Birmingham Improvement Act 1828
| Jurisdiction | UK Non-devolved |
| Citation | 1828 c. liv |
| Year | 1828 |
ANNO NONO
GEORGII IV. REGIS.
**##****************#***##*#**********************'**
Cap.
liv.
An Act for better paving, lighting, watching,
cleansing, and otherwise improving the Town of
Birmingham in the County of Warwick, and for
regulating the Police and Markets of the said
Town. [23d May 1828.]
HEREAS an Act was passed in the Fifty-secorjd Year of
the Reign of His late Majesty King George^the Third,
intituled An Act for better paving, lighting,
•watching,
52G.3.C.113.
cleansing,
and otherwise improving the Town of Birmingham in the
County of Warwick, and for regulating the Police and Markets of the
said Town.- And whereas considerable Progress has been made in
the Execution of the said Act, but the Powers thereby given are
found insufficient in several Particulars for answerins^tne Purposes
for which they were intended, and it is necessary*that the same
should be altered and amended; and further and other Provisions and
Regulations, Powers, and Authorities, are necessary for the better
governing and improving of the Town and Parish of Birmingham,
and it would facilitate the Execution of those Purposes if the said
Act were repealed, and further and other Powers and Provisions
granted instead
thereof:
May it therefore please Your Majesty that Recited
Act
it may be enacted; and be it enacted by the King's most Excellent repealed.
Majesty, by and with the Advice and Consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled,
[Local] IS M and
W
1150
All Convey-
ances exe-
cuted and
Annuities
granted
under the
said Act con-
firmed and
secured.
Arrears of
former Rates
may be col-
lected ;
Debts and
Penalties
recovered;
andContracts
enforced.
Appoint-
ment of Com-
missioners.
9°GEORGII IV. CapAiv.
and by the Authority of the same, That from and after the passing
of this Act, the said recited Act, and all and every the Powers,
Authorities, Matters, and Things whatsoever therein contained, shall
be and the same is and are hereby repeated".
II.
Provided always, and be it further enacted, That all Assign-
ments, Leases, Grants, and other Conveyances made or granted/to
or by any Person or Persons, Body or Bodies Politic, Corporate, or
Collegiate, or any other Persons whomsoever, acting by virtue of or
under the Authority of the said Act, shall be as good, valid, and
effectual, to all Intents and Purposes whatsoever, as if the said Act
had not been repealed; and all Bonds, Mortgages, Notes, Assign-
ments, and Annuities, giv$» or granted
as;
a Security for any Monies
lent or advanced on the Credit arid in pursuance of the Directions
of the said Act, shall be charged, and they are hereby respectively
charged upon the Rates or Assessments herein directed to be made
for the Purpose of lighting,, cleansing, watching, and otherwise im-
proving the said Town; and tl^e Person or Persons from Time t<|
Time entitled to the
same"
respectively ShaH have, receive, and enjoy
all Interest due and to grow due on such Mortgages, Bonds, Secu-
rities,
and Assignments respectively (until the same shall be paid off
and discharged as hereinafter: r^pv^d)fc and the, said respective
Annuities out of the Rates and Assessments herein directed to be
made for the Purposes aforesaid, during the Term of the natural
Lives of the Persons for whose Lives such Annuities respectively
were granted.
III.
And be it further enacted, That each and every Rate and
Assessment made and assessed, arid
rk>w
dii&and payable, or to-become
due and payable, or otdesed to b© eolleetesd and levied under and by
virtue of the said recited Act,, shall continue to be due and payable,
and shall and may be collected Midlevlitf by such Ways arid Means
and under such Restrictions and Regulations as any Rates or Assess-
ments directed to be made in pursuance of this Act are directed in
and by this Act to be collected and levied, and shall be received and
applied by the Commissioners to be appointed by this Act, to and
for the Purposes of this Act'j and also all Debts and Penalties
incurred and due under and by virtue of the said Act, from any
Person or Persons whomsoever, shall and may be demanded and
recovered from such Person or Persons, and applied by the Com-
missioners, under the Powers and. Authorities of this Act^ for the
Purposes of this Act; arid all Contracts or Agreements heretofore
entered into with any Person or Persons whomsoever, under the
Authority and in execution of the said Act*, shall continue and be
valid and effectual, and shall arid may be- enforced by the Commis-
sioners to be appointed by virtue of this Act, as if entered into by
and with them the said (^ohimissioners to be appointed by virtue of
this Act. - ^
IV. And be it further enacted, That all His Majesty's Justices
of the Peace for the County of Warwick residing within Seven Miles
of the Town of Birmingham, together With Isaac Ainsworth,
Thomas?
Atkins, Roger Auster, Edward Bach, James Baker;, Samuel BztfiiS,
5 ".'""'* Be^dmin
9°GE0RGII IV. Cap.liv.
Benjamin Barns, William Beale, James Beale, James Belcher, William
Bingley, George Ryder
Bird,
Thomas
Blood,
John
Culthorpe
Bond,
Thomas Bower, Richard Brinton, James Busby, Ricliard Tapper
Cadbury, Thomas Clarke, William
Chance,
John
Cope
of Summer Hill,
John Cope of High Street, John W.
Crompton,
William Dadley,
Matthew Dixon, Henry Dunbar, Edward Eagle, John Earl, Humphry
Evett, Charles Fiddian, William Fiddian, Samuel Tertius Gallon,
Benjamin Guest, John
Greensall,
Samuel Haines, Richard Harborne,
Isaac Hill, Edward
Hobson,
John Holt, John Homer, Samuel Horton,
Samuel Hutton, Paul Moon James, Thomas Knott, John Towers
Lawrence, John Lawrence, Daniel Ledsam, John Linwood, George
Braithwate
Lloyd,
Oliver Mason, George Nicholls, William Henry
Osborn, Thomas Osier, John Oltley, Richard Peyton, James Pearson,
Thomas Pemberton, William Phipson, Joseph Phipson, Humphrey
Pountney, Joseph Richards, Westley Richards, John Ryland of High
Street, John Ryland of
Temple
Street,
Thomas
Ryland,
Joshua Schqfield,
Charles Shaw, John Slater, John Smallwood, Timothy Smith, Henry
Smith,
Robert Smith, Samuel Smith, Thomas Small, Homer Silvester,
William Henry Stewart, Joseph Sturge, James Taylor, John Turner,
Richard Tutin, John
Vale,
Joseph Walker,
Thomas
Waterhouse,
'Thomas
Welch, William Weston, Robert Wheeler, William Whitfield, Edward
Villers Wilkes, and their Successors, to be appointed as herein-after
mentioned, shall be and they are hereby appointed Commissioners for
putting this Act in execution.
V. And be it further enacted, That when any of the Commissioners For electing
herein named, or at any Time to be elected in pursuance of this Commis-
Act, (except the Lord of the Manor, and Magistrates acting for the y°"a*sci°sL1
County of Warwick as aforesaid,) shall die, or refuse to act, or be
rendered incapable of being a Commissioner, or acting as such, in
manner herein-after mentioned, it shall and may be lawful for the
remaining Commissioners at any Meeting in pursuance of this Act,
at which Meeting not less than Thirty-five Commissioners shall be
present, to elect one other Person, being an Inhabitant within the
said Town, and qualified as herein-after is mentioned, to supply the
Place of each Commissioner so dying, or refusing to act, or being
rendered incapable of acting, as herein-after is mentioned, Notice in
Writing, signed by the Clerk for the Time being of the said Com-
missioners, of such Meeting, and of the Purpose and Intent
thereof,
being previously given to or left at the House or last Place of Abode
within the said Town of each of the said remaining Commissioners,
Five Days at least, exclusive of the Day of delivering the same and
of the Day of Meeting; and every Person so elected is hereby
invested with the same Powers for putting this Act in execution,
and shall and may and is hereby authorized and empowered to act,
to all Intents and Purposes, in as full, large, and ample a Manner
as the Person in whose Stead he shall be so elected was and would
or might have acted: Provided always, that in case any Commissioner
or Commissioners (except the Lord or Lords of the Manor, and
Magistrates as aforesaid,) shall not attend at least Twice' in every
Year, to be computed from the Twenty-fourth Day of June in every
Year, at some of' the Meetings to be held for putting this Act in
execution, then and in every such Case every such Person shall cease
to
1151
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