Lighting and Watching Act 1833
| Jurisdiction | UK Non-devolved |
| Citation | 1833 c. 90 |
(3 & 4 Will. 4) C A P. XC.
[28th August 1833]
'WHEREAS an Act was passed in the Eleventh Year of the Reign of His late Majesty KingGeorge the Fourth, intituled An Act to make Provision for the lighting and watching of Parishes in England and Wales: And whereas Doubts have arisen as to the Construction of some of the Provisions of the said Act, and it is expedient that the said Act should be repealed, and that other Provisions should be substituted in lieu thereof:' be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and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 Actthe said Act passed in the Eleventh Year of the Reign of His said late Majesty KingGeorge the Fourth shall be and the same is hereby repealed.
II Such Repeal not to affect the Proceedings under that Act previous to the passing of this Act.
II. Provided always, and be it further enacted, That nothing herein contained shall extend or be deemed or construed to interfere with any Rates made, Acts done, or Contracts or Agreements heretofore made under the Authority of the said recited Act previous to the Repeal of the said Act, or to prevent or defeat any Prosecution commenced or to be brought for any Offence against the said Act; but all Rates made, and Penalties and Forfeitures incurred, may be raised, levied, sued for, and recovered, and all Contracts and Agreements may be enforced, and all Nuisances and other Offences made or committed previously to the Repeal of the said recited Act against the Provisions of the said Act may be abated or prosecuted by the Inspectors appointed under the said recited Act or this Act, in the same Manner to all Intents and Purposes as if this Act had not been passed.
III Inspectors under former Act to continue.
III. Provided always, and be it further enacted, That the Inspectors appointed under the Authority of the said recited Act shall continue to act, and shall have the same Powers, Authorities, and be subject to the Discharge of the same Duties as the Inspectors to be appointed under the Authority of this Act.
IV Act applicable to all Parishes.
IV. 'And whereas it is desirable to make Provision for the lighting and watching of the several Parishes inEngland and Wales; ' be it enacted, That this Act, and the several Provisions thereof, shall apply to and may be adopted, under and subject to the Regulations herein contained, by all or any or either of the Parishes in England and Wales .
V On Application of Three rated Inhabitants, Churchwardens to convene a Meeting in Vestry to determine whether the Provisions of this Act shall be adopted.
V. And be it further enacted, That from and after the passing of this Act, upon the Application in Writing of Three or more of the Rate-payers of any Parish, it shall be lawful for the Churchwardens thereof, and they are hereby required, within Ten Days after the Receipt of such Application as aforesaid, to appoint and notify a Time and Place for a public Meeting of the Rate-payers of the said Parish, for the Purpose of determining whether the Provisions in this Act contained shall be adopted and carried into execution in the said Parish: Provided always, that the Time appointed for holding the said Meeting shall not be less than Ten Days and not more than Twenty-one Days from the Time of the said Application so being delivered to them as aforesaid, and that Notification of the Time and Place of Meeting shall be made by forthwith affixing a Notice on the principal outer Door of every Parish Church or Chapel situate within such Parish, or on the usual Place of affixing Notices relating to the Parochial Affairs of any such Parish, and also by Publication of the same in the Parish Church or Chapel on theSunday previous to the Day appointed for holding such Meeting, during or immediately after Divine Service.
VI Chairman to be elected, who shall determine any Controversies.
VI. And be it further enacted, That such Person as may be elected by the Rate-payers present shall preside as Chairman at such Meetings; and that if any Controversy shall arise at any such Meeting as to the Qualification or Right of voting or Eligibility of any Person claiming to vote, or as to the Qualification or Eligibility of any Candidate, such Controversy shall be determined by the Chairman presiding at such Meeting.
VII Chairman to read Requisition, and require Persons to determine if Act shall be adopted.
VII. And be it further enacted, That the Chairman who shall preside at any Meeting assembled as herein directed shall read or cause to be read the Requisition whereupon the Meeting shall have been summoned, and shall require the Persons assembled thereat to determine by Majority of Votes, as herein mentioned, whether the Provisions of this Act, as herein set forth, shall or shall not be adopted and acted upon within such Parish: Provided nevertheless, that it shall be lawful for the Majority of the Rate-payers present to adjourn such Meeting from Time to Time.
VIII If Meeting determine to proceed, the Provisions of this Act shall thenceforth take effect.
VIII. And be it further enacted, That if at any such Meeting it shall be determined by a Majority consisting of Two Thirds of the Votes of the Rate-payers present at such Meeting that the Provisions of this Act shall be adopted, then and in such Case such Provisions shall from thenceforth take effect and come into operation in such Parish; and it shall forthwith be determined that a certain Number not being more than Twelve nor less than Three Inspectors shall be elected to carry such Purposes into effect; and the Number of Inspectors so determined upon shall be elected in manner herein mentioned.
IX Inhabitants to fix Amount of Money to be raised.
IX. And be it further enacted, That the Rate-payers of such Parish shall at their first Meeting, or at some Adjournment thereof, and so on from Time to Time in every succeeding Year at a Meeting to be called far that Purpose in manner herein directed, fix and determine the total Amount of Money which the Inspectors shall have Power to call for in any One Year, in order to carry into effect the Provisions of this Act, such Sum to be raised in the Manner herein directed, upon the full and fair annual Value of all Property rateable for the Relief of the Poor within such Parish, such full and fair annual Value to be computed according to the last Valuation for the Time being acted upon in assessing the Poor's Rate for the said Parish: Provided nevertheless, that any Five rated Inhabitants, qualified to vote as herein mentioned, may, at such Meeting or Adjournment thereof, in Writing given to the Chairman of the said Meeting, demand a Poll to be taken of the Rate-payers qualified to vote upon the Question as to whether this Act and the Provisions thereof, or any Part thereof, shall be adopted in such Parish, and also as to the Amount of Money to be raised in the succeeding Year for the Purposes thereof, and the Number of Inspectors to be elected as determined at such Meeting, and which said Demand of a Poll the said Chairman is required forthwith to deliver to the Churchwardens of the said Parish.
X Notice of Poll to be given by Churchwardens.
X. And be it further enacted, That the said Churchwardens of the said Parish shall, on the firstSunday next after the Receipt of such Demand of a Poll, affix or cause to be affixed a Notice on the principal outer Door of every Parish Church or Chapel situate within such Parish, or on the usual Place of affixing Notices relating to Parochial Affairs of any such Parish, specifying some Day, not earlier than Ten Days and not later than Twenty-one Days after suchSunday , and at what Place or Places within the said Parish, the Rate-payers are required to signify their Votes for or against the Adoption of this Act, or such Part thereof as may have been agreed upon at the said Meeting, as well as with respect to the annual Amount of Money to be raised in the succeeding Year for the Purposes thereof, and the Number of Inspectors to be elected as determined at such Meeting, which Votes shall be received on Two successive Days, commencing at Eight of the Clock in the Forenoon and ending at Four of the Clock in the Afternoon of each Day; and the said Notice shall be to the following Effect:
T HE Churchwardens of this Parish [insert the Name of the Parish ] having received a Demand for a Poll, duly signed according to the Provisions of an Act of the Fourth Year of the Reign of King William the Fourth, intituled An Act, &c. [setting out the Title of the Act ], the Rate-payers of this Parish of [insert the Name of the Parish ] are hereby required, all and each of them, on the Day of next, and the following Day, to signify to the said Churchwardens, by a Declaration, either printed or written, or partly printed or partly written, addressed and delivered to One of the Churchwardens at [insert here...
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