:k- ./iiyd^ijiM;,, m • . 1 THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES /^ /yi-€€t^ct/^*'iy 'J^/^e^yi^e^cc- =ZiXM/9'^> ^/^c^. %. V, f^yf-'C^. LOCAL ACTS. Acts of Parliament AND Provisional Orders RELATING TO WALLASEY. 1809- 1899. IJVKRI'OfH.: C. Tim. INC. & Co., I'kin ii.k.s, 55, Victoria .Strkkt. 1899. PEEFACE. This volume contains a compilation of the Acts of Parlia- ment and Provisional Orders relating to Wallasey at present in force, together with the Liscard and Wallasey Inclosure Acts and the Awards of the Commissioner appointed by the authority of those statutes. Local Government in the district dates fi'om the passing of the Wallasey Improvement Act, 1845, which provided, inter alia, for "paving, lighting, watching, cleansing, and otherwise improving " the parish. For the purpose of administering that Act twenty-one Commissioners were appointed. These were superseded by a Local Board of Health, elected in pursu- ance of the Wallasey Order, 1852 (confirmed by the Public Health Supplemental Act, 1853). By this Order the Public Health Act, 1848, was applied to an enlarged area called the Wallasey District, which was comprised within the jurisdiction of the Local Board. The Public Health Act, 1875, which repealed that of 1848, consolidated and amended the laws relating to public health in England. For the purposes of that statute the area of the Local Board's jurisdiction was further extended, the "Wallasey Order (No. 2) 1877," declaring that " all that part of the Parish of Wallasey which is com- prised in the Ptural Sanitary District of the Birkcniiead Union shall l)e included in and shall be deemed to form part of the Local Government District of Wallasey." 629839 vi. PEEFACE. The Wallasey Local Board was succeeded by the Wallasey Urban District Council, which was elected in pursuance of the Local Government Act, 1894, Urban Sanitary Authorities becom- ing by the operation of that statute "Urban District Councils." In addition to the duties which are common to all Municipal bodies, the Wallasey Urban District Council, by virtue of its statutory powers, has the administration, control, and working of ferries, and of gas, water, and electric lighting undertakings. These powers are set out in the ensuing pages. Where provisions have been amended, or qualified by later enactments, explanatory notes have been appended, and those which have been expressly repealed have been omitted. I am indebted to Mr. H. W. Cook, Clerk and Solicitor to the Council, for useful advice and suggestions. J. W. ROSS BROWN. Stephenson Chambers, Liverpool, March 80th, 1899. CONTENTS. by the Public Health PAGE. 1 12 . 46 . 144 the Local Government the Local Government Chronological Table... The Liscard Inclosure Act, 1809 ... The Wallasey and West Kirby Inclosm-e Act, 1814 The Wallasey Improvement Act, 1845 The Wallasey Order, 1852 (confirmed Supplemental Act, 1853, No. 1) The Wallasey Improvement Act, 1858 The Wallasey Improvement Act, 1861 The Wallasey Order, 1863 (confirmed by Supplemental Act, 1863, No. 2) The Wallasey Improvement Act, 1864 The Wallasey Improvement Act, 1867 The Wallasey Order, 1870 (confirmed by Supplemental Act, 1870) The Wallasey Improvement Act, 1872 The Wallasey Order, 1876 (confirmed by the Local Government Board's Provisional Orders Confirmation (Birmingham, &c.) Act, 1876 The Wallasey Order (No. 1) 1877 and The Wallasey Order (No. 2) 1877 (confirmed by the Local Government Board's Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877) 250 The Wallasey Order, 1878 (confirmed by the Local Government Board's Provisional Orders Confirmation (Bristol, &c.) Act, 1878) 253 The Wallasey Order, 1881 (confirmed ])y the Local Government Board's Provisional Orders Confirmation (Acton, &c.) Act, 1881) 256 The Wallasey Order, 1883 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 7) Act, 1883) 260 The Wallasey Order, 1888 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 4) Act, 1888) 268 The Wallasey Local Board Act, 1890 272 The Wallasey Order, 1892 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 12) Act, 1892) 301 158 165 187 193 196 212 230 233 243 246 viii. CONTENTS. PAGE. The Wallasey Order, 1894 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1894) 307 The Wallasey Order, 1895 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 1) Act, 1895) 309 The Wallasey Order, 1896 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 4) Act, 1896) 312 The Wallasey Urban District Council (Promenade) Act, 1896... 315 The Wallasey Electric Lighting Order, 1897 (confirmed by the Electric Lighting Orders Confirmation (No. 6) Act, 1897) .. 335 The Wallasey Order, 1897 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1897) 368 The Wallasey Order, 1898 (confirmed by the Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1898) 374 The Wallasey Tramways and Improvements Act, 1899 377 CHEONOLOGICAL TABLE. Statute, Chapter, Year. How repealed or otherwise affected. 49 Geo. Ill ch. 103. (1809). An Act for Inclosing Waste Lands in the Township of Liscard, in the Parish of Wallasey. 54 Geo. Ill, ch. 87. (1814). An Act for Inclosing Waste Lands in the Parishes of Wallasey and West Kirby . 8 Vict. ch. 6. (1845). The Wallasey Improve- ment Act, 1845. By the Wallasey Improvement Act, 1845, sec. 84, lands allotted under this Act for stone and marl, when exhausted, may be sold ; and by the Wallasey Improve- ment Act, 1858, sec. 68, and the Wallasey Improvement Act, 1864, sec. 20, may be either sold, let, exchanged, or otherwise appro- priated. Sec. 17. — Lands allotted for stone and marl, when exhausted, may be sold, let, exchanged or other- wise appropriated (Wallasey Im- provement Act, 1845, sec. 84 ; Act of 1858, sec. 68, and Act of 1864, sec. 20). Sec. 23. — Sandhills left as pro- tection against sea, placed under control of Commissioners. (Wal- lasey Improvement Act, 1845, sec. 85). Sees. 1 to 5.— Eepealed by the Wallasey Order, 1852. Sees. 7 to 16. — Eepealed by the Wallasey Order, 1852. Sees. 18 to 62. — Eepealed by the Wallasey Order, 1852. Sec. 63. — Eepealed by theWallasey Order, 1870, art. 4. Sees. 64 to 68. — Eepealed by the Wallasey Order, 1852. Sec. 69. — Eepealed by theWallasey Order, 1870, art. 4. Sees. 70 to 83. — Eepealed by the Wallasey Order, 1852. Sec. 84.— Extended by the Wal- lasey Improvement Act, 1858, sec. 68, the Wallasey Improve- ment Act, 1864, sec. 20 ; and the Wallasey Order (No. 1), 1877, art. 1. Sec. 87 . — Power to hire and charter, the WaUasey Improvement Act, 1858, sec. 37. Sec. 89. — The limits were extended by the Wallasey Order, 1852, the Wallasey Order (No. 2), 1877, and the Wallasey Local Board Act, 1890, sec. 5. 3 CHRONOLOGICAL TABLE. Statute, Chapter, Year. Titles of Acts. How repealed or otherwise affected. 8 Vict. The Wallasey Improve- ch. 6. ment Act, 1845. (1845.) 'i Continued. Sees. 90 to 117.— Repealed by the Wallasey Order, 1852. Sec. 118. — Vide Wallasey Local Board Act, 1890, sec. 24. Sees. 119 to 141. — Repealed by the Wallasey Order, 1852. Sees. 143 to 152. — Repealed by the Wallasey Order, 1852. Sees. 157 to 165. — Repealed by the Wallasey Order, 1852. Sees. 166 to 171. — Repealed by the Wallasey Order, 1870, art. 4. Sees. 172 to 181. — Repealed by the Wallasey Order, 1852. Sees. 183 to 186.— Repealed by the Wallasey Order, 1852. Sees. 189 to 191.— Repealed by the Wallasey Order, 1852. Sees. 192 to 197.— Repealed by the Wallasey Order, 1870, art. 4. Sees. 199 to 235 —Repealed by the Wallasey Order, 1852. Sees. 236 and 237.— (So much as relates to drivers of hackney carriages), repealed by the Wal- lasey Order, 1852. Sees. 238 and 239.— Repealed by the Wallasey Order, 1852. Sec. 240. — (So much as relates to drivers of hackney carriages), repealed by the Wallasey Order, 1852. Sec. 241.— Repealed by the Wal- lasey Order, 1852. Sees. 242 and 243. — (So much as relates to drivers of hackney carriages), repealed by the Wal- lasey Order, 1852. Sec. 244.— Repealed by the Wal- lasey Order, 1852. Sec. 245. — In part repealed by the Wallasey Order, 1852. Sees. 247 to 250.— Repealed by the Wallasey Order, 1852. Sees. 252 to 255. — Repealed by the Wallasey Order, 1852. Sees. 258 to 277.— Repealed by the Wallasey Order, 1852. Sees. 278 to 280.— Repealed by the Wallasey Order, 1870, art. 4. Sees. 281 to 292.— Repealed by the Wallasey Order, 1852. CHRONOLOGICAL TABLE. Stcatute, Chapter, Year. Titles of Acts. How repealed or otherwise affected. 8 Vict. The Wallasey Improve- ch. 6. ment Act, 1845. (1845.) Continued. Sec. 293. — Repealed, with proviso, by the Wallasey Order, 1870, art. 1, which proviso was repealed by the Wallasey Improvement Act, 1872, sec. 20. Sees. 295 to 299.— Repealed by the Wallasey Order, 1852. Sees. 301 to 323.— Repealed by the Wallasey Order, 1852. Sees. 325 and 326. — ^Repealed by the Wallasey Order, 1852. Sec. 327. — Inclusion of "omni- bus" in definitions of "hackney cari'iage " and "carriage" re- pealed by the Wallasey Order, 1888, art. 4. Sec, 328.— Repealed by the Wal- lasey Order, 1852. The Wallasey Order, 1852, also repealed " so much of any unre- pealed part " of this Act " as fixes the amount of any penalty for any offence under the said Act, wherever the penalty for such offence is fixed by the Public Health Act, or any Act hereby incorporated therewith, or by any Byelaw of the Local Board of Health, at an amount other than that fixed by the said local Act." {Vide Schedule to the Wallasey Order, 1852.) The powers granted by the unre- pealed parts of this Act were by art. 9 of The Wallasey Order, 1852, transferred to a Local Board of Health, created in pursuance of the Public Health Act, 1848. By art. 11 of the same Order the unrepealed parts of the Act were incorporated with the said Public Health Act. The Pul)lic Health Act, 1848, was repealed by the Pubhc Health Act, 1875 (sec. 343 and sched.), which consolidated and amended the Acts relating to Public Health in England. CHRONOLOGICAL TABLE. Statute, Chapter, Year. 16 Vict. The Pubhc Health Supple- ch. 24. mental Act, 1853 (No. 1), 1853. confirming the Wallasey Order, 1852. 21 &22A^iet. The Wallasey Improvemeni ch. 63. ' Act, 1858. (1858). How repealed or otherwise affected. Order. — Art. 1. — The District was further extended by the Wallasey Order (No. 2), 1877; and the sea and river boundary is defined by sec. 5 of the Wallasey Local Board Act, 1890. Arts. 2 to 5. — The constitution and elections of Local Boards were subsequently governed by the Pubhc Health Act, 1875, which i^epealed the Public Health Act, 1848. Local Boards were super- seded by District Councils con- stituted under the Local Govern- ment Act, 1894. Sec. 11.— Part repealed by sec. 18 of the Wallasey Improvement Act, 1864. Sec. 22.— Altered by sec. 13 of the Wallasey Improvement Act, 1867. Sec. 23. — Altered by sec. 14 of the Wallasey Improvement Act, 1867. Sees. 39 and 40 — Power to alter Ferry tolls conferred by the Wallasey Improvement Act, 1864, sec. 16, tolls altered, Wallasey Improvement Act, 1867, sec. 20. Sees. 42 to 44 and sees. 46 to 50. — Incorporated with the Wallasey Improvement Act, 1867, by sec. 23 of that Act. Sec. 46. — Extended by sec. 26 of the Wallasey Improvement Act, 1867, and sec. 15 of the Wallasey Improvement Act, 1872. Sees. 52 to 59. — Applied to bye- law s under the Wallasey Improve- ment Act, 1867, by sec. 29 of that Act. Sec. 60. — Borrowing Powers ex- tended : — Water, Act of 1861, sec. 3; Order 1863; Order 1870, art. 6 ; Act of 1872, sec. 17. Gas, Act of 1861, sec. 3, Act of 1867, sec. 30; Order (No. 1), 1877, art. 2; Order 1883, art. 1; Order 1892, art. 2 ; Order 1896, art. 1 ; and Order 1898, art. 1. CHtlONOLOGlCAL TABLIi. Statute, Chapter, Year. 21&22Vict. ch. 63. (1858). Titles of Acts. TheWallaseylmprovement Act, 1858. Continued. 24 Vict. ch. 4. (1861). The Wallasey Improve- ment Act, 1861. How repealed or otherwise affected. Sec. 60 — Continued. Ferries, Act of 1861, sec. 3 ; Act of 1864, sec. 21; Act of 1872, sec. 17; Order (No. 1), 1877, art. 3; Order 1881, art. 1; Order 1883, art. 2 ; Order 1895, art. 1, and Order 1897, art. 1. Sec. 62. — Altered and amended by the Wallasey Order, 1883, art. 9. Sec. 68.~Extended by the Wal- lasey Improvement Act, 1864, sec. 20, and the Wallasey Order (No. 1), 1877, art. 1. Sees. 69 to 79. — Eepealed by the Wallasey Order, 1870, art. 3. As to repayment of moneys borrowed and sinking fund, vide the Wal- lasey Order, 1883, arts. 4 and 7. Sec. 2.— The Public Health Act, 1848, and the Local Government Act, 1858, were repealed by the Public Health Act, 1875, which consolidated and amended the Acts relating to public health. Sec. 3. — Borrowing powers ex- tended : — 1. Water: The Wallasey Order, 1863. The Wallasey Order, 1870, art. 6. The Wallasey Improvement Act, 1872, sec. 17. 2. Gas : The Wallasey Improve- ment Act, 1867, sec. 30. The Wallasey Order (No. 1), 1877, art. 2. The Wallasey Order, 1883. art. 1. The Wallasey Order, 1892 art. 2. The Wallasey Order, 1896, art. 1. The Wallasey Order, 1898, art. 1. 3. Ferries : The Wallasey Im- provement Act, 1864, sec. 21. The Wallasey Improvement Act, 1872, sec. 17. The Wallasey Order (No. 1), 1877, art. 3. CHRONOLOGICAL TABLE. Statute, Chapter, Year. 24 Vict, ch. 4. (1861). 26 & 27 Vict, ch. 64, (1863). Titles of Acts. The Wallasey Improve- ment Act, 1861. Continued. 27 & 28 Vict. ch. 117. (1864.) The Local Government Supplemental Act, 1863 (No. 2), confirming the Wallasey Order of 1863. How repealed or otherwise affected. The Wallasey Improve- ment Act, 1864. Sec. ^— Continued . The Wallasey Order, 1881, art. 1. The Wallasey Order, 1883, art 2. The Wallasey Order, 1895, art. 1. The Wallasey Order, 1897, art. 1. Sec. 5. — Altered and amended by The Wallasey Order, 1883, art. 9, Vide also arts. 4 and 7 of the same order for provisions as to repay- ment of loans and sinking fund. Order, art. 1. — Power to mortgage works and water rents as well as rates. The Wallasey Improve- ment Act, 1864, sec. 28. Bon-ow- ing powers extended by the Wallasey Order, 1870, art. 6 (i-epealed by the Wallasey Order, 1894, art. 1.) Sec. 2.— The Public Health Act, 1848, and the Local Government Act, 1858, repealed by the Public Health Act, 1875, and its pro- visions substituted (sec. 313). Sec. 16.- -Incorporated with the Wallasey Improvement Act, 1867 (sec. 23 of that Act). Sec. 20. — Extended powers by the Wallasey Order(No.l), 1877, art.l. Sec. 21. — x\s to application of moneys borrowed, repealed by the Wallasey Improvement Act, 1867, sec. 37. Further Borrowing Powers : Ferries — The Wallasey Improvement Act, 1872, sec. 17. The Wallasey Order (No. 1), 1877, art. 3. The Wallasey Order, 1881, art. 1. The Wallasey Order, 1883, art 2 The Wallasey Order, 1895, art. 1. The Wallasey Order, 1897, art. 1. CHEONOLOGICAL TABLE. Statute, Chapter, Year. Titles of Acts. How repealed or otherwise affected. 27 & 28 Vict.' The Wallasey Improve- ch. 117. meat Act, 1864. (1861). Continued. 30&31Vict. The Wallasey Improve- ch. 132. ment xAct, 1867. (1867). Sec. 22.— The Pubhc Health Act, 1848, and the Local Government Act, 1858, repealed by the Public Health Act, 1875 ; provisions substituted, sec. 313. Sec. 23. — Altered and amended by the Wallasey Order, 1883, art. 9. Sec. 25. — As to priority, vide the Wallasey Order, 1883, art. 9. Sees. 25 to 27. — ^Applied to mort- gages under the Wallasey Im- provement Act, 1867 ; vide sec. 33 of that Act. Sec. 27.— Eepealed by the Wal- lasey Order (No. 1), 1877, art. 4. Amended provisions for repay- ment, the Wallasey Order, 1883, arts. 4 to 8. Sec. 30. — Vide the Wallasey Local Board Act, 1890, sec. 26. Sec. 31. — Vide the Wallasey Local Board Act, 1890, sec. 35. Sec. 36. — Eepealed by the Wallasey Order, 1870, art. 5.' Sec. 9. — Altered and amended by The Wallasey Order (No. 1), 1877, art. 5, and The Wallasev Order, 1892, art. 1. Sec. 15. — Vide The Wallasey Local Board Act, 1890, sec. 70. Sec. 18.— Vide The Wallasey Local Board Act, 1890, sec. 72. Sec. 26.— Vide The Wallasey Improvement Act, 1858, sec. 46, and The Wallasey Improvement Act, 1872, sec. 15. Sec. 27.— Extended by The Wallasey Local Board Act, 1890, sec. 74. Sec. 28. — Extended to Seacombe Ferry, The Wallasey Improve- ment Act, 1872, sec. 14. Sec. 30. — Further Borrowing Powers — Gas : — The Wallasey Order (No. 1), 1877, art. 2. The Wallasey Order, 1883, art. 1. The Wallasey Order, 1892, art. 2. The Wallasey Order, 1896, art. 1. The Wallasey Order, 1898, art. 1. 8 CHEONOLOGICAL TABLE. Statute, Chapter, Year. Titles of Acts. How repealed or otherwise affected. 30 & 31 Vict. The Wallasey Improve- ch. 132. ment Act, 1867. (1867). i Continued. 33&34Vict. The Local Government ch. 114. Supplemental Act, 1870, (1870.) confirming The Wallasey Order, 1870. 35&36Vict. ch. 125. (1872). The Wallasey Improve- ment xAct, 1872. Sec. 31. — Altered and amended by The Wallasey Order, 1883, art. 9. Sec. 32.— The Public Health Act, 1848, and the Local Government Act, 1858, repealed by the Public Health Act, 1875. Sec. 33. — xAs to priority. The Wallasey Order, 1883, art. 9, and as to repayment and sinking fund, the same order, arts. 4 and 7. Sec. 38.--- -The Bankruptcy x\ct, 1861, repealed by the Bankruptcy Eepeal and Insolvent Court Act, 1869, sec. 20. As to priority of rates in bankruptcy, vide The Preferential Payments in Bank- ruptcy Act, 1888, sec. 1. Sec. 39.— The Nuisances Eemoval Act, 1855, repealed by the Public Health Act, 1875. Art. 2 of the Order repealed by the Wallasey Improvement Act, 1872, sec. 20. Art. 6. — Repealed (except so far as may have been acted upon or so far as relates to the repayment of money borrowed in pursuance thereof) by The Wallasey Order, 1894, art. 1. Sec. 15. — Vide the Wallasey Im- provement Act, 1858, sec. 46 ; the Wallasey Improvement Act, 1867, Sees. 26 & 27, and the Wal- lasey Local Board Act, 1890, sec. 74. Sec. 17.— Further Powers — Ferries The Wallasey Order (No. 1) 1877, art. 3. The Wallasey Order, 1881, art. 1. The Wallasey Order, 1883, art. 2. The Wallasey Order, 1895, art. 1. The Wallasey Order, 1897, art. 1. Sec. IQ.—V'idc the Wallasey Orders of 1881 and 1883. Sec. 19. — Altered and amended by the Wallasey Order, 1883, art. 9. Borrowing CHEONOLOGICAL TABLE. Statute, Chapter, Year. 35 & 36 Vict. ch. 125. (1872.) 39 & 40 Vict, ch. 202. (1876). 40 & 41 Vict, ch. 227. (1877). 41 Vict, ch. 8. (1878). Titles of Acts. The Wallasey Improve- ment Act, 1872. Continued. The Local Government Board's Provisional Or- ders Confirmation (Bir- mingham, &c.), Act, 1876, confirming the Wallasey Order of 1876. The Local Government Board's Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877, confirming The Wallasey Order (No. 1), 1877, and The Wallasey Order (No. 2), 1877. The Local Government Board's Provisional Orders Confirmation (Bristol, &c.) Act, 1878, confirming Tlie W^illasey Order, 1878. How repealed or otherwise affected. Sec. 21. — The Bankruptcy Act, 1869, repealed by the Bankruptcy Act, 1883, sec. 169. As to priority of "parochial or other rates " in ];)ankruptcy, vide the Preferential Payments in Bank- ruptcy Act, 1888, sec. 1, and the amended Act of 1897 (60 and 61 Vict., c. 19, sec. 1). Sec. 22. — Altered and amended by the Wallasey Order, 1883, art. 3. Order No. 1, art. 2.— Further Borrowing Powers. — Gas : The Wallasey Order, 1883, art. 1. The Wallasey Order, 1892, art. 2. The Wallasey Order, 1896, art. 1. The Wallasey Order, 1898, art. 1. Order No. 1, art. 3.— Further Borrowing Powers. — Ferries : The Wallasey Order, 1881, art. 1. The Wallasey Order, 1883, art. 2. The Wallasey Order, 1895, art. 1. The Wallasey Order, 1897, art. 1. Order No. 1, art. ^.— Vide The Wallasey Order, 1883, arts. 4 to 8. Order No. 1, art. 5. — Altered by The Wallasey Order, 1892, art. 1. Order No. 2, art. 3.— The Wal- lasey Improvement Act, 1858, also applied by The Wallasey Order, 1878, to the extended district. Sea and River boundary of district defined, The Wallasey Local Board Act, 1890, sec. 5. 10 CHEONOLOGICAL TABLE. Statute, Chapter, Year. 44&45Vict. ch. 162. (1881). The Local Government Board's Provisional Or- ders Contirmation (Acton, &c.),Act,l 881, confirming TheWallasey Order, 1881. 46&47Vict. ch. 137. (1883). 51&52Vict. ch. 62. (1888). 53&54Vict. ch. 121. (1890). 55 & 56 Vict, ch. 223. (1892). 57 Vict. ch. 20. (1894). The Local Government Board's Provisional Or- ders Contirmation (No. 7) Act, 1883, confirming The Wallasey Order, 1883. The Local Government Board's Provisional Or- ders Confirmation (No. 4), Act, 1888, confirming The WaUasey Order, 1888. The Wallasey Local Board Act, 1890. The Local Government Board's Provisional Orders Confirn;iation (No. 12) Act, 1892, confirming the Wallasey Order, 1892. The Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1894, confirming TheWallasey Order,1894. How repealed or otherwise affected. Order. -Art. 1. — Fm-ther Bor- rowing Powers — Ferries — The Wallasey Order, 1883, art. 2. The Wallasey Order, 1895, art. 1. The Wallasey Order, 1897, art. 1. Vide The Wallasey Order, 1883, arts. 4 to 8 ; provisions for repayment and sinking fund. Order. — Art. 1. — Further Bor- rowing Powers — Gas — The Wallasey Order, 1892, art. 2. The Wallasey Order, 1896, art. 1. The Wallasey Order, 1898, art 1. Further Borrowing Powers — Ferries — The Wallasey Order, 1895, art. 1. The Wallasey Order, 1897, art. 1. Sees. 38 to 55. — These sections are in general similar to the provis- ions contained in the adoptive " Private Street Works Act, 1892," sees. 5 to 21 (55 & 56 Vict. ch. 57). Sec. 75. -The Merchant Shipping Act Amendment Act, 1862, was repealed by the Merchant Ship- ping Act, 1894; vide now sec. 503 of the later statute (57 and 58 Vict. ch. 60). Order, art. 11 (sub. sec. 1). — Borrowing Powers — Gas : Exten- ded by The Wallasey Order, 1896, art. 1 ; The Wallasey Order, 1898, art. 1. CHRONOLOGICAL TABLE. 11 Statute, Chapter, Year. 58 & 59 Vict ch. 40. (1895). 59 Vict, ch. 29. (1896). 59 & 60 Vict ch. 209. (1896). 60 & 61 Vict, ch. 66. (1897). Titles of Acts. 60 & 61 Vict, ch. 68. (1897). 61 Vict, ch. 32. (1898). The Local Government Board's Provisional Orders Confirmation (No. 1) Act, 1895, contirming The Wallasey Order, 1895. The Local Government Board's Provisional Orders Confirmation (No. 4) Act, 1896, confirming TheWallasev Order, 1896. The Wallasey Urban Dis- trict Council ' Promenade) Act, 1896. The Electric Lighting Orders Confirmation (No. 6) Act, 1897, con- firming the Wallasey Electric Lighting Order, 1897. The Local Government Board's Provisional Or- ders Confirmation (No. 2) Act, 1897, confirming the Wallasey Order, 1897. The Local Government Board's Provisional Or- ders Confirmation (No. 2) Act, 1898, confirming the Wallasey Order, 1898. How repealed or otherwise affected. Order, art. 1. — Power to borrow a further sum of £10,600 for the purpose of a Dredger is given by The Wallasey Order, 1897, art. 1. Order, art. 1. — Further altered to " one hundred and twelve thousand pounds " by The Wal- lasey Order, 1898, art. 1. 49 Geo. III. Session 1809. cii. cm . THE LISCARD INCLOSURE ACT, 1809. {J.9 Geo. III. c. 103.) AERANGEMENT OF SECTIONS. Preamble. SECTION. Commissioner 1 For appointing new Commissioner 2 Notice of meetings to be given 3 Other notices 4 Commissioner to settle Disputes 5 Power to assess Costs 6 Allowing parties to try their Rights at Law ... 7 Action not to abate T /•Til i» I'lr* 1' 1 ijii 8 In cases of deaths of parties before actions brought, the same to be carried on and defended in their names Persons in possession not to be molested without due course of Law Encroachments Allotment for sale to defray expenses Allotments of Residue For making exchanges Expenses of exchanges or partitions by whom to be paid Proprietors to pay their own expenses at Meetings ... Wills and Settlements not to be revoked or altered by this Act Allotments to be of the same Tenure as Lands allotted were . Allotments to be fenced ... Power to sell Rights before the Execution of the Award Rights of common to be extinguished ... Commissioner's Allowance Commissioner to Account Persons advancing money to be repaid with interest ... Directing where the Award shall be deposited... Roads may be made of less width than forty feet, but not less than thirty Altering the time for giving Notices in certain cases ... Allowing an Appeal ... General saving of Rights Act may be given in evidence when printed ... 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 49 (reo. III. The Liscard Inclosin-e ch. ciii. 13 Act, 1809. AN ACT for inclosing Waste Lands in the Township of Liscard, in the Parish of Wallasey, in the County Palatine of Chester. 20th May, 1809. WHEEEAS there are within the township of Liscard, in tlie parish of Wallasey, in the County Pahxtine of Chester, divers commons and waste lands, containing about four hundred and sixteen acres of land (statute measure) lying open and uncultivated : and whereas John Penkett, Esquire, is or claims to be Lord of tlie Manor of Liscard, in the said County : and whereas the Eeverend George Briggs is Kector of the Eectory and Parish Church of Wallasey, in the said County Palatine of Chester : and whereas the Eeverend Sir Henry Poole, Baronet, James Mainwaring, Esquire, the said John Penkett, John Tobin, Esquire, John Dean, Thomas Molyneux, Gerard Stanley and several other Persons, are owners or proprietors of divers messuages, tenements, lands, and hereditaments within the said Township, and as such are entitled to right of common on the said commons and waste lands : and whereas an Act was passed in the forty-first year of the Eeign of His present Majesty intituled an Act for consolidating in one Act certain provisions usually inserted in Acts of inclosure, and for facilitating the mode of proving the several facts usually required on the passing of sucli Acts : and whereas the said commons and waste lands in their present state are of little value ; but if the same were divided and allotted into specific shares unto and amongst the proprietors thereof and persons interested therein, and such allotments inclosed, they would be considerably improved ; but such division, allotment, and inclosure, cannot be made and rendered effectual without the aid and authority of Parliament ; may it therefore please your Majesty that it may be enacted ; and l)e it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by tlie authority of the same, that the said commons and waste lands shall l)e set out, allotted and divided as soon as conveniently may be after the passing of this Act ; and that James Boydell, of Eossett, in the County of Denbigh, Gentleman, and liis 9°"™**^' successor, to be appointed in the manner hereinafter mentioned, "'"""■ shall be and he is hereby appointed the Commissioner for setting out, allotting and dividing the said several commons and waste lands, and for carrying this and the said recited Act into execution, subject sioner. 14 49 Geo. III. The Liscard Indosnre Act, 1809. cli. ciii. missioiier. Sec. 2 — 6 to the regulations of the said recited x\ct, except in such cases where the same are herehy varied or altered. For aijpoint- 2. And he it further enacted, that if the said James Boydell shall ing new Com- fjjg q,. ^^efuse to act, or he rendered incapahle of acting Iw sickness or any other cause, it shall be lawiul tor a majority in value, such value to he ascertained hy the Land Tax Assessment for the said township of the land owners within the said township, by writing under their hands, to appoint another Commissioner (not interested in the said commons and waste lands) in the room or place of the said James Boydell, within three weeks next after such death, refusal, or incapacity shall he made known ; and every such new Commissioner so to he appointed, having taken and subscribed the oath appointed to be taken by the said recited Act, shall have such and the like powers and authorities by virtue of this Act as if he had been named and appointed a Commissioner in and by this Act. Notice of Meetings to be given. 3. And be it further enacted, that the said Commissioner shall and he is herehy required to cause notice to he inserted in one of the Liverpool weekly newspapers of the time and place of his first sitting to put this Act in execution, at least ten days before the day of such sitting, which said sitting shall be held at some convenient place within the said township, or within eight miles of the boundary of the said parish, and the said Commissioner shall and may afterwards proceed in the execution of this Act, and from time to time adjourn to such time and place as he shall think proper. Other notices. 4. Provided always, and be it further enacted, that all other notices requisite or necessary to he made and given by the said Commissioner, for the purpose of carrying this and the said recited Act in execution, shall be made and given by advertisement in one of the said Liverpool newspapers, and that fourteen days shall be deemed sufficient notice of such sittings respectively. 5. And be it further enacted, that if any dispute or difference shall arise between any of the parties interested or claiming to be interested in the lands and grounds to be allotted and divided in pursuance of this Act or any part thereof, touching or con- cerning the several rights and interests which they or any of them shall have or claim to have in, over, upon or out of the said lands and grounds or any part thereof, or touching or concerning any matter or thing relating to the said allotment, division and inclosure, it shall be lawful for the said Commissioner and he is herehy authorised to examine into, hear, and determine the same : Provided always, that nothing in this Act contained shall authorise the said Commissioner to determine the title to any messuages, lands, tenements or hereditaments whatsoever. 6. And be it further enacted, That in case the said Commissioner shall upon the hearing and determination of any claim or claims, objection or objections, to be delivered to him in pursuance of this Act, see cause to award any costs, it shall he lawful for him, and he is hereby empowered, upon application made to hrm for that purpose, to settle, assess and award such costs and charges as he shall think reasonable, to be paid to the party or parties in whose favour any determination of the said Commissioner shall have been made by the person or persons whose claim or claims, objection or Commis- sioner to settle dis- putes. Power to assess costs. 49 Geo. III. TJ/r Liscarcl Inclosure cJi. ciii. 15 Act, 1809. objections, shall l)e thereby disallowed or overruled ; and in case Sec. 7 the person or persons who shall be liable to pay such costs and charges shall neglect oi- refuse to pay the same on demand, then it shall and may be lawful for the said Commissioner, and he is hereby required and authorised, by warrant under his hand and seal directed to any person or persons whomsoever, to cause such costs and charges to he levied hy distress and sale of the goods and chattels of the person or persons so neglecting or refusing to pay the same, rendering the overplus (if any) upon demand to the person or persons whose goods and chattels shall have been so distrained and sold, after deducting the costs and charges attending such distress and sale. 7. Provided always, and be it f\irther enacted, That in case any Allowing person or persons interested or claiming to be interested in the parties to try said intended allotments, shall he dissatisfied with any determination j^^^'^^^^ ""^^ of the said Commissioner, touching or concerning any claim or claims or other rights or interests in, over, or upon the lands and grounds hereby directed to be divided, allotted, and inclosed, or any part thereof, it shall be lav.f ul for the person or persons so dissatisfied to proceed to a trial at law of the matter so determined by the said Commissioner, at the then next or at the following Great Sessions or Assizes to beholden for the said County Palatine of Chester, and for that purpose the person or persons who shall be dissatisfied with the determination of the said Commissioner shall, upon giving notice to the said Commissioner of his, her, or their intention to bring sucli action, witliin three calendar months after such determi- nation shall be made, cause an action to be brought upon a feigned issue against the person or persons in whose favour such deter- mination shall have l^een made, within six calendar months next after the determination of the said Commissioner shall be so made ; and the defendant or defendants in such respective action or actions shall, and he, she, and they is and are hereby required to name an attorney or attornies, who shall appear thereto or file connnon bail, and accept one or more issue or issues, whereby such claim or claims and the right or i-ights thereby insisted on may be tried and determined, such issue or issues to be settled by the proper officer of the court in which the said respective action or actions shall be commenced, in case the parties shall differ about the same ; and the verdict or verdicts which shall be given in such action or actions shall be final, binding, and conclusive, upon all and every peison and persons whomsoever, unless the court wherein such action or actions shall be brought shall set aside such verdict or verdicts and order a new trial to be had therein, which it shall be lawful for the court to do as is usual in other cases ; and after such verdict or verdicts shall be obtained and not set aside by the court, the said Commissioner shall and he is hereby required to act in conformity thereto, and to allow or disallow the claim or claims thereby determined, according to the event of such trial or trials ; Provided always, that the determination of the said Commissioner, touching such claim or claims of right to the soil of the said commons and was-te lands, or other rights or interests in, over, or upon the lands and grounds hereby directed to be divided, allotted, and inclosed, or any part thereof, which shall not be objected to, or being objected to, the party oi- parties objecting not causing such 16 49 Geo. III. Tlie Liscard Indosure ch. ciii. Act, 1809. Sec. 8 — 11 action at law to be brought and proceeded in as aforesaid, shall be final and conclusive upon all parties. 8. And be it further enacted, That if any of the parties in any action to be brought in pursuance of this Act shall die pending the same, such action shall not abate by reason thereof, but shall be proceeded in as if no such event had happened. In cases of 9. Provided always, and be it further enacted. That if any deaths of person or persons in whose favour any such determination as parties before aforesaid shall have been made, and against whom any such action brought the °^' actions might have lieen brought if living, shall die l^efore any same to be such action or actions shall have Ijeen brought, and l^efore the carried on expiration of the time hereinbefore limited for bringing such action and defended q^, actions, it shall be lawful for the person or persons who might names have brought such action or actions against the person or persons so dying, to bring the same within the time so limited as aforesaid, against such person or persons as if actually living, and to serve the Clerk to the said Commissioner with process for commencing such action or actions, in the same manner as the party or parties might have been served therewith if living ; and it shall thereupon be incumbent on the heir or heirs, or other person or persons who shall claim the benefit of such determination as aforesaid, to appear and defend such action or actions in the name or names of the person or persons so dead, or in his, her, or their own name or names, and proceedings shall be had therein in the same manner as if such person or persons had been actually living ; and the rights of all parties shall be equally bound and concluded by the event of such action or actions. Persons in 10. Provided also, and be it further enacted. That nothing in possession this Act contained shall extend to enal)le the said Commissioner to not to be determine any right between any parties contrary to the possession without due °^ '^'^^ *-*^ such parties (except in cases of encroachments as herein- course of law. after mentioned) ; but in case the said Commissioner shall be of opinion against the right of the person or persons so in possession, he shall forbear to make any determination thereupon, until the possession shall be given up by or recovered from such person or persons l)y ejectment or other due course of law. Encroach- \\. And be it further enacted, That it shall be lawful for the said ments. Commissioner to enquire into and determine what inclosure or inclosures, encroachment or encroachments hath or have been made upon or from the said commons or waste lands by any person or persons whomsoever, and that all such inclosures and encroachments as shall have been made upon or taken from the said commons and waste lands, within twenty years previous to the passing of this Act, shall be deemed part of the said commons and waste lands, which said encroachments the said Commissioner is hereby directed to allot to the persons respectively who now hold the same, as part of their respective shares of the said commons and waste lands ; but in the valuation of such encroachments respectively, the said Commissioner shall not take into his consideration any improvements which may have been made thereon, nor estimate the same at any higher rate or value than the same respectively would have been estimated at had they remained part of the said commons and had not been inclosed ; and all inclosures or encroachments from the said commons or waste 49 Geo. III. TJie Liscard Ivclosure cli. ciii. 17 Act, 1809. lands, which heave been held for twenty years or upwards, shall See. 12 — 14 remain and be the property and as part of the ancient estate of the person or persons to whom the same respectively now belong, in respect of any such land so inclosed for twenty years or upwards. 12- And be it further enacted, That the said Commissioner (after Allotment for setting out the roads and ways in, over, and upon the said commons ^ aeiray . . . • GXPGllSGS and waste lands, in the manner prescribed by the said recited Act) shall and lie is hereby authorized, directed, and required to set out and allot such part or parts of the said commons and waste lands, as will in his judgment by sale thereof, in the manner and subject to the I'egulations and directions contained in the said recited Act, raise a sum of money sufficient to pay the charges and expenses incident to and attending the ol)taining and passing of this Act, and of carrying the same and the said recited Act in all respects into execution ; and in case any surplus shall remain, after all such costs and charges shall have been fully paid and satisfied, such surplus shall be divided and apportioned between the several proprietors of the lands and grounds hereby directed to be allotted, divided, and inclosed, according to their several and respective interests therein, in case they shall be tenants thereof in fee simple, or otherwise the same shall l)e applied and disposed of in manner directed by the said recited Act, whenever money is to he paid for the purchase or exchange of any lands, tenements, or hereditaments, or of any timber or wood growing thereon, and which money ought to be laid out in the purchase or exchange of other lands, tenements, or hereditaments to be settled to the same uses. 13- And be it further enacted. That the said Commissioner shall Allotments of and he is hereby directed and required to allot, set out, and divide residue. the residue and remainder of the said several commons and waste grounds, unto and amongst the several persons who, at the time of making such allotments and division, shall be entitled to right of common on the said several commons and waste grounds, in propor- tion and according to their respective rights, property, and interest therein. 14- And be it further enacted. That it shall be lawful for the said For making- Commissioner to set out, allot, and award any lands, tenements, or exchanges, hereditaments whatsoever, within the said township of Liscard and parish of Wallasey or either of them, in lieu of and in exchange for any other lands, tenements, and hereditaments whatsoever within the said township and parish or either of them, or within any adjoining parish, hamlet, manor, township, or place, provided all such exchanges be ascertained, specified and declared in the Award of the said Com- missioner, and be made with the consent of the owner or owners of the lands, tenements, or hereditaments which shall be so exchanged, whether such owner or owners shall be a body or bodies politic, corporate, or collegiate, or a tenant or tenants in fee simple, or in fee tail general or special, or for life, or by the courtesy of England, or for years determinable on any life or lives, or with the consent of the guardians, trustees, feoffees for charitable or other uses, husbands, committees or attornies of or acting for any such owners as aforesaid, who at the time of making such exchange or exchanges shall be respectively infants, femes covert, lunatics, or under any other legal disability, or who shall l)e beyond the seas, or otherwise disabled to act for themselves, himself, or herself, such consent to be testified in 18 49 Geo, III. The Liscard In closure cJi. ciii. Act, 1809. J Sec. 15— 19 writing under the common seal of the hody politic, corporate, or collegiate, and nnder the hands of the other consenting parties respectively ; and all and every exchange and exchanges so to he made shall be good, valid and effectual in the law to all intents and purposes whatsoever ; provided nevertheless, that no exchange shall be made of any lands, tenements, or hereditaments held in right of any church, chapel or other ecclesiastical benefice, without the consent testified as aforesaid of the patron thereof, and of the Lord Bishop of the diocese in which such lands, tenements, or heredita- ments so to be exchanged shall lie and be situate. Expenses of J 5. And he it further enacted. That the costs, charges, and exc-hanges 01- expenses attending the making and completing of any exchanges or \vhomTo\e'^ pai'titions to be made under and by virtue of the said recited Act, or paid. this Act, shall be borne, paid, and defrayed by the several persons proposing or consenting to the making of such exchanges or partitions, in such manner and in such shares and proportions as the said Commissioners shall Idv their Award order and direct. Propiietors to 16. And 1)6 it further enacted, That the said proprietors, their pay their own attomies and agents shall pay their own expenses when they or any meetin^-s^* °^ them shall attend the said Commissioner at any of his sittings to be holden in pursuance of this Act. Wills and 17. Provided always, and be it further enacted. That nothing settlements herein contained shall extend or be construed, adjudged, deemed or revoked or taken to revoke, make void, alter or impeach aiiy settlement, deed, altered by oi^' will whatsoever, or to prejudice any person or persons having this Act. " ■ any right, title, interest, claim, charge, or incumbrance whatsoever, in, out of, upon, or affecting any parts of the land or ground to be allotted, divided and inclosed as aforesaid, or any part or parcel thereof, but that the respective shares of the said commons or waste lands so to be allotted or exchanged, shall immediately after such allotments or exchanges be remain and enure, and be held and enjoyed, and the several persons to whom the same shall be allotted or given in exchange shall from thenceforth stand and be seized and possessed thereof respectively, for such estates, upon such and the same uses, for such trusts, and with such and the same powers, and subject to such and the same wills, limitations, conditions, settle- ments, trusts, provisions, remainders, reversions, debts, charges, and incumbrances, as the several messuages, lands, tenements, or hereditaments in respect whereof such allotments or exchanges shall be made, were held and stood severally limited, or subject or liable unto at the time of making such allotments or exchanges. Allotments to 13_ And he it further enacted, That the lands and grounds which be of the same g^all be allotted to any of the said proprietors by virtue of this Act lands allotted shall be held by the same tenures by which the lands and grounds were. in respect whereof such allotments shall be made, are now held. Allotments to 19. And be it further enacted. That it shall be lawful for all and be fenced. every person or persons to whom aiiy allotment or allotments shall be made by virtue of this Act, from time to time during the term of seven years from the signing the said inward, to set down posts and rails or other fences on the outside of the ditches, bounding any highway or uninclosed lands adjoining to his or their allotment or allotments, for the preservation of the quicksets, not exceeding five 49 Geo. TIT. The Liscard luclosure ch. ciii. 19 Act, 1809. feet from the line of inclosure, and at any time before the end of the Sec. 20 — 23 said term to remove and carry away such posts, rails, and fences. 20. And be it fm'ther enacted, That it shall be lawful for any Power to sell person or persons interested in the commons and waste lands to be right s before inclosed by virtue of this Act, at any time before the execution of the the execution Award hereinafter directed to be made by the said Commissioner, to ° e . \\au . sell and dispose of all such estate, right, and interest, as he, she or they now hath or have, or shall or may hereafter have in or to any right of common in and upon the said commons and waste lands, or in or to any allotment or allotments to be made in respect thereof by vii'tue of this Act, separate from such estate in right whereof he, she, or they, is, are, or shall be so entitled ; and that in case of any such sale it shall be lawful for the said Commissioner, and he is hereby authorized and required to allot the same to the piu'chaser or purchasers thereof respectively, who shall and may immediately after the execution of such Award as aforesaid, have, hold, use and enjoy such allotments so to be allotted and laid out, in lieu of the right of common or other interest, so by him, her, or them purchased as aforesaid, and shall and may have, use, and exercise any Act of Ownership in, upon, over and to the same, and be seized and possessed thereof, in as full, large, ample, and beneficial a manner to. all intents and purposes whatsoever, as the former proprietor or vendor thereof could or might have done in case such sale or sales had not been made, but subject nevertheless to the several rules, orders, conditions, and restrictions mentioned and contained in this and the said recited Act. 21. And ])e it further enacted, That the several allotments, Rights of partitions, divisions, exchanges, and determinations to be made, common to be declared or approved by the said Commissioner, in and by his Award ^^^^^g^^^ ^^■ or instrument to be made in pursuance of the said recited x\ct, shall be and are hereby declared to be final, binding and conclusive unto and upon the several parties interested in the said commons or waste lands, and all other persons, bodies politic and corporate whomsoever; and fi'om and immediately after the execution of the said Award or instrument, and the publication thereof as aforesaid, all right of common, in, over, or upon the said several commons and waste lands shall cease and be for ever extinguished. ^>n^ 22. And be it further enacted, That out of the money which Commis- ... .,.,... .... , . sioner's allowance. shall be raised for defraying the expenses of obtaining and executing ^loner s this Act, there shall be paid to the said Commissioner, as a recompense for his pains and trouble, the sum of two pounds twelve shillings and sixpence for each day he shall respectively act or travel for the purpose of acting ; and that at all meetings to be held in pursuance of this Act, the said Commissioner shall defray his own expenses. 23. And be it further enacted. That once at least in every year Commis- during the execution of this Act (such day to be computed from the sioner to day of passing thereof), the said Counuissioner shall and he is hereby account. required to make a true and just statement or account of all sums of money l)y him received and expended, or due to him for his own troul)le and expenses in the execution of this Act ; such statement or account when so made, together witli the vouchers relating thereto, shall be by hiiu laid before any two justices of the peace for the 20 49 Geo. III. The Liscard Inclosure Act, 1809. cJi. cm. Sec. 24 — 28 County of Chester, to be by them excamined and balanced, and such balance shall be by such justices stated in the Iwoks of accounts to be kept in the office of the Clerk to the said Commissioner ; and no charges or items in such accounts shall be binding on the parties concerned, or valid in law, unless the same shall have been duly allowed by such justices. 24. And be it further enacted. That if any person shall advance any sum or sums of money for the purpose of defraying the expenses of obtaining and passing this x\ct, or of carrying the same into execution, every such person shall be repaid the same, with interest, at the rate of five pounds per centum per annum, out of the first monies that shall l)e raised for defraying such expenses by virtue of this x\ct. Persons advancing money to be repaid with interest. 25. And be it further enacted. That the Award to be made by the said Commissioner, after being enrolled in the manner directed by Directing where the be^denosiTed *^® ^^^^ recited Act, shall be deposited in the said Parish Church of Wallasey. Roads may be made of less width than forty feet, but n less than thirty. ot 26. And whereas the said commons adjoin chiefly on the coast or shore of the River Mersey, and there is not nor ever can be much passing over the public roads to be made in, over, upon or across the said commons ; be it further enacted. That the said Commissioner shall have and hereby hath full power given to him, to set out all and every or any the public highways and roads, in, over or across the said commons, of less width than forty feet, so as none of such public roads shall be set out less than thirty feet wide. Altering the 27- And whereas the giving six weeks notice for some of the time for purposes by the said recited Act to be given, hath been found by giving notices gxperience to occasion not only great delay but considerable expense ; in certain cases. Allowing an appeal. be it further enacted, That for the purposes of this Act three weeks notice of any thing to be done in pursuance of this Act, or the said recited x\ct, shall he deemed sufficient notice ; anything in the said recited Act contained to the contrary notwithstanding. 28. And be it further enacted. That if any person or persons, liodies politic or corporate, shall think himself, herself, or themselves aggrieved by any thing done in pursuance of this or the said recited Act (except as to such claims, matters, and things as are herein- before directed or authorised to be tried, settled, or determined ])y the verdict of a jury, or where any of the clauses or provisions of the said recited Act or of this Act shall express that the same shall be final and conclusive), then and in every such case, he, she or they may appeal to the General Quarter Sessions of the Peace to be held at Chester, in and for the said County Palatine of Chester, within four calendar months next after the cause of complaint shall have arisen ; and the justices at the said Quarter Sessions are hereby required to hear and determine the matter of every such appeal, and to make such order and award such costs as to them in their discretion shall seem reasonable, and by their order and warrant to levy the costs and damages which shall be awarded by the said justices, by distress and sale of the goods and chattels of the party or parties liable to pay the same, rendering the overplus (if any) to the owner or owners of such goods and chattels, deducting the reasonable charges of every such distress and sale ; which determination of the 49 Geo. III. The Liscard Iiicloswre cli. ciii. 21 Act, 1809. said justices shall be final and conclusive to all parties concerned, and Sec. 29 — 30 shall not be removed by certiorari or any other writ or process whatsoever into any of His Majesty's Courts of Eecord at Westminster, or elsewhere ; but in case such appeal shall appear to the said justices to be frivolous, vexatious or without foundation, then the said justices shall award such costs to be paid by the appellant or appellants, as to them in their discretion shall seem reasonable. 29. Saving always to the King's most Excellent Majesty, his General heirs and successors, and all and every person and persons, bodies «aviug of politic and corporate, his, her and their successors, executors, and "S^*^- administrators (other than and except the several persons, bodies politic and corporate, to and amongst whom the said commons or waste lands shall be allotted and divided in pursuance of this Act), all such right title and interest (other than and except such as are hereby intended to be barred and destroyed), as they, every, or any of them had and enjoyed, of, in, to or out of the said several commons or waste lands at the time of passing this Act, or would or might have had or enjoyed in case this Act had not been made. 30. And be it further enacted, That this Act shall be printed by Act may be the printer to the King's most Excellent Majesty, and a copy thereof S^Y^" ^" so printed shall be admitted as evidence thereof by all judges, justices, wheuprintccl and others. [By the Wallasey Improvement Act, 1845, sec. 84, lands allotted under this Act for the purpose of getting stone and marl therefrom, and of a watering pit for the use of the landowners within the township may, when exhausted and dried up, be sold; and by the Wallasey Improvement Act, 1858, sec. 68, and the Wallasey Improvement Act, 1864, sec. 20, may be either sold, let, exchanged, or otherwise appropriated.] 2i^ 49 Geo. III. Commissioner's Award. ch. ciii, Liscard Inclosure. COMMISSIONERS AWARD. {Under 49 Geo. III. cap. 103.) LISCAED INCL08UKE TO ALL PEESONS TO WHOM these presents shall come, I, James Boydell, of Kossett, in the County of Denbigh, gentleman, the Commissioner named and appointed in, and by an Act of Parliament made and passed in the forty-ninth year of the reign of His present Majesty King George the Third, intituled an Act for "Inclosing waste lands in the Township of Liscard, in the Parish of Wallasey, in the County Palatine of Chester," having taken and subscribed the oath directed to be taken by the x\ct of the forty-first year of the reign of His present Majesty intituled " An Act for consolidating in one Act certain provisions usually inserted in Acts of Inclosure and for facilitating the mode of proving the several facts usually required on the passing of such Acts, which oath is written on parchment and annexed to this ray Award, and having made the survey and valuation of all the messuages, tenements and inclosed lands or inlands in the said township of Liscard and also made a plan and admeasurement of the said commons and waste lands setting forth the true contents or as near thereto as may be of the said commons and waste lands in statute measure, by which measure the said commons and waste lands contain four hundred and seven acres and thirty-nine perches or thereabouts, and in which measure I declare the contents of all and every the parts and parcels of the said commons and waste lands by me hereinafter assigned and allotted are so assigned and allotted and in further execution of the said several Acts I caused the several notices by the said several Acts directed to be given to be given accordingly as well for receiving the claims of the several persons claiming right of common on the said several commons and waste lands as for making objections thereto, and some claims having been made and objected to I proceeded to the hearing and determining the same as by the said several x\cts is directed. And the boundaries of the said township of Liscard being doubted or disputed I proceeded to enquire into the boundaries of the said township of Liscard as by the said recited Act of the forty- first year of His present Majesty is directed, and having given the several notices by the same Acts directed to be given in the manner described by the said Act, and having examined several witnesses on oath respecting such boundaries I proceeded to ascertain, set out, determine and fix the same, and having acted in all other respects pursuant to the directions of the said recited Acts and completed the division and allotment of the said commons and waste grounds I, the said Commissioner, have therefore drawn up this my x\ward in writing with such map or plan as aforesaid thereunto annexed, which I direct to be taken as part of this my Award. 49 Geo. III. CoiJunissiuiier''s Award, ch. ciil. 23 Liscard Inclosure. Now know ye that I the said Commissioner in pursuance of all powers and authorities in anywise enal)ling me in this hehalf do by this my Award fairly engrossed or written on parchment, and read and executed by me in the presence of the proprietors now attending at a special meeting duly called by notice for that purpose award, order and determine in manner following that is to say. [Commissioners are authorized to determine the boundaries of parishes, &c , by virtue of sec. 3, of 41 Geo. III., c. 109 (1801), which consolidates certain provisions usually inserted in Acts of Inclosure.] I do ascertain, determine and fix the boundaries of the said Township of Liscard as follows, that is to say, the l)oundaries of the said Township of Liscard l:)egin at the low water mark of the river Mersey opposite to the southeastwardly corner of a close or parcel of land in Liscard aforesaid belonging to Thomas Wilson called the Rice Hey, and extend from thence westwardly along the south fence of the said close to another close in Liscard afore- said belonging to Thomas Molyneux called the Pike Hey, and extend along the same close southwardly to the southeastwardly corner of the said close called the Pike Hey, and from thence in a westwardly direction along the south side of a certain close called the Weedy Meadow also belonging to the said Thomas Molyneux, to the south westernmost corner of a certain other close called the Weedy Hey, also belonging to the said Thomas Molyneux, and from thence in a northwestwardly direction along the southwestwardly fence of the said close, called the Weedy Hey, to another close in Liscard aforesaid, called the Moor Hey, also belonging to the said Thomas INIolyneux, and from thence in a westwardly direction along the south fence of the said close, called the Moor Hey, to the southwest- wai'dly corner of the said close, called the Moor Hey, and from thence in a southwardly direction along the ancient fence of a close, called the Lower Moor Hey, in Poulton-cum-Seacombe, belonging to the said Thomas Molyneux, until they come within four yards, or nearly as may be, of the gate in the said field adjoining the common, and from thence along a slack or hollow place across the highway or road leading from Seacombe into Liscard, to the extent of fifteen feet westwardly beyond the centre of the said higliway, and from thence in a southwardly direction to the nortlieastwardly corner of the ancient enclosed lands in the township of Poulton-cum-Seacom])e aforesaid, belonging to James INIainwaring, Esq., in the holding of Mr. Wm. Webster, adjoining to Liscard Moor and thence along other ancient enclosed lands in Poulton-cum-Seacombe aforesaid, adjoining to Liscard Moor aforesaid, to tlie south-east corner of William Pritchard's buildings, and thence in the same direction to the southeastwardly corner of the said William Pritchard's garden and thence along the ancient fence to the north-east corner of a croft in Poulton-cum-Seacoml)e aforesaid, belonging to the said James Mainwai'ing, in the holding of George Bird, and from the said corner of the said croft and in a westwardly dii'ection along the fence of the said croft and alongside tlie hoi;se and buildings there in the possession of the said George Bird, and from thence in same direction along the fence of the garden in the possession of the said George Bird, adjoining ^lill Lane, to the north-west corner of the said garden, and from thence in a direct line across Mill Lane into 24 49 Geo. III. Commu^ioner^s Award, ch. ciii. Liscard Inclosure. and across ancient inclosed lands in Wallasey aforesaid, called the Moor Hey and the Meadow, late the inheritance of Francis Eichard Price, Esquire, and now of John Tobin, Esquire, to an ancient boundary stone dividing the said Township of Liscard from the Township of Wallasey aforesaid, near to the southeastwardly corner of a cottage there in the Township of Wallasey aforesaid, in the possession of Margery Small wood, and from thence across the highway or road leading from Liscard Moor to and into Wallasey to the westwardly corner of a close in Liscard aforesaid, called the Reunions Yard, belonging to Thomas Twist, in the possession of Jane Hasler, and from thence along the westward, northward, and part of the eastward fence of the said croft, to another close in Liscard aforesaid, called the Lower Yard, belonging to Daniel Deane, and from thence along the w^estward fence and north corner of the said close to another close called Euncorns Yard, belonging to John Deane, senior, hereinbefore described as in his own possession, and thence along the westward fence of another close in Liscard aforesaid, called the Higher Yard, belonging to the said Thomas Molyneux, in his own possession, and from thence along the westward fence of the said close called the Higher Yard until it comes to a stile in the said fence or an ancient foot-path there leading from Liscard and from that stile along the said foot-path which runs iu a northwestwardly direction into and across a close called the Marled Butt Hey, belonging to Mr. John Leigh, in the possession of John Hilliard, and from that close still along the said footpath into and across another close called the Higher Hey, belonging to John Egerton, Esquire, in the possession of Thomas Deane, and from the said last mentioned close into and across the westwardly corner of another close called the Higher Heys, belonging to the said John Egerton, in possession of the said Thomas Deane, to the southwardly corner of a close called the Cerpeseech Hey belonging to Ann Thompson, in the possession of William Ledder, and from thence along the westward fence of the said field to the northward corner of such field and from thence to a boundary stone between the said Townships of Wallasey and Liscard, near to the house of the said William Ledder, and from thence in a north- westwardly direction to a boundary near to a pit in Liscard aforesaid, called Captain's Pit, and from thence in the same direction to another stone near Gill's house, and from thence to a hole lately made in the form of a cross on the summit of a hill called Stone Bank hill, and from thence in the same direction to the westernmost rock there near the strand of the sea called Watts Hole, and from thence in the same direction to the low water mark. And having so ascertained, set out determined and fixed the said boundaries, I caused the several notices by the said x\ct of the forty- first year of His present Majesty of my having so done to be given, and against which determination no appeal was made, and l^efore I proceeded to make any allotment of the said commons and waste lands in the said Township of Liscard, I ascertained set out and appointed the public carriage roads and highways through and over the lands and grounds intended to be divided, allotted, and inclosed, and the public carriage roads and highways so by me set out and appointed being thirty feet wide at the least are set out in such 49 Geo. III. Conu}ilssLO}ter!i Award, ch. ciii 25 Liscard Inclosure. directions as upon the whole appear to me most commodious to the pubhc. And I also ascertained the same by marks and l)ounds and prepared a map in which such roads are accurately laid down and described, and signed the same and deposited such plan as by the said last mentioned Act is directed, and gave and affixed the several notices by the same Act directed to be given and affixed of my having set out such roads and deposited such map and also of the general lines of such intended carriage roads, and in and by the said notice appointed a meeting to be held as by the same Act is directed, and some objections being made to the mode of setting out some of the said roads, I, the said Commissioner, together with the Eeverend Roger Jackson, Clerk, one of his Majesty's Justices of the Peace, acting in and for the division of the said County of Chester, in which the said commons lie, and not being interested in the same who attended such meeting, proceeded to hear and determine such objections and all other objections thereto, and I, the said Commis- sioner, and the said Roger Jackson, according to the best of our judg- ment upon the whole, ordered and finally directed how the said carriage roads should be set out, and having made some trifling alterations in the said map of the said roads, we then confirmed the same, and the said public carriage roads so set out as aforesaid are particularly described in the said map annexed to and forming a part of this my Award, and the general lines of such i-oads are hereinafter set forth (that is to say) One public carriage road and liighway within and part of the said commons in Liscard aforesaid, marked upon the said map with the letter A, l^eginning near and opposite a gate leading into a close of ancient inclosed lands l:)elonging to Thomas Molyneux, called the Lower Moor Hey, at the south-east corner of Liscard Moor, and extending from thence across the said Moor in a northwardly direction until it meets the road D, hereinafter described at a place near a barn belonging to the said Tiiomas Molyneux, containing in length one thousand one hundred and ten yards or thereabouts, and in l^readth ten yards. One other public carriage road and highway within and part of the said conunons in Liscard aforesaid, marked upon the said map with the letter B, beginning at the end of the ancient road at the north-east angle of Liscard Moor, neai- to a house belonging to John Carter, in possession of Daniel Bather, and running alongside or near to the inclosed lands in the township of Liscard into the road marked A, at or near the south-west corner of a close there belonging to Sir Henry Poole, ]5aronet, in the holding of Mr. John Penkett, containing in length three hundred and twenty yards or thereabouts, and in breadth ten yards. One other public carriage road and highway within and part of the said commons in Liscard aforesaid, marked upon tlie said map with the letter C, beginning in a certain lane called Mill Lane, opposite the north-west corner of a garden in the possession of George Bird, and leading in an eastwardly direction past the house in the possession of the said George Bird to the road marked A, nearly opposite to a cottage belonging to Bethia Andley, in the possession of James Wade, containing in length three hundred and fifty-two yards or thereabouts, and in breadth ten yards. 26 49 Geo. III. Conimitssioner's Award, cli. ciii. Linear cl Inclosiire. One other public carriage road and highway within and part of the said commons in Liscard aforesaid, marked upon the said map with the letter D, beginning at that part of the ancient road in Liscard aforesaid, near to Jonathan Deane's house, and extending in a southwestwardly direction alongside of or near to the ancient inclosed lands in Liscard aforesaid, to the high road leading to Wallasey, containing in length three hundred and thirty-six yards or there- abouts, and in breadth ten yards. One other public carriage road and highway within and part of the said commons in Liscard aforesaid, marked upon the said map with the letter E, beginning at the bank of the Eiver Mersey on Liscard Common, nearly opposite to the Powder Magazines, and extending from thence in a westwardly direction alongside of and near to the inclosed lands in Liscard to the boundary line dividing the Townships of Wallasey and Liscard, where the same ends, containing in length one thousand five hundred and thirty-six yards or thereabouts, and in breadth ten yards. One other public carriage road and highway within and part of the said commons in Liscard aforesaid, marked upon the said map with the letter F, beginning near and opposite to a cottage in the possession of Henry Bird on the ancient road leading past William Groom's house to Liscard Common, and leading northwestwardly into the last mentioned road E, containing in length eighty-six yards or thereabouts, and in breadth ten yards. And having set out the public carriage roads as aforesaid, I proceeded as by the said last mentioned Act I am required and empowered to set out and appoint the private roads following : — - I do hereby set out and appoint the same accordingly, that is to say I set out and appoint one private way or road marked upon the said map with the letter a, beginning near to the east end of the new road, on the said map marked A, and extending in a northeast- wardly direction to a field of John Carter, in length about sixty-five yards, and in breadth four yards. One other private way or road marked upon the said map with the letter b, beginning at the north-east end of the road marked B, opposite the house of the said John Carter, and extending from thence in a southeastwardly direction alongside of or near to ancient inclosed lands in Liscard ;iforesaid, to premises belonging to John Tobin, Esquire, in length about one hundred and thirty-six yards, and in breadth five yards. One other private way or road marked upon the said map with the letter c, beginning at the north-east end of the road marked D, opposite a house in the occupation of Jonathan Deane, and extend- ing thence in a southwardly direction along ancient inclosed lands in Liscard aforesaid to the south side of a cottage belonging to the said Jonathan Deane, occupied hy William Preston, in length about forty-nine yards and in breadth five yards. One other private way or road marked upon the said map with the letter d, beginning at that part of the new road marked C, opposite George Bird's house, and extending thence northwardly to a cottage in the occupation of Thomas Leather, in length forty-nine yards and in breadth four yards. 49 Geo. III. Comiiiinsioner's Award, ch. ciii. 27 Liscard Inclosure. One other private way or road marked upon the said map with the letter e, beginning at that part of the road marked C, at the north- east coi'ner of George Bird's garden and extending thence south- eastwardly along ancient inclosed lands in the Township of Poulton- cum-Seacombe to the southeast side of a cottage in the occupation of William Pritchard, in length about two hundred and thirty-three yards and in breadth five yards. One other private way or road marked upon the said map with the letter f, beginning at that part of the road A, near to the south-west end of the road marked B, and extending thence southwestwardly to a cottage in Poulton-cum-Seacombe aforesaid in the possession of Jane Wilcox, Widow, in length about one hundred and ninety-one yards and in breadth five yards. One other private way or road marked upon the said map with the letter g, beginning at that part of the road marked E, at the north- east corner of a garden in the occupation of William Peers, and extending in a southwardly direction along the said garden, in length about eighty yards and in breadth ten yards. One other private way or road marked upon the said map with the letter li, beginning at that part of the road E, at the north-east cornel" of the said WiHiani Peers' garden and extending thence in a northwestwardly direction to the Magazine, in length about sixty- eight yards and in breadth five yards. One other private way or road marked upon the said map with the letter i, beginning at that part of the road marked E, opposite to a held l)clongingto James Mainwaring, Esquire, on the west side of a house belonging to Alexander Bibl^y and extending thence north- wardly to an allotment of the said commons made to John Penkett, Esquire, in length about two hundred and nineteen yards and in .breadth ten yards. One other private way or road marked upon the said map with the letter k, beginning at that part of the road nearly opposite to a windmill belonging to Mr. Penkett, and extending thence northwest- wardly to several allotments made to Mr. Penkett and Mr. Tol)in, in length about seven hundred and ninety yards and in breadth ten yards. One other private way or road mai'ked upon the said map with the letter 1, beginning at that part of the road nuirked E, opposite a house belonging to Peter Ledder, and extending thence in a south- wardly and westwardly direction to the said Peter Ledder's house, in length about one hundretl and Ihiity-seven yards and in breadth tivo yards. One other private road or foot-path marked upon the said map with the letter m, beginning at that part of the road nuirked A, opposite the south-west end of the road marked B, and extending from thence across an allotment marked C, sold to John Tol)in, Esquire, to the south corner of a house in the occupation of William Pritchard. And in t'uither execution of the said recited Acts I allot and set out a piece of land part of the said commons for the purpose of getting stone for the use of the lord and land owners in the said Township of 28 49 Geo. III. Commissioner'' a Award, ch. ciii. Liscard Inclosure. Liscard, that is to say a piece or parcel of land containing two acres marked upon the said map No. 2a, bounded on the north and west sides by an allotment No. 52, to Gerard Stanley on the east by the private road marked i, and on the south Ijy the public road marked E. And in further execution of the said Acts I allot and set out another piece of land, part of the said commons on Liscard Common, for the purpose of getting marl for the use of the lord and land owners within the Township of Liscard aforesaid, that is to say, a piece or parcel of land containing one acre marked upon the said map No. 3a, bounded on the north and west by an allotment No. 43, to John Penkett, Esquire, on the south by an allotment by me sold to the said John Penkett, and by him since sold to Thomas Twemlow and Samuel McDowall, marked upon the said map D, and on the east by the strand or shore of the River ^Mersey. I also allot and set out another piece of land, part of the same commons for the like purpose, that is to say a piece or parcel of land containing one acre marked upon the said map No. 4a, bounded on the north by an allotment No. 35 to the said John Leigh, on the east by an allotment No. 30 to William Meadowcroft, on the south partly by the said allotment No. 30, and partly by an allotment No. 28 to Ann Thompson, and on the west by a road leading to Wallasey, in the Township of Wallasey. And in further execution of the said x\cts, I have also set out and allotted from and out of the said commons in Liscard aforesaid, the several parcels of land hereinafter mentioned for sale towards defraying the charges and expenses incident to and attending the obtaining and passing the said Act, and of carrying the same into execution, and which parcels of land are described as follows : — One part of the said commons of Liscard Moor containing three acres and four perches, marked upon the said map with the letter A.. and by me sold to John Tobin Esquire, bounded north-eastwardly by old inclosed land of John Carter, eastwardly by the private road a, southwardly by the public road marked A, and westwardly by an allotment No. 2. and No. 2* to John Tobin Esquire, and I direct the fences on the eastwardly, southwardly, and westwardly sides to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons on Liscard Moor aforesaid, containing twenty-three acres, marked upon the said map with the letter B, and by me sold to the said John Tobin in three lots, as advertised for sale, bounded on the northwardly side thereof l)y the public road marked A, on the eastwardly, southwardly, and south- westwardly sides thereof by old inclosed lands in the Township of Poulton-cum-Seacombe, and on the westw^ardly side by the private road marked f. And I direct the fences on the northwardly and westwardly sides thereof to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons on Liscard Moor aforesaid, containing eighteen acres and three perches marked upon the said map with the letter C, and by me sold to John Tobin, bounded on the northwardly side by the public road marked A, on the eastwardly and part of the southwardly sides by the private road marked f, on 49 Geo. III. Co7nmiHsioner's Ataard, cJi. ciii. 29 Liscard IncJosnre. other part of the southwardly side by ancient inclosed lands in the Township of Poulton-cum-Seacombe and by the private road marked e, and on the westwardly side by the pul)lic road marked C. And I direct the fences on all sides of the said allotment (except where it adjoins the ancient inclosed lands in the Township of Poulton-cum- Seacombe) to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons on Liscard Common, containing twenty-five acres, marked upon the said map with the letter D, and by me sold to John Penkett, Esquire, and by him since sold to Thomas Twemlow and Samuel McDowall, bounded on the north in part by an allotment No. 43, to the said John Penkett, and in other part by the allotment for marl marked upon the said map No. 3a, on the east in part by the shore of the river Mersey, and in other part by part of the said commons by me sold to the said Samuel McDowall, on the southwardly side by the road marked E, on the said map, and on the west in part by the said road E, and in other part by an allotment No. 56, to the Corporation of Livei'pool, but by them since sold to the said Samuel McDowall. And I direct the fences on all sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons on Liscard Common con- taining two roods and two perches marked upon the said map with the letter E, and by me sold to the said Samuel McDowall ; bounded on the north-west and south sides by an allotment marked upon the said map with the letter D, by me sold to John Penkett Esq., and by him since sold to the said Thomas . Twemlow and Samuel McDowall ; and on the east side by the shore of the Eiver Mersey. And I direct the fences on all sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons on Liscard Common containing six acres two roods and eight perches marked upon the said map with the letter F, an4 by me sold to the said John Tobin, bounded on the north by the strand or shore of the sea, on the east i)i part by an allotment, No. 43, to John Penkett Esquire, in other part by the road marked K, on the south by an allotment No. 42 to the said John Tobin, and on the west in part by the said allotment No. 42, and in other part by an allotment No. 41 to the said John Tobin. And I tlii'ect the fences on all sid(!s of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. And I do hereby set out and allot the remainder of the said commons and waste lands in Liscard aforesaid by the said fii-st mentioned Act directed to be inclosed as follows : — I set out and allot unto Thomas Molyneux, his heirs and assigns, in right of his ancient inclosed lands, within the Township of Liscard aforesaid, a piece or parcel of land part of the said commons on Liscard Moor, marked upon the said map No. 1, containing three roods or tliereabouts bounded on the northeastwardly side by ancient inclosed lands of the said Thomas Molyneux, in the Township of Liscard aforesaid, on the southeastwardly end by waste land in the 30 49 Geo. III. Comviissioner'^ Award, cli. ciii. Liscard Inclosiire. Township of Poulton-cum-Seacombe, on the southwardly side by the pubHc road marked A, and on the northwestwardly side by the private road marked a. And I direct the fences on the eastwardly, southwardly, and westwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Thomas Molyneux, his heirs and assigns, a piece or parcel of land other part of the said conniions on Liscard Moor aforesaid, marked upon the said map No. 25, containing three acres, three I'oods and thirty-five perches, bounded on the northeastwardly side by the public road, marked A, on the southeastwardly side in part by an allotment No. 16, to the devisees in trust of Matthew Taylor, deceased, in south part by an allotment No. 17, to John Moston, on the south-west in part by an allotment No. 18, to the representatives of John Deane, Senior, deceased, and in other part l)y an allotment No. 24, to Sarah Strong, and north- westwardly by the public road marked D, and I direct the fences on the northeastwardly, northwestwardly, and half the southeastwardly sides of the said allotment to he made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto John Tobin Esquire, his heirs and assigns, in right of his ancient inclosed lands in Liscard aforesaid, a piece of land other part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 2, containing four acres, two roods, and 32 perches, bounded northeastwardly by ancient inclosed lands of tbe said John Tobin, eastwardly in part by an allotment marked A, by me sold to the said .John Tobin, and in other part by an allotment No. 2='', to the said John Tobin, southwardly l)y the public road A, and northwestwardly in part by an allotment No. 6, to John Deane, junior, in other part by an allotment No. 5 to the said John Tobin, in right of land purchased from Thomas Martin, in other part by an allotment No. 3, to .Joseph Jackson, and in other part by the private road V. And I direct the fences on the southwardly and northwestwardly sides of the said allotnjent to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Tobin his heirs and assigns, to whom Thomas Wilson hath sold and conveyed the same a piece of land, part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 2''S containing thirty-six perches or thereal)outs, bounded north- wardly and westwardly by the said allotment No. 2, to the said John Tobin, eastwardly by an allotment marked A, by me sold to the said John Tobin, and southwardly by the public road marked A. And 1 direct the fences on the southwardly and westwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Tobin his heirs and assigns, another piece of land, part of the said commons on Liscard Moor aforesaid marked upon the said map No. 20, containing one rood and three perches or thereabouts, bounded on the northeast l)y the private road d, on the southeast liy the public road C, on the southwest by the boundary line dividing the Townships of Liscard and Wallasey, and on the northwest by ancient inclosed lands 49 Geo. III. C ormnhsionef H Aioarcl, cli ciii. 31 Liscarcl Inclosure. belonging to the said John Tobin, in the Township of Liscarcl afore- said. And I direct the fences on the northeast southeast and southwest sides of the said allotment to be made and for ever afterwards kept \n repair by the owner thereof. I also set out and allot unto the said John Tobin his heirs and assigns to whom the said Thomas Wilson hath sold and conveyed the same, a piece of land other part of the said commons on Liscard common afoi'esaid, marked upon the said map No. 41, containing eleven acres and four perches or thereabouts, bounded northwardly by the strand or shore of the sea, eastwardly in part by an allotment marked with the letter F, by me sold to the said John Tol^in, and in other pai't by an allotment No. 42 to the said John Tobin, south- wardly in part by the said allotment No. 42, and in other part l)y an allotment No. 40 to John Deane, junior, and westwardly by the boundary line dividing the Townships of Liscard and Wallasey. And I direct the fences on the northwardly, southwardly, and westwardly sides of the said allotment to be made and for ever afterwards kept in repair l)y the owner thereof. I also set out and allot unto the said John Tobin his heirs and assigns, to whom Thomas Martin hath sold and conveyed the same, a piece of land .part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 5, containing one acre and four perches or thereabouts, bounded northwestwardly by the public road marked B, northeastwardlj^ in part by an allotment No. 4, to John Carter, and in other part by an allotment No. 3 to Joseph Jackson, southeastwardly by an allotment No. 2 to the said John Tobin, and southwestwardly by an allotment No. 6 to John Deane, junior, and I direct the fences on the northwestwardly and southwestwardly sides of the said allotment to l)e made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Tobin his heirs and assigns to whom the said Thomas Martin hath also sold and conveyed the same another piece of land other part of the said commons on Liscard Moor aforesaid marked upon the said map No. 8 containing two perches or thereabouts bounded northwestwardly by a house and outbuildings late belonging to the said Thomas Martin but now to the said John Tobin northeastwardly by an allotment No. 7 to James Mainwaring, Esquire, southeastwardly by the pul)lic road B, and southwestwardly by a garden belonging to the said John Tobin also late Martins and I direct the fences on the southeastwardly side of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot luito the said ,]ohn Tobin his heirs and assigns to whom the said Thomas Martin hath also sold and conveyed the same another piece of land part of the said commons on Liscard Moor aforesaid marked upon the said map No. 9 containing one perch or thereabouts, I)ounded northwestwardlj- by buildings belonging to tlie said John Tobin lately purchased from the said Thomas Martin northeastwardly by a garden belonging to the said John Tobin also purchased from the said Thomas Martin southeastwardly by the public road B, and southwestwardly by an allotment No. 10 to John Deane, junior, and 32 49 Geo. III. Commissioner'' s Award, cli. ciii. Liscard Inclosure. I direct the fences on the southeastwardly and southwestwardly sides of the said allotment to he made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Tobin for the life of Bethia Andley and after her death to the person or persons entitled thereto under John Hough deceased according to his and their estate in the same another piece of land other part of the said commons on Liscard Moor aforesaid marked upon the said map No. 15 containing thirty- seven perches or thereabouts bounded northwardly by ancient inclosed land of Jonathan Deane, northeastwardly by ancient inclosed lands belonging to John Owens, southeastwardly by an allotment No. 14 to the Devisees in Trust of Matthew Taylor, deceased, and south- westwardly by the pul)lic I'oad A over which allotment No. 15 the said John Owens and the owner of his estate are to have the right of passing with horses, carts and carriages, on a road of five^-ards wide, beginning at the westwardly corner of the said allotment adjoining the public road A along the fence of Jonathan Deane's land to the said John Owens' house, and I direct the fences on the southeastwardly and southwestwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Tobin his heirs and assigns, to whom the said John Owens hath also sold and conveyed the same, another piece of land part of the said commons on Liscard Common aforesaid marked upon the said map No. 42 containing six acres one rood and thirty-eight perches or thereabouts, bounded northwardly in part ])y an allotment No. 41 to the said John Tobin, and in other part by an allotment marked F by me sold to the said John Tobin, eastwardly in part bj^ the said allotment marked F and in other part by the private road marked K, southwardly by an allotment No. 40 to .John Deane, junior, and westwardly by the said allotment No. 41, and I direct the fences on the eastwardly side as far as the said allotment extends along the road K and on the south- wardly and westwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Joseph Jackson his heirs and assigns a piece of land part of the said commons on Liscard Moor aforesaid marked upon the said map No. 3 containing one acre and nineteen perches, bounded northeastwardly by the private road marked I), southeastwardly by an allotment No. 2 to John Tobin, Esquire, southwestwardly by an allotment No. 5 to the said John Tobin and northwestwardly by an allotment No. 4 to John Carter, and I direct the fences on the northeast, southwest and northwestwardly sides of the said allotment to he made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto John Carter his heirs and assigns, a piece of land part of the said commoiis on Liscard Moor aforesaid marked upon the said map No. 4 containing two acres two roods and seven perches, bounded northeastwardly by the private road marked b, southeastwardly by the said allotment No. 3 to the said Joseph Jackson, southwestwardly by the said allotment No. 5 to the said John Tobin and northwestwardly l)y the public road marked B, and I direct the fences on the northeast southwest and northwestwardly sides to be made and for ever afterwards kept in repair l)y the owner thereof. 49 Geo. III. Commissioner's Award, ch. ciii. 33 Liscard Inclosure- I also set out and allot unto John Deane, junior, his heirs and assigns, a piece of land part of the said commons on Liscard Moor aforesaid marked upon the said map No. 6 containing one acre and thirty- seven perches or thereahouts, bounded on the northwardly side by an allotment No. 5, to John Tobin, Esquire, southeastwardly by an allotment No. 2, to the said John Tol)in, on the soutlnvardly side by the public road marked A, and on the west and northwestwardly sides by the public road marked B, but in making such allotment to the said John Deane, it is meant and intended that Joseph Streets, who holds the lands in right of which this allotment is made for a term of twelve years, under a lease from the said John Deane, is to hold and enjoy this allotment along with his other lands during the remainder of his term in such lease, and I direct the fences on the southwardly, Avest, and northwestwardly sides of the said allotment to be made by the said Joseph Streets, and to be by him kept in repair during his interest in such lease, and afterwards the same are to be kept in repair by the said John Deane, junior, his heirs and assigns. I also set out and allot unto the said John Deane, junior, his heirs and assigns, a piece of land part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 10, containing ten perches or thereabouts, bounded northwestwardly by a house and outbuildings belonging to the said John Deane, in the occupation of the said Joseph Streets, northeastwardly in part by a house belonging to John Tobin Esquire, and in other part by an allotment No. 9, to the said John Tobin, southeastwardly by the public road marked B, and southwestwardly by an allotment No. 11. to Sir Henry Poole, Baronet. And I direct the fences on the southeastwardly and south- westwardly sides of the said allotment to be made and for ever after- wards kept in repair by the owner thereof. I also set out and allot unto the said John Deane, junior, his heirs and assigns, a piece of land part of the said commons on Liscard Common, marked upon the said map No. 40, containing six acres, two roods and three perches, or thereabouts, bounded northwardly by allotments No. 41 and 42 to John Tobin Esquire, eastwardly by the private road marked K, southwardly by an allotment No. 39, to William Groom, and westwardly by the line of boundary dividing the Townships of Liscard and Wallasey, and I direct the fences on the eastwardly, southwardly, and westwardly sides of the said allotment to be made and for ever afterwards kept in repair l^y the owner thereof. I also set out and allot unto James Mainwaring, Esquire, his heirs and assigns, a piece of land part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 7, containing four perches, or thereabouts, bounded northwardly by ancient inclosed lands of the said James Mainwaring, Esquire, southeastwardly by the public road B, and southwestwardly by an allotment No. 8, to John Tobiu Esquire, and I direct the fences on the southeastwardly and southwestwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said James Mainwaring, his heirs and assigns, another piece of land other part of the said commons on 34 49 Geo. TTI. Comviissioner's Award, ch. cm. Liscard Inclosure. Liscard Moor aforesaid, marked upon the said map No. 19, contain- ing two acres, three roods and twenty-five perches, or thereabouts, bounded northeastwardly by an allotment No. 18, to the representa- tives of the late John Deane, senior, deceased, south and southeast- wardly by the public road marked C, southwestwardly in part by the private road d, in other part by a cottage and garden in the occupation of Thomas Leather, and in other part by ancient inclosed land of John Tobin, Esquire, northwestwardly in part by an allotment No. 21, to Thomas Twdst, and in other part by an allotment No. 22, to the representatives of Daniel Deane, deceased, or those next entitled after him, and I direct the fences on the northeastwardly, south, and southeastwardly, as much of the southwestwardly sides as adjoins the private road d, and northw'estwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said James Mainwaring, his heirs and assigns, another piece of land other part of the said commons on Liscard Common aforesaid, marked upon the said map No. 46, containing thirteen acres two roods and three perches or thereabouts, bounded northwardlj'^ in part by an allotment No. 45 to Sarah Strong, and in other part by an allotment No. 43 to John Penkett, Esquire, eastwardly by an allotment No. 52 to Gerard Stanley, south- wardly in part by an allotment No. 51 to the representatives of John Deane, senior, deceased, and in other part by an allotment No. 47 to the representatives of Daniel Deane, deceased, or those next entitled after him, and southwestwardly by the private road marked K. And I direct the fences on the south- wardly and southwestwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said James Mainwaring, his heirs and assigns, another piece of land part of the said commons on Liscard Common aforesaid, marked upon the said map No. 54, containing one rood and ten perches or thereabouts, bounded northwardly l)y the public road marked E, southwardly and east- wardly in part by ancient inclosed lands belonging to the said James Mainwaring, in other part southwardly by a cottage and garden belonging to Henry Bird and westwardly by the public road marked F, and I direct the fences on the northwardly and westw^ardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the Eeverend Sir Henry Poole, Baronet, his heirs and assigns, a piece of land part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 11, containing four perches or thereabouts, bounded northwestwardly by a cottage and ancient inclosed land of the said Sir Henry Poole, northeast- wardly by an allotment No. 10 to John Deane, junior, and southeastwardly by the public road B, and I direct the fences on the southeastwardly side of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Sir Henry Poole, his heirs and assigns, another piece of land part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 12, containing thirty- eight perches or thereabouts, bounded northeastwardly by ancient 49 Geo. III. Commissioner s Award, cJi. ciii. 35 Liscard Inclosiire. inclosed lands belonging to the said Sir Henry Poole, southwest- wardly by the public road A, and northwestwardly by an allotment No. 13 to John Moston. And I direct the fences on the sonthwest- wardly and northwestwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said Sir Henry Poole, his heirs and assigns, another piece of land part of the said commons oz:i Liscard Common aforesaid, marked upon the said map No. 34, containing twelve acres, three roods and seventeen perches or thereabouts, bounded northwardly by an allotment No. 38 to Edward Wilcox, northeastwardly by the private road marked K, southwardly in part by the pubUc road E, in other part by an allotment No. 33 to Alexander Bibby, in other part by an allotment No. 32 to William Peers, and in other part by an allotment No 37 to John Egerton, Esquire, and westwardly in part by the said allotment No. 33 to Alexander Bibby, in other part by an allotment No. 31 to Elizabeth Johnson, in other part by the said allotment No. 37 to the said John Egerton, and in other part by the boundary line dividing the Town- ships of Liscard and Wallasey, and I direct the fences on the northeastwardly and southwardly sides and that part of the westwardly side of the said allotment which adjoins, and allotment No. 37 to the said John Egerton and also that part which divides the Townships of Liscard and Wallasey to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto John Moston, his heirs and assigns, a piece of land part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 13, containing one rood and six perches or thereabouts, bounded northeastwardly by ancient inclosed land of the said John Moston, southeastwardly by an allotment No. 12 to Sir Henry Poole, Baronet, southwestwardly by the public road marked A, and northwestwardly l)y an allotment No. 14 to the devisees in trust of Matthew Taylor, deceased. And I direct the fences on the southwestwardly and northwestwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Moston, his heirs and assigns, another piece of land part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 17, containing one rood and sixteen perches or thereabouts, bounded northeastwardly by an allotment No. 16 to the devisees in trust of Matthew Taylor, deceased, southeastwardly by the public road C, southwestwardly by an allotment No. 18 to the representatives of the late John Deane, senior, deceased, and northwestwardly by an allotment No. 25 to Thomas INIolyneux. And I direct the fences on the northeastwardly and southeastwardly sides thereof to bo made and for ever afterward kept in repair by the owner thereof. I also set out and allot unto the heir at law or the devisees of Matthew Taylor, deceased, as they may respectively be entitled thereto, a piece of land part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 14, containing one rood one perch or thereabouts, bounded northeastwardly by ancient inclosed lands belonging to tlie said trustees, southeastwardly by an 36 49 Geo. III. Commissioner' s Aivard, cJi. ciii. Liscard Inclosure. allotment No. 13 to John Moston, southwestwardly by the public road A, and northwestwardly by an allotment No. 15 to John Tobin, Esquire, which allotment to the said trustees is so made subject to such rights and interest as Berthia Andley hath therein, she holding the lands in right of which this allotment is made by a lease from John Hough, for the life of herself and her son. And I direct the fences on the south-west side of the said allotment to be made by the said Berthia Andley, and to be by her kept in repair during her interest in such lease, and afterwards the same are to be kept in repair by the owner thereof. I also set out and allot unto the said heir at law, or the devisees of Matthew Taylor, deceased, as they may respectively be entitled thereto, another piece of land other part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 16, contain- ing one acre two roods and thirty- seven perches or therealDOuts, bounded northeastwardly by the public road marked A, south- east wardly by the public road C, southwestwardly by an allotment No. 17 to John Moston, and northwestwardly by an allotment No. 25 to Thomas Molyneux, but in making this allotment to the said trustees it is meant and intended that Bethia Andley, who holds the lands in right of which this allotment is made for the life of herself and her son, under a lease from John Hough, is to hold and enjoy this allotment along with the other lands comprised in such lease during her estate and interest therein. And I direct the fences on the northeastwardly and southeastwardly sides and about two-thirds of the fence on the northwestwardly side of the said allotment to be made by the said Bethia Andley, and to be by her kept in repair during her interest in such lease and afterwards the same are to be kept in repair by the owners thereof. I also set out and allot unto the heir at law or the devisees of John Deane, senior, deceased, as they may respectively be intitled thereto, a piece of land part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 18, containing two acres two roods and twenty-nine perches, bounded northeastwardly in part by an allotment No. 25 to Thomas Molyneux, and in other part by an allotment No. 17. to John Moston, southeastwardly by the public road marked C, southwestwardly by an allotment No. 19 to James Mainwaring Esquire, and northwestwardly in part by an allotment No. 22 to the representatives of the late Daniel Deane, deceased, and in other part by an allotment No. 24 to Sarah Strong. And I direct the fences on the northeastwardly southeastwardly and northwestwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said heir at law or devisees of the said John Deane, senior, deceased, as they may respectively be intitled thereto, another piece of land other part of the said commons on Liscard Common aforesaid, marked upon the said map No. 51 containing four acres three roods and fourteen perches or thereabouts, bounded northwardly by an allotment No. 46 to James Mainwaring Esquire, eastwardly by an allotment No. 52 to Gerard Stanley, southwardly by the public road E, and westwardly by allotments No. 47 and 48 to the representatives of Daniel Deane, deceased. iVnd I direct the fences on the south and west sides of the said 49 Geo. III. Comvii!isioner''s Award, cJi. ciii. 37 Liscard Inclosure. allotment to be made and for ever afterwards kept in repair hy the owner thereof. I also set out and allot unto the heir at law or the devisees of Thomas Twist, deceased, as they may respectively be entitled thereto, a piece of land other part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 21, containing two roods and two perches or thereabouts, bounded northeastwardly by an allotment No. 22 to the rej)resentatives of Daniel Deane, deceased, southeastwardly by an allotment No. 19 to James Mainwaring Esquire, southwestwardly by ancient inclosed land in Liscard aforesaid, belonging to John Tobiu Esquire, on the west by a garden belonging to Samuel Dean, and northwestwardly by the road marked D. And I direct the fences on the northeastwardly and northwestwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Sarah Strong for her life, and after her death to the person or persons entitled thereto, under Thomas Strong, deceased, according to his and their estate in the same, apiece of land other part of the said commons on Liscard Moor aforesaid, marked upon the said map No, 24, containing one rood and twenty- nine perches or thereabouts, bounded northeastwardly by an allotment No. 25 to Thomas Molyueux, southeastwardly by an allotment No. 18 to the devisees or heir at law of John Deane, senior, deceased, southwestwardly by an allotment No. 22 to the persons claiming under Daniel Deane, deceased, and northwestwardly by the public road marked D. And I direct the fences on the north- eastwardly and northwestwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Sarah Strong for her life, and after her death to the persons or person entitled thereto under the said Thomas Strong according to his her and their estate in the same, another piece of land other part of the said commons on Liscard Common aforesaid, marked upon the said map No. 45, containing twelve acres and thirty-nine perches or thereabouts, bounded north- wardly l)y an allotment No. 44 to John Penkett Esquire, eastwardly by an allotment No. 43 to the said John Penkett, southwardly by an allotment No. 46 to James Mainwaring Esquire, and westwardly by the private road marked K. And I direct the fences on the southwardly and westwardly sides of the said allotment to be made, and for ever afterwards kept in repair by the owner thereof. And I declare that such allotment is so made part in right of the ancient inclosed lands in Liscard unsold, of which the said Thomas Strong, died, seized and in part right of lands l)y him sold to Jonathan Deane, Joseph Deane, and Thomas Wilson respectively, the common right in respect of which by the several conveyances thereof was reserved to the said Thomas Strong, his heirs and assigns. I also set out and allot unto the person or persons intitled thereto in respect of the estate held by Daniel Deane, lately deceased, according to his, her or their estate, therein a piece of land other part of the said conunons on Liscard Moor aforesaid, marked upon the said map No. 22, containing one acre and twenty-two perches or thereabouts, bounded northeastwardly l)y an allotment No 24, to Sarah Strong, southeastwardly in part by an allotment No. 18, 38 49 Geo. III. Cojmnisaioner's Awards ch. ciii. Liscard Tnclosure. to the representatives of John Deane, senior, deceased, and in other part by an allotment No. 19, to James Mainwaring, Esquire, south - westwardly by an allotment No. 21, to persons intitled in respect of an estate late belonging to Thomas Twist deceased, and northwest- wardly by the public road marked D. And I direct the fences on the northwestwardly and northeastwardly sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the person or persons entitled thereto in respect of the estate in Liscard aforesaid in which Daniel Deane, latelv deceased, had a life estate or life interest therein according to his, her or their estate therein, another piece of land other part of the said commons on Liscard Moor aforesaid, marked upon the said map No. 23, containing one rood and thirty perches or thereabouts, bounded northeastwardly by a house and garden late in lease to James Wade, southeastwardly by the public road marked D, westwardly by ancient inclosed lands belonging to the representatives of Thomas Twist deceased, and northwestwardly by ancient inclosed lands late in lease to the said James Wade, and I direct the fence on the southeastwardly side of such allotment to be made and kept in repair by the owners thereof. I also set out and allot unto the person or persons entitled thereto in respect of the estate in Liscard aforesaid, in which Daniel Deane lately deceased had a life estate or life interest according to his, her or their estate therein, a piece of land other part of the said commons on Liscard Common marked upon the said map No. 47, con- taining one acre three roods and thirty-two perches or thereabouts, bounded northwardly by an allotment No. 46, to James Mainwaring Esquire, eastwardly by an allotment No. 51, to the repi'esentatives of John Deane, senior, deceased, southwardly by an allotment No. 48, to the representatives of the said Daniel Deane, deceased, and west- wardly by the private road K. And I direct the fences on the south and westwardly sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto Samuel McDowall (to whom Thomas ' Deane the heir at law of Daniel Deane, deceased, hath sold and conveyed the same) his heirs and assigns a piece of land part of the said commons on Liscard Common marked upon the said map No. 55, containing four acres two roods and niiae perches or thereabouts, bounded on the north by an allotment No. la, to John Penkett Esquire, on the east l^y an allotment No. 56, to the said Samuel McDowall purchased from the Corporation of Liverpool, on the south by the public road marked E, and on the west by the private road i. And I direct the fences on the south and v.'est sides of the said allotment to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the person or persons intitled thereto in respect of the estate in Liscard aforesaid in which Daniel Deane, deceased, had a life estate or life interest therein according to his, her or their estate therein a piece of land, otlier part of the said commons on Liscard Common aforesaid, marked upon the said map No. 48, containing two roods and thirty-three perches or thereabouts, bounded northwardly by an allotment No. 47, to the 'id Geo. III. Commissioner'' s Award, ch. ciii. 39 Liscard Inclosure. representatives of the said Daniel Deane, and eastwardly by an allotment No. 51 to the representatives of John Deane, senior, deceased, southwardly by the public road E and westvvardly by the private road K. And I direct the fences on the south and west sides of the said allotment to be made and for ever afterw^ards kept in repair by the owner thereof. I also set out and allot unto William Stronge, his heirs, and assigns, to whom John Penkett, Esquire, has sold and conveyed the same, and who purchased from Jonathan Deane a piece of land, other part of the said commons on Discard Moor aforesaid, marked upon the said map No. 26, containing one acre or thereabouts, bounded eastwardly in part by the private road marked c and in other part by ancient inclosed lands belonging to Jonathan Deane, on the south-west by the public road marked A and on the north- west by the public road marked D. And I direct the fences on the eastwardly side as far as the road c extends and on the south-west and north-west sides to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said John Penkett, his heirs and assigns, to whom the said Jonathan Deane hath sold and conveyed the same, a piece of land, other part of the said commons on Liscard Common aforesaid, marked upon the said map No. 43a, containing five acres one rood and thirty-eight perches or thereabouts, bounded on the north and east sides by an allotment No. 43 to the said John Penkett, on the south by an allotment No. 44 to the said John Penkett, and on the west by the private road K. And I direct the fences on the south and west sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Penkett, to whom the said Jonathan Deane hath al«o sold and conveyed the same, another piece of land, other part of the said commons on Liscard Common aforesaid, marked on the said map No. 49, containing two roods and twenty-one perches or thereabouts, bounded on the north by the public road marked E, on the east in part by an allotment No. 50 to the said John Penkett, and in other part by ancient inclosed land belonging to the said John Penkett, on the south by ancient inclosed land belonging to the said Jonathan Deane, and on the south-west by ancient inclosed lands belonging to Sir Henry Poole, Baronet, and James Mainwaring, Esquire. And I direct the fences on the north and so far of the east fence as adjoins the allotment No. 50 to the said John Penkett to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Penkett, unto whom the said Jonathan Deane hath also sold and conveyed the same, another piece of land, other part of the said commons on Liscard Common aforesaid, marked upon the said map No. 53, containing one rood and twenty-six perches or thereabouts, bounded on the north by the public road marked E, on the east by the public road marked F, and on the southwardly side by ancient inclosed land belonging to the said Jonathan Deane, and I direct the fences on the north and east sides of the said allotment to be made, and for ever afterwards kept in repair by the owner thereof. 40 49 Geo. III. Comin'Dniioner's Award, cli. ciii. Liscard Inclosure. I also set out and allot unto the said John Penkett, his heirs and assigns to whom Bethia Andley hath sold and conveyed the same, another piece of land other part of the said commons on Liscard Common aforesaid marked upon the said map No. 44, containing four acres, two roods and twenty-four perches or thereabouts, bounded on the north by allotment No. 43a, on the east by an allotment No. 43, to the said John Penkett, on the south by an allotment No. 45 to Sarah Strong, and on the west by the private road marked K. And I direct the fences on the south and west sides of the said allotment to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said John Penkett, his heirs and assigns in right of his ancient inclosed lands in Liscard aforesaid, another piece of land other part of the said commons on Liscard Common aforesaid marked upon the said map No. 43, containing one hundred and forty-three acres, one rood and twenty-five perches, bounded on the north by the strand or shore of the sea, on the east by the strand or shore of the Eiver Mersey, on the south in part by an allotment No. 3a set out as a marl pit for the use of the public, in other part by an allotment marked with the letter D, by me sold to the said John Penkett, and by him since sold and conveyed to Thomas Twemlow and Samuel McDowall, in other part by an allot- ment No. 56 to the Corporation of Liverpool, since sold by them to the said Samuel McDowall, in other part by an allotment No. la to the said John Penkett, in other part by an allotment No. 52, to Gerard Stanley, in other part by an allotment No. 46, to James Mainwaring, Esquire, in other part by an allotment No 43a to the said John Penkett and in other part by the private road K, and on the west in part by the said allotment No. la, in other part by an allotment No. 45 to Sarah Strong, in other part by allotments No. 44 and No. 43a to the said John Penkett and in other part by an allotment marked with the letter F, sold to John Tobin, Esquire. And I direct the fences on the south and west sides of the said allotment (except where it adjoins the allotment marked No. 3a, the allotment D sold to the said John Penkett and the allotment marked F sold to the said John Tobin), to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said John Penkett his heirs, and assigns to whom Jonathan Deane hath sold and conveyed the same another piece of land other part of the said commons on Liscard Common aforesaid marked upon the said map No. 50, contain- ing two roods and eleven perches or tlaereabouts, bounded on the north by the public road marked E, on the south by ancient inclosed land belonging to the said John Penkett, and on the west by an allotment No. 49 to the said John Penkett. And I direct the fence on the north side of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Penkett his heirs and assigns a piece or parcel of land parcel of the said commons in Liscard aforesaid marked upon the said map No. 1a, containing six acres two roods and six perches, bounded on the north by an allot ■ ment No. 43 on the said map to the said John Penkett, on the east by the same allotment, on the south in part by an allotment 49 Geu. III. Commissioner'' s Award, cli. ciii. 41 Liscard Inclosure. No. 56 to Samuel McDowall purchased from the Corporation of Liverpool in other part by an allotment No. 55 to the said Samuel McDowall purchased from Thomas Deane, the heir at law of Daniel Deane deceased, and in other part by the road marked I on the said map, and on the west by an allotment No. 52, to Gerard Stanley. And I direct the fences on all sides of the said allotment to be made and for ever afterwards kept in repair by the owners thereof, which said several allotments so made to the said John Penkett, are in full satisfaction, not only for his right of common upon the said several commons or waste lands, in respect of his estates and of his purchases so made as aforesaid, but also in full satisfaction for his claim on the said commons in respect to the royalty of the said Manor of Liscard. I also set out and allot unto Ami Thompson, in respect of her estate in the said Township of Liscard, and to her heirs and assigns according to her estate therein, a piece or parcel of land, part of the said commons on Liscard Common aforesaid marked upon the said map No. 27, containing one acre one rood and twenty perches, or thereabouts, bounded nortlnvardly l)y the public road E, eastwardly and southwardly 1)}^ the private road i, and ancient inclosed lands belonging to Peter Ledder and the said Ann Thompson, and west- wardly by the boundary line dividing the Townships of Liscard and Wallasey. And I direct the fences on the north, and so far of the east and south sides of the said allotment as adjoins the road I, and on the westwardly side to be made, and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said Ann Thompson, in respect of the same estate and to her heirs and assigns according to her estate therein, a piece or parcel of land, other part of the said commons on Liscard Common aforesaid marked upon the said map No. 28, containing three roods and five perches or thereabouts, bounded northwardly by an allotment No. 4a, left for a marl pit, eastwai'dly by an allotment No. 30, to William Meadowcroft, soutuwardly by the public road marked E, and westwardly by the boundary line dividing the Townships of Liscard and Wallasey. And I direct the fences on the eastwardly, southwardly and westwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto William Meadowcroft, his heirs and assigns, a piece of land other part of the said commons on Liscard Common marked upon the said map No. 29, containing two roods and thirty-eight perches, or thereabouts, bounded northwardly by the public road E, eastwardly l)y ancient inclosed lands of the said William Meadowcroft, southwardly l)y ancient inclosed lands belonging to Peter Ledder, and westwardly by the private road I. And I direct the fences on the north and westwardly sides of the said allotment to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said William Meadowcroft, his heirs and assigns, another piece of land other part of the said commons on Liscard Connnon, marked upon the said map No. 30, containing one acre one rood and twenty-two perches or thereal)outs, bounded northwardly in part by an allotment No. -iA set out for 42 49 Geo. III. Coinmisaioiier^s Award, ch. ciii. Liscard Inclosure. marl, and in other part by an allotment No. 35 to John Leigh, Esquire, eastwardly by an allotment No. 31 to Elizabeth Johnson, southwardly by the public road marked E, westwardly in part by an allotment No. 28 to Ann Thompson, and in other part by the said allotment No. 4a set out for marl. And I direct the fences on the east and south sides of the said allotment to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto Elizabeth Johnson, in respect of her estate in the said Township of Liscard and to her heirs and assigns or according to her estate therein, a piece of land part of the said commons on Liscard Common, marked upon the said map No. 31, containing three acres, one rood and twenty-three perches, or thereabouts, bounded northw^ardly by an allotment No. 37, to John Egerton, Esquire, eastwardly in part by an allotment No. 34, to the Reverend Sir Henry Poole, Baronet, and in other part by an allotment No. 32, to William Peers, southwardly by the public road marked E, and westwardly in part by an allotment No. 30, to William Meadowcroft, and in other part by an allotment No. 35, to John Leigh, Esquire. And I direct the fences on the east and south sides of the said allotment to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto William Peers, his heirs and assigns, a piece of land other part of the said coinmons on Liscard Common, marked upon the said map No. 32, containing two roods and thirty- four perches, bounded northwardly by an allotment No. 34, to the Reverend Sir Henry Poole, Baronet, eastwardly by an allotment No. 33, to Alexander Bibby, southwardly by the public road E, and westwardly by an allotment No. 31, to Elizabeth Johnson. And I direct the fences on the east and south sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said Alexander Bibby, his heirs and assigns, a piece of land other part of the said commons on Liscard Common aforesaid, marked upon the said map No. 33, containing two roods and twenty- six perches, or thereabouts, bounded northwardly and eastwardly by an allotment No. 34, to the Reverend Sir Henry Poole, Baronet, on the south by the public road E, and on the west by an allotment No. 32, to William Peers. And I direct the fences on the south and east sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said John Leigh, his heirs and assigns, a piece of land part of the said commons on Liscard Common, marked upon the said map No. 35, containing one aci'e and thirty-three perches, or thereabouts, bounded northwardly in part by an allotment No. 36, to the Reverend George Briggs, and in other part by an allotment No. 37, to John Egerton, Esquire, eastwardly by an allotment. No. 31, to Elizabeth Johnson, southwardly in part by an allotment No. 30, to William Meadowcroft, and in other part by an allotment No 4a, set out for marl, and westwardly by the Ijoundary line dividing the Townships of Liscard and Wallasey. And I direct the fences on the east, on that part of the south adjoining the allotment No. 30, to William Meadowcroft, and on the west to be made and for ever afterwards kept in repair by the owners thereof. 49 Geo. Ill, Comiiiissio)ief''s Aivard, ch. ciii. 43 Liscard Inclosure. I also set out and allot unto the Reverend Geoige Briggs, his heirs and assigns, a piece of land other part of the said commons on Liscard Common, marked upon the said map No 36, containing one rood and twenty-two perches, or thereabouts, bounded northwardly and eastwardly by an allotment No. 37, to John Egerton, Esquire, southwardly by an allotment No. 35, to John Leigh, Esquire, and westwardly by the boundary line dividing the Townships of Liscard and Wallasey. And I direct the fences on the east, south, and west sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto John Egerton Esquire, his heirs and assigns, a piece of land other part of the said commons on Liscard Common, marked upon the said map No. 37, containing six acres and twenty-six perches, or thereabouts, bounded northwardly and eastwardly by an allotment No. 34, to the Eeverend Sir Henry Poole, Baronet, southwardly in part by an allotment No. 31 to Elizabeth Johnson, in other part by an allotment No. 35, to John Leigh, Esquire, and in other part by an allotment No. 36, to the Eeverend George Briggs, and westwardly in part by the said allotment No. 36, and in other part by the line of boundary dividing the Townships of Liscard and Wallasey. And I direct the fences on the south, and so far of the west fence as adjoins the boundary line aforesaid, to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Edward Wilcock, his heirs and assigns a piece of land other part of the said commons on Liscard Common marked on the said map No. 38, containing seven acres and twenty perches or thereabouts, bounded northwardly by an allotment No. 39, to William Groom, eastwardly by the private road K, southwardly by an allotment No. 34, to the Reverend Sir Henry Poole, Baronet, and westwardly by the boundary line dividing the townships of Liscard and Wallasey. And I direct the fences on the eastwardly, south, and west sides thereof to be made and for ever afterwards kept in repair by the owners thereof. 1 also set out and allot unto William Groom, his heirs and assigns a piece of land other part of the said commons on Liscard Common marked upon the said map No. 39, containing five acres one rood and thirteen perches or thereabouts, bounded northwardly by an allotment No. 40, to Jolm Deane, junior, eastwardly by a private road K, southwardly by an allotment No. 38, to Edward Wilcock, and westwardly by the boundary line dividing the townships of Liscard and Wallasey. And I direct the fences on the east, south, and west sides to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto Gerard Stanley, his heirs and assigns, a piece of land other part of the said commons on Liscard Common marked upon the said map No. 52, containing fourteen acres and fifteen perches or thereabouts, bounded northwardly by an allotment No. 43, to John Penkett, Esquire, eastwardly in part by an allotment No. la, to the said John Penkett, in other part by the said private road I, and in other part by an allotment No. 2a, set out for a stone quarry, southwardly in part by the said allotment No. 2a, and in 44 49 Geo. III. Comiuissioner'm Award, ch. ciii. Liscard Inclosure. other part by the public road marked E, and westwardly in part by an allotment No. 51, to the representatives of John Deane, senior, deceased, and in other part by an allotment No. 46 to James Main- waring, Esquire, and I direct that so far of the east fence as adjoins the road I, and so far of the south side as adjoins the public road E, and the fence on the whole of the west side to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Samuel McDowal, his heirs and assigns, to whom the Mayor, Bailiffs, and Burgesses of the Corporation of Liverpool have sold and conveyed the same, a piece or parcel of land other part of the said commons on Liscard Common marked upon the said map No. 56, containing five acres three roods and thirty perches or thereabouts, bounded northwardly by allotments No. la and No. 43 to John Penkett, Esq., eastwardly by an allotment D sold to the said John Penkett and by him since sold to Thomas Twemlow and Samuel McDowal, southwardly by the public road E, and westwardly by an allotment No. 55, to the said Samuel McDowal purchased from Thomas Deane the heir at law of Daniel Deane deceased, and I direct that the fences on the south and west sides thereof shall be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Mayor, Bailiffs, and Burgesses of the town of Liverpool aforesaid, in right of their estate there, a piece of land other part of the said commons on Liscard Common marked upon the said map No. 57, containing one rood and sixteen perches or thereabouts, bounded northeastwardly by the public road E, southwestwardly by the private road li, and westwardly in part by the Powder Magazines and in other part by ancient inclosed lands now or late belonging to William Meadowcroft, and I direct the fences on the northeastwardly and southwestwardly sides there- of, to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Mayor, Bailiffs, and Burgesses of the town of Liverpool aforesaid in right of their estate there another piece of land other part of the said commons on Liscard Common, marked upon the said map No. 58, containing one rood and live perches or thereabouts, bounded northeastwardly by the private road h, south- wardly by a garden belonging to William Peers, and westwardly in part by ancient inclosed lands belonging to the Eeverend Sir Henry Poole, Baronet, and in other part by the Powder Magazines. And I direct the fence on the north-eastwardly side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the same Mayor, Bailiffs and Burgesses, another piece of land other part of the said commons on Liscard Common, marked upon the said map No. 59, containing two roods and thirty-two pei'ches or thereabouts, bounded northwardly by the public road E, eastwardly by the strand or shore of the Eiver Mersey, and westwardly by the road G. And I direct that the fences on all sides of the said allotment are to be made and for ever after- wards kept in repair by the owners thereof. And I Award and direct that the said several allotments, so by me set out as aforesaid within the said Township of Liscard, shall be by 49 Geo. III. CommifiHioners Aivard, cJi. cm. 45 Liscard Inclosure. __ the persons and body corporate to whom the same are so respectively allotted accepted, closed, and fenced in within three months from the date of this my Award. And that the same are in full of their respective rights of common in and upon the said several commons and waste lands so directed to be inclosed as aforesaid. And I declare that the quantities of all the said lands to which this Award has reference are in statute measure, and that the quantities and descriptions are accurately set down in the words of this my Award, but as figures and lines on maps are more certain in the description and boundaries of small allotments than words, I do hereby declare that if any doubts should arise the map must decide the doubt. And I order and direct, that the several private ways and roads hereinbefore set out and appointed shall be made and at all times for ever thereafter, be supported and kept in repair by and at the expense of the owners and proprietors for the time being of the lands and grounds so inclosed as aforesaid, according to an equal rate or assess- ment to be from time to time made as the same may become necessary. In witness whereof I have hereunto set may hand and seal, that is to say, my hand to the first fourteen skins and my hand and seal to tliis fifteenth and last skin, my hand and seal this second dav of November, one thousand eight hundred and thirteen. This Award was signed, sealed and published by the said James Boydell (being first duly stamped) in the j ^ presence of <' ^^^^^^s 15oydell. Edvv. Eyes. Syl. Heelis. I hereby certify that the foregoing is a true copy of a copy of an Award ])earing date the second day of November, one thousand eight hundred and thirteen, under the hand and seal of James Boydell, of Rosset, in the County of Denbigh, Gentleman, the Commissioner named and appointed in and by an act of Parliament, made and passed in the forty-ninth year of the reign of his then present Majesty King George the Third, intituled " An Act for enclosing Waste Lands in the Township of Liscard, in the Parish of Wallasey in the County Palatine of Chester " deposited in the oflice of the Clerk of the Peace for the County of Chester, on the fourth day of November, one thousand eight hundred and fourteen. Dated this ninth day of August, one thousand eight hundred and sixty-six. Thomas Egberts, Deputy Clerk of the Peace for the County of Chester. 46 54 Geo. HI. Session 1814. ch. Ixxxvii. THE WALLASEY & WEST KIRBY INCLOSURE ACT, 1814. {54 Geo. III. c. 87.) AEEANGEMENT OF SECTIONS. Preamble. section. Commissioner ... ... ... ... ... ... ... 1 For appointing new Commissioner ... ... ... ... 2 Notice of meeting for the appointment of a new Commissioner 3 Notice of sittings to put Act in execution ... ... ... 4 Other notices ... .. ... ... ... ... ... 5 Commissioner to determine disputes ... ... ... ... 6 Persons in possession not to be molested without due course of Law ... ... ... ... ... ... ... 7 Power to award Costs ... .. ... ... .. ... 8 For determining disputed Claims ... ... ... ... 9 Action not to abate by death of parties... ... ... ... 10 In cases of deaths of parties before Actions brought, the same to be carried on and defended in their Names ... ... 11 Suits respecting Titles not to impede the execution of the Act 12 Deaths of parties not to suspend the execution of the Act ... 13 Commissioner to determine Encroachments ... .. ... 14 Drains, &c.... ... ... ... ... ... ■■• ... 15 Apportioning allotments to the respective parties ... ... 16 Allotments for Stone and Marl ... ... ... ... ... 17 Allotment for sale to pay expenses .. ... ... ... 18 To be sold by Auction ... ... ... ... ... ... 19 Division of expenses ... ... ... ... ... ... 20 Making good Deficiency ... ... ... ... ... ... 21 Allotment of the Eesidue... ... .. ... ... ... 22 Sand Hills to remain open .. ... ... ... 23 Allotment to the Eectors in respect of their Glebe Lands, to be fenced at the expense of the other Claimants . . ... 24 54 ffeo. III. The Wallasey and West Kirhy ch. Ixxxvii. Inclosure Act, 1814. 47 Exchanges... Not to revoke -wills To set posts and rails to preserve Quicksets Eights in Inclosures may be sold separate which gives the Right Right of common to cease Commissioner's Allowance Accounts to be settled by Justices Money advanced to be repaid with interest Award to be deposited Appeal Saving Manorial Rights ... General Saving ... ... ... ... Act to be given in evidence as Public Act from the SECTION. 25 26 27 Estate 28 29 30 31 32 33 34 35 36 37 48 54 Geo. III. The Wallasei/ and West Kir bij cli. Ixxxvii. Inclosure Act, 1814. AN ACT for inclosing Lands in the Parishes of Wallasey and West Kirby, in the County of Chester. 27th May, 1814. WHEEEA8 there are within the Township of Wallasey, in the parish of Wallasey, in the county of Chester, divers commons and waste lands containing ahout three hundred and twelve acres of statute measure, exclusive of certain land covered with sand hills on the north-west side of part of the said commons ; and there is within the said Township of Wallasey, a certain tract or parcel of open and undivided land, called Wallasey Pasture, containing about two hundred and twenty acres of statute measure ; and there are within the Township of Poolton-cum-Seacombe, in the said parish of Wallasey, divers other commons and waste lands, containing eighty- two acres of statute measure, or thereabouts ; and there is vdthin the parish of West Kirby, in the said county, a certain other tract or parcel of common land, called The Carr, containing about two hundred and four acres of statute measure, adjoining the Townships of Grange, Little Meols, and Newton-cum-Larton, in the said parish of West Kirby, and on which the owners of lands in those several Townships have right of common : and whereas Eobert Vyner, Esquire, and John Egerton, Esquire, are joint lords of the manor of Wallasey aforesaid ; and Richard Smith, Esquire, is or claims to be lord of the manor of Poolton-cum-Seacombe aforesaid ; and James Mainwaring, Esquire, also claims some right oi- title to, or interest in, the said last-mentioned manor ; and John Leigh, Esquire, is lord of the manor of Grange, in the said Parish of West Kirby, in which manor the said piece of land called The Carr is situate : And whereas the Right Reverend the Bishop of Chester is patron of the Rectory and Parish Cliurch of Wallasey aforesaid, and the Reverend Augustus Campbell, Clerk, is the Rector of the said Parish and Parish Church ; and the Dean and Chapter of the Cathedral Church of Chester are Patrons of the Rectory and Parish Church of West Kirby aforesaid ; and the Reverend Thomas Trevor Trevor, Clerk, is the Rector of the said Parish and Parish Church : And whereas the said Robert Vyner, John Egerton, Richard Smith, James Mainwaring, and John Leigh, and also Sir Henry Poole, Baronet, John Tobin, Joseph Green, Joseph Molyneux, Peter Ledsom, Joseph Jackson, George Cooper, William Bird, Robert Stanley, John Meadows, William Dean, Robinson Dean, Richard Hilliard, and several other persons, are owners and proprietors of divers messuages, tenements, lands, and hereditaments within the said Townships of Wallasey and Poolton-cum-Seacombe, and are respectively entitled to right of common on the said commons and waste lands in Wallasey and Poolton-cum-Seacombe, in which Townships their messuages, 54 Geo. III. The Wallaseij ait d West Kirhy cJi.lxx.n-iL 49 Iiiclosure Act, 1814. lands, and tenements respectively lie ; and the said John Leigh, Sir Sec. 2 Thomas Stanley Massey Stanley, Baronet, the Eeverend Edward Stanley, the Eeverend Eoger Jackson, and several other persons are owners of estates within the said Townships of Grange, Little Meols and Newton-cum-Larton respectively, and are entitled to right of common on the said piece of land called The Garr ; and some of the said persons hefore named, and others, are possessed of or entitled to the said piece of land called Wallasey Pastm-e, in certain shares and proportions called cowgaits ; hut the same cowgaits lie open to each other, and are undivided, although the numher of such cowgaits belonging to each person is well known and ascertained, and the owners of such cowgaits are also entitled to right of common on the said commons and waste lands in the Township of Wallasey : And whereas an Act was passed in the forty-first year of the reign of His 41 G. 3. present Majesty, intituled an act for consolidating in one act certain provisions usually inserted in acts of inclosure, and for facilitating the mode of proving the several facts usually required on the passing of such acts : And whereas the said several commons and waste lands, and the said cowgaits and Garr hefore specified, in their present state are of little value, and if divided into specific allotments and inclosed would be considerably improved ; but such division and inclosure cannot be made and rendered effectual without the aid and authority of Parliament : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the King's most Excellent Majesty by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that the said commons and waste lands within the said several Townships of Wallasey and Poolton-cum- Seacombe, and the said cowgaits and Garr respectively, shall be set out, allotted, and divided, as soon as conveniently may be ; and that Commis James Boydell of Eossett, in the county of Denbigh, Gentleman, shall sioner. l)e and he is hereby appointed the Commissioner for setting out, allotting, and dividing the same, and for carrying this and the said recitedact into execution, subject to the regulations of the said recited act, except in such cases w^here the same are hereby varied or altered. 2- And be it further enacted, that if tlie said James Boydell, or any For appoint- succeeding commissioner to be appointed as hereinafter mentioned, shall i"g new Corn- die, or refuse to act, or be rendered incapable of acting by sickness, or any other cause, it shall be lawful for a majority in value (such value to be ascertained by the Assessment of the Land Tax) of the owners and proprietors of messuages, lands, tenements, or heredita- ments in the said several townships of Wallasey, Poolton-cum -Sea- combe, Grange, Little Meols, and Newton-cum-Larton, having Eight of Gommon there, and also of the owners of the said cowgaits, being present at a meeting to be called as hereinafter mentioned, by writing under their hands, to appoint another Gonnnissioner (not interested in the premises) in the room or place of the said James Boydell, within six weeks next after such death, refusal, or incapacity shall be made known, and so from time to time as such Gommissioner so to be appointed as aforesaid may happen to die, or refuse, or become incapable to act, to appoint anotlier Gommissioner in the like manner ; and every such new Commissioner so to be appointed, having taken and siiliscrilied the oath required to ho taken by the said recited Act, sliall have such and the like powers and authorities E 50 54 fieo. III. The Wallasey and West Kirhij Inclosure Act, 1814. ch. Ixxxvii Notice of meeting for the appoint- ment of a new Commis- sioner. Notice of sittings to put Act in execiitiou. Sec. 3^8 by virtue of this Act, as if he had been originally named and appointed a Commissioner in and by this Act. 3. And be it further enacted, that such meeting for the appoint- ment of a new Commissioner shall be called of the several persons interested in the said commons and waste lands, and in the said cowgaits and Carr before specified, and shall be held at some con- venient place in the Townships of Wallasey, Little Meols, or Grange, and that notice of such meeting shall and may be given by order of any five or more persons interested in the lands and grounds to be allotted, divided, and inclosed hy vn-tue of this Act, by fixing such notice on the Parish Churches of Wallasey and West Kirby aforesaid, on three Sundays next immediately preceding such meeting, and also by publishing the same in one of the Chester newspapers fourteen days previous to such meeting. 4. And be it further enacted, that the said Commissioner shall and he is hereby required to cause notice to be inserted in one of the Chester weekly newspapers of the time and place of his first sitting, to put this Act into execution, at least twenty-one days before the day of such sitting, and which shall be at some convenient place within some one of the said Townships ; and the said Commissioner shall and may afterwards proceed in the execution of this Act, and from time to time adjourn to such time and place within the said Town- ships respectively, or within eight miles thereof, as he shall think proper. 5. Provided always, and be it enacted, that all other notices requisite or necessary to be made and given hy the said Com- missioner, shall be so made and given by advertisement in one of the said Chester newspapers. 6. And be it further enacted, that if any dispute or difference shall arise between any of the parties interested, or claiming to be interested, in the lands and grounds to be divided, allotted, and inclosed in pursuance of this Act, or any part thereof, touching or concerning the several rights and interests which they or any of them have, or shall have, or claim to have, in, over, upon, or out of the said lands and grounds, or any part thereof, or touching or concern- ing any matter or thing relating to the said division, allotment, and inclosure, it shall be lawful for the said Commissioner, and he is hereby authorized to examine into, hear, and determine the same : provided always, that nothing in this Act contained shall authorize the said Commissioner to determine the title to any messuages, lands, tenements, and hereditaments whatsoever. 7. Provided also, and be it further enacted, that nothing in this Act contained shall extend to enable the said Commissioner to determine any right between any parties, contrary to the possession of any such parties (except as hereinafter particularly mentioned) ; but in case the said Commissioner shall be of opinion against the right of the person or persons so in possession, he shall forbear to make any determination thereupon till the possession shall have been given up by such person or persons or recovered from such person or persons by ejectment or other due course of law. 8. And be it further enacted, that in case the said Commissioner shall, upon the hearing and determination of any claim or claims, objection or objections, to be delivered to him in pursuance of this Other notices. Commis- sioner to de- termine Dis- putes. Persons in Possession not to be molested without due course of law. Power to award costs. 54 Ctpo. III. The Wallasey and West Kirb?/ ch.lxxxvii. 51 Inclosure Ad, 1814. ) Act, see cause to award any costs, it shall and may be lawful for him, Sec. 9 and he is hereby empowered, upon application made for that purpose, to settle, assess, and award such costs and charges as he shall think reasonable, to be paid to the party or parties in whose favour any determination of the said Commissioner shall be made, by the person or persons whose claim or claims, objection or objections, shall be thereby disallowed or overruled ; and in case the person or persons who shall be liable to pay such costs and charges, shall neglect or refuse to pay the same on demand, then and in such case it shall and may be lawful for the said Commissioner, and he is hei'eby required and authorized, by a warrant under his haiid and seal, directed to any person or persons whomsoever, to cause such costs and charges to be levied by distress and sale of the goods and chattels of the person or persons so neglecting or refusing to pay the same, rendering the overplus (if any), upon demand, to the person or persons whose goods and chattels shall have been so distrained and sold, after deducting the costs and charges attending such distress and sale. 9. And be it further enacted, that in case any person or persons For doter- interested or claiming to he interested in the said intended division mining dis- and allotments, shall refuse to leave his, her, or their claim oi- right ^™ ^ ^ aims. to the decision of the Commissioner, or shall be dissatisfied with any determination of the said Commissioner, touching or concerning such claim or riglit in, over, or upon the lands and grounds hereby directed to be divided, allotted, and inclosed, or any part thereof, it shall be lawful for the person or persons so refusing to refer such claim or right, or l^eing dissatisfied with any determination of the said Commissioner made respecting the same as aforesaid, to proceed to a trial at law of the matter in dispute at the then next or at the following Assizes to be holden for the said County of Chester ; and for that purpose the person or persons who shall so refuse to refer as aforesaid, or shall l)e dissatisfied with the determination of the said Commissioner, shall, upon giving notice in writing to the said Commissioner of his, her, or their intention to bring an action, cause an action to be l^rought in one of His Majesty's Courts of Eecord, at Westminster, upon a feigned issue against the person or persons with whom such question of claim or right may have arisen, or in whose favour such determination shall have been made, within three calendar months next after such refusal or determination as aforesaid, as the case may be ; and the defendant or defendants in such respective action or actions shall, and he, she, and they is and are hereby required to name an attorney or attornies who shall appear thereto, or file common bail, and accept one or more issue or issues, whereby such claim or claims, and the riglit or rights thereby insisted on, may be tried and determined, such issue or issues to be settled by the proper officer of the Court in which the said respective action or actions shall be commenced, (in case the parties shall differ about the same,) and the verdict or verdicts which shall bo given upon the trial of such action or actions shall be final, binding, and conclusive upon all and every person and persons whomsoever, unless the Court wdierein such action or actions shall be brought shall set aside such verdict or verdicts, and order a new trial to be had therein, which it shall be lawful for the Court to do, as is usual in other cases ; and after such verdict or verdicts 52 '^4 Geo. III. TJie WaJIasei/ and West Kirh// ch.lorxxrii. Inclo.wre Act., 1814. Sec. 10 — 13 shall be obtained, and not set aside by the Court, the said Commissioner shall and he is herel^y required to act in conformity thereto, and to allow or disallow the claim or claims thereby determined, according to the event of such trial or trials : Provided always, that in case such refusal to refer shall not be signified as aforesaid, or in case the determination of the said Commissioner, touching such claim or right in, over, or upon the lands and grounds hereby directed to be divided, allotted, and inclosed, oi* any part thereof, shall not be objected to, or lieing objected to, the party or parties objecting shall not cause such action at law to be brought and proceeded in as aforesaid, then the determination of the said Commissioner shall be final and conclusive upon all parties. Action not 10. And be it further enacted, That if any of the parties in any to abate by action to Idc lirought in pursuance of this Act shall die pending the death of same, such action shall not abate by reason thereof, but shall be pai les. proceeded in as if no such event had happened. In cases of 11. Provided always, and be it further enacted, That if any deaths of person or persons with whom any such question of right may have parties before arisen, or in whose favour any such determination as aforesaid in-ouoht the '^^^''^^^ have been made, and against whom any such action or actions same" to be might have been brought, if living, shall die before any such action carried on and shall have been brought, and before the expiration of the time by defended ni ^j-^jg \g^ limited for bringing such action or actions, it shall be eu names, jg^^f^^j Iq^ ^\-^q person or persons, bodies politic, corporate or collegiate, who might have ])rought such action or actions against the person or persons so dying, to bring the same within the time so limited against such person or persons as if actually living, and to serve the Clerks or Clerk of the said Commissioner with process for commencing such action or actions, in the same manner as the party or parties might have been served therewith if living ; and it shall thereupon be incumbent on the heir or heirs, or other person or persons, who shall question such claim or right, or demand the benefit of such determination as aforesaid, to appear to and defend such action or actions in the name or names of the person or persons so dead, and proceedings shall be had therein in the same manner as if such person or persons had been actually living, and the rights of all parties shall be equally bound and concluded by the event of such action or actions. Suits respect- 12. And be it further enacted. That if any suit or suits shall be ing titles not commenced or prosecuted, touching or concerning the title of any to impede the person or persons in or to any lands, tenements, or hereditaments, theTct°" ° ^°^' °^' "-^ respect of which any right or interest in, over, or upon the lands and grounds Jiereby directed to be divided, allotted, and inclosed, or any part thereof, shall be claimed, such suit or suits shall not impede, delay or hinder the said Commissioner from proceeding in the execution of the powers vested in him by this Act ; but the said division, allotment, and inclosure shall be proceeded in notwithstanding such suit or suits, and the allotment may be had and taken by the person or persons who, upon the determination of such suit or suits, shall become entitled to the same. Deaths of \Q And be it further enacted, That if any of the parties parties not interested in the said intended division or inclosure shall die before the execution ^^^^ same shall 1)6 completed, the powers and authorities hereby of the Act. ^4: Geo. III. Tlie Wallasey and West Kirhjj ch.lrxxciu 53 Inclosure Act., 1814. given to the said Commissioner, shall not Ije thereby determined Sec. 14 — 15 or suspended, but the said Commissioner shall proceed in the execution of the powers to him given by this Act or the said recited Act, in such manner as he might have done in case such parties had not died ; and the share or shares of the person or persons so dying, shall be allotted to such person or persons who by law shall become entitled to the same, and shall be accepted and fenced by him, her, or them, according to the directions of this or the said recited Act ; and he, she, or they, shall be liable to the charges and expenses, and other conditions of this and the said recited Act. 14. And be it further enacted, That it shall be lawful for the Commis- said Commissioner to enquire into and determine what incroachment sioncr to or incroachments hath or have been made upon or from the said f^p°™J?}J^° several commons or waste lands, or the said Carr respectively, by ments. any person or persons whomsoever, and that all such incroachments as shall have been made upon or taken from the said several commons and waste lands and Carr, within twenty years previous to the passing of this Act, shall be deemed part or parcel of the said several commons or waste lands, or Carr, by this Act intended to be inclosed, which said incroachments the said Commissioner is hereby directed to allot to such person or persons entitled to right of common upon the said several conunons and waste lands and Carr, as is or are or shall be in the possession thereof, for or in part of the allotment or allotments to be made to him, her, or them respectively by virtue of this Act, so that such incroachment or incroachments shall not exceed the allotment or allotments to be made to such person or persons in respect of his, her, or their right of common as aforesaid, and in the valuation of which incroach- ments respectively the said Commissioner shall not take into his consideration any improvements which may have l^een made thereon, nor estimate the same at any higher rate or value than the same respectively would have been estimated at had the same remained part of the said commons and waste lands and Carr, and had not been inclosed ; and all incroachments from the said commons or waste lands, or Carr, which have been held for twenty years or upwards, shall remain and be the property and as part of the ancient estate of the person or persons to whom the same respec- tively now belong, but no allotment shall l)e made to any person or persons in respect of any such lands so inclosed for twenty years or upwards. 15. And be it further enacted, That the said Connnissioner shall, Drains, &c. and he is herel)y authorised and empowered to set out and make such roads, ditches, drains, watercourses, bridges, walls, banks, tunnels, gates, stiles, and other works, and divert, alter, or change the course of any of the present roads, ditches, drains, or watercourses in, through, over, or upon the lands or grounds hereby directed to be divided, allotted, and inclosed, and every or any of them, and also to set out and make such roads from the said lands and grounds in, through, and over the said sand hills, to communicate with the strand or shore of the sea, as he the said Commissioner shall think proper and convenient, useful, or necessary ; and that all such roads, ditches, drains, and watercourses, bridges, walls, banks, tunnels, gates, stiles, and other works as shall be set out and made as aforesaid, shall be made, and from time to time amended, cleansed and repaired, by and 54 54 Geo. III. The Wallase/j and West Kirhij Inclosure Act, 1814. ■Ji. Ixxxrii Sec. 16 — 18 at the expense of the inhabitants of such of the said townships respectively in which the same may be, or of such persons interested in any of the lands or grounds hereby directed to be divided, allotted, and inclosed, and in such manner as the said Commissioner shall in that behalf by his Award, or by any other writing or writings under his hand, order, direct, or appoint : Provided always, that no water- course or stream shall be diverted or turned without the consent in writing of the ow^ner or owners of the lands from which such stream or watercourse shall be intended to be diverted or turned, and of the owner or owners of the lands into which the same shall be turned. Apportioning allotments to the respec- tive parties. Allotments for stone and marl. 16, And be it further enacted, That the part or share of the said commons and waste lands in the said Township of Wallasey, (exclusively of the said tract or parcel of land called Wallasey Pasture), to be allotted to the Lords of the said Manor, and also the part or share of the said commons and waste lands in the said Township of Poolton-cum-Seacombe to be allotted to the Lord of that Manor, shall be equal to one sixteenth part in value of such commons and waste lands to be inclosed respectively as the said value shall be ascertained by the said Commissioner, and that the said Commissioner shall set out and allot to the said John Leigh, as Lord of the said Manor of Grange, eleven acres (of statute measure) of the said tract or parcel of land called The Carr, by way of compensation. 17. And be it further enacted, That it shall be lawful for the said Commissioner, and he is hereby authorized and required, to allot and set out such parcel of land, in such part or parts of the said Carr, for the purpose of getting marl for the use of the land owners in the said Townships of Grange, Little Meols, and Newtou-cum-Larton, and also such parcel of land in such part or parts of the commons in the said several Townships of Wallasey and Poolton-cum-Seacombe, as he shall think proper, and by his x\ward direct, for the purpose of getting stone and marl for the use of the land owners within those townships respectively, but such stone and marl are not to be used elsew^here than in the said townships, for the use of which the same shall be respectively set out. [Lands allotted for stone and marl, when exhausted, may be sold, let, exchanged, or otherwise appropriated, Wallasey Improvement Act, 1845, sec. 84 ; Wallasey Improvement Act, 1858, sec. 68 ; Wallasey Improvement Act, 1864, sec. 20.] Allotment 18. And be it further enacted. That the proportion of the charges for sale to pay and expenses incident to and attending the obtaining and passing expenses. ^j-^jg ^g'^^ ^^^^ of carrying the same into execution, and of making any drains, watercourses, or fences, so far as regards the said piece of land called The Carr, shall be paid and borne by the several parties interested therein, according to an equal rate or assessment to be made by the said Commissioner on such several parties so interested (other than in respect of the said eleven acres so to be set out for the said John Leigh, as Lord of the said Manor of Grange) ; and that the said Commissioner, after the setting out such roads and ways on the said several commons and lands in the said Townships of Wallasey and Poolton-cum-Seacombe, as he may think requisite by virtue of the power herein-before given, shall set out and allot such part or parts of the said commons and lands in Wallasey and Poolton-cum- 54c Geo. III. Tlie Wallaseij and West Kirhy ch.lxxxvii. 55 Inclosure Act, 1814. Seacombe respectively, as will in his judgement, by sale thereof, Sec. 19 — 21 raise a sum of money sufficient to pay the proportionate charges and expenses of obtaining and passing this act, and carrying the same into execution, as far as regards the said commons and lands in the said Townships of Wallasey and Poolton-cum-Seacombe respectively. 19. Provided also, and be it further enacted, that it shall and To be sold may be lawful to and for the said Commissioner, after having set out ^>' auction, and allotted such part or parts of the said commons and lands in the said Townships of Wallasey and Poolton-cum-Seacombe, as will in his judgement be sufficient by sale thereof to pay such proportionate expenses as afox^esaid, to order and direct such part and parts of the said conmions and land to be advertised for sale, and sold by public auction at some convenient place in the said Townships, or one of them, at such time and times, and in such manner as he shall think proper. 20. Provided always, that no part of the expenses which, in the Divibion of judgement of the said Commissioner, may be incurred respecting the expenses, commons and waste lands in one of the said Townships, shall be charged to or form any part of the expenses which may relate to the other of the said Townships ; nor shall the expenses which in the judgement of the said Commissioner, may be incurred respecting the said parcel of land called Wallasey Pasture, be charged to the expenses which may relate to the commons and waste lands in that township, nor the expenses which may relate to the said piece of land called The Carr, be charged to any other of the said townships than those of Grange, Newton cum-Larton, and Little Meols : Provided also, that in case any surplus shall remain after all such charges and expenses as aforesaid shall have been fully paid and satisfied, such surplus shall be divided and apportioned between the several proprietors of the commons and lands hereby directed to be divided, allotted and inclosed, according to their several and respective interests therein, in case they shall be tenants in fee simple thereof, or otherwise, shall be applied and disposed of in manner directed by the said recited Act, whenever monies are to be paid for the purchase or exchange of any lands, tenements, or hereditaments, or of any timber or wood growing thereon ; and which money ought to be laid out in the purchase or exchange of other lands, tenements, or hereditaments, to be settled to the same uses. 21. Provided always, and l)e it further enacted, that if the Makinggood monies to be produced by such sale or sales as aforesaid, shall not be cleficiency. sufficient to pay such proportionate charges and expenses aforesaid, then the deficiency shall be borne by the proprietors of lands in the said townships of Wallasey and Poolton-cum-Seacombe, hereby directed to be allotted and inclosed, in proportion to the real value of their respective divisions and allotments ; such proportion to be settled and ascertained by the said Commissioner and shall be raised by a rate or rates, and be paid to such person or persons, and at such time or times as the said Commissioner shall, by notice in writing to be affixed on the outer door of the Parish Church of Wallasey, at least twenty-one days previous to the day of payment, order and direct ; and in case any person or persons shall refuse or neglect to pay his, her, or their share or proportion of the said 56 54 Geo. III. The Wallaaei/ and West Kirhij ch, Ixxxvii. Inclosure Act, 1814. Sec. 22 — 25 deficiency as aforesaid, then the same shall be levied and recovered in the manner directed by the said recited Act, in case the expenses of obtaining and executing this Act, so far as regards the said commons and lands in the said townships of Wallasey and Poolton- cum-Seacombe, had been directed to be paid, in proportion, ])y the proprietors of lands or gromids to whom allotments shall be made, instead of being raised by sale of land as aforesaid. Allotment of 22, And l)e it further enacted, that the said Commissioner the residue, shall, and he is hereby directed and required to divide, set out, and allot the residue and remainder of the said several commons and waste lands in the said several townships of Wallasey and Poolton- cum-Seacombe, and the said piece of land called The Carr, unto and amongst the several persons who, at the time of making such division and allotment, shall be entitled to right of common on such commons and waste lands, and on the said Carr respectively, in proportion and accordmg to their respective rights, property, and interest therein ; and that the said Commissioner shall, and he is hereby directed and required to divide, set out, and allot the residue and remainder of the said tract or parcel of land, called Wallasey Pasture, unto and amongst the several persons who, at the time of making such division and allotment, shall be entitled to cowgaits on the said land, in proportion and according to their respective rights, property, and interest in the same. Sand Hills to 23. And be it further enacted, that nothing herein contained remain open, shall be construed to authorize the said Commissioner to divide, set out, or allot any of the land covered with sand hills, on the north- west side of the said commons or waste lands, in the township of Wallasey aforesaid, beyond such line or extent of land as the said Commissioner may think fit for cultivation, but that the said sand hills shall remain uninclosed and open, for the better security and preservation of the land to the eastward and southward of the same, from the incroachments of the sea, and for which purpose such land covered with sand hills is hereby appropriated. [These sand hills placed under control of Wallasey Commis- sioners. — Wallasey Improvement Act, 1845, s. 85.] 24. And he it further enacted, that the several plots of lands and grounds, which shall be set out and allotted in right of the said rectories of Wallasey and West Kirby, in respect of the glebe lands, by virtue of this Act, shall be inclosed and fenced round with ditches, posts, and rails, or other proper mounds and fences ; and that the same shall be so made and done by or under the directions of the said Commissioner, and the expenses thereof shall be borne and paid as the expenses of this Act are hereby directed to l)e paid ; and the said ditches and fences, when properly made, shall for ever there- after be kept up, maintained and supported by and at the expense of the person or persons whom the said Commissioner shall direct to do the same. Exchanges. 25. And be it further enacted, that it shall and may be lawful to and for the said Commissioner to set"Out, allot, and award any allot- ment or allotments of the said several commons or waste lands, or any other lands, tenements, or hereditaments within the said parishes of Wallasey and West Kirby, or either of them, in lieu of Allotment to the Rectors in respect of their Glebe Lands, to be fenced at the expense of the other claimants. 54 Geo. III. The Wallaseij and WedKirhij ch. Ixxxcii. 57 Inclosure Act, 1814. and in exchange for any other allotment or allotments, or any other Sec. 26 — 27 lands, tenements, and hereditaments within the said parishes, or within any adjoining parish, hamlet, or township, provided that all such exchanges he ascertained, specified, and declared in the said Award of the said Commissioner, and he made with the consent of the owner or owners, proprietor or proprietors of the lands, tene- ments, or hereditaments which shall he so exchanged, whether such owner or owners, proprietor or proprietors shall he a hody or I:)odies politic, corporate, or collegiate, or a tenant or tenants in fee simple, or for life, or in fee tail general or special, or by the courtesy of England, or for years determinable on any life or lives, or with the consent of the guardians, trustees, feoffees for charitable uses, hus- bands, committees, or attornies of or acting for any such proprietors or owners as aforesaid, who at the time of making such exchange or exchanges shall be respectively infants, femes covert, lunatics, or under any legal disability, or who shall be beyond the seas, or other- wise disabled to act for themselves, himself, or herself, such consent to he testified in writing under the common seal of the body politic, corporate or collegiate, and under the hands of the other consenting parties respectively ; and all and every such exchange and exchanges so to be made, shall be good, valid, and effectual in the law to all intents and purposes whatsoever : provided, nevertheless, that no exchange shall be made of any lands, tenements, or hereditaments held in right of any church, chapel, or other ecclesiastical benefice, without the consent in writing of the patron thereof, and of the Bishop of the Diocese in which such lands, tenements, or heredita- ments so to be exchanged shall lie and be situate : provided always, that all costs, charges, and expenses attending the making any exchanges shall be paid and borne hy the several persons making such exchanges, in such manner and in such proportion as the said Commissioner shall by his Award order and direct. 26. Provided always, and be it further enacted, that nothing Not to re- lierein contained shall extend or be construed, adjudged, deemed, ^°^^ wills, or taken to revoke, make void, alter, or impeach any settlement, deed, or will whatsoever, or to prejudice any person or persons having any right, title, interest, claim, charge, or incumbrance whatsoever, in, out of, upon, or affecting any of the lands, or grounds to be divided and inclosed as aforesaid or any part or parcel thereof, but that the respective Shares of the said commons or waste lands so to be allotted or exchanged, shall, immediately after such allotments or exchanges, be, remain, and enure, and be held and enjoyed, and the several persons to whom the same shall be allotted and given in exchange, shall from thence- forth stand and be seised and possessed thereof respectivel}', by such tenure, for such estates, upon such and the same uses, for such trusts, and with such and the same powers, and subject to such and the same wills, limitations, conditions, settlements, trusts, provisions, remainders, reversions, debts, charges, and incumbrances, as the several messuages, lands, tenements, or hereditaments, in respect whereof such allotments or exchanges shall be made, were held, and stood se\erally limited or subject or liable unto at the time of making such allotments or exchanges. To set u t' 27. And he it further enacted. That it shall be lawful for all and p.c^J^^.'Jf *° every person or persons to whoni any allotment or allotments shall quickbetii. 58 5iGeo. III. The Wallaseij and Wed Kirhij Indosure Act. 1814. ch. /xxxvii. Rights in in- closures may be sold sepa- rate from the estate which right Sec. 28 — 30 be made by virtue of this Act from time to time, during the term of seven years from the signing of the said Award, to set down posts and rails, or other fences on the outside of the ditches bounding any highway or uninclosed lands, adjoining to his, her, or their allotment or allotments, for the preservation of the quicksets, not exceeding five feet from the line of inclosure, and at any time before the end of the said term to remove and carry away such posts, rails, and fences ; and it shall and may be lawful to and for the said Commissioner, ))y his Award, to order and direct by what person and persons the fences of the different allotments to be set out by virtue of this Act, shall be made and kept in repair. 28. And be it further enacted, That it shall be lawful for any person or persons interested in the said commons and waste lands to be inclosed by virtue of this Act, at any time before the execution of the award herein directed to l)e made by the said Commissioner, to the sell and dispose of all such estate, right, and interest as he, she or they now hath or have, or shall or may hereafter have, in respect of any allotment or allotments to be made by virtue of this Act, separate from svich estate in right whereof he, she, or they is, are, or shall be so entitled ; and that in case of any such sale it shall be lawful for the said Commissioner, and he is hereby authorized and required to allot the same to the purchaser or purchasers thereof respectively, who shall and may immediately after the execution of such award as aforesaid, have, hold, use, and enjoy such allotments, so by him, her, or them purchased as aforesaid, and shall and may have, use, and exercise any act of ownershij^ in, upon, over, and to the same, and be seised and possessed thereof, in as full, large, ample, and beneficial a manner, to all intents and purposes whatsoever, as the former proprietor or vendor thereof could or might have done, in case such sale or sales had not been made, but subject nevertheless to the several rules, orders, conditions, and restrictions mentioned and contained in this and the said recited Act. 29- And be it further enacted. That the several allotments, partitions, divisions and exchanges to be made, declared or approved by the said Commissioner, in and by his Award, shall be and are hereby declared to be final, binding, and conclusive upon the several parties interested in the said commons or waste lands, and all other persons, l)odies politic and corporate whomsoever, and from aiid immediately after the execution of the said Award, and the publication thereof, all right of common in. over, or upon the said several commons or waste lands and in, over, or upon the said Sand Hills, shall cease and be for ever extinguished. 30. And be it further enacted. That out of the money which shall be raised for defraying the expenses of obtaining and executing this Act, there shall be paid to the said Commissioner, as a recompense for his trou])le, the sum of three pounds and thiee shillings for each day he shall respectively act, or travel for the purpose of acting, or be returning home from acting, in the execution of this Act, and no more ; and that at all meetings to be held in pursuance of this Act, the said Commissioner shall defray his own expenses : Provided also, that all persons interested in the said intended division and inclosure, their attoi-nies and agents, shall pay their own expenses when they, or any of them, shall attend the said Commissioner upon any occasion relative to the execution of this Act. Right of common to cease. Commission- er's allow- ance. 5-^ Geo, III. The Wallaseij and West Kirhy chjxxxvii. 59 Inclosure Act, 1814. 31. And be it further enacted, That once at least in each and Sec. 31 — 34 every year, during the execution of this Act, (such year to be computed from the day of passing thereof) the said Commissioner Accounts to shall, and he is hereby required to make a true and just statement be settled by or account of all sums of money by him received and expended, or justices, due to him for his own trouble and expenses in the execution of this Act ; and such statement or account when so made, together with the vouchers relating thereto, shall be by him laid Ijefore any one Justice of the Peace for the County of Chester, to be by him examined and balanced, and such Balance shall be by such Justice stated in the book of Accounts to be kept in the office of the clerk to the said Commissioner ; and no charges or items in such accounts shall be binding on the parties concerned, or valid in law, unless the same shall have been duly allowed by such Justice. 32- And be it further enacted. That if any person shall advance Money any sum or sums of money for the piu'pose of defraying the expenses advanced to of obtaining and passing this Act, or of carrying the same into t>e i-epaid with execution, every such person shall be repaid the same, with interest, at the rate of five pounds per centum per annum, out of the first monies that shall be raised for defraying such expenses by virtue of this Act. 33- And be it further enacted. That the Award to be made by Award to be the said Commissioner, when enrolled in the manner directed by the deposited, said recited Act, shall, together with a map or plan tboreunto annexed, be deposited in the Parish Church of Wallasey. 34- And be it further enacted, that if any person or persons, Appeal. Ijodies politic or corporate, shall think himself, herself, or themselves aggrieved Ijy any thing done iu pursuance of the said recited Act or this Act, (except as to such claims, matters, and things as are hereinbefore dii'ected or authorized to be tried, settled, or determined by the verdict of a jury, or where any of the clauses or provisions of the said recited Act, or of this Act, shall express that the same shall be final and conclusive) then, and in every such case, he, she, or they may appeal to the General Quarter Sessions of the Peace, to be held at Chester or Knutsford, in and for the said County of Chester, within four calendar months next after the cause of complaint shall have arisen, every such appellant giving ten days' previous notice in writing to the parties to be appealed against, of the intention of bringing such appeal ; and the Justices at their said Quarter Sessions are hereby required to bear and determine tbe matter of every sucb appeal, and to make sucli order, and award such costs, as to them in their discretion sliall seem reasonable ; and by their order and warrant to levy the costs and damages whicb shall be awarded by the said Justices by distress and sale of the goods and chattels of the party or parties liable Lo pay the same, rendering the overplus (if any) to the owner or owners of such goods and chattels, after deducting the reasonable charges of every such distress and sale, which determination of the said Justices sball be final and conclusive to all parties concerned, and shall not be removed by certiorari, or any otber writ or process whatsoever, into any of His JNlajesty's Courts of Record at Westminster or else- where ; but in case such appeal sball appear to the said Justices to be frivolous, vexatious, or without foundation, then the said Justices 60 54 Geo. III. The Wallase/j and West Kirb/j Liclosare Act, 1814. ■Ji. Ixxxvii, Sec. 35 — 37 shall award such costs to be paid Ijy the appellant or appellants as to them in their discretion shall seeui reasonable. Saving INIaiio- rial rights. General saving. Act to be given in evidence as public act. 35. And be it further enacted, That nothing herein contained shall extend, or be construed to extend, to defeat, lessen, or prejudice, the right, title, or interest, of the Lord or Lords of the said several manors of Wallasey, Poolton-cum-Seacombe, and Grange, or any of them respectively, for the time being, of, in, and to any quit rents, chief rents, fee farm rents, incroachment rents, or other rents now payable, or to the seigniories and royalties incident and belonging to the said manors respectively ; but that the said Lord and Lords of the said manors respectively, and all and every person and persons claiming or to chum, by, from, under, or in trust for them respectively, shall and may from time to time, and at all times for ever hereafter, hold and enjoy all rents, services, courts, perquisites, and profits of courts, goods and chattels of felons and fugitives, felons of themselves and those put in exigent, deodands, w^aifs, estrays, forfeitures, and all other royalties, jurisdictions, privileges, pre-eminences, manorial jurisdictions, and appurtenances whatsoever, to the said manors respectively incident, appendant, belonging or appertaining (other than and except their respective rights of and in the soil of such parts of the said commons and waste grounds as shall be allotted by virtue of this Act to any person or persons), in as full, ample, and beneficial a manner, to all intents and purposes, as the said Lord and Lords could or might have held and enjoyed the same respec- tively, in case this Act or the said intended inclosure and division had not been made ; provided also, that nothing in this Act contained shall be construed to affect, prejudice, or lessen any of the rights of the said Eichard Smith in respect of his ancient ferry of Seacombe. 36. Saving always to the King's most Excellent Majesty, his heirs and successors, and to all and every person and persons, bodies politic and corporate, his, her, and their successors, executors, and administrators, all such estate, right, title, and interest, other than and except such as are hereby intended to he barred and destroyed, as they, every, or any of them had and enjoyed of, in, to, or out of the said several commons or waste lands at the time of passing this Act, or would or might have had or enjoyed in case this Act had not been made. 37. And be it further enacted. That this Act shall be prmted by the several printers to the King's most Excellent Majesty, duly authorized to print the statutes of the United Kingdom, and a copy thereof so printed by any of them, shall be admitted as evidence thereof by all Judges, Justices, and others. 54 Geo. HI. Commissioner'' i< Award , cJi. Jxx.rvii. 61 Wallasey Inclosnre. COMMISSIONER'S AWARD {Under 54 Geo. III. cap. 87.) WALLASEY INCLOSUEE. TO ALL TO WHOM THESE PEESENTS SHALL COME. I, James Boydell, of Roasett, in the County of Denbigh, gentleman, the Commissioner named and appointed in and by an of the reign of his late Majesty King George the third, intituled " an Act for inclosing lands in the Parishes of Wallasey and West Kirby, in the County of Chester," send greeting. Whereas I, the said Commissioner, having recited Act taken and subscribed the oath directed to be taken by the Act of the forty-first year of the reign of his said late Majesty intituled " an Act for consolidating in one Act certain provisions usually inserted in the mode of proving the several facts usually required in the passing of such Acts." Which oath is written on parchment and annexed to this my Award, and having made such survey, plan admeasurement and valuation as in the said to be made, and having given all such notices as by the said Acts or either of them ai'e directed, and having before I proceeded to make any provision or allotment under the said Acts, set out and appointed such public carriage roads and highways through and over the lands intended to be divided, allotted, and inclosed as I judged necessary, and in such directions as upon the whole appeared to me most connnodious to the public, and having ascertained the same by marks and bounds, and prepared a map in which such roads are accurately laid down and described, and deposited such map as by the said Act is directed, and having given such notices respecting such roads, and having called such meeting as by the said Act is directed. And I having also set out and appointed such private roads, footways, drains and watercourses, as I thought requisite, giving such notices in respect of the private roads or paths so set out as by tlie said Acts are required, and having in all other respects acted in pursuance of the directions of the said Acts, and having completed the division and allotment of the said commons and waste lands, and open and undivided and common land, by the said first-mentioned Act directed to be allotted and divided. Now I, the said Commissioner, do draw up, make, and publish this my Award, in writing, as directed by the said x\ct of the forty-first year of the reign of his said late Majesty. And I do direct that the three several maps or plans drawn on parchment and annexed to this my Award to be taken and deemed as part thereof. And I, the said Commissioner, do ascertain and find the contents of the several commons and waste lands, open and undivided laud and common land, by the first-mentioned Act, directed to be divided and allotted, to be as follows, as I compute the same, that is to say, I find the 62 Public Road E. Public Road F. Public Road K. Public Road L. 54 Geo. III. CommisHioner's Aicarrl , Wallasey Inclosnre. all. I r.rxrii. contents of the commons and waste lands in the Township of Wallasey, in the Parish of Wallasey, exclusive of the open and undivided land in the said Township called Wallasey Pasture, and also of the Sandhills, left open and uninclosed, according to the directions of the first recited act to the extent hereinafter mentioned to he six hundred and forty acres and five perches in statute measure in which measure I declare the contents of all and every part and parcel of the said commons and waste lands hy me hereinafter assigned and allotted, are so assigned and allotted, and I find the extent of the tract or parcel of open and undivided land in the said township of Wallasey, called Wallasey Pasture, to be two hundred and twenty acres two roods and twenty-seven perches, and I find the contents of the commons and waste lands in the Township of Poolton- cum-Seacombe in the said parish of Wallasey to be ninety-one acres two roods and twenty-five perches, and I find the contents of the tract or parcel of common land in the parish of West Kirl)y called the Carr to l)e two hundred and seven acres two roods and thirty-three pei'ches and with respect to the said commons or waste lands in the said township of Wallasey, other than and besides and exclusive of the said open and undivided land called Wallasey Pasture, I the said Commissioner do make my Award as follows, that is to say. In the first place I do hereby particularise and describe the public carriage roads highways and private roads so set out by me, through and over the same last mentioned commons and waste lands as afore- said, in manner following, tbat is to say, one public carriage road and highway in the said map marked with the letter E, on part of the commons and waste lands in Wallasey commencing at the end of the lane there leading through the Village of Wallasej^ to the Leasowe and continuing from thence northwardly to the allotment by me sold to the Eeverend Augustus Campbell aiid to the northern end of the said watering place. One other public carriage road and highway in the same map marked with the letter F, on part of the said commons and waste lands in Wallasey aforesaid, commencing at the said last mentioned road and running from thence eastwardly to the corner of a certain field in the occupation of George Fazakerley and from thence to a certain house there called Gills House or Hose Side. One other public carriage road and highway in the same map marked with the letter K, on part of the said commons and waste lands on Wallasey Leasowe of the width of ten yards which begins at the end of a public carriage road leading through ancient inclosed lands in the Township of Moreton belonging to Eobert Vyner, Esq., and forming a continuation of the public road over the pasture marked I in the said map, and runs from thence in a westvvardly direction to the boundary between the Townships of Great Meols and Wallasey. One other public carriage road and highway in the same map marked with the letter L, on part of the said commons and waste lands on Wallasey Brake of the width of ten yards beginning at the end of a public road set out by me, the said Commissioner, in the said Township of Poulton marked C in the said map hereunto annexed leading from Seacombe to Wallasey, and running in a northwardly direction along the lower side of the brake there to the southwest corner of a garden in Wallasey aforesaid belonging to George Cooper. 54 G-en. III. Commissioner's Aumrd, ch. Ixxxvii. 63 Wallasey Inclosiire. One other pul)lic carriage road and highway in tlie said map Public Road marked with the letters L L, on part of the said commons and w^aste -'-'■ ^■ lands on Wallasey Brake of the widtli of ten yards beginning at or near to the "Ship" public house l)elonging to George Cooper, and running in a nortliwardly direction along the lower side of the Brake to the southwest of ancient lands belonging to Sir John Tobin. One other public carriage road or highway in the same map marked Public Road with the letter M, on other part of the said commons and waste ^I. lands on Wallasey Brake, of the width of ten yards commencing from the west end of the lane leading from Liscard to Wallasey, and running from tlience in a northwardly direction on the eastward of the Parish Church of Wallasey aforesaid, towards Wallasey Village as far as the ancient highroad called Folly Lane, leading from Liscard to Wallasey. One other public carriage road or highw^ay in the same map Public Road marked with the letter N, on other part of the said commons and -^"■ waste lands on Wallasey Brake, of the width of ten yards, running from the west side of the said last-mentioned road along the south side of the yard of the said Paiish Church towards the Eectory and village of Wallasey. One other public carriage road or highway in the same map marked Public Road with the letter 0, of the width of ten yards, over part of the said ^■ commons and waste lands called Wallasey Leasowe which had been sold to Mrs. Boode who has since given up so much of the said lot sold to her, commencing at the strand or shore at the northwest corner of the said allotment sold to Mrs. Boode, and running from thence in a southwardly direction along the east side of the fence lately made by her adjoining to the Township of Great Meols as far as the ancient tract or road over Great Meols common which formerly led from Wallasey towards Hoylake, but which has been lately stopped up by me, the said Commissioner, as far as the limits ^of Wallasey Common. One other public carriage road on part of the said commons and Public Road waste lands on W^allasey Leasowe, of the width of ten yards, in the P- same map marked P, connmencing from the east side of the public road before set out b}' me marked F, and running from thence in a southwardly direction as far as the entrance of the road leading to the Magazines. One other public carriage oi' highway of the width of eight yards Public Road on other part of the said commons and waste lands, called Wallasey Q- Leasowe, in the same map marked with the letter Q, commencing at the north end of the public road over the Wallasey Pasture, in the map marked with the letter R, and running from thence in a north- wardly direction through allotments of Sir John Tobin and to the allotment sold to the Reverend Augustus Campbell. One private or occupation road on part of the said commons and Private Road waste lands on Wallasey Bi-ake, of the width of ten yards, in the O- same map marked with the letter 0, beginning on the east side of the before mentioned road marked LL, running from thence in a south- wardly direction along the east side of an allotment of the said commons intended to be made to George Cooper, then turning off and running in an eastwardly dii'ection to a field or ancient enclosed land in Wallasey belonging to Robert Vyner, Esquire, and then 64 54 Geo. Ill, Private Road P. Private Road Private Road R. Private Road S. Cominls^iouer''^ A ward, WaUaseij Inclosure. cJi. Ixxxvii. Private Road T. Private Road U. turning off and running in an eastwardly direction along allotments No. 73 made to the said Eobert Vyner, and No. 72 made to Sir John Grey Egerton, to the end of a lane leading from Wallasey to the Township of Liscard. One other private occupation road of the width of eight yards on other part of the said commons and waste lands on Wallasey Brake, in the same map marked with the letter P, commencing at the south side of tlie said last described private road marked 0, and extending from thence in a southwardly direction along the west end of a field belonging to Sir John Grey Egerton to the public quarry in Wallasey aforesaid. One other private or occupation road on other part of the said commons and waste lands on Wallasey Leasowe, in the same map mai'ked with the letter Q, of the width of six yards commencing at the south end of the said public road marked P, in Wallasey aforesaid, and running from thence in a southwardly direction along an inclosure in Liscard, belonging to Mrs. Thompson, to the ])oundary jjetween the Townships of Liscard and Wallasey. One other private or occupation road in the same map, marked with the letter E, on other part of the said commons and waste lands on Wallasey Leasowe of the width of six yards, commencing on the north side and at the east end of the said public road marked F, and running from thence along the west side of enclosures in the Township of Liscard, and along the east side of other part of the said commons in Wallasey, intended to be allotted to Mr. Davies and Mr. Groom to another piece of land part of the said commons intended to be allotted to Sir John Tobin, both which said roads marked Q and R, as aforesaid shall not be laid open, or the proprietors of the adjoining lands be compelled to fence the same, but that the persons for whose use they are intended and who shall be entitled thereto shall only have a right of way or passage of six yards wide through and over that part of the said allotments to Mr. Davies and Mr. Groom. Another private or occupation road on other part of the said commons and waste lands on Wallasey Leasowe, in the same map marked with the letter S, of the width of eight yards commencing from the north side of the public carriage road or highway marked F, running from thence in a northwardly direction along the west side of an allotment of the said commons sold by me the said Commissioner in pursuance of the directions of the said Act to Mr. John Davies, as far as the allotment by me sold to the Reverend Augustus Campbell in Wallasey aforesaid. Another private or occupation road on other part of the said commons and waste lands on Wallasey Leasowe, in the same map marked with the letter T, of the width of four yards commencing on the south side of the said public high road marked F, leading along the east side of an allotment sold by me to the Reverend James Smedley, to the north-east corner of a garden belonging to Mrs. Wother spoon. Another private or occupation road on other part of the said commons and waste lands on Wallasey Leasowe, in the same map marked with the letter U, of the width of eight yards commencing from the east side of the public road marked E, and running from 54 Geo. III. Commi^sio}ier'>i Aioard, cli. Ixxxvii. (35 Wallaseif Inclosure. thence in an eastwardly direction along the north side of a cottage messuage and land in the occupation of Margaret Deane to the lane leading from thence to the sandfields. One other private or occupation road on other part of the said Private Road commons and waste lands on Wallasey Leasowe, in the same map V. marked with the letter V, on other part of the said commons of the width of eight yards commencing in Wallasey aforesaid on the west side of a certain public carriage road and highway marked E, nearly opposite to the cottage belonging to Thomas Dean in Wallasey afore- said, and running thence in a westwardly direction over that part of the said commons called the Wallasey Leasowe to an allotment of the said commons next adjoining the Leasowe Castle sold by me, the said Commissioner, in pursuance of the directions of the said Act to Mrs. Boode. One other private or occupation road on other part of the said Private Road commons and waste lands on Wallasey Leasowe marked on the said ^• map with the letter X, of the width of eight yards, commencing at the public road leading from Wallasey to Hoylake opposite to and running from thence northwardly to the allotment marked A, sold to Mrs. Boode. And I, the said Commissioner, do direct that the said two private or occupation roads marked in the said map and S, shall be for ever afterwai'ds maintained and kept in repair by the proprietors and occupiers of lands in the Township of Wallasey, and that the four private or occupation roads marked in the said map P, Q, T and U, shall be for ever afterwards maintained and kept in repair by the owners or occupiers of the ancient lands to which the same lead, and shall be solely used and enjoyed by them, and that all other private or occupation roads by me set out as aforesaid, shall be for ever after- wards maintained and kept in repair by the several ownei's or occupiers of the lands adjoining to or abutting on the same, and shall be solely used and enjoyed by them. And I, the said Commissioner, have in this my Award set out and Watering Pit. allotted two watering places for the use and enjoyment of the inhabitants of the Township of Wallasey, one of which is mentioned and described in the allotment No. 71, hereinafter made to Sir John Tobin, and the other of which as follows, that is to say a piece or parcel of land with the watering pit thereon part of the said commons and waste lands on Wallasey Leasowe, containing two roods marked on the said map watering place, bounded northwardly and eastwardly by the allotment marked Q, and Iw me sold to the Reverend Augustus Campl)ell, southwaixlly by the allotment marked R, sold by me to George Peers, and westwardly by the public road E, and I direct that the walls or fences by me erected on the northward and eastward sides of the said watering place shall be for ever kept in repair by the inhabitants of the said Township of Wallasey, but that the same shall be discontinued to be a watering place on another watering pit being made and provided to the satisfaction of all ths inhabitants of Wallasey aforesaid. And in further execution of the said recited Acts, I direct and set Mari, out a piece or parcel of land part of the said commons and waste la. 3r. 30i). lands on Wallasey Leasowe for the purpose of getting marl for the use of the lords and landowners within tlie Township of Wallasey, 66 54 Geo. III. Quarry, 2a. Oi-. Op.' Sale allot- ment, Reverend James Smedley, A, 5a. Or. Ip. Sale allot- ment, James Smedley, B, 4 acres. Sale allot- ment, James Smedlev, C, la. Or. Op, Commissioner''^ A ward, Wallasey Inclosure, cli. ixxjvii. that is to say a piece or parcel of land containing one acre three roods and thirty perches marked upon the said map ^Yith the word Marl, bounded northwardly by the public road F, ea=twardly and southwardly by ancient inclosed lands belonging to Eobert Yyner, Esquire, and westwardly by No. 58 to Thomas Lowry. And in further execution of the said recited acts, I direct and set out a piece or parcel of land other part of the said commons and waste lands on Wallasey Brake in the said Township of Wallasey for the purpose of getting stone for the use of the lords and landowners within the said Tovrnship of Wallasey, that is to say, of land on Wallasey Brake containing two acres marked in the said map "Quarry" bounded northwardly in part by ancient inclosed land belonging to George Cooper and in other part by the allotment No. 74 to the said George Cooper and marked P, eastwardly by ancient inclosed lands belonging to Sir John Grey Egerton, Baronet. Eobert Vyner, Esquire and Sir John Tobin, Knight, in the said Township of Wallasey, southwestwardly by the several allotments on the said respectively to Sir John Tobin No. 76, No. 75 to Samuel Dean and by the allotment marked on the said map with the letter P, by me sold to Samuel Dean, and westwardly by the said public road L, and I direct that the site of the said part of the said allotment shall be reserved therefrom, and also as much of the said allotment as may be necessary for a road to the said school and for the purpose of repairing and upholding the same shall he let for ever afterwards for the said purpose. I have in the next place set out and allotted from and out of the said commons and waste lands in Wallasey aforesaid, the several parcels of land hereinafter mentioned for sale towards defraying the chai ges and expenses incident to and attending the obtaining, and passing the said Act, and of carrying the same into execution in the manner and as directed in the said Act, and which parcels of land are described as follows, that is to say, one part of the said commons and waste lands of Wallasey Leasowe in the said Township of Wallasey containing five acres and one perch marked upon the said map with the letter A, and by me sold to the Eeverend James Smedley, Clerk, bounded northwardly hy the allotment marked in the said Map Q, to the Eeverend Augustus Campbell eastwardly by the public road marked on the said map with the letter E, southwardly by an allotment marked with the letter B sold to the said James Smedley, and westwardly by an allotment No. 38 to the Eeverend Augustus Campbell. One part of the said commons and waste lands on Wallasey Leasowe aforesaid, marked on the said map B by me sold to the said James Smedley containing four acres, bounded northwardly by the before described allotment A, eastwardly by the said public road E, south- wardly in part by allotment C, in other part l)y allotment D, and in other part by allotment F, by me in like manner sold to the said James Smedley, and westwardly bv an allotment No. 38, to the said Eeverend Augustus Campbell. , One other part of the said commons and waste lands on Wallasey Leasowe aforesaid, marked on the said map C, by me sold to the said James Smedley, containing one acre, bounded northwardly by 54 Geo. III. ('onimissioner's Aivard, cJi. Ixxxvii. G7 Wallasey Inclosure. the before described allotment B, eastwardly by the said public road E, southwardly by the private road marked on the said map with the letter V, and westwardly l)y an allotment D, by me in like manner sold to the said James Smedley. One other part of the said commons and waste lands on Wallasey Sale allot- Leasowe aforesaid, marked on tlie said map D, by me sold to the said ment, James James Smedley containing two acres and thirty-two perches, bounded 2a^or %i\i ' northwardly by the Ijefore described allotment D, eastwardly by the before described allotment C, southwardly by the said private road V, and westwardly by an allotment F, in like manner sold to the said James Smedley. One other part of the said commons and waste lands of Wallasey Sale allot- Leasowe aforesaid marked on the said map E, by me sold to the ment, James said James Smedley containing two acres and thirty-two perches, .^"^a 32 bounded northwardly by the before described allotment " ' ' B, eastwardly by the allotment marked D, by me in like manner sold to tlie Reverend James Smedley, southwardly ])y the private road marked V, and westwardly by the allotment No. 38 on the said Leasow-e to the Reverend Augustus Campbell, and I direct tliat the whole of the fences to the several before described five allotments shall be made and for ever afterwards kept in repair by the owners thereof. One other part of the said commons and waste lands on Sale allot- Wallasey Leasowe aforesaid, marked on the said map F, containing "^ent. Rev. two acres and thirteen perches, by me in like manner sold to tlie gi-nedlev F Reverend James Smedley, bounded northwardly by the pul)lic road 2a. Or. I8p. ' marked F, eastwardly by the private road marked T, southwardly in part by ancient inclosed lands in the said Township of Wallasey belonging to Mrs. Wotherspoon, in other part by an allotment No. 65 on the said Leasowe to the said Mrs. Wotherspoon, west- wardly by the public road marked E in the said map. And I direct that all the fences to the said allotments save and except as much of the fence on the southward side as adjoins the ancient inclosed lands of Mrs. Wotherspoon shall be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons and waste lands on Wallasey Sale allot- Leasowe aforesaid by me in like manner sold to the said John ment, John Davies, marked in the said map G, containing forty-six acres oi^e ^^^^^^.' ^' lood and fifteen perches, bounded northwardly by the allotment '^' ^' ^' marked in the said map Q to the Reverend Augustus Campbell, eastwardly in part by allotment No. 48 on the said Leasowe to Sir John Tobin, Knight, in otber part by another allotment No, 49 to William Groom, and in other pai't by another allotment No. 50 to the said John Davies, southwardly i)y the paid public road F, and westwardly in part by the private road marked S, and in other part by the said allotment marked in the said map Q to the Reverend Augustus Campbell. And I direct that all the fences to the said allotment shall bo made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons and waste lands on Wallasey Sale allot- Leasowe aforesaid by me in like mannei- sold to the said John ment, John Davies, marked in the said map H, containing one rood and twenty- P^^^^'^S^' ihree perches, bounded northeastwardly by ancient inclosed land 68 54 Geo. III. Commissioned s Award, Wallasey InclosKre. ch. I r.r.rni, Sale allot- ment, William Peers, I, la. Or. Op. in the said township l)elonging to the said John Davies, eastwardly by the pubhc road marked P, southwardly by an allotment No. 52 to the said John Davies, and westwardly in part by ancient inclosed land belonging to the said John Davies, and in other part by ancient glebe lands belonging to the Eector of Wallasey, reserving to the said Eector of Wallasey and his tenants the ancient road from the said glebe lands through this allotment to the public road marked P. And I direct the fences on the eastward side of the said allotment to be made and for ever afterwards kept in repair Ijy the owner thereof. One other part of the said commons and waste lands on Wallasey Leasowe by me sold to William Peers, who never paid the purchase money for the same and is since deceased, and the Eeverend Augustus Campbell having paid to me such purchase money I do hereby at his request award the following allotment to the said Augustus Campbell, his heirs and assigns, the equitable purchaser thereof, and which is marked in the said map I, contahiing one acre, bounded northwardly in part by an allotment marked L, sold by me in like manner to Leigh Blundell, in other part by an allot- ment on the said Leasowe by me made to James Horrocks marked No. 3, eastwardly in part by the public road marked E, and in other part by the allotment marked K by me sold to Elizabeth Ashbrook, southwardly in part by the said allotinent sold to Elizabeth Ashbrook marked K in the said map, and in other part by an allotment on the said Leasowe by me made to Thomas Sparks marked No. 2, and westwardly by the said allotment marked L by me sold to Leigh Blundell. And I direct the whole of the fences to this allotment to be made and for ever afterwards kept in repair by the owner thereof, which allotment is subject nevertheless to such redemption as any person claiming under the said William Peers may have therein or thereto. One other part of the said commons and waste lands on Wallasey Leasowe by me sold to Elizabeth Ashbrook, marked on the said map K, containing twenty perches, bounded northwardly and westwardly by an allotment marked I by me sold to William Peers, eastwardly by the public road marked E, southwardly by an allotment on the said Leasowe by me made to Thomas Sparks, marked No. 2. And I direct the fences on the eastward and southward sides of the said allotment to be made and for ever afterwards kept in repair l)y the owners thereof. Sale allot- One other part of the said common and waste lands on Wallasey ment, Leigh Leasowe by me sold to Leigh Blundell, Esquire, marked in the said Blmidell, j^^^p -y^it}-^ ^^g letter L, containing five acres three roods and nineteen . a- !• P- perches, bounded northwardly by the private road V, over the said Leasowe eastwardly l:)y the several allotments on the said Leasowe marked respectively on the said map No. 7 made to Elizabeth Smith, No. 6 made to Mary Coventry, No. 5 made to John Woodfine, No. 4 made to Margaret Jones, No. 3 made to James Horrocks, I sold to William Peers, No. 2 made to Thomas Sparks, and No. 1 to George Evans, southwardly in part by ancient inclosed lands belonging to George Evans, and in other part hj an allotment on the Wallasey pasture marked No. 1, and made to the representatives of the late Eeverend George Briggs, and westwardly by an allotment on the Wallasey Leasowe marked No. 8a made to the representatives of the Sale allot- ment, Elizabeth Ashbrook, K, Oa. Or. 20p. 54 Geo. III. CuuL7nissiojier''.s Aioard, oh, IxxxviL 69 Wallasey Inclosure. late George Briggs. And I direct the fences on the northward side and the fences on the eastward side, except so much as adjoins the allotment marked I by me sold to William Peers and the fence on the westward side, to be made and for ever afterwards kept in repair by the owaier thereof. One other part of the said comuions and waste lands on Wallasey Sale allot- Leasowe by me sold to Mrs. Margaret Boode marked in the said map ^j'^^^^' with the letter M containing four acres and twenty-one perches i^/^a 0° 2l'p bounded northeastwardly by part of the next described allotment marked with the letter N, by me in like manner sold to the said Margaret Boode eastwardly by an allotment on the said Leasowe marked No. 22 made to Eol^ert Harrison and southwardly by ancient inclosed lands in the said Township of Wallasey belonging to the said Eobert Harrison and westwardly by ancient inclosed lands belonging to Mrs. Boode. One other part of the said commons and waste lands on Wallasey Sale allot- Leasowe by me sold to Mrs. Margaret Boode marked in the said map nient, with the letter N, containing nine acres three roods and ten perches ?^'^'^- ^o?^-^A being an irregular allotment bounded by the strand or shore of the ' ^' ' ^'' ^'" sea there and by the land covered with sand hills, by an allotment marked No. 25 the said Leasowe made to Mr. Eobert Harrison, by the private road marked V, by the before described allotment sold to Mrs. Boode marked M, by the garden wall and buildings belonging to Mrs. Boode by an allotment on the said Leasowe marked No. 23, made to Mr. Eobert Harrison, by the end of the private road X, by ancient inclosed land in the said township belonging to the said Eobert Harrison, and by an allotment marked 0, by me in like manner sold to Mrs. Boode, and by the pubhc road marked 0. One other part of the said commons and waste lands on Wallasey Sale allot- Leasowe by me also sold to Mrs. Margaret Boode marked i^ient, in the said map with the letter 0, containing nine acres, bounded q^'J ^^°^^q' northwardly in part l)y the end of the public road marked 0, ' ^' ^' ^'' and in other part by the last described allotment sold to Mrs. Boode marked N, southeastwardly by the said allotment to Mrs. Boode marked N, southwardly in part by ancient inclosed lands belonging to Mr. Eobert Harrison, and in other part by another allotment No. 24 on the said Leasowe made to the said Eobert Harrison, and westwardly in part by common land in the township of Great Meols, and in other part by the public road marked in the said map, and I direct the whole of the fences to the three last described allotments marked M, N and O to be made and for ever afterwards kept in repair by the owners thereof. One other part of the said commons and waste lands on the Sale allot- Wallasey Brake aforesaid, by me sold to Henry Johnson marked on ment, the said map witli the letter' P, containing one I'ood and thirty-two ^T^'^' perches, bounded northeastwardly by the public stone quarry on the p° oa! Ir.' 32p. said brake, southwai'dly by an allotment No. 75 to the said Henry Johnson, and westwardly by the pul)lic road marked L. And 1 direct the whole of tlie fences to the said allotment be made and for ever afterwards kept in repair by the owner thereof. Sale allot- ment, One other part of the said commons and waste lands being part of p , Llie commons in the township of Wallasey called Wallasey Leasowe, AuguS by me sold to the Eeverend Augustus Campbell, marked "in tlie said Campbell, g, 259a. 2r. 37p. 70 54 Geo. III. Co)}imissioner*s Award , cli. l.r.r.rrii- Wallasey Inclosure. map or plan with the letter Q, containing two hundred and fifty-nine acres, two roods and thirty-seven perches, bounded southwardly by the several allotments on the said Leasowe, by me made to Robert Harrison No. 25, Robert Vyner, Esquire, No/26, 27, 27F and 27G, Sir John Grey Egerton, No. 28 and 29, the public road marked on the said map with the letter Q, the allotment to Sir John Tobin No. 80, John Leigh, Esquire, No. 31, Joseph Greene, Esquire, No. 32, 32a and 33, Robinson Dean No. 34, the trustees of the late Matthew Taylor No. 35, Richard Smith, Esquire, No. 36, John Meadows No. 37, the said Reverend Augustus Campbell No. 38, the said allotment marked on the said map A, the said public road marked on the said map E, and the allotment marked on the said map R, by me sold to George Peers, the allotments made to George Cooper No. 43, to Joseph Hodgson No. 44, to Peter Ledsham No. 45, to William Dean No. 46, the heirs of Elizabeth Bird No. 47, by the private road marked on the said map S, by an allotment by me sold to John Davies marked G, and by an allotment to Sir John Tobin No. 48, eastwardly in part by the said allotment marked on the said map G, by me sold to John Davies, in other part by lands in Discard belonging to Sir John Tobin, northwardly l)y lands covered by sand hills by me left open and uninclosed as directed by the said Act to the extent of one hundred yards from the high water mark of the sea, there the boundary of which said one hundred yards I have ascer- tained and inarked by posts by me set down, there saving and reserving, nevertheless out of this allotment to all persons the road as now occupied, leading from Wallasey village to the sea-shore the road as now occupied leading under the allotment, by me sold to John Davies to the sea-shore, and also the road leading through and from the lands of Sir John Tobin to the sea-shore in the track now used ; and I direct the fences on the w^est side of the public road E to be for ever afterwards kept in repair by the owner of this allotment. Sale allot- One other piece or parcel of land, other part of the said commons ment, George and waste lands called Wallasey Leasowe, marked in the said map Peers, R. la. -with the letter R, containing one acre and two roods, by me sold to Op- George Peers, bounded southwardly by allotments made to George Cooper, No. 43, and Robert Stanley, No. 42, westwardly and northwardly by the watering pit and the road leading thereto, and eastwardly by the allotment marked Q by me sold to the Reverend Augustus Campbell. And I direct the fences on the westward, northward, and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. RobertVyner, And I set out and allot unto Robert Vyner, Esquire, his heirs and Esq. assigns, in respect of his royalty as one of the Lords of the Manor (Royalty), ^f \Vallasey aforesaid, and in satisfaction of his claims upon the V- ^3 If' said commons or waste lands as Lord of the said Manor, two pieces or parcels of land hereinafter described, and marked in the said map No. 21 and No. 26, which I estimate as equal to one-half of one-sixteenth part in value of the said commons and waste lands in the said Township of Wallasey other than the said tract of land called Wallasey Pasture, that is to say, a piece or parcel marked on the said map No. 21, containing six acres three roods and twenty- one perches, bounded northwardly by the private road marked on the said map V, eastwardly by an allotment No. 23b to the said Robert Vyner, southwardly by ancient inclosed lands belonging to 51 Geo. III. Co//iviissio?ier's Aivai-d, cJi. Lr.r.rrii. 71 Wallasey Tnclosure. Robert Harrison, and westwardly by an allotment No. 22 to the said Robert Harrison. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof, and also a piece or parcel of land marked on the said map No. 26, containing four acres and eleven perches, bounded northwardly by the allotment marked U, by me sold to the Reverend Augustus Campbell, eastwardly by an allot- ment No. 27 to the said Robert Vyner, Esquire, southwardly by the said private road V, and westwardly by an allotment No. 25 to Robert Harrison. And I direct the fences on the northward, east- ward, and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I set out and allot unto Sir John Grey Egerton, Baronet, his Sir J. G. heirs and assigns, in respect of his royalty as one of the Lords of Egerton, the Manor of Wallasey aforesaid and in satisfaction of his claim T^^''' ,. ^ upon the said commons or waste lands as one of the Lords of the 2 23 said Manor, two pieces or parcels of land hereinafter described and marked upon the said map No. 19 and No. 28, which I estimate as equal to one-half of one-sixteenth part in value of the said commons and waste lands in the said Township of Wallasey other than the said tract of land called Wallasey Pasture, that is to say a piece or parcel of land marked on the said map No. 19, containing two acres two roods and three perches, bounded northwardly by the said private road marked L on the said map, eastwardly by an allotment No. 18 to the said Sir John Grey Egerton, and southwardly in part by an allotment No. 8 to the said Sir John Grey Egerton on Wallasey pasture, and in other part by allotment No. 9 on the said pasture to Robert Vyner, Esquire, and westwardly by an allotment on the said Leasowe No. 20a to Robert Vyner, Esquire, and I direct the fences on the northward and w^estward sides thereof to be made and for ever afterwards kept in repair by the owners thereof. A piece or parcel of land marked in the said map No. 28, containing Sir J. G. five acres and thirty-seven perches bounded northwardly by an Egerton, allotment marked Q, by me sold to the Reverend i\ugustus ^^\' ,, . Campbell, eastwardly by the allotment No. 29 to Sir John Grey No°^28 5 Egerton, southwardly by the said private road marked V. on the said 37. map, and westwardly by the allotment No. 27G, on the said Leasowe to Robert Vyner, Esq, and I direct the fences on the northward, eastward, and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. And in further execution of the said recited acts I set out and allot Sir J. G. the residue of the said commons and waste lands in the Township Egerton, of Wallasey, other than the said common land called Wallasey ^^^^o o o Pasture, in manner following, that is to say, I do set out and allot 12. ' ' ' unto Sir John Grey Egerton, Baronet, his heirs and assigns, in right of his ancient inclosed lands in the said Township of Wallasey, to the uses and under the limitations in the will of Philip l*]gerton, late of Oulton Park, Esquire, deceased, respecting the same, a piece or parcel of land, part of the said commons and waste lands in Wallasey Leasowe, marked in the said map No. 18, containing eiglit acres two roods and twelve perches, bounded northwardly by the private road ovei' the said Ijeasowe marked with letter V, eastwardly by the public road marked Q, between this allotment and an allotment to Sir John Tobin marked No. 17, southwardly in part by an 72 54 Geo. III. Conunisaioiier^ Award, cli. Ixxxvii. Wallasey Inclosure. allotment on Wallasey Pasture, made to the said Sir John Tobin, marked No. 7b, and in other part by another allotment on the said pasture made to the said Sir John Grey Egerton marked No. 8, and westwardly by an allotment on the said Leasowe, made to the said Sir John Grey Egerton in his right as lord of the said manor of Wallasey aforesaid, and marked No. 19, and I direct that the fences on the northward and eastward sides thereof shall be made and for ever hereafter kept in repair by the owner thereof. SirJ. G. I also set out and allot unto the said Sir John Grey Egerton his ^^^^Q^iV heirs and assigns in right of his same ancient lands and in manner 3i°llp '^ ^^ aforesaid, a piece or parcel of land other part of the said commons and w-aste lands in Wallasey Leasowe, marked in the said map No. 29, containing seventeen acres three roods and eleven perches, bounded northwardly by the allotment marked Q, by me sold to the Eeverend Augustus Campbell, eastwardly by the public road marked Q, between this allotment and an allotment to Sir John Tobin marked No. 30, southwardly by the said private road marked V, and westwardly by an allotment heretofore made to the said Sir John Grey Egerton in his right as Lord of the said Manor and marked No. 28, and I direct the fences on the northward, eastward, and southward sides of the same allotment shall be made and for ever afterwards kept in repair by the owner thereof. SirJ. G. I also set out and allot unto the said Sir John Grey Egerton, his Egerton, heirs and assigns, in right of his same ancient lands and in manner No. 54, 0, 0, aforesaid, a piece or parcel of land, other part of the said commons and waste lands in Wallasey Leasowe, marked in the said map No. 54, containing seventeen perches, bounded northeastwardly by the public road marked F, in the said map eastwardly by an allotment to Mr. John Davies No. 53, and southwardly by ancient inclosed lands in Wallasey aforesaid, belonging to the said Sir John Grey Egerton, and westwardly by an allotment No. 55, to Mrs. Wade, and I direct the fences on the northeastward and westward sides thereof to be made and for ever afterwards kept in repair Ijy the owner thereof. Sir J. G. I also set out and allot unto the said Sir John Grey Egerton, Egerton, Baronet, his heirs and assigns, in right of the same ancient lands No. 66, 0, 0, Q^Ti^g^ [^^ manner aforesaid a piece or parcel of land other part of the said commons and waste lands in Wallasey Leasowe aforesaid marked in the said map No. 66, containing nineteen perches, bounded northwardly by an allotment No. 65 to Mrs. Wotherspoon, southeastwardly by ancient inclosed land belonging to the said Sir John Grey Egerton, southwardly by an allotment to Joseph Jackson No. 67, and westwardly by the public road marked E in the said map. And I direct the fences on the southward and westward sides to be made and for ever afterwards kept in repair by the owners thereof. Sir J. G. I also set out and allot unto the said Sir Jolm Grey Egerton, Egerton, Baronet, his heirs and assigns, in right of his ancient lands, and in ° ' ' ' ■ manner aforesaid, a piece or parcel of land, other part of the said commons and waste lands on Wallasey Brake, marked in the said map No. 72, and containing one rood and one percli bounded north- wardly by the private road marked in the said map, southeastwardly by ancient inclosed lands belonging to the said Sir John Grey Egerton, and southwestwardly in part by ancient inclosed lands 54 Geo. III. ConimisHioiier's Aicard, ch. Ixxxvli. 73 Wallasey Inclosure. belonging to Robert Vyner, Esquire, and in otlier part by an allot- ment to the said Robert Vyner, Esquire, marked No. 73. And I direct the fences on the northward side thereof shall be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said Sir John Grey Egerton' Sir J. G. Baronet, his heirs and assigns in right of his same ancient lands in Egerton, manner aforesaid, a piece or parcel of land, other part of the ^^°- ''^' 1' 1' said commons and waste lands on Wallasey Brake, marked iu the said map No. 78, containing one acre one rood and thirty-eight perches, bounded northwardly by an allotment to Joseph Jackson No. 77, eastwardly by ancient inclosed lands belonging to the said Sir John Grey Egerton, and southwardly by an allotment to Richard Smith. Esquire, No. 79, and westwardly by the public road marked L in the said map, and I direct the fences on the southward and westward sides thereof to he made and for ever afterwards kept in repair by the owmer thereof. I set out and allot unto Robert Vyner, Esquire, his heirs and RobertVyner, assigns in respect of his ancient inclosed lands in the said Township ^^''r^'^' ^^' of Wallasey a piece or parcel of land, part of the said commons or "' "' waste lands on Wallasey Leasowe marked in the said map No. 20, containing two acres two roods and twenty-eight perches, bounded northwardly by the private road marked V in the said map, eastwardly by another allotment made to the said Robert Vyner marked No. 20b, and southwardly by an allotment to the said Robert Vyner upon the Wallasey pasture No. 11, and westwardly by another allotment to the said Robert Vyner No. 20c. And I direct the fences on the northward and eastward sides thereof shall be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Rol)ert Vyner, Esquire, his RobertVyner, heirs and assigns in respect of his same ancient lands, a piece or Esq., No. 20a, parcel of land other part of the said commons and waste lands on the ^' ^' ^^• Wallasey Leasowe marked in the said map No. 20a, containing three acres one rood and twenty perches, bounded northwardly by the said private road V, eastwardly by an allotment to the said Robert A'yner Esquire, No. 20d, and southwardly by ancient inclosed land belonging to the said Robert Vyner, and westwardly in part by an allotment No. 20e to the said Robert Vyner and in other part by an allotment No. 20f to the said Robert Vyner, and I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Robert Vyner, Esquire, his RobertVyner, heirs and assigns, in respect of his same ancient lands, another piece or Esq.,No.20B, parcel of land other part of the said commons and waste lands on "*' ^> '^^■ Wallasey Leasowe, marked in the said map No. 20b, containing four acres and thirty-one perches, hounded northwardly by the said private I'oad V, eastwardly in part by an allotment No. 20e, to the said Robert \'yner, and in other part by ancient inclosed land belonging to the said Robert Vyner, southwardly in part by ancient inclosed lands belonging to the said Robei't Vyner, and in other part by ancient inclosed lands l-)elonging to Mr. Robert Harrison, and westwardly by an allotment to the said Robert Vyner, as one of the Lords of the said Manor of Wallasey No. 21, and I direct the 71 54 Geo. III. Gommmioiier's Award, ch. bxrvii. Wallasey Inclosure. .. . fences on the northward and eastward sides to l)e made and for ever afterwards kept in repair hy the owner thereof. RobevtVyner, I also set out and allot unto the said Eobert Vyner, his heirs and Esq., No. 27, assigns, in respect of his same ancient lands, another piece or parcel 3, 0, 29. q£ YB.ndi other part of the said connnons and waste lands in Wallasey Leasowe, marked in the said map No. 27, contaniing three acres and twenty-nine perches, bounded northwardly by the allotment marked Q, Iw me sold to the Eeverend Augustus Campl^ell, eastwardly by another allotment to the said Robert Vyner, No. 27f, southwardly by the said private road Y, and westwardly by an allotment to the said Robert Vyner as one of the Lords of the said Manor of Wallasey No. 2(3, and I direct the fences on the northward, eastward, and southward sides shall be made and for ever afterwards kept in repair by the owner thereof. RobertVyncr, I also set out and allot unto the said Robert Vyner his heirs and Esq., No. 20a, assigns in respect of his same ancient inclosed lands, another piece ^' ^' ^■'- or parcel of land, other part of the said commons and waste lands o)i the Wallasey Leasowe marked in the said map No. 20a, containing two acres three roods and twenty-one perches, bounded northwardly by the said private road V, eastwardly by an allotment to Sir John Grey Bgerton as one of the lords of the said manor of Wallasey No. 19, southwardly in part by an allotment to the said Rol^ert Vyner, Esquire, on the Wallasey pasture No. 9 and in other part by another allotment to the said Robert Vyner on Wallasey pasture No. 10, and westwardly by an allotment to' the said Robert Vyner No. 20b, but in making the allotment to the said RoVjert Vyner, Esquire, it is ^un meant and intended that Ann Rainford who holds the lands in right RainforcVs of which this allotment is made under a certain lease for three lives Leasehold. fi-om Robert Vyner, Esquire, is to hold and enjoy this allotment along witli the other lands comprised in such lease during her estate and interest therein, and I direct the fences on the northward and eastward sides to be made l)y the said Ann Rainford and kept in repair by her during her interest in such lease and afterwards the same are to be kept in repair by the owner or owners thereof. Hobci-tVyucr, I also set out and allot unto the said Robert Vyner, Esquire, his No. 20b, heirs and assigns in respect of his same ancient lands, another piece 1, 3, 23. Q^. pa^^.(,(.i Qf \.^y^^ otlier part of the said commons and waste lands in Wallasey Leasowe marked in the said map No. 20b, containing one acre three roods and twenty three perches, bounded northwardly by the said private road V, eastwardly by the allotment No. 20a to the said Rol^ert Vyner, southwardly by an allotment on the said pasture to the said Robert Vyner marked No 10, and westwardly by the allotment before made to the said Robert Vyner No. 20, but in making this allotment to the said Robert Vyner it is John meant and intended that John Webster who holds the land Webster's in right of which this allotment is made under a lease for the Leasehold. \[yQ^ of himself and Susa.nnah Egerton and Margaret Frankland from the said Robert Vyner, is to hold and enjoy this allotment along with the other lands comprised in such lease during his estate and interest therein, and I direct the fences on the northward and eastward sides thereof shall he made and kept in repair h\ the said John Wel)ster during the continuance of his interest therein and afterwards that the same shall be kept in repair by the owner and owners thereof. 54 Geo. III. Commissioner'' s Aiuard, ch. Ixxxvii. 75 Wallasey Inclosure, I also set out and allot unto the said Eobert Vyner, his heirs and Robei-tVyner, assigns, in respect of his same ancient lands a piece or parcel of land ?3a''^°"''^''^'"^' other part of the said commons and waste lands on Wallasey ""'' ' "' Leasowe marked in the said map No. 27g, containing twenty-two acres and two perches, bounded northwardly by the said allotment Q, by me sold to the Reverend Augustus Campbell, eastwardly by an allotment No. 28, to Sir John Grey Egerton as one of the lords of the said manor of Wallasey, southwardly by the said private road Y, and westwardly by an allotn:ient to the said Robert Vyner, No. 27f, but in making this allotment to the said Robert Vyner, Esquire, it is meant and intended that the said John W^ebster who holds the lands John in right of which this allotment is made under the said lease for the Webster's lives of himself and Susannah Egerton and Margaret Frankland from leasehold, the said Robert Vyner is to hold and enjoy this allotment along with the other lands comprised in the said lease during his estate and interest therein, and 1 direct the fences on the northward, eastward, and southward sides of the said allotment shall be made and kept in repair by the said John W^ebster during the continuance of his said lease, and afterwards shall be kept in repair by the owner or owners thereof. I also set out and allot unto the said Rol)ert Vyner, his heirs and l^obcrtVyner, assigns, in respect of his same ancient lands, another piece or parcel 2 o sr ^''^' of land other part of the said commons and waste lands on \\'allasey ' ' ' ' Leasowe marked on the said map No. 57, containing two acres and thirty-six perches, bounded northeastwardly by the public road F, eastwardly by an allotment No. 56 to John Leigb, Esquire, and southwardly and southwestwardly by ancient inclosed lands belonging to the said Robert Vyner, and in making this allotment it is meant and intended that the said John WY'bster who holds the John lands in right of which this allotment is made under the said lease Webster's from Robert Vyner, Esquire, should also hold this allotment during Leasehold, the continuance of his said lease, and I direct the fences on the northeastward side thereof shall be made and kept in repair by the said John Webster during the continuance of his said lease and afterwards shall be kept in repair by the owner or owners thereof. I also set out and allot unto the said Robert Vyner, Esquire, his RobertVyner, heirs and assigns in respect of his same ancient lands, a piece or Esq., No. 20c, parcel of land other part of tbe said connnons and waste lands on the *^' ^' '■^' Wallasey Leasowe marked in the said map No. 20c, containing three roods and two perches, bounded northwardly in' tbe said pi'ivate road )narked V, eastwardly by an allotment No. 20 before made to the said Robert Vyner, southwardly by ancient inclosed lands belonging to the said Robert Vyner, and westwardly by an allotment made to the said Robert Vyner on tbe Wallasev Leasowe No. 20d, but in making this allotment to the said Robert Vyner, it is meant and intended tbat Gerard Stanley who bolds the lands in right of which Gerard^ this allotment is made under a lease foi'tlie lives of himself and Thomas Stanley s Stanley and Elizabeth Hannnond from Robert Vyner, Esquire, is to hold and enjoy this allotment along with the other lands comprised in sucli lease during his estate and interest therein, and I direct the fences on tiie northward and eastward sides thereof shall be made and kept in repair by tbe said Gerard Stanley during the continuance of his said lease and afterwards to be kept in repair by tlie owner ov owners thereof. 76 54 Geo. III. Coiiunissioner^s A want, Wallasey Inclosure. cli. I rxxvii, RobertVvnei', Esq.,No.20D, 0, 3, 32. I also set out and allot unto assigns in respect of his the said Robert Vyner, his heirs and same ancient lands, a piece of land other part of the said commons and waste lands on Wallasey Leasowe marked on the said map No. 20d, containing three roods and thirty- two perches, bounded northwardly by the said private road V, eastwardly by an allotment No. 20c, to the said Eobert Vyner, southwardly by ancient inclosed lands of the said Eol^ert Vyner and westwardly by an allotment No. 20a, to the said Robert Vyner, but in making this allotment it is meant and understood that Peter Wilson who holds the lands in right of which this allotment is made under a lease for the lives of Rebecca Wilson, John Wilson, and Peter Wilson from the said Robert Vyner shall hold and enjoy this allotment along with the other lands comprised in such lease during his estate and interest therein and I direct the fences on the north- ward and eastward sides thereof to l^e made and kept in repair by the said Peter Wilson during the continuance of his said lease and shall afterwards be kept in repair by the owner or owners thereof. RobertVyner, I also set out and allot unto Robert Vjner, Esquire, his heirs and Esq.,No.20E, assigns in respect of his same ancient lands, a piece or parcel of land Peter Wilson "« Leasehold. 3, 2, 7. Thomas Hilliard's Leasehold. RobertVyner, Esq., No. 20f. 0, 0, 19. George Cooper. Purchase of Thomas Hilliard's Leasehold. other part of the said commons and waste lands on Wallasey Leasowe marked in the said map No. 20e, containing three acres two roods and seven perches, bounded northwardly in part by the said private road marked V in the said map and in other part by an allotment No. 20f to the said Robert Vyner, eastwardly in part by the said allotinent No. 20p to the said Robert Vyner, in other part by the said allotment No. 20a to the said Robert Vyner, and in other part by ancient inclosed lands belonging to the said Robert Vyner southwardly by ancient inclosed lands in the said township belonging to the said Robert Vyner, and westwardly by an allotment No. 20b to the said Robert Vyner, but it is meant and intended in making this allotment that Thomas Hilliard who holds the lands in right of which this allotment is made under a lease for three lives from Robert Vyner, Esquire, shall hold and enjoy the same during his estate and interest therein, and I direct the fences on the northward side and as much of the fence on the eastward side as adjoins the allotments No. 20, No. 20f and No. 20a, shall be made and kept in repair by the said Thomas Hilliard during the continuance of his said lease and afterwards shall he kept in repair by the owner or owners thereof. I also set out and allot unto the said Roljert Vyner his heirs and assigns in respect of his same ancient lands, a piece or parcel of land other part of the said commons or waste lands on W^allasey Leasowe marked on the said map No. 20f, containing nineteen perches, bounded northwardly by the said private road V, eastwardly l)y the said allotment No. 20a made to the said Robert Vyner, southwardly and westwardly l^y the said last-mentioned allotment No. 20e, and in making this allotment it is meant and intended that George Cooper who holds the land in right of which this allotment is made under a conveyance thereof to him from Thomas Hilliard for the lives named in the said lease to the said Thofeias Hilliard from the said Robert Vyner in which the same was included shall hold and enjoy the same during his estate and interest therein and I direct the fences on the northward and eastward sides thereof to be made and kept in repair by the said George Cooper during the continuance 54 Geo. III. Co)nniissioneys Award, cli. J.r.r.rrii. 77 Wallasey Inclosure. of his interest therein as aforesaid and afterwards to be kept in I'epair by the owner or owners thereof. 1 also set but and allot unto the Eobert Vyner, Esquire, his heirs RobertVyner, and assigns in respect of liis same ancient inclosed lands a piece or ?'^^"' ^°" ^'^''' parcel of land, other part of the said commons and waste lands on ' ' "' Wallasey Leasowe mtirked in the said map No. 27f, containing three acres, two roods and twenty perches, bounded northwardly by the said allotment Q, by me sold to the Reverend Augustus Campbell, eastwardly by the allotment No. 27g to the said Robert Vyner, southwardly by the said private road V, and westwardly by an allotment No. 27 to the said Robert Vyner, and in making this allot- ment it is meant and intended that the said Tliomas Hilliard who Thomas^ holds the lands in right of which this allotment is made under the Lin said before-mentioned lease shall hold and enjoy the same during liis estate and interest therein, and I direct the fences on the northward, eastward and southward sides thereof shall be made and kept in repaii' by the said Thomas Hilliard during the continuance of the said lease and afterwards shall be kept in repair by the owner thereof. I also set out and allot unto the said Robert Vyner his heirs and Robert Vyner, assigns in respect of his same ancient lands, a piece or parcel of land ^^'l-' ^°- '^^• part of the said commons and waste lands on Wallasey Brake marked in the said map No. 73, containing thirteen perches, bounded northeastwardly by an allotment No. 72 made to Sir John Grey iilgerton southeastwardly by ancient inclosed land belonging to Rol)ert Vyner, Esquire, and northwestwardly by the said private road O, but it is meant and intended that the said George Cooper George who holds the land in respect of which this allotment is made by p°°.p^/a^gg of virtue of a conveyance from the said Thomas Hilliard under the said Thomas lease shall hold and enjoy this allotment during his estate and interest Hilliard's therein, and I direct the fence on the northeastward and northwest- Leasehold, ward sides thereof shall be made and kept in repair by the said George Cooper during the continuance of his interest under the said lease and afterwards shall be kept in repair by the owner and owners thereof. I also set out and allot unto Robert Vyner, Esquire, or to the ^o^^i'^V^i^er, person or persons entitled to the piece or parcel of ancient enclosed . ^5cV ki lands called the Stable Croft and for and in respect of the same lands Croft No. G3 and according to his her or their estate and interest therein a piece or o, 2, 2. parcel of land other part of the said commons and waste lands on the Wallasey Leasowe marked in the said map No. 68 containing two roods and two perches, bounded northwardly by the saitl public road F, eastwai'dly by an allotment No. 62 to Thomas Webster, southwardly by the ancient lands called the Stable Croft, and westwardly by an allotment No. 64 to Mrs. Wotherspoon, and I direct the fences on the northward and eastward sides tbereof to be made and for ever afterv/ards kept in repair by the owner thei'eof. I also set out and allot imto Sir John Tobin, Knight, his heirs and Sir John assigns in right of his ancient inclosed lands in the Township of j^*^^"^- -^"^ ^ ' ' Wallasey aforesaid a piece or parcel of land other part of the said ' ' ' ' commons and waste lands on Wallasey Leasowe marked in the said map No. 17, containing nine acres three roods, bounded northwardly l)y the private road V, oastwaidly l)y an allotment No. 10 to -lohn 78 54 Geo. III. Commissioner'' s Awards clt. I.r.r.rrii. Wallasey Inclosure. Leigh, Esquire, soutliwardl}- in part by an allotment No. 6 to the said John Leigh on Wallasey pasture, and in other part by an allotment No. 7a to the said Sir John Tobin on the said pasture and westwardly by the public road Q between this allotment and the allotment No 18 to the said Sir John Grey Egerton, and I direct the fences on the northward, westward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Sir John I also set out and allot unto Sir John Tobin his heirs and assigns Tobin, Knt., in respect of his said ancient inclosed lands a piece or parcel of land No. 30, IG, 3, Q^iiQY p.^i^.j of the said commons and waste lands on Wallasey Leasowe marked on the said map No. 30 containing sixteen acres three roods and fifteen pei'ches, bounded northwardly by the said allotment Q, by me sold to the Eeverend Augustus Campbell, eastwardly by an allotment No. 31 to the said John Leigh southwardly by the said private road V, and westwardly by the public road Q, between this allotment aiid an allotment No. 29, to the said Sir John Grey Egerton, and I direct the fences on the northward, westward, eastward and southward sides to be made and for ever kept in repair by the owner thereof. Sir John I also set out and allot unto the said Sir John Tobin his heirs and 7^°^!i« ii"i'' assigns, in respect of his said ancient lands a piece oi' parcel of land ' ' ' other part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 18, containing fourteen acres one rood and four perches, bounded northwardly by the said allotment Q, by me sold to the Reverend x\ugustus Campbell, eastwardly in part by lands in Liscard belonging to the said Sir John Tobin, in other part by lands in Liscard belonging to John Dean the younger, and in other part by lands in Liscard aforesaid, belonging to the representatives of William Groom, southwardly by an allotment No. 49, to the representatives of William Groom, and westwardly by an allotment G. sold to John Davies in pursuance of the said act, and I direct the fences on the northward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Sir John I also set out and allot unto the said Sir John Tobin his heirs and ■M°^\"f;' ■q'a 1 ''^^^^^K"^' '^ piece or parcel of land, part of the said commons and waste °' ' ' ' • lands on Wallasey Leasowe marked in the said map No. 15, contain- ing three acres and one perch and bounded northwardly by the said private road V, eastwardly by an allotment No. 14 to Joseph Green, southwardly by an allotment No. 5 to the said Sir John Tobin on Wallasey Pasture, and westwardly by an allotment No. 16 to the said John Leigh, and I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Sir John I also set out and allot unto the said Sir John Tobin his heirs and N°^ G^'^ ^"o' '^^^^^8'^^^' '^ piece or parcel of land, other part of the said commons ^2/ ^'' ' ' 'i-nd waste lands on Wallasey Leasowe marked in the said map No. 67, containing twelve perches, bounded northwardly by an allotment No. 66 to Sir John Grey Egerton, eastwardly by ancient inclosed lands and buildings belonging to the said Joseph Jackson, southwardly by a cottage belonging to the representatives of the late Thomas Dean, and westwardly by the said public road E, and I direct the fence on the westward side to be made and for ever afterwards kept in repair by the owner thereof. '51 Gen. III. ConDiiissioner's Award, cli. Jr.r.rn'i. 79 Wallaseji Inclosure. I also set out and allot unto the said Sir John Tobiu his heirs and Sir John assigns, a piece or parcel of land, other part of the said commons ^^^nn 03' and waste lands on Wallasey Brake marked on the said map No. 77, 34 ' ' ' ' - containing three roods and thirty four perches, l)ounded northwardly Ijy an allotment No. 76 to the said Sir John Tobin, eastwardly by ancient inclosed lands belonging to the said Sir John Tobin, southwardly by allotment No. 78 to Sir John Grey Egerton, and westwardly by the said pul:)lic road marked L, the right to which said three last mentioned allotments No. 15, 67, and 77, ])elongs to Josepli Jackson in respect of his ancient inclosed lands in the said Township of Wallasey and lias been sold and disposed of by him to the said Sir John Tobin to whom I have made these allotments in pursuance of the said act. And I direct the fences on the southward and westward sides thereof to be made and for ever afterwartls kept in repair by the owner thereof. I also set out and allot imto the said Sir John Tobin, his heirs and Sir John assigns, a piece or parcel of land other part of the said commons and ^°^^"' ^o'^f'' waste lands on Wallasey Brake marked in the said map No. 71, j^q ' ' ' '^' ' which together with the piece of land covered with water, and the road thereto, used as a public pit for the inhabitants of the township of Wallasey, containing twenty-eight perches, which 1 also set out and allot unto the said Sir John Tobin, his heirs and assigns, suliject to the conditions hereinafter mentioned and exclusive of half an acre of uninclosed ancient land belonging to Sir John Tobin within this allotment, contains three acres three roods and nineteen perches bounded northwardh' in part by ancient inclosed lands belonging to the said Sir John Tobin, and in other part by the public road marked on the said map with the letter N, eastwardly by another public road marked on the said map with the letter M, southwardly by a private road marked on the said map by the letter 0, and west- wardly in part by the said private road 0, in other part by a public road marked on the said map LL, and in other part by ancient inclosed lands belonging to the said Sir John Tobin, and I direct all the fences shall be made and for ever afterw^ards be kept in repair by tbe owner thereof, and I have set out and allotted unto the said Sir John Tobin the said piece of land covered with water, and the road Watering Pit thereto upon this condition that the said Sir John Tobin, his heirs and assigns, shall and do at all times hereafter permit and suffer the inhabitants of the township of Wallasey aforesaid, to use and enjoy and take water from a certain pit or v\atering place situate in a certain field in Wallasey aforesaid called Little Wallacres belonging to the said Sir John Tobin in as full free and unrestrained manner as they heretofore might or coidd have used or enjoyed the said pit or watering place as aforesaid, allotted to the said Sir John Tobin antl also that the said Sir John Tobin do and shall from imw to time cleanse the same watering pit whenever necessary. I also set out and allot unto the said Sir John Tobin, his heirs and Sir John Tol No 33 assigns in respect of the said ancient inclosed lands a piece or parcel Tobin, Knt of land other part of said commons and waste lands on the Wallasey 00' ' Brake marked on the said map No. 76, containing one acre and thirty-three perches, bounded northwardly by an allotment No. 75, to Henry Johnson, eastwardly by ancient inclosed lands belonging to the said Sir John Tobin, southwardly by an allotment No. 77, to the said Sii' John Tobin, and westwardly by the public 80 •04 Geo. III. Coniniissioner's Award, cJi. Ixxxvii. Wallasey Inclosure. road marked on the said map w itli the letter L. And I direct the fences on the southward and westward sides thereof to be made and for ever afterwards kept in repair l)y the owner thereof. John Leigh, I also set out and allot unto John Leigh, Esquire, his heirs and Esq., No. Ifi. jissigiig^ in respect of his ancient inclosed lands in the township of 7, 3, 15. Wallasey aforesaid, a piece or parcel of land other part of the said commons and waste lands on the Wallasey Leasowe marked on the said map No. 16, containing seven acres three roods and fifteen perches, bounded northwardly by the said private road V, eastwardly by an allotment No. 15, to Joseph Jackson, southwardly by an allotment No. 6, to the said John Leigh, on the said Wallasey Pasture, and westwardly by an allotment No. 17, to the said Sir John Tobin, and I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. John Leigh, I also set out and allot unto the said John Leigh, his heirs and vf*^i' 9f° ^^' '^s^^igi^'^' ^^ respect of his same ancient lands a piece or parcel of ' ' "" ■ land other part of the said commons and waste lands on Wallasey Leasowe marked on the said map No. 31, containing fifteen acres one rood and twenty-nine perches, bounded northwardly by the said allot- ment Q, by me sold to the Eeverend Augustus Campbell, eastwardly by an allotment No. 32 to Joseph Green, Esquire, southwardly by the said private road V, and westwardly by an allotment No. 30 to the said Sir John Toliin. x\nd I direct the fences on the noi-thward and eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. John Leigh, J also set out and allot unto the said John Leigh, his heirs and 0^0 38° * ^^''^^^o^^s ill respect of his same ancient land a piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 56, containing thirty-eight perches, bounded northeastwardly by the said public road F, eastwardly by an allotment No. 55 to Margaret Wade's Trustees, southwardly by ancient inclosed lands l^elonging to the said John Leigh and west- wardly by an allotment No. 57 to Eobert Vyner, Esquire. And I direct the fences on the northeastward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Joseph I also set out and allot unto Joseph Green, Esquire, his heirs and Green, Esq., assigns in respect of his ancient inclosed lands in the Township of g^°' ' ' ■ ' Wallasey aforesaid, a piece or parcel of land, other part of the said conmions and waste lands on Wallasey Leasowe, marked on the said map No. 14, containing four acres three roods and thirty-four perches, bounded northwardly by the said private road V, eastwardly by an allotment No. 13 to the Eeverend Augustus Campbell, southwardly in part by an allotment No. 4 to the said Joseph Green on the said Wallasey Pasture and in other part by an allotment No. 5 to Sir John Tobin on the said Wallasey Pasture and westwardly by an allotment No. 15 to the said Sir John Tobin on the said Leasowe. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Joseph I also set out and allot unto the said Joseph Green, Esquire, his N^'^T2 ^^2' "^^^^^^ '^^^*-^ assigns in respect of his same ancient inclosed lands a 3Y ■ ' ' ' piece or parcel of land, part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 32, containing five •54 Geo. III. Commissioner'' s Award, cJi. Ixxxcii. 81 Wallasey Inclosure. acres two roods thirty-seven perches, boiinded northwardly by the said allotment Q by me sold to the Eeverend xVugustus Campbell, eastwardly by an allotment No. 32a to the said Joseph Green, south- wardly by the said private road V, and westwardly by an allotment No. 31 to the said John Leigli. And I direct the fences on the northward, eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Joseph Green, his heirs and Joseph assigns a piece or parcel of land, other part of the said commons and jJ'^^^oq ^'^"' waste lands on the Wallasey Leasowe, marked in the said map No. 32a, q, 3, 2! containing three roods and two perches, bounded northwardly by the said allotment Q, by me sold to the Eeverend Augustus Campbell, eastwardly by an allotment No. 33 to the said Joseph Greene, south- wardly by th*:' said private road V, and westwardly by the said allotment No. 32 to the said Joseph Green, the right of which said allotment marked No. 32a, belonged to the Trustees of Margaret Purchase Wade in respect of her ancient inclosed lands in the said Township ^^_°™ of Wallasey and was sold and disposed of by the said Trustees to the Trastees said Joseph Green to whom I have made this allotment in pursuance of the said Act. And I direct the fences on the northward, eastward and southward sides thereof to he made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Joseph Green, his heirs Joseph and assigns, a piece or parcel of land, other part of the said S'^^To 'f ^1'' commons and waste lands on Wallasey Leasowe, marked on the 20 ' ' ' said map No. 33, containing two acres one rood and twenty-six perches, bounded northwardly by the said allotment Q, by me sold to the Eeverend Augustus Campbell, eastwardly hy an allotment No. 34 to Eobinson Dean, southwardly by the said private road V, and westwardly by an allotment No. 32a to the said Joseph Green, the right of which said allotment No. 33 belonged to Eobinson Dean Purchase in respect of his ancient inclosed lands in the said Township of ^'^'omR-Dean. Wallasey, and was sold and disposed of by the said Eobinson Dean to the said Joseph Green, to whom I have made the allotment in pursuance of the said Act. And I direct the fences on the northward, eastward, and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Joseph Green, Esquire, his Joseph heirs and assigns, a piece or parcel of land, other part of the said S^'^p^i' ^^^'U commons and waste lands on Wallasey Leasowe, marked in the °' > > > • said map No. 68, containing one rood and seven perches, bounded northwardly by ancient inclosed lands belonging to the repre- sentatives of the late Thomas Dean, eastwardly by ancient inclosed lands belonging to the said Joseph Green, southwardly in part l^y the allotment No. G9a to Isaac Brien, and in other part by an allotment No. 69 to the representatives of the late Thomas Dean, and westwardly by a public road marked on the said map with the letter E. .And I direct the fences on the southward and westwai'd sides thereof to be made and for ever afterwards kept in repair ))y the owner thereof. I also set out and allot unto the Eector of the Parish and Parish Rector of Church of Wallasey aforesaid, in resp(>ct of his glebe lands and Wallasey, rectorial rights in the said Township of Wallasey, a piece or parcel L°nds'l 3 .35 G 82 54: Greo. III. Commissioner's Award, cli. Ixxxvii. Wallasey Inclosure. of land, other peart of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 13, containing one acre three roods and thirty-five perches, Iwunded northwardly by the said private road V, eastwardly in part by an allotment No. 12 to William Bird, and in other part by an allotment No. 11 to Mrs. Wades trustees, southwardly in part by an allotment No. 3 to Sir Thomas Stanley Massey Stanley on the said Wallasey Pasture, and in other part by an allotment No. 4 to the said Joseph Green on the said Wallasey Pasture, and westwardly by an allotment No. 14 to the said Joseph Green. And I direct the fences on the northward and eastward sides thereof to be for ever hereafter kept in repair by the owner thereof. Rector of I also set out and allot unto the Eector of the Parish and Parish Wallasey, Church of Wallasey aforesaid, in respect of his said glebe lands and No. 38, Glebe i-ectorial rights, a piece or parcel of land, other part of the said Lauds, 5,0, 24 ^^^^^^^^g and waste lands on Wallasey Leasowe, marked on the said map No. 38, containing five acres and twenty-four perches, bounded northwardly by the said allotment Q, by me sold to the Eeverend Augustus Campbell, eastwardly by several allotments by me sold to the Eeverend James Smedley, marked A, B, and E, southwardly by the said private road V, and westwardly by an allotment No. 37 to John Meadows. And I direct the fences on the northward and southward sides thereof to be hereafter kept in repair by the owner thereof. Rector of I also set out and allot unto the said Eector of the Parish and Wallasey, Parish Church of Wallasey aforesaid, in respect of his said Glebe Lands 0^0^34 ^^^^^^^^ and rectorial rights, a piece or parcel of land part of the said ' ' '' commons and waste lands on Wallasey Brake, marked in the said map No. 70, and containing thirty-four perches, bounded eastwardly by the said public road M, southwardly h\ the said public road N, and northwestwardly in part by the churchyard belonging to Wallasey Church, and in other part by ancient inclosed glebe lands. And I direct that the part of the fences which is opposite to the said glebe lands shall be kept in repair by the Eector of the said Parish and Parish Church of Wallasey for the time being, and the fence surrounding the part of the above allotment, which is now added to the said churchyard, shall for ever afterwards be kept in repair by or at the expense of the parishioners of the said Parish of Wallasey aforesaid. John Davies, I also set out and allot unto John Davies, his heirs and assigns, No. 50, 9,0,14 a, piece or parcel of land, part of the said commons and waste lands in Wallasey Leasowe, marked in the said map No. 50, containing nine acres and fourteen perches, l^ounded northwardly by an allotment No. 49, to the representatives of William Groom, eastwardly in part by the said private road, marked on the said map with the letter E, and in other part by an allotment No. 51 to the said John Davies, soutlnvestwardly by the said public road F, and eastwardly by an allotment G, by me sold to the said John Davies, the right of which said allotment No. 50 belonged to the Eeverend James Smedley, in respect of his ancient inclosed lands in the said Township of Wallasey, and has been sold and disposed of by the said Eeverend James Smedley to the said John Davies, to whom I have made this allotment in pursuance of the said Act. And I direct the fences on the southwestward side to be made and for ever afterwards kept in repair by the owner thereof, 54 Geo. III. Commissioner's Award, cli. Ixxxvii. 83 Wallas ei/ Inclosure. I also set out and allot unto the said John Davies, his heirs and John Davies, assigns, in respect of his ancient inclosed lands in the said Township •'^°-53, 0,0,4. of Wallasey, a piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe, marked in the said map No. 53, containing four perches, bounded northeastwardly by the said public road P, southwardly by ancient inclosed lands belonging to the said John Davies, and westwardly in part by ancient inclosed lands belonging to Sir John Grey Egerton, and in other part by an allotment No. 54 to the said Sir John Grey Egerton, and I direct the fences on the northeastward side thereof and so much of the fence on the westward side as is adjoining the allotment No. 54, to Sir John Grey Egerton to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Davies, his heirs and John Davies, assigns, a piece or parcel of land other part of the said commons •^''^' and waste lands on Wallasey Leasowe, marked on the said map No. 51, containing nineteen perches, bounded northwardly and westwardly liy allotment No. 50 to the said John Davies, eastwardly by the said private road E, and southwestwardly by the public road P. And I direct the fence on the south side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Davies, his heirs and Jol^" Davies, assigns, a piece or parcel of land other part of the said commons and ^°-^^^ 1,0,0. waste lands on Wallasey Leasowe, marked in the said map No. 52, containing one acre, bounded northwardly in part by an allotment A, by me sold to the said John Davies, in other part by the said public road P, eastwardly by the said private road marked in the said plan q, southeastwardly by land in Liscard belonging to Mrs. Thompson, and westwardly by ancient inclosed lands belonging to the said John Davies, the right to which two last-mentioned allotments No. 51 and No. 52 belong to John Leigh, Esquire, in respect of his ancient inclosed lands Purchase in the Township of Wallasey, and have been sold and disposed of by the jJ"^. _ said John Leigh to the said John Davies, to whom I have made ' ^ ^ ' ^^' these allotments in pursuance of the said Act. And I direct the fences on the northward side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Eobert Harrison, his heirs and Robert assigns, in respect of his ancient inclosed lands in the said Township l^'^'gL^^J^' of Wallasey, a piece or parcel of land, other part of the said °' "' ' ' commons and waste lands on Wallasey Leasowe, marked on the said map No. 22, containing four acres one rood and thirteen perches, ])ounded northwardly by the said private road V, eastwardly by the allotment No. 21 to Eobert Vyner, Esquire, as one of the Lords of the said Manor of Wallasey, southwestwardly by ancient inclosed lands belonging to the said Eobert Hari'ison, and westwardly by an allotment M, by me sold to Mrs. Boodc. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Eobert Harrison, his heirs Robert and assigns, in respect of his same ancient lands, a piece or parcel Harrison, of land, other part of the said couunons and waste lands on ' ' ' "^ Wallasey Leasowe, marked on tbe said map No. 25, containing three acres three roods and thirty-seven perches, bounded north- 84 54 Geo. III. Commissioner's A ward, Wallasey In closure. ch. Ixxsrrii. Eobert Harrison, No. 23, 0,1,5 Robert Harrison, No. 24, 3, 2, 37 Robinson Dean, No. 34, 3, 0, 5. Trustees of 11. Taylor, deceased. No. 35, 8, 1,17 eastwardly l^y the said allotment Q, by me sold to the Eeverend Augustus Campliell, eastwaixlly by an allotment No. 26 to Robert Vyner, Esquire, southwardly by the said private road V, and westwardly by an allotment N, by me sold to Mrs. Boode. And I direct the fences on the northeastward, eastward, and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Rol^ert Harrison, his heirs and assigns, in respect of his same ancient lands, a piece or parcel of land, other part of the said commons and waste lands on Wallasey Leasowe marked in the said map No. 23, containing one rood and five perches, bounded northwardly by an allotment N, by me sold to Mrs. Boode, eastwardly by ancient inclosed land belonging to the said Robert Harrison, southwardly by the commencement of Reed's Lane leading to Bidston, and westwardly by a private road mai'ked on the said map with the letter X. And I direct the fences on the southward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Robert Harrison, his heirs and assigns, in respect of his same ancient lands, a piece or parcel of land, other part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 24, containing three acres two roods and thirty-seven perches, bounded northwardly by an allotment by me sold to Mrs. Boode in pursuance of the said Act, marked O, eastwardly by ancient inclosed lands belonging to the said Robert Harrison, southwardly by the public road marked in the said map K, and westwardly by common lands in the Township of Great Meols. And I direct the fences on the southward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Robinson Dean his heirs and assigns in respect of his ancient inclosed lands in the said township of Wallasey a piece or parcel of land part of the said commons and waste lands on Wallasey Leasowe marked on the said map No. 34 containing three acres and five perches, bounded northwardly l^y the said allotment Q by me sold to the Reverend Augustus Campbell, east- wardly by an allotment No, 35 to the trustees of Matthew Taylor, southwardly by the said private road V, and westwardly by an allotment No. 33 to Joseph Green, Esquire, and I direct the fences on the northward, eastward, and southward sides thereof to be naade and for ever afterwards kept in repair by the owner thei'eof. I also set out and allot unto the trustees named and appointed in and by the last will and testament of Matthew Taylor, Gentleman, deceased, and to their heirs and assigns in respect of their ancient inclosed lands in the said township of Wallasey a piece or parcel of land, other part of the said commons and waste lands on Wallasey Leasowe marked on the said map No. 35, containing three acres one rood and seventeen perches, bounded northwardly by the said allotment Q, by me sold to the Reverend Augustus Campbell, eastwardly by an allotment No. 36 to Richard Smith, Esquire, southwardly by the said private road V, and westwardly by an allotment No. 34 to Robinson Dean, and I direct the fences on the northward, eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owners thereof, 54 Geo. III. Commi.ssiuiier's Award, cJi. Ixxxvii. 85 Wallasey Inclosure. I also set out and allot unto Eichard Smith, Esquire, his heirs and Richard assigns in respect of his ancient inclosed lands in the said Township ^"^^^or' o^i^'o of Wallasey a piece or parcel of land other part of the said commons ' ' ' ' ' ' and waste lands on Wallasey Leasowe marked on the said map No. 36, containing three acres one rood and twenty-eight perches, bounded northwardly by the said allotment Q, by me sold to the Reverend Augustus Campbell, eastwardly by an allotment No. 37 to John Meadows, southwardly by the said private road V, and westwardly by an allotment No. 35 to the trustees of Matthew Taylor, and I direct the fences on the northward, eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Richard Smith, Esquire, his Richard heirs and assigns in respect of his same ancient lands a piece or Smith, No. 79, parcel of land part of the said commons and waste lands on Wallasey > ' " • Brake aforesaid marked on the said map No. 79 containing one acre and thirty-two perches, bounded northwardly by an allotment No. 78 to Sir John Grey Egerton, eastwardly by ancient inclosed lands belonging to the said Richard Smith in the Township of Poolton-cum- Seacombe, and southwestwardly by the said public road L, and I direct the fences on the southwestwardly side thereof to I^e made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto John Meadows his heirs aiid assigns John in respect of his ancient inclosed lands in the said township of ?^^^^^°"^^'^' Wallasey, a piece or parcel of land other part of the said commons ' '"' ' '" and waste lands on Wallasey Leasowe marked on the said map No. 37, containing three acres two roods and twenty-six perches, bounded northwardly by the said allotment Q by me sold to the Reverend Augustus Campbell, eastwardly by an allotment No. 38 to the said Rector of Wallasey, southwardly by the said private road V, and westwardly by an allotment No. 36 to Richard Smith, Esquire, and I direct the fences on the northward, eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Thomas Molyneux, his heirs and Thos. assigns in respect of his ancient inclosed lands in the Township of ^°^Iq°^^' or Wallasey a piece or parcel of land other part of the said commons °' ' ' ' and waste lands on Wallasey Leasowe, marked in the said map No. 39, containing twenty-five perches, bounded northwardly by an allotment No. 42 to Robert Stanley, eastwardly by an allotment No. 40 to John Coventry and southwardly by the said public road F, and westwardly by the said public road E. And I direct the fences on the northward, southward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto John Coventry, his heirs and assigns John in respect of his ancient inclosed lands in the said Township o^ S-^^^J^^^pf'r, Wallasey a piece or parcel of land, other part of the said commons 24 ' ' ' ' and waste lands on Wallasey Leasowe, marked on the said map No. 40, containing twent}-four perches bounded northwardly by an allotment No. 42 to Rol)ert Stanley, eastwardly by an allotment No. 41 to John Street, southwardly by the said public road F, and westwardly by an allotment No. 39 to Thomas Molyneux. And I direct the fences on the northward, southward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. 86 54 Geo. III. Conimissioner^s Award, cJi. Ixxxvii. Wallasetf In do sure. Joseph I also set out and allot unto Joseph Street, his heirs and assigns a Street No.41, ^{qqq q^ parcel of land other part of the said commons and waste lands ' ' ■ on Wallasey Leasowe marked in the said map number 41, containing thirty-two perches, bounded northwardly by an allotment No. 42 to Eobert Stanley, eastwardly by an allotment No. 43 to George Cooper, southwardly by the said public road P, and westwardly by an allot- ment No. 40 to John Coventry, the right of which said allotment No. Purchase ^1 belonged to Ralph Hassall in respect of his ancient inclosed lands from Ralph in the Township of Wallasey, and has been sold and disposed of by Hassalh him to the said Joseph Street to w^hom I have made this allotment in pursuance of the said Act, and I direct the fences on the northward, southward, and westward sides thereof to be made and for ever after- wards kept in repair by the owner thereof. Robert I also set out and allot unto Robert Stanley, his heirs and assigns in Stanley, respect of his ancient inclosed lands in the Township of Wallasey ' ' ' a piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe marked in the said map No. 42, and containing three roods and thirty-nine perches, bounded northwardly by the allotment marked R, by me sold to George Peers, east- wardly by an allotment No. 43 to George Cooper, and southwardly in part by an allotment No. 41 to Joseph Street, in other part by an allotment No. 40 to John Coventry, and in other part by an allot- ment No. 39 to Thomas Molyneux, and westwardly by the said public road E. And I direct the fences on the northward and west- ward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. George I also set out and allot unto George Cooper, his heirs and assigns Cooper, in respect of his ancient inclosed lands in the Township of Wallasey o. 4d, 0, 6, 62 ^ -piQQQ QY parcel of land other part of the said commons and waste lands on Wallasey Leasow^e marked on the said map No. 43, containing three roods and thirty-two perches, liounded northwardly in part by the said allotment R, by me sold to George Peers, and in other part by the said allotment Q, by me sold to the Reverend Augustiis Campbell, eastwardly by an allotment number 44 to Peter Ledsham, southwardly by the pul^lic road F, and westwardly in part by another allotment No. 41 to Joseph Street, and in other part by an allotment No. 42 to Robert Stanley. And I direct the fences on the northward southward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. George I also set out and allot unto George Cooper, his heirs and assigns in Cooper, respect of his same ancient lands a piece or parcel of land other part ' ' '' of the said commons and waste lands on Wallasey Brake marked on the said map No. 74, containing one rood and thirty-tw^o perches, bounded northwardly and northeastwardly by the private road marked on the said map o, eastwardly by another private road marked p, southwardly by the allotment by me hereinbefore set out and described as the allotment for stone on the said brake, and westwardly and southwestwardly in part by ancient inclosed lands belonging to the said George Cooper, and in other part by the said pulilic road marked LL. And I direct the fences on the northward, northeastward, eastward, southward sides thereof, and so much of the fences on the westward side thereof as adjoins the public road LL, to be made and for ever afterw^ards kept in repair by the owner thereof. 54 Geo. III. Commi.ssio}ier\s Award. cli. Ixxxuii. 87 Wallasejj Inclosure. I also set out and allot unto Peter Ledsham, his heirs and assigns, Peter in respect of his ancient inclosed lands in the said ToAvnship of p®^l^^^^^\ Wallasey, a piece or parcel of land other part of the said commons ^^^^-^ Joseph and waste lands on Wallasey Leasowe marked on the said map No. Molyneux, 44, containing one acre one rood and six perches, bounded north- No. M, 1,1,6. wardly by the said allotment Q, by me sold to the Eeverend Augustus Campbell, eastwardly by an allotment No. 45 to Peter Ledsham, southwardly by the said public road F, and westwardly by an allot- ment No. 43, to the said George Cooper, the right to which said allotment No. 44 belonged to Joseph Molyneux in respect of his ancient inclosed lands in the said Township of Wallasey, and has been sold and disposed of by him to the said Peter Ledsham to whom I have made this allotment in pursuance of the said Act, and I direct the fences on the northward, southward, and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Peter Ledsham, his heirs and assigns, Peter in respect of his ancient inclosed lands in the said Township of ]^^*^f^^n^'-, Wallasey, a piece or parcel of land other part of the said commons °' > > > ' • and waste lands on Wallasey Leasowe marked on the said map No. 45, containing two acres one rood and three perches, bounded north- wardly by the said allotment Q, by me sold to the Eeverend Augustus Campbell, eastwardly by an allotment No. 46 to William Dean, southwardly l)y the said public road V, and westwardly by the said allotment No. 44 to the said Peter Ledsham, and I direct the fences on the northward, southward, and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto William Dean, his heirs and assigns, William in respect of his ancient inclosed lands in the Township of Wallasey, J^^^^^^' ?^°' ^^' a piece or parcel of land other part of the said commons and w^aste ' ' lands on Wallasey Leasowe, marked on the said map No. 46, containing two acres one rood and twenty-five perches, bounded northwardly by the said allotment Q, by me sold to the Eeverend Augustus Campbell, eastwardly by an allotment No. 47 to the heirs of Elizabeth Bird, southwardly by the said public road F, and west- wardly by an allotment No. 45 to Peter Ledsham, and I direct the fences on the northward, southward, and westward sides thereof, to be made and for ever afterwards kept in repair by the owner therof. I also set out and allot unto the heirs or other representatives of Heirs of the late Elizabeth Bird, his, her, and their heirs and assigns, in Elizh^Bird, respect of her ancient inclosed lands in the Township of Wallasey, a i^' '' ' ' piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe marked on the said map No. 47, con- taining two acres three roods and thirty-four perches bounded north- wardly by the said allotment Q, by mc sold to the Eeverend Augustus Campbell, eastwardly by the private road marked in the said map S, southwardly by the public road F, and westwardly by an allotment No. 46 to William Dean, and I direct all the fences thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the heirs, devisees or other reprc- Heirs of sentatives of William Groom, deceased, his heirs and assigns in ^. ^^^°°™' respect of his ancient inclosed lands in the Township of Wallasey -j^^' ' ' ' ' a piece or parcel of land other part of the said commons and waste 88 54 Geo. III. Commistiioner^ii Award, ch. Ixxxvii. Wallasey Inclosure. lands and waste lands on Wallasey Leasowe marked on the said map No. 49, containing two acres three roods and fourteen perches, bounded northwardly by an allotment No. 48, to Sir John Tobin, eastward] y by the private road marked on the said map r, south- wardly by an allotment No. 50, to John Davies, and westwardly by an allotment G, by me sold to the said John Davies, and I direct the fences on the southward side thereof to be made and for ever after- wards kept in repair by the owner thereof. Sir T. S. M. I also set out and allot unto Sir Thomas Stanley Massey Stanley, Stanley, Baronet, his heirs and assigns, a piece or parcel of land other part fr^mTTusI; s °^ *^® ^^^^ commons and waste lands on Wallasey Leasowe, marked of Margt. on the said map No. 10, containing tw^o acres two roods and thirty- Wade, No. 10, eight perches, bounded northwardly by the private road V, eastwardly 2, 2, 38. by an allotment No. 9, to Miss Jane Eainsford, southwardly in part by an allotment No. 1 A, on the said Wallasey pasture to the devisee in trust of George Briggs, and in other part by an allotment No. 2, on the said pasture to John Davies, and westwardly by an allotment No. 11, to the said Margaret Wade's trustees the right to w^hich said allotment No. 10, belonged to the trustees of the marriage settle- ment of Margaret W^ade in respect of their ancient lands in the said Township of Wallasey, and has been sold and disposed of by them to the said Sir Thomas Stanley Massey Stanley to whom I have made this allotment in pursuance of the said Act, and I direct the fences on the northward and eastward sides thereof to be made and kept in repair by the owner thereof. Trustees of I also set out and allot unto the said trustees of Mrs. Margaret Margt. Wade, Wade's Settlement in respect of their same ancient lands a piece or No. 11, 3,0,2. parcel of land other part of the said commons and waste lands on Wallasey Leasowe marked on the said map No. 11, containing three acres and tAvo perches bounded northwardly in part by an allotment No. 12, to William Bird and in other part by the said private road V, eastwardly by an allotment No. 10, to the said Sir Thomas Stanley Massey Stanley and in other part by an allotment No. 2, to John Davies on the said pasture, and in other part by an allotment No. 3, to the said Sir Thomas Stanley Massey Stanley on the said pasture, and westwardly part by an allotment No. 13, to the Eector of Wallasey, and in other part by an allotment No. 12, to William Bird, and I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Trustees of I also set out and allot unto the said trustees of Margaret Wade's ^^^Ic Y^n^' Settlement in respect of their same ancient lands a piece or parcel of 33 ■ ' ' ' land other part of the said coumions and waste lands on Wallasey Leasowe marked in the said map No. 55, containing thirty-three perches, bounded southeastwardly by the said pul^lic road F, eastwardly by an allotment No. 54, to Sir John Grey Egerton, southwardly by ancient inclosed lands belonging to the said trustees, and westwardly by an allotment No. 56, to John Leigh, Esquire, and I direct the fences on the northeastwardly and westwardly sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Trustees of I also set out and allot unto the said trustees of Margaret Wade's N^'^^so ^0^0^' ^^^^^6^^^^!^^' i^^ respect of their same ancient lands, a piece or parcel 21 ' ' ' ' of land part of the said commons and waste lands on Wallasey Brake, 54 Geo. III. Commis.sioiier\s jiward, ch. Ixxxvii. 89 Wallasey Inclosure. marked on the said map No. 80, containing twenty-one perches, bounded northwardly and northeastwardly 1)y the public I'oad L, and southeastwardly by an allotment No. 40 in the Township of Poolton- cum-Seacombe, and westwardly by ancient inclosed lands belonging to the said trustees. And I direct the fences on the northward and northeastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot luito Thomas Lowry, his heirs and assigns, Thomas a piece or parcel of land other part of the said commons and waste Lowry, lands on Wallasey Leasowe, marked on the said map No. 58, f^i^o^i^john containing one acre and twenty perches, bounded northwardly by Ui-mson, No. the said public road F, eastwardly by an allotment, by me herein- 58, 1, 0, 20. before set out for the pm-pose of the inhalDitants of the said Township of Wallasey getting marl in the same pursuant to the said Act, southwardly by ancient inclosed lands belonging to Robert Vyner, Esquire, and westwardly by an allotment No. 59, to William Joynson, the right to which said allotment No. 58 belonged to John Urmson, in respect of his ancient inclosed lands in the said Township of Wallasey and has been sold and disposed of by him to the said Thomas Lowry, to whom I have made this allotment in pursuance of the said Act. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto William Joynson, his heirs and William assigns, in respect of his ancient inclosed lands in the said Towaiship 59 0^2 28 of Wallasey, a piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 59, containing two roods and twenty-eight perches, bounded northwardly by the said public road P, eastwardly by an allotment No. 58 to Thomas Lowry, southwardly by ancient inclosed lands belonging to Eobert Vyner, Esquire, and westwardly by an allotment No. 60 to James Harrocks. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto James Harrocks, his heirs and assigns, James in respect of his ancient inclosed lands in the said Township of „,f4\vvccl Wallasey a piece or parcel of land other part of the said connnons f^-om Richard and waste lands on Wallasey Leasowe, marked on the said map No. Milliard, 60, containing two roods and twenty-six perches, ))ounded northwardly No. 60, 0, 2, by the said pubhc road F, eastwardly by tlie said allotment No. 59, to the said William Joynson, southwardly by ancient inclosed lands belonging to Robert Vyner, Esquire, and westwardly by an allotment No. 61 to Jane Hassler's representatives, the right to which allotment No. 60 belonged to Richard Hilliard who has sold and disposed of the same to the said James Harrocks Lo whom I have made this allotment in pursuance of the said Act. And I direct the fences on the northward and eastward sides thereof to l)e made and for ever afterwards kept in I'cpair by the owner thei'eof. I also set out and allot unto the heirs, devisees, or other ^leirs of representatives of Jane JJassler, otherwise Harlehurst, his, her, or 0^"-,^^,.^^^^^^""' their heirs and assigns, in respect of her ancient inclosed lands in ja,ne the said Township of Wallasey, a piece or parcel of land other part Harlehurst, of the said conmions and waste lands on Wallasey Leasowe, marked No. Gl, 0,3,2. 90 54 Geo. III. Coinmlssioner'^ Award, ch. Ixxxvii. Wallasey Tnclosure. on the said map No. 61, containing three roods and two perches, bounded northwardly by the said pubhc road F, eastwardly by an allotment No. 60 to the said James Harrocks, southwardly by ancient inclosed lands belonging to Eobert Vyner, Esquire, and westwardly by an allotment No. 62 to Thomas Webster. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwai'ds kept in repair by the owner thereof. Thomas I also set out and allot unto Thomas Webster, his heirs and Webster, assigns, in respect of his ancient inclosed lands in the said Township No. 62, 0, 1, Qj? Wallasey, a piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 62, containing one rood and twenty-four perches, boiinded northwardly by the said public road F, eastwardly by an allotment No. 61 to the representatives of Jane Hassler, southwardly by ancient inclosed lands belonging to Eobert Vyner, Esquire, or the owner of the Stable Croft, and westwardly by an allotment No. 63 to the said Eobert Vyner or the owner of the Stable Croft. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Margaret I also set out and allot unto Margaret Wotherspoon, her heirs Wotherspoon ^nd assigns, in respect of her ancient inclosed lands in the said No. 64, 0, 0, Township of Wallasey, a piece or parcel of land, other part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 64, containing twenty-five perches, bounded northwardly by the said public road F, westwardly by the said allotment No. 63 to the said Eobert Vyner or the owner of the Stable Croft, southwardly by the said ancient inclosed land called the Stable Croft, and westwardly by the private road marked in the said map with the letter t. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Margaret J also set out and allot unto the said Margaret Wotherspoon, her N°*firfp9°n ^®^^'s ^^^ assigns in respect of her same ancient lands, a piece or °' ' ' ' ■ parcel of land other part of the said commons or w^aste lands on Wallasey Leasowe, marked on the said map No. 65, containing tw^o ■roods, bounded northwardly by an allotment F, by me sold to the Eeverend James Smedley, southeastwardly by ancient inclosed lands belonging to the said Margaret Wotherspoon, southwardly by an allotment No. 66 to Sir John Grey Egerton, and westwardly by the said public road E. And I direct the fences on the southw^ard and westward sides thereof shall be made and for ever afterwards kept in repair by the owner thereof. Heirs of late I also set out and allot unto the heirs, devisees, or other repre- Thos. Dean, sentatives of the late Thomas Dean, his heirs and assigns, in No. 69, 0, 0, respect of his ancient inclosed lands in the Township of Wallasey, ■*■ a piece or parcel of land, part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 69, containing fourteen perches and three-quarters of a*perch, bounded northwardly by an allotment No. 68 to Joseph Green, Esquire, eastwardly by an allotment No. 69a to Isaac Brian, southwardly by the private roads marked on the said map with the letters u, and westwardly by the said public road E, and I direct the fences on the southward and 54 Geo. III. Commissioner'' fi Aivarcl, ah. Ixxxvii. 91 Wallaseij Indosure. westward sides thereof shall be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto Isaac Brian, his heirs and assigns, a Isaac Brian, piece or parcel of land other part of the said commons and waste No. 69a, 0, 0, lands on Wallasey Leasowe, marked on the said map No. 69a, ^i' pu^'chascd containing four perches and a quarter, bounded northwardly by an allotment No. 68 to Joseph Green, Esquire, eastwardly by ancient inclosed lands belonging to Sir John Grey Egerton, and southwardly by the said private i^oad, marked on the said map with the letter u, and westwardly by the allotment No. 69 to Thomas Dean's repre- sentatives, the right of which said allotment No. 69a belonged to Thomas Dean in respect of his ancient inclosed lands in the said Township of Wallasey, and has been sold and disposed of by the said Thomas Dean to the said Isaac Brian, to whom I have made this allotment in pursuance of the said Act. And I direct the fences on the southward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Elizabeth Smith, her heirs and Elizabeth assigns, in respect of her ancient inclosed lands in the said Township Smith, No. 7 of Wallasey, a piece or parcel of land, other part of the said ' ' commons and waste lands on Wallasey Leasowe, marked on the said map No. 7, containing thirty-tive perches, bounded northwardly l)y the said private road V, eastwardly liy the said public road E, and southwardly by an allotment No. 6 to Mary Coventry, and eastwardly by an allotment L, by me sold to Leigh Blundell. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Mary Coventry, her heirs and assigns, Mary in respect of her ancient inclosed lands in the said Township of Coventry, Wallasey, a piece or parcel of land, part of the said commons °- > ' > and waste lands on Wallasey Leasowe, marked on the said map No. 6, containing thirty-nine perches, bounded northwardly by the said allotment No. 7 to Elizabeth Smith, eastwardly by tlie said public road E. southwardly by an allotment No. 5 to John Woodfine, and westwardly by an allotment L, hy me sold to Leigh Blundell. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto John Woodfine, his heirs and assigns, John in respect of his ancient inclosed lands in tlie said Township of Woodfine, Wallasey, a piece or parcel of land, other part of the said conunons "^°' ^' ^' •'■' ^' and waste lands on Wallasey Leasowe, marked on the said map No. 5, containing one rood and four perches, bounded northwardly by the said allotment No. 6 to Mary Coventry, eastwardly by the said public road E, southwardly by an allotment No. 4 to Margaret Jones, and westwardly l)y the said allotment by me sold to Leigh Blundell, marked L. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Margaret Jones, her heirs and assigns, in Margaret respect of her ancient inclosed lands in the said Township of Wallasey, Jones, No. 4, a piece oi- parcel of land, other part of the said conunons and waste ' ' lands on Wallasey Leasowe, marked on the said map No. 4, 92 bi Geo. III. Commissioner's Av)arcl^ ch.lrxxvii. Wallasey Inclosure. containing one rood and eleven perches, bounded northwardly by the said allotment No. 5 to James Woodfine, eastwardly by the said public road E, southwardly by an allotment No. 3 to James Harrocks, and westwardly by the said allotment to Leigh Blundell, marked L. And I direct the fences on the northwaixT and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. James I also set out and allot unto James Harrocks, his heirs and assigns, HaiTocks, j^j respect of his ancient inclosed lands in the said Township of No. 3, 0, 1, 19 \Yallasey, another piece or parcel of land, other part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 3, containing one rood and nineteen perches, bounded northwardly by an allotment No. 4 to Margaret Jones, eastwardly by the public road marked E in the said map, southwardly by an allotment by me sold to William Peers, marked I, and westwardly by an allotment sold to Mr. Leigh Blundell marked L. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Thomas I also set out and allot unto Thomas Sparks, his heirs and assigns. Sparks, No.2, ii-i respect of his ancient inclosed lands in the said Townsliip of 1. -' i3- Wallasey, a piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe, marked on the said map No. 2, containing one acre two roods and thirteen perches, bounded northwardly in part by an allotment sold to William Peers marked I, and in other part by an allotment sold to Elizabeth Ashbrook marked K, eastwardly by the said public road E, southwardly by an allotment No. 1 to George Evans, westwardly by an allotment sold to Leigh Blundell marked L. And 1 direct the fences on the east- ward and southward sides thereof to be made and for ever afterwards kept in repair by the ow^ner thereof. George I also set out and allot unto George Evans, his heirs and assigns, Evans, No. 1, jj^ respect of his ancient inclosed lands in the Township of Wallasey, ' ^' ^^- a piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe marked in the said map No. 1, containing one rood and thirty- six perches, bounded northwardly by the last mentioned allotment No. 2 to Thomas Sparks, eastwardly by the said public road E, southwardly by ancient inclosed lands belonging to the said George Evans, and westwardly by an allotment sold to Leigh Blundell marked L. And I direct the fence on the eastward side to be made and for ever afterwards kept in repair Ijy the owner thereof. Henry I also set out and allot unto Henry Johnson, his heirs and assigns a Johnson, piece or parcel of land other part of the said commons and waste lands 10° Purchase °" Wallasey Brake, marked in the said map No. 75, and containing from S. Dean, one rood and ten perches, bounded northwardly by an allotment sold to Henry Johnson marked P, northeastwardly by an allotment by me hereinbefore set out for stone on the said brake, southwardly by an allotment No. 76 to Sir John Tobin, and w^estwardly by the public road L, the right to which said allotment No. 75 belonged to Samuel Dean in respect of his ancient inclosed lands in the said township of Wallasey, and has been sold and disposed of by him to tiie said Henry Johnson to whom I have made the allotment in pursuance of the said Act, and I direct the fences on the northeastward, and southward, and westward sides to be made and for ever afterwards kept in repair by the owaier thereof. 54 Gen. III. Coinmissi oner's Aiuard, cli. l.r.r.rrii. 93 Wallaseif Inclosu re . I also set out ciud allot unto Jane Eainsford, liei- heirs and assigns, Jane in respect of her ancient inclosed lands in the Township of Wallasey, ^^^g^^Q^Q'sg a piece or parcel of land other part of the said commons and wasteland " • ' ' ' on Wallasey Leasowe, marked on the said map No. 9, containing two acres and thirty-nine perches, bounded northwardly by the private road marked V in the said map, eastwardly l)y an allotment No. 8 to the devisee of the Eeverend George Briggs, southwardly liy two several allotments on Wallasey Pasture made to the devisee of the said George Briggs marked No. 1 and No. la, and westwardly by an allotment No. 10 to Sir T. S. Massey Stanley, and 1 direct the fences on the northward and eastward sides to be made and for ever after- wards kept in repair by the owner thereof. I also set out and allot unto the devisees in trust under the will of Devisees in the Eeverend George Briggs, in respect of his ancient inclosed lands tnist of Rev. in the township of Wallasey, a piece or parcel of land other part of ^^"g'^^l^gi the said commons and waste lands on Wallasey Leasowe marked on the said map No. 8, containing one acre three roods and twenty-one perches, bounded northwardly by the said private roads marked V, eastwardly by an allotment to the said devisee in trust. No. 8a, southwardly by an allotment on Wallasey Pasture to the said devisees No. 1, and westwardly by the said allotment No. 9 to Jane Eainsford, and in making this allotment it is understood and intended that John Eogers, who holds the land in right of which this allotment is John Rogers, made under a lease for the lives of himself and Alice Eogers his mother Leasehold, and William Eogers from the late Eeverend George Briggs, and their assigns shall hold and enjoy this allotment, together with the other lands included in the said lease during his estate and interest therein, and I direct the fences on the northward and eastward sides thereof shall be made and kept in repair by the said John Eogers, and his assigns, during the continuance of the said lease and afterwards that - the same shall be kept in repair by the owner and owners thereof. I also set out and allot unto the said devisees in trust under the Devisees in will of the late Eeverend George Briggs in respect of his same p'^'^^^.*.°^ ^®^'* ancient inclosed lands a piece or parcel of land other part of the g^.^o-^j, said commons and waste lands on Wallasey Leasowe, marked in the No.°Sa,' 1, 2, said map No. 8a, containing one acre two roods and ten perches, 10. bounded northwardly by the said private road V, eastw^ardly by an allotment sold to Leigh Blundell marked L, southwardly by an allotment on the Wallasey pasture made to the said devisees No. 1, and w'estwardly by an allotment No. 8, to the said devisees, and I direct the fences on the northw^ard side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto William Bird, his heirs and assigns in William Bird, respect of his ancient inclosed land in the said Township of Wallasey No. 12, 0, 3, o. a piece or parcel of land other part of the said commons and waste lands on Wallasey Leasowe, marked in the said map No. 12, con- taining three roods and five perches, bounded northwardly by the private road V, eastwardly and southwardly by an allotment No. 11, to Mrs. Wade's trustees, and westwardly by an allotment No. 13, to the Eoctor of Wallasey, and I direct the fences on the noi'thward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. And with respect to the tract or parcel of open and undivided land in thu said Township of Wallasey called Wallasey Pasture I the said Commissioner do make my Award as follows (that is to say) : — 94 54 Geo. in. Commissionei'''s Aivard, Wallasey Inclosure. ch. Ixxxvii, Public Road I. Public Road R. In the first place I do hereby particularise and describe the public carriage roads, highways and private roads so set out by me through and over the same last-mentioned tract or parcel of land aforesaid in manner following (that is to say) One public carriage road and highway in the said map hereto annexed marked with the letter I on part of the said tract or parcel of land called Wallasey Pasture of the width of ten yards beginning at the end of a pul^lic carriage road and highway lately open and set out through certain ancient inclosed lands in the said Township of Wallasey aforesaid leading from the town of Wallasey to the said tract or parcel of land which said carriage road marked I runs from the said road so lately set out in a westwardly direction over the said tract or parcel of land to a field called the Chiefs belonging to Eobert Vyner, Esquire, and which said carriage road and highway has been made and set out by me the said commissioner in lieu of the public carriage road formerly intended to have been set out by me leading from Thomas Dean's house in the Village of Wallasey over the Leasowe there past Mrs Boode's house, which last mentioned road is now intended and is hereinbefore mentioned to be set out and made as a private occupation road marked V. One other public carriage road or highway in the said map hereunto annexed marked with the letter E on other part of the said tract or parcel of land called Wallasey Pasture of the width of eight yards commencing on the north side of the said public road I, and running from thence northwardly to the south end of the l^efore described public road marked Q. One private or occupation road of the width of six yards marked with the letter Y, commencing on the south side of the said public road marked I, and running from thence in a southwardly direction to buildings in Wallasey belonging to Miss Rainsford. Another private or occupation road of the width of eight yards marked with the letter Z being other part of the said tract or parcel of land called Wallasey Pasture commencing on the south side of the said public road marked I, running from thence in a southwardly direction to lands belonging to Miss Rainsford. Another private or occupation road of the width of eight yards marked with the letters ZZ commencing on the south side of the said public road marked I, and running in a southwardly direction to two several allotments of the said tract or parcel of land made to Sir John Grey Egerton No. 31 and Eobert Vyner, Esquire, No. 20. And I the said Commissioner do direct that the said before described private or occupation road marked on the said map ZZ shall be for ever afterwards maintained and kept in repair by the owners or occupiers of the lands adjoining to or abutting on the same and shall be solely used and enjoyed l)y them, and that the two l^efore described private or occupation roads marked on the said map Y and Z shall be for ever afterwards maintained and kept in repair l^y the owner or occupier of the ancient inclosed lands to which the same roads lead and shall be solely used and enjoyed by such owner or occupier. Public Drain, And in further execution of the said Act, I have set out and made ^°- 1- a certain public drain marked in the said map " Public Drain No. 1," commencing at the northeast corner of a tield called the Chiefs, Private Road Y. Private Road Z. Private Road ZZ. 54 Geo. III. CommiHsioner's Award, cJi. l.cxxvii. 95 Wa Uasey In c losure, belonging to Eobert Vyner Esquire, and running in eastwardly direc- tion along the north side of the ancient fence dividing the said tract or parcel of land called the Wallasey Pasture from the Wallasey Leasowe to the north end of tlie public drain hereinafter mentioned, marked No. 4. I have also set out and made another certain public drain marked Public Drain, in the said map " Public Drain 2," over the said tract or parcel of No. 2. land called the Wallasey Pasture, commencing from the south side of the last mentioned drain marked Public Drain 1, and running south- wardly between the allotments No. 7 l^elonging to Sir John Tobin, . No. 8 to Sir John Grey Egerton, across the public road I and between the allotments No. 14, to Sir John Tobin, and No. 13, to Sir John Grey Egerton, to ancient inclosed lands in the said Township of Wallasey belonging to Miss Eainsford. I have also set out and made another public drain, marked in the Public Drain, said map " Public Drain 3," commencing on the southward side No. 3. of the said Public Drain 1, and running southwardly between the allotments on the said tract or parcel of land called the Wallasey Pasture in the said map No. 5 and No. 6 to Sir John Tol)in and John Leigh, Esquire, across the public road I, to the east side of the private road ZZ. and thence running in a southwardly direction along the east of the said road to the south end thei'eof, and thence running in a westwardly direction along the end of the said road to the centre thereof, and then turning off and running in a southwardly direction to the ancient fender or watercourse running from Newton Carr towards Wallasey. I have also set out and made another public drain on the said Public Drain tract or parcel of land called Wallasey Pasture, marked in the said '^°- ^^ map "Public Drain No. 4," commencing at the east end of the said Public Drain 1, and thence running in a southwardly direction through an allotment to the devisees of the late Reverend George Briggs, marked No. 1, across the public road I, and between allotment 38, to Sir John Grey Egerton, 37, to Margaret Jones, and 36 to Thomas Sparks to ancient inclosed lands in the said Township of Wallasey, belonging to Thomas Sparks. And I direct the whole of the said drains to be from time to time for ever hereafter amended, cleansed, and repaired by and at the expense of the owners of lands on the said tract or parcel of land called Wallasey Pasture, in the proportions and according to a rate by me made for the same and which is written in the margin of the map of the said tract or parcel of land on the said pasture annexed to this my award under the direction of a person or persons to be from time to time appointed by the major part in value of the owners of the several allotments on the said tract or parcel of land, according to the said rate, who shall attend at a meeting to be called for tliat purpose by any three of the said owners, of which meeting notice shall be given at least two Sundays in the Parish Church of Wallasey before the same shall be held. And that the fence on the southwaixl side of the said drain, marked Public Drain 1, shall be for ever afterwards kept in repair by the owners of allotments adjoining the said drain. And in further execution of the said Acts I have set out and Sale allot- allottetl from and out of the said tract or parcel of land called Wallasey ment, Pasture, in Wallasey aforesaid, the piece or parcel of land hereinafter o^^°^^^o mentioned for sale, towai'ds defraying the charges and expenses q^^ ""' ' ' 96 54 Geo. III. Commissioner'' s Atvairl, Wallasey Inclosure. eh. l.r.r.rvii. incident to and attending the obtaining of the said Acts, and of carrying the same into execution in the manner and as directed in the said Act, and which parcel of land is described as follows : — One part of the said tract or parcel of land called Wallasey Pastvire, containing three acres, marked on the said map with the letters Q Q, by me sold to Thomas Sparks, bounded northwardly by the pul)lic road marked in the said map with the letter I, eastwardly by the allotment No. 37 to Margaret Jones and No. 36 to Thomas Sparks, southwardly by the said allotment No. 36 to Thomas Sparks, and westwardiy by an allotment No. 35 to the Eeverend Augustus CamplDell. And I direct all the fences to this allotment to be made and for ever afterwards kept in repair by the owner thereof. Devisee in I also set out and allot unto the devisee in trust under the last Trust of the ^yiii ^nd testament of the Eeverend George Briggs, deceased, in B^Vo- N°\ right of his two cowgaits on the said tract or parcel of land now in 3 0°1l'7. lease to John Eogers, a piece or parcel of land, part of the said tract or parcel of land called Wallasey Pasture, marked in the said map No. 1, containing three acres and seventeen perches, bounded northeastwardly in part by an allotment on the Wallasey Leasowe to Miss Jane Eainsford, No. 9, in other part by two other allotments on the said Leasowe marked respectively No. 8 and No. 8a, to the said devisee, and in other part by an allotment on the said Leasowe. sold to Mr. Leigh Blundell marked L, eastwardly in part by ancient inclosed lands in the Township of Wallasey belonging to George Evans, in other part by ancient inclosed lands in the said township belonging to the said devisee, and in other part by ancient lands in the said township belonging to Sir John Grey Egerton, and southwardly by the public road over the tract or parcel of land marked on the said map I, and w'estwardly by an allotment to the said devisee on the said tract or parcel of land No. 1a. And in making this allotment it is meant and intended that John Eogers, who holds the cowgaits in right of which this allotment is made under the before-mentioned lease for the lives of himself and Alice Eogers and William Eogers from the Eeverend George Briggs and his assigns, shall hold and enjoy this allotment along wath the other ands in the said lease during his and their estate and interest therein. And I direct the fences on the southward and westward sides thereof shall be made and kept in repair by the said John Eogers during the continuance of his said lease and afterwards be kept in repair by the owner thereof. Same No. 1a 2, 1, 31. I also set out and allot unto the said devisee, his heirs and assigns, in right of his one and a-half other cowgaits on the said tract or parcel of land, a piece or parcel of land, other part of the said tract or parcel of land, marked in the said map No. 1a, containing two acres one rood and thirty-one perches, bounded northwardly in part by an allotment to Sir Thomas Stanley Massey Stanley on the Wallasey Leasowe No. 10, in other part by an allotment to Miss Eainsford on the said Leasowe No. 9, eastwardly by the last- mentioned allotment No. 1 on the said tract or parcel of land, southwardly by the said public road I, and westwardiy by an allot- ment No. 2 on the said tract or parcel of land to John Davies. And I direct the fences on the southward and westward sides to he made and for ever afterwards kept in repair l)y the owner thereof, 54 Geo. HI. Coiiimissiouer's Award, eh. Ixxxvii. 97 Wallasey Inclosure. I also set out and allot unto John Davies, his heirs and assigns, JohnDavies, a piece or parcel of land, other part of the said tract or parcel of ■'^^^ ^' ^' ^' ^"^ land, marked in the said map No. 2, and containing four acres two roods and seventeen perches, bounded nortiiwardly by allot- ments on the said Leasowe No. 11 to Mrs. Wade's trustees and No. 10 to Sir Thomas Stanley Massey Stanley, east- wardly by an allotment on the said tract or parcel of land No. Ia to the devisees of the Reverend George Briggs, south- wardly by the said public road I, and westwardly by an allotment No. 3 to Sir Thomas Stanley ^Massey Stanley, the right to which said allotment belonged to the Reverend James Smedley in respect of his three cowgaits on the said aforesaid tract or parcel of land, and was sold and disposed of to the said John Davies to whom I have made this allotment in pursuance of the said Act. And I direct the southward and westward fences of the said allotment to be made and for ever afterwards kept in repair by the owner or owners thereof. I also set out and allot unto Sir Thomas Stanley Massey Stanley, Sir T. S. M. Baronet, his heirs and assigns, a piece or parcel of land other part of Stanley, the said tract or parcel of land, marked in the said map No. 3, ^jl^i^ Trustees containing four acres three roods and thirty-two perches, bounded of Mrs. Wade, northwardly in part by an allotment to the Reverend Augustus No. 3, 4, 3, 32. Campbell on the said Leasowe No. 13, and in other part by the allotment No. 11 on the said Leasowe made to Mrs. Wade's trustees, and eastwardly by the last-mentioned allotment to John Davies No. 2, southwardly by the said public road I, and westwardly by the allotment on the said tract or parcel of land No. 4 to Joseph Green, the right to which said allotment No. 3 belongs to the said Mrs. Wade's trustees, in respect of their three cowgaits on the said tract or parcel of land, and was sold and disposed of by them to the said Sir Thomas Stanley Massey Stanley, to whom I have made this allotment in pursuance of the said Act. And I direct the fences on the southward and westward sides thereof shall be made and kept in repair by the owner thereof. I also set out and allot unto Joseph Green, his heirs and assigns, Joseph a piece or parcel of land other part of the said tract or parcel of land ^'^'^^ j' ^' marked in the said map No. 4, containing five acres, three roods and ' ' eleven perches, bounded northwardly in part by an allotment on the said Leasowe to the said Joseph Green No. 14, and in other part by another allotment on the said Leasowe No. 13 to the Reverend Augustus Campbell, eastwardly by the said allotment on the pasture No. 3 to Sir Thomas Stanley Massey Stanley by the said pul)lic road I, and westwardly by an allotment to Sir John Tobin on the said pasture No. 5, the right to wliich said allotment belonged to Robinson Deane in respect of his four cowgaits on the said tract or parcel of land, and has been sold and disposed of by the said Robinson Deane to the said Joseph Green to whom 1 have allotted the same in pursuance of the said Act. And I direct the fences on the southward and westward sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto the said Joseph Green, his heirs and Joseph assigns, a piece or parcel of land other part of the said tract or parcel ^^3^28^°^^' of land marked in the said map No. 29, containing three roods and ' ' twenty-eight perches, bounded northwardly and eastwardly by the allotment No. 34 on the said tract or parcel of land to the said Joseph H 98 54 Geo. III. Covimissioner'' s A ward, Wallasey Inclosiire. ell. Ixocxvii. Joseph Green, No. 5, 1, 32. 34 Green, southwardly Ijy the allotment No. 30 on the said tract or parcel of land to John Leigh, Esquire, and westwardly by the public drain marked " Public Drain 3 " tjetween this present allotment and the private road Z Z, the right to which said allotment belonged to the said Eobinson Deane in respect of his four cowgaits on the said tract or parcel of land, and has been sold and disposed of by the said Eobinson Deane to the said Joseph Green to whom I have allotted the same in pursuance of the said Act. And I direct the fences on the northward and westward sides thereof to be made and for ever afterwards kept in repair l)y the owner thereof. I also set out and allot unto the said Joseph Green, his heirs and assigns, in right of his five cowgaits on the said tract or parcel of land a piece or parcel of land other part of the said tract or parcel of land marked No. 34 in the said map, containing five acres, one rood and thirty-two perches, bounded northwardly in part by an allotment on the said tract or parcel of land made to Peter Ledsham marked No. 28, in other part by an allotment on the same marked No. 35 to the Eeverend Augustus Campbell, and in other part by an allotment on the same to Thomas Sparks, marked No. 36, eastwardly by ancient inclosed lands in the township of Wallasey belonging to Thomas Sparks and Eobert Vyner, Esquire, southwardly in part by an allot- ment No. 33 on the said tract or parcel of land to Sir Johii Grey Egerton, in other part by an allotment to John Leigh No. 30, and in other part by an allotment on the same No. 29 made to the said Joseph Green, and westwardly in part by the allotment No. 29 to the said Joseph Green, in other part by the public drain No. 3, dividing this allotment from the private road Z Z. x^nd I direct the fences on the northward and westward sides thereof, to be made and for ever after- wards kept in repair by the owner thereof. Sir John I also set out and allot unto Sir John Tobin, his heirs and assigns, T°q"q'n^^' ^' ^ piece or parcel of land other part of the said tract or parcel of land Purchased ^i^i'ked in the said map No. 5, containing five acres three roods and from Jos. thirty-nine perches, bounded northwardly in part by an allotment to Jackson. the said Sir John Tobin on Wallasey Leasowe No. 15, and in other part by an allotment to Joseph Green on the said Leasowe No. 14, eastwardly by an allotment on the said tract or parcel made to the said Joseph Green No. 4, southwardly by the said public road marked I, and westw^ardly by a public drain marked " Public Drain 3," between this present allotment and an allotment on the same to John Leigh, Esquire, marked No. 6, the right to which said allotment No. 5 belonged to Joseph Jackson in respect of his three and a-half cowgaits on the said tract or parcel of land, and has been sold and disposed of by him to the said Sir John Tobin to whom I have made this allotment in pursuance of the said Act. And I direct the fences on the southward and westward sides thereof, to be made and for ever afterwards kept in repair l)y the owner thereof. John Leigh, I also set out and allot unto John Leigh Esquire, his heirs and Esqmre, assigns, in right of his nineteen cowgaits on the said tract or parcel '' "'"' ' of land, a piece or parcel of land other part of the said tract or parcel of land marked in the said map No. 6, containing tw^enty-two acres and eighteen perches, bounded northwardly in part by an allotment on the said Leasowe, to Sir John Tobin, No. 17, in other part by an allotment on the said Leasowe to the said John Leigh, Esquire, marked 54 Geo. ITT. Commissioner's Award, cTi. Ixxxvii. 99 Wallasey Inclosure. No. 16, eastwardly by the public drain 3, between this present allotment and an allotment on the said tract or parcel of land to Sir John Tobin, marked No. 5, southwardly by the said public road I, and westwardly by the allotment on the same to Sir John Tobin, marked No. 7a. And I direct the fences on the southward and westward sides thereof, be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Leigh, Esquire, his heirs John Leigh, and assigns, in right of his said nineteen cowgaits, a piece or parcel S^'^^o/v'^^^J a-i of land other part of the said tract or parcel of land marked in the " ' ' ' ' said map No. 30, containing eight acres one rood and twenty-one pei'ches, bounded northwardly by two several allotments on the same made to Joseph Green, Nos. 29 and 34, eastwardly I)y an allotment on the same to Sir John Grey Egerton, No. 33, southwardly by another allotment to the said Sir John Grey Egerton, No. 31, and westwardly by the public drain 3, between this present allotment and the said private road ZZ. And I direct the fences on the northward and westward sides to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot to Sir John Tobin, Knight, his heirs and Sir John assigns, in right of his twenty-two and a-half cowgaits on the said ^°^''^"' ^^^'^ tract or parcel of land, a piece or parcel of land other part of the 33 ' ' ' "' said tract or parcel of land marked in the said map No. 7a, containing nine acres two roods and thirty-eight perches, bounded northwardly by an allotment on Wallasey Leasowe to the said Sir John Tobin No. 17 eastwardly by an allotment to the said John Leigh on the said tract or parcel of land No. 6, southwardly by the public road I, and westwardly l)y the public road E, between this present allotment and an allotment No. 7b, on the same to the said Sir John Tobin, and I dii-ect the fences on the southward and westward sides thereof shall be made and for ever afterwards be kept in repair ])y the owners thereof. I do also set out and allot unto the said Sir John Tobin, his heirs Sir John and assigns, in right of his said twenty-two and a-half cowgaits a ^°^'"' ^^""t-. piece or parcel of land other part of the said tract or parcel of land q %^ ' ' marked on the said map No. 7b, containing eleven acres and twenty- four perches, bounded northwardly by an allotment on the Wallasey Leasowe, to Sir John Grey Egerton, No. 18, eastwardly l^y the public road R, southwardly l)y the public road I, and westwardly by tbe public drain marked No. 2, between this preseiit allotment and an allotment No. 8, on the said tract or parcel of land to Sir John Grey Egcn-ton, and I direct the fences on tlio eastward and southward and westward sides thereof shall be made and for ever afterwards kept in repair by the owners thereof. I do also set out and allot unto the said Sir John Tobin, his heirs Sir John and assigns, in right of his said cowgaits another piece or parcel of -j^*^ "'; y 1 ' land other ))art of the said tract or parcel of land marked in tlie 3(5/ ' ' ' said map No. 14, containing nine acres one rood and thirty-six perches, bounded northwardly by the said public road I, eastwardly by a private road marked Z, southwardly by ancient inclosed land belonging to Jane Rainsford, and westwardly by the public drain marked " Public Di-ain No. 2," between this present allotment and an allotment No. 13, to Sii' John Grey Egerton on the said tract or 100 54 Geo. III. Commissioner' a Award, ch. Ixxxvii. Wallasey Inclosure. parcel of land and I direct the fences on the northward and east- ward sides thereof to be made and for ever afterwards kept in repair by the owners thereof. Sir John I also set out and allot unto the said Sir John Tobin, his heirs and ^obin, Kngt., assigns, in right of his said cowgaits a piece or parcel of land other l(j' ' ' ' '' ' part of the said tract or parcel of land marked on the said map No. 32, containing seven aci'es and nineteen perches, bounded north- wardly by an allotment No. 33, to Sir John Grey Egerton on the same eastwardly by ancient inclosed lands belonging to Sir John Grey Egerton and Sir John Tobin, southwardly by ancient inclosed lands belonging to Sir John Grey Egerton, and westwardly by an allotment No. 31, to Sir John Grey Egerton on the same, and I direct the fences on the northward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Sir John Grey I also set out and allot unto Sir John Grey Egerton, Baronet, his Egerton, heirs and assigns, to the uses and under the limitation in the will 9^2 3G ° ' °^ Philip Egerton, late of Oulton Park, Esquire, deceased, respecting the same in right of his eighteen and a-half cowgaits on the said tract or parcel of land a piece or parcel of land other part of the said tract or parcel of land marked No. 8, containing nine acres two roods and thirty-six perches, bounded northwardly by allotments ■ No. 19 and 18 to the said Sir John Grey Egerton, on the said Wallasey Leasowe, eastwardly by the public drain marked No. 2, between this present allotment and an allotment No. 7b, to the said Sir John Tobin on the said tract or parcel of land, northwardly by the said public road I, and westwardly by an allotment No. 9, to Eobert Vyner, Esquire, on the same, and I direct the fences on the southward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Sir J. G. I also set out and allot unto the said Sir John Grey Egerton, Egerton, Baronet, his heirs and assigns, in the manner aforesaid, in right of ^^q^'oi^"" ^^' ^^^^ ^^^^ cowgaits on the said tract or parcel of land aforesaid, a ' ' ■ piece or parcel of land other part of the said tract or parcel of land marked in the said map No. 13, containing three acres, three roods, and twenty-four perches, bounded northwardly by the said public road I, eastwardly by the public drain marked " Public Drain No. 2," between this present allotment and an allotment on the same to Sir John Tobin No. 14, southwardly by ancient inclosed lands belonging to Miss Eainsford and westwardly by the private road marked Y. And I direct the fences on the northward, eastward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Sir J. G. I also set out and allot unto the said Sir John Grey Egerton, his Egerton, heirs and assigns, in right of his said cowgaits on the said tract or ^^ Qn parcel of land a piece or parcel of land other part of the said tract or ' ' ' parcel of land, marked in the said map No. 31, containing five acres, three roods, and twenty perches, bounded northwardly in part by an allotment on the same to John Leigh, Esquire, No. 30, and in other part by another allotment on the sam'e to the said Sir John Grey Egerton, No. 33, eastwardly by an allotment to Sir John Tobin, on the same, No. 32, southwardly in part by ancient inclosed lands in Wallasey aforesaid, belonging to the said Sir John Grey Egerton, and in other part by tlie fender or watercourse running from Newton •54 Geo. III. Commis^iu)ier'>i Award , ch. Ixxxvii. 101 Wallasey Incloswre. CaiT to Wallasey, and westwardly by the public drain No. 3, between this present allotment and an allotment on the said tract or parcel of land No. 20 to Eobert Vyner, Esquire. And I direct the fences on the northward side thereof to be made and for ever afterwards kept in repair by the owner or owners thereof. I do also set out and allot unto the said Sir John Grey Egerton, Sir J. G. his heirs and assigns, in manner aforesaid, in right of his said ^8^^^°^^' cowgaits on the said tract or parcel of land, another piece or parcel °- > > > of land other part of the said tract or parcel of land, marked on the said map No. 33, containing six acres three roods, and thirty-five perches, bounded northwardly by an allotment No. 34 to Joseph Green, Esquire, on the same eastwardly in part by ancient inclosed lands belonging to Eobert Vyner, Esquire, and in other part by ancient inclosed lands belonging to the said Sir John Grey Egerton. southwardly in part by an allotment No. 32 to Sir John Tobin on the same, and in other part by an allotment No. 31, to Sir John Grey Egerton on the same, and westwardly by an allotment No. 30 to John Leigh, Esquire, on the same. And I direct the fences on the northward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Sir John Grey Egerton, his sir J. G. heirs and assigns, in manner aforesaid, in right of his said cowgaits, Egerton, a piece or parcel of land other part of the said tract or parcel of land No. 38, 0,0, 35 marked on the said map No. 38, containing thirty-five perches, bounded northwardly by the said public road I, southeast wardly in part by ancient inclosed lands belonging to Robinson Deane, and in other part by ancient inclosed lands belonging to Sir John Grey Egerton, south westwardly by ancient inclosed lands belonging to Thomas Sparks and northwestwardly by the public drain marked No. 4 between the said allotment No. 36 to Thomas Sparks and the allotment No. 37 to Margaret Jones. And I direct the fences on the northward side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Robert Vyner, Esquire, in right of RobertVyner his twenty-one and a-half cowgaits on the said tract or parcel of Esquire, land, other part of the said tract or parcel of land marked in the °- > > > said map No. 9, containing five acres two roods and twenty-one perches, bounded northwardly in part by an allotment No. 28 to the said Robert Vyner on the Wallasey Leasowe, and in other part by an allotment No. 19 to Sir John Grey Egerton in the said Leasowe, eastwardly by an allotment No. 8 to Sir John Grey Egerton on the said tract or parcel of land, southwardly by the said public road I, and westwardly by another allotment No. 10 to the said Robei't Vyner on the same, but in making this allotment it is meant and intended that Ann Eainsford, who holds three of the Ann cowgaits in respect of which this allotment is made by virtue of a Rainsford's lease thereof from the said Robert Vyner for three lives, shall Leasehold, occupy and enjoy the same allotment with the other lands comprised in such lease during her estate and interest therein. And I direct the fences on the southward and westward sides thereof to be made and kept in repair by the said Jane Rainsford or her assigns during the continuance of such lease and afterwards by the owner or owners thereof. ]02 54 Geo. III. Commissioner 8 Awards Wallasey Inclosiire. ch. Ixxxi'ii- John Webster's Leasehold Robert Vyuer, Esquire, No. 19,3,2,6. RobertVyner, I also set out and allot unto the said Eobert Vyner, Esquire, his Esquire, \\e,iv% and assigns, in further right of his said cowgaits, a piece or No.lO, 3,2,23 p^^.pg^ q{ ]^^j-jjJ^ qI^Ij^^. ^^^^ ^f ^1^^ g^^i^j t^.j^ct or parcel of land marked in the said map No. 10, containing three acres two roods and twenty- three perches, bounded northwardly in part by an allotment No. 20b to the said Eobert Vyner on the said Wallasey Leasowe, in other part by an allotment No. 20a to the said Robert Vyner on the said Leasowe, eastwardly by an allotment No. 9 to the said Eobert Vyner on the said tract or parcel of land, southwardly by the said public road I, and westwardly by an allotment No. 11 to the said Eobert Vyner on the same, but in making the allotment to the said Eobert Vyner it is meant and intended that John Webster, who holds the four and a half cowgaits in right of which this allotment is made by virtue of a lease from the said Eobert Vyner for three lives, shall occupy and enjoy the said allotment along with the other lands comprised in the said lease during the continuance of his estate and interest therein. And I direct the fences on the southward and westward sides thereof to be made and be kept in repair by the said John Webster or his assigns during the continuance of such lease and afterwards by the owner thereof. I also set out and allot unto the said Eol^ert Vyner, his heirs and assigns, in further right of his said cowgaits, a piece or parcel of land, other part of the said tract or parcel of land, marked on the said map No. 19, containing three acres two roods and six perches, bounded northwardly in part by allotments No. 17 and 18 to the said Eobert Vyner on the same, and in other part by an allotment No. 2L to the heirs of Elizabeth Bird on the same, eastwardly by an allotment No. 20 to the said Eobert Vyner, southwardly by the fender or watercourse running from Newton Carr to Wallasey Pool, and westw-ardly by an allotment No. 16 to the said Eobert Vyner on the same, but in making this allotment to the said Eobert Vyner it is meant and understood that the said John Webster, who holds the said four and a-half cowgaits in right of which this allotment is made by virtue of the lease before-mentioned, shall occupy and enjoy the said allotments along with the other lands comprised in such lease during the continuance of his estate and interest therein saving and reserving, nevertheless, out of this allot- ment a right of road of four yards wide along the north side thereof, for the use of the occupiers of the several allotments marked respectively No. 16, 17 and 18. And I direct the fences on the northward and westward sides thereof to be made and kept in repair by the said John Webster or his assigns during the continuance of such lease and afterwards by the owner tliereof. I also set out and allot unto the said Eobert Vyner, Esquire, his heirs and assigns in further right of his said cowgaits a piece or parcel of land, other part of the said tract or parcel of land marked on the said map No. 11, containing three acres two roods and twenty- three perches, bounded northwardly by an allotment No. 20 on the Wallasey Leasowe to the said Eobert Vyner, Esquire, eastwardly by an allotment No. 10 to the said Eobert Vyner, Esquire, on the said tract or parcel of land, southwardly by the said public road I, and westwardly by ancient inclosed lands belonging to the said Eobert Vyner. And I direct the fence on the southward side thereof to be made and for ever afterwards kept in repair by the owner thereof. John Webster's Leasehold. RobertVyner, Esquire, No.ll, 3,2,23 54 Geo. III. Coninii'i.^iuner'H Award, clt. Ixxxcii. 103 Wallasey Inclosure. I also set out and allot unto the said Eobert Vyner, Esquire, his RobcrtVyncr, heirs and assigns in right of his said cowgaits a piece or parcel of ■^°' ■'•^' ^' ^' •'■• land, other part of the said tract or parcel of land marked on the said map No. 12, containing live acres two roods and one perch, bounded northwardly by the said Public Eoad I, eastwardly by a private road marked on the said map Y, southwardly and westwardly hy ancient inclosed lands belonging to the said Eobert Vyner, Esquire. And I direct tlie fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Eobert Vyner, his heirs and RobertVyner, assigns in right of his said cowgaits a piece or parcel of land, other part *J' > >' of the said tract or parcel of land marked on the said map No. 16, containing four acres two roods and twenty-one perches, bounded northwardly by an allotment No. 15 on the same to the trustee of the late Matthew Taylor, eastwardly by allotments No. 17 and 19 on the same to the said Eobert Vyner, southwestwardly in part by the fender or watercourse leading from Newton Carr to Wallasey aforesaid and in other part by ancient inclosed lands belonging to the said Eobert Vyner and northwestwardly l)y ancient inclosed land belonging to Jane Eainsford, ])ut in making this allotment to the said Eobert Vyner it is meant and intended that Thomas Hilliard Thomas who holds three and a-half of the cowgaits in right of which this Hilliard's allotment is made by virtue of a lease from Eobert Vyner, Esquire, Leasehold for three lives shall occupy and enjoy the said allotment together with the right and liberty of using and enjoying the said road so reserved from and out of the said allotments No. 19 and 20 to Eobert Vyner, Esquire along with the other lands comprised in such lease during the continuance thereof. And I direct the fences on the northward side thereof and so much thereof on the eastward side as adjoins the allotment marked No. 17 to the said Eobert Vyner, Esquire, to be made and kept in repair by the said Thomas Hilliard or his assigns during the continuance of the said lease and afterwards by the owner thereof. I also set out and allot unto the said Eobert Vyner, his heirs and RobertYjiier, assigns in further right of his said cowgaits, a piece or parcel of land No- 17, 1,3 2i other part of the said tract or parcel of land, marked on the said map No. 17, containing one acre three roods and twenty-four perches, bounded northwardly by an allotment No. 15 to the trustee of the said Matthew Taylor, on the same eastwardly by an allotment No. 18 to the said Eobert Vyner, southwardly by allotments No. 19 and No. 16 to the said Eobert Vyner on the same and westwardly by the said allotment No. 16 to the said Eol)ert Vyner, and in making the said allotment to the said Eobert Vyner it is meant and intended that Gerard Stanley who holds one and a-half of the cow- Gerard gaits, in right of which the allotment is made for three lives, under a Stanley's lease thereof from Eobert Vyner thereof, should hold and occupy Leasehold, this allotment, together with the privilege of using the said road, reserved out of the allotments Nos. 19 and 20 during the continuance of his said lease, and I direct the fences on the northward and eastward sides thereof to be made and kept in repair by the said Gerard Stanley during the continuance of his said lease, and after- wards kept in repair by the owner thereof. I also set out and allot unto the said Eobert Vyner, his heirs and RobertVyner assigns, in further riglit of his said cowgaits, a piece or parcel of land No. 18, 1,3,38 104 54 Gt'o. III. Connnissioner's Aivard^ ch. Ixxxvii. Wallasey Inclosiire. other part of the said tract or parcel of land, marked on the said map No. 18, containing one acre three roods and thirty-eight perches, bounded northwardly by an allotment No. 15 to the said trustee of the late Matthew Taylor, on the same eastwardly in part by an allotment No. 23 on the same to the representatives of the late Wihiam Groom, in other part by allotment No. 22 to John Meadows on the same and in other part by an allotment on the same No. 21 to Elizabeth Bird's representatives, southwardly by an allotment No. 19 to the said Eobert Vyner, and westwardly by an allotment No. 17 to the said Eobert Vyner, but in making this allotment to the Peter said Eobert Vyner, it is meant and intended that Peter Wilson who Wilson's holds one and a-half of the cowgaits in right of which this allotment Leasehold. jg made, under a lease thereof from the said Eobert Vyner, Esquire, for three lives, shall occupy and enjoy the same and also have the right and privilege of using and enjoying the said road, reserved from and out of the said two allotments No. 19 and No. 20, along with the other lands demised by the said lease during the continuance thereof, and I direct the fences on the northward and eastward sides thereof to be made and be kept in repair by the said Peter Wilson during the continuance of his said lease and afterwards to be kept in repair ])y the owner thereof. RobertVyner, I also set out and allot unto the said Eobert Vyner, Esquire, his Esquire, heirs and assigns, in right of his said cowgaits, a piece or parcel of No. 20, 3,2,26 ^^^^ other part of the said tract or parcel of land, marked in the said map No. 20, and containing three acres two roods and twenty-six perches, bounded northwardly by an allotment on the same No. 21 to Elizabeth Bird's representatives, eastwardly in part by the pviblic drain No. 3, between this allotment and allotment No. 31 to Sir John Grey Egerton, on the same and in other part by the fender or watercourse leading from Newton Carr to Wallasey, southwardly and westwardly in part by the said fender or watercourse, and in other part by an allotment No. 19 on the same to the said Eobert Vyner, saving and reserving nevertheless from and out of this allotment a right of road of four yards wide on the north side thereof, for the owners and occupiers of the several allotments Nos. 16 and 17 and Nos. 18 and 19, made to Eobert Vyner, Esquire, and I direct the fences on the northward, eastward and westward sides thereof to be made and for ever afterwards kept in repair by the owners thereof. Trustees of I also set out and allot unto the trustees made and appointed in ^l'l^'^l2^2 9 ^^^^ ^y ^^^ ^^^* ^^^^ ^^^^ Testament of Matthew Taylor, Gentleman, ' ' ' deceased, in right of the eight cowgaits belonging to the said Matthew Taylor a piece or parcel of land other part of the said tract or parcel of land marked on the said map No. 15 containing twelve acres two roods and nine perches bounded northwardly by the said public road I, eastwardly in part by the allotment No. 25 on the same to John Urmson, in other part by the allotment No. 24 to Eichard Smitli, Esq., and in other part by an allotment No. 23 to the representatives of William Groom, southwardly by three allotments No. 18, No. 17, and No. 16 to Eobert Vyner, and westwardly in part by ancient inclosed land belonging to Jane Eainsford and in other part liy the said private road Z, and I direct the fences on the northward and eastward sides thereof and so much of the fence of the westward side as adjoins the said private road Z shall be made and for ever afterwards kept in repair by the owner thereof. 54 Geo. III. C(>7)imis.'ii(jner\^ Award, ch. Ixxxvii. 105 Wallasey Inclosure. I also set out and allot unto the heirs, devisees, or other represen- Heirs of tatives of Elizabeth Bird, her, his, or their heirs and assigns in right gj^.j^^^^o^l of her three cowgaits on the said tract or parcel of land, a piece or 3 3 \.^ ' ' parcel of land other part of the said tract or parcel of land marked on the said map No. 21 containing three acres three roods and thirteen perches bounded northwardly by an allotment No. 22 to John Meadows on the same, eastwardly by the said private road ZZ, southwardly by allotments No. 19 and 20 to Robert Vyner, Esquire, on the same and westwardly by an allotment No. 18 on the same to the said Robert Vyner, and I direct the fences on the southward and eastward sides to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto John Meadows, his heirs and assigns, John in right of his three cowgaits on the said tract or parcel of land a ^^'^ooT's 14 piece or parcel of land other part of the said tract or parcel of land ' ' ' ' ' marked on the said map No. 22 containing three acres three roods and fourteen perches, bounded northwardly by an allotment No. 23 on the same to the representatives of William Groom, eastwardly by tlie said private road ZZ, southwardly by an allotment on the same No. 21 to the representatives of Elizabeth Bird, and westwardly by an allotment No. 18 on the same to Robert Vyner, and I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the heir, devisee, or representative of Ropreseuta- Williant Gi'oom his heirs and assigns in right of his three cowgaits ^j'^'^ ^^ W. M. on the said tract or parcel of land a piece or parcel of land marked on ]^q°23^ 3 3 9 the said map No. 23 containing three acres three roods and nine perches, bounded northwardly by an allotment No. 24 to Richard Smith, Esq., on the same eastwardly by the said private road ZZ, southwardly by an allotment No. 22 to John Meadows on the same and westwardly in part by an allotment No. 18 on the same to Robert Vyner, Esquire, and in other part by an allotment No. 15 to the trustees of Matthew Taylor, and I direct the fences on the northward and eastward sides tliereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Richard Smith, Esquire, his heirs and Richard assigns, in right of his three cowgaits on the said tract or parcel of xr""24'4^^0 i land a piece or parcel of land marked on the said map No. 24 contain- ing four acres and four perches, bounded northwardly in part by an allotment No. 25 on the same to John Urmson and in other part by an allotment on the same No. 26 to James Harrocks and in other ])art by an allotment No. 27 to Robert Stanley on the same, east- wardly by the said private road ZZ, southwardly by an allotment to the representatives of William Groom No. 23 on the same, and west- wardly by an allotment No. 15 on the same to the trustees of the said Matthew Taylor. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in re))air by the ownei" thereof. I also set out and allot unto John Urmson, his heirs and assigns, JohnUnnson, in right of his two cowgaits on the said tract or parcel of land apiece No.25, 3,0, 3. or parcel of land other part of the said tract or parcel of land marked on the said map No. 25, containing three acres and three perches, bounded northwardly l)y the said public road I, eastwardly by the allotment No. 26 on the same to James Harrocks, southwardly b)' an 106 54: Geo. III. Commissi()iier''s Award, ch. Ixxxvii. Wallasey luclosure. allotment on the same No. 24 to Eichard Smith, Esquire, and west- wardly by an allotment No. 15 to the said trustee of Matthew Taylor on the same. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. James I also set out and allot unto James Harrocks, his heirs and assigns, Harrocks, in right of his one and a-half cowgait on the said tract or parcel of Purcl^se i^^^^f^ g^ piece or parcel of land other part of the said tract or parcel of millarcr ^^"^^ marked on the said map No. 26, containing two acres and thirty- No. 26, 2,0,35 five perches, bounded northwardly by the said public road I, east- wardly by an allotment No. 27 on the same to Eobert Stanley, southwardly by an allotment No. 24 to Eichard Smitli, Esquire, on the same, and westwardly by an allotment No. 25 to John Urmson the right to which said allotment No. 26 belonged to Eichard Hilliard who has sold and disposed of the same to the said James Harrocks to whom I have made this allotment in pursuance of the said Act. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Robert I also set out and allot unto Eobert Stanley, his heirs and assigns, Stanley, in right of his two cowgaits on the said piece or parcel of land a piece No.27, 2,3, li Qj. pj^i-cel of land other part of the said tract or parcel of land marked on the said map No. 27, containing two acres, three roods and four- teen perches, bounded northwardly by the said public road I, east- wardly by the said private road Z Z, southwardly by an allotment on the same No. 24 to Eichard Smith, Esquire, and westwardly by an allotment on the same No. 26 to James Harrocks. And I direct the fences on the northward and eastward sides thereof to bo made and for ever afterwards kept in repair by the owner thereof. Peter I also set out and allot unto Peter Ledsham, his heirs and assigns, Lcdsham, in right of his two cowgaits on the said tract or parcel of land a piece No. 28, 2,2,29 qj. pa^-gg} of land other part of the said tract or parcel of land marked on the said map No. 28, containing two acres, two roods and twenty- nine perches, bounded northwardly by the said public road I, east- wardly by an allotment No. 35 to the Eector of Wallasey on the same, southwardly by an allotment on the same No. 34 to Joseph Green, Esquire, and w^estwardly by the public drain No. 3, between this allotment and the said private road Z Z. And I direct the fences on the northward and westward sides thereof to be made, and for ever afterwards kept in i-epair by the owner thereof. Rector of I also set out and allot unto the said Augustus Campbell, the Wallase^y, Eector of the Parish, and Parisli Church of Wallasey aforesaid, in No. 35, 7,2,u8 y.[g\^^ qI ]^ig gjx and a-half cowgaits on the said tract or parcel of land a piece or parcel of land other part of the said tract or parcel of land marked on the said map No. 35, containing seven acres, two roods and thirty-eight perches, bounded northwardly by the said public road I, eastwardly in part by an allotment marked Q Q sold by me to Thomas Sparks, and in other part by an allotment No. 36 to the said Thomas Sparks on the same, and southwardly by an allotment on the same, No. 34, to Joseph Green, and westwardly by an allotment on the same. No. 28, to Peter Ledsham. And I direct the fences on the northward and westward sides thereof, to be made and for ever after- wards kept in repair by the owner thereof. And I the said 54 Geo. III. Commissioner'' 6 Award, ch. Ixxxcii. 107 Wallasey Inclosure. Commissioner do also direct that the drain or watercourse from the before described allotment unto the ancient watercourse running to the fender through the allotments made to Joseph Green, Esquire, Sir John Grey Egerton, and Sir John Tobin, shall be left open and cleansed whenever necessary by the owners of the said allotments. I also set out and allot unto Thomas Sparks, his heirs and assigns, Thomas in right of his two cowgaits on the said tract or parcel of land, a S^^'^o^^,, piece or parcel of land other part of the said tract or parcels of land '' ' -' ' marked on the said map No. 36, containing two acres and eighteen perches, liounded northwardly in part l^y an allotment marked QQ, by me sold to the said Tliomas Sparks, and in other part by an allotment No. 37 to Margaret Jones on the same, southeastwardly in part by the public drain No. 4, between this allotment and an allotment No. 38 to Sir John Grey Egerton, and in other part by ancient inclosed lands belonging to the said Thomas Sparks, south- wardly by an allotment on the said tract or parcel of land No. 34 to Joseph Green, and westwardly in part by an allotment on the same, No. 35, to the said Rector of Wallasey aforesaid, and in other part by an allotment QQ, by me sold to the said Thomas Sparks. And I direct so much of the fences on the northward side as adjoins the said allotment No. 37 to Margaret Jones, and so much of the fences on the westward side as adjoins the said allotment No. 35, and so nuich of the fence on the eastward side as adjoins the said drain, to be made and for ever afterwards kept in repair by the owner thereof. T also set out and allot unto Margaret Jones, her heirs and assigns, ^Margaret in right of her one cowgait on the said tract or parcel of land, a piece Jones, No. 37, or parcel of land other part of the said tract or parcel of land marked ' ' on the said map No. 37, containing one acre and sixteen perches, bounded northwardly l)y the said puljlic road I, eastwardly by the public drain No. 4, Ijetween this allotment and the allotment No. 38, to Sir John Grey Egerton, southwardly by the said allotment No. 36, to Thomas Sparks on the same, and westwardly by the said allot- ment QQ, l)y me sold to the said Thomas Sparks. And I direct the fences on the northward and eastward sides to be made and for ever afterwards kept in repair l)y the owner thereof. And with respect to the said commons and waste lands in the township of Poolton-cum-Seacombe, I the said Conmiissioner do make my award as follows, that is to say : — In the first place I do hereby })articularisc and descri])e the public carriage roads, liigliways, and private roads and footways so set out l)y me through and over the same last mentioned conunons and waste lands as aforesaid in manner following, that is to say : — One public carriage road or highway marked in the said map with Public Road the letter A, on part of the said commons and waste lands on A. Seacombe Connnon beginning at the Seacombe Ferry house and running northwardly in an irregular line near to the cottage or dwelling house in the occupation of Ann Bennett, and then continu- ing northwestwardly to the end of the lane leading to Liscard and then turning westwardly towards Poolton along the present road there. One otlier public carriage road or highway marked with tlie letter B, Public Road on part of the said conunons and waste lands on Seacombe Common B. 108 54: Geo. III. Public Road C. Public Road D. Private Road Private Road b. Private Road c. Private Road d. Private Road f. Commissioner's Aivaril, WaUaseij Inclosure. ■h. I r.r.rvu. Private Road e. aforesaid, leading from the last-mentioned road in a southwardly direction to a certain lane there called Whiteling Lane. One other public carriage road or highway marked with the letter C, on part of the said commons or waste lands on Poolton Common beginning at the end of the lane near the dwelling house occupied by Mr. Webster, in Poolton aforesaid, and running from thence in a westwardly direction to the south end of the before described public road on Wallasey Breck marked L. One other public carriage road and liighway marked with the letter D on pai't of the said commons and waste lands on Poolton Common aforesaid, beginning at the premises held by Mr. William Garner and running from thence in a southwestwardly direction to the new embankment across Wallasey Pool. One private or occupation road marked with the letter a, on pai't of the said commons and waste lands on Seacombe Common afore- said, of the width of six yards, commencing on the east side of the said pulilic carriage road marked A, and running from thence in a northeastwardly direction to the southwest corner of an allotment E, by me sold to Thomas Lowry, and then turning off and running northwardly along the west side of other land part of the said commons and waste lands to an allotment of land marked A, by me sold to William Pendleton. Another private or occupation road marked w ith the letter b, on other part of the said commons and waste lands called Seacombe Common, of the width of three yards, commencing on the southwest side of the said puljlic carriage road marked A, and running in a southwestwardly direction to a cottage and garden belonging to and in the occupation of Anne Bennett. Another private or occupation road marked with the letter c, on other part of the said connnons and waste lands on Seacombe Common, of the width of three yards, commencing on the southwest side of the public carriage road marked A, and running from thence in a southwestwardly direction to a cottage and garden belonging to William Evans. Another private or occupation road marked with the letter d, on other part of the said commons and waste lands called Seacombe Common, of the width of eight yards, commencing on the west side of the public carriage road marked B, and running in a westwardly direction to land belonging to Richard Smith, Esquire, and then turning off and running in a southwestwardly direction to the north- east end of the private road e. Another private or occupation road marked with the letter e on other part of the said commons and waste lands called Seacombe Dale of the width of eight yards commencing at the southwest end of the private road marked d, and forming a continuance of the same and running from thence in a southwestwardly direction in an irregular line along and through the whole of Seacombe Dale to the track leading to the southeast end of a new road lately made by Mr. Quirk and to the Hooks Coujmon. Another private or occupation road marked with the letter f on other part of the said commons and waste lands called Poolton Common of the width of seven yards commencing on the southwest 54 Geo. III. Commissioner'' s Aiuard, ch. Jr.r.rrii. 109 Wallaseij Inclosure. side of the before described road marked d, and running in a south- west wardly direction in an irregular Hne to the strand or sliore of Wallasey Pool. Another private or occupation road on part of the said conmions and Private Road waste lands in the Township of Poolton-cum-Seacombe called the '^ ''■ Hooks of the width of eight yards marked in the said map with the letters a b, commencing at the southwest end of a private road before described leading down Seacombe Dale and marked e, and running thence in a southwardly direction along the fences of ancient inclosed lands in the said township ])elonging to Eichard Smith, Esquire, Mr. Samuel Smith and Mr. William Quirke to the strand of Wallasey Pool. Another private or occupation road on other part of the said commons Piivate Road and waste lands called the Hooks marked a c of the width of eight ^ '^'• yards commeiicing at the southwest end of a new road lately made "by Mr. Quirke through a field of his there called the Big Cock Butts in lieu of the old road round the fence of the said field and running thence in a westwardly direction to ancient lands belonging to the master or trustees of the Wallasey Grammar School, and thence turning off and running in a southwestwardly direction along the east fence of the said school lands and continuing to the strand of Wallasey Pool. Another private or occupation road other part of the said commons Private Road and waste lands called the Hooks of the width of eight yards marked '^ ^■ a d, commencing at the southwest side of the last-mentioned road and running in a northwestwardly direction to an allotment No. 67, to Mr. Samuel Smith. Another private or occupation road other part of the said commons Private Road and waste lands called the Hooks marked a e, of the width of eight a e. yards, commencing at the southeast corner of the ancient lane leading from the village of Poolton to the Hooks and running thence in a southeastwardly direction along the ancient inclosed lands belonging to James Mainwaring, Esquire, and Eobert Vyner, Esquire, and along the allotments No. 63a and 63, to Eobert Vyner, Esquire, to an allotment No. 64, to Eichard Smith, Esquire. Another private or occupation road other part of the said commons Private Road and waste lands on Seacom])e Dale, of the width of five yards, ''' ^• marked on the said map with the lettfers a f, commencing at the west side of the said private road marked e, and running northwardly to ancient inclosed lands belonging to Joseph Cooper. And I direct that the before described private or occupation roads ])y me set oi;t as aforesaid marked f, shall be for ever hereafter maintained and kept in repair by and at the expense of owners or occupiers of land in the said Township of Poolton-cum-Seacombe, and that the before descril)ed private or occupation roads marked b c, and a f, shall be maintained and kept in repair by and at the expense of the owners or occupiers of the ancient inclosed lands to which the said roads lead and shall be solely used and enjoyed by them. x\nd that all the other privat(> or occupation roads by me set out as aforesaid shall be for ever hereafter maintained and kept in repair liy the owners or occupiers of the lands adjoining to or aliuUing on the same and shall be solely used and enjoyed by then]. no Footway No. 1. 54 Geo. III. Footway No. 2. Footway No. 3. Footway No. 4. Sale allot- ment, William Pendleton, A, 1, 0, G. Sale allot- ment, William Pendleton, B, 0, 3, 15. Sale allot- ment, George Skenitt, C, 0, 3, 24. C 0111711 is.s to ) lev's A ivard , Wallasey Inclosure. ch. Ixxxvii. A footway marked No. 1, across part of the said commons and waste lands called Seacombe Common, commencing on the southwest side of the said puljlic road marked A, and running southwestwardly across the allotment No. 15 to Eichard Smith, Esquire, to a stile and footway over ancient land belonging to the said Richard Smith. Another footw^a}^ marked No. 2 across other part of the said commons and waste lands called Seacombe Dale and commencing at the southeast side of the private road marked e, running in a southeastwardly direction across an allotment No. 36 to a stile and footwav leading over other lands belonging to the said Eichard Smith. Another footway marked No. 3 across other part of the said commons and waste lands, commencing at the south side of Mill Lane, and running southeastwardly across an allotment No. 49, to the master or trustees of the Free Granmiar School in "Wallasey to a stile and footway over the lands belonging to the said trustees or master. A footway marked No. 4 in the said map over a part of the said commons and waste lands called the Hooks, commencing at the northwest corner of a field belonging to James Mainwaring, Esquire, and I'unning northwestwardly across the allotment No. 81, to the master or trustees of Wallasey Granmiar School to a stile and footway over ancient lands belonging to the said master or trustees. And in the next place I have set out and allotted from and out of the said commons and waste lands in Poolton-cuni-Seacombe aforesaid, several parcels of land hereinafter mentioned for sale towards defraying the charges and expenses incident to aiid attending the obtaining the said Act and of carrying the same into execution in the manner and as directed in the said Act and which parcels of land are described as follows : — One part of the said commons and waste lands on Seacombe Common, containing one acre and six perches marked in the said map with the letter A, and by me sold to William Pendleton, bounded on the north side thereof by the ancient inclosed lands of Eichard Smith, Esquire, on the east by the strand or shore of the Elver Mersey, on the south by the allotment by me in like manner sold to the said William Pendleton marked B, and on the west side by the allotment No. 19, to Eichard Smith, Esquire, and I do direct the fences on the east, south and west sides thereof to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons and waste lands on Seacombe Common aforesaid, containing three roods and fifteen perches, marked upon the said map with the letter B, and by me sold in like manner to the said William Pendleton, liounded on the northwardly side by the last-mentioned allotment, on the east by the strand or shore of the River Mersey, and on the south by the allotment by me in like manner sold to George Skerritt, marked C, and on the west by the private road marked on the said map with the letter a. And L do direct that the fences on the east, south, and west sides thereof to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons and waste lands on Seacombe Common aforesaid, containing three roods and twenty-four perches, 51 Geo. III. Commissioner H Award., ch. Ixxxvii. Ill Wallasejj Incloswe. marked upon the said map with the letter C, and by me sold in like manner to George Skerritt, bounded on the north side thereof by the last before-described allotment, on the east by the strand or shore of the Eiver Mersey, on the south by anothei' allotment, by me in like manner sold to Leigh Blundell, Esquire, marked D, and on the west by the said private road marked in the said map with the letter a. And I direct the fences on the east, south, and west sides thereof to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said commons and waste lands on Seacombe Sale allot- Common aforesaid, containing three roods and thirty-five perches i^^f "'''^ "'^f ^§^ marked upon the said map with the letter D, and by me in like ^ g"g? ' ' manner sold to Leigh Blundell, Esquire, bounded on the north side thereof by the last descril)ed allotment, on the east by the strand or shore of the Eiver Mersey, on the south by another allotment by me in like manner sold to Mr. Thomas Lowry marked E, and on the west by the said private road marked a. And I direct the fences on the east, south and west sides thereof to be made and for ever afterwards kept in repair by the owner thereof. One other part of the said connnons and waste lands on Seacombe Sale allot- Common aforesaid, containing one acre three roods and thirty-five ment, perches, marked upon tlie said map with the letter E, and by me sold lowTvV to Thomas Lowry, bounded on the north by the said last-mentioned ^ <}^ 35 ^' allotment, on the east by tlie strand or shore of the River Mersey, on the south by the allotment No. 4 to Richard Smith, Esquire, and on the west by the said private road marked a. And I do direct the fences on the east, south, and west sides thereof to be made and for ever afterwards kept in repair by the owner thereof. And I do also set out and allot unto Richard Smith, Esquire, his Richard heirs and assigns, in respect of his royalty as the Lord of the Manor of Smith, Poolton-cum-Seacombe aforesaid, and in satisfaction of the claims /j^q^"}^^,^ upon the said commons or waste lands in the township of Poolton- >^o."l aiul 65. cum-Seacombe as Loi'd of the said Manor the two pieces oi' parcels ^^ ^ -^ 2 33 of land next hereinafter described and marked No. 1 and No. 65, in ^^ g.5— 2 .3 the said map which I estimate as equal to one-sixteenth part in value of the said commons and waste lands in the township of Poolton- 4 1 38 cum-Seacombe aforesaid, that is to say a part of the said commons and waste lands called Seacombe Common mai"ked on the said map No. 1, containing one acre two roods and thirty-eight perches, bounded northeastwardly by an allotment No. 4, to the said Richard Smith, southeastwardly in part l)y the strand or shore of the River Mersey in other part l)y an allotment No. 3, to Mrs. Wade's trustees in other part by an allotment No. 2, to Joseph Evans, and in other part by ancient inclosed lands lielonging to the said Richard Smith, westwardly in part by the said ancient inclosed lands l)elonging to the said Richard Smith, and in other part by the said public road marked in the said map with the letter A, northwardly by the pi'ivate road marked on the said map with the letter a. .\nd I direct the fences on the southeastward, excepting so much thereof as adjoins the allotment No. 2 and No. 3 and the fences on the southwestward and northwestward sides thereof, to be made and for ever afterwards kept in repair by the owner thereof. A piece or parcel of land part of the said connnons and waste lands callinl the ilouks marked on the said map No Go, containing two 112 54 Geo. III. Co7nmissi oner's Atuai'd, ch. Ixxxvii. Wallasey In closure. acres and three roods bounded northeastwardly by an allotment No. 66, to Eobert Vyner, Esq., southeastwardly by an allotment No. 67, to Samnel Smith, southwestwardly by the strand or shore of Wallasey Pool, and northwestwardly by an allotment No. 64, to the said Richard Smith, and I direct the fences on the southeastward and southwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. And in further execution of the said Acts I do hereby set out and allot the remainder of the said commons and waste lands in the township of Poolton-cumSeacombe aforesaid, by the said recited Act directed to be inclosed in manner following, that is to say : — Eichard I set out and allot unto the said Richard Smith, Esquire, his heirs ^™^4n 1*^91 ^^^^ assigns, in respect of his ancient inclosed lands within the ■ ' ' ' township of Poolton-cum-Seacombe aforesaid, a piece or parcel of land other part of the said commons and waste lands on Seacombe Common aforesaid, marked upon the said map No. 4, containing three roods and twenty-one perches, bounded on the north side thereof by the allotment by me sold to Mr. Thomas Lowry marked with the letter E, eastwardly by the strand or shore of the River Mersey, and southwestwardly by an allotment No. 1, by me herein- before made to the said Richard Smith, Esquire, in respect of the royalty as Lord of the Manor of Poolton-cum-Seacombe aforesaid, and I direct the fences on the eastward and southwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Richard I also set out and allot unto the said Richard Smith, Esquire, his x""f^n^n^in ^^^^^'^ '^^^'^ assigns in respect of his same ancient lands, a piece or °' ' ' ' parcel of land other part of the said commons and waste lands adjoining the strand or shore of the River Mersey, marked upon the said map No. 5, containing ten perches Ijounded northeastwardly by an allotment No. 6, to Joseph Cooper, southwardly by the strand or shore of the River Mersey, and westwardly by ancient inclosed lands belongiiig to the said Richard Smith, the same being an encroachment upon the said waste, and I direct the fences on the southerly side thereof to be kept in repair by the owner thereof. Richard I also set out and allot unto the said Richard Smith, N ^9 n o'^'i Esquire, his heirs and assigns, in respect of his same ancient ' ' ' ' ■ lands a piece or parcel of land other jDart of the said commons or waste lands upon Seacombe Common aforesaid, marked upon the said map No. 8, containing two perches, bounded on the northward side by an allotment No. 9, to Samuel Smith, eastwardly in part by the public road marked A, and in other part by a building now used as a coach-house belonging to the said Richard Smith, and southwestwardly by ancient inclosed lands belonging to Samuel Smith, and 1 direct the fences on the north side, and so much of the fence as adjoins the said road A, shall be kept in repair by the owner thereof. Richard I also set out and allot unto Richard Smith, Esquire, his heirs and Smith, Esq., assigns, in respect of his same ancient inclosed lands, a piece or ''' parcel of land other part of the said commons and waste lands on Seacombe Common aforesaid, marked upon the said map No. 10, containing one acre one rood and fifteen perches, bounded north- westwardly by the aforesaid public road A, southwardly by an 54 Geo. III. Goynviissioner's Aivard, ch. Ixxxvii. 113 Wallasey Inclosure. allotment No. 9 to Samuel Smith, westwardly in an irregular line by ancient inclosed lands belongmg to the said Richard Smith and Anne Bennett, northwestwardly by the private road marked in the said map with the letter b. And I direct the fences on the northeastward and on the northwest sides thereof to be made and for ever after- wards kept in repair by the owner thereof. I also set out and allot unto the said Richard Smith, his heirs and Richard assigns, in respect of his said ancient lands, a piece or parcel of land Smith, Esq., other part of the said commons and waste lands on Seacombe °' ^'^'^' Common aforesaid, marked upon the said map No. 15, containing one rood and ten perches, bounded northeastwardly in part by the public road marked A, and in other part by the allotment to Richard Smith No. 14, eastwardly in part by the said allotment No. 14, and in other part by an allotment No. 12 to Thomas Blackburne, south- wardly by ancient inclosed lands belonging to the said Richard Smith, and westwardly in part by ancient lands belonging to William Evans, and in other part l^y the private road marked in the said map with the letter c. And I direct the fences on the northeastward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Richard Smith, Esquire, Richard his heirs and assigns, in respect of his same ancient lands, a ^""!^q' F^c^'o piece or parcel of land other part of the said commons and waste • > • > • lands on Seacombe Common aforesaid, marked on the said map No. 19, containing five acres two roods and three perches, bounded northwardly by ancient inclosed lands belonging to the said Richard Smith, eastwardly in part by an allotment sold by me to William Pendleton, marked with the letter A, and in other part by a private road marked a, southwestwardly by the said public road marked A, and northwestwardly by an allotment No. 20 to the master and trustees of the Free Grammar School of Wallasey. And I direct so much of the fences on the eastwardly side thereof as adjoins the said private road a, and the fences on the southwestwardly side of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Richard Smith, Esquire, his Richard heirs and assigns, in respect of his same ancient lands, a piece or Smith, Esq., parcel of land other part of the said commons and waste lands on .^(^°' " ' ' ' Seacombe Common aforesaid, marked upon the said map No. 24, and ' containing ten acres three roods and thirty-nme perches, bounded on the northwardly side thereof by ancient inclosed lands belonging to the said Richard Smith, eastwaixlly in part by ancient lands belonging to the said Richard Smith, in other part by an allotment No. 23 to Messrs. Home and Stackliouse, and on the south- westwardly side thereof by the said public road marked A, and northwestwardly by allotment No. 24a to John Orrell. And I direct so much of the fences as adjoins the said allotment No. 23, and the fences on the southwestwardly side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Richard Smith, Esquire, his Richard heirs and assigns, in respect of his same ancient lands in Poolton- Smith, Esq., cum-Seacombe, a piece or parcel of land, other part of the said '"''■^' ^'^-^'^ commons and waste lands on Seacoml)e Common aforesaid, marked 114 54 Geo. III. Commissioner'' fi Aiuarcl^ Wallasey Inclosure. cli. Ixxxvii. Richai'd Smith, Esq., No. 35, 1,0,24 Richard Smith, Esq., No. 30,0,3,10 upon the said map No. 29, containing one acre and nineteen perches, bounded northwardly by an allotment No. 30 to James Mainwaring, Esquire, eastwardly by an allotment No. 28 to Mr. Samuel Smith, southwardly by the ancient inclosed lands of Eichard Smith, and westwardly by the public road marked on the said map with the letter B. And I do direct the fences on the northward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot to the said Eichard Smith, Esquire, his heirs and assigns, in respect of his same ancient lands, a piece or parcel of land, other part of the said commons and waste lands in Seacombe Dale aforesaid, marked upon the said map No. 35, containing one acre and twenty-four perches, bounded eastwardly by a private road marked on the said map with the "letter e, and westwardly in part by the private road a f, and in other part by the ancient inclosed lands of the said Eichard Smith and Mr. Joseph Cooper. And I direct the fences on the eastward side thereof and so much of the fence on the westward side as adjoins the private road marked a f to Joseph Cooper's field to he made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Eichard Smith, Esquire, his heirs and assigns, in respect of his same ancient lands, a piece or parcel of land, other part of the said commons and waste lands in Seacombe Dale aforesaid, marked upon the said map No. 36, containing three roods and ten perches, bounded eastwardly by ancient inclosed lands belonging to the said Eichard Smith, west- wardly in part by the said private road mai'ked e, and in other part by a private road over the Hooks marked a b. And I direct the fences on the westwardly side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Eichard Smith, his heirs and assigns, in respect of his same ancient lands, a piece or parcel of land, other part of the said commons and waste lands in Mill Lane, in the said Township of Poolton-cum-Seacombe, marked on the said map No. 45, containing fifteen perches, bounded southeastwardly by the said Mill Lane, and westwardly by ancient inclosed lands belonging to the said Eichard Smith, Esquire. And I direct the fence on the southeastward side to be made and for ever afterwards kept in repair by the owner thereof. Richard I also set out and allot unto the said Eichard Smith, Esquire, his Smith, Esq., heirs and assigns, in respect of his same ancient lands, a piece No.47, 0,1,5 QY parcel of the said commons and waste lands in Mill Lane aforesaid, marked upon the said map No. 47, containing one rood and five perches, l)ounded southeastwardly by the said Mill Lane, and northwestwardly by ancient inclosed lands belonging to the said Eichai'd Smith, the same being an encroachment made upon the said waste by the said Eichard Smith, Esquire. And I direct the fences on the southeastwardly side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Eichard Smith, Esquire, his heirs and assigns, in respect of his said ancient inclosed lands in the said Township of Poolton-cum-Seacoml)e, a piece or pfircel of land, other part of the said commons and waste lands Richard Smith, Esq., No. 45, 0,0,15 Richard Smith, Esq., No. 53, 0,1,36 54 Geo. III. Commissioner'' s Awards cli. Ixxxvii. ' 115 Wallasey Inclosiire. called the Hooks Common, marked on the said map No. 53, containing one rood and thirty-six perches, bounded northeast- wardly in part by ancient inclosed land belonging to William Bird, and in other part iDy the private road marked on the said map with the letters a e, southwardly and south west wardly by the strand or shore of Wallasey Pool, and northwestwardly by ancient inclosed lands belonging to the said Richard Smith. And I direct the fences on the northeastward side adjoining the said private road and the fences on the southward and southwestward sides thereof to ])e made and for ever afterwards kept in repair by tlie owner or owners thereof. I also set out and allot unto the said Richard Smith, Esquire, his Richard heirs and assigns, in respect of his same ancient lands, a piece or Smith, Esq., parcel of land other part of the said commons and waste lands called j^°- ^^' l^- ^■ the Hooks Commons, marked in the said map No. 64, containing fifteen acres and twenty perches bounded northeastwardly in part by ancient inclosed lands belonging to the said Richard Smith, and in other part by an allotment No. 66 to Robert Vyner, Esquire, southeast- wardly in part by the said allotment No. 66 to the said Robert Vyner, and in other part ])y an allotment No. 65 to the said Richard Smith, south westwardly by the strand or shore of Wallasey Pool, and northwardly in part by an allotment No. 54 to James Mainwaring, Esquire, in other part by an allotment No. 62 to Sir Jolm Tobin, in other part by the said private road a e, and in other part by an allotment No. 63 to the said Robert Vyner. And I direct the fences on the southeastwardly and southwestward sides and the fence on the northwestward side thereof, except so much as adjoins the allotment made to the said Robert Vyner, No. 63, to be made and for ever afterwards kept in repair by the owner thereof. And I do also set out and allot unto the said Richard Smith, his Richard heirs and assigns, a piece or parcel of land other part of the said Smith, Esq. commons and waste lands, marked upon the said map No. 14_ ^o- 1*'0'0>2- containing two perches, and bounded northeastwardly by the pubUc road marked A, on the said map, southeastwardly by the allotment No. 13 to the devisees of William Smith, southwestwardly and northeastwardly by the allotment No. 15 to the said Richard Smith, and which said piece of land lastly hereinbefore allotted to the said Rxchanee Richard Smith, was originally set out by me unto Leigh Blundoll, in with respect of his ancient inclosed lands in the said Township of Poulton, L. Blundell. and has been given in exchange by the said Leigh Blundell to the said Richard Smith for a piece or pai'cel of land marked in the said map "exchanged land No. 1," and by this my award hereinafter allotted to the said Leigh Blundell. And I direct the fences on the uoi'theastward and northwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Jolm Orrell, his heirs and assigns, a John Orrell, piece or parcel of land other part of the said commons and waste ^^°-^'^'^'^'l'''^ lands called Seacombe Common, marked in the said map No. 24.\, containing one rood and two perches, bounded northeastwardly by ancient inclosed land lielonging to the said Richard Smith, south- Purchased eastwardly by the allotment, marked No. 24, to the said Richard fy^m Kichard Smith, and southwestwardly by the public road marked A on the said ""'^ ^^ map, the right to which said allotment, marked No. 24a, belonged to IIG ■ 54 Geo. III. Ccmimissioner'' s Atvard, cli. Ixxxvii. Wallasey Inclosure. the said Eicharcl Smith, who has sold and disposed of the same to the said John Orrell, to whom I have made this allotment in pursuance of the said Act. And I direct the fences on the south- eastward and southwestward sides thereof to he made and for ever afterwards kept in repair l)y the owner thereof. James I also set out and allot unto James Mainwaring, Esquire, his heirs Mannvaniig, ^^^ assigns in right of his ancient lands within the Township of 4 32. ' Poolton-cum-Seacombe aforesaid, a piece or parcel of land part of the said commons and waste lands on Seacombe Common aforesaid, marked upon the said map No. 25, containing four acres and thirty- two perches, bounded northeastwardly by the said public road A, southeastwardly by an allotment No. 18 to the devisees of Thomas Johnson, southwardly in part by ancient inclosed lands belonging to William Evans the said Eichard Smith and the said James Mainwaring and in other part by an allotment No. 26 to the said James Mainwaring and westwardly in part l)y ancient inclosed lands of Mr. Samuel Smith and in other part by an allotment No. 27 to Sir John Tol)in. And I direct the fences on the northeastward side and so much of the fences as adjoins the allotment No. 27 to the said Sir John Tobin to be made and for ever afterwards kept in repair by the owner thereof. James _ I also set out and allot to the said James Mainwaring, Esquire, N^^9r^'n "o'p'^ ^^^ heirs and assigns in respect to his said ancient lands a piece or ' ' ' parcel of land, other part of the said commons and waste lands on Seacombe Common aforesaid, marked upon the said map No. 26, containing twenty-four perches, bounded northwardly and west- w^ardly by the last mentioned allotment No. 25, southwai'dly by ancient inclosed lands of the said James Mainwaring, Esquire, in the said Township of Poolton-cum-Seacombe the same being an encroach- ment made by the said James Mainwaring upon the said waste. And I direct that the fences on the north and west sides shall l^e for ever hereafter kept in repair by the owner thereof. James I also set out and allot unto the said James Mainwaring, Esquire, Mainwa,nng, ]^jg Jigirg and assigns in respect of his same ancient lands a piece or ■ "" ' ' ' ' parcel of land part of the said commons and waste lands on Seacombe Common aforesaid, marked upon the said map No. 30, containing one acre and eighteen perches, bounded northwardly in part by the said public road A, and in other part by two several allotments marked No. 30a and No. 30b made to the said James Mainwaring, eastwardly by an allotment No. 28 to Mr. Samuel Smith, southwardly by the allotment No. 29 to the said Eichard Smith and westwardly by the pul)lic road B. And I direct the fences on the northward and westward sides shall l^e made and for ever hereafter kept in repair by the owner or owners thereof. James I also set out and allot unto the said James Mainwaring, Esquire, Maimvaring, |-jjg y^q^-^b and assigns in respect of his same ancient lands a piece or j^y"'' ' ' parcel of land, other part of the said commons and w^aste lands on Seacombe Common aforesaid, containing seventeen perches, marked in the said map No. 30a, bounded northwardly by the said public road A, eastwardly by the allotment to the said James Mainwaring No. 30b, southwardly and westwardly by the last described allotment No. 30, and in making this allotment it is meant and intended that James Wade who holds the lands in respect of which this allotment 54 Geo. III. Commissioner's Aivard, ch. Ixxxvii. 117 Wcdlaseij Inclosure. is made under a lease for three lives from the said James Mainwaring Wade's shall hold this allotment together with the other lands and tenements ^^^^^ ° ■ included in the said lease during the continuance thereof. And I direct the fences on the north and east sides thereof to be made and kept in repair by the said James Wade during the continuance of the said lease and afterwards to be kept in repair by the owners thereof. I also set out and allot unto the said James Mainwaring, Esquire, James his heirs and assigns, in respect of his same ancient lands a piece or ^ainwanng, parcel of land other part of the said commons and waste lands on jq-Q 303^ 0, 0, Seacombe Common aforesaid, containing eleven perches marked on 11. the said map No. 33, bounded northwardly by the said public road A, eastwardly by the allotment No. 28 to Mr. Samuel Smith, south- wardly by the said allotment to the said James Mainwaring, and westwardly by the last described allotment No. 30a. And in making this allotment it is meant and intended that William Bird who holds Bird's the lands in respect of which this allotment is made under a lease for Leasehold, three lives from the said James Mainwaring, shall hold and enjoy the same along with the other tenements included in the said lease during the continuance thereof. And I direct the fences on the northward and westward sides thereof shall be made and kept in repair by the said William Bird during the continuance of his lease, and afterwards kept in repair by the owners thereof. I also set out and allot unto the said James Mainwaring, Esquire, James his heirs and assigns, in respect of his same ancient lands a piece or Mainwaring, parcel of land other part of the said commons and waste lands on ^^^oi 9017 Seacombe Common aforesaid, marked in the said map No. 31, con- taing two acres and seventeen perches, bounded northwardly l)y ihe said public road A, eastwardly by the said public road B, southwardly by the private road d, and northwestwardly by ancient inclosed lands in the said township belonging to the said Richard Smith. And I direct the fences on the northward, eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot to the said James Mainwaring, Esquire, his James heirs and assigns, in respect of his same ancient lands a piece or ^lainwaring, parcel of land other part of the said commons or waste lands in Mill S^*lv« Lane marked on the said map No. 46, containing fourteen perches, • > > > bounded southeastwardly by ancient inclosed lands belonging to the said James Mainwaring in the said township, and northwestwardly by Mill Lane aforesaid. And I direct the fence on the northwest- ward side to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot to the said James Mainwaring, his heirs and James assigns, in respect of his same ancient lands a piece or parcel of land ^fainwaring, other part of the commons and said waste lands in Mill Lane aforesaid, nq 48 12 marked in the said map No. 48, containing twelve perches, bounded northeastwardly l^y an allotment No. 49 to the master or trustee of the Wallasey Grammar School, southeastwardly by buildings and ancient inclosed lands in the said township belonging to the said James Mainwaring, and noi'thwestwax'dly by Mill Lane aforesaid. And I direct the fences on the northeast and northwestward sides to be made and for ever afterwards kept in repair by the owner thereof. 118 54 Geo. III. Cumviias loner'' s A ward, Wallasey Iiiclosiire. ch. Ixxxvii. James Mainwaring, Esq., No. 5-iA, 0, 0, 16. James I also set out and allot unto James Mainwaring, Esquire, his heirs Mainwaring, and assigns, in right of his same ancient lands a piece or parcel of Esq., land other part of the said commons and waste lands called the No. 51, 7,2,39 jjQQjjg Common marked on the said map No. 54, containing seven acres, two roods and thirty-nine perches, bounded northeastwardly in part by the said private road ae, in other part by two allotments No. 54a and No. 54b to the said James Mainwaring, in other part by allotment No. 55 to Eichard Evans, in other part by an allotment No. 56 to Mrs. Jackson, in other part by an allotment No. 60, to William Bird, in other part by another allotment No. 61, to Leigh Blundell, and in other part by an allotment No. 62 to Sir John Tobin, southeastwardly in part by an allotment No. 54a, to the said James Mainwaring in part by an allotment No. 55, to Eichard Evans, and in other part by an allotment No. 64, to Eichard Smith, south - westwardly and northwestwardly l)y the strand or shore of Wallasey Pool. And I direct that so much of the fences on the northeastward side thereof as adjoins the said private road marked a e, the fences on the southeastward and northeastward sides thereof shall be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot to the said James Mainwaring, Esquire, his heirs and assigns, in respect of his same ancient lands a piece or parcel of land other part of the said commons and waste lands called the Hooks Common marked on the said map No. 54a, containing sixteen perches, bounded northeastwardly by the said private road a e, southeastwardly by an allotment No. 54b, to the said James Main- waring, and southwestwardly and northwestwardly by an allotment No. 54 to the said James Mainwaring, but in making this allotment to the said James Mainwaring it is meant and intended that William Bird who holds the lands in respect of which this allotment is made under a lease for three lives from the said James Mainwaring shall hold and enjoy the same along wdth the said tenements included in the said lease during the continuance thereof. And 1 direct the fences on the northeastward, southwestward and northwestward sides thereof to be made and kept in repair by the said William Bird during the continuance of the said lease, and afterwards phall be kept in repair by the owner thereof. James ■ I also set out and allot unto the said James Mainwaring, Esquire, Mamwarmg, j^jg heirs and assigns, in respect of his same ancient lands, a piece or No 54b pai'cel of land other part of the said commons and waste lands called 20. ' ' the Hooks Common marked on the said map No. 54b, containing twenty perches, bounded northeastwardly by the said private road a e, southeastwardly by an allotment No. 55, to Eichard Evans, south- westwardly by an allotment No. 54, to the said James Mainwaring, and northwestwardly by an allotment No. 54a, to the said James Mainwaring, but in making this allotment to the said James Main- James Wade's waring it is meant and understood that James Wade, who holds the Leasehold. land in respect of which this allotment is made under a lease for thi-ee lives from the said James Mainwaring, shall hold and enjoy the same during the continuance of the said lease. And I direct the fences on the northeastward, southwestward and northwestward sides thereof to be made and kept in repair by the said James Wade during the continuance of the said lease, and afterwards shall be kept in repair by the owner thereof. Bird's Leasehold. 54 Geo. III. Co)ii)iiiissio)ier's Award, cJt. IxxxlhI. llo Wallase// Inclo-siire. I also set out and allot to Sir John To])in, Knierht, his heirs and Sir J. Tobin, assigns, in respect of his ancient inclosed lands in the said Township ^'^'07 k g qo of Poolton-cum-Seacomhe, a piece or parcel of land other part of the ' ' ' '' said commons and waste lands on Seacombe Common marked in the said map No. 27, containing two roods and thirty two perches, bounded northeastwardly Ijy the said public road A, southeastwardly by the said allotment No. 25, to James Mainwaring, Esquire, south- wardly by cxncient inclosed lands in the said township l)elonging to Mr. James Smith, and northwestwardly by an allotment No. 28, to the said Samuel Smith. x\nd I direct the fences on the northeastward and northwestward sides to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Sir John Tobin, Knight, his Sir John heirs and assigns, in respect of his same ancient lands, another piece -vr" iV n rfs or parcel of land part of the said commons and waste lands in Mill ' ' ' ' ■ Lane aforesaid, marked in the said map No. 51, and containing eight perches, bounded northeastwardly by part of the commons in the Township of Liscard, lately allotted to the said Sir John Tobin, southeastwardly l^y Mill Lane aforesaid, and northwestwardly by ancient inclosed lands of the said Sir John Tobin, in the Township of Wallasey. And I direct the fences on the southeastward side shall be made and for ever thereafter kept in repair by the owner thereof. I also set out and allot unto Sir John Tobin, his heirs and assigns. Sir John in respect of his same ancient lands, a piece or parcel of land other ^°H"' ■^^"§''-' part of the said commons and waste lands called the Hooks Common, °' ' ' ' " marked in the said map No. 62, containing one acre one rood and nineteen perches, bounded northeastwardly by the private road a e, southeastwardly by the allotment No. 64 to Eichard Smith, Esquire, southwestwardly by the allotment No. 54 to the said James Mainwaring, and northwestwardly by the allotment No. 61 to Leigh Blundell. And I direct the fences on the northeastward, southwest- ward and northwestward sides thereof to be made and for ever after- wards kept in repair by the owner thereof. I also set out and allot unto Mary Antin Jackson, wife of the M^ry Autin Eeverend Eoger Jackson, of Bebington, in the County of Chester, ^^° 0^.°'^ r) on Clerk, in respect of her ancient inclosed lands in the said Township • • - - of Poolton-cum-Seacombe, devised to her separate use in and l:)y the last will and testament of the Eeverend George Briggs, deceased, or to such other uses as the same ancient lands are limited, a piece or parcel of land other part of the said conunons and waste h\nds in Seacombe Connnon aforesaid, marked in the said map No. 21, containing two roods and thirty-six perches, bounded northeast- wardly by ancient inclosed lands of the said Eichard Smith in Poolton-cum-Seacombe, southeastwardly by an allotment No. 20 to the master or trustees of Wallasey Free Grammar School, south- westwardly by the pulilic road A, northwestwardly by an allotment No. 22 to Mr. Eichard Evans. And T direct the fences on the northeastward and southwestward sides to be made and for ever afterwards kept in repair liy the owner thereof. I also set out and allot unto the said Mary Antin Jackson, in Mary Autiu respect of tlie said ancient lands, and in manner and to the uses Ja^'^son, aforesaid, apiece or parcel of land other part of the said commons ^' ' ' ' 120 54 Geo. in. Commissioner'' s Aivard, Wallasey Inclosure. cJi. Ixxxvii. 0, 1, 7. and waste lands called the Hooks Common, marked in the said map No. 56, containing three roods and twenty perches, bounded north- eastwardly in part by the said private road a c, in other part by an allotment No. 57 to William Garner's assignees, and in other part by an allotment No. 58 to Thomas Molyneux, southeastwardly in part by an allotment No. 57 to the said Wilham Garner's assignees, and in other part by an allotment No. 60 to William Bird, southwest- wardly by an allotment No. 54 to James Mainwaring, and north- westwardly by an allotment No. 55 to Eichard Evans. And I direct the fences on the northeastward, southwestward and northwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. RobertVyner, I also set out and allot unto Eobert Vyner, Esquire, his Esq., No. 37, heirs and assigns, in right of his ancient inclosed lands in the said Township of Poolton-cum-Seacombe, a piece or parcel of land part of the said commons and waste lands in Poolton Common, marked in the said map No. 37 containing one rood and seven perches, bounded northwardly by the public road D, southeastwardly by ancient inclosed lands in the said township belonging to the said Eichard Smith, southwardly by the strand or shore of Wallasey Pool and northwestwardly by the private road f, but in making this allotment to the said Eobert Vyner it is meant and intended that the said Eichard Smith who holds the lands in right of which this allotment is made under a lease for three lives from the said Eobert Vyner, Esquire, is to hold this allotment along with his other lands during the continuance of the said lease. And I direct the fences on the northward, southward and northwest sides to be made and kept in repair by the said Eichard Smith during the said lease and for ever afterwards to be kept in repair by the owners thereof. Richard Smith's Leasehold. RobertVyner, Esq., No. 38, 0, 1, 12. Richard Smith's Leasehold. RobertVyner, Esquire, No.39, 1,1,5. I also set out and allot unto the said Eobert Vyner, Esquire, his heirs and assigns in respect of his said ancient lands, another piece or parcel of land part of the said commons and waste lands in Poolton Common aforesaid, marked in the said map No. 38, containing one rood and twelve perches, bounded northwardly and northwestwardly by the said public road D, southeastwardly by the said private road f, and southwardly by the strand or shore of Wallasey Pool, but in making this allotment to the said Eobert Vyner it is meant and intended that the said Eichard Smith who holds the lands in right of which this allotment is made under a lease for three lives from the said Eobert Vyner shall hold and enjoy the allotment along with the other lands in the said lease during the continuance of his said lease. And I direct the whole of the fences round the said allotment to be made and kept in repair by the said Eichard Smith during the continuance of the said lease and for ever thereafter kept in repair by the owner thereof. I also set out and allot unto the said Eobert Vyner, Esquire, his heirs and assigns in respect of his said ancient lands, a piece or parcel of land, other part of the said commons and waste lands in Poolton Common, marked in the said map No. 39, containing one acre one rood and five perches, bounded northwardly in part by an allotment No. 40 to Leigh Blundell and in other part by another allotment No. 41 to Mr. Wilham Bird, eastwardly by the allotment No. 39a to the said Eobert Vyner, southwardly in part by the said public road 54 Geo. III. Commissiuner'H Aivard, ch. Ixxxvii. 121 Wallaneij Inclodure. D, and in other part by the new embankment across Wallasey Pool, and in other part by the Watercom-se running to the said embank- ment and northwestwardly by ancient inclosed lands in the Township of Wallasey, belonging to Mrs. Wade's trustees. And I direct the fences on the southward side to be made and for ever thereafter kept in repair by the owner thereof. I also set out and allot unto the said Eobert Vyner, Esquire, his RobertVyner heirs and assigns in respect of his said ancient land, a piece or parcel No. 3Ua,'o, 0, of land, other part of the said conunons and waste lands called 13. Poolton Common, marked in the said map No. 39a, containing thirteen perches, bounded northeastwardly by an allotment No. 41 to William Bird, southwardly by the said public road D, northwest- wardly by an allotment No. 39 to the said Eobert Vyner, but in making this allotment to the said Eobert Vyner it is meant and intended that Peter Wilson who holds the land in respect of Peter which this allotment is made under a lease for three lives from the Wilson's said Eobert Vyner shall hold and enjoy this allotment with the other Leasehold, lands comprised in the said lease during the continuance thereof. And I direct tiie fences on the southward and northwestward sides thereof shall he made and kept in repair by the said Peter Wilson during the continuance of the said lease and afterwards shall be kept in repair by the owner thereof. I also set out and allot unto Eobert Vyner, Esquire, his heirs and RobertVyner, assigns, in respect of his said ancient lands, a piece or parcel of ■^"■^^'^'^'■'•^ land, other part of the said commons and waste lands in Poolton Common, marked in the said map No. 44, containing thirteen perches, bounded northeastwardly l)y ancient inclosed lands in the Township of Poolton-cum-Seacombe, southwestwardly by the j)ublic road C. And I direct the fences on the southwestward side to be made and for ever thereafter kept in repair by the owner thereof. I also set out and allot unto Eobert Vyner, Esquire, his heirs and RobertVyner, assigns, in respect of his same ancient lands, a piece or parcel of ^°-^3'0.0.3i land, other part of the said commons and waste lands called Hook Common, marked in the said map No. 63, containing thirty-four perches, bounded northwardly and northwestwardly by ancient inclosed land in the Township of Poolton belonging to the said Eobert Vyner, southeastwardly by an allotment No. 63a to the said Eobert Vyner, and southwestwai'dly by the said private road a e, but in making this allotment to the said Eobert Vyner it is nieant and intended that Eichard Smith, Esquire, who holds the Richard lands in ]-ight of which this allotment is made under the said lease. Smith's for three lives is to hold this allotment along with the other lands Leasehold, during the continuance of the said lease. And I direct the fences on the southeastwai'd and southwestward sides thereof to be made and kept in repair l:)y the said Eichard Smith during the continuance of the said lease and for ever afterwards to be kept in repair by the owner thereof. I also set out and allot unto the said Eobert Vyner, Esquire, his RobertVyner, heirs and assigns, in respect of his same ancient lands, a piece or ^o- ^^a, 0, 0, parcel of land, other part of the said commons and waste lands called " ' the Hooks, marked on the said map No. 63a, containing twenty- one perches, bounded northeastwardly by ancient inclosed lands belonging to the said Eoliert Vyner, southeastwardly in part by 122 54 Geo. III. Commisdoner^s A ward., Wallasey Inclosure. all. Ixxxvii. Peter Wilson's Leasehold. RobcL'tVvi No. 66, 2; 8 ancient inclosed lands belonging to Eichai'd Smith, Esquire, and in other part l^y an allotment No. 64 to the said Eichard Smith, southwestwardly by the said private road a e, and northwestwardly Ijy an allotment No. 63 to the said Eobert Vyner, but in making this allotment to the said Eobert Vyner it is meant and intended that Peter Wilson, who holds the lands in respect of which this allotment is made under the said lease, for three lives shall hold and enjoy this allotment with the other lands comprised in such lease during the continuance thereof. And I direct the fences on the south- eastward and south westward sides thereof to be made and kept in repair Ijy the said Peter Wilson during the continuance of such lease and afterwards shall be kept in repair by the owner thereof. icf, I also set out and allot unto Eobert Vyner, Esquire, his heirs and ^^ assigns, in respect of his said ancient lands, another piece or parcel of lands, other part of the said connnons and waste lands called the Hook Commons, marked in the said map No. 66, containing two acres three roods and thirty-two perches, bounded northwardly by ancient inclosed lands belonging to the said Eobert Vyner, eastwardly in part by ancient inclosed lands in the Township of Poolton, belonging to James Mainwaring, Esquire, and in other part by an allot- ment to Mr. Samuel Smith, No. 67, southwestwardly by allotments to the said Eichard Smith, No. 65 and No. 64, and northwestwardly in part by the said allotment No. 64, and in other part by ancient inclosed lands belonging to the said Eichard Smith, but in making this allotment to the said Eobert Vyner it is meant and intended that the said Eichard Smith, who holds the lands in right of which this allotment is made, under the said lease for three lives is to hold this allotment together with the said lands during the continuance of the said lease. And I direct the fences on the said allotments to be made and kept in repair by the said Eichard Smith during the continuance of the said lease and afterwards to be kept in repair by the owner thereof. I also set out and allot to Mr. Samuel Smith, his heirs and assigns, Smith, No. 7, [^^ ^-jght of his ancient inclosed lands in the said Township of 0, 0, 34. Poolton-cum-Seacombe, a piece or parcel of land part of the said commons and waste lands on Seacombe Common, marked in the said map No. 7, containing 34 perches, bounded on the north by another allotment No 9 to the said Samuel Smith, on the east by ancient inclosed lands used as a garden, belonging to the said Samuel Smith, on the south side by a private road leading from the strand or shore of the Eiver Mersey to a field belonging to Eichard Smith, Esquire, and on the west in part by the said field, and in other part by a garden belonging to the said Samuel Smith, the same being an encroachment on the said commons by the said Samuel Smith. And I direct the fences on the north and south sides to be made and for ever hereafter kept in repair by the owner thereof. Samuel I also set out and allot to the said Samuel Smith, his heirs and Smith, No. 9, assigns, in respect of his said ancient lands, another piece or parcel 0, 1, 5. Qj- |j^^^^^ other part of the said commons and waste lands on Seacombe Common, marked in the said map No. 9, containing one rood and five perches, bounded northwardly by the allotment No. 10 to Eichard Smith, Esquire, and eastwardly by the public road A, southwardly in part by the allotment No. 8, to the said Richard Smith, and in other part by ancient inclosed land used as a garden Ricbaid Smith's Leasehold Samuel 54 Geo. III. Coiiimi^)iio7ier'')i Award., cli. Ixxxvii. 123 Wallasey Inclosure. belonging to the said Samuel Smith, and in other part hy the encroachment No. 7 allotted to the said Samuel Smith, westwardly by other ancient inclosed lands used as a garden belonging to the said Samuel Smith. And I direct the fences on the northward and eastward sides of the • said allotment to be made and for ever thereafter kept in repair by the owner thereof. I also set out and allot to the said Samuel Smitli, his heirs and Samuel assigns, in respect of his said ancient lands, another piece or parcel Smith, of land other part of the said commons and waste lands on Seacombe ^ °' ' ' ' Common, marked in the said map No. 28, containing one acre, one rood, and twenty-six perches, bounded northeastwardly by the said public road A, southeastwardly by the allotment No. 27 to Sir John Tol)in, southwardly by ancient inclosed land of the said Samuel Smith, and northwestwardly in part by the allotment No. 29, to Eichard Smith, Esquire, and in other part by the allotments No. 30, and No. 30b to James Mainwaring, Esquire. And I direct the fences on the northeastward and northwestward sides thereof to be made and for ever thereafter kept in repair by the owners thereof. I also set out and allot to the said Samuel Smitli, his heirs and Samuel assigns, in respect of his said ancient lands another piece or parcel ?r^''".j]'r, other part of the said commons and waste lands in Seacombe Dale, ••'-'• marked in the said map No. 34, containing eight perches, bounded southeastwardly by ancient inclosed lands in the said township I^elonging to the said Samuel Smith, northwestwardly by the pi'ivate road e, and northwardly by an allotment No. 33 to Mr. William Quirk. And I direct the fences on the northwest side to be made and for ever thereafter kept in repair by the owner thereof. I also set out and allot unto the said Samuel Smith, his heirs and Samuel assigns, in respect of his said ancient lands a piece or parcel of land S^^^^'jJ}' other part of the said commons and waste lands called the Hook ^•^^' ' '^ Common marked in the said map No. 67, containing one acre, one rood and seventeen perches, bounded northeastwardly by ancient inclosed lands in the said township of Poolton-cum-Seacombe belonging to James Mainwaring, Esquire, southeastwardly by an allotment No. 76 to the Master or Trustees of the Wallasey Grammar School in part, in other part by the private road a d, and in other part by an allotment No. 68 to the devisees of Thomas Johnston deceased, southwestwardly by tlie strand of Wallasey Pool, and northwestwardly in part by an allotment No. 65 to Richard Smitli, Esquire, and in other part by an allotment No. 66 to Robert Vyner, Esquire. And I direct the fences on the southeastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Samuel Smith, his heirs and Samuel assigns, in respect of his said ancient lands a piece or parcel of land Smith, other part of the said commons and waste lands called the Hook ^ °" "' ' "' Common marked in the said map No. 77, containing one acre and two roods, bounded northwardly by a private road marked ae, south- eastwardly by an allotment No. 78 to Mr. William Quirk, southwest- wardly by the strand of Wallasey Pool, and northwest wardl}- by the private road ac. And I direct the fences on the northward and southwestward and northwestward sides thei'eof to be made and for ever afterwards kept in repair by the owner thereof. 124 54 Geo. III. Conimissiojier\s Award, ch. Ixxxvii. Wallasey Iiiclositre. Mr. William I also set out and allot unto the said Mr. William Quirk, his heirs Q""''^'^°-^^' and assigns, in respect of his ancient inclosed lands in the said town- ' '' ■ ship of Pooltoncuni-Seacombe a piece or parcel of land other part of the said commons and waste lands in Seacombe Common marked in the said map No. 32, containing one acre, two roods and thirty perches, bounded northeastwardly and northwestwardly by the private road d, southeastwardly by the public road B, and southwest- wardly by ancient inclosed lands belonging to the said William Quirk. And I direct the fences on the northeastward and southeast- ward and northwestward sides thereof to be made and for ever there- after kept in repair by the owner thereof. William I also set out and allot unto the said William Quirk, his heirs and Quirk, No. 33, assigns, in respect of his said ancient lands another piece or parcel of ' ' ' ■ land other part of the said commons and waste lands in Seacombe Dale aforesaid, marked in the said map No. 33, and containing eighteen perches, bounded eastwardly by ancient inclosed lands of the said William Quirk, southwardly by allotment No. 34 to Mr. Samuel Smith, and w^stwardly by the private road e. And I direct the fences on the westward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. William I also set out and allot unto the said William Quirk, his heirs and Quirk, No. 78, assigns, in respect of his said ancient lands, a piece or parcel of land 1, 3, 36. other part of the said commons and waste lands called the Hooks Common, marked in the said map No. 78, containing one acre, three roods and thirty-six perches, bounded northwardly by the said private road a c, eastwardly by lands running along the fence of the ancient inclosed lands of the said William Quirk, by me given in exchange for the private road lately made by him through his field called the Big Cock Butts, southwestwardly by the strand or shore of Wallasey Pool, and northwestwardly by an allotment No. 77 to Samuel Smith, and I direct the fences on the southwestward, northward and northwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. W. Ouirk I ^^so set out and allot unto the said William Quirk, his heirs and No.79, 2,6, 18 assigns, in respect of his said ancient lands a piece or parcel of land other part of the said commons and waste lands called the Hooks Common, marked on the said map No. 79, containing two acres and eighteen perches, bounded northeastwardly and eastwardly by the said private road marked a b, southwardly by the strand or shore of the Wallasey Pool, and northwestwardly by the lands running along the fence of the ancient inclosed lands of the said William Quirk, by me given in exchange for the private road lately made by him through his field called the Big Cock Butts. And I direct the fences on the northeastward, southward and eastv/ard sides thereof to be made and for ever afterwards kept in repair by the owner thereof. W. Quirk, I also set out and allot unto the said William Quirk, his heirs and No.80, 0,0, 11 assigns in respect of his said ancient lands, a piece or parcel of land other part of the said commons and waste lands called the Hooks Common, marked on the said map No. 80, containing eleven perches bounded eastwardly by the private road marked on the said map with the letter e, southwardly by the said land by me given in exchange to the said William Quirk, and northwestwardly by ancient inclosed land belonging to the said William Quirk, and I direct the 54 Geo. III. Gommissione7''s Award, ch. Ixxxvii. 125 Wallasey Inclosure. fences on the southward and eastward sides thereof to be made and for ever afterwards kept in repair b}^ the owner thereof. I also set out and allot unto the Devisees in Trust named in the Devisees of last Will and Testament of Thomas Johnson late of Seacombe, T. Johnson, aforesaid, sailmaker, deceased, their heirs and assigns, in right of ' ' ' the ancient inclosed lands in the said township of Poolton-cum- Seacombe vested in them as such Devisees as aforesaid, and to the uses upon which the same ancient lands are limited, a piece or parcel of land other part of the said commons and waste lands in Seacombe Common, aforesaid, marked upon the said map No. 18, containing one rood and twenty-five perches bounded northeastwardly by the said public road A, southeastvvardly by the allotment No. 17 to Joseph Cooper, southwardly by ancient inclosed land belonging to Mr. William Evans, and northwestwardly by allotment No. 25 to James Mainwaring, Esquire, and I direct the fences on the northeastward and northwestward sides thereof to be made, and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Devisees in trust under the Devisees of said Will of the said Thomas Johnson deceased, in respect of the T. Johnson, ancient lands so vested in them in trust in manner aforesaid, a ■'^°- ^^' ^' ''^' ^• piece or parcel of land other part of the said commons and waste lands called the Hook Common, marked in the said map No. 68, containing two roods bounded northeastwardly ijy the private road a d, southeastwardly by an allotment to Messrs. Home and Stackhouse No. G9, and southwardly by the Strand of Wallasey Pool, and northwestwardly by an allotment No. 67 to Mr. Samuel Smith. And I direct the fences on the northeastward, southeast- ward, and southward sides thereof, to be made and for ever after- wards kept in repair by the owner thereof. I also set out and allot unto Joseph Cooper, his heirs and assigns, Joseph in right of his ancient inclosed lands in the township of Poolton- Cooper, No. G, cum-Seacombe, a piece or parcel of land other part of the said ^' ^' ^^' commons and waste lands adjoining the strand or shore of the Eiver Mersey marked in the said map No. 6, containing eleven perches, bounded northeastwardly by the private road leading from the said strand of the Eiver Mersey to a field of Eichard Smith, Esquire, southeastwardly to the said strand, soutliwestwardly In' the allotment No. 5 to the said Eichard Smith, and northwestwardly by ancient inclosed land belonging to the said Joseph Cooper, the same being an encroachment on tlie said commons by the said Joseph Cooper. And 1 direct the whole of the fences belongim^ to the said allotment to be made and for ever thereafter kept in repair by the owner thereof. I also set out and allot unto the said Joseph Cooper, his heirs and Josepli assigns, in respect of his said ancient lands, another piece or parcel ^°°1^'7' of land other part of the said commons and waste lands in Seacombe °-l''^'^'^' Common marked in tlie said -map No. 17, containing seventeen perches, bounded northeastwardly by the i)ublic road A, southeast- wardly by the allotment No. 16 to Mr. William Evans, southwardly by land belonging to the said William Evans, and nortliwestwardly by an allotment No. 18 to the devisees of the late Thomas Jolmsoii. And I direct the fences on the southeastward and noi'thwestward sides thereof to be made and for ever afterwards ke))t in repair ])y the owner thereof. 126 54 Geo. III. Commissioner's Aiuaj'd^ ch. Ixxxvii. Wallasey Inclosure. Joseph I also set out and allot iinto the said Joseph Cooper, his heirs and N°°^n'^^'o ?1 assigns, in respect of his said ancient lands, a piece or parcel of land ' ' '^ other part of the said commons and waste lands called the Hook Common marked in the said map No. 70, containing thirty-one perches, bounded northeastwardly by the private road a d, southeast- wardly in part by an allotment No. 71 to Joseph Evans, and in other part by an allotment No. 72 to William Evans, southwardly by the strand of Wallasey Pool, and northwestwardly by the allotment No. 69 to Messrs. Home and Stackhouse. And I direct the fences on the northeastward, southwestward, and southward sides thereof, to be made and for ever afterwards kept in repair by the owner thereof. William I also set out and allot unto Wilham Evans, his heirs and assigns, Evans, No. If), in right of his ancient inclosed lands in the said township of Poolton- 0, 0, 13. cum-SeacomlDe, a piece or parcel of land other part of the said commons and waste lands on Seacombe Common marked in the said map No. 16, containing thirteen perches, bounded northeastwardly by the said public road A, southeast wardly by the private road marked c, southwardly by ancient inclosed lands of the said William Evans, and northwestwardly by the allotment No. 17 to the said Joseph Cooper. And I direct the fences on the northeastward and northwestward sides thereof, shall l)e made and for ever afterwards kept in repair by the owner thereof. William I also set out and allot unto the said William Evans, his heirs and Evans, No.72, assigns, in respect of his said ancient lands, a piece or parcel of land ^' ^' ^'^' other part of the said commons and waste lands called the Hooks marked in the said map No. 72, containing fourteen perches, bounded northeastw^ardly by the said private road a d, south eastwardly in part by an allotment to the devisees of the late William Smith No. 75, other part by an allotment to Leigh Blundell No. 74, and in other part by an allotment to Ann Bennett No. 73, southwardly by the strand of Wallasey Pool and northwestwardly in part by an allotment No. 70 to Joseph Cooper, and in other part by an allotment No. 71 to Joseph Evans, and I direct the fences on the northeastward and southward and southeastward sides thereof to l^e made and for ever afterwards kept in repair by the owner thereof. Devisees in I also set out and allot unto the devisees in trust named in the last Trust of ^yiii and testament of William Smith, late of Seacombe aforesaid, Smith^No 13 ii^nkeeper, deceased, their heirs and assigns, in right of the land and 1.' ' hereditaments in the said township of Poolton-cum-Seacombe, and formerly belonging to the said William Smith, and vested in them as such devisees as aforesaid, to the uses upon which the same lands are limited, a piece or parcel of land other part of the said commons and waste lands \n Seacombe Common marked in the said map No. 13, containing one perch bounded northeastwardly by the said pul:)lic road A, southeastwardly and south westwardly by a pai't of an allotment No. 12 to Thomas Blackburne, and northwestwardly by an allotment No. 14, to Eichard Smith, and I direct the fences on the northeastward and northwestward sides thereof shall be made and for ever thereafter kept in repair by the owners thereof. Devisees in I also set out and allot unto the said devisees in trust Trust of under the said Will of the said William Smith, their heirs SmuTNo'"5 ^^^^ assigns, in respect of their said ancient lands vested in 0, 0, 2.' ' them in trust as aforesaid, a piece or parcel of land on part 54 Geo. III. Comvussioner''s Award, cJi, Ir.r.rvii. 127 WaUnsetj luclosure. of the said commons and waste lands called the Hook Common, marked in the said map No. 75, containing two perches, bounded northeastwardly by the private road a d, southeastwardly by the private road a c, south westwardly by an allotment to Leigli Blundell No. 74, and northwestwardly by an allotment to William Evans No. 72, and I direct the fences on the northeastward, south- eastward and southwestward sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto Thomas Blackburne, his heirs and Thoma«: assigns, a piece or parcel of land other part of the said commons and Blackburne, waste lands on Seacombe Conujion marked on the said map No. 12, No. 12, 0,0,34 containing thirty-four perches, bounded northeastwardly l)y the public road A, southeastwardly by the allotment No. 11a to Anne Bennett, southwardly in part by ancient inclosed lands of the said Anne Bennett, and in other part by ancient inclosed lands of Richard Smith, Esquire, and northwestwardly in part by an allotment No. 15 to Richard Smith, and in other part l:)y the allotment No. 13 to the devisees of William Smith the right to which said allotment belonged to Thomas Moiyneux, in respect of his ancient lands in the Purchase said township of Poolton-cum-Seacombe, and was sold and disposed *^'°"j of by them to the said Thomas Blackl)urne to whom I have made • ■" ° ^ ^ this allotment in pursuance of the said Act, and I direct the fences on the northeast and northwest sides thereof shall he made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Thomas Moiyneux, his heirs Thomas and assigns, in respect of his said ancient inclosed lands in the said Moiyneux, township of Poolton-cum-Seacombe, a piece orparcel of land part of the ^°- ^ ' ^' ^' ■ • said commons and waste lands in Liscard Lane in the said Township of Poolton-cum-Seacombe, marked in the said map No. 52, containing nine perches, bounded northeastwardly by ancient inclosed lands belonging to the said Thomas Moiyneux, southwardly by ancient inclosed lands belonging to James Mainwaring, southwestwardly l)y Liscard Lane aforesaid and northwestwardly by lands in Liscard allotted to the said Thomas Moiyneux, the same being an encroach- ment made by the said Thomas Moiyneux on the said waste lands. And I direct the fences on the southwest side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Thomas Moiyneux, his heirs Thomas and assigns in respect of his said ancient lands, a piece or parcel of Mol.yneux, lantl, other part of the said commons and waste lands called the '''''' Hook Commons, marked in the said map No. 58, containing thirty- nine perches, bounded northeastwardly by the said private; road a, e, southeastwardly in part by the allotment No. 59 to Mr. Twist, in other part Jjy the allotment No. 60 to William Bird and south- westwardly l^y the allotment No. 5G to Mrs. .Tackson, northwestwardly l)y the allotment No. 57 to the assignees of William Garner. And 1 direct the fences on the northeastward, southwestward and north- westward sides thereof to be made and for ever after kept in repair by the owner thereof. I also set out and allot unto Anne Bennett, her heirs and assigns Anne in respect of her ancient inclosed lands in the said Township of Bennett, Poohon-cum-Seacomlje, a piece or parcel of land, other part of the No. 11, 0, 0, 5. said commons and waste lands in Seacoml)e Common aforesaid, marked in the said map No. 11, containing live perches, bounded 128 54 Geo. III. Commissioiier's Aiuard, cli. Ixxxvii. Wallasey Inclosure. northeastwardly by the said private road a, southeastwai'dly by the private road b, southwestwardly by a garden belonging to the said Anne Bennett and northwestwardly by the allotment No. 12 herein- before made to the said Thomas Blackburne. And I direct the fences on the northeastward and northwestward sides thereof to be made and for ever thereafter kept in repair by the owner thereof. ^^""6 I also set out and allot unto the said Anne Bennett, her heirs and No""! G ^^^^g^s in respect of her said ancient lands, a piece or parcel of land, ' ' ' ' other part of the said commons and waste lands called the Hook Common, marked in the said map No. 73, containing six perches, bounded northeastwardly by an allotment No. 74 made to Leigh Blundell, southeastwardly by the private road a c, southwardly by the Strand of Wallasey Pool and northwestwardly by the allotment No. 72 to William Evans. And I direct the fences on the northeast- ward, southeastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Master or I also set out and allot unto the master or the trustee of the Free w^u^*^° °^ Grammar School at Wallasey in respect of their ancient inclosed ■p^ee^^^^ lands in the said Township of Poolton-cum-Seacombe, a piece or Grammar parcel of land, other part of the said commons and waste lands on School, No. 20, Seacombe Common aforesaid, marked upon the said map No. 20, 1, 0, 21. containing one acre and twenty-one perches or thei'eabouts, bounded northeastwardly by ancient inclosed lands belonging to Eichard Smith, Esquire, southeastwardly by an allotment No. 19 to the said Eichard Smith, southwestwardly by the public road marked A, and northwestwardly by an allotment No. 21 to Mrs. Jackson. And I direct the fences on the southeastward and southwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Master or I also set out and allot unto the said master or trustee of the Free Trustee of Grammar School at Wallasey, in respect of their said ancient lands, Wallasey r^ piece or parcel of land, other part of the said commons and waste r'L,-.i,v.o^ lands called the Hook Common, marked in the said map No. 76, School, No. 7G, contammg two roods and twenty-one perches, bounded north- 0, 2, 21. eastwardly in part by ancient inclosed lands belonging to James Mainwaring, Esquire, in other part by ancient inclosed lands belonging to the said master or trustee, southeastwardly by the private road a c, southwestwardly by the private road a d, and northwestw^ardiy by an allotment No. 67 to Samuel Smith. And I direct the fences on the southeastward and southwestwardly sides thereof to be made and for ever afterwards kept in repair by the owner thereof. 3 19. ' ' I also set out and allot unto the said master or trustee aforesaid, in respect of their said ancient lands, a piece or parcel of land, other part of the said commons and waste lands called the Hook Common, marked in the said map No. 81, containing three roods and nineteen perches, bounded northeastwardly by ancient inclosed lands belonging to Eichard Smith, Esquire, southeastwardly by ancient inclosed lands belonging to Joseph Cooper and James Mainwaring, Esquire, southwestwardly by the said private road a c, and northwestwardly by ancient inclosed lands belonging to the said master or trustee. And I direct the fences on the southwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. 54 Geo. III. Gommissioner''s Award, ch. Ixxxvii. 129 Wallasey Inclosure. I also set out and allot unto Eicliard Evans, his heirs and assigns, Richard in respect of his ancient inclosed lands in the said Township of ?^^'','^"o*' '^' Poolton-cum-Seacombe, a piece or parcel of land, other part of the ' ' " ' said commons and waste lands on Seacombe Common aforesaid, marked upon the said map No. 22, containing one rood and thirty- nine perches, bounded northwardly by ancient inclosed lands belonging to Eichard Smith, Esquire, southeastwardly by an allot- ment No. 21 to the said Mrs. Jackson, southwestwardly by the public road A, and northwestwardly by an allotment No. 23 to Messrs. Home and Stackhouse. And I direct the fences on the sovith- eastward and southwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Richard Evans, his heirs and Richard assigns, in respect of his said ancient lands, a piece or parcel of Evans, No. 55, land, other part of the said commons and waste lands called the ^' ^' ■'■^• Hook Common, marked on the said map No. 55, containing two roods and ten perches, bounded northeastwardly by the said private road a e, southeastwardly by an allotment No. 66 to Mrs. Jackson, southwestwardly and northwestwardly by the said allotment No. 54 and No. 54b to James Mainwaring, Esquire. And I direct the fences on the northeastward, southwestward, and northwestward sides thereof to be made and for ever afterwards kept in repair l)y the owner thereof. I also set out and allot unto William Home and Jonathan Wm. Home Stackhouse, their heirs and assigns, or to the person or persons ^}'^^ Jon. entitled to an allotment under this my Award in respect of a piece n '^ 2S o T'i or parcel of ancient inclosed land called the Pool sand hey, according • > > > • to his, her, or their estate and interest therein, a piece or parcel of land, other part of the said commons and waste lands on Seacombe Common, marked on the said map No. 23, containing one rood and four perches, bounded northwardly by ancient inclosed lands belonging to Richard Smith, Esquire, southeastwardly by an allot- ment No. 22, to Richard Evans, sou.thwestwardly by the said public road marked A, and northeastwardly by an allotment No. 24 to the said Richard Smith, and I direct the fences on the southeastward and southwestward sides thereof to be made and for ever afterwards kept in i*epair by the owner thereof. I also set out and allot unto the said William Home and Wm. Home Jonathan Stackhouse, or to the person or persons entitled as aforesaid and and in manner aforesaid their heii'S and assigns, a piece or parcel of if^*pq'^A°|"i9 land other part of the said commons and waste lands called the Hook ' '" ' ' ' Common, marked on the said map No. 69, containing one rood and twelve perches bounded northeastwardly by the private road a, d, southeastwardly by an allotment to Joseph Cooper No. 70, and southwardly by the strand of Wallasey Pool aiid northwestwardly by the said allotment No. 68 to the Devisees of the late Thomas Johnson, and I direct the fences on the northeastward, southeastward and southwai'd sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto Joseph Evans his heirs and assigns, in Joseph right of his ancient lands in the said townshii) of Poolton-cum- Evans, No. -2, C\ C\ c Seacombe aforesaid a piece or parcel of land other part of the said ' ' commons and waste lands on Seacombe Common, marked on the said map No. 2, containing six perches bomnled northeastwai'dly by an 130 54 Geo. III. Comwdssi oner's Award, cli. Ixxxvii- Wallaseij Inclosure. allotment No. 3 to Mrs. Wade's Trustees, southeastwardly by the messuages belonging to the said Joseph Evans, southwestwardly and northwestwardly by an allotment No. 1 to Eicha.rd Smith, Esquire, and I direct the fences on the southwestward and northwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Joseph I also set out and allot unto the said Joseph Evans his heirs and E\'ans,No.71,_g^ggjg^-^g^ in respect of his said ancient lands, a piece or parcel of land ' ' ■ other part of the said commons and waste lands called the Hook Common, marked in the said map No. 71, containing seven perches, bounded northeastwardly by the said private road a d, southeast- wardly by an allotment No. 72 to WilHam Evans, and southwest- wardly and northwestwardly by an allotment No. 70 to Joseph Cooper, and I direct the fences on the northeastward and south- eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owners thereof. Samuel I also set out and allot unto Samuel Whitby his heirs and assigns, Whitby, a piece or parcel of land part of the said commons and waste lands No. 42, 0,1,12 Qj^ Poolton Common, in the said Township of Poolton-cum-Seacombe mai'ked in the said map No. 42, containing one rood and twelve perches bounded northwardly by the public road marked C, south- eastwardly by ancient inclosed lands belonging to the assignees of William Garner, southwestwardly by an allotment No. 41 to William Bird, and northwestwardly by an allotment No. 43 to Joseph Twist, the right to which said allotment No. 42 belonged to Purchase the Assignees of the estate and effects of William Garner, in respect 1",'°™ , of his ancient inclosed lands in the said townsbip of Poolton-cum- Assio-nees. Seacombe has been sold and disposed of by them to the said Samuel Whitby, reserving to themselves the exclusive right of quay to whom I have made this allotment in pursuance of the said Act, and I direct the fences on the northward and southwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Assignees of I also set out and allot unto the said assignees of William Garner, Wm.CTarner, their heirs and assigns, in respect of their said ancient lands, a piece No. 57, 0,0, 31 Q^, parcel of land other part of the said commons and waste lands called the Hook Common, marked in the said map No. 57, contain- ing thirty-one perches, bounded northeastwardly by the private road a c, southeastwardly by aii allotment No. 58, to Thomas Molyneux, southwestwardly and northwestwardly by an allotment No. 56 to Mrs. Jackson. And I direct the fences on the northeastward, southwestward, and northwestward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Joseph Twist, I also set out and allot unto Joseph Twist, his heirs and assigns, No.43, 0,0,13 ijj respect of his ancient inclosed lands in the said Township of Poolton-cum-Seaeombe, a piece or parcel of land other part of the said commons and waste lands on Poolton Common, marked on the said map No. 43, containing thirteen perches, bounded northeast- wardly by the public road C, southeastwardly by an allotment No. 42 to Samuel Whitby, southwestwardly and northwestwardly by an allotment No. 41 to William Bird. And I direct the fences on the northeastward, southeastward, and southwestward sides thereof to be made and for ever afterwards kept in repair l)y the owner thereof. 54 Geo. III. Commissioner's Award, cli. Ixxxvii. 131 Wallasey Inclosure. And I also set out and allot unto the said Joseph Twist, his heirs and Joseph Twist, assigns, in respect of his said ancient lands, a piece or parcel of land ^o.50, 0,0, 18 part of the said commons and waste lands in Mill Lane, marked on the said map No. 50, containing eighteen perches, bounded northeast- wardly by a private road leading to a field belonging to Eobert Vyner, southeastwardly by ancient inclosed lands l^elonging to the said Joseph Twist, southwestwardly by an allotment No. 49 to the said trustees of Wallasey School, and northwestwardly Idv Mill Lane aforesaid. And I direct the fences on the northeastward and north- westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Joseph Twist, his heirs and Joseph Twist, assigns, in respect of his said ancient lands, a piece or parcel of land No. 59, 0,0,17 other part of the said commons and waste lands called the Hook Common, marked in the said map No. 59, containing seventeen perches, bounded northeastwardly by the said private road a e, southeastwardly and southwestwardly by the allotment No. 60 to William Bird, northwestwardly by the allotment No. 58 to Thomas Molyneux. And I direct the fences on the northeast- ward, southwestward, and northwestward sides thereof to l)e made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto William Bird, his heirs and assigns, William in respect of his ancient inclosed lands in the said Township of Bird, No. 41, Poolton-cum-Seacombe, a piece or parcel of the said commons and ^' '-'' waste lands on Poolton Common aforesaid, marked on the said map No. 41, containing three roods and thirty perches, bounded north- eastwardly in part by the said public road C, in other part by an allotment No. 43, to Joseph Twist, and by an allotment No. 42 to Samuel Whitby, southeastwardly in part by an allotment No. 43, to the said Joseph Twist, in other part by the public road marked on the said map D, southwestwardly l)y allotments Nos. 89 and 39a to Eoliert Vyner, Esquire, and northwestwardly by an allotment No. 40 to Leigh Blundell. And I direct that so much of the fences as adjoins the pul^lic road C, and the fence on the southeastwardly side adjoining the allotment No. 43 to Joseph Twist, and also the fences to the public road D, and those on the southwestwardly side to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said William Bird, his heirs and William Bird, assigns, in respect of his ancient lands a piece or parcel of land other No.iiO, 0,'i,.31 part of the said commons and waste lands called the Hook Common marked on the said map No. GO, containing two roods and thirty-one perches, bounded northeastwardly in part by an allotment to Mr. Twist No. 59, and in otlier part by the said private road ae, south- eastwardly by an allotment to Leigh Bhmdell No. 61, southwest- wardly l)y an allotment No. 54 to James Mainwaring, Esquire, north- westwardly in part by an allotment No. 56 to Mrs. Jackson, in otlier part by an allotment No. 58 to Thomas Molyneux, and in other part by an allotment No. 59 to Joseph Twist. And I direct the fences on the northwestward and southwestward sides thereof, and as nnich of the fence on the northeastward side thereof as adjoins the private road marked a e to be made and for ever afterwards kept in repair by the owner thereof. 132 54 Geo. III. Cominissioner's Aivard, Wallasey Inclosure. cJi. Ixxxvii. Leigh Blundell, Esq., No. .3, 0, 0, 13. Leigh Blundell, Esq., No. 40, 0, 2, 12. Purchase from Wade's Trustees. Leigh Blundell, " Exchanged Land No. 1," 11 sc[uare yards. Leigh Blundell, No.Gl,0, 2, Purchased from Wade' Trustees. I also set out and allot unto Leigh Blundell, Esquire, his heirs and assigns a piece or parcel of land part of the said commons and waste lands on Seacombe Common marked on the said map No. 3, con- taining thirteen perches, bounded northeastwardly and northwest- wardly by an allotment No. 1 to Richard Smith, Esquire, southeast- wardly in part by the strand or shore of the River Mersey, and in other part by certain messuages belonging to John Davies and the said Ijeigh Blundell, and southwestwardly by an allotment No. 2 to Joseph Evans. And I direct the fences on the southwestward and northwestward sides thereof, and also the fences adjoining the strand or shore of the River Mersey to be made and for ever afterwards kept in repair by the owner thereof. And I do hereby reserve unto the owner of the cottage now belonging to John Davies, full and free permission at all times here- after to enter upon the said hereinbefore described allotment for the sole purpose of repairing the roof or walls of his said cottage. I also set out and allot unto the said Leigh Blundell, his heirs and assigns, a piece or parcel of land other part of the said commons and waste lands on Poolton Common marked on the said map No. 40, containing two roods and twelve perches, bounded northeastwardly by the public road C, southeastwardly by an allotment No. 41 to William Bird, southwardly by an allotment No. 39 to Robert Vyner, Esquire, and westwardly in part by ancient inclosed lands in the township of Wallasey belonging to the trustees of Margaret Wade, and in other part by the common land in the said township of Wallasey called Wallasey Brake, the right to which said two last hereinbefore described allotments l^elonged to the trustees of Mrs. Margaret Wade in respect of their ancient lands in the said township of Poolton-cum-Seacombe, who have sold and disposed of the same to the said Leigh Blundell to whom I have made the said allotments in pursuance of the said x\ct. And I direct all the fences on every side of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Leigh Blundell, his heirs and assigns, a piece or parcel of land in the said township of Poolton-cum- Seacombe marked on the said map "Exchanged Land No. 1," containing eleven square yards or thereabouts, adjoining to the shore of the River Mersey and the garden of the said Leigh Blundell, which said piece or parcel of land hereinbefore allotted to the said Leigh Blundell was part of the lands of Richard Smith, Esquire, in the said township of Poolton-cum-Seacombe, and has been taken in exchange by the said Leigh Blundell from the said Richard Smith, Esquire, for the allotment No. 14 to the said Richard Smith. I also set out and allot unto the said Leigh Blundell a piece or parcel of land other part of the said commons and waste lands called the Hook Common, marked on the said map No. 61, containing two roods and seven perches, bounded northeastwardly by the said private road a e, southeastwardly by an allotment No. 62 to Sir John Tobin, southwestwardly by an allotment N(5. 54 to James Mainwaring, Esquire, and northwestwardly l)y an allotment No. 60 to William Bird, the right to which said allotment No. 61 belonged to the trustees of Margaret Wade in respect of their said ancient lands, and was sold and disposed of by them to the said Leigh Blundell to whom I 54 Geo. III. Commissioner's Award., cli. Ixxxvii. 133 Wallasey Inclosure. have made this ahotment in pursuance of the said Act. And I direct the fences on the northeastward, southwestward and northwest- ward sides thereof to be made and for ever afterwards kept in repair by the owners thereof. I also set out and allot unto Leigh Blundell, his heirs and assigns, Leigh in respect of his ancient inclosed lands in the said township of Bluiidell, Poolton-cum-Seacombe, apiece or parcel of land other part of the ' ' ' said commons and waste lands called Hook Common marked in the said map No. 74, containing three perches, bounded northeastwardly by an allotment to the devisees of William Smith deceased No. 75, northeastwardly by the private road a c, and southwardly by an allotment to Ann Bennett No. 73, and northwestwardly by an allot- ment No. 72 to William Evans. And I direct the fences on the northeastward, southeastward, and southwestward sides thereof to be made and for ever after kept in repair by the owner thereof. And with respect to a certain other tract or parcel of common land within the parish of West Kirby in the said county called the Carr, I the said Commissioner do make my Award as follows, that is to say in the first place, I do hereby particularise and describe the roads and ways so set out by me through and over the same last mentioned tract or parcel of common land aforesaid in manner following, that is to say : — One private occupation road marked with the letter a, in part of Private Koad the said tract or parcel of common land called the Carr, of the width '^• of eight yards commencing at the northeast corner of the ancient occupation road leading from the village of Grange to the Carr, and running from tbence in a northeastwardly direction along the north- west side of a field belonging to John Leigh, Esquire, near to the gate leading into the said field and thence turning off and running northwardly as far as the southeast corner of an allotment No. 4 hereinafter allotted to the said John Lciah. *o^ Another private occupation road marked in the said map with the Private Road letter 1), of the width of eight yards, other part of the said Carr b. commencing at the east side of the last-mentioned road marked a, and running thence in an eastwardly direction to an allotment on the said Carr No. 10 to the said John Leigh. One other private occupation I'oad marked in tbe said map with the Private Road letter c, of the width of eight yards, other part of the said Carr common- c cing at the north end of the ancient occupation road leading from the village of Newton to the Carr, and running thence in a northwardly direction to an allotment No. 21 to the trustees of the Woodchurch Grammar School, and thence turning off and running in a west- wardly direction to an allotment on the said Carr No. 13 to Sir Thomas Stanley Massey Stanley, Baronet. One other private occupation road marked in the said map with tlie Private Road letter d, of the width of six yards, other part of the said Carr com- i Awards ch. Ixxxvii. 135 WallciHey IncloHure. kept in repair by the owners or occupiers of the allotments over which the said footways are before described to pass. And in further execution of the said Act I have set out and made a Public drain, certain public drain on the said Carr, marked on the said map with the words " Public Drain," commencing at the ancient ditch or water coinse betw^een the ancient inclosed lands of the Eeverend Edward Stanley and the said John Leigh and running in an irregular course in a southeastwardly and eastwardly direction across the said Carr to the ancient inclosed lands belonging to the Trustees for the Poor of West Kirby, and from thence running along the ancient fence in a northwardly direction to the fender or drain at Tornall Green. And I direct that the said public drain be from time to time for ever hereafter amended, cleansed and repaired by and at the expense of the owners or occupiers of the allotments on the said Carr in the proportions and according to a rate by me made for the same, and which is written in the margin of the said map of the Carr annexed to this my Award under the direction of a person or persons to be from time to time appointed by the major part in value of the owners of the several allotments upon the said Carr according to the said rates who shall attend at a meeting to be called for that purpose by any three of the said owners of which meeting notice shall be first given at least two Sundays in the Parish Church of West Kirby before the same shall l)e held, And in further execution of the said recited acts I allot and set out "Jiail," a piece or parcel of land, part of the said Carr for the purpose of 0, 0, 21. getting marl for the use of the lord and landowners of the Township of Grange, and of the landowners of the Township of Newton-cum-Larton and Little Meols, that is to say a piece or parcel of land containing twenty-one pei'ches, bounded northwardly and westwardly by an allotment No. 14 to the Trustees of the Poor of West Kirby, eastwardly by the private road marked on the said map with the letter c, and southwestwardly by ancient inclosed lands belonging the said Trustees of the Poor of West Kirby. And ill the next place I set out and allot unto the said Jolm John Leigh, Leigh, his heirs and assigns, in respect of bis royalty as Lord of the T^^«i- Manor of Grange aforesaid, the two pieces or parcels of land l?°'^?^^7l\ hereinafter described and respectively marked No. 1 and No. 1a, • - . > • part of tlu! said tract or parcel of common land called the Carr, the same containing togetber eleven acres, that is to say, a piece or parcel of land marked on the said map No. 1, containing five acres three roods and eight perches, ])0unded northwardly by an allotment No. 2 to the said Sir Thomas Stanley Massey Stanley, east- wardly and southeastwardly by a private road marked on the said ma]) with the letter a, and southwestwardly in part by the ancient road tluMo leading to Grange, and in other part ancient inclosed lands belonging to the said John Leigh. And I direct tlie fences on the northward, eastward, and southeastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Another piece or parcel of land, part of the said Carr, )narked on No. la, 5,0,32 the said ma,p No. 1a, containing five acres and thirty-two perches, bounded northwardly in part by an allotment No. 8 to the said John Leigh, and in other part by the private road marked on the said map with the letter b, eastwardly by an allotment No. 9 to the said 136 54 Geo. III. Commissioner's Award, ch. Ixxxvii. Wallasey Inclosure. John Leigh, southeastwardly by ancient inclosed lands belonging to the said John Leigh, and westwardly in part by the private road marked on the said map a, and in other part by the said allotment No. 8 to the said John Leigh. And I direct the fences on the northward, eastward, and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. John Leigh, And in further execution of the said Acts I do hereby set out and Esq., No. 6, allot the remainder of the said tract or parcel of common land called 12, 2, 23. Newton Carr in manner following (that is to say), I set out and allot unto the said John Leigh, his heirs and assigns, in right of his ancient inclosed lands in the Township of Grange, a piece or parcel of land, other part of the said Carr, marked on the said map No. 6, containing twelve acres two roods and twenty-three perches, bounded north- wardly by an allotment No. 27 to the Eeverend Edward Stanley, eastwardly by an allotment No. 11 to the said John Leigh, south- wardly and southwestwardly by the public drain marked on the said map " Public Drain " between this allotment and allotments No. 7 and No. 7a to the said John Leigh, and westwardly by an allotment No. 5 to the said John Leigh. And I direct the fences on the north- ward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. John Leigh, I also set out and allot unto the said John Leigh, his heirs and Esq., No. 7a, assigns, in respect of his same ancient inclosed lands, a piece or parcel 12, 1, 19, ^£ land, other part of the said Carr, and marked on the said map No. 7a, containing twelve acres one rood and nineteen perches, bounded northwardly by an allotment No. 6 to the said John Leigh, eastwardly by allotment No. 7 to the said John Leigh, southwardly by a private road marked on the said map b, and westwardly in part by a private road marked in the map a, and in other part by an allotment No. 4 to the said John Leigh. And I direct the fences on the eastward and southward sides thereof and so much of the fence on the westward side as adjoins the said private road a, to be made and for ever afterwards kept in repair by the owner thereof. John Leigh, I also set out and allot unto the said John Leigh, his heirs and Esq., No. 9, assigns, in respect of his same ancient land, a piece or parcel of land '^' ^' ^" other part of the said Carr, marked on the said map No. 9, containing seven acres three roods and five perches, bounded northwardly by the said private road b, eastwardly l^y an allotment No. 10 to the said John Leigh, southwardly by ancient inclosed lands belonging to the said John Leigh, and westwardly by an allotment No. 1a to the said John Leigh. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterward kept in repair by the owner thereof. John Leigh, I also set out and allot unto the said John Leigh, his heirs and ^^l-' ^ assigns, in respect of his ancient inclosed lands in the Township of No.7, 0, 3, 39. ]S[ewton-cum-Larton, a piece or parcel of land other part of the said Carr, marked on the said map No. 7, containing three roods and thirty-nine perches, bounded northwardly by the said public drain between this allotment and the allotment No. 6 to the said John Leigh, eastwardly by an allotment No. 10 to the said John Leigh, southwardly by the said private road marked b, and westwardly by an allotment No. 7a, to the said John Leigh. And I direct the fences on the eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. 54 Geo. III. Commissioner s Award., cJi. Ixxxvii. 137 Wallasey Iiiclosure. I also set out and allot unto the said Joliii Leigli, his heirs and John Leigh, assigns, a piece or parcel of land other part of the said Carr, marked J^^3''-|Y°' ^' on the said map No. 8, containing fourteen perches, hounded north- ' ' wardly hy the said private road b, eastwardly and southwardly by an allotment No. 1a to the said John Leigh, and westwardly by the said private road a, the right to whicli said allotment, marked No. 8, belonged to Thomas Daulby, in respect of his ancient inclosed lands in the said Townshijj of Grange, and was sold and disposed of by him to the said John Leigh to whom I have made this allotment in pursuance of this Act. And I direct the fences on the northward and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Leigh, his heirs and John Leigh, assigns, in right of certain closes or parcels of ancient inclosed land Esq., No. 4, in the said Township of Grange, mentioned and contained in certain ' ' indentures of lease and release bearing date the sixth and seventh days of December, one thousand seven hundred and eighty-one, made or expressed to be made between William Glegg, Esquire, of the one part and Felix Doran, Esquire, of the other part, and in certain other indentures of lease and release, bearing date the twenty- ninth and thirtieth days of July, one thousand seven hundred and ninety-six and made between the said Felix Doran of the one part and the said John Leigh of the other part, a piece or parcel of land other part of tlie said Carr, marked on the said map No. 4, containing five acres, two roods, and tliirty-nine perches, l:)ounded northeast- wardly by the said public drain between this allotment and an allotment No. 5 to the said John Leigh, eastwardly by an allotment No. 7.\ to the said John Leigh, southwardly in part by the said private road a, and in other part by an allotment to the Reverend Roger Jackson, No. 3, southeastwardly and south- westwardly l)y ancient inclosed lands in the said Township of Grange belonging to the said John Leigh. And I direct the fences on the eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said John Leigh, his heirs and John Leigh, assigns, in right of the said closes or parcels of ancient land, a piece Esq., No. 5, or parcel of land other part of the said Carr marked on the said map ' ^' No. 5, containing three acres three roods and twenty-eight perches, bounded northeastwardly by an allotment No. 27 to the Reverend Edward Stanley, eastwardly by an allotment No. 6 to the said John Leigh, southwestwardly by an allotment No. 4 to the said John Leigh, and northwestwardly by ancient inclosed lands in the township of Little Meols belonging to the said Reverend Edward Stanley. And I direct the fences on the northwestward and eastward sides thereof, to be made and for ever afterwards kept in repair h\ the owner thereof. I also set out and allot unto the said John Leigh, his heirs and John Leigh, assigns, in right of the said closes or parcels of ancient land, a piece Esq., No. 10, or parcel of land other part of the said Carr marked on the said map ' ' No, 10, containing twelve acres three roods and twenty-eight perches, bounded northwardly by the said public drain between this allotment and an allotment No. 11 to the said John Leigh, eastwardly by an allotment No. 13 to the said Sir Thomas Stanley Massey Stanley, southwardly by ancient inclosed lands in the said township of Grange 138 54 Geo. III. Conimissioner^s Award, ch. Ixxxvii. Wallasey Inclosure. belonging to the said John Leigh, and westwardly in part by an allotment No. 9 to the said John Leigh, in other part by a private road b, and in other part by an allotment No. 7 to the said John Leigh. And I direct the fences on the eastward side thereof to be made and for ever afterwards kept in repair by the owner thereof. John Leigh, I also set out and allot unto the said John Leigh, his heirs and Esq., No. 11, assigns, in right of the before mentioned closes or parcels of ancient ' ' ■ land other part of the said Carr marked on the said map No. 11, and containing six acres three roods and thirty-eight perches, bounded northwardly by an allotment No. 27 to the Eeverend Edward Stanley, eastwardly by an allotment No. 12 to the said Sir Thomas Stanley Massey Stanley, southwardly by the said "Public Drain" between this allotment and an allotment No. 10 to the said John Leigh, and westwardly by an allotment No. 6 to the said John Leigh. And I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Sir Thomas I also sct out and allot unto Sir Thomas Stanley Massey Stanley, Stanley,No.2, ijaionet, in respect of his ancient inclosed land in the township of ' ' ■ Newton-cum-Larton in the said parish of West Kirby, for his life or to the uses upon which the said ancient inclosed lands are limited, a piece or parcel of land other part of the said Carr marked on the said map No. 2, containing four acres one rood and fifteen perches, bounded northwardly in part by ancient inclosed lands belonging to the Eeverend Roger Jackson, and in other part by an allotment No. 3 to the said Eeverend Eoger Jackson, eastAvardly by the said private road a, southwardly by an allotment No. 1 to the said John Leigh, and west- wardly in part by ancient inclosed lands belonging to the said Sir Thomas Stanley Massey Stanley, and in other part by ancient inclosed lands in the township of Grange belonging to the !-aid John Leigh, and I direct the fences on the northward and eastward sides thereof, to be made and for ever afterwards kept in repair by the owner thereof. Sir Thomas I also sct out and allot unto the said Sir Thomas Stanley Massey Stanley, Stanley, Baronet, as aforesaid, in respect of his said ancient inclosed No. 12, 6,0,24 i^j^fig r^^ piece or parcel of land other part of the said Carr marked on the said map No. 12, and containing six acres and twenty-four perches, ])ounded northwai'dly in part by an allotment No. 27 to the Eeverend Edward Stanley, and in other part by a private road marked in the said map f, eastwardly by an allotment No. 19 to the trustees of the Witton School, southwardly by the said pul^lic drain between this allotment and allotment No. 13 to the said Sir Thomas Stanley Massey Stanley, and westwardly by an allotment No. 11 to the said John Leigh, and I direct that so much of the northward fence as adjoins the allotment No. 27 to the Eeverend Edward Stanley, and the whole of the eastward fence thereof to be made and for ever afterwards kept in repair by the owner thereof. Sir Thomas I also set out and allot unto the said Sir Thomas Stanley Massey Stanley, Stanley as aforesaid, in right of his ancient inclosed lands a piece or No. 13, 10, 3, parcel of land other part of the said Carr marked on the said map No. 13, containing ten acres three roods' and fifteen perches, bounded northwardly by the said public drain between this allotment and an allotment No. 12 to the said Sir Thomas Stanley Massey Stanley eastwardly in part by an allotment No. 18 to the trustees of Witton School, in other part by a private road marked in the said map C, in 54 Geo. III. ComniiHdoner\s Awards eh. Ix.vxvU. 139 Wallasey InclosHre. other part by an allotment No. 16 to Josiah Day, in other part by an allotment No. 15 to Thomas Bloor, and in other part by an allotment No. 14 to the trustees of West Kirby School, southwardly in part by ancient inclosed lands belonging to the trustees for the poor of West Kirliy, and in other part by ancient inclosed lands belonging to the said John Leigh, and westwardly by an allotment No. 10 to the said John Leigh, and I direct the fences on the eastward side thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the trustees or trustee named and Trustees of appointed in and l)y tlic last will and testament of Thomas Bennett, ^q^2TTi*'23 deceased, for the benefit of the poor of West Kirby or to the person °- - - - or persons entitled thereto in respect of the ancient inclosed estates or lands in the said township of Grange called the Newbold and the Rakehouse to the uses upon which such ancient lands and estates are limited a piece or parcel of land other part of the said Carr marked on the said map No. 14, containing four acres one rood and twenty-three perches, bounded northwardly by an allotment No. 15 to Thomas Bloor, eastwardly in part by a private road marked in the said map C, and in other part by the allotment by me set out on the said Carr for the purpose of tlie inhal)itants of the several townsliips of Grange, Little Meols and Newton-cum-Larton getting marl therein^ southwardly by ancient inclosed lands belonging to the said trustees for the poor of West Kirby, and westwardly by an allotment No. 13 to Sir Thomas Stanley Massey Stanley, and 1 direct the fences on the nortliward and eastward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Trustees or persons aforesaid, Trustees of and in manner aforesaid and in respect to the said ancient lands a ^- ^.T^n^O 3 piece or parcel of land other part of the said Carr marked in the said • - > > map No. 24, containing eleven acres and three perches bounded northwardly by the said public drain between this allotment and an allotment No. 25 to the said Trustees, and an allotment to the Eeverend Edward Stanley marked No. 26, northeastwardly, south- eastwardly and southwardly by ancient inclosed lands in the said township of Grange belonging to the said Trustees and the said John Leigli, and westwardly in part l^y the said allotment No. 23 to the Reveri'iid Roger Jackson, in other part by the private road e, and in other pait ])y an allotment No. 22 to the devisee of Newport Urmson, and 1 direct the fence on tlie w^estward side thereof to be made and foi- ever afterwards kept in repair ])y tlie owner thereof. I also set out and allot unto the said Trustees or persons aforesaid, Trustees of and in manner aforesaid in respect of the said ancient lands a piece T. Bennett, or parcel of land, other part of the said Carr marked in the said map ^°''^^' ■^^'*^' No. 25, containing twelve acres and sixteen perches, l)ounded north- wardly ])y the ])rivate road f, eastv.ardly Ijy the allotment No. 26 to the Reverend Edward Stanley, southwardly hy the said " pul)lic drain " between this allotment and an allotment to the said Trustees, No. 24 and an allotment No. 22 to the devisee of Newport Urmson, and westwardly by the said allotment No. 20 to the trustees of the Free Grammar School at Woodchurch. and I direct the fences on the eastward side thereof to be made and for ever afterwards kept in repair by the owners thereof. 140 54 Geo. III. Co7]imissioner''s Aivard, cJi. Ixxxvii. Wallasey Inclosure. Thomas^ ^ I also set out and allot unto Thomas Bloor, his heirs and assigns, ?'i°^^n^°^^' ^'^ I'ight of his ancient inclosed land in the said township of "' ' ■ Newton-cum-Larton, a piece or parcel of land, other part of the said Carr marked oil the said map No. 15, and containing two acres, one rood and thirty perches l)ounded nortliwardly by an allotment No. 16 to Josiah Day, eastwardly by the said private road C, southwardly by an allotment No. 14 to the trustees for the poor of West Kirby, and westwardly by an allotment No. 13 to Sir Thomas Stanley Massey Stanley, and I direct the fences on the northward and eastward sides thereof to be made and for ever afterwards kept in repair Ijy the owner thei'eof. Josiah Day, I also set out and allot unto Josiah Day, his heirs and assigns, in No. 16, 4,8, o3 I'ight of his ancient inclosed lands in the said township of Newton- cum-Larton, a piece or parcel of land, other part of the said Carr marked on the said map No. 16, containing four acres, three roods and thirty-three perches bounded northwardly in part by the said private road C, and in otlier part by an allotment No. 17 to Daniel Daulby, and eastwardly in part by the said allotment No. 17 to Daniel Daulby, and in other part by the said private road C, southwardly by an allotment No. 15 to the said Thomas Bloor, and westwardly by an allotment No. 13 to Sir Thomas Stanley Massey Stanley, and I direct the fences on the northward and eastward sides thereof to Ije made and for ever afterwards kept in repair by the owner thereof. Daniel I also set out and allot unto Daniel Daulby, his heirs and assigns, Daulby, ^^ [^^ right of his ancient and inclosed lands in the township of Newton- °' '' ' ''^ cum-Larton a piece or parcel of land other part of the said Carr marked in the said map No. 17, containing one rood and thirty-two perches, bounded northwardly and eastwardly by the said private road C, southwardly and westwardly by an allotment No. 16 to the said Josiah Day. And I direct the fences on the northward and east- ward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Trustees of I also set out and allot unto the Feoffees or Trustees of Witton Witton School, in the said County of Chester for the purposes of the said 9'^n°9n^°^^' school in right of ancient inclosed land in the said township of ' ' ■ Newton-cum-Larton a piece or parcel of land part of the said Carr marked on the said map No. 18, containing two acres and twenty perches, bounded northwardly by the said " Public Drain" between this allotment and the allotment No. 19 to the said Trustees or Feoffees, eastwardly by an allotment No. 21 to the Trustees of the Woodchurch Grammar School, southwardly by the said private road C, and westwardly by an allotment No. 13 to the said Sir Thomas Stanley Massey Stanley. And I direct the fences on the eastward and southward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. Trustees of I also set out and allot unto the said Trustees and Feoffees and for Witton the ptu-poses aforesaid, in right of their said ancient lands a piece or 5*^1°18^°^'^' P^i'C'^l of ^'"^^^^ other part of the said Carr marked on the said map No. ' ' ■ 19, containing live acres, one rood aftd eighteen perches, bounded northwardly by the said private road f, eastwardly by an allotment No. 20 to the Trustees of Woodchurch Grammar School, southwardly by the said " Public Drain " between this allotment and the allot- ment No. 18 to the said Trustees or Feoffees, and westwardly by 54 Geo. III. Commissioner's Awards cJi. Ixxxvii. 141 Wallasey Inclosure. No. 12 to the said Sir Thomas Stanley Massey Stanley. And I direct the fences on the eastward side thereof to he made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the Trustees of the Free Grammar Trustees of School of Woodchurch, in respect of ancient inclosed lands in the p^.^^^^'^^^''^*^ said township of Newton-cum-Larton, and to the uses upon which Grammar the same ancient lands are limited a piece or parcel of land other part Scliool,No.20, of the said Carr marked on the said map No. 20, containing four acres, 4, 1, 7. one rood and seven perches, liounded northwardly by the private road marked f, eastwardly by an allotment to the Trustees for the Poor of West Kirl^y No. 25, southwardly by the said " Public Drain " between this allotment and the allotment No. 21 to the said Trustees, and westwardly by the said allotment No. 19 to the said Trustees or Feoffees of Witton School. And I direct the fences on the east side of the said allotment to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the said Trustees, in respect to the Trustees of . T . . 1 n n , i T i- -1 • ^ t ^ ^ ^ oodchurch said ancient lands and to the uses aforesaid, a piece or parcel ot land ^^^^ other part of the said Carr marked on the said map No. 21, containing Grammar one acre, two roods and eighteen perches, bounded noi'thwardly by School,No.'2l, the said " Pubhc Drain " between this allotment and the allotment 1- 2, 18. No. 20 last described, eastwardly by the allotment No. 22 to the devisee of Newport Urmson, southwardly by the said private road marked C on the said map, and westwardly by the allotment No. 18 to the Trustees or Feoffees of Witton School. And I direct the fences on the southward side thereof to be made and for ever after- wards kept in repair by the owners thereof. I also set out and allot unto the devisee in trust, named in the Devisees of last will and testament of Newport Urmson, deceased, his heirs ^- '^22"o°3 'i^ and assigns, in respect of ancient inclosed lands in the said ' ''''' Township of Newton-cum-Larton and upon the trusts in the said will, a piece or parcel of land, other part of the said Carr, marked in the said map No. 22, containing three acres three roods and eleven perches, bounded northwardly by the said public drain between this allotment and the allotment No. 2o to the said Trustees for the Poor of West Kirby, eastwardly by the allotment No. 24 to tlie same trustees, southwardly by the private road marked e, and westwardly in part by tbe said private road c, and in other part by the allotment No. 21 to the Trustees of Woodchurch Grammar School. And I direct the fences on the southward and westward sides thereof to he made ami for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the Eeverend Roger Jackson Clerk, Rev. his heirs and assigns, in right of his ancient inclosed lands in the ^q'^3'^o^°"'i5 Township of Newton-cum- Larton and Grange, a piece or parcel of land, other part of the said Carr, marked in the said map No. 3, containing two acres one rood and fifteen perches, bounded north- wardly by the allotment No. 4 to the said John Leigh, eastwardly by a private road marked a, southwardly by allotment to the said Sir Thomas Stanley Massey Stanley, No. 2, and westwardly by ancient inclosed lands in the Township of Newton belonging to the said Reverend Roger Jackson. And I direct the fences on the eastward side to be made and for ever afterwards kept in repair by the owner thereof. 142 Rev 54 Geo. III. Commissioner's A ward, Wallasey Inclosure. li. Ixxxvii. Rev. Edward Stanley, No. 26, 20, 2, 33. I also set out and allot unto the said Reverend Roger Jackson, in ^- ''^q^q^q 'q-i I'espect of his said ancient inclosed lands, his heirs and assigns, ' ' '' '' another piece or parcel of land, other part of the said Carr, marked on the said map No. 23, containing nine acres three roods and thirty-one perches, hounded northwardly hy the private road marked e, eastwardly in part by the allotment No. 24 to the said Trustees for the Poor of West Kirby, and in other part by ancient inclosed lands in the Township of Grange l^elonging to the said John Leigh, southwardly by a private road marked a, and westwardly by the private road c. And I direct the fences on the northward, southward, and westward sides thereof to be made and for ever afterwards kept in repair by the owner thereof. I also set out and allot unto the Reverend Edward Stanley, Clerk, and his assigns for his life, in respect of his ancient inclosed lands in the Township of Little Meols and after his decease to Sir John Thomas Stanley, Baronet, and his heirs and assigns, a piece or parcel of land other part of the said Carr, marked in the said map No. 26, containing twenty-six acres, two roods, and thirty-three perches bounded northwardly and northeastwardly in part by ancient inclosed lands in the Township of Little Meols, belonging to the said Reverend Edward Stanley and in other part by ancient inclosed lands in the Townships of Hoose and Great Meols, and southeast- wardly l)y ancient inclosed lands in the Township of Grange, Ijelonging to the Trustees for the Poor of West Kirby, southwardlj' in part by an allotment to the same trustees. No. 24, and in other part by a private road f, and westwardly in part by allot- ment No. 25 to the same trustees, and in other part by the said private road f, and as it is not intended or meant that the said private road f, on the south side of this allotment, should be inclosed or fenced off, I direct that the owner or owners of this allotment shall in lieu thereof make and for ever afterwards keep in repair so much of the fence on the south side of the said road as adjoins the allotment No. 12 to Sir Thomas Stanley Massey Stanley, No. 19 to the trustees or feoftees of Witton School, No. 20 to the trustees of Woodchurch Grammar School, and No. 25 to the said trustees for the poor of West Kirby. Rev. Edward I also set out and allot unto the said Reverend Edward Stanley' Stanley, and his assigns, in respect of his said ancient lands and in manner No. 27, 14,1,8 aforesaid, a piece or parcel of land other part of the said Carr, marked on the said map No. 27, containing fourteen acres one rood and eight perches, bounded northwardly by ancient lands in the Township of Little Meols belonging to the said Reverend Edward Stanley, east- wardly by the private road f, southwardly and southwestwardly in part by an allotment No. 12 to the said Sir Thomas Stanley Massey Stanley, in other part by three several allotments to the said John Leigh No. 11, No. 6 and No. 5, and northwestwardly by ancient inclosed lands in the Township of Little Meols belonging to the said Reverend Edward Stanley. And I direct the fences on the eastward side of this allotment shall be made and for ever afterwards kept in repair by the owner or owners thereof. In witness whereof I have hereunto set my hand and seal and have also signed the maps hereunto annexed, and do deliver this as my Award, in the presence of the proprietors now attending at a special 54 Geo. III. Commissioner'' s Aivard, cli. Ixxxvii. 143 Wallasey Inclosure. general meeting, duly called by notice for that purpose this thirteenth day of May, in the year of our Lord one thousand eight hundred and twenty-three. James (L. S.) Boydell. Signed, sealed and delivered by the said James Boydell (the several interlineations, alterations and erasures opposite to which the initials of our names are written having been first made) in the presence of us the under- signed and in presence of the several proprietors interested then attending. Jno. Pennington, Atty., Liv'l. Wm. Hy. Atherton. This is to certify that this copy of the Award of James Boydell of Rossett in the County of Denbigh, gentleman, was on the thirteenth day of May, one thousand eight hundred and twenty-four, examined with the original Award, and afterwards enrolled amongst the records of the Court of General Quarter Sessions of the Peace for the County of Chester. Charles Potts, Deputy Clerk of the Peace for the County of Chester. I hereby certify that the foregoing is a true copy of an examined copy of an Award, purporting to bear date the thirteenth day of May, one thousand eight hundred and twenty-three, under the hand and seal of James Boydell, of Rossett, in the Comity of Den])igh, gentleman, the Commissioner named and appointed in and by the Act of Parliament therein referred to, deposited in the ofKce of the Clerk of the Peace for the County of Chester. Dated this third day of Februar_y, one thousand eight hundred and sixty-six. Thomas Roberts, Deputy Clerk of the Peace for the County of Chester. 144 8 Vict. Session 1845. ch. vi. THE WALLASEY IMPROVEMENT ACT, 1845. {8 Vict. c. G.) ARKANGEMENT OF SECTIONS. Preamble section. Repealed ... ... ... ... ... ... ... ... 1 to 5 Shareholders in Companies established under Act of Parlia- ment not disqualified as Commissioners by reason of contracts ... ... ... ... ... . . . . 6 Repealed ... ... ... ... ... ... ... ...7 to 16 Mode of supplying occasional vacancies ... ... ... 17 Repealed 18 to 83 Lands allotted under 49 Geo. TIL, c. 103, and 54 Geo. III., c. 87, for stone and marl when exhausted may be sold ... 84 Land covered with sand hills left as a protection against en- croachment of the sea, to be under the control of the Commissioners ... ... ... ... ... ... 85 Saving of rights of Commissioners under the Leasowes 85 86 87 88 89 Embankment Act, 10 Geo. IV., c. 16 Power to lease or purchase ferries Power to provide steam-boats, &c. Commissioners may provide a public Office, &c. . . Limits of Act Repealed 90 to 117 Commissioners to order land adjoining streets to be fenced in 118 Repealed 119 to 141 Cellars in courts not to be occupied as dwellings ... ... 142 Repealed 143 to 152 Penalty on persons hoisting in or delivering goods into warehouses without proper tackle ... ... ... 153 Penalty on occupiers of warehouses, &c., permitting goods to be so hoisted in, or delivered out of warehouses, &c. ... 154 Penalty for casting slates from roof ... ... ... . . 155 Public houses to be shut on the mornings of Sundays, itc. ... 156 Repealed 157 to 181 8 Vict. The Wallasej/ Improvemeni Act, 1845. cli. ri. 145 SECTION. Penalty on blacksmiths not shutting out the light of theiv forges from streets after sunset ... ... ... ... 182 Eepealed 183 to 186 Dogs not to he used for drawing carts ... ... ... ... 187 Street musicians to depart when desired ... ... ... 188 Eepealed 189 to 197 Commissioners empowered to provide market places ... ... 198 Eepealed 199 to 235 Licensing porters plying for hii^e ... ... ... ... 236 Penalty on acting without such license ... ... ... 237 Eepealed 238 & 239 Licenses may be suspended, and for certain offences revoked by Justices ... ... ... ... .. ... ... 240 Eepealed 241 Order for overcharge by porters to be included in conviction and returned to aggrieved party ... ... ... .. 242 Eecovery of fares of porters ... ... ... ... ... 243 Eepealed 244 Commissioners may make bye-laws for the regulation of porters ... ... ... ... 245 Penalty for enforcing bye-laws ... ... ... ... ... 246 Eepealed .. 247 to 250 Evidence of bye-laws ... ... ... ... ... ... 251 Eepealed 252 to 255 Power to two Justices to dismiss constables ... ... ... 256 Eegulations of the Commissioners to be observed under a penalty ... ... ... ... ... ... ... 257 Eepealed 258 to 293 Unoccupied houses not rateable except to expenses of Act ... 294 Eepealed 295 to 299 Persons letting lodgings, &c., to be rated as occupiers ... 300 Eepealed 301 to 323 Saving the rights of the Crown ., ... ... ... ... 324 Eepealed 325 & 326 Interpretation clause ... ... ... ... ... ... 327 Eepealed ... ... ... ... ... ,.. ... ... 328 146 8 Vict. The Wallasey Improvement Act, 1845. ch. vi. Seel— 17 AN ACT for paving, lighting, watching, cleansing, and otherwise improviag the Parish of Wallasey, in the County of Chester ; and for estabhshing a Police, and also a Market, within the said Parish ; and for other Purposes. 8th May, 1845. Short Title. 21 & 22 Vic. cap. Ixiii. Shareholders in companies established under Act of Parliament not dis- qualified by reason of contracts. Ivlode of supplying occasional vacancies WHEEEAS it is expedient that powers should be granted for paving, hghting, watching, cleansing, and repairing the streets, highways, and other public passages and places within the parish of Wallasey in the county of Chester, and for establishing an effective police, and also a public market and weighing machines, within the said parish ; but the oljjects aforesaid cannot be effected without the authority of Parliament : May it therefore please your Majesty that it may be enacted ; and be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled and by the authority of the same. [Sections 1 to 5 were repealed by The Wallasey Order, 1852. These sections provided for the election of twenty-one Commissioners to put this Act into execution, a residential and £35 rating qualification for Commissioners, and certain disqualifications for the office.] In citing tliis Act for any purposes, it shall be sufficient to use the expression "The Wallasey Improvement Act, 1845." [T7(/r " The Wallasey Improvement Act, 1868, sec. 2."] 6. Provided always, and be it enacted. That no person, being a shareholder or member of any joint stock company estabhshed by Act of Parliament, shall be prevented from acting as a Commissioner by reason of any contract entered into Ijetween such company and the Commissioners ; but no such Commissioner, being a member of such company, sball vote on any question relating to the execution of this Act in which such company may be interested. [Sections 7 to 16 inclusive were repealed by the Wallasey Order, 1852. The 15th section provided a residential and £10 rating qualification for electors.] 17- And be it enacted. That if any^Commissioner die, or resign, or be disqualified, or cease to be a Commissioner from any other cause than that of going out of ofiice by rotation, it shall be lawful for the remaining Commissioners, if they think fit, to elect another Commis- sioner in his place ; and every Commissioner so elected shall continue 8 Vict. The Wallasey Bnjyrorement Act, 1845. ch. ri. 147 in office only so long as the person in whose place he shall be elected Sec. 18 — 85 would have been entitled to continue had he remained in office : Provided always, that all Acts of the Commissioners done during any such vacancy shall be as valid and effectual as if such vacancy had not existed. [Sees. 18 to 62.— Eepealedby The Wallasey Order, 1852. Sec. 63.— ,, * „ ,, „ 1870, art. 4. Sees. 64 to 68.— „ „ „ „ 1852. Sec. 69.— „ „ „ „ 1870, art. 4. Sees. 70 to 83.— „ „ ., „ 1852.] 84- And whereas under and by virtue of an Act of Parliament Lands passed in the forty-ninth year of the reign of His late Majesty King allotted George the Third,' intituled " An Act for Inclosing Waste Lands in ^l^^'/^Qg the Township of Liscard in the Parish of Wallasey in the County ^^^^j* 54 q 3^ palatine of Chester," and of another Act passed in the fifty-fourth c. 87, for year of the reign of His said late Majesty, intituled " An Act for stone and Inclosing Waste Lands in the Parishes of Wallasey and West Kirl^y "^I'aurted'' in the County of Chester," several parcels of land, respectively situate ^^^, ^g ^^[^ in the said Township of Liscard and in the Township of Wallasey in the said Parish of Wallasey, have been allotted for the purpose of getting stone and marl therefrom, and of a watering pit for the use of the landowners within the said townships, and the stone, marl, and water respectively in such parcels of land are oi' may Ijecome exhausted and dried up ; be it therefore enacted, That it shall be lawful for the Connnissioners to sell to the person whose lands adjoin thereto, or if for the space of one month after an offer thereof made to him he refuse or neglect to purchase, then to sell to any other person the said parcels of laiid or any of them from which the stone or marl or water shall have been so exhausted and dried up as afore- said, at or for such price as the Commissioners may deem fail' and reasonable, and convey the same to the purchaser thereof by deed under the hands and seals of any three or more of the Commissioners, whose receipt shall be a sufficient discharge to tlie purchaser of any such lands for the purchase money in such receipt expressed to be received ; and the money arising from any such sale shall he applied by the Connnissioners to the same purposes as the impi'ovement rate is hereby directed to be applied : Pi'ovided always, that it shall be lawful for the Connnissioners, if they shall think fit, instead of selling and disposing of the said watering pit, to retain the same, and to excavate, deepen, and improve the same for the use of the inhabitants of tlie said parish, and also to manage, regulate, and protect for the purposes for which they were appropriated the said parcels of land allotted for stone and marl, until the same shall be sold under the provisions of this Act. [Extended by the Wallasey Improvement Act, 1858, sec. 68; the Wallasey Improvement Act, 1864, sec. 20; and The Wallasey Order (No. 1), 1877, art. 1.] 85. And whereas under and by virtue of tbe said recited Act ^^"^^^j^^ j,^°^^'^ passed in the fifty-fourth year of the reign of His said late Majesty hjii^ left as a King George the Third, it was enacted that nothing therein contained protection should be construed to authorise the Connnissionei- therein named to aganist en- divide, set out, or allot any of the land covered with sand hills on ot'uic^serto the north-west side of the commons or waste lands in the township ^^ under the of Wallasey aforesaid beyond such line or extent of land as the said control of the Commissioner might think fit for cultivation, l)ut that llie said sand Commis- ° sioners. 148 8 Vict. The Wallasey Improvement Act, 1845. ch. vi. Sec. 86 hills should remain uninclosed and open, for the better security and preservation of the land to the eastward and southward of the same from the encroachment of the sea, and for which purpose such land covered with sand hills was thereby appropriated : And whereas the said Commissioner left undivided and uninclosed for the purpose aforesaid so much of the said land covered with sand hills as is defined and dehneated by the plan annexed to his award: and it is expedient, for the purpose of the better preservation thereof, that the same should be placed under the control of the Commissioners to be ap- pointed under this Act ; be it therefore enacted. That all tbe land covered with sand hills in the township of Wallasey left undivided and uninclosed under and by virtue of the said recited Act of the fifty-fourth year of the reign of His late Majesty King George the Third shall be under the control and management of the Com- missioners to be appointed under this Act, in order to its more efficient appropriation for the purposes mentioned and intended by the said recited Act, but for no other use, intent, or purpose whatso- ever, and it shall be lawful for the said Commissioners to plant star grass, and to prevent trespass and damage thereon, and to take such other ways and means as in their judgment may be proper and necessary for the protection, care, and due preservation of the same : ^.^^™o °J- Provided alw^ays, that nothing herein contained shall l)e construed Commis- to atfect, alter, abridge, or take away any of the powers or autho- sioners under rities, rights or privileges, vested in the Commissioners appointed under the Leasowes ^nd by virtue of an Act, passed in the tenth year of the reign of His Embank- Majesty King George the Fourth, intituled "An Act for making an 10 G. 4 c. IG. Embankment on the north-west side of the Leasowes in the town- ship of Wallasey and Great Meols in the County of Chester," to prevent the further encroachment of the sea, and the injury to arise therefrom to the lowlands contiguous, and to the port of Liverpool. IVidc the Wallasey Inclosure Act, 1814 (54 Geo. III. c. 87) sec. 23 ; and the Wallasey Local Board Act, 1890, sec. 11] Power to 86. And whereas there is within the towaiship of Poulton-cum- lease or Seacoml:)e a ferry know^n by the name of Seacoml^e Ferry, and there purchase jg within the township of Liscard aforesaid a ferry known by the name of the Egremont Ferry, and it would be of great pubhc and local advantage if the said Commissioners were enabled to rent or purchase both or either of such ferries, or any other ferry which may be hereafter established within the said towaiships or either of them, together with the wharfs, landing places, and conveniences connected therewith; be it therefore enacted. That it shall -be lawful for the Commissioners, subject to the provisions in this Act contained, to hire and take on lease, for any term not exceeding tw^enty-one years, and, if thought expedient, to purchase and take absolutely, by agreement with the several parties interested therein respectively, but not other- wise, and to hold and use the said two ferries or either of them, or any other ferry which may hereafter be estalilished as aforesaid, with the wharfs, landing places, and conveniences connected therewith, or such of them or such part thereof respectively as the Commissioners shall think proper ; and it shall be lawful for all persons interested in any such ferries, land, and property respectively, including such persons as would be capacitated to sell lands under the provisions of this Act, to contract for a lease or the sale of and to demise or sell ferries ; 8 Vict. The Wallasei/ Improvement Act, 1S45. cli. ri. 149 and convey their respective interests in any such ferries, land, and Sec 87 — 89 property respectively to the Commissioners. [Vide The Wallasey Improvement Act, 1858, sec. 36.] 87. -"^'id be it enacted, That it shall be lawful for the Com- And to pro- missioners from time to time to provide and iDurchase and maintain vide steam such steam and other boats, materials, and things, and employ and ^^^^^^ ^^• recompense such persons, as shall be necessary for the proper and efficient working of any such ferry as shall be so hired or purchased by the Commissioners. [Power to Hire and Charter : The Wallasey Improvement Act, 1858, sec. 37.] 88. And be it enacted, that it shall be lawful for the Com- Commis- inissioners from time to time to provide and maintain a lit and ^'oncrs may convenient public office within the limits of this Act for holding the P^o^i'^^^ meetings and transacting the business of the Commissioners, and for office, &c. the holding of such other public meetings and transacting sucb other public business relating to the said parish as the Commissioners shall, from time to time, direct or allow to be held or transacted therein, and also to provide land and buildings fit and convenient for the deposit of the dust, dung, ashes, and other filth to be swept and col- lected under the authority of this Act, for the depositing of stone and other materials for the highways, and for the accommodating of all horses, carts, fire engines, weighing machines, tools, implements, and other articles, matters, and things, and for any of such purposes to hire any lands, messuages, or buildings which shall by the Commis- sioners be considered necessary, of and from any person who shall be willing to let the same, or otherwise to cause any new erection or building to be made upon any land or ground which shall be pur- chased or hired under the provisions of this Act ; and it shall be lawful for the Commissioners from time to time to make and establish such rules, orders, and provisions for the use and management of such public office, and of any such lands and buildings, and to make such allowance to the keeper of the same public office for his necessary attendance and trouble about the same, as shall from time to time appear expedient to the Commissioners. 89- And be it enacted, That this Act shall extend to the townships Limits of of Liscard and Poulton-cum-Seacombe, and so much of the township Act. of Wallasey as lies to the eastward and south-eastward of a straight line drawn from a point at high-water mark of the Irish Sea fifteen hundred and sixty yards distant, along such high-water mark, from the point where the township of Wallasey adjoins the township of Liscard, to and along the eastward bomidary of an occupation road ruiming from the high road leading from the village of Wallasey towards Leasowe Castle, to a field now or late belonging to Sir John Tobin, and thence across the western extremity of such field to a brook or watercourse dividing the township of Wallasey from the parish of Bidston ; and all the powers and provisions in this Act contained shall and may be exercised and put in force within the limits aforesaid accordingly : Provided always, that nothing hei'cin contained shall exclude or limit the jurisdiction or powei's by this Act granted to the Commissioners over the land covered with sand hills in the township of Wallasey left as a protection against the encroach- ment of the sea, as hereinbefore mentioned. [The limits were by The Wallasey Order, 1852, art. 1, extended 150 8 Vict. The Wallaseij Iiiiprocement Act, 1845. ch. vi. S. 90 — 154 to an area constituted and called the Wallasey District for the purposes of the Public Health Act, 1848, the provisions of which statute (with the exceptions of sees. 50 and 109), were apphed thereto. The district was further enlarged by the Wallasey Order (No. 2), 1877, which, with the Wallasey Order 1878, extended to it the unrepealed provisions of the local Acts. The Public Health Act, 1848, was repealed by the Public Health Act, 1875, sec. 343 and schedule. For sub- stituted provisions vide sec. 313 of the Public Health Act, 1875 (38 and 39 Vict., ch. 55). The Wallasey Local Board Act, 1890, sec. 5, defines the sea and river boundary of the district.] [Sees. 90 to 117, repealed by The Wallasey Order, 1852.] Commis- sioners to order land adjoining streets to be fenced in. 118. And be it enacted, That with respect to all such land as is or may be the property of private persons which shall not be built upon, and shall lie next adjoining to any street within the limits of this Act, or land laid out or left for a street, so as to be dangerous to passengers, it shall be lawful for the Commissioners, if they shall think it necessary, to give notice in writing, to be signed by the clerk, to the owner of such land, to fence in the same in a proper and suffi- cient manner ; and if such owner shall neglect or omit to fence in the same in manner aforesaid for the space of live days next after such notice, the Commissioners shall cause the same to be done in such manner as they shall think proper, and the expenses thereof shall be recovered from such owner by distress. [Vide The Wallasey Local Board Act, 1890, sec. 24.] [Sees. 119 to 141, repealed by The Wallasey Order, 1852.] Cellars in 142. And be it enacted. That it shall not be lawful to let separ- courts not to ately, except as a warehouse or storehouse, or to suffer to be occupied he occupied g ^ dwelling place, any cellar under any house in any court, as dwelhngs. o i ' j j ^ [Sees. 143 to 152, repealed by The Wallasey Order, 1852.] Penalty on persons hoisting in or delivering goods into warehouses without proper tackle ; and on occupiers of ware- houses, &c., permitting goods to be so hoisted in or delivered out of ware- houses, &c. 153- -^i^<^ be it enacted. That if any person shall hoist, lower, take in, or deliver any cask, puncheon, barrel, sack, bag, or other thing into or from any warehouse, building, cellar, or vault, within the limits of this Act, without proper and sufficient ropes and other tackle, in good order and condition, and fit for such hoisting, lower- ing, and taking in or delivering, and without slinging or otherwise effectually securing such cask, puncheon, barrel, sack, bag, or other thing, so as to prevent the same from slipping, Ijreaking away, or falling, every person so offending shall for every such offence forfeit a sum not exceeding five pounds. 154. And be it enacted. That if any owner or occupier of any w^arehouse or building or room therein respectively, cellar or vault, or master porter, shall wdlfully or negligently permit or sui^'er any cask, puncheon, Ixxrrel, sack, bag, or other thing to be hoisted, lowered, taken in, or delivered out of any warehouse, building, cellar, or vault, without having proper and sufficient ropes and other tackle, in good order and condition, and fit for such hoisting, lowering, taking in, or delivering, every person so offending shall for every offence forfeit a sum not exceeding five pounds ; provided that no person shall be liable to the said penalty other than the party whose duty it was to 8 Vict. The Wallai^ey Lnproveme?if Act, 1845. ch. vi. 151 piovide and have oi' keep sufficient rope and tackle for any of the S 155 — 198 purposes aforesaid, aud who shall be pruved to have failed to provide or have or keep the same. 155. A.nd be it enacted, That if any person shall throw or cast Penalty for from the roof or other part of any house or other building, into any casting slates street within the limits of this Act, any slate, brick, tile, wood, rubbish, °^^^ ^ or other material or thing, he shall for every offence forfeit a sum not exceeding twenty shillings. 156. And be it enacted. That no licensed victualler or other jjerson Public houses shall open his house within the limits of this Act, for the sale of wine, *o ^^ shut on spirits, beer, or other fermented or distilled liquors, or permit the the uiommgs same to ])e sold therein, on Sundays or Christmas Day or Good ^^,^ Friday, before the hour of one in the afternoon, under a penalty not exceeding five pounds for each offence ; provided that nothing here- in contained shall extend to prevent refreshment to travellers. [Sees. 157 to 165.— Eepealed bv The Wallasey Order, 1852. Sees. 166 to 171.— ,, \, „ ,, 1870, art. 4. Sees. 172 to 181.— ,, ,, „ ,, 1852.] 182. And be it enacted. That if any blacksmith, whitesmith. Penalty on anchor-smith, nailmaker, or other person using a forge, and having blacksnnths a door, window, or apertui-e fronting or opening into or towards any o°t the lioht street within the limits of this Act, shall not close such door, or of their forges fasten the shutters or other fastenings of such windows, and close from streets such aperture, every evening within one half-hour after sunset, so as ''^^^'^'^ sunset. effectually to prevent the light from shining through the doorway, window, or a23ertu)'e into or upon such street, every person so offend- ing shall for every offence forfeit a sum not exceeding twenty shillings ; provided that nothing herein contained shall extend to forges below the pavement of the street. [Sees. 18-3 to 186, repealed by The Wallasey Order, 1862.] 187. And be it enacted, That from and after the passing of this Dogs not to Act every person who within the limits of this Act shall use any dog ^^ "s^*^ ^°^' or goat for the purpose of drawing or helping to draw any cart, "'''^^''"^° ^^"^^ ^ carriage, truck, or barrow, shall be liable to a penalty of not more than forty shillings for each offence. 188. And be it enacted. That it shall be lawful for any house- Street holder within the limits of this x\ct, personally, or by his servant or musicians any of his family, or l)y the street keeper or a constable, to require ^v°heinJesired any street musicians or singer to depart from the neighbourhood of the house of such liouseholder, on account of the illness of any inmate of such house, or other reasonable cause ; and every person who shall sound or })la}" upon any musical instrument or sing in any street near any house, after being so required to depart, shall be liable to a penalty of not more than forty shillings. [Sees. 189 to 191.— Repealed byThe Wallasey Order, 1852. Sees. 192 to 197.— ,, ,, ,, „ 1870, art. 1.] Commis- 198. And be it enacted. That it shall be lawful for the Commis- sioncrs em- sioners to build and provide upon the land to be purchased by them powered as herein mentioned, and for ever after to maintain and improve, as ^a^.^eVplaces 152 8 Vict. The Wallasey Iinprovemeiit Act, 1845. cJt. vi. S. 199 — 240 they shall think fit, ono or more market place or market places for the sale of cattle, animals, and provisions and all other marketable commodities within the limits of this Act, together with all stalls, standings, and other conveniences and suitable approaches for all persons resorting thereto. [Sees. 199 to 235, repealed by The Wallasey Order, 1852.] Licensing porters plying for hire. Penalty on acting with- out such licence. 236. And whereas it is expedient that errand, message, and luggage porters plying for hire within the limits of this Act, should be licensed ; be it therefore enacted. That every person shall be licensed by the Commissioners before he shall act as an errand, message, or luggage porter ; and that every such licence shall, within seven days after the granting thereof, be registered at the clerk's office (a certificate of wliich registry shall be given to every such person upon payment of such sum as the Commissioners may deter- mine, not exceeding the sum of one shilling and sixpence) ; and every person neglecting to register his licence shall forfeit for every such neglect a sum not exceeding twenty shillings. [So much of sec. 236 as related to drivers of hackney carriages was repealed by The Wallasey Order, 1852. By art. 17 of that Order, the sections of the Town Police Clauses Act, 1847, with respect to hackney carriages, were incorporated with so much of this Act as remained unrepealed.] 237. And be it enacted. That if any person shall act as such porter as aforesaid without having obtained such licence, or shall lend or part with his licence or badge, every such person shall for every oii'ence respectively forfeit a sum not exceeding twenty shillings. [So much of sec. 237 as related to drivers of hackney carriages, and sees. 238 and 239 were repealed by the Wallasey Order, 1852. As to penalties, vide note to sec. 246.] certain offences revoked by justices. Licences may 240. And be it enacted. That it shall be lawful for any Justice be suspended, ijgfore whom any errand, message, or luggage porter shall be con- victed of any offence imder this Act, if such Justice, in his discretion, shall think proper to suspend, for any period not exceeding two months, the licence granted to such porter ; and it shall also be lawful for any Justice, upon proof that any porter has been convicted of felony, or upon the conviction before him for a second offence of any porter, to revoke the licence granted to such porter ; and when- ever the licence of any porter shall be suspended or revoked as aforesaid, it shall be lawful for any Justice to require such porter to deliver up forthwith to such Justice his licence and badge ; and if any porter shall, upon being so required, refuse or neglect to deliver up such licence or badge, or either of them, he shall forfeit any sum not exceeding five pounds ; and every Justice to whom any licence or badge shall be delivered up shall forthwith transmit the same to the clerk, who shall, at the expiration of the period for which any such licence shall have been suspended, re-deliver such licence, with the badge, to the person to whom it shall have been granted. [So much of sec. 240 as related to drivers of hackney carriages, and sec. 241 were repealed by The Wallasey Order, 1852.] 8 Vict. Tlie Wallaneji Improvement Ad., 1845. cli, ri. 153 242- And 1)0 it enacted, That whenever any errand, message, or S.242 — 246 hi^j^ago poi'ter shall he convicted of taking and receiving as and for (j^-dcr for a fare a greater sum than is or shall be authorized by any Bye-law overcharge made under and by virtue of this Act, it shall he lawful to include ^y poi'ters to in the conviction of such porter an order for the payment of the sum ^^ '"*^ 1} ^. so overcharged, over and above the penalty and costs which shall be and rotunied imposed for every such offence, and upon payment or recovery of to aggrieved the said overcharge to cause the same to be returned to the party party, aggrieved, whose evidence shall l)c admissible in proof of the said offence. [So much of sec. 242 as related to drivers of hackney carriages was repealed b}- The Wallasey Order, 1852.] 243- And be it enacted. That if any person shall refuse to pay. Recovery of on demand, to any errand, message, or luggage porter, such fare as fares of shall be authorized to Ije taken and received by tlie Bye-laws to be poi'ters. made as herein directed, such fares or rates may, together with costs, be recovered as any penalty imposed by this Act. [So nuich of sec. 243 as related to drivers of hackney carriages and sec. 244 were repealed by The Wallasey Order, 1852.] 245. And 1)0 it enacted, That it shall bo lawful for the Commis- Commis- sioners from time to time to make such Bye-laws as they shall think sioners may tit for all or any of the purposes following (that is to say) — KAv.*^for\°h For regulating all loads, rates, fares or prices which shall be regulation of allowed to bo taken by errand, message, or luggage porters for poi'^c'^s. hire, and in what manner errand, message, and luggage porters plying for hire shall behave and conduct themselves, and for punishing extortion, imposition, misconduct, or misbehaviour in such errand, message, and luggage porters respectively : And it sliall bo lawful for the Commissioners from time to time as they shall think fit to repeal, alter, or amend any such Bye-laws, and make others in their stead, provided such Bye-laws be not repugnant to the laws of England or the provisions of this Act, and be reduced into writing, and signed by any three of the Coinmis- sioners, and if affecting other persons than the officers or servants of the Conunissioners, be printed and published as herein provided. [The other ])arts of sec. 245 relating to the I'egulation of markets, hacknev cari-iagos, &c., were repealed by The Wallasey Order, 1852.] 246. And be it enacted. That it shall bo lawful for the Conmiis- Penalty for sioners by the Bye-laws so to be made by them to impose such ^iiforcing reasonable penalties as they shall think fit, not exceeding five pounds ^^' ^^^''' for each offence : Provided always, that such Bye-laws be so framed as to allow the Justices before whom any penalty imposed thereby is sought to be recovered to order the whole or part only of such ])(!nalty to l)e paid. [The Wallasey Order, 1852 (schod.), I'opcaled " so much of any unrepealed part " of the Wallasey Improvement Act, 1845, " as fixes the amount of any penalty for any offence under the said Act, wherever the penalty for such offence is fixed by the Public Health Act or any Act hereby incoiporated therewith, or by any Bye-law of the Local Board of Health, 154 8 Vict. The Wallace// Ii)vproDevieut Act, 1845. cli. vi. S.247 — 299 iit an amount other than tluit tixccl by tlic said Local Act." By The Wallasey Order, 1888, art. 3, sub-sec. 2, the provisions contained in the Public Health Act, 1875, with respect to Bye-laws, and the penalties which may be imposed thereby, and the recovery and application of penalties, were aj)plied to all Bye-laws under the Wallasey Improvement Act, 1845.] [Sees. 247 to 250.— Repealed l)y The Wallasey Order, 1852.] Evidence of 251. And be it enacted, That the production of a written or Bye-laws. printed copy of the Bye-laws of the Commissioners, authenticated by the signatures of three of the Connnissionei's or their clerk, shall be evidence of the existence and of the due making of such Bye-laws in all prosecutions under the same; and with respect to the proof of the publication it shall be sufticient that painted boards containing a copy thereof were affixed or continued in the manner l)y this Act directed, and in case of any such lioards lacing afterwards destroyed or obli- terated it shall be sufficient to prove that such board was replaced or restored as soon as conveniently might be, unless proof be adduced by the party complained against that such painted boards did not contain a copy of the Bye-law under which he shall be prosecuted, or that lioards were not affixed or continued to l^e affixed as required by this Act. [Sees. 252 to 255.— Repealed by The Wallasey Order, 1852.] Power to two Justices to dismiss constables. Regulations of the Com- missioners to be observed under a penalty. 256. And be it enacted. That it shall be lawful for any two Justices to dismiss or suspend for neglect of duty any constable or officer appointed under this Act ; and no person so suspended or dismissed shall l)e re-appointed, except with the consent of two Justices ; and when any person shall be so dismissed or suspended all powers vested in him as a constable shall cease or he suspended. 257- And be it enacted. That it shall be lawful for the Commis- sionei's to make such rules and orders as they shall think fit for regulating the conduct of the said constables and officers ; and if any such constable or other officer shall not faithfully observe and per- form such rules and orders he shall forfeit for every such offence an}' sum not exceeding forty shillings, and if the Commissioners shall think proper shall also be immediately discharged from his office or employment. [As to penalties, vide note to sec. 246. Sees. 258 to 277.— Repealed by The Wallasey Order, 1852. Sees. 278 to 280.— Repealed bv The Wallasey Order, 1870, art. 4. Sees. 281 to 292.— ,, " ,, \, 1852. Sec. 293. — Repealed with proviso by Tlie Wallasey Order, 1870, art. 1, such proviso being subsequently repealed by the Wallasey Improvement Act, 1872, sec. 20.] Unoccupied houses not rateable except to expenses of Act. 294. And be it enacted, That no house or other projDerty shall l)e rated under this xlct whilst the same shall be unoccupied, save and except only to so much of the said improvement rate as shall be made for defraying the expenses of preparing, applying for, obtaining, and passing this Act, or in any way incident thereto. [Sees. 295 to 299.— Repealed by The Wallasey Order, 1852.] 8 V'ict. The Wallaseij Improvement Act, 1845. vli. vi. 155 300. And be it enacted, That every ])erson who shall let liis S.300 — 327 house in separate apartments or ready furnislied shall be rated as the persout, occupier thereof. letting [Sees. 301 to 323.— Kepealed by The Wallasey Order, 1852.] [o'^feTat'ed'as '■>• ■'■• ■■'• '■'• ■■• '->' occupiers. 324- And be it enacted, That nothing in this Act contained shall Saving the operate to vest in the said Commissioners, or to authorize them to "S^ts of the rent, take, or use or have any contiol over any land, soil, foreshore, '■"°^^"- piers, ferries, or landing places belonging to Her Majesty in right of her crown, without the consent in writing of tlie Commissioners for the time Ijeing of Her Majesty's Woods, Forests, Land Revenues, Works, and Buildings, or any two of then], tirst had and obtained for that purpose, or to prejudice, diminish, alter, take away, or in any manner interfere with any of the rights, privileges, powers, or authorities vested in or enjoyed by Her Majesty, her heirs or successors. [Sees. 325 and 326.— Repealed by The Wallasey Order, 1852.] 327- And be it enacted. That in this Act the following words interpreta- and expressions shall have the several meanings hereby assigned to tion Clause, them, unless there be something in the subject or context repugnant to such construction ; that is to say, Words importing the singular number shall include the plural numljer, and words importing the plural number shall include the singular number. Words importing the masculine gender only shall include females : The word " month " sliall mean calendar month : The word "person " or the word "persons " shall include corpora- tion, whether aggregate oi' sole ; and whenever any forfeiture, penalty, or damage is payable to a party aggrieved, it shall be payable to a body corporate in like manner as to an individual : The word " oath " shall include affirmation in the case of Quakers, or other declaration or solemnity lawfully substituted for an oath in case of any other persons exempted by law from the necessity of taking an oath : The expression " Superior Courts " shall mean Her Majesty's Superior Coiu'ts of Record at Westminster : The word " clerk " shall mean the clerk of the Couunissioners : The word " Conmiissioners " shall mean the Connnissioncrs for the improvement of the Parish of Wallasey for the time being, acting by virtue of this Act : The word " Justice " shall mean any justice of the peace for the county or place where the matter requiring the cognizance of an\ justice shall arise : The words " General or Quarter Sessions " shall mean tlie general or quarter sessions of the peace for the County of Chester : The w^ord " street " shall include any square, street, court, or alley, highway, lane, road, thoroughfare, or public passage or place within the limits of this Act : IVide The Wallasey Local Board Act, 1890, Sec. 38.] 156 8 Vict. The Wallcuey Ti)iprovement Act, 1845. ch. in. Sec. 327 The word " house " shall iiiean dwelling house within the limits of this x\ct : The word " building " shall extend to and comprise all buildings of what nature and kind soever, not being Ijuildings or structures wholly underground, or bridges, or walls to be used as fences only, now built or hereafter to be built, and every part of such building respectively, within the limits of this Act: The word " lands " shall extend to messuages, lands, tenements, and hereditaments of any tenure : The word " owner " shall mean the party in possession or receipt of the rents or profits of any tenement : The word " Surveyor " or the word " Surveyors " shall mean the surveyor or surveyors of highways or buildings, as the case may be, to l)e appointed by the Commissioners in pursuance of this Act, and shall extend to any assistant surveyor or assistant surveyors to be appointed by the Commissioners : The words " hackney carriage " shall include any coach, chariot, car, tiy, cabriolet, sociable, lorry, or such like carriage : The word "carriage" shall include any coach, chariot, car, liy, cabriolet, gig, sociable, lorry, waggon, timber carriage, float, dray, cart, shandrey, sledge, truck, hand cart, wheelbarrow or handbarrow : The word "driver " shall include the driver, conductor, or carter of any such carriage : [The words " hackney carriage " and " carriage " in this section included also " omnibus," but this provision was repealed by art. 4 of The Wallasey Order, 1888. For jjrovisions relating to the regulation of hackney carriage and omnibuses, vide The Wallasey Order, 1852, Art. 17, and The Wallasey Order, 1888.] [Sec. 328. which enacted that this Act should be a public Act, and judicially noticed as such, was repealed by The Wallasey Order, 1852.] [The Wallasey Order, 1852, also repealed " so much of any unrepealed part " of the Wallasey Improvement Act, 1845, " as fixes the amount of any penalty for any offence under the said Act, wherever the penalty for such offence is fixed by the Public Health Act, or any Act hereby incorporated therewith, or by any Bye-law of the Local Board of Health, at an amount other than that fixed by the said Local Act." By art. 11 of the same Order the unrepealed parts of the Wallasey Improvement Act, 1845, were incorporated with the Public Health Act, 1848, and art. 17 incorporated certain sections of the Town Police Clauses Act, 1847 ; of the Town Improvement Clauses Act, 1847 ; and of the Markets and Fairs Clauses Act, 1847. As to the sections of the Town Police Clauses Act, 1847, so incorporated vide The Wallasey Order, 1888. By art. 3 (sub-sec. 2) of this Order the provisions contained in the Public Health Act, 1875, with respect to Bye-laws, and the penalties which may be imposed 8 Vict. The WaJlasen Imi^rovement Ad, 1845. eh. vi. 157 thereby, and the recovery and apphcation of penalties, were Sec. 327 applied to all Bye-laws under the Wallasey Improvement Act, 1845. The Commissioners appointed to put into execution and administer the provisions of The Wallasey Impi'ovement Act, 1845, were superseded by a Ijocal Board of Health created in pursuance of the Public Health Act, 1848, by The Wallasey Order, 1852. By this Order the powers of the Improvement Commissioners were transferred to the Local Board of Health. The Public Health Act, 1848, was repealed hy the Public Health Act, 1875 (sec. 343 and sched.), which statute con- solidated and amended the Acts relating to pul^lic health in England.] 158 16 Vict. Session LSSS. ch. XXIV. Sec. 1—12 Certain Provisional Orders of the General Board of Health confirmed. First Elec- tion of Local Board for Wallasey. Act incorpo- rated with Puhlic Health Act. Short Title. The Public Health Supplemental Act, 1853 (No. i). {Confirms The Wallasey Order, 1852). AN ACT to confirm and extend certain Provisional Orders of the General Board of Health for tlie Towns of Wakefield, Elland, Wallasey, Dudley, Barnsley, Dorchester, and Welshpool. 9th May, 1853. WHEEEA8 the General Board of Health have, in pursuance of the PuhUc Health Act, 1848, made, published, and deposited, according to the Provisions of that Act, certain Provisioutil Orders mentioned in the Schedule to this Act annexed, and it is expedient that the said Orders should be confirmed, and further Provisions made in relation thereto : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, I. That the Provisional Orders of the General Board of Health referred to in the Schedule annexed shall, from and after the passing of this Act, so far as the same are authorized by the said Public Health Act, be al^solute, and be as binding and of the like force and eftect as if the Provisions of the same had been expressly enacted in this Act. 3. The First Election of the Local Board of Health for the District of Wallasey, for the purposes of the said Public Health Act, shall take place on the Twentj-eighth day of April, in the year of our Lord one thousand eight hundred and fifty-three. [This date appears to have been altered to the 21st of June, by order of General Board of Health dated May 10th, 1853.] II. This Act shall be deemed to be incorporated with the Public Health Act, and shall be as if this Act and the Public Health Act were One Act. 12- That in citing this Act in any other Act of Parliament, or in any Proceeding, Instrument, or Document whatsoever, it shall be sufficient to use the words and figures "The Public Health Supplemental Act, 1853 (No. 1.) " [The omitted Sections and Orders relate to districts other than Wallasey.] 8 Vicf. Tlie Public Health Siipplemenfal ch. rxiv. 159 Act, 1853 (No. 1). SCHEDULE. Schedule. THE WALLASEY ORDEE, 1852. Provisional Order for the Application of the Pnhlic Health Act, 1848, to the District of Wallasey, in the County of Chester. [This Order may be cited as The Wallasey Order, 1852. — Vide The Wallasey Order, 1896, art. II.] General Board op Health. Whereas in pursuance of the Public Health Act, 1848, the General Board of Health, upon the joint petition of not less than one tenth of the inhabitants rated to the relief of the poor of and within the Township of Poulton-cum-Seacombe, in the Parish of Wallasey, in the County of Chestei' (the nunil:)er of the said petitioners exceeding thirty in the whole), directed Eobert Eawlinson, one of their Super- intending Inspectors, to visit the said Township, and to make public inquiry, and to examine witnesses as to the sewerage, drainage, and supply of water, the state of the burial grounds, the number and sanitary condition of the inhabitants, and as to any Local Acts of Pai'liament in force within the said Township for paving, ligliting, cleansing, watching, regulating, supplying with water, or improving the said Township, or having relation to the purposes of the said Act ; also, as to the natural drainage areas, and the existing parochial or other local boundaries, and the boundaries which might be most advantageously adopted for the purposes of the said Act. And whereas the said Superintending Inspector, having previously given the notices required b\ the said Act, proceeded upon the said inquiry in the manner directed by the said Act, and hath reported in writing to the said General Board upon the several matters with respect to which he was so directed to inquire as aforesaid, and upon certain other matters in respect of which he deemed it expedient to report for the purposes of the said Act. And whereas copies of the said Report, accompanied l^y a notice stating that within the time directed by tli(> said Act, written statements might be forwarded to the said Board with respect to any mattor contained in or omitted fi'om the said Repoil, or any amend- ment ])roposed to be made therein, have been duly publishetl and deposited as reqttired by the said Act, and the time for forwarding such statements has now elapsed, and all such statements as have been received by the said Board have been duly deposited as required In' that Act. And whereas it having appeared to the said General Board that the boundaries wliich might be most advantageously adopted for the purposf^s of the said Act were not the same ns those of the said Townsliip witli respect to which the said inquiry had been made, the said Board caused the said Robert Eawlinson to visit the parts within the boundaries proposed to be adopted lor the purposes of the said Act. 160 16 Vict. The Public HealtJi fiupplemenfal cli. xxiv. Act, 1853 {No. 1). Schedule. And whereas the said Superintending Inspector, after having given such notice as is required by tlie said Act, did hear all persons desirous of being heard before him on the subject of tlie said Eeport, and did make further inquiry and report according to tlie directions of the said Board. And whereas copies of such further Eeport, accompanied hy a notice stating that, within the time directed by the said Act, written statements might l)e forwarded to the said Board with respect to any matter contained in or omitted from the said Eeport, or anj' amend- ment proposed to be made therein, have been duly published and deposited as required hy the said Act, and the time for forwarding such statements has now elapsed, and all such statements as have been received by the said Board have been duly deposited as required by that Act. And whereas it appears upon such Eeports that there is a certain Local Act in force within the said Township having relation to the purposes of the said Public Health Act, that is to say, An Act passed in the Eighth Year of the Eeign of Her present Majesty Queen Victoria, intituled " An Act for paving, " lighting, watching, cleansing, and otherwise improving the " Parish of Wallasey, in the County of Chester ; and for " establishing a police, and also a market, within the said " parish ; and for other purposes." And whereas it appears to the said General Board to be expedient that the said Public Health Act should be applied to a district included within the same boundaries as those of the herein-before recited Local Act, subject to the extension hereafter mentioned, being the boundaries within which the said inquiry and further inquirj' have been made, and that provision should be made in respect to the said Local Act of Parliament, and the repeal, alteration, extension, and future execution thereof, but the same cannot l)e done without the authority of Parliament. Now, therefore, in pursuance of the powers vested in the said Board by the Public Health Act, 1848, We, the said General Board of Health, do, by this Provisional Order under our hands and official seal, direct. That from and after the day appointed for the first election of the Local Board of Health by any Act of Parliament confii'ming this Order : — ^o -The Public Health Act, and every part thereof, except the Sections numbered 50 and 109 in the copies of that Act printed by Her Majesty's Printers, shall apply to the area comprised within the jurisdiction of the Commissioners under the herein-before recited Local Act, and to the strand or shore between high and low water mark of the Irish Sea, bounding such part of the said area as in the Township of Wallasey, subject to any rights of the Crown therein ; and such area so extended shall constitute a district called the Wallasey District, for the purposes of the said Public Health Act. [The Wallasey Order (No. 2) 1877, declares " that all that part of the Parish of Wallasey which is comprised in the Eural Sanitary District of the Birkenhead Union shall be included in, and shall, for the purposes of the Public Health Act, 1875, 16 Vicf. Tlie Public Healtli ^Supplemental cli. xxiv. 161 Act, 1853 (No. 1). be deemed to form part of the Local Government District of Schedule. Wallasey." The Wallasey Local Board Act, 1890, sec. 5, defines the sea and river boundary of the district.] 2. — The Local Board of Health shall consist of fifteen persons, of whom six shall be elected by the owners of and ratepayers in respect of property in the Township of Poulton-cum-8eacombe, six by the owners of and ratepayers in respect of property in the Township of Liscard, and the remaining three by owners of and I'atepayers in respect of property in the Township of Wallasey. 3. — One third in number of the said Local Board shall go out of office on the day next after the expiration of a year from the day appointed by Parliament for the first election of the said Local I5oard, and so on annually ; so that two of the memljers elected for the Townships of Poulton-cum-Seacombe and Liscard respectively, and one of the members elected for the Township of Wallasey, shall go out every year. 4. — Every person shall, when elected, and while he continues a member of the said Local Board, be resident, as in the Public Health Act, 1848, is required, and be possessed of real or personal estate or both, to the amount of not less than one thousand pounds, or shall l)e so resident and rated to the relief of the poor of the said parish, or of some township or place of which some part is within the said district, upon an annual value of not less than thirty pounds. 5. — At the first election of the said Local Board, Isaac Penny. Esquire, of Poulton-cum-Seacombe, within the aforesaid district of Wallasey, shall perform the duties which it may be requisite for him to perform in conducting the said first election ; and in case the said Isaac Penny, from illness or other sufficient cause, shall be unable to discharge such duties, or shall be absent, or shall refuse to act, then Henry Pooley, Esquire, of Liscard, likewise within the district of Wallasey aforesaid, shall perform such of the said duties as then remain to be performed. [Arts. 2 to 5. — The Public Health Act, 1875, which repealed the Public Health Act, 1848, contained in sec. 8 and Schedule II, provisions relating to the election of Local Boards, the number and qualifications of members, the qualification of electors, and the mode of election. These provisions were repealed by the Local Government Act, 1894 (56 and 57 Vict. ch. 73, sec. 89 and Schedule II). By the operation of the Local Government Act, 1894, Urban Sanitary Authorities (Local Boards), became Urban District Councils. The qualification and disqualifications of Councillors in Urban Districts, not boroughs, aie contained in sees. 23 and 40 of tliat statute. Elections of District Councils are, subject to the provisions of the Local Government Act, 1894, conducted according to rules framed under the Act ])y the Local Government Board. The voters are the "parochial electors " of the parishes in the district - r?V/e sees. 23 and 44.] G. — The fourteen days notice of qualification required by the Public Health Act, 1848, to be given by owners of property in order to entitle them to vote at the said first election shall be given to the said Isaac Penny, at his dwelling-house in Poulton- M 162 16 Vict. The Public Health Supplemental ch. xxiv. Act, 1853 {No. 1). Schedule. cum-Seacombe, within the aforesaid district of Wallasey ; or in case he shall refuse or be unable to receive the same, then to the said Henry Pooley, at his dwelling-house in Liscard, likewise within the district of Wallasey aforesaid. 7. — The parts of the said Local Act specified in the Schedule to this Order shall be repealed, except in so far as the same repeal any other Act or Acts of Parliament. 8. — All the powers of the Commissioners under the said Local Act shall cease, and those of their officers shall cease from the time appointed by order under the hands and seal of office of the said Local Board. 9. — Such of the said powers as are granted by the unrepealed parts of the said Local Act shall, so far as the same are not repug- nant to or inconsistent with the said Pubhc Health Act, or this Order, or any byelaw lawfully made under the said Public Health Act, be transferred to the said Local Board of Health, and the officers of the said Local Board, and shall be exercised in the same manner as if such powers had been granted by the said Public Health Act. 10. — The said Local Board shall be the Commissioners for executing the unrepealed parts of the said Local Acts. And they shall have the like powers of nominating and electing out of their own body persons to be trustees of the Birkenhead Docks, under the pi-ovisions of an Act of the 11th and 12th Vict, eh. 144, intituled " An Act to amend the several Acts relating " to the Birkenhead Commissioners Docks, and to transfer the " several powers of the said Commissioners to a Corporate " Body to be entitled the Trustees of the Birkenhead Docks " and for other purposes," as are thereby vested in the Commissioners under the said Local Act. [The Act 11 and 12 Vict. ch. 144, was repealed by the Mersey Docks and Harbour Act, 1857, under which the Mersey Docks and Harbour Board was constituted. The powers of the trustees were by that Act vested in the Dock Board.] 11. — The provisions (except as aforesaid) of the said Public Health Act may, whenever practicable, be applied to anything which shall arise under the unrepealed parts of the said Local Act, and such unrepealed parts shall be incorporated with the said Public Health Act. 12.— All property and estate whatsoever of the Commissioners under the said Local Act shall be transferred to the said Local Board of Health, and shall be held by them upon the same trusts and for the same purposes as by such Commissioners. 13. — All debts, monies, and securities for money, contracted or payable by such Commissioners, shall be satisfied by the said Local Board out of such parts of the said transferred property and estate as would have been chargeable therewith if this Order had not been made, and shall be paid and satisfied by the said Local Board as by such Commissioners. 14. — Provided always, that if such property and estate be insufficient, the deficiency shall be charged upon the rates leviable under the said Public Health Act, in the parts only which would have been chargeable with such deficiency if this Order had not been made. 16 Vict. The Public Health Supjjlemental ch. xxiu. 163 Act, 1853 (No. 1). 15. — Provided also, that if such property and estate be more than Schedule. sufficient, the surplus shall be applied to the use of the same parts and to the same purposes as it would have been if this Order had not been made. 16. — All expenses which shall be incurred by the said Local Board of Health under the unrepealed parts of the said Local Act, and not defrayed out of the monies arising under that Local Act, shall be deemed to be expenses incurred under the said Public Health Act, and shall be defrayed out of the rates under that Act (as the nature of the case may require) ; and the monies necessary to be raised for the purposes of such Local Act may be raised as under the said Public Health Act. 17. — The sections of the Towns Police Clauses Act, 1847, with respect to— The appointment and the powers, duties, and privileges of constables ; And obstructions and nuisances in the streets, and fires, and ' places of public resort, and [_Vuh The Wallasey Order, 1888.] hackney carriages ; And with respect to public bathing ; And the sections of the Towns Improvement Clauses Act, 1847, with respect to — Naming the streets and numbering the houses, and impro- ving the line of the streets and removing obstructions ; And ruiuous or dangerous buildings ; And precautions during the construction and repair of sewers, streets, and houses ; And the section with respect to the prevention of nuisances, numbered 104 ; And the sections with respect to the prevention of smoke ; And the sections with respect to the construction of houses for prevention of fire ; And the sections with respect to supplying buildings with fresh air, numbered 110 and 111 ; And clocks ; And so much of the sections with respect to things to be done by the Commissioners by special order only, as relate to baths and wash-houses, except so much of the said last-mentioned sections as requires any special order in respect of the matters contained therein ; And the sections of the Markets and Fairs Clauses Act, 1847, with respect to the construction of the market or fair and the works connected therewith, except so much thereof as relates to lands taken compulsorily ; And the holding of the market or fair, and the protection thereof : And slaughter-houses ; And with respect to weighing goods and carts ; And stallages, rents, and tolls ; And byelaws ; Shall be incorporated with so much of the said Local Act as remains unrepealed by this Order, and with tlie said Public Health Act, as applied to the said Town by this Order, and any Act of Parliament confirming the same ; and the expression " The Special Act," used in the said sections, shall be con- 164 16 Vict. The Public Health Supplemental ch. r.riv. Act, 1853 (No. 1). Schedule. strued to mean the unrepealed part of the said Local Act, and the said Public Health Act so applied ; and the expression " Limits of the Special Act," used in the same sections, shall be construed to mean the District constituted by this Order ; and the expression "the Commissioners," used in the said sections, shall mean the said Local Board. 18. — The said Local Board may exercise with regard to horses, mules, or asses let for hire tlie same powers as to the licensing of the owners, drivers, or persons attending upon the same, and as to their regulation, and for imposing penalties upon such persons as they are empowered to exercise in the case of hackney carriages and the drivers thereof. 19. — Provided always, that this Order, and the repeal of the parts of the said local Act mentioned in the Schedule thereto shall not prejudicially affect anything done under that Act l:)efore the passing of any Act of Parliament confirming this Order, but notwithstanding this Order and the Schedule thereto, all such things shall be as valid, with reference to the said Local Board of Health, as if the same had been done with reference to that Board, and may be dealt with in the same manner in all respects as if they related to that Board instead of such Commissioners. 20. — Provided also, that this Order, and the repeal of the parts of the said Local Act mentioned in the Schedule thereto, shall be without prejudice to any penalties incurred under that Act, but all such penalties may be recovered by the said Local Board of Health, according to the provisions of this Order. Given under our Hands and under the Seal of the General Board of Health, this Ninth day of November in the year of our Lord One thousand eight hundred and fifty-two, ^~\ (Signed) Shaftesbury, T-'S. ) Edwin Chadwick. Ky T. SouTHWooD Smith. SCHEDULE to wbicli this Order refers. The parts of the Local Act referred to in this Order to be repealed are as follows ; that is to say : — The sections numbered respectively in the copies of the said Act printed by the Queen's Printers, 1 to 5, 7 to 16, all inclusive ; 18 to 62, 64 to 68, 70 to 83, 90 to 117, 119 to 141, 143 to 152, 157 to 165, 172 to 181, 183 to 186, 189 to 191, and 199 to 235, all inclusive ; so much of 236 and 237 as relates to drivers of hackney carriages; 238, 239, so much of 240, 242, and 243 as relates to drivers of hackney carriages ; 241, 244, 245, except so much as provides for the regulation of loads, rates, fares, and prices of errand, message, or luggage porters, and their behaviour and conduct, and the punishment of the same ; 247 to 250, 252 to 255, 258 to 277, 281 to 292, 295 to 299, 301 to 323, all inclusive, 325, 326 and 328. And so much of any unrepealed part of tlie said Act as fixes the amount of any penalty for any offence under the said Act, wherever the penalty for such offence is fixed by the Public Health Act, or any Act hereby incorporated therewith, or liy any Byelaw of the Local Board of Health, at an amount other than that "fixed by the said Local Act, 21 & '22 Vict. Session 1858. ch. Iriii. 165 THE WALLASEY IMPROVEMENT ACT, 1858. {21 and 22 Vict. ch. 63.) AEEANGEMENT OF SECTIONS. Preamble. section. Commencement of Act ... ... ... ... ... ••• 1 Short titles of the Wallasey Improvement Act, 1845, and of this x\ct ... ... , ... ... ... ••• 2 Limits of Act ... ... ... ... . . ... . • • 3 Act to be executed by Local Board ... ... ... ... 4 8 and 9 Vict. ch. 18, and parts of 10 and 11 Vict. chs. 15 and 17 incorporated .. ... ... ... ... ... 5 Same meanings to words in Incorporated Acts as this Act ... 6 Power to construct Waterworks according to deposited plans.. 7 Powers for compulsory purchases limited ... ... .•• 8 Period for completion of Waterworks ... ... ... ... 9 Lands of Mersey Docks and Harbour Board, not to be taken without consent ... ... ... ... ... ... 10 Rates at which water is to be supplied for domestic purposes. 11 Local Board not to be bound to supply water unless apparatus approved by them ... ... ... ... ... ... 12 Supply of water for domestic purposes ... ... ... 13 Rates for waterclosets and baths ... ... ... 14 Supply of water for other than domestic purposes ... ... 15 Penalty for using watci' for other than domestic purposes, kc, without agreement ... ... ... ... . . ... ifi Power to construct Gasworks ... ... ... ■•• 17 Gas to be consumed by meter on request ... ... ... 18 Penalty for tampering with meters .. ... ... ••• l!* Local Board may remove pipes from unoccupied premises on giving notice to owner ... ... ... ... ... 20 Penalties not cumulative... ... .. .. ... ■•■ 21 Maximum price of gas ... ... ... ... ... ... 22 Quality of gas ... ... ... ... ... ... 23 Local Board to erect a meter to test purity of gas ... ... 24 166 21&22yict. The Wallasey Improvement ch. Ixiii. Act, 1858. SECTION. Power to Justices on requisition to authorise testing of gas ... 25 Cost of experiment to be paid according to the event... ... 26 Power to levy Wallasey Waterworks Bate . . ... ... 27 Monies received from Water Rents, &c., to be carried to Waterworks Account ... ... ... ... ... 28 Power to levy Wallasey Lighting Rate... ... ... ... 29 Monies received from Gas Rents, &c., to be carried to Lighting Account ... ... ... ... ... 30 Rates may be levied on separate districts ... ... ... 31 Rates for more or less than a year ... ... ... ... 32 Water and Lighting Rate, how to be made and recovered .. 33 Extending provisions of 11 and 12 Vict. ch. 63, as to composi- tions for and recovery of Rates, &c. ... ... ... 34 Act not to alter or affect the question of rating the docks, &c. 35 Power to lease or purchase New Brighton Ferry as well as other ferries ... ... ... . . ... ... 86 Power to provide steam-boats, &c. ... ... ... ... 37 Local Board to negotiate for lease or purchase of existing ferries before acquiring or establishing any new Ferry . . 38 Power to Local Board to levy Tolls for use of Ferries, &c. ... 39 Tolls to be charged equally ... ... ... ... ... 40 Ferries to be free on payment of Tolls .. . ... ... ... 41 Taking and recovery of Tolls ... ... .. ... ... 42 Disputes as to the amount of Tolls chargeable ... . . , 43 Differences as to weights ... ... ... ... ... ... 44 Local Board to provide Weighing Machines, Weights, &c. ... 45 Penalty on Passengers practising frauds on the Local Board.. 46 List of Tolls to be printed and exhibited ... .. ... 47 Tolls to be taken only while list exhibited ... . . ... 48 Penalties on Toll Collectors ... ... ... ... ... 49 Toll Collector to be liable for wrong detention of goods ... 50 Local Board to regulate the use of Ferries ... ... ... 51 Bye-laws may be repealed or altered from time to time ... 52 Bye-laws may be enforced by imposition of Penalties ... 53 No Bye-laws to come into operation until allowed in the manner prescribed ... . . ... ... ... ... 54 Notice of allowance of Bye-laws to be given in one or more Newspapers, &c. ... ... ... ... ... .. 55 A copy of proposed Bye-laws to be open for inspection . . 56 Publication of Bye-laws... ... ... ... 57 Bye-laws to be binding on all Parties 58 Proof of publication of Bye-laws ... .. ... ... 59 Power to borrow on Mortgage for purposes herein named — Waterworks, Gas, Ferries ... ... ... ... ... 60 21 & 22 Vict. The Walla^eij Iiiiprovemeiit ch. Lciii. Act', 1858. SECTION. Provisions of 11 & 12 Vict., c. 63, to apply to Mortgages under this Act 61 Saving priority of existing Mortgages and future Mortgages under 11 & 12 Vict., c. 63 62 Application of Monies borrowed on Wallasey Waterworks Account, &c. . . ... ... ... ... ... ... 63 Application of Monies borrowed on Wallasey Lighting Account, &c. ... ... ... ... ... ... ... 64 Application of Wallasey Waterworks Account ... . . 65 Application of Wallasey Lighting Account ... ... . . 66 Application of Wallasey Ferries Account ... ... ... 67 Lands empowered to be sold by sec. 84 of 8 & 9 Vict., ch. vi., may be either sold, let or exchanged, 49 Geo. 3, ch. 103... 68 Eepealed 69 to 79 Local Board may agree to execute Works at expense of Ow-ners 80 Proof of debts in Bankruptcy .. ... ... ... ... 81 Authentication of Notices ... ... .,. ... ... 82 Interest in Contract or Liability to Eates not to disqualify Justices ... ... ... ... ... ... 83 Recovery of Penalties ... ... ... ... ... ... 84 Application of Penalties... ... ... ... ... ... 85 Saving rights of Birkenhead and Claughton Gas and Water Company ... ... ... ... ... ... ... 86 Saving Rights of Local Board ... ... ... ... ... 87 Expenses of Act ... ... ... .. ... ... .. 88 167 168 21 & 22 Vict. The Walla.seij Improvement cli. Ixiii. Act, 1858. AN ACT for enabling the Local Board of Health for the District of Wallasey to construct Works and supply their District with Water and G-as ; for enlarging their Powers with respect to the Acquisition and Mainte- nance of Ferries ; and for other Purposes. 28th June, 1858. 8 & 9 Vict. WHEEEAS the x\ct of the eighth and ninth years of Her present ch. vi. Majesty, chapter six (local), was passed for paving, lighting, watching, cleansing, and otherwise improving the Parish of Wallasey in the County of Chester, and for establishing a Police and also a Market within the said Parish, and for other purposes, whereby commissioners were appointed for carrying the said Act into execution : and whereas by " The Public Health Supplemental Act, 1853, No. 1," and the Provisional Order relating to Wallasey, set forth in the Schedule thereto, certain of the powers of the first-recited Act were repealed, and the powers thereof remaining unrepealed were transferred to and vested in the Local Board of Health for the District of Wallasey (herein-after called " The Local Board "), who were thereby appointed the commissioners for executing the unrepealed parts of the said first-recited Act : And whereas it is expedient that powers should be conferred on the Local Board for supplying the District of Wallasey with water and gas, and that they should be empowered to construct Waterworks and Gasworks, and to levy additional rates for such purposes : And whereas it is expedient that the powers granted by the first-recited Act for the taking on lease or purchase of Ferries within the said District, and the Wharfs, Landing Places, and conveniences connected therewith, and for providing, purchasing, and maintaining steam and other boats, materials, and things, and other- wise in relation to the working of any such Ferry, should be extended and enlarged, and that the Local Board should be empowered more efficiently to exercise these powers : And whereas the provisions of the said '" Public Health Act, 1848," as applied to the said District of Wallasey, are as regards the construction and regulation of buildings and in other respects insufficient, and it is expedient to make other provisions in regard thereto : And w^hereas the purposes aforesaid cannot be effected without the authority of Parliament : May it therefore please Your Majesty that it may be enacted; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same, as follows ; (that is to say,) 2\&22Vict. The Wallasey Imj_)rovement ch. Ixiii. 169 Act, 1858. Sec. 1—7 1. This Act shall commence and have effect on and from the first Commence- Thursday next after the passing thereof. iiient of Act. 2. In citing the first-recited Act for any purpose it shall be Shoi-t Titles sufficient to use the expression "The Wallasey Improvement Act, .,^^"^^"'^"®" 1845," and in citing this Act for any purpose it shall be sufficient to a_^(j ^j^jg ^^^ use the expression " The Wallasey Improvement Act, 1858." 3. This Act shall apply to the area comprised within the juris- Limits of diction of the Local Board, as defined by " The Public Health -■^^t. Supplemental Act, 1853, No. 1," and the provisional order relating to Wallasey set forth in the Schedule thereto. 4. This Act shall be executed by the Local Board according to Act to be the powers and provisions of "The Public Health Act, 1848," and executed by of the several acts supj)lemental thereto, or otherwise relating to the °^^ °^'' ' public health, and from time to time in force within the limits of this Act. 5. " The Lands Clauses Consolidation Act, 1845," " The Water- 8 & 9 Vict, works Clauses Act, 1847," (except the Sections of the last-mentioned ch. 18 and Act "with respect to the amount of profit to l)e received by the P^':*'^^.^ |^ " undertakers when the waterworks are carried on for their benefit," 1;^ i^_l^ ' and " with respect to the yearly receipt and expenditure of the Under- incorporated. " takers," and which are numbered from 75 to 83, inclusive of both Numbers,) and " The Gasworks Clauses Act, 1847," (except the Sections of the last-mentioned Act " with respect to the amount of " profit to be received by the undertakers when the gasworks are " carried on for their lienefit," and " with respect to the yearly receipt " and expenditure of the undertakers," and which are numbered from 30 to 38, inclusive of both numbers,) shall be incorporated with and form part of this Act, except so far as the clauses and provisions of such Acts respectively are excepted or varied by this Act ; and in construing those Acts in connexion with this Act the expression " the undertakers" and "the promoters of the undertaking " shall mean the Local Board. 6. The several words and expressions to which by the Acts wholly Same meau- or partially incorporated witli this Act meanings are respectively !"S« to words assigned shall have in this Act the same respective meanings, unless |.atcT*\cts as there be in the subject or context something repugnant to or iucon- this Act. sistent with such construction. 7. And whereas plans showing tlic line or situation of the water- Power to works intended to be constructed, and the lands proposed to be ^°"^^''"'^^ purchased or taken under the powers of this Act for the purposes of acxoi-dine to the pro]-)osed waterworks and gas woi'ks, and also a book of i-eference deposited to such plans and sections, showing the levels of the proposed water- plant,, works, have been deposited with the Clerk of the Peace for the County of Chester : Therefore, suliject to the pi'ovisions in this Act, and in the Acts and parts of Acts incorporated herewith contained, the Local Board may make and maintain the said waterworks in the situation according to the levels and upon the lands delineated on the said plans and described in the said book of reference, and may enter upon, take, and use all or any of the said lands for the purposes of this Act. 170 Sec. 8—14 Powers foi" compulsory purchases limited. Period for completion of waterworks. 21 & 22 Vict. The Wallasey Improvement Act, 1858. ch. I cut. Lands of Jlersey Docks and Harbour Board not to be taken without con- sent. Rates at which water is to be supplied for domestic purposes. Local Board not to be bound to supply water unless appar- atus approved by them. Supply of water for domestic purposes. Rates for waterclosets and Baths. 8. The powers of the Local Board for the coniptilsory purchase of lands for the purposes of this Act shall not be exercised after the expiration of three years from the commencement of this Act. 9- The works by this Act authorised to be constructed for the supply of water, and shown on the deposited plans, shall be completed within five years from the commencement of this Act, and on the expiration of that period the powers of this Act granted to the Local Board for making those works, or otherwise in relation thereto, shall cease to be exercised except as to so much thereof as is then com- pleted. 10. Nothing in this Act contained shall authorize or empower the Local Board to enter upon, take, or use any of the lands belonging to the Mersey Docks and Harbour Board without the consent of such Board. 11. The Local Board shall from time to time, at the request of the owner or occupier of any house or part of a house in any street in which any pipe of the Local Board is within the distance of keenly yards from such house, or of any person who, under the provisions of this Act or " The Public Health Act, 1848," is entitled to demand a supply of water for domestic purposes, furnish to such owner or occupier or other person a sufficient supply of water for domestic purposes, for the annual rents hereinafter specified ; (that is to say,) [The remainder of this section which prescrilied the rents at which the Local Board should supply water for domestic pur- poses is repealed by the Wallasey Improvement Act, 1864, s. 18, " In lieu thereof the Local Board may demand for a supply of water for domestic purposes an annual rent not exceeding six pounds per centum on the annual value of the house in respect of which such supply of water is afforded." — Vide Wallasey Improvement Act, 1864, s. 18.] 12. The Local Board shall not be bound to supply any water- closet, or the apparatus, cisterns, or pipes connected therewith, or any water for domestic purposes, unless the cisterns, pipes, and cocks necessary for such supply shall be constructed in manner approved by the Local Board. 13. A supply of water for domestic purposes shall in every case include a supply for private baths and waterclosets, not exceeding one bath and one watercloset, but shall not in any case include a supply for cattle or for horses, or for washing carriages, where such horses or carriages are kept for hire, or are the property of any dealer, or for any hotel, tavern, trade, manufacture, or business whatsoever, or for watering gardens, or for fountains, or for any ornamental purpose. [Vide W^aterworks Clauses Act, 1863, s.l2, incorporated with the Wallasey Improvement Act, 1864, s. 3.] 14. Ill addition to the rents for the supply for domestic purposes, the Local Board may demand and receive for every watercloset in any house (beyond the first) any yearly sum not exceeding four shillings ; and for every bath (beyond the first) any yearly sum not exceeding eight shillings. 21 & 22 Vict. TJie Wallaaey Improveine)it ch. Lriii. 171 Act, 1858. Sec. 15 -20 15. The Local Board may use water for any public purpose, and Supply of may supply any person with water for other than domestic purposes, water foi- for such remuneration and upon such terms and conditions as may ^omestic^" be agreed upon between the Local Board and such person. purposes. 16- Every person using for other than domestic purposes any Penalty for water supplied by the Local Board, and not having previously agreed using water with the Local Board for a supply for such other purpose, and every forotherthan person having agreed with the Local Board for a supply of water for l^^-po^ggg g^^ any other than domestic purposes, and using for any purposes other without ' than the purposes so agreed foi- the water so supplied by the Local agreement. Board, shall respectively for every such offence forfeit and pay to the Local Board any sum not exceeding five pounds. 17. Subject to the provisions contained in this Act and the Acts Power to and parts of Acts incorporated herewith, the Local Board may from construct time to time construct and maintain upon all or any part of the lands S^sworks. numbered respectively 1, 2, 3, 4, 5, 6, 7, and 8 on the deposited plans but upon no other lands within the limits of this Act, gasworks, apparatus, and buildings, with approaches thereto, and may do all such other acts as they shall think necessary for manufacturing gas and supplying the inhabitants and lighting the streets within the limits of this Act ; and the Local Board may supply such gas to such inhabitants upon such terms as shall be agreed upon between the Local Board and the persons supplied therewith, and may sell and dispose of the coke and other residuum arising from the materials used in the manufacture of gas, in such manner as the Local Board may think proper. [The powers and provisions contained in sects. 17 to 26 of this Act apply also to the gasworks authorised by The Wallasey Improvement Act, 1867 — Vide sec. 9 of that Act.] 18. Every consumer of gas supplied by the Local Board shall, Gas to be on request in writing by the Local Board, consume the gas supplied consumed by to him by meter, and all such meters and all service pipes shall be i-gquggt provided by the Local Board at the expense of the consumer, or (at the option of the consumer) by the consumer and approved by the Local Board, and shall in each case be maintained to the satisfaction of the Local Boai'd, and may from time to time be examined and tested by them. 19. Every person w^ho shall knowingly and wilfully prevent any Penalty for meter from duly legistcring the quantity of gas supplied shall for tampering every such offence forfeit and pay to the Local Board any sum not ^it-h nieters. exceeding live pounds ; and the existence of artificial means for causing such prevention shall, where such meter shall be under the custody or control of the consumer, he ijriDid facie evidence that the same has been knowingly and wilfully caused by the consumer using such meter. 20. In all cases in which the Local Board are by " The Gas- Local Board works Glauses Act, 1847," incorporated with this Act, authorized to may remove cutoff and take away the supply of gas from any house, building, or ^^jj^^f^Jp^^^l premises, then, if such house, building, or premises, be unoccupied, premises, on the Local Board, their agents, servants, or workmen, after giving giving notice twenty-four hours previous notice to the owner, by serving the notice ^° owner. 172 Sec. 21 21 & 22 Vict. The Wallasey Improvement Act, 1858. cli. Ixiii. -23 on him, or if the owner be not known to the Local Board by affixing the same for three days on some conspicuous part of such house, building, or premises, may enter into such Imilding or premises between the hours of nine in the forenoon and four in the afternoon, and remove and carry away any pipe, meter, or fittings, or other works, the property of the Local Board. Penalties not 21. Penalties imposed on the Local Board for one and the same cumulative, offence by several Acts of Parliament shall not be cumulative, and for this purpose this Act and the Acts incorporated therewith shall be deemed several Acts, ]\Iaximum price of gas. Quality of gas. Local Board to erect a 22. The maximum price at which gas shall be sold by the Local Board to all persons who shall burn the same by meter shall not exceed six shillings per thousand cubic feet. [The Wallasey Improvement x\ct, 1867, s. 13, altered the maximum price of gas to five shillings and sixpence per thousand cubic feet.] 23. All the gas supplied by the Local Board shall be of such quality as to produce, from an Argand burner having fifteen holes and a seven inch chimney, or other approved burner and chimney, and consuming five cubic feet of gas per hour, a light equal in intensity to the light produced by *ten sperm candles of six in the pound burning one hundred and twenty grains per hour. ["^'Altered to fourteen by The Wallasey Improvement Act, 1867, s. 14.] 24. The Local Boaid shall within six months after they shall have commenced to supply gas under the provisions of this Act, cause meter to test ^^ ^^ erected in some convenient part of their works an experimental ° ^' meter, furnished with an Argand fifteen hole burner and a yeven inch chimney, or other approved burner and chimney capable of consu- micg five cubic feet of gas per hour, with other necessary apparatus for testing the illuminating power of gas. 25. It shall at any time be lawful for any two Justices of the Peace for the County of Chester not being members or officers of the Local Board, nor directors, shareholders, or officers of any company supplying gas within the district, on receiving a requisition signed by not less than five consumers of the gas supplied hy the Local Board, complaining that the gas supplied to them is not in their judgment and belief of the full illuminating power prescribed in this Act, if they shall think fit by order in writing under their hands, to appoint some competent person to proceed to the works of the Local Board, and the person so appointed, on giving six hours previous notice in writing to the Local Board may at any reasonable hour in the daytime, on producing the said order, enter on the premises of the Local Board, and in the presence of the superintendent or other officer of the Local Board, make experiment of the illuminating power of the gas of the Local Board, by means of the experimental meter and other apparatus before mentioned ; and the Local Board and their officers shall afford all reasonable facilities and assistance for making such experiment; and if it shall thereupon be proved to the satisfaction of the said two justices, after hearing the parties, that the illuminating power of the gas supplied by the Local Board did not, when so tested Power to Justices on requisition to authorize testing of gas. 21 & 22 Viet. Tlie Wallasey Improvement cli.lxiii. 173 Act, 1858. as aforesaid, equal the illuminating power by this Act prescribed, or Sec. 26 — 31 that the Local Board or their officers refused to afford such reasonable facilities as aforesaid, or hindered or prevented the making of such experiment, in any such case the Local Board shall forfeit such sum, not exceeding twenty pounds, as the said justices shall determme. [Vide The Wallasey Improvement Act, 1867, s. 14.] 26. The costs of and attending such experiment, including tlie Cost of remuneration to be paid to the person making the same and the costs experiment of the proceedings before i^he justices, shall be ascertained by such to be paid justices, and in the event of any penalty being imposed on the Local jj^g event Boaid shall be paid, together with such penalty, by the Local Board ; but in the event of the gas being found, when tested, to be of not less illuminating power than is by this Act prescribed, such costs shall be awarded to be paid to the Local Board by the body or persons making such requisition as aforesaid, as the case may be, and shall be paid or levied accordingly. [Vide The Wallasey Improvement Act, 1867, s. 14.] 27. The Local Board may from time to time make and levy a power to levy rate, to be called " The Wallasey Waterwoi'ks Rate," of such amount Wallasey as they from time to time think fit, not exceeding in any year one Waterworks shilling and tlireepence in the pound of the net annual value of the ''®' property included in such rate ; and the monies arising therefrom shall be carried to an account to be called "The Wallasey Water- works Account." 28. All monies which shall come to the hands of the Local Monies Boaixl from rents or payments made to them in respect of water received from supplied by them, or from any other source whatever connected with ''J^^^^. ^■^"'''^' or relating to the Waterworks, or from any penalties recovered under carried to the clauses of "The Waterworks Clauses Act, 1847," incorporated Waterworks herewith, shall fall into and form part of the Wallasev Water- Account. works Account, and shall be applicable as part thereof. 29. The Local Board may from time to time make and levy a rate Power to levy to be called " The Wallasey Lighting Rate," of such amount as they Wallasey from time to time think fit, not exceeding in any year ninepence in {^^^^^*"'° the pound of the net annual value of the property included in such rate ; and the monies arising therefrom shall be carried to an account to be called "The Wallasey Lighting Account." 30. All monies which shall come to the hands of the Local Monies Board in respect of gas supplied by them, or of coke or other ''eceived from residuum disposed of by them, and in respect of any penalties ^Q^g^^jl^^^^'^^"' recovered under the clauses of "The Gasworks Clauses Act, 1847," to Lighting incorporated herewith, shall fall into and form part of the Wallasey Account. Lighting Account, and shall be applical:)le as part thereof. 31. The Local Board may (if they think fit) order the Wallasey Rates may be Waterworks Rate and the Wallasey Lighting Rate, or either of them, levied on" to be le\'ied by assessments to be made for separate and distinct ^^eparate districts, and may fix and determine such separate and distinct *^ "^ ^" districts, and may from time to time vary such districts : provided always, that the Wallasey Waterworks Rate and the Wallasey Lighting Rate, as the case may be, shall not be levied within any 174 21 & 22 Vict. The Wallasey Improvement Act, 1858. cli. Ixiii. Sec. 32 Water and lighting Eate how to be made and recovered . -36 part of the limits of this Act which shall not have been declared either a separate or distinct district, or be included in some district for water or lighting purposes under this Act ; and the Local Board shall, subject to the provisions of this Act, supply water or gas (as the case may be) to all parts within the limits of this Act which shall be declared a separate and distinct district, or be included in some other district, as herein-before provided. Rates for 32. Any rate made under the authority of this Act may be made more or less in respect of a period shorter or longer than a year, but not so as to than a year, increase the total amount payable in or for any year in respect of any rate. 33, "The Wallasey Waterworks Eate," and "The Wallasey Lighting Eate," may be made upon the occupiers of all property within the limits of this Act, of whatever value, liable to be assessed under " The Pubhc Health Act, 1848," and this Act, and may be assessed, levied, and recovered in the same manner as the special and general district rates are by that Act authorised to be levied and recovered ; and such rates respectively shall from time to time be collected and paid in advance by yearly, half-yearly or quarterly payments as the Local Board shall think proper ; and every such rate may be made and levied, either prospectively, in order to raise money for the payment of future expenses, or retrospectively, in order to raise money for the payment of expenses already incurred, or such rates may, at the option of tlie Board, be partly prospective and partly retrospective. 34. The provisions of "The Public Health Act, 1848," with respect to compositions for rates upon tenements under the annual value of ten pounds, and all the provisions of the same Act for the recovery of rates thereby authorized to be levied, and with respect to appeals against rates, shall extend and apply to and maybe enforced with regard to all wat^-r rates and lighting rates made under the powers of this Act. [The Public Health Act, 1848, was repealed by the Public Health Act, 1875. As to substituted provisions, vide sec. 313 of the latter Act (38 and 39 Vict. c. 55).] Act not to 35. Nothing in this Act contained shall alter or affect the alter or affect question of the liability of any of the docks or works for the time the question jjeing vested in the Mersey Docks and Harbour Board to the rates dockr&c*^^^*^ authorised to be levied under or by virtue of this Act, or to any other °'^ ^' °' parochial or local rates, but the same shall in all respects be judged of and determined as if this Act had not been passed. Power to 36. Subject to the provisions of the first-recited Act and this lease or Act contained, it shall be lawful for the Local Board to hire and take purchase q^ lease, for any term not exceeding twenty-one years, and if thought Brighton expedient, to purchase and take absolutely by agreement with the FeiTy a" well several parties interested therein, but not otherwise, and to hold and as other use the ferry called "New Brighton Ferry," as well as the two ferries; ferries respectively called " Seacombe Ferry" and " Egremont Ferry," or any or either of them, and any other ferry which may hereinafter be estabhshed within the townships of Poulton-cum- Seacombe and Liscard, or either of them, with the wharfs, landing Extending provisions of 11 & 12 Vict, ch. 63 as to compositions for and recov- ery of rates, &c. 21 ci^ 22 Vict. The Wallaseij Improvement ch. Iviii. 175 Act,' 1858. places, and conveniences connected therewifcli, or such of them or Sec. 37 — 38 such parts thereof as the Local Board may think proper ; and it shall be lawful for all persons interested in the said ferry called "New Brighton Ferry, " including such persons as would be capacitated to sell lands under the provisions of " The Lauds Clauses Consolidation Act, 1845," to contract for a lease or the sale of, and to demise or sell and convey their respective interests in, such last mentioned ferry to the Local Board : provided always, that in case of a lease granted by any party under any disability or incapacity the rent to be reserved in such lease shall not be less than that which shall be certified by a surveyor, to be appointed by two Justices of the Peace for the County of Chester, to be a sufficient consideration for or in respect of the premises demised by any such lease. 37. The Local Boai'd may from time to time hire and charter, and provide as well as provide, purchase, and maintaia, such steam and other 1*^^™ boats, boats, materials, and things, and employ and I'ecompense such persons as shall be necessary for tlie proper and efficient working of any such ferry as shall be so hired or purchased by the Local Board under the provisions of the first-recited Act or this Act. [This is an extension of the powers conferred by sec. 87 of the Wallasey Improvement Act, 1845.] 38. And whereas William Rushton Coulborn and Edward Local Board Warburton Coulborn of New Brighton in the County of Chester are ^o negotiate or claim to be lessees of the ferries known respectively as Seacombe °\ ^^^^ °\ Perry, Egremont Perry, and New Brighton Perry, all within the existino district of tlie Local Board, and it is just and expedient, and has been Fenies before agreed between the said William Rushton Coulborn and Edward acquiring or Warburton Coulborn and tbesaid Local Board that provision should establishing be made as follows, as well for protecting the said William Rushton penv Coulborn and Edward Warl)urton Coulborn from injury by reason of the exercise of the powers of the before-recited Acts or this Act in relation to the acquisition of feiries by the Local Board as for facilitating the acquisition of such ferries by the Local Board : There- fore it shall not be lawful for the Local Board to contract or negotiate for the lease or purchase of any ferry, or to do any act to establish any new ferry within the townships of Poulton-cum- Seacombe and Liscard, or either of them, until they shall have given notice in writing under the hand of their clerk, delivered to or at the place of abode of the said William Rushtcm Coulborn and Edward Warburton Coulborn, or the persons in whom their interest in the said ferries may for the time being be vested (and which said William Rushton Coulborn and Edward Warburion Coulborn and such persons afore- said are hereinafter designated by the term "the Lessees"^, requiring the lessees to signify in writing, within three months from the delivery as aforesaid of such notice, whether oi- not they tlie lessees are willing to treat with the Local Board for a lease of, or (as the case may he) for the sale of their interest in the said Seacoml)e Ferry Egremont Perry and New Brighton Ferry ; and if the lessees shall, within three months after the delivery of such notice, signify in writing, delivered at the office of the Local Board, or to the clerk or one of the meml)ers of the Local Board, their willingness to grant a lease of or (as the case may be) to sell their intei'est in the said ferries, then the Local Board shall be bound to take a lease of or 176 21 & 22 Vict. The Wallasey Improvement Act, 1858 ch. Ixiii. Sec. 39— 41 (as the case may be) to purchase the interest of the lessees in the said ferries, and in such case the rent to be reserved in, or other consideration to be paid for any such lease, or the consideration to be paid for any such purchase, and the terms and conditions of such lease or purchase, (as the case may be), shall in case the parties differ about the same, be settled by arbitration under and in the manner provided by the clauses of " The Lands Clauses Consolidation Act, 1845," numbered respectively 25 to 37, l)otli inclusive : provided always, that if the lessees shall neglect or omit, for the space of three months after the delivery to them of such notice as aforesaid, to signify their willingness to grant a lease of or (as the case may be) to sell their interest in the said Ferries, then the restriction imposed on the Local Board by this section against negotiating or contracting for the lease or purchase of any other Ferry, or from doing any act for establishing a new Ferry in the said Townships or either of them, shall be null and void : provided also that if the lessees and the Local Board hereafter determine to grant and accept a lease or make a sale and purchase of one or two only of the said three Ferries instead of all the said three Ferries, it shall be lawful for them so to do by mutual agreement entered into between them ; and in that case the rent or consideration and terms and conditions applicable to such lease or purchase of the said one or two of the said three Ferries shall (in case the parties differ about the same) be settled in the same manner as herein-before provided, applicable to the lease or purchase of the said three Ferries ; and when the said lease or purchase of the said one or two of the said three Ferries shall have been carried into effect, the Local Board shall thenceforth stand discharged from liability to lease or purchase the other or others of the said three Ferries, as well as from the restriction imposed by this section against leasing or purchasing or establishing any other Feriy as aforesaid. to levy tolls for use of ferries, &c Power to 39. The Local Board may demand and receive for the use of any Local Board Ferry purchased or leased by them, and the conveyance of passengers, <-„ i„,„. .^11.. ^^^^^g^ ^^-^^ goods in any steam or other boat purchased, hired, chartered, or provided by them under the authority of the first-recited Act or this Act, any tolls (in this Act called "Ferry Tolls") not exceeding the sums mentioned in the Schedule to this Act ; and the monies arising therefrom shall be carried to an account to be called " The Wallasey Ferries Account." [Vide The Wallasey Improvement Act, 1867, sec. 19, Tolls after January 1, 1868, The Wallasey Improvement Act, 1867, sec. 20 and sched. C] Tolls to be 40. The Ferry tolls shall be at all times charged equally to all charged persons and after the same rate in respect of all passengers and equally. goods, animals, or carriages of a like description conveyed under the like circumstances ; and no reduction or advance in any such tolls shall be made either directly or indirectly in favour of or against any particular company or person using the said Ferry. [Vide The Wallasey Improvement Act, 1864, sec. 16, and The Wallasey Improvement Act, 1867, sec. 21.] Ferries to be 4J_ Thg Local Board shall not at any time demand or take a ^^a^ment of gi^^eater ferry toll, or make any greater charge for ferryage, than the folir"^ ° amounts specified in the schedule to this Act ; and upon payment of 21 & 22 Vict. The Wallasey Improvement ch. Ixiii. 177 Act, 1858. Sec. 42— 44 the tolls from time to time demandable, all persons shall be entitled to use the ferry in respect of which such toll is demandable, subject nevertheless to the regulations to be from time to time made by the Local Board by virtue of the powers in that behalf herein conferred upon them, 42. Such Perry tolls shall be paid to such persons and at such Taking and places upon or near to the Perry, in respect of which the same are recovery of demandable, and in such manner and under such regulations as the tolls. Local Board shall by notice, to be annexed to the account or list of tolls appoint ; and if, on demand, any person fail to pay the tolls due in respect of any goods, it shall be lawful for the collector to detain and sell all or any part of such goods, and out of the monies thence arising to retain the toll payable in respect of such goods, and all charges and expenses of such detention and sale ; and such collec- tor shall upon demand, render the overplus, if any, of the monies arising by such sale, and such of the goods as shall remain unsold, to the persons entitled thereto ; and if such goods happen to be removed before the tolls payable in respect of the same be paid, then the Local Board may recover such tolls in a summary manner before a Justice or by action at law in any court of competent jurisdiction. [Incox'porated with The Wallasey Improvement Act, 1867, by sec. 23 of that Act.] 43. If any Dispute arise concerning the amount of the Perry Disputes as Tolls due to the Local Board, or concerning the charges occasioned to the by any distress levied with reference thereto, the collector or person anaount of distraining may detain the goods distrained, or (if the case so require) XaI ^ ^^^'^' the proceeds of the sale thereof, until the amount of the tolls due, or until such tolls and the amount of the costs of such distress have been ascertained by some justice ; and upon application made to any such justice for that purpose, he shall examine the matter upon oath of the parties or witnesses, and determine the amount of the tolls due, and also the amount of the costs ; and it shall be lawful for such justice to award such costs to be paid by either of the parties to the other of them as he shall think reasonable ; and if, on demand thereof, such costs be not paid by the party ordered to pay the same, they shall be levied by distress, and such justice shall issue his warrant accordingly. [Incorporated with The Wallasey Improvement x\ct, 1867, by sec. 23 of that Act.] 44. If any difference arise between any toll collector or other Differences officer or servant of the Local Board, and any owner of or person as to having the charge of any articles liable to Ferry tolls, I'especting the '^v^ig^^ts. weight, quantity, or nature of such articles, such collector or other officer may lawfully detain and examine, gauge, or otherwise measure all such articles conveyed thereby ; and if, upon such measuring, such articles appear to be of greater weight or quantity, or of other nature than shall have been stated in the account given thereof, then the person who shall have given such account, or the respective owners of such articles, as the case may be, shall pay the costs of such measuring ; but if such articles appear to be of the same or less weight or quantity than shall have been stated in such account, then the Local Board shall pay such costs, and they shall also pay to such owner of oi- person having charge of such articles such damage (if 178 21 & 22 Vict. The Wallasey Improvement Act, 1858. ch. Ixiii. Local Board to provide weighing machines, weights, &c. Penalty on passengers practising frauds on the Local Board. List of tolls to be printed and exhi- bited. Sec. 55 — 49 any) as shall appear to any justice, on a summary application to him for that purpose, to have arisen from such detention. [Incorporated with the Wallasey Improvement Act, 1867, by sec. 23 of that Act.] 45. The Local Board shall provide and maintain at each Ferry which may be leased or purchased by them weighing machines and weights and scales for weighing and measuring goods or articles liable to the Ferry tolls. 46. If any person shall knowingly and wilfully refuse or neglect to pay his Ferry toll when the same shall be payable by virtue of this Act, every such person shall for every such offence forfeit a sum not exceeding forty shillings. [This section is incorporated with the Wallasey Improvement Act, 1867, by sec. 23 of that Act. The powers conferred by this section are extended by sec. 26 of that Act and by sec. 15 of the Wallasey Improvement Act, 1872.] 47. A list of all the Ferry tolls from time to time appointed l)y the Local Board to he taken shall be published by the same being printed and exhibited in some conspicuous place on the toll gates or toll houses, or places where such tolls shall be payable, and also on some conspicuous part of the boats plying at the Ferry in respect of which such tolls are demanded. [Incorporated with the Wallasey Improvement Act, 1867, by sec. 23 of that Act.] 48- No Ferry tolls shall be demanded or taken by the Local Board for the use of any Ferry during any time at which the list of tolls hereinbefore directed to be exhibited in respect of such Ferry shall not be so exhibited ; and if any person wilfully pull down, deface, or destroy any such list of tolls he shall forfeit a sum not exceeding five pounds for every such ofTence. [Incorporated with the Wallasey Improvement Act, 1867, by sec. 23 of that Act.] 49. Every toll collector who shall commit any of the following offences shall forfeit a sum not exceeding ten pounds for each such offence ; (that is to say,) If he refuse to tell his Christian name and surname to any person demanding the same \y\\o shall have paid or tendered the tolls demanded of him, or if he give a false name to any such person : If he demand or take a greater or less toll from any person than he shall be authorized to do by virtue of this Act, and of the orders of the Local Board made in pursuance thereof : If, upon the legal toll being paid or tendered, he do unnecessarily detain or wilfully hinder any goods or any person from passing by the Ferry : If he make use of any scurrilous or abusive language to any passenger or to any person lawfully using the Ferry. [Incorporated with the Wallasey ^Improvement Act, 1867, by sec. 23 of that Act.] Tolls to be taken only while list exhibited. Penalties on toll collectors. 21 & 22 Vict. The Wallasey Improvement ch. Ixiii. 179 Act, 1858. Sec. 50— 53 50. If at any time it be made to appear to any justice that any Toll collector such detention and measuring of any goods as hereinbefore mentioned ^° ^^ liable was without reasonable ground, or that it was vexatious on the part fo'-' ■^^'|?"g of such collector or other officer, then the collector or other officer o-oods. shall himself pay the costs of such detention and measuring, and the damage occasioned thereby ; and in default of iunnediate payment of any such costs or damage, the same may be recovered by distress of the goods of such collector, and such justice shall issue his warrant accordingly. [Incorporated with the Wallasey Improvement Act, 1867, by sec. 23 of that Act.] 51. It shall be lawful for the Local Board from time to time, Local Board subject to the provisions and restrictions in this Act contained, to *° I'egulate make, in connexion with their Ferries or any of them, Byelaws for jig^j^.j!ies ° the following purposes ; (that is to say,) For regulating the times of the arrival and departure of boats using any such Ferry ; For regulating the embarking and discharging of passengers, and the loading and unloading of goods and carriages carried on board the iDoats using any such Ferry ; For regulating the delivery of goods and other things which are conveyed on board such boats ; For preventing the smoking of tobacco, and the commission of any other nuisance in or upon such boats, or in any of the premises occupied by the Local Board ; And generally for maintaining order and decorum on board the boats using any such Ferry, and for regulating the using or working of the Ferry and boats ; But no such byelaw shall authorise the closing of any Ferry at reason- able hours, except at any time when in consequence of the state of the weather, or from any other sufficient cause, it shall be necessary to suspend the working of the Ferry boats. 52. The Local Board may from time to time, as they shall think B3'elaw3 fit, repeal or alter any such l^yelaws: provided always, that such "^ay be ve- byelaws shall not be repugnant to the laws of England or to the '^ff'^^'^"/, provisions of this Act or of any Act incorporated therewith, and such j-jj-jjg ^.q ^jj^^ bj'elaws shall be in writing under tht; seal of tlie Local Board and the signatures of any five oi- more of their number, and if affecting other persons than the officers and servants of the Local Board shall be printed and published as herein provided. [This and the following sections up to antl inclusive of sec. 59 are applied to all bvolaws under the Wallasey Improvement Act, 1867, by sec. 29 of that Act.] 53. The Local Board, by tiie liyelaws so to be made by them, Byelaws may impose such reasonable penalties as they shall think fit, maybe not exceeding forty sliillings foi- each breach of such byelaws ; \^^°lll^^^{ ^^ provided that every sucli byelaw shall be so framed as to allow the penalties, justices before whom any penalty imposed thereby shall be sought to be recovered to order the whole O)- part only of such penalty to be paid. 180 21 & 22 Vict. T]ie Wallasey Improveme7it cli. Ixiii. Act, 1858. Sec. 54— 69 No byelaws 54. No byelaws made under the authority of this Act (except to come into gvich as may relate solely to the officers or servants of the Local °^tT*n" • d Bof*'^''"^) shall come into operation until the same shall have been in the manner allowed liy the Court of Quarter Sessions for the County of Chester, prescribed. and it shall be incumbent on the Justices at Quarter Sessions, on the request of the Local Board, to examine into the byelaws which may lie tendered to them for that purpose, and to allow of or disallow the same as to them may seem meet. Notice of 55. Provided always. That no such byelaw shall be allowed in allowance of manner herein mentioned unless notice of the intention to apply for byela\ys to be q,xi allowance of the same shall have been given in one or more orm"ren*ews- i^ewspapers of the County of Chester one month at least before the papers, &c. hearing of such application ; and any party aggrieved by any such byelaw, on giving notice of the nature of his objection to the Local Board ten days before the hearing of the application for the allow- ance thereof, may, by himself or his counsel, attorney or agent, be heard thereon, but not so as to allow more than one part}- to be heard upon the same matter of objection. A copy of 56. For one month at least before any such application for proposed allowance of any byelaw a copy of such proposed byelaws shall be o^ eiffor ^° ^^ ^^^^ ^^ ^^^® office of the Local Board, and shall be put up in some inspection. conspicuous part of every toll house or building at which the ferry tolls are payable, and all persons at all reasonable times may inspect such copy without fee or reward, and the Local Board shall furnish every person who shall apply for the same with a copy thereof, or of any part thereof, on payment of sixpence for every one hundred words so to be copied. Publication 57 _ The said byelaws shall be printed, and the Clerk of the of byelaws. Local Board shall give a printed copy thereof to every person applying for the same without charge, and a printed copy thereof shall be put up in some conspicuous part of the office of the Local Board and also in some conspicuous part of every toll house or building at which the Perry tolls are payable, and the same shall be renewed from time to time as occasion shall require, and shall be open to inspection without fee or reward ; and in case the said Clerk shall not permit the same to be inspected at all reasonable times he shall, for every such offence, be liable to a penalty not exceeding five pounds. Byelaws to be 58. AH byelaws made and confirmed according to the provisions binding on all of this Act, when so published and put up, shall be binding upon parties. .^-^^ j^g observed by all parties, and shall be a sufficient warrant for all persons acting under the same. Proof of 59- The production of a written or printed copy of the byelaws "^f'w^*i^*^°" requiring confirmation by the Court of Quarter Session, authenticated of byelaws. |^^, ^j^^ signature of the Chairman of the Court, who shall have approved of the same, and a written or printed copy of the byelaws not requiring such confirmation or approval, authenticated by the seal of the Local Board and the signatures of any five or more of their number, shall be evidence of the existence and making of such byelaws in all cases of prosecution, under the same, without proof of the signature of such Chairman or the seal or signature of the Local Board ; and with respect to the proof of the publication of 21&22Vict. The WaUasey Improvement ch. Ixiii. 181 Act, 1858. any such byelaws it shall be sufficient to prove that a printed copy Sec. 60 thereof was put up and continued in manner by this Act directed, and in case of its afterwards being disj)laced or damaged that the same was replaced or restored as soon as conveniently might be, unless proof be adduced by the party complained against that a printed copy of such byelaws was not duly put up or continued as directed by this Act. 60. Subject to the provisions contained in this Act and the Acts Power to and parts of Acts incorporated therewith, the Local Board may borrow on from time to time l)orro\v on mortgage any sums not exceeding the for ntrnose- respective amounts hereinafter mentioned ; (that is to say,) herein On mortgage of the " Wallasey Waterworks Account," and of ?y"? \ ., the waterworks for the time being vested in or lielonging to ' the Local Board, any sum not exceeding fifteen thousand pounds : On mortgage of the " Wallasey Lighting Account " and of the Gas. gasworks for the time i)eing vested in or lielonging to the Local Board, any sum not exceeding ten thousand pounds : On mortgage of the " Wallasey Ferries Account" and of the Ferries, ferries for the time being belonging to or leased by the Local Board, and the steam and other boats, materials, and things connected therewith, and also (as a collateral security) of the general district rate authorized by " The Public Health Act, 1848," to be made and levied, any sums of money not exceeding seventy-five thousand pounds necessary for enabling the Local Board to carry out the purposes of this Act with ■ reference to the acquisition of ferries and of steam and other boats in connexion therewith : Provided always, that the monies which the Local Board are expressly authorised to borrow under tins x\ct shall be in addition to the monies wliich they are authorised to borrow by " The Public Health Act, 1848," or any Act supplemental thereto or otherwise relating to the public health. [FuRTHEE Borrowing Powers : — 1. Water : Wallasey Improvement Act, 1861, sec. 3. Wallasey Order, 1863. 1870, art. 5. ,, Improvement Act, 1872, sec. 17. 2. Gas : Wallasey Improvement Act, 1861, sec. 3. ,, ,, ,, 1867, sec. 30. Order (No. 1), 1877, art. 2. ,, 1883, art. 1. ,, 1892, art. 2. ,, 1896, art. 1. „ 1898, art. 1. 3. Ferries : Wallasey Improvement Act, 1861, sec. 3 „ ,, ,, 1864, sec. 21 ,, 1872, sec. 17 Order (No. 1), 1877, art. 3. „ ,, 1881, art. 1. „ 1883, art. 2. ,, 1895, art. 1. „ „ 1897, art. 1.] 182 Sec. 61— 65 Provisions of 11 & 12 Vict, ch. 63, to apply to mortgages under this Act, Saving Priority of existing mortgages and future mortgages under 11 & 12 Vict. ch. 63. Application of monies borrowed on Wallasey Waterworks Account, &c. Application of monies borrowed on Wallasey Lighting Account, &c. Application of Wallasey Waterwoi'ks Account. ll&I^VicL The Wallasey Tinprovement ch. Ixiii. Ad, 1858. 61. The sections of "The Puhlic Health Act, 1848," one hundred and ten to one hundred and fourteen, both inchisive, and the schedules (B.) and (C.) to that Act, shall be applicable to the mortgages to be executed by the Local Board under the authority of this Act. [The Public Health Act, 1848, was repealed by the Public Health Act, 1875. As to substituted provisions, vide sec. 313 of the Pubhc Health Act, 1875, 38 and 39 Vict. ch. 55.] 62. Provided always, that all mortgages granted by the Com- missioners under the authority of the first-recited Act, and all mortgages granted by the Local Board under the authority of " The Public Health Act, 1848," and subsisting at the time of the passing of this Act, and all mortgages to be hereafter granted by the Local Board under tlie authority of "The Public Health Act, 1848," shall respectively have priority over all mortgages which may be granted under the authority of this Act on the collateral security of the general district rate, so far as relates to sucli collateral security. [Altered and amended by the Wallasey Order, 1883, art 9. For provisions as to repayment of moneys borrowed and sinking fund, vide The Wallasey Order, 1883, arts. 4 and 7.] 63. All monies from time to time borrowed by the Local Board under the authority of this Act on mortgage of the "Wallasey Waterworks Account" and of the waterworks for the time being vested in or belonging to the Local Board shall be applied as follows : First, in payment of such part as the Local Board think fit of the expenses attending or incident to the obtaining and passing of this Act : Secondly, in the construction of the waterworks, and in laying down, constructing, and erecting water mains, pipes, engines, wells, pumps and other works and conveniences connected therewith, and in the supply of water. 64. AH monies from time to time borrowed by the Local Board, under the authority of this Act, on mortgage of the " Wallasey Lighting Account," and of the gas works for the time being vested in or belonging to the Local Board, shall be applied as follows : First, in payment of such part as the Local Board think fit of the expenses attending or incident to the obtaining and passing of this Act : Secondly, in the constructing of the gas works, and in laying down, fixing, and providing gas mains, pipes, lamps, lamp posts, lamp irons, and other works and conveniences connected therewith, and in the manufacture and supply of gas. 65. The Wallasey Waterworks Account shall be applied and disposed of as follows : First, in paying the interest of all monies borrowed or which shall from time to time be due arid owing on the credit of the Wallasey Waterworks Account. Secondly, in setting apart and appropriating the sum required to be set apart and appropriated for paying off the principal '21&22Vict. T lie Wallaseij Ivipro Dement ch, Ixiii. 183 Act] 1858. monies which shall have been borrowed or secured on the Sec. 66 — 67 credit of the Wallasey Waterworks Account : Thirdly, in paying the costs and expenses of maintaining the waterworks, and in laying down, constructing, erecting, main- taining, repairing, renewing, and altering water mains, pipes, engines, wells, pumps, and other works and conveniences connected therewith, and in otherwise carrying into effect the purposes of this Act, and of the Acts or parts of Acts incorporated herewith, so far as the same relate to the supply of water within the limits of this Act, or in any way incident thereto : Fourthly, in paying off all monies due on the credit of the Wallasey Waterworks Account : Lastly, any surplus which may remain shall be carried to the credit of and be applicable to the same purposes as the General District Rates under " The Pubhc Health Act, 1848." 66. The Wallasey Lighting Account shall be applied and Application disposed of as follows : °\ \yallasey ... . . Lightuig First, in paying the interest of all monies borrowed or which Account. shall from time to time be due and owing on the credit of the Wallasey Lighting Account : Secondly, in setting apart and appropriating the sum required to be set apart and appropriated for paying ot^' the principal monies which shall have been borrowed or secured on the credit of the Wallasey Lighting Account. Thirdly, in paying the costs and expenses of maintaining the gasworks, and in laying down, fixing, and providing, and from time to time repairing, renewing, and altering, the gas mains pipes, lamps, lamp posts, lamp irons, and other works and conveniences connected therewith, and in the manufactm-e and supply of gas, and in otherwise carrying the purposes of this Act and of the Acts or parts of Acts incorporated herewith into effect, so far as the same in any way relate to the lighting of the streets, and the manufacture and supply of gas, or in any w-ay incident thereto : Fourthly, in paying off all monies due on the credit of the Wallasey Lighting Account : Lastly, any surplus which may remain shall be carried to the credit of and be applicable to the same purposes as the General District Rates under " The Public Health Act, 1848." 67. All monies which shall come to the hands of the Local Board Application from the Wallasey Ferries Account shall be applied and disposed of °^ Wallasey (so far as the same will extend) as follows : Account. First, in paying the interest of all monies borrowed, or which shall from time to time be due and owing on the credit of the Wallasey Ferries Account, or on the joint credit of that account and the General District Rate : Secondly, in setting apart and appropriating the sum required to be set apart and appropriated for paying off the principal monies which shall have been borrowed or secured on the 184 21 & 22 Vict. TJie Wallase/j Iiiijjroveme/U ch. Ixiii. Act] 1858. Sec. 68 credit of the Wallasey Ferries Account, or on the joint credit of that account and the General District Eate : Thirdly, in defraying the costs, charges, and expenses incurred or to be incurred by the Local Board in and about the hiring leasing, or pui'chasing any ferry or ferries, or the providing, hiring, chartering, purchasing, and maintaining any steam or other boat, materials, or things, or the employing and recom- pensing persons for the working of any ferry or ferries which shall be hired, leased, or purchased by the Local Board under the authority of the first-recited Act or this Act, or in any manner connected therewith or incident thereto ; Fourthly, in paying off all monies due on the credit of the Wallasey Ferries Account, or on the joint credit of that account and the General District Rate : Lastly, any surplus which may remain shall be carried to the credit of and be applicable to the same purposes as the General District Rates made under " The Public Health Act, 1848." Lands 68. And whereas under the first-recited Act, section eighty- empowered to four, the Local Board are empowered to sell in manner therein 84 / provided certain parcels of lands therein mentioned, and it is 8 & 9 Vict. expedient that the Local Board should be empowered (if they shall ch. vi. may be think fit) to let or exchange the said several parcels of land, or to either sold, sell the same : And whereas there is a small piece of waste land let, or situate on the north side of Mill Lane in the Township of Liscard, ° ■ containing six hundred and ninety-four square yards or thereabouts, which was left unallotted and undisposed of by the Commissioner acting in the execution of an Act passed in the forty-ninth year 49 G. 3, q{ t]-ig reign of King George the Third, intituled an Act for inclosing c . cm. Waste Lands in the Township of Liscard in the Parish of Wallasey in the County of Chester : And whereas the said piece of land is in its present state wholly useless and unproductive, and it is expedient that the Local Board should be empowered to sell, let exchange, or otherwise appropriate the same in manner hereinafter mentioned : Therefore the Local Board may sell or let to or exchange with the person whose lands adjoin thereto, or if for the space of one month after an offer made to him he refuse or neglect to piu'chase, or take on lease or in exchange, then the Local Board may sell or let to or exchange with any other person the before- mentioned parcel of land, or any part thereof ; and in the case of a sale or lease at or for such price or rent as the Local Board may deem fair and reasonable ; and in the case of an exchange for other land of equal value, as near as may be, to be conveyed to the Local Board ; and the Local Board may convey and demise the same, or such part thereof as shall be so sold, leased, or exchanged, to the purchaser or lessee thereof, or the person with whom such exchange shall be made, by deed under their seal and the hands of five or more members of the Local Board, and the receipt of the Chairman and of any two or more members of the Local Board shall be a sufficient discharge to the purchaser or lessee of any such land, or other person as aforesaid, for the purchase money or rent, or for any money payable ))y way of equality of exchange in such receipt expressed to be received ; and the money arising from 21 & 22 Vict. The Wallasey Ivijjivce/iieiU ch. Ixiii. 185 Act] 1858. any such sale or lease, or for equality of exchange, shall be applied Sec. 69^81 by the Local Board to the same purposes as the general district rate is by " The Public Health Act, 1848," directed to be applied : Provided, that the Local Board may, until any such sale or lease or exchange of the said piece of land, or any part thereof, shall be made, enter into and take possession thereof, and manage, fence, and protect the same from trespass and injury in such manner as they shall think fit : Provided also, that in case of any such sale or lease or exchange being made to or with any person other than the owner of the adjoining land, it shall not be necessary to prove that any such offer has been made to such owner, or that he has refused or neglected to become such purchaser or lessee, or to make such exchange as herein-before mentioned : Provided also, that the Local Board may, instead of selling or leasing or exchanging the said piece of land, or in case a sale or lease or exchange upon fair and reasonable terms cannot be effected, retain the same absolutely, or for such period or length of time as they shall think fit ; and the Local Board may at any time thereafter in manner aforesaid either sell or demise or exchange the said piece of land, or any part thereof, or may appropriate and dedicate the same, or any part thereof, to all or any of the purposes of this Act, except the erection of gasworks. [Tlie powers conferred by this section arc extended by the Wallasev Improvement Act, 1864, sec. 20, and the Wallasey Order (No. 1) 1877, art. 1.] [S.S. 69 to 79 inclusive— Eepealed by the Wallasey Order, 1870, art. 3. These sections contained regulations with respect to buildings in this district.] 80. And whereas it would tend to insure greater efficiency and Local Board economy in the execution of works if the same were executed by J^i'^y agree to persons under the immediate direction and conti ol of the Local Board: *^^^Ij, ■ therefore the Local Board and the owner of any land or building in expense of respect of which such works may be rcquii'ed to be executed may agree owners, that the same shall be constructed by the Local Board, and the expense thereof, as certified by the surveyor of the Local Board, shall be repaid on demand by such owner to the Local Board, and in default of payment the same may he recovered from him in a summary manner or by action in any court of competent jurisdiction, or may be declared to be private improvement expenses, and be recovered as such in the manner provided by " The Public Health Act, 1848." [The Public Health Act, 1848, was repealed by the Public Health Act, 1875, which consolidated and amended the Acts relating to public health ; as to substituted provisions, vide sec. 313 of the Public Health Act, 1875.] 81. If any person, against whom the Local Board shall have any Proof of clain) or demand, become bankrupt or take the benefit of anv Act ^cbts in for the relief of insolvent debtors, it shall be lawful for the clerk of bankruptcy, the Local Board in all proceedings against the estate of such bankrupt or insolvent to represent the Local Board and act in their behalf in all respects as if such claim or demand had been the claim or demand of such clerk and not of the Local Board. 186 Sec. 82^88 Authentica- tion of Notices. 21(^^22 Vict. Tlie Wallasey Improre))ie>it Act, 1858. ch. Ixiii. other such docu- any supple- Interest in contract or liability to rates not to disqualify Justices. Recovery of penalties. Application of penalties. 82. Any summons, demand, ov notice, or ment under "The Public Health Act, 1848," or mental Act or this x\ct, may be in writing or print, or partly m writing and partly in print, and if the same require authentication by the Local Board, the signature thereof by the Clerk to the Local Board shall be sufficient authentication. 83. No person shall be incapable of acting as a justice in the execution in any respect of this Act by reason of his being interested in any contract under this Act for a supply of water or gas, or being liable under this Act to the payment of any rate or other money. 84. All penalties imposed by or under this Act, or any byelaw made under this Act, the recovery whereof is not otherwise expressly provided for, may be recovered in manner provided for the recovery of penalties by " The Public Health Act, 1848." [The Public Health Act, 1848, was repealed by the Public Health Act, 1875, which consolidates and amends the Acts relating to public health.] 85. Ti^e justices by whom any penalty or forfeiture shall be imposed under this Act shall, where the application thereof is not otherwise provided for, award the same to be paid to the Local Board. Saving rig' of Birken- head and Claughton Gas and Water Company. hts 86 in an} Saving rights of Local Board. Expenses of Act. Provided always. That nothing in this Act contained shall way prejudice or affect anj' right or power which the Birkenhead and Claughton Gas and Water Company are now entitled to so long as such right or power remains vested in the said Company. [The property of the Birkenhead and Claugliton Gas and Water Company was transferred to the Birkenhead Improve- ment Commissioners by the Birkenhead Commissioners' Gas and Water Act, 1858.] 87. Except as is by this Act expressly otherwise provided, this Act or anything therein contained shall not take away, lessen, pre- judice, or alter any of the jurisdictions, estates, rights, powers or privileges of the Local Board. 88. The costs, charges, and expenses attending or incident to the obtaining and passing of this Act shall be paid by the Local Board. The SCHEDULE referred to in the foregoiug Act. [This Schedule contained the Ferry Tolls, leviable and payable under the Act. They remained in force until the 1st January, 1868, when they were altered by virtue of The Wallasey Improvement Act, 1867. Vide Sees. 19 and 20 and Sched. C. of that Act.] 24 Vict. 8 ens ion 1861, :h. iv. 187 THE WALLASEY IMPROVEMENT ACT, i86i. {34 Vict. ch. 4.) AERANGEMENT OE SECTIONS. Preamble section. Short title 1 Act to be executed by Local Board ... ... ... ... 2 Power to borrow moneys on Mortgage as hereafter mentioned ... ... ... ... ... ... ... 3 Provisions of 11 and 12 Vict. ch. 63 to apply to Mortgages to be granted under this iVct ... ... ... . . . . 4 Saving Priority of e.\isting Mortgages, &c., and of future Mortgages granted under 11 and 12 Vict. ch. 63 . ... 5 Further power to Local Board for acquisition of Seaconibe Eerry 6 Saving Rights of Messieurs Coulborii ... ... ... ... 7 Incorporation of Local Board ... ... ... ... ... 8 General saving of Rights under existing Acts ... ... ... 9 Actions not to abate, &c. ... .. ... ... ... ... 10 Expenses of Act ... ... ... ... ... ... ... 11 188 24 Vict. The WaUa>>e// Improvement cli. iv. Act', 1861. Sec. 1 AN ACT for conferriug on the Local Board of Health for the District of Wallasey further Powers for raising Money ; for the Acquisition of Seacombe Ferry ; and for incorporating the said Board ; and for other Purposes, 17th May, 1861. 21 & 22 Vict. WHEEEAS by "The Wallasey Improvement Act, 1858," the c. 63. Local Board of Health for the District of Wallasey (in this Act called the " Local Board") were empowered to supply the District of Wallasey with Water and Gas, and to raise money for such purposes, and also for carrying into effect the purposes of the said Act with respect to the acquisition of Perries, and otherwise in relation thereto : And whereas it is expedient that the Local Board should be empowered to raise further monies for carrying the purposes aforesaid and the purposes of this Act into effect : And whereas by the said Act the Local Board were empowered, subject to the restrictions and conditions therein contained, to acquire the rights and interests of the then lessees, William Eushton Coulborn and Edward Warburton Coulborn, in the Ferry called Seacombe Ferry, and in other Ferries called Egremont Ferry and New Brighton Ferry : x\nd whereas in pursuance of the said Act, and of an award duly made thereunder, dated the thirtieth day of x\pril, one thousand eight hundred and sixty, the Local Board have contracted to purchase the interest of the said William Eushton Coulborn and Edward Warburton Coulborn in the said three Ferries for the price of sixty thousand and two pounds : and whereas it is expedient that the Local Board be empowered to acquire the reversion in the said Ferry called Seacombe Ferry, and in certain lands and property held or used in connexion therewith, which are shown on certain plans, and described in a book of reference thereto, which have been deposited with the Clerk of the Peace for the County of Chester : And whereas it is expedient that the Local Board should be incorporated : And whereas the purposes aforesaid cannot be effected without the authority of Parliament: May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parhament assembled, and by the authority of the same, as follows ; (that is to say,) Short Title. 1 . In citing this x\ct for any purpose it shall be sufficient to use the expression " The Wallasey Improvement Act, 1861." 24 Vict. The Wallasei/ Iinproremeut cli. iv. 189 Act] 1861. Sec. 2—3 2. This Act shall be executed bv the Local Board, according to Act to be the powers and provisions of "The'Public Health Act, 1848," and executed by of the several Acts supplemental thereto, and of "The Local ^"''^^ ^°^"^- Government Act, 1858," and of any other Act relating to the Public Health, and from time to time in force within the District of Wallasey. [The Public Health Act, 1848, and the Local Government Act, 1858, were repealed by the Public Health Act, 1875, which consolidated and amended the Acts I'elating to Public Health. Its provisions were substituted for those of the repealed Acts by sec. 313.] 3. Tn addition to tlie monies which the Local Board are empowered Power to to borrow under the provisions of " The Wallasey Improvement lJ0'''^'9w Act, 1858," and "The Pubhc Health Act, 1848,'" or any Act ^{""tgag'e'as supplemental thereto or otherwise relating to the Public Health, hereafter they may from time to time borrow on mortgage any sums not mentioned. exceeding the respective amounts herein-after mentioned ; (that is to say,) On mortgage of the securitj' mentioned and referred to in "The Wallasey Improvement Act, 1858," as the Wallasey Waterworks Account, and of the Waterworks for the time being vested in or belonging to the Local Board, any sum not exceeding twenty thousand pounds, which sum shall be applied, first, in payment of such part as the Local Board think fit of the expenses attending or incident to the obtaining and passing of this Act, and, secondly, to the purposes to which by the said Act the monies to be borrowed under the authority of that Act on the above-mentioned securities are thereby directed to be secondly applied ; On mortgage of the security mentioned or referred to in the same Act as the " Wallasey Lighting Account," and of the gasworks for the time being vested in or belonging to the Local Board, any sum not exceeding ten thousand pounds, which sum shall he applied, first, in payment of such part as the Local Board think fit of the expenses attending or incident to the obtaining and passing of this Act, and secondly, to the purposes to which by the said Act the monies to be borrowed under the authority of that Act on the above-mentioned securities are thereby directed to be secondly applied ; On mortgage of the security mentioned or referred to in the same Act as the " Wallasey Ferries Account," and of the Ferries for the time being belonging to or leased by the Local Board and the steam and other boats, materials, and things connected therewith and also (as a collateral security) of the general district rate authorized by "The Public Health Act, 1848," to be made and levied, any sums not exceeding fifty thousand pounds, which sum shall be applied to the acquisition under this Act of the reversion in Seacombe Ferry and the said lands and property held or used in connexion therewith, and to the improvement of the said Ferry, and of any other Ferries from time to time belonging to or leased by the Local Board, and to the several other purposes to which by " The W^illasey Improvement Act, 1858," monies coming to the hands of the 190 24 Vict. The WaUasei/ Improvement ch. iv. Act, 1861. Sec. 4 — 5 Local Board from the " Wallasey Ferries Account" are thereby directed to be applied, but so that of the said sum of fifty thousand pounds the sum of thirty thousand pounds shall not be raised or applied otherwise than for acquiring the reversion in Seacombe Ferry and the lands and property held and used in connexion therewith, as aforesaid. [Borrowing Powers Extended : — 1. Water:— The Wallasey Order, 1863. ,, 1870, art. 6. The Wallasey Improvement Act, 1872, sec. 17. 2. Gas : — The Wallasey Improvement Act, 1867, sec. 30. The Wallasey Order (No. 1,) 1877, art. 2. „ 1883, art. 1, „ 1892, art. 2. ,, ,, ,, 1896, art. 1. ,, 1898, art. 1. 3. Ferries : — The Wallasey Improvement Act, 1864, sec. 21. „ ■ „ „ 1872, sec. 17. The Wallasey Order (No. 1.) 1877, art. 4. „ 1881, art. 1. ,, 1883, art. 2. ., 1895, art. 1. „ 1897, art. 1. Vide also The Wallasey Improvement Act, 1858, sec. 60]. Provisions of 4_ The sections of " The Public Health Act, 1848," One hundred 11 pq\^ ^^^^V ^^^^ ^^^'^ ^'^ ^^^^ hundred and fourteen, both inclusive, and the t^Mortgl^es Schedules (B.) and (C.) to that Act, shall be applicable to the to be granted Mortgages to be executed by the Local Board under the Authority of under this this Act. ^''*' ["The Public Health Act, 1848," was repealed by "The Public Health Act, 1875," which consoHdated and amended the Acts relating to Public Health in England.] Saving 5. Provided always, That all Mortgages granted by the Com- priority of missioners under the authority of " The Wallasey Improvement Act, existnig 1845," and all Mortgages granted by the Local Board under the &c a^tf of authority of "The PubHc Health Act, 1848," or "The Wallasey future Improvement Act, 1858," (and thereby charged upon the General Mortgages District Eate,) and subsisting at the time of the passing of this Act, granted ^^^^ .^^jj Mortgages to be hereafter granted by the Local Board under n&'^i2Vict. the authority of " The Public Health Act, 1848," shall respectively ch. 63. have priority over all Mortgages which may be granted under the authority of "this Act on the collateral security of the General District Eate, so far as relates to such collateral security ; and all Mortgages granted by the Local Board prior to the passing of this Act, under the authority of "The Wallasey Improvement Act, 1858," on the security of "The Wallasey Waterworks Account" and the Wallasey Waterworks, or on the security of the "Wallasey Lighting Account " and the Wallasey Gasworks, or on the security of the " Wallasey 24 Vict. The Wallasey hnprovement cJi. iv. 191 Act, 1861. Ferries Account," and the Perries for the time being belonging to or Sec 6 — 9 leased by the Local Board, and the steam and other boats, materials, and things connected therewith, shall respectively during their continuance have priority over all Mortgages granted on those respective securities, under the provisions of this x\ct. [Altered and amended by the Wallasey Order, 1888, art. 9. Vide also arts. 4 and 7 of the same Order for Provisions for Ee-payment and Sinking Fund.] 6. The Local Board may purchase and acquire the Eeversion and Further any other interest for the purchase of which they have not already power to contracted in the Ferry called Seacomhe Ferry, and in the Slip, ^-'ocal Board Landing Stage, Quays, Wharf, and other Works, and all other the ti*on oT"^^ Lands and Property shown on the deposited plans and described in Seacombe the books of reference thereto, upon such terms and conditions as Perry, shall be agreed on between the Local Board and the persons for the time being entitled to such reversion or other interest in such Ferry, Works, and Lands as aforesaid. 7. This Act and everything herein contained or referred to shall Saving- be without prejudice to the Award dated the thirtieth day of April I'^p^^''^ °^ one thousand eight hundred and sixty, herein -before mentioned, and (_'(f^^]']')Q\!j\'' to all the rights, interests, powers and remedies of the said William Rushton Coulborn and Edward Warliurton Coulborn under the same Award, and under any Act of Parliament, or otherwise howsoever, all which rights, interests, powers, and remedies are hereby expressly saved and reserved. 8. The Local Board and their successors to be from time to time incorpora- elected under the provisions of "The Public Health Act, 1848," or any tion of Local other Act or Acts for the time being in force with relation to the Board. Local Board, shall, for the purposes of " The Wallasey Improve- ment Act, 1845," so far as the provisions thereof are or may be still unrepealed, " The Wallasey Improvement Act, 1858," and this Act, and any other Act foi- the time being in force with relation to the said Local Board, be incorporated by the name of " The Wallasey Local Board," and by that name shall be a body corporate and have a common seal, with perpetual succession, and shall have power to purchase and hold and sell and dispose of lands, within the restrictions in the said Acts and this Act contained, for tlie purposes thereof. 9. Notwithstanding the passing of this Act, and the Incorporation General of the Local Board, and except only as is by this Act otherwise Savi'iK oi expressly provided, everything befoi'e the passing of this Act done, "°i^\r„o"Aetr suffered, and confirmed respectively under or l)y any Act relating to the Local Board shall be as valid as if this Act were not passed, and the Incoi'poration of the Local Board and this Act respectively shall accordingly be subject and without prejudice to everything so done, suffered, and confirmed respectively, and to all rights, liabilities, claims, and demands, both pi-esent and future, which if the Local Boai'd had not been incorporated and this Act were not passed would be incident to or consequent on any and every thing so done, suffered, and confirmed respectively ; and with I'espect to all such things so done, suffered, and confirmed respectively, and all such rights, liabilities, claims, and demands, the Local Board l92 24 Vict. The Wallasey Imijrovemejit Aet',im\. ch. IV. Sec. 10 — 11 incorporated shall to all intents represent the Local Board prior to their incorporation : Provided always, that the generality of this provision shall not he restricted l)y any other of the sections and provisions of this Act. Actions not IQ. Notwithstanding the Incorporation of the Local Board, and to abate, &c. except only as is hy this Act otherwise expressly pro\dded, any action, suit, prosecution, or other proceeding commenced either by or against the Local Board or their Clerk before the passing of this Act shall not abate or be discontinued or prejudicially affected by this Act, but, on the contrary, shall continue and take effect both in favour of and against the Local Board incorporated by this Act, in the same mannei", to all intents, as if this Act were not passed, save only that the Local Board so incorporated shall be substituted therein for the Local Board before their incorporation or their Clerk. Expenses of Act. 1 1 , The costs, charges, and expenses attending or incident to the obtaining and passing of this Act shall be paid ]yy the Local Board. 26 & 27 Vict. Session 1863. ch. Ixiv. 193 The Local Government Supplemental Sec. i— 3 Act, 1863 (No. 2). {Confirming TJic Wallasey Order of 1863.) AN ACT to confirm certain Provisional Orders under the Local Government Act (1858), relating to the Districts of Plymouth, Holywell, Llanelly, West Ham, Worthing, Aheravon, and Wallasey. 21st July, 1863. WHEKEAS the Secretary of State for the Home Department, being one of Her Majesty's Principal Secretaries of State, has under the provisions of the Local Government Act, 1858, duly made certain Provisional Orders which are contained in the Schedule to this Act annexed, and it is provided by the aforesaid Local Govern- ment Act that no such Orders shall be of any validity whatever until they shall have l)een confirmed by Parliament ; and it is expedient that the said Orders should be so confirmed, and further provision made in relation thereto : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in ibis present Parliament assembled, and by the authority of the same, as follows : 1 . The Provisional Orders contained in the Schedule hereunto Provisional annexed shall from and after the passing of this Act be absolute, and Orders in be as binding and of the like force and effect as if the provisions of Schedule. the same had been expressly enacted in this Act. 2. This Act shall be deemed to be incorporated with the Local This Act Government Act, 1858, and shall be as if this Act and the said Local incorporated Government Act were one Act. i^'!''^ ^} * '^'-^ Viet. ch. 98. 3. Ill citing this Act in any other Act, or in any proceeding. Short Title, instrument, or document whatsoever, it shall be sufficient to use the words and figures "The Local Government Supplemental Act, 1863 (No. 2)." 194 26 & 27 Vict. The Local Govermnent ch. Ixiv. Supplemental Act, 1863 {No. 2). SCHEDULE of Provisional Orders referred to in the preceding Act. [The omitted orders relate to Districts other than Wallasey.] ,1- ^<- »i, ^ -'- «]- 1^ 1- -T W" ',' ^' 8. Wallasey. — Extending the Borrowing Powers of the Board. WALLASEY. Provisional Order for extending the Borrowing Powers of the Wallasey Local Board of Health, — Local Government Act, 1858. Whereas the Local Board of Health for the District of Wallasey in the County of Chester (now called " The Wallasey Local Board ") have duly borrowed under the provisions of the Public Health Act, 1848, the Wallasey Improvement Act, 1858, the Wallasey Improve- ment Act, 18G1, and of the Local Government Act, 1858, sums amounting altogether to forty-eight thousand pounds, to defray the expense of works for the sewerage of and supply of water to the said district, being works of a permanent nature under the aforesaid Acts ; and wdiereas there is now owing of that amount a sum of forty-two thousand five hundred and twenty-five pounds, and a further sum will be required to carry out and complete the said works, but such further sum, with the hereinbefore mentioned £42,525, will exceed the assessable value for one year of the premises assessable under the said Acts within such district, constituted as aforesaid. And whereas the said Board have now, under the authority of the 78th Section of the Local Government Act, 1858, petitioned me, as one of Her Majesty's Principal Secretaries of State, for powers to borrow for such works, on mortgage of the rates leviable by the aforesaid Local Board of Health under the powers of the aforesaid Acts, a sum or sums which, with the amount already borrowed, shall not exceed in the whole two years' assessable value of the premises assessable within the district in respect of which such sum or sums may be borrowed. And whereas after due enquiry and report by William Eanger, Esquire, the Inspector appointed by me for the purpose, I am of opinion that the prayer of such petition should be granted ; but the same cannot be done without the consent of Parliament. Now, therefore, in pursuance of the power now^ vested in me as one of Her Majesty's Principal Secretaries of State as aforesaid, I do hereby, by this Provisional Order under my hand, direct as follows : — That from and after the passing of any Act of Parliament confirm- ing this present Order — 26&21Vict, The Local Government ch. Ixiv. 195 Supplemental Act, 1863 (No. 2). 1. The Local Board of Health for the district of Wallasey in the County of Chester (now called "The Wallasey Local Board") shall have power and authority to horrow or reborrow, for the execution and completion of the aforesaid works of a permanent nature within such district, and on mortgage of the rates leviable by them under the aforesaid Acts, a further sum, not exceeding thirteen thousand pounds, which, together with the sums already sanctioned to be l^orrowed by the Local Board aforesaid, will not exceed in the whole two years' assessable value of the premises assessable under such Acts within the aforesaid district ; the several aforesaid sums already borrowed and to be further borrowed under the authority of this present Order, and of the Act confirming the same, to be repaid, with interest thereon, within a period of fifty years from the date of the borrowing thereof. Given under my hand this 9th day of June, 1863. (Signed) G. Geey. [The Board empowered to mortgage the works and water rents as well as rates, vide The Wallasey Improvement Act, 1864, s. 28. The limitation of borrowing powers in this Order was removed by The Wallasey Order, 1870, Article 6, which authorised the Local Board to borrow for permanent works to the amount of twice the assessable value of the premises assessable under the Local Government Act in the district. Article 6 of The Wallasey Order, 1870, was repealed by The Wallasey Order, 1894, Article 1. Further borrowing powers for water purposes wei'e conferred by The Wallasey Improvement Act, 1872, s. 17.] 196 27 & 28 Vict. Session 1864. ch. cxvii. THE WALLASEY IMPROVEMENT ACT, 1864. (27 & 28 Vict., ch. cxvii.) ARRANGEMENT OF SECTIONS. Preamble. section. Short Title 1 Act to be executed by Local Board 8 & 9 Vict. ch. 18, 10 & 11 Vict. ch. 17, and 23 & 24 Vict ch. 106 incorporated... Same Meanings to Words in incorporated Acts as in this Act Interpretation of Terms ... Power to take Lands Power to construct Works Before Pier or Landing Stage commenced, Plans, &c., to be deposited at Admiralty Lights to be exhibited during Execution of Works ... Exemption from Rates in certain cases... Power to Admiralty to order Local Survey at Expense of Local Board ... Works affecting Tidal Waters abandoned, &c., may be removed by Admiralty at Expense of Local Board... Powers for compulsory Purchases limited Period for Completion of Works ... Power to deviate ... Power to alter Ferry Rates Power to sell or let Steam Vessels Alterations as to Supply of Water for domestic purposes Power to Local Board to Contract for Supply of Fittings for Gas and Water Sec. 68 of 21 and 22 Vict. c. 63 extended to other lands herein specified, 49 G. 3, c. ciii. 54 G. 3, c. 87 Power to raise further Money on Mortgage of ' ' The Wallasey Ferries Account " 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 27&28Fzc'^. Tlie Wallasey Improvement ch> cxuii. 197 Act, 1864. SECTION. Certain parts of 11 and 12 Vict. c. 63, and 21 and 22 Vict. c. 98 to apply to Mortgages... ... ... ... ... 22 Saving Priority of existing Mortgages ... ... ... ... 23 Power to apply to Purposes of Keservoir, &c., Funds applicaljle to Waterwork Purposes ... ... ... ... ... 24 Power to Ee-borrow ... ... ... ... .. ... 25 Power to accept Surrender of Mortgages ... ... ... 26 Time within which borrowed Money shall be paid off ... 27 Power to Board to Mortgage Works as well as Bates for raising Money under a Provisional Order .. ... .. 28 Courts and Passages to be flagged and channelled ... . . 29 Vaults under Streets to be repaired by owners... ... ... 30 Local Board to put in Branch Drains at the Expense of Owners of Houses. .. ... ... ... ... ... 31 Power to Local Boards to order Removal and Construction of Urinals by Innkeepers and Beersellers ... ... ... 32 Power to Local Board to agree with Owners of projecting Buildings, and of Houses at Corners of Streets, to alter and round-off same ... ... ... ... ... ... 33 As to Purchase of Lands for opening new Streets ... ... 34 For preventing the filling up or Embankment upon Ground with offensive or unwholesome matter ... ... ... 35 Repealed ... ... ... ... ... ... ... ... 36 Power to repeal Bye-laws ... ... ... ... ... 37 Power to grant Superannuation Allowances ... ... ... 38 Recovery of Penalties . . ... ... ... ... ... 39 Power to Local Board to order Costs of Prosecutions.. ... 40 Assessments to different rates may be in one Rate Book ... 41 Power to charge Salaries to particular y\.ccount ... ... _ 42 Agreement set forth in Schedule confirmed ... ... ... 43 Saving Rights of the Crown ... ... ... ... ... 44 Expenses of Act ... ... ... ... ... ... ... 45 Schedule. 198 21 SL^SVict. The Wallaaey hnprovement ch. cxvii. Act, 1864. AN ACT to confer further Powers on the Wallasey Local Board; and for other Purposes. [23rd June, 1864.] 21 & 22 Vict. WHEREAS under the Provisions of The "Wallasey Improve- c-63. ment Act, 1858," (in this Act called "the Act of 1858,") and of " The Wallasey Improvement Act, 1861," (in this Act 24 & 25 Vict, called "The Act of 1861") certain Ferries, called respectively c. 4. Ng^v Brighton Ferry, Egremont Ferry, and Seacombe Ferry, with the landing stages, piers, jetties, slips, and accommodations connected therewith, are vested in and worked and managed by the Wallasey Local Board (in this Act called " the Local Board ") : And whereas it is expedient that the Local Board be empowered to construct a pier or landing stage at New Brighton in the Township of Liscard and Parish of Wallasey in the County of Chester, in connexion with their existing ferry at New Brighton, and that further powers should be conferred upon them in relation to their ferries, landing stages, and steamboats, and with respect to the tolls and rates leviable in respect thereof : And whereas by the Act of 1858 the Local Board are empowered to supply the District of Wallasey with water, and it is expedient that they should be empowered to construct an additional reservoir and other works connected therewith : And w^hereas plans and sections of the pro- posed pier or landing stage and reservoir, and showing the lands on which the same respectively are to be constructed, and a book of reference to such plans, have been deposited with the Clerk of the Peace for the County of Chester : And whereas it is expedient that the Local Board should be empowered to raise a further sum in con- nexion with and for the purposes of their ferries, landing stages, and piers, and that further provision should be made with reference to the borrowing, reborrowing, and paying off of monies borrowed by the Local Board : And whereas it is also expedient to alter the quali- fication of persons entitled to vote in the election of members of the Local Board : And whereas it is also expedient to make provision for superannuation, or other allowances to officers, servants, work- men, and other persons appointed or employed by the Local Board : And whereas it is also expedient to confer further powers on the Local Board, in relation to the good government and sanitary condition of the district and otherwise : And whereas the purposes aforesaid cannot be effected without the authority of Parliament : May it therefore please your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows ; (that is to say,) 27&28F/c^. The Wallasey Improveniejit ch. cxvii. 199 Act, 1864. Sec. 1—7 1. In citing this Act for any purpose it shall he sufficient to use Short Title, the expression " The Wallasey Improvement Act, 1864." 2- This Act shall be executed by the Local Board, subject to the Act to be powers and provisions of "The Public Health Act, 1848," and of executed by the several x^cts supplemental thereto, and of "the Local Govern- ■'-'°°'^^ ■^°^'^*^- ment Act, 1858," and of any other x\ct relating to the Public Health, and from time to time in force within the district of Wallasey. [The Public Health Act, 1848, and the Local Government Act, 1858, were repealed by the Public Health Act, 1875, which consolidated and amended the Acts relating to Public Health. Its provisions were substituted for those of the repealed Acts by sec. 313.] 3. " The Lands Clauses Consolidation Act, 1845," " The Lands 8 & 9 Vict. Clauses Consolidation Acts Amendment Act, 1860," " The Water- ?^''^'-|, y works Clauses Act, 1847," and "The Waterworks Clauses Act, ^ ^7 and 1863," shall, so far as the same respectively are applicable to the 23 &'24 Vict, purposes of this Act, and are not expressly altered or varied by this c. 106, Act, be incorporated with this Act. incorporated. 4. The several words and expressions to which by the Acts Same mean- wholly or partially incorporated with this Act meanings are respec- "^S^ ^°, tively assigned shall have in this Act the same respective meanings, T^^'-'^ ^" , unless there be something in the subject or context repugnant to or p^^^^ ^s in inconsistent with such construction. this Act. 5. The expression "Superior Courts," or " Court of Competent intcrpreta- Jurisdiction," or any other like expression, when used in this Act, or tionof Terms in any Act incorporated herewith, shall be read and have effect as if the debt or demand with respect to which the expression is used were a common simple contract debt, and not a debt or demand created by statute. 6. The Local Board (subject to the provisions of this x\ct, and of Power to the Acts wholly or partially incorporated with this Act), may enter ^'^'^^ -'-'''''^^*^'^- upon, take, use, and hold, and appropriate to the purposes of this Act all or any of the lands defined on the deposited plans and described in the books of reference thereto, or any estate, or interest, or easement in or over all or any of the said lands. 7. The Local Board, subject to the provisions in this Act and in Power to the Acts wholly or partially incorporated with this Act, may make construct and maintain, in the line or situation, and according to the levels ^'^°^^^- defined on the deposited plans and sections, and upon the lands deli- neated on the said plans and described in the liooks of reference thereto, the following works ; (that is to say,) A pier or landing stage at New Brighton aforesaid, from a point at or near the east end of Victoria Road, together with all such jetties, esplanades, landing places, toll gates or l)ars, and other works and conveniences in connection therewith, as the Local Board shall from time to time think fit : A reservoir in tlie said Township of Liscard, together with all such mains, pipes, and other apparatus in connection therewith, as the Local Board shall from time to time think fit ; and the said reservoir and works shall for all purposes be deemed part of the waterworks of the Local Board. 200 Sec.8— iO Before Pier 27 & 28 Vict. The Wallaseij Imyrovement Act, 1864. ch. cxvit. or Landing 8. Previously to commencing the pier or landing stage or the works connected therewith, the Local Board shall deposit at the menced* Admiralty office plans, sections, and working drawings of the said Plans, &c., to pier or landing stage and works connected therewith for the be deposited approval of the Lord High x\dmiral of the United Kingdom of Great at Admiralty. Britain and Ireland, or the Commissioners for executing the office of Lord High Admiral aforesaid, such approval to be signified in writing under the hand of the secretary of the x\dmiralty, and such pier or landing stage and works shall be constructed only in accordance with such approval ; and when any such pier or landing stage or works shall have l:)een commenced or constructed it shall not be lawful for the Local Board at any time to alter or extend the same without oljtaining, previously to making any such alteration or extension, the like consent or approval ; and if any such pier or landing stage or works shall he commenced or completed, or be altered, extended, or constructed contrary to the provisions of this Act, it shall be lawful for the said Lord High Admiral, or the said Commissioners for executing the office of Lord High Admiral, to abate, alter, and remove the same, and to restore the site thereof to its former condition, at the cost and charge of the Local Board, and the amount thereof shall be a del)t due from the Local Board to the Crown, and be recoverable accordingly with costs of suit, or may be recovered with costs as a penalty is or may be recoverable from the Local Board. Lights to be exhibited during execution of Works. Exemption from Rates in certain Cases. 9. During the construction of the pier or landing stage, and works connected therewith, the Local Board shall cause to be hung out or exhibited every night from sunset to sunrise lights to be kept burning by and at the expense of the Local Board for the navigation and safe guidance of vessels, and for ever after the completion of the pier or landing stage the Local Board shall cause to be hung out or exhibited thereon every night from sunset to sunrise good and sufficient lights to be kept Ijurning by and at the expense of the Local Board, for the navigation and safe guidance of vessels, and which lights shall be from time to time altered by the Local Board in such manner, and be of such description, and be so used and placed, as the Lord High Admiral or the Conniiissioners for executing the office of Lord High Admiral shall by writing under the hand of the secretary of the Admiralty approve of ; and in case the Local Board shall neglect to exhibit and keep either of such lights burning as aforesaid, they shall forfeit and pay for every such neglect the sum of ten pounds. 10. Nothing in this Act contained shall extend to charge with rates or duties, or to regulate or subject to any control, any vessel or boat belonging to or employed in the service of Her Majesty, her heirs and successors, or any meml^er of the Eoyal Family, or in the service of the Admiralty, Coast Guard, Customs, or Excise, or of the Cor- poration of Trinity House of Depiford Strond, or the Commissioners of Northern Lights, using the pier or landing stage, and not conveying goods for hire ; or any packet l^oat or post office packet, being a packet boat or post office packet, as defined under the provisions of any Act relating to the post office, or any post office bag of letters conveyed by any such packet boat or packet, or by any other vessel whatsoever, or any of the officers or persons belonging to Her 27 &28 Vict. The Wallasei/ Improvement ch. cxvii. 201 Act, 1864. Majesty's Navy, or employed in the service of tlie Admiralty, Coast Sec. 11 — 15 Guard, Ordnance, Customs, Excise, or Post Oflice, or their baggage, or any vessel or goods being imder seizure by the officers of the revenue, or any naval, victualling, or ordnance stores, or other stoi'es, goods, or supplies for the service of or being the property of Her Majesty, or any marines or troops landed upon, or delivered, or disembarked from the pier or landing stage, or their baggage ; l)ut all such vessels, officers, or persons aforesaid shall have the free use of the pier or landing stage without any charge or rate being made for using the same ; provided always, that if any person claim and take the benefit of any such exemption as aforesaid, without being entitled thereto, he shall for every such offence be liable to a penalty not exceeding ten pounds. 11. If at any time or times it shall be deemed expedient by the Power to Lord High Admiral of tlie United Kinwlom, or the Commissioners '''^fh"ii'a'l''y for executing the office of Lord High Admiral, to order a local survey 1° ^^^J , •^,- f if^iT-ii^T- "^ Local Survey and exammation oi any works of the Local Jioard, m, over, or ^^^ expense of affecting any tidal or navigable water or river, or of the intended Local Board. site thereof, the Local Board shall defray the costs of every such local survey and examination, and the amount thereof shall be a debt due to Her Majesty from the Local Board ; and if not paid upon demand, may be recovered as a debt due to the Crown, with the costs of suit, or may be recovered with costs as a penalty is or may be recoverable from the Local Board. 12. ff any work to be constructed by the Local Board in, under, Works over, through, or across any tidal watei' or navigable river, or if any affecting portion of any work which affects or may affect any such water or *^,^^^^^^^'^ river, or access thereto, shall Ije abandoned or suffered to fall into '^^ ^jay be disuse or decay, it shall be lawful for the Lord High Admiral, or the removed by Commissioners for executing the office of Lord High Admiral, to Admiralty at abate and remove the same, or such part or parts thereof as he or |.'"''^P^"!f "., they may at any time or times deem tit and pioper, and to restore the site thei'eof to its former condition, at the cost and charge of the Local Board ; and the anioimt thereof shall be a debt due from the Local Board to tlie Crown, and if not paid upon demand may l)e recovered as a debt due to the Crown with the costs of suit, or may be recovered with costs as a penalty is or may be recoverable from the Local Board. 13. The powei's of the Local Boai'd for the purchase of lands by Powers for compulsion, for the purposes of this Act, shall not be exercised after compuli-ory the expiration of three years from the passing of this Act. Purchases 14. The pier or landing stage and resei'\oii' by this xVct authorized Period for sliall he completed witliin five years from the passing of this Act, (-Completion and on the expiration of that period the powers granted to the Local " oil^^- Boa]'d for making those respective works, or otherwise in relation thereto, shall cease to be exercised, except as to so much thereof as is then completed. 15. The Local Board in the construction of the pier or landing Power to stage and reservoir may deviate laterally from the line or situation deviate, thereof shown on the deposited plans to the extent of the limits of deviation shown on those plans, and may deviate from the levels 202 27 & 28 Vict. The Wallaseij hnprovemeiit Act, 1864. 'h Cll. CXVll. Sec. 16 — 18 shown on the deposited sections to the extent following ; (that is to say,) as regards the pier or landing stage, not exceeding live feet ; and as regards the reservoir, not exceeding three feet. Power to alter Ferry Eates. Power to sell or let Steam Vessels. Alterations as to Supply of Water for domestic Purposes. 16. Notwithstanding anything in the Act of 1858 contained, the Local Board may from time to time exercise the following powers in relation to the tolls or rates receivable at their ferries, piers, and landing stages, and in respect of their steamboats : They may contract for any shorter period than six months with any person or family, provided that no preference be shown to any particular person or family : They may conti'act for the conveyance at reduced tolls or rates of any body of persons, such as schools, charitable institutions, benefit societies, pleasure parties, and the like : They may charge increased tolls or rates (not in any case exceeding sixpence) in respect of every person, whether a contractor or non-contractor, conveyed to or from their ferries, or any of them, between half -past eleven o'clock in the evening and five o'clock in the morning, but they shall not be compellalile to run steam vessels to or from their ferries, or any of them, between those hours : They may demand and receive such reasonable tolls or rates as they may from time to time think fit from persons using their piers and landing stages, or any of them, for purposes of exercise or recreation, but not desiring to embark or disembark thereat, and may compound with any person or family for the payment of such tolls or rates for such pei'iod as may be mutually agreed upon ; but such tolls and rates shall be charged equally to all persons and families und^r the like circumstances : They may permit persons to land at or depart from their piers and landing stages, or any of them, from or into any steam vessels or other boats or vessels not belonging to the Local Board upon payment of such tolls or rates as the Local Board shall from time to time prescribe. [Vide The Wallasey Improvement Act, 1858, Sees. 40, 41 ; also Sec. 23 of The Wallasey Improvement Act, 1867, with which the above section is incorporated.] 17. The Local Board may from time to time, as they think fit, sell and dispose of any of their steamboats, and provide others in lieu thereof, if required for the purposes of their ferries, or any of them ; and the Local Board may also from time to time, as they think fit, let to hire ior any special purpose, or by the day, or for a longer term, all or any of their steamboats which may not for the time being be required for the efficient management and working of their ferries, and may demand and receive for the hire thereof such sums of money or other consideration as may be agreed upon between the Local Board and the company or person Jiiring the same. 18. From and after the passing of this Act so much of the eleventh section of the Act of 1858 as prescribes the rents at which the Local Board shall supply water for domestic purposes shall be 27 & 28 Vict. The Wallasey Improvement ch. cxvii. 203 Act,' 1864. repealed, and in lieu thereof the Local Board may demand for a Sec. 19 — 21 supply of water for domestic purposes : An annual rent not exceeding six pounds per centum on the annual value of the house in respect of which such supply of water is afforded : And the Act of 1858 shall henceforth be read and construed accordingly. 19. The Local Board may from time to time contract with any Power to person, or with any company or body, for providing such person, Local Board company, or body with pipes, meters, burners, lamps, cisterns, *°,*^°"*''^'^* fittings, and apparatus connected with the supply of gas or water, pittinss for and for the repair thereof, in such manner and upon such terms as Gas and may be agreed upon l)etween the Local Board and any such person. Water. company, or body. 20. And whereas by the sixty-eighth section of the Act of 1858 Sec 68 of provision is made for enaljling the Local Board to sell or grant on 21 & 22 Vict, lease or exchange a certain piece or parcel of land in the said V'"i section mentioned, and being situate on the north side of Mill Lane other Lands in the Township of Liscard : And whereas mider and by virtue of herein an Act passed in the forty-ninth year of the reign of King George specified, the Third, intituled An Act for inclosing Waste Lands in the 49 G. 3, Township of Liscard in the Parish of Wallasey in the County ch. ciii. Palatine of Chester ; and of another Act passed in the fifty-fourth 54 G. 3, year of the reign of his said Majesty, intituled An Act for inclosing ^^^- l^^xxvii. Waste Lands in the Parishes of Wallasey and West Kirby in the County of Chester, several parcels of land respectively situate in the said Townships of Liscard and Wallasey were allotted for the purpose of getting stone or marl therefrom, and of a watering pit for the use of the landowners within the said townships, and the stone, marl, and water respectively in such parcels of land are or may become exhausted, and it is expedient that provision be made in relation thereto : Therefore, the sixty-eighth section of the Act of 1858 shall extend and apply to and shall be in force and effect in relation to the said parcels of land to the same extent and in the same manner as the said section extends and applies to the said parcel of land therein mentioned situate on the north side of Mill Lane in the Township of Liscard, and the Local Board may sell, lease, or exchange, and otherwise deal with the said parcels of land accordingly. IVidc also The Wallasey Order (No. 1), 1877, art. 1.] 21. In addition to the monies which the Local Board are Power to empowered to Ijorrow under the provisions of the Act of 1858 and the '"'lis^ further Act of 1861, or cither of them, in connexion with and fortlio 2)Uipnses ^7°".^/ °'^ x of their ferries, they niay from time to time boiTow on mortgage of ''Thc'^Wal- " The Wallasey Ferries Account," and of the ferries for the time lasey Ferries being ])elonging to or leased by the Local Board, and the steam and Account." other boats, materials, and things connected therewith, and also (as a collateral security) of the general district rate authorized by " The Public Health Act, 1818," to be made and levied, any sums not exceeding in the whole forty-five tliousand pounds, of which the Board may apply a sum not exceeding fifteen thousand pounds in and towards the erection and construction of the pier or landing 204 27 & 27 Vict. TJie Wallaseij Improvement ch. cxvii. Act, 1864. Sec. 22—23 stage at New Brighton by this Act authorized, and the jetties, esplanades, toll gates, toll houses, works, and conveniences con- nected therewith ; and a sum not exceeding twelve thousand pounds, for the purchase of or otherwise in connection with their steamboats ; and if any surplus of the said sums of fifteen thousand pounds and twelve thousand pounds respectively remains after fulfilling the purposes for which they are made specially applicable, such surplus of the one of such sums may be in the first instance applied in making good the deficiency (if any) which may exist in the other cf such sums ; and the residue of the said sum of forty- five thousand pounds, and also any surplus of the aggregate of the said sums of fifteen thousand pounds and twelve thousand pounds respectively, which may remain after fulfilling the purposes to which they are specially made applicable, shall from time to time l)e applied for tlie purposes of the ferries of Seacombe and Egremont respectively : Provided always, that the monies which the Local Board are by this Act expressly authorized to borrow shall be in addition to the monies which they are authorized to borrow by " The Public Health Act, 1848," or any Act supplemental thereto, or otherwise relating to the public health. [Further Borrowing Powers : — Ferries : — The Wallasey Improvement Act, 1872, sec. 17. The Wallasey Order (No. 1), 1877, art. 3. ,, ,, ,, 1881, art. 1. 1883, art. 2. ,, ,, ,, 1895, art. 1. „ 1897, art. 1. The provision as to the application of the moneys borrowed under this section is in effect repealed by the Wallasey Improvement Act, 1867, sec. 37.] Cei'tain parts of 11 & 12 Vict. ch. 63, and 21 & 22 Vict, ch. 98, to apply to Mortgages. Saving Priority of existing IMortgages. 22. Tlic sections of " The Pubhc Health Act," 1848, 111, 112, and 114, and the schedules (B.) and (C.) to that Act. and section 57 of " The Local Government Act, 1858," shall be ajjplicable to the mortgages to be executed by the Local Board under this Act. [The Public Health Act, 1848, and the Local Government Act, 1858, were repealed by the Public Health Act, 1875, which consolidated and amended the Acts relating to public health. As to provisions substituted, vide sec. 313 of that Act.] 23. Provided that all mortgages granted ])y the Local Board on the security of " The Wallasey Ferries Account," and subsisting at the time of the passing of this Act, shall have priority of any mort- gage granted under this Act on the security of that account, and all mortgages then subsisting or to be hereafter granted on the security of " The General District Eate," shall respectively have priority over all mortgages which may be granted under the authority of this Act on the collateral security of " The General District Eate," so far as relates to such collateral security. [Altered and amended by The Wallasey Order, 1883, Article 9.] 27 & 28 VicL The Wallaseij hnprovement ch. cxvii. 205 Sec. 24— 27 24. The Local Board may from time to time apply to the Power to construction and maintenance of the reservoir and the works con- ^^PPb' to nected therewith by this Act authorized any of the monies appli- td"';^^°?^-'^.° cable to waterworks purposes which from time to time may be in &c!, Funds their hands. applicable to 25. The Local Board may from time to time re-borrow, at such Purposes, rate of interest as may be necessary, such sums of money as may power to be necessary for paying off the whole or any part of any principal re-borrow, monies from time to time outstanding on mortgage, on whatever account such monies may have been borrowed ; and if having re-borrowed any such sums, they pay off the same, they may again re-borrow the amount so paid off, and so from time to time ; provided that all mortgages granted b}- the Local Board for the purpose of paying off any principal monies from time to time outstanding on mortgage shall be granted, and be chargeable on the same securities as the principal monies for the paying off of which such mortgages are granted were secured. [This section also applied to mortgages under the Wallasey Improvement Act, 1867 ; vide sec. 33, of that Act. As to priority, vide The Wallasey Order, 1883, art. 9.] 26. The Local Board may at any time after the passing of this Power to Act, by agreement with the holders of any outstanding mortgages, accept Sur- accept and take a surrender of such mortgages, and grant other ^^"t^J °V. mortgages on the like securities in lieu thereof, at such rate of « & ■ • interest as may be agreed upon, and the mortgages so granted shall be subject to the same provisions as if the sums thereby secured were re- borrowed under the authority of this Act. [This section also applied to Mortgages under the Wallasey Improveinent Act, 1867 ; vide sec. 33, of that Act.] 27. Notwithstanding anvthing in " The Public Health Act, 1848," Time within or "The Local Government Act, 1858," the Act of 1858, the Act ^J^i^^J ^o^'- of 1861, or in any other Act authorizing the Local Board to raise ^^lalTbe "'"^^ money to the contrary contained, the whole of the sums to be borrowed paid off. by the Local Board under the powers of any such Act or of this Act shall be repaid within fifty years from the time of borrowing the same ; and in the case of monies already borrowed by the Local Board, the period hmited by "The Pubhc' Health Act, 1848," or " The Local Government Act, 1858," or any such other Act as afore- said, for the repayment of the same ma}-, with the consent of the mortgagees, but not otherwise, be extended to the like period of fifty years from the time of liorrowing the same. [This section also applied to mortgages under the Wallasey Improvement Act, 1867 ; vide sec. 33 of that Act. By The WaUasey Order (No. 1) 1877, art. 4, "section 27 of the Wallasey Improvement Act, 1864, shall be wholly repealed except so far as the same may have been acted upon, and in lieu thereof it shall be provided that all the pi-ovisions of the Public Health Act, 1875, with respect to borrowing powei's (except sub-sections 2 and 3 of sec. 234) shall apply to all moneys to be hereafter borrowed, &c," {Vide The Wallasey Order (No. 1) 1877). Amended pi'ovisions foi- I'epayment of moneys borrowed and sinking fund are contained in The Wallasey Order 1883, arts. 4 to 8.] 206 27 & 28 Vict. The Wallasey Improvement ch. cxvii. Act^imA. Sec. 28— 31 Power to 2Q^ p^T^^ whereas by " The Local Government Supplemental Act, mortgage 1^63 '(No. 2,)" a Provisional Order for extending the borrowing Works as well powers of the Board was confirmed, l)y which Provisional Order the as Eates for Board are empowered to liorrow and re-borrow for the execution and raisingnioney completion of the works of a permanent nature in the said Pro- visionals Order visional Order mentioned, a further sum, not exceeding thirteen thousand pounds, on mortgage of the rates leviable by them under the Acts in the said Provisional Order mentioned, but the said Pro- visional Order does not empower the Board to mortgage the works in respect of which such rates are levial)le, and the rents for supply of water, and it would facilitate the borrowing of the said money if the Board were empowered to mortgage the said works and rents : therefore, in addition to the rates wdiich, by the said Provisional Order, the Board may mortgage for raising the said sum of thirteen thousand pounds, the Board may also mortgage the works in respect of which the said rates are levialjle, and the said rents. Courts and 29. Every court and passage within the district shall be well and Passages to sufficiently paved or flagged, channelled, and sewered, and (except as *^^^'^8Sf,^?'"*^ herein-after mentioned, and unless the same shall be a pubhc tho- roughfare) shall be kept in good repair to the satisfaction of the Local Board by the owners of the houses, buildings and lands abutting thereon and having the right to the use thereof ; and if at any time any such court or passage shall not be well and sufficiently paved or flagged, channelled, and sewered, and kept in good repair to their satisfaction, the Local Board may cause the same to be paved, flagged, channelled, and sewered to their satisfaction ; and the whole of the costs, charges, and expenses attending the same shall be paid and reimbursed to the Local Board by, and may be recovered in any court of competent jurisdiction from the owners of the houses, buildings, and lands abutting on such court or passage, and having the use thereof, in such proportions as the Local Board or their surveyor shall determine ; and anj^' court or passage being sufficiently paved, flagged, channelled and sewered, and in good repair, to the satisfaction of the Local Board, may be dedicated to the public use by the owners thereof ; and after notice in writing under the hands of such owners given to the Local Board, the court or passage, being then also in such good repair as aforesaid, shall, if the Local Board shall be of opinion that the same can be beneficially used as a public thoroughfare, be kept in repair by the Local Board. Vaults under 30. The owner of any vault, arch, or cellar, at any time Streets to be existing under any street within the district, shall keep the same in repaired by substantial repair, so as not to occasion any injury to the street ; and in default of his so doing, the Local Board may cause such vault, arch, or cellar to l^e substantially i-epaired, and may recover the expenses thereof as damages from the owner of such vault, arch, or cellar. [Vide The Wallasey Local Board Act, 1890, Sec. 26.] Local Board 31. When and so soon as a main or other sewer shall have been to put in constructed by the Local Board for the general sewerage or drainage Branch ^^ ^^^ houses, privies, ashpits, cesspools, and other premises in any Expense of street within the district (whether or not the same shall be a high- Owners of way), it shall be lawful for the Local Board or their surveyor to Houses. construct and lay branch drains of such size, at such level, and with such fall as they or he shall think proper, from such houses, ^1 & 'IS Vict. The Wallasey Improvement cli. cxvii. 207 Act^lQm. privies, ashpits, cesspools, and other premises, into the main or Sec. 32- -35 other sewer of such street, or to divert any present drain so that the same may discharge its contents into such main or other sewer for the drainage of such houses, privies, ashpits, cesspools, and other premises ; and the owners of such houses, privies, ashpits, cesspools, and other premises shall repay to the Local Board such expenses as they shall incur, each owner contributing in proportion to the length of drain laid down for him, such proportion to he ascertained by the surveyor of the Local Board, and the expenses aforesaid shall be recovered from the owner or occupier of such premises as damages. *(-)^ \yide The Wallasey Local Board Act, 1890, Sec. 35.] 32. The Local Board may from time to time, by notice in Power to writing under the hand of their clerk, order the owner or occupier Local Board of any inn, public house, or beershop within the district to remove j^g^Q^^ ^^^a any urinal now or hereafter adjoining such inn, public house, beer- Construction shop, or place, and may from time to time order the owner or of Urinals by occupier of any inn, public house, or beershop to construct or Inn-keepers place adjoining such inn, public house, or beershop an urinal, in ^"^ ^^^' such position and according to such plan as the Local Board or their ' surveyor may approve ; and if any such owner or occiipier fail for fourteen days after the time allowed by the Local Board for the I'emoval, or the construction, or placing of any such urinal, to remove, or construct, or place the same according to such order, every person so offending shall for every such offence be hable to a penalty not exceeding five shillings for every day after the expiration of fourteen days during which such order is not complied with. 33- Iq every case in which the Local Board shall deem it expe- Power to dient that the whole or any part of any house or building projecting Local Board beyond the regular line of any house or street, or beyond the front q^^^qH^^ ^ of the house or building on either side thereof, in any street, or at Projecting the corner of any street, or opposite to or projecting across the end Buildings, of any street, should be taken down, for the purpose of straightening and of Houses the line of any street, or of rounding off tlu; corner of any street, gt^-eets^^'o ° or improving the entrance or approach thereto, or to any adjoining ^iter aiid street, it shall be lawful for the Local Board to agree with the owner round off and occupier of such house or building to pull down, set back, or '^ame. alter the same in such manner as tlie Local Board shall require, and to pay to such owner and occupier such compensation as shall be agreed upon between them and the Local Board ; and it shall be lawful for the Local Board to add to the street so much of the site of any house or building so pulled down, set back, or altered, as shall be agreed upon between the Local Board and such owner and occupier. 34. The Local Board may agree with the owners of any bouses As to Pur- or lands within the district for the absolute purchase thereof or of chase of any part thereof, for the purpose of opening new streets or passages Lands for •' ^ , . , '^ F ^ . ° . r - • 1 X • opennig new or makmg any other convenient comnnuiications, or ot straightenmg, streets" widening, or diverting any existing streets, ways, or passages. 208 27 & 28 Vict, The Wallaseij Improvement Act, 1864. ch. CXVll. Sec. 35— 43 35. It shall not be lawful to raise, fill up, or embank upon any ground within the district with any offensive, noxious, or unwhole- some matter, and every person who shall offend contrary to this enactment shall, for every such offence, forfeit and pay a sum not exceeding five pounds, and a further sum not exceeding forty For pre- venting the filling up or Embankment upon Gromid with offensive _ , _ _ _ _ _ . or unwhole- shillings, for every day during which such offensive or unwholesome some matter, matter shall continue unremoved, after notice shall have been given by the surveyor of the Local Board for the removal thereof. [Sec. 36. — This section, wdiich required a rating qualification and prior payments of rates by voters at elections of the Local Board, was repealed by the Wallasey Order, 1870, art. 5.] 37- The Local Board from time to time, as they shall think fit, may repeal any liyelaws, rules, or orders made by them, without its being obligatory on them to make others in lieu thereof. Power to 33_ The Local Board may from time to time gi'ant such grant superannuation or other allowances to officers, servants, workmen, ^jq^ and other persons appointed or employed by them, as they shall Allowances, think fit. Power to repeal Bye- laws. Recover}' of Penalties. Power to Local Board to order costs of prosecutions. Assessments to different rates may be in one rate book. Power to charge salar- ies to particular account. Agreement set forth in Schedule confirmed. 39. All damages and penalties by or under this Act, the recovery whereof is not otherwise expressly provided for, may be recovered in manner provided for the recovery of penalties by ' ' The Public Heaith Act, 1848," and the Justices by whom any penalty or forfei- ture for any offence under this Act shall be imposed shall, where the application thereof is not otherwise provided for, award the same to be paid to the Local Board. [The Public Health Act, 1875, repealed the Public Health Act, 1848, as to substituted provisions, vide sec. 313 of the former Act.] 40- It shall be lawful for the Local Board, except as is by this Act otherwise expressly provided, to direct any prosecution for any public nuisance whatever which shall l^e committed or suffered within the limits of this Act, and to order proceedings to be taken for the recovery of any penalties, and for the punishment of any persons offending against the provisions of this Act or any other Act relating to the district, and to direct and order the expenses of such prosecution or other proceedings to be paid and borne by and out of the General District Eate. 41. The Local Board may include in one Piate Book the Assess- ments to all or any of the rates which they are authorized to levy. 42. The Local Board may from time to time, as they think fit, direct to what particular or special account the salaries or wages of all or an}' of their officers or servants shall be charged, and ma}', if they think fit, direct that the salary or wages of any officer or servant may be charged partly to one account and partly to another account ; and such salaries and wages shall be charged to and paid out of such accounts accordingly. 43. The agreement between the Local Board of the first part, the honourable Charles Alexander Gore, a Commissioner of Her Majesty's Woods, Forests, and Land Eevenues, of the second part, and the Queen's most Excellent Majesty of the third part, a copy whereof is contained in the Schedule to this Act, is hereby confirmed. 27 & 28 Vict. The Wallasey Improvement cli. cxvii. 209 Act^im4:. Sec. 44— 45 44. Nothing contained in this Act, or in any of the Acts herein Saving- referred to, shall authorise the said Local Board to take, use, or in I'jghts of any manner interfere with any land, soil, tenements, or heredita- ments, or any rights of whatsoever nature belonging to or enjoyed or exerciseable by the Queen's most Excellent Majesty in right of her Crown, without the consent in writing of the Commissioners for the time being of Her Majesty's Woods, Forests, and Land Eevenues, 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 the said Act or Acts contained divest, take away, prejudice, diminish, or alter any estate, right, privilege, power, or authority vested in or enjoyed or exercise- able by the Queen's Majesty, her heirs or successors. 45. All the costs, charges, and expenses of and incident to the Expenses of preparing, obtaining, and passing this Act, or incident thereto, shall '^'^^■ be paid by the Local Board. The SCHEDULE referred to iu the foregomg Act. An Agreement made the twenty-seventh day of May, one thousand eight hundred and sixty-four, between the Wallasey Local Board, of the first part ; the Honourable Charles Alexander Gore, the Com- missioner of Her Majesty's Woods, Forests, and Land Revenues in charge of the Land Revenues of the Crown in the County of Chester, of the second part ; and the Queen's most Excellent Majesty of the third part. Whereas the said Wallasey Local Board are promoting a Bill in Parliament to enable them to erect a pier or landing stage, in substi- tution of the present pier or landing stage, on certain lands, including a portion of the foreshore of the Kiver Mersey, at New Brighton, in the County of Chester, belonging to Her Majesty in right of her Crown : And whereas the said Board have applied to the said Charles Alexander Gore, as such Conunissioner as aforesaid, for the grant of a new lease of a part of the foreshore aforesaid, for the purposes contemplated by the said Bill : Now, therefore, it is hereby agreed between tiie Wallasey Local Board and the Queen's most Excellent Majesty, and between the said Charles Alexander Gore, as such Commissioner as aforesaid, and the Wallasey Local Board, as follows : 1. The said Wallasey Local Board, in consideration of the grant of a lease by the Crown, as in this agreement provided, shall with 210 ll&'l^Vid. TlieWallaseij Iviiyrovement ch. cxvii. Schedule, the consent of the Commissioners of Her Majesty's Treasury surrender to Her Majesty on or before the tenth day of October next the Crown lease of the Pier at New Brighton in the County of Chester, granted to Messieurs William Eushton Coulborn and Edward Warburton Coulborn, and dated the Twenty-ninth day of December, one thousand eight hundred and fifty-one, and the enti ety of the hereditaments comprised in such lease ; and also such part or parts of the several pieces of land, parts of the foreshore of the said Eiver Mersey, held by the Board under an agreement between the Crown and the said William Eushton Coulborn and Edward Warburton Coulborn, and dated the fourth day of October, one thousand eight hundred and fifty-nine, and under a lease from the crown, dated the third day of July, one thousand eight hundred and sixty-two, as may be wanted for the purpose of being included in the lease hereinafter agreed to be granted to the Wallasey Local Board. 2. The said Charles /Alexander Gore, as such Commissioner as aforesaid, or other the Commissioner or Commissioners of Her Majesty's Woods, Forests, and Land Eevenues for the time being in charge oi the land revenues of the crown in Chester, hereinafter called the said Commissioner or Commissioners, with the consent of the Commissioners of Her Majesty's Treasury will grant, and the Wallasey Local Board will accept, a lease from the crown of such part of the foreshore of the Eiver Mersey as may in the opinion of the said Commissioner or Commissioners be necessary for the purpose of enabling the said Board to construct the pier or landing stage aforesaid wherever the same may be placed, within the limits of deviation as set down in the plans deposited by the said Board in connexion with the said bill, and which limits of deviation are shown iDy the dotted lines in the plan drawn in the margin of this agreement, and also such portion of the said foreshore between high-water to low-water mark on the south side of the proposed pier or landing stage as shall measure fifty yards in l^readth therefrom, and also such portion of the said foreshore between high and low water mark on the north side of the said proposed pier or landing stage as shall measure fifty yards in breadth therefrom, the last-mentioned piece of land to be limited however by the southern boundary of that part of the said foreshore which is under lease from the crown to WilHam Eowson, now deceased ; the said lease shall also include the rights of ferry or passage between New Brighton and the Lancashire shore now enjoyed by the Local Board. 3. The said lease so to be granted by the said Commissioner or Commissioners as aforesaid shall be for a term of seventy-five years from the tenth day of Oetol^er next at an annual rent of fifty-four pounds : provided always, that if the land included in the said lease shall be larger in quantity than what is included in the area bounded by the limits of deviation, a corresponding and proportionate addition shall be made in the rent to be reserved under the said lease, the amount of such proportionate addition to he settled l^y John Stewart, Esquh'e, of Liverpool, if he shall then be alive and wilhng to act, or otherwise b}' a surveyor to be named by the said Commissioner or Commissioners. 27 & 28 Vict, The Wallasey Imjvovement ch. cxvii. 211 Act, 1864. 4. The said Board shall be allowed five years from the commence- Schedule. ment of the said term to remove the present pier and landing stage at New Brighton, and shall enter into a covenant to construct, after such removal, and within the same period, a new pier or landing stage, according to plans to be previously approved of by the said Commissioner or Commissioners. 5. The lease shall contain covenants binding the lessees to main- tain the pier or landing stage, and such other covenants and clauses as are usually inserted in crown leases of a similar nature. 6. The rents reserved by the agreement of the fourth October one thousand eight hundred and fifty-nine and the lease of the third July one thousand eight hundred and sixty-two are not to be reduced, nor are the covenants, pi'ovisoes, or agreements therein respectively contained to be affected, although portions of the land demised by them respectively may be surrendered. 7. The surrenders and new lease are to l^e prepared by the solicitor to the said Commissioner or Commissioners, at the expense of the said Wallasey Local Board, who are also to pay the costs of this agreement. 8. The Local Board shall not call for the production of any title to the land to be included in the said lease. 9. This agreement to be subject to the said Bill so promoted by the said Local Board passing into an Act, otherwise to be void and have no effect : and the said Charles Alexander Gore doth hereby direct that this deed shall be deemed to be fully and sufficiently enrolled by the deposit of a duplicate thereof in the office of the land reveiiue records and enrolments, and the filing or making an entry of such deposit by tlie keeper of the said records and enrolments. In witness, &c. The common seal of the said Board was affixed | in the presence of j H. A. Ewer. Law Clerk to the said Board, pro tern. Charles A. Gore, i ^•^- j Signed, sealed, and delivered by the within-named) Chai'les Alexander Gore, in the presence of ) Horace Watson, Office of Woods, London. 30 & 31 Vict. Session 1867. L/ft* L/JuJuJuLvu TEE WALLASEY IMPROVEMENT ACT, 1867. (30 cf 31 Vict. ch. 132.) AERANGEMENT OF SECTIONS. Pi'eamble. section. Short title .. . ... ... ... ... ... ... .. 1 Interpretation ... ... ... ... ... ... ... 2 Incorporation of general Acts ... ... ... ... ... 3 Same meanings ... ... ... ... ... ... ... 4 Act to be executed by Local Board ... ... ... . . 5 Power to lay down street tramways ... ... ... ... 6 For securing communication over the permanent embankment across the eastern end of the Great Float... ... ... 7 Power to sewer into marginal sewer of Mersey Docks and Harbour Board ... ... ... ... ... ... 8 Extension of gas works ... ... ... ... ... ... 9 Moneys received under this Act for gas rents, &c., to be carried to Wallasey Lighting Account ... ... ... ... 10 Security for payment of gas and water rates and charges ... 11 Justice may determine nature of secui'ity ... ... . . 12 Maximum price of gas ... ... ... ... ... ... 13 Quality of gas ... ... ... ... ... ... ... 14 Power to make regulations as to supplying water and gas ... 15 Power to compel owners of houses to take and pay for supply of water to houses if not otherwise supplied ... ... 16 Gas and water rents to be paid quarterly ... ... ... 17 Power to compound with owners for water rents ... ... 18 Cessor on 1st January, 1868, of ferry tolls under Act of 1858.. 19 Ferry tolls after 1st January, 1868 20 Ferry tolls to be charged equally ... ... ... ... 21 Ferries to be free on payment of tolls ... ... ... ... 22 so & 31 Vict. The Walla^e/j I}nproi)ement cli. cxxxii. 213 Act, 1867. SECTION. Sections of the Acts of 1858 and 1864 applicable to ferry tolls 23 Power to provide goods accommodation in connexion with ferries 24 Time and place for payment of ferry tolls ... ... ... 25 Penalty on persons using steam-boats without paying toll ... 26 Persons may be prevented from using ferry on refusal to pay toll 27 Bye-laws as to tramways and ferries . . ... ... ... 28 Provisions of Act of 1858 to relate to bye-laws under this Act 29 Power to borrow for purposes of Act ... ... ... ... 30 Priority of former mortgages ... ... ... ,.- .. 31 Provisions of 11 and 12 Vict., c. 63, and 21 and 22 Vict., c. 98, to apply to mortgages ... ... ... ... ... 32 Certain sections of Act of 1864 to apply to mortgages under this Act ... ... .. .., . . ... ... 33 Power to issue coupons for interest on mortgages, and to invest moneys in hands of Local Board ... ... ... 34 Payment of Coupons ... ... ... . . ... ... 35 Estimates for General District Eates to include sums charged thereon ... ... ... ... . . , . ... 36 Eepeal of Act of 1864, section 21, as to application of moneys borrowed under that section ... ... ... ... 37 Kates to be parochial rates within section 156 of "Bankruptcy Act, 1861." 38 Power for inspector of nuisances to certify under the " Nuisances Eemoval Act, 1855," as to overcrowding of houses ... ... ... ... ... ... ... 39 Interest in contract or liability to rates not to disqualify justices 40 Power to pay police officers in connection with ferries, &c. ... 41 Payment of expenses of legal proceedings against Local Board, &c ... ... 42 Eecovery and application of penalties ... ... ... ... 43 Penalties not cumulative... ... ... ... ... ... 44 Saving rights of Local Board ... ... ... ... ... 45 Expenses of Act ... ... ... ... ... ... ... 46 Schedules. 214 SO & 31 Vict. The Wallasey Tmprovemeat ch. cxxxii. Ad, 18(37. AN ACT for making further Provision with respect to the Ferries of the Wallasey Local Board, and to empower them to extend their Gasworks and to raise further Monies ; and for other Purposes. |"15th July, 1867.] 8& evict. WHEEEAS by " The Wallasey Improvement Act, 1845," (in this ch. vi. Act called " the Act of 1845,") Commissioners were appointed, and provision was made for the paving, lighting, watching, cleansing, and otherwise improving so much of the Parish of Wallasey as was 16 & 17 Vict, within the limits of that Act : And whereas by " The Public Health ch. 24. Supplemental Act, 1853, No. 1," and the Provisional Order relating (Public) ^Q Wallasey, parts of the Act of 1845 were repealed, and the unrepealed powers thereof were transferred to and vested in the Local Board of Health for the District of Wallasey (who were afterwards incorporated under the name of the Wallasey Local Board, and are in this Act called " The Local Board "), and " The Public Health Act, 1848," and the unrepealed powers of the Act of 1845, were applied to the District of Wallasey as defined by the 21 & 22 Vict Pi'ovisional Order: And whereas by " The Wallasey Improvement ch. Ixiii. Act, 1858," (in this i\ct called the Act of 1858,) the Local Board were empowered to construct waterworks and gasworks for the supply of their district with water and gas, and powers were conferred on the Local Board for the leasing or purchasing of the Ferries called respectively " New Brighton Ferry," " Seacombe Ferry," and " Egremont Ferry," and for the providing of steamboats and other things necessary for the working of the Ferries : And 24 t 25 V t '^v^^i'®'''''^ by " The Wallasey Improvement Act, 1861," (in this Act ch. iv. called " the Act of 1861,") and " The Wallasey Improvement Act, 1864," (in tliis Act called " the Act of 1864,") further powers were conferred on tlie Local Board, and by the Acts of 1858, 1861, and 1864, or some or one of them. New Brighton, Seacombe, and Egremont Ferries, and the works connected therewith respectively, are worked and managed by the Local Board : And whereas it is expedient that the rates and tolls with respect to Ferries be altered and amended : And whereas it is expedient that section 52 of " The Mersey Docks and Harbour (Works) Act, 1858," relating to the levying of tolls by the Mersey Docks and Harbour Board at the Duke Street Bridge, be temporarily repealed : And whereas, under the Act of 1858 the Local Board have constructed gasworks, and are now supplying gas within their district, and the demand for gas there is greatly increasing, and the present gas works are insufficient, 30 & 31 Vict. The Wallaaey hnprovement cli. cxxxii. 215 Ad, 1867. and it is expedient that the Local Board l)e authorized to extend their Sec. 1 — 2 present gaswoi'ks, and for that purpose to purchase lands and to borrow further monies : And whereas the amount owing by the Local Board on mortgage of the Wallasey Lighting Account is eighteen' thousand five hundred pounds or thereabouts : And whereas l)y the Act of 1864 (section 21) the Local Board w^ere authorised to borrow on mortgage of " The Wallasey Ferries Account," and of the Ferries and other property therein mentioned, and also (as a collateral security) of the General District Eate, any sums not exceeding in the whole forty-five thousand pounds, of which not exceeding fifteen thousand j)ounds was to bo applied towards the New Brighton Pier, and not exceeding twelve tliousand pounds for the pin"chasc of steamboats, and the surplus of either sum was to be applied in making good any deficiency in the other sum, and the residue of the said sum of forty-five thousand pounds, and any surplus of the aggregate of the said sums of fifteen thousand pounds and twelve thousand pounds which might remain, was to be applied for the purposes of Seacombe and Egremont Ferries : And whereas the Local Board have constructed and opened the new Pier at New Brighton, but the same is not yet completed, and the amount already expended thereon by the Local Board (being part of the said sum of forty-five thousand pounds) is about twenty-one thousand pounds, and a further expenditure will be requisite for the completion of the Pier and works connected therewith, and it is expedient that section 21 of the Act of 1864 be amended and the Local Board be authorized to expend on the New Brighton Pier and Works, and for steamboats in connexion with all or any of their Perries, so much of the residue of the forty-five thousand pounds as they deem expedient : And whereas the objects of this Act cannot be attained without the authority of Parliament ; May it therefore please your Majesty that it may be enacted ; and he it enacted Ijy the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows ; (that is to say,) 1. This Act may for all purposes be cited as " The Wallasey Short Title Improvement Act, 1867." 2. Ill the Act the following words and expressions have the Intci-preta- meanings hereby assigned to them, unless there be something in the *'°'^ °f subject or context repugnant to such construction, that is to say, i^ci-ms. The expression "the Local Board" means the Wallasey Local Board : The expression "the district" means the district of the Local Board : The expression "the Public Health Acts" means and includes "the Public Health Act, 1848," and "the Local Government Act, 1858," and "the Local Government Act, 1858, Amend- ment Act, 1861," and the several present and future Acts supplemental to or amending those Acts respectively, and Avhich from time to time arc in force and applied to the Local Board or the district 216 Sec. 3—7 8 & 9 Vict, ch. 18., 10 & 11 Vict, ch. 15, and 23 & 24 Vict. ch. 106, incorporated. 30 & 31 Vict. Same mean- ings to words in incorporated Acts as in this Act. Act to be executed by Local Board. Power to lay down street tramways. For communi- cation over the perma- nent em- bankment across the eastern end of the Great Float. The Walla.se/j iDiprooemeni Act, 1867. ch. \JtAjJuJu vL» 3. "The Lands Clauses Consolidation Act, 1845," and "The Lands Clauses Consolidation Acts Amendment Act, 1860," and "The Gasworks Clauses Act, 1847," (except the provisions thereof with respect t(y the amount of profit to be received by the undertakers when the gasworks are carried on for their benefit,) shall (except where expressly excepted or varied by this Act) be incorporated with and form part of this Act, and in construing those Acts in connexion with this Act the expressions " the undertakers " and " the promoters mean respectively the Local Board. of the undertaking 4. In this Act the several words and expressions to which mean- ings are assigned by the Acts wholly or partially incorporated with this Act have the same respective meanings, unless there be some- thing in the subject or context repugnant to such construction : Provided always, that the expression " Superior Courts" or " Court of competent Jurisdiction," or any other like expression in this Act or any Act wholly or partially incorporated with this Act, shall be read and have effect as if the debt or demand with respect to which the expression is used were a common simple contract debt, and not a debt or demand created by statute. 5. This Act shall be executed by the Local Board, with the powers and indemnities and according to the provisions of "The Public Health Acts," and those Acts shall, in relation to the Local Board, and the several objects and purposes of this Act, be read and con- strued as if the purposes and provisions of this Act were purposes and provisions of the Public Health Acts, so far as the same shall be applicable thereto, and except so far as any of the provisions of the Public Health Acts are expressly varied, altered, or otherwise provided for by this Act. 6. The Local Board may from time to time lay down, maintain, and renew in and upon such streets or roads within the district as they may think fit (not being streets or roads vested in the Mersey Docks and Harbour Board) iron or other rails, plates, or trams for the passage of carriages or waggons to be moved by horse power, and may remove the same when they think fit : Provided always, that any such rails, plates, or trams shall be laid along the middle of the street, and so that the upper surface of the rail, plate, or tram shall be even with the upj)er surface of the roadway, and shall offer no obstruction to the passage across or along the same of ordinary carriage traffic. 7. Notwithstanding anything in "The Mersey Docks and Harbour (Works) Act, 1858," contained, it shall not be lawful for the Mersey Docks and Harbour Board henceforth to demand or receive any toll for the use of the Duke Street bridge, and the road through the Docks and Works of the Mersey Docks and Harbour Board, over the Duke Street embankment, unless and until the said Mersey Docks and Harbour Board shall have completed and opened for the passage of passengers, carts, carriages, vehicles, and animals a road or public thoroughfare over the embankment by that Act authorized, and therein described as a "permanent Embankment across the eastern end of the Great Float," (including the bridges connecting the various portions of such eml^ankment,) and arrangements have been made for establishing the same communication over such embankment as so & SI Vicf. The Wallase// Imjjiovement cli. cxxxii. 217 Act, 1867. aforesaid, for the passage between Seacombe and Birkenhead of such Sec. 8 — 9 traffic as aforesaid, as the communication for tlie pubHc over the quays at Liverpool, so far as the circumstances of the case will permit ; and if any difference arise between the Local Board and the Mersey Docks and Harbour Board as to the sufficiency of the com- munication and accommodation from time to time provided and maintained by the Mersey Docks and Harbour Board in pui'suance of this section, such difference shall be determined by an arbitrator to be agi'eed upon between the parties, or, in default of agreement, to be, on the application of either party, appointed by the Board of Trade, and his decision may be made a rule of any of the superior Courts, on the application of either party. 8. And whereas the Mersey Docks and Harbour Board have Power to constructed in the district of the Local Board a marginal sewer on sewer into the northern side of the Great Float, for the purpose of receiving the marginal drainage which would otherwise have flowed into the pool converted i\xersev Docks into a dock, and now called the Great Float : Therefore the Local and Harbour Board from time to time, under the superintendence of the Engineer Board. of the Mersey Docks and Harbour Board, at their own expense, may cause to branch into and to communicate with the said marginal sewer, at such points or places as the Local Board from time to time require, any one or more sewer or sewers for the purpose of discharging the sewerage of all or any part of the district into the said marginal sewer : Provided always, that the Local Board shall not interfere with the road along which the said marginal sewer is carried further or otherwise than may be necessary for the purposes of this present enactment ; and every such interference shall be under the superintendence aforesaid ; and the Local Board shall, at their own expense, make good and restore any damage or disturbance occasioned to the said road or the surface thereof. 9. Subject to the provisions of this Act, the Local Board may Extension of from time to time acquire by agreement, for the purposes of the Gasworks, gasworks, all or any part of the lands described in schedule (A) to this Act, and may from time to time, on all or any part of such lands, make and maintain all such gasworks, buildings, gasometers, and apparatus, with approaches thereto, for the manufacture, storage, and supply of gas, and may do all such other acts as they think necessary for manufacturing and storing gas ; and the Local Board from time to time may, by means of the gasworks to be made and maintained by them under this Act, and also of the gas- works authorized ])y the Act of 1858, supply gas within the limits of the Act of 1858 ; and the powers and provisions of the Act of 1858 contained in sections 17 to 26, both inclusive, of that Act, shall apply to the gasworks authorized by this Act, as well as the gas- works authorized by the Act of 1858 : Provided always, that the Local Board shall not make or store gas on any lands other than the lands which are described in the said schedule (AJ, or the lands on which the Local Board are now authorized to make or store gas, and which are described in schedule (B) to this Act. [This section is altered and amended by The Wallasey Order (No. 1), 1877, art. 5, and The Wallasey Order, 1892, art. 1, which confer powers for further extensions.] 218 Sec. 10— 14 Monies received under this Act for gas rents, &c., to be carried to Wallasey Lighting Account. 30&31 Vict. The Wallasey Iiiiprovement Act, 1867. ch cli. cxxxii. Security for payment of gas and water rates and charges. 10. All monies which shall come to the hands of the Local Board in respect of gas supplied by them from or by means of the gas- works by this Act authorised, or of coke, or of other residuum arising from those gasworks, and disposed of by the Local Board, and in respect of any penalties recovered under this Act, or under the " Gasworks Clauses Act, 1847," with reference to those gasworks or the gas so supplied, shall form part and be applicable as part of the " Wallasey Lighting Account" mentioned in the Act of 1858. [Vide The Wallasey Improvement Act, 1858, sees. 29 and 30.] 1 1. Any person having or requesting to have a supply of gas or water from the Local Board, and any person having or requesting to have gas or water fittings and pipes provided or let on hire by the Local Board, shall, if and when so required by the Local Board or their Treasurer, and before such person is entitled to have the fittings or pipes provided and laid, or to have a supply of gas or water provided or let on hire or continued, give to the Local Board such security for the payment of the rate or charge for the gas or water to be supplied to him, and for the fittings and pipes, as he and the Local Board or such Treasurer shall agree on, or as, failing agreement, shall be determined in the manner by this Act provided ; but the Local Board shall not at any time be entitled to discontinue the supply of gas or water to any such person then having a supply, or to discontinue the letting on hire of such fittings or pipes to any such person, unless otherwise expressly authorized by the Act of 1858, or this Act, or any Act wholly or partially incorporated with those Acts, or either of them, until such person shall have failed to give the seciu-ity for seven days after the same shall have been agreed on or determined as aforesaid. Justice may determine nature of security. 12. Where any such person and the Local Board do not agree on the security to be given, the same shall be determined by a Justice ; and any single Justice shall, on the application of the person and the Local Board, or either of them, determine the nature and amount of the security to be given, and the security may be the deposit with the Local Board of a sum of money or any other security which the Justice thinks suflicient and reasonable, and the determination of the Justice shall be binding on all parties. Maximum 13. Notwithstanding anything in the Act of 1858, the maximum price of gas. price at which gas shall be sold by the Local Board to all persons who shall burn the same by meter shall not exceed live shillings and sixpence per thousand cubic feet. [Vide The Wallasey Improveinent Act, 1858, sec. 22.] Quality of gas. 14. Notwithstanding anything in the Act of 1858, all the Gas supplied by the Local Board shall be of such quality as to produce from an argand burner having fifteen holes and a seven-inch chimney, or other approved burner and chimney, and consuming five cubic feet of gas per hour, a light equal in intensity to the light produced by fourteen sperm candles of six to the pound, burning one hundred and twenty grains per hour ; and the 25tli and 26th sections of the Act of 1858 shall be read and have effect as if the illuminating pow'cr prescribed by that Act had been such as is prescribed by this Act. [FiVZc The Wallasey Improvement Act, 1858, ss. 23, 25 and 26.] so & SI Vict. The WaUaseij Improvement ch. cxxxii. 219 Act, 1867. Sec. 15— 18 15. Subject to the provisions of this Act, the Local Board from Power to time to time may make and enforce such reasonable bye-laws or make regu- regulations as they think proper, with respect to the inspection and 1^*'°"^ as to control by them or their officers, of the laying down or fixing of wateranlgas. water and gas pipes and fittings in or in connexion with all present and future houses or buildings within the district, and also for the more effectually preventing, controlling, or regulating all interference with the pipes, plugs, stopcocks, and other apparatus connected with their waterworks and gasworks respectively, or their water or gas mains or pipes, for the supply by the Local Board of water and gas respective!}', or the mode or duration of such supply, and if and whenever any of those regulations are not observed by any person having or requiring a supply of water or gas, the Local Board may cut off the water or gas supplied by them, or refuse to supply water or gas to him, unless and until the regulations be complied with. IVicle The Wallasey Local Board Act, 1890, sec. 70.] 16. If it shall appear to the Local Board, on the report of their Power to Inspector of Nuisances, that any house within the district is without compel a proper supply of water, they may give notice in writing to the j!^^"*^'^^*' f° owner of such house requiring him within one month to do all such take and pay work as may be necessary for obtaining such supply from the works for supply of of the Local Board; and if such notice be not complied with the ^^'^'^c'^' t^^ Ijocal Board may, if they think fit, do such works, and recover the Pj^"?'';- '^ ^°^ expenses thereof from the owner of the premises in like manner as supplied. water rate or rents are recoverable under the Act of 1858 and this x\ct respectively ; provided no owner shall be compelled to carry his pipes to any main where the same shall be more than twenty yards distant from the house to be supplied ; and the water rent for the supply of water to any such house, not exceeding the annual value of thirteen pounds, shall 1)C due and payaljle by the owner, or, at the the option of the Local Board, the occupier thereof, and may be recovered by the Local Board as if such owner or occupier had contracted with the Local Board for the supply of such water. 17. All the rates, rents, and monies payable to the Local Board Gas and for the suppK- of water shall be payable in advance qviarterly on ^ater rents to the first day of .January, the first day of April, the first day of July, nuai-tcrl -■ and the first day of October in everj- year, and fhe first payment of such rates, rents, or monies under this Act shall be made on such one of the said quarterly days as shall first happen after the passing of this Act, and shall be payable in respect of tbe quarter commencing with that quarterly day : Provided always, that all rates, rents, and monies for the supply of water by the Local Board up to that quarterly day shall be payable to and recoverable by them as if this Act were not passed. [This section refers to Water onl)', although the marginal heading includes Gas. 2 18. Where the annual value of any house supplied with water by Power to the Local Board does not exceed the sum of thirteen pounds, the compound Local Board from time to time may compound with the owner of J'^^. ^vater^°^^ such house for the payment of all or any of the water rates or rents rents. for the time being payable for the supply of water to such house, and to any other houses of tbe same owner not exceeding the annual 220 30&31 Vict. The Wallasey Improvement ch. cxxxii. Act, 1867. Sec. 19 — 23 value of thirteen pounds each, upon such reduced estimate of the annual value of the house or houses so supplied as the Local Board deem reasonable, not being less than two thirds or more than four fifths of such annual value. IVide The Wallasey Local Board Act, 1890, sec. 72.] Cesser on 1st 19. The several ferry tolls leviable and payable under the Act of January, 1858 shall continue and be leviable and payable until the first of 1 SfiR of • . ^ * ferrv tolls January one thousand eight hundred and sixty-eight, and shall then under Act of cease to be levied, but without prejudice to the recovery by the Local 1858. Board of any tolls theretofore payable. Ferry tolls 20. On and after the first day of January one thousand eight after 1st hundred and sixty-eight, the Local Board from time to time may 1868 '^' demand and receive, for the use of any ferry for the time being purchased or leased by or belonging to the Local Board, and for the conveyance of passengers, animals, and goods in any steam or other boat for the time being belonging to or provided by the Local Board, any tolls (in this Act called "Ferry Tolls,") not exceeding the sums mentioned in schedule (C) to this Act annexed, and the monies arising therefrom shall be carried to the Account mentioned or referred to in the Act of 1858 as the " Wallasey Ferry Account." Ferry tolls to 21. The ferry toUs shall be at all times charged equally to all be charged persons and after the same rate in respect of all passengers and ^1'^^'^ y- goods, animals, or carriages of a like description conveyed in the same class of steamboats, and under the like circumstances, and no reduction or advance in any such tolls shall be made, either directly or indirectly, in favour of or against any particular company or person using the ferry. [_Vide The Wallasey Improvement Act, 1853, sec. 40 ; and the Wallasey Improvement Act, 1864, sec. 16.] Ferries to be 22. The Local Board shall not at any time demand or take a free on greater Ferry toll or make any greater Qharge for ferryage than the Foil™^" ° amounts specified in the schedule (C) to this Act ; and upon payment of the tolls from time to time demandable all persons shall be entitled to use the Ferry in respect of which such toll is demandable, subject nevertheless to the regulations to be from time to time made by the Local Board by virtue of the powers in that behalf conferred upon them by the Acts of 1858, 1861, and 1864, and this Act respectively. [^Vicle The Wallasey Improvement Act, 1858, sec. 41 ; as to Eegulations, sees. 51 to 59 of the same Act , power to alter Ferry tolls : The Wallasey Improvement Act, 1864, sec. 16.] Sections of 23. Sections 42 to 44, both inclusive, and 46 to 50, both inclusive, the Acts of Qf (.|^g \^Q^ Qf 1858, with respect to the levying, recovery, and applicable to collection of Ferry tolls, and section 16 of the Act of 1864 relating ferry tolls. to the alteration of Ferry tolls, shall be incorporated with this Act, and shall be applicable to the Ferry tolls authorized to be levied under this Act, and as if the same were Ferry tolls authorized to be levied under the Acts of 1858 and 1864, or either of them. so & 31 Vict. The Wallasey Improvement ch. cxxxii. 221 Act', 1867. Sec. 24— 27 24. In connexion with their Ferries, the Local Board from time Power to to time may erect and provide such warehouses, sheds, and other P'^'ovide goods buildings, works and conveniences as they think necessary for the tioirh"c*oi>" storage and accommodation of animals and goods, and for the nexion with loading and unloading of animals and goods, and may provide ferries, and employ carts, waggons, and vehicles, and horses, for the cartage and carriage of animals and goods to and from their Perries, from and to any part of the district, and may make such reasonable charges as they think fit for all or any of the accommodation and services so provided or performed, and the amount of such charges shall be recoverable in like manner as Ferry tolls. 25. The Local Board may demand and take the Ferry tolls on Time and either side of the River Mersey at such times, either before using the f ^^^^ °\ . Ferry or entermg the steam or other boat, or durmg the user oi fen-y tolls. the Ferry or the conveyance on the steam or other boat, or innne- diately thereafter, as the Local Board from time to time direct, and, subject to the consent of the Mersey Docks and Harbour Board, may erect a bar, box, or other suitable building for the reception of such tolls on any land or property of the said Board which they may be willing to allocate for that purpose. 26. If any person travel or attempt to travel in any steam or Penalty on other boat provided l)y the Local Board in connexion with their persons using Ferries without having previously paid the Ferry toll which shall steamboats have been demanded from him, and be payable by him under this paying tolls Act, every such person shall for every such offence forfeit a sum not exceeding forty shillings. [F/f/e also The Wallasey Improvement Act, 1858, sec. 46, and The Wallasey Improvement Act, 1872, sec. 15.] 27. If tlie Ferry toll payable by any person desirous of using the Persons may Ferry, or of being conveyed on any steam or other boat provided by f^.^j^ using the Local Board, be demanded from him before using the Ferry or ferry on entering the steam or other boat, and such person shall, after demand refusal to pay from him of the Ferry toll payal)le for such user or conveyance, *'°^^- (such demand being made by any collector or other person appointed to receive the same toll,) knowingly and wilfully refuse or neglect to pay the same or any pait thereof, the collector or other person so appointed may refuse to permit the person so in default to use the Ferry or enter the steam or other boat in respect of which the toll ought to be or to have been paid, and may by himself, or with such assistance as he shall think necessary, stop and prevent the person so in default from using the Ferry or entering the steam or other boat ; and every person who, having been so refused, shall use the Ferry or enter the steam or other boat, and shall refuse or neglect to pay his Ferry toll or any part thereof, shall for every such offence forfeit a sum not exceeding forty shillings, in addition to any penalty or forfeiture to which he may be otherwise liable imder the Acts of 1858 and 18G4 and this Act respectively for nonpayment of Ferry toll. [Extended and applied to persons refusing to produce contract or season tickets — The Wallasey Local Board Act, 1890, sec. 74.] 222 SO & 31 Viet. The Walla sey Tvi]irovement eli.cxxxii. AeU 18(37. Sec. 28— 31 Byelawsasto 28. The Local Board from time to time may make, alter, and tramways repeal such byelaws as they think expedient for all or any of the and lernes. ^ n i • i^ <■ n • /,i . • . \ purposes and objects toUowmg ; (that is to say,) For regulating the mode by which and the speed at which carriages using the tramways by this Act authorized are to be moved or propelled, and generally for regulating the travelling upon or the using and working of the same tramways : For regulating and controlling or preventing, if thought fit, the fastening or mooring of vessels or boats of ever}^ description to any of the piers, landing stages, stairs or works of the Local Board : For regulating and controlling the mooring and anchoring of vessels and boats of every description in the Eiver Mersey within one hundred yards of any of the piers, landing stages, stairs, or works of the Local Board, and for prescriliing the limits within which and the particular places within the said one hundred yards at which such vessels or boats shall be moored or anchored. [Application to Seacombe Ferry — The Wallasey Improvement Act, 1872, sec. 14.] SAct^of\°858 2®- Sections 52 to 59 both inclusive, of the Act of 1858, shall to apply ^PPb' ^o ^1' l)yelaws under this Act. Power to 30- In addition to the monies which the Local Board are borrow on empowered to borrow under the recited Acts or any of them, and the mortgage for p^)-,ii(j Health Acts or any of them, they may from time to time ^^^^ ' borrow on mortgage of the security mentioned in the Act of 1858 as " The Wallasey Lighting Account," and of the gasworks for the time being vested in or JDelonging to the Local Board under the Act of 1858 or this Act, and also, if the Local Board think fit, (as a collateral security,) of the General District Rate to be made and levied under the Pul^lic Health Acts or any of them, any sums not exceeding in the whole twenty thousand pounds, which sums shall be applied, first, in payment of such part as the Local Board think fit of the costs, charges, and expenses of and incident to the pre- paring, obtaining, and passing this Act, or otherwise in relation thereto, secondly, in the construction, alterations, and extension of the gasworks, and the pipes, works, and conveniences connected therewith authorized by the Act of 1858 and this Act, or either of them. [^Vicle The Wallasey Improvement Act, 1858, sec. 29. For further Borrowing Powers — Gas : Vide The Wallasey Order (No. 1,) 1877, art. 2. The Wallasey Order, 1883, art. 1. The Wallasey Order, 1892, art. 2. The Wallasey Order, 1896, art. 1. The Wallasey Order, 1898, art. 1.] Priority of 31. All mortgages granted under the Acts of 1858, 1861, and former 1864 respectively, and subsisting at the time of the passing of this moitgages. ^^^^^ shall during the continuance thereof respectively have, with so & SI Vict. The Wallafieij Improvement ch. cxxxii. 223 Act, 1867. '3 respect to the rates, properties, and securities comprised therein Sec. 32 — 35 respectively, priority over all mortgages granted under this Act on the same rates, properties, and securities respectively ; and all mort- gages granted and to he hereafter granted by the Local Board under the autliority of tlie Public Health Acts or any of them shall respec- tively liave priority over all mortgages granted under this Act on the collateral secuinty of the General District Eate, so far as relates to such collateral seciirity. [Altered and amended by The Wallasey Order, 1883, art. 9.] 32. The sections of the "Public Health Act, 1848," 111, 112, Provisions of and lil, and the schedules (B.) and (C.) to that Act, and section 57 JJ^J^^J'^' of the " Local Government i\ct, 1858," shall be applicable to the 21 & 22 Vict mortgages to l)e made by the Local Board under this x\ct. ch. 98 to apply to [The "Public Health Act, 1848," and the " Local Government mortgages. Act, 1858," were repealed by the "Public Health Act, 1875," sec. 313 of which relates to sul)stituted sections.] 33. Sections 25, 26, and 27 of the Act of 1864 with respect to Certain the reliori'owing of money, the surrender of mortgages, and the time A^'l^^T^i^np^ ^ for paying oft" borrowed money, shall lie applicable to the mortgages ai^niy to to be made by the Local Board under this Act, and to the monies to mortgages be bori'owed under this Act. under this Act. [As to priority vide. The Wallasey Order, 1883, art. 9. Provisions for i-epayment and sinking fund in the Wallasey Order, 1883, arts. 4 and 7.] 34. The Local Board from time to time, if and when they think Power to fit, may issue to the mortgagees from time to time of the Local i'^^H^ coupons Board under the recited Acts and this Act or any of them, or undei" on mortoaoes the Public Health Acts or any of them, coupons for the interest and to mvest from time to time to fall due on their respective mortgages, and monies in the coupons may be in such form as the Local Board from time to J^ands of time think fit, so as every coupon refer to the mortgage to which it °^^ °^^ ' relates, and specifies the amount and time of payment of one half year's interest to fall due on the principal monies secured by tlie mortgage and be authenticated by the signatures of two persons thereunto expressly authorized l)y th(! Local Board, and the Local Board fi-om time to time may invest in govei-nmont or parliamen- tary securities, or in deposit accounts with their bank('rs, any monies from time to time in their hands under the recited Acts, and this Act respectively, or the Public Health Acts. 35. 0" the presentation to the treasurer or the bankers for the Payment of time being of the Local Board of any coupon issued under this Act, coupons. he or they may pay to the person presenting the coupon the amount of interest thereon expressed and appearing by the coupon to be then due and payalile (after deducting the income or property tax then payable,) and on the audit of the treasurer's or bankers' accounts the coupon shall be accepted as a sufficient warrant for such payment by him or them : Provided always that the treasurer or bankers sliall not be bound, unless he or they think fit, to make any payment of 224 30&31 Vict. The Wallasey Imj)rov em en t ch. cxxxii. Act, 1867. Sec. 36— 38 interest beyond the amount of the monies of the Local Board then in his or their hands, and appHcal^le in that behalf. Estimates for 3g^ The deficiency (if any) from time to time in the Wallasey McrRatesto Waterworks Account, the Wallasey Lighting Account, and the include sums Wallasey Ferries Account, respectively referred to in the Act of charged 1858, whether under that Act or the Acts of 1861 and 1864, or thereon. either of them, or this Act, shall l)e iDorne and paid by the Local Board out of the General District Eate, and the amount of the General District Bates, and of the estimates of the money required for the purposes of the General District Eates, shall respectively include all monies required for payment of any such deficiency, and also of any monies from time to time due or accruing due for principal, interest, or sinking fund in respect of mortgages under the recited Acts and this Act, or any of them charged on the General District Eate as a collateral security, and for the payment of which the other securities (if any) comprised in such mortgages respectively shall be InsufBcient. Repeal of Act of 1864, sec. 21, as to application of inonies borrowed under that section. 37. Notwithstanding anything contained in the 21st section of the Act of 1864 with respect to the application of the forty-five thousand pounds by that section authorized to be borrowed, the Local Board may, if they think fit, apply the whole or any part of the said sum of forty-five thousand pounds in or towards the erection, construction, or maintenance of the pier or landing stage at New Brighton authorised by the Act of 1864, and the jetties, esplanades, toll gates, toll houses, works, and conveniences connected therewith, and in payment of such part as the Local Board think fit of the costs, charges, and expenses of and incident to the preparing, obtaining, and passing of this Act, or otherwise in relation thereto, and in the purchase or otherwise in connexion with the steam or other boats to be purchased or provided by them for the purposes of their ferries or any of them ; and the surplus not so applied shall from time to time be applied for the purposes of the Seacoml)e and Egremont Ferries respectively ; and the expenditure of the Local Board before the passing of this Act, on or in connexion with the New Brighton Pier and Works, in excess of the amount by section 21 of the Act of 1864 authorized to be expended in that behalf, is by this Act confirmed. Rates to be 33_ All rates and rents leviable by or payable to the Local parochial Board under the recited Acts or any of them, or this Act, or sec. 156 of the Public Health Acts or any of them, shall he deemed parochial " Bankruptcy rates within the meaning of section 156 of "The Bankruptcy Act, Act, 1861." 1861." [The Bankruptcy Act, 1861, was repealed by the Bankruptcy Eepeal and Insolvent Court Act, 1869 (32 & 33 Vict, ch. 83, sec. 201), which was in its turn repealed by the Statute Law Eevision (No. 2) Act, 1893 (56 & 57 Vict. ch. 54, sec. 1 and sched). For the present law relating to the priority of rates in the distribution of the property of a bankrupt or of the assets of a company being wound up, vide the Preferential Pavments in Bankruptcy Act, 1888, sec. 1 (51 & 52 Vict, (ch. 62), and 1897, sec. l'(60 & 61 Vict. ch. 19.)] 30&31T7c/. The WaUaseij Improremeut cli. cxxtH. 225 Act, 1867. Sec. 39— 45 39. Whenever the Inspector of Nuisances of the Local Board Power for shall certify to the Local Board that any house in the district is so Iii«pector of overcrowded as to he dangerous or prejudicial to the health of the ^^ certify inhabitants, the certificate of such inspector shall, with respect to mider the section 29 of "The Nuisances Removal Act, 1855," have the like " Nuisances effect, and the like proceedings shall be had under that section, as if Removal ^^ the same were a certificate of the Medical Officer of Health, or of to^^oVg],. ' '^^ two qualified medical practitioners referred to in that section. crowdino- of [The Nuisance Removal Act. 1855, was repealed (except as to London) by the Public Health Act, 1875, sec. 343 and sched V. ; vide sec. 313 of the latter Act as to substituted provisions.] houses. Interest in contract or 40. No person shall be incapable of acting as a Justice in the execution in any respect of this Act by reason of his being interested liability to in any contract under this Act for a supply of gas, or being liable rates not to under this Act to the payment of any i-ate, toll, or other money. disqualify JUSulCGS. 41. The Local Board from time to time may employ and may Power to pay pay monies to the Treasurer, Chief Constable, or other proper police officers officer of the County of Chester in respect of the employment of i" connexion such police constables as the Local Board think requisite in con- ^^^ ' nexion with and for the protection and for the preservation of order in the ferries, waterworks, and gasworks, and other property of the Local Board, and the expenses and monies so incurred or paid by the Local Board shall be paid l)y them, and be debited by them to the proper account. 42. All monies and expenses incurred by or imposed upon the Payment of Local Board, or any member, officer, or servant of the Local Board, expenses of in legal proceedings brought against the Local Board, or any such ctedines' member acting in his capacity of meml^er of the Local Board, or any against Local such officer or servant acting under the direction or in the service of Board, &c. the Local Board, may be paid l)y the Local Board, and if so paid shall be debited by them to the proper account. 43. All damages and penalties by or under this Act, or any Recovery and byelaw made under this Act, the recovery whereof is not otherwise application of expressly provided for, may be recovered in manner provided for the recovery of penalties by " The Public Health Act, 1848 ;" and the Justices l)y whom any pciualty or forfeitin-e foi- any offence under this Act shall be imposed shall (except where the Local Board shall be the party l)y whom the penalty has to be paid) award the same to be paid to the Local Board. [The Pubhc Health Act, 1848, repealed by the Public Health Act, 1875, and its provisions substituted by sec. 313 of that Act.] 44. Penalties imposed on the Local Board for one and the same Penalties not offence by several Acts of Parliament shall not be cumulative, and cumulative, for this purpose this Act and the Acts wholly or partially incorporated therewith shall be deemed several Acts. 45. Except as is by this Act otherwise expressly provided, this Saving rights Act or anything therein contained shall not take away, lessen, °^^°^^^ prejudice, or alter any of the jurisdictions, estates, rights, powers, or privileges of the Local Board. 226 f^O&^l Vict. The Wallasey Improvement cli. cxxxii. Sec. 46 ' xpenses of 40_ All the costs, charges, and expenses of and incident to the Act. preparing, obtaining, and passing this Act, or otherwise in relation thereto, shall he paid by the Local Board. SCHEDULES referred to in the foregoing Act. SCHEDULE (A.) All that field in the Township of Poulton-cum-Seacombe bounded on the south ))y the existing gasworks and waterworks of the Local Board, on the south-west by Dock Eoad, on the north in pai't by an occupation road, and in other part by a field, and on the east by a field. SCHEDULE (B.) All that piece or parcel of land in the Township of Poulton-cum- Seacombe, in the Parish of Wallasey, on which the existing Gasworks of the Local Board are constructed, lying on the north-east side of and adjoining the Dock Eoad near the junction therewith of Lime Kiln Lane, and bounded on the other three sides by land belonging or reputed to belong to and in the occupation of Salusbury Kynaston Mainwaring, Esquire, and containing by admeasurement 5,400 square yards or thereabouts. SCHEDULE (C.) Ferry Tolls. For each person, not being a contractor, any sum or sums not exceeding as follows ; that is to say, d. New Brighton to Liverpool, or vice versa ... ... 3 Egremont to ,, ,, ... ... 2 Seacomlje to ,, ,, ... ... 1 Eates for Contractors. 12 Months. C Months. 3 Months. £ s. d. £ s. d. £ s. d. Not exceeding as follows : — Poi' any One Person from New Brighton to Liverpool or vice versa 3 13 6 2 12 6 1 11 6 For every additional Person of * the same Family, and dwelling together, including Servants (Domestic or otherwise), but not Lodgers 1 11 6 110 15 30&31 Vict. The Wallasey Improvement Act, 1867. ch. cxxxii. Rates for Contractors — Continued. 12 Months. 6 Months. £ S. For any One Person from Egremont to Liverpool, or vice versa For every additional Person of the same Family, and dwelling together, including Servants (Domestic or otherwise), hut not Lodgers For any One Person from Seacombe to Liverpool, or vice versa For every additional Person of the same Family, and dwelling together, including Servants (Domestic or otherwise), but not Lodgers ... d. 2 12 6 1 1 1 11 6 15 £ s. d. 1 11 6 19 3 Months £ S d. 110 15 10 6 12 6 9 6 6 227 Special Boats. For Every Person, whether a Contractor or not, to or from each Ferry, any sum not exceeding Is. Rates for Carriages, Cattle, Goods, and Merchandise. Not exceeding as follows : — Carriage, with 2 Horses Ditto, with 1 Horse Light 4- wheeled Phaeton, with 2 Horses ... Ditto. with 1 Horse ... Pony Phaeton, small... Hearse, with 2 Horses Ditto, ditto, returning same day Gig and Horse Cab or Car, and Horse Cart and Horse, loaded Ditto, empty Hand Cart, large, loaded, and 1 Man Ditto, small, ditto . , Ditto, empty ditto Handbarrow, loaded, and 2 men Ditto empty, ditto Wheelbarrow, loaded, and 1 man Ditto, empty, ditto Coffin, empty ... Corpse, and 4 Men ... Horse, and 1 Man New Brighton. Egremont and Seacombe. s. d. s. d. 12 10 8 8 6 6 4 4 3 15 12 5 4 8 2 4 3 10 8 5 4 1 6 1 1 9 9 6 1 3 1 9 6 10 8 6 4 1 3 1 6 5 1 6 1 228 30 c^' 31 Vict. TJie Wallasey Improvement Act, 1867. Eates for Carriages, &c. — Doiikey, and 1 ditto Sheep, dead, each Ditto ahve, ... Ditto, ditto, per score Geese, ahve or dead, per score Cows or Oxen, each, ... Calves, Pigs, and Goats, each Tables, large, each Ditto, small, each ... Beds, each Wardrobes Chest of Drawers, large Ditto, small Chairs, parlour or common, each Ditto, light bedroom, per dozen .. Ditto, easy or rocking, each Hay, per truss or sack Ditto, per ton Sugar, per loaf Ditto, per cask, not exceeding 10 cwt. Ditto, ditto, exceeding 10 cwt. . . Soap, per box, 1 cwt.... Ditto, ditto, 2 to 3 cwt. Spirits or Wine, hamper, large Ditto, ditto, small Ditto, quarter cask Ditto, hogshead ... Ditto, pipe, puncheon or tierce, Ale or Porter, per barrel Ditto, half barrel Ditto, quarter barrel... Vitriol, per bottle Oil and Tar, per bottle Molasses, per cask Ditto, per puncheon Cement or Lime, per barrel or cwt ... Nails, per bag or keg, ^ cwt. Ditto, 1 to 2 cwt. ... Ditto, 2 to 3 cwt Basket of Fruit, Eggs, Fish, &c. Cockles or Mussels, per bag... Chips or Wood, per bag Paint, Lead, or Iron, per cwt. Ditto, Oil Paint, per can Ditto, per cask Wool, per cwt. Wool, per bale Bricks, Flags, Slates, Ditto, per ton Tiles, &c., per per cwt. ton emem <: cli . CXXXlt. Contimied. New Egremont Brighton. and Seacombe. 8. d. s. d. 10 8 2 2 U 1 1 8" 1 6 11 10 1 3 1 4 3 1 3 1 7 6 1 3 1 9 6 9 6 6 4 U 1 7 6 2 U 3 2 4 3 1 1 1 2 1 2 4 2 3 2 4 3 9 6 4 3 6 4 1 8 2 1 4 9 6 6 4 4 3 3 2 3 2 9 6 1 6 1 3 2 4 3 6 4 9 6 3 2 U 1 3' 2 3 2 3 2 6 3 2 9 6 9 6 1 3 1 3 2 2 9 2 6 30 & 31 Vict. The WaUaaei/ IiiiproDenteiit ch. cxxxii. Act, 1867. Rates for Carriages, &c. — Gontiimed. 229 Sofas or Ottomans, each Pianofortes, grand Ditto, upright Ditto, cottage Parcels, large, each Ditto, small, each Baskets, large ... Ditto, small... Portmanteaus or Carpet Bags, large Ditto, ditto, small Boxes, large, each Ditto, small, each ... Hamper, large ... Ditto, small... Bacon, per flitch Ditto, per side Ditto, per bale, large Ditto, ditto, small ... Hams, each Cheese, each . . Salt, per bag, 12 lumps Ditto, 6 ditto ... Ditto, per lump ... Butter, per keg, per 56 lbs. ... Ditto, per keg, per cwt. Ditto, per firkin Candles, per box, under 30 lbs Ditto, 30 lbs. and under 60 lbs Ditto, 60 lbs. and under 1 cwt Glass, small box _ Ditto, small crate Ditto, lai'ge crate Tea, per box ... Ditto, half box Coffee, per bag, under h cwt. Ditto, above ditto, . Pocket of Hops Sack of Flour, Wheat, Barley, Oats, or othci Grain Potatoes, per sack or measure Earthenware or Hollow-ware, per crate Hogshead Skins, each Skins, in lots ... Yeast, small tub Yeast, large tub Laths, per bundle Cargo Boats, per tide Ii-on ditto per tide Articles not particularly enumerated as New Brighton. Egremout and Seacombe. S. d. S. d. 9 6 3 2 2 1 6 1 6 1 ^ 2 n 1 3 2 H 1 2i 2 li 1 4 3 2* 2 4 3 2i 2 1* 1 3^ 2 9 6 4iV 3 li 1 li 1 4i 3 2i 2 Of Oi U 2^ 5 4 5 4 n 1 3" 2 44 3 3^ 2 6 4 10 8 3 2 2 1 o -J 1 3 2 8 6 3 2 1* 1 1 9 H 1 1 6 1 1* 1 2" n 1* 1 12 o" 10 20 15 per Agreement. 230 33 t^' 34 Vict. Se> >iSlO)i 1870. ■I cii. ex IV. Sec. 1—7 The Local Government Supplemental Act, 1870. (Confirviing The Wallasey Order, 1870.) Provisional Orders in schedule confirmed. Act incorpo- rated with 21 & 22 Vict, ch. 98. Short title. AN ACT to confirm certain Provisional Orders under " The Local Government Act, 1858," relating to the districts of Blackpool, Bristol, Eton, Heckmondwike, Kidder- minster, Lincoln, Nottingham, Plymouth, South Molton, Wallasey, and Ware ; and for other purposes relative to certain districts under the said Act. 14th July, 1870. WHEREAS the Secretary of State for the Home Department, being one of Her Majesty's Prhacipal Secretaries of State, has, under the provisions of the Local Government Act, 1858, duly made certain Provisional Orders, which are contained in the schedule to this Act annexed ; and it is provided by the aforesaid Local Government Act that no such orders shall be of any validity whatever until they shall have been confirmed by Parliament ; and it is expedient that the said orders should be so confirmed, and other provisions made with respect to certain districts under the Local Government Act aforesaid : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. The Provisional Orders contained in the schedule hereunto annexed shall, from and after the passing of this Act, be absolute, and be as Ijinding and of like force and eft'ect as if the provisions of the same had been expressly enacted in this Act. [The omitted sections and orders relate to districts other than Wallasey.] 6- This Act shall be deemed to be incorporated with the Local Government Act, 1858, and shall be as if this Act and the said Local Government Act were one Act. 7. In citing this Act in any other Act of Parliament, or in any proceeding, instrument, or document whatever, it shall be sufficient to use the words and figures " the Local Government Supplemental Act, 1870." 33 i^ 34 Vict. The Local Government ch. cxiu. 231 Supplemental Act, 1870. SCHEDULE of Provisional Orders referred to in Schedule. the preceding Act. 11. Wallasey. — Alteration and partial repeal of Local Act, THE WALLASEY OEDER, 1870. [This Order may be cited as The Wallasey Order, 1870. — Vide The Wallasey Order, 1896, art. II.] Provisional Order repealing and altering parts of Local Acts in force within the District of the Wallasey Local Board. Whereas petitions have been presented to nic as one of Her Majesty's Principal Secretaries of State, under the 77th section of the Local Government x\ct, 1858, from the Wallasey Local Board, in the County of Chester, praying for the partial repeal and alteration of certain Local Acts in force within the said district ; viz., xVn Act passed in the eighth year of the reign of Her Majesty [The Queen Victoria, intituled " An Act for paving, lighting, watching, Wallasey " cleansing, and otherwise improving the Parish of Wallasey in the ^ct^Tsi^Y" " County of Chester, and for establishing a police, and also a market, " " within such parish ; and for other purposes ;" An Act passed in the twenty-first and twenty-second years of the [The reign of Her Majesty Queen Victoria, intituled " An Act for enabling Wallasey " the Local Board of Health for the District of Wallasey to construct ac^TssT/"^ " works and supply their district with water and gas ; for enlarging "their powers with respect to the acquisition and maintenance of " ferries ; and for other purposes ;" and An Act passed in the twenty-seventh and twenty-eighth years of the [The reign of Her Majesty Queen Victoria, intituled " An Act to confer Wallasey "further powers on the Wallasey Local Board; and for other ^^™P''^"g'g°]"J'"*^ ' ' purposes : " And whereas, in pursuance of the said Local Government Act, inquiry has been directed and made in the said district in respect of the several matters mentioned in the said petitions, and report duly made to me thereon by Arnold Taylor, Esquire, the Inspector appointed for the purpose : And whereas it is desirable that authority should be given to the said Local Board to exercise the power conferred by the Local Government x\ct, in certain cases of borrowing, up to twice the assessable value of their district, and for this purpose it is necessary that the limitation to thirteen thousand pounds, of the power to ]:)orrow conferred by a Provisional Order bearing date the ninth day of June, one thousand eight hundred and sixty-three, and confirmed by the Local Government Supplemental Act, 1863, (No. 2,) be removed, but no Provisional Order for such purpose can be valid without confirmation by Parliament : Now, therefore, in pursuance of the powers vested in me by the said Local Government Act, I, as one of Her Majesty's Principal Secretaries of State, do, by this Provisional Order under my hand, 232 33 & 34: Vict. Tlie Local Gooernment ch. cxiv. Hujypleniental Act, 1870. Schedule, direct, tliat from and after the passing of any Act of Parliament confirming this Order, — 1. The two hundi-ed and ninety-third section of the said firstly herein-before recited Act, which provides, " that no person '"shall be liable to be rated under this Act to the said " Improvement Eate in respect of his being the owner or " occupier only of any property under the actual annual value " of ten pounds, such value to be ascertained either according " to the amount of rent actually paid for such property, or in " such other manner as the Commissioners may determine, " and that in respect of any such property the said Lighting " Eate shall be chargeable upon the owner, and not upon the " occupier thereof," shall be repealed. [Vide The Wallasey Improvement Act, 1845, note to sec. 293.] [2. — Eepealed by the Wallasey Improvement Act, 1872, sec. 20.] 3. The sections of the said secondly herein-before recited Local Act, numbered respectively 69 to 79, both inclusive, containing regulations with respect to buildings in the said district, shall be repealed. 4. The sections in the said firstly herein-l^efore recited Local Act providing for matters now provided for by Acts in force within the said district and numbered respectively 63, 69, 166 to 171, both inclusive, 192 to 197, both inclusive, 278, 279, and 280, shall be repealed. 5. The section in the said thirdly herein-before recited Local Act numbered 36, and enacting that " after the passing of this " Act no person shall be qualified to vote at any election of "members of the Local Board unless he shall for at least "twelve months prior to the day of election have been rated "to the amount of at least ten pounds to the rate for the " relief of the poor within the district, or to some rate leviable " by the Local Board, and unless he shall, prior to the day of " election, have paid all rates then due from him to the Local " Board, except such as shall have been made or become due " within six months immediately preceding the day of tendering "his vote," shall be repealed. [Vide note to arts. 2 to 5 in The Wallasey Order, 1852.] 6. So much of the herein-before recited Provisional Order as limits the powers of the said Local Board thereby given to borrow for the purposes therein described to the amount of thirteen thousand pounds shall be repealed, and the Local Board shall be authorized from time to time to borrow for permanent works to the amount of twice the assessable value of the premises assessable under the Local Government Act in the said district ; all sums so borrowed to be borrowed with the sanction of one of Her Majesty's Principal Secretaries of State, and to be repaid, with interest thereon, within a period of fifty years from the borrowing thereof. [Art. 6 was repealed (except so far as it may have been acted upon, or so far as relates to the repayment of money borrowed in pursuance thereof) by The Wallasey Order, 1894, art. 1.] Given under my hand, this ninth day of May in the year one thousand eight hundred and seventy (Signed) H A. Bruce. 35 & 36 Vict. Session 1872. ch. cxxv. 233 THE WALLASEY IMPROVEMENT ACT, 1872. {35 d- 36 Vict. ch. 125.) AREANGEMENT OF SECTIONS. Preamble. Short Title Interpretation of terms ... Provisions of general Acts herein named incorporated Same meanings to words in incorporated Acts as in this Act Act to be executed by Local Board Power for Local Board to make works according to Plans . . Works authorized... Power to deviate ... Saving Rights of the Crown Saving Rights of the Crown in the Foreshore .. . Power to appropriate slip or road opposite Victoria Road Period for completion of works ... Confirmation of agreement in schedule and borrowing power of Mersey Docks and Har]:)our Board Bye-laws as to Ferries ... Penalty on persons using steam boats without paying toll . New Wells, &c. Power to borrow for purposes of Act Provisions of Public Health Acts to apply to mortgages Priority of former mortgages Rating of Houses under £10, itc. Rates to be parochial rates within section 32 of Bankruptcy Act, 1869 Depreciation and renewal IlukI ... Expenses of Act ... SECTION. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Schedule — Agreement between Wallasey Local Board and Mersey Docks and Harbour Board. 234 35 & 36 Vict. The Wallasey ImfruvuvieiU cJi. cxxe. Ad, 1872. AN ACT for authorising the WaUasey Local Board to make and maiiitaiu works in connexion with their Seacombe and Efifreniont ferries, and to extend their water- works, and to raise fiirtlier moneys ; and for other purposes. 18th July, 1872. 21 & 22 Vict. WHEEEAS bv " Tbe Wallasey Improvciucnt Act, 1858," (in this ch. ixiii. Act, called the Act of 1858,) the Wallasey Local Board (in this Act called the Local Board) were empowered to construct waterworks for the supply of their district with water, and powers were conferred on the Local Board in relation to the ferries called respectively " New Brighton Ferry, Seacombe Ferry, and Egremont Ferry," and the providing of steamboats and other things necessary for the working of the ferries : And whereas under the Act of 1868 tbe Local Board have con- structed waterworks on a piece of land near the Great Float in the township of Poulton-ciuu-Scacombe in the county of Chester, and arc now supplying water within their district, and the demand for water there is greatly increasing, and the present waterworks arc insufficient, and it is expedient that the Local Board be authorized to extend their present waterworks, and for that piupose to borrow further moneys : 24 & 25 Vict. And whereas by "The Wallasey Improvement Act, 1861," (in ch. IV. this Act called the Act of 1861,) further provision was made with respect to the Seacombe Ferry : And whereas under or by virtue of the Acts of 1858 and 1861, or one of them, the Seacombe Ferry and Egremont Ferry, with the landing stages, piers, jetties, slips, and works connected therewith respectively, are vested in and worked and managed by the Local Board, and the foreshore between ordinary high and low watermark contiguous to such ferries is demised to the Local Board by leases from the Commissioners of Her Majesty's Woods, Forests, and Land Eevenues : 27 & 28 Vict And whereas by "The Wallasey Improvement Act, 1864," the ch. cxvii. Local Board were empowered to construct a pier or landing stage at New Brighton, and to execute other works therein mentioned : oh^Sir''*" ^^^ whereas by "The Wallasey Improvement Act, 1867," the Local Board were empowered to levy certain rates and tolls in connexion with their said ferries, and to do other things therein mentioned : 35 &SQ Vict. The Wallasey Improve ment cli. cxxv. '235 Act, 1872. Sec. 1—2 And whereas by "The Local Government Suppleixiental Act, 33 & 34 Vict. 1870," a provisional order under "The Local Government Act, 1858," ^^- ^xiv. was contirmed, repealing and altering parts of the local Acts in force within the district of the Local Board : And whereas it is expedient that the Local Board be authorized to make and maintain in connexion with their Seacombe Ferry the embankment, pier, roads, and other works by this x\ct authorized, and to extend the pier at their Bgremont Ferry as by this Act authorized, and to borrow further moneys for the purposes of their ferries, and to enter into contracts with the Mersey Docks and Harbour Board with respect to the Seacombe Perry and the works connected therewith : And whereas the amount owing by the Local Board on mortgage of the Wallasey ferries account is one hundred and sixty-eight thousand four hundred and twenty-seven pounds or thereabouts, and on mortgage of the Wallasey waterw^orks account the sum of thirty- nine thousand two hundred and six pounds or thereabouts : And whereas it is expedient that some of the provisions of the recited xlcts be altered or repealed as by this Act provided : And whereas plans and sections of the embankment, piers, roads, and other works by this xVct authorized (not including the water- works), showing the lines and levels thereof, and the plans showing also the lands to be taken for the purposes of those works, and a book of reference to the plans containing the names of the owners or reputed owners, lessees, or reputed lessees, and occupiers of the lands, have been deposited with the clerk of the peace for the county of Chester, and those plans and sections and book of reference are in this Act referred to as the deposited plans, sections, and book of reference : And whereas the objects of this Act cannot be attained without the authority of Parliament : May it therefore please Your Majesty that it may be enacted ; and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Conmions, in this present Parliament assembled, and by the authority of the same as follows ; (that is to say,) 1. This Act may for all purposes be cited as the Wallasey Short title, improvement Act, 1872. 2. In this Act the following words and expressions have the Interprcta- meanings hereby assigned to them, unless there l)e something in the ^'o" "^ terms subject or context repugnant to such construction ; that is to say. The expression " the Local Boartl ' means the Wallasey Local Board : The expression " the district " means the district of the Wallasey Local Board : The expression " the Public Health Acts" means and includes the Public Health Act, 1848, and the Local Government Act, 1858, and the Local Government Act, 1858, Amendment Act, 236 35 & 36 Vict. The Walkn^ey Lupruvenient ch. cxxv. Act, 1872. Sec. 3 — 6 1861, and the several present and future Acts supplemental to or amending those Acts respectively, and which from time to time are and shall be in force and applied to the Local Board or the district : The expression " local Acts " means and includes the Wallasey Improvement x\ct, 1858, the Wallasey Improvement Act, 1861, the Wallasey Improvement Act, 1864, and the Wallasey Improvement Act, 1867. [The Public Health Act, 1848, the Local Government Act, 1858, and the Local Government Act, 1858, x\mendment Act, 1861, were all repealed by the Public Health Act, 1875, sec. 343 and sched. For substituted provisions vide sec. 313 of the Pubhc Health Act, 1875.] Provisions of 3. The Lands Clauses Consolidation Acts, 1845, 1860, and 1869, general Acts j^nd the Waterworks Clauses Act, 1847, (except the sections of herein named ^.^^ last-mentioned Act with respect to the amount of profit to be received by the undertakers when the waterworks are carried on for their benefit, and with respect to the yearly receipt and expenditure of the undertakers,) and the Waterworks Clauses Act, 1863, and the Harbours, Docks, and Piers Clauses Act, 1847, shall be incor- poi'ated with and form part of this Act, (except where expressly excepted or varied by this Act), but it shall not be necessary for the Local Board to provide any lifelioat, tide or weather gauge, or barometer, unless and until they are required by the Board of Trade to do so, and for the purposes of the last-mentioned Act, the prescribed limits shall be deemed to be one hundred yards in every direction beyond the piers and works. Same mean- 4. In this Act the several words and expressions to which ings to words meanings are assigned by the Acts wholly or partially incorporated "\"TT^t-° with this Act have the same respective meanings, unless there be in this Act.' something in the subject or context repugnant to such construction ; Provided always, that the expressions " superior courts " or " court of competent jurisdiction," or any other like expression in this Act or any Act wholly or partially incorporated with this Act, shall be read and have etiect as if the del)t or demand with respect to which the expression is used were a common simple contract debt, and not a debt or demand created by statute. Act to be 5_ This Act and the Local Acts shall have effect together as one executed by ^^ct, and shall l)e executed by the Local Board with the powers and indenmities, and according to the provisions of the Public Health Acts, and those Acts shall, in relation to the Local Board and the several objects and purposes of this Act and the local Acts, be read and construed as if the purposes and provisions of this Act were purposes and provisions of the Public Health Acts, so far as the same shall be applicable thereto, and except so far as any of the provisions of the Public Health Acts are expressly varied, altered, or otherwise provided for by this Act, and penalties under this Act shall be recoverable and applicable as penalties under the Public Health Acts. I'ower for it-it Local Board 6. oubject to the provisions of this Act, the Local Board may to make from time to time make and may maintain the embankment, piers, works accord- roads, and other works connected therewith shown on the deposited to plans. "■ 35 & 36 Vict. The WaUasey hnproremenf cli. cxxv. 237 Act, 1872. plans, with all necessary and proper approaches, works, and Sec. 7 — 8 conveniences, and, so far as the lines and levels of those works are shown on the deposited plans and sections respectively, may make and maintain the works in the lines and in accordance with the levels shown thereon, and in the lands shown on the plans and specified in the deposited hook of reference, and may enter, upon, take, and use such of those lands as they require for that purpose. 7. The works authorised by this Act comprise the following Works works, with all such incidental ways, approaches, stairs, jetties, authorised, landing places, walls, works and conveniences, and things connected therewith, as the Local Board think fit ; (that is to say,) Sea Wall. An embankment or river wall in connexion with the existing ferry of the Local Board at Seacombe, to commence from and out of the northern end of the existing river wall of the Birken- head Docks at the point marked C on the deposited plans, and to terminate at or near Seacombe Point by a junction with the existing river wall at the point marked D on the deposited plans ; The reclamation l)y means of the said embankment of so much of the foreshore of the Eiver Mersej' as will be situate to the west of the said intended embankment or river wall. Pier. A pier or jetty commencing at the said intended embankment at about two hundred yards from the south end thereof, and extending for a distance of twenty-five yards or thereabouts into the Eiver Mersey, together with a floating landing stage to be connected at or near its northern end with the said intended pier by means of a bridge, and to be connected at or near its southern end with the said intended embankment by means of a Inidge, and which said landing stage will be moored in the said river at a distance of ninety-five yards or thereabouts from the said intended embankment. Egad. A road to commence at and by a junction with the Birkenhead Eoad at the north-east end thereof at the junction thereof with Victoria Eoad near the Seacombe Hotel, and to terminate on the said embankment. Egremont Pier. An extension of the pier at Egremont Ferry from the eastern extremity thereof for a distance of eighty yards or thereabouts in an easterly direction. 8. The Local Board in the construction of the aforesaid works Po\yer to shown on tlie deposited plans may deviate from the levels shown on '^^^^^^e. the deposited sections to any extent not exceeding five feet. 238 35 & 36 Vict. Tlie Wallasey Improvement ch. cxxv. Act, 1872. Sec. 9—12 aving rights 9_ Nothing contained in this Act or in any of the Acts herein f the Crown, referred to shall authorise the Local Board to take, use, or in any manner interfere with (otherwise than in accordance with the said leases) any land, soil, tenements, or hereditaments, or any rights of whatsoever nature belonging to or enjoyed or exerciseable by the Queen's most Excellent Majesty in right of her Crown, and under the management of the Commissioners of Her Majesty's Woods, Forests, and Land Eevenues, or either of them, without the previous consent in writing of the same Commissioners, or one of them, on l^ehalf of Her Majesty first had and obtained for that purpose (which cotisent such Commissioners are hereby respectively authorised to give) ; and as incidental to any such consent as aforesaid the Local Board may enter into any agreement with the Commissioners of Her Majesty's Woods, Forests, and Land Eevenues, or either of them, who respectively may, with the approval of the Commissioners of Her Majesty's Treasury, join in every such agree- ment ; and the said Commissioners of Her Majesty's Woods, Forests, and Land Eevenues, with the like approval, and the Local Board may respectively execute all necessary conveyances, leases, licenses, or other deeds of or relating to any land, hereditaments, or rights belonging to Her Majesty in right of her Crown, and under the management of the same Commissioners, and every agreement so entered into as aforesaid shall he performed by the same Commis- sioners and the Local Board respectively ; and nothing in the said Act or Acts contained shall divest, take away, prejudice, diminish, or alter any estate, right, privilege, power, or authority now or from time to time vested in or enjoyed or exerciseable by the Queen's Majesty, her heirs or successors. Saving rights \Q Nothing contained in this Act or any of the Acts herein of the Crown i-gfei-^-ed to shall authorise the Local Board to take, use, or in any shore manner interfere with any portion of the shore or bed of the sea or of the Eiver Mersey, 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 Act or Acts 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. Power to \\ Subject to the provisions of this Act the Local Board may appropriate ^^^^ ^^p ^^^^ discontinue as a public slip or road the existing public opposite ' ^^^V ^^' I'oad in the Township of Poulton-cuni-Seacombe, extending Victoria from the east side of the Birkenhead Eoad, nearly opposite to the Road. Victoria Eoad, on to the foi'eshore, or any part thereof, and may appropriate the site of the same or of the part thei"eof stopped up. Period for \t^ If the aforesaid works shown on the deposited plans and completion of authorised In' this Act are not completed within seven years from the passing of the Act, then on the expiration of that period the powers of this Act granted to the Local Board for making those works or otherwise in relation thereto shall cease to be exercised, except as to so much thereof as is then completed. S5&S6Vict. The Wallaseij Improvement cli. exxv. 239 Ad, 1872. Sec. 13—17 13. The agreement between the Local Board and the Mersey Confirmation Docks and Harbour Board set forth in the schedule to this Act, ?^ agreement is hereby confirmed, and for the purposes of that agreement the and bo^rrovv- Mersey Docks and Harbour Board may from time to time apply any jng powers funds, money, rates, or rents which belong to them, or which they of ]Mersey are at the passing of this Act authorised to raise or levy under any ^^^^ ^^^^ Act, and which are not required for the purposes (if any) to which p^Q^^,^^^ the same are by any Act made specially applicable, and may borrow at interest on the security of the rates at the passing of this Act Ijelonging to them such further money, not exceeding in the whole the sura of twenty thousand pounds, as they think necessary, and they may apply all money so borrowed for the purposes of the said agreement or some of them. 14. The powers conferred upon the Local Board by the Wallasey Byelaws as to Improvement, Act, 1867, section 28, with respect to the making of is^'i^^- bye-laws, regulating the fastening, mooring, or anchoring of vessels, shall apply to the pier, landing stage, and works at Seacombe Ferry authorised by this Act. 15. If any person travels or attempts to travel in any steam or Penalty on other boat provided by the Local Board in connexion with their ^^^^°"^ ^^fH^" ferries, without payment of the ferry toll payal:)le by him, or evades ^yithout or attempts to evade payment of such toll, every such person shall paying toll. for ever}' such offence he. liable to a penalty not exceeding forty shillings. [F/c/r also the Wallasey Improvement Act, 1858, sec. 46 ; the Wallasey Improvement Act, 1867, sees. 26 and 27 ; and the Wallasey Local Board Act, 1890, sec. 74 ; Kecovery of Penalties, sec. 5 of this Act.] 16. Subject to the provisions of this Act the Local Board may, New wells, fj'om time to time, on lands l^elonging to them at the passing of this Act, sink, bore, and make, and may maintain, and from time to time improve and enlarge all such wells and apparatus, with approaches thereto, for the pumping and supply of water, and may do all such other acts as they may think necessary for obtaining and storing water, and may from time to time, by means thereof, and also of the waterworks authoi'ised by the Act of 1858, supply water accoi'ding to and within the limits of the Act of 1858. 17. In addition to the moneys which the Local Board are em- Power to powered to l)oirow under the local Acts, or any of them, and the ''o'''°^^' ^°^' Public Health Acts, or any of them, they may from time to time \f,^ borrow on mortgage any sums not exceeding the respective amounts herein-after mentioned ; that is to say. On mortgage of the security mentioned in the Act of 1858 as the Wallasey waterworks account, and of the waterworks for the time being vested in or belonging to the Local Board, and also, if the Local Board think fit (as a collateral security), of tlie general district rate to be made and levied under the Public Health Acts, or any of them, any sums not exceeding in the whole fifteen thousand pounds, which sums sliall be applied, first, in payment of such part as the Local Board think fit of the costs, charges, and expenses of and incident to the preparing, obtain- ing and passing of this Act or incident thereto ; secondly, in the execution of the powers of this Act and of the local Acts in relation to water : 240 35 & 36 Vict. The Wallasey Improvement Act, 1872. cJi. cxxv. Sec. 18 — 21 On mortgage of the security mentioned in the Act of 1858 as the Wallasey ferries account, and on the ferries for the time being belonging to or leased by the Local Board, and the steam and other boats, matei'ials, and things connected therewith, and also (as a collateral security) of the general district rate authorised to be made and levied by the Public Health Acts, or any of them, any sums not exceeding in the whole seventy-four thou- sand pounds, which sum shall be applied, first, in payment of such part as the Local Board think fit of the costs, charges, and expenses of and incident to the preparing, obtaining, and passing this Act or incident thereto ; secondly, in the construction of the embankment, piers, roads, and w^orks connected therewith by this Act authorised ; and, thirdly, in carrying into execution the several purposes of the local Acts respectively and this Act with reference to the acquisition of ferries, or to the construction of ■works in connection therewith, and as to the purchasing and providing of steam or other l^oats in connexion therewith. [Vide The Wallasey Improvement Act, 1858, sees. 27 and 39. FuETHER Borrowing Powers — Ferries : The Wallasey Order (No. 1,) 1877, art. 3. The Wallasey Order, 1881, art. 1. The Wallasey Order, 1883, art. 2. The Wallasey Order, 1895, art. 1. The Wallasey Order, 1897, art. 1.] 18. The provisions of the Public Health Acts relating to mort- Provisions of TT^ uv, A g^g^s shall be applicable to the mortgages to be made by the Local to apply to Board under this Act. mortgages. [Vide The Wallasey Order, 1881, art. 1 ; also art. 2 as to annual return to Local Government Board ; and further see The Wallasey Order, 1883, art. 2 and arts. 4 to 8.] Priority of former mortgages. 19. All mortgages granted under the local Acts respectively, and subsisting at the time of the passing of this x\ct, shall, during the continuance thereof respectively, have, with respect to the rates, properties, and securities comprised therein respectively, priority over all mortgages granted under this Act on the same rates, pro- perties and securities respectively ; and all mortgages granted and to be hereafter granted by the Local Board, under the authority of the Public Health Acts, or any of them, shall respectively have priority over all mortgages granted under this Act, on the collateral security of the general district rate so far as relates to such collateral security. [Altered and amended by The Wallasey Order, 1883, art. 9.] Eating of gQ, The provisional order relating to Wallasey, scheduled to and ^lo'l-c"""^^' confirmed by the Local Government Supplemental Act, 1870, shall have effect as if the proviso contained in the paragraph numbered 2 therein had not been inserted in that oi'der. [Vide The Wallasey Order, 1870.] Rates to be parochial 21. All rates and rents leviable by or payable to the Local Board rates within under the local Acts, or any of them, or this Act, or the Public section 32 of Health Acts, or any of them, shall be deemed parochial rates within Act^ 18^^ '^"'' ^^^^ meaning of section thirty-two of the Bankruptcy Act, 1869. 35 & 36 Vict. The Wallaseij Imj^rovement ch. cxxv. 241 Act, 1872. [The Bankruptcy x\cfc, 1869, was repealed by the Bankruptcy Sec 22 — 23 Act, 1883 (46 and 47 Vict. ch. 52, sec. 169,) as to pi'iovity of "parochial or other local rates" in the distribution of the property of a bankrupt or of the assets of a company being wound up. Vide the preferential payments in Bankruptcy Act, 1888 (51 and 52 Vict. ch. 62,) sec. 1, and the Preferen- tial Payments in Bankruptcy Amendment Act, 1897 (60 and 61 Vict. ch. 19. sec. 1.)] 22. The Local Board may, from time to time, out of any rates, Depreciation rents, tolls, or duties leviable or receivable by them, set aside any and renewal money, not exceeding four thousand pounds in any year, for the ^"^ " purpose of forming a depreciation fund and providing for the renewal, repair, reconstruction, or extension of their waterworks, gasworks, ferries, and steamboats, and the plant connected therewith respectively, and may from time to time apply the same accordingly. [Altered and amended by substituting " eight thousand pounds " for "foui' thousand pounds." — The Wallasey Order, 1883, art. 3.] 23. All the costs, charges, and expenses of and incident to the Expenses of preparing, obtaining, and passing of this Act, or incident thereto, shall be paid by the Local Board. SCHEDULE referred to in the foregoing Act. Agreement between Local Board and Mersey Docks and Harbour Board. The Wallasey Local Board, (herein-after called the Schedule. "Local Board ") of the one part, and the Mersey Docks and Harhour Board (hereinafter called " the '• Mersey Board ") of the other part, hereby agree with each as follows, videlicet : 1. The Local Board will expunge from the Wallasey Improvement Bill now before Parhament clause 12 of the Bill as now printed, a copy whereof is hereunto annexed. 2. The Mersey Board shall not oppose the preamble of the Wallasey Improvement Bill or the clauses of that Bill as now printed, clause 12 being expunged. 3. The Local Boaixl shall not, either before or after the passing of the Bill, conclude any agreement for the purchase of the foreshore to be reclaimed as mentioned in clause 7 of the Bill, except at a price to be approved by the Mersey Board. 4. If the Bill should pass, and if an agreement should before or after the passing of the Bill be entered into for the purchase of the foreshore to be reclaimed, the Mersey Board shall have the option (to be exercised by written notice, to be given within three months after the passing of the Bill or after an agreement for the pnreiiase of the foreshore shall have been entered into, whichever shall last happen) of acquiring, and the Local Board shall, if such option be exercised, convey or concur in such acts and conveyances as may It 242 35 & SO) Vic f. Tlie Wallasey Tmproveinent eh. cx.rv. Act, 1872. Schedule, he requisite for vesting in the Mersey Board that portion of the fore- shore to be reclaimed which is coloured pink in the plan hereto annexed, and which contains aboiit eight thousand and thirty square yards, on the following terms : — (a) The Mersey Board are to pay for such portion of foreshore the price agreed to be paid for the same by the Local Board. (b) On the completion of embankment or river wall mentioned in clause 7 of the Bill, the Mersey Board are to pay to the Local Board the same proportion of the cost of such embankment or river wall, and of filling up the foreshore to be reclaimed to the level of the top of such embankment or river wall as the ai'ea of that portion of such foreshore which is to be so taken by the Mersey Board shall bear to the area of the whole of tlie foreshore to be reclaimed as above mentioned. 5 If the Mersey Board shall exercise the option provided for by clause 4 of this agreement, then on the completion in a proper and substantial manner (to the approval of the engineer for the time being of the Mersey Board) of the said embankment or river wall, the Mersey Board and the Local Board shall, at their joint cost, at all times thereafter maintain and keep in good repair such river wall, extending fi'oni the point marked C to the point marked D on the said plan, and tlie cost of such maintenance and repairs shall be borne from time to time, as'foUows, videlicet : The Mersey Board shall contribute in respect thereof an amount which shall bear the same proportion to the entire cost of such maintenance and repairs as the area of the foreshore to be conveyed to the Mersey Board, as above mentioned, shall bear to the area of the whole of the foreshore to be reclaimed by such river wall, and the remaindei' of such entire cost of such maintenance and i-epairs shall be contributed by the Local Board : Provided that no repairs shall be undertaken witliout the sanction of the Mersey Board and the Local Board respectively, and that all repairs sanctioned by the Mersey Board shall be executed to their satisfaction. G. If required by either party a formal agreement for carrying out this arrangement, to be settled in case of difference by J.' H. Lloyd, Esquire, barrister- at-law, shall be prepared at the joint expense of the parties hereto and executed, and when executed shall be regarded as a contract or arrangement within the meaning of the 13th section of the said Bill. 7. This Agreement shall be confirmed by a clause to be inserted in the Bill for that purpose. [Vide sec. 13.] Dated the twelfth day of April, 1872. Passed under the common seal of\ the Mersey Docks and Harbour Board, in the presence of W. Langton, Chairman. ; Passed under the common seal of \ the Wallasey Local Board in the presence of T. So.MERVILLE JONES, Clerk to the said Local Board. 39 & 40 Vict. Sessiov 1876. ch. ccii. 243 Local Government Board's Provisional Orders Confirmation (Birmingham, &c.) Act, 1876. Confirming The Wallasey Order of 1876. AN act to confirm certain Provisional Orders of the Local Government Board relating to the Borough of Birmingham, the Enral Sanitary District of the Chesterfield Union, the Districts of Dawhsb and Keswick, the Eural Sanitary District of the Leek Union, the Borough of Maidstone, the Districts of Mistley, Moss Side, and Southend, the Eural Sanitary District of the Tadcaster Union, and the Districts of Wallasey and Weston-super-Mare. 11th August, 1876. WHEREAS the Local Goveiumeut Board have, as regards the boroughs and districts herein mentioned, made the Provisional Orders set forth iu the schedule hereunto annexed, under the pro- visions of the Pul)lic Health Act, 1875 : And whereas it is requisite that the said Orders should be con- firmed by Parliament, and that the provisions herein contained should be enacted in reference to the borough of Birmingham and certain of the said districts : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 244 3S& 40 F/cf. Local Government ch. ccii. Board's Provisional Orders Confirmation Sec. 1—6 (Birmingham, dtc.) Act, 1876. The Provi- \ , The Orders set out in the schedule hereunto annexed shall be sional Orders ^^^^^ ^.j^g game are hereby confirmed, and all the provisions thereof confirmed^'' shall, from and after the passing of this Act, have full validity and force. Short title. 6. This Act may be cited as the Local Government Board's Provisional Orders Confirmation (Birmingham, &c.) Act, 1876. [The omitted Sections and orders relate to districts other than Wallasey.] THE WALLASEY ORDER OF 1876. DISTKICT OF WALLASEY. Provisional Order to enable the Urban Sanitary Authority for the District of Wallasey to put in force the Compulsory Clauses of the Lands Clauses Consolidation Acts, 1845, 1860, and 1869. To the Wallasey Local Board, being the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester ; — And to all others whom it may concern. Whereas the Wallasey Local Board, as the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester, require to purchase and take certain lands and premises, which are described in the Schedule to this Order, for the purposes of widening and improving the approaches to Seacombe Ferry in their district ; - And whereas the said Local Board have made due publication in the newspaper, and served the several notices as required by the Public Health Act, 1875, and have presented a Petition to the Local Government Board, stating as required l)y that Act, and praying, wdth reference to the said lands and premises, to be allowed to put in force the powers of the Lands Clauses Consolidation Acts, with respect to the purchase and taking of lands otherwise than by agreement ; And whereas upon receipt of such Petition, the Local Government Board directed a Local Inquiry to be held as to the propriety of assenting to the prayer thereof, which Inquiry was held after due notice, and report has been made to them thereon : Now therefore. We, the Local Government Board, in pursuance of the powers given by the Statutes in that behalf, do hereby empower the Wallasey Local Board, from and after the date of the Act of Parliament confirming this Order, to put in force, with reference to the lands and premises described in the Schedule hereto, the powers of the Lands Clauses ConsoHdation Acts, 1845, 1860, and 1869, with respect to the purchase and taking of lands otherwise than by agreement, or any of them. 39&40F/c;'. Local Government ch. ccii. Board's Provisional Orders Confirmation (Birniinghani, dc.) Act, 1876. 246 The SCHEDULE above referred to. Township of Poulton-cum-Seacombe, in the Parish of Wallasey, in the County of Chester. No. ou deposited Plan. Description of Property. Owners. Occupiers. 1 Hotel, vaults, and part of yard. Isaac Peuuy^ -Thomas Ridgway Bridson, and Henry Smith, trustees of Richard Smith, deceased. Eliza Stokes. 2 Cottage and yard. Ditto Bernard Floyd. 3 Cottage, with garden in front. Ditto Robert Gregory. 4 Cottage, with garden in front, and yard behind. Ditto .John Pemberton. 6 Cottage, with garden in front, and part of yard behind. Ditto Frederick Guy. 6 Part of dwelling-house and garden. George Smith James McArdle. 7 Ditto Ditto Joseph White. 8 Ditto Isaac Penny, Thomas Ridgway Bridson, and Henry Smith, trustees of Richard Smith, deceased. James Jones. 9 Ditto Ditto John Henry Irving. 10 Cottage George Smith Emily Norman. 11 Ditto Ditto William Watson. . 12 Bowling-green Isaac Penny, Thomas Ridgway Bridson, and Henry Smith, trustees of Richard Smith, deceased. Eliza Stokes. Given under the Seal of Office of the Local Government Board, this Seventh day of June, in the year one thousand eight hundred and seventy-six. /^~\ G. Sclater-Booth, President. John Lambert, Secretarv. 246 40 & 41 Vict. Session 1877. ch. ccxxvii. Local Government Board's Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877. Confirming The Wallaseij Order {No. 1), 1S77, and The Wallasey Order {No. 2), 1877. AN ACT to confirm certain Provisional Orders of the Local Government Board relating to the Km'al Sanitary District of the Caistor Union, the Borongh of Chesterfield, the Local Crovernment Districts of Cleckheaton and Ebbw Vale, the Boroughs of Honiton and King's Lynn (two) the Kural Sanitary District of the Maldon Union, the Local Govern- ment Districts of New Sleaford, Redcar, and Sandown, the Town of Southampton (Poor Law), the Local Government Districts of Wallasey (two), Wallingfen, Wellingborough and Ystradyfodwg. 10th August, 1877. WHEREAS the Local Government Board have, as regards the town of Southampton, made the Provisional Order set forth in the schedule hereunto annexed, under the provisions of the Poor Law Amendment Act, 1867, and as regards the other districts and boroughs herein mentioned, made the Provisional Orders set forth in the schedule hereunto annexed, under the provisions of the Public Health Act, 1875 : » And whereas it is requisite that the said Orders should be confirmed by Parliament, and that the provisions herein contained should be enacted in reference thereto : 4cO& 4:1 Vict. Local Government ch. ccxxvii. 247 Board's Provisional Orders Confirmation {Caistor Union, dc.) Act, 1877. Be it therefore enacted by the Queen's most Excellent Majesty, Sec 1—8 by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1 The Orders set out in the schedule hereunto annexed shall, Tlie Provi- sub/ect to the provisions of this Act, be and the same are hereby -J^s^^j^gJufe'"-" confirmed, and all the provisions thereof shall, from and after the ^,^^^£^,^3^^ passing of this Act, have full validity and force. 8. This Act may be cited as the Local Government Board's Short title. Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877. [The omitted sections and orders relate to districts other than Wallasey.] THE WALLASEY ORDER (No. 1), 1877. LOCAL GOVEENMENT DISTEICT OF WALLASEY. Provisional Order for altering, amending, and partially repealing certain Local Acts. [This Order may be cited as The Wallasey Order (No. 1), 1877— Vide The Wallasey Order, 1896, art. ii.] To the Wallasey Local Board, being the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester ;— And to all others whom it may concern. Whereas the Local Government District of W^allasey, in the County of Chester, is an Urban Sanitary District, of which the Local Board are the Url)an Sanitary Authority ; And whereas by section 303 of the Public Health Act, 1875, the Local Government Board are empowered, on the application of the Sanitary Authority of any Sanitary District, by Provisional Order, wholly or partially to repeal, alter, or amend any Local Act, other than an Act for the conservancy of rivers, which is in force in any area comprising the whole or part of any such district, and not conferi-ing powers or privileges on any persons or person for their or his own pecuniary benefit, which relates to the same su'hject- matters as the Public Health Act, 1875 ; And whereas certain Local Acts of Parhament, intituled respec- tively " The Wallasey Improvement Act, 1858," " The Wallasey Impi'ovement Act, 1861," "The Wallasey Improvement Act, 1864," "The Wallasey Improvement Act, 1867," and "The Wallasey Improvement Act, 1872," are in force in the said Urban Sanitary District ; 248 40 S: 41 Vict. Local Government ch.ccxxvii. BoarcVs Provisional Orders Confirniation {Caistor Union, dc.) Act, 1877. And whereas under the provisions of section 68 of the Wallasey Improvement Act, 1858, the Wallasey Local Board are empowered to sell, let, or exchange, or otherwise appropriate certain land therein mentioned ; And whereas under the provisions of section 60 of the Wallasey Improvement Act, 1858, of section 3 of the Wallasey Improvement Act, 1861, and of section 30 of the Wallasey Improvement Act, 1867, the said Local Board were authorised to borrow on mortgage of the Wallasey Lighting Account, and of the gasworks for the time being vested in or belonging to the said Local Board, and in addition to the moneys which they were authorised to borrow under the Public Health Acts, the several sums of ten thousand pounds, ten thousand pounds, and twenty thousand pounds respectively ; And whereas under the provisions of section 60 of the Wallasey Improvement Act, 1858, of section 3 of the Wallasey Improvement Act, 1861, of section 21 of the Wallasey Improvement Act, 1864, and of section 17 of the Wallasey Improvement Act, 1872, the Wallasey Local Board were authorised to borrow on mortgage of the Wallasey Ferries Account, and of the ferries for the time being belonging to or leased by the Local Board, and the steam and other boats, materials, and things connected therewith, and also (as a collateral security) of their General District Rate, and in addition to the moneys wliich they were authorised to bon-ow under the Public Health Acts, the several sums of seventy-five thousand pounds, fifty thousand pounds, forty-five thousand pounds, and seventy-four thousand pounds respectively ; And whereas under the provisions of section 9 of the Wallasey Improvement Act, 1867, the Wallasey Local Board are empowered, subject to the provisions of that Act, to acquire, by agreement, for the purposes of their gasworks, the lands described in schedule A to that Act ; And whereas the said local Acts are local Acts within the meaning of, and relate to the same subject-matters as, the Public Health Act, 1875, and the said Urban Sanitary Authority have applied to the Local Government Board to alter and amend the same as herein- after mentioned ; And whereas the Local Government Board, on receipt of such application, directed a local inquiry to be held on the subject, and the same was held, after due public notice, and report has been made to them thereon : Now, therefore, we, the Local Government Board, in pursuance of the powers given l^y the statutes in that l^ehalf, do hereby order that, from and after the twenty-ninth day of September, one thousand eight hundred and seventy-seven, the following provisions shall take effect, viz. : — • I. Section 68 of the Wallasey Improvement Act, 1858, shall be amended, and shall provide that the provisions as to selling, letting, exchanging, or otherwise appropriating the land therein mentioned, 40 & 4:1 Vict. Local Government ch. ccxxvii. 249 BoarcVs Provisional Orders Gonjirmation (Caistor Union, dc.) Act, 1877. shall extend to any land acquired by the said Local Board for the piu-poses of constructing new piers or landing-stages, or widening and improving the approaches thereto. II. Section 30 of the Wallasey Improvement Act, 1867, shall be altered and amended as follows ; viz. : — The said Local Board may borrow in accordance with and under and subject to the provisions of that Act, and subject to the sanction of the Local Government Board, any sum or sums not exceeding in the whole the sum of twenty-five thousand pounds, in addition to the sum of twenty thousand pounds therein mentioned, such additional sum or sums to be repaid in the manner provided by section 234 of the Public Health Act, 1875, and to be applied towards the construction, alterations, and extensions of their gas- works, and the pipes, works, and conveniences connected therewith. [FUKTHEK BOBIIOWING PoWERS : — Gas : The Wallasey Order, 1883, art. 1. ,, 1892, art. 2. ,, ,, ,, 1896, art. 1. „ 1898, art. 1.] III. Section 17 of the Wallasey Improvement Act, 1872, shall be altered and amended as follows; viz. : — The said Local Board may Ijorrow, in accordance with and under and subject to the provisions of that .\ct, and subject to the sanction of the Local Government Board, any sum or sums not exceeding in the whole the sum of one hundred and two thousand five hundred pounds, in addition to the sum of scventy-foui' thousand pounds therein mentioned, such additional sum or sums to be repaid in the manner provided by section 234 of the Public Health Act, 1875, and to be applied towards the construction of the piers, landing-stages, and approaches at Seacombe Ferry, and the provision of new boats for the ferries between Liverpool and Wallasey. [FUKTHEU BORKOWING PoWERS I Fcrricti : The Wallasey Order, 1881, art 1. ,, ,, ,, 1883, art. 2. ,, ,, ,, 1895, art. 1. „ 1897, art. 1.] IV. Section 27 of the Wallasey Improvement Act, 1864, shall be wholly repealed, except so far as the same ma}- have been acted upon, and in lieu thei-eof it shall be provided that all the provisions of the Public Health Act, 1875, with respect to borrowing powers (except sub-sections 2 and 3 of section 231) shall apply to all moneys to be hereafter l)oriowed under the liereinbeforc mentioned Local Acts as hereby altered, as if they were loans contracted under the said Public Health Act, 1875. [As to provisions for repayment and sinking fund, vide art. 2 of The Wallasey Order, 1881, and arts. iv. to viii. of The Wallasey Order, 1883.] 250 'iO&4lVict. Locdl Govern nient ch. ccxxvii- Board's Provisional Orders Confirmation {Caistor Union, dc.) Act, 1877. V. Section 9 of The Wallasey Improvement Act, 1867, shall be altered and amended as follows ; viz. : — The Local Board may acquire by agreement, for the purposes of their gasworks, the land described in the schedule hereto, and may make and maintain thereon gasworks, l:)uildings, gasometers, and appai'atus, with approaches thereto, for the manufactiu'c, storage, and supply of gas, and may on such land do all such other acts as they think necessary for manufacturing and storing gas. Provided that no gasworks or building or apparatus connected therewith shall be constructed on such land at a greater distance than one hundred and twenty yards from the northern boundary of the existing gasworks. [This article is altered by The Wallasey Order, 1892, art. 1, which confers powers for further extension.] The SCHEDULE above referred to. All that piece of land in the Township of Poulton-cum-Seacombe, in the County of Chester, situate, adjoining, and to the north of the Gasworks of the Wallasey Local Board, and to the north- east of the Dock Road and Limekiln Lane. Given under the Seal of Office of the Local Government Board, this fourth day of June, in the year one thousand eight hundred and seventy-seven. G. ScLATEK-BooTH, President. John Lambekt, Secretary. THE WALLASEY ORLEK (No. 2), 1877. LOCAL GOVERNMENT DISTRICT OF WALLASEY. Provisional Order for extending the Wahasey Local Government District, and of the provisions of certain Local Acts [This Order may be cited as The Wallasey Order (No. 2), 1877— Vide The Wallasey Order, 1896, art. ii.] To the Wallasey Local Board, being the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester ; — • To the Guardians of the Poor of the Birkenhead Union, in the County of Chester, being the Sanitary Authority for the Rural Sanitary District of that Union ; — 46 & 41 Vict. Local Government ch. ccxxvii. Q51 BoarcVa Provisional Orders Conjirniafion {Caistor Union., d-c.) Act, 1877. To the inhabitants of that part of the Parish of Wallasey which is situate in the said Rural Sanitary District ; — And to all others whom it may concern. Whereas by section 270 of the Public Health Act, 1875, the Local Government iioard are empowered, by Provisional Order, to declare the whole or any portion of a Rural Sanitary District immediately adjoining a Local Government District to be included in such last- mentioned district, and it is enacted that thereupon the included area shall, for the purposes of that Act, be deemed to form part of the district in which it is included by sucli Order ; And whereas by section 275 of the same Act it is enacted that every Order made by the Local Government Board under Part VIII. of that Act, which includes section 270 above recited, shall specify the day on which such Order shall come into operation (in that Act referred to as the commencement of the Ordei") ; and that where any Local Government District is increased in extent under that part of the Act, the Order shall prescribe the number of members to be elected for the District when altered ; And whereas by section 303 of the same Act, the Local Govern- ment Board are empowered, on the application of the Sanitary Authority of any sanitary district, by Provisional Order, wholly or partially to repeal, alter, or amend any local Act, other than an rVct for the conservancy of rivers, which is in force in any area comprising the whole or part of any such district, and not conferring powers or privileges on any persons or person for their or his own pecuniary benefit, which relates to the same subject-matters as the Public Health Act, 1875 ; And whereas by the same section it is enacted tliat any such Provisional Order may provide for the extension of the provisions of the Local Act referred to therein beyond the district or districts within the limits of such Act, or for the exclusion of the whole or a portion of any such district from the application of such Act ; and may provide what Sanitary Authority slnill have jurisdiction for tlie purposes of the Public Healtli Act, 1875, in any area which is by such Order included in, or excluded from, such district ; And wlicreas the Ijocal Government District of Wallasey, in the County of Chester, is an Urban Sanitary District, of which the Wallasey Local Board are the LIi-l)an Sanitary Authority, and certain local Acts of Parliament, intituled respectively the Wallasey Improvement Act, 1845, the Wallasey Improvement Act, 1861, the Wallasey Improvement Act, 1864, the Wallasey Improvement Act, 1867, and the Wallasey Jmpi'ovement Act, 1872, are in force in the said district ; And whereas parts of tlie said local Acts were altered and partially repealed by certain provisional orders of the General Board of Health and of one of Her Majesty's Principal Secretaries of State respectively, which were duly confirmed by the Public Health Supplemental Act, 1853 (No. 1), and the Local Government Supplemental Act, 1870 ; 252 40 & 41 Vict. Local Governineiii ch. ccxxvii. BoarcVs Provisional Orders Confirmation {Caistor Union, d'c.) Act, 1877. And whereas the said local Acts are local iVcts within the meaning of, and relate to the same subject-matter as, the Public Health Act, 1875; And whereas part of the Parish of Wallasey is situated in that part of the Eural Sanitary District of the Birkenhead Union, in the County of Chester, which immediately adjoins the said Local Government District of Wallasey, and the Wallasey Local Board have applied to the Local Government Board to issue a Provisional Order to include the said part of the Parish of Wallasey in their district, and to provide for the extension of the provisions of the said local Acts beyond the district within the limits of such Acts ; And whereas the Local Government Board, upon receipt of such application, directed local inquiry to be held on the subject thereof-, and the same was held, after due public notice thereof, and report has been made to them thereon : Now therefore, we, the Local Government Board, in pursuance of the powers given by the statutes in that behalf, do hereby declare that all that part of the Parish of Wallasey which is comprised in the Eural Sanitary District of the Birkenhead Union shall be included in, and shall, for the purposes of the Public Health Act, 1875, be deemed to form part of, the Local Government District of Wallasey. [_Vide The Wallasey Order, 1852, art. 1. The Wallasey Local Board Act, 1890, sec. 5, defines the sea and river boundary of the district.] And we do hereby order as follows ; viz. : — I. This Order shall come into operation on the twenty-ninth day of September, one thousand eight hu.ndred and seventy-seven. II. The number of members constituting the Wallasey Local Board shall, from and after the said twenty-ninth day of September, remain and be the same as before the date of this Order. III. The provisions of the above-mentioned Local Acts, as altered and partially repealed by the above-mentioned Provisional Orders and by a Provisional Order of the Local Government Board dated the fourth day of June, one thousand eight hundred and seventy- seven, shall be extended beyond the district heretofore within the limits of such Local Acts, and shall apply to and be in force within the Local Government District of Wallasey as hereby extended, and the Wallasey Local Board shall have jurisdiction for the purposes of the Public Health Act, 1875, in such extended district. [The Wallasey Improvement x\ct, 1858, also extended and applied by the Wallasey Order, 1878, having been accidentally omitted from this Order.] Given under the Seal of Office of the Local Government Board, this fifth day of June, in the year one thousand eight hundred and seventy-seven. L.s. G. ScLATER-BooTH, President. John Lambert, Secretary. 41 Vict. Session 1878. ch. viii. 253 Local Government Board's Seo. 1-2 Provisional Orders Confirmation (Bristol, &c.) Act, 1878. Confirming The Wallasey Order, 1878. AN ACT to confirm certain Provisional Orders of the Local Government Board relating to the City of Bristol the Rural Sanitaay District of Chester-le- Street Union, the Local Government District of Finchley, the Rural Sanitary District of the Newbury Union, and the Local Government Districts of Wallasey and West Derby. 16th April, 1878. WHEREAS the Local Government Board have, as regards the districts herein mentioned, made the Provisional Orders set forth in the schedule heremito annexed, under the provisions of the Public 33 & 39 Vict. Health Act, 1875 : ch. 55. And whereas it is requisite that the said Orders should be confirmed by Parliament : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1. The Orders as set out in the schedule hereunto annexed shall The Pro- be and the same are hereby confirmed, and all the provisions yi^^°"^\ thereof shall, from and aftei- the passing of this Act, have full schedule validity and force. confirmed 2. This Act may be cited as tlie Local Government Board's short title. Provisional Orders Confirmation (Bristol, ike.) Act, 1878. [The omitted Orders relate to districts other than Wallasey.] 254 41 Vict. Local Goverinnent _ cli. viii. BoarrVs Provisional Orclerfi Confirmation {Bristol, dc.) Act, 1878. THE WALLASEY ORDEE, 1878. LOCAL GOVEKNMENT DISTEICT OF WALLASEY. Provisional Order for extending the provisions of a Local Act. [This Order may be cited as The Wallasey Order, 1878.— Vide The Wallasey Order, 1896, art. TL] To the Wallasey Local Board, being the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester ; — And to all others whom it may concern. Whereas by section -303 of the Public Health Act, 1875, the Local Government Board are empowered, on the application of the Sanitary Authority of any Sanitary District, l)y Provisional Order, wholly or partially to repeal, alter, or amend any Local Act, other than an Act for the conservancy of rivers, which is in force in any area comprising the whole or part of any such district, and not conferring powers or privileges on any persons or person for their or his own pecuniary benefit, which relates to the same subject-matters as the Public Health Act, 1875 ; And whereas by the same section it is enacted that any such Provisional Order may provide for the extension of the provisions of the Local Act referred to therein beyond the district or districts within the limits of such Act, or for the exclusion of the whole or a portion of any such district from the application of such Act ; and may provide what Sanitary Authority shall have jurisdiction for the purposes of the Public Health Act, 1875, in any area which is l^y such order included in, or excluded from such district ; And whereas the Local Government District of Wallasey, in the County of Chester, is an Urban Sanitary District, of which the Wallasey Local Board are the Urban Sanitary Authority ; And whereas in the month of January, 1877, the Wallasey Local Board applied to the Local Government Board to issue a Provisional Order to include in their district the part of the Parish of Wallasey which was situated in that part of the rural sanitary district of the Birkenhead Union, in the County of Chester, which immediately adjoined the said Local Government District of Wallasey, and to provide for the extension of the provisions of the Local Acts herein- after mentioned to the extended area of the said district ; And whereas at the time of such application certain Local Acts of Parliament, intituled respectively the Wallasey Improvement Act, 1845, the Wallasey Improvement Act, 1858, the Wallasey Improve- ment Act, 1861, the Wallasey Improvemeflt Act, 1864, the Wallasey Improvement Act, 1867, and the Wallasey Improvement Act, 1872, were in force in the area then comprised in the said district ; And whereas parts of the said Local Acts were altered and partially repealed by certain Provisional Orders of the General Board of 41 VIrt. Local Government eh. viii, 255 Board's Provisional Orders Confirmation {Bristol, dc.) Act, 1878. Health and of one of Her Majesty's Principal Secretaries of State respectively, which were duly confirmed hy the Public Health Supplemental Act, ]853 (No. 1), and the Local Government Supple- mental Act, 1870 ; And whereas the said Local Acts are Local Acts within the meaning of, and relate to the same suhject-matters as, the Public Health Act, 1875 ; And whereas the Local Government Board, upon receipt of such application, directed local inquiry to be held on the subject thereof, and the same was held, after due pul)lic notice thereof, and report was made to them thereon ; And whereas by a Provisional Order dated the fifth day of June, one thousand eight hundred and seventy-seven, and duly confirmed by the Local Government Board's Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877, the Local Government Board declared the part of the Parish of Wallasey which was comprised in the Eural Sanitary District of the Birkenhead Union to be included in the Local Government District of Wallasey, and ordered that that order should come into operation on the twenty-ninth day of September, one thousand eight hundred and seventy-seven, and that the pro- visions of the Wallasey Improvement Act, 1845, the Wallasey Improvement Act, 1861, the Wallasey Improvement Act, 1804:, the Wallasey Improvement Act, 1867, and the Wallasey Improvement Act, 1872, as altered and partially repealed by the above-mentioned Provisional Orders and by a further Provisional Order of the Local Government Board dated the fourth day of June, one thousand eight hundred and seventy-seven, likewise confirmed by the said Act of 1877, should be extended beyond the district theretofore within the limits of such Local Acts, and should apply to and be in force within the Local Government District of Wallasey as thereby extended, and that the Wallasey Local Board should have jurisdiction for the purposes of the Public Health Act, 1875, in such extended district; And whereas it is expedient that the provisions of the Wallasey Improvement xAct, 1858, which was accidentally omitted from the operative part of the said Provisional Order of the fifth day of June, one thousand eight hundred and seventy-seven, should be extended beyond the district within the limits of such Act : Now therefore We, the Local Government Board, in pui'suance of the powers given by the statutes in that behalf, do hereby oi'der that, from and after the twenty-ninth day of September, one thousand eight hundred and seventy-eight, the pi-ovisions of the Wallasey Improvement Act, 1858, as altered and partially repealed by the aforesaid Provisional Orders, shall be altered so as to extend beyond the district heretofore within the limits of such Act, and shall apply to and be in force within the Local Government District of Wallasey as extendetl by the aforesaid Provisional Order dated the fifth day of June, one thousand eight liundi'ed and seventy-seven. Given under tlie Seal of Office of the Local (jovernment Board, this twenty-second day of Jainiary, in the year one thousand eight liundred and seventy-eight. G. ScLATER-BooTH, President. ^■^' John Lambert, Secretary. 256 44 & 45 Vict. Session 1881. ch. clxii. Seo. 1—5 Local Government Board's Provisional Orders Confirmation (Acton, &c.) Act, i88i. Confirming the Wallasey Order, 1881. AN ACT to coDfirm certain Provisional Orders of the Local Government Board relating to the Local Govern- ment Districts of Acton, Buxton, and Crompton, the Port of Harwich, the Improvement Act District of Llandudno, the Borough of Monmouth, the Local Government District of Normanton, the Borough of Poutefract, the Local Government District of V^allasey, the Borough of Walsall, the Improvement Act District of Wath-upon- Dearne, and the Local Board of Health District of Woolwich. 11th August, 1881. WHEREAS the Local Government Board have, as regards the districts, port, and boroughs herein mentioned, made the Provisional 38 & 39 Vict. Orders set forth in the schedule hereto under the provisions of the ch. 55. * Public Health Act, 1875 : And whereas it is requisite that the said Orders as amended should be confirmed by Parliament, and that the provisions herein contained should he enacted in reference to certain of such Orders : Be it therefore enacted by the Queen's most Excellent Majesty, liy and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled and by the authority of the same as follows : The Orders in \ The Orders as set out in the schedule hereto shall be and the ^.''^ff.^^'^fi same are hereby confirmed, and all the provisions thereof shall, from and after the passing of this Act, have full validity and force : Short title. 5_ This Act may be cited as the Local Government Board's Provisional Orders Confirmation (Acton, &c.) Act, 1881. [The omitted Sections and Orders relate to disti'icts other than Wallasey.] 4:4 & 45 Vict. Local Government clt. clxii. 257 Boa7'd's Provisional Orders Confirmation (Acton, (&G.) Act, 188l! THE WALLASEY OEDEK, LS81. LOCAL GOVERNMENT DISTRICT OP WALLASEY. Provisional Order for altering and amending certain Local Acts and a Confirming Act. [This Order may be cited as the Wallasey Order, 1881 — Vide The Wallasey Order, 1896, Art. II.] To the Wallasey Local Board being the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester ; — And to all others whom it may concern. Whereas the Local Government District of Wallasey, in the County of Chester, is an Urban Sanitary District, of which the Wallasey Local Board (herein-after referred to as " the Local Board ") are the Urban Sanitary Authority, and certain Local Acts of Parliament, intituled respectively " The Wallasey Improvement Act, 1858," '' The Wallasey Improvement Act, 1861," " The Wallasey Improvement Act, 1864," and " The Wallasey Improvement Act, 1872," are in force in the said Url)an Sanitary District ; And whereas under the provisions of section 60 of the Wallasey Improvement Act, 1858, of section 3 of the Wallasey Improvement Act, 1861, of section 21 of the Wallasey Improvement Act, 1864, and of section 17 of the Wallasey Improvement Act, 1872, the Local Board were authorised to l)orrow on mortgage of the Wallasey Ferries Account, and of the ferries for the time being belonging to or leased by the Local Board, and the steam and other boats, materials, and things connected therewith, and also (as a collateral security) of their General District Rate, and in addition to the moneys which they were authorised to borrow under the Public Health Acts, the sevei-al sums of seventy-tive thousand pounds, fifty tliousand pounds, forty-five thousand pounds, and seventy-four thousand pounds respectively ; And whereas by section 303 of the Pul)lic Health Act, 1875, the Local Government Board are empowered, on the application of the Sanitary Authority of any Sanitary District, by Provisional Order, wholly or partiall}' to repeal, alter, or amend any Local Act, other than an Act for the conservancy of rivers, which is in force in any area comprising the whole or part of any such District, and not conferring powers or privileges on any persons or person for their or his own pecuniary benefit, which relates to the same subject- matters as the Public Health Act, 1875 ; And whereas l^y a Provisional Order of the Local Government Board dated the fourth day of June, One thousand eight hundred and seventy-seven, and duly confirmed by the Local Government Board's Provisional Orders Confirmation (Caistor Union, &c.) Act, 258 44 (S: 45 Vk-f. Local Government cli. clccii. Board's Provisional Orders Confirmation (Acton, dc) Act, 1881.' 1877 (which Order and Act nve herein-after respectively referred to as " the Order of 1877," and '■■ the Confirming Act of 1877," Section 17 of the Wallasey Improvement Act, 1872, was altered so as to enable the Local Board to borrow, in accordance with and under and subject to the provisions of that Act, and subject to the sanction of the Local Government Board, any sum or sums not exceeding in the whole the sum of one hundred and two thousand five hundred pounds, in addition to the sum of seventy-four thousand pounds therein mentioned, such additional sum or sums to be repaid in the manner provided by section 234 of the Public Health Act, 1875, and to be applied towards the construction of the piers, landing stages, and approaches at Seacombe Ferry, and the provision of new boats for the ferries between Liverpool and Wallasey ; And wheieas by the Order of 1877 section 27 of the Wallasey Improvement iVct, 1864 was wholly repealed, except so far as the same had been acted upon, and in lieu thereof it was provided that all the provisions of the Public Health Act, 1875, with respect to borrowing powers (except sub-sections 2 and 3 of section 234) sliould apply to all moneys to be thereafter borrowed under the Local xlcts mentioned in the Order of 1877, as thereby altered, as if they were loans contracted under the said Public Health Act, 1875 ; And whereas the said Local Acts are Local x\cts within the meaning of section 303 of the Public Health Act, 1875, and the Local Board, as such Urban Sanitary Authority as aforesaid, have applied to the Local Government Board to alter and amend the same ; And whereas the Local Government Board upon receipt of such application, directed local inquiry to be held on the subject, which inquiry was held, after due public notice, and report has been made to them thereon : Now therefore. We, the Local Government Board, in pursuance of the powers given to us by the statutes in that behalf, do hereby order that, from and after the date of the Act of Parliament confirming this order, the following provisions shall take effect, viz. : — Alt. I. Section 17 of the W^allasey Improvement Act, 1872, shall be further altered and amended so as to provide that the Local Board may, subject to the sanction of the Local Government Board, borrow, in accordance with and under and subject to the provisions of that Act as amended by the Confirming Act of 1877, and in addition to the sums of seventy-four thousand pounds and one hundred and two thousand five hundred pounds which they are empowered to borrow upon the security of the W^allasey Perries Accounts under that section as amended by the Confirming Act of 1877, any sura or sums not exceeding in the whole the sum of twenty-two thousand pounds, such additional sum or sums to be repaid in the manner provided by section 234 of the Public Health Act, 1875, and to be applied towards the execution and completion of works at the New Brighton and Seacombe Ferries. • Provided that all the provisions of the Public Health Act, 1875, with respect to borrowing powers (except sub-sections 2 and 3 of section 234) shall applv to moneys borrowed under the powers 44 & 45 Vict. Local Government cli. clxii. 259 BoarcVs Provisional Ordei^s Confirmation {Acton, dc.) Act, 188] ." hereby conferred as if they were loans contracted under the said Pubhc Health Act, 1875. {Vide the Wallasey Order 1883, arts. 4 to 8 : provisions for repayment and sinking fund. FuETHER Borrowing Powers : — Ferries— The Wallasey Order, 1883, art. 2. 1895, art. 1. „ 1897, art. 1.] Art. II. The Wallasey Improvement Act, 1872, as altered by the Confirming Act of 1877, shall he further altered and amended so as to provide as follows : (a) The Clerk of the Local Board, shall, within twent}-one days after the Twenty-fifth day of March in every year during which any sum is required to be paid as an instalment, or to be set apart for a sinking fvind, in respect of moneys borrowed under the powers conferred by this Order, or in respect of moneys re-borrowed for the repayment of moneys so borrowed, transmit to the Local Government Board a return in such form as may be prescribed b}' that Board, and verified l)y statutory declaration, if so required by them, showing the amounts which have been paid as instalments, and the amounts which have been invested or applied for the purposes of such sinking fund during the year next preceding the making of such return, and the description of the securities upon which any investment has been made, and the purposes to which any portion of the sinking fund or investment, or of the sums accumulated by way of interest, has been applied during the same period, and the total amounts (if any) remaining invested at the end of the year ; and in the event of any wilful default in making such return, such Clerk shall be lialjle to a penalty not exceeding twenty pounds, which shall be paid to the Local Government Board, and shall be recoverable by that Board in the same manner as penalties recoverable under the Public Health Act, 1875, in a summary manner, may be recovered by parties aggrieved within the meaning of that Act. [b) If it appears to the Local Government Board, by that return or otherwise, that the Local Board have failed to pay any instalment required to l)e paid, or to set apart any sum required for such sinking fund, or have applied any portion of the money set apart for such sinking fund, or of tlie 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 paid by way of instalment, or bo set apart and invested, or applied as part of such 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. Given under the Seal of Office of the Local Government Board, this Seventh day of May, in the year One thousand eight hundred and eighty-one. J. G. DoDSON, President. John Lambert, Secretary. 260 46 c^^ 47 Vict. Sfissimi 1883. ch. cxxxvii. ^®°- ^ ^ Local Government Board's Provisional Orders Confirmation (No. 7) Act, 1883. Confirming the Wallasey Order, 1883. AN act to confirm certain Provisional Orders of the Local Go verDment Board relatiugtothe Local Government District of Bognor, the Borough of Cheltenham, the Improvement Act District of Chiswick, the Borongh of Plymonth, the Local Government District of Skipton, the Borough of Stockton and the Local Government District of South Stockton, and the Local Government Districts of Stroud and Wallasey. 2nd August, 1883. WHEEEAS the Local Government Board have, as regards the boroughs and districts herein mentioned, made the Provisional Orders set forth in the schedule hereto, under the provisions of the Public Health Act, 1875 : And whereas it is requisite that the said Orders should be confirmed by Parliament, and that the provisions herein contained should be enacted with reference to two of such Orders : Be it therefoL'e enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : The Orders ill 1. The orders set out in the schedule hereto shall be and the schedule same are hereby confirmed, and all the provisions thereof shall, from confirmed. ^^^ after the passing of this Act, have full validity and force. Short title, 4. This Act may be cited as the Local Government Board's Provisional Orders Confirmation (No. 7) Act, 1883. [The omitted sections and orders relate to districts other than Wallasey.] 4:6 & 47 Vict. Local Government cli. c.r.xxvii. 261 BoarcVti Provisional Orders Confirmation {No. 7) Act, 1883. THE WALLASEY ORDER, 1883. LOCAL GOVEENMENT DTSTEICT OF WALLASEY. Provisioual Order lor alteriug aud amending certain Local Acts and Confirming Acts. [This order may be cited as The Wallasey Order, 1883. Vide The Wallasey Order, 1896, art. 2.] To the Wallasey Local Board, being the sanitary authority for the Urban Sanitary District of Wallasey in the county of Chester. And to all others whom it may concern. Whereas the Local Government District of Wallasey, in the county of Chester, is an Urban Sanitary District, of which the Wallasey Local Board (herein-after referred to as " the Local Board ") are the Urban Sanitary Authority ; And whereas by section 17 of the Wallasey Improvement Act, 1858 (herein-after referred to as "the Act of 1858,") the Local Board were empowered to construct gasworks, apparatus, and buildings, with approaches thereto, and to do all such other acts as they should think necessary for manufacturing gas and supplying the inhabitants and lighting the streets within the limits of that Act ; And whereas by section 60 of the Act of 1858, the Local Board were empowered from time to time, to boirow on mortgage of the Wallasey Lighting Account and of the gasworks for the time being vested in or belonging to them any sum not exceeding ten thousand pounds. And whereas by section 3 of the Wallasey Improvement Act, 1861 (herein- after referred to as " the Act of 1861,") an additional sum not exceeding ten thousand pounds, and by section 30 of the Wallasey Improvement Act, 1867 (hereinafter referred to as " the Act of 1867," j additional sums not exceeding ii: the whole twenty thousand pounds were authorised to be borrowed for gasworks purposes ; And whereas b} article li. of a provisional order of the Local Government Board, dated the fourth day of June, one thousand eight hundred and seventy-seven, and conhrnied by the Local Government Board's Provisional Orders Conlirmation (Caistor Union, &c.) Act, 1877 (which Order and Act arc respectively hereinafter referred to as " the Order of 1877 " and " the Confirming Act of 1877,"') the Local Board were empoweied to borrow for gasworks purposes in accordance with and under and subject to the provisions of the Act of 1867, and subject to the sanction of the Local Government Board, an additional sum or sums not exceeding in the whole the sum of twenty-five thousand pounds ; 262 46 & 47 Vict. Local Government ch. cxxxvii. Board's Provisional Orders Confirmation (No. 7) Act, 1883. And whereas by sections 36 and 37 of the Act of 1858 the Local Board were empowered to purchase, hold, and use certain ferries, and from time to time to hire, charter, provide, purchase, and maintain such steam and other boats, materials, and things, and to employ and recompense such persons as should be necessary for the proper and efficient working of any such ferry ; And whereas by section 60 of the Act of 1858 the Local Board were empowered from time to time to borrow for ferry purposes on the security therein mentioned sums not exceeding seventy-five thousand pounds ; And whereas by section 3 of the x\ct of 1861 the Local Board were empowered to borrow for the like purposes additional sums not exceeding fifty thousand pounds ; And whereas by section 21 of the Wallasey Improvement Act, 1864, hereinafter referred to as " the Act of 1864," the Local Board were empowered to borrow for the like purposes additional sums not exceeding in the whole forty-five thousand pounds ; And whereas by section 17 of the Wallasey Improvement Act, 1872 (herein-after referred to as " the Act of 1872/') the Local Board were empowered to borrow for the like purposes additional sums not exceeding in the whole seventy-four thousand poiuids ; And whereas by article III. of the order of 1877 as confirmed by the Confirming Act of 1877, the Local Board were for the like purposes empowered to borrow in accordance with and under and subject to the provisions of the Act of 1872, and subject to the sanction of the Local Government Board additional sums not exceeding in the whole one hundred and two thousand five hundred pounds ; And whereas iiy article 1. of a provisional order of the Local Government Board, dated the seventh day of May, one thousand eight hundred and eighty-one, and confirmed by the Local Government Board's Provisional Orders Confirmation (Acton, &c.) Act, 1881 (which Order and Act are hereinafter respectively referred to as " the Order of 1881 " and " the Confirming Act of 1881,") the Local Board were for the like purposes empowered, subject to the sanction of the Local Government Board, to borrow in accordance with and subject to the provisions of the Act of 1872 as amended by the Confirming Act of 1877, additional sums not exceeding in the whole the sum of twenty-two thousand pounds ; And whereas by section 22 of the Act of 1872 the Local Board were authorised from time to time out of any rates, rents, tolls, or duties levialjle or receivable by them to set aside any money, not exceeding four thousand pounds in any year, for the purpose of forming a depreciation fund, and providing for the renewal, repair, re-construction or extension of their waterworks, gasworks, ferries, and steamboats and the plant connected therewith respectively, and from time to time to apply the same accordingly ; And whereas by section 61 of the Act of 1858 certain provisions of the Pubhc Health Act, 1848, including the requirements of section 113 of that Act with regard to the appropriation and setting apart and investment of the sinking fund therein mentioned, were rendered applicable to the mortgages of the Local Board under the Act of 1858 ; 46 & 41 Vict. Local Government ch. cxxxvii. 263 Board's Provisional Orders Confirmation {No. 7) Act, 1883. And whereas an enactment to the hke effect was contained in section 4 of the Act of 1861 ; And whereas by section 22 of the Act of 1861, the provisions of section 57 of the Local Government Act, 1858, instead of section 113 of the Pubhc Healtli Act, 1848, were rendered apphcable to the mortgages of the Local Board under the x\ct of 1864, but subject to the provisions of section 27 of that Act with regard to the period assigned for the re-payment of borrowed moneys ; And whereas provisions to the like effect were contained in the Act of 1867; And whereas by section 18 of the Act of 1872 it was enacted that the provisions of the Public Health Acts relating to mortgages should be apphcable to the mortgages of tlie Local Board under the Act of 1872; And whereas by section 313 of the Public Health Act, 1875, it was enacted that where in any Act in force at the time of the passing of the Pul)lic Health Act, 1875, any provisions of any of the Sanitary Acts repealed by that Act are mentioned or referred to such Act should be read as if the provisions of the Pubhc Health Act, 1875, applicable to purposes the saiTie as or similar to those of the repealed provisions were therein mentioned or referred to instead of such repealed provisions, and were substituted for the same, but that nevertheless those substituted provisions should have effect, subject to any modification or restriction in such Act expressed in relation to the repealed provisions therein mentioned or referred to ; And whereas by Articles II. and III. of the Order of 1877, as con- firmed by the Confirming Act of 1877, the provisions of section 234 of the Public Health Act, 1875, were rendered applicable to the loans i thereby authorised ; And whereas by Article IV. of the Order of 1877, as confirmed by the Confirming Act of 1877, it was enacted that section 27 of the Act of 1864 should be wholty repealed, except so far as the same might have been acted upon, and that in lieu thereof all the provisions of the Public Health Act, 1875, with respect to borrowing powers (except sul)- sections 2 and 3 of section 234), should apply to all moneys to be thereafter borrowed undei' the thereiu-before mentioned Local Acts as thereb}- altered, as if thev were loans contracted under the Public Health Act, 1875 ; And whereas by Article I. of the Order of 1881, as confirmed by the Confirming Act of 1881, it was provided that all the provisions of the Public Health Act, 1875, with respect to borrowing powers (excepi sub-sections 2 and 3 of section 234), should apply to moneys borrowed under the powers thereby conferred as if they were loans contracted under the said Public Health Act, 1875 ; And whereas the sums set apart by the Local Board as sinking funds in respect of moneys borrowed under the several Acts herein- before recited, are less than the sums which should have been set apart in accordance with the requirements of the statutory provisions applicable to such sinking funds ; And whereas by section 62 of the Act of 1858, section 5 of the Act of 1861, section 23 of the Act of 1864, section 31 of the Act of 1867, 264 46 & 47 Vict. Local Government ch. cxxxvii. Board's Provisional Orders Confirniation (No. 7) Act, 1883. and section 19 of the Act of 1872, provision was made with regard to the priority of certain mortgages ; And whereas the Act of 1858, the Act of 1861, the Act of 1864, the Act of 1867. and the Act of 1872, are Local Acts within the meaning of section 303 of the Puhhc Health Act, 1875 ; And whereas the Confirming Act of 1877 and the Confirming Act of 1881 are Acts which under section 297 of the Public Health Act, 1875, may be repealed, altered, or amended by any Provisional Order made by the Local Government Board and confirmed by Parliament ; And whereas the Local Board have applied to the Local Govern- ment Board to issue a Provisional Order to alter and amend the said Local Acts and Confirming Acts : Now therefore. We, the Local Government Board, in pursuance of the powers given to Us by sections 297 and 303 of the Public Health Act, 1875, and by any other Statutes in that behalf, do hereby Order that from and after the date of the Act of Parliament confirming this Order (herein-after referred to as "the commencement of this Order"), the following provisions shall take effect ; namely,— Art. 1. The Confirming Act of 1877 so far as it confirms Article II. of the Order of 1877 shall be altered and amended, and section 30 of the Act of 1867 shall be further altered and amended so as to provide as follows : In addition to the sums of twenty thousand pounds and twenty- five thousand pounds which the Local Board were empowered under section 30 of the Act of 1867, as amended by the Confirming Act of 1877, to borrow, the Local Board may, subject to the sanction of the Local Government Board, borrow from time to time, on mortgage of ' the securities mentioned in the said section, any sum or sums not exceeding in the whole the sum of twenty thousand povmds, to be applied to the extension of the works of the Local Board for the manufacture and storage of gas, to the conversion of the residual products arising from their gasworks, to the extension of their mains and of service pipes and lamps, and to the provision of meters, or to any one or more of such purposes. All the provisions of the Public Health Act, 1875, with respect to borrowing powers (except sub-sections 2 and 3 of section 234, and subject to so much of Article IV. of this Order as relates to the investment of the sinking fund), shall apply to all moneys to be borrowed by the Local Board in the exercise of the powers conferred by this xArticle, as if they were loans contracted under the said Public Health Act, 1875. [PURTHEE BOKROWING PoWERS G«s.— The Wallasey Order, 1892, Art. 2, ,, ,, 1896, ,, 1, 1898, „ 1.] Art. II. The Confirming Act of 1877, so far as it confirms x\rticle III. of the Order of 1877, and the Confirming Act of 1881, so far as it confirms Article I. of the Order of 1881, shall be altered and amended, and section 17 of the Act of 1872 shall be further altered and amended so as to provide as follows : 46&47 Vict. Local Government cJi. cxxxvii. 265 Board'-s Provisional Orders Conjirmation {No. 7) Act, 1888. In addition to the sums of seventy-four thousand pounds, one hundred and two thousand five liundred pounds, and twenty-two thousand poiinds, which the Local Board were empowered to borrow- under section 17 of the Act of 1872 as amended by the Confirming Act of 1877 and the Confirming Act of 1881, the Local Board may, subject to the sanction of the Local Government Board, borrow^ from time to time, on mortgage of the securities mentioned in the said section, any sum or sums not exceeding in the whole the sum of ■■thiytji thouscmd poundu, to l)e applied towards the payment of the cost of providing new steamboats for the ferries for the time being belonging to or leased by the Local Board. All moneys borrowed by the Local Board in pursuance of the powers conferred by this Article shall be repaid within such period, not exceeding ten years from the date of boi-rowing, as the Local Government Board may, by their sanction, determine. All the provisions of the Pul:)lic Health Act, 1875, with respect to borrowing powers (except sub-sections 2 and 3 of section 231, and so much of sub-section 4 of that section as prescribes the period for which money may be l)orrowed, and sul)ject to so nmch of Article IV. of this Order as relates to the investment of the sinking fund) shall apply to all moneys to be borrowed by the Local Board in the exercise of the powers conferred by this Article as if they were loans contracted under the said Public Health Act, 1875. [*Altered io fifty -five thotisand poiiiuh by art. I of the Wallasey Order, 1895, money borrowed under the additional powers to be repaid within such period not exceeding 20 years as the Local Government Board may by their sanction determine. By art. 1 of the Wallasey Order, 1897, power is given to borrow a further sum of £10,600 for the purposes of a dredger in connection with the ferry undertaking.] Art. III. Section 22 of the Act . of 1872 shall l)e altered and amended by the substitution of the words " eight thousand pounds " for the words " four thousand pounds." Art. IV. The Act of 1858, the Act of 1861, the Act of 1864, the Act of 1867, and tlie Act of 1872, and so much of the Confirming Acts of 1877 and 1881 as confirm the Orders of 1877 and 1881, shall be altered and amended so as to provide that notwith- standing anything therein contained all moneys borrowed by the Local Board under the said x\cts or Orders, or under either of them, shall, except as to so much of the moneys so borrowed as shall have been repaid before the commencement of this Order, and as will be repaid Ijy means of the amounts required to be appropriated and set apart under Article VII. of this Order, be repaid by the Local Board either by equal annual instalments of principal, or of principal and interest, or by setting apart in every year as a sinking fund such a sum or sums as will, according to a reasonable calculation for the time being, with accumulations in the way of compound interest, be sufficient after payment of all expenses to pay off the money so borrowed within the unexpired part of the period prescribed for the repayment of the money so borrowed. If the repayment be by means of a sinking fund, the Local Board shall invest the same in the purchase of exchequer bills or other 266 46 & 4.1 Vict. Local Government ch. cxxxvii. Board's Provisional Orders Conprniation (No. T) Act, 1883. & government securities or in securities in which trustees are by law for the time l)eiiig authorised to invest, or in mortgages, debentures, debenture stock, or other securities issued l)y any local authority as defined by section 34 of the Local Loans Act, 1875, other than the Local Board, with liberty from time to time to vary and transpose such investments and at any time to apply the whole or any part of the sinking fund in or towards the discharge of the money for the repayment of which the fund is established : Provided that the Local Board pay into the fund each year and accumulate until the whole of the money borrowed is discharged a smn equivalent to the interest which would have been produced by the sinking fund or the part of the sinking fund so applied. Art. V. So much of the Confirming Act of 1877 as confirms Article IV. of the Order of 1877, and so much of the Confirming Act of 1881 as confirms Article I. of the Order of 1881 shall be altered and amended so as to provide that so much of Article IV. of this Oi'der as relates to the investment of the sinking fund therein mentioned shall extend to any sinking fund which, in pursuance of Article IV. of the order of 1877 and of Article I. of the Order of 1881, and of such of the provisions of the Public Health Act, 1875, with respect to borrowing powers as are mentioned in those Articles may have been or may hereafter be set aside for securing the repayment of any l)orro\ved moneys to which the said Articles apply. Art. VI. The Local Board shall apply all sums appropriated and set apart under Article VII. of this Order and all sums standing to the credit of sinking funds at the commencement of this Order in respect of moneys borrowed by the Local Board under the said Acts or under either of them or under the provisions of the Order of 1877 and the Order of 1881 in the repayment of the principal moneys in respect of which such sums were respectively appropriated and set apart as sinking funds, and pending such application shall invest such sums in any of the securities in which sinking funds may be invested under Article IV. of this Order. Art. VII. The Act of 1858. the Act of 1861, the Act of 1864, the Act of 1867, and the Act of 1872 shall be altered and amended so as to provide that the Local Board shall, within twenty years from the commencement of this Order, out of the rates, funds, and revenues out of which the same should have been appropriated and set apart, appropriate and set apart as sinking funds the amounts which before the commencement of this Oi'der should have been so appropriated and set apart in accoi'dance with the requirements in that behalf contained in the said Acts and which have not been so appropriated and set apart, and the amounts to be annually appropriated and set apart under this Article shall be such as the Local Board with the approval of the Local Government Board determine. Art. VIII. The Clerk of the Local Board shall within twenty-one days after the Twenty-fifth day of March in every year during which any sum is required to be paid as an instalment or to be set apart for a sinking fund under Articles I., II., IV., and VII., of 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 amounts which have been paid 46 & 47 Vict. Local Government ch. cxxxvii. 267 BoarcVs Provisiojial Orders Confirmation (No. 7) Act, 1883. as instalments and the anioiuits which have heen invested or apphed for the purposes of such sinking fund during the year next preceding the making of such return, and tlic description of the securities upon which any investment has heen made, and the purposes to which any portion of the sinking fund, or investment or of the sums accumulated hy way of interest has been applied during the same period, and the total amounts (if any) remaining invested at the end of the year ; and in the event of any wilful default in making sucli return, such Clerk shall be lialile to a penalty not exceeding twenty pounds, which shall be paid to the Local Government Board, and shall be recoveral)le by that Board in the same manner as penalties recoverable under the Pidilic Health Act, J 875, in a suumiary nianner may be recovered by parties aggrieved within the meaning of that Act. If it appears to the Local Govermnent Board by that retiu'n or otherwise that the Local Board have failed to pay any instalment required to l^e paid or to set apart any smn required for such sinking fund, or have applied any portion of the money set apart for such sinking fimd, or of the sums ;iccumulated 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 paid by way of instalment, or be set apart and invested or applied as part of such sinking fund ; and any such Order shall 1)6 enforceable by writ of mandamus to be obtained by the Local Government Board out of Her ^^lajesty's High Court of Justice. Art. IX. section 6'2 of the Act of 1868, section 5 of the Act of 1861, section 23 of the Act of 1864, section 31 of the Act of 1867, and section 19 of the Act of 1872 shall be altered and amended so as to provide that nothing in the said sections contained shall be deemed to apply to an} mortgages hereafter to be granted by the Local Board in the exercise of the powers conferred by section 25 of the Act of 1864 and by section 83 of the Act of 1867 with respect to the reborrowing of moneys, so as to assign to any such mortgage priority over any other mortgage to be granted in the exercise of the said powers. Given under the Seal of Office of the Local Government Board, this twenty-second day of May, one thousand eight hundred and eighty-three. ©Chables W. Dilke, President. Hugh Owen, Secretary. 268 51 & 52 Viet. Session 1888. ch. I TCll. Sec. 1—3 Local G OCAL GOVERNMENT DOARD S B( Provisional Orders Confirmation (No. 4) Act, 1888. Confirming The Wallasey Order, 1888. AN ACT to confirm certciin Provisional Orders of the Local Government Board relating to the Boroughs of Birkenhead and 8tockton-on-Tees, the Local Government Districts of Cleckheaton, Pickering, Hawmarsh, and Wallasey, and the Wirral Joint Hospital District. 28th June, 1888. 38 & 39 Vict. WHEEEAS the Local Government Board have made the ch. 56. Provisional Orders set forth in the schedule hereto, under the provisions of the Public Health Act, 1875 : And whereas it is requisite that the said Orders should be confirmed by Parliament, and that the provisions herein contained should be enacted with reference to two of such Orders : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the autliority of the same, as follows : 1 . The Orders set out in the schedule hereto shall be and the same are hereby confirmed, and all the provisions thereof shall, from and after the dates therein respectively mentioned, have full validity and force. Orders in schedule confirmed Short title. 3. This Act may be cited as the Local Government Board's Provisional Orders Confirmation (No. 4) Act, 1888. [The omitted Section and Orders apply to districts other than Wallasey.] 51 & 52 Vict. Local Government ch.lxii. 269 Board's Provisional Orders Confirmation (No. 4) Act, 1888. THE WALLASEY ORDER, 1888. LOCAL GOYEEXMENT DISTRICT OF WALLASEY. Provisional Order for altering a Local Act and a Confirming Act. [This Order may be cited as The \Yallasev Order, 1888. — Vide The Wallasey Order, 1896, Art. II.] To the Wallasey Local Board, being the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester ; — And to all others whom it may concern. Whereas the Local Government District of Wallasey, in the County of Chester (herein-after referred to as " the District"), is an Urban Sanitary District, of which the Wallasey Local Board (herein-after referred to as "the Local Board") are the Urban Sanitary Authority, and the Wallasey Improvement Act, 1845 (herein -after referred to as "the Local Act,") as partially repealed and altered by the Provisional Orders herein- after mentioned is in force in the District : And whereas the Local Act has been partially repealed and altered by the following Provisional Orders ; viz. : (1.) A Provisional Order of the General Board of Health dated the Ninth day of November, One thousand eight hundred and fifty-two, and duly confirmed by the Pubhc Health Supple- mental Act, 1853 (No. 1) (which Order and Act are herein-after respectively referred to as " the Order " and " the Confirming Act"); (2.) A Provisional Order of one of Her Majesty's Principal Secretaries of State dated the Ninth day of May, One thousand eight hundred and seventy, and duly confirmed by the Local Government Supplemental Act, 1870 ; (3.) A Provisional Order of the Local Governmeut Board dated the Fifth day of June, One thousand eight hundred and seventy- seven, and duly confirmed by the Local Government Board's Provisional Orders Confirmation (Caistor Union, 6cg.) Act, 1877 ; And whereas by Section 327 of the Local Act it was enacted that in that Act the words " hackney carriage " should include any coach, omnibus, chariot, car, fly, cabriolet, sociable, lorry, or such like carriage ; And whereas by Article 17 of the Order it was ordered that the sections of the Town Police Clauses Act, 1847, with respect (inter alia) to hackney carriages should be incorporated with so much of the Local Act as remained unrepealed by the Order, and with tlie Public Health Act, 184M, as applied to the town of Wallasey by the Order and the Confirming .\ct : Now therefore. We, the Local Government Board, in pursuance of the powers given to Us by Sections 297 and 303 of the Public Health Act, 1875, and by any other statutes in that behalf, do hereby Order that, from and after tlie date of the Act of Parliament confirming this Order, the Local Act and the Confirming Act, so far as it relates to the Order, shall be altered to as to provide as follows ; — 270 51 & 52 Vict. Local Government ch, Ixii. BocircV^ Provisioned Orders Confirmation (No. 4) Act, 1888. Art. I. — (1.) The terms "hackney coaches," "hackney carriages," " hackney carriage," "carriages," or "carriage," whenever used in such of tiie provisions of the Town Police Clauses Act, 1847, incor- porated with the Local Act by the Order, as are referred to in subdivision (2) of this Article, shall, anything in section 38 of the Town Police Clauses Act, 1847, notwithstanding, be deemed to include every omnibus ; and such provisions shall apply to the owners and drivers of every omnibus ; and the provisions of section 39 of the last-mentioned x\ct shall apply to omnibus licenses. (2.) The following are the provisions of the Town Police Clauses Act, 1847, to wliich reference is made in subdivision (1) of this Article, viz., sections 37, 40 to 52, both inclusive, 54, 58, and 60 to 67, both inclusive, and so much of section 68 as enables the Local Board from time to time to make l)yelaws for all or any of the folloAving purposes ; that is to say, — For regulating the conduct of the proprietors and drivers of hackney carriages plying within the prescril^ed distance in their several employments, and determining 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 distance" 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 district, 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, as incorporated with the Local Act by the Order, the fare, according 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 Local Board 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 driver 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 licensing day be appointed, and shall be subject to the power 51 & 52 Vict. Local Government ch. Ixii. Ill Board's Provisional Orders Gonfirmatioii (No. 4) Act, 1888. of suspension or revocation provided for hv section 50 of the Town Police Clauses Act, 1847. Art. II. The Local Board may make byelaws for all or any of the following purposes ; viz.: — (1.) To provide for the exhibition on some conspicuous 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 District — (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 for hire in, such omnibus, to the annoyance of such person, or of any other person, {/'.) 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 on or using any such omnibus : (3.) To fix the points within the District at which any omnibus shall or may take up and set down passengers. Art. III. — (1.) For the purposes of the Local x\ct, as altered by this Order, the term " omnibus " shall mean every omnibus, cbar-^-banc, waggonette, stage coach, and other caiiiage, plying or standing for hire by, or used to carry, passengers at separate fares to or from any part of the District (except tramway cars and carriages licensed by the Local Boai'd under the provisions of the Tramways Act, 1870, or of any Provisional Oi'der made thereunder and confirmed by Parliament), but nothing in this Order contained shall affect any omnibus bringing into the District passengers carried at separate fares, but not plying or standing for hire in the District, 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 I'ecovery and application of penalties, shall apply to all bye- laws made, altered or repealed by the Local Board 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 Article 1. of this Order, so far as they are by this Oi'der, i-endered applicable to omnibuses, and then- owners, drivers, and conductors. IVuh the Public Health Act. 1875, s. 182, ct ,srr/.] Art. IV. So uuich of section 327 of the Local Act as provides that the expi-essions "hackney carriage" mid "carriage" shall include " onmibus " shall be repealed. Given under the Seal of Office of tlie Local Government Board, this Thirtieth day of .\pril. One thousand eight hundred and eighty-eight. Chas. T. Ritchik, President. Hugh Owen, Secretarv. 272 53 & 54 Vict. Session 1890. ch. cxxi. THE WALLASEY LOCAL BOARD ACT, 1890. {53 and 54 Vict. c. 121.) AEEANGEMENT OF SECTIONS. Preamble. section. PAET I. — Preliminary. Short Title Division of x\ct into parts Interpretation Execution and limits of Act PAET II.— Foreshore. Defining sea and river l:)Oundary of district Foreshore and vacant land to be street for certain purposes Board may make bye-laws as to user of foreshore Provisions as to bathing ... Powder to annex conditions to licenses of bathing machine proprietors Protection of bathers Saving for Wallasey Embankment Commissionei'S Part II. not to apply to enclosed lands... PAET III. — Streets, Buildings, and Sewers. Deposit of plan to be void after certain interval Powers to vary position or direction of new streets ... Protection of footways Power to name or alter names of streets and names to be put up and houses to be numbered, &c. What to be deemed new buildings Height of buildings Height of rooms ... Certificate that houses fulfil certain requirements . . Power of inspection Power of surveyor on inspecting Hoards to be set up during progress of buildings, &c... Fencing in of vacant land Prevention of lock-up shops and other places of business being improperly used for purposes of hal^itati on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 53 & 54 Vict. The Wallasey Local Board Act, 1890. cJi. cxxi. 273 SECTION. 26 27 28 29 30 31 32 33 34 As to repair of vaults, &c., under streets ... Back yards to be paved, &c. ... ... ... ••• Penalty for not keeping common courts and passages clean . . . Power to make bye-laws for sanitary purposes Cesspools ... Public waterclosets, urinals, and lavatories Undertakings to bind successive owners Placing matters in sewers so as to affect run of water Steam, &c., not to be turned into sewers Board may inake communication between private drains and their sewers on payment, &c. ... ... ... ... 35 Extension of section 41 of the PubHc Health Act, 1875 ... 36 Exemption in respect of Her Majesty's buildings 37 PART IV. — Private Street Works. Definition of street ... ... ... ... ... .. 38 Definition of paving, metalling and flagging ... .. ... 39 Private street works ... ... ... ... ... ... 40 Objections to proposed works . ... ... ... ... 41 Hearing and determination of objections ... ... ... 42 Incidental works ... ... ... ... ... ... ... 43 Apportionment of expenses ... ... ... ... ... 44 Amendment of plans, &c. .. ... ... ... ... 45 Final apportionment and recovery of expenses ... ... 46 Charge on premises . . ... ... ... ... ... 47 Recovery of expenses summarily or by action .. ... ... 48 Contribution by Board to expenses ... ... ... ... 49 Exemption from expenses of Incumbent of church ... ... 50 Power for limited owners to borrow for expenses ... . . 51 Power of Board to borrow for private street works ... ... 52 Adoption of private streets ... ... ... ... ... 53 On street being paved, &c., Board to declare same public highway ... ... ... ... ... ... 54 Separate accounts of expenses of works ... ... ... 55 PART v. — Sanitary Provisions. Cowkeepers and others to furnish lists of customers in certain cases ... ... ... .. ... . . ... ... 56 Medical Ollicer may inspect dairies, &c., beyond district in certain cases ... ... ... ... ... ... 57 Persons engaged in washing or mangling clothes to furnish lists of owners of clothes in certain cases ... ... ... 58 Further powers in relation to disinfection of premises ... 59 T 274 53&54 Virf. The Wallasey Local Board ch. cxxi. Act,'imo. SECTION. Penalty on persons ceasing to occupy houses without previous disinfection, or giving notice to owner, or making false answers ... ... ... ... ... ... ... 60 Prohibiting the retention of dead bodies in certain cases ... 61 Bodies of persons dying in hospital, &c., of infectious dis- eases to be removed only for burial ... ... ... 62 Justices may in certain cases order dead bodies to be liuried.. 63 Corpses not to be carried in public conveyances ... ... 64 Detention of infected persons without proper lodging in hospital by order of Justice ... ... ... ... ... 65 Temporary shelter and nurses ... ... ... .. ... 66 Extension of sections 116 to 119 (inclusive) of Public Health Act, 1875 - Powers of entry for purposes of sections 49, 120, and 121 of Public Health Act, 1875 Saving for Acts relating to animals, &c. 67 68 69 PART VI.— Water and Gas. Bye-laws for testing and stamping water fittings . . ... 70 Forging stamps or marks ... ... ... ... ... 71 Rate payable ))y owner for small houses . . ... ... 72 Power to supply gas or water to local authorities and others... 73 PART VII. — Miscellaneous Provisions. Section 27 of Act of 1867 extended to persons refusing to pi'oduce their contract tickets ... ... ... ... 74 Passenger ferry steamers plying during fog ... ... ... 75 Cheshire Justices to have jurisdiction in respect of offences in river 76 Further powers as to slaughter houses .. . ... ... .. 77 Power to close pleasure grounds, &c., on special occasions, &c. 78 Bye-laws ... ... ... ... ... ... ... ... 79 Expenses of Execution of Act ... ... ... ... ... 80 As to appeal ... ... ... ... ... ... ... 81 Penalties ... ... ... ... ... ... . . ... 82 Recovery of penalties, &c. ... ... .. ... ... 83 Authentication and service of notices ... ... ... ... 84 General provisions as to bye-laws ... ... ... ... 85 Saving rights of tl'.e Crown ... ... ... ... ... 86 Saving rights of the Crown in the foreshore ... ... ... 87 Saving in favour of R. C. De Grey Vyner ... .. ... 88 Saving for Mersey Docks and Harbour Board . ... ... 89 Saving for Mersey Commissioners ... ... .. ... 90 Costs of Act 91 Schedule. 53 & 54 Vict. The Wallaseij Local Board ch.cxxi. 275 Act^'imo. AN ACT to make better provision for the Improvement and Health of the Local Government District of Wallasey in the Comity of Cliester and for other purposes. 25th July, 1890. WHEEEAS the local government district of Wallasey in the County of Chester (in this act called the district) is under the government of the Wallasey Local Board (in this Act called the Board) who are the urban sanitary authority of the district : And whereas the unrepealed provisions of the following local Acts (besides various orders confirmed by Parliament) are in force within the district (that is to say) ;— The Wallasey Improvement Act, 1845 ; The Wallasey Improvement Act, 1858 ; The Wallasey Improvement x\ct, 1861 ; The Wallasey Improvement Act, 18G4 ; The Wallasey Improvement Act, 1867 ; The Wallasey Improvement Act, 1872 ; Which Acts with the said orders are in this Act collectively referred to as the recited Acts and each of the said Acts is separately referred to as the Act of the year in which it was passed : And whereas it is expedient tlmt the Board should be invested with further powers of control ovei' the foreshore and seashore of their district, and that better provision should be made with reference to streets, buildings, and sewers within the district : And whereas the Seacombe Ferry, Egremont Ferry, and New Brighton Ferry with the works connected therewith are vested in and worked and managed by the Board, and it is expedient that further powers be conferred upon the Board in relation to those undertakings : And whereas the Board are the owners of the waterworks and gasworks which respectively supply the district with water and gas, and it is expedient that further powers in relation to those undertakings should be conferred upon the Board : 276 5S& 54: Vict. The Wallasey Local Board cli. cxxi. Act, 1890. Sec. 1 — 2 And whereas it is expedient that the powers of the Board in relation to the health and improvement of the district should he enlarged and that the recited Acts should be in divers respects amended : And whereas the objects aforesaid cannot be effected without the authority of Parliament : And whereas an absolute majority of the whole number of the Board at a meeting held on the first day of November, one thousand eight hundred and eighty-nine, after ten clear days' notice by public advertisement of the meeting and of the purpose thereof in the " Wallasey and Wirral Chronicle," a local newspaper published and circulating in the district, such notice being in addition to the ordinary notices required for summoning that meeting resolved that the expense in relation to promoting the Bill for this Act should be charged on the district fund and general district rate : And whereas that resolution was published twice in the said " Wallasey and Wirral Chronicle" and has received the approval of the Local Government Board : And whereas the propriety of the promotion of the Bill for this Act was confirmed by an aljsolute majority of the whole number of the Board at a further special meeting held in pursuance of a similar notice on the second day of January, one thousand eight hundred and ninety, being no less than fourteen days after the deposit of the Bill for this Act in the offices of the Houses of Parliament : And whereas the owners and ratepayers of the district by resolu- tion passed in the manner pi'escribed by the Public Health Act, 1875 (Schedule III.), have consented to the promotion of the Bill for this Act : INIay it, therefore, please your Majesty that it may be enacted and be it enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled, and by the authority of the same as follows (that is to say) : — PAET I. — Preliminary. Short title. 1 . This Act may be cited as the Wallasey Local Board Act, 1890. Division of 2. This Act is divided into parts as follows :— Act into parts. Part I. — Preliminary. Part II. — Foreshore. Part III. — Streets, Buildings and Sewers. Part IV.— Private Street Works. Part V. — Sanitary Provisions. Part VI. — Water and Gas. Part VII. — Miscellaneous Provisions, 53 & 54 Vict. The Walla.'iey Local Board ch. cxxi. 277 Act, 1890. ' Sec. 3—5 3. In this Act the following words and expressions have the Interpreta- meanings hereby assigned to them unless the subject or context ^^°^^- otherwise requires : "The district" means the local government district of Wallasey in the county of Chester as defined by this Act : " The Board " means the Wallasey Local Board : "The foreshore" means and includes the seashore and the fore- shore of the Eiver Mersey within the district : " Infectious disease " means any infectious disease to which the Infectious Disease (Notification) Act, 1889, for the tiine being applies within the district : [FzV/c the Infectious Disease (Notification) Act, 1889, sec. 6 (52 & 53 Vict. c. 72.)] "The clerk," "the surveyor," "the medical officer of health" and " the inspector of nuisances " mean respectively the clerk, the surveyor, the medical officer of health and the inspector of nuisances to the Board : " The district fund " and " general district rate " mean the district fund and general district rate of the district : "Daily penalty" means a penalty for each day on which any offence is continued after conviction : " The Public Health Acts " means the Public Health Act, 1875, and all Acts for the time being in force amending the same : Subject to the provisions of this Act words and expressions to which meanings are assigned by the Public Health Act, 1875, have in this Act the same respective meanings unless the subject or context otherwise requires : Provided that the expression " superior courts " or " court of competent jurisdiction" shall have effect as if the debt or demand with respect to which it is used were a simple contract del^t and not a debt or demand created by statute. 4. This Act shall be carried into execution by the Board with all Execution the powers, privileges, duties, obligations, and indemnities of the aud limits of Board as an urban sanitary authorit5^ And this Act shall unless ^'^*' otherwise expressed or implied apply only to the district. PAET II.— Foreshore. 5. The boundary of the district on the northern or seaward side Defining sea is hereby declared to l:>e the line of low water of the lowest spring and river tide of the Irish sea, and on the eastern side the Eiver Mersey to the '^?^i\^ Hoards to be 23, Before commencing the removal, or taking down, or the set up ciunng g^'ection or repair of any building abutting on, or within six feet of buildinas, &c. ^^^Y street being ii highway, or any other operations whereby any part of any such street may be obstructed or rendered inconvenient or dangerous, tlie contractor or other person having control of the work shall cause to be put up a hoard or fence, and also if required by the surveyor an overhead covering or hood and a convenient platform and hand-rail to serve as a footway for passengers in such position and of such dimensions and for such period and subject to such conditions as the surveyor may approve on application being made to him, and shall maintain the same respectively in good con- dition to the satisfaction of the surveyor, and such contractor or other person shall, on receiving permission from the surveyor and before putting up such hoard or fence, pay to the Board a sum equal to one halfpenny per month for every superficial yard of land enclosed from the street during the period for which permission is granted. The said erections shall be removed by such contractor or other person within the period limited by the surveyor, and on the removal of such erection the pavement or flagging of the street shall be restored or made good bv the Board and the cost thereof shall be paid by such contractor or other person. Fencing in of 24. If auy vacant or waste land is in the opinion of the Board, vacant land. fi-Qui want of sufficient protection or enclosure, dangerous to the passengers along any street, the Board may by notice require the owner or occupier of such land to enclose the same so as to prevent any danger therefrom, and if within fourteen days from the service of such notice, such owner or occupier shall fail to comply with the requirements thereof, the Board may cause such land to be enclosed in such manner as they may think fit, and the expense thereby incurred shall be recoverable from such owner or occupier summarily, or as a debt in any court of competent jurisdiction. [_Vide the Wallasey Improvement Act, 1845, sec. 118.] Prevention of 25. (1) Where on the plan of any building whether Ijuilt before lock-np shops or after the passing of this Act as deposited with and approved by ti!!„r ^r the Board, a part of such buildhig is described or shown as or places 01 1 ■ T T 1 T r 1 • 1 /■ 1 business appears to be mtended to be separated irom the remamder ot such being im- building for the purpose of being used a^ a lock-up shop, workshop, properly used shed, or place of business, and not a dwelling-house the use of such onmbitatiou P*^'^ ^^ such building for the purposes of human habitation shall be ' an offence, and every person who shall wilfully so use or knowingly 5SSz54Vict. TJie Walla.se// Local Board ch. cxxi. 283 .4f/,'l890. suffer to he so used such part of such huilding shall for every such Seo.26 — 27 offence he liahle to a penalty not exceeding forty shillings, and to a daily penalty not exceeding twenty shillings. (2) Provided that if such part of such huilding has in the rear thereof and adjoining and exclusively helonging thereto such an open space as is required by any Act or byelaw for the tnne being in force with respect to buildings intended to be used as dwelling-houses, and if such part of such Indlding lias undergone the structural alterations (if any) necessary in the opinion of the Board for converting it into a dwelling-house, the Board niay on the application of the owner thereof authorise the same to be used as a dwelling-house. (3.) Any justice of the peace by warrant under his hand may authorise any officer of the Board at any time to enter upon and examine any building suspected of being used in contravention of this section. (4) Every person who shall prevent or obstruct any such officer so authorised (and producing such authority if required) from or in making such inspection shall be liable to a penalty not exceeding forty shillings, and to a daily penalty not exceeding the like sum. 26. AH vaults, arches, and cellars at any time subsisting under As to repair any street, and all openings into such vaults, arches, or cellars in the of vaults, &c., surface of any such street, and all cellar heads, gratings, lights, and "'" *^^ ^ ^^^ ^■ coal holes existing in the surface of any such street, and all landings, flags, or stones of the path or street supporting the same respectively shall be by the owners or occupiers of the same, or of the houses or buildings to which the same respectively belong kept in substantial repair, and in good and proper condition, and so as not to occasion any injury to the street or passengers therein, and in default thereof the Boird may after twenty-four hours' notice in that behalf cause the same respectively to l)e repaired and put in good order, and the expenses of so doing may be recovered sunmiarily from the owner or occupier in default. [Vide The Wallasey Improvement Act, 1364, sec. 30.] 27, The l)ack yards of all houses which shall be l)uilt after the Back 3'ards to passing of this Act sliall be formed with sucli fall, and shall for the be paved, &c. space of at least one hundred and fifty square feet be flagged or asphalted or paved with such materials as shall be satisfactory to the Board for the purpose of carrying off the surface water to the drains of such houses, and if the back yard of any liouse erected before or after the passing of this Act shall not be so formed flagged, asphalted or paved so as to allow of the surface water being ca)-ried olT as aforesaid, the Board may give to the owner of such house notice in writing requiring him within seven days after such notice shall have been so given to proceed to form and to flag, asphalte or pave such back yard so as to allow of the sm-face water i)eing carried off to the drain of such house and within twentv-one da\ s after stich notice shall have been so tjiven to complete such several works to the satisfaction of the Board, and if such owner shall make default in complying with any of such requirements to the satisfaction of the J^oard within the respective times aforesaid the Board may if they think fit execute the works necessary for carrying out such requirements and the 284 5S&54:Vwf. The Wallaseij Local Board Act, 1890. :h. L'tAyit/(/» Sec. 28 — 31 expenses incurred by them in so doing shall be paid to the Board by such owner and shall be recoverable as a penalty under this Act is recoverable or shall be deemed private improvement expenses and be recoverable accordingly. Penalty for not keeping common courts and passages clean. Power to make bye- laws for sanitary j)urposes. Cesspools. Public water- closets, urinals and lavatories. 28' If ft,ny court or passage leading to the back of several buildings in separate occupations (such court or passage not being a pul)lic highway) be not legularly and effectually swept and kept clean and free from rubljish or other accumulation to the satisfac- tion of the Board the Board may if they think lit (after twenty-four hours' notice to the occupiers of such buildings of their intention to exercise the powers of this section) sweep and clean such court or passage, and the expense thereby incurred may be recovered in a summary manner in equal pi'oportions from the occupiers of the buildings in the court or to the back of which the passage leads. 29. The Board may from time to time make and enforce bye- laws for all or any of the following purposes (that is to say) For prescribing the times for the removal or carriage through the streets of any fcecal or offensive or noxious matter or liquid whether such matter or liquid shall be in course of removal or carriage from within or without or through the district and that the vessel, receptacle, cart or carriage used therefor shall be properly constructed so as to prevent the escape of any such matter or liquid and for compelling the cleansing of any place whereon such matter or liquid shall have been dropped or spilt in such removal or carriage. 30. No cesspool shall be made or continued on any premises if there is a sewer belonging to the Board within one hundred feet of any part of such premises fit to receive the drainage thereof except when in the opinion of the Board the making or continuance of such cesspool shall be unavoidable and when any cesspool shall be allowed to be made it shall be constructed in such situation and in such manner as the Board shall direct. Every person who shall make a new cesspool contrary to the provisions of this section or who shall continue an existing cesspool for two months after notice in writing from the Board to discontinue the same shall be liable to a penalty not exceeding five pounds and to a daily penalty not exceeding forty shillings. 31. The Board may erect and maintain or permit to be erected and maintained in any street or on land belonging to them or on land belonging to any person with the consent of the owner, lessee or occupier thereof for the time being, waterclosets, urinals, and lavatories for the use of the public and may charge for the use of such waterclosets and lavatories erected or maintained by them, such sums as they may think pi'oper, and the Board may make byelaws for the management of such waterclosets urinals and lavatories and for the conduct of the persons using the same. Every watercloset, urinal or lavatory erected Ijy permission of the Board under this section, shall be subject to such terms and conditions as the Board may prescribe with respect to the charges, if any, to be made for the use thereof and for repairing and keeping the same in proper order and for closing or removing the same if and when required by the Board, but nothing herein shall be held to authorise a charge for the use of a public urinal. successive owners. 53 & 54 Vict. The Wallase?j Local Board ch. crxi. 285 Act, 1890. Sec. 32— 35 32. Every undertaking or agreement iu writing given by or to Undertakings the Board to or l^y or on behalf of any owner of property on the *° ^i"<^. passing of plans or for the removal of obstructions or otherwise jj-j """""'" connexion with the property of such owner shall be binding upon the owner of the property for the time being and upon his successors in title and upon the Board, and may be enforced by either party in any court of summary jurisdiction by a penalty not exceeding five pounds for each breach of such undertaking or agreement and a daily penalty not exceeding twenty shillings for each such breach and such owner shall be entitled to require from the Board a copy of such undertaking or agreement and any intending owner of property shall be entitled to information from the Board as to the existence of any such undertaking or agreement affecting the property aiid the terms of the undertaking or agreement if any such exist. 33. It shall not be lawful for any person to throw or to suffer Placing or permit to be thrown or to pass into any drain or sewer any matters in matter or substance which would interfere with the free flow of the ^^^'^^'^J:^ ^° ^^ c , , i-i ij)--- ^to atteet run sewage or surface or storm water, or which would he mjurious to q£ ^^g^^g^. the drains or sewers, and every person offending against this enactment shall for every such offence be liable to a penalty not exceeding five pounds. 34. Every person who having had notice from the Board of Steam, &c., the provisions of this section, shall at any time after the expiration "°'' to be of seven daj'S from the service of such notice, turn or knowingly ^l^^^y.. "^ ° permit to enter into any sewer or drain communicating therewith, any waste steam condensing water or heated water from any boiler or other receptacle used with any steam engine, or for any manu- facturing or trade purpose (such water being of a higher temperature than one hundred and ten degrees of Fahrenheit), shall be liable for every such offence to a penalty not exceeding ten pounds and to a daily penalty not exceeding five pounds. The Board or any of their officers duly authorised in this behalf, by writing under the hand of the Clerk to the Board, and producing such authority if required, may enter into any premises for the purpose of examining whether the provisions of this section are l)eing contravened, and if such admission l)e refused, any justice, on complaint thereof on oath by any officer of the Board (made after reasonable notice in writing, of such intended complaint, has been given to the person having custody of the premises), may by order under his hand require such person to admit tlie ofticer of the Board into the pi'emiscs, and any such order shall continue in force until the offence shall have ceased, or the works necessary to prevent the recurrence thereof shall have been executed. 35- If the owner or occupier of any premises within the district Board may desires that the sewer or drain from such premises shall be made make com- to communicate with any sewer of the Board, the Board may and |^^"^i°ations shall make so much of such sewer or drain as is to be constructed private drains under any public highway, and also the junction of such sewer or and their drain with the sewer of the Board, and may and shall execute all sewers on necessary works for those purposes upon the I'easonable cost or payment,&c. estimated cost thereof being paid to the Board, or the payment thereof to them being secured to their satisfaction. [Vide The Wallasey Improvement Act, 1864, sec. 31.J 28G Sec. 36— 40 Extension of section 41 of the Public Health Act, 1875. 53 & 54 Vict. The Wallasey Loral Board Act,'lS90. ch. cxxi. Exemption in respect of Her Majesty's buildings. 36. Tn cases where two or more houses erected after the passing of this Act are connected with a single private drain which conveys their drainage into a puhhc sewer, the Board shall have all the powers conferred hy section 41 of the Public Health Act, 1875. [The powers conferred by sec. 41 of the Public Health Act, 1875, relate to the examination of drains, privies, &c.. on complaint of nuisance.] 37. There shall be exempted fi'om so much of the provisions of this Act as relates to buildings and structures, every building structure or work vested in or in the occupation of Her Majesty, Her heirs and successors either beneficially or as part of the hereditary revenues of the crown, or in trust for the public service or for public services, also any building structure or work vested in or in the occupation of any department of Her Majesty's Govern- ment for public purposes or for the public service. Defiiiition of street. PAET IV. — Peivate Street Workb. 38. " Street " in this part of this Act meaias (unless the context othe}'wise requires) a street as defined by the Public Health Act, 1875, and not being a highway repairable l)y the inhabitants at large. [Vide Public Health Act, 1875, 38 & 39 Vict. c. 55, sec. 4. The definition there given is as follows : — " Street includes any highway (not being a ttirnpike Eoad) and any public bridge (not being a county l)ridge) and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not."] Defniition of paving, metalling and flagging. Private .street works. 39. The expression " paving, metalling and flagging" used in this part of this Act shall include macadamising asphalting, gravelling, kerbing, and every method of making a carriageway or footway, and words I'eferring to paving, metalling and flagging shall be construed accordingly. 40.— (1)- Where any street or part of a street is not sewered, levelled, paved, metalled, flagged, kerbed, channelled, made good and lighted to the satisfaction of the Board, the Board may from time to time resolve with respect to such street or part of a street, to do any one or more of the following works (in this iVct called private street works) (that is to say) To sewer, level, pave, metal, flag, kerb, channel, or make good, or to provide proper means for lighting such street or part of a street, and the expenses incurred by the Board in executing private street works shall be apportioned (subject as in this Act mentioned) on the premises fronting, adjoining or abutting on such street or part of a street. Any such resolution ma}- include several streets or parts of streets or may lie limited to any part or parts of a street. (2) The Surveyor shall prepare as respects each street or part of a street — (a) A specification of the private street works referred to in the resolution with plans and sections (if applicable) : n 53&54 Vict. The Wallasey Local Bnanl ch. cxxi. 287 Act, 1890. {h) An estimate of the probable expenses of the works : Sec. 41 — 42 (c) A provisional apportionment of the estimated expenses among the premises liable to be charged therewith under this Act : Such specifications, plans, sections, estimates, and provisional apportionments shall comprise the particulars prescribed in Part I. of the Schedule to this Act, and shall be submitted to the Board, who may by resolution approve the same respectively with or without modification or addition as they think fat. (3.) The resolution approving the specifications, plans and sections (if any), estimates and provisional apportionments shall be published in the manner prescribed in Part II. of the Schedule to this Act and copies thereof shall be served on the owners of the premises shown as liable to be charged in the provisional apportionment. During one montli from the date of the first publication, the approved specifications, plans and sections (if any), estimates and provisional apportionments (or copies thereof certified by the surveyor) shall be kept deposited at the offices of the Board and shall be open to inspection at all reasonable times. 41. During the said month any owner of any premises shown in Objections a provisional apportionment as liable to be charged with any part of ^° proposed the expenses of executing the works may, by written notice served ^^°'^''^'^- on the Board, object to the proposals of the Board on any of the following grounds (that is to say) : — (a) That an alleged street or part of a street is not or does not form part of a street within the meaning of this Act : [})) That a street or part of a street is (in whole or in part) a highway repaii-able by the inhabitants at large : (c) That there has been some material informality, defect or error in or in respect of the resolution, notice, plans, sections or estimate : {(1) That the proposed works are insufficient, unreasonable or un- necessary, or that the estimated expenses are excessive : {e) That any premises ought to be excluded from or inserted iu the provisional apportionment : (/) That the provisional apportionment is incorrect in i-espect of some matter of fact to be specified in the objection or (where the provisional apportionment is made with regard to other considerations than frontage as hereinafter provided) in respect of the degree of l)enefit to be derived by any persons or the amount or value of any work already done by the owner or occupier of any premises. For the purposes of this Act joint tenants or tenants in common may object thi'ough one of llieir numbei' authorised in writing under the hands of the majority of sucli joint tenants or tenants in connnon. 42.— (1) Tlie Board at any time after the expiration of the said Hearing and month may apply to a court of summary jurisdiction to appoint f^.^^fermina- a time for determining tlie mattci' of all objections made as in objeeUons this Act mentioned and sliall publish a notice of the time and place appointed, and copies of such notice shall be served upon the objectors, and at the time and place so appointed any such court 288 53 & 54 Vict. The Wallasey Local Board Act,' 1S90. cJi. cxxi. Sec. 43 — 44 may proceed to hear and determine the matter of all such ohjections in the same manner as nearly as may l^e and with the same powers and subject to the same provisions with respect to stating a case as if the Board were proceeding summarily against the objectors to enforce payment of a sum of money summarily recoverable. The court may quash in whole or in part, or may amend the resolution, plans, sections, estimates and provisional apportionments, or any of them on the application either of any objector or of the Board. The court may also, if it thinks fit, adjourn the hearing and direct any further notices to be given. (2) No objection which could be made under this Act shall be other- wise made or allowed in any court proceeding or manner whatsoever. (3) The costs of any proceedings before a court of summary jurisdiction in relation to objections under this Act shall be in the discretion of the court and the court shall have power, if it thinks fit, to direct that the whole or any part of such costs ordered to be paid by an objector or objectors shall be paid in the first instance by the Board and charged as part of the expenses of the works on the premises of the objector or objectors in such proportions as may appear just. 43. — (1) The Board may include in any works to be done under this Act with respect to any street or part of a street any works which they think necessary for bringing the street or part of a street as regards sewerage, drainage, level or other matters into conformity with any other streets (whether repairable or not by the inhabitants at large), including the provision of separate sewers for the reception of sewage and of surface water respectively. (2) The Board in any estimate of the expenses of private street works may include a commission not exceeding two pounds ten shillings per centum (in addition to the estimated actual cost) in respect of surveys and superintendence. Incidental works. Apportion- ment of expenses. 44. Ii^ a provisional apportionment of expenses of private street works the apportionment of expenses against the premises fronting, adjoining or abutting on the street or part of a street in respect of which the expenses are to be incurred shall, unless the Board other- wise resolve, be apportioned according to the frontage of the respec- tive premises, but the Board may if they think just resolve that in settling the apportionment regard shall be had to the following considerations (that is to say) : — [a) The greater or less degree of benefit to be derived by any premises from such works : {h) The amount and value of any work already done by the owners or occupiers of any such premises. They may also if they think just include any premises which do not front adjoin or alnit on the street or part of a street but which in their opinion will be benefited by the works and may fix the sum or proportion to be charged against any such premises accordingly. But no premises which do not front adjoin or abut on such street or part of a street as aforesaid shall be included unless there is an access thereto from the street in respect of which the expenses are to be incurred or from an immediately adjoining street. 53 & 54 Vict. The Wallasey Local Board ch. cxxi. 289 Act, 1890. Sec. 45—47 45. The Board may from time to time amend the specifications Amendment plans and sections (if any) estimates and provisional apportionments ^^ plans, &c. for any private street works but if the total amount of the estimate in respect of any street or part of a street is increased such estimate and the provisional apportionment shall be published in the manner prescribed in Part II. of tire Schedule to this Act and shall be open to inspection at the Board Offices at all reasonable times and copies thereof shall be served on the owners of the premises affected thereby and objections may be made to the increase and apportionment and if made shall be dealt with and determined in like manner as objections to the original estimate and apportionment. 46. (1) When any private street works have been completed Filial appor- and the expenses thereof ascertained the surveyor shall make a final ^lonment and • • • I'fcjcovtjrv 01 apportionment l)y dividing the expenses in the same proportions in expenses, which the estimated expenses were divided in the original or amended provisional apportionment (as the case may be) and such final apportionment shall he conclusive for all purposes and notice of such final apportionment shall be served upon the owners of the premises affected thereby and the sums apportioned thereby shall be recoverable in manner provided l)y this Act oi' in the same manner as private improvement expenses are recoveral)le under the Public Health Act 1875 including the power to declare any such expenses to be payable by instalments. (2) Within one month after such notice the owner of any premises charged with any expenses under such apportionment may by a written notice to the Board object to such final apportionment on the following grounds or any of them : — (a) That the actual expenses have without sufficient reason exceeded the estimated expenses by more than fifteen per cent. : {h) That the final apportionment has not been made in accordance with this section : (c) That there has been an unreasonable departure from the specification plans and sections : {(1) That the interest has been increased by unreasonable delay in ascertaining the expenses or making the apportionment. (3.) Objections under this section shall be determined in the same manner as objections to the provisional apportionment. [Vide sec. 42.3 47. (1) Any premises included in the final apportionment and Charge on all estates and interests from time to time therein shall stand and Premises, remain charged (to the like extent and effect as under section 257 of the Public Health Act, 1875) with the sum finally apportioned on them or if objection has been made against the final a])portionment with the sum determined to be due as from the date of the final appoi-tionmont witli interest at tlie rate of five pounds per centum per anniun and the Board slaall for the recovery of such sum and interest have all the same powers and remedies under the Con- veyancing and Law of Property Act 1881 and otherwise as if they were mortgagees having powers of sale and lease and of appointing a receiver, 290 53&54 Vict. The Wallasey Local Board cJi. cxxi. Act, 1890. or Sec. ?9 — 58 (2) The Board shall keep a register of charges under this Act and of the payments made in satisfaction thereof and the register shall he open to inspection to all persons at all reasonable times on payment of not exceeding one shilling in respect of each name or property searched for and the Board shall furnish copies of any part of such register to any person applying for the same on payment of such reasonable siim as may be fixed by the Board. 48. The Board if tiiey think fit may from time to time (in addition and without prejudice to any other remedy) recover summarily in a court of summary jurisdiction or as a simple contract debt by action in any court of competent jurisdiction from the o^Yner for the time being of any premises in respect of which any sum is due for expenses of private street woi-ks the whole or any portion of such sum together with interest at a rate not exceeding five pounds per centum per annum from the date of the final apportionment till payment thereof. 49. The Board if they think fit may at any time resolve to contribute the whole or a portion of the expenses of anj' private street works and may pay the same out of the district fund or general district rate. Recovery of expenses suininarily bv action. Contribution by Board to expenses. Power for limited owners to borrow for expenses. Exemption 50. The incumbent or minister or trustee of any church chapel from expenses ^y. place appropriated to public religious worship which is for the of church time being by law exempt from rates for the relief of the poor shall not be liable to an}' expenses of private street works as the owner of such church chapel or place or of any churchyard or burial ground attached thereto nor shall any such expenses be deemed to be a charge on such church chapel or other place or on such church- yard or burial ground or to subject the same to distress execution or other legal process, but the proportion of expenses in respect of which an exemption is allowed under this section, shall be borne and paid by the Board. 51. AH owners of buildings or lands being persons who under the Lands Clauses Consolidation Act 1845 are empowered to sell and convey or release lands, may charge such buildings or lands with such sum as may be necessary to defray the whole or any part of any expenses which the owners of, or any persons in respect of such buildings or lands for the time being are liable to pay under this part of this Act 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 but so that the principal due on any such mortgage shall be repaid by equal yearly or half-yearly payments within twenty years 52. The Board may from time to time with the sanction of the Local Government Board bori-ow on the security^ of the district fund and general district rate, moneys for the purpose of tempo- rarily providing for expenses of private street works and the powers of the Board to borrow under the Public Health Act 1875 shall be available as if the execution of private sti'eet works under this Act were one of the purposes of the Public Health Act 1875. 53. Whenever all or any of the private street works in this Act mentioned have been executed in a street or part of a street by the Power of Board to borrow for private street works. Adoption of private streets. 53 & 54 Vict. TJie Wallasey Local Board ch. cxxi. 291 Act, 1890. Board and the Boaixl are of opinion that snch street or part of a Sec. 54 — 86 street ought to become a liighway repairable by tlie inhabitants at large, they may by notice to be fixed up in such street or part of a street, declare the whole of such street or part of a street to he a highway repairable by the inhal)itants at large, and thereupon such street or part of a street as defined in the notice shall become a highway repairable by the inhabitants at large : Provided that no such street shall become a highway so repair- able if within one month after such notice has been put up the owner or the majority in numl^er or value of owners of such street, by notice in writing to the Board, object thereto, and in ascertaining such majority joint owners shall be reckoned as one owner. 54. If any street is now or shall hereafter be sewered, levelled, On street paved, metalled, flagged, kerbed, channelled and made good (all such ^.^"^C'-'^.^^T*?' works being done to the satisfaction of the Board) then on the ^-^gciare same application in writing of the greater part in value of the owners of public the houses and land in such street the Board shall within three highway, months from the time of such application by notice put up in such street declare the same to be a highway repairable by the inhal)itants at large, and thereupon such street shall become a highway repairable by the inhabitants at large. 55. The Board shall keep separate accounts of all moneys Separate expended and recovered by them in the execution of the provisions accounts of of this Act relating to private street works. All moneys recovered qj^^^o^^^^ by the Board under this part of this Act in respect of street works shall be applied in the execution of other private street works or in repayment of moneys borrowed for the purpose of executing private street works. [The foregoing sections relating to private street works are in general similar to the provisions contained in the adoptive Private Street Works Act, 1892, ss. 5 to 21. (55 & 56 Vict, c. 57).] PAET v.— Sanitary Provisions. 56. Whenever it shall be certified to the Board by the medical Cowkcepers ofiicer of health or by any other registered medical practitionei", '^"^ others that the outbreak or spread of infectious disease is in the opinion of jj^trof""^ such medical officer of health or medical practitioner, attributalile to customers the milk supplied by any cowkeepor, purveyor of milk, or occupier in certain of a dairy, milkstoi-e, or milkshop, the Board may require such cases, cowkeeper purveyor of milk or occupier to furnish to tliem within a time to be fixed In' them a full and complete list of the names and addresses of all his customers within the district and such cow- keeper, purveyor of milk, or occupier shall furnish such list accord- ingly and the Board shall pay to him for every such list the sum of sixpence, and after the rate of sixpence for every twenty-five names contained tlierein, l)ut no such payment shall exceed three shilUngs, and every person who shall wilfully or knowingly offend against this enactment sliall for each such offence be lial)le to a penalty not exceeding five pounds and to a daily penalty not exceeding forty shillings. 292 Sec. 57— 59 ^ledical officer may inspect dairies, &c., beyond district in certain cases. 53 & 54 Vict. The Wallase/j Local Board Act,' 1S90. ch. cxxi. Persons engaged in washing or mangling clothes to furnish lists of owners of clothes in certain cases. Further powers in relation to disinfection of premises. 57. Ill case the medical officer of health shall have reasonable cause to believe that any person in the district is suffering from infectious disease attributable to milk supplied within the district from any farmhouse, dairy, cowshed, milkshop, or place situate beyond the boundary of tlae district or that the consumption of milk from such farmhouse, dairy, cowshed, milkshop, or place, is likely to cause infectious disease to any person residing in the district, such medical officer shall if authorised in that l^ehalf by any order of a justice having jurisdiction in the place where such farmhouse, dairy, cowshed, milkshop, or place is situate, have power to inspect such farmhouse, dairy, cowshed, milkshop, or place, and if on such inspection he shall be of opinion that infectious disease is caused or is likely to arise from consumption of the milk supplied therefrom he shall report thereon to the Board who may thereupon give notice to the occupier of such farmhouse, dairy, cowshed, milkshop, or place not to supply any milk therefrom within the district until such notice has been withdrawn by the Board, and the Board shall forthwith give notice of the facts to the sanitary authority of the district acting in execution of the Contagious Diseases (x\nimals) Acts 1878 to 188G, in which such farmhouse, dairy, cowshed, milk- shop or place is situate, and also to the Local Government Board in order that such further measures may be adopted in relation thereto as may be consideied proper, and as may be within the provinces of such authorities respectively. Any person refusing to permit the medical officer of health on the production of such order as aforesaid to inspect any such farmhouse, dairy, cowshed, milkshop, or place, or after any sucli notice by the Board has been given, supplying any milk therefrom within the district, or selling it for consumption therein until such notice has been withdrawn shall be deemed guilty of an oifence against this Act, and shall on summary conviction be liable to a penalty not exceeding five pounds for such offence, and to a daily penalty not exceeding forty shillings. Provided always that proceedings for the recovery of any penalty under this enactment shall be taken before the justices of the peace having jurisdiction in the place where the said farmhouse, dairy, cowshed, milkshop, or place is situate. 58. Whenever it shall be certified to the Board by the medical officer of health that it is desirable with a view to prevent the spread of infectious disease, that they should be furnished with a list of the citstomers of any person or company earning a livelihood or deriving gain by the washing or mangling of clothes, the Board may require such person or company to furnish to them a full and complete list of the names and addresses of the owners of clothes, for whom such persons or company washes or mangles, or has washed or mangled during the past six weeks, and such person or company shall furnish such list accordingly, and the Board shall pay to him, her, or them for every such list the sum of sixpence, and at the rate of sixpence for every twenty-five names contained therein, but no such payment shall exceed three shillings, and every person who shall wilfully or knowingly offend against this enactment shall for each such offence be liable to a penalty not exceeding five pounds, and to a daily penalty not exceeding forty shillings. 59. Where the Board are of opinion on the certificate of their medical officer of health, or of any other registered medical practitioner that the cleansing and disinfecting of any house or part thereof, and of 53 & 54. Vict. Tlie Wallaseij Local Board cJi. cxxi, 293 Act, 1890. any articles therein likely to communicate any infectious disease or Sec 60 — 62 to retain infection, would tend to prevent or to check infectious disease, and that such cleansing and disinfection would more effectually he carried out hy the Board than by the owner or occupier of such house or part thereof, the Board without requiring such owner or occupier to carry out such cleansing and disinfection as aforesaid, may if they think fit, but at their own cost themselves cleanse and disinfect such house or part thereof and articles, and may for that purpose remove any such articles, and shall make com- pensation to such owners or occupiers for all property or articles destroyed or injured by the exercise of the provisions of this section. And any person who shall obstruct any duly authorised officer of the Board in carrying out the provisions of this section shall be liable to a penalty not exceeding five pounds, and to a daily penalty not exceeding forty shillings. 60. Every person who shall cease to occupy any house, room. Penalty on or part of a house in which any person has within six weeks persons previously been suffering from any infectious disease without having ^^^^nig to such house, room, or part of a house, and all articles therein liable to houses with- retain infection disinfected to the satisfaction of a registered out previous medical practitioner as testified by a certificate signed by him, or disinfection without first giving to the owner of such house, room, or part of a or givnig house notice of the previous existence of such disease, and every q^v^qj^. or person ceasing to occupy any house, room, or part of a house, and making false who on being questioned by the owner thereof, or ])y any person answers, negotiating for the hire of such house, room, or part of a house as to the fact of there having within six weeks previously been therein any person suffering from any infectious disease, knowingly makes a false answer to such question shall be liable to a penalty not exceeding ten pounds. 61. No person shall, without the sanction in writing of the Prohibiting medical officer of health, or other registered medical practitioner the retention retain unburied elsewhere than in a mortuary for more than forty- ? ^^^^^ .*"^^^^ eight hours the dead body of any person who has died of any cases, infectious disease, and any person offending against this enactment shall be liable to a penalty not exceeding ten pounds, and to a daily penalty not exceeding forty shillings. 62. If any person shall die from any infectious disease in any Bodies of hospital, or place of temporary accommodation, and the medical persons officer of health, or any other registered medical practitioner certifies f-^ "'?."/ ^, that in his opinion it is desirable in order to prevent the risk of ^f infectious' comnmnicating any infectious disease, or of spreadnig infection that diseases to be the dead body shall not be removed from such hospital or place removed only except for the pui-pose of being forthwith ])uried, it shall not be ^°^ '^^"'ifi'- lawful for any pei'son or persons to remove such dead liody from such hospital or place, except for the last-mentioned purpose and when the dead body is taken out of such hospital or place for that purpose it shall be forthwith carried or taken di]-ectly to some cemetery or place of burial and shall be forthwith there buried, and any person wilfully oflending against this section shall be liable to a penalty not exceeding fifty pounds. But nothing in this section shall prevent the removal of any dead body from any such hospital or place of temporary accommodation to any public 294 53 & 54 Vict. The Wallaaeij Local Board Act, 1890. ■h (^/v» (~y t/j tX- (/ • Sec. 63 — 65 mortuary, and such mortuary shall for the purposes of this section be deemed part of such hospital or place of temporary accommo- dation. Justices may in certain cases order dead bodies to be buried. Corpses not to be carried in public conveyances. Detention of infected person with- out proper lodging in hospital by order of justice. 63. Where the body of any person who has died of any in- fectious disease remains unburied elsewhere than in a mortuary for more than forty-eight hours after death without the sanction of the medical officer of health or other registered medical practitioner, or is retained in a room in which persons live or sleep, or where the dead body of any person is retained in any house or building so as to endanger the health of the inmates of such house or building, or of any adjoining or neighbouring house or l)uilding, any justice may on the application of the medical officer of health order the body to be removed at the cost of the Board to any mortuary provided by the Board, and may direct the same to be buried within a time to be limited in the order, or such justice may in the case of the body of any person who has died from any infectious disease or in any case in which he shall consider immediate burial necessary, direct such body to be so buried, without requiring the same to be removed to a mortuary, and unless the friends or relatives of the deceased undertake to bury and do bury the body within the tune limited by such order, it shall be the duty of the relieving officer to bury such body at the expense of the poor rate, but any expense so incurred may be recovered by the relieving officer in a summary manner f)'om any person legally liable to pay the expense of such burial. Any person obstructing the execution of an order made by a justice under this section shall be liable to a penalty not exceeding five pounds. 64. Any person who hires or uses a public conveyance other than a hearse for the conveyance of the corpse of a person who has died from any infectious disease without previously notifying to the owner or driver of such public conveyance that the person whose corpse is or is intended to be so conveyed has died from infectious disease, and any owner or driver of a public conveyance other than a hearse which has been used for conveying the corpse of a person who has died from infectious disease, who shall not immediately afterwards provide for the disinfection of such con- veyance shall be liable to a penalty not exceeding five pounds. 65. The provisions of the Public Health Act, 1875, respecting infectious diseases and hospitals, shall be and are hereby extended so as to authorise any court of summary jurisdiction having juris- diction in the district, upon certificate of the Medical Officer of Health, to make an order directing the detention in hospital at the cost of the sanitary authority of any person in the district suffering from any infectious disease and not provided with lodging or accom- modation in which proper j^recautions can be taken to prevent the spreading of the disorder by such person. Any order so to be made by any such coiu-t shall be limited to some specific time not exceeding one month, Ijut with full power to any such court if it shall seem necessary to enlarge such time as often as may be shown to be necessary by certificate of the said medical officer. It shall be lawful for any sanitary officer or inspector of police on any such order being made to take all necessary measures and do all necessary acts for enforcing the execution thereof. 5S&54iVic(;. The Wallasey Local Buarcl ch. cxxi. 295 Act, 1890. Sec. 66— 70 66. The Board shall, from time to time, provide temporary Tcmpoau-y shelter or house accommodation for the memhers of any family in sheUer and which any infectious disease has appeared, and who have heen compelled to leave their dwellings for the purpose of enahling such dwellings to he disinfected, and shall also provide or contract with some person or persons to provide nurses for attendance upon the memhers of any family suffering from any infectious disease within the district, or upon children who may have heen compelled to leave their dwellings as aforesaid, and may charge a reasonable sum for the service of any nurse provided by them. 67. The provisions contained in sections 116 to 119 (both Extension of inclusive) of the Public Health i\ct, 1875, shall extend and apply to !^p''l°"f,q all articles intended for the food of man, sold or exposed for sale or /ji^clusive) of deposited in any place for the purpose of sale or of preparation for Public sale within the district. Healtli Act, [Sees. 116 to 119 of the Public Health Act, 1875, relate to the ^^^^" inspection and destruction of unsound meat, &g.] 68. For the purpose of carrying into effect the provisions of Powers of sections 49, 120 or 121 of the Public Health Act, 1875, the Board entry for may by any officer appointed in that behalf, and producing his Pi^in.?oses o authority if required, enter on any premises between the hours of j20 and 121 ten o'clock in the forenoon and six o'clock in the afternoon. of Public [Sees. 49, 120 & 121 of the Public Health Act, 1875, relate to f^^l^^ ^^''^' the removal of filth on the certificate of the Inspector of Nuisances ; the cleansing and disinfecting of premises, and the destruction of infected bedding, &c.] 69. Nothing in or done under this Act shall interfere with the Saving for operation or effect of the Contagious Diseases (Animals) Acts, 1878 ^^^° relating to 1886, or of any Act amending the same, or of any order, license, or i;°„^"^°^^ ^' act of the Board of Agriculture, made, granted or done, or to l^e made, granted or done thereunder, or of any order, regulation, license or act of a local authority made, granted oi' done, or to be made, granted or done under any such order of the Board of Agriculture, or exempt the slaughter-houses or knackers' yards to which this Act relates or any building or thing whatsoever or any body or person from the provisions of any general Act relating to animals already passed or to be passed in this or any future session of Parliament. PART VI.— Water and Gas. 70. It shall he lawful for the Board from time to time to make Byelaws for byelaws for the testing and stamping of water fittings, and for testing and requiring any person employed in or about the erection, alteration, ^''''^"^1"^. or repair of any water pipes or fittings to give notice thereof to the ^^^'^^ "^S*^' Board as soon as practicable, specifying also the premises affected by such work : No l)yelaws made under this section shall have any retrospective operation with regard to work done prior to such byelaws coming into force : 296 53 & 54: Vict. The Wallasey Local Board ch. cxxi. Act, 1890. Sec. 71 — 73 Provided that any such l)yela\vs shall apply only in the case of premises to which the Board are bound to afford and do in fact afford or are prepared to afford a constant supply of water : The provisions of this section shall bo in addition to and not in derogation of any other powers relating to the matters aforesaid vested in the Board. \yidc The Wallasey Improvement Act, 1867, s. 15.] Forging 71. If ^-^y person forges or counterfeits any stamp or mark used stamps or i^y t,he Board or by authority of the Board, for any of the purposes marks. ^^ ^j^^^ ^^^^^ ^^ uses, or supplies anything marked with any such stamp or mark which he knows to be forged or counterfeited or abets the commission of any offence against this section he shall be liable on summary conviction to a fine not exceeding twenty pounds. Rate payable 72. Where a house supplied with water is let to monthly or by owner for weekly tenants or tenants holding for any other period less than a small houses, q^g^^.^er of a year the owner instead of the occupier shall pay the rate for the supply, but the rate may be recovered in the first instance from the occupier and may be deducted by him from any rent from time to time due from him to the owner. [Power to compound for water rents with owners of houses not exceeding £13 annual value. — Vide The Wallasey Improve- ment Act, 1867, s. 18.] Power to 73. — (1-) It shall be lawful for the Board to supply gas or water supply gas or by agreement to any local or sanitary authority, company or person waiter to local beyond the district, on such terms and conditions in all respects and and others ^^^' such periods as the Board and such local or sanitary authority company or person may from time to time agi'ee, but no such supply shall be furnished to any company or person except with the consent in writing of the sanitary authority in whose district the premises of such company or person are situate, which consent may be determinable by a six months' notice in writing. Pi'ovided that in regard to the supply of water under this section no such supply shall interfere with the Board giving a proper supply for all purposes to persons within their district. (2.) For the purposes of affording a supply of gas or water under this section the Board may exercise the powers of the Gasworks Clauses Act, 1847, or the Watei'works Clauses Act, 1847 (as the case may be) with respect to the breaking up of streets for the purpose of laying pipes within the district of any sanitary authority immediately adjacent to the district. Provided that no such power shall be exercised without the consent in writing of the road authority and of the sanitary authority and subject to any conditions as to affording or discontinuing the supply of gas or water as such sanitary authority may impose. (3.) At any time after the laying down of any gas or water mains, pipes or apparatus under this section the Board shall if required by the sanitary authority of the district within which such mains, pipes or apparatus are situate sell to that authority all such gas mains, pipes and apparatus, or water mains, pipes and apparatus at such bS&oi Vict. The Wallasey Local Board ch. cxxi. 297 Act, 1890. price and on such terms and conditions as may be settled Ijy Sec. 74 — 77 agreement between the Board and the sanitary authority, or faihng agreement as may be determined by an arbitrator to be appointed for that purpose by the Local Government Board on the application of either party, and from and after such sale the powers of the Board to supply gas or water (as the case may be) under this section shall in regard to the district to which such sale relates cease and the purposes of this sub-section shall be deemed to be purposes of the Public Health Acts. PAET VII. — Miscellaneous Provisions. 74. Section 27 (persons may be prevented from using ferry Section 27 of on refusal to pay toll) of the Act of 1867 shall extend and apply to Act of 1867 persons refusing to produce on demand their contract or season extended to J . , , o jr persons tickets. refusing to []'idc also The Wallasey Improvement Act, 1858, s. 16 produce their „ 1867, ss. 26 and 27 ^°"^:.f „ 1872, s. 15.] ''''-'''• 75. rf any of the events mentioned in sub-sections 1, 2, 3, and Passenger 4 of section 54 of the Merchant Shipping Act Amendment Act, 1862, ^^■^'^'^ stp'iiiiprs shall occur in relation to any passenger ferry steamer of the Board piyiuo- whilst plying to or from any of their ferries at Seacombe and Liver- during fog. pool during fog such event shall for the purposes of that section or any statutory modification thereof for the time being in force so far only as regards the plying of any such passenger ferry steamers during fog be deemed to have occurred without the actual fault or privity of the Board. [The Merchant Shipping Act Amendment Act, 1862, was repealed by the Merchant Shipping Act, 1894, sec. 54 of the earlier statute provided for the limitation of the shipowner's liability in certain events and the corresponding enactment in the later statute is s. 50.3 (57 and 58 Vict. c. 60).] 76. The Cheshire justices of the peace for the petty sessional Cheshire division of Wirral shall have jurisdiction over the ferry boats of the justices to Board and over all persons on board of oi- embarking or disembark- • ^^°^• j- ing on or from any such ferry boats in respect of any oifcnce ju aspect of committed against any local Act or byelaw of the Board notwith- offences in standing tliat the offence charged may have been committed in the "vcr. Elver Mersey : Provided that nothing herein contained shall in any way prejudice or affect the jui"isdiction of the stipendiary magistrate or justices of the peace or of the police of the city of Liverpool or the borough of Bootle or of the justices of the peace or police of the counties of Lancaster and Cheshire or either of them. 77. With respect to slaughter-houses the following provisions Further shall have effect : — powers as to (1) Licenses granted after the passing of this Act for the use and houses, occupation of places as slaughter-houses or knackers' yards shall be in force for such time or times only as the Board shall think lit to specify in such licenses : 298 53 & 54 Vict. The Wallasey Local Board Act, 1890. O iAj t// C • Power to close pleasure grounds, &e., on special occasions, &c. Sec. 78 — 84 (2) The Bocavd may require any slaughter-house existing at the passing of this Act which hy reason of its surroundings or otherwise is a nuisance or prejudicial to health or decency to be discontinued as such on payment to the owner and occupier thereof of such compensation as shall be agreed or as in default of agreement shall be determined by arbitration in manner provided l)y the Public Health Acts. 78. The Board may on any special occasion but not exceeding twelve days in any one year nor more than four consecutive days on any one occasion close any public park garden pleasure ground or recreation ground against the public iind may on such occasions admit thereto the members of any society or of any public or private institution or persons being attendants at or supported by any public or private institution or such other persons as the Board may think fit and the admission of every individual to any such park garden or ground on such occasions may be either with or without payment as directed by the Board. Provided that the powers conferred by this section shall only l^e exercised in respect of one park garden pleasure ground or recreation ground at the same time. 79. The Board may from time to time make byelaws for all or any of the following purposes (that is to say) : — For the preservation of order and good conduct among persons frequenting the promenades and foreshore : For regulating the erection of hoardings the exhibition thereon of advertisements and the maintenance repair and removal of such hoardings. 80. Any expenses of the execution by the Board of this x\ct with respect to which no other provision is made may be defrayed by the Board out of the district fund and general district rate. 81. Any person deeming himself aggrieved by any order, judg- ment, determination or requirement or the withholding of any order certificate, consent or approval of or by the Board or of or by any officer of the Board or by any conviction or order made by a court of sunmiary jurisdiction under any provision of this Act may appeal to the next practical )le comt of quarter sessions under and according to the provisions of the Summary Jurisdiction Acts. Byelaws. Expenses of execution of Act. As to appeal. Penalties. Recovery of penalties, &c, Authentica- tion and service of notices. 82. Every person offending against any of the provisions of Parts III. and V. of this Act shall except as otherwise provided be lial)le to a penalty not exceeding five pounds for every such offence and to a daily penalty not exceeding forty shillings. 83. Offences against this Act and penalties, forfeitures, costs and expenses imposed or recoverable under this Act or any byelaw made in pursuance thereof may be prosecuted and recovered in a summary manner. 84. Any notice or other such document under this Act may be in writing or print or partly in writing and partly in print and if the same require authentication by the Board the signature of the clerk or other duly authorised officer of the Board shall be sufficient authentication. Notices, orders and any other documents required or authorised to be served under this Act may be served in the same 53 & 54 Vict. The Wallasey Local Board ch. cxxi. 299 Act, 1890. manner as notices under the Public Health Act are by section 267 Sec. 85 — 91 of that Act authorised to be served, provided always that in the case of any company any such notice or document shall be delivered or sent l)y post addressed to the secretary of the company at their principal oftice or place of business. 85. All the provisions with respect to byelaws contained in General sections 182 to 186 (both included) of the Public Health Act, 1875 J'^'°i,'"!gj°'^^g^^ (except so much thereof as relates to byelaws of a rural sanitary ° J^awb. authority) shall apply to all byelaws from time to time made by the Boai'd under the powers of this Act. [Sections 182 to 186 of the Public Health Act, 1875 relate to the authentication, alteration and repeal of byelaws, power to impose penalties for breach thereof ; confirmation, printing and evidence of the same.] 86. Nothing contained in this Act or in any byelaw^ made there- Saving rights under shall extend to take away prejudice diminish or alter any of °^ *^^^ Crown, the estates, rights, privileges, powers or authorities vested in or exerciseable by the Queen's Majesty Her heirs or successors. 87. Nothing contained in this Act shall authorise the Board to Saving right.s take, use, or in any manner interfere with any portion of the shore 9^ ^^}^ Crown 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 manage- ment of the Board of Trade without the previous consent in wi'iting of the Board of Trade on behalf of Her Majesty (which consent the Board of Trade may give), neither shall anything in this Act con- tained extend to take away prejudice, diminish, or alter any of the estates, rights, privileges, powers, or authorities vested in or enjoyed, or exerciseable liy the Queen's INIajesty, Her heirs, or successors. 88. Nothing in this Act shall be deemed or taken to prejudice. Saving in or affect any question which may hereafter arise between Robert p^p^^^p, p , Charles De Grey Vyner and the l^oard in respect of any right, estate, Vvner '' or interest which he may claim to or in any part or parts of the open land and foreshore. 89. Provided always that nothing in this Act contained shall be Saving for deemed to extend or apply to any part of the estate for the time 1^ Jersey Docks being of the ]\lcrsev Docks and Harbour Board within the district, 'iiL ..ri^^ °^^ ,",.,,., , T 11. 1 \ 1 Board, or to any works or buiuungs (except dwelhng-houses), now or here- after to be executed, constructed, or cai'ried out on the said estate, and used or intended to be used for, or in connexion with the business or purposes of the Mersey Docks and Harbour Board under any power vested in them, or prejudice, or affect any of the rights, powers, or privileges of that Board. 90. Nothing in this Act or in any byelaw made imder this Act Saving for contained sliall in any way prejudice, affect, or alter any of tlie rights ^rerseyConi- or powers of the Commissioners for the conservancy of the River ""^issioneri,. Mersey. 91. All the costs, charges, and expenses preliminary to and of. Costs of Act. and incidental to the yieparing, applying foi, obtaining, and passing 300 oS&5iVict. The Wallaaeij Local Board cli. cxxi. ^cf,'l890. Schedule, of this Act as taxed by the taxing officer of the House of Lords, or of the House of Commons shall be paid by the Board out of the district fund and general district rate, or out of moneys to be borrowed on the security of that fund' and rate, and Avhich moneys the Board are hereby authorised to borrow and required to repay in accordance with the provisions of the Public Health Acts. THE SCHEDULE. Peivate Street Works. PAET I. Particulabs to be stated in Specifications, Plans and Sections, Estimates and Provisional Apportionments. Specifications. — These shall descril:)e generally the works and things to be done, and in the case of structural works shall specify as far as may be the foundation, form, material, and dimensions thereof. Plcuia and Section.'i .—Theae shall show the constructive character of the works and the connexions (if any), with existing streets, sewers, or other works, and the lines and levels of the works, subject to such limits of deviation (if any), as shall be indicated on the plans and sections respectively. Estiiuak's. — These shall show^ the particulars of the probable cost of the whole works including the commission provided for by this Act. Provisional Apportioiiinciits. — These shall state the amounts charged on the respective premises, and the names of the respective owners or reputed owners, and shall also state whether the apportion- ment is made according to the frontage of the respective premises or not, and the measurements of the frontages and the other considera- tions (if any), on which the apportionment is based. PAET II. Publication op Notice. Any resolution, notice, or other document required by this Act to be published in the manner prescribed by this schedule shall be published once in each of two successive weeks in some local news- paper circulating within the district, and shall be pul)licly posted in or near the street to which it relates, once at least in each of three successive weeks. '55 & 56 Vict. Session 1892. ch. ccxxiii. 301 Local Government Board's sec. 1—2 Provisional Orders Confirmation (No. 12) Act, 1892. {Confirinimi tlie Wallasey Order, 1892.) AN ACT to coufirm certain Provisional Orders of the Local Government Board relating to the Urhan Sanitary Districts of Bath, Cheltenham, Louth, Nottingham and West Bridgeford, Portsmouth, Salford, and Wallasey. 28th June, 1892. WHEREAS the Local (xoveniment Board have made the Provisional 38 & 39 Vict. Orders set forth in the schedule hereto under' the provisions of the ^- ^^• Public Health Act, 1875 ; And whereas it is requisite that the said Orders should be confirmed by Pai'liament, and that the provision herein contained should be enacted with reference to two of such orders : Be it therefoi-e enacted by tlie Queen's most Excellent Majesty, by and with tlie advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the autliority of the same, as follows : 1. The Oi'ders as altered and set out in the schedule hereto shall Orders in be and the same are hereby confirmed, and all the provisions thereof schedule shall have full validity and force. confirmed. 2. Tlie Sanitary Authoiilies mentioned in the Orders relating- to Special pro- the Url)an Sanitary Districts of (Cheltenham and Wallasey shall vision as to not, without the consent of the Local Government Board, purchase houses of or acquire, either compulsorily or by agreement, in any city, borough, cta'ss^in"^ or other urban sanitary district or in any parish or part of a parish Cheltenham not being within an urban sanitary district, ten or more houses and Wallasey. included in the schedules to those Orders lierebv confirmed which. 302 Sec. 3 Short title 55 & 56 Vict. Local Government Board' h cli. ccxxiir Provisional Orders Confirmation (No. 12) Act, 1892. after the passing of this Act have heen, or on the fifteenth day of Decemher hist were, occupied either wliolly or partially hy persons belonging to the labouring class as tenants or lodgers. 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 l)e residing with them. 3, This Act may be cited as the Local Government Board's Provisional Orders Confirmation (No. 12) Act, 1892. [The omitted Orders relate to districts other than Wallasey.] THE WALLASEY ORDER, 1892. LOCAL GOYEENMENT DISTRICT OF WALLASEY. 21 & 22 Vict. c. Ixiii. 24 Vict. c. iv. 30 & 31 Vict. c. cxxxii. 40 & 41 Vict. c. ccxxvii. Provisional Order for altering certain Local Acts and Confirming Acts. [This Order may be cited as The Wallasev Order, 1892.— T7f/e The Wallasey Order, 1896, art. ii.] To the Wallasey Local Board, being the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester ; And to all others whom it may concern. Whereas the Local Government District of Wallasey, in the County of Chester (herein-after referred to as " the District "), is an Urban Sanitary District, of which the Wallasey Local Board (herein- after referred to as "the Local Board") are the Urban Sanitary Authority ; And whereas the unrepealed provisions of the Wallasey Improve- ment Act, 1858, the Wallasey Improvement Act, 1861, and the Wallasey Improvement Act, 1867 (which Acts are herein-after together referred to as " the Local Acts," and each of which Acts is herein-after referred to as the Act of the year in which it was passed), as altered by a Provisional Order of the Local Government Board dated the 4th day of June, 1877, and duly confirmed by the Local Government Board's Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877 (which Order and Act are herein-after respectively referred to as "the Order of 1877" and "the Confirming Act of 1877 "), and bj' another Provisional Order of the Local Government Board dated the 22nd day of May, 1883, and duly confirmed by the 55 & 56 Vict. Local Government Board's cli.ccxxiii. 303 Provisional Orders Confirmation (No. 12) Act, 1892. Local Goverament Boax-d's Provisional Orders Confirmation (No. 7) 46 & 47 Viet. Act, 1883 (which Order and Act are herein-after respectively referred ^- ^xxxvii. to as " the Order of 1883 " and " the Confirming Act of 1883 "), and hy certain other Local Acts and Provisional Orders which do not affect the subject-matter of this Order, are in force in the District ; And whereas by section 9 of the Act of 1867, the Local Board were empowered, subject to the pi'ovisions of that Act, to acquire by agreement for the purposes of their gasworks the lands descril)ed in Scliedule A. to that Act, but it was provided that the Local Board should not make or store gas on any lands other than the lands which were described in the said Schedule A., or the lands on which they were then authorised to make or store gas, and which were described in Schedule B. to the Act of 1867 ; And whereas by Article V. of the Order of 1877 section 9 of the Act of 1867 was altered so as to enable the Local Board to acquire by agreement for the purposes of their gasworks, the land described in the Schedule to that Order, and, subject as therein provided, to make and maintain works for the manufacture, storage, and supply of gas, and to do all such other acts as they might think necessary for manufacturing and storing gas ; And whereas by section 60 of the Act of 1858, section 3 of the Act of 1861, section 30 of the Act of 1867, Article II. of the Order of 1877, and Article I. of the Order of 1883, the Local Board have been empowered to borrow for the purposes of their gas undei'taking, sums amounting in the whole to the sum of eighty- five thousand pounds : Now therefore. We, the Local Government Board, in pursuance 38 & 39 Vict, of the powers given to Us by sections 297 and 303 of the Public '^^ ^^■ Health Act, 1875, and by any other Statutes in that behalf, do hereby Order that, from and after the date of the Act of Parliament confirming this Order, the following provisions shall take effect, viz., — Art I. section 9 of the Act of 1867 and the Confirming Act of 1877, so far as it relates to Article V. of the Order of 1877, shall be further altered so as to provide as follows : — (1.) The Local Board may acquire by agreement the land described in the Schedule hereto. (2.) The Local Board may, on the land described in the Schedule hereto, if and when the same shall have been acquired l)y them, construct, alter, enlarge, or, when necessary, remove buildings, apparatus, and works for the manufacture and storage of gas, and of coke, cuhn, asphaltum, pitch, coal-tar, oil, annnoniacal liquor, and other refuse or residual products arising from the manufacture of gas and any matters producible therefrom, and they may, on the said land, make and store gas. (3.) The Local Board may, with the consent of the Local Govern- ment Board, appropriate part of the said land for electric lighting purposes, or as a site foi- a refuse destructor, or for any other purpose which the Local Government Board may approve. Art. II. The Act of 1867 and the Confirming Act of 1877, so far as 304 55&5QVict. Local Gorei'uineiil BocurVs ch. ccxxiii. Provisional Orders Coiifirmatioii {No. 12) Act, 1892. it relates to the Order of 1877, and the Confirming Act of 1883, so far as it relates to the Order of 1883, shall be altered so as to provide as follows : — (1.) The Local Board may with the sanction of the Local Govern- ment Board, and subject to the provisions of this Order, borrow on the security of the "Wallasey Lighting Account," as mentioned in the Act of 1858, and of the district fund and general district rates of the District, or upon either of such securities, such sum or sums as they may from time to time think necessary for the purposes of their gas undertaking, not exceeding in the whole the sum of '''fifty thousand pounds in addition to the said sum of eighty-five thousand pounds. ['■= Altered to seventy-two thousand pounds by the Wallasey Order, 1896, Art. 1, and further altered to one hundred and twelve thousand pounds by the Wallasey Order, 1898, art. 1.] 38 & 39 Vict. (2.) For the purpose of raising money under this Order the ^- ^^- provisions of the Local Loans Act, 1875 (including the power of 38 & 39 Vict. creating debenture stock), shall be available to the Local Board, c. 55. and sections 236 to 239, both inclusive, of the Public Health Act, 1875, shall apply to all money raised and borrowed under this Order, other than money borrowed under the provisions of the Local Loans Act, 1875. (3.) The moneys borrowed under subdivision (1) of this Article shall be repaid within the following periods, viz. : — (a) The moneys borrowed for the purposes of purchasing the land described in the Schedule to this Order within such period, not exceeding fifty years from the date of borrowing, as the Local Board, with the sanction of the Local Govern- ment Board, may determine ; (b) The other moneys borrowed within such period, not exceeding thirty years from the date of borrowing, as the Local Board, with the sanction of the Local Government Board, shall determine ; and the period so determined and sanctioned in each case shall be deemed to be the prescribed period within the meaning of the Local Loans Act, 1875, and is hereinafter referred to as " The prescribed period." (4.) The Local Board shall repay the moneys borrowed under this Order, other than money borrowed under the provisions of the Local Loans Act, 1875, either by equal annual instalments of principal, or of principal and interest, or by setting apart in every year as a sinking fund such a sum or sums as will, according to a reasonable calculation for the time being, with accumulations in the way of compound interest, be sufficient, after payment of all expenses, to pay ot^' the moneys so borrowed within the prescribed period, (5.) The Local Board shall invest any sinking fund so set apart, and the interest on and the sums paid into the fund, in the 55 & 56 Vict. Local Government Board's cli. ccxxiii. 305 Provisional Orders Confirmation {No. 12) Act, 1892. purchase of Excheqvier bills or other Government securities, or in securities in which trustees are by law authorised to invest, or in mortgages, debentures, debenture stock, or other securities issued by any Local Authority, as defined by Section 34 of the Local Loans Act, 1875, other than the Local Board, the Local Board being at liljerty from time to time to vary and transpose such investments. (6.) The Local Board may at any time apply the whole or any part of any such sinking fund in or towards the discharge of the money for the repayment of which the fund is established : provided that the Local Board pay into such fund each year, and accumulate until the whole of the money liorrowed is discharged, a sum equivalent to the interest which would have been produced by such sinking fund or the part of such sinking fund so applied, at the rate per cent, on which the annual payments to the sinking fund are based. (7) The Local Board may re-borrow for the purpose of paying off moneys borrowed under this order, and not paid off by means of any sinking fund set apart for their repayment, or by instal- ments, or out of the proceeds of the sale or disposition of land, or out of other moneys received on capital account (not being borrowed moneys) : provided that all moneys so re-borrowed shall be repaid within the prescribed period ; and any moneys from time to time re-borrowed shall be deemed to form the same loan as the money in lieu of which such re-borrowing has been made, and the obligations of the Local Board with respect to the repayment of such moneys shall not be in any way affected by such re-borrowing. (8,) The clerk to the Local Board shall, within twenty-one days after the twenty-fifth day of March in each year in which any sum is required to be paid as an instalment, or to be appropriated, or to be set apart for a sinking fund, in pursuance of the provisions of this order, or in respect of any money raised thereunder, transmit to the Local Government Board a return in such form as may be prescril)ed by that Board, and verified by statutory declaration if so required by them, showing for the year next preceding the making of such return, the amounts which have been paid as instalments and the amounts which have been app)'opriated and the amounts which have been invested or applied for the purpose of such sinking fund, and the description of the securities upon which any investment has been made, and the purposes to which any poi'tion of the sink- ing 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 : and, in the event of any wilful default in making such return such clerk shall be hal)le to a penalty not exceeding twenty pounds which shall be paid to the Local Government Board, and shall be recoverable l)y that Board in the same manner as penalties recoverable under the Public Health Act, 1875, in a summary manner may be recovered by parties aggrieved within the meaning of that Act. W 306 55 & 56 Vict. Local Government BoarcVs ch. ccxxiii. Provisional Orders Confirviation (No. 12) Act, 1892. (9.) If it appears to the Local Government Board by that return, or otherwise, that the Local Board have failed to pay any instalment required to be paid, or to appropriate any sum required to be appropriated, or to set apart any sum required for any sinking fund, or have applied any portion of the moneys set apart for any sinking fund or of the sums accumu- lated by way of interest to a,uy purpose other than those authorised, the Local Government Board may, by order, direct that the sum in such order mentioned, not exceeding double the amount in respect of which default has been made, shall be paid by way of instalment, or be appropriated, or 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 the High Court. (10.) Where the Local Government Board cause local inquiry to be held with reference to any of the purposes of the Local Acts the above-mentioned Provisional Orders or this order, the costs incurred by that Board in relation to such inquiry (including such reasonable sum, not exceeding three guineas a day, as that Board may determine, for the services of any inspector or officer of the Board engaged in such inquiry, and including the expenses of any witness summoned by such inspector or officer) shall be paid by the Local Board, and the Local Government Board maj' certify the amount of the costs so incurred and any sum so certified and directed by that Board to be paid by the Local Board shall be a debt due to the Crown from the Local Board. The SCHEDULE above referred to. All that piece of land situate in the Township of Poulton-cum- Seacombe, in the Parish of Wallasey, in the County of Chester, containing by admeasurement fifty-seven thousand five hundred and fifty-seven square yards or thereabouts, and bounded on the north by Cinder Lane, on the east by Gorsey Lane, on the south partly by land belonging or reputed to belong to the Midland Eailway Company and partly ])y the existing gasworks of the Local Board, and on the west partly by the said works and partly by land belonging or reputed to belong to Robert Clare de Vyner. Given under the Seal of Office of the Local Government Board, this Fifth day of May, One thousand eight hundred and ninety- two. Chas. T. Ritchie, President. Li-s. ) Hugh Owen, Secretary. 57 Vict. Session 1894. ch. xx. 307 Local Government Board's s®°- ^"^ Provisional Orders Confirmation (No. 2) Act, 1894. {Confirming the Wallasey Order, 1894.) AN act to confirm certain Provisionnl Orders of the Local Government Board relating to the Urban Sanitary Districts of Accrington, Ashton - nnder - Lyne, Berwick-upon-Tweed, Bolton, Hexham, Kuares- borough, and Tentergate, Llandilo, Merthyr Tydfil, Penrith, Southport, Wallasey, Widnes, and Workinofton. 18th June, 1894. WHEREAS the Local Government Board have made the Provisional 38 & 39 Vict. Orders set forth in the schedule hereto, under the provisions of the c. 55. Puhlic Health Act, 1875 : And whereas it is requisite that the said Orders sliould be con- tirmed by Parliament : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of tlie Lords Spiritual and Temporal, and Commons, in this present Parliament asseml)led, and by the authority of the same, as follows : — 1. The Orders set out in the schedule hereto sliall be and the <^^'ders iu 111 same are liereby confirmed, and all the provisions thereof shall have ■'"eauio - ,, ,.T., ■.' „ ^ confirmed, lull validity and force, 2. This Act may be cited as the Local Government Board's Short title. Provisional Orders Confirmation (No. 2) Act, 1894. [The omitted Orders relate to Districts other than Wallasey.] 308 57 Vict. Local Government Board's cli. xx. Provisional Orders Confirmation (No. 2) Act, 1894. THE WALLASEY OEDER, 1894. LOCAL GOVEENMENT DISTEICT OF WALLASEY. Provisional Order for partially repealing a Confirming Act. To the Wallasey Local Board, being the Sanitary Authority for the Urban Sanitary District of Wallasey, in the County of Chester : — And to all others whom it may concern. Whereas the Local Government District of Wallasey, in the County of Chester (herein-after referred to as " the District"), is an Urban Sanitary District, of which the Wallasey Local Board (herein- after referred to as "the Local Board") ax'e the Urban Sanitary Authority. 33 & 34 Vict. And whereas by Article 6 of a Provisional Order of one of Her c. cxiv. Majesty's Principal Secretaries of State, dated the Ninth day of May, One thousand eight hundred and seventy, and duly confirmed by the Local Government Supplemental Act, 1870 (which Order and Act are herein-after respectively referred to as "the Order" and "the Confirming Act"), it was (inter alia) ordered that the Local Board should be authorised from time to time to borrow for permanent works to the amount of twice the assessable value of the premises assessable under the Local Government Act, 1858, in the District ; and it was provided that all sums so borrowed should be borrowed with the sanction of one of Her Majesty's Principal Seci'etaries of State, and should be repaid, with interest thereon, within a period of fifty years from the borrowing thereof : 38 & 89 Vict. Now therefore. We, the Local Government Board, in pursuance of c- Iv. the powers given to Us by section 297 of the Public Health Act, 1875, and by any other Statutes in that behalf, do hereby Order that, from and after the date of the Act of Parliament confirming this Order, the following provisions shall have effect ; viz., — Art. I. So much of the Confirming Act as relates to the above- recited provisions of Article 6 of the Order shall be repealed, except so far as it may have been acted upon, so that the said part of the Order shall, except as aforesaid, cease to have any effect : Provided that nothing herein contained shall be deemed to alter or affect the repayment of any money borrowed in pursuance of the said Article. Art. IL This Order may be cited as the Wallasey Order, 1894. Given under the Seal of Office of the Local Government Board, this Twenty-second day of January, One thousand eight hundred and ninety-four. *" L.s. J Henry H. Fowler, President. Hugh Owen, Secretary. 58 & 59 Vict. Session 1895. ch. xl. 309 Local Government Board's ^®°' ^"^ Provisional Orders Confirmation (No. i) Act, 1895. {Confirming the Wallasey Order, 1895.) AN ACT to confirm certain Provisional Orders of the Local Government Board relating to Battle, Dorchester, Eton, Fareham, Ilfracombe, Leicester, Ryde, Sandgate, Southampton, Torquay, Ulverston, Wallasey, West Cowes, and Wilton. 20th June, 1895. WHEREAS the Local Government Board have made the Provisional 38 & 39 Vict. Orders set forth in the schedule hereto under the provisions of the <^- ^^■ Public Health Act, 1875 : And whereas it is requisite that the said Orders should be confirmed by Parliament : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliamexit assembled, and by the authority of the same, as follows : — 1. The Orders as altered and set out in the schedule hereto shall Orders in be and the same are hereby confirmed, and all the provisions thereof schedule shall have full validity and force. '^^^ ^^^ ' 2. This Act may be cited as the Local Government Board's short title. Provisional Orders Confirmation (No. 1) Act, 1895. [The omitted Orders have relation to districts other than Wallasey.] 310 58&59 Vict. Local Goceniiiieut BoarcVs Provisional Orders Confirmation {No. 1) Act, 1895. :h. xl. THE WALLASEY ORDER, 1895. UEBAN DISTEICT OP WALLASEY. Provisional Order for altering a Confirming Act. To the Urban District Council of Wallasey; — And to all others whom it may concern. Whereas the Urban District Council of Wallasey (hereinafter referred to as " the Urban District Council " ) are the Local Authority 35 & 36 Vict, within the meaning of the Public Health Act, 1875, for the Urban c. cxxv. District of Wallasey (hereinafter referred to as " the District "), and the unrepealed provisions of the Wallasey Improvement Act, 1872 (hereinafter referred to as "the Local Act"), as altered by the Provisional Orders hereinafter mentioned are in force in the District ; And whereas by Section 17 of the Local x\ct, the Wallasey Local Board (hereinafter referred to as "the Local Board,") were em- powered to borrow for ferry purposes sums not exceeding in the whole seventy-four thousand pounds in addition to the sums already authorised for those purposes ; 40 & 41 Vict. And whereas by Article III. of a Provisional Order of the Local c. ccxxvii. Government Board, dated the Foiu-th day of June, One thousand eight hundred and seventy-seven, and confirmed by the Local Government Board's Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877 (which Order and Act are respectively herein- after referred to as " the Order of 1877 " and " the Confirming Act of 1877"), and by Article I. of another Provisional Order of the Local Government Board, dated the Seventh day of May, One 44 & 45 Vict, thousand eight hundred and eighty-one, and confirmed by the Local c. clxii. Government Board's Provisional Orders Confirmation (Acton, &c.) Act, 1881 (which Order and Act are hereinafter respectively referred to as "the Order of 1881" and "the Confirming Act of 1881"), the Local Board were for the like purposes empowered to borrow additional sums not exceeding in the whole the respective sums of one hundred and two thousand five hundred pounds and twenty-two thousand pounds ; And whereas by Article II. of another Provisional Order of the Local Government Board, dated the Twenty-second day of May, One thousand eight hundred and eighty-three, and duly confirmed by the Local Government Board's Provisional Orders Confirmation (No. 7) Act, 1883 (Avhich Order and Act are hereinafter respectively referred to as "the Order of 1883" and "the Confirming Act of 1883"), the Confirming Act of 1877 so far as it confirms Article III. of the Order of 1877, and the Confirming Act of 1881 so far as it confirms Article I. of the Order of 1881, were altered and amended, and Section 17 of the Act of 1872 was further altered and amended so as to provide as follows : — 46 & 47 Vict, c. cxxxvii. 5S&59Vict. Local Government BoarcVs ch. xl. 311 Provisional Orders Confirmation (No. 1) Act, 1895. " In addition to the sums of seventy-four thousand pounds, one " hundred and two thousand five hundred pounds, and twenty- " two thousand pounds, which the Local Board were empowered " to borrow under Section 17 of the Act of 1872 as amended " by the Confirming Act of 1877 and tlie Confirming Act of " 1881, the Local Board may, subject to the sanction of the " Local Government Board, l)orrow from time to time on mort- " gage of the securities mentioned in the said section, any sum " or sums not exceeding in the whole the sum of thirty thousand " pounds, to be applied towards the payment of the cost of " providing new steamboats for the ferries for the time being " belonging to or leased by the Local Board : " Now therefore, We, the Local Government Board, in pursuance 38 & 39 Vict. of the powers given to Us by Section 297 of the Public Health c. 55. Act, 1875, and by any other Statutes in that behalf, do hereby order that from and after the date of the Act of Parliament confirming this Order, the following provisions shall take effect, viz.: — Art. 1. The Confirming Act of 1883 shall be altered by the insertion in Article II. of the Order of 1883 of the words " fifty-five thousand pounds " in lieu of the words " thirty thousand pounds : ' Provided that any money borrowed under the additional powers of borrowing conferred by this Order shall be repaid within such period, not exceeding twenty years from the date of l)orrowing, as the Local Government Board may, by their sanction, determine. [By Art. I. of the Wallasey Order, 1897, power is given to borrow a further sum of £10,600 for the purposes of a dredger in connection with the ferry undertaking.] Art. II. This Order may be cited as the Wallasey Order, 1895. Given under the Seal of Olfice of the Local Government Board, this Sixth day of March, One thousand eight hundi'ed and ninety-five. y"'^ G. Shaw-Lefevbe, President. \^-^-/ S. B. Provis, Assistant Secretary. 312 59 Vict. Sessio?i 1896. C /A • JbJu tJu • Sec. 1—2 Local Government Board's Provisional Orders Confirmation (No. 4) Act, 1896. {Confirming the Wallasey Order, 1896.) AN ACT to confirm certain Provisional Orders of the Local Government Board relating to Clitberoe, Groole, Halifax, Llandudno, Plymouth, Stratford-upon- Avon, Swansea and Wallasey. 21sT May, 1896. 38 & 39 Vict. WHEREAS the Local Government Board have made the Provisional c- Iv. Orders set forth in the schedule hereto, under the provisions of the Public Health Act, 1875 : And whereas it is requisite that the said Orders should be confirmed hy Parliament : Be it therefore enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows : — Orders in schedule confirmed. Short title 1. The Orders set out in the schedule hereto shall be and the same are hereby confirmed and all the provisions thereof shall have full validity and force. 2. This Act may be cited as the Local Government Board's Provisional Orders Confirmation (No. 4) Act, 1896. [The omitted Orders have relation to districts other than Wallasey.] 59 Vict. Local Government BoarrVs ch. xxix. 313 Provisional Orders Conjirmation {No. 4) Act, 1896. THE WALLASEY OEDER, 1896. UEBAN DISTEICT OF WALLASEY. Provisional Order for altering a Confirming Act. To the Urban District Council of Wallasey ; — And to all others whom it may concern. Whereas the Urban District Council of Wallasey (herein-after referred to as "the District Council") are the Local Autliority within the meaning of the Public Health Act, 1875, for the Urban District of Wallasey (herein-after referred to as " the District ") ; And whereas the unrepealed provisions of the Wallasey Improve- 21 & 22 Vict, ment Act, 1858, the Wallasey Improvement x\ct, 1861, and the ^- ^^j"- Wallasey Improvement Act, 1867 (which Acts are herein-after ^jiVoVy-^V together referred to as " the Local Acts," and each of which Acts is c_ cxxxii. herein-after referred to as the x\ct of the year in which it was passed) as altered by a Provisional Order of the Local Government Board, dated the Fourth day of June, One thousand eight hundred and seventy-seven, and duly confirmed by the Local Government Board's iO & 41 Vict. Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877, ^- ccxxvii. (which Order and Act are herein-after respectively referred to as " the Order of 1877 " and " the Confirming Act of 1877,") by another Provisional Order of the Local Government Board dated the Twenty- second day of May, One thousand eight hundred and eighty-three, ie&'lTVict. and duly confirmed by the Local Government Board's Provisional c. cxxxvii. Orders Confirmation (No. 7) Act, 1883 (which Order and Act are herein-after respectively referred to as "the Order of 1883" and " the Confirming Act of 1883"), and l:)y another Provisional Order of the Local Government Board dated the Fifth day of May, Oncg^^ggyj^^ thousand eight hundred and ninety-two, and confirmed by the Local c. ccxxiii. Government Board's Provisional Orders Confirmation (No. 12) Act, 1892 (which Order and Act are herein-after respectively referred to as "the Order of 1892 " and " the Confirming Act of 1892 ") and by certain other Local Acts and Provisional Orders which do not aflfect the subject-matter of this Order, are in force in the District; And whereas by section 60 of the Act of 1858. section 3 of the Act of 1861, section 30 of the Act of 1867, Article II. of the Order of 1877, and Article I. of the Order of 1883, the Wallasey Local Board were empowered to borrow for the purposes of their gas undertaking, sums amounting in the wliole to the sum of eighty-five thousand pounds ; And whereas by subdivision (1) of Article II. of the Order of 1892, the Act of 1867, and the Confirming Acts of 1877 and 1883, so far as they respectively related to the Orders of 1877 and 1883, were 314 59 Vict. Local Guverninent BoarcVs cJi. xxix, Fruvisional Order-^ ConjirDiatloii (No. 4) Act, 1896. altered so as to enable the Local Board with the sanction of the Local Government Board and subject to the provisions of the Order of 1892 to borrow on the security of the "Wallasey Lighting Account" as mentioned in the x\ct of 1858, and of the district fund and general district rates of the District or upon either of such securities such Slim or sums as they might from time to time think necessary for the purposes of their gas undertaking not exceedmg in the whole the sum of fifty thousand pounds in addition to the said sum of eighty- five thousand pounds : 38 & 39 Vict. Now therefore We, the Local Government Board, in pursuance of c. 55. ^Y^^, powers given to Us by section 297 of the Public Health Act, 1875, and by any other Statutes in that behalf do hereby order that from and after the date of the Act of Parliament confirming this Order the following provisions shall take effect : — Art. I. The Confirming Act of 1892 shall be altered by the insertion in subdivision (1) of Article II. of the Order of 1892 of the words " seventy-two thousand pounds " in lieu of the words " fifty thousand pounds." [Further altered to " one hundred and twelve thousand pounds " by the Wallasey Order, 1898, Art. I.] Art. II. Each of the Provisional Orders relating to Wallasey the dates whereof are mentioned in column 1 of the Schedule hereto, may be cited by the short title mentioned in column 2 of that Schedule, this Order may be cited as the Wallasey Order, 1896, and all of the said Orders and the W^allasey Order, 1894, may be cited together as the Wallasey Orders, 1852 to 1896. The SCHEDULE above referred to. Date of Order. Short Title of Order. 9th November, 1852 - The Wallasey Order, 1852. 9th May, 1870 - - - - The Wallasey Order, 1870. 4th June, 1877 - - - - The Wallasey Order (No. 1), 1877 5th June, 1877 - - - - The Wallasey Order (No. 2), 1877. 22nd January, 1878 - The Wallasey Order, 1878. 7th May, 1881 - - - - The Wallasey Order, 1881. 22nd May, 1883- The Wallasey Order, 1883. 30th April, 1888 The Wallasey Order, 1888. 5th May, 1892 - - - - The Wallasey Order, 1892. Given under the Seal of Office of the Local Government Board this Nineteenth day of February, One thousand eight hundred and ninety- six. Henry Chaplin, President. " ■ * Hugh Owen, Secretary. 59&60Vicf. Session 1S96. ch, ccix. 315 THE Wallasey Urban District Council (Promenade) x^ct, 1896. {59 it- 60 Vict. ch. ccix.) ARRANGEMENT OF SECTIONS. Preamble section. Short title .. . ... ... ... ... ... ... ••• 1 Irxcorporation of Lands Glauses Acts ... ... ... ... 2 Interpretation ... ... .. ... ... ... ... 3 Execution of Act ... ... .. .. ... ... ■.. 4 Power to take lands shown on deposited Plans ... • • • 5 Correction of errors, &c., in deposited Plans, and book of reference ... ... ... ... ... ... • 6 Owners required to sell parts only of lands ... ... ... 7 Period for compulsory purchase of lands ... ... ... 8 Purchase of additional lands by agreement ... ... ... 9 Restriction on taking houses of labouring class ... ... 10 Power to grant easements, &c. ... ... .. ... ... 11 Power to Council to sell lauds ... ... . ... ... 12 Power to construct promenade ... ... ... ... ... 13 Power to deviate ... ... ... ... ... ... ... 14 Period for completion of works ... ... ... ... ... 15 Power to make subsidiary works ... ... ... ... 16 Alteration of position of mains and pipes .. ... .. 17 Promenade to be a pul^lic highway, and repairal)le as such ... 18 Bye-laws for regulating promenade ... ... ... ... 19 Power to erect shelters, &c., on promenade ... ... ... 20 Provisions as to laying out, &c., of open lands ... ... 21 Matters to be taken into account by arbitrators ... ... 22 Power to borrow ... . . ... . . ... ... ... 23 Mode of raising money ... ... ... ... ... ... 24 Certain regulations of Public Health Act not to apply ... 25 Application of provisions of Public Health Act as to mortgages 26 Periods for discharge of loans ... ... ... ... ... 27 316 59 & 60 Vict. The WaUaseij Urban cji. ccix. District Council {Promenade) Act, 1896. SECTION. Mode of repayment of money borrowed on mortgage Eegulations as to sinking fund Saving for existing charges Council not to regard trusts Appointment of Eeceiver Power to re-borrow Annual return to Local Government Board Proceeds of sale of surplus lands to be treated as capital Application of money borrowed... Protection of lender from inquiry Inquiries by Local Government Board ... Expenses of execution of Act ... Audit of Accounts... As to lands of the devisees of Charles Holland As to lands of Edgar Swinton Holland... As to lands of Philip Michael Vaughan For protection of the Eock Point Estate For protection of the Mersey Conservancy Commissioners Saving rights of Her Majesty's Principal Secretary of State for the War Department Saving rights of the Crown Costs of Act 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 59&e>0Vict. The Wallaseij Urban ch. ccix. 317 District Council (Promenade) Act, 189G. AN ACT to authorise the Wallasey Urban District Council to construct a Promenade and other Works to acquire certain Lauds and for other purposes. 7th August, 1896. WHEEEAS the urban district of Wallasey in the county of Chester (in this Act called the district) is under the government of the Wallasey Urban District Couvicil (in tliis Act called the Council) : [By virtue of the Local Government Act, 1894, Urban Sanitary Authorities became "Urban District Councils" (56 and 57 Vict. c. 73, sec. 21).] And whereas the Council (under their former name of the Wallasey Local Board) constructed a promenade along part of the shore of the estuary of the Eiver Mersey on the east side of the district : And whereas there is certain unenclosed ground adjoining or abutting on the foreshore of the estuary of the Eiver Mersey between the northern end of the said promenade and New Brighton Pier and public rights of way or rights of user are claimed to exist over the said ground but the owners of the lands adjoining or abutting on such ground claim to be the absoktte owners thereof : And whereas the construction of a promenade in extension of the existing promenade to New Brighton Pier and the laying out or planting in ornamental manner of the part of the said unenclosed ground situate on tlie landward side of such extended promenade would be a great improvement to the district and would greatly increase the value of the lands abutting on the said ground and it is expedient that the; Coi;ncil should be authorised to construct the said extension of the said existing promenade and to acquire the said ground accordingly for the pui'poses aforesaid and that all public or other rights over the said ground save as by this Act provided should be extinguished : And whereas it is expedient that the borrowing powers of the Council be extended : And whereas an estimate has been prepared by the Council for the purchase of land and tlie execution of the works by this Act authorised and for other the purposes of this Act and such estimate amounts to fifty thousand pounds : And whereas the works included in such estimate are permanent works within the meaning of section 234 of the Public Health Act, X875: 318 59 & 60 Vict. The Wallasey Urban cJi. ccix. District Conncil {Pro^nenade) Act, 1896. And whereas a plan and sections showing the Hnes and levels of the works authorised by this x\ct and the lands and property to be taken under the powers thereof and a book of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of all such lands were duly deposited with the clerk of the peace for the county of Chester and are herein-after respectively referred to as the deposited plan sections and book of reference : And whereas the purposes of this Act cannot be effected without the authority of Parliament : And whereas an absolute majority of the whole number of the Council at a meeting held on the first day of August one thousand eight hundred and ninety-five after ten clear days' notice by public advertisement of the meeting and of the purpose thereof in the Wallasey and Wirral Chronicle a local newspaper published and circulating in the district such notice being in addition to the ordinary notices required for summoning that meeting resolved that the expense in relation to promoting the Bill for this Act should be charged on the district fund and general district rate : And whereas that resolution was published twice in the said Wallasey and Wirral Chroiiicle and has received the approval of the Local Government Board : And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majority of the whole number of the Council at a further special meeting held in pursuance of a similar notice on the second day of January one thousand eight hundred and ninety-six being not less than fourteen days after the deposit of the Bill for this Act in the Offices of the Houses of Parliament : And whereas the owners and ratepayers of the district by resolution passed in the manner prescribed by the Public Health Act, 1875 (Schedule III.) have consented to the promotion of the Bill for this Act : May it therefore please Your Majesty that it may 1)6 enacted and be it enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authorit}' of the same as follows (that is to say) :— Short title 1. This Act may be cited as the Wallasey Urban District Council (Promenade) Act, 1896. Incorpora- 2. The Lands Clauses Acts so far as the same are applicable for tion of Lands ^\^q purposes of, and are not varied by or inconsistent with this x\ct c s. ^^,g incorporated with, and form part of this Act. Interpreta- 3. Ill this Act the words and expressions following shall have the tion. several meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction (that is to say) :— "The Council" means the Wallasey Urban District Council; 59 & 60 Vict. The Walla seij Urban cli. ccix. 319 District Council {Promenade) Act, 1896. " The district " means the district of the Council ; Sec. 4 — 7 " The clerk " means the clerk of the Council ; " The district fund " and " general district rate " mean the district fund and general district rate of the district ; "The open lands" means the unfenced ground adjoining or abutting on the foreshore between the termination of the existing promenade and the New Brighton Pier, which the Council are authorised to acquire under the powers of this Act ; " The enclosed lands " means the lands adjoining or abutting on the western side of the open lands, or on the foreshore between the points aforesaid ; "The frontagers" means the owners, lessees, and occupiers of the enclosed lands : For the purposes of this Act in the Acts incorporated with this Act the expression "superior courts " or "court of competent jurisdiction " shall have effect, as if the debt or demand with respect to which it is used were a simple contract debt, and not a debt or demand created by statute. 4. This Act shall l)e carried into execution by the Council. S^Jct^^"" 5. Subject to the provisions of this Act the Council may enter Power to upon, take and use such of the lands shown on the deposited plan ^^^^ lands and described in the deposited book of reference as may be required deposited for any of the purposes of this Act. plan. 6. If any omission or misstatement or erroneous description is Correction of found to have been made of any lands or of any owners, lessees, or en-or^5, &c., in occupiers of any lands shown or described or intended to be shown pi'ans and or described on the deposited plan, or in the deposited book of book of reference, the Council may apply to two justices for the correction reference. thereof after giving ten days' notice to the owners, lessees, and occupiers of the lands affected by the proposed correction, and if it appears to the justices that the omission, misstatement, or erroneous description arose from mistake they shall certify the same accordingly, stating the pai'ticulars of tlie omission, misstatement, or eironeous description, and such certificate shall be deposited with the clerk of the peace for the county of Chester, and shall be kept by him with the other documents to which it relates, and subject, and according to the same enactments and pro\'isions as apply to those other documents, and thereupon the deposited plan, or book of reference (as the case requires), shall be deemed to be corrected according to the certificate, and the Council may enter on, take hold, and use those lands accordingly. 7. And whereas in the construction of the woiks hereby Owners authorised, or otherwise in the exercise of the powers of this Act, it I'f'fi'^'"'''''^ to may happen that portions only of the lands, houses, or ot^^ei" of laiids'^ "" ^ buildings shown on the deposited plan may be sufticient for tlie pur- poses 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 other persons interested 3iiO 5Q&G0Vict. The Wallasey Urban ch. District Council {Promenade) Act, 1896. ccix. Sec. 8 — 12 in the lands, houses, or othei" buildings numbered respectively three and four on the deposited plan, whereof portions only are required for the purposes of this Act, may if such portions can in the opinion of the arbitrators, jury, or other authority to whom the question of disputed compensation shall be submitted be severed from the remainder of such properties without material detriment thereto, be required to sell and convey to the Council the portions only of the premises so required, without the Council lieing obliged or com- pellable to purchase the whole or any greater portion thereof, the Council paying for the portions required by them, and making com- pensation for any damage sustained by the owners thereof, and other parties interested therein by severance or otherwise. Period for compulsory- purchase of lands. Purchase of additional lands by agreement. Restriction on taking houses of labouring class. Power to grant ease- ments, &c. Power to Council to sell lands. 8. The powers of the Council for the compulsory purchase of lands for the purposes of this Act shall cease after the expiration of three years from the passing of this Act. 9. The Council may from time to time for the purposes of this Act purchase hy agreement any lands not exceeding twenty acres in addition to the lands which they are authorised to take by com- pulsion, but the Council shall not create, or permit the creation or continuance of any nuisance on any lands purchased under the provisions of this sectioir. 10. — (1) The Council shall not under the powers of this Act purchase or acquire ten or more houses, which on the fifteenth day of December last were occupied either wholly or partially by persons belonging to the laliouiing 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 fifteenth day of December, but have been or shall be subsequently so occupied. (2) For the purpose of this section the expression " labouring class " means and 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. 11. Persons empowered by the Lands Clauses Acts to sell and convey or release lands, may if they think fit, subject to the pro- visions of those Acts and of this Act, grant to the Council any easement, right or privilege (not being an easement, right or privilege of water, in which others than parties to the agreement have an intei'est) required for the purposes of this Act in over or affecting any such lands, and the provisions of the Lands Clauses Acts with respect to lands and rentcharges, so far as the same are applicable in this behalf, shall extend and apply to such grants, easements, rights and privileges as aforesaid. 12. The Council may, from time to time, sell and dispose of any lands acquired by them under this Act (other than the open lands) and not for the time being required for the purposes thereof. 59S:60Vi'ct. The Wallaseij Urban cJi. ccix. 321 District Council (Promenade) Act, 1896. Sec. 13— 19 13. Subject to the provisions of this Act, the Council may make Power to and maintain in the Parish of Wahasey, in the county of Chester, construct in the Hne and according to the levels shown on the deposited plan P"-'"™^"^ ^• and sections, a promenade and embankment or river wall (in this Act called the promenade) commencing at or near to the northern termination of the existing promenade, and terminating at or near to the New Brighton Pier, together with all such footways, carriage- ways, approaches, landing places, slipways, steps, sewers, drains, works and conveniences, as may be necessary or convenient. 14. Iw constructing the promenade by this Act authorised, the Power to Council may, subject to the provisions of this Act, deviate from the deviate, line thereof as shown on the deposited plan to any extent not exceeding the limits of deviation shown on that plan, and they may deviate from the levels thereof as shown on the deposited sections to any extent not exceeding one foot upwards and one foot downwards. 15. If the works by this Act authorised and shown on the Period for deposited plan and sections, are not completed within five years completion after the passing of this Act, then on the expiration of that period the powers by this Act granted for the making thereof or otherwise ii:i relation thereto shall cease, except with respect to so much thereof as is then completed. 16. Subject to the provisions of this Act, and within the limits Power to of deviation defined on the deposited plan, the Council in connexion "^^^P,. with and for the purposes of the promenade, may make junctions I^q^-^^ and communications with the existing promenade and any existing streets which may be interfered with by or contiguous to the promenade, and may make diversions, widenings or alterations of the lines or levels of the existing promenade, and of any existing streets for the purpose of connecting the same with the promenade. • Provided that the Council shall make to the owners, lessees, and occupiers of and all other parties interested in any lands or houses injuriously affected l)y any such interference or alteration, com- pensation for all damage sustained by them or any of them by the exercise of the powers of this section. IV. The Council may for the purposes of, or in connexion with Alteration the promenade, and within the limits of deviation raise, sink, or ^^ position of otherwise alter the position of any sewer or drain and gas or water main or pipe, and may remove any other obstruction, making in case of alterations proper substituted works in the meantime, and causing as little deti'iment and inconvenience as circumstances admit, and making compensation to any person who suffers damage by any such alteration. 18. Subject to the pi'ovisions of tliis Act, the promenade when Promenade completed shall be a public highway, atid shall be repaired, main- ^° ^^^ ^ public tained, lighted, and kept in order in the same way as the liighways remiTabk" in the district repairal)le by the inhabitants at large shall for the as such, time being be by law' repaired, maintained, lighted, and kept in order. 19. — (!•) The Council may make bye-laws for the regulation of Byelaws for the promenade for prescribing the nature of traflic for which it may regulating be used, and for the preservation of order and good conduct among ^^° persons frequenting the promenade. The bye-laws in force at the mains and pipes. 322 59 iSz GO Vict. The Wallasey Urban cli. ccix. District Council (Promenade) Act, 1896. Sec. 20 — 21 commencement of this Act relating to the promenade within the district, shall until altered or repealed, or until hye-laws are made under the provisions of this section apply to the promenade. (2.) The provisions with respect to hyelaws contained in sections 182 to 186 of the Pubhc Health Act, 1875 (except so much thereof as relates exclusively to the hyelaws of a rural sanitary authority) shall apply to all byelaws from time to time made by the Council under the powers of this Act. [Sees. 182 to 186 of the Public Health Act, 1875, relate to the authentication and alteration of byelaws ; power to impose penalties for l)reach thereof ; confirmation, printing, and evidence of the same.] Power to erect 20. The Council may provide and maintain on the promenade shelters, &c., gi^^c^ seats, shelters, steps, stands for bands of music and other on promenade conveniences as they may deem expedient. Provisions 21. The following provisions shall apply with respect to the as to laying open lands (other than the lands referred to in the sections of this open lands ^^* whereof the marginal notes are respectively " As to lands of the devisees of Charles Holland" "As to lands of Edgar Swinton Holland " and " As to lands of Philip Michael Vaughan ") lying to the westward of the promenade (that is to say) : — (1.) The Council, when they shall have acquired the said open lands, shall make and maintain, through, along, or across the same such footways, not less than four feet in width as herein- after mentioned and shall connect the same with the promenade at convenient intervals, so as to give a convenient access to the promenade and thence to the foreshore from the enclosed lands : (2.) The Council shall before taking any of the said open lands deposit for public inspection at the office of the Council a plan showing the footways which they propose to make under the provisions of this section and shall give notice of such deposit by advertisement in some newspaper published or circidating in the district. Within one month from the date of the publication of such advertisement any frontager may object to the said plan by notice in writing stating the grounds of his objection, and delivered at the office of the Council. If no such objection is made within the period aforesaid or if all such objections are subsequently withdrawn by the persons respectively making the same, the said plans shall thereupon become binding on all parties interested, and the footway shall be made as shown thereon. If any such objection is made within the period aforesaid and not withdrawn the questions in difference shall stand referred to an arbitrator being a practical surveyor, to he appointed for that purpose by the Local Government Board, who shall determine the position of the said footways and any other incidental matters, and his decision shall be binding on all parties, and the footways shall be made in the position determined by him and the reasonable remuneration of such surveyor to be settled in case of difference by the Local Government Board shall be borne as he shall direct : 59 & 60 Vict. The Wallaseij Urban cli. ccix. 323 District Council {Promenade) Act, 1896. (3.) The Council may from time to time deposit for public Sec. 22 — 24 inspection at their office a plan showing any alterations in regard to any footwaj^s made or required to I)e made in pursuance of this section, and may give notice of such deposit by advertisement in some newspaper published or circulating in the district and if no frontager affected by the proposed alteration shall ol:)ject thereto l)y notice in writing delivered at the office of the Council within one month from the publication of the notice, or if all such frontagers who shall so object shall withdraw their objections, the Council may make the alteration shown on the said plan : (4.) The frontagers and their sequels in estate shall "at all times be entitled to use the said footways and to have access thereby to the promenade and foreshore : (5.) The residue of the said open lands not required for the said footways shall be levelled planted and laid out by the Council in an ornamental manner and for ever kept unbuilt on and the Council may, if they think fit, permit the same or any part or parts thereof to be used as pul)lic pleasure grounds and the provisions of the Pulilic Health Acts relating to parks and pleasure grounds shall apply accordingly : (6.) Except as aforesaid all public and private rights of way or other rights over the said open lands shall on the acquisition thereof by the Council be extinguished. 22. In determining any question of disputed compensation under Matters to be this Act the arbitrators jurj^ or other authority shall take into taken into account the provisions of the last preceding section and any public arbitrators rights of way or other rights over or on the open lands and any permanent increase in value of the enclosed lands of the person claiming compensation, which, in the opinion of such authority, will result from or l)e caused l)y the construction of the promenade and other works by this Act authorised and generally all the other cii'cumstances of the case which it is equitable to consider. 23. The Council may from time to time borrow at interest on Power to the security of the district fund and general district rate and for the borrow, following purposes such sums as they see fit, not exceeding the following (that is to say) : — (1.) For the purchase of land and the execution of the works by this Act authorised and other the purposes of this Act fifty thousand pounds : (2) For paymentrof the costs, charges and expenses of this Act as herein-after provided such sums as may be required : And with the approval of the Local Government Board such further moneys as the Council may require for any of the purposes of this Act. 24. The Council may raise all or any moneys which they are Mode of authorised to borrow under this Act by mortgage or by the issue of I'aising debentures or annuity certificates under and subject to the provisions "^°^^®>- of the Local Loans Act, 1875, or by the issue of stock if and when they shall be authorised to issue stock or partly in one way and partly in another or others. 324 Sec. 25— 29 Certain regulations of Public Health Act not to apply. 59 & 60 Vict. The Wallasei/ Urban cli, ccix. District Council (Pro7nenacle) Act, 1896. Application of provisions of Public Health Act as to mortgages. Periods for discharge of loans. Mode of repajonent of money borrowed on mortgage. Regulations as to sinking fund. 25. The powers of borrowing money by this Act given shall not be restricted l)y any of the regulations contained in section 234 of the Public Health Act, 1875, and in calculating the amount which the Council may borrow under that Act, any sums which they may borrow under this Act shall not be reckoned. 26. The following sections of the Public Health Act, 1875, shall extend and apply to mortgages granted under this Act (that is to say) :— Section 236. Form of mortgage. Section 237. Eegister of mortgages. Section 238. Transfer of mortgages. 27. The Council shall pay off all moneys borrowed by them under this Act within the respective periods (in this Act referred to as the prescribed periods) following (that is to say) : — As to moneys borrowed for the purposes (1) mentioned in the section of this Act the marginal note whei'eof is " Power to borrow " within the limit there prescribed within fifty years from the date or dates of the borrowing of the same ; As to moneys borrowed for the purpose (2) in the said section mentioned within ten years from the date or dates of the borrowing of the same ; As to moneys borrowed with the approval of the Local Government Board within such period as they may think fit to sanction. 28. The Council shall pay off all moneys borrowed by them on mortgage under the powers of this Act either by equal yearly or half-yearly instalments of principal or of principal and interest combined or by means of a sinking fund or partly by one of these methods and partly l)y another or others of them. 29. The following provisions shall apply to the repayment by means of a sinking fund of any moneys borrowed bj^ virtue of this Act :— (1) The sinking fund shall be formed and maintained either — (a) By payment to the fund thi'oughout the prescribed period of such equal annual sums as will together amount to the moneys for the repaj'ment of which the sinking fund is formed. A sinking fund so formed is herein-after called a non-accumulating sinking fund ; or (h) By payment to the fund throughout the prescribed period of such annual sums as with accumulations at a rate not exceeding three per centum per annum will be sufficient to pay off within the prescribed period the moneys for the I'epayment of which such sinking fund is formed. A sinking fund so formed is herein-after called an accumulating sinking fund : (2) Every sum paid to a sinking fund and in the case of an accumulating sinking fund the interest on the investments of the sinking fund shall unless applied in repayment of the loan in respect of which the sinking fund is formed be immediately 59 & 60 Vicf. The Wallasei/ Urban ch. ccix. 325 District Council (Promenade) Act, 1896. invested in securities in which trustees are Ijy law for the time Sec. 30 — 31 l)eing authorised to invest or in mortgages, bonds, debentures, debenture stock, stock or other securities (not being annuity certificates or securities payalile to bearer) duly issued by any local authority as defined by section 34 of the Local Loans Act, 1875, other than the Council, the Council being at liberty from time to time to vary and transpose such investments : (3) In the case of a non-accumulating sinking fund the interest on the investments of the fund may be applied by the Council towards the equal annual payments to the fund : (4) The Council may at any time apply the whole or any part of any sinking fund in or towards the discharge of the money for the repayment of which the fund is formed provided that in case of an accumulating sinking fund the Council shall pay into the fund each year and accumulate during the residue of the prescribed period a sum equal to the interest which w^ould have been produced by such sinking fund or the part of such sinking fund so applied if invested at the rate per centum per annum on which the annual payments to the sinking fund are based : (5) (rt) If and so often as the income of an accumulating sinking fund is not equal to the income which would be dei'ived from the amount invested if the same were invested at the rate per centum per annum on which the annual payments to the fund are based, any deficiency shall be made good by the Council out of the district fund or general district rate : (b) If and so often as the income of an accumulating sinking fund is in excess of the income which would be derived from the amount invested if the same were invested at the rate per centum per annum on which the equal annual payments to the fund are based, any such excess may be applied towards such equal annual payments : (6) The provisions of section 15 of the Local Loans Act, 1875, shall not apply to the creation of any sinking fund for the repayment of moneys borrowed by virtue oi this x\ct. [Sec. 15 of the Local Loans Act, 1875, contains provisions for the discharge of Ijoan l)y sinking fund.] 30. Nothing in this Act shall prejudicially affect any charge on Saying for the revenue and rates or the estates and propcity of the Council ^j^'^^^!''g° subsisting at the passing of this Act, and every mortgagee or person for the time being entitled to the benefit of any such charge shall have the same priority of charge and all the like rights and remedies in respect of the levenue rate and property subject to his charge as if this Act had not passed, and all such charges created before the passing of this Act shall, during the subsistence thereof, have priority over any mortgage or charge granted under this Act on the same revenue rate and property. 31. The Council shall not be Ijound to see to the execution of Council not any trust whether expressed or implied or constructive to w^hich any to regard loan or security for loan given by them may be subject, but the receipt of the person in whose name any loan or security for loan stands in the register of mortgages, debentures, annuity, certificates 326 59 & 60 Vicf. The Wallace// Urban ch. ccix- District Council {Promenade) Act, 1896. Sec. 32 — 34 or stock of the Council shall, from time to time, be sufficient dis- charge to the Council in respect thereof, notwithstanding any trust to which such loan or security may be subject and whether or not the Council have had express or implied notice of any such trust or of any charge or incumbrance upon or the transfer of such loan or security or any part thereof or interest thereon not entered in their register. Appointment 32. — (1) The mortgagees of the Council by virtue of this Act of receiver, may enforce the payment of arrears of interest or of principal or of principal and interest by the appointment of a receiver. The amount of arrears to authorise the appointment of a receiver shall not be less than five hundred pounds in the whole. (2) The application for the appointment of a receiver shall be made to the High Court, and the court if it thinks tit may appoint a receiver on such terms as it thinks fit, and may at any time discharge the receiver and otherwise exercise full jurisdiction over him. Power to re-borrow. Annual return to Local Government Board. 33. If the Council pay off any moneys borrowed by them under this Act otherwise than by instalments or by means of a sinking fund or out of the proceeds of the sale of land or other property or out of fines or premiums on leases or out of other moneys received on capital account not being borrowed moneys, they may, from time to time, re-borrow the same, l)ut all moneys so re-borrowed shall be repaid within the prescribed period, and sliall be deemed to form the same loan as the moneys originally borrowed, and the obligations of the Council with respect to the repayment of the loan and to the provision to be made for such repayment shall not be diminished by reason of such re-borrowing. 34. — (1) The Clerk shall, witbin twenty-one days after the thirty- first day of March, in each year during which any sum is required to be paid as an instalment or annual payment or to be appropriated or to be paid to a sinking fimd in pursuance of the provisions of this Act, transmit to the Local Government Board a return in such form as may, from time* to time, be prescribed by that Board, and if required by that Board verified by statutory declaration, showing for the year next preceding the making of such return or for such other period as the Board may prescribe, the amounts which have been paid as instalments or annual payments, and the amounts which have been appropriated, and the amounts wdiich have been paid to or invested or applied for the purpose of the sinking fund, and the description of the secvmties upon which any investment has been made, and the purposes to which any portion of the sinking fund or investment of the sum accumulated by way of compound interest has been applied during the same period, and the total amount (if any) remaining invested at the end of the year, and in the event of any wilful default in making such return, the clerk shall be liable to a penalty not exceeding twenty pounds to be recovered by action on behalf of the Crown in the High Court. (2) If it appear to the Local Government Board l)y that return or otherwise that the Council have failed to pay any instalment or annual payment required to be paid or to appropriate any sum required to be appropriated or to set apart any sum required by this ddi&60Vicf. The Wallasey Urban ch. ccix. 327 District Council {Promenade) Act, 1896. Act for any sinking fund or have applied any portion of any sinking Sec. 35 — 41 fund or any interest thereon to any purpose other than those authorised, the Local Government Board may by order direct that the sum in such order mentioned not exceeding double the amount in respect of which default shall have been made shall be paid or applied as in such order mentioned, and any such order shall be enforceable by writ of Mandamus to be obtained by the Local Government Board out of the High Court. 35. The proceeds of the sale of any lands of the Council under Proceeds of the powers of this Act shall be distinguished as capital in the accounts sale of surplus of the Council, and shall be applied in discharge of any i^io^^eys ,^" Z' 1° ® borrowed by the Council under this Act, but shall not be applied to capital.' the payments of instalments or annuities, or to payments into the sinking fund, except to such extent and upon such terms as may be approved by the Local Government Board. Provided that borrowed money discharged by the application of such moneys shall not be re-borrowed. 36. AH moneys borrowed by the Council under the powers of this Application Act shall be applied only to the purposes of this Act for which they of money are authorised to be borrowed, and to which capital is properly borrowed. applicable. 37. A person lending money to the Council under this Act shall Protection of not be bound to inquire as to the observance by the Council of any lender from provisions of this Act, or be bound to see to the application or be "^1^^^3- answerable for any loss, misapplication, or non-application of the money lent, or of any part thereof. 38. — (1-) The Local Government Board may direct any inquiries Inquiries to be held l)y their inspectors which they may deem necessary in p Local regard to the exercise of any powers conferred upon them or the Board, giving of any consents imder this Act, and the inspectors of the Local Government Board shall for the purposes of any such inquiry have all such powders as they have for the pin-poses of inquiries directed by that Board under the Public Health Act, 1875. (2.) The Council shall pay to the Local Government Board any expenses incurred by that Board in relation to any inquiries referred to in 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. 39. Any expenses of the execution by the Council of this Act Expenses of with respect to which no othci- provision is made may be defrayed execution by the Council out of the district fund and general district rate. 40. Section 58 of the Local Government Act, 1891, shall apply Audit of to the accounts of the Council, and of their conunittees and oflicers accounts, under this Act. [Sec. 58 of the Local Government Act, 1894 (56 and 57 Vict, c. 73), relates to the Audit of Accounts of District Councils]. 41. The following provisions shall apply to the taking and use ^f the under the powers of this Act of the lands and property of, or claimed devisees by Charles Menzies Holland, Walter Holland, and Arthur Holland, of Charles Holland. 328 59&60 7/C'/. The Walla>ieij Urban eh. ccix. District Council {Promenade) Act, 1896. Sec. 51 devisees in trust under the will of Charles Plolland, deceased (who and the survivors and survivor of whom, and the heirs and assigns of such survivor are in this section referred to as and included in the expression "the devisees"), and shall he hinding upon the devisees and the Council (that is to say) : — (1) The property of the devisees affected hy this Act includes the freehold dwelling-house and the grounds attached thereto called Liscard Vale, in the parish of Wallasey (in this section referred to as "the enclosed grounds"), and the devisees claim to he ahsolutely entitled to the land (in this section referred to as " the open land ") lying hetween the enclosed grounds and the Eiver Mersey, in fee simple free from any puhlic or other rights of way or other rights over or affecting the same, but the Council do not admit such claim : (2) The promenade where it passes through the open land shall, unless otherwise agreed between the devisees and the Council, be so constructed that its western boimdary shall be in the exact position shown on the deposited plan, so that if the promenade be made of greater width than is shown on the deposited plan the widening shall be exclusively on the eastern side : (3) The promenade where it passes through the open land shall be fenced in on its western side by the Council by an unclimbable iron fence six feet high, alcove the level of the footpath on the western side of the promenade, fomided upon a stone sill not less than fifteen inches high, but the devisees shall all times be at liberty to make gates or entrances through the said fence for the use of persons resorting to any house or houses on their property facing the promenade ; (4) Two slipways each at least six feet wide shall be made and maintained by the Council from the promenade to the shore of the Eiver Mersey, one opposite Magazine Lane and the other opposite Holland Eoad, and both facing in a southerly direction. (5) A flight of stone or concrete steps shall be made and main- tained by the Council from the promenade to the shore of the Eiver Mersey opposite the enclosed grounds at the point marked C upon the plan signed by James Willcox Alsop and William Danger : (6) The Council shall not take or use under the powers of this Act without the consent in writing of the devisees any of the open land shown on the deposited plan as lying between the western side of the promenade and the enclosed grounds or between the western side of the promenade and the eastern boundary of the houses belonging to the devisees known as 1 and 2 Eiver View in the district of Magazines : (7) The devisees shall have the right of access from the enclosed grounds to the promenade by not more than three roads of such width as the devisees may think fit not being less than- the minimum width prescribed by the byelaws of the Council and being respectively of uniform width with any roads on the devisees' property of which the roads respectively shall form extensions. Suitable provision shall be made by the Council during the construction of the promenade and until the roads 59 & 60 Vicf. The Wallaseij Urban ch. ccix. 329 District Council {Promemide) Act, 1896. provided, for by this subsection are made and available for Sec. 42 securing access at all times from the enclosed grounds to the shore of the Eiver Mersey : (8) The Council shall when constructing the promenade lay a sewer longitudinally under the same and the devisees shall thereafter have the right to discharge sewage and drainage into the said sewer and in the meantime any existing sewers and drains from the enclosed grounds to the Eiver Mersey shall be preserved : (9) The devisees and all persons claiming under or through them " shall be at liberty to build to within but not nearer than thirty feet from the western boundary of the promenade : (10) The council shall not (notwithstanding anything in the section of this Act of which the marginal note is "Power to erect shelters, &c., on promenade ") erect or permit to be erected or continued, any building or erection of any description upon the promenade between a point opposite the north-eastern corner of Kirkdale Cottage groimds and a point opposite the south- eastern corner of the College grounds : (11) All the estate right, title and interest (if any) of the devisees in and in respect of the land required for the construction of the promenade in exact accordance with the deposited plan so far as regards the western fc)ide of the promenade t)ut with any widening of the promenade eastward beyond the line shown on the said plan which the Coimcil may think necessary or expedient within the limits of deviation and in and in respect of the land situate within the district of Wallasey and lying east of the site of the promenade but not including in either case any mines or minerals under any such land and being moi'e than five feet below the surface are hereby vested in the Council and any land so vested in the Council lying to the eastward of the promenade as actually constructed shall unless revested as herein-after provided remain and be for ever open and unbuilt upon. Provided that if the works by this Act authorised to be constructed on the said lands and shown on the deposited plan and sections are not constructed within the period limited by this Act in that behalf the estate right title and interest (if any) by this section vested in the Council shall be by this Act revested in the devisees : (12) Except as by this section provided the Council shall not purchase, take or interfere with any land or property of or claimed by the devisees. 42. The following provisions shall apply to the taking and use As to lauds under the powers of this Act of the lands and property of, or claimed of Edgar by Edgar Swinton Holland of Liscard in the parish of Wallasey in Holland the county of Chester (who and whose heirs and assigns are in this section referred to as and included in the expression " the owner") and shall be binding upon the owner and the Council (that is to say) : — (1) The property of the owner affected by this Act includes the freehold house and groimds called the College in the parish of Wallasey (in -this section referred to as " the enclosed 330 59 & 60 Vict. The Wallcuetj Urban cli. ccix. JJidrict Council {Promenade) Act, 1896. Sec. 42 grounds") and the owner claims to be absolutely entitled to the land (in this section referred to as " the open land ") lying between the enclosed grounds and the River Mersey in fee simple free from any public or other rights of way or other rights over or affecting the same but the Council do not admit such claim : (2) The promenade where it passes through the open land shall unless otherwise agreed between the owner and the Council be so constructed that its western boundary shall be in the exact position shown on the deposited plan so that if the promenade be made of greater width than shown on the deposited plan the widening shall be exclusively on the eastern side : (3) The promenade where it passes through the open land shall be fenced in on its western side by tbe Council by an unclimbable iron fence six feet high above the level of the footpath on the western side of the promenade founded upon a stone sill not less than fifteen inches high but the owner shall at all times be at liberty to make gates or entrances through the said fence for the use of persons resorting to any house or houses on his proj)erty facing the promenade : (4) Two slipways each at least six feet wide shall be made and maintained by the Council from the promenade to the shore of the River Mersey one opposite Magazine Lane and the other oi^posite Holland Road and both facing in a southerly direction : (5) The owner shall have the right of access from the enclosed grounds to the promenade by not more than one road of such width as the owner may think fit, not being less than the minimum width prescribed by the byelaws of the Coimcil, and being of uniform width with any road on the owner's property of which it shall form an extension. Suitable provision shall be made by the Council during the construction of the promenade and until the road provided for by this subsection is made and available for securing access at all times from the enclosed grounds to the shore of the River Mersey : (6) The Council shall when constructing the promenade, lay a sewer longitudinally under the same and the owner shall thereafter have the right to discharge sewage and drainage into the said sewer and in the meantime any existing sewer or drain from the enclosed grounds to the River Mersey shall be preserved : (7) The owner and all persons claiming imder or through him shall be at liberty to build to within but not nearer than thirty feet from the western boundary of the promenade : (8) The Council shall not (notwithstanding anything in the section of this Act of which the marginal note is "Power to erect shelters, &c., on promenade ") erect or permit to be erected or continued any building or erection of any description upon the promenade between a point opposite the north-eastern corner of Kirkdale Cottage grounds and a point opposite the south-eastern corner of the College grounds : 59 & 60 Vict. The Walla.se/j Urban cli. ccix. 33l District Gouiicil {Promenade) Act, 1896. (9) All the estate, right, title and interest (if any) of the owner in Sec. 43 and in respect of the land required for the construction of the promenade in exact accordance with the deposited plan so far as regards the western side of tlie promenade but with any widening of the promenade eastward beyond tlie line shown on the said plan which the Council may think necessary or expedient within the limits of deviation and in and in respect of the land situate within the district of Wallasey and lying east of the site of tlie promenade but not including in either case any mines or minerals under any such land and being more than five feet below the surface are hereby vested in the Council and any land so vested in the Council lying to the eastward of the promenade as actually constructed shall unless revested as herein-after provided remain for ever open and unbuilt upon. Provided that if the works by this Act authorised to be constructed on the said lands and shown on the deposited plan and sections are not constructed within the period limited by this Act in that behalf the estate, right, title and interest (if any) by this section vested in the Council shall be by this Act revested in the owner : (10) Except as Ijy this section provided the Council shall not purchase, take, or interfere with any land or property of or claimed by the owner. 43. The following pi'ovisions shall apply to the taking and use As to lands under the powers of this Act of the lands and property of or claimed of Philip by Philip Michael Vaughan of Kirkdale Cottage in the township oi y l^^ Liscard and in the parish of Wallasey in the county of Chester (who ° and whose heirs and assigns are in this section referred to as and included in the expression " the owner ") and shall be binding upon the owner and the Council (that is to say) : — (1) The property of the owner affected l)y this Act includes the house and the grounds attached thereto called Kirkdale Cottage in the parish of Wallasey (in this section referred to as "the enclosed grounds") and the owner claims to l)e absolutely entitled to the land (in this section referred to as " the open land") lying between the enclosed gromids and the Kiver Mersey in fee simple, free from any public or other rights of way or other rights over or affecting the same but the Council do not admit such claim : (2) The promenade where it passes thi'ough the open land shall unless otherwise agreed between the owner and the Council be so constructed that its western boundary shall be in the exact position shown on the deposited plan so that if the promenade be made of greater width than shown on the deposited plan the widening shall be on the eastern side : (3) The promenade where it passes through the open land shall be fenced in on its western side by the Council by an unclimb- able iron fence six feet high above the level of the footpath on the western side of the promenade founded iipon a stone sill not less than fifteen inches high but the owner shall at all times until the roads mentioned in sul)section (6) of this section shall have been made have free access through the said fence to the Eiver Mersey : 332 59 & 60 Vicf. The Wallasey Urban ch. ccix. District Council {Promenade) Act, 1896. Sec. 43 (4) A slipway at least six feet wide shall be made and maintained l)y the Council from tlie promenade to the shore of the Eiver Mersey opposite the road along the northern boundary of the enclosed grounds and facing in a northerly dii'ection : (5) Two flights of stone or concrete steps shall be made and main- tained by the Council from the promenade to the shore of the Eiver Mersey, opposite the enclosed grounds at the points marked A and B upon the plan signed by James Willcox Alsop and William Danger : (6) The owner shall have the right of access from the enclosed grounds to tlie promenade by not more than four roads of such width as the owner may think fit, not being less than the minimum width prescribed by the byelaws of the Council and being respectively of uniform width with any roads on the owner's property, of which the roads respectively shall be extensions. Suitable provisions shall Ije made by the Council during the construction of the promenade and until the roads provided for by this subsection are made and available for securing access at all times from the enclosed grounds to the shore of the Eiver Mersey : (7) The Council shall, when constructing the promenade, lay a sewer longitudinally under the same, and the owner shall thereafter have the right to discharge sewage and drainage into the said sewer and for that purpose to carry pipes under and through the strip of land to be vested in the Council as aforesaid : (S) The owner and all persons claiming under or through him shall be at liberty to jjuild to within but not nearer than seventy feet from the western boundary of the promenade : (9) The Council shall not (notwithstanding anything in the section of this Act of which the marginal note is " Power to erect shelters, &c., on promenade") erect or permit to be erected or continued any building or erection of any description upon the promenade between a point opposite the north-eastern corner of Kirkdale Cottage grounds and a point opposite the south-eastern corner of the College grounds. (10) All the estate right title and interest (if any) of the owner in and in respect of the land required for the construction of the promenade in exact accordance with the deposited plan so far as regards the western side of the promenade, but with any widening of the promenade eastward beyond the line shown on the said plan which the Council may think necessary or expedient within the limits of deviation and in and in respect of the land situate within the district of Wallasey and lying east of the site of the promenade and in and in respect of the land lying on the west side of the promenade and extending for a distance therefrom of forty feet or (where less than that distance will intervene between the western side of the promenade and the enclosed grounds of Kirkdale Cottage) of such less distance but not including in any case any mines or minerals under any such land and being more than five feet below the surface are hereby vested in the Council, and any land so vested in the Council lying to the eastward of the promenade aa actually constructed shall, unless revested as 50 & 60 Vict. The Wallaseij Urban ch. ccix. 333 District Council {Promemade) Act, 189G. hei"einaftei' provided, remain and be for ever open and unbuilt Sec. 44 — 46 upon. Provided that if the works by this Act authorised to be constructed on the said lands and shown on the deposited plan and sections are not constructed within the period limited b)' this Act in that behalf the estate, right, title and interest (if any) by this section vested in the Council shall be ])y this Act revested in the owner. (11) The land lying on the west side of the promenade and vested in the Council by the preceding subsection shall be fenced by the Council on all sides with a fence of the same description as that provided for by suljsection (3) of this section and shall be for ever kept and maintained by the Council as an ornamental enclosure or as ornamental enclosures and planted with suitable tx'ees and shrubs. (12) Except as by this section provided the Council shall not purchase, take or interfere with any land or property of or claimed by the owner. 44. — (1) Except with the consent of the owner for the time For protec- being of the Rock Point Estate so much of the promenade as abuts ^"" °1,*^.^^ upon the said estate shall not be so constructed that any part jr^tate °^" thereof shall be west of the river wall constructed for the protection of the said estate or of the site of such wall. (2) No lands forming part of the Rock Point Estate shall be acquired under the provisions of this Act otherwise than by agree- ment west of the lands required for the construction of the promenade. (3) Except with the consent of the Council no hotel, stable, shop, dwelling-house or other similar structure shall be erected upon the Rock Point Estate within forty feet of the western side of the promenade. (4) The owner for the time being of the said estate and his agents shall at all times l)e entitled to access at any point or points from the said estate to the promenade and thence by such approaches as the Council may be reasonably required to construct over the promenade to the lands lying east thereof and the river. (5) The section of this Act the marginal note whereof is " Power to Council to sell lands " shall not apply to the said estate. 45. The Council shall not execute any works or conduct any For protec- operations under tlu; powers of this Act within the jurisdiction of •'•o'^ of the the Mersey Conservancy Conunissioners except in accordance with '"'^'^-'|\ plans and sections first submitted to and approved of in writing by Oommis- the acting conservator for tlu; time being appointed by the said sioners. Commissioners under the IMcrscy Conservancy Act, 1842, and the pi'ovisions of that Act shall a})))ly to the works under this Act. 46. And wh(;reas it is necessary that the lands hereditaments Saving right* and works belonging to Her Majesty oi- \ested in Iler ]\Iajesty"s o^ Her Principal Secretary of State foi- the War Department for the ^/'^J'^^ty'f 11- • 1111 T • , . T I- f 11 • i • I rincipal public service siiould be picscrved intact and Iree from all intrusion Secretary or obstruction. Be it therefore enacted as follows (that is to say) : — of State "for (1) Nothing in this Act contained shall authorise the Council D^parfment to enter upon use or interfere with any land soil or water or 334 59 & 60 Vict. The Wallaseij Urban cli. ccix. District Council (Promenade) Act, 1896. Sec. VI — -IS any right in respect thereof vested in or exercised l)y the said Principal Secretary for the time l^eing, or to take away lessen prejudice or alter any of the rights privileges or powers vested in or exercised by the said Principal Secretary for the time being without his previous consent signified in writing under his hand, and which consent the said Principal Secretary for the time being is hereby authorised to give subject to such special or other conditions as he shall see fit to impose on the Council : (2) The said Principal Secretary for the time being shall at all times for himself his officers agents servants and workmen have full rights of way over the promenade to and from the Liscard Battery and rights of firing across the promenade from the Liscard Battery : (3) So much of the promenade as abuts upon or is opposite to the Liscard Battery shall at all times be kept free from buildings and other obstructions : (4) Provided that the Council shall be at liberty with the previous assent of the said Principal Secretary for the time loeing to level plant and lay out the open land lying between the west side of the promenade and the said battery, except so much thereof as lies within six feet of the wall of the said battery, such levelling planting and laying out being executed subject to the approval of the general officer commanding the district. Saving rights 47. Nothing contained in this Act shall authorise the Council of the Crown, ^q ^^j^g ^gg q^. [^^ c^^^^y manner interfere with any land or heredita- ments or any rights of whatsoever description belonging to the Queen's most Excellent Majesty in right of Her Crown and under the management of the Commissioners of Woods without the consent in writing of the Commissioners of Woods on l)ehalf of Her Majesty first had and obtained for that purpose (which consent such Commissioners are hereby authorised to give) neither shall anything in this 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. Costs of Act. 48. All the costs charges and expenses preliminary to and of and incidental to the preparing applying for obtaining and passing of this Act, as taxed by the taxing officer of the House of Lords or of the House of Commons shall he paid by the Council, and may be paid in the first instaiice out of any moneys in their hands, but shall be charged to and recouped l)y the moneys which the Council are authorised to ))orrow under the powers of this Act. 60 & 61 Vicf. Session 1897. ch. Ixvi. 335 Electric Lighting Orders Confirmation Sec. 1—2 (No. 6) Act, 1897. (Confirmhuj The Walhm'y Electric Lighting Order, 1S97.) AN ACT to confirm rertain Provisional Orders made by the Board of Trade nnder the Eleotric Lighting Acts, 1882 and 1888, relating to Barking Town, More- carabe, Ramsbottom, Swadlincote, and Wallasey. 15th July, 1897. WHEREAS under tlie authority of the Electric Lighting Acts, 1882 45 & 46 Vict, and 1888, the Board of Trade have made the several Provisional ^- ^V\q v -t Orders set out in the schedule to this Act : c xii ' And whereas a Provisional Order made by the Board of Trade under the authority of the said Acts is not of any validity or force whatever until the confirmation thereof by Act of Parliament : And whereas it is expedient that the several Provisional Orders made by the Board of Trade under tlu; authoi'ity of the said Acts as set out in the schedule to this Act be continued by Act of Parliament : Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled, and by the authority of the same as follows : — 1 . This Act may be cited as the Electric Lighting Orders Con- Short title, firmation (No. 6) Act, 1897. 2. The several Orders as set out in the schedule to this Act shall Orders in be, and the same are hereby confirmed, and all the provisions thereof schedule in manner and form as they are set out in the said schedule shall '^°"'^""^"- from and after the passing of this Act have full validity and effect. [The omitted Orders relate to Districts other than Wallasey.] 336 60&61 Vict. Electric Lir/Jitijirj Orders Covjir7natio)i (No. (i) Act, 1897. cJt. hrvi. Schedule. SCHEDULE. 5. Wallasey. -^Provisional Order granted by the Board of Trade under the Electric Lighting Acts, 1882 and 1888, to the Wallasey Urban District Council. THE WALLASEY ELECTRIC LIGHTING ORDER, 1897. Short title. Interpreta- tion. WALLASEY ELECTEIC LIGHTING. Provisional Order granted by the Board of Trade under the Electric Lighting Acts, 1882 and 1888, to the Wallasey Urban District Council in respect of the Urban District of Wallasey. Pkeliminaey. 1. This Order may be cited as the Wallasey Electric Lighting Order, 1897. 2. This order is to be read and construed subject in all 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 Ordei' — 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 l)e 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 meaii any electric line which maj' be laid down by the Undertakers in any street or public place and through which energy may be supplied or intended to be supplied liy 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 directh' 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 service lines for the purposes of general supply : 60 & 61 Vict. Electric Lighting Orders cU. Ixvi, 337 Gojifirmcition (No. 6) Act, 1897. The expression " general supply " shall mean the general supply of energy to ordinary 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 supplied or entitled to be supplied with energy by the Under- takers : 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 Telegraph Act, 1878, and any such telegraphic line shall be deemed to be injuriously affected where telegraphic communication by means of such line is whether through induc- tion or otherwise in any manner affected : The expression "railway" shall include any tramroad that 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 expression "Board of Trade regulations " shall mean any regulations or conditions affecting the Undertaking made by the Board of Trade under the principal Act or this Order for secur- ing the safety of the public or for insuring a proper and sufficient supply of energy : 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 : 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 or to such other scale as the Board of Trade may approve of for both plan and section together with such detail plan and sections as may be necessary. 3. This Order shall come into force and have effect upon the day Commence- when the Act confirming this Order is passed which date is in this J^^P^°^ Order referred to as " the commencement of this Order." 333 60& 61 Vict. Electric Lighting Orders eh. Ixvi. Confirmation {No. 6) Act, 1897. Description of the Undertakers. Description 4. Subject to the provisions of tliis Order the Undertakers for the of Under- purposes of this Order shall be the Wallasey Urban District Council. Area of Supply. Areaof supply 5. Subject to the provisions of this Order the area of supply shall be the whole of the area included in the First Schedule which said area is more particularly delineated upon the deposited map and thereon coloured red. Nature and Mode of Supply. Systems 6. Subject to the provisions of this Order and the principal Act and mode of the Undertakers may supply energy within the area of supply for all supply- public and private purposes as defined by the said Act provided as follows : — (1) Such energy shall be supplied only by means of some system which shall be approved in writing by the Board of Trade and subject to the Board of Trade regulations, and (2) The Undertakers shall not without the express consent of the Board of Trade place any electric line above ground, except within premises in the sole occupation or control of the Under- takers, and except so much of any service line as is necessarily so placed for the purpose of supply ; and (3) The Undertakers shall not permit any part of any circuit to be connected \\\\\\ earth, except so far as may be necessary for carrying out the provisions of the Board of Trade regulations, unless such connexion is for the time being approved of by the Board of Trade with the concurrence of the Postmaster-General, and is made in accordance with the conditions (if any) of such approval. Lands. Purchase and 7. Subject to the provisions of this Order and the principal Act, use of lands, the Undertakers may 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 dispose of any lands 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 so used by them shall not at any one time exceed in the whole five acres, except with the conse^it of the Board of Trade. Provided also that the Undertakers shall not purchase or acquire for the purposes of this Order ten or more houses which, on the fifteenth day of December last, were occupied either wholly or partially by 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 fifteenth day of December, but have been or shall be subsequently so occupied. For the purposes of this section the expression " labouring class " means and includes mechanics, artizans, labourers, and others GO & 61 Vict. Electric Lighting Orders ch.lrvi. 339 Confirmation (No. 6) Act, 1897. 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 shilhngs a week, and the famihes of any such persons who may be residing with them. Works. 8. Subject to the provisions of this Order and the principal Act, the Powers for Undertakers may exercise all or any of the powers conferred on tliem execution of by this Order and the principal Act, and may break up such streets ^^'°^'^*^- not repairable by the local authority, and such railways and tram- ways (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 laud 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 Undertakers to break up or interfere with any street or pax't of a street not repair- able by the local authority, or any railway or tramway except such streets railways or tramwaj's (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 Trade 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. [Sec. 13 of the Electric Lighting Act, 1882, contains restrictions on breaking up of private streets, railways and tramways.] 9. Subject to the provisions of this Order and the principal Act Street boxes and the Board of Trade regulations, the Undertakers may 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 Iwx sliall be for the exclusive use of the Undertakers and 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 con- ductors, 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 undertaking, and the Undertakers may place therein meters, switches and any other suitable and proper apparatus for any of the above purposes. Every such box, including tliu 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 l)y reason of inequality of surface or otherwise. 340 60 & 61 Vict. Electric Lighting Orders ch.lxvi. Confirmation {No. 6) Act, 1897. Notice of 10. Where the exercise of any of the powers of the Undertakers works with j^ relation to the execution of any works (including the construction served^on'^the °^ boxes) will involve the placing of any works in, under, along, or Postmaster- across any street or puhlic ])ridge, the following provisions shall have General. effect : — {a.) One month hef ore commencing the execution of such works (not being the repairs, renewals or amendments of existing w^orks, 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 the 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, give him any such further information in relation thereto as he may desire. {h.) The Postmaster-General may in his discretion approve of any such works or plan subject to such amendments or conditions as may seem fit or may disapprove of the same, and may give notice of such approval or disapproval to the Undertakers. (c.) Where the Postmaster-General approves any such works or plan subject to any amendments or conditions wath which the Undertakers are dissatisfied or disapprove 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. {cl.) 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.) Notwithstanding 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 ai:id the principal Act. (/.) 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 not exceeding five pounds. Provided that the Undertakers shall not be subject to any such penalties as aforesaid if the court 60 & 61 Vict. Electric Lighting Orders cli. Ixvi. 341 Confirmation (No. 6) Act, 1897. 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. Where any street or pulilic l)ridge is repairable by the county council tlie Undertakers shall serve a like notice and plan upon the county council in addition to those served upon the Postmaster- General, and the foregoing provisions of this section shall with the necessary modifications apply to the county council in like manner as to the Postmaster-General. 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. 11. Where the exercise of the powers of the Undertakers in As to streets relation to the execution of any works will involve the placing of "ot repau-able any works in under alonj^ or across any street or part of a street „L,°f!i,, „,. i • 1 1 1 1 1 1 1 • ■^ autnoiity 01 not repau'able by the local authority or county council or over or county under any railway tramway or canal, the following provisions shall council, have effect unless otherwise agreed between the parties interested : — railways, _ _ tramways, ((/.) One month before commencing the execution of any such and canals. works (not being the repairs renewals or amendments of existing works of which the character and position are not alteredj, 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 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" descriliing the proposed works together with a plan of the works, showing the mode and position in which such works are intended to l)e executed and placed, and shall upon being required to do so by any such owners 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. (c.) Within tliree 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 oi' plan as aforesaid shall be settled by arbiti-ation, and thereupon such question unless settled by agreement shall be settled by arbitration accordingly. ((/.) In settling any question under this section an arbitrator shall have regard toany duties or obligations which the owners maybe 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. 342 60c^61F/t'/. Electric Lighting Orders ch. Ixvi. Confirmation {No. 6) Act, 1897. ((?.) 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 l)e executed the works specified in such notice and plan as aforesaid and may 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, aiid only in accordance with the notice and plan so served by them as aforesaid or such modifications thereof respectively as may have been settled l)y arbitration as herein-before mentioned, or as may be agreed upon between the parties. (/) All works to be executed by the Undertakers imder this section shall be carried 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 is not altered will involve any interference with any railway, level crossing, or any tramway over or under which such works have been placed, the Under- takers shall unless otherwise agreed between the parties, or in cases of emergency give to the owners not less than twenty-four hours' notice before commencing to effect such repair, renewal, or amendment, and the owners shall be entitled by their officer to superintend the work, and the Undertakers shall conform to such reasonable requirements as may 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. (/?.) 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 owners affected thereby 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 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 Undertakers complied with the requirements of this section so far as was reasonable imder the circumstances. Street 12. Any body or person for the time being liable to repair any authority, street or part of a street, or entitled to work any railway or tramway ■c., may give -y^j^jg]-, i\^q Undertakers may be empowered to break up for the desire to purposes of this Order, may if they think fit serve a notice upon the brealj up Undertakers stating that they desire to exercise or discharge all or streets, &c., any part of any of the powers or duties of the Undertakers as therein Und^ t k 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 60&61 Vicf. Electric Liglitinq Orders ch. Levi. Confirmation {No. 6) Act, 1897. body or person, and may amend, or revoke any such. notice by another notice similarly served. 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 effect 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 com- menced, 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 dischai-ge so far as the same may be applicable. (f/.) 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 be 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. (e.) In any case of emergency the Undertakers may themselves proceed to at once exercise or discharge so much 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 sei'ving 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. (/.) 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. Provided that the Under- takers sliall not be subject to any such penalties as aforesaid, if the court having cognizance of the case shall be of opinion that o44 60 & 61 Vict. Electric Lighting Orders cli. Ixvi. Confirmation {No. 6) Act, 1897. the case was one of emergency, and that the Undertakers com- pHed with the requirements of this section so far as was reasonable under the circumstances. {(/.) All expenses propei'ly incurred by the givers of the notice in complying with any requisition of the Undertakers under this section shall l)e repaid to them by the Undertakers, and may be recovered summarily. Provided that nothing in this section shall in any way affect the rights of the Undertakers to exercise or discharge 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 actual 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. As to altera- 1.3. The Undertakers may alter the position of any pipes or wires tion of pipes, being under any street or place authorised to be broken up by them ^^"j®^' !^' , which may interfere with the exercise of their powers under the under streets. • • i , , ,i • /^ i i it ^ • ii prmcipal Act or this Order and any body or person may m like manner alter the position of any electric lines or works of the Under- takers 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 alterations 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 person 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 alterations 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 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. (fZ.) 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 served on them as aforesaid and in such case or where after any such requisition has been served 60 &G1 Vict. Electric Lighting Orders ch.lxvi. 345 Confirmation (No. 6) Act, 1897. upon them any question required to be settled by arbitration has been so settled the operators upon paying or securing any compensation which they )nay 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 ])rincipal x\ct and only in accordance with the notice and plan so served l:)y 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. (e.) At any time before any operators are entitled to commence any such alterations as aforesaid the owners may serve a state- ment 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 served upon the oj^erators 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 alterations are required to be connnenced and the manner in which such alterations are required to be made. {(/.) Upon receipt of any such notification as last aforesaid the owners may proceed to execute such alterations as required by the operators sid)ject 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 sucli alterations in like manner as they might have done if no such statement as aforesaid had been served upon them. (t.) All expenses properly incurred by any owners in complying with any notification of any operators under this section shall be repaid to them liy such operators and may be recovered summarily. (j.) Any owners may if tbcy think fit by any statement served by them under tliis section upon any operators not being a local authority require the said operators to give them such secm-ity for the repayment to them of any expenses to be incurred by them in executing any alterations as above mentioned as maybe determined in manner provided by this Order and wliere any operators have been so required to give security they sliall not be entitled to serve a notification u))on 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 346 60 & 61 Vict. Electric Light I) ig Orders ch. txvi. Confirmation (No. 6) Act, 1897. 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 affected 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 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. Laying of 14. Where the Undertakers require to dig or sink any trench for electric laying down or constructing any new electric lines (other than hnes, &c., service lines) or other works near to which any main pipe syphon near gas or i j. • r i_u i i i • ^ -^ , , ^ ^ -^ Y water pipes, electric hne or other work belongnig to any gas electric supply or or other water company has been lawfully placed or wbere any gas or w^ater electric lines, 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 unless 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 section referred to as the " owners " 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 conform with such reasonable requirements as may 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 undermine but not alter the position of any pipe electric line 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 crossing or liable to touch any mains pipes lines or services belonging to any gas electric supply or water company, the conducting portion of such electric line shall he effectively insulated in a manner approved by the Board of Trade and the Undertakers 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 such mains pipes lines or services, or except with the like consent employ any such mains pipes lines or services as conductors for the purposes of their supply of energy. Any question or difference which may arise under this section shall be determined by arbitration. 60 & 61 Vict. Electric Lighting Orders ch. Ixvi. 347 Confirmation {No. 6) Act, 1897. 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 penalty or costs 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 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 complied 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 anybody or person lawfully supplying water or water power and the expression " electric supply company " shall mean any Ijody or person supplying energy under the principal Act but not under this Order. 15. In the exercise of any of the powers of this Order relating to For protec- the execution of works the Undertakers shall not in any way injure ^^°^ °^ ™'" the railways tunnels arches works or conveniences belonging to any ^^^^panies"^ railway or canal company, nor obstruct or interfere with the working of the traffic passing along any railway or canal. 16. — (1.) The Undertakers shall take all reasonable precautions For protec- in constructing laying down and placing their electric lines and tio" o^ <^ele- other works of all descriptions, and in working their undertaking so 8^?"^''^"'^ as not injuriously to affect whether by induction or otherwise the wires, working of any wire or line from time to time used for the purpose of telegraphic telephonic or electric signalling commvmication or the currents in such wire or line whether such wire or line be or be not in existence at the time of the laying down or placing of such electric lines or other works. If any question arises between the Undertakers and the owner of any such wire or line as to whether the Undertakers have constructed laid down or placed their electric lines or other w'orks or worked their undertaking in contravention of this sub-section and as to whether the working of such wire or line or the current therein is or is not injuriously affected thereby such question shall be determined by arbiti-ation and tlie arbitrator (unless he is of opinion that such wire or line not having been so in existence at such time as afoi'esaid has Ixien placed in unreason- able proximity to the electric lines or works of the Undertakers) may direct the Undertakers to make any alterations in or additions to their system so as to comply with the provisions of this section and the Undertakers shall make such alterations or additions accordingly, (2.) Seven days before commencing to lay down or place any electric line or to use any electric line in any manner, whereby the work of telegraphic or telephonic or electric signalling communi- cation through any wire or line lawfidly laid down or placed in any 348 60 & 61 Vict. Electric Lighting Ordei\'y ch. Ixui. Confirmaiiori {No. 6) Act, 1897. position may l)e injuriously affected the Undertakers shall unless otherwise agreed between the parties interested give to the owner of such wire or line notice in writing specifying the course nature and gauge of such electric line, and the manner in which such electric line is intended to be used and the amount and nature of the currents intended to be transmitted thereby and tlie extent to and manner in which (if at all) earth returns are proposed to be used and any owner entitled to receive such notice may from time to time serve a requisition on the Undertakers requiring them to adopt such precautions as may be therein specified in regard to the laying placing or user of such electric line for the purpose of pre- venting such injurious affection and the undertakers shall conform with such reasonable requirements as may be made by such owner for the purpose of preventing the communication through such wire or line from being injuriously affected as aforesaid. If any difference arises between any such owner and the under- takers with respect to the reasonableness of any requirements so made such difference shall be determined by arbitration. Provided that nothing in this sub-section shall apply to repairs or renew'als of any electric line so long as the course nature and gauge of such electric line and the amount and nature of the current transmitted thereby are not altered. (3.) If in any case the Undertakers make default in complying with the requirements of this section they shall make full compensa- tion to ever}' such owner as aforesaid 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 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 afore- said if the court having cognizance of the case shall be of opinion that the case was one of emergency and that tlie Undertakers complied with the requirements 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 w-ire or line affected therel^y and that such ignorance was not owing to any negligence on the part of the Undertakers. (4.) Nothing in this section contained shall be held to deprive any owner of any existing rights to proceed against the Undertakers by indictment action or otherwise in relation to any of the matters aforesaid. Compulsory Works. Mains, &c., to 17. — (1.) The Undertakers shall within a period of two years after be laid down |-|^g commencement of this Order lay down suitable and sufficient 111 StrGGLS .... " specifiedin distributing mains for the purposes of general supply throughout Second every street or part of a street specified in that behalf in the Second Schedule and Schedule and shall thereafter maintain the same. in remainder of area of (2.) In addition to the mains hereinbefore specified the Under- supply. takers shall at any time after the expiration of six months after the commencement of this Order lay down suitable and sufficient distributing mains for the purposes of general supply throughout every other street or part of a street w'ithin the area of sujDply upon being required to do so in manner by this Order provided. 60 & 61 Vict. Electric Lighting Orders cli. Ixvi. 349 Confirmation {No. 6) Act, 1897. All such mains as last abovementioned (unless already laid down) shall be laid down hy the Undertakers within six months after anj' requisition in that behalf served upon them in accordance with the provisions of this Order has become binding upon them or such further time as mav in any case be approved of by the Board of Trade. (3.) When any such requisition is made in respect of any street not repairable by the local authority which is not mentioned in the Third Schedule, the Undertakers shall (unless the authority or person by whom such street is repairable consent to the JDreaking up thereof) forthwith apply to the Board of Trade under section thirteen of the Electric Lighting Act 1882, for the written consent of the Board authorising and empowering the Undertakers to break up such street, and the requisition shall not be binding upon them if the Board of Trade refuse their consent in that behalf. 18. If the Undertakers make default in laying down any dis- If Under- tributing mains in accordance with the provisions of this Order within takers fail to I n v f I own the periods prescribed in that behalf respectively the Board of Trade j^^'ains &c may after considering any representations of the Undertakers, either Order may revoke this Order as to the whole or any part of the area of supply be revoked. or if the Undertakers so desire suffer the same to remain in force as to such area or part thereof subject to such conditions as they may think fit to impose, and any conditions so imposed shall be binding on and observed by the Undertakers and shall be of the like force and effect in every respect as though they were contained in this Order. Provided that the Board of Trade shall not revoke this Order as to part of the area of supply where the Undertakers make a representation that they desire to be relieved of their liabilities as respects the rest of the area of supply and in such case the Board of Trade shall not under this section revoke this Order otherwise than as to the whole of tiie area of supply. 19. Any requisition requiring the Undertakers to lay down IManner in distributing mains for the purposes of general supply throughout any ^ -^tiQ :-, street or part of a street may be made l)y six or more owners or to be made, occupiers of premises along such street or part of a street. Every such requisition shall be signed by the persoiis making the same and sliall l)e served upon the Undertakers. Forms of requisition shall be kept Ijy llie Undertakers at their office and a copy shall be supplied free of charge to any owner or occupier of premises within the area of supply on application for the same and any requisition so supplied shall be deemed valid in point of form. 20. Where any such requisition is made by any sucli owners or Provisions on occupiers as aforesaid, the Undertakers (if they think til) may within |'<^ fourteen days after the service of the requisition upon tliem serve a occupiers, notice on all the persons by whom the requisition is signed, stating that they decline to be l)ound by such rc^quisition unless such persons or some of tbem will bind tliemselves to take or will guarantee that there shall I>e taken a supply of energy for three years of such amount in the aggregate (to be specified by the Undertakers in such notice) as will at the rates of charge for the time being charged by the Undertakers for a supply of energy from distributing mains to 350 GO & 61 Vict. Electric Lighting Orders Confirmation (No. 6) Act, 1897. ch. Ixvi. Undertakers to furnish sufficient supply of energy to owners and occuj)iers within the area of supply ordinary consumers within the area of supply produce annually such reasonable sum as shall be specified by the Undertakers in such notice. Provided that in such notice the Undertakers shall not with- out the authority of the Board of Trade specify any sum exceeding twenty per centum upon the expense of providing and laying down the required distributing mains and any other mains or additions to existing mains which may be necessary for the purpose of connecting such distributing mains with the nearest available source of supply. Where such notice is served the requisition shall not be binding on the Undertakers unless within fourteen days after the service of such notice on all the persons signing the requisition has been effected or in case of difference the delivery of the arbitrator's award there be tendered to the Undertakers an agreement severally executed by such persons or some of them binding them to take or guaranteeing that there shall be taken for a period of three years at the least such specified amounts of energy respectively as will in the aggregate at the rates of charge above specified produce an annual sum amounting to the sum specified in the notice or determined by arbitration under this section nor unless suflicient security for the payment to the Undertakers of all moneys which may become due to them from such persons under such agreement is offered to the Undertakers (if required by them by such notice as aforesaid) within the period limited for the tender of the agreement as aforesaid. If the Undertakers consider that the requisition is imreasonable or that under the circumstances of the case the provisions of this section ought to be varied they may within fourteen days after the service of the requisition upon them appeal to the Board of Trade, who after such inquiry (if any) as they shall think fit may by order either determine that the requisition is unreasonable and shall not be binding upon the Undertakers, or may authorise the Undertakers by their notice to require a supply of energy to be taken for such longer period than three years and to specify such sum or per- centage whether calculated as herein-before provided or otherwise as shall be fixed or directed by the Order and the terms of the above- mentioned agreement shall l)e varied accordingly. In case of any such appeal to the Board of Trade any notice by the Undertakers under this section may be served by them within four- teen days after the decision of the Board of Trade. If any difference arises between the Undertakers and any persons signing any such requisition as to any such notice or agreement such difference shall subject to the provisions of this section and to the decision of the Board of Trade upon any such appeal as aforesaid be determined by arbitration. Supply. 21. The Undertakers shall upon being required to do so by the owner or occupier of any premises situate within fifty yards from any distributing main of the Undertakers in which they are for the time being required to maintain or are maintaining a supply of energy for the purposes of general supply to private consumers under this Order or the Board of Trade regulations give and continue to give a supply of energy for such premises in accordance with the provisions of this 60 & 61 Viet. Electric Lightiucj Orders ch.lxvi. 351 Confirmation {No. 6) Act, 1897. Order and of the said regulations and they shall furnish and lay any electric lines that may he necessary for the purpose of supplying the maximum power with which any such owner or occupier may be entitled to be supplied under this Order subject to the conditions following (that is to say) : The cost of so much of any electric line for the supply of energy to any owner or occupier as may be laid upon the property of such owner or in the possession of such occupier and of so much of any such electric lines as it may be necessary to lay for a greater distance than sixty feet from any distributing main of the Undertakers although not on such property, shall if the Undertakers so require be defrayed by such owner or occupier. Every owner or occupier of premises requiring a supply of energy shall — Serve a notice upon the Undertakers specifying the premises in respect of which such supply is required and the maximum power required to be supplied and the day (not being an earlier day than a reasonable time after the date of the service of such notice) upon which such supply is required to commence ; and Enter into a written 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 payment to he 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 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 pui'pose 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 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 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 secm-ity given has become invalid or is insuflicient and in case any such owner or occupier fail to comply with the terms of such notice the Undertakers may if they think lit discontinue to supply energy for such 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 hunp 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 impi'operly interfere with the efficient supply of energy to any other body or person by the Under- takers, the Undertakers may if they think fit discontinue to supply energy to such premises so long as such user continues. 352 Maximum power. Penalty for failure to supply. Methods of charging. 60c^'61 Vicf. Electric Light 171 fj Orders Confirmaticm {No. 6) Act, 1897. ch. Ixvi. 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. 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 consumer shall be entitled to be supplied, shall be of such amount as he may 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 Under- takers, 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 difference arises between any such owner or occupier and the Undertakers as to what may ])e 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 ai'bitration. 23. Whenever the Undertakers make default in supplying energy to any owner or occupier of premises to whom they may be 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 upon which any such default occurs. Whenever the Undertakei's make default in supplying energy in accordance with the terms of the Board of Trade regulations, they shall be liable to such pei:ialties as may by the said regulations 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 cognisance of the case shall be of opinion that such default was caused by inevitable accident or force majeure or w^as of so slight or unimportant a character as not materially to affect the value of the supply. Pkice. 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. 60&QlVict. Electric Lighting Orders ch. Ixvi. 353 Confirmation {No. 6) Act, 1897. Provided that where the Undertakers charge by any method so approved by the Board of Trade any consumer who objects to that method may by one month's notice in writing require the Under- takers to charge him at tlieir option by the actual amount of energy suppHed to him or by the electrical quantity contained in such supply and thereafter the Undertakei's 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 Under- takers 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 l)y the Undertakers for energy Maximum supplied by them shall not exceed those stated in that behalf in the pi'ices. Fourth Schedule in the first and second sections thereof respectively, or in the case of a method of charge approved 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 Other charges and to the right of the consumer to require that he shall be charged l^y agreement, 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. Electric Inspectors. 27. The Board of Trade, on the application of any consumer or Appointment of the Undertakers, may appoint and keep appointed one or more °^ electric competent and impartial person or persons to be electric inspectors inspectors, under this Order. The duties of an Electric Inspector under this Order shall be as follows : — {(i) The inspection and testing periodically and in special cases of the Undertakers' electric lines and works and the supply of energy given by them ; (/)) The certifying and examination of meters ; and (c) Such other duties in the relation to the und(;rtaking as may be required of him under tlie provisions of this Order or of the Board of Trade regulations. The Board of Trade may prescril)e 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 everj' electric inspector Remunera- appointed under this Order sucli reasonable remuneration (if any) as ti"" o/ may be determined by the Board of Trade and such remuneration p'^ctric may be in addition to or in substitution for any fees which are directed "'^P®^ °^^- to be paid to electric inspectors for services rendered by them under 354 G0&61 VicL Electric Ligliting Orders Confirmation (No. 6) Act, 1897. ch. Ixvi. Board of Trade this Order or the Board of Trade regulations 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. Notice of 29. — (1.) The Undertakers shall send to the Board of Trade notice acciden-ts and of any accident by explosion or tire and also of any other accident of RoL^-rr^^ such kind as to have caused or to be likely to have caused loss of life or personal injury which has occurred in any part of the Undertakers' works or their circuits or in connexion with the same and also notice of any loss of life or personal injury (if any) occasioned by any such accident. Such notice shall be sent by the earliest practicable post after the accident occurs or as the case may be after the loss of life or personal injury becomes known to the Undertakers. If the Undertakers fail to comply with the provisions of this sub- section they shall be liable for each offence to a penalty not exceeding twenty pounds. (2.) The Board of Trade may if they deem it necessary 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 whether notice of the accident has or has not been received from the Undertakers or as to the manner and extent in and to which the provisions of this Order and the principal Act and of the Board of Trade regulations so far as such provisions affect the safety of the public have been complied with by the Undertakers and any person appointed under this section not being an electric inspector shall for the purposes of his appointment have all the powers of an electric inspector under this Order. Testing of mains. 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. GO & 61 Vict. Electric Lighting Orders cli.lxvi. 355 Confirmation (No. 6) Act, 1897. 31. An electric inspector if and when required to do so by any Testing of consumer shall on payment by such consumer of the prescribed fee '•'''^^'^^^ '^"^ test the variation of electric pressure at the consumer's terminals or consumer's make such other inspection and testing of the service lines apparatus premises, and works of the Undertakers upon the consumer's premises as may be necessary for the purpose of determining whether the Undertakers have complied with the provisions of this Order and the Board of Trade regulations. 32. A court of summary jurisdiction may upon the application of Undertakers any ten consumers direct the Undertakers at their own cost to to establish establish at such places within a reasonable distance from a ^^^tiug distributing main and keep in proper condition such reasonable ^'^^*'"^"^- number of testing stations as the court shall deem proper and sufficient for testing the supply of energy by the Undertakers througli such main, and thereupon the Undertakers shall establish such testing places and provide thereat such proper and suitalile instru- ments of a pattern to he approved by the Board of Trade as the court may direct and they shall connect such stations ])y means of proper and sufficient electric lines with such mains and supply enei'gy thereto for the purpose of such testing. 33. The Undertakers shall set up and keep upon all premises Undertakers from which they supply energy by any distributing mains such t" l^^ep suitable and proper instruments of such pattern and construction as i"«truments may be approved of or prescribed by the Board of Trade, and shall premises, take and record and keep recorded such observations as tlie 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 Headings of instruments which they are required by or under this Order to place instruments set up or keep at any testing station or on their own premises and *^° taken. any electric inspector appointed under this Order may 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 Electric the right to have access at all reasonable hours to the testing stations inspector and premises of the Undertakers for the purpose of testing the 1"'^^ ^^J^V .,, electric lines and instruments of the Undertakers and ascertaining if instruments, the same are in order and in case the same are not in order he may require the Undertakers forthwith to have tlie same put in order. 36. The Undertakers may if they think lit on each occasion of Representa- the testing of any main or service line or the testing or inspection of ^'°" °f any instruments of the Undertakers by any electric inspector be ^^ testings " represented by some officer or other agent but such oflicer or agent shall not interfere with the testing or inspection. 37. The Undertakers shall afford all facilities for the proper Undertakers execution of this Order witli respect to inspection and testing and to give the readings and inspection of instruments and shall comply with all fi^cilitujs for the requirements of or under this Order in tbat l^ehalf and in case '^' the Undertakers make default in complying with any of the provisions of this section they shall be liable in i-espect of each default to a penalty not exceeding five pounds and to a daily penalty not exceeding one pound. 356 Report of results of testing. 60 & 61 Vict. Electric Lighting Orders Confirmation {No. 6) Act, 1897. c]i. Ixvi. Expenses of electric inspector. Meters to be used except by agreement, Meters to be certified. Inspector to certify meters. 38. Every electric inspector shall on the day immediately following 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 authority or person 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 such authority or person 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 the Board of Trade regulations all fees and reasonable expenses of an electric inspector shall 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. Meteks. 40. The amount of energy supplied by the Undertakers to any ordinary consumer under this Order or the electrical quantity ' contained in such supply (according 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. 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 dis- connected 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. 60 & 61 Vict. Electric Lighting Orders cli. Ixvi. 357 Confirmation {No. 6) Act, 1897. 43. Where the value of the supply is under this Order required Undertakers to be ascertained by means of an appropriate meter the Undertakers *'° ^^^^PP^^ shall if required so to do by any consumer supply him with an ,.enuired to appropriate meter and shall if required so to do fix the same upon do so. 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 officer or person to enter upon such premises at all reasonable times 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 Meters not to under this Order for ascertaining the value of the supply with any '''^ connected electric line through which energy is supplied by the Undertakers jj^^.^g^^ ^^,-\ih. or disconnect any such meter from any such electric line unless he out notice, 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 ho shall be liable for each offence to a penalty not exceeding forty shillings. 45. Every consumer shall at all times at his own expense keep Consumer to all meters belonging to him whereby the value of the supply is to '^°°P ^^^ be ascertained in proper order for correctly registering such value prop'eVordcr and in default of his so doing the Undertakers may cease to supply energy through such meter. The Undertakers shall have access to and be at liberty to take off remove test inspect and replace any such meter at all reasonable times Provided that all reasonable expenses of and incident to any such taking off removing testing inspecting and replacing and tlie procuring such meter to be again duly certified where such re- certifying is thereby rendered necessary sliall if the meter be found to be not in proper order be paid by the consumer but if the same be in proper order all expenses coniiected therewith shall be paid by the Undertakers. 4G. The Undertakers may let for hire any meter for ascertaining Power to the the value of the supply and any fittings thereto for such remuneration Undertakers in money and on such terms with respect to the repair of such meter to let meters, and fittings and for securing the safety and return to the Undertakers of such meter and fittings as may lie agreed upon between the hirer and the Undertakers or in case of difference decided by the Board of Trade and such remuneration shall be recoverable by the Undertakers summarily as a civil debt. 47. The Undertakers shall unless the agreement for hire other- Undertakers wise provides at all times at their own expense keep all meters let to l^ccp for hire by them to any consumer whereby the value of the supjily ^^?!,'^;'!!',.!!„,:°.'^ is ascertamed m proper order for correctly registermg such value and in default of their so doing the consumer shall not be liable to pay rent for the same during such time as such default continues. The Undertakers shall for the ])urposes aforesaid have access to and be at liberty to remove test inspect and replace any such meter at all 358 60&61 Vict. Electric Ligliting Orders Conjirniation (No. 6) Aci, 1897. cJi. Ixvi. Differences as to correct- ness of meter to be settled by inspector. Undertakers to pay expenses of providing new meters where method of charge altered. Undertakers may place meters to measure supply or to check measure- ment thereof. INIap of area of supply to be made. reasonable times. Provirlecl that the expenses of procuring any such meter to be again duly certilied where such recertifying is thereby rendered necessary shall be paid by the Undertakers. 48. If any difference arises l)etween any consumer and the Undertakers as to whether any meter whereby the value of the supply is ascertained (whether belonging to such consumer or the Under- takers) is or is not in proper order for correctly registering such value or as to whether such value has been correctly registered in any case by any meter such difference shall be determined upon the application of either party by an electric inspector who shall also order by which of the parties the costs of and incidental to the proceedings before him shall be paid, and the decision of such inspector shall be final and binding on all parties. Subject as aforesaid the register of the meter shall be conclusive evidence in the absence of fraud of the value of the supply. 49. Where any consumer who is supplied with energy by the Undertakers from any distributing main is provided with a certified meter for the purpose of ascertaining the value of the supply and the Undertakers change the method of charging for energy supplied by them from such main, the Undertakers shall pay to such consumer the reasonalile expenses to which he may be put in providing a new meter for the purpose of ascertaining the value of the supply according to such new method of charging and such expenses may be recovered by the consumer from the Undertakers summarily as a civil debt. 50. In addition to any meter which may be placed upon the premises of any consumer to ascertain the value of the supply, the Undertakers may place upon his premises such meter or other apparatus as they may desire for the purpose of ascertaining or regulating either the amount of energy supplied to such consumer or the number of hours during which such supply is given or the maximum power taken by such consumer or any other quantity or time connected with the supply. Provided that such meter or apparatus shall be of some construction and pattern and shall be fixed and connected with the service lines in some manner approved by the Board of Trade and shall be supplied and maintained entirely at the cost of the Undertakers and shall not except by agreement be placed otherwise than between the mains of the Undertakers and the consumer's terminals. Maps. 51. The Undertakers shall forthwith after commencing to supply energy under this Order cause a map to be made of the area of supply and shall cause to be marked thereon the line and the depth below the surface of all their then existing mains service lines and other underground works and street boxes, and shall once in every year cause such map to he duly corrected so as to show the then existing lines. The Undertakers shall also if so required by the Board of Trade or the Postmaster-General cause to be made sections showing the level of all their existing mains and underground works other than service lines. The said map and sections shall be on such scale or scales as the Board of Trade shall prescribe. Every map and section so made or corrected or a copy thereof marked with the date when it was so made or last cori'ected shall be kept by the Undertakers at their principal office within the area of 60 & 61 Vict. Electric Lighting Orders ch. Ixvi. 359 GGnfirmation {No. 6) Act, J 897. supply and shall at all reasonable times be open to the inspection of all apphcants and such applicants may take copies of the same or any part thereof. The Undertakers may demand and take from every such applicant as aforesaid, such fee not exceeding one shilling for each inspection of such map section or copy, and such further fee not exceeding five shilHngs for each copy of the same or any part thereof taken by such applicant as they may prescribe. The Undertakers shall if so required by the Board of Trade or the Postmaster-General supply to them or him a copy of any such map or section and cause such copy to be duly corrected so as to agree with the original or originals thereof as kept for the time being at the office of the Undertakers. If the Undertakers fail to comply with any of the requirements of this section they shall for every such offence be liable to a ])cnalty not exceeding ten pounds and to a daily penalty not exceeding two pounds. Application of Moneys Eeceived. 52. All moneys received by the Undertakers in respect of the Application imdertaking except (a) borrowed money and (b) money arising from °^ I'evenue. the disposal of lands acquired for the purposes of this Order and (c) money not in the nature of rent received by them in respect of any transfer under the provisions of this Order shall be applied by them as follows : — (1.) In payment of the working and estalilishment expenses and cost of maintenance of the undertaking including all costs, expenses, penalties and damages incurred or payable by the Undertakers consequent upon any proceedings by or against the Undertakers, their officers or servants, in relation to the under- taking. (2.) In payment of the interest or dividend on any mortgages stock or other securities granted and issued by the Undertakers in respect of money borrowed for electricity purposes. (3.) In providing any instalments or sinking fund required to be provided in respect of moneys borrowed for electricity pui'poses. (4.) In payment of all other their expenses of executing this Order not being expenses properly chargeable to capital. (5 ) In providing a reserve fund if they think fit by setting aside such inoney as they may from tinu^ to time think reasonable and investing the same and the resulting income thereof in Govern- ment securities or in any other securities in which trustees are by law for the time being authorised to invest other than stock or securities of the Undertakei's and accunnilating the same at compoimd interest until the fund so formed amounts to one- tenth of the aggregate capital expenditure on the undertaking which fund shall be api)li("il)le to answer any deficiency at any time happening in the income of the Undertakers from the under- taking or to meet any extraordinary claim or demand at any time arising against the Undertakers in respect of the undertaking and so that if that fund is at any time reduced it nuiy thereafter l)e again restored to the prescribed limit, and so from time to time as often as such reduction happens. 360 60cV:(il Vict. Electric Lighting Orders Confirmation (No. 6) Act, 1897. ;A. / XVI. Application of cai^ital moneys. Notices, &c., may be printed or written . Service of notices, &c. The Undertakers shall carry the net surplus remaining in any year and the annual proceeds of the reserve fund when amounting to the prescrihed limit to the credit of the local rate as defined by the principal Act, or at their option shall apply such surplus or any part thereof to the improvement of the district for which they are the local authority, or in reduction of the capital moneys borrowed for electricity purposes. Provided always that if the surplus in any year exceed five per centum per annum upon the aggregate capital expenditure on the undertaking, the Underwriters shall make such a rateable reduction in the charge for the supply of energy as in their judgment will reduce the surplus to the said maximum rate of profit, but this proviso shall only apply to so much of the undertaking as shall for the time being remain in the hands of the Undertakers. Any deficiency of income in any year not answered out of the reserve fund shall be charged upon and payable out of the local rate. 53. All moneys arising from the disposal of lands acquired by the Undertakers for the purposes of this Order, and all moneys not of the nature of rent received by them in respect of any transfer of the undertaking under the provisions of this Order and all other capital moneys received by them in respect of the undertaking shall be applied by them as follows : — (1) In the reduction of the capital moneys borrowed by them for electricity purposes. (2) In the reduction of the capital moneys borrowed by them for other than electricity purposes. Notices, &c. 54. Notices, orders and otlier documents under this Order may be in writing or in print or partly in writing and partly in print, and where any notice, order or document requires authentication by the Undertakers, the signature thereof by their Clerk or Surveyor shall be sufficient authentication. 55. Any notice, order or document required or authorised to be served upon any body or person under this Order or the principal Act may be served by the same being addressed to such body or person and being left at or transmitted through the post to the following addresses respectively : — (a) In the case of the Board of Trade, the office of the Board of Trade ; (b) In the case of the Postmaster-General, the General Post Office ; (c) In the case of any county council, the office of such council ; (d) In the case of any local authority, the office of such local authority ; (e) In the case of any company having a registered office, the registered office of such coinpany ; (f) In the case of a company having an office or offices, but no registered office, the principal office of such company ; (g) In the case of any other person, the usual or last known place of abode of such person. 60 & 61 Vict. Electric Lighting Orders ch. Ixvi. 361 Confirmation (No. 6) Act, 1897. A notice, order or document by this Order required or authorised to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed ]:)y the description of the "owner" or "occupier" of the premises (naming the premises) without further name or description. A notice, order or document by this Order required or authorised to be served on the owner or occupier of premises, may be served by delivering the same or a true copy thereof to some person on the premises or, if there is no person on the premises to whom the same can with reasonable diligence be delivered, by fixing it on some conspicuous part of the premises. Subject to the provisions of this Order as to cases of emergency where tlie interval of time between the service of any notice or document under the provisions of this Order, and the execution of any works or the performance of any duty or act is less than seven days, the following days shall not be reckoned in the com])utation of such time (that is to say) Sunday, Christmas Day, Good Friday, any bank holiday under and within the meaning of the Bank Holiday Act 1871, and any act amending that x\ct and any day appointed for public fast, humiliation or thanksgiving. Kevocation of Order. 56. If at any time after the commencement of this Order, the Revocation Board of Trade have reason to believe that the Undertakers have where works made default in executing works or supplying energy in accordance "°'' ^^^'^"''Gd. with the provisions of this Order, the Board of Trade may, after such inquiry as they may think necessary, revoke this order as to the whole or with the consent of the Undertakers any part of the area of supply upon such terms as to the Board of Trade may seem just. 57. In addition to any powers which the Board of Trade may Eevocation have in that behalf they may revoke this Order at any time with the of Order with consent and concurrence of the Undertakers upon such terms as the consent. Board of Trade may think lit. 58. If the Board of Trade at any time revoke this Order as to the Provisions whole or any part of the area of supply, any persons who may l)e ^^i^i'o Order liable to repair any street or part of a street within such area or part ^^'^°^'^ • thereof in which any works of the Undertakers may have been placed may forthwith remove such works with all reasonable care, and the Undertakers shall pay to such persons such reasonable costs of such removal as may be specified in a notice to be served on the Under- takers l)y such persons or if so required by the Undertakers within one week after the service of such notice upon them as may be settled by arbitration. If the Undertakers fail to pay such reasonable costs as aforesaid within one month after the service upon them of such notice or the delivery of the award of the arbitrator (as the case may be) such persons, as aforesaid, may without any previous notice to the Undertakers (but without ])rejudice to any other remedy which they nuiy have for the recovery of the amount) sell and dispose of any sucli works, as aforesaid, either by public auction or private sale, and for such sum or sums and to such person or persons as they may think fit and may out of the proceeds of such sale pay and reimburse themselves the amount of the costs so specified or settled as aforesaid and of the costs of sale and the balance (if any) of the proceeds of the sale shall be paid over by them to the Undertakers. 362 60&61 Vict. Electric Lighting Orders ch. Ixvi. Coiijinnation {No. 6) Act, 1897. Transfers of Powers, kc. Transfer of 59. — (1.) At any time after the commencement of this Order the powers, &c. Undertakers may with the consent of the Board of Trade hy deed to be approved by the Board of Trade transfer their powers, duties, lialiihties and works to any company or person subject to such exceptions and modifications (if any), and for such period and upon such terms as may be specified tlierein and either as to the whole or any part or parts of the area of supply and during the said period but subject to the provisions of this Order such Company or person shall to the extent of the powers, duties and liabilities so transferred be the Undertakers for the purposes of this Order. (2.) One month at least before any draft deed is submitted to the Board of Trade for their approval under this section, notice of the intention to make such transfer shall be published by the Under- takers by advertisement, and a copy of the said draft deed shall be deposited for public inspection during office hours at the principal office of the Undertakers within the area of supply, and printed copies thereof shall be supplied to every person demanding the same at a price pot exceeding sixpence for each copy. (3.) Every such advertisement shall contain the following particulars : — (a) The area in respect of which the transfer is proposed to be made ; (b) The period for which the transfer is proposed to be made ; (c) The rent or other pecuniary consideration in respect of the transfer ; (d) a general description of the powers, duties or liabilities of the Undertakers proposed to be excepted or modified, and of the terms upon which the transfer is proposed to be made ; and (e) The address of the office at which the copy of the said draft deed is deposited for public inspection and at which printed copies of the same are on sale : And such advertisement shall be inserted once at least in each of two successive weeks in one and the same newspaper circulating within the area of supply, and once at least in the London Gazette. (4.) The Undertakers may with the consent of the Board of Trade by deed to be approved in like manner renew or continue any such transfer for such period and subject to such variations or modifica- tions (if any) as may be specified therein, and the above provisions as to advertisements and particulars shall apply to such matters as are hereby I'equired to be specified in such last-mentioned deed. (5.) Where in relation to any powers, duties or liabilities so trans- ferred such company or person have in the opinion of the Board of Trade been guilty of any act or default in respect of which the Board of Trade are empowered to revoke this Order, the Board of Trade if they think fit in lieu of revoking this Order may by order permit the Undertakers to resume the undertaking as from such day as may be fixed by the order and from and after the said day the powers, duties and liabilities of the said company or person as Undertakers shall cease and determine but without prejudice to anything done or suffered during the period of transfer. 60 & 61 Vict. Electric Lighting Orders ch. I.rvi. 363 Confirmation (No. 6) Act, 1897. (6.) Any questions arising between the Undertakers and the said company or person respecting the resumption of the undertaking by the Undertakers sliall l)e determined on the apphcation of either party by the Board of Trade, regard l)eing liad to the deed of transfer so far as apphcable and the decision of the Board of Trade shall be final and conclusive. (7.) As soon as practicable after any such deed is approved by the Board of Trade printed copies thereof shall he kept by the Under- takers for public inspection at their principal of^ce within the area of supply, and supplied to any person demanding the same at a price not exceeding sixpence for each copy, and in case of any default herein the Undertakers shall be liable to a penalty not exceeding five pounds and to a daily penalty not exceeding five pounds. (8) Nothing in this section shall affect any powers, duties or liabilities of the Undertakers which shall not be transferred by any such deed and the Undertakers shall continue to have and be subject to such powers duties and liabilities (if any). General. 60. If at any time it is established to the satisfaction of the Board Remedying of Trade (a) that the Undertakers are supplying energy otherwise "^ system tlian by means of a system which has been approved by the Board of ''^' '''^'^^'^^^ Trade or (except in accordance with the provisions of this Order) have permitted any part of their circuits to be connected with earth or have placed any electric line above ground or (b) that any electric lines or works of the Undertakers are defective so as not to be in accordance with the provisions of this Order or the Board of Trade regulations or (c) that any work of the Undertakers or their supply of energy is attended with danger to the public safety or injuriously affects any telegraphic line of the Postmaster-General, the Board of Trade may by order specify the matter complained of and require the Undertakers to abate or discontinue the same within such period as may be therein limited in that behalf, and if the Undertakers make default in complying with such order they shall l)e liable to a penalty not exceeding twenty pounds for every day during which such default continues. The Board of Trade may also if they think fit l)y the same or any other order forbid the use of any electric line or work as from such date as may be specified in that behalf until the order is complied with or for such time as may be so specified and if the Undertakers make use of any such electric line or work while the use tliereof is so forbidden they shall be liable to a penalty not exceeding one hundred pounds for every day during which such user continues. In any case of non-compliance with an order under this section whether a pecuniary penalty has been recovered or not the Board of Trade if in their opinion the public interest so requires may revoke this Order on such terms as they may think just. (U. The Board of Trade regulations for the time being in force Publication shall within one month after tiie same as made or last altered have "^ rogulntions come into force be printed at the expense of the Undertakers and true copies thereof certified by or on belialf of the Undertakers shall be kept by them at their principal office within the area of supply and supplied to any person demanding the same at a price not exceeding sixpence for each copy. 864 60&61 Viot. Electric Lighting Orders Confinmitiun {No. 6) Act, 1897 ■h. I cvi. Nature and amount of security. If the Undertakers make default in complying with the provisions of this section they shall be liable to a penalty not exceeding five pounds and to a daily penalty not exceeding five pounds. 62. Where any security is required under this Order to be given to or by the Undertakers such security may be by way of deposit or otherwise and of such amount as may be agreed upon between the parties or as in default of agreement may be determined on the application of either party l)y a court of summary jurisdiction who may also order by which of the parties the costs of the proceedings before them shall be paid and the decision of the said court shall be final and binding on all parties. Provided that where any such security is given by way of deposit the party to whom such security is given shall pay interest at the rate of four per centum per annum on every sum of ten shillings so deposited for every six months during which the same remains in their hands. Proceedings 63. x\ll things required or authorised under this Order to be done of Board of by, to, or before the Board of Trade may be done l)y, to, or before Trade. ^^j^g President or a secretary or an assistant secretary of the Board. All documents purporting to be orders made by the Board of Trade and to be sealed with the seal of the Board or to be signed by a secretary or assistant secretary of the Board or l)y any person authorised in that behalf by the President of the Board shall be received in evidence and shall be deemed to be such orders without further proof unless the contrary is shown. A certificate signed by the President of the Board of Trade that any order made or act done is the order or act of the Board shall be conclusive evidence of the order or act so certified. of Board of Trade. As to approval 64. Where this Order provides for any consent or approval of the or consent Board of Trade the Board may give such consent or approval subject to terms or conditions or may withhold their consent or approval as in their discretion they may think fit. All costs and expenses of or incident to any approval, consent, certificate, or order of the Board of Trade or of any inspector or person appointed Ijy the Board of Trade including the cost of any inquiry or tests which may be required to be made by the Board of Trade for the purpose of determining whether the same should be given or made to such an amount as the Board of Trade shall certify to be due shall be borne and paid by the applicant or applicants thei-efor. Provided always that where any approval is given by the Board of Trade to any plan, pattern, or specification, they may require such copies of the same as they may think tit to be prepared and deposited at their office at the expense of the said applicant or applicants and may as they think fit revoke any approval so given or permit such approval to be continued subject to such modifications as they may think necessary. Notice of approval of Board of Trade, &c., be given by advertise- ment. 65. Where the Board of Trade upon the application of the Undertakers give any approval or grant any extension of any time to limited for the performance of any duties by the Undertakers or revoke this Order as to the whole or any part of the area of supply notice that such approval has been given or such extension of time 60 & 61 Vict. Electric Ligliting Orders cU. Ixvi. 365 Confirmation {No. 0) Act, 1897. granted or such revocation made shall if the Board of Trade so direct he puhlished by public advertisement once at least in each of two successive weeks in some one and the same local newspaper by the Undertakers. 66. All penalties, fees, expenses, and other moneys recoverable Recovery and under tliis Order or under the Board of Trade regulations the recovery application of of which is not otherwise specially provided for may be recovered P^^'^^'-i'^s- summarily in manner provided by the Summary Jurisdiction Acts. Any penalty recovered on prosecution by any body or person or ai^y part thereof may if the court shall so direct be paid to such body or person. 67. The Undertakers shall be answerable for all accidents, Undertakers damages, and injuries happening through the act or default of the *? ^^ respon- Undertakers or of any person in their employment l)y reason of or*'? J*!. ^ inconsequence of any of the Undertakers' works and shall save '"^ ' harmless all authorities bodies and persons by whom any street is repairable and all other authorities companies and bodies collectively and individually and their officers and servants from all damages and costs in respect of such accidents, damages, and injuries. 68. Section two hundred and sixty-five of the Public Health Act, Incorpora- 1875, shall 1)6 incorporated with this Order and in the construction '■''^" '^^ of that section for the purposes of this Order " this Act " means this PubHc'ne'alt^h Order and the principal Act and tlie "local authority" means the Act, 1875. Undertakers. [Sec. 265 of the Public Health Act, 1875, protects local authorities and their officers from personal liability in the hand fide execution of their powers.] 69. Nothing in this Order shall affect any right or remedy of the Saving for Postmaster-General under the principal Act or the Telegraph Acts, Postmaster- 1863 to 1892, and all provisions contained in this Order in favour of General, the Postmaster-General shall be construed to be in addition to and not in modification of the provisions of those Acts. 70. Nothing in this Order shall exonerate the Undertakers from Undertakers any indictment action or other proceedin'^s for nuisance in the event ]}^^ exempted c ' ■ 1 • 1 • i . 1 1 i 1 from pro- of any nuisance bemg caused or pernutted by them. cecdings for nuisance. 71. Nothing in this Order shall exempt the Undeilakers or their p,.ovision as undertaking from the provisions of or deprive tlie Undertakers of the to general benefits of any general Act relating to electricity or to the supply of Acts. or price to be charged for energy which may be passed after the commencement of tliis Order. 72. The Wallasey Electric Lighting License, 1896, is hereby Revocation revoked as from the commencement of this Order lint tliis revocation '^^ I'icense. shall not att'ect anything done or suffered or any riglit obhgation or Hability acquired accrued or incurred under the said License, and any legal proceeding may be taken in respect thereof as if the said License had not been revoked. 366 GO & 61 Vicf. Electric LigJ/ting Orflers cli.hvvi. Confirmation (No. 6) Act, 1897. Schedules. SCHEDULES. FIEST SCHEDULE. Area of Supply. The Urban District of Wallasey as the same is constituted at the commencement of this Order. SECOND SCHEDULE. List of streets and parts of streets throughout which the Undertakers are to lay distributing maiias within a period of two years after the commencement of this Order : — Sea View Eoad, Liscard. Liscard Village, Liscard. Manor Eoad, Liscard. Sea Bank Eoad, New Brighton, Liscard and Egremont. Eowson Street, New Brighton. Victoria Eoad, New Brighton. King Street, Egremont. Brighton Street, Seacombe. Church Eoad, Seacombe. Tobin Street, Egremont. THIED SCHEDULE. List of streets not repairable by the local authority railways and tramways which may be broken up by the Undertakers in pursuance of the special powers granted by this Order : — (a.) Streets. Sea View Eoad, Liscard. Claremont Eoad, Wallasey. (b.) Eailways. None. (c.) Tramways. The tramways of the Wirral Tramway Company, Limited. FOUETH SCHEDULE. In this schedule the expression ' ' unit ' ' shall mean the energy contained in a current of 1,000 amperes flowing under an electro- motive force of one volt during one hour. 60 &G1 Vict. Electric Lighting Orders ch. Ixvi. 367 Confirmation {No. 6) Act, 1897. Section 1. Schedules. Where the Undertakers charge any consumer hy the actual amount of energy suppUecl to him they shall be entitled to charge him at the following rates per quarter. For any amount up to twenty units thirteen shillings and fourpence and for each unit over twenty units eightpence. Section 2. Where the Undertakers charge any consumer by the electrical quantity contained in the supply given to him they shall be entitled to charge him according to the rates set forth in section 1 of this schedule the amount of energy supplied to him being taken to be the product of such electrical quantity and the declared pressure at the consumer's terminals (that is to say) such a constant pressure at those terminals as may declared by the Undertakers under the Board of Trade regulations. 368 60&61T7C/. Session ISOl. cli. Ixviii. Sec. 1—2 Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1897. {Confirming tJie Wallasey Order, 1897.) AN ACT to confirm certain Provisional Orders of the Local Government Board relating to Buxton, Kingston- iipou-HuU, Plymouth, Eamsgate (two), Southamp- ton, 8outhend-on-Sea, Wallasey, and West Ham. 15th July, 1897. 38 & 39 Vict. WHEREAS the Local Government Board have made the Pro- c. 55. visional Orders set forth in the schedule hereto under the provisions of the Public Health Act, 1875. And whereas it is requisite that the said Orders should be confirmed by Parliament. Be it therefore enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows : — Orders in 1 . The Orders as altered and set out in the schedule hereto shall schedule j^g .j^J-ij the same are hereby confirmed and all the provisions thereof confirmed. ^^^^^^ j^.^^,^ f^^^j validity and force. Short title. 2. This Act may be cited as the Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1897. [The omitted Orders relate to districts other than Wallasey.] 60cfe61F/c^. Local Government BoarcVs ch.lxviii. 369 Provisional Orders Gonfirniation (No. 2) Act, 1897. THE WALLASEY ORDER, 1897. URBAN DISTRICT OF WALLASEY. Proyisioual Order for altering a Local Act and certain Confirming Acts. To the Urban District Council of Wallasey : — And to all others whom it may concern. Whereas the Urban District Council of Wallasey (hereinafter 35 & 36 Vict, referred to as " the District Council ") are the local authority within c. cxxv. the meaning of the Public Health Act, 1875, for the Urban District of Wallasey (hereinafter referred to as "the District") and the unrepealed provisions of the Wallasey Improvement Act, 1872 (hereinafter referred to as "the Local Act") as altered by the Provisional Orders hereinafter recited and by certain other Provisional Orders made by the Local Government Board and duly confirmed by Parliament, but which last-mentioned Orders do not affect the subject-matter of this Order are in force in the district. And whereas by section 17 of the Local Act as altered by the 40 & 41 Vict. Wallasey Order (No. 1), 1877, which was confirmed by the Local c cexxvii. Government Board's Provisional Orders Confirmation (Caistor Union, &c.) Act, 1877, by the Wallasey Order, 1881, which was confirmed by f *xif ^''''*'' the Local Government Board's Provisional Orders Confirmation (Acton, &c.) Act, 1881, by the Wallasey Order 1883, which was con- 45 & 47 Vict. firmed by the Local Government Board's Provisional Orders c. cxxxvii. Confirmation (No. 7) Act, 1883, and by the Wallasey Order, 1895, which was confirmed by the Local Government Board's Provisional ^^ * ^^ ^^'^'• Orders Confirmation (No. 1) Act, 1895, the District Council or their *^' ^ ' predecessors were empowered to borrow for ferry purposes sums amounting in the whole to the sum of two hundred and fifty-tln-ee thousand five hundred pounds ; And whereas it is expedient that the District Council should he empowered to borrow further moneys for the purposes hereinafter mentioned ; Now therefore we the Local Government Board in pursuance of 38 & 39 Vict. the powei-s given to us by sections 297 and 303 of tlie Public Health ^- ^^^ Act, 1875, and by any other Statutes in that behalf do hereby order that from and after tlie date of tlie Act of Parliament confirming this Order the Local Act and the Confirming Acts above mentioned so far as they respectively relate to the Orders above mentioned shall be altered so as to provide as follows, viz. : — Art. I. The District Council may with the sanction of the Local Government Board and subject to the provisions of this Order borrow upon the security of the Wallasey Ferries Account and of the district fund and general district rate of the District or upon either of such securities either together or separately such sums not exceeding in the whole the sum of ten thousand and six hundred jwunds as may from time to time be necessary for the purposes of a dredger in con- nection with their ferry undertaking in addition to tlie said sum of two liundred and fifty-three thousantl five hundred pounds. AA 370 60& 61 Vict. Local Government Board's cli.lxviii. Provisional Orders Gonfirmation {No. 2) Act, 1897. Art. II. For the purpose of raising money by virtue of this Order the provisions of the Local Loans Act, 1875, shah be available to the District Council and sections 236 to 238 both inclusive of the Public Health Act, 1875, shall apply to all moneys raised and borrowed on mortgage by virtue of this Order. Art. III. The moneys borrowed by virtue of this Order shall be repaid within such period not exceeding twenty years from the date of borrowing as the District Council with the sanction of the Local Government Board shall determine and the period so determined and sanctioned is hereinafter referred to as " the prescribed period " and shall 1)6 the prescribed period for the purpose of the Local Loans Act, 1875. Art. IV. — (1.) The District Council shall repay the moneys borrowed by virtue of this Order other than moneys borrowed under the provisions of the Local Loans Act, 1875 by equal annual instal- ments of principal or by equal annual instalments of principal and interest comlwned or by means of a sinking fund or partly by one of these methods and partly by another or the others of them. (2.) Subject to the provisions of x\rticle V. of this Order if the District Council determine to repay by means of a sinking fund any moneys borrowed by virtue of this Order such sinking fund shall be formed and maintained either : — (a) by payment to the fund throughout the prescribed period of such equal annual sums as will together amount to the moneys for the repayment of which the sinking fund is formed. A sinking fund so formed is herein-after called a non-accumulating sinking fund ; or (h) by payment to the fund throughout the prescribed period of such equal annual sums as with accumulations at a rate not exceeding three pounds per centum per annum will be sufficient to pay off within the prescribed period the moneys for the repay- ment of which such sinking fund is formed. A sinking fund so formed is herein-after called an accumulating sinking fund. (3.) Every sum paid to a sinking fund and in the case of an accumulating sinking fund the interest on the investments of the sinking fund shall unless applied in repayment of the loan in respect of which the sinking fund is formed be immediately invested in securities in which trustees are by law for the time being authorised to invest or in mortgages, bonds, debentures, debenture stock, stock or other securities (not being annuity certificates or securities payable to bearer) duly issued by any local authority as defined by section 34 of the Local Loans Act 1875 other than the District Council the District Council being at liberty from time to time to vary and trans- pose such investments. (4.) In the case of a non- accumulating sinking fund the interest on the investments of the fund may be applied by the District Council towards the equal annual payments to the fund. (5.) The District Council may at any time apply the whole or any part of any sinking fund in or towards the discharge of the money for the repayment of which the fund is formed. Provided that in the case of an accumulating sinking fund the District Council shall pay GO&GlVicf. Local Government Board's ch.lxvi'd. 371 Provisional Orders Confirmation {No. 2) Act, 1897. into the fund each year and accumulate durhig the residue of the prescribed period a sum equal to the interest which would have been produced by such sinking fund or part of a sinking fund so applied if invested at the rate per centum per annum on which the annual pay- ments to the sinking fund are based. (6.)— (a.) If and so often as the income of an accumulating sinkincr fund is not equal to the income which would be derived from the amount invested if the same were invested at the rate per centum per annum on which the equal annual payments to the fund are based any deficiency shall be made good by the District Council. [b.) If and so often as the income of an accumulating sinking fund is in excess of the income which would be derived from the amount invested if the same were invested at the rate per centum per annum on which the equal annual payments to the fund are based any such excess may be applied towards such equal annual payments. (7.) Any expenses connected with the formation, maintenance, investment, application, management or otherwise of any sinking fund under this Order shall be paid by the District Council in addition to the payments provided for by this Order. Art. V. — (1.) If it appears to the District Council at any time that the amount in the sinking fund with the future payments thereto in accordance with the provisions of this Order together with the accumulations thereon (in the case of an accumulating sinking fund) will probably not be sufficient to repay within the prescribed period the moneys for the repayment of which the sinking fund is formed it shall be the duty of the District Council to make such increased payments to the sinking fund as will cause the sinking fund to be sufficient for that purpose. Provided that if it appears to the Local Government Board that any such increase is necessary the District Council shall increase the payments to such extent as the Board may direct. (2.) If the District Council desire to accelerate the repayment of any loan they may increase the amounts payable to any sinking fund_ (3.) If the amount in any sinking fund witli the future payments thereto in accordance with the provisions of this Order together with the probable accumulations thereon (in the case of an accunudating sinking fund) will in the opinion of the Local Government Board be more than suflllcient to repay within the prescribed period the moneys for the repayment of which the sinking fund is formed the District Council may reduce the payments to be made to the sinking fund either temporarily or permanently to such an extent as that Board shall approve. (4.) If the amount in any sinking fund at any time together with the probable accumulations tliereon (in the case of an accunudating sinking fund) will in th(! opinion of the Local Government J3oard be sufilicient to repay the loan in respect of wliich it is formed within the prescribed period the District Council may with the consent of that Board discontinue the equal annual payments to such sinking fund until the Local Government Board shall otherwise direct. 372 GO & 61 Vict. Local Govermnent Board's ch.lxviii. Provisional Orders Confirmation {No. 2) Act, 1897. (5.) Any surplus of any sinking fund remaining after the discharge of the whole of the moneys for the repayment of which it was formed shall be applied to such purpose or purposes as the District Council with the consent of the Local Government Board may determine. Art. VI. The District Council shall except as herein-after pro- vided have powder to re-borrow for the purpose of paying off moneys borrowed or re-borrowed by virtue of this Order which have not been repaid and are intended to be forthwith repaid or in respect of any moneys which have been repaid l)y the temporary application of funds at the disposal of the District Council within twelve months before the re-borrowing and which at the time of the repayment it was intended to re-borrow : Provided that the District Council shall not have power to re- borrow for the purpose of paying off any moneys repaid by instalments or annual payments or by means of a sinkmg fund or out of moneys derived from the sale of land or out of any capital moneys properly applicable to the purpose of such repayment other than moneys borrowed for that purpose : Provided also that any moneys re-borrowed shall be deemed to form the same loan as the money for the repayment of which the re- borrowing has been made and shall be repaid within the prescribed period. Art. VII. All moneys from time to time borrow^ed by virtue of this Order shall be applied by the District Council only for the purposes for which the same are respectively authorised to be borrowed excepting that moneys which may have been borrow^ed in excess of the amount required shall be applied in such manner as the District Council with the approval of the Local Government Board determine. Art. VIII. — (1.) Any mortgagee of the District Council by virtue of this Order may enforce the payment of arrears of interest or of principal or of principal and interest by the appointment of a receiver. The amount of arrears due to such mortgagee, or in the case of a joint application by two or more mortgagees to such mortgagees collectively to authorise the appointment of a receiver shall not be less than five hundred pounds in the whole. (2.) The application for the appointment of a receiver shall be made to the High Court and the Court if it thinks fit may appoint a receiver on such terms as it thinks fit and may at any time discharge the receiver and otherwise exercise full jurisdiction over him. Art. IX. — (1.) The clerk to the District Council shall within twenty-one days after the Thirty-first day of March in each year if during the twelve months next preceding the said Thirty-first day of March any sum is required to be paid as an instalment or annual payment or to be appropriated or to be paid to a sinking fund in pursuance of the provisions of this Order or in respect of any money raised thereunder and at any other time when the Local Government Board may require such a return to be made transmit to the Local Government Board a return in such form as may from time to time be prescribed by that Board and if required by that 60 & 61 Vicf. Local Government BoarcVs cli.hviil. 373 ProviHional Ordeysi Goufirmatioii (No. 2) Act, 1897. Board verified by statutory declaration of such clerk showing for the year next preceding the making of such return or for such other period as the Board may prescribe, the amounts which have been paid as instalments or annual payments and the amounts which have been appropriated and the amounts which have been paid to or invested or applied for the purpose of the sinking fund and the description of the securities upon which any investment has been made and the purposes to which any portion of the sinking fund or investment or of the sums accumulated by way of compound interest has been applied during the same period and the total amount (if any) remaining invested at the end of the year and in the event of his failing to make such return the said clerk shall for each offence be liable to a penalty not exceeding twenty pounds to be recovered by action on behalf of the Crown in the High Court and notwithstanding the recovery of such penalty the making of the return shall be enforceable by writ of mandamus to be obtained by the Local Government Board out of the High Court. (2.) If it appears to the Local Government Board by that return or otherwise that the District Council have failed to pay any instalment or annual payment required to be paid or to appropriate any sum required to be appropriated or to set apart any sum required for any sinking fund (whether such instalment or annual payment or sum is required by this Order or by the Local Government Board in virtue thereof to be paid appropriated or set apart) or have applied any portion of any sinking fund to any purpose other than those authorised the Local Government Board may by Order direct that the sum in such Order mentioned not exceeding double the amount in respect of which default has been made shall be paid or applied as in such Order mentioned and any such Order shall be enforceable by writ of mandamus to be obtained by the Local Government Board out of the High Court. Art. X. Where the Local Government Board cause any local inquiry to be held with reference to any of the purposes of this Order the costs incurred by that Board in relation to such inquiry (including such reasonable sum not exceeding three guineas a day as that Board may determine for the services of any inspector or officer of the Board engaged in such inquiry) shall be paid by the District Council and the Local Government Board may certify the amount of the costs so incurred and any sum so certified and directed by that Board to be paid by the District Council shall be a debt due to the Crown from the District Council. Art. XL This Order mav be cited as the Wallasey Orde^r Ls'J?, and the Wallasey Orders 1852 to 1896, the Wallasey Order 1895, and this Order may be cited together as the Wallasey Orders 1852 to 1897. Given under the Seal of Office of the Local Government Board this Eighth day of April, One thousand eight hundred and ninety-seven. Henky Ciiaplin, President. Hugh Owen, Secretary. 374 61 Vict. Session 1898. cli. xxxU. Sec. 1-2 Local Government Board's Provisional Orders Confirmation (No. 2) Act, 1898. {Confirming the Wallasey Order, 1898.) AN act to confirm certain Provisional Orders of the Local Government Board relating to Eastbourne, Oswald- twistle, Oswestry and Wallasey, and to the Oakwell and Staines Joint Hospital Districts. 23rd May, 1898. 38 & 39 Vict. WHEREAS the Local Government Board have made the Provisional c. 55. Orders set forth in the schedule hereto under the provisions of the Pubhc Health Act, 1875 : And whereas it is requisite that the said Orders should be confirmed by Parliament : Be it therefore enacted by the Queen's most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows : — Orders in ]__ The Orders set out in the schedule hereto shall be and the schedule same are hereby confirmed and all the provisions thereof shall have confirmed. r ii t--,-. i r luU validity and lorce. Short title. 2. This Act may be cited as the Local Government Board's Provisional Orders Confirmation (No. 2) Act 1898. [The Orders omitted relate to Districts other than Wallasey.] 61 Vict. Local Government Board's cli. xxxii. 375 Provisional Orders Confirmation (No. 2) Act, 1898. THE WALLASEY OKDER, 1898. URBAN DISTRICT OF WALLASEY. Provisional Order for altering a Confirming Act. To the Urban District Council of Wallasey : — And to all others whom it may concern. Whereas the Urban District Council of Wallasey (herein-after referred to as " the District Council ") are the local authority within the meaning of the Public Health Act, 1875, for the Urban District of Wallasey (herein-after referred to as " the District ") ; And whereas the unrepealed provisions of the Wallasey 21 & 22 Vict. Improvement Act 1858, the Wallasey Improvement Act 1861, and c- Ixiii. the Wallasey Improvement Act 1867 (each of which Acts is herein- 30&31 vict" after referred to as the Act of the year in which it was passed), as c. cxxxii. altered by the Wallasey Order ('No. 1) 1877, which was confirmed by the Local Government Board's Provisional Orders Confirmation ^q ^ 41 yict. (Caistor Union &c.) Act 1877, by the Wallasey Order 1883, which c. ccxxvii. was confirmed by the Local Government Board's Provisional Orders 46 & 47 Vict. Confirmation (No. 7) Act 1883, by the Wallasey Order 1892, which ""■ cxxxvu. was confirmed by the Local Government Board's Provisional Orders Confirmation (No. 12) Act 1892, by the Wallasey Order 1896, which f ^'^^^^^iy'"'*- was confirmed by the Local Government Board's Provisional Orders 59 yict. Confirmation (No. 4) Act 1896 (each of which Provisional Orders and c. xxix. Confirming Acts is herein-after referred to as the Order of the year in which it was made or the Confirming x\ct of tlie year in whicb it was passed as the case may be) and by certain other Local Acts and Provisional Orders which do not afl'ect the subject-matter of tliis Order are in force in the District ; And whereas by Section 60 of the Act of 1858, Section 3 of the Act of 1861, Section 30 of the Act of 1867, Article 11. of tbe Order of 1877, and Article I. of the Order of 1883, the Wallasey Local Board wei'e empowered to borrow for the purposes of their gas undertaking sums amounting in the whole to the sum of eighty-live thousand pounds ; And whereas by subdivision (1) of Article II. of the Order of 1892, the Act of 1867, and the Confirming Acts of 1877 and 1883, so far as they respectively related to the Orders of 1877 and 1883, were altered so as to enable tlic Local Board, with the sanction of the Local Government Board, and subject to the provisions of the Order of 1892, to borrow on the security of the " Wallasey Lighting Account," as mentioned in the Act of 1858, and of the district fund 376 61 Vict. Local Government Board's cli. xxxii. Provisional Orders Confirmation (No. 2) Act, 1898. and general district rates of the district or upon any such securities^ such sum or sums as they might from time to time think necessary for the purposes of their gas undertaking not exceeding in the whole the sum of fifty thousand pounds in addition to the said sum of eighty- five thousand pounds ; And whereas by Article I. of the Order of 1896 the Confirming Act of 1892 was altered by the insertion in subdivision (1) of Article II. of the order of 1892 of the words "seventy-two thousand pounds" in lieu of the words " fifty thousand pounds " : 38 & 39 Vict. Now therefore We the Local Government Board in piu'suance of '^- 55. the powers given to Us by Section 297 of the Public Health Act 1875 and by any other Statutes in that behalf do hereby order that from and after the date of the Act of Parliament confirming this Order the following provisions shall take effect : — Art. I. The Confirming Act of 1892 as altered by Article I. of the Order of 1896 shall be further altered by the insertion in subdivision (1) of Article II. of the order of 1892 of the words " one hundred and twelve thousand pounds" in lieu of the words "seventy-two thousand pounds." Art. II. This Order may be cited as the Wallasey Order 1898, and the Wallasey Orders 1852 to 1897, and this Order may be cited together as the Wallasey Orders 1852 to 1898. Given under the Seal of Office of the Local Government Board this Second day of February, One thousand eight hundred and ninety-eight. Henry Chaplin, President. S. B. Pkovis, Assistant Secretary. 62 & 63 Vict. Session 1899. ■It. XV. 377 WALLASEY TRAMWAYS AND IMPROVEMENTS ACT, 1899. {62 cC- 63 Vict. ch. 15.) AERANGEMENT OP SECTIONS. Preamble. Short title ... Incorporation of Acts Interpretation of terms Execution of Act . . . Preliminary. SECTION. 1 2 3 4 Lands. Power to take lands Correction of errors in deposited plans and book of reference Period for compulsory purchase of lands Owners may be required to sell parts only of certain lands and buildings... ... • Matters to be taken into account by arbitrators Persons under disability may grant easements Power to purchase additional lands by agreement As to houses of labouring class ... Power to retain, sell, &c., lands ... Proceeds of sale of surplus lands Saving rights of the Crown Tramways. Power to make Tramways For protection of certain owners in Seabank Eoad Inspection by Board of Trade Tramways to be kept on level of surface of road Plan of proposed mode of construction Gauge of tramways Rails of tramways... Penalty for not maintaining rails and roads . . . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 378 62 & 63 Vict. Wallasey Traniwai/s and Improvements Act, 1899. Additional crossings Alteration of tramways ... Temporary tramways may be made where necessary . Application of road materials excavated in construction of works Period for completion of works ... Bates for passengers Passengers' luggage ... Bates for goods Council not bound to carry animals and goods As to fares on Sundays or holidays Cheap fares for labouring classes Periodical revision of rates and charges Amendment of the Tramways Act, 1870, as local authority Motive power Alteration of tramways and construction of electric works Special provisions as to use of electrical power For the protection of the Postmaster-General ... to byelaws by Mechanical power works to be subject to section 30 Tramways x\ct, 1870 Byelaws Power to work tramways Eegulations Existing tramways not to be interfered with until acquired Bepeal of certain provisions of Tramway Acts ... Power to acquire patent rights ... Application of Conveyance of Mails Act, 1893... For the protection of the Wirral Bailway Company . . . Street Impkovements. Power to make street w^orks As to removal of human remains Period for completion of works . Deviation ... Subsidiary works ... Promenades. Power to construct promenades .. . Application of provisions of Act of 1896 as to promenade For protection of the Mersey Conservancy Commissioners For protection of John Edward Bayner For the protection of the New Brighton Pier Company ch. XI), SECTION. 24 of 62 & 63 Vict. Wailaseij Tramways and Improvements Act, 1899. C/l. XV. 379 Miscellaneous. Power to borrow ... Periods for repayment of money borrowed Application of financial provisions of Act of 1896 Application of revenue of tramway undertaking and deficiency of receipts Power to supply electric fittings... Byelaws with respect to electric fittings Altering the date for filling up annual accounts for electric lighting Authentication and service of notices ... Orders, &c., of the Board of Trade Eecovery of penalties Incorporation of s. 265 of Public Health Act, 1875 ... Costs of Act Schedules. SECTION. 60 61 62 63 64 65 66 67 68 69 70 71 380 62 & 63 F/ci^. Wallasey Tramivaijs and cli. xv. Improvements Act, 1899. AN ACT to authorise the Wallasey Urban District Council to construct Tramways Street Improvements and Promenades and for other purposes. June 6th, 1899. WHEEEAS the urban district of Wallasey, in the county of Chester is under the government of the Wallasey Urban District Council (in this Act called " the Council ") : And whereas by the Wallasey Tramways Act, 1878 the Wallasey Tramways Company were incorporated and empowered to construct the tramways therein described in the parish of Wallasey, and by the Wallasey Tramways Act, 1886 further provision was made in regard to their undertaking : And whereas by section 43 of the Tramways Act, 1870 which is incorporated with the said Act of 1878 the council are empowered within six months after the expiration of the period of twenty-one years from the passing of the last mentioned Act with the approval of the Board of Trade to purchase the undertaking authorised by that Act: And whereas it is expedient to empower the Council to construct and maintain the additional tramways in this Act described to work such tramways and the existing tramways when purchased by them and to make further provision in regard to the tramways of the district : And whereas it is expedient to empower the Council to construct the street improvements and new street authorised by this Act : And whereas by the Wallasey Urban District Council (Promenade) Act, 1896 the Council were empowered to construct the promenade and embankment or river wall therein described, and it is expedient to empower them to construct further promenades in extension thereof : And whereas by the Wallasey Electric Lighting Order, 1897 the Council were empowered to supply electrical energy for public and private purposes within the district, and it is expedient to make further provision in regard to their electric lighting undertaking : And whereas it is expedient that the borrowing powers of the Council be extended ; 62 & 63 Vict. Wallasey Tramways and ch. xv. Improvements Act, 1899. And whereas the purposes of this Act cannot be effected without the authority of Parhament. And whereas estimates have been prepared by the Council for the purchase of lands for and the execution of the various works authorised by this Act and such estimates are as follows : — - £ For the construction of the tramways authorised by this Act the re-construction of the existing tramways adapting the trau:iways for working by mechanical power and the provision of plant 87,000 For the purchase of lands for and the construction of the street improvements and new street authorised by this Act .. . ... ... ... 92,000 For the purchase of the land for and the con- struction of the promenades authorised by this Act 90,000 And whereas the several works included in such estimates respectively are permanent works within the meaiiing of section 234 of the Public Health Act, 1875. And whereas an absolute majority of the whole number of the Council, at a meeting held on the nineteenth day of October, one thousand eight hundred and ninety-eight, after ten clear days' notice by public advertisement of such meeting and of the purpose thereof in the Wallasey and Wirral Chronicle, a local newspaper published and circulating in the district, such notice being in addition to the ordinary notices required for summoning such meeting, resolved that the expense in relation to promoting the Bill for this Act should be charged on the district fund and general district rate : And whereas such resolution was published twice in the said Wallasey and Wirral Chronicle, and has received the approval of the Local Government Board : And whereas the propriety of the promotion of the Bill for this Act was confirmed by an absolute majoritj' of the whole number of the Council at a further special meeting, held in pursuance of a similar notice on the eleventh day of January, one thousand eight hundred and ninety-nine, being not less than fourteen days after the deposit of the bill for this Act in Parliament : And whereas the owners and ratepayers of the district by resolution in the maimer provided in the third schedule of the Public Health Act, 1875, consented to the promotion of the Bill for this Act : And whereas plans and sections showing the lines and levels of the works authorised by this Act, and also a book of reference containing the names of the owners and lessees or reputed owners and lessees and of the occupiers of the lands required or which may be taken for the purposes or under the powers of this Act were duly deposited with the clerk of tlie peace for the county of Chester, and are in this Act respectively referred to as the deposited plans, sections, and book of reference. 382 Sec. 1—6 62 & 63 Vict. Wallasey Tramioays and Improvements Act, 1899. cli. XV. Short title. Incorpora- tion of Acts. Interpreta- tion of terms. Execution of Act. Power to take lands. Correction of errors in deposited plans and book of reference. MAY IT THEEEFOEE PLEASE YOUE MAJESTY That it may be enacted and he it enacted hy the Queen's Most Excellent Majesty by and with the advice and consent of the Lords Spiritual and Temporal and Commons in this present Parliament assembled and by the authority of the same as follows (that is to say) :— Preliminary. 1. This Act may be cited as the Wallasey Tramways and Improvements Act 1899. 2. The following Acts and parts of Acts so far as they are applicable for the purposes and are not inconsistent with the provisions of this Act are hereby incorporated with and form part of this Act namely : — The Lands Clauses Acts (except section 127 of the Lands Clauses Consolidation Act, 1845) ; Section 3 (interpretation of terms) section 19 (local authority may lease or take tolls) and parts II and III of the Tramways Act, 1870. 3. Ill this Act the several words and expressions to which meanings are assigned by the Acts wholly or partially incorporated herewith have the same respective meanings, unless there be something in the subject or context repugnant to such construction, and in this Act unless the subject or context otherwise requires : — " The Council" means the Wallasey Urban District Council; " The district " means the urban district of Wallasey ; " The Act of 1878," " the Act of 1886," and the " Act of 1896" mean respectively the Wallasey Tramways Act, 1878, the Wallasey Tramways Act, 1886, and the Wallasey Urban District Council (Promenade) Act, 1896 ; "The tramways" means the tramways authorised by the Act of 1878, when they shall have been acquired by the Council, and the tramways authorised by this Act ; "Mechanical power" includes steam, electric, and every other motive power not being animal power ; "Engine" includes motor. 4. This Act shall be carried into execution by the Council. Lands. 5. Subject to the provisions and for the purposes of this Act the Council may enter on, take, and use all or any of the lands delineated on the deposited plans and described in the deposited book of reference. 6. If there be any omission, mis-statement or wrong descrip- tion of any lands, or of the owners, lessees or occupiers of any lands shown on the deposited plans or specified in the deposited book of 62 & 63 Vict. Wallasey Tramways and ch. xv. 383 Improvements Act, 1899. reference the Council after giving ten days' notice to the owners, Sec. 7 — 8 lessees and occupiers of the lands in question may apply to two justices acting for the county of Chester for the correction thereof, and if it appear to the justices that the omission, mis-statement or wrong description arose from mistake they shall certify the same accordingly and they shall in their certificate state the particulars of the omission and in what respect any such matter is mis-stated or wrongly described and such certificate shall be deposited with the clerk of the peace for the county of Chester and a duplicate thereof shall also be deposited with the clerk to the Council and such certificate and duplicate respectively shall be kept by such clerk of the peace and clerk to the Council respectively with the other docu- ments to which the same relate and thereupon the deposited plans and book of reference shall be deemed to be corrected according to such certificate and it shall be lawful for the Council to take the lands and execute the works in accordance with such certificate. 7. The powers of the Council for the compulsory purchase of Period for lands under this Act shall not be exercised after the expiration of five c'oi"Pul«ory r , 1 • r ii • \ . purchase of j'ears trom the passmg ot this Act. lands 8. (1-) And whereas in the construction of the works by this Act Owners may authorised or otherwise in the exercise by the Council of the powers ^^ I'equired of this Act it may happen that portions only of certain properties ^^^^y of^^ ^ shown or partly shown on the deposited plans will be sufficient for certain the purposes of the Council and that such portions or some other lands and portions less than the whole can be severed from the remainder of buildings. the said properties without material detriment thereto, therefore the following provisions shall have effect : — ■ (a) The owner of and persons interested in any of the properties whereof the whole or part is desciibed in the first schedule and whereof a portion only is required for the purposes of the Council or each or any of them are hereinafter included in the term " the owner" and the said properties are here- inafter referred to as " the scheduled properties " ; (h) If for twenty-one days after the service of notice to treat in respect of a specified portion of any of the scheduled properties the owner sliall fail to notify in writing to the Council that he alleges that such portion cannot be severed from the remainder of the property without material detriment thereto he may be required to sell and convey to the Council such portion only without the Council l)eing obliged or compellable to purchase tlie whole th(> Council paying for the portion so taken and making compensation for any damage sustained by the owner by severance or otherwise ; (c) If within such tweuty-one days the owner shall by notice in writing to the Council allege that such portion cannot be so severed the jury arbitrators or other authority to whom the question of disputed compensation shall be submitted (in this section referred to as "the tribunal") sliall in addition to the other questions required to be determined by them determine; whether the portion of the scheduled property specified 384 62 & 63 Vict. Wallasey Tramways and ch. xv. Tni'provements Act, 1899. Sec. 8 in the notice to treat can be severed from the remainder without material detriment thereto, and if not whether any and what other portion less than the whole (but not exceeding the portion over which the Council have compulsory powers of purchase) can be so severed ; {d) 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 required to sell and convey to the Council the portion which the tribunal shall have determined to be so severable without the Council being obliged or compellable to purchase the whole the Council 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 ; [e) 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 its absolute discretion determine and order that the costs charges and expenses incurred by the owner incident to the arbitration or inquiry shall be borne and paid hy the owaier ; (/') 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 Council 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 ; {(j) 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 other such portion as aforesaid can be so severed the Council in case they shall not withdraw the notice to treat shall pay to the owmer all costs charges and expenses reasonably and properly incurred by him in consequence of such notice or such portion thei'eof as the tribunal shall having regard to the circumstances of the case and their final determination think fit. (2.) The provisions of this section shall be in force notwith- standing anything in the Lands Clauses Consolidation Act, 1845, contained and nothing contained in or done under this section shall be held as determining, or as being or implying an admission that any of the scheduled properties or any part thereof, is or is not or but for this section would or would not be sul)ject to the provisions of section 92 of the Lands Clauses Consolidation Act, 1845. (3.) The provisions of this section shall be stated in every notice given thereunder to sell and convey any premises. 62 & 63 Vict. Wallasey Tramways and ch. xv. 385 Improvements Act. 1899. ^ ' Sec. 9—12 9. In determining any question of disputed compensation to be Matters to be paid by tlie Council for the acquisition of any land required for the taken into construction of either of the promenades authorised by this Act the arbitrators. jury arliitrators or other authority to whom the question shall be referred, shall take into account any public rights of way or other rights over or on the lands to be acquired, and any permanent increase in value of any lands fronting or abutting upon the proposed promenade and retained by or belonging to the person claiming compensation which in the opinion of such authority will result from or be caused by the construction of the promenade, and generally all the other circumstances of the case which it is equitable to consider. 10. Persons empowered by the Lands Clauses Acts to sell and Persons convey or release lands may if they think fit subject to the provisions ^""^^':" . of those Acts and of this Act grant to the Council any easement "^'^^ 'l^^, right or privilege (not being an easement riglit or privilege easements. 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. 1 1 . The Council in addition to any other lands which they are Power to by this Act authorised to acquire, may by agreement purchase, take '^i^u-^^'; , on lease, acquire and hold for the purposes of this iVct, any lands not j^nds by exceeding in the whole five acres, and with the consent of the Local agreement. Government Board may appropriate to such purposes lands vested in the Council and not wanted for the purposes for which they were acquired : Provided that the Council shall not create or permit the creation or continuance of any nuisance on any lands acquired or appropriated in pursuance of this section, nor erect any buildings thereon except for the purposes of this Act. 12. (L) The Council shall not under the powers of this Act As to houses purchase or acquire ten or more houses which on the fifteenth day of °| labourmg December last were occupied either wholly or partially by persons belonging to the labouring class as tenants or lodgers, or except with the consent of the Local Government Board ten or moi'e houses which were not so occupied on the said fifteenth day of December, but have been oi" shall be subsequently so occupied. (2.) If the Council acquire or appi'0))riate any house or houses under the powers by this Act giunted in contfavention of the pro- visions of this section, they shall be liable to a penalty of five hundred pounds in respect of every such house, w'hich penalty shall be recoveral)le 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 lit reduce such penalty. (3.) For the purposes of this section the expression " lal')ouring class " means mechanics, artisans, labourers and others working for wages, hawkers, costermongers, persons not working for wages, but BB 386 Sec. 13 62 & 63 Vict. Wallasey Tramways and Imjyrovements Act, 1899. ch. XV, Power to retain sell &c. lands. lands. -16 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 shilhngs a week and the famihes of any of such persons who may be residing with them. 13. Notwithstanding anything in the Lands Clauses Acts or in any other Act or Acts to the contrary, the Council may retain hold and use for such time as they may think fit or may sell, lease, exchange or otherwise dispose of in such manner and for such consideration and purpose and on such terms and conditions as they may think fit and in case of sale either in consideration of the execution of works or of the payment of a gross sum or of an annual rent or of any payment in any other form any lands or any interest therein acquired by them under this Act, and may sell, exchange or dispose of any rents reserved on the sale, exchange, lease or disposition of such lands, and may make, do and execute any deed, act or thing proper for effectuating any such sale, lease, exchojiige or other disposition, and on any exchange may give or take any money for equality of exchange. Proceeds of 14. So long as any lands remain to be acquired by the Council sale of surplus under the authority of this Act, they may so far as they consider necessary, apply any capital moneys received by them on resale or excliange or by leasing as aforesaid in the purchase of lands so remaining to be acquired but as to capital moneys so received and not so applied the Council shall apply the same in or towards the extinguishment of any loan raised by them under the powers of this Act, and such application shall l^e in addition to and not in substitu- tion for any other mode of extinguishment by this Act provided, except to such extent and upon such terms as may be approved by the Local Government Board : Provided that the amount to be applied in the purchase of land under this section shall not exceed the amount for the time being unexhausted of the borrowing powers conferred by this Act : Provided further that the borrowing powers by this Act authorised shall be reduced to the extent of the amount applied in the purchase of lands under the provisions of this section. Saving rights 15_ Nothing contained in this Act shall authorise the Council to of the Crown. \^q^q -Qse or in any manner interfere 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 management of the Commissioners of Woods without the consent in writing of the Commissioners of Woods on behalf of Her Majesty first had and obtained for that purpose (which consent such Commissioners are hereby authorised to give) neither shall anything in this Act contained 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. Power to make tramways. Team WAYS. 16. Subject to the provisions of this Act the Council may make form lay down use and maintain the tramways hereinafter described in the lines and according to the levels shown on the deposited plans and sections and in all respects in accordance with those plans and 62 & 63 Vict. Wallasey Tramways and ch. xv. 387 Improvements Act, 1899. sections with all proper rails, plates, junctions, turntables, turnouts, Sec. 16 crossings, passing-places, posts, poles, brackets, wires, waiting-rooms, stables, carriage-houses, sheds, buildings, engines, works, and con- veniences connected therewith. The tramways hereinbefore referred to and authorised by this Act will be situate within the district and are as follows :— Tramway No. 1 (2 miles 5 furlongs 5-2 chains in length, whereof 2 miles 1 furlong 5-1 chains will be single line and 4 furlongs 0-1 chain will be double line) commencing on the north side of Victoria Place, Seacombe, passing along Victoria Place, Church Road, Brighton Street, King Street, Trafalgar Road, Seabank Road, Rowson Street, and Victoria Road, New Brighton, and terminating in the last-named road. Tramway No. 2 (2 miles 4 furlongs 8-2 chains in length, whereof 1 mile 5 furlongs 3-8 chains will be single line and 7 furlongs 4-4 chains will be double line) commencing in Church Road by a junction with Tramway No. 1 passing along Church Road, St. Paul's Road, Wheatland Lane, intended new road between Wheatland Lane and LiscardRoad, in continuation of Wheatland Lane, Liscard Road, Liscard Village, Rake Lane, Mount Pleasant Road, Upper Brighton, and Rowson Street, and terminating in the last-named street by a junction with Tramway No. 1. Tramway No. 3 (1 mile 7 furlongs 5-9 chains in length, whereof 1 mile 3 furlongs 1-8 chains will be single line and 4 furlongs 4-1 chains will be double hne) commencing in LiscardRoad by a junction with Tramway No. 2 passing along Liscard Road, Seaview Road, Hose Side Road, Grove Road, Warren Drive, and Victoria Road, New Brighton, and terminating in the last-named road by a junction with Tramway No. 1. Tramway No. 4 (single line 3 furlongs 2-3 chains in length) com- mencing on the north side of Victoria Place by a junction with Tramway No. 1, passing along Victoria Place, Victoria Road, Seacombe, Demesne Street, Brougham Road, and Brighton Street, and terminating in the last-named street by a junction with Tramway No. 1. Tramway No. 5 (single line 2 furlongs 4-5 chains in length) com- mencing in Jirigliton Street by a junction with Ti-amway No. 1 passing along Brighton Street, Church Street, and Liscard Road, and terminating in the last-named road by a junction with Tramway No. 2. Tramway No. G (single line 3 furlongs 1-7 chains in length) com- mencing in Victoria Road, New Brighton, by a junction with Tramway No. 1 passing along Victoria Road, New Brighton, Virginia Road, Waterloo Road, Wellington Road, and Rowson Str(!ct, and tei-minating in the last-named street l)y a junction with Tramway No. 1. Tramway No. l.\ (single line 8-5 chains in length) connnencing in Church Road by a junction with Tramway No 1 passing 388 62 & 63 Vict. Wallasey Tramways and ch. xv. hyiprovements Act^ 1899. Sec. 17 along Church Eoad and Victoria Place, and terminating on the north side of Victoria Place, Seacombe, l^y a junction with Tramway No. 1. Tramway No. 3a (single line 09 chain in length) commencing in Seaview Eoad by a junction witli Tramway No. 8 passing along Seaview Eoad and terminating at the western boundary of that road. Tramway No. 3b (single line 0-9 chain in length) commencing in Seaview Eoad by a junction with Tramway No. 3 passing along Seaview Eoad and terminating at the western boundary of that road. Tramway No. 6a (single line 1-4 chains in length) commencing in Eowson Street by a junction with Tramway No. 6 passing along Eowson Street and Victoria Eoad, New Brighton and terminating in the last-named road by a junction with Tramway No. 3 at a point 0-5 chain west from the west side of Eowson Street. For protec- ]_Y_ Notwithstanding anything shown upon the deposited plans tion of certain g^j^j sections the following provisions for the benefit and protection of Seabank ^^^'^ owners of lands and property abutting upon Seabank Eoad shall Road. ^PPb' (tiiat is to say) : — (1.) So much of Tramway No. 1 authorised l^y this Act as will be situate between the points marked respectively A and B on the plan signed in triplicate by Sir Lewis M'lver, Baronet, the Chairman of the Committee of the House of Commons to whom the Bill for this Act was referred shall not be constructed as double line unless and until the road shall have been widened on the easterly side thereof so that a space of not less than 9 feet 6 inches shall intervene between the outside of the footpath on that side of the road and the nearest rail of the tramway. (2.) Provided that the restriction contained in sub-section (1) of this section shall not apply unless the owners of and other persons interested in the land required for widening the road shall agree with the Council to convey such land to them at such prices as may be agreed upon or as in default of agreement may be determined by arbitration under the Ai'bitration Act 1889. (3.) So much of the said tramway No. 1 as will be situate between the points marked respectively B and C on the plan signed as aforesaid shall be laid as single line in such a situation that a space of not less than 9 feet 6 inches will intervene between the outside of the footpath on each side of the road and the nearest rail of the tramway. (4.) The plans signed as aforesaid shall respectively within six months after the passing of this Act be deposited in the Parliament Office of the House of Lords the Private Bill Office of the House of Commons and with the clerk to the Council. 62 &6S Vict. Wallasey Tramwaijs and cli. xv. 389 Iiiinrovemeiits Act, 1899. Sec. 18— 23 18. The tramways authorised by this Act shall not be opened for Inspection by public ti'affic until they have been inspected and certified to be fit for Board of such traffic by the Board of Trade. '^''''^''• 19. If and whenever after the passing of this x\ct any road Tramways to authority alters the level of any road along or across which any part |'®,^^fl^* °" of the tramways is laid or authorised to he laid the Council may and g^^^.f^ce of shall alter or (as the case may be) lay their rails so that the upper- road, most surface thereof shall be on a level with the surface of the road as altered. 20. In addition to the i-equirements of section 26 of the Tram- Plan of pro- ways Act 1870 the Council shall before they open or break up any PO''*^^\™o'!^^o^ road for the purpose of constructing, laying down, maintaining and renewing any of the tramways, lay before the Board of Trade a plan showing the proposed mode of constructing, laying down, maintaining and renewing such tramways and a statement of the materials intended to be used therein and the Council shall not commence the construction, laying down, maintenance and renewal of any of the tramways or part of any of the tramways respectively 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. 21. (!•) The tramways authorised by this Act sliall be constructed Gauge of on a gauge of four feet and eight and a-half inches or such other tramways, gauge as may from time to time be determined by the Council witli the assent of the Board of Trade and the Council may alter the gauge of the existing tramways when acquired by them to such gauge as they may w^ith the assent of the Board of Trade determine : Provided that when the gauge is less than 4 feet 8^ inches so much of section 34 of the Tramways Act, 1870 as limits the extent of the carriages used on any tramways beyond the outer edge of the wheels of such carriages shall not apply to carriages used on the tramways but no engine or carriage used on the tramways shall exceed six feet six inches in width or such other width as may from time to time be prescribed by the Board of Trade. (2.) No carriages or trucks adapted for use upon railways shall be used upon the tramways. 22. The rails of the tramways shall be such as the Board of Rails of Trade may approve. tramways. 23. (1-) The Council shall at all times maintain and keep in good Tcnalty for condition and repair and so as not to be a danger or annoyance to the "o* P'^'"- ordinary traflic the rails of the tramways and the sub-structure upon ^nd roadr ^ which the same rest and if the Council at any time fail to comply ' with this provision or with the provisions of section 28 of the Tram- ways Act, 1870, they shall be subject to a penalty not exceeding five pounds and to a further penalty not exceeding five pounds for every day on which such non-compliance continues after conviction thereof. (2.) In case it is represented in writing to the Board of Ti'adc by twenty inhabitant ratepayers of the district that the Council have made default in complying with the provisions in this section con- 390 62 &6S Vict. Wallasey Tramways and hnprovements Act, 1899. ch. XV. Sec. 24 — 27 tainecl or with any of the requirements of section 28 of the Tramways Act, 1870, the Board of Trade may if they think fit direct an inspec- tion by an officer to be appointed by the said Board and if such officer 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 Council to such penalty or penalties in respect thereof as is or are by this section imposed. Additional crossings. Alteration of tramwavs. 24. The Council may subject to the provisions of this x\ct make, maintain, alter and remove such crossings, passing-places, sidings, junctions and other works in addition to those particularly specified in and authorised by this Act as they find necessary or con- venient for the efficient working of the tramways or for providing access to any warehouses, stables or carriage-houses or works of the Council : Provided that in the construction of any such works no rail shall be so laid that a less space than nine feet six inches shall intervene between it and the outside of the footpath on either side of the road if one- third of the owners or one-third of the occupiers of the premises abutting on the place where such less space shall intervene shall by writing under their hands addressed and delivered to the Council within three weeks after receiving from the Council notice in writing of their intention express their objection thereto. 25. The Council may with the consent of the Board of Trade lay down double lines in lieu of single lines or single lines in lieu of doulile lines or interlacing lines in lieu of double or single lines on any of the tramways, and if at any time after the construction of any of the tramways the road in which the same or any part thereof is laid has iDeen or shall be altered or widened the Council may take up and remove such tramway or part thereof, and reconstruct the same in such position as they may think fit : Provided that in the exercise of the power's of this section no rail shall be so laid that a less space than nine feet six inches shall intervene between it and the outside of the footpath on either side of the road if one-third of the owners or one- third of the occupiers of the premises abutting on the place where such less space shall intervene shall by writing mider their hands addressed and delivered to the Council within three weeks after receiving from the Council notice in writing of their intention express their objection thereto. Temporary 26. Where by reason of the execution of any work affecting the tramways surface or soil of any road along which any of the tramways is laid where*^ ^^ ^ ^* ^^ ^^^ ^^^ opinion of the Council necessary or expedient temporarily necessary. to remove or discontinue the use of such tramway or any part thereof the Council may 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. Application 27. Any paving metalling or material excavated by the Council °^ "^i^^ i^ ^^^6 construction of any works undei" the authority of this Act excavated in ^^^^^^^ ^^^Y road under their jurisdiction or control shall absolutely construction vest in and belong to the Council and may be dealt with removed of works. and disposed of by them in such manner as they may think fit. 62&63F/c^. Wallasey Tramways and ch. xv. 391 Improvements Act, 1899. ^ ' Sec. 28— 35 28. The tramways specified in and authorised by this Act shall Period for ])e completed within seven years from the passing of this Act and on °f"y^^j^*g°^^ the expiration of that period the powers by this Act granted to the Council for executing the same or otherwise in relation thereto shall cease except as to so much thereof as shall then be completed. 29. The Council may demand and take for every passenger Rates for travelling upon the tramways or any part or parts thereof including passengers, every expense incidental to such conveyance, any rates or charges not exceeding one penny per mile, and in computing the said rates and charges the fraction of a mile shall be deemed a mile, but in no case shall the Council be bound to charge a less sum than two-pence. 30. Every passenger travelling upon the tramways may take Passengers' with him his personal luggage not exceeding twenty-eight pounds in luggage, weight without any charge being made for the carriage thereof, pro- vided that such luggage be carried by hand and at the responsibihty of the passenger and do not occupy any part of a seat nor be of a form or description to annoy or inconvenience other passengers. 31. The Council may demand and take in respect of animals Rates for goods and parcels conveyed Ijy them on the tramways, including goods, every expense incidental to the conveyance, any rates or charges not exceeding those specified in the second schedule to this Act, subject to the regulations in that behalf therein contained. 32. The Council shall not be bound, unless they think fit, to Council iiot carry on the tramways any goods, animals or other things other bound to than passengers and passengers' luggage under and subject to ^^e ^^'^^g™^™^ ^ foregoing provisions of this Act. 33. The Council shall not take or demand on Sunday or any As to fares on public holiday any higher tolls or charges than those levied by them ^'^^J?^'^^''^ °^' on ordinary week days. 34. The Council at all times after the opening of the tramways Cheap fares for public traffic shall, and they are hereby required to, run at least for labouring two carriages each way every morning in the week and every classes, evening in the week (Sundays, Christmas Day and Good Friday always excepted) at such hours not being later than seven in the morning nor earlier than six in the evening respectively as the Council think most convenient for artizans, mechanics and daily labourers at fares not exceeding one halfpenny per mile (the Council nevertheless not being required to take any fare less than one penny) : Provided that in case of any complaint made to the Board of Trade of the hours appointed by the Council for the running of such carriages the said Board shall have power to fix and regulate the same. 35. If at any time after three years from the opening for public Periodical traific of the tramways or any portion thereof or after three years ^vision of from the date of any order made in pursuance of this section in ^'^^^^^f '2" respect of the tramways or any portion thereof, it is represented in writing to the Board of Trade by twenty inhabitant ratepayers of the district or by the Council, that under the circumstances then existing all or any of the rates and charges demanded and taken in respect of the traffic on the tramways or on such portion should be revised. 392 62 ct 63 F^c^. Wallasey Tramways and cJi. xv. Imjnovements Act, 1899. Sec. 36 — 37 the Board of Trade may (if they think fit) direct an enquiry by a referee to be appointed by the said Board in accordance with the provisions of the Tramways Act, 1870, and if the referee reports that it has been proved to his satisfaction that all or any of the rates and charges sliould be revised, tlie said Board may make an order in w^'iting altering, modifying, reducing or increasing all or any of the rates and charges to be demanded and taken in respect of the traffic on the tramways or on such portion of the tramways in such manner as they think fit, and thenceforth such order shall be observed until the same is revoked or modified by an order of the Board of Trade made in pursuance of this section : Provided always that the rates and. charges prescribed by any such order shall not exceed in amount the rates and charges authorised by this iVct. Amenciment 36. The provisions of the Tramways Act, 1870, relating to the of the Tram- making of byelaws by the local authority with respect to the rate of ^^)^ \ speed to be observed in travelling on the tramways, shall not authorise byelaws by *^^ local authority to make any byelaws sanctioning a higher rate of local speed than that authorised by the Board of Trade regulations, at which authority. carriages are to be driven or propelled on the tramways under the authority of this Act, but the byelaws of the local authority may restrict the rate of speed to a lower rate than that so authorised. Motive power. 37. The carriages used on the tramways may be moved by animal power or subject to the following provisions by mechanical power, that is to say : — - (1.) The mechanical power shall not be used except with the consent of and according to a system approved by the Board of Trade ; (2) The Board of Trade shall make regulations (in this Act referred to as "the Board of Trade regulations") for securing to the public all reasonable protection against danger arising from the use under this Act of mechanical power on the tramways and for regulating the use of electrical power ; (3.) The Council or any person using any mechanical power on the tramways contrary to the provisions of this Act, or of the Board of Trade regulations, shall for every such offence be liable 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 is continued after conviction thereof ; (4.) The Board of Trade if they are of opinion — (rt) That the Council or such person have or has made default in complying with the provisions of this Act, or of the Board of Trade regulations whether a penalty in respect of such non-compliance has or has not l^een recovered ; or — (h) That the use of mechanical power as authorised under this Act is a danger to the passengers or the public ; 62&63F/c;^. Wallasey Tramways and ck. xv. 393 hnprovements Act, 1899. may l)y order either direct the Council or such person to Sec. 38 — 39 cease to use such mechanical power or permit the same to be continued only subject to such conditions as the Board of Trade may impose and the Council or such person shall comply with every such order. In every such case the Board of Trade shall make a special report to Parliament notifying the making of such order. 38. The Council may reconstruct any tramways for the time Alteration of being belonging to them, and make such alterations thereof as may tram\\ays be necessary or expedient for working the same by mechanical ^ coiistmc- power and for the purpose of working any of the tramways by electric works mechanical power the Council may erect, construct, maintain and use engines, works, buildings, machinery and apparatus, and may place, construct, erect, lay down, make and maintain on, above or below the surface of any streets or roads posts, brackets, electric conductors, wires, apparatus, conduits, cables, tubes, and openings and may with the consent of the owners and occupiers of any houses or buildings affix to such houses or buildings and maintain posts, brackets, electric conductors, wires, and apparatus, and may supply electrical energy from any generating station constructed under powers conferred or to be conferred upon the Council, but the Council shall not construct a generating station under the powers of this Act. 39. The following provisions shall apply to the use of electrical Special power under this Act unless such power is entirely contained in and provisions as carried along with the carriages ; — e°ectdcal (1.) The Council shall employ either insulated returns or P°^^^^' uninsulated metallic returns of low resistance. (2) The Council shall take all reasonable precautions in constructing, placing and maintaining their electric lines and circuits and other works of all descri])tions and also in working their undertaking so as not injuriously to affect by fusion or electrolytic action any gas or water pipes, or other metallic pipes, structures, or substances, or to interfere with the working of any wire, line or apparatus from time to time used for the purpose of transmitting electrical power or of telegraphic, telephonic, or electric signalling communication or the currents in such wire, hne or apparatus. (3) The electrical power shall Ijo used only in accordance with the Board of Trade regulations, and in such regulations provisions shall be made 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.) The Council sliall bo deemed to take all reasonable pre- cautions against interference with the working of any wire line or apparatus if and so long as they adopt and employ at /-: 394 62 & 63 Vivt. Wallasey I^ramways and ch. xv. hnpyoveme)iU Act, 1899. Sec. 40 the option of the Council either such insulated returns or such uninsulated metallic returns of low resistance and such other means of preventing injurious interference with the electric wires linos and apparatus of other parties and the currents therein as may be prescribed by the Board of Trade regulations aud in prescribing such means the Board shall have regard to the expense involved and to the effect thereof upon the commercial prospects of the undertaking. (5.) At the expiration of two years from the passing of this Act the provisions of this section shall not operate to give any right of action in respect of injurious interference with any electric wire line or apparatus or the currents therein unless in the construction, erection, maintaining, and working of such wire line and apparatus all reasonable precautions 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. (6.) If any difference arises between the Council and any other party with respect to anything hereinbefore in this section 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 aj^pointed 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. (7) The expression "Council" in this section shall include lessees licensees and any person owning, working, or running carriages over any tramway of the Council. For protec- 40. (1-) Notwithstanding anything in this Act contained if any of tioD of the ^\^Q works authorised to be executed hy this Act involves or is likely General ^*^ involve any alteration of any telegraphic line belonging to or used by the Postmaster-General the provisions of section 7 of the Telegraph Act, 1878, shall apply (instead of the provisions of section 30 of the Tramways Act, 1870), to any such alteration. (2.) In the event of any tramways of the Council being worked by electricity the following provisions shall have effect : — [a) The Council 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 construc- tion 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 Council have constructed their electric lines or other works or work their vmdertaking in contravention of this sub-section such question shall be determined by arbitration and the Council shall be bound to make any alterations in or additions to their system which may be directed by the arbitrator. 62 & 63 Vict. Wallasey Tramways and c1i. xv. 395 Improvements Act, 1899. (b) If any telegraphic line of the Postmaster-General is Sec. 40 injuriously affected by the construction by the Council of their electric lines and works or by the working of the undertaking of the Council, the Council 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. (c) (i.) 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 Council 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 the line and the nature of the work including the gauge of any wire and the Council and their agents shall conform with such reasonable requirements (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. (ii.) Any difference which arises between the Postmaster- General and the Council or their Agents with respect to any requirements so made shall be determined by arbitration. (rZ) In the event of any contravention of or wilful non- compliance with this section by the Council or their Agents the Council 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 communi- cation is wilfully interrupted not exceeding fifty pounds for every day on which such interruption continues. (c) Provided that nothing in this section shall subject the Council or their agents to a fine under this section if they satisfy the court having cognisance 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 forthwith served on the postmaster or sub-postmaster of the postal telcgra])h oflice nearest to the place where the act or work was done a notice of the execution thereof stating the reason for doing or executing the same without previous notice. (/) 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 way affected by such act or work or by any use made of such work. 396 Q2&QSVict. Wallasey Tramways and ch. xv. Improvements Act, J 899. Sec. 41 — 42 [i]) For the purposes of this section and subject as therein provided sections two ten eleven and twelve of the Telegraph Act, 1878, shall be deemed to be incorporated with this x\ct. (/;) The expression "electric line" has the same meaning in this section as in tlie Electric Lighting Act, 1882. (/) Any question or difference arising under this section which is directed to be determined by arbitration, shall be determined 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 Eegulation of Railways Act, 1868, shall apply in like manner as if the Council or their agents were a company with the meaning of that Act. ( /) Nothing in this section contained shall be held to deprive the Postmaster-General of any existing right to proceed against the Council by indictment, action, or otherwise in relation to any of the matters aforesaid. {k) In this section the expression " the Council " includes their lessees and any person owning, working or running carriages on any of the tramways of the Council. Mechanical 41. All works to be executed by the Council in any street or power works road for working the tramways by mechanical power in pursuance of to be subject ^^i^ powers of this Act shall be deemed to be works of a tramway, of Tramways subject in all respects to the provisions of section 30 of the Act, 1870. Tramways Act, 1870, as if they had been therein expressly mentioned. Bye-laws. 42- — (1-) Subject to the provisions of this Act the Board of Trade may make bye-laws with regard to any of the tramways upon which mechanical power may be used for all or any of the following purposes, that is to say : — For regulating the use of any bell, whistle, or other warning apparatus fixed to the engine or carriages : For regulating the emission of smoke or steam from engines used on the tramways : For providing that engines and 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 : For regulating the entrance to exit from and accommodation in the carriages used on the tramways and the protection of passengers from the machinery of any engine used for drawing or propelling such carriages : For providing for the due publicity of all bye-laws and Board of Trade regulations in force for the time being in relation to the tramways by exhibition of the same in conspicuous places on the carriages and elsewhei'e. 62&6SVict. Wallasey Tramways and cli. xv. 397 hnprovements Act, 1899. (2.) Any person offending against or committing a breach of any Sec. 43 — 49 of tlie bye-laws made l:)y the Board of Trade under the authority of this Act shall be liable to a penalty not exceeding forty shillings, 43. Notwithstanding anything in the Tramways Act, 1870 to Power to the contrary the Council may place and run carriages on and may ^^o'"^' work and may demand and take tolls and charges in respect t^'^i^^^^'^y"- of the tramways and in respect of the use of such carriages and may provide such stables, buildings, carriages, trucks, harness, engines, machinery, apparatus, horses, steam, cable, electric and other plant appliances and conveniences as may be requisite or expedient for the convenient working or user of the tramways by animal or mechanical power and may sell or dispose of such of the last mentioned articles and things as from time to time may no longer be required. 44. The regulations authorised by the Tramways Act, 1870 to Eegulations. be made by the promoters of any tramway and their lessees may with respect to any tramways or portions of tramways for the time l)eing belonging to and worked by the Council be made by the Council alone. 45. Notwithstanding anything contained in this Act the tram- Existing ways thereby authorised shall not be opened for public traffic nor tramways not shall the tramways constructed under the powers of the Act of 1878 fei-ed with' be interfered with in pursuance of this Act (except with the consent until of the owners of such last-mentioned tramways) until such last- acquired, mentioned tramways have been acquired by the Council. 46. Upon the acquisition by the Council of the tramways con- Repeal of structed under the powers of the Act of 1878 the provisions of '^^i'''^"} sections 8, 10 to 17, and 37 to 48 of that Act and the schedule thereto Tramway^ and section 6 of the Act of 1886 shall be by virtue of this Act Acts. repealed. 47. For the pui-pose of using mechanical power the Council Power to may acquire, hold and exercise patent and other rights or licenses '^"/"^'t^.vv.f relating to motive power or otherwise but not so as to acquire any ° exclusive right therein. 48. The Conveyance of Mails Act 1893 shall extend and apply Application to all the tramways of the Council as if the same had been authorised °^ ^'^"' by an Act of Parliament passed after the first day of January one ^j.^j^i"'^^^^ thousand eight hundred and ninety-three. 1893. 49. l^r the protection of the Wirral liailway Compau}- (in this For the pro- sectiou called " the Company ") the following provisions shall have *y'j[.[^'j^ JJ^^JJ''^ effect (that is to say) : — way Company (1.) Before commencing to reconstruct the Tramway No. 1 in Church Koad over the bridge of the Company and before commencing to construct the Tramway No. 2 in Wbeatland Lane over the bridge of the Company the Council shall give 14 days' previous notice in writing to the Company of tlieir intention to commence tlic same and such notice shall be accompanied by a plan and sections and all necessary particulars of the proposed works so far as they extend to the roadways over the said l)ridges and such works sball not be commenced until the Company have signified their 398 62 & 63 Vict. Wallasey Tramways and cli. xv. Improvements Act, 1899. Sec. 50 approval of the same but if the Company do not signify their approval or disapproval thereof within fourteen days from the service of the said notice plan sections and par- ticulars they shall be deemed to have approval of the same : Provided that if there shall be any diflference between the Council and the Company with reference to the matters aforesaid the same shall be determined by the Board of Trade. (2.) The Council shall comply with and conform to all reasonable directions and regulations of the Company in the execution of the said works and shall provide by new altered or substituted works in such manner as the Company shall reasonably require for the protection of and for preventing injury to the property and works of the Company by reason of the said tramways and shall save harmless the Company against all and every expense to be incurred thereby and any difference which may arise between the Council and the Company as to the reasonableness of the requirements of the Company shall be referred to the Board of Trade on the application of either party. (3.) All such works shall be done under the inspection and to the reasonable satisfaction of the engineer of the Company if after service upon the engineer of not less than forty-eight hours' notice such engineer thinks fit to attend. Provided that if any question arises Ijetween the Company and the Council under this sub-section the same shall be determined by the Board of Trade. (4.) In constructing Tramway No. 4 in Victoria Eoad between the junctions of that road with Victoria Place and Fell Street, the Council shall not construct any works at a greater depth than two feet three inches from the upper surface of Victoria Road as altered in puisuance of the Wirral Railway Act, 1898. Street Improvements. Power to 5Q. Subject to the provisions of this Act the Council may make make street ^^^^ maintain in the lines and according to the levels shown on the deposited plans and sections the street works hereinafter mentioned together with all necessary works and conveniences connected there- with or incident thereto. The street works hereinbefore referred to and authorised by this Act will be situate in the district and are as follows : — Work No. 11. — A widening of Victoria Eoad, Seacombe, on the east side. Work No. 12. — A widening of Victoria Road, Seacombe, on the west side. Work No. 13. — A widening of Brougham Road on the south side. Work No. 14. — A widening of Brighton Street on the east side. Work No. 15. — A widening of Brighton Street on the west side. 62&Q3Vict. Wallasey Traviiuays and cJt. xv. 399 Iviprovements Act, 1899. Work No. 16. — A widening of Brougham Road and Brighton Sec. 50 Street on the north side of Brougham Eoad and on the east side of Brighton Street. Work No. 17. — A widening of King Street on the west side. Work No. 18. — A widening of King Street on the east side. Work No. 19. — A widening of Trafalgar Road and Seabank Road on the north side of Trafalgar Road and on the west side of Seabank Road. Work No. 20. — A further widening of Seabank Road on the west side. o Work No. 21. — A widening of Wheatland Lane on the east side. Work No. 22. — A further widening of Wheatland Lane on the east side. o Work No. 23. — A widening of Wheatland Lane on the west side. "O Work No. 24. — A widening of Poulton Road and Liscard Road on the north side of Poulton Road and on the west side of Liscard Road. Work No. 25. — A new road 180 yards in length between Poulton Road and Liscard Road commencing on the north side of Poulton Road at its junction with Wheatland Lane and terminating on the south-west side of Liscard Road at its junction with Rappart Road. Work No. 20. — h. widening of Liscard Road on the north-east side. Work No. 27. — A widening of Liscard Road on the south-west side. ^o Work No. 28. — A further widening of Liscard Road on the north- east side. Work No. 29. — A further widening of Liscard Road on the north-east side. Work No. 30. — A further widening of Liscard Road on the north-east side. Work No. 31. — A further widening of Liscard Road on the south-west side. Work No. 32. — A widening of Liscard Village and Rake Lane on the north-west side of Liscard Village and on the west side of Rake Lane. Work No. 33. — A widening of Liscard Village on the south-east side. Work No. 34. — A widening of Rake Lane on the east side. Work No. 35. — A farther widening of Rake Lane on the east side. 400 G2&C)3Vict. Wallasey Tramiva7js and ch. xv. Invprovements Act, 1899, Sec. 51 Work No. 36. — A widening of Eake Lane on the west side. Woi'k No. 37. — A further widening of Eake Lane on the east side. Work No. 38. — A widening of Upper Brighton on the south- west side. Work No. 39. — A widening of Rowson Street and Seabank Eoad on the south side of Rowson Street and on the west side of Seabank Road. Work No. 40.— A widening of Liscard Village and Seaview Road on the north-west side of Liscard Village and on the north- east side of Seaview Road. Work No. 41. — A widening of Seaview Road on the south-west side. Work No. 42. — A further widening of Seaview Road on the south-west side. Work No. 43. — A widening of Seaview Road on the south-west and north-west sides. Work No. 44.— A widening of Seaview Road on the north-east and south-east sides. Work No. 45. — A widening of Hose Side Road on the north- east side. Work No. 46. — A widening of Grove Road and Warren Drive on the north side of Grove Road and on the north-east side of Warren Drive. Work No. 47 — A widening of Victoria Road, New Brighton, and Rowson Street on the north side of Victoria Road, and on the west side of Rowson Street. Work No. 48. — A widening of Victoria Road, New Brighton, and Rowson Street on the south side of Victoria Road, and on the west side of Rowson Street. Work No. 49. — A further widening of Victoria Road, New Brighton, on the south side. Work No. 50. — x\ further widening of Victoria Road, New Brighton, on the north side. V/ork No. 51. — A widening of Rowson Street and Wellington Road on the east side of Rowson Street and on the south side of Wellington road. As to removal 51. (1-) Before the Council in connection with the widening of of human Rake Lane, use or apply any part of the Congregational churchyard remains. there for any purpose other than as an open space or ornamental ground or garden, they shall remove or cause to be removed the remains of any deceased person interred in the said churchyard : Provided that a Secretary of State on the application of the Council, and on being satisfied that such removal is not necessary or desirable, may dispense with all or any of the requirements of this section on such conditions (if any) as he thinks fit. 62 & 63 Vict. Wallasey Tramways and ch.xv. 401 Imp)'Ovements Act, 1899. (2.) Before proceeding to remove any such remains, the Council Sec. 52 — S3 shall publish a notice for two successive weeks in a local newspapei- circulating in the Urban District of Wallasey, to the effect that it is intended to remove such remains and such notice shall have embodied in it the substance of the conditions of such removal provided in sub-sections (3) (4) (5) and (6) of this section. (3.) At any time within two months after the first publication of such notice any person who is an heir executor or administrator or relative of any such deceased person may give notice in writing to the Council of his intention to undertake the removal of the remains of sucli deceased person, and thereupon he shall be at liberty to cause such remains to be removed to and re-interred in the Eake Lane Cemetery of the Council. (4.) If any person giving such notice as aforesaid shall fail to satisfy the Council that he is such heir executor administrator or relative as he claims to be the question shall be determined on the application of either party in a summary manner by the Eegistrar of the Birkenhead County Court who shall have power to make an order specifying who shall remove the remains. (5.) The expense of such removal and re-interment not exceeding in respect of remains removed from any one grave the sum of ten pounds shall be defrayed by the Council such sum to be apportioned equally if necessary according to the number of remains in such grave. (6.) If within the aforesaid period of two months no such notice as aforesaid shall have been given to the Council in respect of the remains in any grave, or if after such notice has been given the person giving the same shall fail in any respect to comply with the provisions of this section the Council may remove the remains of the deceased person and cause them to be interred in the Rake Lane Cemetery of the Council. (7.) All monuments and tombstones relating to the remains of any deceased person removed under this section shall at the expense of the Comicil be removed and re-erected at the place of re-interment of such remains, or at such places within the urban district of Wallasey as the Registrar of the Birkenhead County Court on the application (if any) of such heir or executor or administrator or relative as aforesaid of the deceased person may direct. (8.) The removal of the remains of any deceased person sliall be carried out under the supervision and to the satisfaction of the medical ofticer of health for the said district. 52. If the street works authorised by this Act are not completed Period for within ten years from the passing of this Act then on the expiration completion of that period, the powers by this Act granted to the Council for ° ^^o'^'^'s- executing those works or otherwise in relation thereto shall cease except as to such of them, or so much thereof respectively, as shall then be completed. 53. lu the construction of the street works by this Act Deviation, authorised, the Council may deviate vertically from the levels shown cc 402 Sec. 54- Subsidiary works. 62&6SVict. Wallasey Travuvays and Improvements Act, 1899. ch. XV. -56 on the deposited sections to any extent not exceeding two feet upwards and two feet downwards, and they may deviate laterally within the limits of deviation shown on the deposited plans. 54. Subject to tlie provisions of this Act and within the limits of deviation defined on the deposited plans the Council in connection with the street improvements authorised by this Act, and for the purposes thereof may make junctions and communications with any existing streets which may be intersected or interfered with by or be contiguous to the street improvements or any of them and may make diversions widenings or alterations of lines or levels of any existing streets for the purpose of connecting the same with the street improvements or any of them, or of crossing under or over the same or otherwise, and may alter divert or stop up all or any part of any drain sewer channel or gas or water main or pipe within the said limits, the Council providing a proper substitute before interrupting the flow of sewage in any drain or sewer or of any gas or water in any main or pipe and making compensation for any damage done by them in the execution of the powers of this section. Power to construct promenades. Application of provisions of Act of 1896 as to promenade. Promenades. 55. Subject to the provisions of this Act the Council may make and maintain the following works in the lines and according to the levels shown upon the deposited plans and sections together with all such footways carriage-ways approaches landing-places slipways steps sewers drains works and conveniences as may be necessary or convenient (that is to say) : — A promenade and embankment commencing at the north side of Seacombe Ferry Station and terminating at the junction of Sandon Eoad and the existing promenade. A promenade and embankment commencing at the north-east side of Victoria Eoad, New Brighton, and terminating at Eowson Street. 56. The following sections of the Act of 1896 (that is to say) : — - Section 14 (Power to deviate) ; Section 15 (Period for completion of works) ; Section 16 (Power to make subsidiary works) ; Section 17 (Alteration of position of mains and pipes) ; Section 18 (Promenade to be a public highway and repairable as such) ; Section 19 (Bye-laws for regulating promenade) ; and Section 20 (Power to erect shelters, &c. on promenade) ; shall, so far as the same are applicable in that behalf and are not inconsistent with the provisions of this Act, extend and apply mutatis mutandis to and in relation to the promenades authorised by this Act as if the same were re-enacted in this Act. 62 & 63 Vict. Wallasei/ Traimvays and cli. xv. 403 hnprovements Act, 1899. ^ ' Sec. 57— 58 57. The Council shall not execute any works or conduct any Fo"^ protec- operations under the powers of this Act within the jurisdiction of ~}?^^ the Mersey Conservancy Commissioners, except in accordance with Conservancy plans and sections first submitted to and approved of in writing by Commis- the acting Conservator for the time being appointed by the Mersey sioners. Conservancy Commissioners under the Mersey Conservancy Act, 1842, and the provisions of that Act shall apply to the works under this Act. 58. For the protection and benefit of John Edward Eayner or For protec- other the owner for the time being of the lands numbered 31 to 35 on ^T '^-ca „ a .,, ,. ,. -Ill 1 \...ipii • John I'jawara the deposited plans (m this section called " the owner) the lollowing Rajmer. provisions shall apply and have effect (that is to say) : — (1) The promenade from Seacombe Ferry Station to Sandon Eoad authorised by this Act (in this section called "the promenade") so far as it will abut upon the lands, numbered 31, on the deposited plans shall be completed within eighteen months from the passing of this Act. (2.) The Council shall not without the consent of the owner acquire a greater part of the said land, numbered 31, than they shall require for constructing the promenade of a width of 50 feet measured from the east side of the river wall, together with such additional land as they shall require for constructing a fence in pursuance of this section, and for providing retaining walls where necessary. (3) In constructing the promenade where the same will abut upon the said land, numbered 31, the Council shall not deviate from the levels shown on the deposited sections, and the Council shall, where necessary, raise the level of the said land, numbered 31, to the level of the promenade when completed. (4.) The Council shall construct on the westerly side of the promenade an unclimbable fence six feet six inches high above the level of the promenade, founded upon a stone sill not less than two feet high, but the owner shall at all times be at liberty to make gates and entrances for the use of persons resorting to any house or houses on the property facing the promenade. (5.) The owner shall at all times hereafter have the right of access to the promenade from so much of the said land, numbered 31, as shall be retained by him by not more than four roads of such width as the owner shall think fit, not being less than the minimum width prescribed by the bye-laws for the time being in force in the district. (6) The Council shall when constructing so much of the promenade as will abut upon the said lands of the owner lay a sewer longitudinally under the same so far as such sewer has not already been laid, and the owner shall have the right to discharge sewage and drainage into the said §ewer. 40i 62 & 63 Vict. Wallasey Tramivays and ch. xv. Improvemejits Act, 1899. Sec, 59 (7.) The provisions of the section of this Act whereof the marginal note is "matters to be taken into account by arbitrators" sliall not apply in determining any question of disputed compensation to be paid by the Council to the owner for the acquisition of the said lands numbered 31 to 35 or any part thereof. For the pro- ^Q ^ov the protection of the New Brighton Pier Company (in New Brighton ^^^^^ section referred to as the Pier Company), the following PierCompany provisions shall (unless otherwise agreed between the Council and the Pier Company), be observed and have effect (that is to say) : — (1.) The Council shall before commencing to construct the New Brighton Promenade authorised by this Act make and complete subject to the consent of the Board of Trade Mersey Conservancy Commissioners and Mersey Docks and Harbour Board ])eing obtained if and so far as such consent is necessary and to the reasonable satisfaction of the Pier Company's engineer or in case of dispute to the satisfaction of the President of the Institution of Civil Engineers or of an engineer to be nominated by him an alternative access to the Company's Pier from and on to the existing promenade at its nearest point to the said pier with the deck at the same level as that of the Company's pier and of a width of at least 30 feet or of such greater width not exceeding 60 feet as the Pier Company may desire to a point not exceeding 73 feet from the western end of the Company's pier and from that point by a sloping approach or steps to a point on the new pi'omenade already constructed lineable with the western front of the proposed lavatories as shewn on the plan signed hy Walter Henry Travers on behalf of the Council and Albert Tomlinson Wright on behalf of the Pier Company such sloping approach or steps to be of a clear width of 18 feet inside measurement and the Council shall grant to the Pier Company a sub-lease of the ground covered by such extension for a period expiring at the same time as the term granted by the sub-lease of the ground on which the Company's pier is constructed and at the same rent per superficial square yard and under the same condi- tions as the Pier Company now pay and are subject to under their present sub-lease and the Pier Company will in part consideration therefor grant and pay to the Council one- eighth of all tolls received by them for admission to the pier whether in cash or by sale of contract tickets. (2.) The Pier Company shall pay to the Council the cost of the construction of the new access to and from their pier from and to the promenade. (3.) No structure shall be erected by the Pier Company upon the new access except in accordance with plans and elevations submitted to and approved by the Council. (4.) The Council shall at all reasonable times have access to the Pier Eegister and Toll Account Books of the Pier Company to enable them to check the amount of the Company's tolls whether in cash or contract tickets. 62 & 63 Vict. Waltase/j Tramways and cU.xv. 405 Improvements Act, 1899. (5.) Before commencing the works provided for by this section Sec. 60 — 61 the Council shall be entitled to require from the Pier Com- pany a satisfactory guarantee for the payment of the cost thereof. Miscellaneous. 60. (1-) The Council may independently of any other borrowing Power to power borrow at interest money for the following purposes (that is to borrow, say) :— (a) For the construction of the tramways authorised by this Act the re-construction of the existing tramways adapting the tramways for working by mechanical power and for plant the sum of eighty-seven thousand pounds ; (b) For the purchase of lands for and the construction of the street improvements and new street authorised by this Act the sum of ninety-two thousand pounds ; (c) For the purchase of the land for and the construction of the promenades authorised by this Act the sum of ninety thousand pounds ; ((/) For the payment of the costs, charges and expenses of this Act as hereinafter provided, such sum as may be necessary for the purpose. (2.) The Council may, with the consent of the Board of Trade, borrow such further moneys as may be necessary for the purposes of the tramway undertaking of the Council, and with the consent of the Local Government Board, such further moneys as may be necessary for any of the other purposes of this Act. (3.) In order to secure the repayment of the moneys borrowed under this section, and the payment of the interest thereon, the Council may charge the district fund and general district rate of the district, and as regards moneys borrowed for the purposes of the tramway undertaking of the Council, the revenue of that undertaking. 61. The Council shall pay off all moneys borrowed by tliem TcriocLs for under this Act within the respective periods (in this Act referred to repayment of as " the prescribed periods ") following (that is to say) : — bon-owed As to moneys borrowed for the purposes (a) mentioned in the section of this Act the marginal note whereof is " Powei' to borrow " within forty years from the date or dates of the borrowing of the same ; As to moneys borrowed for the purposes {b) and (c) in the said section mentioned within sixty years from the date or dates of the borrowing of the same ; As to money borrowed for the purpose ((/) in the said section mentioned within ten years from the date or dates of the borrowing of the same. As to moneys borrowed w'ith the consent of the Board of Trade or the Local Government Board within such period as the respective Board may sanction. 406 Sec. 62— 63 Application of financial provisions of Act of 1896. 62 & 63 Vict. Wallaseij Tramwat/s and Improvements Act, 1899. ch. XV. Application of revenue of tramway undertaking and deficiency of receipts. 62. The following provisions of the Act of 1896 shall apply to the exercise of the powers of this Act as if the same were re-enacted in this Act namely : — Section 24 (Mode of raising money). Section 25 (Certain regulations of Public Health Act not to apply). Section 26 (x\pplication of provisions of Public Health Act as to mortgages.) Section 28 (Mode of repayment of money borrowed on mortgage). Section 29 (Eegulations as to sinking fund). Section 30 (Saving for existing charges). Section 31 (Council not to regard trusts). Section 32 (Appointment of Eeceiver). Section 33 (Power to re-borrow). Section 34 (Annual return to Local Government Board). Section 35 (Proceeds of sale of surplus lands to be treated as capital). Section 36 (Application of money borrowed). Section 37 (Protection of lender from inquiry). Section 38 (Inquiries by Local Government Board). Section 39 (Expenses of execution of Act). Section 40 (x\udit of Accounts). Provided that the provisions contained in section 29 of the Act of 1896 shall apply to the foi-mation of sinking funds for the repayment of moneys borrowed under the Local Loans Act, 1875, instead of section 15 of the last mentioned Act. 63- The council shall apply all money received by them on account of revenue in respect of their tramway undertaking in manner and in the order following (that is to say) — - First. — In payment of the working and establishment expenses and cost of maintenance of the undertaking (including the maintenance of so much of the roads in which the tramways are laid as is required to be maintained and kept in good repair and condition by the promoters of tramways by section 28 of the Tramways i\ct, 1870) . Secondly. — In payment of the interest on moneys borrowed by the Council for the purposes of the undertaking ; Thirdly. — In providing the requisite appropriations instalments or sinking fund payments for the purposes of the under- taking ; 62&63F/6'^. Wallasey Traviwai/s and ch.xv. 407 Iviyrovements Act, 1899. Fourthly. — In extending and improving (if the Council think fit) Sec. 64 — 65 any works for the purposes of the undertaking ; Fifthly. — In providing a reserve fund (if the Council think fit by setting aside such money as they think reasonable and investing the same and the resulting income thereof in securities in which the Council are authorised by the Act of 1896 to invest sinking funds and accumulating the same at compound interest until the fund so formed amounts to the maximum reserve fund for the time being prescriJDed by the Council not exceeding a sum equal to one-fifth of the aggre- gate capital expenditure for the time being by the Council upon the undertaking which fund shall be applicable to answer any deficiency at any time happening in the income of the Council from the undertaking or to meet any extra- ordinary claim or demand at any time arising against the Council in respect of the undertaking or for payment of the cost of renewing any part of the tramways of the Council or of the works connected therewith and so that if that fund be at any time reduced it may thereafter be again restored to the prescribed maximum and so from time to time as often as such reduction happens : Provided that resort may be had to the reserve fund under the foregoing provisions although such fund may not at the time have reached or may have been reduced below the prescribed maximum ; And the Council shall carry to the district fund so much of any balance remaining in any year of the income of their tramway under- taking (including the interest on the reserve fund when such fund amounts to the prescribed maximum) as may in the opinion of the Council not be required for carrying on the undertaking and paying the current expenses connected therewith. (2.) Any deficiency in the revenue of the tramway undertaking of the Council shall be from time to time made good out of the district fund. 64. The Council may provide, sell, let for hire and fix, set up, Power to alter, repair and remove lamps, meters, electric lines, fittings, supply apparatus and things for lighting and motive power and for all other g^Tj "^ purposes for which electric energy can or may be used or otherwise °' ' necessary or proper for the supply, distribution, consumption or use of electric energy and may provide all materials and do all works necessary or proper in that behalf and may require and take such remuneration in money or such rents and charges for and make such terms and conditions with respect to the sale, letting, fixing, setting up, altering, repairing or removing of such lamps, meters, electric lines, fittings, apparatus and things as aforesaid and for securing their safety and return to the Council as the Council may think fit or as may be agreed upon between them and the person to or for whom the same are sold, supplied, let, fixed, set up, altered, repaired or removed. 65.^(1-) Any wiles, apparatus and fittings in any building or Bye-laws premises su^jplied with electric energy by the Council shall be subject ^^iih respect to such bye-laws for securing the safety of the inhabitants and for |^in^g"° the prevention of fire as the Council may reasonably require. 408 62 & 63 Vict. Wallasey Tramways and ImprovementH Act, 1899. cJl. XlK Sec. 66 — 71 (2.) The provisions with respect to bye-laws contained in sections 182 to 186 of the Pubhc Health Act, 1875 (except so much thereof as relates exclusively to bye-laws of a rural sanitary authority) shall apply to bye-laws made by the Council under this section : Provided that in the application of such provisions the Board of Trade shall be substituted for the Local Government Board. Altering the QQ, Notwithstanding anything in section 9 of the Electric dateforfilhng Lighting Act, 1882, contained the annual statement of accounts of the electric lighting undertaking of the Council shall after the passing of this Act he filled up on or before the twenty-fourth day of June in every year and shall be made up to the thirty-first day of March next preceding and section 9 of the Electric Lighting Act, 1882, shall as from the passing of this Act be read and have effect as regards the undertaking of the Council as if the twenty-fourth day of June and the thirty-first day of March were therein mentioned instead of the twenty-fifth day of March and the thirty- first day of December. up annual accounts for electric lighting. Authentica- tion and service of notices. Orders, Ac, of the Board of Trade. Recovery of penalties. 67. Where any notice, summons or other document (except a conveyance contract or security) under this Act requires authenti- cation by the Council, the signature thereof by their clerk shall be a sufficient authentication, and any notices, summonses and other documents required or authorised to be served under this Act may be served in manner prescribed by section 267 of the Public Health Act, 1875. 68. All orders, regulations and bye-laws made by the Board of Trade under the authority of this Act shall be signed by a secretary or an assistant secretary of the Board. 69. Any penalty under this Act or under any bye-laws or regula- tions made under this Act may be recovered in manner provided by the Summary Jurisdiction Acts. tioirof°s''^265 ^^' ^sction 265 (Protection of local authority and their officers of Public from personal liability) of the Public Health Act, 1875, is hereby Health Act, incorporated with and shall form part of this Act. 1875. Costs of Act. 71. All the costs, charges and expenses preliminary to and of and incidental to the preparing, applying for, obtaining and passing of this Act, as taxed by the taxing officer of the House of Lords or of the House of Commons shall be paid by the Council out of the district fund or out of moneys to be borrowed under this Act. 62&63 7/c-f. Wallasey Traimvai/s and Improvements Act, 1899. cJi. XV. 409 SCHEDULES. Schedules. THE FIEST SCHEDULE. Premises of which Portions only are Eequired. Works for which properties are authorised to l)e taken. Street improvements and new street referred to in the section of this Act whereof the marginal note is " Power to make street works." Promenade from Seacombe Ferry Station to Sandon Road referred to in the section of this Act whereof the marginal note is "Power to construct promenades." Number on Deposited Plans. 8 to 12, 22, 48 to 66, 68 to 78, 120, 136, 144, 145, 153, 229 to 231, 233, 240, 248, 249, 252 to 258, 267, 280, 283, 287 to 289, 291, 294 to 316, 321 to 327, 352, 354, 355, 360, 368 to 371, 375 to 378, 381, 388, 390 to 394, 401 to 403, 417 to 422, 440, 441, 443, 444, 457 to 462, 464, 465, 467 to 470, 472 to 475, 560. 5 to 16, 29, 36 to 39. THE SECOND SCHEDULE. Rates for Animals and Goods. Animals. For every horse mule or other beast of draught or burden For every ox cow bull or head of cattle For every calf pig sheep or small animal Pen s. uile d. 4 3 H 410 62 & 63 Vict . Wallasey Tramways and ch. xv. Improvements Act, 1899. Schedules Goods. Per mile s. d. For all coals coke culm charcoal cannel limestone chalk lime salt sand fireclay cinders dung compost and all sorts of manure and all undressed materials for the repair of puhlic roads or highways, per ton 2 For all iron ironstone iron ore pig iron bar iron rod iron sheet iron hoop iron plates of iron slabs billets and rolled iron bricks slag and stone stones for building pitching and paving tiles slates and clay (except fireclay) and for wrought iron not otherwise specially classed herein and for heavy iron castings including railway chairs ... per ton 2^ For all sugar grain corn flour hides dyewoods earthen- ware timber staves deals and metals (except iron) nails anvils vices and chains and for light iron castings . . .. ... ... per ton 3 For cotton wools drugs manufactured goods and all other wares merchandise fish articles matters or thingsnototherwisespeciallyclassedherein.perton 4 For every carriage of whatever description 1 Parcels. Any distance s. d. For any parcel not exceeding 7 lbs. in weight 3 For any parcel exceeding 7 lbs. and not exceeding 14 lbs. in weight ... ... ... ... ... 5 For any parcel exceeding 14 lbs. and not exceeding 28 lbs. in weight 7 For any parcel exceeding 28 lbs. and not exceeding 56 lbs. in weight ... ... ... ... ... 9 For any parcel exceeding 56 lbs. such sum as the Council may think fit : Provided always that articles sent in large aggregate quantities although made up in sejDarate parcels such as bags of sugar coffee meal and the like shall not be deemed small parcels but that term shall apply only to single parcels in separate packages. For the carriage of single articles of great iveigh t. p -i s. d. For the carriage of any iron boiler cylinder or single piece of machinery or single piece of timber or stone or other single article the weight of which including the carriage shall exceed four tons but shall not exceed eight tons such sum as the Council may think fit not exceeding ... per ton 2 For the carriage of any single piece of timber stone machinery or other single article the weight of which with the carriage shall exceed eight tons such sum as the Council may think fit 62 & 63 Vict. Wallasey Tramways and cU. xv. 411 Imjjrovements Act, 1899. Rcijulations as to Bates. Schedules. For articles or animals conveyed on the tramways for a less distance than three miles the Council may demand rates and charges as for three miles ; A fraction of a mile beyond an integral number of miles shall be deemed a mile ; For the fraction of a ton the Council may demand rates according to the number of quarters of a ton in such fraction, and if there be a fraction of a quarter of a ton such fraction shall be deemed a quarter of a ton : With respect to all articles except stone and timber the weight shall be determined according to Imperial avoirdupois weight ; With respect to stone and timber fourteen cubic feet of stone forty cubic feet of oak, mahogany, teak, beech, or ash, and fifty cubic feet of any other timber shall be deemed one ton weight and so in proportion for any smaller quantity. In addition to the foregoing rates the Council may demand such charges as are reasonable for loading and unloading the animals and goods and if any difference shall arise as to the reasonableness of any such charge the matter in difference shall be settled by the Board of Trade. INDEX TO Local Acts. I NDEX. In this Index the Statutes and Provisional Orders are denoted by their dates, accompanied by distinguishing letters, e.g. : — ■ A.— Act. C.A. — Confirming Act. E.L.O. — Electric Lighting Order. O. — Provisional Order. ACCIDENTS ACT. page. Notice of, and enquiries by Board of Trade E.L.O. 1897 art. 29 ...354 ACCOUNTS . T, n . I A. 1896 s. 40 I 327 Audit of, under ] A. 1899 s. 62 i406 Salaries may be charged to particular or special A. 1864 s. 42 ... 208 Sec. 9 of Electric Lighting Act, 1882, varied as to Electric Lighting ... A. 1899 s. 66 ... 408 Separate, of expenses of private street works A. 1890 s. 55 ... 291 "Wallasey Ferries Account" A. 1858 s. 39 ... 176 ;, Lighting „ A. 1858 s. 29 ...173 Waterworks „ A. 1858 ss. 27-28... 173 ADMIRALTY Approval of piers or landing stage, by ... Exemptions from pier rates or duties ... May order local survey ... May remove abandoned works affecting tidal waters .... ADOPTION Of private streets... ADVERTISEMENTS Exhibited on hoardings ... Of charges for electrical energy ... Of notices of approval, &c., of the Board of Trade E.L.O. 1897 art. 65 ...364 A. 1864 s. 8 .. 200 A. 1864 s. 10 .. 200 A. 1864 s. 11 .. 201 A. 1864 s. 12 . .. 201 A. 1890 ss. 53-54 1 290 { 291 A. 1890 s. 79 . .. 298 E.L.O. 1897 art. 24 . .. 352 IV, INDEX. ACT. PAGE. AGEEEMENTS For lease of Foreshore . . For supply of electrical energy To purchase additional lands A. 1864s.43&sched{^Qg ...E.L.O.1897arts.20&26 349 To sell mains and pipes to sanitary authorities To supply gas and water to outside authorities and others With Mersey Docks and Harbour Board as to river wall With owners of property to bind suc- cessors ALLOWANCES To officers and servants ... ANCHOEING Of vessels, bye-laws regulating ... ANIMALS Accommodation at Ferries for ... Council not l)ound to carry, upon tramways Ferry Tolls for Power to sell, used for tramways APPEAL Under ,, Electric Lighting Order to Board of Trade, APPOETIONMENT Of expenses of pi'ivate street works, [ provisional j „ * ,, ,, final AEBITEATION (353 A. 1896 s. 9 I 320 A. 1899 s. 11 J 385 A. 1890 s. 73 (ss. 3) 296 A. 1890 s. 73 ... 296 A. 1872 sched. ,. 241 A. 1890 s. 32 ... 285 A. 1864 s. 38 208 A. 1867 s. 28 A. 1872 s. 14 to to CO to CO to A. 1867 s. 24 ... 221 A. 1899 s. 32 ... 391 A. 1858 s. 39 ) 176 A. 1867 ss.19-20 220 and sched. C. J 226 A. 1899 s. 43 .. 397 A. 1890 s. 81 ... 298 E.L.O. 1897 art. 10 (c) 340 Matters to be considered in With frontages as to footways ... Under Electric Lighting Order, 1897 A. 1890 s. 40 ... 286 A. 1890 s. 46 ... 289 ( A. 1896 s. 22 ) 323 1 A. 1899 ss. 8-91383-385 A. 1896 s. 21(2) ... 322 341 344 346 347 350 352 \ 361 arts. 11, 13, 14, 16,21,22,58 V. ACT. PAGE. A. 1864 s. 30 \ 206 283 A. 1890 s. 26 0. 1852 art. 18 ... 164 INDEX. ARCH Under street, repair of ^,. ASSES Power to license owners, or drivers of ... ASSESSMENTS To different Rates may be in one Rate Book... AUDIT Of accounts under Act of 1896 ... BAND Stands on Promenade for BANKRUPTCY Priority of Rates in Proof of claims by clerk ... BATHING From Foreshore ... Power to make bye-laws regulating Provisions for protection of bathers Sections of Town Police Clauses Act, 1847, applied BATHS Towns Improvement Clauses Act, 1847, respecting, applied ... Water Rents for additional BIRKENHEAD Communication with Seacombe... BLACKSMITHS To shut-out light of forges from streets BOARD OF TRADE Appeal from Postmaster-General to, re electrical works in streets E.L.O. 1897 art. 10 (r) 340 Approval of systems and mode of supply of electrical energy by E.L.O. 1897 art. 6 ...338 Approval of electrical works in streets by E.L.O. 1897 art. 10 (<■) 340 ,, rails of tramways A. 1899 s. 22 .. 389 Consent of, to break up private streets, etc. Inspection of tramways ... Inquiries by, as to accidents DO A. 1864 s. 41 ... 208 A. 1896 s. 40 ... 327 A. 1896 s. 20 ... 322 f A. 1867 s. 38 and 224 note; A. 1872s. 21 240 A. 1858 s. 81 ... 185 A. 1890 s. 8 278 A. 1890 s. 8 s.s. (3) 278 A. 1890 ss.9-10 1 278 279 0. 1852 art. 17 ... 163 0. 1852 art. 17 163 A. 1858 s. 14 ... 170 A. 1867 s. 7 ... 216 A. 1845 s. 182 151 E.L.O. 1897 art. 8 ... 339 A. 1899 ss. 18-23... 389 ..E L.O. 1897 art. 29 ... 354 VI. INDEX. Board of Trade — Continued. Notice of accidents in electrical works, etc., to E.L.O Orders, &c., of, to be signed by Secretary A Plan of proposed mode of construction of tramways to be laid before ... Proceedings under Electric Lighting Order of E.L.O. Terms of approval or consent of ... E.L.O. BOATMEN ACT. 1897 art. 29 1899 s. 68 A. 1899 s. 20 Employment and payment of, protection of bathers Employment of, by bathing machine proprietors ... BOATS Power to make bye-laws regulating traffic ... Preservation of order and decorum on ... A. A. A. A. 1897 art. 63 1897 art. 64 1890 s. 10 1890 s. 9 1858 s. 51 1858 s. 51 BOEEOWING POWEES For construction of tramways For Ferries { Gas < Private street works ... Street works ... Purchase of land, etc.. Promenade PAGE. .. 354 .. 408 . 389 .. 364 .. 364 .. 279 .. 278 . 179 .. 179 / Water A. 1899 s. 60 A. 1858 s. 60 ; A. 1861 s. 3; A. 1864 s. 21; A. 1872 s. 17; O. (No. 1) 1877 art. 3 O. 1881 art. 1 0. 1883 art. 2 O. 1895 art. 1 andO. 1897 art. 1. / A. 1858 s. 60; A. 1861 s. 3; A. 1867 s. 30; O. (No. 1)1877 art. 2 0. 1883 art. 1 0. 1892 art. 2 O. 1896 art. 1 and 0. 1898 art. 1. A. 1890 ss. 51-52 .. A. 1899 s. 60 A. 1896 ss. 23 & 33 A. 1899 s. 60 A. 1858 s. 60 ; ^ A. 1861 s. 3 ; O. 1863 ; A. 1864 s. 28; O. 1870 art. 6 ; A. 1872 s. 17; 0. 1894 art. 1. j 405 181 189 203 239 } 249 258 264 311 369 181 189 222 249 264 303 314 376 290 405 (323 (326 405 181 189 194 206 232 239 308 INDEX. VII. ACT. PAGE. Borrowing Powers- -Continued. Local Loans Act, 1875, available O. 1892 art. 2 (s.s 2)^ A. 1896 s. 24 ; O. 1897 art. 2 ; A. 1899 s. 62. Provisions of Public Health Act to apply/ ' A. 1858 s. 61 ; A. 1861 s. 4; A. 1864 s. 22 ; A. 1867 s. 32 ; 0.(No.l)1877art. 4 O, 1881 art. 1 0. 1883 arts 1 & 2 0.1892art. 2(s.s. 2), \ O. 1897 art. 2. S. 234 of Public Health Act not to apply ( A. 1896 s. 25 to Promenade loans ... .. ... ( A. 1899 s. 62 304 323 370 406 182 190 204 223 y 249 258 264 304 370 324 406 BOUNDAEIES Of Improvement Commissioners' juris- diction Of Liscard Commissioners' Award A. 1845 s. 89 0. 1852 art. 1 ; 0. (No. 1) 1877 ; and A. 1890 s. 5. Of Wallasey District BEIDGES Restrictionson breaking up public bridges, E.L.O. 1897 arts. 10-12 BUILDING (340 1 342 Compulsory purchase of portions only ... Deposit of plan, void after certain interval Drainage and water supply before occupa- tion Entering for disinfecting .. Exemption of Crown or public Expense of pulling down for inspection, how borne Height, how determined ... Height of rooms ... Height prescribed... Hoards to be erected during progress of Improperly used for habitation .. Inspection of Meaning under Act of 1845 s. 327 " New Building " described Notice of commencement, &c. ... Numbering buildings f A. 1896 s. 7 ( A. 1899 s. 8 A. 1890 s. 13 A. 1890 s. 20 A. 1890 s. 68 A. 1890 s. 37 A. 1890 s. 22 A. 1890 s. 18 A. 1890 s. 19 A. 1890 s. 18 A. lS90s. 23 A. 1890SS. 20&25 A. 1890 s. 21 A. 1845 s. 327 A. 1890 s. 17 A. 1890 s. 21 A. 1S90 s 16 I 319 ) 383 .. 279 .. 281 .. 295 .. 286 .. 281 .. 280 .. 281 .. 280 .. 282 (281 (282 281 156 280 281 280 VIII. INDEX. ACT. PAGE. Building — Contimicd. Power of surveyor — inspecting ... Eemoval of projecting ... Euinous or dangerous, Towns Improve- ment Clauses Act, 1847, applied ... Street names on . . . Supplying with fresh air, sections 110 & 111 Towns Improvement Clauses Act, 1847, applied ... To be certified before occupation as dwellings BUEIAL Of Infected body ... BYE-LAWS Advertisements, regulating exhibition of Alteration and authentication of... j Bathing, regulating Buildings to comply with Confirmation of Drivers and conductors, regulating Electric fittings, regulating Evidence of Ferries, regulating Foreshore, regulating Gas fittings, regulating inspection andj control of ... ... ... ( Gas fittings, regulating supply of Hackney carriages and omnibuses, regulating Hoardings, regulating erection and removal of Inspection of Jurisdiction of Wirral Justices in Ferry... Mooring and anchoring of vessels, regulating ... Penalties for enforcing i- A. 1890 s. 22 ... 281 A. 1864 s. 33 ... 207 0. 1852 art. 17 ... 163 A. 1890 s. 16 ... 280 0.1852 art. 17 ... 163 A. 1890 s. 20 ... 281 A. 1890 s. 63 ... 294 A. 1890 s. 79 . 298 0. 1888 art. 3 ; ) 271 A. 1890 s. 85 ■ 299 (Note) A, 1890 s. 8 (s.s. 3) 278 A. 1890 s. 20 ... 281 A. 1890 s. 85 (Note) 299 0. 1888 arts. 1 to 3 270 A. 1899 s. 65 ... 407 A. 1845 s. 251 ; ] 154 A. 1858 s. 59 ; 180 A. 1867 s. 29 ; \- 222 A. 1890 s. 85 299 (Note) A. 1858 ss. 51 to ) 179 59; 180 A. 1867 s. 29 J 222 A. 1890ss. 7 & 79 i^gg A. 1867 s. 15 ; | 219 A. 1890 s. 70 ) 295 A. 1867 s. 15 . 219 O. 1888 arts. 1 to 3 270 A. 1890 s. 79 A. 1858 s. 57 A. 1890 s. 76 A. 1867 s. 28 ; A. 1872 s. 14 A. 1845 s. 246; A. 1858 s. 53 ; A. 1867 s. 29 ; A. 1890 s. 85 .. 298 .. 180 .. 297 I 222 j 239 153 179 222 299 INDEX. Bye- Laws — Continued. Porters, regulating Promenades, preserving order Publication of Public Health Act to apply to ... Public lavatories, &c., regulating Speed of trams, regulating Tramways, relating to Quarter Sessions to allow Kepeal of ... Sanitary purposes for Water fittings, regulating inspection ( and control of... ... ... \ Water, regulating supply of Water fittings, testing and stamping CAREIAGE Meaning under Act of 1845, s. 327 Power to provide, for tramways... Railway, not to be used upon tramways.. Regulation of hackney ... -1 Width of CARTS Dogs or goats not to be used for drawing Weighing, Markets and Fairs' Clauses Act, 1847, applied CELLARS In courts not to be occupied as dwellings Repair of ... CERTIFICATE Of compliance with bye-laws ,, Medical Officer as to cleansing and disinfecting ... ACT. A. 1845 s. 245 A. 1890 s. 79 ; A. 1896 s. 19 ; A. 1899 s. 56 A. 1858 s. 57 ; A. 1867 s. 29 ; A. 1890 s. 85 0. 1888 art. 3 (s.s. 2) ; A. 1890 s. 85 ; A. 1899 s. 65 (2) A. 1890 s. 31 A. 1899 s. 36 A. 1899SS.36&42 A. 1858 s. 54 ; A. 1867 s. 29 A. 1858 s. 52 A. 1864 s. 37 A. 1867 s. 29 A. 1890 s. 85 A. 1890 s. 29 A. 1867 s. 15 ; A. 1890 s. 70 A. 1867 s. 15 A. 1890 s. 70 IX. PAGE. .. 153 ) 298 I 321 ) 402 180 222 299 271 299 407 284 392 392 396 180 222 179 208 222 299 284 219 295 219 295 A. 1845 s. 327 ... 156 A. 1899 ss. 16 & 43 1 ^^^ A. 1899 s. 21 (2)... 389 163 O. 1852 art 17 ; 270 O. 1888 arts 1 to 3 f ^y^ A. 1899 s. 21 (1)... 389 A. 1845 s. 187 151 O. 1852, art 17 ... 163 A. 1845 s. 142 ... 150 A. 1864 s. 30; A. 1890 s. 26 ) 206 ( 283 A. 1890 s. 20 ... 281 A. 1890 s. 59 ... 292 INDEX. ACT. PAGE. Certificate — Continued. Of Medical Officer as to detention of infected persons A. 1890 s. 65 ... 294 ,, Medical Officer as to outbreak of in- fectious disease due to milk A. 1890 s. 56 ... 291 ,, Medical Officer as to removal of body for burial ... A. 1890 s. 62 ... 293 ,, Medical Officer as to retention of infected body... A. 1890 s. 61 ... 293 CESSPOOL Construction or continuance of . . . A. 1890 s. 30 ... 284 CHAEGE Private street expenses, a charge on premises Protection of existing charges on mort- gages Eegister of charges to be kept ... CISTERNS Approval of CLOCKS Power to provide public ... COAST GUARD Exemptions from pier rates or duties . . . COKE Power to sell and dispose of COMMISSIONERS Definition of Electors' qualifications ... Mode of supplying occasional vacancies Powers, property and liabilities trans- ferred to Local Board Qualification Shareholders not disqualified by contracts Superseded by Local Board of Health ... COMMONS Allotment and division of commons and waste lands in Liscard Allotment and division of commons and waste lands in Wallasey and Poolton- cum-Seacombe Contents of, Wallasey and Poolton-cum Seacombe A. 1890 s. 47 ... 289 A. 1896 s. 30 ... 325 A. 1890s. 47 (2)... 290 A. 1858 s. 12 A. 1864 s. 10 A. 1858 s. 17 170 O. 1852 art. 17 ... 163 200 171 A. 1845 s. 327 ... 155 A. 1845 (Note) ... 146 A. 1845 s. 17 ... 146 0.1852 art 9,12& 13 162 A. 1845 (Note) ... 146 A. 1845 s. 6 .. 146 A. 1845 s.327(Note) 157 Award Award Award ... 22 ... 61 ... 61 INDEX. Commons — Continued. Highways and roads over, set out Lands sold by Commissioners under Inclosure Act, 1814 ... Rights of commons extinguished, Inclo- sure Act, 1809, s. 21 Eoads over commons to be not less than 30 feet wide .. COMPANIES Priority of rates in winding up COMPENSATION -1 ACT. Award Award A. 1814 s. 29 A. 1809 s. 26 A. 1867 s. 38 (Note) A. 1872 s. 21 XI. PAGE. ) 62 93 107 61 58 20 224 240 Matters to be considered by arbitrator in determining ... On compulsory purchase of part of ! land, &c. ... ... ... ... 1 To persons damaged by alteration of mains or pipes To owners affected by subsidiary works... To owners and occupiers of projecting buildings removed ... To Postmaster-General under electric A. 1896 s. 22 A. 1899 s. 9 323 385 319 A. 1899ss.8(l)&9| gg^ A. 1896 s. 7 ; A. 1896 s. 17 ... 321 A. 1896 s. 16 ... 321 A. 1864 s. 33 ... 207 lighting order Under electric lighting order CONDUCTORS Regulation of CONSTABLES Dismissal or suspension of Power to employ ... Power to make rules and orders for Town Police Clauses Act, 1847, applied. CONVEYANCE Carrying infected body in public Disinfection of public CONVEYANCE OF MAILS ACT, 1893 To apply to all Tramways of Council . ., E.L.O. 1897art.l0 (/) 340 ( E.L.O. 1897 art. 10 (/•)) ^^? i arts. 11, 13, 14, 16 341 347 I 1 0.1852 art. 17 0.1888 arts. 1-3 A. 1845 s. 256 A. 1867 s. 41 A. 1845 s. 257 O. 1852 art. 17 A. 1890 s. 64 A. 1890 s. 64 A. 1899 s. 48 ) CONVEYANCING AND LAW OF PROPERTY ACT, 1881 Remedies under, available for recovery of private street expenses ... ... A. 1890 s. 47 163 270 271 154 225 154 163 294 294 397 289 XII. Index. ACT. PAGE. COSTS Arbitration proceedings under notice to treat ... Of legal proceedings Local Government inquiries Private street works proceedings Prosecutions Testing gas Recovery of Under electric lighting order COULBORN i A. 1899 s. 8 . 383 A. 1867 s. 42 . 225 \ 0.1892 art. 2 (10)) A. 1896 s. 38 (2) 0.1897 art. 10 A. 1899 s. 62 306 327 ^ 373 406 A. 1890s 42 (3).. . 288 A. 1864 s. 40 . 208 A. 1858 s. 26 .. . 173 A. 1890 s. 83 . 298 E.L.O. 1897 arts. 39, 1 64 356 ■ 364 Purchase of Messrs. Coulborn's ferry f A. rights I COUNTY COUNCIL Notification and approval of electrical work in streets or bridges repairable by E.L.O. Restrictions on breaking up streets or bridges repairable by ... ... E.L.O. COURTS Cellars in, not to be occupied as dwellings A. 1861 Preamble) 188 and 8. 7 [ 191 1897 art. 10 (/)... 340 1897 art. 10 ... 340 Cleaning of Dedication of To be flagged, sewered, &c. A. A. A. 1845 s. 142 1890 s. 28 1864 s. 29 1864 s. 29 COWKEEPERS To furnish list of customers in certain cases A. 1890 s. 56 COWSHEDS Inspection of CROSSINGS Power to make additional, for tramways CROWN Exemptions from pier rates or duties ... A. A. A. A. A. A. A. 1890 s. 57 A. 1899 s. 24 .. 150 .. 284 .. 206 .. 206 .. 291 .. 292 .. 390 Protection of Rights of -1 CUSTOMS Service exempted from pier rates or duties A. A, 1864 s. 10 1845 s. 324 ; 1864 s. 44 ; 1872 SS.9&10; 1890 SS.86&87 1896ss.46&47j 1899 s. 15 200 155 209 238 299 333 f 334 1 386 1864 s. 10 ... 200 Index. DAIRY Customers' list to be furnished ... Inspection of dairies, &c. Supplying milk prohibited in certain cases DEAD Dying of infectious disease, retention of body prohibited Justices may order removal and burial of infected body Infected body not to be carried in public conveyance ... Removal of infected body from hospital for burial only Vide " Human Remains." DEFINITIONS Buildings ... Carriage Clerk Council XIII. ACT. PAGE. A. 1890 s. 56 ... 291 A. 1890 s. 57 ... 292 A. 1890 s. 57 ... 292 A. 1890 s. 61 A. 1890 s. 62 A. 1890 s. 61 A. 1890 s. 62 ... 293 .. 293 ... 294 .. 293 Daily Penalty District Driver Electric Line Electric Lighting Order, in Enclosed lands Engine Foreshore ... Frontagers General or Quarter Sessions Hackney Carriage House Infectious Disease Justice Labouring Class ... Lands Mechanical Power Month A. A. f ^• \ A. I A. I A. A. A E.L.O. A. A. A. A. A. A. A. A. A. C.A. A. E.L.O. A. A. A. A. 1845 s. 1845 s. A. 1890 A. 1896 1896 s. 1899 ss. 1890 s. 1890 s. 1896 s. 1899 s. 1845 s. 1899 s. 1897 ar 1896 s. 1899 s. 1890 s. 1896 s. 1845 s. 1845 s. 1845 s. 1890 s. 1845 s. 1892 s. 1896 s. 1897 ar 1899 s. 1845 s. 1899 s. 1845 s. 327 .. 327 .. s. 3 s. 3 3 3&39(7) 3; 3; 3 327 40 (//) t. 2 3 3 3 3 327 327 327 3 327 2; 10(2) t. 7 12(3) 327 3 327 156 156 277 319 318 382 391 277 277 319 382 156 396 336 319 382 277 319 166 156 156 277 156 302 320 338 385 166 382 156 XlV. INDEX. ACT. f Definitions — Continued. Omnibus ... Open lands Owner Paving, metalling and flagging ... Person Street Surveyor ... Tramways ... DEMAND Authentication of summons, notice, or DEPEECIATION FUND Creation of Depreciation and Renewal ( Fund ... ... .... ... ... I DETENTION In hospital of infected person without lodging Of goods by Toll collectors DISINFECTION Entering houses for Of houses, &c. Shelter during DISTRICT COUNCILS Supersede Local Boards ... DISTRICT FUND AND RATE Contribution to private st. works expenses Security for land purchase, &c. ... Security for mortgages ... DOCKS Communication across Liability to rates ... Protection of Mersey Docks and Harbour Board... River Wall, agreement with Dock ( Board... ... ... ... ... | 0.1888 arts. 1&3 A. 1896 s. 3 A. 1845 s. 327 . A. 1890 s. 39 A. 1845 s. 327 . A. 1845 s. 327 ; A. 1890 s. 38 A. 1845 s. 327; A. 1890 s. 3 A. 1899 s. 3 A. 1858 s. 82 PAGE. 270 271 319 . 156 , 286 . 155 ) 155 f 286 ) 156 I 277 ,, 382 ... 186 A. 1872 s. 22; ) 241 0. 1883 art. 3 j 265 A. 1890 s. 65 A. 1858 ss. 42, 43, 49, 50 294 177 178 179 A. 1890 s. 68 A. 1890 ss. 59 & 60 . 295 ( 292 1 293 A. 1890 s. 66 ... 295 O. 1852, note to ^ arts. 2 to 5 A. 1896 preamble (Note) 161 317 A. 1890 s. A. 1896 s. A. 1899 s. A. 1867 s. A 1890 s. 49 23 60 36; 52; A. 1896 s. 23 A. 1867 s. 7 A. 1858 s. 35 A. 1867 s. 6 ; A. 1890 s. 89 A. 1872 s. 13 and sched. .. 290 ] 323 )' 405 224 290 323 216 174 ) 216 299 239 241 Index. XV. ACT. PAGE. DOGS Not to be used for di-cawing carts ... A. 1845 s. 187 ... 151 DEAINS Altering position of A. 1896 s. 17 ...321 Commissioner empowered to make drains, &c Incl.A. 1814 s. 15 ... 53 Connection with sewers ... ] A'lonn^'ofr' I or!^ A. 1890 s. 35 J 285 284 286 288 286 Construction or continuance of cesspools A. 1890 s. 30 Examination of A. 1890 s. 36 In private street works ... ... ... A. 1890 s. 43 Inspection of A. 1890 s. 36 Maintenance of public drains set out by Comhiissioner ... .. ... Award Notice of covering up ... ... ... A. 1890 s. 21 Obstruction of A. 1890 s. 33 Public drains set out by Commissioner . . . Award To be made before houses occupied ... A. 1890 s. 20 Turning steam, &c. into ... ... ... A. 1890 s. 34 T. , ,. . 0.1852 art. 17; Eegulationof | q. 1888artsl-3 DUKE STKEET BEIDGE AND EMBANKMENT 61 281 285 61 281 285 DREDGEE Borrowing powers for ... ... ... 0.1897 art. 1 ... 369 DEIVEES Crossing footways A. 1890 s. 15 ... 279 Meaning A. 1845 s. 327 ...155 163 270 271 Communication secured ... • • A. 1867 s. 7 ... 216 EASEMENTS Power to grant f A. 1896 s. 11 A. 1899 s. 10 320 385 EGEEMONT FEEEY Lease or purchase of powers granted A. 1845 s. 86 148 Pier extension • • A. 1872 s. 7 ... 237 ELECTORS Qualification of .. ■ A. 1845 note to repealed s. 15 ) 146 Qualification of ■1 0. 1852 note to arts. 2 to 5 1 161 ELECTEIC FITTINGS Bye-laws with respect to... Power to supdIv ... • • A. 1899 s. 65 A. 1899 s. 64 ... 407 407 XVl. INDEX. ELECTEIC LIGHTING Acquisition and use of lands for... Appropriation of land for purposes of ACT. PAGE. E.L.O. 1897 art. 7 ... 338 0.1892 art. 1(3)... 303 ELECTEIC LIGHTING OEDEE, 1897 (Wallasey) Agreements for supply under ... ... E.L.O. 1897 arts. 20 & 26 Alterationof pipes, wires, &c., under street ,, ,, art. 13 Application of moneys under Appointment and duties of electric inspectors Approval of street works by Postmaster- General or Board of Trade ... Arbitration Order . under Electric Lighting Area of supply ... ... ... ... | Compensation under order ... . . . i Conditions of supply Definitions in order Distributing mains to be laid in specified j streets ... ... ... ... ( Expenses of electric inspector . . . Laying electric lines near gas or water pipes ... Maps of area of supply Maximum power... Maximum prices ... Methods of charging for . . . Mode and system of supply to be approved by Board of Trade Nature and amount of security under Notice of accidents and inquiries by Board of Trade Order may be revoked on failure to lay mains ... Penalties under Order arts.52&53 art. 27 ... art. 10 ... arts. 11,1 3 1 •14,16,58 art. 5 and) sched. 1) arts. 10, 11 13, 14, 16 arts.20&2J art. 2 art. 17 and) sched. 2} art. 39 ... art. 14 ... art. 51 ... art. 22 ... art. 25 and) sched.IV.j" art. 24 ... art. 6 art. 62 ... art. 29 ... art. 18 ... arts. 10 to 14; 23; 51; 60 and 61 (349 1353 344 (359 (360 353 340 341 344 347 361 338 366 341 347 (349 1350 336 348 366 356 346 358 352 353 366 352 338 364 354 349 340 346 352 358 363 INDEX. XVII. ACT. PAGE. Electric Lighting Order, 1897 (Wallasey) — Coitinued. Postmaster- General to have notice of works E.L.O. 1897 art. 10 Power to Ijreak up streets, railways and tramways ... ... ... ... ,, ,, art. 8 Proper instruments to he kept ... ... ,, ,, art. 33 Protection of mem])ers and ofificers of local authority from personal liahility ,, ,, art. 68 Protection of telegraphic and telephonic wires .. Purchase and use of lands for purposes of Eeadings of instruments as evidence ... Regulations as to meters... Remedying of system of supply, &c. Remuneration of electric inspectors Requisition to lay distributing mains ... Responsibility for damages Resti'ictions on breaking up streets, j bridges, railway, tramway, &c. ... ( Revocation of order Revocation of Wallasey Electric Lighting Licence, 1896 Sti'eet boxes for electrical purposes Testing of instruments Testing of mains... Testing stations may be ordered by Coui't of Summary Jurisdiction Testing supply at consumers' premises... Text of order Transfer of powers, &c. ... Undertakers for purposes of 340 339 355 365 ELECTRIC POWER For Tramways, provisions relating to 1 EMBANKMENT Agreement with Dock Board respecting At Seacombe authorised ... Cost, maintenance, and repair ... Protection of Wallasey Embankment j Connnissioner ... .. ... ( Promenade and embankment to New Brighton Road over Duke Street embankment ... » J art. 16 ... 347 t J art. 7 ... 338 >J art. 34 ... 355 ) > arts.40to50j3^y ?) art. 60 ... 363 J » art. 28 ... 353 )> art. 19 ... 349 ) J art. 67 ... 365 7} arts. 10, \ 340 j 342 11,12 7 1 arts.56to58 361 JJ art. 72 ... 365 T y art. 9 ... 339 J} arts.35to38-'^?^ (356 Jj art. 30 ... 354 7 ) art. 33 ... 355 1 ? art. 31 ... 355 ... 336 77 art. 59 ... 362 7 7 art. 4 ... 338 A 1899 ss. 37 1 392 to 41 1 396 A. 1872 (Sched.) ... 241 A. 1872 s. 7 ... 237 A. 1872 (Sched.) ... 242 A. 1845 s. 85; I 147 ) 279 A. 1890 s. 11 A. 1S96 s. 13 ... 321 A. 1867 s. 7 ... 216 XVIII. INDEX. ACT. PAGE. ENGINE Definition of A. 1899 s. 3 ...382 Power to provide, for tramways ,, ss.l6&43 oq^ Width of, for tramways ,, s. 21 (1) ... 389 ESTIMATES For General District Eates A. 1867 s. 36 ..224 Of expenses of private street works . . . - ( A. 1890 ss, 40 & 43 1 286 ••• ( (2)) 288 Particulars to be stated in street works .. A. 1890 (Sched. I.) 300 EVIDENCE Of bye-laws A. 1845 s. 251 ; \ 154 A. 1858 s. 59 180 A. 1867 s. 29 y 222 A. 1890 s. 85 299 \ (Note) j Orders of Board of Trade in E.L.O. 1897 art. 63 ...364 Readings of electric instruments receiv- able in E.L.O. 1897 s. 34 ...355 EXEMPTIONS From Pier rates or duties A. 1864 s. 10 ... 200 Improperly claiming, from Pier rates, &c., penalty A. 1864 s. 10 ...200 Of incumbent, minister, &c., from private street work expenses A. 1890 s. 50 ... 290 EXPENSES Of Electric Inspector E.L.O. 1897 art 39 ...356 ( A. 1864 s. 40 ; ) 208 , legal proceedings - A. 1867 s. 42 ; [ 225 ( A. 1890 s. 83 J 298 , Local Government inquiries A. 1896 s. 38 (2)... 327 , Objections to private street works ... A. 1890 s. 42 (3) .. 288 , Pulling down buildings for inspection A. 1890 s. 22 ... 281 , Private street works, apportionment... A. 1890 s. 44 ... 288 , Private street works, a charge on premises A. 1890 s. 47 ...289 , Private street works, contribution out of district fund or rate A. 1890 s. 49 ...290 , Private street works, estimate ... A. 1890ss.40M3(2) j^gg , Private street works, exemption of incumbent, &c A. 1890 s. 50 ...290 , Private street works, power for limited owner to borrow A. 1890 s. 51 ... 290 , Private street works, power for Urban Authority to borrow A. 1890 s. 52 ...290 INDEX. Expenses — Contuiucd. Of Private street works recovery , , Private street woi'ks, separate accounts ,, Eemoval and reinterment of human remains ,, Eemoval of monuments & tombstones FAEMHOUSE Inspection of, supplying milk to district FENCING During progress of building Fencing of allotments under Inclosure Acts ] ACT. XIX. PAGE. A. 1890 ss. 46, \ 289 47, 48 j 290 A. 1890 s. 55 ... 291 A. 1899 s. 51 (5) ... 400 A. 1899 8. 51 (7) ... 400 Glebe Lands Lands on Promenade i Incl ,, Lands on adjoining streets ... j Unfenced ground a " street " and " public L)ldiO(3 ••• ••• ••• ••• •/• Use of unfenced land for display of wares A. 1890 s. 57 A. 1890 s. 23 A. 1809 s. 19 ; A. 1814 s. 27 , A. 1814 s. 24 A. 1896 s. 41 (3) ; s. 42 (3) ; s. 43 (3&11) A. 1845 s. 118; A. 1890 s. 24 A. 1890 s. 6 A. 1890 s. 6 292 282 18 57 56 328 330 831 333 \ 150 ) 282 ,,. 278 .. 278 FEEEIES Accommodation for goods and animals at Borrowing powers for Bye-laws for regulating of Depreciation and renewal fund ... ... ^ Disputes as to tolls and weight ... Jurisdiction of Wirral Justices over ferry boats, &c. A. 1867 s. A. 1858 s. A. 1861 s. A. 1864 s. A. 1872 s. O. (No. 1) 0. 1881 ar 0. 1883 ar O. 1895 ar O. 1897 ar A. 1858SS. A. 1867 ss. A. 1872 s A. 1872 s. O. 1883 ar A. 1858 ss 24 60; \ 3; 21; 17; 1877 art. 3 t. 1 t. 2 t. 1 ■t. 1 , 51 to 59 , 28 & 29 14 22; ) t. 3 ) .43&44 ... 221 181 189 203 239 249 258 264 311 369 179 180 222 239 241 265 177 Mooring at Ferry Works. A. 1890 s. 76 ... 297 A. 1867 s. 28; [ 222 A.] 872s. 14 ) 239 XX. INDEX. Perries — Continued. Passengers evading tolls .. . Passengers refusing toll ... Passengers refusing to produce tickets . . . Plying of passenger ferry during fog Power to hire and charter steam-boats .. Power to lease or purchase Power to levy tolls Power to negotiate for existing ferries . . . Power to provide steam-boats, &c. Power to sell or let steam-boats... Purchase of Messrs. Coulborn's interest, preamble, and Purchase of reversion of Seacombe Ferry Eecovery of tolls ... Specified tolls not to be exceeded Tolls after January 1st, 1868 Tolls or rates may be altered Tolls to be charged equally Wallasey Ferries account FIEE Application of Town Police Clauses Act, 1847, respecting Construction of houses for prevention of, Towns Improvement Clauses Act, 1847, applied... FLOATING STAGE At Seacombe authorised ... FOG ACT. A. 1858 s. 46; A. 1867 s. 26 ; A. 1872 s. 15 A. 1867 s. 27 A. 1890 s. 74 A. 1890 s. 75 A. 1858 s. 37 A. 1845 s. 86 ; A. 1858 s. 36 A. 1858 s. 39 ; A. 1867 s. 20 A. 1858 s. 38 A. 1845 s. 87 ; A. 1858 s. 37; A. 1864 s. 17 A. 1864 s. 17 A. 1861 s. 7 A. 1861 s. 6 A. 1858 s. 42 ; A. 1867 s. 23 A. 1858 s. 41 ; A. 1867 s. 22 A. 1867 s. 20 ; and sched. C A. 1864 s. 16; A. 1867 s. 23 A. 1858 s. 40 ; A. 1867 s. 21 A. 1858 s. 39 A. 1872 s. 7 PAGE. 178 221 239 221 297 297 175 148 174 176 220 175 149 175 202 202 191 191 177 220 176 220 ) 220 I 226 202 220 176 220 176 O. 1852 art. 17 ... 163 O. 1852 art. 17 ... 163 237 Seacombe Ferry steamers plying during A. 1890 s. 75 ... 297 FOOD Inspection and destruction of unsound... A. 1890 s. 67 ... 295 INDEX. FOOTWAYS Across open lands to promenade and Foreshore Alterations of, to promenade Arbitration as to ... Deposit of plan showing ... Distance between tramway rails and Penalty for driving across Protection of Pi'Dvision for Horses and vehicles crossing Set out by Commissioner ... FOEESHOEE Access by frontagers to ... Agreement for lease at New Brighton . . . ] A " street " and " public place "... Bathing from Crown Eights in, reserved ... ... ] Footways to promenade and Meaning of... Protection of owners of land abutting on. Provisions relating to Purchase of (agreement with Dock Board.) Eeclamation of, at Seacombe Eegulation of user of Eights of E. C. De Grey Vyner in FOEGEEY Of stamps or marks of Urban authority... ACT. A. 1896 s. 21 A. 1896 s. 21 A. 1896 s. 21 A. 1896 s. 21 A. 1899 s. 25 A. 1890 s. 15 A. 1890 s. 15 A. 1890 s. 15 XXI. PAGE. (3)... (2)... (2)... A. 1896 A. 1896 A. 1896 A. 1896 A. 1896 A. 1864 A. 1890 A. 1890 A. 1872 A. 1890 A. 1896 A. 1890 A. 1890 A. 1890 A. 1872 A. 1872 A. 1890 A. 1890 s. 21 s. 41 s. 42 s. 43 s. 44 s. 43 & sched. s. 6 s. 8 s. 10 s. 87 s. 21 s. 3 s. 12 ss. 6 to 12 (Sched.) s. 7 s. 7 • . s. 88 A. 1890 s. 71 322 323 322 322 390 279 279 279 22 61 322 327 329 331 333 208 209 278 278 238 299 322 277 279 277 279 241 237 278 299 290 FEONTAGEES Access of, to promenade ... Arbitration re footways with Meaning of Objections by, to footways to promenade f A. 1896 s. 21 ; and] ^^ '( s«- 41 to 44) 333 A. 1896 s. 21 (2)... 322 A. 1896 s. 3 ... 318 A. 1896 s. 21 (2)... 322 XXII. GAS INDEX. ACT. PAGE. Altering position of mains or pipes Borrowing powers for Breaking up streets adjacent to district to lay pipes Bye-laws and regulations as to supply ... Consumption by meter Costs of testing Fittings, inspection and control of Fittings, supply of.. Justices maj' order testing of Laying electric lines near gas pipes Maximum price of . . Meter to test power of Power to manufacture and supply i E. Quality of ... -I Eemoval of pipes and fittings from unoc- cupied houses Eents to form part of Wallasey Lighting Account Sale of mains or pipes to outside authorities Security for payment of . . . Service pipes, how provided Supply of, to outside authorities and others Tampering with meters ... GASWOEKS Acquisition of land for Application of Gasworks Clauses Act, 1847 Construction of, authorised A. 1896 s. 17 . 321 A. 1858 s. 60; 181 A. 1861 s. 3 ; 189 A. 1867 s. 30 ; 222 0. (No. 1) 1877, 249 art. 2 ; ;, 0. 1883 art. 1 ; 264 0. 1892 art. 2 ; 303 0. 1896 art. 1 ; 314 0. 1898 art. 1 j 376 A. 1890 s. 73 (s. 2; ) 296 A. 1867 s. 15 . 219 A. 1858 s. 18 . 171 A. 1858 s. 26 .. . 173 A. 1867 s. 15; ) 219 A. 1890 s. 70 ) 295 A. 1864 s. 19; | 203 A. 1867 s. 15 j 219 A. 1858 s. 25 172 [..0. 1897 art. 14 .. 346 A. 1858 s. 22; \ 172 A. 1867 s. 13 218 A. 1858 s. 24 172 A. 1858 s. 17 171 A. 1858 s. 23 ; ) 172 A. 1867 s. 14 j" 218 'A. 1858 s. 20 171 A. 1858 s. 30 ; ) 173 A. 1867 s. 10 1 218 i A. 1890 s. 73 (s.s. 3) 296 A. 1867 ss. 11 & 12 218 A. 1858 s. 18 ... 171 A. 1890 s. 73 ... 296 A. 1858 s. 19 ... 171 A. 1867 s. 9; \ 217 0. (No. 1) 1877 I art. 5 ; [250 O. 1892 art. 1 J 303 A. 1858 s. 5 ; ) 169 A. 1867 s. 3 ; '- 216 A. 1890 s. 73 J 296 A. 1858 s. 17 ... 171 INDEX. Gasworks — Con tin ucd. Depreciation and renewal Fund... Extension of ACT. Mortgage of GAUGE Of tramways Power to alter GOATS Not to be used for drawing carts GOODS Accommodation for, at Ferries .. Bj^e-laws as to loading, kc. Carriage of, upon tramways Detention of ... Fen-y tolls for Weighing and measuring GREAT FLOAT Communication across ... HABITATION Buildings improperly used for, penalty Cellars in courts not to be used for HACKNEY CAERIAGES Include "omnibus" Meaning of Regulation of A. 1872 O. 1883 A. 1867 O. (No. 0. 1892 A. 1858 A. 1861 A. 1867 O. (No. O. 1883 O. 1892 O. 1896 O. 1898 s. 22; art. 3 s. 9; 1) 1877 art. 5 ; art. 1 s. 60; s. 3; s. 30; 1) 1877 art. 2 ; art. 1 ; art. 2 ; art. 1 ; art. 1 XXIII. PAGE. I 211 ) 265 217 250 303 181 189 222 249 264 303 314 376 A. 1899 s. 21 (1) . . 389 A. 1899s. 21 (1)... 389 A. 1845 s. 187 ... 151 A. 1867 s. 24 A. 1858 s. 51 A. 1899 s. 32 A. 1858 ss. 43, 44,1 49 & 50 J A. 1858 s. 39 ; A. 1867 s. 20 ; and sched. C. A. 1858 ss. 44 and 45 A. 1867 s. 7 221 179 391 177 178 179 176 220 I 226 ) 177 j 178 ,. 216 A. 1890 s. 24 and ) oao s. 251 ^^^ A. 1845 s. 142 ... 150 0.1888 art. 1 ... 270 A. 1845 s. 327 ... 155 O. 1852 art. 17 ; ) 163 O. 1888 art. 1 toS' 270 j 271 XXIV. INDEX, ACT. PAGE. HARBOURS, DOCKS, AND PIERS CLAUSES ACT, 1847. Incorporated with local act HEIGHT Of buildings ,, rooms ... HIGHWAYS Adoption of private streets, as ... ... ] Highways and roads over commons and | waste lands set out — Award ... ) Public Carriage roads and highways in ) Discard set out — Award ... ... j Public, over commons, to be not less than 30 feet wide ... HOARDINGS Bye-laws for erection and removal of ... Exhibition of advertisements on Erection during progress of buildings . . . HOISTS Using improper or insufficient tackle ... A. 1845 ss. 153-154 150 HOLLAND Provisions relating to lands of the late A. 1872 s. 3 ... 236 A. 1890 s. 18 ... 280 A. 1890 s. 19 ... 281 A. 1890 ss .. 53 \ 290 and 54) 291 f 22 ( 61 ( 22 i 61 A. 1809 s. 26 ... 20 A. 1890 s. 79 ... 298 A. 1890 s. 79 ... 298 A. 1890 s. 23 ... 282 Chas. Holland A. 1896 s. 41 ... 327 Provisions relating to lands of the Edgar Swinton Holland late A. 1896 s. 42 ... 329 HOLLAND ROAD Slipway to be made to shore from ... A. 1896s. 41(4).,. 328 HORSES Power to license owners or drivers f 0.1852 art. 18 ( 164 0.1888 arts. 1 - 270 and 2 { 271 Provision for, crossing: footways A. 1890 s. 15 ... 279 HOUSES Back yards of, to be paved A. 1890 s. 27 ...283 Buildings improperly used as A. 1890 s. 25 ... 282 Certificate of compliance with bye- laws, &c A. 1890 s. 20 ...281 Construction for prevention of fire, Towns Improvement Clauses Act, 1847, applied O. 1852 art. 17 ...163 Definition of A. 1845 s. 327 ...155 Disinfection of A. 1890 s. 59 ...292 rNDEX. Houses — Continued. Drainage and water supply before occupation Duty to disinfect before ceasing to occupy Electric Conductors, &c., may be attached to Entering for disinfecting... Height of rooms ... Inspection of building in progress Notification of infectious disease to owner or intended occupier... Numbering... Obliterating or removing numbers Occupied by labouring class, purchase I restricted Overcrowded Owners compounding for water... Owners to obtain water supply ... Owner to pay water rate for houses let less than quarterly ... Precautions during construction and repair, Towns Improvement Clauses Act, 1847, applied ... Purchase of, for streets ... Purchase of portions of, only ... Eemoval of projecting Temporary shelter during disinfection of Unoccupied not rateable ... HUMAN EEMAINS Contents of notice of removal of... Council may remove Executor, &c., of deceased person may remove Expenses of removal and re-interment ... Notice of removal of, to be published ... Eemoval of, in Congregational Church- yard in Rake Lane ... Eemoval of, under supervision of Medical Officer of Healtli IMPEOVEMENTS Application of Towns Improvement Clauses Act, 1847 May be executed at expense of owners... XXV. ACT. PAGE. A. 1890 s. 20 .. 281 A. 1890 s. 60 .. 293 A. 1899 s. 38 . .. 393 A. 1890 s. 68 .. 295 A. 1890 s. 19 .. 281 A. 1890 s. 21 .. 281 A. 1890 s. 60 .. 293 A. 1890 s. 16 . .. 280 A. 1890 s. 16 .. 280 C.A. 1892 s. 2 \ 301 A. 1896 s. 10 320 E.L.O. 1897 art. 7 ■ 338 A. 1899 s. 12 385 A. 1867 s. 39 .. 225 A. 1867 s. 18 ,.. 219 A. 1867 s. 16 ... 219 A. 1890 s. 72 ,.. 296 0. 1852 art. 17 ... 163 A. 1864 s. 34 ... 207 A. 1896 s. 7 ... 319 A. 1864 s. 33 ... 207 A. 1890 s. 66 ... 295 A. 1845 s. 294 ... 154 A. 1899 s. 51(2) ... 401 A. 1899 s. 51(6) ... 401 A. 1899 s. 51 (3) ... 401 A. 1899 s. 51 (5) ... 401 A. 1899 s. 51 (2) ... 401 A. 1899 s. 51 ... 400 A. 1899 s. 51 (8) ... 401 0. 1852 art. 17 ... 163 A. 1858 s. 80 ... 185 XXVI. INDEX. ACT. INCLOSUEE ACTS Awards under Text of Liscard Inclosure Act, 1809 Wallasey „ 1814 ... INFECTIOUS DISEASE Definition of Detention in hospital of infected person without lodging Sanitary precautions against INSPECTION Expense of pulling down buildings for ... Of buildings Of bye-laws, not permitting Of dairies, farmhouses, &c. Of drains or sewers Of tramways by Board of Trade Of rails of tramway Of unsound food ... INVESTMENTS Power to invest ... Returns to Local Government Board of JUSTICES Bye-laws examined by ... Detention in hospital of infected persons directed by ... Determination of objections by, private street works ... Dismissal or suspension of constables by Errors in deposited plans corrected by .. PAGE. ( 22 1 61 13 48 A. 1890 s. 3 .. 277 A. 1890 s. 65 A. 1890 ss. 56 to 69 A. 1890 s. 22 A. 1890 s. 21 A. 1858 s. 57 A. 1890 s. 57 A. 1890 s. 21 A. 1899 ss. 18 ] and 23 (2) [ A. 1899 s. 23 A. 1890 s. 67 294 (291 (295 281 281 180 292 281 389 389 295 A. 1867 s. 34 A. 1899 s. 63 0. 1881 art. 2 O. 1883 art. 8 0. 1892 art. 2 A. 1896 s. 34 ; 0. 1897 art. 9 A. 1858 s. 54 ; A. 1867 s. 29 A. 1890 s. 65 ) 223 T 406 \ 259 266 [ 303 326 ) 372 \ 180 ) 222 .. 294 A.1890ss.42&46(3)-2g9 A. 1845 s. 256 ... 154 f A. 1896 s. 6 ) 319 ■( A. 1899 s. 6 I 382 Establishment of testing stations directed by E.L.O. 1897 art. 32 ...355 Inspection of buildings improperly used for habitation authorised by Inspection of farmhouses, dairies, &c. authorised by Not disqualified by contract or liability ( to rates ... ... .. ... ( A. 1890 s. 25 ... 282 A. 1890 s. 57 ... 292 A. 1858 s. 83 ; A 1867 s. 40 ] 186 J 225 INDEX. Justices — Continued. Of Wirral to have jurisdiction over river offences Order to test gas by Eemoval and burial of infected body ordered by Security for gas and water determined by LABOUEING CLASS Definition of E. (E ... ^ Purchase of liouses occupied by, res- ]. tricted ... ... ... ...IE. LAND Abutting on Foreshore protected x\cquisition of, for electric lighting ,, for gasworks ... , , for refuse destructor. . . Adjoining streets to be fenced ... Certain lands may be sold, &c. Compulsory purchase of part only Correction of erroneous description of, in plans Covered witli sandhills, control of Definition of Enclosed lands, definition of Extinction of rights over "open lands" Laying out of " open lands " Of Dock J)Oard protected ,, late Charles Holland, provisions relating to ,, late P. M. Vaiighan, provisions re- lating to XXVII. ACT. PAGE. A. 1890 s. 76 ... 297 A. 1858 s. 25 ... 172 A. 1890 s. 63 294 A. 1867 s. 12 218 C.A. 1892 s. 2 ; \ A. 1896 s. 10 (2) 1 L.O. 1897 art. 7 A. 1899 s. 12 (3) 301 320 338 385 C.A. 1892 s. 2 ; A. 1896 s. 10 : L.O. 1897 art. 7 A. 1899 s. 12 301 320 338 385 A. 1890 s. 12 . 279 0. 1892 art. 1 ; ) L.O. 1897 art. 7 ) 303 338 A. 1867 s. 9 ; ^ 0. (No. 1) 1877, art. 5 ; 0. 1892 art. 1 217 250 303 0. 1892 art. 1 .. 303 A. 1845 s. 118 ; ) A. 1890 s. 24 ) 150 282 A. 1845 s. 84 ; A. 1858 s. 68 ; A. 1864 s. 20 ; 0. (No, 1) 1877, art. 1 A. 1896 s. 12 A. 1899 s. 13 147 184 203 ,. 248 320 ' 386 A. 1896 s. 7 ) A. 1899 s. 8 319 383 A. 1896 s. 6 ) A. 1899 s. 6 319 382 A. 1845 s. 85 . 147 A. 1845 s. 327 .. . 155 A. 1896 s. 3 . 319 A. 1896s. 21 (6).. . 323 A. 1896 s. 21 . 322 A. 1858 s. 10; ] A. 1890 s. 89 J 170 " 299 A. 1896 s. 41 . 327 A. 1896 s. 43 . 331 XXVIII. INDEX. Land — Continued. " Open lands," definition... Period for compulsory purchase... Power to grant easements affecting Proceeds of sale of surplus lands ■■■( ( ACT. A. 1896 s. A. 1858 s. A. 1864 s. A. 1896 s. A. 1899 s. A. 1896 s. A. 1899 s. A. 1864 s. A. 1896 s. A. 1899 s. A. 1896 s. A. 1899 ss, 3 8; 13; 8; 7 11 10 6; 5 5 35 14&62 J Protection of owners of, in Seabank Eoad A. 1899 s. 17 ,, Wirral Eailway Co., as owners of Purchase of additional , , , , for streets ... "... Security of district fund and rate for purchase, &c.... LANDING STAGE Admiralty approval to construction, alteration, or extension Anchoring and Mooring near Exemptions from Pier rates or duties ... Floating stage at Seacombe authorised. . Land acquired for, may be sold, &c., ... Lease of Foreshore for ... Lights to be exhibited on Period for completing at New Brighton Power to construct at New Brighton ... LANDS CLAUSES ACTS Application of Enforced for approaches to Seacombe Ferry ... Section 92 of Lands Clauses Act not to ( apply in certain cases ... ... ( LAUNDEY List of customers to be supplied A. 1899 s. 49 A. 1896 s. 9 A. 1899 s. 11 A. 1864 s. 34 A. 1896 s. 23 A. 1864 s. 8 A. 1867 s. 28 A. 1872 s. 14 A. 1864 s. 10 A. 1872 s. 7 O. (No. 1) 1877 art. 1 A. 1864 s. 43 and schedule A. 1864 s. 9 A. 1864 s. 14 A. 1864 s. 7 A. 1858 s. 5 A. 1864 s 3 A. 1867 s. 3 A. 1872 s. 3 A. 1896 s. 2 A. 1899 s. 2 PAGE. .. 318 170 201 320 383 320 385 199 319 382 327 386 406 388 397 320 385 207 323 .. 200 ) 222 ) 239 .. 200 .. 237 I 248 ) 208 )' 209 ... 200 ... 201 ... 199 169 199 216 236 318 382 0.1876 ... 244 A. 1896 s. 7 ) 319 A. 1899 s. 8 (ss. 2)1 384 A. 1890 s. 58 292 INDEX. LAVATOEIES Provisions for public LEASOWES EMBANKMENT Protection of Commissioners of LICENCES Of bathing machine proprietor, conditions ,, drivers and conductors ,, hacliney carriage ,, owners or drivers of mules ... ,, porters ... ,, slaughter houses, period of .. Eevocation of Wallasey Electric Lighting LIGHTING Included in private street works Promenade Eate, how to be made and recovered Eate may be levied on separate districts . Eate, power to levy Streets Wallasey lighting account created LIGHTS Commissioners of Northern, exempted from pier rates Exhibition of, on piers or landing stage. . LISCAED Act for inclosing waste lands in township, 1809, text of x\ward of Commissioners under Inclosure Act of 1809 Boundaries of township, award ... LISCAED BATTEEY Protection of rights of War department respecting LISCAED VALE Access to promenade and shore from . . . Provisions relating to E, XXIX. ACT. PAGE. A. 1890 s. 31 . 284 A. 1845 s. 85 ; A. 1890 s. 11 147 279 A. 1890 s. 9 . 278 0. 1852 art. 17 ; i 0. 1888arts.l&2 163 - 270 271 0. 1852 art. 17 ; ) 0. 1888 arts. 1 & 2 163 - 270 271 0.1852 art. 18 .. . 164 A. 1845 ss. 236, 1 237, 240 152 A. 1890 s. 77 . 297 L.O. 1897 art. 72 . . 365 A. 1890 s. 40 . 286 A. 1896 s. 18 A. 1899 s. 56 321 402 A. 1858 s. 33 . 174 A. 1858 s. 31 . 173 A. 1858 s. 29 . 173 A. 1858 s. 17 . 171 A. 1858 s. 29 . 173 A. 1864 s. 10 . 200 A 1864 s. 9 . 200 13 22 22 A. 1896 s. 46 ... 333 A. 1896 s. 41 (7)... 328 A. 1896 s. 41 ... 327 XXX. INDEX. LOANS Application of Local Loans Act, 1875, applied to Protection of lender from inquiry Kepayment of ACT. / A. 1858 ss. 63to67 A. 1861 s. 3; A. 1861 s. 21 A. 1867 s. 37 A. 1872 s. 17 A. 1896 s. 36 O. 1897 art. 7 ; A. 1899 s. 62 O. 1892 art. 2 (2) A. 1896 s. 24 ; O. 1897 art. 2 ; A. 1899 s. 62 f A. 1896 s. 37 ; ••• 1 A. 1899 s. 62 Subject to trusts A. 1864 s. 27 ; A. 1867 s. 33 ; 0.1877 (No. 1.) 0.1883 arts.2&4 to 8; O. 1892 art. 2 ; O. 1895 art. 1 ; A. 1896s3.27to29 O. 1897 arts. 3 to 6 A. 1899 s. 61 A. 1896 s. 31; ) A. 1899 s. 62 f PAGE. 182 183 189 203 224 239 327 372 406 304 323 370 406 327 406 205 223 249 264 266 303 311 324 370 372 405 325 406 LOCAL GOVERNMENT BOARD x\pproval to additional loans, promenade. Costs of local inquiries by ... Direction as to repayments and sinking fund by Inquiries by inspectors of Returns to, respecting repayment of loans and sinking fund A. 1896 s. 23(2)... 323 0. 1892 art. 2 (10) 306 A. 1896 s. 38 (2) ; 327 0. 1897 art. 10 ; ■ 373 A. 1899 s. 62 406 0. 1881 art. 2 ; 259 0. 1883 art. 8; 266 0. 1892 art. 2 ; - 303 A. 1896 s. 34 ; 326 A. 1899 s. 62 J 406 A. 1896 s. 38; 1 327 A. 1899 s. 62 J 406 0. 1881 art. 2 ; 259 O. 1883 art. 8 ; 266 0. 1892 art. 2 ; 303 A. 1896 s. 34; ' 326 0. 1897 art. 9 ; 372 A. 1899 s. 62 j 406 LOCAL LOANS ACT, 1875 Available for raising money S. 15 not to apply to sinking fund under | INDEX. ACT. XXXI. PAGE. ( 1 0. 1892 art. 2 \ 304 (s.s. 2); • • • j A. 1896 s. 24 ; }- 323 0. 1897 art. 2 J 370 \ A. 1899 s. 62 / 406 1 LODGINGS Persons letting, rateable as occupiers ... Persons infected without, may be detained in hospital MAGAZINE LANE Slipways to be made to shore from MAINS Altering position of Distributing Mains for electric lighting Laying electric lines near Requisition to lay distributing ... Sale of to outside authorities ... Testing of distributing mains MANORS Protection of manorial rights MARKETS Markets and Fairs Clauses Act, 1847, incorporated ... Power to provide ... MARKS Forging stamps or, of urban authority... MARL Allotments for Marl ,, ,, may be sold, Sec. ... MECHANICAL POWER Board of Trade may make regulations for use of Electrical, for tramways .. May Iju used for tramwajs Penalty for improper use of Works, subject to sec. 30 of Tramways Act, 1870 A. 1896 s. 29 (6) ; i 325 A. 1899 s. 62 ) 406 A. 1845 s. 300 ... 155 A. 1890 8. 65 ... 294 A. 1896 s. 41 (4) ... 328 f A. 1896 s. 17 ; ) 321 ( A. 1899 s. 56 ) 402 E.L.O. 1897 art. 17; ) 338 and schedule 2 1 366 E.L.O. 1897 art. 14 . . 346 E.L.O. 1897 art. 19 . . 349 A. 1890 s. 73 (3) . . 296 E.L.O. 1897 art. 30 . . 354 A. 1814 s. 35 . 60 0.1852 art. 17 .. . 163 A. 1845 s. 198 .. . 151 A. 1890 s. 71 . 296 1 A. 1814 s. 17 ; 54 - 22 61 "j Awards ( A. 1845 s. 84 ; ] 147 A. 1858 s. 68 ; ■ 184 A. 1864 s. 20 203 A. 1899 s. 37 (2)... 392 A. 1899 ss. 37-41 | ^^g A. 1899 s. 37 ... 392 A. 1899s.37ss.3&4 392 A. 1899 s. 41 ... 396 XXXII. INDEX. ACT. PAGE. A. 1890 s. 56 ... 291 A. 1890 s. 59 ... 292 A. 1890 s. 61 ... 293 A. 1890 s. 62 ... 293 A. 1890 s. 65 ... 294 A. 1890 s. 57 ... 292 MEDICAL OFFICER OF HEALTH x\ttributing infectious disease to milk ... Certificate of, as to cleansing and dis- infecting Certificate of, as to retention of infected body Certificate of, as to removal of body from hospital for burial Certificate of, as to detention in hospital of infected person without lodging Inspection of dairies, farmhouses, by ... Removal of human remains under super- vision of A. 1899 s. 51 (8) ... 401 MEMBERS Of urban authority, qualification, note to 0. 1852 arts. 2 to 5 161 Protection of officers and ... E.L.O. 1897 art. 68 ...365 MERSEY CONSERVANCY COMMISSIONERS ( A. 1890 s. 90 ; ) 299 Protection of A. 1896 s. 45 ; ' 333 I A. 1899 s. 57 J 403 MERSEY DOCKS AND HARBOUR BOARD Agreement as to river wall A. 1872 sched. ... 241 Confirmation of agreement as to river wall A. 1872 s. 13 ...239 Contribution to cost and maintenance of river wall A. 1872 sched. ...241 Liability to rates A. 1858 s. 35 ... 174 Marginal sewer of A. 1867 s. 8 ...217 Protection of Estate, and rights of ... | f Jgg^ J' gg ' } ^99 Streets and roads of, protected from tramways ... ... ... ... A. 1867 s. 6 ... 216 To secure communication between Seacombe and Birkenhead... ... A. 1867 s. 7 .. 216 METER Consumption of gas by ... .. ... A. 1858 s. 18 ... 171 Regulations as to, in Electric Lighting (E.L.O. 1897 arts. 40) 356 Order 1 to 50) 358 Removal of, from unoccupied premises... A. 1858 s. 20 ... 171 Tampering with A 1858 s. 19 ... 171 Testing power by A. 1858 s. 24 ...172 MILK Purveyors to furnish list of customers ... A 1890 s. 56 ... 291 Supplying milk from prohibited dairies, &c. A. 1890 s. 57 ... 292 INDEX. MILK SHOPS Inspection of Occupier of, or milk store, to furnish list of customers Supplying milk from, prohibited in certain CciSGS ... ..I ••• ... ••• MOOEING Byelaws regulating, of vessels ... ACT. XXXIII. PAGE. A. 1890 s. 57 ... 292 A. 1890 s. 56 ... 291 A. 1890 s. 67 ... 292 A. 1867 s. 28 ; ) 222 A. 1872 s. 14 ) 239 MOETGAGES Application of moneys borrowed . '\ Charge on General District Fund and Eate Issue and payment of Coupons for interest on Local Loans Act, 1875, to apply Mortgagees may appoint Eeceivers Power to Borrow : Ferries I ... . Gas A. 1861s. 3; A. 1864 s. 21 : A. 1867 s. 37; A. 1872 s. 17; A. 1896 s. 36 ; O. 1897 art. 7 A. 1899 s. 62 A. 1858ss.63to67v 182 183 189 203 V 224 239 327 372 406 A. 1867 s. 36; A. 1890 s. 52; A. 1896 s. 23 ; A. 1899 s. 60 A. 1867 ss. 34 & 35 0.1892 art. 2; A. 1896 s. 24; 0. 1897 art. 2 ; A. 1899 s. 62 A. 1896 s. 32; O. 1897 art. 8; A. 1899 s. 62 A. 1858 s. 60 ; A. 1861 s. 3 ; A. 1864 s. 21 ; A. 1872 s. 17 ; 0.1877 (No. 1.) art. 3 ; O. 1881 art. 1; O. 1883 art. 2 ; O. 1895 art. 1 ; 0. 1897 art. 1 A. 1858 s. 60 ; A. 1861 s. 3 ; A. 1867 s. 30 ; O. 1877 (No. 1.) art. 2 ; 224 290 323 405 223 303 323 370 406 326 372 406 181 189 203 239 249 258 264 311 369 181 189 222 249 0. 1883 art. 1 ; 264 0. 1892 art. 2; 303 0. 1896 art. 1; 314 0. 1898 art. 1 ' 375 XXXIV. INDEX. ACT. PAGE. Mortgages — Con tiniied. Power to Borrow : Private Street Works ,, Purchase of land, promenade t ,, Water Priority of... Protection of lender from inquiry Public Health Act to apply to ... Eepayment of Eeturns as to repayments and sinking fund ... Subject to Trusts ... Surrender of ...I A. 1890 s. 52 . 290 A. 1896 ss. 23 & 33 323 - 326 A. 1899 s. 60 405 A. 1858 s. 60; 181 A. 1861 s. 3; 189 0. 1863 ; 194 A. 1864 s. 28; V 206 0. 1870 art. 6 ; 232 A. 1872 s. 17 ; • 239 0. 1894 art. 1 308 A. 1858 s. 62 ; 182 A. 1861 s. 5 ; 190 A. 1864 s. 23 ; 204 A. 1867 s. 31; I 222 A. 1872 s. 19 ; 240 0. 1883 art. 9 ; 267 A. 1896 s. 30 325 A. 1896 s. 37 ; 327 A. 1899 s. 62 406 A. 1858 s. 61 ; 182 A. 1861 s 4 ; 190 A. 1864 s. 22 ; 204 A. 1867 s. 32 ; 223 A. 1872 s. 18 ; 240 0. 1877 (No. 1.) art. 4 ; 249 0. 1881 art. 1 ; " 258 0. 1883 arts. 1&2 ; 264 0. 1892 art. 2 ; 303 A. 1896 s. 26 ; 324 0. 1897 art. 2 ; 370 A. 1899 s. 62 J 406 A. 1864 s. 27; 205 A. 1867 s. 33 ; 223 0. 1877 (No. 1.) art. 4 ; 249 0. 1883 arts. 2, & 264 4 to 8 266 0. 1892 art. 2 ; - 303 0. 1895 art. 1 ; 311 A.1896ss.27to29 324 0. 1897 arts. 3 370 to 6 372 A. 1899 ss. 61, 62 405 406 0. 1881 art. 2 ; 259 0. 1883 art. 8 ; 266 0.1892 art. 2; - 303 A. 1896 s. 34; 326 0. 1897 art. 9 372 A. 1896 s. 31; ) 325 A. 1899 s. 62 ) 406 A. 1864 s. 26; 1 205 A. 1867 s. 33 1 223 INDEX. MOETU ARIES Removal of body of infected person to ... MULES Power to license owners or drivers of ... MUSICIANS In sti'eet, to depart when desired NAVY Service exempted from pier rates or duties NEW BRIGHTON FERRY Exemptions from pier rates or duties, at Lease of foreshore for pier Period to complete pier or stage Power to construct pier or landing stage Power to lease or purchase NEW BRIGHTON PIER COMPANY Protection of NOTICES Authentication of . . , Contents of, to treat Of removal of human remains ... Publication of notice or resolution Service of ... I To be given to Postmaster General on laying electric wire ... Under Electric Lighting Order ... ... E. NUISANCES Abatement of, s. 104 Towns Improvement Clauses Act, 1847, applied ... Committed in executing Provisional Order E. Council not to permit, on lands purchased Embanking offensive matter Entering premises for removal of Examination of drains, itc. Houses without water In streets, Town Police Clauses Act, 1847, ineoi'porated ... On boats, suppression of ... Overcrowded houses ACT. A. 1890ss. 62&63 XXXV. PAGE. ( 293 1 294 0.1852 art. 18 ... 164 A. 1845 s. 188 ... 151 A. 1864 s. 10 200 A. 1864 s. 10 200 A. 1864 s. 43 \ and sched. ) 208 209 A. 1864 s. 14 201 A. 1864 s. 7 199 A. 1858 s. 36 174 A. 1899 s. 59 404 A. 1858 s. 82 ) A. 1890 s. 84 A. 1899 s. 67 186 298 408 A. 1899 s. 8 383 A. 1899 s. 51(2) ... 401 A. 1890 sched. II 300 A. 1890 s. 84 ; ) A. 1899 s. 67 1 298 408 A. 1899 s. 40 (2) ... 394 L.O. 1897arts.54&55 360 0. 1852 art. 17 . .. 163 L.O. 1897 art. 70 . .. 365 A. 1896 s. 9 .. 320 A. 1864 s. 35 .. 208 A. 1890 s. 68 . .. 295 A. 1890 s. 36 .. 286 A. 1807 s. 16 .. 219 0. 1852 art. 17 . .. 163 A. 1858 s. 51 .. 179 A. 1867 s. 39 .. 225 XXXVI. INDEX. Nuisances — Continued. Prevention of, s. 104, Towns Improve- ACT. PAGE. ment Clauses Act, 1847, applied ... 0. 1852 art. 17 . .. 163 Prosecutions for . . A. 1864 s. 40 .. 208 Slaughter-houses prejudicial to health ... A. 1890 s. 77 .. 297 NUMBEEING Houses, ... ... .... A. 1890 s. 16 .. 280 Obliterating or removing numbers A. 1890 s. 16 .. 280 NUESES For attendance upon infected persons ... A. 1890 s. 66 .. 295 OBJECTIONS Costs of, to private sti'eet works... A. 1890 s. 42 (3) .. 288 ,, to notice to treat... A. 1899 s. 8 (1) . .. 383 Determination of, private street works... A 1890 ss. 42 and 46 (3) 1 287 )■ 289 Final apportionment; to, private street... A. 1890 s. 46 (2) . .. 289 Frontagers to footways, by A. 1896 s. 21 (2) . .. 322 Private street works, to A. 1890 s. 41 .. 287 To sell parts only of certain lands, &c. ... A. 1899 s. 8 (1) . .. 383 OBSTEUCTION Of drains or sewers, penalty ... ... A. 1890 s. 33 ... 285 Removal of, in streets. Town Police Clauses Act, 1847, applied 0. 1852 art. 17 ... 163 Eemoval of, in streets, Towns Improve- ment Clauses Act, 1847, applied ... OCCUPIEE Cleaning of courts, and passages by Connecting drains at expense of... Correction in plans of misdescription of Duty of, to disinfect house Failing to notify disease Fencing vacant or waste lands by For less than a quarter may deduct water- rate from rent Of dairy or milkshop to furnish list of customers ,, projecting building, compensation on removal to ,, uncertified new house, penalty Eepair of vaults, cellars, &c., by 0. 1852 art. 17 ... 163 A. 1890 s. 28 ... 284 A. 1864 s. 31 ; A. 1890 s. 35; I 206 } 285 A. 1896 s. 6; A. 1899 s. 6 ) 319 j"382 A. 1890 s. 60 ... 293 A. 1890 s. 60 ... 293 A. 1890 s. 24 . . 282 A. 1890 s. 72 ... 296 A. 1890 s. 56 ... 291 A. 1864 s. 33 ... 207 A. 1890 s. 20 ... 281 A. 1890 s. 26 ... 283 INDEX. OPFICEES Protection of niembei's and, from ( liability ... ... ... ( OMNIBUSES Definition of Eegulation of drivers and conductors ... Town Police Clauses Act, 1847, applied OPEN LANDS Definition of Laying out, on Promenade as pleasure grounds Rights of way over, extinction of OEDER Appeal from Service of ... OWNEE Agreement with, to bind successors Allowing occupation of uncertified houses, penalty Compounding for water rents ... Connecting drains at expense of... Correction in plans of misdescription of Definition of Displaying wares on unfeneed land Fencing vacant land by . . . ... ... May borrow for private street expenses Notice before covering foundation or drain by Notice of commencing building by Notification of infectious disease to Objecting to final apportionment of expenses Objecting to private street works Of land abutting on Foreshore protected.. Of projecting buildings, compensation to Eepair of vaults, cellars, itc, by ... - Eequired to pave back yards ,, sell part only of land, Sec. ... FF i xxxvn. ACT. P.\GE. ..0.1897 art. 68; ^ A. 1899 s. 70 [ 365 408 A. 1845 s. 327, note;] 0. 1888 arts. 1 and 3 156 • 270 271 0- 1888 .1 270-271 arts. 1 to 3] 0.1888 art. 1 .. . 270 A. 1896 s. 3 . 319 A. 1896 s. 21 . 322 A. 1896 s. 21(6).. . 323 A. 1890 s. 81 . 298 A. 1890 s. 84 . 298 A. 1890 s. 32 . 285 A. 1890 s. 20 . 281 A. 1867 s. 18 . 219 A. 1864 s. 31 ) A. 1890 s. 35 ) 206 285 A. 1896 s. 6 . 319 A. 1845 s. 327 .. 155 A. 1890 s. 6 . 278 A. 1845 s. 118 1 A. 1890 s. 24 j 150 282 A. 1890 s. 51 . 290 A. 1890 s. 21 281 A. 1890 s. 21 281 A. 1890 s. 60 293 A. 1890 s. 46 289 A. 1890 s. 41 287 A. 1890 s. 12 279 A. 1864 s. 33 207 A. 1864 s. 30 1 A. 1890 s. 26 ]" 206 283 A. 1890 s. 27 283 A. 1896 s. 7 ) A. 1899 s. 8 ) 319 383 XXXVIII. INDEX. ACT. PAGE. Owner — Continued. Water rate of houses let— for less than quarter, payable by . . . ,, supply to be obtained by .. . PARKS & PLEASURE GROUNDS Admission of societies and institutions to May be closed to public on special occasions "Open lands" at promenade may be used as Provision of " ornamental enclosure " on promenade Public Health Act applied to enclosure on promenade PASSAGES Cleaning of Dedication of Purchase of land or houses for . . . To be flagged, sewered, &c PASSENGERS Bye-laws regulating embarkation and ( discharge of . . . ... ... . . • ( Detaining Evading or refusing to pay ferry tolls ... - Ferry steamers plying during fog Ferry tolls for ■••( Luggage of, on tramways Nuisances committed by Rates for, on tramways ... Refusing to produce contract or season tickets Using abusive language to PATENTS Power to acquire, for tramways... PAVING Definition of paving, metalhng and flagging Included in private street works Of courts and passages ... A. 1890 s. 72 296 A. 1867 s. 16 ... 219 A. 1890 s. 78 298 A. 1890 s. 78 298 A. 1896 3. 21 (5) 323 A. 1896 s. 43(11) 333 A. 1896 s. 21 (5) 323 A. 1890 s. 28 284 A. 1864 s. 29 206 A. 1864 s. 34 207 A. 1864 s. 29 206 A. 1858 s. 51 A. 1899 s. 42 1 ) 179 396 A. 1858 s. 49 . . • 178 A. 1858 s. 46; ] A. 1867 ss. 26&27 A. 1872 s. 15; A. 1890 s. 74 178 221 239 297 A. 1890 s. 75 . . • 297 A. 1858 s. 39 ; A. 1867 s. 20 ; and sched. c. ■ 176 220 226 A. 1899 s. 30 391 A. 1858 s. 51 179 A. 1899 s. 29 ... 391 A. 1890 s. 74 297 A. 1858 s. 49 ... 178 A. 1899 s. 47 397 A. 1890 s. 39 286 A. 1890 s. 40 . • > 286 A. 1864 s. 29 • • • 206 INDEX. XXXIX. PENALTIES Application and recovery of ■■ Bathing machine owners infringing Hcense Bye-laws, not permitting inspection of... By e-laws enforcing of Carrying infected body in public conveyance ... Constructing or continuing cesspool Dairy -keepers, &c., refusing list of customers Definition of Daily Penalt}' Driving across footways ... Enforcing agreement with owners Failing to make returns of repayments and sinking fund Failing to notify infectious disease Ferry bye-law, breach of... Forging stamps or marks of url)an authority Gas, for defective power of Gas, for preventing testing of Improper use of l)uildings for habitation.. ,, ,, mechanical power Neglecting to disinfect public conveyance ,, ,, maintain rails and roads for tramways Obliterating or removing street names or numbers Obstructing disinfection of premises Obstructing drains or sewers Obstructing removal and burial of infected body ... ... c.. ACT. PAGE. A. 1845 s. 246 ^ 153 (Note) ; A. 1858 ss. 84 & 85 186 A. 1864 s. 39 ; 208 A. 1867 s. 43 ; \ 225 A. 1872 s. 5 ; f 236 O. 1888 art. 3 ; 271 A. 1890 s. 83 298 A 1899 s. 69 / 408 A. 1890 s. 9 ... 278 A. 1858 s. 57 ... 180 A. 1845 s. 246 \ 153 (Note) ; 0. 1852 (sched.) ; ! 164 O. 1888 art. 3 (2) ' ^^i A. 1890 s. 85 ; A. 1899 s. 42 (2) A. 1890 s. 64 A. 1890 s. 30 A. 1890 s. 56 A. 1890 s. 3 A. 1890 s. 15 A. 1890 s. 32 0. 1881 art. 2 ; 0. 1883 art. 8 ; 0. 1892 art. 2 ; A. 1896 s. 34 ; O. 1897 art. 9 ; A. 1899 s. 62 A. 1890 s. 60 A. 1858 s. 53 A. 1890 s. 71 A. 1858 s. 25 A. 1858 s. 25 A. 1890 ss. 20 and 25 A. 1899 s. 37 A. 1890 s. CI A. 1899 s. 23 A. 1890 s. 16 A. 1890 s. 59 A. 1890 s. 33 A. 189U s. 63 271 299 397 294 284 291 277 279 285 259 266 303 326 372 406 .. 293 .. 179 .. 296 .. 172 .. 172 I 281 ) 282 .. 392 .. 294 .. 389 . 280 .. 292 .. 285 .. 294 XL. INDEX. buildings, Penalties — Continued. Occupying dwelling houses not certified Offences relating to street, sewers and sanitary provisions On local authority not cumulative Refusing names of customers of laundries Removal from hospital of infected body except for burial Retaining body on death from infectious disease Supplying milk from prohibited dairies, &c. Throwing materials into street ... Toll collectors, offences by Under Electric Lighting Order, 1897 ACT. PAGE. A. 1890 s. 20 ... 281 A. 1890 s. 82 ... 298 A. 1867 s. 44 ... 225 A. 1890 s. 58 ... 292 A. 1890 s. 62 ... 293 A. 1890 s. 61 ... 293 A. 1890 s. 57 . . 292 A. 1845 s. 155 ... 151 A. 1858 s. 49 ... 178 E.L.O. arts. lOto 14 ; , 340-346 . 16,23,51,60 347,352 ( and 61) 358,363 Under Electric Lighting Order, 1897, application and recovery of... Water, improper use of ... PERIOD For compulsory purchase of land ,, completion of tramways ,, ,, ,, street works ,, objections to sale of portion of land, &c PIER Admiralty to approve construction, altei'a tion, or extension At Seacombe authorised ... Exemption from pier-rates or duties Extension at Egremont ... Land acquired for, may be sold, &c. Lease of foreshore for Lights to be exhibited on . . . Mooring and anchoring at or near Period for completing Power to construct at New Brighton .. PIPES Altering position of Approval of Laying in adjacent districts ,, electric lines near E.L.O. art. 66 ... 365 A. 1858 s. 16 ;.. 171 A. 1899 s. 7 ... 383 „ s. 28 ... 391 „ s. 52 ... 401 ,, s. 8 ... 383 A. 1864 s. 8 ... 200 A. 1872 s. 7 ... 237 A. 1864 s. 10 ... 200 A. 1872 s. 7 ... 237 j 0. 1877 (No. 1), ( art. ll ^^^ \ A. 1864 s. 43, and 1 208 sched.) 209 A. 1864 s. 9 ... 200 f A. 1867 s. 28; A. 1872 s. 14 ) 222 239 A. 1864 s. 14 ... 201 A. 1864 s. 7 ... 199 f A. 1896 s. 17 • ( A. 1899 s. 56 ) 321 J 402 A. 1858 s. 12 ... 170 A. 1890 s. 73 (2) ... 296 .] E.L.O. 1897 art. 14 ... 346 XLl. ACT. PAGE. A. 1890 s. 70 .. 295 A. 1858 s. 20 ... 171 A. 1890 s. 73 (3). .. 296 A. 1858 s. 20 ... 171 A. 1896 s. 21(3).. . 323 A. 1896 s. 6 1 1 319 A. 1899 s. 6 : \ 382 A. 1890 s. 13 . 279 A. 1896 s. 21(2).. . 322 A. 1896 s. 14 . 321 A. 1896 s. 21(2).. . 322 INDEX. Pipes — Continued. Person erecting or repairing, to notify urban authority Eemoval of, from unoccupied houses ... Sale of, to outside authorities Service, provision of PLANS Alteration of plan of footways to promenade Correction of errors in deposited Deposit of, void after certain intervals . . . Deposit of plan of footways on " open lands" Deviation from Objections by frontagers to Of certain electrical works to be approved by Postmaster General or Board of Trade E.L.O. 1897 art. 10 ...340 Of proposed Tramways to be laid before the Board of Trade A. 1899 s. 20 ...389 Private street works of j ^^- ^'^^^ '■ ^J Tt^ \ onn ( sched 1. ) 300 POSTMASTEE-GENERAL Appeal to Board of Trade from, as to electric work in streets E.L.O. 1897 art. 10 (c) 340 Approval by Board of Trade of electric work in streets E.L.O. 1897 art. 10 ...340 Compensation to A. 1899 s. 40 ...394 Compensation to, on failure to comply with requirements E.L.O. 1897 art. 10 (f) 340 Notice to be given to, in certain cases ... A. 1899 s. 40(2) ... 394 T • ■ , rf ,■ ,, 1 • I- . f E.L.O. 1897 art. 10(f) t 340 Injuriously anectmg telegraphic line oi . iwOQ -40 '^Q4. ^ , ^. f . 1, , (E.L.O. 1897 art. 69| 365 Protection of riglits oi ... ... ... , POLICE Justices may dismiss or suspend constables Power to employ ... Power to make rules and orders for Town Police Clauses Act, 1847, applied POOLTON-CUM-SEACOMBE Allotment of commons and waste lands : Award ... ... ... ... — ... 61 Inclosure of commons and waste lands... A. 1814 ... 48 A. 1899 s. 40 ) 394 A. 1845 s. 256 ... 154 A. 1867 s. 41 ... 225 .\. 1845 s. 257 ... 154 0. 1852 art. 17 ... 163 XLII. INDEX. Poolton-cum-Seacombe — Continued. Highways, roads, and footways set out : Award Koads on Poolton Common : Award PORTEES Acting without license ... Licensing of errand, message and kiggage Licenses may be suspended or revoked... Power to make bye-laws regulating Eeco very of fares by ... Eeturn of overcharge by . . POST OFFICE Service exempted from pier rates or duties PEIVATE IMPEOVEMENT EXPENSES Flagging or paving yards Eecovery of Works may be executed and declared to be PEIVATE STEEET WOEKS Adoption of streets after completion of . . Amendment of specifications, &c. Borrowing powers for Contribution to expenses... Costs of objections to Determination of objections Enumeration of ... Estimate of expenses Expenses and charge on premises Expenses, how apportioned Final apportionment and recovery of expenses Incumbent, minister, &c., exempted Limited owners may borrow for ... Objections to Objections to final apportionment Particulars to be stated in estimates . . , „ plans ,, provisional- apportionment ,, specifications ACT. PAGE. .. . 61 . 61 A. 1845 s. 237 .. . 152 A. 1845 s 236 .. . 152 A. 1845 s. 240 .. . 152 A. 1845 s. 245 .. . 153 A. 1845 s. 243 .. . 153 A. 1845 s. 242 ... . 153 A. 1864 s. 10 200 A. 1890 s. 27 , 283 A. 1858 s. 80 ; ) 185 A. 1890 s. 27 J 283 A 1858 s. 80 ... . 185 A. 1890 ss. 53 & 54 (290 (291 „ s. 45 289 s. 52 290 s. 49 , 290 „ s. 42(3)... , 288 „ ss.42&46(3) (287 (289 „ s. 40 ... 286 „ ss.40M3(2) (286 (288 „ s. 47 289 „ s. 44 288 „ s. 46 ... 289 s. 50 290 „ s. 51 290 s. 41 287 s. 46(2) (289 (300 ,, sched. 1 ... 300 >> >) ••• 300 )> )> •• • 300 >) >i • • 300 INDEX. Private Street Works — Continued. Provisional apportionment Provisions relating to, text of Publication of resolution approving Eecovery of expenses summarily or by action Register of charges Remedies under Conveyancing Act, for Resolution approving Separate account of expenses Specifications and plans of PROMENADE A public highway... Access for frontagers, to Band stand on Bye-laws for preservation of order on . . . Footways to Lands of C. & E. S. Holland, provisions f relating to ... ... ( ,, P. M. Vaughan ,, J. E. Eayner ... Lighting and maintenance of Ornamental enclosures on Period of completion of ... Power to construct ,, deviate in construction ,, execute subsidiary works Protection of New Brighton Pier Company Pul)lic Health Act to apply to bye-laws for ,, s. 234 not to apply to Regulation of traffic on ... Shelters may be provided on f -1 XLIII. ACT. PAGE. A. 1890 s. 40 ... 286 " to 55 1-286-291 „ s. 40 (3) sched. ! ) 287 21 300 „ s. 48 ... 290 „ s. 47 (2) „ s. 47 ... 290 ... 289 „ s. 40 ... 286 ,, s. 55 ... 291 „ s. 40 ... 286 A. 1896 s. 18 A. 1899 s. 56 ) 321 i 402 A. 1896 s. 21 ; 1 322 ss. 41 to 44 ,327-333 A. 1896 s. 20 A. 1899 s. 56 ) 322 ) 402 A. 1890 s. 79 ; A. 1896 s. 19 A. 1899 s. 56 ) 298 - 321 1 402 A. 1896 s. 21 .. 322 A. 1896 ss. 41 1327.329 and 42 ) A. 1896 s. 43 ... 331 A. 1899 s. 58 ... 403 A. 1896 s. 18 ... 321 A. 1896 s. 21 (5) 1 323 s. 43 (11) ) 333 A. 1896 s. 15 1 321 A. 1899 s. 56 i 402 A. 1896 s. 13 A. 1899 s. 55 ) 321 ) 402 A. 1896 s. 14 A. 1899 s. 56 ) 321 ) 402 A. 1896 s. 16 A. 1899 s. 56 \ 321 1 402 A. 1899 s. 59 ... 404 A. 1896 s. 19 (2) ... 322 A. 1896 s. 25 ... 324 A. 1896 s. 19 ... 321 A. 1896 s. 20 A. 1899 s. 56 1 322 402 XLIV. INDEX. ACT. PAGE. PUBLICATION Of byelaws ... Of notice or resolution PUBLIC HEALTH ACTS Applied to byelaws Applied to the district Applied to mortgages Applied to pleasure grounds, promenade Eecovery of penalties under .. ... - Section 234 of Public Health Act, 1875, not to apply to borrowing powers for promenade Wallasey Improvement Act, 1845, incor- porated with ... PUBLIC HOUSES Sunday closing Urinals to be provided at... PUBLIC OFFICES Power to provide ... Eules for use of . . . PUBLIC PLACE • Foreshore, a Unfenced ground, a A. 1858 s. 57 ; ) 180 A. 1867 s. 29 ; - 222 A. 1890 s. 85 299 A. 1890 sched. II. 300 A. 1845 s. 246 153 (note) ; 0. 1888 art. 3 271 (s.s. 2) ; y A. 1890 s. 85 ; 299 A. 1896 s. 19 (2); 321 A. 1899 s. 65 408 0. 1852 art. 1 ; ) 160 0. 1877 (No. 2) 247 A. 1858 s. 61 ; . A. 1861 s. 4; 182 190 A. 1864 s. 22 ; 204 A. 1867 s. 32 ; 223 A. 1872 s. 18 ; 240 0. 1877 (No. 1) - 249 art. 4 0. 1881 art. 1 ; 258 0. 1883 arts. 1&2; 264 A. 1896 s. 26 ; 324 A. 1899 s. 62 ' 406 A. 1896 s. 21 (5) .. . 323 A. 1858 s. 84 ; 186 A. 1864 s. 39; 208 A. 1867 s. 43; . 225 A. 1872 s. 5; 236 0. 1888 art. 3 J 271 A. 1896 s. 25 ; 324 A. 1899 s. 62 1 406 0.1852 art. 11 ... 162 A. 1845 s. 156 ... 151 A. 1864 s. 32 ... 207 A. 1845 s. 88 ... 149 A. 1845 s. 88 ... 149 A. 1890 s. 6 ... 278 A. 1890 s. 6 .. 278 INDEX. PUECHASE Additional lands, of Compulsory, limited Compulsory, of part of land, &c., only. Ferries Foreshore ... Land for electric lighting Land for gasworks Land for street, &c. Steamboats QUALIFICATION Of members of urban authority ... ,, electors... QUAERY Allotments for stone, Inclosure Act of 1814, awards ... Allotments for stone may he sold, etc. ... QUAETEE SESSIONS Appeal to ... Bye-laws to be allowed by i E ACT. A. 1896 s. 9 ; A. 1899 s. 11 A. 1858 s. 8 A. 1864 s. 13 A. 1896 s. 8 A. 1896 s. 7; A. 1899 s. 8 A. 1858ss. 36&38 A. 1861 ss. 6 & 7 A. 1872 sched. . L.O. 1897, art. 7 . A. 1867 s. 9 O. (No. 1) 1877 art. 5 0.1892 art. 1 A. 1864 s. 34 A. 1845 s. 86 A. 1858 s. 36 A. 1864 s. 17 XLV. PAGE. ) 320 I 885 ) 170 ' 201 ) 320 ) 319 f 383 174 175 191 241 338 217 250 303 207 148 174 202 O. 1852 art. 4, and j note to arts. 2 to 5 J A. 1845 (note to repealed s. 15) 0. 1852 note to arts. 2 to 5 161 146 161 1 A. 1814 s. 17 A. 1845 s. 84 ; A. 1858 s. 68 ; A. 1864 s. 20 A. 1890 s. 81 A. 1858 s. 54 ; A. 1867 s. 29 ) 54 ) 61 I 147 - 184 J 203 .. 298 ] 180 I 222 EAILS Distance required between, and footpaths For tramways to be approved bv Hoard of Trade '. May consist of single or double lines ... To be level. with surface of road... A. 1899 s. 25 ... 390 A. 1899 s. 22 ... 389 A. 1899 s. 25 ... 390 A. 1899 s. 19 ... 389 XL VI. INDEX. KAILWAYS ACT. PAGE. Power to break up railways on highway for electrical supply E.L.O. 1897 art. 8 ... 339 Protection of, under Electric Lighting Order .E.L.O Restrictions on breaking up ... ] RATES Assessments may be in one rate book .., Compositions for and recovery of water and lighting rates Compounding for water ... District rate security for land purchase, &c Estimates for general district Exemptions from rates or duties at landing stage... Ferry, may be altered For use of ferries or landing stages For use of Tramways Liability of Mersey Docks and Harbour Board to Lighting rate Lighting and water works, how to be made and recovered ... Lighting and water works, may be levied on separate districts ... Owner liable for water, for houses let under a quarter Power to contract for ferry Priority in bankruptcy Revision of, for tramways Security for gas and water Wallasey water- works rate Water, payable quarterly RAYNER Protection of J. E. Rayner RECEIVER Appointment by mortgagees Appointment to recover private street expenses ... , 1897 art. 15 ... 347 E.L.O. 1897 arts. ) 341 11 and 121 342 I A. 1864 s. 41 • • . 208 A. 1858 s. 34 . 174 A. 1867 s. 18 219 A. 1896 s. 23 , . . 323 A. 1867 s. 36 • • . 224 A. 1864 s. 10 .. . 200 A. 1864 s. 16 . 202 A. 1858 s. 39 ; 176 A. 1864 s. 16; 202 A. 1867 s. 20 and ' 220 sched. C.J 226 A. 1899 ss. 29 to 35 391 and sched. II. ' 409 A. 1858 s. 35 .. . 174 „ s. 29 . 173 s. 33 s. 31 174 173 A. 1890 s. 72 296 A. 1864 s. 16 » • ■ 202 A. 1867 s. 38 (note) ; A. 1872 s. 21 ■ 224 240 A. 1899 s. 35 406 A. 1867 s. 11 218 A. 1858 s. 27 173 A. 1867 s. 17 ... 219 A. 1899 s. 58 ... 403 A. 1896 s. 32; A. 1899 s, 62 ] J 326 406 A. 1890 s. 47 289 INDEX. EEFUSE DESTEUCTOE Appropriation of site for ... EELIEVING OFFICEE Duty to bury infected body EENEWAL FUND Creation of Depreciation and EENTS Mortgage of water Power to compound for water ... Priority in bankruptcy Security for water... Water, domestic supply . : Water for additional baths, &c. ... Water for other than domestic purposes Water payable quarterly ... EEPEAL Of Byelaws EESEEVE FUND Creation of, under... EESEEVOIE Application of funds to purposes of Construction of Period to complete EIVEE OFFENCES Jurisdiction of Wirral Justices over EIVEE WALL At Seacombe Ferry, authorised ... Cost, maintenance and repair of (agree- ment witli Dock l^oard) Power to construct, to New Brighton ... , ,, ,, Seacombe ACT. XLVIl. PAGE. 0. 1892art.l(s.s.3) 303 A. 1890 s. 63 ... 294 A. 1872 s. 22; ) 0. 1883 art. 3 ) 241 265 0. 1863 ; 1 A. 1864 s. 28 194 ' 206 A. 1867 s. 18 . 219 A. 1867 s. 38 ] fnote) ; A. 1872 s. 21 (note) A. 1867 ss. 11&12 224 241 218 A. 1858 s. 11 ; A. 1864 s. 18 170 \ 202 A. 1858 s. 14 . 170 A. 1858 s. 15 . 170 A. 1867 s. 17 . 219 A. 1858 s. 52 ; ] A. 1864 s. 37 ; A. 1867 s. 29 ; A. 1890 s. 85 179 208 ' 222 299 A. 1899 s. 63 . 406 A. 1864 s. 24 205 A. 1864 s. 7 . 199 A. 1864 s. 14 . 201 A. 1890 s. 76 . 297 A. 1872 s. 7 . 237 A. ih72 (sched.) .. A. 1896 s. 13; .. A. 1899 s. 55 . 241 . 321 . 402 A. 1899 s. 55 . 402 XLVIIl. INDEX. ACT. EOADS Commissioner empowered to set out and make, &c. Maintenance and repair of private or occupation roads, award Over commons and waste lands, set out, f award ... ... ... ... ... \ Over " Wallasey Pasture," award Public, over commons to be not less than 30 feet wide ... Public and private, in Liscard set out, ct W ell CI at* ••• ••• ■•• ••• ROCK POINT ESTATE Provisions protecting the... SALARIES May be charged to particular accounts... SALE Certain lands of Of mains and pipes to outside authorities Proceeds of, surplus lands SANDHILLS Certain sandhills to remain open as protection against sea Common rights of , to cease Placed under control of local authorities SEACOMBE Roads on Scacombe Common — Award ... Communication with Birkenhead . . Power to construct embankment to SEACOMBE FERRY Cost, maintenance, and repair of River Wall authorised Embankment or River Wall authorised Lands Clauses Act applied Pier and floating landing-stage authorised Power to lease or purchase Purchase of reversion Steamers plying during fog f A. 1814 s. 15 PAGE. 53 22 61 22 61 22 61 A. 1809 s. 26 A. 1896 s. 44 A. 1867 s. 7 A. 1899 s. 55 A. 1872 sched. A. 1872 s. 7 0. 1876 A. 1872 s. 7 A. 1845 s. 86 A. 1861 s. 6 A. 1890 s. 75 \ .. 20 ) 22 [ 61 ... 333 A. 1864 s. 42 A. 1845 s. 84 A. 1858 s. 68 A. 1864 s. 20 0. 1877 (No. 1) art. 1 A. 1896 s. 12 ; A. 1899 s. 13 A. 1890 s. 73 (3). A. 1896 s. 35 ; . A. 1899 s. 14 A. 1814 s. 23 A. 1814 s. 29 A. 1845 s. 85 .. 208 147 184 203 248 320 386 296 327 386 56 58 147 22 61 216 402 241 237 244 237 148 191 297 INDEX. SEA WALL Embankment or River Wall at Seacombe Maintenance and repair of (agreement with Dock Board) SEWERS Altering position of f Connection of drains with ■• ■( ,, with marginal sewer of Dock Board Courts and passages to be sewered Inclusion in private street works Inspection of sewer or drain Notice of covering up Obstruction of Precautions during construction and re- pair, Towns Improvement Clauses Act, 1847, applied Turning steam, &c., into... XLIX. ACT. PAGE. A. 1872 s. 7 ; A. 1899 s. 55 ... 237 ... 402 A. 1872 sched. ... 241 A. 1896 s. 17 ; A. 1899 s. 56 ... 321 ... 402 A. 1864 s. 31 ; A. 1890 s. 35 1 206 ) 285 A. 1867 s. 8 ... 217 A. 1864 s. 29 ... 206 A. 1890 s. 40 ... 286 A. 1890 s. 21 ... 281 A. 1890 s. 21 ... 281 A. 1890 s. 33 ... 285 0. 1852 art. 17 ... 163 A. 1890 s. 34 ... 285 SHELTERS For families during disinfection of dwellings ... Provision of, on promenade ... ... • SHOPS Conversion into dwelling-houses . . Lock-up shops not to be used for habitation A. 1890 s. 66 ... 295 A. 1896 s. 20 ; | 322 ,, s. 41(10); 329 „ s. 42(8); '- 330 „ s. 43(9) ; I 332 A. 1899 s. 56 j 402 A. 1890 s. 25 (s.s.2) 283 A. 1890 s. 25 ... 282 SINKING FUND Pubhc Health Act as to, applied and other r A. 1858 8. 61 ; 182 A. 1861 s. 4; 190 A. 1864 s. 22; 204 A. 1867 s. 32 ; 223 A. 1872 s. 18; 240 0. 1877 (No. 1) provisions arts. 2 to 4 249 " 0. 1881 art. 1 ■ 258 0. 1883 arts. 4 265 to 8; 26G 0. 1892 art. 2 ; 303 A. 1896 s. 29 ; 324 0. 1897 art. 2 ; 370 A. 1899 s. 62 406 INDEX. Sinking Fund — Continued. Returns to Local Government Board ...A Under Promenade Act of 1896, s. 15 of ( Local Loans Act, 1875, not to apply ( SLAUGHTER HOUSES Markets and Pairs Clauses Act, 1847, applied Not exempted from general Acts . . Period of licenses for Prejudicial to health to be discontinued.. SMOKE Prevention of. Towns Improvement Clauses Act, 1847, applied ... SPECIFICATIONS Amendment of, private street works Particulars in, of private street works ... Private street works, of ... STAMPS Forging stamps of Urban authority STEAM Turning, into drains STEAMBOATS Plying during fog ... Power to lease or purchase ... ... - Power to provide, &c. ... ,. ... - Power to hire and charter Power to sell or let Wirral Justices jurisdiction over STREET Definition of ... ... ... ... ] Deposit of plan of, void after certain interval ACT. PAGE. 0. 1881 art. 2 ; \ 259 0. 1883 art. 8 ; 266 O. 1892 art. 2 ; 303 A. 1896 s. 34 ; " 326 O. 1897 art. 9 ; 372 A. 1899 s. 62 ) 406 A. 1896 s. 29 (6 ;) 325 A. 1899 s. 62 )■ 406 O. 1852 art. 17 ... 163 A. 1890 s. 69 ... 295 s. 77 ... 297 „ s. 77 ... 297 O. 1852 art. 17 ... 163 A. 1890 s. 45 ... 289 A. 1890 sched. I ... 300 A. 1890 s. 40 ... 286 Fencing of vacant land adjoining Foreshore a ■• i A. 1890 s. 71 ... 296 A. 1890 s. 34 ... 285 A. 1890 s. 75 297 A. 1845 s. 86 ; A. 1858 s. 36 1 ) 148 174 A. 1845 8. 87 ; A. 1858 s. 37; A. 1864 s. 17 '- 149 175 202 A. 1858 s. 37 ■ > ■ 175 A. 1864 s. 17 • < • 202 A. 1890 s. 76 ... 297 A. 1845 s. 327 A. 1890 s. 38 1 ) 155 286 A. 1890 s. 13 279 A. 1845 s. 118 A. 1890 s. 24 [ i 150 282 A. 1890 s. 6 ... 278 INDEX. Street — Continued. Laying of distributing mains in... ... E, Musicians to depart when desired Naming or altering name of ,, and improving line of, Towns Im- provement Clauses Act, 1847, app. ... Obliterating or removing name or numbers Obstructions and nuisances in. Town Police Clauses Act, 1847, app. Obstructions, removal of in, Towns Im- provement Clauses Act, 1847, app. ... Power to break up, adjacent to district ... ,, ,, for electric purposes E. ,, construct street boxes ... ... E. ,, light ,, vary position or direction of new Precautions during construction, &c., Towns Improvement Clauses Act, 1847, app Pbivate Street Works : Adoption of streets ... Amendment of Speci6cations, &c.... Borrowing powers for Contribution to expenses ... Costs of objections to Determination of objections ... j Enumeration of Estimate of expenses ... ... -] V Expenses a charge on premises Expenses, how apportioned... Final apportionment and recovery of expenses Incumbent, minister, &c., exempted Limited owners may borrow for expenses Objections to Objections to final apportionment ... Particulars to be stated in estimates plans ... ,, ,, provisional ap- "'portionment ,, ,, specifications LI. ACT. PAGE. L.0. 1897 art. 17 ... 348 A. 1845 s. 188 ... 151 1890 s. 16 ... 280 0. 1852 art. 17 .. 163 A. 1890 s. 16 ... 280 0. 1852 art. 17 ... 163 0. 1852 art. 17 ... 163 A. 1890 s. 73 .. 296 L.O. 1897, art. 8 ... 339 L.O. 1897, art. 9 ... 339 A. 1858 s. 17 ... 171 A. 1890 s. 14 ... 279 0. 1852, art. 17 ... 163 A. 1890 ss. 53 & 54 ' A. 1890 s. 45 A. 1890 s. 52 A. 1890 s. 49 A. 1890 s. 42 (3) A. 1890 ss. 1 42 & 46 (3) i A. 1890 s. 40 A. 1890 ss. 40 and 43 (2) A. 1890 s. 47 A. 1890 s. 44 A. 1890 s. 40 A. 1890 s. 50 290 (291 289 290 290 288 287-289 ... 286 \ 286 ) 288 289 288 289 290 A. 1890 s. 51 A. 1890 s. 41 A. 1890 s. 46 (2) A. 1890 sched. I. 290 287 289 300 300 300 300 LII. INDEX. ACT. PAGE , Street — Continued. Private Street Works — Continiied. Provisional apportionment ... ... A. 1890 s. 40 ... 286 Provisions relating to j A. 1890ss.38) 286-291 ( to Do ) ■D 1 r i- f T? 1 +• • f A. 1890 s. 40 (3) i 287 Publication 01 Eesomtion approving \ , . v ; i ^^' ^^ ° i and sched. II. ) 300 Eecovery of expenses summarily or by action A. 1890 s. 48 290 Eegister of charges A. 1890 s. 47 (2)... 290 Eemedies under conveyancing Act for A. 1890 s. 47 ... 289 Eesolution approving .., ... A. 1890 s. 40 ...286 Separate accounts of expenses ... A. 1890 s. 55 ... 291 Specification and plans of ... ... A. 1890 s. 40 ... 286 Eepair of vaults, cellars, &c, under -, V ,oqa ^" o« '■ oqq ( A. ioyU s. A\i ) Jioo Eestrictions on breaking up J ^-^-0. 1897 arts^] 340-342 ° ^ [ 10tol2) Straightening line of A. 1864 ss. 33 & 34 207 Throwing materials into, penalty ... A. 1845 s. 155 ... 151 Tramways ..ay be laid in { A- 1867 s. 6, (216 Purchase of land for A. 1864 s. 34 ... 207 Stkeet Works : Authorized A. 1899 s. 50 ...398 Eemoval of human remains during A. 1899 s. 51 .. 400 Period for completion of ... ... A. 1899 s. 52 ... 401 Power to make A. 1899 s. 50 ...398 Power to deviate A. 1899 s. 53 ...401 Power to make subsidiary works ... A. 1899 s. 54 ... 402 Provisions relating to, text of ... A. 1899 ss. 50-54 -' ?^? { 402 SUMMAEY JUEISDICTION Court of, may order testing stations ... E.L.O. 1897 art. 32 ... 355 Detention in hospital of infected person, directed by A. 1890 s. 65 ...294 Determination of objections by, private J A. 1890 ss. 42 and [ 287 street works ( 46 (3) j 289 Establishment of testing stations, directed by .- E.L.O. 1897 art. 32 ...355 SUMMONS Authentication of A. 1858 s. 82 ... 186 SUPEEANNUATION Power to grant A, 1864 s. 38 ...208 INDEX. SUEVEYOR Inspection of buildings by Power of, inspecting TELEGRAPH ACT, 1878 Certain sections to apply to tramways . . . TENANTS For less than a quarter may deduct water rate from rent Purchase of houses tenanted by labouring i class restricted ... ... . . . ( TIDAL WATER Abandoned works affecting, may be removed TOLLS Alteration of ... ^ Collector of, liable for wrong detention of goods ... Contracts for ferry Disputes as to amount and weights Ferry List of, to be pruited and exhibited Offences by collectors of . . . Passengers evading or refusing .. Passengers refusing to produce tickets . . . Piers or landing stages, for use of Recovery of Specified, not to be exceeded Tramway ... Time and place for payment of . . . To be charged equally ( ( TOWNS IMPROVEMENT CLAUSES ACT, Sections incorporated with Local Act ... TOWNS POLICE CLAUSES ACT, 1847 Sections incorporated with Local Act ... -, LIII, ACT. PAGE. A. 1890 s. 21 ... 281 A. 1890 s. 22 ... 281 A. 1899 s. 40 ... 394 A. 1890 s. 72 ... 296 C.A. 1892 s 2; ) 301 A. 1896 s 10 j 320 A. 1864 s. 12 ... 201 A. 1864 s. 16 ; ■ 202 A. 1867 s. 23 220 A. 1858 s. 50 179 A. 1864 s. 16 . . 202 A. 1858 ss. 43 &44 177 A. 1858 s. 39 ; \ 176 A. 1864 s. 16 ; 202 A. 1867ss.l9&20(" 220 and sched c.j 226 A. 1858 s. 48 178 A. 1858 s. 49 178 A. 1858 s. 46 ; 1 178 A. 1867 83. 26 & 27'- 221 A. 1872 s. 15 ) 239 A. 1890 s. 74 297 A. 1864 s. 16 ... 202 A. 1858 s. 42 ; [ 177 A. 1867 s. 23 ; i 220 A. 1858 s. 41 ; \ 176 A. 1867 s. 22 ] 220 A. 1899 s. 43 and ) 397 sched. Hi 409 A. 1858 s. 42 ; 1 177 A. 1867 s. 25 ) 221 A. 1858 s. 40 ; 1 177 A. 1867 s. 21 ) 220 1847 0. 1852 art. 17 163 0. 1852 art. 17 1 163 0. 1888 art. 1 ) 270 GO LIV, INDEX. ACT. PAGE. TEAMWAYS Additional Crossings, power to make ... A. 1899 s. 24 390 Alteration of ...{ A. 1899 ss. 25 & 38 ) ] 390 393 Authorised A. 1899 s. 16 386 Application of road materials excavated A. 1899 s. 27 390 Application of revenue of A. 1899 s. 63 ... 406 ( A. 1867 s. 28 ) 222 Bye-laws as to 1 A. 1899SS.36& 42 1 1" 392 396 Council not bound to carry animals and goods upon ... A. 1899 s. 32 391 Deficiency of Eevenue of A. 1899 s. 63 (2) ... 406 Definition of ... f A. 1899 s. 3 A. 1899 ss. 37 to 1 382 392 Electrical power for ... ^ 41 j 396 Existing, not to be interfered with i intil required A. 1899 s. 45 397 Gauge of ... ... A. 1899 s. 21 (1) 389 Lands of owners in Seabank Eoad, provisions as to A. 1899 s. 17 388 Lands of Wirral Eailway Co. ... A. 1899 s. 49 397 Motive power for ... A. 1899 s. 37 392 Opening of, for public traffic A. 1899 s. 18 389 Period for completion of . . . A. 1899 s. 28 391 Plans of mode of construction for, Board of Trade A. 1899 s. 20 . 389 Power to acquire patents for A. 1899 s. 47 397 ,, work A. 1899 s. 43 397 lay ( A. 1867 s. 6 ; 1 216 ... -^ A. 1899 s. 16 J 386 break up tramways for electrical supply E.L.O. 1 A i Eailway carriages or trucks not to be used on Eails of Eates for passengers luggage goods A. A. A. A. ( E.L.O. i Eestrictions on breaking up To be kept level with surface of road ... A. Temporary, may be made where necessary A. Waiting-rooms, &c., may be provided ... A. 1897 art. 8 ... 339 1899 ss. 22 & I 389 25 ) 390 1899 s. 21 (2) ... 389 1899ss. 29&33) oqi to 35) "^^^ 1899 ss. 30 to 33 391 1899 s. 31 to 33 [ 391 and sched. II) 409 1897 arts. 11,) 341 12 ) 342 1899 s. 19 ... 389 1899 s. 26 ... 390 1899 s. 16 ... 386 INDEX. Tramways — continued. Width of engines and carriages used on.. Works and conveniences therewith may be provided ... TRAMWAYS ACT, 1870 Application of ss. 3 and 19 and parts II and III of Application of s. 26 of Mechanical power works to be subject to s. 30of Penalties for non-observance of s. 28 of.. Regulations authorized by, to be made by Council alone Sees. 30 and 34 of, not to apply in certain f cases ... ... ... ... ... 1 Sees. 8, 10 to 17, 37 to 48, and sched. of, to be repealed when tramways purchased URINALS Provisions for public Provision of, by Innkeepers VAUGHAN Provisions relating to lands of Philip Michael Vaughan VAULTS Repair of . . . VEHICLES Provision for, crossing footways VESSELS ACT. LV. PAGE. f Anchoring and mooring of VYNER Rights of R. C. J)c (jrey Vyner ni land and foreshore protected WAGES May be charged to particular accounts... WALLASEY DISTRICT Constituted for purposes of Public Healtli Act Extension of Sea and river boundary detined ... WALLASEY FERRIES ACCOUNT Application of Creation of.. Deficiency in, provided for f A. 1899s. 21 (1)... 389 A. 1899 s. 16 ... 386 A. 1899 s. 2 382 A. 1899 s. 20 389 A. 1899 s. 11 396 A. 1899 s. 23 389 A. 1899 s. 44 397 A. 1899 ss. 21 and 40 (1) ' (I) J 389 394 A. 1899 s. 46 .. 397 A. 1890 s. 31 ... 284 A. 1864 s. 32 ... 207 A. 1896 s. 43 ... 331 A. 1864 s. 30; ) 206 A. 1890 s. 26 \ 283 A. 1890 s. 15 ... 279 A. 1867 s. 28; ) 222 A. 1872 s. 14 i 239 A. 1S90 s. 88 299 A. 1864 s. 12 ... 208 0. 1S62 art. 1 .. 160 0. 1877 (No. 2) . .. 250 A. 1890 b. .. 277 A. 1858 s. 67 .. 183 A. 1858 s. 39 .. 176 A. 1867 s. 36 .. 224 LVl. Wallasey Ferries Account- Mortgage of IJNJUKA. ACT. PAGE. Continued. / A. ]858s. 60; ^ 181 A. 1861 s. 3; 189 A. 1864 s. 21 ; 203 A. 1872 s. 17 ; 239 0. 1877 (No. 1) 249 S art.3 ; 0. 1881 art. 1 ; 258 0. 1883 art. 2; 264 0. 1§95 art. 1 ; 311 . 0. 1897 art. 1 369 WALLASEY FEEE GEAMMAR SCHOOL Allotments to Master or Trustee, and Commissioner's Award WALLASEY IMPROVEMENT ACTS Text of Act of 1845 „ 1858 „ 1861 „ 1864 „ 1867 „ 1872 WALLASEY INCLOSURE ACT Text of Act of 1814 WALLASEY LIGHTING ACCOUNT Application of ,, ,, gas rents to .. ... i Creation of.. Deficiency provided for ... Mortgage of WALLASEY LOCAL BOARD Boundary of jurisdiction... Constitution of First election Made a " Body Corporate " Property of Commissioner transferred to 61 146 165 187 196 212 233 46 A. 1858 s. 66 . . 183 A. 1858 s. 30 ) 173 A. 1867 s. 10 \ 218 A. 1858 s. 29 ... 173 A. 1867 s. 36 ... 224 A. 1858 s. 60 ; 181 A. 1861 s. 3 ; 189 A. 1867 s. 30; 222 0.1877 (No. 1, 249 art. 2 , 0. 1883 art. 1 264 0. 1892 art. 2 303 0. 1896 art. 1 , 314 0. 1898 art. 1 / 376 0. 1852 art. 1 ) 160 252 0. 1877 (No. 2] art. 3 ) 277 A. 1890 s. 5 0. 1852 art. 2 ... 161 C.A. 1853 s. 3 ... 158 A. 1861 s. 8 ... 191 0. 1852 art. 12 ... 162 INDEX. Wallasey Local 'Boa^vd—CoJi tinned. Qualification of memlDers Qualification of electors ... ACT. LVll. P.\GE. Superseded by Urban District Council To exercise powers of the Improvement Commissioners WALLASEY LOCAL BOARD ACT, 1890 Text of 0. 1852 art. 4 ... 161 O. 1852, note to \ 161 arts. 2 to 5 ; A. 1864 s. 36 I 208 (note) ; O. 1870 art. 5 j 232 O. 1852, note to \ 161 arts. 2 to 5 ; A. 1896, preamble I 317 (note) I O. 1852 art. 9 162 272 WALLASEY TRAMWAYS AND IMPROVEMENTS ACT, 1899 Text of — ... 377 WALLASEY PASTURE Allotment of. Commissioner's Award .. Highways and roads over — i\.ward 61 61 WALLASEY URBAN DISTRICT COUNCIL Creation of ... ' O. 1852 note to "| 161 arts. 2 to5 ;I A. 1896 preamble I 317 (Note)) WALLASEY URBAN DISTRICT COUNCIL (PROMENADE ACT; 1896 Text of — ... 317 WALLASEY WATERWORKS ACCOUNT Application of Creation of... Deficiency in, provision for WAR DEPARTMENT Protection of Rights of .. WARES Displaying, on unfenced land WAREHOUSES Power to provide ... A. 1858 s. 65 ... 182 A. 1858 ss. 27 .1- 28 173 A. 1867 s. 36 ... 224 A. 1S96 s. 46 333 A. 1890 s. 6 ... 278 A. 1867 s. 24 ... 221 Lvin. INDEX. ACT. WASH-HOUSES Persons washing clothes to furnish hst of owners Powers of Towns Improvement Clauses Act, 1847, incorporated PAGE. A 1890 s. 58 ... 292 0.1852 art. 17 ... 163 WASTE LANDS Allotment and division of commons, &c., ( in Liscard, award ... ... ... \ Allotment and division of commons, &c., ( in Wallasey and Poolton-cum-Sea- -, combe, award ... ... ... ( Contents of, Wallasey and Poolton, award Rights of common over, extinguished ... f WATER Additional baths and water closets, rates for Altering position of mains or pipes Borrowing powers for Breaking up streets adjacent to district to supply Bye-laws as to supply ... , , for testing and stamping fittings Cisterns, pipes, and cocks, appi-oval of ... Compounding for rents ... Domestic purposes, for ... ,, ,, terms for other than ,, supply, rents for ... ... J ,, ,, what it comprises Fittings, supply of Improper use of, penalty... Laying electric lines near pipes ... . . E Mortgages of rates and rents ... ..r \ Owners to obtain supply... Person erecting or repairing pipes to notify urban authority A. 1809 s. 21; A. 1814 s. 29 A. 1858 s. 14 A. 1896 s. 17; A. 1899 s. 56 A. 1858 s. 60 A. 1861 s. 3 0. 1863 A. 1864 s. 28 O. 1870 art. 6 A. 1872 s. 17 O. 1894 art. 1 A. 1890 A. 1867 A. 1890 A. 1858 A. 1867 A. 1858 A. 1858 A. 1858 A. 1864 A. 1858 A. 1864 A. 1858 •L.O. 1897 O. 1863 A. 1864 A. 1867 s. 73 (2) s. 15 s. 70 s. 12 s. 18 s. 11 s. 15 s. 11 s. 18 s. 13 s. 19 s. 16 art. 14 s. 28 s. 16 A. 1890 s. 70 22 61 22 61 ( 22 1 61 ) 19 f 58 .. 170 I 321 f 402 181 189 194 \ 206 232 239 308 .. 296 .. 219 .. 295 .. 170 .. 219 .. 170 .. 171 ) 170 [ 202 .. 170 .. 203 .. 171 .. 346 I 194 [ 206 ,. 219 .. 295 INDEX. Water — Continned. Rate for houses let under a quarter payal)le l)y owner ... Rents payable quarterly ... Sale of mains or pipes to outside authorities Security for rates and charges ... Supply to houses before occupation ,, outside authorities and others ,, ,, ,, not to interfere with district supply Wells, power to sink LIX. ACT. PAGE. A. 1890 s. 72 ... 296 A. 18G7 s. 17 ... 219 A. 1890s. 73 (3)... 296 A. 1867 ss. 11 & 12 218 A. 1890 s. 20 ... 281 A. 1890 s. 73 ... 296 A. 1890 s. 73 A. 1872 s. 16 296 239 WATERCLOSETS Provision for public Water rates for additional A. 1890 s. 31 ... 284 A. 1858 s. 14 ... 170 WATERING PITS Allotment of When dried up may be sold, &c. WATERWORKS Apphcation of loans on ... ,, ,, Waterworks Clauses Acts Depreciation and renewal fund ... Mortgage of Period for completion of ... Power to construct Rate, power to lay Reservoir, application of moneys to ,, power to make Wells, power to sink - Award — ( A. 1845 s. 84 ' A. 1858 s. 68 i A. 1864 s. 20 A. 1858 A. 1858 A. 1864 A. 1872 A. 1890 A. 1872 O. 1883 A. 1858 A. 1861 A. 1864 A. 1872 A. 1858 A. 1858 A. 1858 A. 1864 A. 1864 A. 1872 s. 63 s. 5 ; s. 3; s. 3 ; s. 73; s. 22; art. 3 s. 60; s. 3; s. 28; s. 17 s. 9 3. 7 s. 27 s. 24 s. 7 s. 16 22 61 147 184 203 182 169 199 236 296 \ 241 I 265 181 189 206 239 170 169 173 205 199 239 WAYS Purchase of land for ways or passages A. 1864 s. 34 .. 207 [NDEX. ACT. PAGE. weights ... A. 1858 s. 44 ... 177 A. 1858 s. 45 ... 178 LX. WEIGHTS AND MEASURES Disputes as to ferry tolls and To be provided at ferries... Weighing goods and carts, Markets and Fairs' Clauses Act, 1847, app. ... O. 1852 art. 17 ... 163 WELLS Power to sink and maintain ... ... A. 1872 s. 16 ... 239 WIRRAL RAILWAY COMPANY Protection of rights of A. 1899 s. 49 ...397 YARDS Back yards to be flagged or paved ... A. 1890 s. 27 ... 283 C. TINLING AND CO., PRINTERS, VICTORIA STREET, LIVERPOOL. « • UNIVERSIIY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. Form L9-42m-8,'49(B5573)444 THE LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES Lavfs, statutes, etc. - ' 1399 ^.r.il - r-i C) • >j vS - ^ i '.n o < O (0 ^1 o a. I % a I .2 I '!J 9 ^>K ■^ o -^ t O "i o ^ u} —I :fl -^ ^-♦ .; o 4J •r-» j» a) 9 ■tj • ■ M o >> * o .--< «-« .. *" -> ^ o r3 ff' C. TiNWNO »Co. , UOOKUIXIIKKS. yic.toria Street,