Yeovil Improvement Act 1830
Jurisdiction | UK Non-devolved |
Citation | 1830 c. cxvi |
Year | 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
Commis-
sioners ap-
pointed.
Qualification
of Commis-
sioners.
Disqualifi-
cation.
Commis-
sioners to
take Oath.
Form of
Oath.
ll°GEORGII 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 Com-
mons,
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 Lam-
bert 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 Com-
missioner 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 other-
wise 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
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