Yeovil Improvement Act 1830

Publication Date:January 01, 1830
Yeovil Improvement Act 1830

(11 Geo. 4 & 1 Will. 4) c. cxvi

An Act for paving, lighting, watching, watering, cleansing, repairing, widening, and otherwise improving the Streets, Lanes, and other public Passages and Places within the Town of Yeovil in the County of Somerset, and for regulating the Police thereof.

[17 June 1830]

ANNO UNDECIMO GEORGII IV. REGIS. #**#********##***********4i#4i(* Cap. cxvi. An Act for paving, lighting, watching, watering, cleansing, repairing, widening, and otherwise improving the Streets, Lanes, and other public Passages and Places within the Town of Yeovil in the County of Somerset, and for regulating the Police thereof. [17th June 1830.] W HEREAS the Town of Yeovil in the County of Somerset is a large and populous manufacturing Town, and a Place of considerable Trade, and is a great Thoroughfare for Travellers ; and the Streets, Lanes, Highways, and other public Pas- sages and Places within the said Town are not properly paved, lighted, watched, and cleansed, and the same are subject to various Nuisances, Annoyances, and Obstructions j and it would tend to the Safety, Convenience, and Advantage of the Inhabitants of the said Town and of the Public resorting thereto if the Streets, Lanes, High ways, and other public Passages and Places within the said Town were properly lighted, watched, watered, cleansed, repaired, widened, and otherwise improved, and if the Foot Pavements were properly paved and repaired, and if such Nuisances, Annoyances, and Ob structions were 'removed, and if proper. Regulations were made and established for the Government and Police of the said Town: May it therefore please Your Majesty that it may be enacted; and be it [Local.'} 331 enacted 2978 Commissioners appointed. Qualification of Commissioners. Disqualification. Commissioners to take Oath. Form of Oath. llGEORGII IV. Cap.cxvl 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 all His Majesty's Justices of the Peace acting within the Division of the County of Somerset wherein the Town of Yeovil is situate, and the Vicar of Yeovil for the Time being, together with Edmund Batten, John Batten, Samuel Bradley, Thomas Cave, Philip Collins, Peter Daniett, Samuel Duffett, John Edwards, Peter Edwards, Henry Etheredge, Samuel Fawcetl, Thomas Fooks, Charles Greenham, John Greenham, Josiah Hannam, George Harbin, Edward Hooper, James Hooper Clerk, William Hull, William Hooper Masters, George Mayo, John Ryall Mayo, John Moore, John Neal, Edwin Newman, John Newman, Charles Parsons, James Penhivil, Henry Penny, Thomas Shorland, John Slade, Edwin Tomkins, William Tomhins, Robert Tucker the younger, George Wellington, Elias Whitby, William Lambert White, Henry Whitmash, and William Willmington, and their Successors, shall be and they are hereby appointed Commissioners for carrying this Act into execution, and shall be called " The Commissioners for improving tne Town of Yeovil" II. Provided always, and be it further enacted, That no Person (except His Majesty's Justices of the Peace aforesaid and the Vicar of Yeovil) shall be capable of acting as a Commissioner in the Exe cution of this Act unless he shall be, in his own Right or in Right of his Wife, in the actual Enjoyment, Possession, or Receipt of the Rents and Profits of Messuages, Lands, Tenements, or Hereditaments of the yearly Value of Forty Pounds, situate within the said Town, and a resident Householder in the said Town: Provided also, that no Commissioner shall be capable of taking any Contract under this Act, and no Person shall be capable of acting as a Commissioner in the Execution of this Act during the Time he shall hold or enjoy any Office or Place of Profit under this Act, or be concerned or interested in any Contract made under or by virtue of this Act, or in any Case wherein he shall be personally interested in the Matter in question, except as a Creditor on the Rates or Assessments under this Act, or who shall be a Licensed Victualler, or a Dealer in Ale, Beer, Wine, or Spirituous Liquors by Retail. III. Provided also, and be it further enacted, That no Person (except His Majesty's Justices of the Peace aforesaid emd the Vicar of Yeovil) shall be capable of acting as a Commissioner in the Exe cution of this Act, except in administering the Oath or Affirmation herein-after mentioned, until he shall have taken and subscribed an Oath, or, being a Quaker, made and subscribed an Affirmation, at a Meeting to be held by virtue of this Act, in the Words or to the Effect following j (that is to say,) ' T A.B. do swear, [or, being one of the People called Quakers, do * solemnly declare and affirm, 3 That I am really and bond Jide in * my own Right [or in the Right of my Wife, as the Case may be,~\ ' in the actual Possession and Enjoyment or Receipt of the Rents 4 and Profits of Messuages, Lands, Tenements, or Hereditaments of ' the clear yearly Value of Forty Pounds, situate in the said Town, 8 ' and lrGEORGII IV. Cap.cxvi. 2979 e and that I am a Householder in the said Town; and that I will ' truly and impartially, according to the best of my Skill and Judg-4 ment, execute and perform all the Duties, Powers, and Authorities ' reposed in me as a Commissioner by virtue of an Act passed in the ' Eleventh Year of the Reign of His Majesty King George the ' Fourth, intituled An Act [here insert the Title of this Act]. So help me GOD.' [Or, being a Quaker, omit the Words ' So help me God.'] IV. Provided also, and be it further enacted, That when and as Election of often as any of the Commissioners hereby appointed, (except His "ewCommis- Majesty's Justices of the Peace aforesaid and the Vicar of Yeovil,) sloners- or to be from Time to Time elected as herein-after is mentioned, shall die, or refuse to act, or shall cease to be possessed of Property to the Amount required by this Act, or shall cease to be a resident Householder in the said Town qualified as herein-before mentioned, or shall otherwise become disqualified, it shall be lawful for the surviving or remaining Commissioners, or any Five or more of them, from Time to Time, at a Meeting to be held for that Purpose, to elect, and by Writing under their Hands to appoint, another Person, qualified in manner by this Act required, in the Place of each Commissioner so dying, refusing, or becoming disqualified as aforesaid ; and Notice of the Time and Place of Meeting for every such Election shall be given in Writing affixed on the principal Church Door or Entrance of the Church in the Town of Yeovil aforesaid, or published in the said Church on the Two Sundays previous to the Meeting for every such Election ; and every Person so elected and appointed, being duly qualified, and having taken or made and subscribed the Oath or Affirmation herein-before mentioned, shall have the same Powers and Authorities for putting this Act in execution in all respects whatsoever as if he had been named a Commissioner in this Act. V. And be it further enacted, That if any Person not being Penalty on qualified as herein-before mentioned, or being disqualified by any of Persons act- the Causes in this Act mentioned, shall act as a Commissioner in the ln? *s Com* Execution of this Act, every such Person shall for every such Offence wnen not forfeit and pay the Sum of One hundred Pounds to any Person or qualified. Persons 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, wherein no Essoign, Protection, or Wager of Law, and not more than One Imparlance, shall be allowed; and the Person so sued shall prove that he was at the Time of acting qualified as aforesaid, or that he did not hold any such Place or Office of Profit or Emolument, or was not interested or concerned in any such Contract Work or Business, (as the Case may happen,) or otherwise shall pay the said Penalty and Costs, without any other Proof or Evidence being given on the Part of the Plaintiff than that such Person hath acted as a Commissioner in the Execution of this Act: Provided always, that all Acts and Proceedings of any Person or ActsofCom-Persons acting as a Commissioner or Commissioners in the Execution missioners of this Act, though not duly qualified as aforesaid, previously to a conviction? Verdict or Verdicts being obtained against him or them for so acting contrary to the Intent and Meaning of this Act, shall, notwithstanding such 2980 llGEORGII IV. Cap.cxvi. such subsequent Conviction, be as good, valid, and effectual as if such Person or Persons had been duly qualified to act as a Commissioner or Commissioners according to the Directions of this Act. Commission- VL And be it further enacted, That the said Commissioners, or ers Meetings, any Five or more of them, shall and they are hereby empowered and required to assemble and hold their First Meeting in the Sunday School-room, or at any other convenient Place within the Town of Yeovil aforesaid, upon the First or Second Tuesday next after the passing of this Act, between the Hours of Eleven of the Clock in the Forenoon and Four of the Clock in the Afternoon, at which Meetings so soon as Five or more Persons shall have assembled, the Persons so assembled shall proceed to elect a Chairman, and such Chairman shall take or make and subscribe, before the other of such Persons then present at such Meeting, or any Four of them, the Oath or Affirmation herein-before prescribed and required to be taken or made and subscribed, and after such Chairman shall have so taken or made and subscribed the same, it shall be lawful for such Chairman and he is hereby required to administer the Oath or Affirmation herein-before prescribed and required to be taken or made and subscribed to the other of such Persons present at such Meeting ; and when such...

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