Lighting of Towns (Ireland) Act 1828

JurisdictionUK Non-devolved
Citation1828 c. 82
Anno Regni GEORGII IV. Britanniarum Regis, Nono. An Act to make Provision for the lighting, cleansing, and watching of Cities, Towns Corporate, and Market Towns, inIreland , in certain Cases.

(9 Geo. 4) C A P. LXXXII.

[25th July 1828]

'WHEREAS by an Act made in the Parliament ofIreland in the Fifth Year of the Reign of His late Majesty King George the Third, intituled Kilkenny,at the Assizes, to increase the yearly Salary of the Treasurer of the said County , certain Provisions were made with respect to the lighting and cleansing of Cities, for the lighting and cleansing of which no particular Provision was made by any Acts of Parliament then in force: And Whereas the said Provisions were amended by an Act made in the Parliament of Ireland in the Thirteenth and Fourteenth Years of the Reign of His said late Majesty, intituled : And Whereas the said recited Act of the Fifth Year aforesaid, so far as the same relates to the lighting and cleansing of the said Cities, was further amended and continued by an Act made in the Parliament ofIreland in the Twenty-fifth Year of the Reign of His said late Majesty, intituled : And Whereas by an Act made in the Thirty-sixth Year of the Reign of His late Majesty, intituled , the Regulations and Powers of the said hereinbefore recited Acts were extended to Towns Corporate and Market Towns, not being Cities: And Whereas by an Act made in the Parliament of the United Kingdomin the Forty-seventh Year of His said late Majesty's Reign, so much and such Parts of the said hereinbefore recited Acts as relate to the lighting, cleansing, and watching of any Cities, Towns Corporate, or Market Towns, inIreland , for the lighting, cleansing, and watching of which no particular Provision is made by any Act of Parliament in force in Ireland , were continued for Twenty-one Years; and by an Act made in this present Session of Parliament, so much and such Parts as aforesaid of the said several recited Acts are continued for One Year, and from thence until the End of the then next Session of Parliament, unless Provision shall in the meantime be made by Parliament for the Repeal of the said Acts, or of any of them: And Whereas the Provisions so made have not answered the good Purposes thereby intended, and it would greatly tend to the Improvement, good Order, and Security, and much promote the Trade and Prosperity, of the several Cities, Towns Corporate, Boroughs, Market Towns, and other Towns throughout Ireland , if effectual Provisions were established for the Purposes aforesaid, in lieu of the Provisions contained in the said recited Acts, and also for the Purpose of paving such Cities, Towns Corporate, Boroughs, and Market Towns, and for such Purposes as are hereinafter mentioned;' 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 Act so much and such Partsof the said several hereinbefore recited Acts, or any of them, as relate to the lighting, cleansing, and watching of any Cities, Towns Corporate, or Market Towns, inIreland , for the lighting, cleansing, and watching of which no particular Provision is made by any Act of Parliament in force in Ireland , shall be and the same are hereby repealed.

S-II On Application of 21 Householders of any City, &c. the lighting of which is not provided for, the Lord Lieutenant may order the Mayor, &c. of such City to convene a Meeting for the Purpose of carrying this Act into Execution.

II On Application of 21 Householders of any City, &c. the lighting of which is not provided for, the Lord Lieutenant may order the Mayor, &c. of such City to convene a Meeting for the Purpose of carrying this Act into Execution.

II. And be it further enacted, That from and after the passing of this Act, upon the Application of Twenty-one or more Householders residing in any City, Town Corporate, Borough, Market Town, or other Town, inIreland , the lighting, watching, cleansing, or paving of which is not provided for by or under any Act of Parliament, each of such Householders occupying a Dwelling House or other Tenement of the annual Value of Twenty Pounds or more, it shall be lawful for the Lord Lieutenant or other Chief Governor or Governors of Ireland to authorize the carrying this Act into Execution, and for that Purpose to order and direct that the Mayor or other Chief Magistrate of any such City, Town Corporate, or Borough, or any Two or more Justices of the Peace resident within Ten Miles of any such Borough or Market Town, or other Town, not being a Town Corporate, shall convene a Meeting for the Purpose of carrying this Act into Execution, and shall preside thereat; such Orders and Directions to be signified by the Chief Secretary of the Lord Lieutenant or other Chief Governor or Governors, or in his Absence by the Under Secretary; and a Copy of such Orders and Directions, with the Names of the Parties signing the Application for the same, shall be inserted, under the Direction of such Chief Secretary, in the Dublin Gazette , and in some One or more public Newspaper or Newspapers published in such City, Town Corporate, Borough, Market Town, or other Town, if any be therein published, and if none be therein published, then and in such Case in the Newspaper published nearest to such City, Town Corporate, Borough, Market Town, or other Town.

S-III Notice of Meeting shall be given within Ten Days after Receipt of Orders, and Meeting shall be held 21 Days after Notice.

III Notice of Meeting shall be given within Ten Days after Receipt of Orders, and Meeting shall be held 21 Days after Notice.

III. And be it further enacted, That such Meeting shall be holden at some convenient Place within such City, Town Corporate, Borough, Market Town, or other Town, and that the said Mayor or other Chief Magistrate or Justices, as the Case may be, shall, within Ten Days after the Receipt of such Orders and Directions signified as aforesaid, appoint and notify a Time and Place for the said Meeting; and 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 first Notification of the same; and that such Notification shall be made by affixing a Notice on the principal outer Door or Doors of any and every Parish Church situate within such City, Town Corporate, Borough, or Market Town or other Town, and also on the principal Market House or Place where Markets are usually holden in the same, and also on the Guildhall or Townhall, if any, and also on the Door of the Sessions House where the General Quarter Sessions of the Peace shall be holden for such City, Town Corporate, Borough, or Market Town, or for the Division in which any such Market Town or other Town shall be situate, and also by causing a Notice to be inserted Three Times in some One Newspaper published within such City, Town Corporate, Borough, Market Town, or other Town, if any be therein published, and if none be therein published, then and in such Case in the Newspaper published nearest to such City, Town Corporate, Borough, Market Town, or other Town.

S-IV At such Meetings, all Inhabitants of Houses rated at 5 l. in the City, &c. or within One Mile thereof, shall vote.

IV At such Meetings, all Inhabitants of Houses rated at 5 l. in the City, &c. or within One Mile thereof, shall vote.

IV. And be it further enacted, That at any Meeting convened as hereinbefore directed, every Person who shall reside within the City, Town Corporate, Borough, Market Town, or other Town where such Meeting shall be held, and who shall have been assessed or charged by the last Rate made at Vestry in the Parish wherein such Person shall dwell, for or in respect of a Dwelling House or other Tenement of the computed annual Value, according to the said Rate, of Five Pounds or more, shall be admitted and entitled to vote, and no other Person whatsoever; and that wherever it shall happen that the Limits of any Town may not be defined, every Person shall be admitted to vote who, being assessed as aforesaid, shall reside within the Distance of one Irish Mile from the principal Market House of such Town, if any there be, and if none, then within the Distance of One such Mile from the Verge or Boundary of the Place where the principal Market of such Town is usually held.

S-V Persons liable to Parish Rates, and consenting to be rated, may vote.

V Persons liable to Parish Rates, and consenting to be rated, may vote.

V. Provided always, and be it enacted, That when any Person shall have become liable to be rated in any such Parish at any Time after the making of the last preceding Rate, and shall consent to be rated in like Manner as if he had been actually rated for the same, such Person shall, if otherwise qualified, be entitled to vote as if he had been actually rated; and that every Person residing in any Extraparochial Part or Place, and occupying therein a Dwelling House or Tenement of the annual Value of Five Pounds or more, shall be entitled to vote, although not charged in any Parochial Rate to the same; any thing hereinbefore contained to the contrary notwithstanding.

S-VI Persons neglecting to pay on Demand shall not vote.

VI Persons neglecting to pay on Demand shall not vote.

VI. Provided also, and be it enacted, That no Person who shall have refused or neglected to pay any Rate duly imposed at Vestry as aforesaid, and which shall have been demanded from him, shall be entitled to vote or to be present at such Meeting called as has been hereinbefore directed, until he shall have paid and satisfied such Rate.

S-VII Right of voting shall be decided by Chairman of Meeting.

VII Right of voting shall be decided by Chairman of Meeting.

VII. And be it further enacted, That if any Controversy shall arise at any such Meeting, as to the Qualification or Right of...

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