Municipal Corporations Act 1882.

SCHEME FOR THE BOROUGH OF KIDWELLY.

Whereas by the Municipal Corporations Act 1882 it is enacted that where a petition for a Charter of incorporation is referred to the Committee of Her Majesty’s Most Honourable Privy Council and it is proposed by the Charter to extend the Municipal Corporations Act to the municipal borough to be created by the charter the said Committee of Council may settle a scheme for the purposes in the said Act named and containing such provisions as are in the said Act particularised And whereas certain inhabitant householders of the Poor Law Parish of St Mary Kidwelly Within in the county of Carmarthen have petitioned Her Majesty the Queen praying for the grant of a Charter of Incorporation And whereas the said petition for a charter has been referred to the Committee of Council and it is proposed to create the said district a municipal borough and to incorporate the inhabitants thereof and by the Charter to extend the Municipal Corporations Acts to the municipal borough to be created by the charter And whereas Kidwelly is a place named in the Schedule to the Municipal Corporations Act 1883 and the area of the said place is coextensive with the area of the municipal borough proposed to be created by the said Charter And whereas by the Municipal Corporations Act 1883 it is enacted that nothing in that Act shall prevent the application to any place of any charter applying the Municipal Corporations Acts which Her Majesty may be pleased to grant or affect anything done in pursuance of those Acts or any scheme thereunder and shall not affect the operation of any such charter thing or scheme save that nothing in the said Acts or scheme shall authorise the establishment or continuance of any court for the trial of civil actions and that nothing in that Act shall affect the right to the benefit of any charity or shall alter or confer any power of altering the defined charitable purposes (if any) to which any property was by law applicable at the passing of that Act And whereas the Mayor Aldermen Bailiffs and Burgesses of the Borough of Kidwelly are a local authority within the meaning of Part XI. of the Municipal Corporations Act 1882 And whereas the said Mayor Aldermen Bailiffs and Burgesses are a body corporate under and by virtue of certain royal charters And whereas the area of the proposed borough as part of the parish of Kidwelly was before the date of the commencement of this scheme within the district of the Llanelly Union as the rural sanitary authority of the said Union and the said guardians as such rural sanitary authority are a local authority within the meaning of Part XI. of the Municipal Corporations Act 1882 and it is expedient that all property and liabilities vested in or attaching to such rural sanitary authority should so far as the same relate to the area of the borough created by the charter be transferred to the new corporation in manner provided by this Scheme And whereas the highways within the area of the borough created by the charter were before the date of the commencement of this Scheme repairable by the Kidwelly Borough Highway Board by rates levied within the borough under the provisions of the Acts relating to highways and such highway board is a local authority within the meaning of Part XI. of the Municipal Corporations Act 1882 and it is expedient that all property and liabilities vested in or attaching to the said highway board should be transferred to the new corporation in manner provided by this Scheme And whereas it is expedient right and just that a Scheme should be settled pursuant to Part XI. of the Municipal Corporations Act 1882 containing the provisions hereinafter contained Now therefore the said Committee of Council have settled a Scheme containing the provisions herein and do hereby order and declare as follows (1) This Scheme may be cited for all purposes as the Borough of Kidwelly Scheme 1885 (2) This Scheme shall come into operation on the day of the first meeting of the Council of the municipal borough created by the charter above referred to or at the date of its confirmation by Parliament or Order in Council whichever is later This date is herein mentioned as the "commencement of this Scheme" (3) The Mayor Aldermen Bailiffs and Burgesses of the said borough are herein referred to as the "Old Corporation" The corporation of the municipal borough created by the charter above mentioned is herein referred to as the "New Corporation " (4) The municipal borough created by the charter above referred to shall be placed immediately on from and after the day of the first meeting of the Council of the municipal borough aforesaid within the jurisdiction of the Council of the said municipal borough as the Sanitary Authority and shall thereafter no longer be within the jurisdiction authority or district of the Rural Sanitary Authority of the Llanelly Union (5) Immediately from and after the commencement of this Scheme the Old Corporation shall be and the same is hereby abolished and shall thenceforth be dissolved and cease to exist together with all the franchises rights privileges powers jurisdiction authority and exemptions of the said Old Corporation and its members and officers as such of what kind soever they may be which have no pecuniary value (6) Immediately from and after the commencement of this Scheme the said Kidwelly Borough Highway Board shall be and is hereby abolished and shall thenceforth be dissolved and cease to exist (7) All property (not being property within the meaning of the second subsection of section 4 of the Municipal Corporations Act 1883 applicable to charity or applicable to defined charitable purposes at the passing of that Act) of any kind whatsoever possessed by or vested in the Old Corporation or any person or body in trust for it or any of its members as such or applicable for the benefit or under the direction of the Old Corporation or any of its members as such shall vest in the New Corporation and (save as is hereinafter expressly directed) shall by the New Corporation be held and applied exclusively for the municipal purposes of the municipal borough created as aforesaid and the public benefit of the inhabitants of the said borough (8) All market property possessed by or vested in the Old Corporation and all liabilities attaching to the Old Corporation in respect of the same shall immediately from and after the commencement of this scheme vest in and attach to the Mayor Aldermen and Burgesses of the said municipal borough acting by the Council as the sanitary authority (9) All liabilities which immediately before the commencement of this Scheme attached to and were enforceable against the old corporation or the property thereof shall attach to and be enforceable against the New Corporation so far only as the property vested in it under paragraph 7 may extend to satisfy such liabilities and no further (10) Any investigation legal proceeding or remedy in respect of any debt liability penalty or forfeiture due to or incurred by or on behalf of the old Corporation before the commencement of this Scheme may he continued prosecuted or enforced by or against the New Corporation so far only as the property vested in it under paragraph 7 may extend to satisfy such liabilities and no further (11) Any sewers drains culverts water mains pipes or other sanitary works situate within the area of the borough created by the charter being the property of the Rural Sanitary Authority of the Llanelly Union and used by them for the purpose of the drainage water supply or cleansing of the said area and any liabilities attaching to the said rural sanitary authority in respect of the said area shall immediately from and after the commencement of this Scheme vest in and attach to the Mayor Aldermen and Burgesses of the said Municipal Borough acting by the Council as the sanitary authority (12) All property and liabilities vested in or attaching to the Kidwelly Borough Highway Board shall immediately from the commencement of this Scheme vest in and attach to the New Corporation (13) The term "property" " in this Scheme means and includes all property real and personal and all things in action and all rights of common or commonable rights and rights to toll and all franchises privileges and rights which have any pecuniary value and all charters records deeds books and documents all rights all claims to relief and all rights to avoid contracts or otherwise and includes any estate or interest legal or equitable in or in respect of any property so defined (14) The term "market property" in this Scheme means and includes rights to market tolls and all franchises privileges and rights relating to markets and all lands and premises used for the purpose of markets.