A.D. 1928. Halifax Order. Existing mayor and aldermen. Powers and duties of justices coroner police &c. extended. Corporation Mortgage debts of (Halifax and West Riding Provisional Orders) 10. The persons who hold office immediately before the appointed day as mayor and aldermen of the existing Borough shall on the appointed day become the mayor and aldermen of the Borough but shall respectively retire from office on the day on which they would have retired from office if this Order had 5 not been made. 11.-(1) The powers and duties of the quarter sessions recorder clerk of the peace coroner and justices of the peace for the existing Borough and of the clerk to those justices and of the police constables and other peace officers of the existing 10 Borough shall extend to and apply throughout the Borough : Provided that 15 (a) every person committing an offence in any part of the ད (2) The added area shall cease to form part of any petty sessional division of the County and shall cease to be within the Halifax coroner's district of the Honor of Pontefract. 25 12. Subject to the provisions of this Order all property immediately before the appointed day vested in the Corporation for the benefit of the existing Borough (not being property held on any charitable trust) shall by virtue of this Order be held by the Corporation for the benefit of the Borough and the Corpora- 30 tion shall hold enjoy and exercise for the benefit of the Borough all the powers which immediately before that day are exerciseable by or vested in the Corporation for the benefit of the existing Borough and all liabilities which immediately before the appointed day attach to the Corporation in respect of the existing Borough 35 shall on that day attach to them in respect of the Borough. 13. (1) Subject to the provisions of the Rating and Valuation Act 1925 so much of any sums borrowed by the Corporation Corporation, as immediately before the appointed day are owing and charged upon a fund or rate of the existing Borough shall be charged 40 upon the corresponding fund or rate of the Borough. (2) All borrowed moneys to which this article applies with the interest thereon shall be repaid by the Corporation within the respective periods for which the loans in respect of which the said sums are owing were originally sanctioned or within 45 5 10 which the same are otherwise required to be repaid or are made A.D. 1928. repayable. of 14.-(1) Subject to the provisions of this Order the provisions Halifax Order. Local Acts (a) the local Acts and of the confirmation Acts specified in and orders (b) any other local Act or provisional order duly confirmed (c) any order affecting the existing Borough or the Corpora- 15 as the same respectively are in force within the existing Borough 20 25 (2) Nothing in this Order shall extend the area for the supply of electricity by the Corporation or shall affect the undertaking or powers of Electrical Distribution of Yorkshire Limited under the Queensbury and District Electricity Special Order 1926. (3) Nothing in this Order or in any local Act or order as extended and applied to the Borough by this Order shall prejudicially affect the undertaking or powers of the Yorkshire Electric Power Company in relation to the added area under the Yorkshire Electric Power Acts 1901 to 1927 and in relation to 30 the added area the Acts of 1901 to 1927 shall continue to apply as if within the meaning of those Acts the added area were an urban district of which the Corporation of the Borough were the Council and formed no part of the Borough and as if no consent of a distributing authority were required in any case to enable 35 the Company to supply energy in the added area. 15. The added area shall cease to form part of the Brighouse Brighouse Joint Hospital District and references to the Urban District of Joint Southowram and the Urban District Council of Southowram in Hospital the Brighouse Joint Hospital Orders 1893 to 1906 shall be read District. 40 as references to the Urban District as altered by this Order and the Council thereof. 45 16. (1) The provisions of (a) the Infectious Disease (Prevention) Act 1890; Adoptive (Halifax and West Riding Provisional Orders) Confirmation. A.D. 1928. shall be in force within and apply to the Borough as if the same had been adopted for the Borough. Halifax Corporation Board for (2) The provisions of any Act adopted by the Urban Council (or their predecessors) shall subject to the provisions of this article cease to be in force within and apply to any part of the 5 added area. (3) Notwithstanding paragraph (2) of this article all powers duties capacities liabilities and obligations under the Private Street Works Act 1892 with which the Urban Council may be invested immediately before the appointed day shall be deemed 10 to vest in and attach to the Corporation so far as regards any works in the added area executed by the Urban Council under that Act before the appointed day or in respect of which that Council before that day shall have passed a resolution or shall have served notices. 15 (4) Any order under the Infectious Disease (Notification) Act 1889 or under any adoptive enactment mentioned in this article which is in force immediately before the appointed day throughout the existing Borough shall extend and apply to the added area and any order under the Infectious Disease (Notifica- 20 tion) Act 1889 in force immediately before that day within the added area shall cease to be in force within that area. 17. (1) The Corporation shall be the Burial Board for the Borough and shall have within the Borough to the exclusion of any other burial authority all the powers duties and liabilities 25 of a burial board under the Burial Acts 1852 to 1906: Provided that no approval sanction or authorisation of the vestry of the Parish of Halifax shall be required in respect of any act of the Corporation as the Burial Board. (2) Any table of fees and charges in force in respect of 30 any existing burial ground maintained by the Corporation shall extend and apply to inhabitants of the burial area as extended by this Order as such table applies to inhabitants of the existing burial area. Order under 18. The order under section 33 of the Act of 1894 made 35 s. 33 of the by the Local Government Board on the Third day of March Act of 1894. Nineteen hundred and eleven with respect to charities held wholly or partly for the benefit of the inhabitants of the existing Parish of Halifax shall have effect as if any reference therein to the Borough as it then existed extended and applied to the 40 Borough and as if any reference in that order to the Parish of Halifax as it then existed extended and applied to the Parish of Halifax. (Halifax and West Riding Provisional Orders) A.D. 1928. Halifax 19. Any order made under the Shop Hours Act 1904 or under the Shops Act 1912 or any subsequent Act providing for the closing of shops and in force immediately before the Orders under appointed day in any area affected by this Order shall subject 5 to the provisions of those Acts remain in force and apply to the area to which it then applied. Shop Hours 20. Any order under the Wild Birds Protection Acts 1880 Orders under to 1908 which is in force immediately before the appointed day Wild Birds within the existing Borough shall extend to the added area and Protection 10 any order under those Acts which is then in force within the County shall cease to apply to the added area. 15 21.-(1) Any byelaws made by— enactment Acts. Byelaws scales of charges &c. (a) the Corporation for good rule and government or regulations (b) the Corporation or their Watch Committee and con- which immediately before the appointed day are in force within 20 the existing Borough shall extend and apply to the Borough until the byelaws are repealed or altered by further byelaws. (2) Subject to the foregoing provision all byelaws made by the Corporation or by the Urban Council and in force within the existing Borough or within the added area immediately 25 before the appointed day 30 35 (a) if made before the First day of January Nineteen hundred (b) if made on or after the First day of January Nineteen (3) In their application to the added area any byelaws 40 made by the Urban Council shall have effect as if they had been made by the Corporation and as if the added area were referred to therein. (4) All byelaws made by the County Council or by the standing joint committee of the County and in force immediately J A.D. 1928. before the appointed day within the added area shall cease to be in force within that area. Halifax Order. Adjustment of financial relations between County and County Boroughs. (5) Any proceedings which if this Order had not been made might have been taken for any offence within the added area committed before the appointed day against (a) any byelaws of the Urban Council; or (b) any byelaws of the County Council or the standing joint committee which by virtue of this article cease to apply to the added area; 5 may be taken by the Corporation as if the Corporation had 10 (6) Any scale of charges made by the Corporation and in 15 (7) In this article "byelaws" includes any regulation and 20 "scale of charges" includes any list of tolls or table of fees or payments and any reference to byelaws or a scale of charges made by the Corporation or the Urban Council shall be read as including a reference to byelaws or a scale of charges made by the predecessors of the Corporation or the Urban Council as the 25 case may require. 22.—(1) In any case where the extension of the existing Borough by this Order affects the distribution between the County and the Borough or between the County and the Borough on the one hand and any other county borough on the other 30 hand of the moneys payable out of the Local Taxation Account or by the Postmaster-General in pursuance of the Act of 1888 of the Local Taxation (Customs and Excise) Act 1890 and of the Roads Act 1920 (as amended by any subsequent Act and as affected by any Order in Council) or any financial relations or 35 questions between those areas or any adjustment which has been made in regard to the said distribution or financial relations or questions equitable adjustments may be made. (2) Any adjustment authorised by paragraph (1) of this article may be made by agreement between the Councils of the 40 Borough the County and the county borough affected and if such adjustment has not been made before the First day of April Nineteen hundred and thirty or such later day as may be allowed by the Minister then on the application of any of the councils |