Tormoham Improvement Act 1835
| Jurisdiction | England & Wales |
| Citation | 1835 c. xlv |
| Year | 1835 |
ANN0
QUINT0
&
SEXTO
GULIELMI
IVI
REGIS.
cap.
xlv.
An
Act
for
lighting,
watching, and
improving
the
Parish
of
Tormoham
in
the
County
of
Devon.
(3d
JzcZy
1835.1
HERE
AS
the Parish of
Tormoham
in the County
of
Devon
has
lately become a Place of great Resort, and the Population and
Buildings
of
the said Parish have lately much increased and
are still increasing, and
it
would be of great Advantage and Convenience
to the Inhabitants thereof and to the Public if proper Provisions were
made for lighting, watching, paving, cleansing, and otherwise improving
the Streets and other public Places within the said Parish, and for remov-
ing and preventing Nuisances and Annoyances and preserving the Peace
and
good
Order therein
;
but the
same
cannot be done 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 the Persons by this Act to be appointed as herein-after men-
Comniis-
tioned
shall
be
the Commissioners for carrying this Act into execution.
sioners.
11.
And be
it
further enacted, That every Male Person
of
hll
Age,
Qualification
being an Occupier
or
Owner and in the actual Possession and Enjoyment
of
Electors.
or Receipt of the Rents and Profits of Lands within the said Parish,
rateable under this Act, of the clear yearly Rent or Value of Fifteen
Pounds at the least, shall be entitled to vote at the Elections of the said
Commissioners
:
Provided always, that after a Rate shall have been made
under this Act no Person shall be eligible
or
qualified to act as such
Commissioner,
or
entitled to vote
at
such Elections, unless the Lands in
[Local.)
'3
€3
respect
1134
Qiialification
of
Commis-
j
i
o
II
ers
.
Penalty
on
Conimis-
sioners acting
not
being
qualified.
5"
&
6"
GULIELMI
IV.
Cap.
xlv.
respect or in right of which he shall claim to be eligible or qualified to
act as such Commissioner, or
to
vote at such Elections, shall be duly
assessed and charged in the last Rate which shall have been made under
this Act, nor unless such Person shall have paid
all
such Rates (if any)
as shall be due from him under this Act at the Time of such Election,
except such as shall have been made or become due within One Calendar
Month immediately preceding such Election, nor before any such Rate
shall have been tnade, unless such Person shall have been rated for the
Lands in respect or in right
of
which he shall claim to be eligible
or
qualified to act or vote as aforesaid in all the Rates made for the Relief
of the Poor
for
One Year preceding his
so
voting or acting, and all such
Rates, except such as shall have been made or become due within One
Calendar Month preceding such acting or voting, shall have been duly
paid.
111.
And be it further enacted, That no Person shall be elected or
qualified to act as such Commissioner unless he shall be an Occupier or
Owner and in the actual Possession and Enjoyment or Receipt
of
the
Rents and Profits of Lands held for a Life or Lives or for a Term or
Terms of Years within the said Parish, rateable under this Act, of
the clear yearly Rent
or
Value of Fifty Pounds
at
the least, nor unless
he shall reside within the said Parish, nor during the Time he shall hold
any
Office or Place
of
Profit under this Act, nor
in
any Case wherein he
shall be personally interested (except as a Creditor on the Rates to be
levied by virtue hereof), nor if he shall be concerned or interested in any
Contract or Bargain
for
supplying, selling, or performing any Article,
Contract,
or
Thing to be employed, performed, or used for the Purposes
of
or under this Act, or shall sell Beer, Ale, Cider, Wine, or any Spirituous
or other Liquors or Provisions by Retail, or be a Victualler or Innkeeper,
nor who shall cease to be the Owner
or
Occupier of such Lands
as
aforesaid
:
Provided always, that such 'of the said Commissioners
as
are
or
shall be Members of the
Torquay
Gas Company shall not be
dis-
qualified from aciing as Commissioners by reason thereof, or
of
any Share
or Interest he
or
they may have or be entitled unto as a Shareholder
or
Proprietor of or in such
Gas
Company or the Concerns thereof.
IV.
And be
it
further enacted, That if any Person
shall
act
as
a Com-
missioner in the
Execution
of
this
Act without being duly qualified
as
aforesaid, or being disqualified
for
any of the Causes in this Act men..
tioned, he shall for every such Offence forfeit and pay the Sum of One
hundred Pounds,
to
be recovered, with Costs of Suit, in any of
His
Majesty's Courts
of
Record at
Westminster,
by any Person who shall
sue
for the same, by Action of Debt or on the Case,
or
by
Bill,
Suit,
or
Information, wherein no Essoign, Protection,
or
Wager at Law, nor more
than
One
Imparlance, shall be allowed
;
and any Person
so
prosecuted
or sued shall prove that he was qualified or that he was not disqualified,
as
the Case may be, at the Time
of
acting, or otherwise shall pay the
said Penalty and Costs, upon Proof being given
of
his having acted
as
a
Cornmissioner in the Execution of this Act
:
Provided nevertheless,
that
all
Acts or Proceedings in the Execution of this Act which shall be dolie
or performed by any such disqualified or unquzlified Person" previously
10
his being convicted of the Offence before mentioned shall be as valid
and effectual
as
if
such Person
had
been
duly qualified.
V.
And
5"
&
6"
GULIELMI
IV.
Capslv.
11135
V.
And be it further enacted, That it shall
be
lawful for the Persons
First
Elec-
tion
of
Coni-
niissioners.
qualified
to
vote in the Election of Commissioners as aforesaid to meet
together at
Batt's
Royal Hotel in
Torquay,
or
at some other convenient
House within the said Parish, upon the Third
Mondq
next after the
passing of this Act, at the Hour
of
Eleven o'Clock in the Forenoon,
and after appointing
a
Chairman of such Meeting, who shall have a
second
or
casting Vote upon every Question where there shall be an equal
Number of Votes, including his first Vote or Votes, then and there forth-
with by
a
Majority
of
Votes to elect Eighteen Persons to be such Corn-
missioners as aforesaid.
VI.
And be it further enacted, That One Third Part, or as near that
OoeThird
of
Proportion
as
the Number will admit of such Division,
of
the then acting
Commis-
Commissioners who shall be first elected as herein-before mentioned,
S~~~~~r,y,
including such as may be elected to supply any Vacancies
as
herein-after
mentioned, to be determined by Lot or Ballot among themselves at the
Time or at any preceding Meeting
of
the Commissioners, shall retire
from Office on the First
Monday
next after the Twenty-fourth Day
of
June
One thousand eight hundred and thirty-six, and One Half
of
the
remaining Two Thirds, to be determined
as
aforesaid, of the said Com-
missioners, shall retire from Office
on
the First
Monday
next after the
Twenty-fourth
Day
of
June
One thousand eight hundred and thirty-seven,
and the remaining One Third of the said CGmmissioners shall retire
from Office on the First
Monday
next after the Twenty-fourth
Day
of
June
One thousand eight hundred and thirty-eight, and on the First
lMonday
after the Twenty-fourth
Day
of
June
in
every subsequent Year
the One Third Part
of
the then acting Commissioners who
shall
have
been longest in Office shall retire from Office and cease to be Commis-
sioners.
VII.
And be
it
further enacted, That it shall be lawful for the Occu-
For
electing
piers of Lands within the said Parish
so
qualified to vote
as
aforesaid,
Cmnmis-
and having paid the then last Rate for the Relief of the Poor of the
S.&~~~~~~oose
said Parish, to hold Meetings at some convenient Place in the
Town
of
Torquay
for the Purpose
of
electing Commissioners to supply the Place
of such Cornmissioners
as
shall from Time
to
Time
go
out of Office
by
Ballot and Rotation,
as
herein-after mentioned respectively
;
and the
First of such Meetings shall and may be held within Thirty Days next
preceding the Twenty-fourth Day
of
June
in the Year One thousand
eight hundred and thirty-six, and all subsequent Meetings shall and may
be held within Thirty
Days
next succeeding the Twenty-fourth Day of
June
in every subsequent Year, and all such Meetings shall be convened
by the Clerk to the said Commissioners by Notice
to
be published within
the said Parish of
Tormoban2
by the Town Crier on
a
Market
Day
at
least Ten Days previously to the respective Days of holding such Meet-
ings
;
and at such Meetings respectively the said Occupiers or the Majority
in Votes
of
the Electors there assembled shall
and
may proceed
to
the
Election of
Six
Persons, being Occupiers of Land within the said Parish,
and who shall be duly qualified according to the Provisions of this
Act,
to be Commissioners for the Purpose of supplying the Places
of
such
Commissioners
as
shall go out of Office by Ballot
or
Rotation
as
herein-after
mentioned
;
and every such Occupier present,
so
qualified
as
aforesaid,
who
shall by the last Rate
so
made for the Relief
of
the Poor within the said
Parish
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