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CAP. XXXIX.

An Act to confirm certain Provisional Orders under
the Local Government Act (1858), relating to the
Districts of Brighton, East Cowes, Preston, Morpeth,
Bromsgrove, and Durham; and for other Purposes
in relation thereto.
[22d July 1861.]

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WHEREAS 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 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 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 this present Parliament assembled, and by the Authority of the same, as follows:

dule confirmed.

1. The Provisional Orders contained in the Schedule here- Provisional unto annexed shall, from and after the passing of this Act, be Orders in Scheabsolute, and be as binding, and of the like Force and Effect, except the Clause numbered 2. in the Provisional Order for Morpeth in the County of Northumberland, as if the Provisions of the same had been expressly enacted in this Act.

2. Nothing in the Provisional Order for the Morpeth District Provisional Orin this Schedule contained shall affect the Election or Selection der for Morpeth of the Local Board of Health for the said District, except as Election of not to affect regards the Members elected in and for the Parish of Bedlington, Local Board, who shall, from and after the passing of this Act, cease to be &c. Members of the said Board.

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Debt between

3. Whereas a Debt of Three hundred and twenty-six Apportionment Pounds Nine Shillings and Sevenpence, with Interest thereon of existing at the Rate of Four per Cent. per Annum, is now owing by Morpeth and the Local Board of Health for the Morpeth District, and Bedlington. such Debt is secured on Mortgage of the Special District Rates of the said District for the unexpired Period of Twenty-three Years: And whereas it is expedient to determine the Proportions in which such Debt shall be paid by Rates levied respectively within the Parts into which the said District is divided by the Provisional Order in the Schedule to this Act annexed:' Be it enacted, That from and after the Division of the said District the Parish of Bedlington shall contribute towards the Payment of such Debt the Sum of One hundred and eighty-three Pounds Sixteen Shillings and One Halfpenny, with Interest thereon at the Rate of Four per Cent. per Annum, and the Local Board of Health for the District of Morpeth as altered by the Provisional Order aforesaid shall [No. 20. Price 2d.] contribute

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Surveyors of Highways to be elected for the Parts of Bromsgrove separated from the District.

This Act incorporated with

21 & 22 Vict. c. 98.

Short Title.

contribute towards the same Object the Sum of One hundred and forty-two Pounds Thirteen Shillings Sixpence and One Halfpenny, with the like Interest thereon; and that it shall be lawful for the Overseers within the said Parish of Bedlington to raise the annual Instalments required to pay off the said Sum of One hundred and eighty-three Pounds Sixteen Shillings and One Halfpenny, with Interest thereon at the Rate of Four per Cent. per Annum, in the Name and as Part of the Rates. levied by them within such Parish for the Relief of the Poor thereof: Provided always, that in assessing to the Rate for the Purpose of paying off such Instalment and Interest, all the Kinds of Property which would be assessed to General District Rates under the Local Government Act, 1858, in the Proportion of One Fourth Part only of the net annual Value thereof, shall be assessed in the same Proportion only of such Value to the Rate levied under this Enactment.

4. The Inhabitants of the Parts of the Parish of Bromsgrove separated from the District of the Local Board by the Provisional Order in the Schedule to this Act annexed shall, within One Month from the passing of this Act, assemble and elect One or more Persons to serve the Office of Surveyor, under the Provisions of the General Highways Act, in the same Manner as they would have assembled for the Election of Surveyors of Highways at Easter now last past, if the Local Government Act aforesaid had not then been in force within such Parts.

5. 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.

6. In citing this Act in any other Act, or in any Proceeding, Instrument, or Document whatsoever, it shall be sufficient to use the Words and Figures "The Local Government Supplemental Act, 1861.”

SCHEDULE of Provisional Orders referred to in the preceding Act.

1. BRIGHTON.-Repealing and altering Parts of Local Acts in force within the District.

2. EAST COWES.-Repealing a Local Act in force within the District.

3. PRESTON.-Repealing and altering Parts of a Local Act in force within the District; extending the Borrowing Powers of the Preston Local Board of Health; extending the Time for paying off Sums borrowed by such Board; and for other Purposes.

4. MORPETH.-Altering the Boundaries of the District of Morpeth, as constituted for the Purposes of the Public Health Act, 1848.

5. BROMSGROVE.

5. BROMSGROVE.-Altering the Boundaries of the District of Bromsgrove, as constituted for the Purposes of the Local Government Act, 1858.

6. DURHAM.-Putting in force the Lands Clauses Consolidation Act, 1845, for the Purchase and taking of Lands otherwise than by Agreement.

BRIGHTON.

Provisional Order repealing and altering Parts of Local Acts in force within the District of the Brighton Local Board.Local Government Act, 1858.

Whereas the Mayor, Aldermen, and Burgesses of the Borough of Brighton, in which the Local Government Act, 1858, has been duly adopted, have, in pursuance of the said Act, presented a Petition to the Right Honourable Sir George Cornewall Lewis, as One of Her Majesty's Principal Secretaries of State, praying for the alteration and partial repeal of certain Local Acts of Parliament in force within the said Borough, having relation to the purposes of the said Local Government Act, and not conferring powers or privileges upon any corporation, company, undertakers, or individuals for their own pecuniary benefit; that is to say,

An Act passed in the Sixth year of the reign of King George the Fourth, intituled "An Act for the better regulating, paving, improving, and managing the Town of Brighthelmston in the County of Sussex, and the poor thereof:"

An Act passed in the Thirteenth year of the reign of Queen Victoria, intituled "An Act to enable the Commissioners acting under an Act passed in the Sixth year of the reign of His late Majesty King George the Fourth, for better regulating, paving, improving, and managing the Town of Brighthelmston in the County of Sussex, and the poor thereof, to purchase, improve, and manage the Royal Pavilion at Brighton, and the grounds thereof, and to enlarge, extend, and apply the Powers and Provisions of the same Act with reference thereto :"

An Act passed in the Eighteenth year of the reign of Her said Majesty, intituled "An Act to transfer to the Corporation of the Town of Brighton the property, powers, privileges, and liabilities of the Brighton Improvement Commissioners."

And whereas, in pursuance of the said Local Government Act, inquiry has been made in the said Borough in respect of the several matters mentioned in the said Petition.

And whereas it appears expedient to issue a Provisional Order in relation to the said matters, but no such order can be valid without the confirmation of 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,

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under

under my hand, direct that from and after the passing of any Act of Parliament confirming this Order

1. The parts of the Local Act specified in the Schedule hereunto annexed shall be repealed.

2.-The Provisions of the Public Health Act, 1848, as to Byelaws shall extend to all Byelaws made under the said herein-before recited Local Acts.

3.-The kinds of property exempted by the Proviso to the 133d Section of the said Local Act 6 Geo. 4. c. 179. from Rates under that Act shall be exempt from rating under the said Local Government Act, 1858, and the Acts incorporated therewith, but shall be liable to all Highway Rates levied by the Local Board within the said Borough.

4. No re-appointment shall be necessary of Officers or persons appointed by the Commissioners or Town Council under the said Local Acts, but such Officers shall act, and all Securities given by them shall continue in force, as if the Appointments had been made and the Securities given under the said Public Health Act and the Local Government Act, and all powers under any of the parts of the said Local Acts not repealed by any Act of Parliament confirming this Order may be exercised in the manner directed by the Public Health Act, 1848, and the Local Government Act, 1858, for the exercise of powers under those Acts respectively, and the provisions of the said last-mentioned Acts shall extend and apply to matters arising under the unrepealed parts of the said Local Acts; and the said Public Health Act and Local Government Act shall be incorporated with the unrepealed parts of the said Local Acts, and the purposes of the said unrepealed parts shall be taken and deemed to be purposes of the said Public Health Act and Local Government Act.

Given under my hand this Twenty-fourth day of
April 1861.

(Signed)

G. C. LEWIS.

SCHEDULE to which this Order refers.

The parts of the Local Act 6 Geo. 4. c. 179., herein-before referred to in this Order, to be repealed, are as follow, that is to say: The Sections numbered respectively in the copies of the said Act of the 6 Geo. 4. printed by the King's Printers, viz.:Sections 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 33, 34, 35, 36, 37, 38, 39, 40, 50, 53, 54, 55, 56, 57, 60, 61, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 77, 78, 79, 80, 81, 83, 84, 85, 86, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 119, 120, 121, 122, 123, 124, 125, 126, 127, 132, 133, 134, 135, 136, 137, 138, 161, 188, 189, 193, 195 (except as relates

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to boatmen and bathing machines), and 196 (except as relates to boatmen and boats).

EAST COWES.

Provisional Order repealing a Local Act in force within the District of the East Cowes Local Board.-Local Government Act, 1858.

Whereas the Local Board for the District of East Cowes in the Isle of Wight, in which District the Local Government Act, 1858, has been duly adopted, have, in pursuance of the said Act, presented a Petition to the Right Honourable Sir George Cornewall Lewis, as one of Her Majesty's Principal Secretaries of State, praying for the repeal of a certain Local Act of Parliament in force within the Isle of Wight aforesaid, so far as such Act affects the said District of East Cowes, the said Act having relation to the purposes of the said Local Government Act, and not conferring powers or privileges upon any corporation, company, undertakers, or individuals for their own pecuniary benefit; that is to say,

An Act passed in the Twenty-third year of the reign of King George the Third, intituled "An Act for amending "the Roads and Highways in the Isle of Wight." And whereas, in pursuance of the said Local Government Act, inquiry has been made in the said District in respect of the several matters mentioned in the said Petition.

And whereas it appears expedient to issue a Provisional Order in relation to the said matters, but no such order can be valid without the confirmation of 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, direct that from and after the passing of any Act of Parliament confirming this Order

1.-The said Local Act shall be repealed so far as such Act affects the District of the aforesaid Local Board of East Cowes.

Given under my Hand this Twenty-fourth day

of April 1861.

(Signed)

PRESTON.

G. C. LEWIS.

Provisional Order for repealing and altering parts of a Local Act in force within the District of Preston; for extending the Borrowing Powers of the Preston Local Board of Health; for extending the Time for paying off Sums borrowed by such Board; and for other Purposes.-Local Government Act, 1858, Sect. 78.

Whereas the Public Health Act, 1848, has been duly applied to the Borough of Preston in the County of Lancaster, and the said

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