Downham Market Improvement Act 1835
| Jurisdiction | England & Wales |
| Citation | 1835 c. lii |
| Year | 1835 |
ANN0
QIJINTO
&
SEXTO
GULIELMI
IY
REGIS.
Cap.1ii.
An
Act
for
paving, lighting, and
watching the
Town
and
Parish
of
Doz.u12hccm
Murket
in
the
County
of
Norfolk.
[3d
Jzily
1835.1
HEREAS
the Town and Parish
of
Dozernhnm
Market,
situate
on the East Side of the River
Ouze
in the County
of
Ncrfoolk,
W
is
a Place
of
considerable Resort, and the Roads, Streets,
Ways, Lanes, and other Passages and Places therein are very insufficiently
repaired, paved, lighted, cleansed, and watched
:
And whereas there
are within the Market Place
of
the said Town and Parish certain Houses,
Buildings, and Erections which obstruct the Thoroughfare through the
said Town and Parish, and render the same very incornmodious
to
Persons resorting
to
and passing through the same: And whereas
it
would tend
to
the Benefit, Convenience, and Safety
of
the Inhabitants
of
the said Town and Parish
if
the said Roads, Streets,
Ways,
Lanes,
and other Passages and Places were properly repaired, paved, lighted,
cleansed, and watched, and
if
the narrow and incommodious Parts
of
the same were widened, enlarged, and improved, and if proper Regulations
were made and established for the Government and
Police
thereof, and
it would be very advantageous
to
all Persons frequenting the said Market
Place
if
the
aforesaid
Houses,
Buildings, and Erections were taken down
and
removed,
and the Sites thereof cleared
;
but the Purposes aforesaid
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
[
Locul.]
16
U
Coiisen t
1458
Commis=
sioriero
appointed,
On
Death-
&c.
of
COlll
r~iissioners,
others
to
be
chosen.
5”
&
6
GULIELMI
117.
Cap.
hi.
Consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the same, ‘That
Patrick Raker, Frederic Browne
Bell,
Edniund Bellaniy
Clerk,
Henry
Bolton, James Betts, William Casebow, Martin Coulcher, John Thurlow
Dering, John Dyson, John
Dixon,
Jonathan Flower, Richard Porter Gnrritt,
John
Gr@n,
Sir
Thomas Hare
Baronet,
Edward
Hett,
Chrhtopber Thomas
Agrippa Hunter, Alexander Hett, Thomas Harris, VTlilliani Lemnion, George
William Lamon, George
M
umford, William Oakes, Edward
Roger
Pratt,
Edward
Roger
Pratt
the younger,
James Pateson, John Powell, Thomas
Rosher,
William Say, Joel SnaJdell, Frederick True, William Townley
,
Thomas Garneys Wales, John Willimott, George Augustus Ward, Thonias
Wright,
Robins
Steed
Wright,
and their Successors, to be elected and
appoinred in manner herein-after mentioned, shall be and they are hereby
appointed Commissioners
for
carrying
this
Act into execution, and such
Commissioners shall be a Body Politic and Corporate, and shall be
called and known by the Name of
“
The Commissioners for regulating
the Town and Parish
of
Downham Market
in the County of
NoITfDlk,”
and by that Name shall and may have perpetual Succession and
a
Com-
mon Seal, and by that Natne shall and may sue and be sued, and shall
and may hold any Lands, Tenements, and Hereditaments which they
are by this Act authorized to purchase, without incurring any of the
Penalties or Forfeitures of the Statutes of Mortmain.
11.
And be it further enacted, That when any Commissioner herein
named or hereafter to be elected shall die,
or
be or become disqualified,
or shall go to reside beyond the Distance
of
Six Miles from
Downham
Market
aforesaid, such Death, Disqualification,
or
the going to reside as
aforesaid shall be declared as
a
Vacancy in the said Commissioners and
be entered in
the
Books of the said Commissioners at one of their Meet-
ings
to
be held under and by virtue of this Act, and then and in every
such Case it shall be lawful far the Occupiers
of
Messuages, Houses, or
other Buildings within the said Town and Parish to hold
a
Meeting in
some convenient Place
in
the said Town and Parish for the Purpose
of
supplying such Vacancy, and such Meeting shall and may be held within
Twenty-one Days next after such Declaration to be made by the Coni-
inissioners
as
aforesaid, and shall be convened by the Clerk to the said
Commissioners by Notice affixed upon the Church Door of the said Parish
at least Ten Days previously to the Day
of
holding such Meeting
;
and
it
shall be lawful for such Occupiers assembled at such Meeting once to
adjourn the same, and at such Meeting the said Occupiers
or
the Majority
in Votes
of
the said Occupiers there assembled shall and may
proceed
to
the Election of a
fit
Person, being qualified as herein-after
is
mentioned,
to
be a Commissioner to supply such Vacancy
;
and every Person
so
to be
appointed
is
hereby vested with the same Powers for putting this Act
into execution as
if
he had been expressly named a Commissioner in and
by
this Act
;
and every such Occupier as aforesaid present who shall by
the last Rate which shall have been made for the Relief of the Poor within
the said Town and Parish have been charged
or
assessed upon or in respect
of any annual Rent, Profit,
or
Value, shall have and be entitled to give
One Vote; and at all such Meetings a Chairman shall and may be
appointed, who, upori an
Equality
of
Votes on any Question (including
the Vote of such Chairman), shall have the decisive or casting Vote as
Chair man.
111.
Pro-
5"
&
6"
GULIELMI
IV.
Cup.
lii.
1459
111.
Provided always, and be
it
further enacted, That no Person, except
Qualification
he is hereby expressly named and appointed
a
Commissioner in and by
Of
this Act, shall be capable
of
acting as a Commissioner in the Execution
of
this Act, unless he shall be an Occupier
of
Messuagee, Houses, or
other Buildings within the said Town and Parish, and shall really and
bona"
jde,
in his own Right or in the Right
of
his Wife, be seised or
possessed of Messuages, Houses, or other Buildings
of
the clear yearly
Value
of
Fifteen Pounds,
or
be the Tenant
or
Occupier
of
Messuages,
Houses, or other Buildings within the said Town and Parish of
the
clear yearly Value
of
Twenty Pounds.
sioners.
IV.
And be it further enacted, That no Person shall be capable of
Disquaiifica-
acting
as
a
Coommissioner in the Execution
of
this Act who shall be
tionofCo1n-
or become bankrupt or insolvent,
or
who shall accept or hold any Place
of
Profit, or have any Share or Interest, either directly or indirectly,
in any Bargain or Contract under this Act,
or
who shall sell Ale, Beer,
Wine,
or
Spirituous Liquors by Retail; and no Person, during
the
Time
he shall be such Commissioner, shall be capable
of
taking or
entering into any such Bargain
or
Contract, nor shall any Commissioner
act in any Matter in which he shall
be
personally interested
:
Provided
always, that no such Ilisqualification as aforesaid shall extend
to
prevent
any Person from acting as a Commissioner in the Execution of this
Act by reason of his being
a
Creditor on the Rates and Assessments
to
be raised and levied under this Act, nor by reason
of
his having any
Share
or
Interest in any Gas Light Company established or to be estab-
lished, save only
so
far as relates
to
the making, enforcing, compounding,
or annulling any Bargain or Contract between the said Commissioners
and such
Gas
Light Company: Provided also, that it shall be lawful
for such of the said Commissioners as are or shall be Justices of the
Peace to act as such in the Execution
of
this Act, notwithstanding their
being Commissioners, except in Cases where they shall
be
personally
interested.
missioners.
V.
And be
it
further enacted, That
if
any Person not being qualified
Peiinlty
f'or
as aforesaid (except he
is
expressly named and appointed a Commissioner
Conlnlis-
in and by this
Act),
or having ceased to be qualified according to the
sioners
when
not
acting
Directions of this Act, or being disqualified by any of the Causes afore-
qualified,
said, shall, with Knowledge of his Disqualification, act as a Commissioner
in the Execution of this Act, every such Person shall for every such
Offence forfeit and pay the
Sum
of Fifty Pounds to any Person who
shall sue for the same, to be recovered, with full Costs of
Suit,
in any
of
His
Majesty's Courts
of
Record at
Westminster,
by Action
of Debt
or on the Case, or by
Bill,
Plaint, Suit, or Information
;
and every Person
so
sued or prosecuted shall prove that he was at
the
Time
of
acting
qualified
as
aforesaid, or otherwise shall pay the said Penalty, without any
other Proof or Evidence being given on the Part of the Plaintiff or
Prosecutor than that such Person hath acted
as
a Commissioner in the
Execution of this Act with Knowledge of
his
Disqualification
:
Provided
always, that all Acts and Proceedings
of
any Person acting as a Com-
missioner in the Execution
of
this Act, though not duly qualified, done
previously to his being
so
convicted, shall be as valid and effectual as if
such PersJn had been
duly
qualified as aforesaid.
VI,
And
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