Darlington Improvement Act 1823
| Jurisdiction | UK Non-devolved |
| Citation | 1823 c. iii |
| Year | 1823 |
ANNO QUARTO
GEORGII IV. REGIS.
******************************************#******#*#*
Cap.
iii.
An Act for lighting, cleansing, watching, and
otherwise improving the Town and Borough of
Darlington, in the County of Durham.
[24th
March
1823.}
W
HEREAS the Town and Borough of Darlington, in the
County of Durham, (through which the Great North Road
passes) is of considerable Extent, and a Place of great Resort:
And whereas it would tend greatly to the Accommodation, Safety, and
Convenience, not only of the Inhabitants of the said Town and Borough*
but of all Persons resorting to or travelling, through the same, if the
Streets, Lanes, and other public Passages and Places were properly
cleansed, lighted, watched, and otherwise improved, and if certain Nui-
sances, Annoyances, and Obstructions were removed, and Provision made
for preventing the like in future; but as such Purposes cannot be
effected without the Aid and Authority of Parliament; 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
George
Commission-
Allan,
John Allan, John Arden,
Thomas
Allan, Richard
Atkinson
Clerk, ers-
Thomas
Backhouse,
Jonathan
Backhouse,
Jonathan Backhouse
the younger,
William
Backhouse,
James
Backhouse,
John
Backhouse,
William Backhouse
the younger, John Baxter,
William
Bell, Robert
Botcherby,
John Botcherby,
[Local.~\ Gg Thomas
118 4°GE0RG1I IV. Cap.m.
Thomas
Bowes,
Jacob
Brantingham,
William Gascoigne
Brantingham,
George
Bainbridge Brown, Thomas Buttery, Richard Carlisle, Ralph
Child,
Thomas Chilton, Thomas Clark, Anthony Colling, Robert
Colling,
William
Crowe, Thomas Craddock, William Emmerson Dennison, John Dinsdale,
John Dixon, Robert Dixon, Christopher Dove, William
Dove,
John Dove,
James Dove, Samuel
Forster
the younger,
Joseph
Forster,
Thomas Forster,
Charles
Gollop,
William Gray, Robert Harrison, WilBam
Henderson,
Perkin
Hinde, Thomas Horner, Thomas Horner of Northgate, George Horner,
Ralph Horner, Ralph Horner the younger,
Christopher
Hird,
Thomas
Haw, Richard
Hodgson,
John Jans
on,
William
J'anson,
Francis Kipling,
William Kitching, Richard William Johnston, John George Lambton,
Harrington Lee, William Lee,
George
Dixon Lightfoot, William Lightfoot,
David Mac Keown, Francis Mewburn,
George
Middleton, Robert Mid.
dleton, William Ord, John Fdacuk Doctor of Medicine, Thomas Pease,
Edward-tease, Joseph Pease, Joseph Pease the younger,
Isaac
Pease,
John Pease, the Perpetual Curate of Darlington for the Time being,
John Beaumont Pease, Richard Pickersgill, Nathaniel Plews, William
Ptmifrst, Thomas Pomfret, Jobrf Pomfret,
Joseph
Porter,
George
Proven,
James Rickaby, William Ridsdale, Lawrence Ridsdale, Je'rvis Robinson,
Thomas
Pickering
Robinson,
John
Robinson,
John Robinson of Northgate,
William Robson, Thomas Rumford, William Rumford, William Rymer,
Pifftkney
Simpson,
Thomas Sitnfson, Henry Frtdtrkk Smith; Jeremiah
Savage, William Skinner, William Skinner the younger, John Holt
Skinner, Ralph Smith, John Smurthwaite,
Thomas
Smurthwaite, George
Spencer, Thomas Spencer, Robert
Stephenson,
George
Storrow, Richard
Scott, John Taylor, Anthony Thistlewaite, Humphrey
Thompson,
Joseph
Thornton, Thomas Todhunter, Edward Todhunter, John
Tolson,
James
Toulmin, James
Trertholm,-
John Tweddle, John 'turner, William
Walter's,
Bright Wast, James Wetstn, Rhhard
Wilson,
and Rtbert
Wilson,
arrd the
several other Persons from Time to
Time*
to be elected and appointed in
Manner herein-after mentioned, shall be and they are hereby appointed
Commissioners far lighting, cleansing, watching, and otherwise improving
the said Town and Borough of
Darlington,
and for putting this Act into
Execution.
Limits of
the
II. And be it further eaacted, That the Limits of
this-
Act shall for
Act- all the Purposes thereof be deemed arid taken to comprise the whole of
that Part of the Town and Borough of
Darlington
which is within the
Constableries of
Darlington
Bondgate,
and of
Darlington
Borough,
and of
Priestgate and
Prebend
Row ; and for the Purposes of this Act the whole
of such Constableries shall be considered! to be within the Limits of tfis
Town and Borough of Darlington.
Appointment ill. And be it further enacted, That in case aioy of the Commissioners
of new Com- app0mted or hereafter to be appointed under or by virtue of this Act,
missioners. ^ji ^ or s^gi]
refuse>
neglect, or become incapable to act as a
Commissioner in the Execution of this Act, theft and so often it shall
be lawful for the surviving or remaining Commissioners under this
Act, or any Five or more of them, assembled at the then next or some
subsequent Meeting which shall, be held by virtue of this. Act, and they
are hereby required, (the Death or Refusal, Neglect, to act, or Disability
of the Commissioner or Commissioners so dying, or. refusing, neglecting,
or
4°GE0RGII IV. Cap.'m. 119
»r becoming incapable to act as aforesaid, and the intended Election of
his or their Successor or Successors, being expressed in the Notice or
Summons for such Meeting), to elect and appoint a Commissioner
in the Room or Stead of every such Commissioner so dying, or refusing,
neglecting or becoming incapable to act as before mentioned; and
every such new Commissioner so from Time to Time elected and
appointed as herein-before is directed shall be joined with the other
Commissioners, and have the like Powers and Authorities vested
in him in all Respects whatsoever, for putting this Act in Execution,
as if he had' been named a Commissioner in and by this Act.
IV. Provided always, and be it further enacted, That no Person shall Qualification.
be capable of acting as a Commissioner in the Execution of this Act
tlaless he be a Householder resident within the said Town or Borough
oi Darlington, and shall really and bond fide be possessed of Real or
Personal Property, or both Species of Property taken together, amounting
to the Value of Eight hundred Pounds above Reprizes; nor shall any
Person be capable of acting as a Commissioner in the Execution of,
this Act (except in administering the Oath or Affirmation herein-after
mentioned) until he shall have taken and subscribed before One or
more of the said Commissioners, (who is and are hereby empowered to
administer the same), an Oath or Affirmation in the Words or to the Effect
following ; (that is to say),
* X A.B. do swear [or, being a Quaker, do solemnly affirm], That
< I am really and bond fide possessed of Real Property [or of Personal
' Property, or of Real and Personal Property added together, as the
''• Case
may
be~\
amounting to the Value of Eight hundred Pounds above
' Reprizes; and that I will faithfully, truly, and impartially, according to
' the best of my Skill and Judgment, execute and perform all and every
* the Powers and Authorities reposed in me as a Commissioner by virtue
* of an Act passed in the Fourth Year of the Reign of King George
' the Fourth, intituled, An Act, isfc. [here set forth the Title of this Act}.
' So help me GOD.'
V. Provided always, and be it further enacted, That if any Person not penoity 0n
appointed a Commissioner by this Act, or not having taken and sub- Commission*
scribed the Oath, or being a Quaker the Affirmation, hereinbefore men-
ers
acting
tfoned, or not being otherwise duly qualified, shall nevertheless presume
not.)]!eljg
to act as a Commissioner for putting this Act in Execution, every such <'u'
Person shall for every such Offence forfeit and pay the Sum of Fifty
Pounds, together with full Costs of Suit, to any Person or Persons
who shall sue for the same, to be recovered in any of His Majesty's
Courts of Record at
Westminster
; and every Person so prosecuted, or
against whom such Action shall be brought, shall prove that he was at
the Time of acting qualified as aforesaid, or otherwise shall pay the
said Penalty, without any other Proof given on the Part of the Plaintiff
or Prosecutor than that such Person has acted as a Commissioner in the
Execution of this Act: Provided nevertheless, that all Acts and Pro-
ceedings of any Person acting as a Commissioner in the Execution
of this Act, though not qualified as aforesaid, previous to' his or
their being convicted of the said Offence, shall, notwithstanding such
Conviction,
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