Cheltenham Improvement Act 1821

Publication Date:January 01, 1821
Cheltenham Improvement Act 1821

(1 & 2 Geo. 4) c. cxxi

An Act for better paving, lighting, cleansing, watching, and improving the Town of Cheltenham, in the County of Gloucester; and for regulating the Police thereof; and for removing and preventing Nuisances and Annoyances therein

[23 June 1821]

ANN0 PRIM0 & SECUND0 GEORGII IV. REGIS, Cap. cxxi. An Act for better paving, lighting, cleansing, watching, and iniproving the Town of Cheltenham, in the County of Gloucester; and for regulating the Police thereof; and for removing and pre- venting Nuisances and Annoyances therein. [23d June 1821.1 HEREAS an Act was passed in the Twenty-sixth Year of the Reign of His late Majesty King George the Third, in- w tituled An Act for paving the Footways and Passages in the 26G.3.c.116. Town of Cheltenham, in the County of Gloucester, and for better cleansing and lighting the said Town; for taking down certain old Buildings now standing therein, and for remouing and preventing other Encroachments, Nuisances, and Annoyances : And whereas another Act was passed in the Forty-sixth Year of the Reign of His said late Majesty, intitded An Act for amending and enlarging the Powers Of 46G.3.c.117, an Act passed in the Twenty-sixth Year of His present M~esty, for paving the Footways and Passages in the Town of Cheltenham, in the County of Gloucester, and for better cleansing and lighting the said Town, and jbr removing and preventing A'uisances and Annoyances therein : And whereas since the passing of the said last-mentioned Act, the Number of Inhabitants and Number of Houses and Build- ings in the Town of Cheltenham have greatly increased, and the mid [Local.] 49 c Town 3782 Former Acts repealed ; but the Ar- rears of Rates remaining due thereon shall remain liable. 1" & 2" GEORGII IV. Cap. cxxi. Town has, on account of the Salubrity of its Air and Mineral Waters, become a Place of great Public Resort: And whereas the Powers and Provisions of the said Acts have been found in many respects insufficient for the Purposes intended, and it is expedient that other Powers and Provisions should be granted and made for better paving, lighting, cleansing, watching, and improving the said Town of Chel- tenkm ; and for regulating the Police thereof; and for removing and preventing Nuisances and Annoyances therein : 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 from and after the passing of this Act, the said Two several re- cited Acts of the Twenty-sixth and Forty-sixth Years of His late Majesty, shall be and the same are hereby declared to be repealed : Provided always nevertheless, that all and every Person and Per- sons from or by whom any Rates, or any Arrears of Rates, laid or assessed by virtue of the said recited Acts or either of them, shall be clue or unpaid at the Time of passing this Act, shall remain and be liable to the Payment thereof in all respects as such Person and Persons was or were liable before the passing of this Act, or would have been liable if the said recited Acts had not been repealed and were still in force ; and a11 such Rates and Arrears of Rates shall be paid to and received by the Commissioners for executing this Act, or their Collectors or Receivers, to be appointed as herein-after men- tioned, and shall and may be recoverable and recovered in the same Manner, and by the same Ways and Means, as if such Raks or Arrears of Rates had been laid or assessed or become due under or by virtue of this Actt and as the Rates by this Act granted inay be recovered and levied by virtue of this Act ; and that each and every Tt&surer, Collector, or other Person in whose Hands, Custody, or Control any Money received or colkcted under or by virtue of the said recited Acts shall be at the Time of passing this Act, shall be and temain liable to pay, deliver up, and account for the same to the Commissioner$ for executing this Act, as if the said recited Acts had not been repealed, or as if such Money had come to their or any of kheir Hands by virtue of this Act; and that all Contracts, Stipula- tions, or Agreements entered into by the Commissioners acting by or under the said recited Acts, or either of them, with any Person or Persons whomsoever, shall, notwithstanding the Repeal of the mid Acts, subsist and continue for such Term or Terms, and in smh Manner, as according to the Tenor or Spirit thereof respectively the Same would have subsisted and continued in case the said re&,d Acts had not been repealed; and this Act, ad also the Rates or Assessments hereby granted or authorized to be made, shall be and are hereby made subject and liable to the Payment, ;t9 well of all Monies which have been borrowed and are now due and owing on the Credit or on Account of the said Acts, or either of them, together with all Interest due and to grow thereon, as also of all Monies whiah ma be borrowed by virtue ofthis Act, as herein-&er mentioned, as f& and effectually to all Intents and Purposes whatsoever as if mh Monies had been wholly borrowed and become due and owing on the Credit or on Account of tbis Act. 9 11. And lo tk 2" GEORGII IV. Cap.cxxi. 3783 1%. Add be it further enacted, That Sir William Hicks Baronet, Commission; Jom@ Pitt, Sir John Duckett, Michael Hickes Beach, William Plumer, Charks Shaw Lefevre, Jarhes Agg, Simpson Anderson, John Brown, Joseph Brookes, William Innes Baker Clerk, John Briggs, George de Brissac, William Buckle, Thomas Packer Butt, WilZiam Humphries Barrett, James Arkell, Thomas Byrch, John Byrch, Joseph Bickham, John Bastin, William Ballinger, Richnrd Critchett, Christopher Gipel Clerk, William Capel the younger, Daniel Capel, Charles Coxwell Clerk, Charles Coxwell the younger, Thomas Christie Doctor of Medicine, John Clarke, George Catclwell Clerk, Robert Capper, James Clutterbuck, Christopher Cole, Robert Crump, the Right Honourable Henry Prittie commonly called Lord Dunally, Thomas Baghott De la Bere, James Godwin Davis, John Dazvson, Thomas Edwards, Thomas Fisher, Richard Forster, Peter Frost, Henry Fowler, Rowland Freeman, Henry Foulkes Doctor in Divinity, Thomas Gray, William Gyde, John Gardner, Thomas Grfiths, William Gregory, James Graham Philip Godsal, James Gore, Theodore Gwinnett, Robert Hughes, General John Hughes, James Lloyd Harris, E&dard Howell, Henry William Harris, Thomns Henney, James Hawkins, Samuel Higgs, John Higgs, Walter John Hamilton, John Harward Clerk, Thomas Harward Clerk, Baynham Jones, John Jones, Gilbert Jones, Thomas Jones, Thomas Jordan, Thomas Jameson Doctor of Medicine, Edward Jenner Doc tor of Medicine, Charles Jervis Clerk, Benjamin Kingston, Alexander Kelty, Edward Leighton, the Honourable Robert Moore, Thomas Marlzham, Thomas Minster, Edward Matthews, Conrad John Matthieson, Wilson Macklin Clerk, George Matlegon, James Mat- thews, Edward Matthews, William Saunders Miller Clerk, Thomas Neman, William Nettleship, Thomas Nash Doctor in Divinity, Thomas Newell Doctor of Medicine, John Neale Clerk, Charles New. aarch, Onslow Dean of Worcester, JoJan Harvey Ollney, General John Orr, Sir Loftus Otway, Thomas Pruen Clerk, Richard Pruen, Harry Rooke, William Russell, John Riddell, William Read, Robert Tristram Ricketts, John Roebuclc, Thomas Smith (North Place), Richard Slcillicorne Skillicorne Clerk, Thomas SmitJi (High Street), William Stone, Charles Seager, William Stephens, Charles Hanliu y Tracy, Edward Tatham Doctor in Divinity, Robert Lawrence Town. send Doctor in Divinity, Thomas Wells Doctor in Divinity, Cornelius Woolley, Hugh Hughes Williams Clerk, James Wood, Richard White, John Gregory Welch, Charles Wynne, Francis Workman, Edmund Mai.tin Welles, and Robert Younghusband, shall be and they are hereby appointed Commissioners for carrying this Act into Execution. 111. Provided always, and be it further enacted, That no Person Qualification herein-before named and appointed a Commissioner shall be capable of Commis- of acting as a Commissioner in any Case in the Execution of this sioners* Act, who is or shall be a Victualler, or who shall sell Ale, Wine, Cyder, or any Spirituous Liquors by Retail, or during the Time he shall hold or enjoy any Office or Place of Profit under this Act, or be concerned in any Contract made by virtue or in pursuance of this Act, or in any Case wherein he shall be in anywise personally or bene. ficially interested in the Matter in question (except as a Creditor on the Rates or Assessments) ; nor unless he shalt be in his own Right, or 3784 1%2" GEORGII IV. Cap. cxxi. or in the Right of his late or present Wife, in the actual POW%&, Enjuyment, and Receipt of the Rents and Profits of Messuagcm, Lands, Tenements, or Hereditaments, of an Estate of Inheritance, or for Life or Lives, or for any Term of Years exceeding Sixty Years, either absolutely or determinable on any Life or Lives, of the clear yearly Value of Fifty Pounds above Reprizes and Incumbrances, or - possessed of such Estate or Estates as last mentioned, and a Personal Estate jointly, or a Personal Estate alone, to the Amount or Value of One thousand Pounds, over and above the Amount of his Debts ; nor (except in administering the Oath or Affirmation to the Chair- man of a Meeting as herein-after mentioned) until he shall have taken and subscribed an Oath or Affirmation in the Form of Words following : I A. B. do swear, [or, being one of the People called Quakers, do 6 solemnly declare and affirm], That I am really and bondsde in my own Right, [or, in the Right of my Wife, late or present, as the Case may be], now in the actual Possession, Enjoyment, and Receipt of the Rents and Profits of Messuages, Lands, Tenements, 6 or Hereditaments, of an Estate of Inheritance, or for Life or Lives, 6 or for a Term or Terms exceeding Sixty Years, either absolutely...

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