lighted Hull Extension and Impeovement Act, 1882. 91 repaired maintained cleansed and drained by such company as heretofore. Provided that the Corporation may by agreement with the said company undertake such hghting cleansing repairing and maintenance on such terms as to payment to the Corporation of a gross or annual sum or otherwise as the Corporation and the said company may agree and any such agreement shall be valid and bind the parties. 114. This Act shall not by implication or otherwise take away alter abridge or prejudicially affect any estate rights and titles to property power or privilege of the dock company which they now have or might have had or have availed themselves of or have been entitled to in case this Act had not been passed. 115- This Act shall not by implication or otherwise prejudice alter or impair any estate right title interest property power or privilege of the Guild or Brotherhood of Masters and Pilots Seamen of the Trinity House in Kingston-upon-HuU which they might have had availed themselves of or been entitled to in case this Act had not been passed. 116. If at any time the Corporation shall construct any work within the limits of the borough as defined by this Act on any part of the shore or bed of the Kiver Humber where and so far up the same as the tide flows and reflows they shall not less than two months before commencing any such work deliver to the Humber Conservancy Commissioners plans defining the nature and extent of the works so proposed to be carried out and the Corporation shall not in the exercise of any of the powers conferred on them by this Act or any part thereof prejudicially affect the navigation or the channel or roadstead of the Eiver Humber. 117- Except as in this Act otherwise expressly provided nothing contained in this Act or in any of the schedules thereto shall prejudice or alter any of the provisions of the Humber Conservancy Acts 1852 to 1876 or any of those Acts. 118. Nothing in this Act contained shall extend or be con- strued to extend to take away lessen prejudice or alter any of the property powers rights privileges or jurisdiction of the Beverley and Barmston Drainage Commissioners under " The Beverley and Barmston Drainage Acts 1798 and 1880 " but all such powers rights and jurisdiction shall remain and be as good valid and effectual as if this Act had not been passed. .Saving rights of clock company. Saving righti of Trinity House. Plans of works to be delivered to Humber Conservancy Com- missioners. Saving right* of Humber Conservancy Com- missioners 1.5 & 16 Vict, c. cxxx. iiC. Saving rights of Beverley and Barmston Drainage Cora- missionei"s 33G.3.C. Ixiii. 43 & 44 Vict, c. cxxviii. 9'2 Hull Extension and Improvement Act, 1882. : tllP • verlev 1 Ski'.ll>y linajre. 2:. a. a. e. 92. 4s G. 3. o. xl. t ..ving nyhtH of the trustees of CotiiiiK- ham drain- age. 6 O. 3. I. Iixviii. 31 U. 3. c. 20, Sarin); ri(fht(t of the trantocii of the Hdliler- nen rti>f'iiS'; Act,. 188.5.:' 101 "The Trinity House" means the Gruild or Brotherhood of Masters and Pilots Seamen of the Trinity House of Kingston-upon-HuU : " The Dock Company " means the Dock Company at Kingston-upon-HuU : and for the purposes of this Act the expression " superior courts " or "court of competent jurisdiction" or any other like expression in this Act or any Act wholly or partially incorporated herewith shall he 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. 4. Subject to the provisions of this Act the Corporation Power to may make and maintain the bridge over the River Hull and over River approaches thereto and the new street and the diversion widening street a^d and improvement of existing streets and other works hereinafter ^mprovempnts described with all necessary arches embankments and approaches hydraulic lifts capstans mooring-posts dolphins buildings works machinery and conveniences connected therewith respectively and may enter upon take and use such of the lands delineated on the deposited plans and described in the deposited books of reference as may be required for that purpose (that is to say) : 1. A swing or opening bridge across the River Hull commencing in the parish of Saint Mary on the western side of the river at the east end of Salthouse Lane Staith at a point five yards or thereabouts measuring along the timber edging of the staith in a southerly direction from the wooden pillar or support at the south- east corner of the warehouse and wharf belonging or reputed to belong to Messrs. James T. and N. Hill and terminating in the parish or extra-parochial place of Garrison Side on the eastern side of the said river at the west end of Clarence Street at a point three yards or thereabouts measuring in a northerly direction from the south-west corner of the landing steps belonging or reputed to belong to and occupied by John Fisher ; 2. An approach road commencing in High Street at or near a point three yards or thereabouts measuring in a southerly direction from the junction of Salthouse Lane with that street thence passing in an easterly direction 102 RuLi. (T>Pt«'oaL) Bridge and Improvements Act, 1885. along lands south of Salthouse Lane Staith and the said staith and terminating at the west end of the intended bridge at the point of commencement thereof above described which approach road will be wholly situate in the parish of Saint Mary ; 3. An approach road commencing at the west end of Clarence Street at the point of termination of the intended bridge above described thence passing along Clarence Street and terminating at a point opposite the house No. 8 in that street in the occupation of Samuel Jessop which approach road will be wholly situate within the said parish or extra-parochial place of Garrison Side; 4. The diversion widening and improvement of Argyle Street (marked " 1 " on the deposited plans) commencing at a point in Argyle Street opposite the house No. 10 in that street in the occupation of George Wright and terminating at a point ten feet or thereabouts measuring in an easterly direction from the north-west corner of the boundary wall surrounding the Hull Workhouse all in the parish of Holy Trinity ; 5. A new bridge over the North-eastern Railway and a street or road in continuation of Argyle Street (marked " 2 " on the deposited plans) commencing at the termina- tion of the diversion widening and improvement of Argyle Street above described thence proceeding in a northerly direction crossing Londesborough Street and terminating one hundred and sixty-seven yards or there- abouts from the commencement of such new bridge above described all in the parish of Holy Trinity ; 6. The widening alteration and improvement of Londes- borough Street (marked " 3 " on the deposited plans) for a distance of fifty-five yards or thereabouts on the east side and forty-two yards or thereabouts on the west side of the crossing of that street by the intended new street or road No. 5 immediately before described all in the parish of Holy Trinity ; 7. The widening alteration and improvement of Day Street on the west side at the northern cud thereof for a dis- tance of thirty-one yards or thereabouts measuring in a Hull (DRYrooL) Bripgk and TMrRovEMENTs Act, 1885. 108 southerly direction from the junction of that street with the Anlaby Eoad all in the parish of Holy Trinity. 5. The bridge across the Eiver Hnll by this Act authorised shall be constructed with an opening arch of eighty feet clear span measured at right angles with the direction of the piers as shown upon the deposited plans the western termination of which span shall be not more than sixty feet from the western shore of the said river and one arch of twenty feet clear span on the western side of the river and one arch of not less than twenty feet clear span on the eastern side of the river : Provided always that the foundations of the cylinders of the bridge shall be placed at such a depth not being less than fifteen feet below the bed of the river as will allow of a reasonable deepening of the river at any future time : Provided also that none of the permanent works of the bridge shall be con- structed so as to project to the southward more than seventy feet from the centre line of the bridge as shown upon the deposited plans nor so as to project in front of the line of waterway of the piers. 6. Subject to the other provisions of this Act the enact- ments following shall be in force and have effect for the protection of the Commissioners of Sewers for the east parts of the east riding of the county of York (that is to say) : — (a) The Corporation in building the said bridge over the Eiver Hull shall not construct any stone or brick pier in the channel of the said river but such bridge and the machinery thereof shall be erected so far as regards the said river upon iron cylinders protected by wooden fenders so as to interfere as little as possible with the stream and flow of the said river ; (b) During the construction of the said bridge the Corpora- tion shall use every means in their power to prevent any avoidable obstruction in the stream or to the navigation of the said river And they shall not fix or allow to be fixed any pile work erection or scaffolding which shall or may tend to prevent the free passage of the said stream or flow of water beyond what is absolutely neces- sary for the proper construction of the said bridge ; (c) Except as in this Act otherwise expressly provided nothing herein contained shall extend or be construed Ab to con- sti-uction of bridge oTer the River Hull. For protec- tion of Con missioners ( Sewers for the east riding of t county of York. 104 HoLL (Drtpool) Bkidoe and IscpRovEXfESTs Act, 1885. over Hull to • . I'ower to make ■iibsiilinrv I I'criod for . compulBorv 1 piirchiuo of landa. I'criod for completion of wnrki. for that purpose may from time to time put or cause to be put up sufficient palisades bars posts and other erections and may make from time to time such orders for regiilatinp: the traffic as to them shall seem proper. 22. Subject to the pro\nsions of this Act and within the limits defined on the deposited plans the Corporation in connection with the improvements and as part and for the purposes thereof may make junctions and communications with any existing streets intersected or interfered with by or contiguous to the works and may make diversions widenings or alterations of the lines or levels of any existing street for tlie purpose of connecting the same with the works or of crossing under or over the same or otherwise and may alter divert stop up or appropriate all or any part of any street square place court alley or passage whether a thoroughfare or not and the paving metalling or materials therein thereon or forming part of the same shall vest in the Corporation and the Corporation may also alter and interfere with any drain or sewer but the Cor- poration shall provide a proper substitute before interrupting the flow of sewage in any such drain or sewer and the materials obtained in such alterations and interference shall vest in the Cor- poration and all substituted drains and sewers shall be under the same jurisdiction care management and direction as the existing drains and sewers for which they may be so substituted Provided that the Corporation shall make full compensation to all persons whose property shall be injuriously affected by the exercise of the powers of this section. 23. The powers of the Corporation for the compulsors* pur- chase of lands for the purposes of this Act shall not be exercised after the expiration of three years from the passing of this Act. 24. If the improvements are not completed within live years from the passing of this Act then on the expiration of that period the powers by this Act granted to the Corporation for ujaking and completing the improvements or otherwise in relation thereto shall cease to be exercised except as to so much thereof as is then completed. 26. If there be any omission misstatement or wrong des- cription of any lands or of the owners lessees or occupiers of any lands shown on the deposited plans or specified in the deposited books of reference the Corporation after gi%"ing ten days' notice to the owners lessees and occupiers of the lands in question may Hull (Dkypool) Biudge anh Improvements Act, 1885. 109 apply to two justices for the correction thereof and if it appear to the justices that the omission misstatement or wrong description arose from mistake they shall certify the same accordingly and they shall in their certificate state the particulars of the omis- sion and in what respect any such matter is misstated or wrongly described and such certificate shall be deposited with the clerk of the peace for the county of the town of Kingston-upon- Hull and with the clerk of the peace for the East Riding of the county of York and a duplicate thereof shall also be deposited with the parish clerks of the several parishes in which the lands affected thereby are situate and such certificate and duplicate respectively shall be kept by such clerks of the peace and parish clerks respectively with the other documents to which the same relate and thereupon the deposited plans and books of reference shall be deemed to be corrected according to such certi- ficate and the Corporation may take the lands and execute the works in accordance with such certificate. 26. Persons empowered by The Lands Clauses Consolida- tion Act 1845 to sell and convey or release lands may if they think fit subject to the provisions of that Act and of the Lands Clauses Consolidations Acts Amendment Act 1860 and of this Act grant to the Corporation any easement right or privilege not being an easement of water required for the purposes of this Act in over or affecting any such lands and the provisions of the said Acts with respect to lands and rent charges so far as the same are applicable in this behalf shall extend and apply to such grants and to such easements rights and privileges as aforesaid respectively. 27. (1) The Corporation shall not under the powers of this Act purchase or acquire in any city borough or other urban sanitary district or any parish or part of a parish not being within an urban sanitary district ten or more houses which after the passing of this Act have been or on the fifteenth day of December last were occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers unless and until — (a) They shall have obtained the approval of the Local Government Board to a scheme for providing new dwellings for such number of persons as were residing in such houses on the fifteenth day of December last or for such number of persons as the Local Government Board Power to taki easements &o by agreement Restriction 1 to houses of the labouring class. 110 Hull (Dhti'ool) Bbidoe and Improvements Act, 1885. shall after inquirj' deem necessary having regard to the number of persons on or after that date residing in such houses and working within one mile therefrom and to the amount of vacant suitable accommodation in the immediate neighbourhood of such houses or to the place of employment of such persons and to all the circum- stances of the cases ; and (b) They shall have given security to the satisfaction of the Local Government Board for the carrying out of the scheme. (2) The approval of the Local Government Board to any scheme under this section may be given either absolutely or condi- tionally and after the Local Government Board have approved of any such scheme they may from time to time approve either absolutely or conditionally of any modifications in the scheme ; (3) Every scheme under this section shall contain provisions prescribing the time within which it shall be carried out and shall require the new dwellings proposed to be provided under the scheme to be completed fit for occupation before the persons residing in the houses in respect of which the scheme is made are displaced : Provided that the Local Government Board may dispense with the last-mentioned requirement subject to such conditions (if any) as they may see fit. (4) Any conditions subject to which the Local Governmen Board may have approved of any scheme or of any modifications ot any scheme under this section or subject to which they may have dispensed with the above-mentioned requirement shall be enforce- able by a writ of mandamus to be obtained by the Local Govern- ment Board out of the Queen's Bench Division of the High Court of Justice. (6) If the Corporation acquire or appropriate any house or houses for the purposes of this Act in contravention of the fore- going provisions or displace or cause to be displaced the persons residing in any house or houses in contravention of the require- ments of the scheme they shall be liable to a penalty of five hundred pounds in respect of every such house which penalty shall bo recoverable by the Local Government Board by action in the High Court of Justice and shall be carried to and form part of the Consolidated Fund of the United Kingdom : Provided that the court may if it think lit reduce such penalty. Hull (Dbypool) Bridge and Impkovkments Act, 1885. Ill (6) Subject to the provisions of this section the Corporation and the Local Government Board and their inspectors shall have and may exercise for any purpose in connection with any scheme under this section all or any of the powers vested in them under The Public Health Act 1875 in the same manner in every respect as if the preparation and carrying into effect of such scheme were one of the general purposes of that Act : Provided that all lands on which any buildings have been erected or provided by the Corporation in pursuance of any scheme under this section shall for a period of twenty-five years from the passing of this Act be appropriated for the purpose of dwellings and every conveyance demise or lease of such lands and buildings shall be endorsed with notice of this enactment : Provided also that the Local Government Board may at any time dispense with all or any of the requirements of this sub- section subject to such conditions (if any) as they may see fit. (7) The Corporation shall pay to the Local Government Board a siub to be fixed by that Board in respect of the preparation and issue of any Provisional Order in pursuance of this section and any expenses incurred by that Board in relation to any inquiries under this section including the expenses of any witnesses summoned by the inspector holding the inquiry and a sum to be fixed by that Board not exceeding three guineas a day for the services of such inspector. (8) For the purposes of this section the expression "labouring class " includes mechanics artizans labourers and others working for wages hawkers costermongers persons not working for wages but working at some trade or handicraft without employing others except members of their own family and persons other than domestic servants whose income does not exceed an average of thirty shillings a week and the families of any of such persons who may be residing with them. 28. The Corporation may for any purpose in connection with Alteration of the improvements upon the lands acquired by them under the water gas and powers of this Act and also in any street within the limits of de- " " ^'''^'' viation defined on the deposited plans raise sink or otherwise alter the position of any watercourse water pipe gas pipe or hydraulic pipe belonging to or connected with any house or building adjoining or near to the improvements and also any main or other pipe laid down or used by any company or person for 112 Hull (DnypooL) Bridge and TjiPBovEMENTa Act, 1885. carrying a supply of water or gas or hydraulic power and also any pipe tube wire or apparatus laid down for telegraphic or otlier purposes and any pipe tube wire or apparatus laid down for supplying electricity and may remove any otlier obstruction making in cases of alteration proper substituted works in the meantime and causing us little detriment and inconvenience as circumstances admit to any company or person and making reasonable compensa- tion to any company or person who suffers damage by any such alteration Provided always that before the Corporation alter the position of any main or other pipe laid down or used by any such company or person they shall (except in cases of emergency) give to the company or person to whom the same belongs notice of their intention to do so specifj'ing the time at which they will begin such notice to be given twenty-four hours at least before the commencement of the work for effecting such alteration and such work shall'be done under the superintendence (at the expense of the Corporation) of the company or person to whom such pipe belongs unless such company or person refuses or neglects to give such superintendence at the time specified in the notice for the commencement of such work or discontinues the same during the execution of such work and the Corporation shall execute such work to the reasonable satisfaction of the engineer of such company or person Provided also that the Corporation shall not cause any street to be lowered or raised or the position of any water or gas main or other pipe to be altered so as to leave over such main or other pipe in any part a covering of less than two feet where the covering now existiiig is not less than two feet unless the Corporation shall in such case protect the same pipes from frost or injury by artificial covering to the satisfaction of the engineer of such company or person or more than six feet where the covering now existing does not exceed six feet or more than such existing covering where the same exceeds six feet unless the Corporation in such case provide special means of access to the same to the satisfaction of the engineer of such company or person. If any difference arises between the Corporation or their engineer and any such company or person or their or his engineer touching the amount of any costs expenses or charges under the provisions of this Act to be paid by the Corporation to any such company or person or touching any work matter or thing with reference to such mains or other pipes under such provisions to be Hull (Drtpool) Bbidge anh Impiiovrmknts Act, 1885. 113 done or executed by the Corporation or the mode of doing or executing the same such difference shall be settled by an engineer to be agreed upon by the engineers of the Corporation and of any such company or person respectively or failing agreement by such engineer as shall on the application of either the engineer of the Corporation or of any such company or person be named by the President for the time being of the Institute of Civil Engineers and whose decision shall be final and binding and the expenses of the reference shall be borne as the referee may direct Provided that any difference which in tlie exercise of the powers conferred by this section may arise between the Corporation and any under- takers authorised by any license or order under the Electric Lighting Act 1882 may on the requisition of such undertakers be determined by an engineer or other fit person to be nominated as arbitrator by the Board of Trade subject to and in accordance with the provisions of section twenty-eight of that Act. Nothing in this section shall extend to or authorise any interference with any works of any undertakers within the meaning of the Electric Lighting Act 1882 to which the provisions of section fifteen of the said Act apply : Provided also : That the Corporation shall not raise sink or otherwise alter the position of any pipe tube wire or apparatus laid down for telegraphic or other purposes and belonging to the Postmaster General except in accordance with and subject to the provisions of the Telegraph Act 1878. 29. The Corporation may cause such parts of the improve- corporation ments to be laid out for carriageways and such parts thereof for f^Ct'''^'"^ '" footways as they think proper and may construct erect and ^a''"*"''''''^'* provide such vaults cellars arches sewers drains subways and other works and conveniences as they think proper for the purposes of the improvements within the limits of deviation defined on the deposited plans and in laying out or forming such carriageways and footways and works the Corporation may in addition to the powers by this Act conferred exercise the same powers and authorities as are vested in and shall be subject to the same liabilities only (if any) as are imposed upon any local board or urban sanitary authority when they stop up temporarily any thoroughfare or any part thereof in the repairing or repaving of any street within the borough. 114 Hull (Drtpool) Bridge and Improvements Act, 1886. Ownen mar be mjuiroil to lell to Cor- poration parts only of certain bnililinfT*. Corporation may let or cicliange lamia. RccciptB of Corixiration to bc-efTcctual iliwhargf*. 30. And whereas in the construction of the improvements or otherwise in exercise of the powers of this Act it may happen that portions only of the houses or other bnildmfjs or manufactories shown on the deposited plans may be sufficient for the purposes of the same and that such portions may be severed from the remainder of the said properties without material detriment thereto There- fore notwithstanding section ninety-two of " The Lands Clauses Consolidation Act 1845 " the owners of and other persons interested in the lands and buildings described in the Schedule (A) to this Act and whereof parts only are required for the purposes of this Act may if such portions can in the opinion of the jury arbitrators or other authority to wliom the question of disputed compensation shall be submitted be severed from theremainder of such properties without material detriment thereto be required to sell and convey to the Corporation the portions only of the premises so required without the Corporation being obliged or compellable to purchase the whole or any greater portion thereof the Corporation paying for the portions required by them and making compensation for any damage sustained by the owners thereof or other parties in- terested therein by severance or otherwise. 31- The Corporation may from time to time let either from year to year or for a less period or for a term at rack rent or exchange or otherwise dispose of any building or lands or any part thereof acquired by them under the powers of this Act and not required for any of the purposes of this Act and may execute and do any deed act or thing proper for eflectuating any such lease exchange or other disposition. 32- The receipt of the Corporation or the treasurer thereof or of any person duly authorised by the Corporation for any purchase moneys rents or profits or money payable to them by virtue of this Act shall be a sufficient and eflfectual discharge for the money in such receipt expressed or acknowledged to be received and the person to whom the same shall be given shall not after- wards be answerable or accountable for the misapplication or non- application of the money in such receipt expressed or acknowledged to be received and such money shall be applied by the Corporation towards the expenses of the Corporation in executing the works by this Act authorised. Hull (Drypool) Bridge akh Tmprovkments Act, 1885. 115 33- The Corporation may subject to the provisions of this Act from time to time enter into and oarry into effect agreements with any person being the owner of or interested in any lands houses or property abutting on any portion of any of the works authorised by this Act with respect to the sale by the Corporation to such person of any lands or property (including any street or thoroughfare or any part of a street or thoroughfare acquired by the Corporation under the powers of this Act and not required for any of the purposes of this Act) for such consideration as may be agreed upon between the Corporation and such person not being a rent charge annuity or other payment extending over a period of more than sixty years and the Corporation may accept as satis- faction of the whole or any part of such consideration by such person the grant of any lands or other property required by the Corporation tor the purposes of this Act. 34- — (1) The Corporation may from time to time borrow for the purposes of this Act including the costs charges and expenses in relation to and in obtaining this Act any sum not exceeding fifty thousand pounds and in order to raise or secure the money so borrowed the Corporation may from time to time create and issue Hull Corporation stock under the Hull Corporation Loans Act 1881. (2) For the purposes of section thirty-five of that Act the period prescribed for paying off moneys borrowed under this section except for the payment of the said costs charges and expenses shall be sixty years from the time or respective times when the same are first respectively borrowed and in respect of moneys borrowed for payment of the said costs charges and expenses shall be twenty years from such time or respective times and the contributions to the sums directed by the said Corpora- tion Loans Act to be carried to the Corporation loans fund in respect of interest on and of redemption of stock shall be payable in the case of stock created and issued under this section out of the general district rate. 35. All money borrowed by the Corporation under this Act shall be applied for the purposes of this Act to which capital is properly applicable and not otherwise. 36- The agreement contained in the Schedule (B) to this Act made the twenty-sixth day of November one thousand eight hundred and eighty-four between the Corporation and the North- Power to Corporatiou to make agreements with owners of property ls.c. Power to borrow and create Cor- poration Stock for purposes of Act. Application of money. Confirming agreement with North- eastern Railway Company. of the ill. ■, lliii!- 110 HuLD (Dbtpool) Bkidoe and Impkovements Act, 1886. eastern Railway Company is hereby confirmed and made binding on the parties thereto and the Corporation shall from time to time on the request of the North-eastern Railway Company and at the cost of that company exercise such of the powers conferred on them by this Act as may be necessary or requisite to enable the railway company to fulfil the obligations undertaken by them in the agree- ment hereby confirmed. ,r|.r.t,.. 37. Notwithstanding anything contained in this Act or shown upon the deposited plans and sections the Corporation shall not for the purposes of this Act either temporarily or permanently enter upon take occupy use or interfere with any railway or lands or property of the North-eastern Railway Company except such of the lands of the said Company as under the said agreement con- tained in the Schedule (B) to this Act are to be_]appropriated by the said company for the purpose of carrying out the works comprised in the said agreement. ■iTing right* 38. Nothing in this Act shall authorise the Corporation ! the f.^e*" to take use or in any manner interfere with any portion of the ""^' shore or bed of the sea or of any river channel creek bay or estuary or any right in respect thereof belonging to the Queen's Most excellent Majesty in right of Her Crown and under the management of the Board of Trade without the previous consent in writing of the Board of Trade on behalf of her Majesty (which consent the Board of Trade may give) neither shall anything in this Act extend to take away prejudice diminish or alter any of the estates rights privileges powers or authorities vested in or enjoyed or exercisable by the Queen's Majesty Her heirs or successors. ■iriDK rights 39. Nothing in this Act shall authorise the Corporation to f the Crown. . .... i t i t. take use or m any manner mterfere with any land or hereditaments or any rights of whatsoever description belonging to the Queen's Most Excellent Majesty in right of Her Crown and under the managenient of the Commissioners of Her Majesty's Woods Forests and Lalid Revenues or either of them without the consent in writing of the same Commissioners or one of them on behalf of Her Majesty first had and obtained for that purpose (which consent such Commissioners are hereby respectively authorised to give) neither shall anything in this Act extend to take away prejudice diminish or alter any of the estates rights privileges Hull (Drypool) Bridge and Impeoyements Act, 1885. 117 powers or authorities vested in or enjoyed or exercisable by the Queen's Majesty Her heirs or successors. 40. AH the prehminary and other costs charges and ex- Cost.s,.f ac penses of and incident to the preparing for obtaining and passing of this Act including the costs incurred by the Corporation in complying with the provisions of the Act 35 and 36 Vict. c. 91 with respect to the Bill for this Act as taxed and ascertained by the taxing officer of the House of Lords or House of Commons shall be paid by the Corporation out of moneys borrowed by the Corporation under the provisions of this Act. 118 Hull (Dkh'ool) Bkidge asi> Impbovemexts Act, 1885. SCHEDULES KEEEKKKD TO IN THE FOKEGUlNCi ACT. SCHEDULE (A). Describing Lands and Buildings of which portioub only may be required. ^Improvement carried uut."] SCHEDULE (B). Ax AoREEMEXT uiude this twenty-sixth day of November lbtt4 between the Nokth-eastekn Rallway Company (herein-after called " the Company ") of the one part and the M.aon Aldekmex and Burgesses of the borough of Kingston-upou- HuU acting as the Urban Sanitary Authority within and for the same borough (herein-after called " the Authority ') of the other part. Whereas the Authority are desirous of making certain improvements in and about Argyle Street and Londesborough Street in the said borough invoh-ing alterations of the levels and the widening and diversion of parts of such streets and for the purpose of carrying out the proposed works the arrangements herein-after expressed have been made between the Company and the Authority. Now therefore it is hereby mutually declared and agreed by and between the parties hereto as follows : — 1. The Company shall execute the works between the letters A B C D and E shown on the plans and drawings marked Plan No. 1 and Plan No. 2 and signed by the respective solicitors for the Company and the Authority. 2. The land required for the purpose of carrying out the said works shall be provided as follows viz. the Company shall pro- vide free of cost to the Authority the land shown on the said Plan No. 1 and thereon coloured yellow (except so much thereof as will lie between the side walls of the arches through the embankment showii on the said Plan No. 1 and Plan No. 2 over which last- mentioned piece of land the Authority will be entitled to an ease- Hull (Drypoolj iiijuGK and Impkovements Act, 1885. 119 ment for the purposes of the maintenance of the said arches and the embankment to be made thereon) and the Authority shall at their own cost acquire or provide all the residue of the land shown upon the said Plan No. 1 coloured red as necessary for the said works. In consideration of the Company providing the said land firstly mentioned the Authority will upon the completion of the said works convey or procure to be conveyed to the Company in fee simple such parts of the sites of the existing streets as are coloured green on the said plan No. 1 freed and discharged from any rights of way or other easements or incumbrances. 3. The Company shall also convey to the Authority free of cost for the purpose of their street improvement works beyond the limits of the works referred to in this agreement the pieces of land between the letters B and G and D and F respectively shown on the said Plan No. 1 and thereon coloured brown. 4. The Authority shall at their own cost compensate the owners lessees and occupiers (other than the Company their lessees or tenants) of the dwelling-houses lands and hereditaments which shall be injuriously affected by the execution of the said works and shall undertake at their own cost the defence or settlement of any actions or claims for such compensation and indemnify the Company against any liability in respect thereof. 5. The Company shall at all times for all purposes and for all descriptions of trafl&c have the right of passage with horses or carriages or on foot through the arches under the embankment which will be made on the land coloured red on the said Plan No. 1 and shall also have the right of using the drains or sewers in the said streets for the purpose of draining the bridge on which Argyle Street is to be carried over the North-eastern Eailway. 6. All works under this agreement shall be executed in accordance with the said plans and drawings and shall be let by public tender in one contract which shall contain a stipulation that the same shall be completed within eighteen months from the date thereof. 7. The cost of executing the said works and all costs and expenses connected therewith or incident thereto (except as herein otherwise expressly provided) including interest at the rate of five per cent, per annum on the moneys from time to time expended by the Company from the dates of the expenditure thereof until the 120 Hill (Dkypool) Bkidge and iMntovEMEsis Act, 1885. final coiupletion of the works shall be borne aud paid as follows that is to say two thirds thereof by the Compauy and one third thereof by the Authority A certificate signed by the engineer of the Company and the engineer of the Authority or in the event of their difference by an umpire tu be appointed by them or if they shall disagree by the Board of Trade shall be linal and conclusive as to the completion of the works and as to the amount of such cost aud the Authority shall pay to the Company their aforesaid proportion of the sum named in such certificate on demand upon the completion of the works. 8. The bridge over the Xorth-eastern Railway and the road- way thereon shall after the completion thereof be maintained by the Company at their own cost and the rest of the said works shall after the completion thereof be maintained by the Authority at their own cost. 9. If hereafter it shall be deemed advisable by the Authority to erect upon their laud abutting on the approaches to the bridge houses shops or other buildings with frontages to the approaches they shall be at liberty so to do and may for such purpose use the retaining walls or other portions of the works executed under this agreement so far as may be necessary and may also authorise the owners of any property fronting or abutting such approaches to do likewise Provided that the Company shall in like manner be at liberty to use the retaining walls or other portions of the said works in building upon their land. 10. If and whenever any dispute or question shall arise between the Company and the Authority touching this agreement or anything herein contained or the construction hereof or the rights duties or liabihties in relation to the premises the matter in differ- ence shall (except as otherwise herein provided) be referred to two arbitrators or their umpire in all respects pursuant to the Common Law Procedure Act 1854 or any Act amending the same And such submission may be made a rule of Her Majestys High Court of Justice at the instance of either the Company or the Authority without any notice to the other of them. 11. The Authority will at their own expense take any steps which may be necessary for obtaining proper legal authority for the execution of the said works if the execution of the same is not within the powers of the Compauy or of the Authority and for Hull (Drypool) Bridge and Improvements Act, 1885. 121 extinguishing all rights of way if any over the said hind coloured green on the said Plan No. 1 and if it should he found that the said works cannot be carried out without new statutory powers this agreement is made subject to such alterations as Parliament may think fit to make therein. In witness whereof the Company and the Authority have hereunto set their respective common seals the day and year first above written. The common seal of the North-eastern Kail- way Company was hereunto affixed in the presence of' W. Fairlamb, Secretary's Office, York. C.N.W. Sealed with the common seal of the Cor- poration in the presence of S. Geo. Duncan, Town Clerk's Department, Town Hall, Hull. 122 PitoTisioxAL Ohder, 1886. BOROUGH OF KINGSTON-UPON-HULL. PROVISIONAL ORDER. Dated 8th June, 1886. Confirmed by the Local Government Board's Provisional Orders Confirmation (No. 10) Ad, 1886, 50 Vict., Ch. XVI. Royal Assent, 25th September, 1886. From and after the date of the Act of Parhament confirming this Order, the Act of 1882 shall be altered so as to provide that, notwithstanding anything in Section 6 or in the First Schedule contained, the following portions of the said Provisional Orders and so much of the Confirming Acts as relate thereto shall be deemed to have remained in force as from the passing of the Act of 1882, and to be in force in the Borough ; viz., — Articles 5 to 22 (both inclusive) of the Order of 1862. Articles 6, and 9 to 15 (both inclusive) of the Order of 1871. • Article 3 of the Order of 1877. Articles 2 to 19 (both inclusive) of the Order of 1880. • This Article teas partially repealed by the Provisicnoi Order of IttUa. Art. II. p. 132. Pkomsional Ordeb, 1888. 123 BOROUGH OF KINGSTON-UPON-HULL. PROVISIONAL ORDER, Dated 29th May, 1888. Confirmed by the Local Government Board's Provisional Orders Confirmation (No. 11) Act, 1888, 51 d- 52 Vict., Ch. CXXXI. Royal Assent, 24th July, 1888. Art. I. Section 11 of the * Act of 1881 shall be altered so as to provide that, notwithstanding sub-section (2.) of that section, any resolution for the creation of Corporation Stock passed after the commencement of this Order may provide that such stock shall be redeemable by the Corporation at par, that is to say, at the rate of one hundred pounds sterling for every nominal amount of one hundred pounds stock issued, at or after such time and in such manner as the Corporation by that resolution declare. Such stock shall be designated by the Corporation as Hull Corporation Redeemable Stock. Any certificate of stock granted in respect of Corporation Redeemable Stock created after the commencement of this Order shall have endorsed upon it the conditions upon which such stock is redeemable. * Hull Corporation Loans Act, 1881. 121 Provisional Order, 1889. BOROUGH OF KINGSTON-UPON-HULL. PKOVISION.\L ORDER, Dated 21st January, 1889. Confirmed by the Local Government Board's Provisional Order Confirviation (No. 7) Act, 1889, 52 dt 63 Vict., Ch. CVII. Royal Assent, 20th July, 1889. Art. I. The 'Local Act shall be altered so as to provide tha it may be cited for any purpose as " The Kingston-upon-HuU Improvement Act, 1854." Art. II. The Local Act shall be further altered so that the provisions of the Town Police Clauses Act, 1847, with respect to hackney carriages, shall be incorporated therewith. Art. III. The Local Act shall be further altered so as to provide as follows : — (1.) The terms " hackney coaches," " hackney carriages," "hackney carriage," "carriages," or " carriage," whenever used in such of the provisions of the Town Police Clauses Act, 1847, by this Order incorporated with the Local Act, as are referred to in subdivision (2) of this Article, shall, anything in Section 38 of the Town Pohce Clauses Act, 1847, notwithstanding, be deemed to include every omnibus ; and such pro^^sions shall apply to the owners and drivers of every omnibus, and the provisions of Sec- tion 39 of the last-mentioned Act shall apply to omnibus licenses, (2.) The following are the provisions of the Town Police Clauses Act, 1847, to which reference is made in subdivision (1) of this Article, viz., Sections 37, 40 to 52, both inclusive, 54, 68, and GO to 07, both inclusive, and so much of Section 68 as enables the Corporation from time to time to make byelaws for all or any of the following purposes ; that is to say, — For regulating the conduct of the proprietors and drivers of hackney carriages plying within the prescribed distance in their several employments, and determin- * An Act for the further improvement of Kingston-upon-Uull, and for other purpose*. Provisional Order, 1889. 125 ing whether such drivers shall wear any and what badges ; For regulating the manner in which the number of each carriage, corresponding with the number of its license, shall be displayed ; For regulating the number of persons to be carried by such hackney carriages, and in what manner such number is to be shown on such carriage ; For fixing the stands for such hackney carriages ; For securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereof. Provided that the expression " within the prescribed dis- tance" in Sections 37, 45, 46, 51, and 68 of the Town Police Clauses Act, 1847, shall, for the purposes of the Local Act, as hereby altered, mean within the Borough, and whenever the word " driver " or " drivers " occurs in any of the sections of the Town Police Clauses Act, 1847, mentioned in this Article, it shall be deemed to include every conductor of any omnibus. Provided further, that, for the purposes of Sections 54, 58, and 66 of the Town Police Clauses Act, 1847, the fare, accord- ing to the statement of fares exhibited on any omnibus, shall be deemed to be the fare allowed by the special Act, or the fare authorised by a byelaw under the special Act. Provided also, that nothing in this Order contained shall empower the Corporation to fix the site of the stand of any omnibus in any railway station or in any yard adjoining or connected therewith, except with the consent of the railway company owning such site. (3.) A license granted to a di-iver or conductor under the Local Act, as hereby altered, shall only authorise the holder thereof to act as driver or conductor of the class or description of carriage specified in such license, and shall be in force for one year only from the date thereof, or until the next general licensing meeting, in case any annual hcensing day be appointed, and shall be subject to the power of suspension or revocation provided for by Section 60 of the Town Police Clauses Act, 1847. 126 Provisiosai. Order. 1880. Art. IV. The Local Act shall he further altered so as to provide that the Corporation may make In-elaws for all or any of the followinpr purposes : viz., — (1.) To pro^^de for the exhihition on some conspicious part of any omnibus of a statement, in legible letters and figures, of fares to be demanded and received from the persons using, or carried for hire in, such omnibus ; (2.) To prevent within the Borough — (a.) The owner, driver, or conductor of any omnibus, or any other person on their behalf, by touting, calling out, or otherwise, from importuning any person to use, or to be carried in, such omnibus, to the annoyance of such person, or of any other person ; (6.) The blowing of, or playing upon, horns or other musical instruments, or the ringing of bells, by the driver or conductor of any omnibus, or by any person travelling by or using any such omnibus ; (3.) To fix the points within the Borough at which any omnibus shall or may take up and set down passengers. Art. V. The Local Act shall be further altered so as to provide that, (1.) For the purposes of that Act, as altered by this Order, the term "omnibus" shall mean every omnibus, char-a- banc, waggonette, stage-coach, and other carriage, plying, or standing for hire by, or used to carry passengers at separate fares to or from any part of the Borough (except tramway cars and carriages licensed by the Corporation under the provisions of the Tramways Act, 1870, or of any Provisional Order made thereunder and confirmed by Parliament), but nothing in this Order contained shall affect any omnibus bringing into the Borough passengers carried at separate fares, but not piling or standing for hire in the Borough, or the owner, driver, and conductor of any such last-mentioned omnibus. (2.) The provisions contained in the Public Health Act. 1875, with respect to byelaws, and the penalties which may be imposed thereby, and the recovery and application of penalties, shall apply to all byelaws made, altered, or Provisional Ordeb, 1889. 127 repealed by the Corporation under the provisions of the Local Act as hereby altered, or of this Order, and to all penalties imposed thereby, and to all penalties imposed by any of the sections of the Town Police Clauses Act, 1847, mentioned in this Order, so far as they are by this Order rendered applicable to omnibuses, and their owners, drivers, and conductors. 128 Pbovisionai. Obder. 1890. BOROUGH OF KINGSTON-UPON-HULL. PROVISIONAL ORDER, Dated 9th Juno, 1890. Confirmed by the Local Government Board's Provisional Order Confirmation (No. 14) Act, 1890, .53 and r,4; Vict., Ch. CCIII. Royal Assent, 14th August, 1890. Art. I. The Corporation may from time to time by resolution determine that any sum or sums which the Kingston-upon-Hull School Board or the Guardians of the Poor of the Kingston-upou- Hull Incorporation (hereinafter respectively referred to as '' the borrowing authority ") may be authorised to borrow or re-borrow upon the security of any rates or funds, and which the borrowing authority may be desirous of borro\sing from the Corporation, shall be lent by the Corporation accordingly. [Note. — This Article is amended bi/ the Provisional Order of 1895, Art. I., page 13'), by the insertion, after the word ^* Incor- poration," of the words " or the Hull and Goole Port Sanitary Authority."} Art. II. Any sum or sums which the Corporation shall resolve to lend as aforesaid shall, if borrowed by the Corporation, be raised by the issue of Hull Corporation Redeemable Stock according to the provisions of the Local 'Act, as altered by the fOrder. Art. III. (1.) When, under the authority of this Order, the Corporation lend any money to the borrowing authority, the consent or sanction of the Local Government Board or of the Education Department, as the case may be, to the borrowing of such money shall be conclusive evidence that at the date of such consent or sanction the borrowing authority had power to borrow such money. (2.) Where any sum is lent by the Corporation tnider this Order to the borrowing authority it shall be lent for a period not exceeding that for which the borrowing authority is authorised to borrow or re-borrow the same, and with a provision for repayment by instalments. (3.) If any sum payable to the Corporation for principal sliall not be received within six months of the time appointed for the • Hull Corporation Loans Act, 1881. ' Provisional Order of 1888. Provisional Order, 1890. 129 payment thereof, a like sum shall be set apart out of the borough fund, and applied or invested in place thereof by the Corporation ; and if after such application or investment the sum, or any part thereof, shall be received by the Corporation, the same shall be carried to the credit of the borough fund. Provided that where any money is raised under Article 2 of this Order by the issue of Hull Corporation Redeemable Stock, all sums received for interest and principal, or to be set apart out of the borough fund under paragraph (3) of this Article, shall be paid into the loans fund under the Local Act. Art. IV. Section 4 of the Local Act shall be deemed to have been altered as from the passing of the Local Act by the insertion of the following provisions ; viz., — " For raising " (1.) Any sum required for the payment off or redemption " of any Corporation Stock, mortgage, bond, debenture, " debenture stock, annuity, rentcharge, or other security " granted or created, or redeemable, or payable by them, " which sum may include the amount of any payment " made to the holder of any such security for his consent, " or for compensating him for such payment off or " redemption, or for the substitution of Corporation Stock " for his security ; " (2.) Any sum payable under Article V. of this Order ; and " (3.) Any sums properly chargeable to capital and paid as " commissions, discounts, or expenses in respect of any " Corporation Stock." Art. V. Section 9 of the Local Act shall be deemed to have authorised as from the passing of the Local Act, and to authorise the Corporation to enter into an arrangement with the holder of any security legally granted, or redeemable, or payable by them for the redemption thereof by payment of such an amount in money or Corporation Stock, or partly in one and partly in the other, as may be mutually agreed upon. Art. VI. Sections 34 and 35 of the Local Act shall be altered so as to provide that any stock issued for the purposes mentioned in Articles IV. and V. of this Order shall be deemed to have been raised by virtue of the statutory borrowing powers under which 130 Pbo VISIONAL Ordeb, 1890. the security or stock in respect of which the premium, commission, discount, or expense to be paid out of the moneys raised by such issue of stock was paid or incurred was granted or created, and shall be redeemable accordingly. Art. VII. Section 44 of the 'Local Act from its commence- ment to and including sub-section (i), and so much of the Confirming Act as relates to Article II. of the f Order are hereby repealed, except so far as they have been acted upon, and iu lieu of the repealed enactments the following provisions shall have effect as if they were inserted before the unrepealed part of the said Section 44; viz., — " The treasurer of the borough shall, within forty-two days " after the Twenty-fifth day of March in each year, " transmit to the Local Government Board an abstract " (verified by statutory declaration if so required by that " Board) of the accounts of the Corporation relating to " Corporation Stock and the loans fund in a form pre- " scribed by that Board, which they shall have power from " time to time to alter." [Note. — This Article is atnended by the Provisional Order of 1895, Art. II., page 135, by the substitution for the words " Sub- Section (i) " of tlie following words : The paragraph reading " (z) The total amount of the Cor- poration Stock then remaining unredeemed."] Art. VIII. Section 46 of the Local Act shall be altered by the omission therefrom of the words " under any of the Borough Acts " be authorised to borrow at any time after the passing of this " Act," and by the insertion in lieu thereof of the words " for the "time being be authorised to borrow, re-borrow, or continue on " loan, or, being in the nature of an annuity or rent charge, to " redeem or pay off or continue payment of." • Hull Corporation Loans Act, 1881. f Provisional Order of ltt88. Provisional Order, 1893. 131 BOROUGH OF KINGSTON-UPON-HULL. PROVISIONAL ORDER, Dated 18th May, 1893. Confirmed hy the Local Government Board's Provisional Orders Confirmation (No. 15) Ad, 1893, 56 <£■ 57 Vict., Ch. CLXXXIX. Royal Assent, 24th August, 1893. Art. I. Notwithstanding the following provisions of the •Local Act, of the Confirming Act of 1877, and of the Confirming Act of 1886 ; that is to say, — Of the Local Act : — Section 79 ; Section 88, so far as relates to drains to new buildings ; and Section 98 as amended by Article III. of the Provisional Order of 1877, so far as it requires that every court, alley, square, or inclosure for houses to be thereafter rebuilt shall have an open area, or be of such width as the Corporation may determine in each case, and that every court, alleyi square or inclosure for houses to be thereafter built or con- structed on vacant ground (not being the site of any court or square theretofore formed or built immediately pre- viously to such construction) shall have an open area, or be of the width of twenty feet at the least, measuring from front to front of the houses therein, and that the same area and width shall extend from the street through- out such court, alley, square, or inclosure, and be open from the ground upwards ; The following words of Section 99, viz., " and every house " to be hereafter constructed on vacant ground (not being " situate at the comer of a street or place, or not being " the site of any other house erected thereon immediately " prior to such construction) shall have a back yard, or " other vacant ground and area, open from the ground up- " wards, of not less than eight feet, extending from the " main building for the whole length of such building, pro- " vided that within that space or area the pantry, coal- " house, and privy, not exceeding nine feet in height, and " not covering more than forty-eight superficial feet of the " above area, may be there constructed " ; * Kingston-vpon-HuU Improvement Act, 1864. 132 Pbovisional Okdeb, 1893. The Confirming Acts of 1877 and 1886, so far as they confirm the following words of Article III. of the Order of 1877, viz., " in every case where the average height of the " houses in any court, alley, square, or inclosure for " houses to be hereafter built or constructed on vacant " ground (not being the site of any court or square there- " tofore formed or built immediately previously to such " construction) exceeds twenty feet, such court, alley, " square, or inclosure shall have an open area, or be of a " width, measuring from front to front, of not less than " the average height of such houses, unless such height is " more than thirty feet, in which case the width of the " open area shall be at least thirty feet, and that " the Corporation may forthwith, under and in accordance with the provisions of the Public Health Act, 1875, and any Act amending or extending that Act, make byelaws in regard to any of the matters to which those provisions relate. Art. II. On the expiration of one j'ear from the commence- ment of this Order, or of such longer period, not exceeding two years from the commencement of this Order, as the Local Government Board may determine, the sections and parts of sections of the Local Act mentioned in Article I. of this Order, and the Confirm- ing Acts of 1877 and 188G, so far as they relate to the part of Article III. of the Order of 1877, mentioned in Article I. of this Order, shall, to the extent referred to in Article I. of this Order, be repealed, except so far as the same may have been acted upon ; but if before the expiration of such period as aforesaid any byelaw made by the Corporation under Article I. of this Order with regard to the subject-matter of any of the said sections or parts of sections, or the said part of Article III. of the Order of 1877, shall come into operation, the section or part of a section of the Local Act or the Confirming Acts of 1877 and 1886, so far as they confirm the said part of Article III. of the Order of 1877 relating to the same subject- matter, shall thereupon be repealed, without waiting for the expira- tion of the said period. Wherever in the unrepealed provisions of the Local Act, or of any Act or Provisional Order amending that Act, reference is made to such repealed provisions, the same shall be deemed to refer to the byelaws relating to matters similar to • Kingston-upon^Hull Improvement Act, 1854 Peovisional Obdeb, 1893. 133 those mentioned in such repealed provisions : Provided that such repeal shall not affect any right, title, obligation, or liability acquired or accrued under such repealed provisions. Art. III. The Local Act shall be amended by the addition thereto of the following provisions : — (1.) Every dwelling-house to be hereafter built in any street, otherwise than on the site of any other house, shall, where necessary, be provided with a secondary means of access for the purpose of removing therefrom the contents of the receptacle of any privy, or of any ashpit, or of any cesspool, without carrying such contents through any dwelling-house. (2.) The Corporation "may, from time to time, make Bye-laws with respect to the level, width, and construction of such secondary means of access, whether the same are streets within the meaning of the Public Health Acts or not. , (3.) The provisions contained in the Public Health Act, 1875, with respect to byelaws and the penalties which may be imposed thereby, and the recovery and apphcation of penalties shall apply to all byelaws made under this Article and under subdivision (5) of Article IV. of this Order, and to aU penalties imposed thereby. Art. IV. Section 101 of the Local Act shall be amended by the addition thereto of the following provisions : — (1.) It shall not be necessary to furnish to the Corporation any plan of a building which is exempt from the provisions of the Acts or of the byelaws for the time being in force in the Borough. (2.) In the case of any building erected after the commencement of this Order, and exempt at the time of its erection from the provisions of the Local Acts or of any byelaws for the time being in force in the Borough, with respect to new buildings, by reason of its being intended to be used for any particular purpose, no person shall use such building, or cause or sufier the same to be used, for any purpose not within the exemp- tion unless and until the same shall conform to such of the requirements of those Acts and byelaws as are applicable to a building used for the intended purpose. 134 Provisional Order, 1893. (3.) Where any person shall have erected any building which is exempt from the operation of any byelaw by reason of such building not being within a prescribed distance from any other building, he shall not, without the consent in writing of the Corporation, erect any other building within such distance from the first-mentioned building. (4.) The approval by the C!orporation of any plan or section for a new street or new building, or the rebuilding or alteration of a building, shall be null and void if the execution of the work shown on such plan be not commenced within the following periods ; (that is to say,) — As to plans approved after the commencement of this Order, witnin three years from the date of such approval ; and As to plans approved before the commencement of this Order, within three years from the commencement of this Order ; and after the expiration of those respective periods fresh notice and deposit of plans and sections shall, unless the Corporation otherwise determine, be requisite. (5.) The Corporation may, from time to time, make byelaws to provide for the retention by them of any plan, or plan and section, furnished to them in pursuance of any Act or byelaw for the time being in force in the Borough. Art. V. Section 101 of the Local Act shall be further amended so as to include a provision that nothing in the said section contained, or in this Order, shall be deemed to restrict or in any manner interfere with the powers of the Corporation to make byelaws under any other Act with respect to the deposit of plans of buildings. .\rt. VI. Any person who deems himself aggrieved by any requirement or order of the Corporation under subdivision (1) of Article III. of this Order, or any refusal of the Corporation to give consent under subdivision (3) of Article TV. of this Order, may appeal in manner provided by Hhe Summary Jurisdiction Acts to the next practicable Borough Court of Quarter Sessions. Provisional Order, 1895. 135 BOROUGH OF KINGSTON-UPON-HULL. PEOVISIONAL ORDER, Dated 1st May, 1895. Confirmed by the Local Government Board's Provisional Orders Confirmatioyi (No. 6) Act, 1895, 58 and 59 Vict., Ch. LXXXVII. Royal Assent, 6th July, 1895. Art. I. The Confirming Act* shall be altered by the in- sertion in Article I. of the Order f after the word " Incorporation " of the words " or the Hull and Goole Port Sanitary Authority." Art. II. The Confirming Act shall be further altered so that the words " the paragraph reading ' (i) The total amount of the " ' Corporation Stock then remaining unredeemed ' " shall be deemed as from the passing of the Confirming Act to have been substituted in Article VII. of the Order for the words " sub- section (1)." Art. III. This Order may be cited as the Kingston-upon-Hull Order, 1895. * Local Government Board's Provisional Order Confirmation (No. 14) Act, 1890. + Provisional Order of 1890. 138 ISDBX. APPEAL. iHMialtv for nuisances not lo be inflirtod until aftor determination of, 8 S 106. right of, from Corporation rates, 79 S OS. to Police Magistrate by persons aggrieved by apiwriionnient of privalo iuiprorcnient expcnues, 88 S lu3(8). Quarter Sessions by persons aggrieved by rat*'?, orders, convirtions, &c., 84 S 89. refusal of certificate for occupation of houses, 98 .S 2. APPORTIONMENT of expenses due to Corporation in respect of lands or buildings in lease, 85 S 96. of private improvement exjK'nseii, 8X S 103 (1). ARBITRATIONS to be continued notwithstanding repeal of enactments, 61 S 6 (2b). ARBITRATORS, provisions for appointment of. 112. 1 1.3 S 28. ARCHES in or under streets to be kept in repair by owners, 4 S 90. may be repaired by Local Board in default of owner's, 4 S 90. penalty for failing to keep in repair, 4 S 90. AREAS, back, for houses at corners of streets to be provided at discretion of Local Board. 5 S 99. dimensions to be determined by Local Board, 6 S 99. ARGYLE STREET. Corporation may divert and widon, 102 S 4 (4). Corporation may make street or road in continuation of, 102 S 4 (.*)). stop up and discontinue part of, 107 S 20. extension of, 82 S73(l). ARGYLE STREET BRIDGE, agreement between Corporation and North Eastern Railway Company, 115 S 36, 118. Coq)oration may make, 102 S 4 (5). ASHES, &c., may be collected for sale or shipment by permission of Local Board, 2 S 75. penalty on persons collecting or cariying away without authority of Local Board, 2 S 74. ASHPITS, power for Surveyor to inspect, 3 S 87. ASSESSMENTS, Dock Company may claim exemption from, notwithstanding repealed provisions, 90 S 112. Docks, 11 S 122. exemption of Dock Company and their tenants from, 10 S121, IJ S 123. . existing, to remain in fon-e in added part of Borough until general reassesament 79 SG9. not to be quashed for want of form, 84 8 91. partial exemption of occupiers of arable land, &c., land covered with water, canals, towing paths and railways from, 12 S 135, 75 8 51. Index. 139 ASYH'M. nil. to TOst ill Cm-|it)riii,ion and W sold, ~S S 62(3). powor for Corporation to i;onstnict road from Trinity street to grounds of old, 82. Willerby, vesting in Corporation of. "H 8 (i2 (2). .\SYLUM LANE, Corpor.ition may .*lo[) up or discontinue part, of, 107 S 20. ATTORNEY, before acting on, Bunk may require declarations in proof of alleged infancy or unsoundness of mind, 42 S 28 (d). Letter of, in cases of infants or persons of unsound mind, &c., for receipt of interest, 42 S 28 (d). power of, for transfer of stock. Bank may require to be under seal and attested, 42 S 28 (a). AWARDS to be \alid notwithstanding repeal of enactments 61 S 6 (2a). BACKWAYS to houses, Corporation may nialje byelaws with respect to, 131, 132 S 1. BADGES to be worn by drivers of hackney carriages, Corporation may make byelaws with respect to, 125 S 3 (2). BANK, Corporation may appoint, to be registrar of stock, 37 S 12(4). Stock Coupons, payment of, at specified, 40 S 22 (3). BANK OF ENGLAND, arrangements with, or other bank for issue and transfer of Corporation Stock, 42 S 28. as registrar, may require every power of attorney to transfer stock to be under .seal and attested, 42 S 28 (a), before acting on letter of attorney, in cases where joint holder of stock is an infant or person of unsound mind may require proof of alleged infancy or unsoundness of mind, 42 S 28 (d). paying interest, may require evidence, by statutory declaration or otherwise, of title of person claiming right to receive, 42 S 28 (c) may require^ executors who have proved will to join in transfer of stock of deceased holder, 43 S 28 (e) BANKRUPTCY, persons becoming entitled to stock by, to produce such evidence of title as may be required, and may transfer stock without being registered, ||{ 39 819(2). proceedings, town clerk may represent Corporation in, 85 S 94. BASINS of Victoria and Railway Docks for purposes of lighting to be deemed public streets, and to be lighted by Local Board, 10 S 120. BEEKSIIOPS, urinals tn be provided, atid cleansed every day, by owners or occupiers, 7 S104. BEVERLEY & BARMSTON DRAINAGE COMMISSIONERS, rights of, not to be prejudiced, 91 S 118. BEVERLEY & SKIDBY' DRAINAGE TRUSTEES, rights of, not to be prejudiced, 92 S 119. un Index. HLOOn BOILINO, procredingt for abatement of nuigancos from, 7 8 105. HOARD OF TRADE, bye-laws for licensinR, 4c., corn meters and weighers, subjecl to rontinnntion by, 87 8 100. Drypool Bridpc, bye-laws and regulntinns ns to workiiif; to be approved by, 105 S12. deviationB from deposited plans, to be approved by, 107 S 19. disBpreenients, to be d hy, 105 S 12. li^lit.s to be exhibited during construction of, as required by, 104 S 9. may abate, alter, and remove, nt cost of Cor|K)ration, if commenced, constructed, or altered witliont ap)iroval, 104 S7. not to be altertnl or extondeil without consent of, 104 8 7. plans of, to be approved liy. 104 S7. to be constructed only in accordance with approval of, 104 8 7. foreshore not to Ih" interfered with by Corporation without consent of, 116 S38. may nlmic. .iltcr or remove abandoned works of Corporation afiecting any tidal or navigable water or river, 106 R 17. and remove works constructed on foreshore without their consent, 24 S 6. survey of works of Corporation aflocting tidal or navigable waters or rivers may be ordered by, 106 S 16. costs of, to be defrayed by Corporation, 106 8 16. BONDS, Corporation may create stock to pay ofif, 34 S 4, 129 S 4. BONE BOILING or crushing, procedure as to nuisances arising from, 7 S 105. BOOKS and documents receivable as evidence notwithstanding repeal of enactments, 61 8 6 (2d). Bankers' Books Evidence Act, 1879, to apply to all, kept by registrar of stock. 42 8 28(d). Newingtou Local Board, to be evidence notwithstanding dissolution, 68 S 35. reference, errors in may be corrected by justices, 108 S25. BOROUOH, added part of, building?, &c., of Cottingham Local Board and Scnlcoates Rural Sanitary Authority in, to vest in Corporation, 68 8 36 (2). bye-laws and regulations of former school authorities in, to cease, 72 8 44. definition of, 59 8 5. for purposes of burgess roll, shall be deemed to have always been part of, 66 S27. jurisdiction of Cottingham Local Board and Sculcoates Rural SaniUry Authority in. to cease. 68 8 36(1). to be part of County of Kingston -upon-Hull. 64 S 14. byelaws, 4r., to apply to extendeorrowed for purposes of Borou>fli .\cts to l>e deemed to have l>cen created for such purposes. 35 S 5. sums payable for principal or interest of moneys liorrowed by Cor|>oration to b« parable in first instance out of district fund and general district raU.', 31 S 12. trustees or executors empowereoration to proride, 105 S 12. oxerciBitig powers unfairly bliall l>c liable to penalty, 106 S 14. |>enalty on, for receiving bribe or reward, lt»6 S 15. j)ersons offering rewards or bribes to, 100 S 15. BUILDINGS, any person building, rebuilding, or altering any building, messuage, itc. sewer, drain, &c., without consent of Local Board. t« l>e liable to penalty, 23 Sll. application of proceeds of sale of, by Corporation, 73 S 4S. Corporation, with con.scnt of Treasury, may sell on rent charge, 76 S 57. exempt from provisions of Acts or bye-laws, plans of. need not be furnished, 6 84(1), 133 84(1). not to be used for any purpose not within the exemption unless they con- form to requirements of such Acts and byelaws. 6 S 101, 133 S 4 (2). hereafter built or re-built not to be used as dwelling-houses except there be adjoining street or open space of prescribed width, 5 S97. in lease, expenses in respect of, may be apportioned between lessees and rever- sioners. 85 8 96. intended to be built or re-built, plans of, to be furnished torrow.-orrowing powers nf Cor|ioratiou. 35 S G. Stock created to |pa_v off moneys Iwrrowrd for parpofscs of Borou)fli Acts to lie deemed to have l>een created for snch purpose.", 35 S 5. sums payable for principal or interest of moneys liorroweil by Corporation to be payable in first instance out of district fund and general district rate. 31 S 12. trustees or executors empowered to invest money in debentures or debenture stock of any railway, may invest the same in del)cntureR issued by Corporation, 32S17. under Borough Acts, not abridged by Loans Act, 34 S 4 . BOUNDARIES of Borough extended, (32 S9. BOXES, Signal, North Eastern Railway Company's, may project l)eyond frontage of street. 83 S76. BRIDCiE MASTER, Dryjwol Bridge, Corporation to provide, 105 S 12. crercisiTig power.> unfairly hliall bo liable to penalty, lOfi S 14. penalty on, for receiving brib<" or reward, IdC S 15. ])erson3 offering rewards or bribes to, IOC S 15. BUILDINGS, any person building, rebuilding, or altering any building, messuage, &c., sewer, drain. &c., without consent of Local Board, to lie liable to penalty, 23 S 1 1 . ap[>lication of proceeds of sale of, by Corporation, 73 S 48. Corporation, with consent of Treasury, may sell on rent charge, 76 S 57. exempt from provisions of Acts or byo-laws, plans of, need not be furnished, C S4(l), 133 S4(l). not to be used for any purpose not within the exemption unlefs they con- form to requirements of such Acts and byclaws, C S 101. 133 S 4 (2). hereafter liuilt or rc-built not to be n.sed as dwelling-houses except there be adjoining street or open space of prescribed width, 5 S97. in lease, expenses in respect of, may be apportioned between lessees and rever- sioners. 85 S 9C. intended to be built or re-bnilt, plans of, to be furnished Ut Local Board. S 101 . lamps, lamp-posts, &c., not to be fixed upon, without consent of owner niu\ occupier, 1 S 31. Local Board may enter upon and ri-movc, to render streets more commodious, I S22. set up lamps, lamp-[K>sts, lamp-irons, A'c, upon, 1 S31. not commenced within specifieontii»iiod), L>i jwrtcr*. coal carrieri, &c., 10 S115. Local Board may mnko, for licensing iiOTtfTS, porters' carts, &c., 9 S 115. prcTcntinfc fraads in the salr of coal<> and water. 10 S ll.'t. (rjingand panishing miBoonductof portors. coal carrior?, Ac. 10 s no. made l>_v Corporation in relation to wator supply not to extend to area of Newinirton V\'at<>r Company. 65 K 2if liurouKli, <>5 S 2ii. not to apply to buildings erected by North-Kastern Railway for railway purpose.^. 83 S 76. of former School authorities to cease in added part of Horoujfli. 72 S44. jienalty for breach of, lii5 SIS. provisions of Public Health Act, 1875, and other Arts, &c., with re9i>ect to, and penalties imposed thereby and recovery, &c.. of penalties to apply to all byclaws made by Corporation, so far as by Order of 1h8!( they are rendered applicable to omnibuses, and owners, drivers, and conductors, 126 S5(2). rifjuirinp conKrmation by Board of Trade, exception as to, 87 S '.•9. retention of jdan-*, 134 8 4(5). School Board, to apply to extended Borough, 72 S 44. secondary mean.') of apce.«s to houses, 133 S3 (2). provisions of i'ublii' Health Act. 1875. to apply to. 138 8 3(2). .sections of I'ublir Health .\ct, to upjily to alteration and repeal of, Sfi S 91>. CABINS, sifinal. North Kastern Railway Company's, may project beyond frontnife line of street. n3 S 76. CANALS, occupiers of, assessment of at one-fourth of net yearly value, 12 S 185. 75 S51, rating of. 12 S 185. 45 S 88, 76 8 61. CANULK UOUSKS, procedure as to nuisances arising from. 7 S 1()5. CARMEN. Local Board may make byelaws for trying and punishing misconduct of, and truckmen and labourers ; for fi-xing rnt-^s and fares to be taken : and distances vvliieli tliey slinll be obliged to go and come. 1(1 S 115. CAHR L.\NK, Cor]ioration may widen and improve, «2 S73(2). owners may be required to sell parts only of lands and buildings in. 83 S 75. CARRIAOE WAYS, Corporation may cause parts of improvements to Ix" laid out as. 113 S29. Corporation may in laying out exercise powers vested in any Local Board or Urban Sanitary .\uthority, 113 S 29. stop up during improvements, 107 S 21. CARRIAGES. Local Board may make byelaws for fixing sUnds for, 10 S 115. licencing and regulating, '.) .S 115. penalty for caating to ft«Dd in streets longer than necessary. 9 S 111. IjfDKX. 145 CARTS, employed bv every owner in delivery of coal to be registered, 15 S 1G7. Local Board may make byelaws for fixing stands for, 10 S llf). licensing and regulating, 9 S 115. penalty for causing, to stand in streets longer than necessary, 9 Sill. CELLARS, Corporation may construct, 113 S 29. in or under streets may be repaired by Local Board, in default of owners, 4 S 90. penalty for failing to keep in repair, 4 S 90. vaults, arches and drains under streets to be kept in repair by owners, 4 S 90. windows, cellar steps, &c., not to be made without consent of Local Board, 3 S 84. CERTIFICATES, Coal Inspector's, to be affixed to mast of vessels, or on board &c., in front of coal heap, 17 S 10. granted in respect of redeemable stock to be endorsed with conditions of redemption, 37 SI 123 SI. inspector may direct manner and place of exhibition of, 18 S 10. of errors in deposited plans and books of reference to be deposited with clerks of peace and parish clerks, 109 S 25. quantity, quality, and date of arrival of coals, to be giyen on receipt of tonnage rates, 17 S 9. CESSPOOLS may be inspected by Surveyor of Local Board, 3 S 87. CHANCERY, COURT OF, may, upon application, appoint receiver, in default of payment of Interest on Stock, 49 S 40 (1). CHARGES, for property left in hackney carriages, byelaws as to fixing of, 125 S 3 (2). houses and buildings, sold by Corporation, to be subject to perpetual rent, 76 S 57. stock issued in substitution for securities, to be liable to former, 36 S 9 (3). CHURCH SIDE, NORTH, Corporation may take houses, &c., at corner of, 82 S 73. CHURCH STREET, Corporation may take lands for completion of road to Fountain road, 82 S 73. CLARENCE STREET, Corporation may make approach road from, to Drypool Bridge, 102 8 4(3). CLEANSING, Corporation may by agreement with Dock Company undertake lighting, cleansing, &c., of streets, quays, &c., previously lighted, cleansed, &c.,by Company, 91 S 113. Corporation may fix sluices for flushing and cleansing Ferry Boat Dock, 28 S 5. Dock Company so long as they light and cleanse legal quay, adjoining ground, and parts of Trippott, they shall not bo liable to assessments for lighting and cleansing streets, 11 S 123. streets, quays, &c., lighted, repaired, maintained, cleansed or drained by Dock Company, still to be so lighted, &c., 90 S 113. CLERK OF THE PEACE, certificate of errors in deposited plans and books of reference to be deposited with, 109 S 25. jurisdiction, powers, &c., of, extended to extended Borough, 63 S 12, 14fi Ikpkx. ('I>KUKS. I'AUISH, OTtificat*'? <>f errors in iloj»siU»'>. CLOl'GIl R(.>AU, Corporation not touipelled t.. enlarge. 70 S 39. draiun^o of CoUini;hnin Lix-ai Koanl IHstrlct may be di!^'liari;''u lui" M'wcrs or drains in. 70 S .39. owners or occnpierf) of preuii.ves adjoining, not liable to flag or furui causeways, Ac, 75 S 53. sewers or drains in. to U- inuintained by Corporation, 7ed, 19 S 19. on inspector, meter, or weigher, for being interested in sale of, 15 S 176. owners of coal carts for not having requisite figures painted thereon, 19 S18. coals and masters of vessels carrying i»als for certain oflonces, 19 S17. porters or owners carrying coals in unregistered carts, l."> 6 1Gb. provisions of Improvement Act (1854) for punishing and jirevcnting frauds. Jcc, with resj)ect to, to l)c in force in district of Local Boanl, 16 8 5. ton of, to contain sixteen sacks. 14 S IGG. vendors, ileaiers, and carriers of, to use sacks of prescribed size, 14 S 165. COAL t A UHIKKS, inspector to account ev<'ry •lannary for moneys received from. 1« .S 1(1. Local Board may niaki' bye-laws for lic-ensing ami regulating, touching ijuality and measun- of coals to Ih? carried by, for fixing stands for. for trying and punishing mi.ieonduct of. for ascertaining and fixing rates, fares. Ac. to be taken by, and for fixing distances which coal carrier" shall go and coioe, 9 S 115, lit S 115. may reduce or raise regi>lration fe«!S of. 18 S l.'>. penalty on, tor not wearing tickets, or acting without l>ein); registered, 15 S 1G8. to be registered, 15 S 167, 18 S 14. wear and carry engraved and numl>ered tickets, 15 S KIT. I.s ."^ 12. COAL CAUTS, Local Board may make bye-laws for licensing and n-gulating, and for fixing stands for, 9 S 115, 10 S 115. ins[i«ctor to account, every .laiiuarj, for moneys rocx'iveii fees of, 18 SI 5. [M-naliy on. for iiui wcariii),' tickets, "f nctiiig nriihout being regiotori'd, l.'i 8 IG>S. rcgiriiraiioii. I") S lliS, {>■ 3 11. to wear engraved and numbered ticket*, 15 S 167, Ih 8 IS. ("OAly SACKS, Mayor nr otber jasticc to causi; ssi-k.-i found lo be doticii-nt to lie destroyed, 11 S 1C5, 18 Sll. to be capable of containing 140 lbs. of coals, 14 S 165, 18 S 11. marked with suck distinctive murk :i~ Lociil Hoard .sliall direct. IX S II. COALS, agents to \)e included in provisions of Improvement .Vet witb owners of coal, masters of vessels carrying roal and vendors of or dealers in coni, IC S 6. all iirosecutions respecting ofTences connected witli coal to be instituted by Local Board, L'O S 20. certiticates of, carrieil by water, in be affixed tir passing through district of Local Board, 10 S (i. on receiving tonnage rates, to give certificate setting forth quantity, quality, and date of arrival of, 17 S 9. Local Hoai-d may make liyelaws touchint; quality and ni'-isurc of coals carried by coal carriers, and touiliing weighiiii, and measuring thereof on delivery, and for preventing frauds ia sale of, and water, 10 8 115. owners of coal or masters of vessels carryiuj? ii I'l ilcliver original pit iiottamo, 17 8 8. where pit-note is defective, non-existont or lost, owner sliall deliver amount of coal verified by statutory declaration, to insjMictor, 17 8 7. COLLIERY, clerk or agent of, to send iluplicat4> pit notes to inspector, 17 8 7. COMMISSIONEU, costs of inquiry held by, to Ik- paid l>> Corporal i..ii. (;7 S 1'9. l>ower8 of, r.7 S 29. to be appointed by Local (jovornnieni Hoard to rt)|>ort on Wnrd.-< of extendetl Borough, CO 8 21. prepare scheme for allocating councillor.'' amongst mw wards, t)G 8 28. re|K)rt within limited tiiue, (!6 S 24. Ini>bx. 149 COMMISSIOXimS, Beverley and Rarmston Driiiiia.ifo, saving riglits of, 1)1 S US. Humbor Conservancy, Cor|iorafioii before comniencins; works on Hnmber foieslmre shall deliver plans to, 01 S 110. savinj!; rights of, ill S 117. of Sewers, enactment for protection of, 108 S (">. Public Works Loan, liability of Cottinghani Local Board to, not to be affected by Extension and Improvement Act, 1882, 71 S 40. COMMITTEE OF VISITORS, Council may confer powers of, under Lunatic Asylum Acts, upon any Committee, 78 S 63. COMMITTEES, acts and proceedings of, to lie deemed acts and proceedings of Council. 62 S8(l). Corporation may appoint, and may delegate powers and duties to, 62 S8(l.) Council may make regulations as to confirmation of proceedings of Committees. 62 S8(l). remove any member of a committee and may fill casual vacancies, 62 S8(l). may appoint sub-committees, 62 S 8 (2). not authorised to borrow money or make rate, 62 S 8 (2). • quorum of, to be determined by Council, 62 S 8 (1). COMMUTATION OF ANNUITIES, Council may agree with officers for, 74 8 49(8). COMPENSATION, amount of, and method of estimating, 74 S 49 (4-5). Corporation may agree for commutation of annuities paid as, 74 S 49 (8). shall pay to officers losing emoluments in consequence cf Extension and ImproTement Act, 73 S49 (1). to make, to persons whose property is injuriously affected by improve- ments, under Act of 1885, 108 S 22. for damage by severence of lands and buildings, 83 S 75, 114 S 30. done to water, gas, hydraulic, telegraphic or electric pipes, &c., 112 S 28 forfeit of right to, by officer in case of acceptance, &e., of office, 74 S 49 (9). may be made by way of annuity, 74 S 49 (2). of officers and servants of Corporation, 64 S 17. officers entitled to, 73 8 49 (1). shall not exceed two-thirds of salary and fees, 74 S 49 (6). to be payable by halt-yearly payments, 74 S49(7). CONSTABLE, SIR FREDERICK AUGUSTUS TALBOT CLIFFORD, rights of, not to be prejudiced, 93 S 123. CONSTABLE may destroy dogs or other animals suspected to be rabid, 9 S 109. may without warrant apprehend unknown person.s found committiDg offences against Extension and Improvement Act, 1882, 86 S 95. persons called to aid of, may apprehend unknown persons committing offences. 85 S 95. ISO Index. CONTRACTS, for water supply or lighting, jmlgiMS nr jnstices not disqnalified by being intere(!tc<(;i). punipii.c; engines to be borne by, 70 S38(2). rights of. to landing place :iiul ferry at Stom-ferry not to be prejudiced, 71 S +1, saving for, 72 S 4i'. sewer."! and drains of, in Cottingham Road and Olougli Road, to bo maintained by Corporation, 70 S 'M. COTTINGHAM ROAD AND CLOUGH ROAD, Corporation not compelled to enlarge sewers or drains in, 70 S 39. drainage of Cottingham Local Board district to lie discharged into sewers or drains in, 70 S39. owners or occupiers of premises adjoining not liable to flag or form causeways, &c,, 75 S 58. sewers and drains in to be maintained by Corporation, 70 S39. water supply, Corporation to be liable for balance of loan for, 71 S40. COTTINGHAM SCHOOL BOARD, debt of, for Londesborough Street School, to be satisfied by Hull School Board, 73 S 46. powers of, fur district included in extended Borough to cease, 72 S 4G. property of. in extended Borough, and dolits for jiroperty to be transferred to Hull School Board, 72 S 4C. COUNCII; to consist of 14 aldermen and 42 councillors, 06 S26. COUNCILLORS, each ward to return at least three, 66 S 26. election of, to take place as formerly, 66 S 28. to be allocated by order of Local Government Board, 66 S 23. forty-two in number, 66 S 26. hold office in allocated wards for residue of term, 66 S 25. represent, as far as possible, former constituents, 66 S 23. COURTS, alleys, squares or enclosures not to have tunnels or covered entrances, 5 S98. and passages to be flagged or paved and drained by owners to satisfaction of Local Board, 3 S83. Corporation, in connection with improvements, may alter, divert, stop up, or appropriate, 108 S 22. houses in, to be sufficiently drained by owners, 3 S 83. Local Board may do works in, in default of owners, 3 S 83. not to be used as carriage-way without consent of Urban Sanitary Authority, nor alley, square, &c., 26 S 3. owners of, to flag, pave and make drain through, 3 S 83. paving, metalling or materials of, altereil. diverted or stopped up, to vest in Cor- poration, 108 S22. ]ienalty for failing to flag, pave and drain, 3 S 83. to be hereafter rebuilt shall not have tunnels or covered entrances. 5 S 94. properly paved and drained prior to houses therien being occupied as dwelling-houses, 26 S3. 162 I MDBS. COURT OF COMPETENT JURISDICTION, .lefinition of, 60 Sf>. privnte improvement expenses, witli inU-rest, rocovernble in, 88 R 104. COURT OF RECORD, jari8cal Bnanl, 2 S 75. penalty on persons collecting or carrying awnv, without authority (4), 81 S72(8). definition of, 60 S 5. expenses of execution of Extension and ImprOTenienl .\i't. witli exceptions, to \>c paid out of, 78 S 64. moneys received by coal inspector to bo credited to, 18 S 16. sums received from corn and other meters to be corriwl to, 87 S 100. DOCK COMPANY, Coq>oration by ngroement with, niny undertake lighting, rjeniiHing, rejittiring and maintenance of streets. <|uays, Ac, previously lighted, Ac, by, HI S 113. Ikdex. 153 DOCK COMPAiSrY (continued), definition of, 60 S 5. exemption of.from liability to rates and assessments, 10 S 121, 11 S 122, 90 S 112. in respect of land covered with water to be assessed at one-fourth of the net yearly value, 11 S 122. meters and weighers appointed by, not subject to Corporation bye-laws, 87 S 100. saving rights of, 91 S 114, 107 S 18. so long as they light and cleanse legal quay and adjoining ground, &c., not to be liable to assessments for lighting and cleansing, 11 S 123. streets, quays, &c., lighted, repaired, maintained, eleansed, or drained by, still to be so lighted, &c., 90 S113. to be assessed in respect of docks in added part of the Borough at one-fourth of the net annual value, 79 S 07. DOCKS, in added part of borough to be assessed at one-fourth of net annual value, 79, S67. Railway and Victoria, quays, basins and entrances thereof, for purposes of lighting, to be deemed public streets, and to bo lighted by Local Board, 10 S120. rating of, 45 S 33. DOCUMENTS, Bankers' Books Evidence Act, 1879, to apply to all, kept by registrar of stock, 42 S 28 (b). issued by Corporation, authentication of, 86^S 98 (1). may be partly in print and partly in writing, 85 S 98 (1). of Newington Local Board, to remain valid and effectual, 67 S 32. notwithstanding dissolution to be evidence, 68 S 35. power of Commissioner under Extension Act, with regard to production of, 67 S29. receivable as evidence notwithstanding repealed enactments, 61 S 6 (d). DOGS or other animals suspected to be in a rabid state may be destroyed by con- stables, 9 S 109. DOLPHINS, mooring posts, &c., to be erected by Corporation at Drypool Bridge, under direction of Trinity House, 104 S 8. DRAINAGE, of Cottingham Local Board district, Corporation to be liable for part of balance of loan for, 7 1 S 40. Loan for, 71 S 40. may be discharged into Cottingham Road and Clough Road sewers, 70 S 39. Outfall, agreement to be made between Corporation and Cottingham Local Board for discharge of loan for works of, 71 S40. streets, quays, &c., drained by Dock Comj)any, still to be so drained, 90 S 113. DRAINS, alteration and interference of by Corporation, 108 S 22. any person building, re-building, making, clearing out, unstopping or altering any drain, privy, cesspool, or ashpit, without consent of Local Board to be liable to penalty, 23 Sll. before interrupting flow of sewage in. Corporation to provide substituted, 108 S 22. 154 Ihdkz. I>RAINS (continuwl), Corporation may construct. ll:i S 22. cost of makini? or re-makinj; drains may be rccovprwi by I^ocal Board bv tnkinaf possession, after notice, of unoccupieoration, 108 S 22. may U' made by IiO<-al Board by a>;re«»inenl with and nl e.xpensfl of owner-), 4 S 9S. repaire houses to \ie conveyetl away by drains or tunnels below surface of pavement, 4 S 92. DRAINS IX COTTINtJHAM ROAD AND CLOf^GH ROAD. Corpor»tion not rompeljeil to enlar>,'e. '(I S 39. 6. may U> {frant«d In Corporation by prr«oii-i rm|i<>»rnHl tn soil lands, "(>, S .ifi, 109, S 26. purcliaswi by Cor|K>ration insl^-ail uf lands, ami to be lands tritbin M)c>aniiiL' of Lands ClauKcs Acts, 7n of owner's engineer. 112, >S 28. Corporation, in case of alteration of pipes, &c., supplying, to make jiroper substituU-d works, 112. S 28. in connection with improvements, may raise, sink, or alter |>o>ition of pipes, tubes, wire?, or apparatus for supplying. 112, S 28. to make compensation for damage to pipes, &c., connected with. 112, S 28. pipes, itc, connected with, not to be so altered as to have less than two, or more than six feet covering, 112, S 28. provision for reference in i»8e of difference between Corporation and owner respecting, 112, S 28. ENCROACHMENTS, Local Board may enter upon and remoye to render .streets more commodious. 1,8 22. ENGINES, pumping. Corporation to provide for raising and disposing of sewage, 09 S 38 (1). ENTRANCES, court.'*, alleys, Ac, to be rebuilt, not to have, covered, S ^s. to Victoria and Railway Uock.s for purpose.* of lighting to be ileenied public streets, and lighted by Local Board, 10 S 120. EVIDENCE, books, and documents, Newington Local lloarcj notwithstanding dissolution, to be, G8 S 35. receivable as, notwithstanding repeal of enactments, (51 S (! (2). EXECUTORS OR ADMINISTRATORS, Unk, as registrar, may rw|uir« all «1k. have proved will to join in transfer of Corporation Stock of deceased holder. 43 S28. Corporation not required to allow, to transfer stock until probat<- of will has l)een left with registrar for registration, 39 8 1!» (8). not entitled to receive interest on Coqwration Stock until probate of will or letters of adniini.stration left with registrar for registration, 38 S (14). of deceased holder of stock the only persons having any title to stock of nuch bolder, 89 S lit (1). EXEMPTION, buildings oscinpt from provisions of Acts or Byelaws, shall not be used for purpose not witliiu exemption, until thej' conform to requirements of Acts or Byelaws, 6 S 4 (2), 133 S 4 (2). not to be erected within prescribed distance of buildings exempt from operation of any Bye-law, 6 S 4 (3), 134 S 4 (3). Dock Company and tenants from rates and assessments, 11 S 123. from rates and assessments, 10 S 121. may claim, from rates and assessments, 90 S 112. occupiers of arable, meadow and pasture ground, &v., land covered with water, canals, towing paths and railways, from assessments at more than one-fourth the annual value, 12 S 135, 75 S 51. EXPENSES, Corporation may create stock to raise sums paid as, in respect of stock, 34 S4(3), 129 S4(3). in respect of buildings or lands in lease uiay be apportioned between lessees and reversioners, 85 S 96. incurred by Corporation in carrying Extension and Improvement Act, 1882, into effect, to be paid, with exceptions, out of District Fund and General District Rate, 78 S 64. fjcical Board in street improvements to be recoverable with interest in summary manner within six years, 23 S 7. in execution of Loans Act to be deemed te be expenses incurred in execu- tion of Borough Acts, and to be defrayed out of funds, &c., applicable under such Acts to the redemption of stock, 43 S 30. liability to, as between owner and lessee, under special contract, to continue, 85 S 96. of prosecutions, 85 S 97. recovered from owner to be a charge on buildings or lands in priority to any incumbrance, 89 S 107. to be recovered in manner provided by Summary Jurisdiction Acts, 84 S 88. under Hull Extension & Improvement Act, 1882, may be recovered as provided by Summary Jurisdiction Acts, 84 S 88. EXTENSION AND IMPROVEMENT ACT, 1882, commencement of, 59 S 2. contributions to loans fund in respect of stock created for general purposes of, to be paid out of District Fund and General District Rate, 80 S 70 (4). Corporation may order proceedings for punishment of offenders against, 85 S 97. costs of Extension and Improvement Act to be paid out of District Fund and General District Rate, 93 S 126. doubts or differences resiiecting agreements with other authorities may be referred to Local Government Board, 69 S 37. expenses of execution of, with exceptions, to be paid out of District Fund and General District Rate, 78 S 64. powers, rights, &c., given by, to be in addition to other powers conferred by Act of Parliament, law or custom, 98 S 125. to be executed by Corporation acting by Council, til S 7. wordi and expressions in Acts incorporated with, meaning of, 60 S 5. 158 Indbx. FARE, liackiipy cnrriapes, to bo act>ording to statonicnt of fares pxhibit«d, 125 S8(2) FARES of porters, ccal carrierB, &c.. Local Board may make byelaws for fixing, 10 S 115. FEES ill rt'sjioft of stock receipts and stock certificates to bearer, 41 S 27 (58) not parable for frtsh stock certificati' to iM-arer with coupons, issued by Registrar in lieu of isi^uing fresh coupons, 41 S 27. (layable for stock receipts and stock certificates to bearer to be credited to Loans Fund, 42 S 27. FENCES not to be made over sewers without consent of Local Board, 2 S C9. FERHY BOAT DOCK, Corporation may close sewer discharging into, 27 S4. Corporation may fill in part of, 27 S 3. make new sewer to convey sewage which passes into, 27 S 4. provide for flu!nrl or urban sanitary authority, 113 S 29. owners or ocru]>ierR of premises adjoining certain highways ndt lialile to flag or form, 75 S 53. penalty on persons carrying away or collecting dust, &c., from, without authority of Local Board, 2 S 74. recovery by mortgagees of sums paid for works done to, 89 S 108. FORESHORE, Cor|)oration not to interfere with, without consent of Board of Trade, in; S3K. Local Board shall not construct, alter or extend any work on foreshore without oon.scnt of Boani of Trade, 24 S (>. of River H umber. Corporation before commencing works on, ."hall deliver jilaii." to HuniU-r Conservancy Commissioners, 91 S 116. [lending litigation as to, not ufifeeted, 93 S 124. right x of Crown in, not to W prejudiced, 25 S l.'i, 116 H 38. saving the rights of the Crown in the foreshore, 25 815, 28 S 6. Ikdex. I"*!* FOUNTAIN ROAD, Corporation may take lands for completion of road from Church Street to, 82 S 73. FUNDS, expenses incurred In execution of Loans Act to be defrayed out of funds, &e.. applicable to the redemption of stock, 43 S 30. payments of composition for stamp duty in respect of stock shall be defrayed out of moneys borrowed on security of funds, &c., applicable to the redemption of stock, 43 S 30. stock, with interest, and sums required for redemption thereof, shall be charged on, receivable by Corporation, 35 S 7. GANGWAY to Victoria Pier, Corporation may re-construct, 27 S 'i. GARDENS, exception as to carrying away refuse from, 2 S74. market, occupier to be assessed at one-fourth of net yearly value, 12 S 135, 75 S51. GAS, Local Board may cause streets, squares, lanes, &c., to be lighted with, 1 S 31. pipes or mains, alteration of, to be done under superintendence of owner, and to be executed to satisfaction of owner's engineer, 112 S 28. Corporation, in connection with improvements, may raise, sink, or alter position of, 111 S28, in caseuf alteration of, to makeproper substituted works, 112 S 28. to make compensatiuu for damage to, 112 S28. not to be so altered as to have less than two or more than six feet covering, 112 S 28. provision for reference in case of difference between Corporation anil owner respecting, 112 S 28. GATES, TIDAL, Corporation may make, in connection with new sewer (graving dock), 27 S 4. GOODS, Local Board may make byelaws touching goods to be carried by porters, 10 S115. GROUND, Local Board may enter upon, for widening, altering, or improving streets, and throw same into street, 1 S 22. may be opened for inspection of drains, &c., 3 S 87. GUTTERS, Local Board may turn, tunnel, cover or alter course of, 5 S 94. owners shall cause water to be conveyed from houses or buildings by iron drain, 4S92. HACKNEY CARRIAGES, alteration of Act of 1854 and incorporation of provisions of Town Police Clauses Act, with respect to 124 S 2. badges to be worn by drivers, 124 S 3 (2). bye-laws which may be made by Corporation with respect to 124 S 3 (2). custody, &c., of property left in and charges to be made for re-delivery, 125 S 3 (2). definition of 124 S 3. display of numbers of, coiTesponding with license, 125 S3 (2). proprietors and drivers of, regulation of conduct, 124 S 3 (2). provisions of Town Police Clauses Act, to apply to owners and drivers of omnibuses and omnibus licenses, 124 S3 (1). |4>0 IsDBX. HACKNEY CARRIAGES fcontinnod), number of persons to be carried by, and inanner in wbicli number to l>c shu«Tn, 125 S3 (2). stands for, 12.j S8 (2). not to he fixed in railway station or ynnl adjoining, without consent of couipai.y, 125 S3 (2). HARDOUR MASTER to direct openiiifj of Dryi)ool Bridge, 105 S 12. under certain circumstances may keep bridge open beyond limited time, l(i5 S 12. HATCH W.VYS, Ac, not to be made in footways or pavements, 3 S84. HIGH WAYS, owners or occupiers of premises adjoining certain roads not liable to flag or form causeways, 75 S 53. HOLDERNESS, CORONER FOR, jurisdiction rights of, not affected by Hull Extension and Improvement Act, 1882, 63 S 12. HOLDERNESS DRAINAGE TRUSTEES, rights of, not to be prejudiced, 92 S121. HOUSE, Licensed victuallers, owner or occupier of, may be required to provide and maintain urinal and to cleanse every day, 7 S 104. not to be more than one storey in roof of, 7 S 102. HOUSES, at corners of streets or places, if required by Local Board, shall Iinve buck- yards or areas, 5 S !(9. Corporation may tiiak" byelaws with resjiect to backways for, 131, 132 S 1. may sell, subject to annual rent or perpetual charge, 7G S 57. shall not purchase ten or more, occupied by liibouring class, until specified provisions have been complied with, 109 8 27 (1). with consent of Treasury, may sell, 7fi S 57. examination of, by officers of Corporation, 98 S 2. fees not to be charged for inspection of, 98 S 2. if Corporation acquire, in contravention of requirement* of scheme for providing dwellings for labouring class, to be liable to penalty, 110 S 27 (5). in courts or passajjos to be rufficieiitly drained by owners, 3 S 83. intended to be built or rebuilt, plans of to bo furnished to Local HuBrd, (! S 101. Local Board may, with consent of owners and occupiers. Bet up lamps, lamp post«, lamp irons, &c., upon, 1 S31. upon request of occupiers often or more, uliall canst? street to be lighted, 1 S 32. owners shall cause wuUr to be conveyed from, 4 S 92. penalty on persons carrying away or collecting dust, &c., from, without authority of L'K-al Bimnl, 2 S74. provision "f secondary means of access to, 183 S8(2). not to be occupied until drainage complcttnl and certified as fit fur hummi habiUtion, 98 S2. uiioccupieii or unpniductivc, in respect of wliich im|)r.)vomenl8 liavo bcvri executed, may be let by Local Board for repayment of expenses, « S 107. ItmBX. 161 HULL AND GOOLE PORT SANITARY AUTHORITY, Corporation may borrow money upon security of rates to lend to, 128 Si, 135 S 1. money lent to, to be raised by issue of Stock, 128 S 2. period for which sums may be lent to, and repayment of, 128 S 3 (2). power to borrow money, consent or sanction of Local GoTernment Board or Education Department to be conclusive evidence, 128 8 3(1). sums not paid by, within six months, Corporation to set apart like sums out of Borough Fund and apply same, and sums received after such application to be carried to credit of Borough Fund, 128 S 3 (3). HULL BARNSLEY AND WEST RIDING JUNCTION RAILWAY AND DOCK COMPANY, Corporation may borrow money to invest in, 81 S72(l). money so borrowed to be paid within one hundred years, 81 S 72 (2). HULL CORPORATION LOANS ACT, 1881, 33. Corporation may enter into arrangements with Bank of England or other Bauk for carrying into effect provisions of, 42 S 28. expenses incurred in execution of, to be deemed to be expenses incurred in execution of Borough Acts, and to be defrayed out of fundg, &c., applicable under the said Acts to the redemption of stock, 43 S 30. of 54 S 49. . powers of Corporation to borrow money under Borough Acts not abridged by, 34 S4. to be executed by Council, 33 S 3. HULL DRYPOOL BRIDGE AND IMPROVEMENTS ACT, 1885, 100. costs of, 117 S40. powers of Corporation under, to expire in five years, 108 S 24. HULL EXTENSION & IMPROVEMENT ACT, 1882, constables may without warrant apprehend persons found offending against, 85 S 95. costs of, 93 S 126. expenses of executing, to be paid, with exceptions, out of District Fund and General District Rate, 78 S 64. offences, penalties and expenses under, may be recovered as provided by Summary Jurisdiction Acts, 84 S 88. persons aggrieved by rates made, or acts done under, may appeal to Quarter Sessions, 84 S 89. powers of Corporation under, additional to any other powers, 93. HUMBER CONSERVANCY COMMISSIONERS, Corporation, before com- mencing works on Humber foreshore to deliver plans to, 91 S 116. provisions of Humber Conservancy Acts not to be prejudiced, 91 S 117. HUMBER, RIVER, Corporation shall not prejudically affect navigation, channel, or roadstead of, 91 S 116. HUMBER STREET, Corporation may make new sewer under, 27 S 4. I«2 Ikpkx. IMI'ROVEMHNT ACT. lSa4. .lofinition ..f. 00 S f.. rc|>cal of provitiioiii of, 01 S 6 (1). 94. IMPHOVEMENTS, Coqxiration may remoTC r>b»trucliun.s in connertioii with. 112 S2K. imder Dryi)o<>l Brid^p. &v.. A.ct. period for I'onipl^tion of, lOH S24. INFORMATIONS rmi to be laid for recovery ol pt-nalty except l>y party a^prieved «t by aathority of Corporation. 84 S 90. several perAoii!), for joint act or default, may be included in one, 84 S 92. INSPECTOR, COAL, Local Board may call for and examine books. Ac, of, 1» S157. may \>v suspendetl or di.'missed for neglect or fraud, 13 S L'>7. not to be interested in sale of coaLs, 15 S 17G. penally on, for neglect or fraud, 14 S 158. shall file bills, tickets, accounts and dcclarationf;. 14 S 161. permit book.s. bills, tickets, Ac, to be examined, l.S S ITifi. to give engraved and numl>ercd tickets to coal porters and carriers, la S 167. register coal port«rB and carriers. If) S 167. nnnilxT of carts employed by every owner in delivery <>f oal, I.") S 167. take and subscribe declaration. 13 S 155. vacancy in oflSce of, to be supplied as soon thereafter as convenient, 13 S 154. INSPECTOR OK NUISANCES, offensive trade..; not U. be carrietl on, if certified t.. lie a nui.sance by. 7 S 105. I NST.\ L.MENTS, (Jorpomtion may allow private improvement exjienses to be re])aid by, «'.) S 100. time limited for recovery of private improvement expenses to be deemed t<> run from time when instalment becomes due. 89 S 106. INSTRUMENTS to be valid notwithstanding repeal of enactments. Ill S 6(2). INTEREST. Iiank. as registrar. More paying, may require evidence of title of ]>erm)n claiming, 42 S 28. coupons shall be attaoheil to slock eertificat*!S learer. entitling lu-'arer to, 4ayable on outstanding private iniprovenient expen.-ieg. h9 S lull. jiersons inscrilied in regi.stor as holders on day of rlosinir ri-iriv lUHndaiiiut-, Ilu8:i7(4). limy approve gclienie for providing dwcllinK8 for, ub-iolutely or cunditiuiiiilly, anil niiiy iippnivi' niuilifii-ntioiis, 1 10 S :i7(iJ). iiii<|>en$e with certain imivi-'ioii!; in sclienic for providing dwellings for. 110 827(8), 111 8*7(6). to approve scheme for providing dwellings for, lO'J S27(l). |)eiialty on Corporation for ac(juiring houses in contravention of re<|uin'iuents of scheme for providing dwellings for. 11(» S27(5). proviHions respecting scheme for providing dwellings for, in lieu of those taken for improvements, 10!t to 111 S27. sclieiue for |iir)vidin.i,' dwellings for, to i-ontain specified provisions, 110 S 27 (3). L.\MI'S .^^'l) LAMl' I'OSTS. Local Hoard may cause streets, squares, lams. tu:., to be ligbietl witli oil and ga^, 1 S iil . Local Bounl may set up for lighting streets. 4c.. 1 8. SI. not to Ix' fi.xed upon houses or buildings without consent of owners and occupiers, I S31. of Cottinghnm f>ocal Hoard and Sculcoates Rural Saniiarv .Vuthorily in addol part of Horough vested in Corporation. 68 S8t;(2). LAND, agricultural, excc]itioii us to carrying away n-fusc from, 2 8 74. occupiers may keep manure upon, 2 S 74. arable, occupier of to lie assessed at one-fourth of not yearly value, 12 8 135, 75 S51. covered with water. Dock Company and their tenants in respect of, to be assessed at one-fourth of the net yearly value, 11. S 122. occupier of. to be assessed at one-fourth of net yearly value, 12 8 13."). 75 8 51. meadow, occupier of. to be assessed at one-fourtli of net yearly value. 12 81:15. 75 8 51. Xewington District, which ha> been excavated, not to be built upon until re- filled & covered with concrete. 75 8 50. |)enulty on jK'rsons carrying away or collecting dust, &c., from, without authority of Local Board, 2 S 74. LANDING I'LACK, at Stonefiirry. right. &c., of t'oituighuin Local lloanl. not. to Ik- prejudiced, 71 8 41. Nelson 8troct. Corporation may a|)point superintendent of. who shall have authority to direct mooring. &c.. of any shifi, r8ou having charge of any ship, &c., shall disol>oy su|)erintendent of. 26 8 1<>. exci-pt with |K>mii8sion of snperintendeut. sutler micIi ship. Aic, to obstruct frw use of. 25 8 11. |N-rMoii shall cast any Imllast, &e., upon, 25 S li'. {•enalty for offences. 25 H 1!J. [•enalties t. may enter upon and take for various' purposes, 82 S 73. lay ont and lea-^o lands not required for purposes of Hull I']xteiisioii and Improvement Art. 1«82, 7fi S 58. sell, 50 S 43. sell lands not recpiired for jnirposes for wliicli tliey were aoqnired, 76 S 57. take and use, for construction of Drypool Bridge, ]01 8 4. shall not enter upon or interfere with, of North Eastern Railway Company, except in accordance with agreement, 116 S .37. with consent of Treasury, may sell, for building purposes, 76 S 57. correction of errors in respect to, in deposited plans or hooks of reference, lOS S 25. definition of, (1(1 S 5. easements purchased by Corporation to be lands within meaning of Lands Clauses Acts, 76 S 55. expenses in respect of lands in lease may be apportioned between lessees and rever- sioners, 85 8 96. in added part of Borough, not liable to County or Hundred Rates, 63 S 13. not to be reassessed until general reassessment, 76 8 69. Jury, .\rbitrators, &c., to determine whether portions of lands .nnd buildings can be severed from the rest without material detriment, 83 S 75. Local Board, by agreement with owners, may lay lands into streets, or ajipropriate them for other purposes, 2 S 80. money received for sale of land or as a fine on a lease to be capital, and applied only for certain purposes, 77 S 59. not required for purposes for which acquired, may be appropriated and used by Corporation, 76 S 54. owners may be required to sell only parts of, 83 S 75, 114 S 30. persons empowered by Lands Clauses Acts to sell, may grant easements to Cor- poration, 76 S 56, 109 S 26. powers of Corporation for compulsory purchase of. not to be exercised after expiration of three years, 108 S 23. private improvement expenses to l)e a charge on, in priority to any incumbrance, 89 S107- sold by Corporation to be freed from incumbrances, 50 S 42. stock, with interest and sums required for redemption thereof shall be charged on revenues of, 35 S 7. Surveyor may enter upon, for inspection of drains, privies, &c., 3 S87. unoccupied of unproductive, in respect of which improvements have been executed, may be let by Local Board for repayment of expenses, 8 S 107. LANDS CLAUSES CONSOLIDATION ACTS, application of provisions to easements granted to Corporation, 76 S 56. easements purchased by Corporation to be lands within meaning of, 76 S 55. incorporation of. with Drypool Bridge and Improvements Act, 100 S 2. with Extension and Improvement Act, 59 S 4, 166 TintKx. LANDS CLAUSES CONSOLIDATION ACTS (eontinned), int«>rpret«tion of expressions in, 100 S 2. persons empowered hr, to sell land, may ijrant easements, Ac, to Corporation, 76 S 56. raay consent to conversion of secarities into stock, or to digcliarge tliereof, before time limitod, 'it> S 9 (2). to oonrey lands, may grant easements to Corporation. 109 8 26. LANDS CLAUSES (UMPIRE) ACT, incorporation of, with Drypool Bridge and Improvements Act, 100 8 2. interpretation of expressions in, 100 S 2. LAND.S, SURPLUS, Corporation may enter into agreements with owners of lands, Ac, abutting upon improvements, for sale to, or exchange with, such |)ersons of, H.-i S.33. Corporation may lease for terms not exceeiling 99 years, 76 8 58. let, exchange or Jis|>nse of, 114 S 31. moneys, in nature of capital, arising from sale of, to be carried to Loans Fond, 44 S 38. not to be sold for rent charge, annuity or other payment extending over 60 years, 115 S33. LANES, Local Board may cause to be lighted, and contract for lighting of, I S 31. LEASE, application of money received as fines on, 77 8 59. Corporation may accept snrremler of, 77 S 58. demise surplus lands on, 76 S 58. sell rents reserved under, 77 S 58. Expenses in respect of buildings or lands iu, may be apportioned between lessees and reversioners, 85 S 96. may be made by public auction, tender, or private contract, 76 8 58. of lands and buildings erected under scheme for providing dwellings for labouring class, to be endorsed with condition. 111 S 26 (6). term of, granted by Corporation not to exceed 99 years, 76 S .'ifi. LICENSES, Corporation uiuy revoke on conviction of grantee, K7 S 101. granttrd to drivers or conductors, under Act of 1854, only to authorise holders thereof to net as drivers or conductors of class of carriage specified in, 125 S3 (3). omnibus, application of provisions of Section 39 of Town Police Clauses Act, 1847, 124 S3 (1). to be for .sj)fcified periotl and subject to suspension or revocation, 12.''i S 3 (."5). LIGHTING, Corporation by agreement with Dock Company may undertake lighting of streets, quays, Ac, previously lightef the Borougli, 27 S 8. streets, quays, &<-.. lisrhted by Dock Company still tn W so lighted, !tO S ll:-i. LIGHTING. ELECTRIC, a])paratus not to bo interfered with. 113 S 2S. Corporation shall not interfere with certain works of undertakers of. 11 ;i S 2K. extension of, 77 S fiO. proTisioii for reference in ease of difference between Corporation and nndertakers of, 113 S28. LIGHTS, Corporation shall exhibit sucli, at Drypool Bridge, as Trinity House direct, 104 S 10. during construction of Drypool Bridge as iioard of Trade require, 104 SO. LOANS, contributions to Loans Fund in respect of loans for discharge of debts transfeiTed to Corporation to be paid out of District Fund and General District Rate, 80 S71. Corporation may borrow money to discharge loans transferred to them, 80 S 71. for street improvements, &c.. in St. John's Wood, liability of Corporation for balance of, 71 S40, of Cottinghani Local Board, liability of Corporation for certain. 70 S 40. LOANS FUND, amounts of contributions required for payment of interest to be reduced by amount of income resulting from investment applied in payment of such interest, 46 S 35 (1). amounts of contributions, for payment of interest to be the sums payable by apportionment of such sum among the funds, &c., out of which such contributions are payable, 46 S 35 (1). to be carried to, for redemption of stock to be such amounts as, with accumulations, will be sufficient to redeem at par the stock towards redemption of which such contributions are payable, 4G S 35 (2). annual returns of, to be transmitted to Local Government Board, 51 S 44, 52, 130 S7, 135 S2. capital moneys arising from sales of surplus lauds, &c., to be carried to, 44 S 32 (3). contributions to, for interest payable out of certain funds, &c., 45 S 34 (1). in respect of interest on and redemption of stock, how to be paid, 80 S 71. stock created for purposes of Drypool Bridge and Improvements Act to be paid out of General District Rate, 115 S 34 (2-). mode of payment of, 80 S 71. Corporation, for raising contributions to exercise such powers as they would have been required to do for benefit and security of holders of securities, 47 S 36 (2). .shall invest so much of Corporation Loans Fund as shall remain unapplied and uninvested at end of any year in any securities in which trustees are authorised to invest trust funds, or in any mortgages, &c., authorised by Parliament, 48 S 37 (2). 188 IlTDBX. LOANS FUND (ciintinued), Corporation shall raise amount of contributions out of funds, &c., bj means of rates out of which the same arc payable, as though such contributions were on account of interest nnd for repayment of moneys raised for the iame I)U^p()^^es, 47 S 3C(1). fees payable for stock receipts and stock certi6cate8 to bearer shall be credited to, 42 S-27. if any fund, Ac, insufficient to yield amount required for any contributions to, and the amount required is proTided out of borough fund or rate, the amount so provided to be deemed a debt due to borough fund, in which respect of interest shall be payable. 47 S 36 (3). part of, applied in redemption of stock l)efore expiration of period for which original loan was granted, a snni equivalent to interest at 3^ per cent, on stoek so reduced to lie annually paid into, 47 8 35(2). interest arising from investment of moneys raiseil by issue of Corporation Stjck to be credited to, 49 S 89. on investments and resulting income to form part of, 48 S 37 (2). mode of payment of contributions to, 45 S 34 (2). securities on which Corporation Stock is charged not to be affected by provisions for raising contributions to, 46 S 84 (8). shall be applied first in payment of interest on Corporation stock and then in purchasing Corporation Stock for redeniption, 48 8 37(1). sums received from School Board and Hull and Goole Port Sanitary Authority for interest and principal, or set apart out of Borough Fund to to be paid into, 129 S3, to be created for payment of interest and redemption of Corporation Stock, 43 S 32. credited in each year with sum equal to amount of interest on, and moneys payable for redemption of Corporation stock, 44 S32(4). with all moneys arising from sale of lands and property acquired by Corporation under any Borough Acts but not required, 44 S 32 (3). moneys arising from issue of Corporation Stock at a premium, 44 S32(l). sums standing to credit of any sinking fund applicable to discharge of securities converted into Corporation Stock, 44 S32(2). LOCAL BOARD, Corporation, in laying out carriageways and footways, may exercise powers vested in any, 113 S 29. LOCAL GOVERNMENT BOARD, agreement between, and other parties with resfject to outfall sewers, modification of, 09 S 38. annual returns of Corporation Loans Fund to be transmitted to, 51 S44, 62 8 7, 130 8 7,135. Comiiiigsioner to report to, within limited time, 66 S 24. conditions uilder which, have approved scheme for providing dwellings for labouring class, enforceable by mandamus, 110 S 27 (4). Ihdkx. 199 LOCAL GOVERNMENT BOARD (continued), Corporation sliall pay to, a sum to be fixed by Board in respect of Provisional Orders and expenses of inquiries for provision of dwellings for labouring class, 111 S27(7). Corporation to give security to, for carrying out sclierae for providing dwellings for labouring class, 110 S 27 (1). Councillors to be allocated by order of, OG S 23. doubts or differences between Corporation and Cottingham Local Board or Sculcoates Rural Sanitary Authority may be referred to the, 09 S 37, 71 S40. for purposes of scheme for providing dwellings for labouring class may exercise powers vested in them under Public Health Act, 111 S 27 (6). in case of dispute, shall settle agreement between Corporation and Cottingham Local Board for discharge of loan for outfall drainage works, 71 S-10. default of agreement, to determine sum to be paid by Corporation to Cottingham Local Board and Sculcoates Rural Sanitary Authority, 69 S 37. may approve scheme for providing dwellings for labouring class, absolutely or conditionally, and may approve modifications, 110 S 27 (2). direct redemption of Corporation Stock, 49 S 38. dispense with certain provisions in scheme for providing dwellings for labouring class, 110 S 27 (3), 111 S 27 (6). recover penalty from Corporation for acquiring houses in contravention of requirements of scheme for providing dwellings for labouring class, 110 S27(5). names, numbers, and boundaries of wards for all purposes to be those set forth in Order of, 66 S 25. Order of, to be published, 66 S 25. shall approve agreements for transfer of property, &c., between Corporation and Cottingham Local Board and Sculcoates Rural Sanitary Authority, 69 S 37. to appoint Commissioner to report on wards of extended Borough, 65, S 21. approve scheme for providing dwellings for labouring class in lieu of those taken for improvements, 109 S 27 (1). determine by Order, number, names, and boundaries of wards in extended Borough, 65 S 21. LODGES, gatekeepers, of North Eastern Railway Company, may project beyond frontage line of streets, 83 S 76. LONDESBOROUGH STREET, Corporation may widen, alter, and improve, 102 S4(5). LUNATIC ASYLUMS ACTS, duties, powers, &c., of visiting justices under, may be transferred to Corporation, 77 S 62 (1). notices required by, to be given to or by town clerk, in lieu of clerk of peace, 78 S62(l). MAGISTRATE, POLICE, persons aggrieved by apportionment of private improve- ment expensea.may appeal to, 88 S 103 (3). 170 I»D»x. MAINS, altorations of, by Corporation, to bo done under ■'Ui>print«'n(lonrp of owner «nil to satisfaction of owner's enpineer, 1 1:; S 28. ror|>f"ration. befori" altering, to pive notice to owner? of, 112 S 2X. ill connoc'tiou with improvement » ninv n'i>>e. «ink or alti-r position of water, pas or hydraolic, 1 1 1 S 2S. to ninke conipensation for damiipe t". 112 S2.S. Cottinpliani Local Board and Sculcoatc.- Kiiral Saniiarr Anthority in nddmt part of Borougli, to vest in Corporation, 68 3 :J6 (2). in case of nlteration of. Corporation to make proper snbstitntiHl works. 112 S 2X. not to be so alterecl as to liave le<:« tlian two or more tlmn -i\ fiH't coverinp, 112 S28. proyision for reference in case of difTerenc*' U'lween Corporaiioii and owner respectinp. 112 S 2S. M.VNURE, lieaps, procedure in respect of nuisances arisinp from, 7 S 105. kept upon pardens or upricultural land, 2 S 7-1. may be collected for sale or shipment by permission of Local Board, 2 8 75. MAI'S of extended Borough, to be deposited, IJ4 8 IH. copies deposited with town clerk, or extracts therefrom, to be evidence, 65 8 IK. to be open for inspection and certified copies or extracts to be supplied, 65 S l;t. MARFLEET parish and township included in Borough. 62 Sit, 97. MASTER OF VESSEL CARRYING COAL, Agent to lie included with, in pro- viiions of Improvement Act (1854), 16 S6. in case where pit note is insufficient, non-existent or lost, account veritied by statutory declaration, to be furnished to Insjiector by, 17 S 7. Inspector, on receiring tonnage rates, to gife certificates to, 17 S 9. to affix certificate to mast, 17 S 10. deliver pit notes to Inipector, 16 S7. pay tonnage rates to inspector, 17 SH. MAYOR, election of, to I* held as formerly, 66 8 28. MEDICAI- OFFICER of HEALTH, offensive trade" not to U- cnrri.-d on if certified to be nuisances by, 7 S 105. MELTIN(; HOl'SES AND PLACES, procedure in respect of nuisances arising from, 7 S 105. METERS AND WEIGHERS, l.yelaws respecting, not to apply to meters and weighers appointed by Dock Company or Aire and Calder Navigation, 87 8100. Corporation may make byelaws for licensing, 87 S lOo. moneys rweived from, for licenses, U) be credited to District Fund, 87 S 100, not to he interested in sale of cools, 15 8 176. MONEY arising from issue of stock at a |)retniuni to be carried to Loans Fund, 44 882(1). Ihdbx. 171 MONEY (continued), borrowed by Corporation to be applied only to purposes to which capital is applicable, 80 S 70 (1), 115 S 35. Committees not authorised to borrow, or make rates, 62 S 8 (2). Corporation may borrow for, costs of Extension and Improvement Act, 93 S 126. purposes of Drypool Bridsfc and Improvements Act, 115 S 34(1). specified purposes, 79 S 70. to discharge loans transferred to them, 80 S 71. pay composition on stamp duty in respect of stock, and moneys so borrowed to be deemed to be borrowed under Borough Acts, 43 S 30. create stock to raise any sums of, whichithey have authority to borrow, 33 S 4. subscribe towards undertaking of Hull, Barnsley, &c.. Company, 81 872(1). due to Cottingham Local Board may be sued for and recovered, 68 8 36 (1). Newington Local Board to be paid to Corporation, 68 S 34. in nature of capital, arising from sale of surplus lands and property, to be carried to Loans Fund, 44 S 32 (3). may be raised by issue of Corporation Stock, 80 S 70 (2). payable by Newington Local Board to be paid by Corporation, 68 S 34. period for repayment of borrowed, 80 S 70 (3), 81 S 72 (2), 115 S 34 (2). persons paying, to Corporation, not answerable for misapplication thereof, 114 S32. raised by issue of stock shall not be re-borrowed, 35 S G. received for sale of land, or as fine on lease, application of, 77 S 59. stock created to pay off, borrowed for purposes of Borough Acts, to be deemed to have been created for such purposes, 35 S 5. MOORING POSTS to be erected at Drypool Bridge by Corporation, 104 S 8. MORTGAGEES, recovery of private improvement expenses by, 89 S 108. MORTGAGES and debentures granted by Corporation prior to Provisional Order, 1880, to have priority, 31 S 15. Corporation may create stock to pay off, 34 S 4, 129 S4. shall not issue, for moneys which have been raised by issue of stock, 35 S 6. MUNICIPAL CORPORATION ACTS, definition of, 60 S 5. Extension and Improvement Act, to be executed according to, 61 S7. rights, powers, privileges, &c., conferred by, to be enjoyed by Corporation, 01 S 7. NAVIGATION, meters and weighers appointed under Aire and Calder, not subject to Corporation byelaws, 87 S 100. of River Hull, Coi-poration, during construction of Drypool Bridge, to use every means to prevent obstruction of, 103 S5. NELSON STREET, Corporation may fix sluices in new front of, 28 S 5. Corporation may increase width of, 27 S 3. issue debentures for repayment of moneys borrowed for improve- ment of, 28 S 9. make new sewer under, 27 S4. newly formed portion of, to be paved, lighted and maintained as one of streets of Borough, 27 S 3. provide coYered way from, to Victoria Pier, 27 S 2. 172 IWDKX. NF-WINGTON DISTRICT, dwelling-honsos slmll not be Lnilt on Inii-l in, exoaratp.! for brick-parth. nntil excaTation lias lieen rpfiUod nnA cctrerod with ooncrct<>, 75 S 50. to be one of tlie wards of <'Xtendod Kornaf;)) and called Ncwineton Ward, (15 S'2'J. NEWINGTON LOCAL HOARD, accomits to Ik- audited. G7 S aO. actions commenced by, may lie continued by C(>r|>orntion, 67 S 33. agreement between, and other parties as to outfall sewers, to be modified. 69 S 38. books and document? of, to be evidence, 68 S 36. Corporatidn may liorrow money to or of persons to be carried by, shall be displayed, 125 S 3 (2). securing safe custody and re-delivery of property left in, 125 S 3 (2). provisions of Public Health Act, 1875, and penalties to apply to, 126 8 5(2). drivers to include conductors of, 125 S3 (2). fare to be according to statement, to be exhibited on, 125 S 3 (2). for purposes of Act of 1854 to mean every omnibus, Ac, plying or standing for hire by, or used to carry passengers at separate faros, except tramway cars, &c., 126 8 5(1). provisions of Town Police Clauses Act to apply to owners and drivers of, 124 S3(l). stand for not to be fixed in railway station or in yard adjoining, except with consent of company, 125 S3 (2). terms, hackney coaches, Ac, use coiil iiispfctiir, Iti S7. I'LANS. CorponitioM before commencing erection of Dryjxiol Bridge, tn deposit, liU S7. tuaj charge for, in addition to iirivutc im|>rovcnicnt I'Xpcnses, 90 Sill, make hvelaws witii respect to deposit of, 7 S.I. 134 S 5. shall deliver, to liumber Conservancy Commissioners, before Commencing works on foreshore of River H umber, 91 S 1 IG. lituit« of deviation from deposited, lu7 S 19. of buildingrt, deposit, liyejaws with respect lo. 134 S ,">. exempt from provisions of Acts and byelaws need not be furnished. 6 S4, 133 S4. not to be corried into execution until approved liy Local Hoard, C S 101. to be converted into dwelling-houses to be deposited, and approve*! by Local Board. 5 S 97, 6 SlOO. Dry|)ool Bridge to be approved by Board of Trade, 104 S 7. hou->es or Imildings to lie built or rebuilt, to l>e furnished !.■ Local Board. C S 101. new streets iind buildings, icv.. approved by Corporation to be null and void il execution of work not eonniienced within speci6ed periods. 134 S 4 (4). retention of, 134 S 4 (.'>). to be drawn to scale of not less than one inch to eight feet, 6 S lOl. I'L.\NS DEPOSITED, errors in, may be corrected by justices. 108 S 26. POLICE, jurisdiction of, lo extend throughout extended Borough. 63 S 12. I'OH'l'EU.S, Local Board may make bvelaws for licensing and regulating, ami their carts; touching lett<'r.s, messages, goods, &c., carrieil by ; for lixing. ultcring, Ac. stands for, and their carts; for trying and punishing misconduct of ; for fixing rut«8 and fares to lie taken by ; and for fixing distances which they shall lie obligcr; provided by Local Board to drains, or sewers, to lie, 4 S 88. detinitiou of, 87 S 102. I*nEx. 179 PRIVATE IMPROVEMENT EXPENSES (cnntinued), expense of making drains by Local Board to be, 4 S 93. expenses of works done by Local Board in courts or passages to be, 3 S 83, liabilities to, as between owner or occupier, not to be altered, 90 S 109. liability to as between owner and lessee under special contract, to remain unaltered, 85 S 96. occupier, to remain unaltered, 90 S 109. may be recovered by mortgagees, 89 S 108. include cost of plans, measuring, supervision, &c., 90 S 111. North Eastern Railway not liable under certain circumstances to pay, 88 S 103 (2). persons aggrieved by decision of Corporation in relation to, may appeal to police magistrate, 88 S 103 (3). proceedings for recovery of, may be commenced within twelve months from demand for payment, 89 S 105. recovery of, 88 S 104. when time has been allowed for payment, 89 S 106. tenants for life, committees of estates of lunatics and trustees, may mortgage buildings, &c., to pay, 90 S 110. time limited for recovery of, to run from time first instalment becomes due, 89 S 105. to be a charge on buildings or lands in priority to other charges, 89 S 107. recoverable from owners and occupiers in succession, 89 S 106. PRIVIES may be inspected by Surveyor, 3 S 87. PROCEEDINGS, against bankrupts, Town Clerk may represent Corporation in, 85 S 94. for recovery of private improvement expenses may be commenced within twelve months from service of demand, 89 S 105. in case of joint defaults, Corporation may include all the offenders in one in- formation, and justice may include all of thera in one summons, 84 8 92. execution of repealed Acts or Provisional Orders may be continued notwith- standing repeal of enactments, 61 S 6. of Newington Local Board to remain valid and effectual, 67 S 33. under Hull Extension and Improvement Act, 1882, not to be quashed for want of form, 84 S 91. PROMENADE, Corporation may provide covered way from Nelson Street to Victoria Pier, with roof, available as a, 27 S 2. PROPERTY, application of proceeds of sale of, by Corporation, 73, S 48. Corporation may make agreement with Cottingbam Local Board and Sculcoates Rural Sanitary Authority with respect to transfer of, 69 8 37. sell or lease property transferred to them by Extension and Improvement Act, 73 S 48. in added part of Borough not liable to county or hundred rates, 63 8 13. left in hackney carriages, re-delivery of, and chaiges for same, byelaws with respect to, 125 8 3 (2). of Corporation, stock, interest, and sums required for redemption, shall be charged on, 35 S 7. |«ft Imikx. J'KOFRIKTOHS and drivers of liackiiey carringw, Coqwirntiou iiisv maki- byi'lnw * for regulating conduct of, 124 8 8 (i). PUOSECL'TIONS nffectinK Ncwinnfton Local Ikmnl not to abat.-, 67 S 38. Corporation maj' onlcr and defray expenses of, 85 S V7. for iifl'onc»-s ronnccifd with coal to Ik- institute*! l)y Local Bonnl. nr tlieir nfHccrs. 20 IS 20. may Ik- continued nomtion so (ar as l>y Order, of 18811. tliey are rendered applicable to nmnibuse.s and owners, drivers and conductors, 126 >S 5 (2). rights, privileges, &c., conferreES81<)NS. jiersons aggrievitl by rate?, orders, conviction*, Ac, may appeal to. 84 8 8'J. QUAYS, t'orporatiiin, by agri-enicnt with l>ock Company, may iinderlakc lighting. clcun.^ing, repairing and niainteuanrc of, 'Jl 8 1 13. hock ('ompauy, no long a.s they eflfectuuily light and cleanse legal quay, adjoining ground and parts of Trippett. nut to be liable to at^sessments for lighting and cleansing, 11 8 1 2». lighted, repaired, maintitined. cicanbed or drained by Dock Company, to l>e still lighted, &c., by Company, 'JO S 11!!. -urrouuding Victoria and Railway Docks, for purposes of lighting but not stlior- wisc, to bo ilc<'iii('i| |iulilic streets, and to be lighttsl by Li-cal Itoartl. IC S 12(i. t^UEEN STUEE'l'. Corporation may make now si-wer under. 1'7 8 4. QUOIU'M, rommitU>e to Ix- such as Council dinnt, 62 8b(l ). UA1L^VA^' .STATION, stand for hackney carriagi-s not to If dxetl except willi consent of Company in, 125 8.i(2). U.MLWAYS CLAUSES CONSOLIDATION ACT (1X45). interpretation of expre«siont> in, lOO 8 2. neetioiu of , iucorporat4'd with Hull Drypool Uridgeaud Impn>veuient« Act, lOo 8 2. TNnRx. 1«1 TiAl F/WAYS, Nortli Eastern Railway Company, in respect of, in adJol jiarl of Bonniuh. t" ho a->ossc(l at ono-fourtli of nd annual value. 711 S (17. not t(i l)e cntcivd npou or intevforod with liy Corpovation. except in nccurdancc with ai^reenient. 1 1 (! S 37 . to be assessed at one-foufth of net yearly value, 1:.' S IS.'i, 7i) (S."il. RATE. Borough. deHnition of, 60 S 5. rtoneral District, deHnition of, (iO S 5. RATE Bt^OK. Corporation may include in one. all rates, itc., whicli they arc anthorispd to levy, 70 S fi5(2V RATES, arrears of. for added part of Borough, may be collectod and recovered, ()3 S 13. Bi'rough, certain expenses of executing Extension and Improrenient Act to lie paid out of, 78 S 64. burial and cemetery, to be recoverable as if tliey were poor, 7'.l S 1)8. committees not authorised to make, or borrow money, (i2 S 8 (2). Corporation may levy, on owners or occupiers in ailded part of Borougli, to reconp to District Fund and (General District Rate in respect of loans, 81 S71. make. 79 S65(I). County or Hundred, lands in added part of Borough not liable to, ()3 S 13. ■Dock Company may claim exemption from, 00 S 1 12. to be assessed in respect of docks in added part of borougli at one-fourth tlie net anmial value, 79 St>7. due, may be collected and recovered, notwithstanding repeal of enactments, fil S6(2). to Cottingham Local Board may be sued for and recovered, 68 S36(l). Newington [jocal Board to be paid to Corporation, 68 S 34. East Riding, lands in added part of Borough not liable to, 63 S 13. exemption of Dock Company from, 10 S 121. and their tenants from. 11 S 123. owners and occupiers of certain property from. 75 Sol. expenses incurred in execution of Loans Act to be defrayed out of rates, &c.. applicable to the redemption of stock, 43 S 30. general and special district, arable, meadow and pastiu'e land, &c., land covered with water, canals, towing paths and railways, to be assessed at one- fourth of their net annual value, 12 S 135, 75 8 51. contributions to Loans Fund in respect of stock created for, purposes of Hull Drypool Bridge and Improvements Act, to lie payable out of, 115 S 34 (2). various purposes under Extension and Improvement Act, to be paid out of, 80, 81 S 71 . Dock Company to be assessed thereto for land covered w'th water at one- fourth of the net yearlv value thereof, 11 S 122. expenses of execution of Extension and Improvement Act, with exceptions, to be paid out of, 78 S 61. 1«2 \si>r.\. R ATKS (continued), highway, arable, iiieaciow and pasture land, Ac, land covered with wator, canals, towing paths and railways to l>o assessed to, at one- fourlli of their net annual value, 7l> S .")! . Local Board may levy, 11 S 126. to be assessed only on property chargeable thereto, 12 S 126. jud(;es or justices not disqualified by being liable to, 84 S '.)8. lands, &c., in added part of Horouirh not to be liable to County or Hundred, 63 8 13, lii)rary, to l>i> recoverable a* if thi-y w>'r>.' poor, 70 R68. Local Board may levy, for re[iairing and cleansing highways, 12 8 120. made under Hull Extension and Improvement Act, persons aggrieveil by, may appeal to Quarter Sessions, 84 (89). no lands, \-c., in added part of Borough to be reassessed until general reassessment of extended Borough, 79 >S 69. North-Eastern Itailway Company, liable to contribute towards repair of streets when such expenses are payable out of, 88 S l'>3 (2). to be as.ses.sed in respect of railways in added part of Borough at one-fourth the net annual value, 79 S 67. not to be quasheJ for want of form, h4 S 91. owner instead of occupier may, at option of Corporation, be ratetl, 79 S 65 (8). payments of composition for stamp duty in respect of stock to be defrayed out of moneys borrowed on security of rates, Ac, applicable to the redemption of stock, 43 S 30. rights of appeal from, 79 S 68. stock with interest, and sums required for redemption thereof to W charged on, 85 S7, to be assessed on full net yearly value of property, 12 S 13.^. recoverable as if they were poor, 79 S 68. which Corporation are entitled to levy to be recoverable as if they were poor, 79 8 68. RECEIPTS for interest on stock may be given by one of two or more joint holders, 38 S15. of Corporation, Treasurer, Ac, to be eflVctnal discharges, 114 S32. RECEIVER apiminted by Court of Chancery, powers of, 49 S 40 (1). RECORD, COURT OF, jurisdiction of, extended to extended Borough, 63 S 12, RECORDER, jurisdiction of, extended to extended Borough, 03 S 12. REDEMPTION OF STOCK, contributions in respect of. how to bo paid. 80 S 71. REGISTER OP STOCK, Bankers' Books Evidence Act, 1879, to apply to, and all books, Ac, kept by registrar, 42 S 28. Corporation may enter into arrangements with Bank of England or other bank for keeping, 42 S 28. entry of substituted stock receipts to be made in, 40 S 20(2). may be closed for transfers at certain periods, 38 S 18 (1). TvnEx. 183 REdlSTEU OF STOCK ((.•mitinuod), iiamos ami addresses i.f liold.-rs t.. Ix- U-opt In- corporation, with amounts and transfers of stoeic. 37812(1). , no notice of any trust to ho entered on. 37 S 12 (2). cm delivery to refjistrar nf stock of certificate to bearer and unimid cmiiions, retcistiiir shall cuter bearer as holder of stock in, -11 S 23. persons entered as holders in, on'day of closiiiir register, to be i-ntilleil to interest next payable, 39 S 18 (2). ])rinted copy of all regulations made by Corporation with respect to transfer of, and issue of certificatos to bearer .ind coupons, to be entered in, 43 S29 (2). regulations with respect to transfer (vf stock and issue of stock certificates to bearer and coupons, to be entered in, 43 S 29 (2). stock in respect of which stock certificate to bearer is outstanding shall not lie transferable in. 40 S 21 (3). to be prima facie eviilence of all matters entered therein. 37 S 12 (3). transfers of. to be made only in, 38 S 17 (1 ). REGISTRAR OF STOCK, Bank, as registrar, before acting on letter of attorney, in cases where joint holder of stock is an infant or person of unsound'mind may require proof of alleged infancy or unsoundness of mind, 42 8 28. Bank, as registrar, before paying interest, may require evidence by statutory declaration or otherwise, of title of person claiming right to receive interest, 42 S 28. may require all executors who have proved will to join in transfer of stock of deceased holder, 43 S 28. every power of attorney to transfer stock to be under seal and attested, 42 S 28. Corporation may appoint person or bank to be. 37 S 12 (4). coupons shall be payable at office of, 40 S 22 (3). holders of stock desiring interest warrants to bo sent by post shall make request to, and furnish address, 38 8 16 (2). may it authorised by Corporation, issue stock certificates to bearer, 40 S 21 (1). pay interest on Stock by sending warrants through post, 38 8 16 (1). require evidence of title of persons becoming entitled to stock except by transfer, 39 819(2). not required to enquire whether jiersons applying for stock certificates to bearer are trustees, 41 S 24. notices of trusts not to be receivable by or affect, 37 8 12 (2). on application shall issue stock receipt to holder of stock, 39 8 2e full discharge to, 40 S22(4j 1M Ixncx. REGISTRAR OF STOCK (ooiuiniwl), postinc>»T, of letter containinfjiiit^TPStwurmnt simll l>e o(|iiivaleiit to deliTPry of warrant to boldrr liiiiiself, 38 S 1C(8). iiiilesi' notice Iihs lieoii given to, receipts for iiit4're»t on stock may l>e ^ireii by one of two or more joint hoUlers, 88 S IS. until probate or letters of ailniinistrntion loft witli, for registration, executor? or administratorfl not entitled to interest on stock, SH S 14. letters of ndminisiration left with, for registration, exemturs or administrators not ontitlcd to transfer stock, 39 8 19 (8) wlicn regi.strar, in lieu of issuini; fresli c)ii|ions, ({ives fresh stock certificate to bearer, no fee to be charged, 41 S 27. IlEOULATIONS, Corporation may make and alter, in respe<'l to op<>ning of Drypool Bridge, 105 S 12. Corporation may make, alter and rescind, with respect to transfer of slock and issue of stock certificates to bearer and coupons, 43 S 20 (1). existing, to apply to extended Borough, 05 S 20. made by former authorities to cease within added part of Borough, 65 S 20. of former school authorities to cease in additl j>art of Borough, 72 S 44. Scliool Board to apply to extended liomugh, 72 8 44. relativfl to Drypool Bridge, to be approved by Board of Trade, 105 812. disagreements as to framing or alteration of, to be dcterminetl by Board of Trade, 105 8 12. with respect to stock, stock certificates to bearer and cou|x>ns, to l)e entered in register, 48 S 29 (2). RENT CHARGE, Corporation may create stock to pay ofT, 84 S4, 129 S 4. houses or buildings sold by Corporation to lie subject to annual, 76 8 57. in payment for surplus lands not to extend over sixty years, ll."i 8 i\^ reserved under leases may In* sold by Corporation, 77 S 58. RENTS due to Newington Local Board to be jiaid to Corporation, 68 .8 34. may be collected and recovered notivithstanding re[>eal of enactments, 61 S (2). REPEAL of Local Acts and Provisional Orders, 61 8 6(1). of provisions of Acta of 1854, 1877 and 1886 by Order of 1893, except so far as same may have been acte, 12H S 1. (lifTorpnoes botwe^n, nnd other school tinnrlicafion to be carried to credit of borough fnnd. 12S S8(3"). to be School Board for extended Borough, 72 S43(l). SCHOOL DISTRICT. Extended Borough to Iw, 72 S48(l). SCULCOATES RURAL SANITARY AUTHORITY, all buildings, sewers, lamps, Ac, in added part of borough to vest in Corporation, C8 S 3fi (2). Corporation may liorrow money to discharge loans triinsferred from. 80 S71. shall pay for property transferred such sum as Local (Jovernment BoanI shall determine. 69 S 36 (3). with approval of Local Government Board, may make agreements with, respecting transfer of jiowers, Jirc., Clt S.S7. saving for, 72 S 42. shall cease to hare any powers, &c., in added part of Borough, t'>8 S 86 (1). SECONDARY means of access to houses, byelaws. 138 S.S(2). SERVICE of notices. &c., 86 S98 (8). SEWAGE, appliances for raising and disposing of, to U- provided by Corporation. l!!t S3t<(l). Cottingham Local Board shall contribute toward cost of providing, maintiiining, and working. 69 S38(r). proportion of cost of, to \m- t>orne by C'otlingham liocal Board, li> S38(2). SEWER, Coqioration may close, passing into Ferry Boat Dock, 27 S4. make new. under Nelson Street. Qneen Street. and Humber Street, 27 S4. SEWERS, Commissioners of, enactments for protection of. Ut3 S 6. Corporation, before interniptini; flow of sewage in. to proride sabstituted. lOH 8 22. in connection with iuiprovenieuts, may alter and interfere with. 108 S 22. may construct, 118 8 29. Indkx. Ifi' SEWERS (continued), Cottinghani Road and CUugh Road, Corporation not compelled to enlarge. 70 S 89. to be maintained by Corporation, 70 S 39. drainage of Cottingham Local Board district may- be discharged into Cottingliam Road and Clougli Rnad. 70 S 39. Local Board may do works to, in default of owners, 4 S 87. materials obtained in alterations of, to vest in Corporation, 108 S 22. outfall, agreement respecting, to be modified, 69 S 38. proportion of cost of maintenance of, to be borne by Cottingham Local Board, 70 S 38 (3). persons making, cleaning out, unstopping or altering any sewer witboit consent of Local Board, to be liable to penalty, 23 S 11. substituted, to be under same jurisdiction as existing, 108 S22. to be provided with traps or means of ventilation, 4 S 87. walls, &c., not to be erected over any, without consent of Local Board, 2 S 69. SEWERS, &c., Cottingham Local Board and Scnlcoates Rural Sanitary Authority in added parts of Borough to vest in Corporation, C8 S 36 (2). SHERIFF, jurisdiction of, to extend throughout extended Borough, 63 S 12. SINKING FUND, amount applied in purchase for redemption of Stock, to be deemed a debt to, from Hull Corporation Loans Fund, 30 S 3 (2), 99 S 3 (2;. Corporation may apply any, in purchase for redemption of Corporation Stock, 30 S 3, 99 S 3. if Corporation fail to set apart required sum for any, Local Government Board may direct any sum not exceeding double the amount of sum in default to be so set apart, and such order shall be enforceable by mandamus, 31 S 14. regulations for the management of, 29 S 10. to be created for re-payment of moneys borrowed by Corporation, 28 S 10. Town Clerk annually to transmit to Local Government Board return showing amount applied during the year Tor purpose of, with description of securities, &c., 31 S 13. SLAUGHTER-HOUSES as nuisances, procedure in respect of, 7 S 105. SOAP-HOUSES as nuisances, procedure in respect of, 7 S 105. SOIL, may be collected for sale or shipment, by permission of Local Board, 2 S75. penalty on persons collecting or carrying away, without authority of Local Board, 2 S 74. SQUARES, Corporation, in connection with improvements, may alter, divert, stop up or appropriate, 108 S 22. Local Board may cause to be lighted, 1 S 31. paving, metalling, or materials of, altered, diverted or stopped up, to vest in Corporation, 108 S 22. to be rebuilt shall not have tunnels or covered entrances, 6 S 94. IA8 Is-nss. 8TANDS for hackney rarrii»f?e<, hvelnw* wiili respect I... 12.'> S.1(-2). in rnilwny station or yard ailjoinin^. not to be fixe«l. «'xcent with consent <«f ruinpnny. li>5 S.Sf2). STOCK, nccounts to Ik' kept an"l auilitol 'liowinjj purjiosos for which crcntwl. 43 SMI. after moneys have Iwn raistHl by issue of, nr after conversion of socuritie.s into, Corporation shall not issue mortgages or other securities for nnioiintsso raised or converted, 35 S 6. nil moneys which Corporation authorised to Kirrow, iVc., to he raise.1 liy i-spne of, nnd to rank /Kir/ /atfu with former issues, 53 S4tJ, 130 .S ><. amount applied in purchase for redemption of, to be deemed a debt to sinking fon.l from Hull Corporation Loans Fund, 30 S3(->), 99 S3 (2). annual returns of. to lie trnnsinitttHl to Local Government Boanl. 51 S 14. 52. 180 S7, 185 S2. Bank, as registrar, l>efore acting on letter of attorney may require proof of allegcil infancy, 42 S2ft(d). Ijefore paying interest, may require evidence, by statutory declaration or otherwise, of title of person claiming right to receive interest, 42 S 2R. may require all executors who have proved will, to join in traivsfrr of stock of deceasfd holder, 43 8 2S. every power of attorney to . transfer, to l>e under seal ami attesteil, 42 S28(a). Bankers' Hooks Kviilencc Act, lS7!t, .ipplicntion n|', to ri>i.'istonks n'lnting to, 42 S 28 (b). certificates to bearer to be charged with .stamp duty, 40 S 21 (4). contributions to lioans Fund, for interest on stock payable out of certain funds, Ac, 45 S34(l). in respect of stock created for, discharge of loans transferred to Corpora- tion to be paid out of District Fund nnd General District Rate, fli)S7l. general purposes of Extension and Improvement ,\cl to lie paid out of District Fund and General District Rate, 80 8 70 (4). purposes of Drypool Bridge and Improvement .\ct to b<' paid out of General District RaU\ llli SS4(2). water undertaking to be paid out of revenue of underaking, KU S 70 (4). Corporation may apply any .sinking fund In purchase for redemption of . 80 S 3, ftjl S3, may appoint person or bank to U- ropstrar of, 37 S 12 (4). lorrow moneys to pay composition for stamp duty in respe<'t of, and moneys so Iwrrowed to be deemed to be l>orrowcd under Borough Acts, 43 S30. create capital, to be calle S71. pay off or redeem stock, mortgages, bonds, &c.. 84 S4, 129 S4. STOCK (continued), Corporatiou may crctitc ca|iital to raise moneys for imrjiosps of Extension anil Improvement Act, 1SS2, 80 S 70 (2). Corporation may create capital to raise sums paid as commissions, &c., in res]ieut of stock, 34 (4), 1-29 (4). enter into arrangement with, Bank of England or other Uank tor carrying out provisions with reference to issue and transfer of, 42 8 28. holders of other securities for conversion thereof into, 85 S !l (1). securities for redemption thereof by payment in money or stock, 36 S 5, 129 S 5. nivest money raised by issue of, 49 S 39. make, alter, and rescind regulations with respect to transfer of, which shall be entered in register, 43 S 29. ])rovidc by resolution that any stock created after commencement of Provisional Order of 1888 shall be redeemable at par, 36 SI. 123 SI. redeem securities by payments in money or Corporation Stock, or partly in one and partly in the other, 36 S 5, 129 S 5. not reijuircd to allow executors or administrators to receive interest on, until probate of will or letters of administration left with their registrar for registration, 38 fS 14. shall cause register to be kept of persons entitled to Corporation Stock and the amounts, and of transfers of such stock, 37 S 12 (1). not be compelled to purchase stock unless they can do so at or below par, 48 S38(l). to provide sums directed to be carried to Loans Fund by means of con- ti-ibutions out of funds from which contributions payable, 44 S 33. coupons, on expiration of period for which issued, registrar may issue fresh, 40 S 22 (2). payment to bearer of, of amounts expressed therein, to be full discharge to registrar and Corporation, 40 S 22 (4). to be attaclied to stock certificates to bearer, entitling bearer to interest, 40 S 22 (1). payable at office of registrar, or at any bank mentioned in, 40 S 22 (3). created U> pay off or convert any security for moneys borrowed for purposes of any of borough acts, to be deemed to have been created for such purposes, 35 S 5. described in stock certificates to bearer to be a charge on same securities and subject to same powers of redemption and same incidents as ordinary stock, 41 S 26. executors or administrators of deceased holder of, only persons having any title to stock of holder, 39 S 19 (1). expenses incun-ed in execution of Loans Act to be deemed to be expenses incurred in execution earer, 4" 8 21. bsued for rcilemption of stock or payment of other securities to be deemed lo have been raised by virtue of the borrowing i)owers under which the security or stock wa.< grant«?d or created, l'2d S G. in substitution for other securities, to be subject to the same trusts, powers, incumbrances, &c., as the original securities, 36 S 93. Loan.-! Fund to be applieil, first, in p.-iynientof interest on, and then in pnrchasing stock for redemption, 48 8 37(1). created for payment of interest and redemption of, 48 S 82. Local tiovernmeiit Board may direct redemption of, 40 S38(l). moneys arising from issue of, at a premium to be carried to Loans Fund, 44 S 32 ( 1 ). capital, arising from sale of surplus lauds, &c., to be carried to Loans Fund, 44 S32(3). not to be redeemable except by agreement Iwtween Corporation and huldi-r, 36 Sll(2). on delivery to registrar of stock certificate to bearer and unpaid, coupons, he shall enter bearer in register as holder of, 41 S 23. one of joint holders of stuck may give effectual receipts for interest unless notice to contrary has been given to registrar, 38 S 15. period for redemption of, 81 S 72 ^2). persons becoming entitled to, by death, bankruptcy or insolvency of holder, or by marriage, to produce sueh evidence of title as registrar may require, and on becoming entitled may transfer stock to any other [lerson without l)cmg registered. 39 S 19 (2). holding security in trust may consent to conversion into, 35 8 (2). purchasing, not bound to inquire inUt application of purchase money, 50 841. registerinl as holders of, on day of closing register, shall be entitled to interest next [.ayablc, 39 S 18(2). posting by registrar to holder of, of interest warrant*, shall be equivalent to delivery of warrant to holder, 38 8 10 (3). power of (.'orporation to issue, 79 8 70. purchascil for redemption to be cancelled, 49 S SB (2). purposes ft>r which Corporation Stock may l)e issued, 33 8 4, 34 8 4, 129 S 4. InuKx. 191 STOCK (coiitiaueil), redemption uf, contributions in respoct of, 'now to be paid, 80 S 71-72 (a), period for, 46 S46, 130 S S. register of, may be closed for transfers ai certain periods, 38 S 18. names and addresses to be kept of holders of, 37 S 12 (1). to be evidence as regards title of liolders, 37 S 12 (3). Kef,'istrar, if authorised by Corporation, may issue stock certificates to bearer, to holder of. 40 S21. may pay interest on, by sending warrants through post, 38 S 16. shall issue on application stock receipt to holder of, 39 S 20 (1). remedy for default in payment of interest on, 49 S41. saving rights of existing holders of securities, 52 S 45. securities on which stock is charged not to be affected by provisions for raising contributions to Loans Fund, 46 S34(3). shall bear such interest as Corporation by resolution creating the ."^ame may determine, 37 S 13(1). standing in name of infant or person of unsound mind, jointly with person not under legal disability, letter of attorney for receipt of interest under hand and seal of person not under disability shall be sufficient authoi'ity, 42 S 28. stock receipts shall be evidence of title of holders of, 39 S 20 (1). gums standing to credit of any sinking fund applicable to discharge of securities converted into, shall bo carried to Loans Fund, 44 S 32 (2). to be cliarged indifferently on all revenues of lands, waterworks and property of Corporation, and on funds, accounts, revenues and rates received by Corporation, and on borough fund and rate, 35 S 7. issued in such amounts [and manner as shall be specified in resolution of Corporation, 33 S 4. personal estate, 36 S 11 (1). transferee may underwrite acceptance of transfer of, 38 S 17 (2). transfers of, forgery of, 54 S 48. to be made only in register, and to be signed by transferor or hit attorney, 38 S17(l). trustees may consent to conversion of stock or to discharge thereof before time limited, 35 S 9 (2). invest in, 36 S 10. want of stock receipt, sliall not prevent owner from transferring, 39 S 20 (1). warrants for payment of interest on, sent through post, to be deemed cheques, 38 S16. when any fund insufficient to yield amount required for contribution to Loans Fund, Corporation to provide amount required to make up insufficiency from borough fund or rate, 44 S 33. created, a like amount of such stock shall be purchased for redemption, and cancelled, 48 S 38 (1). stock certificate to bearer outstanding, stock shall not be transferable in register, 40 S 21 (3). where executors of deceased holder of, propose to transfer his stock, bank, as registrar, may require all executors to join in transfer, 44 S 28. \9> In USX. STOCK (continued), where stock stands in name of infant or person of unsound mind jointly with person nut unjor leiiiil disaiiility, letter of attorney under hand and s-al of the latter shall \v sufticient authority for the rec^'ipt of interest, 42 S 28(d). nitli interest, and sums required fur redemption, shall be charged on revenues, 35, S 7. STOCK CERTIFICATES TO BEARER, Corporation may make, alter and rescind ref?ul»tions with respect to transfer of stock ceriificntes to bearer and coupons, 43 S2;»(l). coupons to be attached to, entitling bean-r to interest, 40 S 22 (1). pnyabln at office of repistrar or iit any bank mentioned in coupon, 40 S 22 (3). fees in respect of, 41 S 27, 58. not payable for, issued in lieu of fresh cou|X)ns, 42 S 27. if issU'd to trustees, Corporation or reftistrar involved in no liability, 41 S24. lost or destroyed, registrar on receivinj; indemnity may issue fresh certificates or coupons, 41 S 25. issued to trustees not invalidated, 41 S 24. on delivery to rcijistrar of, and of unpaid coupons belonging thereto, registrar shall enter l»earer as holder of stock, 41 S 23. expiration ot period for which coupons attached to, have been issued, registrar may issue fresh coupons, 4(1 S 22 (2). only to be granted for certain fixed amounts, 40 S 21 (2). payment to bearer of coupon of amount expressed therein to be full discharge to registrar and Corporation, 40 S 22 (4). registrar, if authorised by Corporation, may issue, 40 S21 (1). under no obligation to enquire whether persons applying for are trustees, 41 S 24. stock described in, to be chnrged on same securities and subject to same powers of redemption and incidents us oniinary stock, 41 S 26. in respect of which stock certificate to bearer is outstanding shall not be transferable in register, 40 S21 (3). to lie charged with stamp duty, 40 S 21 (4). entitle l)enrer to ^lock therein spwified and U) l)e transferable by delivery, 40 8 21(1). trustees shall not apply for rir bold, unles:* authorised to do so by terms of their trust, 41 6 24. STOCK IIECEIPTS, entry of substituted, to l>e made in register, 4(1 S 20(2). fees in respect pf, 41 S 27, 58. registrar of Corporation Stock shall ou application issue, to holder of stock, 39 S20(l). to be prima facie evidence of title of holder at date of, 39 S 20(1). waut of, shall not prevent owner of Cor|>oration Stock from trausferring the same, 89 8 20(1). when, worn out, damaged, detstroyed or lost, new receipts under coitditions may be given, 3'J S2U(2). Index. 193 STOCK, REDEEMABLE, certificates of stock issued in respect of, shall be endorsed Vitli conditions of redemption, 37 SI, 123. Corporation may provide by resolution that stock created after commencement of Provisional Order of 1S88 shall be redeemable at par, 36 S 1, 123. School Board and other bodies, money borrowed by Corporation upon security of rates and lent to, to be raised by issue of, 128 S 2. sums received from, for interest and principal, or set apart out of borough fund to be paid into loans fund, 129 S 3. STONEFERRY, Infants' Board School, debt for, to be discharged by School Board for extended borough, 73 S46. landing place and ferry at, rights oE Cottingham Local Board not to be prejudiced, 71 S41. STREET, definition of, 60 S 5. STREET IMPROVEMENTS, Corporation to be liable for balance of loan for, in St. John's Wood, 71 S 40. STREETS, carts, waggons, trucks, &c., not to stand in streets longer than necessary for loading and unloading, 9 Sill, cellar windows, &c., not to be made in footways or pavements of, 3 S 84. Corporation by agreement with Dock Company, may undertake lighting, cleansing, repairing and maintenance of, 91 S 113. during improvements, may stop up carriageways or footways of, 107 S21. in connection with improvements may, alter, divert, stop up or appropriate, 108 S22. make diversions, widenings, or alterations of lines or levels of existing, loss 22. junctions and communications with existing, 108 S 22. may apportion private improvement expenses among owners or occupiers in, 88 S 103(1). divert, widen and improve, 101 S 4. make new, 101 4 (2). cost of levelling, making, paving or flagging, may be recovered by Local Board by taking poseession after notice of unoccupied or unproductive houses, buildings or lands and letting the same, 8 S 107. Drypool Bridge to be deemed a street, 105 S 11. exemption of Dock Company and their tenants from assessments for lighting and cleansing, 11 S123. expenses incurred by Local Board in street iaiprovements to be payable as soon as the Board by resolution determine to proceed with such works, and shall be recoverable with interest in summary manner, 23 S 7. gutters or channels in streets may be turned, tunnelled, covered or altered by Local Board, o S 94. highways, &c., not declared to be public highways, and not sewered, levelled, paved, &c., to satisfaction of Local Board, Board may require owners or occupiers to do requisite works, and if the same be not done to satisfaction * of Board, the Board may cause them to be executed, 21 S 5, 194 Imokz. STHEETS (i-oiitiiiue6 at corner* nf. if riiiei\<, Corporation may lorr^w uioiu-y lor, 79 S7o(l t. ii>(lit«l, ropsired, luaiiitaiiKti, cleansi-d or draint-d by Uook I'oiiiimiiy, to U- ftill lighted, Ac., by the Company, 90 S 118. Local Boanl may. by agreement with owners by way of purchuso or oxclmiifre. lay lands into strtt-ts for muking. altorinir or divi-riinvr the .*aine. 2 S 80. cause to be lighted, and contract for ligliting, 1 .S 31. contract for waterin);. 'J.S 114. purchase and remove buildings, f plans to be null and void. 134 8 4(4). Hagged, notice to owners to execute work, 22 S 6. pavement or flagging of. may be taken up to lay drains or drain gutters, 4 S 92. jiaving, metalling, or nialerinls of, altered, diverted, or stopinnl up, to vest in Coriwration, 108 .S22. penalty for failing to keeji vaults, arches, Ac. in or under, in repair, 4 8 90. on persons carrying away or collecting dust, &c., from, without authority of Local Board, 2 8 74. recovery by mortgagees of sums paid for works done in, 89 8 108. turnpike roads, highways, streets or ways which have l)een sewered, levelled, pave." STRVEVOR OF LOCAL BOARD, may insjiect diiiiiis. privies, nmi may cause ground to be opened whero lie thinks fit. 3 S h7. SUTTON ANT) STONEFERRY, part of township of. inchided in Horoui,'li. 03 S 9. 06. SUTTON AND STONEFERRY SCHOOL BOARD, debt of, lor Stoneferry Infants' School to be discharged by School Board for extended Borough, 73 S iC. powers of, for district inehided in extended Borough to ee.ise, 72 S4fi. property of, in extended Borough, and debts for such property to be transferred to School Board for extended Borough. 72 8 4f). saving for, 72 S 42. TELEGRAPH pipes, tubes, transfer his stock. Bank, as registrar, may re<|uiri; all the executors to join in transfer, 43 S 1'8. TRAPS to sewers and drains, to be provided by Local Board or owners, 4 S 88. TREASURY, Corporation with consent i>f. may ^^eil surplus lands, houses or buildings, 76 Shi. definition of, 60 S 0. TRINITY HOUSE, harboiir mast<'r appointed by, to oontrf>l opening of Drypool Bridge, 105 S12. may direct erection of mooring posts and dolphins at Drypool Bridge. 104 S8. saving rights of, 32 S 19, 91 S 115, 107 S 18. shall direct exhibition of lights on each side of Drypool Bridge, 1(4 S 10. TRINITY STREET, power for Corporation to construct road from, to Lunatic Asylum Grounds, 82 S 73. TKIPPETT, Dock Company, so long as they light and cleanse Liberty of, their tenants or occupiers, not to be liable to assessments for lighting and cleansing, 11 S123. TRUCK-MEN, Local Board may make byolaws for trying and punishing misconduct of, fixing rates, fares, Ac, to be taken by, and the distances which they shall be obliged to go and come, 10 S 1 1 5. TRUCKS, Local Board may make byelaws for licensing and regulating, and fixing stands for, 9 S 115. penalty for causing to stand in streets longer than necessary, 9 8 111. TRUSTEES, Beverley and Skidby Drainage, saving rights of, 92 8119. Cottingham Drainage, saving rights of, 02 S 120. HoldernesK Drainage, saving rights of, 'X2 S 121. may consent to conversion of securities jnto stock, or to discharge thereof before time limited, 35 S (2). defray private improvement expenses by mortgage, 89 8 108. invest in Corporation Stock, 36 S 10. registrar not obliged to enquiri- whether persons applying for stock certificates to bearer are, 41 S 24. or Corjioration not liable if stock certificates to bearer are issued to, 41 S24. shall not apply for or hold stock certitiiates to bearer unless aulhorisml to do io by terms of trust, 41 S 24. TRUSTS, notices of, not to be entered on register of stock, or to lie receivable by or affect registrar, 37 8 12(2). stock issued in substitution for securities, to be liable to former, 86 S 9 (S). TUNNELS, court*, allien, Ac, to be rebuilt, shall not have, 5 S 98. Indkx. 197 URBAN SANITARY AUTHORITY, Corporation, in laying out carriageways and footways, may exercise such powers as are vestej in any, 113 S 29. URINALS, owner or occupier of licensed victualler's house or beershop to provide and cleanse, 7 S 104. penalty for failing to provide and cleanse, when required by Local Board, 7 S 104. VAULTS, Corporation may construct, 113 S29. in 01- under streets to be kept in repair by owners, 4 S 90. may be repaired by Local Board in default of owners, 4 S 90. penalty for failing to keep in repair, 4 S 90. VERDICTS, &c., not to be quashed for want offform, 84 S 91. VICTORIA PIER, Corporation may repair or reconstruct, and approaches thereto, 27 S2. Corporation may, issue debentures for repayment of moneys borrowed for, 28 S 9. on certain days, exclude public from free admission to roof of covered way from Nelson Street to, 28 S 7. provide covered way, with roof available as promenade, 27 S 2. VISITORS, COMMITTEE OF, Council may confer on committee powers of, under Lunatic Asylums Acts, 78 S 63. WAGONS, penalty for causing to stand in streets longer than necessary, 9 Sill. WALLS not to be erected over sewers without consent of Local Board, 2 S 69. WARD, thiee Councillors at least to be returned by each, 66 S 26. WARDS, Borough to be divided into, 65 S21. Commissioner, power of, to examine witnesses, 67 S 29. to be appointed by Local Government Board to divide Borough into, 65 S21. prepare scheme for allocating councillors amongst new, 66 S 23. report within limited time, 66 S 24. Councillors to hold ofiice in allocated, for residue of term, 66 S 25. names numbers and boundaries of, for all purposes to be those set forth in order of Local Government Board, 66 S 25. to be determined by order of Local Government Board, 65 S21. order of Local Government Board respecting, to be published, 66 S25, WATER, Corporation may charge cost of obtaining, for flushing and cleansing Ferry Boat Dock to General District Rate, 28 S 5. from houses to be conveyed away by drains or tunnels below surface of pavement, 4 S 92. Local Board may make byelaws for preventing frauds in sale of, 10 S 115. pipes, Corporation not to remove in St. John's Wood, 68 S 36 (2). or mains, alteration of, ensatioii for tianiaec to. 112 S2H. in oa«p nf alteration of. Corporation to niak<' prnper -siibstituteii works, 112 S28. not to be so altereti as to have li's< than two or more than six feet covering, 112 S 28. provision for reference in case of iliffcrencc U-iwcen ('■■rp<>ration ami owner respectinj;, 112 S 28. ratinK of occupiers of land covered with. 12 S 135, 45 »S 38. WATER CARRIERS, Local HonnI may make bvclaws for liconsinR. regulating and fixing Ktands for, trucks and watvr carts, for trying nml {lunishing misconduct of ; for fixing rates and fares to be taken by : and for fixing distancen which they shall be obliged to go and come within the Borough. 9, lo S 1 1.">. WATER RENTS may be included with rates in one rale book, 7'J S ('.."> (2"). WATER SPACE between Nelson Street and Victoria Pier to I* not less than 80 feet, 27 S 3. WATER SUPPLY, byelaws made by Corporation in relation to, not to apply to area of Newington Water Company, 65 S 20. Cottingham, Corporation to be liable for balance of loan for, 71 S 4o. loan for, 71 S 40. to Newland Ward, Corporation not to interfere with. 69 S SO (2). WATER UNDERTAKING OF CORPORATION, certain expenses of executing Extension and Improvement Act, to be paid out of revenue from, 78 8 64. contributions to loans fund in respect of stock created for purposes of, to be paid out of revenue of undertaking, 80 S 70 (4). WATERING STREETS, Local Boanl may contract for, oratioii affecting, 106 S 17. WATERWORKS, Corporation may Iwrrow money for, 80 8 70(4). stock, with interest, and sums required for redemption thereof, shall be charged on revenues of, 85 S 70 (4), WKKillER, not to be interested in sale of coals, 15 S Kfi. WEIGHERS, CORN AND OTHER. Bpi».iiiteonition may make byelaws for licensing and punishing unlicensed, 87 S 100. WILLERBY ASYLUM, vesting of, in Corporation, 78 8 02 (3). IvrtMx. 199 WIRES. aliL'nitic>ii nf. to be done under superintendence «i owner, and to satisfiiction of owner's engineer, 112 S 28. belonging to Postmaster General not tu bo interfered with by Corporation, except in accordance with Telegraph xVct, 1878, 113 S 28. Corporation, in connection witli improvements, may raise, sink, or alter position of telegraphic or electric. Ill S 28. to make compensation for damage to, 112 S 28. in case of alteration of. Corporation to make proper substituted works, 112 S 28. not to be so altered as to have less than two or more than six feet covering, 112 S28. provision for reference in case of difference between Coi"poration and owner respecting, 112 S 28. WOODLAND, occupier of, to be assessed at one-fourth of net yearly value, 12 S135, 75S51. WOODS AND FORESTS, COMMISSIONERS OF, Corporation not to interfere with Crown lands without consent of, 116 S 39. WORDS AND EXPRESSIONS, in Acts incorporated with Extension and Improvement Act, meaning of, 60 S 5. WORKS, abandoned or disused, on navigable waters or rivers, Board of Trade may abate and remove, 106 S 17. period for completion of, 108 S 24. YARD, adjoining railway station, stand for hackney carriages not to be fixed except with consent of company in, 125 S 3 (2). in ease of coal delivered into any. certificate to be affixed to board or pole in front of heap, 18 S 10. YARDS, BACK, houses at corners of streets if required by Local Board shall have, 5 S 99. shall be of such dimensions as Local Board shall determine, 6 S 99. CONTENTS. PROVISIONAL ORDER, 1897. Article. Page. 1. Guardians of tlie Poor of tlie Sculcoates Union included amongst borromng authorities ... ... ... ... ... ... 1 2. Title of Order 1 Provisional Order, 1897. 1 BOROUGH OF KINGSTON-UPON-HULL. PROVISIONAL ORDER. Dated 24th March, 1897. Confirmed by the Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1897 60 <£• 61 Vict., Ch. LXVIII. Royal Assent, 15th July, 1897. Art. 1. The confirming Act of 1890* shall be altered by the insertion in Article I. of the Order of 1890f as altered by the Order of 18951 of the words " or the Guardians of the Poor of the Sculcoates Union " before the words " or the Hull and Goole Port Sanitary Authority." Art. 2. The Order of 1890 may be cited as the Kingston- upon-HuU Order 1890 this Order may be cited as the Kingston- upon-Hull Order 1897 and the Orders of 1890 and 1895 and this Order may be cited together as the Kingston-upon-HuU Orders 1890 to 1897. * Local Government Board's Provisional Order Confirmation (No. 14) Act, 1890. t Provisional Order of 1890. I Provisional Order of 1895. CONTENTS. Section. PART I. KINGSTON-UPON-HULL CORPORATION ACT, 1807. 60 and 61 Vict., Ch. CCXLIX. Preliminary. 1. Short title 2. Commencement of Act ... 3. Division of Act into parts Jr. Incorporation of general enactments 5. Interpretation 6. Execution of Act ... PART II. City Extension. 7. Extension of boundaries of city ... 8. Application of certain provisions of Act of 1882 9. Exemption from liability to county and other rates and collection of arrears 10. Adjustment of financial relations with the East Riding... 11. Deposit of plan of extended city ... 12. Copies of city plan to be evidence 13. Parliamentary limits not affected... 14. Division of city into wards 15. Constitution and number of the Council ... 16. Provision for existing councillors representing same constituents 17. As to citizens roll &c. 18. General saving for elections of councillors &c. ... 19. Cesser of jurisdiction of Cottingham Urban District Council over part of district 20. Settlement of differences by arbitration ... 21. City to be a school district 22. As to bye-laws of School Board ... 28. Cesser of jurisdiction of Cottingham School Board over part of district. 24. Corporation to be Burial Board ... PART III. Bridoe over River Hull and New Streets. 25. Power to make bridge over River Hull ... 26. For protection of Commissioners of Sewers and Drainage Commissioners 27. Application of certain provisions of Drypool Bridge Act 28. Plans of bridge over River Hull to be deposited at Board of Trade 29. Board of Trade may order local survey 30. If any works be abandoned &c. Board of Trade may direct removal 31. Saving rights of the Crown in the foreshore 32. Corporation to erect mooring posts 33. Corporation to exhibit lights Page. 1 1 1 2 2 3 3 3 4 4 4 5 5 5 5 5 5 6 6 8 8 8 9 10 10 11 12 12 13 13 13 13 14 ii. CoNTF.MTS. StcTins. Paok 34. Hyc-laws a-i t" liridgp* ... ... ... ... ... ... ... 1 I 35. IVnalty for lirwioh of byc-l»wi? ... ... ... ... ... II 36. I'ower to uiakc new streets ... ... ... ... ... ... 14 37. I'nwcr t« deviate ... ... ... ... ... ... ... ... I.''" 38. I'lTuvi fur ooniplotioii of Works ... ... ... ... ... ... l'> ;>9. J'owcr to stop ii|i certain St rt-et* ... ... ... ... ... ... 1ft ['.\I ... ... ... ... ... ... ... 17 1:.'. Corririiaions on disphiflnu per.-oMs of LilMiiiring class ... ... ... IS 46. Single arliilrnt'ir to deliTniiiie conipeM.sation ... ... ... ... -1 47. Provision for payment to trustees ... ... ... ... ■■• I'l 48. Owners uiny be reijuiied to sell jiarts only ol certAin pro|)Crtics... ... "-'1 49. Power to appropriate lands for purposes of Act ... ... ... ... :.'4 50. Amendment of i. .')7 of Act of 1882 •■i* 51. Applieation of ss. 58 and 5S» of Act of 1882 1'4 PART VI. 1'owkhs or I'xiRnowi.sti ; Ex'istino Debt. 52. I'ower to liorrow for purj)0ses of Act ... ... ... ... ... 24 53. Period for i>aynicut off of money borrowed ... ... ... ... I'.'i .'•I. Protection of lenders from inquiry ... ... ... ••• 26 55. C'or|)oration not to reitpird trusts ... ... ... ... ... ... 26 56. .Vpi^liiation of money l)orrowed .. ... ... ... ... ••■ 26 57. Provision a.« to existing debt ... ... ... ... ... ••• 26 PART VII. Rates. 58. Discontinuance of e\em]ition from certain rates ... ... ... ••• 27 51). Consideration for diseiintinuanco of exemption ... ... ... ••• 28 CO. Repeal of certain rating exemptions .... ... ... ••• ••• 2!1 61. Repeal of Section Til of A el of 1882 2!» 62. Power to ('orporation to allow rclmtos on |>ersonaI payment of mtcs ... 2".t 63. Recovery of rates ... ... ... ... ••• ••• ••• 29 P.MIT \ill RtXHEATION (iROCSDS. 64. Power to set apart land for ;;amcti and regulations as to fishing and skating ... ... ... ... ... •■. . •■• ■-".' 65. Power to provide apparatus for game? ... ... ■• •-. ••■ "(i 66. Contribution lo jiand of music ... ... ... •■• ••• ••• 3 16 iC, IT 4;t :>".» 6rT|Hvi| Bridge Act. Plans I.I tiridpc over Hiver Hull to be dc|>ogitcurcliase of tnilH. Pcr9i>n!t einiM>wcru'i by I^nds Clauses Acts to wll lands may ^'rniit r.i»emcnt» ic. Kcatrictjoni on •lisplnoing persons of Ikbouring cUm. misstatement or erroneous description arose from mistake they slifill (ortify the same accordingly statinj^ the particulars of the oHiissiun misstatement or erroneous description and such certificate shall be deposited with the clerk of the peace for the city and shall be kept by him with the other documents to which it relates and subject and according to the same enactments and provisions as apply to those other documents and thereupon the deposited plans or book of reference (as the case requires) shall be deemed to be corrected according to the certificate and the Corporation may enter on take hold and use those lands accordingly. 43. The pmvcrs of the Corporation for the compulsory purchase of lands easements or rights for the purposes of this Act shall cease after the expiration of three years after the passing of this Act. 44. Persons empowered by the Lands Clauses Consolidation Act 1845 to sell and convey or release land may if they think fit subject to the provisions of that Act and of the Lands Clauses Consolidation Acts 18()U and 1809 and of this Act grant to the Corporation any easement right or privilege (not being an easement right or privilege of water in which persons other than the grantors have an interest) required for the purposes of this Act in over or affecting any such lands and the provisions of the said Acts with respect to lands and rent charges so far as the same are applicable in this behalf shall extend and apply to such grants and to such easements rights and privileges as aforesaid respectively. 45. — (1) The Corporation shall not under the powers of this Act purchase or acquire ten or more houses which on the fifteenth day of December last were or have been since that date or shall hereafter be occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers unless and until — (a) They shall have obtained the approval of the Local Government Board to a scheme for providing new dwelhngs for such number of persons as were residing in such houses on the fifteenth day of December last or for such number of persons as the Local Government Board shall after inquiry deem necessary having regard to the number of persons on or after that date residing in such houses and working within one mile therefrom and to tbe amount of vacant suitable accommodation KlNGSTON-UPON-HuLL CORPORATION AcT, 1897. 19 in the immediate neighbourhood of such houses or to the place of employment of such persons and to all the circumstances of the case ; and (b) They shall have given security to the satisfaction of the Local Government Board for the carrying out of the scheme. (2) The approval of the Local Government Board to any scheme under this section may be given either absolutely or conditionall)^ and after the Local Government Board have approved of any such scheme they may from time to time approve either absolutely or conditionally of any modilications in the scheme. (3) Every scheme under this section shall contain provisions prescribing the time within which it shall be carried out and shall require the new dwellings proposed to be provided under the scheme to be completed fit for occupation before the persons residing in the houses in respect of which the scheme is made are displaced : Provided that the Local Government Board may dispense with the last-mentioned requirement subject to such conditions (if any) as they may see fit. (4) Any provisions of any scheme under this section or any conditions subject to which the Local Government Board may have approved of any scheme or of any modifications of any scheme under this section or subject to which they may have dispensed with the above-mentioned requirement shall be enforceable by a writ of mandamus to be obtained by the Local Government Board out of the High Court. (5) If the Corporation acquire or appropriate any house or houses for the purposes of this Act in contravention of the foregoing provisions or displace or cause to be displaced the persons residing in any house or houses in contravention of the requirements of the scheme they shall be liable to a penalty of five hundred pounds in respect of every such house which penalty shall be recoverable by the Local Government Board by action in the High Court and shall be carried to and form part of the Consolidated Fund of the United Kingdom : Provided that the Court may if it think fit reduce such penalty. (6) For the purpose of carrying out any scheme under this section the Corporation may appropriate any lands for the time being belonging to them or which they have power to acquire ; 20 KlNOSTON-UPON-HuLL CoKPOBATION AcT, 1897. Provided that nothincj iu this section shall relieve the Corporation from the necessity of obtaining the approval of the Local Govemnient Board for such appropriation or use of their corporate land as would require such approval under the Municipal Corporations Act 1882 (as amended by section 72 of the Local Govemnient Act 1888) or any other general Act. (7) Subject to the provisions of this section the Corporation and the Local Government Board and their inspectors shall have and may exercise for any purpose in connection with any scheme under this section all or any of the powers vested in them under the Public Health Act 1875 in the same manner in every respect as if the preparation and carrying into effect of such scheuie were one of the general purposes of that Act : Provided that all lands on which any buildings have been erected or provided by the Corporation in pursuance of any scheme under this section shall for a period of twenty-five years from the date of the scheme be appropriated for the purpose of dwellings and every conveyance demise or lease of such lands and buildings shall be endorsed with notice of this enactment : Provided also that the Local Government Board may at any time dispense with all or any of the requirements of this Bub-section subject to such conditions (if any) as they may see fit. (8) The Corporation shall pay to the Local Government Board a sum to be fixed by that Board in respect of the preparation and issue of any Provisional Order in pursuance of this section and any expenses incurred by that Board in relation to any inquiries under this section including the expenses of any witnesses summoned by the inspector holding the inquiry and a sum to be fixed by that Board not exceeding three guineas a day for the services of such inspector. (9) For the purposes of this section the expression " labouring class " includes mechanics artisans labourers and others working for wages hawkers costermongers persons not working for wages but working at some trade or handicraft without employing others except members of their own family and persons other than domestic servants whose income does not exceed an average of thirty shillings a week and the families of any of such persons who may be residing with them. KiNGSTON-UPON-HuLL CoBPOBATION AcT, 1897. 21 46. — (1) Every case of disputed compensation arising under this Act in respect of any hereditament not exceeding in rateable value twenty pounds per annum shall be heard and determined by a single arbitrator to be appointed unless both parties concur in making the appointment by the Judge of the County Court of Yorkshire holden at Kingston-upon-Hull on the application of either party. (2) Any such application to the Judge must state that fourteen days (at least) have elapsed since service of the notice to treat and that the parties have failed to concur in making a joint appointment. (3) Every arbitrator appointed under this Act shall have all the powers of a single arbitrator appointed under the Lands Clauses Acts and the provisions of those Acts incorporated with this Act shall apply accordingly. (4) In the event of the death removal resignation or incapacity refusal or neglect to act of any arbitrator before he shall have made his award the Judge may appoint another arbitrator to whom all documents relating to the matter of the arbitration which were in the possession of the former arbitrator shall be delivered. (5) Where two or more hereditaments belong to the same owner or owners or are included in one notice to treat the provisions of this section shall apply notwithstanding that the aggregate rateable value of such hereditaments may exceed twenty pounds per annum but shall not apply if any of such hereditaments exceeds the said rateable value of twenty pounds per annum. 47. Notwithstanding Section 69 of the Lands Clauses Con- solidation Act 1845 any purchase or compensation moneys payable in pursuance of this Act may be paid direct to any trustee or trustees who on a sale under the Settled Land Acts 1882 to 1890 or otherwise could give a legal discharge for such purchase money. 48. And whereas in the construction of the works by this Act authorised or otherwise in the exercise by the Corporation of the powers of this Act it may happen that portions only of certain properties shown or partly shown on the deposited plans will be sufl&cientfor the purposes of the Corporation and that such portions or some other portions less than the whole can be severed from the remainder of the said properties without material detriment thereto Therefore the following provisions shall have effect : — Single arbiti-.Ttor to deteiaiiiie conii«Msaticiii. Provision for payment to trustees. Owners may be required to sell parts only of certain properties. 22 KiNOBTON-Ul'ON-HOLL CORPORATION AcT. 1897. (1) The owner of and persons interested in any of the l)roperties whereof the whole or part is described in the Third Schedule to this Act and whereof a portion only is required for the pur|)oses of the Corporation or each or any of them are hereinafter included in the term the owner and the said properties are hereinafter referred to as the scheduled properties : (■2) If for twenty-one days after the ser^-ice of notice to treat in respect of a specified portion of any ot the scheduled properties the owner shall fail to notify in writing to the Corporation that he alleges that such portion cannot be severed from the remainder of the property without material detriment thereto he may be recjuired to sell and convey to the Corporation such portion only without the Corjioration being obliged or compellable to purchase the whole the Corporation paying for the portion so taken and making compensation for any damage sustained by the owner by severance or otherwise : (3) If within such twenty-one days the owner shall by notice in writing to the Corporation allege that such portion cannot be so severed the jury arbitrators or other autliority to whom the question of disputed compensation shall be submitted (hereinafter referred to as the tribunal) shall in addition to the other questions required to be determined by them determine whether the portion of the scheduled property specified in the notice to treat can bo severed from the remainder without material detriment thereto and if not whether any and wliat other portion less than the whole (but not exceeding the portion over which the Corporation have compulsory powers of purchase) can be so severed : (4) If the tribunal determine that the portion of the scheduled property specified in the notice to treat or any such other portion as aforesaid can be severed from the remainder without material detriment thereto the owner may be re(juired to sell and convey to the Corporation the portion which the tribunal shall have determined to he so severable without the Corporation KINGSTON-UPON-HULL CORPORATION AcT, 1897. 23 being obliged or compellable to purchase the whole the Corporation paying such sum for the portion taken by them including compensation for any damage sustained by the owner by severance or otherwise as shall be awarded by the tribunal : (6) If. the tribunal determine that the portion of the scheduled property specified in the notice to treat can notwithstanding the allegation of the owner be severed from the remainder without material detriment thereto the tribunal may in their absolute discretion determine and order that the costs charges and expenses incurred by the owner incident to the arbitration or inquiry shall be born and paid by the owner : (6) If the tribunal determine that the portion of the scheduled property specified in the notice to treat cannot be severed from the remainder without material detriment thereto (and whether or not they shall determine that any other portion can be so severed) the Corporation may withdraw their notice to treat and thereupon they shall pay to the owner all costs charges and expenses reasonably and properly incurred by him in consequence of such notice : (7) If the tribunal determine that the portion of the scheduled property specified in the notice to treat cannot be severed from the remainder without material detriment thereto but that any such other portion as aforesaid can be so severed the Corporation in case they shall not withdraw the notice to treat shall pay to the owner all costs charges and expenses reasonably and properly incurred by him in consequence of such notice or such portion thereof as the tribunal shall having regard to the circumstances of the case and their final determination think fit. The provisions of this section shall be in force notwithstanding anything in the Lands Clauses Consolidation Act 1845 contained and nothing contained in or done under this section shall be held as detennining or as being or implying an admission that any of the scheduled properties or any part thereof is or is not or but for 24 KiKGSTON-UrON-HuLL CORPORATION AcT, 1897. Tower lo nppropri.itc luD'ls for purposcj of Act. Amendment of 8. i'l? of Act of 1882. Application of m. f>S anoration 55_ Tlic Corporation shall not be l)Ound to recofjnise or see not to ^ega^l i • i- j trust*. to the execution of any trust whether expressed or implied or constructive to which any loan or security for loan given by them under this Act may be subject but the receipt of the person or any one of the persons or (as the case may be) of the personal representative or representatives of the person or the last sur\'ivor of the persons in whose name or names an}- loan or security for loan stands in the books of the Corporation shall from time to time be a suflicient 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 incumbrance or transfer of such loan or security. Application Kg Moncv borrowcd bv the Corporation under this Act of money '' •' "^ _ i • i • • borrowi.i. shall be applied only for the purposes of this Act for which it is authorised to be borrowed and to which capital is properly applicable. (ii.) Existing Debt. Provision M g»jf ^jjd whercas the Corporation have from time to to existing ** • ^ "^^^^ time under statutory authority or the sanction of Government Departments borrowed large sums the particulars whereof are contained in the Fifth Schedule to this Act which sums are repayable within different periods and it is expedient to equate the periods of repayment of the sums owing in respect of each debt Therefore the following provisions shall have effect : (namely) All the provisions of any Act or Order confirmed by Parliament or of any sanction of a Government Department prescribing the periods within which any sums forming part of the debts referred to in the Fiftli Schedule arc to be repaid shall so far as regards the said sums be repealed as from the thirty-lirst day of March one thousand eight hundred and ninety-eight and in lieu thereof it is hereby enacted that : — KiNGSTON-UPON-HULL CORPORATION AcT, 1897. 27 (i) All sums owing in respect of the borough fund debt and any moneys re-borrowed in lieu thereof shall be repaid within fifty-five years from the thirty-first day of March one thousand eight hundred and ninety-eight ; (ii) All moneys owing in respect of the waterworks debt and any moneys re-borrowed in lieu thereof shall be re-paid within fifty years from the thirty-first day of March one thousand eight hundred and ninety- eight ; (iii.) All moneys owing in respect of the sanitary and general debt and any moneys re-borrowed in lieu thereof shall be repaid within thirty-five years from the thirty-first day of March one thousand eight hundred and ninety-eight ; (iv.) The annual payments to be made to the Loans Fund or any sinking fund established for the repayment of the said sums shall be made on or before the thirty- first day of March in each year and the first payments thereto shall be made on or before the thirty-first day of March one thousand eight hundred and ninety- nine ; (v.) The Corporation shall on or before the thirty-first day of March one thousand eight hundred and ninety- eight pay into the Loans Fund or any sinking fund existing at the commencement of this Act in respect of the said sixms all sums due to those funds on that day. . PART VII. Rates. 58. The exemptions from payment of rates which were Dis^utinu- IT) OP OT granted or continued by Sections 121 and 123 of the Improvement exempt lou from C6rt3.iri Act and Sections 112 and 114 of the Act of 1882 to or in favour of rates. the North Eastern Railway Company as the successors of the Dock Company at Kingston-upon-Hull and their tenants and to or in favour of any dwelling-houses warehouses lands or hereditaments of the said Railway Company as such successors as aforesaid whether occupied by the said Railway Company or their tenants (■x.-in!'ti 28 KrxG3T0M-t'p<>x-HiM, Cokporation Act, 1897. and to or in favour of the owners and occupiers of properties situate in certain streets quays and other places within the city which prior to the passing of the North Eastern Railway (Hull Docks) Act 1893 were lighted cleansed repaired maintained or drained by the Dock Company at Kingston-upon-Hull shall cease and determine from and after the commencement of this Act and from and after the commencement of this Act the said sections and all other enactments (if any) granting or continuing such exemptions as aforesaid shall l»e repealed and the North Eastern Railway Company and their tenants and the said owners and occupiers shall thenceforth be liable to all rates in common with all other owners and occupiers within the city. £'!ii»cM-'°° ^^" ''^ consideration of such repeal — tinuance of i • t i^ i ( 1 ) 'J'iie Corporation siiall pay to the said Railway Company the sum of four thousand five hundred pounds ; (2) The Corporation shall cease to exercise the statutory rights and powers of receiving and recovering from such owners and occupiers as aforesaid payments or contributions in respect of lighting which rights and powers were transferred to the Corporation by Section 29 of the North Eastern Railway (llull Docks) Act 1893 ; (3) For a period of ten years from the thirty-first day of March next after the commencement of this Act the owners and occupiers for the time being of the properties respectively mentioned or described in a list signed by the said Chairman of the Committee to which the Bill for this Act was referred shall be entitled to and shall be allowed by the Corporation an exemption or rebate from the general district rate in each year of the amount set opposite to the respective properties in that list but subject as aforesaid the owners and occupiers of such properties shall be liable to be rated to the general district rate equally witli nil other owners and occupiers within the city ; (4) Copies of the said list shall within one month from the passing of this Act be deposited with the Town Clerk and with the firm of Messieurs Rollit and Sons Kingston-upon-Hdll Cobporation Act, 1897. 29 solicitors at their offices in Kingston-upon-HuU and such copies shall be open to the inspection of any of the owners and occupiers aforesaid. 60. — (1) Section 113 (As to streets &c. repaired &c. under the Hull Dock Acts) of the Act of 1882 is hereby repealed. (2) From and after the expiration of fifteen years from the passing of this Act Section 67 (As to rating of railway and dock properties in the added part of the borough) of the Act of 1882 shall be repealed. 61. Section 51 (Exemptions under Section 211 of Public Health Act to apply to property in added part of borough) of the Act of 1882 is hereby repealed. 62. The Corporation may make such rebates or allowances as they may from time to time resolve not necessarily on an uniform scale in all cases but not exceeding in any case one shilling in the pound on all or any rates which are paid at the office of the city treasurer within one month from the date of the service of the demand note for such rates. 63. All rates which the Corporation are entitled to levy and raise under this Act or any other Act for the time being in force shall be recoverable and the payment thereof may be enforced by the Corporation in like manner as if they were poor rates and with the like right of appeal but without prejudice to any other mode of recovery and enforcement lawfully exerciseable by the Corporation. Repeal of certain rating exemptions. Repeal of Section 51 of Act of 1882. Power to Corporation to allow rebates on personal payment of rates. Recovery of rates. PAET VIII. Eecbeation Grounds. 64. — (1) The Corporation may from time to time set apart portions of any park or place of public resort or recreation for the time being belonging to or held by them for cricket football archery and other games but so that the same shall be open to the public when not in use for such games and the Corporation may make bye-laws for regulating the use of and the charges (if any) for the use of the portions of the park or place so set apart. (2) The Corporation may make bye-laws for regulating the fishing in and skating upon any lake or piece of water in any such park or place of public resort or recreation. Power to set apart land for games and regulations as to fishing and skating. so BoNGBTON-CPON-HlLL COBPORATION AoT, 1897. Power to pro Tide •pparatoB for gunea. ConlributioD to band of music. Chairs and •eats for public UM. Pi.wcr to Gt'r- poration to pay cxpciisci of keeping aaimali ix. As to Drypool Orecn. 65. The Corjioration may provide swings gyiunasium apparatus and apparatus for games and recreation for the use of the pubHc frequenting the parks and places of public resort or recreation for the time being belonging to or held by the Corporation and may charge for the use thereof and they may lease or grant for any term not exceeding three years the right of providing and charging for such swings or apparatus on such terms and conditions as they think proper. 66. The Corporation may from time to time pay or contribute towards the payment of a band of music to perform in any park or place of public resort or recreation for the time being belonging to or held by the Corporation and the Corporation may enclose an area within which such band shall play and may make alter and repeal bje-laws for regulating the time and place for the plapng of the band the payments to be made for admission within the said enclosure and for securing good and orderly conduct during the playing of the band Provided that the payments or contributions of the Corporation for or towards such baud shall not in any year exceed the sum of five hundred pounds and shall be paid out of the borough rate. 67. The Corporation may from time to time place or authorise any person or persons to place seats or chairs in any street park recreation ground or other public place for the use of the public and may if they think fit charge or allow such person or persons to charge a reasonable sum for the use of chairs and may make alter and repeal bye-laws for regulating the use of seats aud chairs and for preventing injury or damage thereto. 68. The Corporation may defray out of the general district rate the expenses of providing suitable accommodation for and of keeping any animals birds reptiles or insects or any objects of interest which may be presented to the city and any other incidental expenses incurred in connection therewith. 69. The open space in the city known a.s Drypool Green and the two triangular pieces of waste land in the said city situate respectively at the junction of Church Street with the Hedon Road and at the junction of the Hedon Road with Great Union Street shall on and after the commencement of this Act be by virtue of this Act vested in the Corporation to be by them held and managed as aud for city recreation grounds but KlNG8T0N-UP0N-HULL CoKPORATION ACT, 1897. 31 subject to the right of the overseers of the parish of Drypool to regulate the Drypool feasts and pleasure fairs thereon and to take the tolls and dues payable thereat and apply and disburse the same as heretofore and subject as to the said Drypool Green to such right of way (if any) over the same as belongs to the North Eastern Railway Company in respect of lands of the said Company abutting on the said Green and subject as to the said triangular piece of waste land situate at the junction of the Hedon Road with Great Union Street to such right of drainage and such easements in through upon and over the same as belonged to the owner or owners of the hereditaments to the east of such piece of land immediately before the passing of this Act and all the enactments and bye-laws in force for the time being with respect to the other recreation grounds or public places under the control of the Corporation shall subject as aforesaid extend and apply to Drypool Green and the two said pieces of waste land in the hands of the Corporation. PART IX. Stock. Scheme for Conversion of Existing Irredeemable Stock. 70. (1) The Corporation may at any time after the convrrtion\y commencement of this Act prepare and submit to the Local ?grefmen'pf '■ '■ irredeemable Government Board a scheme for enabling the Corporation by ''^°'=''- agreement with the holders of and persons interested in any Corporation stock which is only redeemable by agreement between the Corporation and the holder of such stock (in this Act referred to as irredeemable stock) to convert that stock into Corporation stock redeemable not later than the thirty-first day of December one thousand nine hundred and fifty and bearing interest at such rate not exceeding four pounds per centum per annum as may be specified in the scheme. (2) The scheme may vary the provisions of the Hull Cor- poration Loans Act 1881 and of any Act or Order amending the same with respect to the contributions to the loans fund and their investment and application and with respect to any other matter for the purpose of adapting them to the case of redeemable stock and generally may make any provisions necessary or proper for carrying it into effect subject to the pro\isions of this Act. 32 KlNGSTON-lTPON-HuLL CORPORATION AcT, 1897. (3) If and when the scheme is approved by the Local Government Board (but not otherwise) it shall be lawful for the Corporation to put it into execution and for any holder of or other person interested in any Coqjoration irredeemable stock including trustees executors administrators and persons under any disability to agree or consent to the conversion of that stock subject and according to the provisions of this Act and of the scheme. (4) A scheme made under this section may on the application of the Corporation be amended by order of the Local Government Board. Power for Cor|>oratioii to nc<|uire undertaking nf olil Gas Company. Power to make a(frcc- ments for supplying district of old Company. A» to gaa- works of old company. PAKT X. Supply of Gas. 71. The Agreement set forth in the seventh schedule to this Act between the Corporation and the Kingston-upon-Hull Gas Light Company (in this Act referred to as the old Company) for the sale and transfer of the undertaking of the said Company to the Corporation is hereby confirmed Provided that such Agree- ment shall not be carried into effect without the sanction of the Local Government Board The Corporation shall within one month from the passing of this Act apply to the Local Government Board for such sanction and forthwith take all necessary steps for obtaining the same. 72. In the event of such transfer taking place the Corpora- tion may enter into and carry into effect an agreement or agreements with the British Gas Light Company Limited and the Sutton Southcoates and Drypool Gas Company or with either of those companies for the supply of gas by those companies or by one of them within or for or to the whole or any part or parts of the district now sujiplied by the old Company or for the sale of gas by both or one of those companies to the Corporation at such price and on such terms and conditions as may be agreed for the purpose of being supplied by the Corporation. 73. In the event of such agreement or agreements being made it sliall not be obligatory on the Corporation to carry on the Undertaking of the old Company or to supply gas within the district now supplied by the old Company if the Corporation shall KiNGSTON-UPON-HULL CoEPOBATION AcT, 1897. 33 have procured the British Gas Light Company Limited and the Sutton Southcoates and Drypool Gas Company or one of them to enter into an undertaking satisfactory to the Corporation binding those Companies or one of them to supply gas within the said district and in that case it shall be lawful for the Corporation to pull down and remove the gasworks of the old Company and to sell and dispose of all plant materials and other property belonging to them and either to sell or let or to utilise for any purpose of any of the public or local Acts in force within the city the site of the said gasworks and other lands (if any) transferred to the Corporation by the old Company. 74. In the event of such transfer taking place as aforesaid the British Gas Light Company Limited and the Sutton South- coates and Drypool Gas Company and each of them are and is hereby authorised to enter into the agreements or agreement and undertaking mentioned or referred to in the last two preceding sections and notwithstanding anything in the Memorandum or Ai'ticles of Association or in the Act of Incorporation of the said Companies respectively to supply gas for consumption within the limits of the old Company in accordance with such agreement or undertaking as aforesaid. Power to British and Sutton Com- panies to make agreements. 75. If the Undertaking of the old Company shall be winding-up " J. ./ and dissolu- transferred to the Corporation under the powers of this Act the *'°" "^ °''' Company m committee of management of the Company then in oflBce shall certain event.--, continue in office without re-election and may and shall exercise all powers and do all acts necessary or proper for winding up the affairs of the Company and when the affairs of the Company have been completely wound up the committee of management or any two members thereof acting in pursuance of a resolution of the committee shall certify under their hands to that effect and shall cause a copy of their certificate to be published in the London Gazette and on the expiration of one month from the date of that publication the Company shall be by virtue of this Act dissolved The powers by this section given to the committee of management shall continue in force notwithstanding the death resignation or incapacity of any member or members so long as the number of the committee is not less than five. 34 lUNOSTON-UPON-HrLI. Coill'OBATION AcT, 1897. PART XI. Water. W.tor I'n'lortokiiiK to continue Test«. ici. 280. KiNGSTON-UPON-HuLL CORPORATION AcT, 1897. 59 FOURTH SCHEDULE. Description of Water Limits. • The extended city and the townships of Anlaby and Willerby and parish of Kirk Ella and so much of the parish of Hassle as is not included within the limits of the city and so much of the parish of Cottingham Without as is comprised within the following boundaries namely an imaginary line commencing at the north- west point in the city boundary on the north side of Endike Lane and extending thence along the centre of the Cottingham drain to the junction of the said drain with the drain called the " nine foot drain " from thence north by west along the centre of the said nine foot drain crossing North Carr Lane for forty-seven chains westward along the centre of the said drain for two-and-a-half chains and north by west for twenty-three chains to the junction of such drain with Moor Dike thence westward along the centre of the last mentioned dike two-and-a-half chains to its junction with Pan Bottom drain from thence extending along the centre of Pan Bottom drain for fifty-eight chains to its north end and continuing north by an undefined line to the centre of Dunswell Lane and thence extending eastward along the centre of Dunswell Lane to its junction with the Beverley Road and thence by an undefined line due east to the centre of the River Hull and thence extending southward along the centre of the River Hull to the city boundary. Q a2 Eh » •— 1^ * (tcpmjf « « * ' 1 iiui]|ais'') 1 00 r* iq»a puofl V ■^ c QC :s r*' 9* OD ♦ ♦■ ♦4* = 1 1 ■ UDOjg-jiraarads «« 1 1 1 1 1 •r o» at £| •(punj guw/j) •r c« e. s& 'l^ojs 1 o 1 s r 'jaao ja " o « * « O o ■e •iqop ^ S 1 o IC e. 1 isq)o JO paog -' i> 5 to of _• o 00 CD c Tiaojg «r o> iO ^ S 3(q«m33p3H s 1 s •juao jad g m CO o cc* 1 « *" • o «2 •^30 IS g g 9|qVIII39p9n ')D30 JM Is «tf 1 g 1 at ■c p-« o ^ * laoJS / t* •^ « o QiqvmMpaiii QC t^ » o •JU90 JSd f g ttf s tn g crT 3 O •siqsmsapOH •^naa jaJj crt « •a 1 s i •2 5 »- at -oiqnmsaiiOH •inM Jod fg «*» 1 "l" 1 s • ^_ o o ^rt •fl S C^ ■^ 'n M ■aiqnaraapaJJi •jnoo jad f g " 1 --tj o» e i QD ^ oT a* to ^ o ^ ' "* ^ o 00 « ■9iqvaiaapa){ s 1 •lOM ja M ^ •" 1 . o OC •* « '•tq«mao|«jj | •" •jiin.i ind R i ^ I" s <« 5 » ^ i 8 >•• jj S" 2 JS c m •8 1 •e 1 e t s o o » j: o e «4 o B •» B a s o •s 2 a c 1 ^1 9^ C J5 /-\ 3 « •c lock uitir •i PJ e« 0>tS Q 00 C|( O 9 5 '•- -b. e repaid within 5.-. years from 81st March, 1898, 27 S ."i? (1). BOROrOII RATE to lie local rate as reganls moneys raised for any other purpos« tlian the new stn^ts authorised by this Act, including costs of Act, 25 S 52 (4). BORROWING POWERS, all moneys borrowed under this Act to be paid off within 50 years, except costs of Act, which are to tx> paid off within 1(» year», 25 S o.S. Corporation's, for purposes of Act, not excelling £25,000 for land for, and for new bridge ; £200,000 for new streets ; £1,900 for Crematory ; and such sums as may be requisite for purchase of Kingston ny>ou Hull Has Light Company's Undertaking, and expenses of obtaining this Act, 24 S 52 (1). giren by this Act not to be restricted by regulations in Section 234 of Public Health Act, 1875, 25 S 52 (5). Money borrowed under this Act shall Im? applied mily for the pnrposes for which it is authorised to be Imrrowed, and to which capital is properly applicable, 26 S 56. BOUNDARIES OF CITY, extension ol, 3 8 7. Parliamentary, not affected by Act, 5 S 13. I'.RIDOE OVER RIVER HULL, Application of r)>ortilion to exhibit from sunset to sunrise such lights (if any) on each side of, as Board of Trade may direct, 14 S 33. Plans of, to be deposited at Boanl of Trade, 12 S 28. Power to make at Scott Street, 11 S 25. BRII'fiE.'', Power to Corporation to lay mains across, 34 S 79. Penally for breach of Bye-Laws as to, 14 S 85. Bl'ILDINtiS, lamjis, lamp-posts, 4c., of Cottingham Urban District Council in parts of their district added to City to vest in Corporation, t! S 19 (2). BL'UIAL HOARD, ('or|>.>ration to Ik>, for extended City, hi S 24. BYE-LAWS and Enaeluients with res|M>ct to other recreation gn>und8 in City to ajiply, sulijecl to certain conditions, to Dryjxiol (iri'en and two triangular pieces iif waste land near same, 3) S C9. Indkx. (59 BYE-LAWS (Continued), as to Bridges, Corporation may make, to be confirmed by Board of Trade, and to conform as regards Drypool Bridge to Section 12 of the Hull (Drypool) Bridge and Improvements Act, 1885, 14 S 34. Penalty for breach of, 14 S 35. as to Crematorium, Corporation to prepare and submit to Secretary of State, who may at any time require them to be submitted to him for revision or modification, 16 S 40 (2) (3). Penalty for contravention of, 16 S 40 (4). Corporation may make, alter, and repeal, for regulating time and place for playing of bands of music, and p-iyments for admission, and for securing good and orderly conduct, 30 S 66. make, alter^and repeal, for regulating use of seats in streets, parks, &c., 30 S 67. alter or repeal, subject to certain enactments, 44 S 110. make, for preventing waste, &c., of \yater, &c., so long as a constant supply of water is given, 38 S 93 (1). make, for regulating use of land in parks, &c., for games, and the fishing in or skating upon any lake therein, 29 S 64 (2). In case of failure to observe, Corporation may, after 24 hours notice, execute repairs to water pipes, &c., and charge cost to person on whose credit water is supplied, 88 S 93 (4). of School Board for existing City to apply to extended City, 8 8 22. CHAIRS and Seats, Corporation may place, for public use in any street, park, &c., and may charge for use thereof and make bye-laws, &c., with respect thereto, 30 S 67. CITIZEN ROLL, &c.. For the purposes of, the added part of the City to be deemed to have always been part of the City, 5 S 17. COMMENCEMENT OF ACT, 1 S 2. COMMISSIONERS OF SEWERS AND DRAINAGE COMMISSIONERS, Clause for protection of, 1 1 S 26. COMPENSATION not payable to officers of District Council in consideration of contribution to establishment expenses, 8 S 19 (9). Provisions of Section 46 to apply, where two or more hereditaments belong to same owner or owners, or are included in one notice to treat, notwithstanding aggregate rateable value may exceed twenty pounds per annum, but not if any of such hereditaments exceeds rateable value of £20 per annum, 21 S 46 (5). Single Arbitrator to determine in respect of any hereditament not exceeding rateable value of £20 per annum, euch Arbitrator to be appointed, unless both parties concur in making the appointment, by the County Court Judge, 21 S46 (1). to be paid any Clerk, Master, or Teacher, under Cottingham School Board who loses office or is deprived of emoluments or receives smaller remuneration by reason of any provision in Act, 9 S 23 (2). to Clerk, Master, or Teacher, under Cottingham School Board, conditions as to, 9 S 23 (3). 70 Ihdex. COMPENSATION (continued) to Clerk, Master, or Teadier under Cottingham Soliool IJi-ard, to Ix" forfeited if Hull School Bnard offer* Bimilar employment of equal or greater value, and such ofTicial accepts, or fails within one month to accept, it, 10 S 23 (4). COMPLETION OF BRIDGE and New Streets Peritxl for. five y ears, 15 S S«. CORONEH AND .lURV under Coroner's Act, 1887, or any Ae interfered with hy o|>eration of Section 4lt as to provision of a Crematory, 17 S 40 (7). COSTS, charges, and exj'ensC'" incurrwl by Ci>ttinghnin Urban District Council in re8|)ect of their negotiations with the Corporation and passing of Act, to paid by Corporation, 8 S 19 (11). of obtaining, &c., this Act to !« paid out of Borouph Fund and Borough Rate, or out of moneys to be borrowed on security of that fund or rate, 44 S 112. COTTINGHAM SCHOOL BOARD, Jurisdiction of, in added part of City t.> cease in, and buildings nnd fittings within such part to vest in Hull School Board, 9 S23(l). URBAN DISTRICT COUNCIL and Corporation, any difference between, to be ."-eltled by sm Arliitrulor appointed by the parties, or in default of agreement by the Local tiovi-rnuiont Board, M S 20. Costa of, in relation to passing of .\rt, Ac, to U- paid by Corporation, 8 S19 (11). Corporation to supply with certain quantity of water gratuitously, and further quantity for payment subject to conditions, 40 S 99. Establishment Expenses, Corporation to i>ay towards, for \it years, £92 per annum, 8 S 19 (9). Jurisdiction of, to cease in relation to the parts of its district added to the City by the Act, 6 S 19. to bi- paid for jiropTty transferred to (Corporation, S 19 (3). WITHIN, added part of City to be added to and form part of Parish of, 3 S 8. COUNCIL to consist of 16 Alderni.i\ nnd 48 Councillors, and each Ward to return 3 Councillors, .') S 15. COUNCILLORS, Any difficulty as to order of retirement of, in 1897, to be settled by order of Mayor, 6 S 18. &c., General saving for elections of, C S 18. existing, to represent as far as possible fonner constituents, 5 S 16. CREMATION, Table of Charges for, to be afiprnved by a Secretary of State, and such charges to Ih> a debt due to the Cor|H)ration from the estate of the deceased, 17 S40 (6). CREMATORY, Ex|ienditnrc on, to lie ]iayable out of moneys borrowed under Act or out of Borounh Fund and Borough Itate, 17 S 40 (8). Ucdon Road, power of Cor|>orBtioii to provide, 16 S 40 (1). Iin>ix. ' 71 CROSSINGS for horses or vehicles, paratus, 80 S C6. Power to set apart land in Parks, &c., for, and to make bye-laws with respect thereto, 29 S 64 (1). GAS, as to winding up and dissolution of Kingston Gas Company, 33 S 75. If Corporation procure British and Sutton, 4c., Gas Companies, or one of them by agreement, to supply gas in the Kingston Gas Company's district, the gasworks of the latter may be pulled down and removed, and Corporation may sell, or let, or utilize the site and any other lands transferred, 33 b 73. On transfer of Kingston upon Hull Gas Light Company's undertaking to Corporation, the latter may make an agreement or ngTPcnient.s with the British Gas Light Company, Limited, and the Sutton, Southcoales and Drypool Gas Company for supplying district of first mentioned Company, 32 S72. Power for Corporation to acquire undertaking of Kingston upon Hull Gas Light Company by agreement set out in Seventh Schedule, 82 S 71. Power to British and Sutton Gas Companies to enter into agreement or agreements for supplying gas for consumption within the limits of the Kingston Gas Company, 38 S 74. GENERAL DISTRICT RATE and District Fund to lie charged vrith contributions in case of Stock created and issued under the Act for purpose of new streets, 25 S 52 (8). Corporation may defray out of, expenses of providing suitable accommodation for, and keeping any animals, birds, Ac, presented to the City, SO S 68. to be local rate for purposes of Act as regards moneys raised under Local Loans Act for M.-W streets, 25 S 62 (4). INCORPORATION of General Enactments. 2 S 4. INFORMATION, Restriction on, 43 S lOfi. INQUIRIES as to financial adjustment with East Riding Coanty Council, application of sections to, 4 S 10. I\ TERMKNT F^'E,S not to be higher in respect of interment in any of CorjNiration (.'eiuetcrii's of {tersons r<'sident in that part of Newiand which is to remain in the Cotlinghani District, than the fees which are for the time being charged in respect of interment of any person resident in the City, 8 S 19 (lO). IVDBX. 78 INTERPRETATION, 2 S 6. JUDGES AND JUSTICES not disqualified from acting in execution of this Act, 43 S 108. LABOURING CLASS, Corporation not to acquire ten or more houses of, until Local Government Board shall hare approved Scheme for providing new dwellings, and Corporation have given security to Local Government Board for carrying out of Scheme, 18 S 45 (1) (a). Definition of expression of, 20 S 45 (9). Scheme as to. Corporation and Local Government Board and their Inspectors may exercise powers vested in them under Public Health Act, 1875, provided that all lands on which dwellings for labouring class have been erected shall, for 25 years from date of Scheme, be appropriated for purpose of dwellings ; and every Conveyance, &c., to be endorsed to that efi'ect. Local Government Board having power to dispense with such requirements, 20 S 45 (7). Corporation may appropriate any lands belonging to them, or which they have power to acquire, subject to approval of Local Government Board where necessary, 19 S 45 (6). Corporation to pay Local Government Board sum for preparation, &c., of Provisional Order, and expenses of witnesses and inspector, 20 S 45 (8). Local Government Board's approval of, may be absolute or conditional, and they may from time to time approve of any modifications, 19 S 45 (2). Provisions of, to be enforceable by a Writ of Mandamus obtained by the Local Government Board out of the High Court, 19 S45 (4). to contain provisions prescribing time within which it shall be carried out, and to require new dwellings proposed to be provided to be completed fit for occupation before persons are displaced. Local Government Board having power to dispense with last- mentioned requirement, 19 S 45 (3). Restrictions on displacing persons of, 18 S 45. LAND, Application of purchase money of, S 59 of Act of 1882 to apply, 24 S 51. Two pieces of waste, near Drypool Green, enactments and bye-laws with respect to other recreation grounds in City to apply to, subject to certain conditions, 81 S69. LANDS and any other property in added part of City not to be liable to contribute or be rated to any expenditure of the East Riding County Council, 4 S 9. Corporation may appropriate any, belonging to them, or which they have power to acquire, subject to approval of Local Government Board where necessary, 19 S 45 (6). appropriate, vested in them, for purposes of this Act, or of any other local or public Acts in force within the City, 24 S 49. IVMX. LANDS (continued), Corporation may loasc, not required for purposes of thin Act ; application of S 58 of Act of 1882, 24 S 51. for projtosed bridge over River Hull nnd np|iro«clics tliorrto, ami ni mw ^itret■t^ autliurisod li_v Act, C'or|X)rnlion niav tnko and uso, 17 S 41. Persons empowered l>j Lands Clauses Acts to sell, may p-ant enM>mcnts, &c., 18 S44. Power to sell : S 57 of Act of 1882 to rem! as if '• the Lix-al nnv.rinnont nmird,'' were therein suKotituted for •' the Treasury ," 24 S 5tK Two pieces of waste, near Urypool Green, vestetl in Corporation, huliject to rights, if any, of certain adjoiuin); owners, 31 S 09. LENDERS of money to Coriiorntion to !« protected from inquiry, 2G S 54. LIGHTING, Rights of, transferred to Corporation by S 29 of North Eaf^lem Railway (Hull Docks) Act, 1893, to cease, 28 S 59 (2). LIGHTS to be exhibited on each tide of Bridge over River Hull if required by Board of Trade, 14 S 83. LIMITS for water supply by Corporation to be those described in Fourth Schedule, 35 S 80. LOANS Fl'ND, Annual payments to, or to any Sinking F'und established for the ropnynieiit of llio sums nienfione-l in the Fifth Schedule, to 1h? made on or l>efore .Slst March in each year, first payments to I* madt' thereto on or before 3l8t March, 1899, 27 S 57 (iv.). Contribnlidus to, in respect of interest on ami redenipiiou of Ste supplied need not be constantly laid on greater than the works of Corporation will supply in the district to lie supplied by such works, 85 8 88. PROCEEDINGS not to be quashed for want of form, 43 8 107. PROPERTY in added part of City : for 15 years from commencement of Act, total amount in [Hiund of Borough, Watcli, &c., rates and any other rates (except Poor Rate) not to exceed total amount in pound of General District, School Board, and County ralcji and of any other rnto (exceiil Poor Rate) levied in added pari of City during year ending Slut March, 18'.>7, and for like pcrioii Highway Kate to be asseiised and levied in added part of City on same assessment as a General District Rate under Section ".Ml of the Public Health .\ct, 1876, 7 8)0 (7). PROSECUTIONS and recovery of oflenccs aud penalties, 43 8 106. PROTECTION of Commissioners of Sewers and Drainage Commissioners, 11 S 26. PROVISIONS of Section 48 to be stated in every notice given thereunder to sell and oonrey any premises, 24 8 48. Imdbx. 77 EATE for supply of water for domestic purposes not to exceed £7 per cent, per annum on net annual value of premises supplied, 35 S 85, RATES, All arrears of, due in added part of City immediately before commencement of Act, may be collected and recovered thereia as if Act had not been jiassed, 4S9. Borough, Watch, &c., and any other rates (except Poor Rate), in added part of City : for 15 years from commencement of Act, total amount in the pound of not to exceed total amount in the pound of General District, School Board, and County rates and of any other rates (except Poor Rate) levied in added part of City during year ending 31st March, 1897, and for like period Highway Rate to be assessed and levied in added part of City on same assessment as a General District Rate under Section 211 of the Public Health Act, 1875, 7 S 19 (7). Corporation may enforce payment of, in like manner as if they were Poor Rates, and with like right of ap]ieal, but without prejudice to any other mode exerciseable by Corporation, 29 S 63. Discontinuance of exemption from, enjoyed by the North Eastern Railway Company and certain owners and occupiers, 27 S 57. Nothing in Act to affect operation of Agricultural Rates Act, 1896, so long as latter Act remains in force, 7 S 19 (8). Power to Corporation to allow rebates not exceeding one shilling in the pound on personal payment of, at the City Treasurer's office, within one month from demand therefor, 29 S 62. Water, payment of, 39 S 95. RATING EXEMPTIONS, Repeal of, 29 S 60 (1) (2). RECEIPTS in respect of Waterworks, Application of, 39 S 98. RECREATION GROUNDS, Power to Corporation to set apart portions of any park or place of public resort or recreation for games, and power to make bye-laws regulating same, 29 S 64 (1). REPEAL from and after 16 years from passing of this Act, of S 67 (as to rating of railway and dock properties in the added part of the borough) of the Act of 1882, 29 S 60 (2). of Acts or Provisional Orders relating to repayment of sums forming part of debts referred to in the Fifth Schedule, 26 S 57. Section 51 (exemptions under S 211 of Public Health Act to apply to property in added part of borough) of the Act of 1882, 29 S 61. Section 107 of Act of 1882 (expenses to be a charge on premises) and Section 257 of Public Health Act, 1875, to apply in lieu thereof, 46 S 116. Section 113 (as to streets, &c., repaired, &c., under the Hull Dock Acts) of the Act of 1882, 29 S 60 (1). Sections 121 and 123 of the Improvement Act of 1854, and 112 and 114 of the Act of 1882, consideration for, 28 S 59. 78 LiDBx. • REPEAL (continued) of 8«>ctions 121 and 123 of the Improreiuent Act of 1854, and 112 nnd 114 of the Act of 1882, gmntinj; exemptions from certain rates in favour of tlie North Eastern Railway Company, as successors of the Dock Company, and owners and occujpiers of jiropertics in certain street*, 27 S 58. of Water Acts and Orders set out in Sixth Schedule, 45 S 114. RESERVE FUND, Waterworks, Application of, 40 S98 (2) (8). RESTRICTION on informations, 43 S 106. SANITARY 1>EBT and (General Debt, and any moneys rc-l)orrowed in lieu thereof, to lie repaid within 35 years from 31st March, 1898, 27 S 57 (iii.). SAVING CLAUSE for Henry Edward Thornton Wilkinson, 46 S 115. RIGHTS of the Crown in the foreshore, 18 S 31. under Crown Lands Act, 46 S 117. SCHEDULES— First Schedule. Description of added part of City, 47. Second Schedule. Names and boandaries of Wards, 49. Third Schedule. Particulars of property of which part only is required to be taken, 58. Fourth Schedule. Description of water limits, 59. Fifth Schedule. Statement as to Corporation debt, 60. Sixth Schedule. Water Acts and Orders repealed, 61. Seventh Schedule. Agreement between Kingston upon Hull Gas Light Co. and Corporation, 62. SCHOOL BOARD, Bye-laws of, for existing City to apply to extended City, 8 8 22. for City to he School Board for extended City, 8 8 21. DISTRICT, City to be a, 8 S 21. SCOTT STREET BRIDGE, Po«,r u. make, 10 S 25. SESSIONS, Quarter, any jier.^on tleeming hinipclf nggrievetl by any order, Ac, or withholding of any licence, Ac, may nppeal to, and Corporation may do same in regard to any order of a Court of Summary .lurisdiction, 43 8 109. SHORT TITLE, 1 S 1. STAND PIPES and Apparatus, Expenses of providing and innintnining, 86 8 87 (3) to (8). Corporation or owners of houses in courts, alleys, and other places may erect therein, 36 S87 (1). STOCK, Corporation may prcpiirc uiiil Miliiuit to Lociil (ioviTiniuiil Boanl a scheme for coMVtTsion by agreement of irrodcemnbic 8( stock redeemal'le not later than 31ft December, 1950, bearing interest at not exceeding 4 per centum jK>r annum, 81 8 70 (1). (Corporation may raise moneys by creation and issue of, in accordance with Hull Corjwration Loans Act, 1881, as amended by any subsequent Actor Order, or by any of methods prorided by Local Loans Act, 1875, 25 6 52 (2). Index. 79 STOCK (continued), .Scheme for conversion of irredeemable, may, on the Corporation's application, be amended by tlie Local Government Board, 32 S 70 (4). Scheme for conversion of irredeemable, may vary provisions of Hull Corporation Loans Act, 1S81, and of any Act or Order amending same, with respect to contributions to Loans Fund, &c., 31 S70 (2). Scheme for conversion of irredeemable, when approved by Local Government Board (but not otherwise) Corporation may put it into execution, and holders, including trustees, &c., under any disability, may agree or oonsont to conversion, subject to this Act and of the .Scheme, 32 S 70 (3). STREETS AND ROADS, Power to stop up, but telegraphic, &c., apparatus not to be interfered with, except subject to Telegraph Act, 1878, 15 S 39. New, Power to make — (a) commencing at the junction of Prospect Street and Story Street, and terminating at junction of Waterworks Street and Savile Street ; and (4) commencing at a point on the before-mentioned new street, 139 yards from the commencement of same, and terminating at junction of Savile Street and George Street, 14 S 36. TELEPHONIC or other apparatus, &c., used by Postmaster-General not to be interfered with except subject to the Telegraph Act, 1878, 16 S 39. TREES OR SHRUBS overhanging streets, when interfering with comfort of passengers to be lopped by owner, &c., or in default by Corporation, 42 S 103. TRUSTEES, Purchase and compensation moneys may be paid direct to, if they can give a legal discharge therefor, 21 S 47. TRUSTS, Corporation not to regard, to which any loan or security given by them may be subject, but receipt of person, or any of persons, or of personal representative, or last survivor of the persons in whose name any loan or security stands, shall be sufficient discharge, 26 S 54. WARDS, Division of City into Sixteen, as set out in Second Schedule, 5 S 14. Power to alter, under Municipal Corporation Acts, not aflected liy Act, 5 S J 4. to return 3 Councillors eacli, 5 S 15. WATER ACTS AND ORDERS, Repeal of, set out in Sixth Schedule, 45 S 114. WATER, Corporation may, after 24 hours' notice, execute repairs to pipes, &c., and charge cost to person on whose credit water is supplied, 38 S 93 (4). enter into agreements with district councils, &c., to supply water in bulk beyond the water limits, provided that supply can be given without prejudice to a full supply to the inhabitants within the water limit.s, 39 S 97. make bye-laws for preventing waste, &c., of, so long as a constant supply of water is given, 38 S 93 (1). supply, by agreement for domestic purposes within water limits, and may exercise any other powers as to water undertaking or supply of water vested in them under Public Health Acts, 37 S 88. 80 IiTDix WATER (o^iitinuol), Cnrpnratioii may supply for othor than doniP'tic purjioseg, but such unpply not to intprforp with "iii'iily fnr (JoiriPirtic pnrpooea within water liniita, 37 S 89. Corporation to continue to supply, in townships of Anlahy. Kirk Ella, and Wiilcrhy, on same terms and conditions as City, 41 S 100. not bonnd to supply, or to continno to suj'ply, unless hyc-lawg are duly observed, 38 S 93 (S). to supply certain quantity pratuitously, and further quantity for paj'nient, to Cottingliam I'rban District Council, under certain conditions, 40 S 99. Existence of artificial means under control nf consumer for causing alteration, &c., of meters, to be prima facie evidence that consumer has fraudulently effected same, 37 S 92. Fittings, Power to Corporation to supply and repair or alter pipes, Ac, at expense of persons requesting same, 39 S 94. Limits, .Ml provisions of this Act as to supply of water by Corporation to extend throughout, 35 S81. Maintenance of common pipe, liability of owners or occupiers to contribute towards, 35 S 86. Notice of discontinuance of a supply of water not to be of any effect unless it is in writing, 39 S 90. Penalty for injuring meters, 87 S 92. waste or fouling of, 35 S 84. Power to Cor])oration to lay mains across bridges, 34 S 79. beneath River Hull at Sloncferry, and to erect all necessary temporary dams and other works in the river, leaving free passage for ships, lioats, and vessels, 84 S 78. maintain waterworks and supply water, 34 S77. Rate for supply for domestic purposes not to exceed £7 per cent, jwr annum, on net annual value of premises supplied, 35 S85. Rales, payment of, 39 S 95. Standpijx's and Apparatus, expenses ot providing and maintaining, 86 S 87 (3) to (H). Supply for dfimestic purposes, definition of, 85 S X'J. other than domestic purposes to be by measure, if so requind by intending consumer or Corporation, but charge fur water so supplied to premises, not supplied for domestic purposes, not in any case to l)e less than charge which would U- made for 9up|>lying premises for domestic purposes, 37 8 90. limits within which Cor]x>ration shall sell and supply water to l>e those drseriUil in the Fourth Schedule, 85 8 80. of by (itand-jiipes in courts, Ac., to 1* deemed si|>anite sujiply for each house the occupiers whereof use same, 36 S 87. to courts, alleys, &c., 86 S «7. t )« supplied need not l>e constantly laid on under a greater |ireR.4urc than the works of Corporation will supply in the district to lie supplied by such works, 85 8 88. Index. 81 WATER (continued) Undertaking as it exists at commencement of Act, including Newington Water Undertaking, to continue vestec] in Corporation, ;?4 S 76. where supplied by measure, register of met«r or other instrument for measuring water to be /irima facie evidence of quantity consumed, 37 S 91. WATERWORKS, Application of receipts in respect of, 40 S98. Debt, and any moneys borrowed in lien thereof, to be repaid within 50 years from 31st March, 1898, 27 S 57 (ii). WORKS, Period for completion of, five years, 15 S 38. CONTENTS. PROVISIONAL ORDER, 1890. Preliminary. Article. Paok. 1. Short title 2. Interpretation 3. Commencement of Order... Description or the Undertakers 4. Description of Undertakers Area of Supply. 5. Area of Supply Nature and Mode of Supply 6. Systems and mode of supply Lands. Purchase and use of lands Works. 8. Powers for execution of works ... ... ... ... ... ... 5 9. Street boxes ... ... ... ... ... ... ... ... 6 10. Notice of works with plan to be served on the Postmaster General ... 6 11. As to streeets not repairable by local authority r.ailways and tramways... 8 12. Street authority &c. may give notice of desire to break up streets &c. on behalf oF Undertakers ... ... ... ... ... ... IQ 13. As to alteration of pipes wires &c. under streets... ... ... ... 12 1-1. Laying of electric lines &c. near gas or water pipes or other electric lines 15 15. For protection of railway and canal companies ... ... ... ... 17 16. For protection of telegraphic and telephonic communication ... ... 17 Compulsory Works. 17. Mains &c. to be laid down in streets specified in Second Schedule and in remainder of area of supply ... ... ... ... ... 18 18. If Undertakers fail to lay down mains &c. Order may be reyoked ... 19 r.i. Manner in which requisition is to be made ... ... ... ... 19 20. Provisions on requisition by owners or occupiers... ... ... ... 19 Supply. 21. Undertakers to furnish sufficient supply of energy to owners and occupiers within the area of supply... ... ... ... ... 21 22. Maximum power ... ... ... ... ... ... ... ... 23 23. Penalty for failure to supply ... ... ... ... ... ... • 23 ii. Contents, Article. Paob. Prick. 24. Methods of charging -* 25. Maximum prices ... ... ... ... ... ... ... ... 24 '20. Other dinrges by asrr*«meiit ••• •■• ••■ ••• •■• ••• 24 Electric Inspkctobs. i7. .Vppointment of electric inspectors ... ... ... ... ... 25 28. Remuneration of electric inspector ... .. ... ... ... i5 2'.i. Inquiry by Boanl of Trade ... ... ... ... ... ... 25 Testing and Issi-ection. 30. Testinff of mains ... ... ... ... .-• ••• •■• ••■ 26 31. Testing of works and supply on consumer's premises 2C 82. Undertakers to establish testing stations ... ... ... ... 26 33. Undertakers to keep instruments on their premises 27 34. Readings of instruments to bo taken ... ... ... ... ... 27 35. Electric inspector may test Undertakers' instruments ... ... ... 27 36. Reprosentntion of Undertakers at teistings 27 87. Undertakers to give facilities for testing... ... ... ... ... 27 88. Report of results of testing 28 39. Hxp^n^e3 of electric inspector ... ... ... ... ... ... 28 Meters. 40. Meters to l)e used except bv agrcem?iit ... ... .. ... ... 28 41. Meter to lie certified 29 42. Inspector to certify meters ... ... ... ... ... ... 29 ■tS. I'lidertidiers to supply meters if required to do so ... ... ... 29 44. Meters not to bo connected or disconnected without notice ... ... 29 45. Consumer to keep his meter in proper order 30 ■iCt. Power to the Undertakers to let meter ... ... ... ... ... 30 47. I'ndertakeis to k- cp meters let for hire in repair ... ... ... 80 4K. Diflercnces ns to correctness of met.T to be settled by inspector ... 80 49. Undertnkers to pay exi)enses of providing m w meters where method of charge altered ... ... ... ■•• .•• •■• ••• 31 :>i). rndertakers m.iy place meters to measure supply or to check measure- ment thereof... ... ... .. ... ... ... ••. 31 Maps. 51. Map of area of supply to bo made and deposited ... ... ... 31 Amplication op Moneys Received. 52. Application of revenue ... ... ... ... ... ... ... 32 53. Application of capital moneys ... ... ... ... ... ... 34 Notues Ac. 54. Notices 4-c. may be printed or written 34 55. Service of notices &c. ... ... . . ... •.• ••. ... 34 Rbvooation of Order. 56. Revocation where works not executed ... ... ... ... ... 85 67. Revocation of Order with consent ... ... ... ■•• ... 35 5'*, PMvisions where Order revoked ... ... ••• ••■ •■• ••• 36 Article. Contents. Transfer of Powers &c. 59. Transfer of powers &c. General. 60. Remedying of system and works ... 61. Publication of regulations 62. Nature and amount of security ... 63. Proceedings of Board of Trade ... 64. Costs of applications for approval or consent of the Board of Trade 65. Notice of approval of Board of Trade &c. to be given by advertisement 66. Recovery and application of penalties 67. Undertakers to be responsible for all damages ... 68. Incorporation of Sections 264 and 265 of Public Health Act 1875 69. Saving clause for Postmaster General 70. Saving rights of the Crown in the foreshore 71. Undertakers not exempted from proceedings for nuisance 72. Provision as to General Acts Schedules First Schedule .. Second Schedule Third Schedule .. Fourth Schedule m. Page. 36 38 39 39 40 40 40 41 41 41 41 41 42 42 43 43 44 46 Pbovisional Obdeb, 1890. X BOROUGH OF KINGSTON-UPON-HULL. PEOVISIONAL ORDER, Confirmed by the Electric Lighting Orders Confirviation (No. 6) Act, ]890, 53 and 54 Vict., Ch. CXCI. Royal Assent, 4th August, 1890. P7eUminary. 1. This Order may be cited as the Kingston-upon-HuU sh^rt title. Electric Lighting Order 1890. 2. This Order is to be read and construed subject in all J^j'j^jf''^" respects to the provisions of the Electric Lighting Acts 1882 and 1888 and of any other Acts or parts of Acts incorporated therewith which said Acts and parts of Acts are in this Order collectively referred to as "the principal Act" and the several words terms and expressions to which by the principal Act meanings are assigned shall have in this Order the same respective meanings provided that in this Order — The expression " energy " shall mean electrical energy and for the purposes of applying the provisions of the principal Act to this Order electrical energy shall be deemed to be an agency within the meaning of electricity as defined in the Electric Lighting Act 1882: The expression "power" shall mean electrical power or the rate per unit of time at which energy is supplied : The expression " main " shall mean any electric line which may be laid down by the Undertakers in any street or public place and through which energy may be supplied or intended to be supplied by the Undertakers for the purposes of general supply : The expression " service line " shall mean any electric line through which energy may be supplied or intended to be supplied by the Undertakers to a consumer either from any main or directly from the premises of the - Undertakers : The expression "distributing main" shall mean the portion of any main which is used for the purpose of giving origin to surface lines for the purposes of general supply : Provisional Order, 1890. The expression " general supply " shall mean the general supply of energy to ordinarj' consumers but shall not include the supply of energy to any one or more particular consumers under special agreement : The expression "area of supply" shall mean the area within which the Undertakers are for the time being authorised to supply energy under the provisions of this Order : The expression " consumer " shall mean any body or person suppUed or entitled to be supplied with energy by the Undertakers : The expression "consumer's terminals" shall mean the ends of the electric lines situate upon any consumer's premises and belonging to him at which the supply of energy is delivered from the service lines : The expression " telegraphic line " when used with respect to any telegraphic line of the Postmaster General shall have the same meaning as in the Telegraphic Act 1878 and any such telegraphic line shall be deemed to be injuriously affected where telegraphic comnmnication by means of such line is whether through induction or otherwise in any manner affected : The expression " railway " shall include any tramroadthat is to say any tramway other than a tramway as herein- after defined : The expression "tramway" shall mean any tramway laid along any street : The expression " daily penalty " shall mean a penalty for each day on which any offence is continued after conviction thereof: The expressions "First Schedule" "Second Schedule" "Third Schedule" and "Fourth Schedule" shall mean the First Second Third and Fourth Schedules to this Order annexed respectively : The expression "deposited map" shall mean the map of the area of supply deposited at the Board of Trade by the Undertakers together with this Order and signed by an Assistant Secretary to the Board of Trade : Pbovibional Obdbr, 1890. Commence- ment of Order. The expression "plan" shall mean a plan drawn to a horizontal scale of at least one inch to eighty-eight feet and where possible a section drawn to the same horizontal scale as the plan and to a vertical scale of at least one inch to eleven feet with such detail plan and sections as may be necessary. 3. This Order shall come into force and have effect upon the day when the Act confirming this Order is passed which date is in this Order referred to as "the commencement of this Order." Description of the Undertakers. 4. Subiect to the provisions of this Order the Undertakers Description of Unaertakere. for the purposes of this Order shall be the Mayor Aldermen and Burgesses of the Borough of Kingston-upon-HuU. Area of Stipply. 5. Subject to the provisions of this Order the area of supply Area of shall be the whole of the area included in the First Schedule which said area is more particularly dehneated upon the deposited map and thereon verged blue. Nature and Mode of Supply. 6. Subject to the provisions of this Order and the principal systems and Act the Undertakers may supply energy within the area of supply supply- for all public and private purposes as defined by the said Act provided as follows : — (1) Such energy shall be suppHed only by means of some system which shall be approved in writing by the Board of Trade and subject to such regulations and conditions for securing the safety of the public and for insuring a proper and sufficient supply of energy as the Board of Trade may from time to time impose ; and (2) The Undertakers shall not permit any part of any circuit to be connected with earth except so far as may be necessary for carrying out the provisions of any such regulations and conditions as aforesaid unless such connexion is for the time being approved of by the Board of Trade with the concurrence of the Post- master General and is made in accordance with the conditions (if any) of such approval ; and 4 Pbovibional Ordkb, 1890. (3) The Undertakers shall construct their mains and other works of all descriptions and shall work their under- taking in all respects so as not injuriously to affect the working of any existing electric circuits from time to time used or intended to be used for the purpose of telegraphic telephonic or electric signalling communica- tion or the currents in such circuits and shall use every reasonable means in the construction of their mains and other works of all descriptions and the working of their undertaking to prevent injurious affection whether by induction or otherwise to any electric circuits used or intended to be used for the purposes aforesaid whether existing at the time of the constniction of such mains or other works or not or the currents in such circuits If any question arises as to whether the Undertakers have constructed their mains or other works or worked their undertaking in contravention of this sub-section such question shall be determined by arbitration and the Undertakers shall be bound to make any alterations in or additions to their system which may be directed by the arbitrator : Provided that nothing in this sub-section contained shall be held to deprive the owners of such electric circuits of any existing rights to proceed against the Undertakers by indictment action or otherwise in relation to any of the matters aforesaid. LuTids. " uK^o^^n"'* *''• ^"b.ipf't to ^^^ provisions of this Order and the princpal Act the Undertakers may from time to time acquire by purchase or on lease and use any lands for the purposes of this Order and may also for such purposes use any other lands for the time being vested in or leased by them but subject as to such last mentioned lands to the approval of the Local Government Board and may from time to time dispose of any lauds acquired by them under the provisions of this section which may not for the time being be required for the purposes of this Order : Provided that the amount of land BO used by them shall not at any one time exceed in the whole ton acres except with the consent of the Board of Trade. Provisional Order, 1890. 6 Provided also that the Undertakers shall not except with the consent of the Local Government Board take for the purposes of this Order ten or more houses which after the passing of the Act confirming this Order have been or on the fifteenth day of December last were occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers. For the purposes of this section the expression "labouring class " means and includes mechanics artizans labourers and others working for wages hawkers costermongers persons not working for wages but working at some trade or handicraft without employing others except members of their own family and persons other than domestic servants whose income does not exceed an average of thirty shillings a week and the families of any of such persons who may be residing with them. Works. 8. Subject to the provisions of this Order and the principal Powers for . execution of Act the Undertakers may from time to tin>e exercise all or any of works, the powers conferred on them by this Order and the principal Act and may break up such streets not repairable by the local authority and such railways and tramways (if any) as are specified in the Third Schedule so far as such streets railways and tramways may for the time being be included in the area of supply and be or be upon land dedicated to public use : Provided however as respects any such railway that the powers hereby granted shall extend only to such parts thereof as pass across or along any highway on the level. Nothing in this Order shall authorise or empower the Under- takers to break up or interfere with any street or part of a street not repairable by the local authority or any railway or tramway except such streets railways or tramways (if any) or such parts thereof as are specified in the said schedule without the consent of the authority company or person by whom such street railway or tramway is repairable or of the Board of Trade under section thirteen of the Electric Lighting Act 1882 and where the Board of Trad( give such consent the provisions of this Order shall apply to the street railway or tramway to which the consent relates as if it had been specified in the said schedule. 6 Pbovisionai. Okdeb, 1890. fltreet boxes. 9. Subject to the provisions of this Order and the principal Act and any regulations made under this Order the Undertakers may also from time to time construct in any street such boxes as may be necessary for purposes in connexion with the supply of energy including apparatus for the proper ventilation of such boxes. Every such box shall be for the exclusive use of the Under- takers iind under their sole control except so far as the Board of Trade may otherwise order and shall be used by the Undertakers only for the purpose of leading off service lines and other distributing conductors or for examining testing regulating measuring directing or controlling the supply of energy or for examining or testing the condition of the mains or other portions of the works or for other like purposes connected with the under- taking and the Undertakers may place therein meters switclies and any other suitable and proper apparatus for any of the above purposes. Every such box including the upper surface or covering thereof shall be constructed of such materials and shall be constructed and maintained by the Undertakers in such manner as not to be a source of danger whether by reason of inequality of surface or otherwise. Notice of works with jiUti to be »erv«l on the Pott-iiiruter Ornenl. 10. Where the exercise of any of the powers of the Undertakers in relation to the execution of any works (including the construction of boxes) will involve the placing of any works in under along or across any street or public bridge the following provisions shall have effect : — (a) One month before commencing the execution of such works (not being the repairs renewals or amendments of existing works of which the character and position are not altered) the Undertakers shall serve a notice upon the Postmaster-General describing the proposed works together with a plan of the works showing the mode and position in which such works are intended to be executed and tlie manner in which it is intended that such street or bridge is to be interfered with and shall upon being required to do so by the Postmaster- General from time to time give him any such further information in relation thereto as he may desire. Provisional Obder, 1890. 7 (h) The Postmaster-General may in his discretion approve of anj' such works or plan subject to such amendments or conditions as may seem lit or may disapprove the same and may give notice of such approval or dis- approval to the Undertakers. (c) Vfhere the Postmaster-General approves any such works or plan subject to any amendments or conditions with which the Undertakers are dissatisfied or dis- approves of any such works or plan the Undertakers may appeal to the Board of Trade and the Board of Trade may inquire into the matter and allow or disallow such appeal and approve any such works or plan subject to such amendments or conditions as may seem fit or may disapprove the same. (d) If the Postmaster-General fail to give any such notice of approval or disapproval to the Undertakers within one month after the service of the notice upon him he shall be deemed to have approved such works and plan. (e) Notvsdthstanding anything in this Order or the principal Act the Undertakers shall not be entitled to execute any such works as above specified except so far as the same may be of a description and in accordance with a plan which has been approved or is to be deemed to have been approved by the Postmaster-General or by the Board of Trade as above mentioned but where any such works description and plan are so approved or to be deemed to be approved the Undertakers may cause such works to be executed in accordance with such description and plan subject in all respects to the provisions of this Order and of the principal Act. (f) If the Undertakers make default in complying with any of the requirements or restrictions of this section they shall (in addition to any other compensation which they may be liable to make under the provisions of this Order or the principal Act) make full compensation to the Postmaster-General for any loss or damage which he may incur by reason thereof and in addition thereto they shall be liable to a penalty not exceeding ten pounds for every such default and to a daily penalty 8 Pbo VISIONAL Order, 1890. not exceeding five pounds : Provided that the Under- takers shall not be subject to any such penalties as aforesaid if the court having cognizance of the case shall be of opinion that the case was one of emergency and that the Undertakers complied with the requirements of this section so far as was reasonable under the circumstances. Nothing in this section shall exempt the Undertakers from any penalty or obligation to which they may be liable under this Order or otherwise by law in the event of any telegraphic line of the Postmaster-General being at any time injuriously affected by the Undertakers works or their supply of energy. An to sireet« 11. Where the exercise of the powers of the Undertakers by 1^"'™'* in relation to the execution of any works will involve the placing of ntiwit'jiiind any works in under along or across any street or part of a street tramwayi. ^^^ repairable by the local authority or over or under any railway tramway or canal the following provisions shall have effect unless otherwise agreed between the parties interested : — (a) One month before commencing the execution of any such works (not being the repairs renewals or amendments of existing works of which the character and position are not altered) the Undertakers shall in addition to any other notices which they may be required to give under this Order or the principal Act serve a notice upon the body or person for the time being liable to repair such street or part of a street or the body or person for the time being entitled to work such railway or tramway or the owners of such canal as the case may be (in this section referred to as the " owners ") describing the proposed works together with a plan (as defined in the last preceding section) of the works showing the mode and position in which such works are intended to be executed and placed and shall upon being required to do so by any such owners from time to time give them any such further information in relation thereto as they may desire. (b) Every such notice shall contain a reference to this section and direct the attention of the owners to whom it is given to the provisions thereof. Provisional Oeder, 1890. 9 (c) Within three weeks after the service of any such notice and plan upon any owners such owners may if they think fit serve a requisition upon the Undertakers requiring that any question in relation to such works or to compensation in respect thereof and any other question arising upon such notice or plan as aforesaid shall be settled by arbitration and thereupon such question unless settled by agreement shall be settled by arbitration accordingly. (d) In setthng any question under this section an arbitrator shall have regard to any duties or obligations which the owners may be under in respect of such street railway tramway or canal and may if he thinks fit require the Undertakers to execute any temporary or other works so as to avoid any interference with any traffic so far as may be possible. (e) Where no such requisition as in this section mentioned is served upon the Undertakers or where after any such requisition has been served upon them any question required to be settled by arbitration has been so settled the Undertakers may upon paying or securing any compensation which they may be required to pay or secure cause to be executed the works specified in such notice and plan as aforesaid and may from time to time repair renew and amend the same (provided that their character and position are not altered) but subject in all respects to the provisions of this Order and the principal Act and only in accordance with the notice and plan so served by them as aforesaid or such modifications thereof respectively as may have been settled by arbitration as herein-before mentioned or as may be agreed upon between the parties. (f) All works to be executed by the Undertakers under this section shall be earned out to the reasonable satisfaction of the owners who shall have the right to be present during the execution of such works. {g) Where the repair renewal or amendment of any existing works of which the character or position are not altered will involve any interference with any railway level crossing or with any tramway over or 10 Provisional Order, 1890. under which such works have been placed the Undertakers shall unless otherwise agreed between the parties or in cases of emergency give to the owners not less than 24 hours' notice before coumiencing to effect such repair renewal or amendnjent and the owners shall be entitled by their officer to superintend the work and the Undertakers shall conform to such reasonable requirements as may from time to time be made by the owners or such officer. The said notice shall be in addition to any other notices which the Undertakers may be required to give under this Order or the principal Act. (h) If the Undertakers make default in compljang with any of the requirements or restrictions of this section they shall (in addition to any other compen- sation which they may be liable to make under the provisions of this Order or the principal Act) make full compensation to the owners affected thereby for any loss or damage which they may incur by reason thereof and in addition thereto they shall be hable to a penalty not exceeding ten pounds for every such default and to a daily penalty not exceeding five pounds: Provided that the Undertakers shall not be subject to any such penalties as aforesaid if the court having cognizance of the case shall be of opinion that the case was one of emergency and that the Under- takers complied with the requirements of this section so far as was reasonable under the circumstances. street auth'Tit; kc. may (five notice of iliflre to hrvak up ilrccu kc on bchnU nf Un'lcrtakern. 12. Any body or person for the time being liable to repair any street or part of a street or entitled to work any railway or tramway which the Undertakers may be empowered to break up for the purposes of this Order may if they think fit from time to time serve a notice upon the Undertakers stating that they desire to exercise or discharge all or any part of any of the powers or duties of the Undertakers as therein specified in relation to the breaking up filling in reinstating or making good any streets bridges sewers drains tunnels or other works vested in or under the control or management of such body or person and may from time to time amend or revoke any such notice by another notice similarly served. Provisional Orprr, 1890. • 11 Where such body or person as aforesaid (in this section referred to as "the givers of the notice ") have given notice that they desire to exercise or discharge any such specified powers and duties of the Undertakers then so long as such notice remains in force the following provisions shall have efi"ect unless otherwise agreed between the parties interested (a) The Undertakers shall not be entitled to proceed themselves to exercise or discharge any such specified powers or duties as aforesaid except where they have required the givers of the notice to exercise or discharge such powers or duties and the givers of the notice have refused or neglected to comply with such requisition as herein-after provided or in cases of emergency. (b) In addition to any other notices which they may be required to give under the provisions of this Order or the principal Act the Undertakers shall not more than four days and not less than two days before the exercise or discharge of any such powers or duties so specified as aforesaid is required to be commenced serve a requisition upon the givers of the notice stating the time when such exercise or discharge is required to be commenced and the manner in which any such powers or duties are required to be exercised or discharged. (c) Upon receipt of any such requisition as last aforesaid the givers of the notice may proceed to exercise or discharge any such powers or duties as required by the Undertakers subject to the like restrictions and conditions as the Undertakers would themselves be subject to in such exercise or discharge so far as the same may be applicable. (d) If the givers of the notice decline or for twenty-four hours after the time when any such exercise or discharge of any powers or duties is by any requisition required to he commenced neglect to comply with such requisition the Undertakers may themselves proceed to exercise or discharge the powers or duties therein specified in like manner as they might have done if such notice as aforesaid had not been given to them by the givers of the notice. 12 Provisional Order, 1890. (e) In any case of emergency the Undertakers may tliemselves proceed to at once exercise or discharge so nmch of any such specified powers or duties as aforesaid as may be necessary for the actual remedying of any defect from which the emergency arises without serving any requisition on the givers of the notice but in such case the Undertakers shall within twelve hours after they begin to exercise or discharge such powers or duties as aforesaid give information thereof in writing to the givers of the notice. (f) If the Undertakers exercise or discharge any such specified powers or duties as aforesaid otherwise than in accordance with the provisions of this section they shall be liable to a penalty not exceeding ten pounds for every such offence and to a daily penalty not exceeding five pounds : Pro\'ided that the Undertakers shall not be subject to any such penalties as aforesaid if the court having cognizance of the case shall be of opinion that the case was one of emergency and that the Undertakers complied with the requirements of this section so far as was reasonable under the circum- stances. (g) All expenses properly incurred by the givers of the notice in complying with any requisition of the Undertakers mider this section shall be repaid to them by the Undertakers and may be recovered sumiuarily before a court of summary jurisdiction. Provided that nothing in this section shall in any way affect the rights of the Undertakers to exercise or discbarge any powers or duties conferred or imposed upon them by this Order or the principal Act in relation to the execution of any works beyond the at^tual breaking up filling in reinstating or making good any such street or part of a street or any such bridges sewers drains tunnels or other works or railway or tramway as in this section mentioned. Aitonitera- 13. Tlie Undertakers may from time to time alter the w°rM4c!'*" position of any pipes or wires being under any street or place authorised to be broken up by thorn which may interfere with the exercise of their powers under the principal Act or this Order and any body or person may in like manner alter the position of any under itieeU. PaoTisioNAL Okdbb, 1890. 13 electric lines or works of the Undertakers being under any such street or place as aforesaid which may interfere with the lawful exercise of any powers vested in such body or person in relation to such street or place subject to the following provisions unless otherwise agreed between the parties interested :, (a) One month before commencing any such alteration the Undertakers or such body or person (as the case may be) in this section referred to as " the operators " shall serve a notice upon the body or persons for the time being entitled to such pipes wires electric lines or works (as the case may be) in this section referred to as " the owners " describing the proposed alteration together with a plan showing the manner in which it is intended that such alterations shall be made and shall upon being required to do so by any such owners from time to time give them any such further information in relation thereto as they may desire. (b) Within three weeks after the service of any such notice and plan upon any owners such owners may if they think fit serve a requisition upon the operators requiring that any question in relation to such works or to compensation in respect thereof or any other question arising upon such notice or plan as aforesaid shall be settled by arbitration and thereupon such question unless settled by agreement shall be settled by arbitration accordingly. (c) In settling any question under this section an arbitrator shall have regard to any duties or obligations which the owners may be under in respect of such pipes wires electric lines or works and may if he thinks fit require the operators to execute any temporary or other works so as to avoid interference with any purpose for which such pipes wires electric lines or works are used so far as may be possible. (d) Where no such requisition as in this section mentioned is served upon the operators the owners shall be held to have agreed to the notice or plan sensed on them as aforesaid and in such case or where after any such requisition has been served upon them any " question 14 Pbovisional Ohlieu, 1890. required to be settled by arbitration has been so settled the operators upon paying or securing any compensation which they may be required to pay or secure may cause the alterations specified in such notice and plan as aforesaid to be made but subject in all respects to the provisions of this Order and the principal Act and only in accordance with the notice and plan so served by them as aforesaid or such modifications thereof respectively as may have been settled by arbitration as hereinbefore mentioned or as may be agreed upon between the parties. (c) At any time before any operators are entitled to commence any such alterations as aforesaid the owners may serve a statement upon the operators stating that they desire to execute such alterations themselves and where any such statement has been served upon the operators they shall not be entitled to proceed themselves to execute such alterations except where they have notified to such owners that they require them to execute such alterations and such owners have refused or neglected to comply with such notification as herein-after provided. (/) Where any such statement as last aforesaid has been sers'ed upon the operators they shall not more than forty-eight hours and not less than twenty-four hours before the execution of such alterations is required to be commenced serve a notification upon the owners stating the time when such tJterations are required to be commenced and the manner in which such alterations are required to be made. (g) Upon receipt of any such notification as last aforesaid the owners may proceed to execute such alterations as required by the operators subject to the like restrictions and conditions as the operators would themselves be subject to in executing such alterations so far as the same may be applicable. (/() If the owners decline or for twenty-four hours after the time when any such alterations are required to be commenced neglect to comply with such notification the operators may themselves proceed to execute such Provisional Obdee, 1890. 16 alterations in like manner as they might have done if no such statement as aforesaid had been served upon them. (i) All expenses properly incurred by any owners in com- plying with any notification of any operators under this section shall be repaid to them by such operators and may be recovered summarily before a court of summary jurisdiction. (j) Any owners may if they think fit by any statement served by them under this section upon any operators not being a local authority require the said operators to give them such security for the repayment to them of any expenses to be incurred by them in executing any alterations as above mentioned as may be determined in manner provided by this Order and where the said operators have been so required to give security they shall not be entitled to serve a notification upon the owners requiring them to execute such alterations until such security has been duly given. (k) If the operators make default in complying with any of the requirements or restrictions of this section they shall (in addition to any other compensation which they may be liable to make under the provisions of this Order or the principal Act) make full compensation to the owners afiected thereby for any loss damage or penalty which they may incur by reason thereof and in addition thereto they shall be liable to a penalty not exceeding ten pounds for every such default and to a daily penalty not exceeding five pounds : Provided that the operators shall not be subject to any such additional penalties as aforesaid if the court having cognizance of the case shall be of opinion that the case was one of emergency and that the operators complied with the requirements of this section so far as was reasonable under the circumstances. 14. Whenever the Undertakers require to dig or sink any Laying of GlGctric lines trench for laying down or constructing any new electric lines (other &c. near gas than service lines) or other works near to which any main pipe pipes or other dfictric lines syphon electric line or other work belonging to any gas electric Id Provibiohal Ordbb, 1890. supply or water company has be<»n lawfully plarecl or where any gas or water company require to dig or sink any trench for laying down or constructing any new mains or pipes (other than service pipes) or other works near to which any lines or works of the Undertakers have been lawfully placed the Undertakers or such gas or water company (as the case may be) in this section referred to as the "operators" shall unleHs otherwise agreed between the parties interested or in case of sudden emergency give to such gas electric supply or water company or to the Undertakers (as the case may be) in this case referred to as the " owTiers " not less than three days notice before commencing to dig or sink such trench as aforesaid and such owners shall be entitled by their officer to superintend the work and the operators shall confonn with such reasonable requirements as may from time to time be made by the owners or such officer for protecting from injury every such main pipe syphon electric line or work and for securing access thereto and they shall also if required to do so by the owner thereof repair any damage that may be done thereto. Where the operators find it necessary to imdermine but not alter the position of any pipe electric Ime or work they shall temporarily support the same in position during the execution of their works and before^ completion provide a suitable and proper foundation for the same where so undermined. Where the operators (being the Undertakers) lay any electric line croasing or liable to touch any mains pipes lines or services belonging to any gas electric supply or water company the conduct- ing portion of such electric lino shall be efl'ectively insulated in a manner approved by the Board of Trade ; and the Ihidertakers shall not except with the consent of the gas electric supply or water company as the case may be and of the Board of Trade lay their electric lines so as to come into contact with any snch mains pipes lines or services or except with the like consent employ any such mains pipes liiios or services as conductors for the purposes of their supply of energy. Any question or difference which may arise nnder this section shall be determined by arbitration. If the operators make default in complying with any of the requirements or restrictions of this section they shall make full compensation to all owners affected thereby for any loss damage Pbovisionai. Obdeb, 1890. 17 penalty or costs which they may incur by reason thereof and in addition thereto they shall be liable to a penalty not exceeding ten pounds for every such default and to a daily penalty not exceeding five pounds : Provided that the operators shall not be subject to any such penalty if the court having cognizance of the case shall be of opinion that the case was one of emergency and that the operators comphed with the requirements and restrictions of this section so far as was reasonable under the circumstances or that the default in question was due to the fact that the operators were ignorant of the position of the main pipe syphon electric line or work affected thereby and that such ignorance was not owing to any negligence on the part of the operators. For the purposes of this section the expression "gas company" shall mean any body or person lawfully supplying gas ; the expression "water company" shall mean any body or person lawfully supplying water or water power ; and the expression " electric supply company " shall mean any body or person supply- ing energy under the principal Act but not under this Order. 15. In the exercise of any of the powers of this Order relating to the execution of works the Undertakers shall not in any way injure the railways tunnels arches works or conveniences belonging to any railway or canal company nor obstruct or interfere with the working of the traffic passing along any railway or canal. 16. Seven days before commencing to lay down any electric line or to supply energy through any electric line in any manner whereby the work of telegraphic or telephonic or electric signalling communication through any wires or lines lawfully laid down or placed in any position may be injuriously affected the Undertakers shall unless otherwise agreed between the parties interested give to the body or person for the time being entitled to such wires or lines notice in writing specifying the course nature and gauge of such electric lines and the amount and nature of the currents intended to be sent along the same and the extent to and manner in which if at all earth returns are proposed to be used and the Undertakers shall conform with such reasonable requirements as may from time to time be made by such body or person as aforesaid for the purpose of preventing the communication through such wires or lines from being injuriously affected as aforesaid. If any difference arises between any such body or person and the Undertakers with respect to the reasonableness of any Forprotectioi of railway and canal companies. 18 Provibionax Oruer, 1890. requirements so made such difference shall be determined by arbitration. Provided that nothing in this section shall apply to repairs or renewals of any electric line so long as the course nature and gauge of such electric line and the amount and nature of the current sent along the same are not altered. If the Undertakers make default in complying with any of the requirements or restrictions of this section they shall make full compensation to the body or person entitled to any such wire or line for any loss or damage which they may incur by reason thereof and in addition thereto they shall be liable to a penalty not exceeding five pounds for every such default and to a daily penalty not exceeding forty shillings : Provided that the Undertakers shall not be subject to any such penalties as aforesaid if the court having cognizance of the case shall be of opinion that the case was one of emergency and that the Undertakers complied with the require- ments and restrictions of this section so far as was reasonable under the circumstances or that the default in question was due to the fact that the Undertakers were ignorant of the position of the wires or lines affected thereby and that such ignorance was not owing to any neghgence on the part of the Undertakers. Compulsory Works. ""u'ltiown 17- (^) The Undertakers shall within a period of two years ill 8tre.ia j^f^g^ ^j^g Commencement of this Order lay down suitable and ipccinctl III •' *=<=<^'' . sufficient distributing mains for the purposes of general supply Schciors within the area of supply. 22 Provisiox.\l Obdeb, 1890. Enter into a \\Titten contract with the Undertakers if required by them so to do to continue to receive and pay for a supply of energy for a period of at least two years of such an amount that the pajTnent to be made for the same at the rate of charge for the time being charged by the Undertakers for a supply of energy to ordinary consumers within the area of supply shall not be less than twenty pounds per centum per annum on the outlay incurred by the undertakers in providing any electric lines required under this section to be provided by them for the purpose of such supply and give to the Undertakers (if required by them so to do) security for the payment to them of all moneys which may from time to time become due to them by such owner or occupier in respect of any electric lines to be furnished by the Undertakers and in respect of energy to be supplied by them. Provided always that the Undertakers may after they have given a supply of energy for any premises by notice in writing require the owner or occupier of such premises within seven days after the date of the service of such notice to give to them security for the payment of all moneys which may from time to time become due to them in respect of such supply in case such owner or occupier has not already given such security or in case any security given has become invalid or is insufficient and in case any such owner or occupier fail to comply with the terms of such notice the Undertakers may if they think fit discontinue to supply energy for 8uch premises so long as such failure continues. Provided also that if the owner or occupier of any such premises as aforesaid uses any form of lamp or burner or uses the energy supplied to him by the Undertakers for any purposes or deals with it in any manner so as to unduly or improperly interfere with the efficient supply of energj' to any other body or person by the Undertakers the Undertakers may if they think fit discontinue to supply energy to such premises so long as such user continues. Provided also that the Undertakers shall not be compelled to give a supply of energy to any premises unless they are reasonably satisfied that the electric lines fittings and apparatus therein are in good order and condition and not calculated to affect injuriously the use of energy by the Undertakers or by other persons. Provisional Order, 1890. 23 If any difference arises under this section as to any improper use of energy or as to any alleged defect in any electric lines fittings or apparatus such difference shall be determined by arbitration. 22. The maximum power with which any such consumer plf.^'r^'"" power. shall be entitled to be supplied shall be of such amount as he may from time to time require to be supplied with not exceeding what may be reasonably anticipated as the maximum consumption on his premises : Provided that where any consumer has required the * Undertakers to supply him with a maximum power of any specified amount he shall not be entitled to alter that maximum except upon one month's notice to the Undertakers and any expenses reasonably incurred by the Undertakers in respect of the service lines by which energy is supplied to the premises of such consumer or any fittings or apparatus of the Undertakers upon such premises consequent upon such alteration shall be paid by him to the Undertakers and may be recovered summarily as a civil debt. If any diiference arises between any such owner or occupier and the Undertakers as to what may be reasonably anticipated as the consumption on his premises or as to the reasonableness of any expenses under this section such difference shall be determined by arbitration. 23. Whenever the Undertakers make default in supplying f^l^fre^g"'' energy to any owner or occupier of premises to whom th ^y may be ^"I'l^'y- and are required to supply energy under this Order they shall be liable to a penalty not exceeding forty shillings in respect of every such default for each day on which any such default occurs. Whenever the Undertakers make default in supplying energy in accordance with the terms of any regulations and conditions subject to which they are authorised to supply energy under this Order they shall be liable to such penalties as may by such regulations and conditions be prescribed in that behalf. Provided that the penalties to be inflicted on the Undertakers under this section shall in no case exceed in the aggregate the sum of fifty pounds in respect of any defaults not being wilful defaults on the part of the Undertakers for any one day and provided also that in no case shall any penalty be inflicted in respect of any default if the Court having cognizance of the case should be of 24 PsonsioNAL Obdeb, 1890. Motbodaef charging. Maximum price*. Other charge! by agriemcnl. opinion that such default waa caused by inevitable accident or force majeure or was of so slight or uiiiuiportant a character as not materially to affect the value of the supply Price. 24. The Undertakers may charge for energy supplied by them to any ordinary consumer (otherwise than by agreement) — (1) By the actual amount of energy so supplied ; or (2) By the electrical quantity contained in such supply ; or (3) By such other method as may for the time being be approved by the Board of Trade. Provided that where the Undertakers charge by any method so approved by the Board of Trade any consumer who objects to that method of charge may by one month's notice in writing require the Undertakers to charge him at their option by the actual amount of energy supplied to him or by the electrical quantity contained in such supply and thereafter the Undertakers shall not except with the consumer's consent charge him by any other method. Provided also that before commencing to supply energy through any distributing main for the purposes of general supply the Undertakers shall by public advertisement give notice by what method they propose to charge for energy supplied through such main and where the Undertakers have given any such notice they shall not be entitled to change such method of charging except after one month's notice of such change has been given by them to every consumer who is supplied by them from such main. 25. The prices to be charged by the Undertakers for energy supphed by them shall not exceed those stated in that behalf in the Fourth Schedule in the first and second sections thereof respectively or in the case of a method of charge approved of by the Board of Trade such price as the Board shall on approving such method determine. 26. Subject to the provisions of this Order and of the principal Act and to the right of the consumer to require that he shall be charged according to some one or other of the methods above mentioned the Undertakers may make any agreement with a consumer as to the price to be charged for energy and the mode in which such charges are to be ascertained and may charge accordingly. Pbovisional Obder, 1890. 25 Appointment of electric inspectors. Electric Tnsjiectors. 27. The Board of Trade on the apphcation of any consumer or of the Undertakers may from time to time appoint and keep appointed one or more competent and impartial person or persons to be electric inspectors under this Order and from time to time remove any person so appointed. The duties of an electric inspector under this Order shall be be as follows : — (a) The inspection and testing periodically and in special cases of the Undertakers electric lines and works and the supply of energy given by them ; (b) The certifying and examination of meters ; and (c) Such other duties in relation to the undertaking as may be required of him under the provisions of this Order or of any regulations under this Order. The Board of Trade may from time to time prescribe the fees to be taken by an electric inspector and the manner in which and the times at which his duties are to be performed. 28. The Undertakers shall pay to every electric inspector appointed under this Order such reasonable remuneration (if any) as may from time to time be determined by the Board of Trade and such remuneration may be in addition to or in substitution for any fees which are directed to be paid to electric inspectors for services rendered by them under this Order or any regulations of the Board of Trade made in pursuance of this Order as may be settled by such Board and where any such remuneration is settled to be in substitution for fees any fees payable by any party other than the Undertakers shall in lieu of being paid to such electric inspector for his own use be due and paid to him on behalf and for the use of the Undertakers and shall be carried by them to the credit of the local rate. 29. The Board of Trade may if they deem it necessary 3"'^"^^'^*'^ appoint any electric inspector or other fit person or persons to '^'''^^■ inquire and report as to the cause of any accident affecting the safety of the public which may have been occasioned by or in connexion with the Undertakers works or as to the manner and extent in and to which the provisions of this Order and the principal Act and of any regulations under this Order so far as such Remunera- tion of electric inspector. 26 Pbovibional Order, 1890. provisions affect the safety of the public liave been complied with by the Undertakers and any person appointed under this section not being an electric inspector shall for the purposes of his appoint- ment have all the powers of an electric inspector under this Order. Testing of works anil ■upply on COniillDlCT'H premises. UudcrUkcre to establish testing Dtations. Testing and Inspection. 30. On the occasion of the testing of any main of the Undertakers reasonable notice thereof shall be given to the Undertakers by the electric inspector and such testing shall be carried out at such suitable hours as in the opinion of the inspector will least interfere with the supply of energy by the Undertakers and in such manner as the inspector may think expedient but except under the provisions of a special order in that behalf made by the Board of Trade he shall not be entitled to have access to or interfere with the mains of the Undertakers at any points other than those at which the Undertakers have reserved for themselves access to the said mains : Provided that the Undertakers shall not be held responsible for any interruption in the supply of energy which may be occasioned by or required by such inspector for the purpose of any such testing as aforesaid Provided also that such testings shall not be made in regard to any particular portion of a main oftener than once in any three months unless in pursuance of a special order in that behalf made by the Board of Trade. 31. An electric inspector if and when required to do so by any consumer shall from time to time on payment by such consumer of the prescribed fee test the variation of electric pressure at the consumer's terminals or make such other inspection and testing of the service lines apparatus and works of the Undertakers upon the consumer's premises as may be necessary for the purpose of deter- mining whether the Undertakers have comphed with the provisions of this Order and the regulations and conditions subject to which they are for the time being authorised to supply energy. 32. A court of summary jurisdiction may from time to time upon the application of any ten consumers direct the Undertakers at their own cost to establish at such places within a reasonable distance from a distributing main and keep in proper condition such reasonable number of testing stations as the court shall deem sufficient for testing the supply of energy by the Undertakers through such main and thereupon the Undertakers shall establish Peo VI SIGNAL Ordee, 1890. 27 such testing places and provide thereat such proper and suitable instruments of a pattern to be approved by the Board of Trade as the Court may direct and they shall connect such stations by means of proper and sufficient electric lines with such mains and supply energy thereto for the purpose of such testing. 33. The Undertakers shall set up and keep upon all premises from which they supply energy by any distributing mains such suitable and proper instruments of such pattern and construction as may be from time to time approved of or prescribed by the Board of Trade and shall from time to time take and record and keep recorded such observations as the Board of Trade may from time to time prescribe and any observations so recorded shall be receivable in evidence. 34. The Undertakers shall keep in efficient working order all instruments which they are required by or under this Order to place set up or keep at any testing station or on their own premises and any electric inspector appointed under this Order may from time to time examine and record the readings of such instruments and any readings so recorded shall be receivable in evidence. 35. Any electric inspector appointed under this Order shall have the right to have access at all reasonable hours to the testing stations and premises of the Undertakers for the purpose of testing the electric lines and instruments of the Undertakers and ascertaining if the same are in order and in case the same are not in order he may require the Undertakers forthwith to have the same put in order. 36. The Undertakers may if they think fit on each occasion of the testing of any main or service line or the testing or inspection of any instruments of the Undertakers by any electric inspector be represented by some officer or other agent but such officer or agent shall not interfere with the testing or inspection. 37. The Undertakers shall afford all facilities for the proper execution of this Order with respect to inspection and testing and the readings and inspection of instruments and shall comply with all the requirements of or under this Order in that behalf and in case the Undertakers make default in complying with any of the provisions of this section they shall be liable in respect of each default to a penalty not exceeding five pounds and to a daily penalty not exceeding one pound. Undertakers to keep instruments ou their premises. Readings of instruments to be taken. Electric inspector may test Undertakers instruments. Representa- tion of Undertakers at testings. Uudertakers to give facilities for testing. 38 Pbotisiohal Oedeb, 1890. 38. Every electric inspector shall on the day immediately followinp; that on which any testing has been completed by him under this Order make and deliver a report of the results of his testing to the Board of Trade or consumer (as the case may be) by whom he was required to make such testing and also to the Undertakers and such report shall be receivable in evidence. If the Undertakers or any consumer are or is dissatisfied with any report of any electric inspector they or he may appeal to the Board of Trade against such report and thereupon the Board of Trade shall inquire into and decide upon the matter of any such appeal and their decision shall be final and binding on all parties. 39. Save as otherwise provided by this Order or by any regulations under this Order all fees and reasonable expenses of an electric inspector shidl unless agreed be ascertained by the Board of Trade and shall be paid by the Undertakers and may be recovered summarily as a civil debt. Provided that where the report of an electric inspector or the decision of the Board of Trade shows that any consumer was guilty of any default or negligence such fees and expenses shall on being ascertained as above mentioned be paid by such consumer or consumers as the Board of Trade having regard to such report or decision shall direct and may be recovered summarily as a civil debt. Provided also that in any proceedings for penalties under this Order any such fees and expenses incurred in connexion with such proceedings shall be payable by the complainant or defendant as the court may direct. Mil.nt to be l>^' agri'ciiiciit. Meters. 40. The amount of energy supplied by the Undertakers to any ordinary consumer under this Order or the electrical quantity contained m such supply (acconling to the method by which the Undertakers elect to charge) in this Order referred to as " the value of the supply" shall except as otherwise agreed between such consumer and the Undertakers be ascertained by means of an appropriate meter duly certified under the provisions of this Order. Peovisional Obdeb, 1890. 29 41. A Meter shall be considered to be duly certified under the provisions of this Order if it be certified by an electric inspector appointed under this Order to be a correct meter and to be of some construction and pattern and to have been fixed and to have been connected with the service lines in some manner approved of by the Board of Trade and every such meter is in this Order referred to as a "certified meter": Provided that where any alteration is made in any certified meter or where any such meter is unfixed or disconnected from the service lines such meter shall cease to be a certified meter unless and until it be again certified as a certified meter under the provisions of this Order. 42. Every electric inspector on being required to do so by the Undertakers or by any consumer and on payment of the prescribed fee by the party so requiring him shall examine any meter intended for ascertaining the value of the supply and shall certify the same as a certified meter if he considers it entitled to be so certified. 43. Where the value of the supply is under this Order required to be ascertained by means of an appropriate meter the Undertakers shall if required so to do by any consumer supply him with an appropriate meter and shall if required so to do fix the same upon the premises of the consumer and connect the service lines therewith and procure such meter to be duly certified under the provisions of this Order and for such purposes may authorise and empower any ofiicer or person to enter upon such premises and execute all necessary works and do all necessary acts : Provided that previously to supplying any such meter the Undertakers may require such consumer to pay to them a reasonable sum in respect of the price of such meter or to give security therefor or (if he desires to hire such meter) may require him to enter into an agreement for the hire of such meter as herein-after provided. 44. No consumer shall connect any meter used or to be used under this Order for ascertaining the value of the supply with any electric line through which energy is supplied by the Undertakers or disconnect any such meter from any such electric lines unless he has given to the Undertakers not less than forty-eight hours notice in writing of his intention so to do and if any person acts in contravention of this section he shall be liable for each offence to a penalty not exceeding forty shillings. Meter to be certified. Inspector to certify meters. Undertakers to supply meters if required to do so. Meters not to be connected or disconnect- ed without notice. 30 Provisional Order, 1890. Coniamer to keep his meter io proper ..r.ler. Power to the Undertaken to let meter. Cndcrtakcni to keep meters let for hire in rc[>air. DifferenoMM to oorractDflM of meter to be ■cttlc, 36 S bH. PENALTIES, recovery and application of, 41 S fi6. PENALTY for connecting or clijconntTting meter without notice, 29 S 44. failing to comply with requirements as to maps of area of supply, 31 S51. publish regulations made by Board of Trade, 39 8 61. failure to supply energy, 23 S 23. making default in complying with order of Board of Trade as to remedying of system and works, 39 6 60. using electric line or work while use thereof is forbidden by Boanl of Trade, 89 S 60. on Undertakers if they infringe provisions of Section 10, 7 8 10 (/). PIPES, wires, &<:., as to alterations of, 12 S 18. POSTMASTER-OENEUAL may approve subject to conditions or disapprove of proposed works and plan, 7 6 lO (6). notice of proposed works if to be placed under, along or across any street or public bridge, with plan, to be served on, 6 S 10. saving clause for, 418 69. to be compensated for damage he may incur through non-compliance with, 8 10, and Undertakers also liable to daily penalty unless case one of emergency, 7 S 10 (/). deemed to have approved proposed works and plan if he fail to give notice of approval or disapproval to Undertakers within one month, 7 S 10 ((f). POWERS, &c.. Transfer of, 86 S 69. PRICE for energy, 24 8 24. PRICES by agreement for energy, 24 S 26. for energy, maximum, 24 8 26. IndkxJ M PKOTECTION' of Eailway snd Canal Companies, 17 S 16. telegraphic and telephonic communication, 17 S 16, PUBLIC HEALTH ACT, 1875, Incorporation of Sections 264 and 265, 41 S 68. RAILWAY AND CANAL COMPANIES, Protection of, 17 S 15. RAILWAYS, Powers as to interfering with, 5 S 8. REGULATIONS made by Board of Trade to be published by Undertakers, 39 S 61. REQUISITIONS as to laying mains, 18 and 19 S 17 (2) (3). manner in which to be made, 19 S 19. provisions on, 19 S 20. REVENUE, Application of, 32 S 52. Surplus, if exceeding five jwunds per centum per annum on Undertaking, reduction in charge for supply of energy to be made, 33 S 52. to be carried to credit of local rate, or to improvement of district, or in reduction of capital moneys borrowed for electricity purposes, 33 S52. SAVING Clause for Postmaster-General, 41 S 69. RIGHTS of the Crown in the foreshore, 41 S 70. SCHEDULES— First Schedule. — Area of Supply, 43. Second Schedule. — List of streets in which mains to be laid, 43. Third Schedule — List of streets not repairable by local authority, &c., which may be broken up, 44. Fourth Schedule. — Definition of unit and charges, 46. SECURITY, Nature and amount of, 39 S 62. Undertakers may require, from owners or occupiers of premises, or may discontinue supply of energy, 22 S 21. SHORT TITLE, 1 SI. STREET BOXES, Undertakers may provide, subject to certain conditions, 6 S 9. STREETS not repairable by the local authority. Provisions as to execution of Works in, 8 Sll. Powers as to breaking up, 5 S 8. Street Authority, &c., may give notice of desire to break up, on behalf of Undertakers, 10 S 12. SUPPLY, Area of, 8 8 5. may be discontinued if owner or occupier uses any form of lamp or burner, &c., so as to unduly interfere with supply to any other body or person, 22 S 21, of energy to owners and occupiers within area of supply, Undertakers to furnish Bofficient, 21 S 21. U IVBCI. SUPPLY (continued), tjetem of, to be approred bj Bo»rd .if Tr»de and to be subject to such regulations as may from time to time be imposed hy Board of Trade, 3 S6 (1). systems and luode of, 3 S 6. Undertakera not to be compelled to give, unless reasonably satisfied that electric lines, fittings and apparatus are in good order, &c., 22 S 21. SYSTEM and works, Board of Trade may order remedying of, 88 S 60. TELEGRAPHIC and telephonic communication, protection of, 17 S 16. not to be injuriously affected by work.s of Undertakers, 4 S 6 (3). line if injuriously affected, nothing in Section 10 of this Order to exempt Undertakers from [jonalty to which they may be liable, 8 S 10 (/). TESTING of Mains, 2fi S 30. works and supply on consamere' premiaes, 26 S 31 report of results of, 28 S 88. sutions, Undertakers to establish, 26 S 32. Undertakers to ^rive facilities for, 27 6 87. TESTINGS, representations of UnderUkers at, 27 S 36. TRAMWAYS, Powers as to interfering with, 6 S 8. TRANSFER of powers, Ac, 86 S 59. UNDERTAKERS, Deacription of, 8 S 4. WATER AND GAS PIPES, Ac, Laying electric lines, Ac, near, 15 S U. WIRES, PIPES, &c., As to alteration of. 12 S 18. WORKS, Power to Undertakers to execiile. 5 S 8. to be executed in streets or over public bridges in accordance with plan submitted to Postmaster-General, 6 S 10. CONTENTS. Article 1. 2. 3. PROVISIONAL OKDER, 1896. Short title Incorporation of Acts Interpretation The Promoters Promoters. Lands. 6. Lands by agreement Construction of Tramways. 6. Construction of Tramways 7. Provisions as to Tramways in Whitefriargate and Silver Street 8. Relaying of existing Tramways ... 9. Gauge of Tramways 10. Provisions as to construction of tramways 11. Power to lay single or interlacing lines in place of double 12. As to rails of tramways ... ... ... 13. For protection of the North Eastern Railway Company (1) As to laying tramways across the railway lines ... (2) As to railway traffic at level crossings ... (3) As to injury to railway works (4) As to pipes &c. (5) As to crossing of Whitefriargate Bridge... (6) Provision as to arbitration 14. Penalty for not maintaining rails in good condition 15. Promoters may lay down and maintain works necessary for using steam cable electrical or mechanical power 16. Removal of existing tramways 17. Additional crossings &c. may be made where necessary ... 18. Temporary tramways may be made when necessary 19. Application of road materials excavated in construction of works 20. Tramways not to be opened until certified by Board of Trade .. Motive Power. 21. Carriages may be moved by animal electrical or other mechanical power 22. Power to place pole wires &c. 23. Penalty for using steam cable electrical or mechanical power contrary to order or regulations .. . 24. Bye-laws ... 25. As to recovery of penalties 26. Amendment of the Tramways Act 1870 as to bye-laws by local authority 27. Orders and bye-laws to be signed &c. 28. Provisions as to use of electric power 29. For protection of the PoBtmaster General Page 1 1 1 2 7 8 8 8 8 9 9 9 9 10 10 10 11 11 12 12 13 13 13 13 14 14 15 16 16 16 16 16 19 ii. Contents. Artiolb. Paob. TRArnc. 80. Promoters not to canr goods ... ... ... ... ... ... 22 31. Interchange of traffic 22 Tolls. .32. Tolls for passengers 22 88. As to fares on Sundajs and holidays ... ... ... ... ... 22 34. Passeiifr'TS lu>?page ... ... ... ... ... ... 22 36. Choap fares for labouring clasi»e8... ... ... ... ... ... 23 36. Tolls for parceli &c 28 87. As to payment of tolls 23 MlSCELLASBOtrS. 38. Power to Corporation to work tramways... ... ... ... ... 28 89. Corporation may borrow £300,000 to l>e repaid in thirty years... .. 24 40. Provisions as to arbitration ... ... ... .. ... ... 24 41. Fonii and delivery of notices ... ... ... ... ... ... •.>4 42. Section 265 of the Public Health Act 1875 incorporated •i.'i 48. Repeal of previous enactments ... ... ... ... ... ... 25 44. Confirmation of agreement 25 45. Saving for general Acts ... ... .. ... ... ... ... 25 46. CosU of order 25 ScBBDOLBB. First Schedule 26 Second Schedule 27 Third Schedule 27 TRAMWAYS ORDERS CONFIRMATION (No. 1) ACT, 1896. 69 AND 00 Vict., Ch. CXX. Royal Assent, 20th July, 1896. Protection g( 3. The Promoters mentioned in the said Orders* shall not lauiurii'i'p in the exercise of the powers of this Act or of the said Orders purchase or acquire in any city borough ur other urban district or in any parish or part of a parish not being within an urban district ten or more houses which on the fifteenth day of December last were occupied either wholly or partially l)y persons belonging to the labouring class as tenants or lodgers or except with the consent of the Local Government Board ten or more houses which were not so occupied on the said iafteenth day of December but have been or shall be subsequently so occupied. For the purposes of this section the expression " labouring class" includes mechanics artisans labourers and others working for wages hawkers costermongers persons not working for wages but working at some trade or handicraft without employing others except members of their own family and persons other than domestic servants whose income does not exceed an average of thirty shillings a week and the families of any such persons who may be residing with them. • Hull Corporation Tramways, etc. Peovisional Order, 1896. 1 BOROUGH OF KINGSTON-UPON-HULL. PROVISIONAL ORDER. Confirmed by the Tramways Orders Confirmation (No. 1) Act, 1896, 69 and 60 Vict., Ch. CXX. Royal Assent, 20th July, 1896. 1. This Order may be cited as "The Hull Corporation short Title. Tramways Order 1896." 2. The provisions of the Lands Clauses Acts (except with J" Act'3°"*'°T respect to the purchase and taking of lands otherwise than by agreement and with respect to the entry upon lands by the Promoters of the undertaking) and of the Tramways Act 1870 are hereby incorporated with this Order except where the same are inconsistent with or expressly varied by this Order. 3. The several words terms and expressions to which by the i.nterpreta- Acts in whole or in part incorporated with this Order meanings are assigned have in this Order the same respective meanings. Provided that in this Order — The expression "the Order of 1872" means the Hull Tramways Order 1872 ; The expression " the Act of 1875" means the Hull Street Tramways Act 1875 ; The expression " the Order of 1877" means the Hull Street Tramways (Extension) Order, 1877 ; The expression "the existing Tramways" means aU the Tramways now in existence which were constructed under the authority of the Order of 1872 the Act of 1875 and the Order of 1877 or any of such Orders and Act ; The expression " the Tramways " means the Tramways and works by this Order authorised and such parts of the existing Tramways as are proposed to be re-laid ; The expression " the Undertaking" means the undertaking authorised by the Order of 1872 the Act of 1875 the Order of 1877 and this Order ; The expression "Mechanical Power" includes steam power (other than steam locomotives) and gas or oil or haulage by wires ropes cables chains or other appliances placed Pbovisiobal Ordbb, 1806. The rromotcni. Luidi bj Agreement. Coiut ruction of Tr»mw»]rii. under ground in connection with stationary engines or otherwise but doe.s not include electrical power ; The expression "the Borough" means the County Borough and the Town and County of the Town of Kiugston- upon-HuU ; The expression "the Company" means the Hull Street Tramways Company. Promoters. 4. The Mayor Aldermen and Burgesses of the Borough shall be the Promoters for the purposes of this Order and are in this Order referred to as " the Promoters." Lands. 5. The Promoters may appropriate and use for the purposes of the undertaking any lands not dedicated to pubHc use now vested in them and forming part of their corporate estates and they may also by agreement from time to time purchase take on lease and acquire for the purposes of the Undertaking such lands as they may require and may from time to time sell let and disposo of any such lands which may not be necessary for such purposes and may erect or construct on any suoh lands any ofhces stables sheds workshops stores waiting-rooms or other buildings yards works and conveniences for the purposes of the Undertaking Provided that they shall not at any time hold for those purposes more than tive acres of land but nothing in this Order shall exonerate the Promoters from any indictment action or other proceeding for nuisance in the event of any nuisance being caused by them upon lands taken or appropriated under the powers of this Section. Construction of Trainwaijs. 0. Subject to the provisions of this Order the Promoters may make fonn lay down use and maintain wholly within the Borough the Tramways hereinafter described in the hues and according to the levels shown on tho plans and sections deposited for the purpoHos of tliie Order ut the oflBce of the Board of Trade as the same have been amended previous to the passing of the Act confirming this Order (in this Order referred to respectively as " the deposited plane " and " the deposited sections") and in all respects in accordance with those plans and sections with all such Provisional Oedee, 1896. 3 rails junctions crossing-places turnouts plates tubes channels offices weigh-bridges turn-tables power stations engine-sheds stables carriage-houses works mechanical appliances plant and conveniences connected therewith as may be necessary or proper therefor and for connecting and using the same with the existing Tramways. Provided that in any street or road where the carriageway is less than 28 feet in width the Promoters shall not lay a double line of Tramway with the distance between the centre lines shown upon the deposited plans unless and until the carriageway shall be made not less than 28 feet in width but in place of such double line the Promoters may lay a single line or may lay an interlacing line or double line with such reduced distance between the centre lines that for a distance of 30 feet or upwards a space of less than 7 feet 6 inches shall not at any point intervene between the outside of the footpath on either side of the street or road and the nearest rail of the Tramway. The Tramways authorised by this Order are : — Tramway No. 1. — 1 mile 1 furlong 8-77 chains in length which will be a double line throughout and in substitution for a portion of the existing Tramways and commencing in the Parish of Newington at a point 2*40 chains or thereabouts westward from the intersection of the centre lines of Carlton Street and Hessle Road passing thence in an easterly direction along Hessle Road and terminating therein in the United Parishes of Holy Trinity and Saint Mary by a junction with the existing Tramways at a point 1-60 chains or thereabouts eastward from the intersection of the centre lines of Alfred Street and Hessle Road. Tramway No. 2. — 2 furlongs 9-30 chains in length which will be a double line throughout and in substitution for a portion of the existing Tramways and whoUy situated in the United Parishes of Holy Trinity and Saint Mary commencing in Hessle Road by a junction with the existing Tramways at a point 0-60 chain or thereabouts westward from the intersection of the centre lines of Walker Street and Hessle Road passing thence in an easterly direction along Hessle Road and north easterly into and along Porter Street and Provisional Obdeb, 1896. northerly into and along Midland Street and terminating in the last named street by a junction with the existing Tramways at a point 250 chains or thereabouts northward from the intersection of the centre lines of Osborne Street and Midland Street The part of this Tramway in Midland Street shall not be laid so that for a distance of 30 feet or upwards a less space than 9 feet 6 inches shall intervene between the outside of the footpath on either side of the street or road and the nearest rail of the Tramway. Tramway No. 3. — 1 mile 7 furlongs 0'71 chain in length which will be a double line throughout and in substitution for a portion of the existing Tramways and commencing in the Parish of Newington at a point 1-80 chains or thereabouts westward from the intersection of the centre lines of Wheeler Street and Anlaby Road passing thence in an easterly direction along Anlaby Road and into and along Carr Lane and Saint John Street and terminating in the last-named street in the United Parishes of Holy Trinity and Saint Mary by a junction with the existing Tramways at a point 1-30 chains or thereabouts eastward from the intersection of the centre lines of Engine Street and Saint John Street. Tramway No. 4. — 1 mile 1 furlong 7-68 chains in length wliich will be a double line throughout and for a part of its length in substitution for a portion of the existing Tramways and commencing in the Parish of Cottingham at a point 0-20 chain or thereabouts southward from the intersection of the centre lines of Queen's Road and Prince's Avenue passing thence in a southerly direction along Prince's Avenue and easterly into and along Spring Bank on or near the boundary between the Parish of Sculcoates and the United Parishes of Holy Trinity and Saint Mary and part in the said United Parishes and south-easterly into and along Prospect Street and terminating in the last-named street in the Parisli of Sculcoates by a junction with the existing Tramways at the intersection of the centre lines of Pearson Street and Prospect Street. Provisionai. Order, 1896. 5 Tramway No. 5. — 1 mile 3 furlongs 3-37 chains in length which will be a double line throughout and in substitution for a portion of the existing Tramways and commencing in the Parish of Cottingham at a point 0-35 chain or thereabouts southward from the intersection of the centre lines of Cottingham Koad and Beverley Koad passing thence in a southerly direction along Beverley Koad and terminating therein in the Parish of Sculcoates by a junction with the existing Tramways at the intersection of the centre lines of Marlborough Terrace and Beverley Koad. Tramway No. 6. — 1 furlong 6-09 chains in length which will be a double line throughout and in substitution for a portion of the existing Tramways and wholly situate in the Parish of Sculcoates commencing in Prospect Street by a junction with the existing Tramways at a point 0'80 chain or thereabouts north- westward from the intersection of the centre lines of Pryme Street and Prospect Street passing thence in a south-easterly direction along Prospect Street and easterly into and along Albion Street and terminating in the last-named street by a junction with the existing Tramways at a point 1-80 chains or thereabouts eastward from the intersection of the centre lines of Prospect Street and Albion Street. Tramway No. 7. --2 furlongs 1-67 chains in length which will be a double line throughout and in substitution for a portion of the existing Tramways and commencing in the Parish of Sculcoates by a junction with the existing Tramways in Albion Street at a point 1-40 chains or thereabouts westward from the intersection of the centre lines of Union Street and Albion Street passing thence in an easterly direction along Albion Street in a southerly and easterly direction into and along Bond Street in a southerly direction into and along Savile Street and in a south-easterly direction into and along Junction Street and terminating in the last- named street in the United Parishes of Holy Trinity and Saint Mary by a junction with the existing Provtbioral Order, 1896. 'I'ramways at a point 1*00 chains or thereabouts west- ward from the intersection of the centre lines of Whitefriarr^ate Bridge and the Lock-pit connecting Queen's Dock and Prince's Dock. Tramway No. 8. — 6"60 chains in length which will be a double line throughout and in substitution for a portion of the existing Trannviiys and wholly situate in the United Parishes of Holy Trinity and Saint Mary commencing by a junction with the existing Tramways at a point 0-50 chain or thereabouts southward from the intersection of the centre lines of Silver Street and Market Place passing thence in a southerly direction along Market Place and terminating in the last-named street by a junction with the existing Tramways at a point 0-40 chain or thereabouts northward from the intersection of the centre lines of South Church Side and Market Place. Tramway No. 9. — 1 furlong 8*39 chains in length which will be a double line throughout and in substitution for a portion of the existing Tramways and wholly situate in the United Parishes of Holy Trinity and Saint Mary commencing in Market Place by a junction with the existing Tramways at a point 0'70 chain or thereabouts northward from the intersection of the centre lines of Mytongate and Market Place passing thence in a southerly direction along Market Place and into and along Queen Street and westerly into and along Nelson Street and terminating in the last- named street at a point 0"50 chain or thereabouts eastward from the intersection of the centre lines of Pier Street and Nelson Street. Tramway No. 10. — 3 furlongs 2-17 chains in length which will be a double line throughout and in substitution for a portion of the existingTramways and commencing in the Parish of Sculcoates by a junction with Tramway No. 7 at a point 0*50 chain or thereabouts southward of the intersection of the centre lines of George Street and Savile Street passing thence in a north-easterly direction along Savile Street and easterly Provisional Order, 1896. 7 • into and along George Street and Charlotte Street and terminating in the last-named street in the United Parishes of Holy Trinity and Saint Mary by a junction with the existing Tramways at a point 0"86 chain or thereabouts eastward from the intersection of the centre lines of Wincolmlee and Charlotte Street The part of this Tramway in Charlotte Street east of Dock Office Eow shall not be laid so that for a distance of 30 feet or upwards a less space than 9 feet 6 inches shall intervene between the outside of the footpath on the south side of the street or road and the nearest rail of the Tramway. Tramway No. 11. — 1 mile 4 furlongs 0'95 chain in length which will be a double line throughout and for a part of its length in substitution for a portion of the existing Tramways and commencing in the Parish of Sntton by a junction with the existing Tramways at a point I'SO chains or thereabouts north-eastward from the intersection of the centre lines of Great Union Street and Witham passing thence in an easterly direction along Witham and north-easterly into and along Holderness Eoad and running for a part of its length through the Parish of Drypool and terminating in Holderness Eoad in the Parish of Southcoates at a point opposite to the centre of the main entrance to the East Park This Tramway near its termination shall not be laid so that for a distance of 30 feet or upwards a less space than 9 feet 6 inches shall intervene between the outside of the footpath on the north-west side of the street or road and the nearest rail of the Tramway. The intended Tramways will be made and pass through in from and into the following townships and parishes or some of them namely : — Newington Holy Trinity and Saint Mary Sculcoates Cottingham Sutton Drypool and Southcoates. Such Tramways will be wholly in the Borough. 7. Notwithstanding anything in this Order contained the following provisions shall apply to the Tramways in Whitefriargate and Silver Street. 8 PnovisioxAi. OiujEB, 1896. liiip of \ays 1) The position of the Tramway in Whitefriargate and Silver Street as at present existing shall not be altered to a greater extent than 18 inches. (2) In no case shall more than one Tramcar be between the West end of Whitefriargate and the East end of Silver Street at one and the same time. 8. The Promoters may take up renew and relay the existing Tramways wherever Tramways are not authorised to be constructed by tliis Order and the existing Tramways to be relaid as aforesaid shall be deemed to be part of the Tramways authorised by and constructed under the authority of this Order. 9. Tlie Tramways shall be constructed on a gauge of four feet eight and a half inches or such lesser gauge as the Board of Trade may prescribe. 10. In addition to the requirements of section twenty-six of the Tramways Act 1870 the Promoters shall before they proceed to open or break up any road for the purpose of constructing laying down maintaining,' or renewing any of the Tramways lay before the Board of Trade a plan showing the proposed mode of constructing laying down maijitaining and renewing such Tramways and a statement of the materials intended to be used therein and the Promoters shall not commence the construction laying down maintenance or renewal of any of the Tramways or part of any of the Tramways respectively except for the purpose of necessary repairs until such plan and statement have been approved by the Board of Trade and after such approval the works shall be executed in accordance in all respects with such plan and statement. 11. The Promoters in any street or road in which by virtue of the Provisions of this Order or any other Order or any Act a double line of Tramway has been laid down or authorised may with the consent of the Board of Trade in writing' in lieu thereof lay down a single or an interlacing line of Tramway. The Promoters may also with such consent as aforesaid alter the position of the Tramways in any street or road provided that if the space authorised between the outside of the footpath and the nearest rail be in any case less than 9 feet G inches the space between such footpath and the altered rail shall not be less than the space authorised. Provisionax Ordek, 1896. 9 12. The rails of the Tramways shall be such as the Board of Trade may approve. 13. For the protection of the North Eastern Kailway Company (in this section called "the Railway Company") the following provisions shall apply and have effect (that is to say) : — (1) In the relaying or construction as the case may be of the Tramways across the rails of the Railway Company now laid upon the level of the roads known or called respectively the Anlaby the Beverley and the Holderness Roads and the Spring Bank and in the execution and maintenance of works in connection therewith authorised by this Order the same shall be relaid constructed executed and maintained as the case may be in accordance with a plan to be agreed upon by the engineers for the time being of the Railway Company and of the Promoters and under the superintendence and to the reasonable satisfaction of the engineer for the time being of the Railway Company at the cost of the Promoters unless after seven days notice given by the Promoters of their intention to commence such works such superin- tendence is refused or withheld and the said Tramways at the said level crossings and the said works in connection therewith including the roadway between the rails of the Tramways and so much of the road as extends 18 inches beyond the rails of and on each side of the Tramways shall be maintained and kept in constant and efficient repair to the reasonable satisfaction of the Railway Company's engineer for the time being and in default thereof the Railway Company may effect the necessary repairs and recover from the Promoters the cost thereof and any damages losses costs and expenses sustained by them by reason of such default. (2) The Promoters shall not stop their carriages on or AstoRaiu ^ ^ . . . ^ " traffic at k otherwise interfere with or obstruct the traffic of the crossings. Railway Company on the level crossings of the railway of the Railway Company over the Anlaby the Beverley and the Holderness Roads and the Spring Bank and 10 Pbo VISIONAL Ordek, 189G. the traffic of the Railway Company shall at all times have precedence of the traflic of the Promoters who shall be subject to such rules bye-laws and regulations relating thereto as shall be agreed upon between the Promoters and the Railway Company. '2°^ (3) If by reason of the execution of any of the works or any proceedings of the Promoters or the failure of any such works or any act or omission of the Promoters or of their servants the said railway or any of the works of the Railway Company shall be injured or damaged such injury or damage shall be forthwith made good by the Promoters at their own expense or in the event of their failure so to do then the Railway Company may make good the same and recover the expense thereof against the Promoters in any court of competent jurisdiction. Pipe* (4) The North Eastern Railway (Hull Docks) Act 1893 Section 30 Sub-section 14 shall apply to any pipes wires cables or culverts which the Promoters may require to lay or construct under the docks or locks of the Railway Company for the purposes of the Tramways. (5) In the relaying or construction and use of the Tramways over the Whitefriargate Bridge belonging to the Railway Company the Promoters shall obser\'e and be bound by the following conditions : — (a) The promoters as Owners of the Tramways shall have no ownership or other interest in the said bridge other than an easement of laying and maintaining the Tramways ; (6) The laying down of the Tramways and all alterations or repairs thereof shall be done under the superin- tendence and to the reasonable satisfaction of the engineer to the Railway Company and at the cost of the Promoters unless after seven days' notice given by the Promoters of their intention to commence such works such superintendence is refused or withheld ; Pbovisional Order, 1896. 11 (o) The Railway Company shall be at liberty to stop the traffic and the passing of the Promoters carriages over the said bridge at such times as shall be necessary for the opening and passage of vessels through the said bridge and for all repairs thereto or to the approaches or machinery thereof : (d) The passing of vessels through the said bridge shall at all times have precedence of the traffic of the Promoters ; (e) If at any time the said "bridge is not sufficiently strong for the safe passage thereon of the traffic of the Tramways the Promoters shall forthwith upon notice from the Railway Company cease to run their carriages over such bridge and if required by the Railway Company shall take up and remove the rails of the Tramways from the bridge and restore the roadway to a good state and condition Provided always that in the event of such notice being given by the Railway Company it shall be lawful for the Promoters to require the Railway Company to reconstruct the said bridge of such dimensions and construction as shall be agreed between the Promoters and the Railway Company or in case of difference as shall be settled by an engineer to be appointed by the Board of Trade and the Promoters shall contribute to the cost of such reconstruction such proportion (not being less than one fourth or more than one half of such cost) as shall be agreed between the Promoters and the Railway Company or in case of difference as shall be settled by an engineer to be appointed by the Board of Trade. (6) In the event of any difference between the Railwav Provision a '' toarbitrati Company or their engineer and the Promoters or their engineer the same shall be settled by a referee to be appointed by the Board of Trade in the manner provided by Section 33 of the Tramways Act 1870. 14. The Promoters shall at all times maintain and keep in good condition and repair and so as not to be a danger or annoyance to the ordinary traffic the rails of the Tramways and the sub' 12 Provisional Order, 1896. stnicture upon which the same rest and if the Promoters at any time make default in complying with this provision they shall for ever}' such offence be subject on information laid or complaint made to a penalty not exceeding five pounds and in case of a continuing offence to a further penalty not exceeding five pounds for every day after the first on which such default continues and such penalties may be recovered as by Section 56 of the Tramways •Act 1870 is provided In any case in which it is represented in writing to the Board of Trade by twenty inhabitant ratepayers of the Borough that the Promoters have made any such default as aforesaid the Board of Trade may if they think fit direct an inspection by an officer to be appointed by the said Board and if such oflicer report that the default mentioned in such representation has been proved to his satisfaction then and in every such case a copy of such report certified by a secretary or an assistant secretary of the Board of Trade may be adduced as evidence of such default and of the liability of the Promoters to such penalty or penalties in respect thereof as is or are by this section imposed. 15. The Promoters may construct lay down execute and maintain in on or under the surface of any road bridge railway or place in or on which the Tramways are authorised all such rails grooves channels tubes passages mains plates wires ropes cables chains engines machinery or apparatus and also all such openings or ways in or under any such surface as may be necessary or expc^dient either for the working of the Tramways by steam cable electrical or mechanical power or for working any such wires ropes cables chains or apparatus and such manholes or other means for providing access to or in connection with any engines or machinery used for the purposes aforesaid provided that all powers restrictions and provisions relating to the construction and maintenance of the Tramways under or by virtue of this Order shall apply and have effect with regard to the construction execution and maintenance of such works and things as aforesaid. 16. The Promoters may for the purpose of constructing or relaying the Tramways or any of them take up and remove the existing Tramways or so much thereof as may be necessary On the granting by the Board of Trade of its Certificate under the Tramways Act 1870 that any of the Tramways is or are fit for public traffio all rights powers authorities obligations and liabilities Provisional Oeder, 1896. 13 in relation to any portion of the existing Tramways for which the Tramways shall be substituted shall as from the date of such Certificate cease and determine so far as regards such portion of the existing Tramways. 17. The Promoters may from time to time make maintain alter or remove all such crossings passing places sidings junctions and other works in addition to those particularly specified in and authorised by this Order as may be necessary or convenient for the eflicient working of the Tramways or any of them or for affording access to any stables engine-houses carriage-houses sheds or works of the Promoters Provided that in the construction of any such works no rail shall for a distance of thirty feet or upwards be so laid that a less space than nine feet six inches shall intervene between the said r^il and the outside of the footpath on either side of the road if any owner or occupier of any house shop or warehouse abutting on the place where such rail is proposed to be so laid by writing under his hand addressed to the Promoters express his objection thereto. 18. Where by reason of the execution of any work in or the alteration viddening or improvement of any street road or highway in which any of the Tramways is laid it is in the opinion of the Promoters necessary or expedient so to do the Promoters may temporarily alter such Tramway or temporarily remove or discon- tinue the use of such Tramway or any part thereof and may from time to time construct in the same or any adjacent road and maintain so long as occasion may require a temporary Tramway or temporary Tramways in lieu of the Tramway or part of a Tramway so removed or discontinued. 19. Any paving metalling or material excavated by the Promoters in the construction of any works under the authority of this Order from any road under their jurisdiction or control shall absolutely vest in and belong to the Promoters and may be dealt with removed and disposed of by them in such manner as they may think fit. 20. The Tramways shall not be opened for public traffic until the same have been inspected and certified to be fit for such traffic by the Board of Trade. 14 Pbovisionm. Ordsb, 1896. be moTod bj itninial mechanical power. Motive Power, 21. The carriages used upon the Tramways may subject to the provisions of this Order be moved by animal power and with tlie consent in writing of the Board of Trade by any form of mechanical or electrical power specially approved by the Board of Trade in writing. Provided always that the exercise of the powers hereby conferred with respect to the use of any mechanical or electrical power shall be subject to the regulations set forth in the First Schedule to this Order annexed and to any regulations which may be added thereto or substituted therefor respectively by any order which the Board of Trade may and which they are hereby empowered to make from time to time as and when they may think fit for securing to the public all reasonable protection against danger in the exercise of the powers by this Order conferred with respect to the use of any mechanical or electrical power on the Tramways. Provided also that the lessees under any lease made by the Promoters shall not use electrical steam or any mechanical power on the Tramways or any part thereof unless they are authorised to do so by special permission in such lease and the Promoters may with the consent of the Board of Trade and subject to the provisions of this Order attach to such special permission such conditions and restrictions (not being inconsistent with the provisions of this Order) as they may think fit. 22. Subject to the provisions of this Order the Promoters may place and maintain in on or over any street road bridge or railway in on or over which any of the Tramways may be laid such poles and overhead electric wires as may be necessary and proper for working such Tramways by electric power. Provided that before placing such poles or wires the Promoters shall lay before the Board of Trade a plan showing the position of every such pole and wire and shall not commence the erection thereof until such plan shall have been approved by the said Board and all such polca and wires shall bo placed and ercoted in accordance with the plan so approved. Pbovisional Obdes, 1896. 16 23. If the Promoters or any Company or person shall use yg*j°g g'^g^^ electrical or mechanical power on any of the Tramways contrary to '^^^^^. , , L J J J electrical or, the provisions of this Order or to any of the regulations set forth mechanical '- J *^ power con- in the first Schedule to this Order annexed or to any regulation trary to *' ° Order or added thereto or substituted therefor by any Order made by the Regulations. Board of Trade under the authority of this Order they shall for every such offence be subject to a penalty not exceeding Ten Pounds and also in case of a continuing offence to a further penalty not exceeding Five Pounds for every day after the first during which such offence continues after conviction thereof Provided always that whether any such penalty has been recovered or not the Board of Trade in case in their opinion the Promoters or any Company or person using electrical or mechanical power on the Tramways under the authority of this Order have or has made default in complying with the provisions of this Order or with any of the regulations set forth in the first Schedule to this Order annexed or with any regulation which may have been added thereto or substituted therefor as aforesaid or in case the said Board is satisfied that the use of such power cannot be continued without danger may by Order direct the Promoters or such Company or person to cease to exercise the powers aforesaid and thereupon the Promoters or such Company or person shall cease to exercise the powers aforesaid and shall not again exercise the same or any of the same unless with the authority of the Board of Trade and in every such case the Board of Trade shall make a special report to Parliament notifying the making of such Order. 24. Subject to the provisions of this Order the Board of Bye-iaws. Trade may from time to time in the event of electrical or mechanical power being used under the authority of this Order upon the Tramways make and when made may rescind annul or add to bye-laws with regard to the Tramways for all or any of the following purposes (that is to say) : — For regulating the use of the bell whistle or other warning apparatus fitted to the carriage ; For providing that carriages shall be brought to a stand at the intersection of cross streets and at such places and in such cases of horses being frightened or of impending danger as the Board of Trade may deem proper for securing safety ; 16 ProvisionaXi Order, 1B96. A* to recoTerj of p«oalties. Amcmlrocnt of the Tram- ways Act 1870 aato Bye-lawa by Local Autborilr. Orders aort Bye-Iawi to be lii^etl kc Prcfrttiatu ■• to nw of electric power. For regulating the entrance to exit from and accommodation in the carriages used on such Tramways and the protection of passengers from the machinery of any engine used for drawing or propelHng such carriages ; For providing for the due publicity of all regulations and bye-laws in force for the time being in relation to such Tramways by exhibition of the same in conspicuous places on the carriages and elsewhere. Any person offending against or committing a breach of any of the bye-laws made by the Board of Trade under the authority of this Order shall be liable to a penalty not exceeding Forty Shillings. 25. The provisions of the Tramways Act 1870 with respect to the recovery of penalties shall apply to any penalty under this Order and to any penalty for non-observance of any bye-law made by the Board of Trade under the authority of this Order. 26. The provisions of the Tramways Act 1870 relating to the making of bye-laws by the Local Authority with respect to the rate of speed to be observed in travelling on the Tramways shall not authorise the Local Authority to make any bye-law sanctioning a higher rate of speed than that authorised by this Order or by any regulation made by the Board of Trade under the authority of this Order at which engines and carriages are to be driven or propelled on the Tramways under the authority of this Order but the Local Authority may if they think fit make bye-laws under the provisions of the said Act for restricting the rate of speed to a lower rate than that so prescribed. 27. All orders and bye-laws made and consents approvals and certificates given by the Board of Trade under the authority of this Order shall be signed by a Secretary or an Assistant Secretary of the Board of Trade and when purporting to be so signed the same shall be deemed to have been duly made or given in accordance with the provisions of this Order and may be proved in manner provided by the Documentary Evidence Act 1868 with respect to orders and regulations. 28. The following provisions shall apply to the use by the Promoters of electric power upon any of the Tramways unless such power is entirely contained in and carried along with the carriages : — Provisional Ordeb, 1896. 17 (1) The Promoters shall employ either insulated returns or uninsulated metallic returns of low resistance. (2) The Promoters shall take all reasonable precautions in constructing placing and maintaining their electric lines and circuits and other works of all descriptions and also in working their undertaking so as not injuriously to affect by fusion or electrolytic action any gas or water pipes or other metalHc pipes structures or substances. (3) The powers by this Order conferred with respect to the use of electric power shall be exercised only in accordance with the regulations to be prescribed by the Board of Trade (hereinafter referred to as "the pre- scribed regulations ") and to any regulations which may be added thereto or substituted therefor respectively by any Order which the Board of Trade may and which they are hereby empowered to make from time to time as or when they may think fit for regulating the employment of insulated returns or of uninsulated metallic returns of low resistance for preventing fusion or injurious electrolytic action of or on gas or water pipes or other metallic pipes structures or substances and for minimising as far as is reasonably practicable injurious interference with the electric wires lines and apparatus of other parties and the currents therein whether such lines do or do not use the earth as a return. (4) If the Promoters use electric power contrary to the provisions of this Order or to any of the prescribed regulations or to any regulation added thereto or substituted therefor by any order made by the Board of Trade under the authority of this Order they shall for every such offence be subject to a penalty not exceeding ten pounds and also in the case of a continuing offence to a further penalty not exceeding five pounds for every day during which such offence continues after conviction thereof Provided always that whether any such penalty has been recovered or not the Board of Trade if in their opinion the Pro- 18 PKO^^sI0NAIi Order, 1896. moters in the use ot electric power under the authority of this Order have made default iu complying with the provisions of this Order or with any of the prescribed regulations or with any regulations which may have been added thereto or substituted therefor as aforesaid may by order direct the Promoters to cease to use electric power and thereupon tlie Promoters shall cease to use electric power and shall not again use the same unless with the authority of the Board of Trade and in every such case the Board of Trade shall make a special report to Parliament notifying the making of such Order. (5) The Promoters shall take all reasonable and proper precautions in constructing placing and maintaining their electric lines circuits and other works ot any description and in using their electric lines circuits and other works so as not injuriously to interfere with the working of any wire Hue or apparatus from time to time used for the purpose of transmitting electric power or of telegraphic telephonic or electric signaUing commu- nication or the currents in such wire line or apparatus. Provided always that the Promoters shaU be deemed to take all such reasonable and proper precautions as aforesaid if and so long as they adopt and employ at the option of the Promoters either such insulated returns or such uninsulated metallic returns of low resistance and such other means of preventing injurious interference with the electric wires lines and apparatus of other parties and the currents therein as the Board of Trade shall direct and in giving such directions the Board shall have regard to the expense involved and to the effect tliereof upon the commercial prospects of the undertaking Provided also that at the expiration of a period of two years from the passing of the Act confirming this Order nothing in this subsection shall operate to give any right of action in respect of or to protect any electric wires lines or apparatus or the currents therein unless in the construction erection maintaining and working of such wires lines and apparatus ail reasonable and proper precautions Provisional Okder, 1896. 19 including the use of an insulated return have been taken to prevent injurious interference therewith and with the currents therein by or from other electric currents If any difference arises between the Promoters and any other party with respact to anything in tliis subsection contained such difference shall unless the parties otherwise agree be determined by the Board of Trade or at the option of the Board by an arbitrator to be appointed by the Board and the costs of such determination shall be in the discretion of the Board or of the arbitrator as the case may be. (6) Nothing in this section shall apply to the use of any electric line circuit or work of any company corporation or person authorised by Act of Parliament or Provisional Order confirmed by Parliament to supply energy for electric lighting purposes so far as such use is limited to such purposes. (7) The expression "the Promoters" in this section shall include their lessees and the licensees and any company or person owning or using any Tramway of the Promoters. 29. In the event of any of the tramways being worked by ForprotecUon electricity the following provisions shall have effect : — (1) The Promoters shall construct their electric lines and other works of all descriptions and shall work their undertaking in all respects with due regard to the telegraphic lines from time to time used or intended to be used by Her Majesty's Postmaster-General and the currents in such telegraphic lines and shall use every reasonable means in the construction of their electric lines and other works of all descriptions and the working of their undertaking to prevent injurious affection whether by induction or otherwise to such telegraphic lines or the currents therein If any question arises as to whether the Promoters have constructed their electric lines or other works or worked their undertaking in contravention of this subsection such question shall be determined bj' arbitration and the Promoters shall be bound to make any alteration Postmaster General. 20 Provisional Obdeb, 1896. in or addition to their system which may be directed by the arbitrator. (2) If any telegraphic line of the Postmaster-General is injuriously affected by the construction by the Promoters of their electric lines and works or by the working of the undertaking of the Promoters the Promoters shall pay the expense of all such alterations in the telegraphic lines of the Postmaster-General as may be necessary to remedy such injurious affection. (3) (n) Before any electric line is laid down or any act or work for working the Tramways by electricity is done within ten yards of any part of a telegraphic line of the Postmaster-General (other than repairs or the laying of lines crossing the line of the Postmaster-General at right angles at the point of shortest distance and so continuing for a distance of six feet on each side of such point) the Promoters or their agents not more than twenty-eight nor less than fourteen days before commencing the work shall give written notice to the Postmaster-General specifying the course of tlie line and nature of the work including the gauge of any wire and the Promoters and their agents shall conform with such reasonable recjuiremeuts (either general or special) as may from time to time be made by the Postmaster-General for the purpose of preventing any telegraphic line of the Postmaster-General from being injuriously affected by the said act or work. {b) Any difference which arises between the Postmaster- General and the Promoters or their agents with respect to any requirements so made shall be determined by arbitration. (4) In the event of any contravention of or wilful non- compliance with this section by the Promoters or their Agents the Promoters shall be liable to a fine not exceeding ten pounds for every day during which such contravention or non-compliance continues or if the telegraphic communication is wilfully interrupted not exceeding fifty pounds for every day on which such interruption continues. Provisional Ordeb, 1896. 21 (5) Provided that nothing in this section shall subject the Promoters or their agents to a fine under this section if they satisfy the court having cognizance of the case that the immediate doing of the act or execution of the work was required to avoid an accident or otherwise was a work of emergency and that they forth^\'ith served on the postmaster or sub-postmaster of the postal telegraph ofiice nearest to the place where the act or work was done a notice of the execution thereof stating the reasons for doing or executing the same without previous notice. (6) For the purposes of this section a telegraphic line of the Postmaster-General shall be deemed to be injuriously affected by an act or work if telegraphic communication by means of such line is whether through induction or otherwise in any manner affected by such act or work or by any use made of such work. (7) For the purposes of this section and subject as therein provided sections two eight nine ten eleven and twelve of the Telegraph Act 1878 shall be deemed to be incorporated with this Order as if the Promoters were undertakers within the meaning of those sections without prejudice nevertheless to any operation which the other sections of the said Act would have had if this section had not been enacted and in particular nothing in this section shall be deemed to exclude the provisions of section seven of the Telegraph Act 1878 in relation to the matters mentioned in that section. (8) The expression "electric line " has the same meaning in this section as in the Electric Lighting Act 1882. (9) Any question or difference arising under this section which is directed to be determined by arbitration shall be deternjined by an arbitrator appointed by the Board of Trade on the application of either party whose decision shall be final and sections thirty to thirty-two both inclusive of the Regulation of Railways Act 1868 shall apply in like manner as if the Promoters or their agents were a company within the meaning of that Act. 82 Pbovisional Okdeb, 1896. Promoter* not to carry good*. Interchange of tmffic. Toll* for pa-KcnKfr" Ai t» fares on Hunilayi nml h'iliil»r«. fntsr-nf^ri (10) Nothing in this section contained shall 'be held to deprive the Postmaster-General of any existing right to proceed against the Promoters by indictment action or otherwise in relation to any matters aforesaid. (11) In this section the expression "the Promoters" includes their lessees and any person owning working or running carriage's on any of the Tramways of the Promoters. Traffic. 30. The Tramways shall be used exclusively for passenger traffic and for the conveyance of parcels. 31. The Promoters or their Lessees on the one hand and any company or person owning or lawfully working or using any Tramways on the other hand may enter into and fulfil contracts and agreements for and in relation to the interchange accommoda- tion and forwarding of carriages passengers and traffic on from or to any of such Tramways on to or from the Tram\va3's or any of them and for and in relation to the user by the contracting parties or any or either of theiu of the whole or any part of their respective Tramway undertakings or of any or either of them respectively. Tolls. 32. The Promoters if licensed to work the Tramways or their Lessees may demand and take for every passenger travelling upon any of the Tramways or any partT)r parts thereof respectively including tolls for the use of the Tramways and of carriages and for moti\^ power and every other expense incidental to such conveyance any tolls or charges not exceeding the following (that is to say) — For every person conveyed for any distance not exceeding two miles twopence and for any distance beyond two miles for every mile or portion of a mile one penny. 83. It shall not be lawful for the Promoters or their Lessees to take or demand on Sunday or on any Bank or other Public Holiday any higher rates or uharges than those levied by them OP ordinary week days. 34. Every passenger travelling upon the Tramways may take with him his personal luggage not exceeding twenty-eight pounds in weight without any charge being made for the carriage thereof. Pbotisional Order, 1896. 23 35. The Promoters at all times after the opening of the Tramways or any part or parts thereof for public traffic shall and they are hereby required to run at least one carriage or more if required each way every morning in the week and every evening in the week (Sundays Christmas Day and Good Friday always excepted) at such hours not being later than seven in the morning or earlier than half-past five in the evening respectively as the Promoters think convenient for artisans mechanics and daily labourers at fares not exceeding one penny for the journey from any point on one Tramway to any point either on the same or any other Tramway Provided that in case of any complaint made to the Board of Trade of the hours appointed by the Promoters for the running of such carriages or the number of passengers carried the said Board shall have power to fix and regulate the same from time to time. 36. The Promoters may demand and take in respect of any articles or things in small parcels conveyed by them upon the Tramways or any of them including tolls for the use of the Tramways and for carriages and motive power and every other expense incidental to such conveyance any tolls or charges not exceeding the rates specified in the second schedule to this Order annexed and the word "journey " wherever used in this Order or the said second schedule shall mean the distance traversed in the same direction upon the Tramways or any of them or any part thereof at any time. 37. The tolls and charges by this Order authorised shall be paid to such persons and at such places upon or near to the Tramways and in such manner and under such regulations as the Promoters may by notice to be annexed to the list of tolls from time to time appoint. Miscellaneoun. 38. Notwithstanding anything contained in the Tramways Act 1870 or this Order the Promoters may place and run carriages on and work and use any Tramways for the time being belonging to them and may provide such plant materials and things as may be requisite or convenient therefor and in such case the provisions of this Order relating to the working of the said Tramways and the taking of tolls rates and charges therefor shall so far as they are applicable extend and apply mutatis mutandis to and in relation to the Promoters. 24 Pboyisicjsal Oavkiii, 1590. 39. The Promoters may under and according to the provisions contained in section twenty ot the Tramways Act 1870 borrow for the purposes of this Order any sum or sums of money not exceeding in the whole the sum of three hundred thousand pounds and the time for which the said sum of three hundred thousand pounds may be borrowed shall be thirty years. 40. Where under the provisions of the Tramways Act 1870 and this Order any matter in difference is referred to the arbitration of any person nominated by the Board of Trade the provisions of the Arbitration Act 1889 shall except where other- wise specially provided apply to every such arbitration and the decision of the arbitrator shall be final and conclusive and binding on all parties and the costs of and incidental to the arbitration and award shall if either party so require be taxed and settled as between the parties by any one of the taxing masters of the High Court and such fees may be taken in respect of the taxation as may be fixed in pursuance of the enactments relating to the fees to be demanded and taken in the offices of such masters and all those enactments including the enactments relating to the taking of fees by means of stamps shall extend to the fees in respect of the said taxation. 41. With respect to notices and to the delivery thereof by or to the Promoters the following provisions shall have effect (that is to say) : — (1) Every notice shall be in writing or print or partly in writing and partly in print and if given by the Promoters shall be signed by the Town Clerk and if given by any Company or by any Local Authority or Road Authority by their Secretary or Clerk. (2) Any notice to be delivered by or to the Promoters to or by any Local Authority or any Hoad Authority or other body or any company may be delivered by being left at the principal oflice of such Authority body or Company or at the Town Hall in the Borough as the case may be or by being sent by post in a registered letter addressed to their respective clerk or secretary at their principal office or to the Town Clerk at the Town Hall. Provisional ObpeKj 1896. 25 42. Section 265 (Protection of Local Authority and their oflScers from personal liability) of the Public Health Act 1875 is hereby incorporated with this Order and in construing that section for the purposes of this Order the expression " this Act " when used in that section shall mean this Order. 43. The Order of 1872 the Act of 1875 and the Order of 1877 shall be applicable in all respects to the existing Tramways until they are relaid or superseded by the Tramways by this Order authorised as the case may be and on and from the opening of the Tramways for public traffic the same shall be subject only to the provisions of this Order and the Order of 1872 the Act of 1875 and the Order of 1877 shall be and they are hereby repealed. 44. The agreement between the Company and the Promoters set out in the third Schedule hereto annexed shall be and the same is hereby confirmed and full effect may and shall be given thereto. 45. Notwithstanding anything in this Order contained the Promoters Lessees and any person using the said Tramways shall be subject and liable to the provisions of any general Act now in force or which may hereafter be passed during this or any future session of Parliament relating to Tramways or by which any tax or duty may be granted or imposed for or in respect of Tramways or the passengers or traffic conveyed thereon and to any future revision or alteration under the authority of Parliament of the maximum rates of tolls or charges authorised to be charged in respect of the use of the said Tramways or any of them and to any condition regulation or restriction which may be imposed upon the use of Tramways or upon the use on Tramways of animal power steam power or any mechanical power by any such general Act as aforesaid. 46. The costs charges and expenses of applying for and obtaining this Order shall be paid by the Promoters. Costs of Order. 26 PBoviaioNAL Oia>EH, Ib'JG. SCHEDULES. FIRST SCHEDULE. ilver}' engine used on the Tramways shall be fitted with such mechanical apphances for preventing the motive power of such engine from operating and for bringing such engine and any carriage drawn or propelled by such engine to a stand as the Board of Trade may from time to time think sufficient. Every engine used on the Tramways shall have its number shown in some conspicuous part thereof and shall be fitted : — With an indicator by means of which the speed shall be shown. With a suitable fender to push aside obstructions. With a special bell whistle or other apparatus to be sounded as a warning when necessary and Witli a seat for the driver of such engine so placed in front of such engine as to command the fullest possible view of the road before him. Every such engine shall be free from noise produced by blast or clatter of machinery and the machinery shall be concealed from view at all points above four inches from the level of the rails and all fire used on such engine shall be concealed from view. Every carriage used on the Tramways shall be so constructed as to provide for the safety of passengers and for their safe entrance to exit from and accommodation in such carriage and their protection from the mfichincry of any engine used for drawing or propelling such carriage. The Board of Trade shall on the application of the Promoters and may on complaint made by any person from time to time inspect any engine or carriage used on the Tramways and the machinery therein and may whenever they think fit prohibit the use on the Tramways of any such engine or carriage which in their opinion may not be safe for use on the Tramways. The speed at which engines and carriages may be driven or propelled along the Tramways shall not exceed the rate of eight miles an hour. The speed at which engines and carriages may pass through movable facing points shall not exceed the rate of four miles an hour. Provisional Order, 1896. 27 SECOND SCHEDULE. EATES FOE CONVEYANCE OF PAECELS. Small Parcels. For any parcel not exceeding seven pounds in weight threepence per journey. For any parcel exceeding seven pounds and not exceeding fourteen pounds in weight fivepeuce per journey. For any parcel exceeding fourteen pounds and not exceeding twenty-eight pounds in weight sevenpence per journey. For any parcel exceeding twenty-eight pounds and not exceeding fifty-six pounds in weight ninepence per journey. THIED SCHEDULE. AN AOEEEMENT made the First day of August 1895 BETWEEN The Hull Street Tramways Company (hereinafter called "the Company") acting by William Parker Burkinshaw of the Borough of Kingston-upon-HuU the Official Liquidator and Manager and Eeceiver thereof of the one part and The Mayor Aldermen and Burgesses of the said Borough of Ivingston-upon- HuU (hereinafter called " the Corporation ") of the other part WHEEEAS the Company were incorporated by the Hull Street Tramways Act 1875 for the purposes and with the powers and subject to the provisoes and stipulations therein contained and such purposes powers provisoes and stipulations have from time to time been extended or varied by various Acts of Parliament and Orders of the Board of Trade AND WHEEEAS by an Order of the Chancery Division of the High Court of Justice dated the 30th day of November 1889 it was ordered that the Company should be wound up by the Court and by an Order of the said Chancery Division dated the 16th day of January 1890 the said 28 Pbovisional Obder, 1896. William Parker Burkinshaw was appointed the Official Liquidator of the Coinpauy AND WllEHEAS by au Order of the said Chancery Division dated the 28th day of January 1890 the said William Parker Burkinshaw was appointed Manager and Receiver of the undertaking of the Company NOW IT IS HEREBY AGREED as follows :— 1. The Company shall sell and the Corporation shall purchase for the sum of i;l2,500 the whole of the tramways and undertaking of the Company and all the rights powers and authorities of the Company in respect thereof together with the inheritance in fee simple in possession free from incumbrances of and in the freehold pieces of land situate respectively on the Beverley Road the Hessle Road and the Holderness Road in the said Borough of Kingston-upon-Hull with the stables depots offices workshops granaries and buildings respectively erected thereon and all easements rights of way and other rights appurtenant or necessary thereto or hitherto exercised or enjoyed therewith and which said pieces of land contain respectively on the Beverley Road 1430 square yards on the Hessle Road 1805 square yards and on the Holderness Road 680 square yards or thereabouts but not including the horses cars and harness of the Company and not including the articles mentioned in the Schedule hereto all of which are expressly excepted from this Agreement. The premises hereby agreed to be sold are hereinafter referred to as "the under- taking" and are sold subject to all easements (if any) subsisting thereon. 2. If the Corporation shall on or before the 15th day of October 1895 give to the Company notice of their desire to complete the purchase on the 15th day of November 1895 the purchase money shall be paid into Court and the purchase shall be completed on the said 16th day of November 1895 but if not the purchase money shall be paid into Court and the purchase shall be completed on the 15th day of October 1896 and the Company and ail other necessary parties (if any) shall execute and do such assurances and things as may be reasonably recpiired for vesting the undertaking in the Corporation and giving them the full benefit of this Agreement. The Company shall obtain without expense to the Corporation the necessary order or direction for the payment of the said money into Court. Provisional Order, 1896. 29 3. On the payment of the said purchase money the Corporation shall be let into possession of the whole of the under- taking except the said stables and depots on the Beverley Hessle and Holderness Eoads and possession of the said stables and depots shall be given to the Corporation within one calendar month from the date of such payment as aforesaid. 4. The Company shall be entitled to the receij^ts and profits of the undertaking and shall continue to exercise the rights powers and authorities of and to be subject to all obligations and liabilities as owners and promoters of the undertaking up to the date of the payment of the said purchase money. 5. Subject to the provisions contained in the next clause the Company shall up to the date of the payment of the said purchase money run upon the said tramways a similar service of cars to that heretofore run by them and the Corporation shall maintain the roadway and rails of the said tramways in such a fair and reasonable condition as will enable the Company to comply with this clause. Provided always that the Corporation shall not be liable for any accidents or damage which may occur either to the Company or to any body or persons by or by reason or in consequence of the non-repair or defective state of the said roadway or rails. 6. The Corporation may exercise all the powers and authorities of the Company with reference to the maintenance and repair of the said Tramw'ays the re-construction thereof and the construction of crossings passing places sidings and junctions. The Corporation may also construct any tramways authorised or to be authorised before the date of the payment of the said purchase money. For the purposes of exercising the powers authorities and rights referred to in this clause the Corporation may so far as may be reasonably necessary interfere with and wholly or partially suspend the traffic on the said tramways without paying to the Company any compensation in respect of the same. Provided always that the Corporation shall not wholly suspend the traffic on any of the said tramways for more than three days in every or any month except in the case of the Hessle Koad and Holderness Road Tramways where they shall be at liberty to wholly suspend the traffic for such time as they may think requisite on giving to the Company fourteen days previous notice of their intention so to do. 80 Provisional Ordeb, 1896. Provided further that such respective suspensions of traffic as aforesaid shall not take place ou mure than one of tlie Anlaby Road Spring Bank and Beverley Road Tramways at the same time nor on both the Hessle Road and Holderness Road Tramways at the same time. 7. The Company will transfer to the Corporation the benefit of fxistiiig Fire Insurance Policies and will repair the buildings which have been damaged by the recent lire. 8. If the Corporation shall on or before the 15th day of August lH!i6 give to the Company notice of their desire to purchase all or an}- of the articles mentioned in the said schedule the Corporation shall be at liberty to purchase such as shall be in the possession of the Company at the time of giving such notice at such a price as may be mutually agreed upon between tlie Company and the Corporation or failing agreement as shall be determined by a Valuer to be agreed upon or to be appointed by the Board of Trade. 9. The Company shall within one calendar month from the date hereof deliver to the Town Clerk an abstract of their title to the undertaking. 10. This Agreement is conditional on the sanction of the Judge being obtained thereto on or before the expiration of three calendar months from tlie date hereof and the Oflicial Liquidator shall without expense to the Corporation forthwith apply for such sanction and the Corporation shall if required by the Official Liquidator appear and consent to an Order accordingly. And if such sanction is not obtained within the time hereinbefore limited for such purpose this Agreement shall be void. 11. This Agreement is also subject to the consent of the Board of Trade. In Witness whereof the Company and the Corporation have hereunto affixed their respective Common Seals the day and year first before written. THE SCHEDULE. Gas engine Shafting and Belting Sand spreader Provisional Ordee, 1896. 31 Bullies Carts Whitechapel carts Wheelbarrows Corn crushers Hay cutter Hoisting machine Grindstone Drilling machine Shop stove in harness maker's room Benches Tar Boilers Portable boiler Hot water apparatus and pipes at Hessle Eoad depot Bales Water troughs and feed tubs Corn bins Gas fittings Bellows and anvils Loose tools Loose stable utensils Fodder Materials for repairs Stores THE COMMON SEAL of the Company was affixed hereto in the presence of / 3e»l of \ \ Company. / WM. HODGSON, Solicitor, Hull. W. P. BUEKINSHAW, Official Liquidator. THE COMMON SEAL of the Corporation was affixed hereto in the presence of E. HILL DAWE, Town Clerk. iisriDEx:_ TEAMWAYS OEDEE 1896. ACTS, Incorporation of, 1 S 2 AGREEMENT between Company and Promoters, Confirmation of, 25 S 44. contained in Third Schedule, 27. ARBITRATION, any difference betwreu Post-master General and Promoters, to lie determined by, 20 S 29 (3) (b). provisions as to, 24 S 40. in regard to Whitefriargate Bridge, 11 S 13 (6). ARBITRATOR to be appointed by Board of Trade, to determine any difference between Postmaster General and Promoters, 21 S 29 (9). BOARD OF TRADE, Byelaws, Orders, &o. made by, to be signed by a Secretary or an Assistant Secretary, 16 S 27. certificate of, to be given before Tramways opened, 13 S 20. may give consent to form of mechanical or electrical power to be used for carriages, subject to regulations, 14 S 21. make and rescind byelaws, 15 S 24. prohibit use of any engine or carriage wliich they consider unsafe, 20, First Schedule, upon complaint being made to them, fix hours for running carriages for labouring classes ,iuortion of n mile one penny, 22 S 32. on Sundays and on Bank or other public holidays not to exceed those levied on ordinary weck-doys, 22 S 83. 0A8 AND WATER PIPES not to be injuriously affected by fusion or electrolytic action, 17 S 28 (2). OAUOE OF TRAMWAYS to be 4 f^t 8\ inches, or such lesser gauge as the Board of Trade may prescribe, 8 S 9. GOODS not to be carrieil nii tramways, only parcels, 22 S 30. INCOUPUIIATION (IF ACTS, 1 S 2. Section 265 (Pmtectiim of Local Authority and their ofTicers from iK-rsonal liability) of the I'ublir ll.allh Act, 1875, 25 S 42. Sections 2. 8, 'J, 10, II and 12 r,f the Telegraph Act, 1878, 21 f^ 29 (1). Ihdu. 85 INJURY TO RAILWAY WORKS by Promoters' works to be made good by Promoters at their own expense, or, in event of failure, Railway Company may make same good and recover expense, 10 S 13 (3). INSULATED RETURNS or uninsulated metallic returns of low resistance to be used if electric power not entirely contained in carriages is used, 17 S 28 (1). INTERCHANGE OF TRAFFIC, 22 S 31. INTERPRETATION, 1 S 3. JOURNEY, definition of, 23 S 36. LABOURING CLASSES, cLeap fares for, i.e., one penny from any point on one tramway to any point either on same or any other tramway, 23 S 35. hours appointed by Promoters for running of carriages for, &c., may be fixed by Board of Trade upon complaint being made to the Board, 23 S 35. Promoters required to run for, at least one carriage (or more if required) each way every morning in the week and every evening in the week (Sundays, Christmas Day and Good Friday excepted) not later than 7 in the morning or earlier than 5-30 in the evening, 23 S 35. LANDS, Promoters may appropriate and use, for purposes of undertaking, 2 S 5. Promoters may by agreement purchase, lease and acquire, 2 S 5. erect or construct offices, stables, sheds, &c., on, 2 S 5. sell, let, or dispose of, 2 S 6. not to hold more than fire acres of, 2 S 5. LEVEL CROSSINGS, maintenance of roadway, &c., by Promoters at, 9 S 13 (1). Railway Company may recover cost of repairing roadway, &c. at, in case of default by Promoters, 9 S 13 (1). traffic of Railway Company not to be obstructed at, 9 S 13 (2). to have precedence of traffic of Promoters at, who shall be subject to such rules and byelaws relating thereto as shall be agreed, 10 S 13 (2). LUGGAGE, passengers' personal, not exceeding 28 pounds in weight, may be taken with them without extra charge, 22 S 34. MAINTENANCE by Promoters at railway level crossings of roadway between rails of tramways, and so much of the road as extends 18 inches beyond the rails of and on each side of tramways, 9 S 13 (1). MATERIALS excavated in construction of works to vest in Promoters. 13 S 19. MOTIVE POWER, fonu of, other than animal power, subject to consent of Board of Trade and Regulations, 14 S 21. NORTH EASTERN RAILWAY COMPANY, protection of, 9 S 13. NOTICE to be given Postmaster General specifying course of electric line if within ten yards of any part of a telegraphic line, 20 S 29 (3 (a) ). NOTICES, form and delivery of, 24 S 41. NUISANCE, if caused, Promoters not to be exonerated from action 2 8 5. OFFICES, Ac, Pn.moters may erect. 2 S 5. ORDER, costs of. 25 S 46. ORDER;> AXU BYEL.VWS. &c., made by B...ir.l of Trade t.. U- sipnod by a Secretary or Assistant Secretarj-. 16 S 27. OWNER OU (JCCrPIER may .ibjcct to any rail for a distance of 3U feet or upwards being so laid that a lesa space than 9 feet 6 inches intervenes between rail and outside of footpath, 13 8 17. PARISHES AND TOWNSHIPS through which tramways to pass, 7 S 6. PASSENGERS may take personal luggage with them not exceeding 28 {lounds in weight without e.xtra charge, 22 S 34. PAYMENT OF TOLLS AND CHARGES to be made to such persons, 4c., as the Promoters may by notice apjtoint, 23 S 37. PENALTIES, recovery of, 16 6 25. PENALTY for contravention of section 29 for protection of the Postmaster General, 20 S 29 (4). for not maintaining rails in good condition, 11 S 14. using electric power contrary to provisions of order, or of prescribed regulations, 17 8 28 (4). using steam, cable, electrical or mechanical power, contrary to order or regula- tions, 15 S 23. under section 29 not to be imposed if Court satisfied that work was one of emergency and notice served on local Postmaster, 21 S 29 (5). PIPES, Ac. under docks or locks of Railway Company, North Eastern Railway (Hull Docks) Act, 1893, section 30, sub-section 14, to apply to, 10 S 13 (4). PLAN of poles, wires, Ac, to be approved by Board of Trade, 14 S 22. of tramways proposed to be laid across railway lines to be agreed upon, 9 S IS showing proposed mode of constnicting and renewing, Ac, tramways, to be laid before Board of Trade, 8 8 10. POLES, WIRES, Ac, power to place, subject to approval by Board of Trade, 14 U 22. POSTMASTER-GENERAL and Promoters, any .liflerence l^tween, to »x> determined by arbitration, 20 8 29 (8 (b) ). may proceo*7 ^ made when necessary, 13 S 18. Indbx. 89 WAITING ROOM, Promoters may erect, 2 S 5. WATER-PIPES, gas-pipes, &o., not to be injuriously afifected by fusion or electrolytic action, 17 S 28 (2). WHITEFRIARGATE and Silver Street, provisions as to tramways in, 7 S 7. BRIDGE, any difference between Company and Promoters to be settled by referee to be appointed by Board of Trade, 11 S 13 (fi). conditions to be observed by Promoters in crossing, 10 8 13 (5). laying down and repairs of tramways on, to be done under superintendence and to reasonable satisfaction of Railway Company's Engineer, 10 S 13 (5 (b) ). passing of vessels through to have precedence of traffic of Promoters, 11 S 13 (5(d)). Promoters as owners of tramways to have no ownership, &c., in, other than easement of laying and maintaining tramways, 10 S 13 (5 (a) ). Promoters upon notice from Railway Company to cease running carriages over, if bridge not sufficiently strong for traffic of Promoters, and Promoters may require Railway Company to reconstruct bridge, and Promoters to contribute proportion (not less than one-fourth or more than one-half) to be agreed or settled by an engineer to be appointed by Board of Trade, 11 S 13 (5 (e) ). Railway Company at liberty to stop traffic and passing of Promoters' carriages over, for opening and passage of vessels through, also for repairs at, 11 S 13 (5 (c) ). WIRE, LINE (JR APPARATUS, Electric lines, &c., not to injuriously interfere with, 18 S 28 (5). WIRES, POLES, &c., power to place, subject to approval of Board of Trade, 14 S 22. WORKING OF TRAMWAYS by Corporation, 23 S 38. steam cable, electrical or mechanical power, 12 S 15. WORKSHOPS, Promoters may erect, 2 S 5. ^'D 0/793 >'D 0179, o UNIVERSITY OF CAUFORNIA LIBRARY .-' ■■.-.v.S •%t ;k-:^ -<•-.