That the Parish of Chelsea is very extensive and populous.
That it comprises about 9000 houses, is nearly 800 acres in extent, and
contains a population of about 70,000 persons.
That the matters of public concern to so large a number of inhabitants
are necessarily very numerous and weighty.
That by the 92nd section of the Metropolis Local Management Act, your
memorialists are authorized to defray expenses, as well for paving,
lighting, watering, cleansing, or improving the parish, as for those
public concerns; by the 150th section they are enabled to erect a
building for parish purposes; and by the 183rd section they are
permitted, with the sanction of your Honourable Board, to borrow any sums
of money necessary for defraying such expenses.
That with reference to the purposes for which a building so erected may
be used, Mr. Toulmin Smith is of opinion that “under these words, (public
concerns of any parish, or of the inhabitants thereof) it will become
matter of obligation on the Vestry in the case of a single parish, and on
the District Board in the case of parishes combined in a district, to
provide for the expenses of public meetings, and those other similar
matters touching ‘public concerns’ which are now done irregularly and
illegimately. * * * The words in the section are imperative,—these
expenses ‘shall be defrayed accordingly.’” Again, “the most economical
course will always be to make such a building a part of the erection for
the offices, &c., of the board, as has already been done in the case of
St. Pancras Vestry Hall, and in some other cases in the Metropolis.”
That acting within the discretion thus vested in them your memoralists
have erected a Vestry Hall, which is suitable in every respect for the
purposes of your memorialists, and for the before-mentioned public
concerns of the inhabitants.
That as evidence that the large room was much required in this parish,
and is fully appreciated by the inhabitants, your memorialists do state
that since its opening on the 30th November last, seventy meetings of
various kinds have taken place therein, which may be thus
classified:—Religious and Moral, twenty-seven; Intellectual, twenty;
Social, Political, and to encourage the Volunteer movement, twenty-three.
That for nineteen of these meetings the use of the room has been given
absolutely without charge, and for the others a scale of payment has been
arranged by your Memorialists, which is in their opinion equitable and
fair—and which has been submitted to your Finance Committee.
That the building erected by your Memorialists is plain and substantial
in its character; the plan of it having been submitted to, and approved
by, your Honourable Board before it was commenced, (which original plan
has not been departed from in any substantial particular) and will cost
(excluding the cost of the site) the, not unreasonable, sum of Seven
Thousand pounds; being the original contract sum of £5630, and the
remainder for extra and additional works, which your Memorialists fear
are inevitable in all such undertakings.
That particulars in full detail of the estimated cost of the site,
building, fittings, furniture and sundries, have been laid before your
Finance Committee, by your Memorialists, amounting in the whole to about,
£12,000.
That your Memorialists are of opinion that the most equitable manner of
defraying the said expenses both for the present and future Ratepayers is
by means of a loan, repayable with interest in twenty years, thus
rendering the sanction of your Honorable Board requisite.
That the Large Hall is intended to be used for purposes of the Vestry,
and in fact is now about to be so used for the election of Vestrymen
under the Act.
That although a portion of the premises is now temporarily made use of as
Reading Rooms, as stated in the letter of your Memorialists to your
Finance Committee, those rooms will most probably be required for the Gas
Examiner under the Metropolis Gas Act, and the analyst under the Act for
the Prevention of the Adulteration of Food and Drink of last session.
That your Memorialists under the 150th Section of the Metropolis Local
Management Act deem the whole of the buildings necessary and expedient,
and under the 92nd section such buildings are fully authorized inasmuch
as they are clearly used for the public concerns of their Parish and the
inhabitants thereof.
That no further or additional rate, than was contemplated at the time the
original loan of £10,000, was sanctioned by your Honorable Board, will be
required.
That the following objects may be mentioned as showing the necessity of
the Vestry Hall:—A place of meeting for the local magistrates in petty
sessions; a place for the public discussion of important local public
questions, as the Embankment of the River at Chelsea, the Enfranchisement
of the District, the Removal of the Asylum Wall in the King’s Road, and
the Equalization of the Poor Rates.
That with reference to the remarks of your Finance Committee in their
report that their inquiries have satisfied them that the building has not
been erected exclusively for the purposes of the Vestry, but for other
objects not contemplated by the Metropolis Local Management Act, your
Memorialists submit that under the Act referred to, it is not
imperatively necessary that buildings of this description should be
erected exclusively for the purposes of the Vestry; and that the building
erected by your memorialists has not been erected for any object not
contemplated by the said Act.
Your Memorialists therefore pray that, as they, and the inhabitants of
the Parish represented by them, are of opinion that the expenses of the
said Vestry Hall, &c., are in relation to the regulation, government, or
public concerns of this Parish, and of the inhabitants thereof, and that
the sum of £12,000 is necessary for defraying such expenses; and that
such expenses will be best defrayed by a loan upon the credit of the
rates, your Honorable Board will not deem it expedient to refuse your
sanction to the additional loan of £2,000 already applied for.
Given under the common seal of the said Vestry, this 10th day of May,
1861
(Signed) CHARLES LAHEE,
Vestry Clerk.
APPENDIX No. 19.
METROPOLIS LOCAL MANAGEMENT ACT.
_Suggestions for its Amendment_.
Offices,—Manor House, King’s Road, S.W.
25th March, 1858.
Sir,—In connexion with the subjoined letter, I have been directed to
transmit for your consideration as a member of the Committee of Works and
for General Purposes, certain general heads for amendment. Of the
meeting for the discussion of the same, and of any others which may
appear to you desirable, you will be specially advised.
I have the honor to be, Sir,
Your obedient servant,
CHARLES LAHEE,
Vestry Clerk.
* * * * *
Metropolitan Board of Works,
1, Greek Street, Soho, 9th January, 1858.
Dear Sir,—I beg to apprise you, for the information of the Vestry of
Chelsea, that the Metropolitan Board of Works are now engaged in
considering what amendments it may be expedient to introduce into the
Metropolis Local Management Act, in the present session of parliament,
and will be prepared to receive from the Vestry any suggestions they may
desire to offer in reference to those provisions of the Act which relate
to the duties and powers of vestries and district boards. If the Vestry
should deem it proper to offer any suggestions, and you will be good
enough, at your early convenience, to transmit to me the draft of any
amended clause or clauses which may be proposed, I will immediately bring
the subject under the notice of this Board.
I am, dear Sir,
Yours very faithfully,
E. H. WOOLRYCH,
Clerk of the Board.
Chas. Lahee, Esq.,
Manor House, King’s Road,
Chelsea.
* * * * *
CLAUSES IN ACT 18 & 19 Vict. cap. GENERAL HEADS FOR AMENDMENT.
120.
XI. For every parish mentioned _The system of accounts being
in either of the Schedules (A) necessarily intricate_, _and the
and (B) to this Act there shall scope of the powers of the Vestry
be elected such number as to incur legal debts inaccurately
hereinafter mentioned _of the defined_, _the duties of the
ratepayers_ of the parish who auditors are very responsible_.
have signified in writing their
assent to serve to be auditors of _To consider whether a system of
accounts, which auditors shall be paid auditors_, _not being of
so elected at the same times and necessity ratepayers_, _such as
in the same manner as members of that in practice under the Poor
the vestry; and the number of Laws_, _is desirable_, _with the
ratepayers so to be elected necessary powers for enforcing
auditors in any parish not their disallowances_.
divided into wards under this Act
shall be five, and the number of
ratepayers so to be elected
auditors in any parish which is
divided into wards shall be the
same as the number of wards, one
auditor being elected in each
ward: Provided always, that where
the number of wards into which
any parish is divided exceeds
five, the vestry of such parish
shall at their first meeting
after the election of auditors as
aforesaid, in any year, elect by
ballot from among such auditors
five of them, and the five
persons so elected by ballot
shall be the auditors for such
parish exclusively of any other
person or persons who may have
been elected an auditor or
auditors for such parish under
the provisions herein contained;
and a list of the five persons so
elected by the vestry shall be
forthwith published by the
churchwardens in the parish as
herein provided: Provided also,
that no person shall be eligible
to fill the office of auditor of
accounts who is not qualified to
fill the office of Vestryman for
the parish; but no person shall
be eligible to fill the office of
auditor who is a member of the
vestry; and if any person be
chosen to be both a member of the
vestry and auditor of accounts,
he shall be incapable of acting
as a vestryman.
XII. The auditors first elected _There appears to be no reason
under this Act in any parish as why the annual election might not
aforesaid shall go out of office be fixed for the_ 1_st of May_
at the time appointed for the (sec. 7); _the audit cannot
election of vestrymen and commence until the_ 1_st of May_
auditors in the year one thousand (sec. 195), _it may therefore
eight hundred and fifty-seven, happen that the auditors go out
and _the auditors then elected of office before they can
and to be thereafter elected commence their audit_.
shall go out of office at the
election of vestrymen and
auditors in the year next
following their election_.
XVI. On the day of election of _How are the churchwardens to
vestrymen and auditors in any know officially from the chairman
parish under this Act the of the ward meetings who are
parishioners then rated to the elected_? _and_, _in the case of
relief of the poor in the parish, persons elected to supply
or, where the parish is divided vacancies caused otherwise than
into wards under this Act, in the by effluxion of time_, (sec. 9),
ward thereof for which the _in whose places_?
election is holden, and who are
desirous of voting, shall meet at _Where there is a poll_, _the
the place appointed for such inspectors certify to the
election, and shall then and chairmen_, (sec. 22,) _and the
there nominate two ratepayers of chairmen should be required to
the parish, or (if the parish be certify under their hands to the
divided into wards) of the ward churchwardens_, _in a similar
for which the election is holden, way_. _Where there is no poll_,
as fit and proper persons to be _they should certify in
inspectors of votes; and the accordance with their
churchwardens, or, in the case of declaration_.
a ward election, such one of the
churchwardens as is present
thereat, or, where one of the
churchwardens is not present, the
person appointed by them to
preside thereat, shall,
immediately after such nomination
as aforesaid by the parishioners,
nominate two other such
ratepayers to be such inspectors;
and after such nominations the
said parishioners shall elect
such persons duly qualified as
may be there proposed for the
offices of vestrymen and auditors
or auditor: _and the chairman at
such meeting shall declare the
names of the parishioners who
have been elected by a majority
of votes at such meeting_:
Provided nevertheless, that no
person shall be entitled to join
or vote in any such election for
any parish, or any ward of any
parish, or be deemed a ratepayer
thereof, or be entitled to do any
act as such under this Act,
unless he have been rated in such
parish to the relief of the poor
for one year next before the
election, and have paid all
parochial rates, taxes, and
assessments due from him at the
time of so voting or acting,
except such as have been made or
become due within six months
immediately preceding such voting
or acting.
XXII. _The inspectors shall_, _By whom should this list be
immediately after they have prepared and published_? (see
decided upon whom the aforesaid sec. 26). _If by the
elections have fallen, _deliver churchwardens an official copy
to_ the churchwardens, or to one should be sent to the vestry_.
of them, or other, _the person
presiding at the election_, a
list of the persons chosen by the
parishioners to act as vestrymen
and auditors or an auditor of
accounts; _and the said list_,
_or a copy thereof_, _shall be
published in the parish as herein
provided_.
XXX. _At every meeting_ of any _To consider whether a permanent
vestry under this Act, in the chairman is desirable_.
absence of the persons authorised
by law or custom to take the
chair, _the members present shall
elect a chairman for the
occasion_ before proceeding to
other business, and the chairman,
in case of an equality of votes
on any question, shall have a
second or casting vote.
LV. Any member of the _How is the fact of such
Metropolitan Board of Works, or resignation to become officially
of any vestry elected for any known to the vestry_? _either a
parish mentioned in Schedule (A) notice of such resignation should
or (B) to this Act, or of the be sent by the churchwardens to
Board of Works for any district, the clerk of the vestry_, _or the
may at any time resign his resignation should be sent to him
office, such resignation of any in addition to the
member of the Metropolitan Board churchwardens_.
of Works to be notified in
writing signed by such member to
chairman of such board, _and such
resignation of any vestryman_ or
member of any such district board
_to be notified in writing signed
by such vestryman_ or member _to
the churchwardens of the parish
for which he was elected_.
LXIX. The vestry of every parish _Instead of the words_ “_as may
mentioned in Schedule (A) to this be necessary_,” _to employ the
Act, and the Board of Works for terms made use of in sec._ 135,
every district mentioned in “_as they may from time to time
Schedule (B) to this Act, shall think necessary_.”
(subject to the powers by this
Act vested in the Metropolitan
Board of Works) from time to time
repair and maintain the sewers
under this Act vested in them, or
such of them as shall not be
discontinued, closed up, or
destroyed under the powers herein
contained, and shall cause to be
made, repaired, and maintained
such sewers and works, or such
diversions or alterations of
sewers and works _as may be
necessary_ for effectually
draining their parish or
district.
LXXX. Where any sewer in any of _This section would appear not to
the parishes mentioned in either reach those sewers in Schedule
of the Schedules (A) and (B) to D_, _which are vested in the
this Act, into which any drain Metropolitan Board of Works_,
shall be made or branched, has _and have been built by private
been built since the third day of persons_, _under the
_September_, one thousand eight circumstances particularised
hundred and thirteen, and before therein_.
the commencement of this Act, at
the expense of any person or body _If equitable in the one case_,
other than any commissioners of _it would appear to be so in the
sewers, _the vestry_ or district other_.
board _in whom such sewer is
vested_ may order such sum as
they may deem just to be paid and
contributed by the owner of the
house to which such drain belongs
towards the expense of the
construction of such sewer, which
sum shall, on the receipt thereof
by such vestry or board, be paid
over to the person or body
aforesaid, and such vestry or
board may, if they see fit, order
and accept payment of such sum,
with interest after a rate not
exceeding five pounds for the
hundred by the year, by
instalments, within any period
not exceeding twenty years.
CV. In case the owners of the _It has been held_ (_and the
houses forming the greater part decision upon appeal was not
of any _new street_ laid out or reversed_) _that the words_ “_new
made, or hereafter to be laid out street_,” (section 105), _mean a
or made, which is not paved to street formed since the
the satisfaction of the vestry or commencement of this Act_: _the
district board of the parish or effect of this decision will be
district in which such street is to leave in an unsatisfactory_,
situate, be desirous of having _perhaps a dangerous state_,
the same paved, as hereinafter _many streets used by the
mentioned, or if such vestry or public_, _but which have not been
board deem it necessary or formally taken in charge by the
expedient that the same should be various parishes in which they
so paved, then and in either of are situated_.
such cases such vestry or board
shall well and sufficiently pave _Perhaps a power to vestries and
the same, either throughout the district boards to close up as
whole breadth of the carriage way thoroughfares such streets might
and footpaths thereof, or any be advisable_.
part of such breadth, and from
time to time keep such pavement
in good and sufficient repair;
and the owners of the houses
forming such street shall, on
demand, pay to such vestry or
board the amount of the estimated
expenses of providing and laying
such pavement, (such amount to be
determined by the surveyor for
the time being of the vestry or
board;) and in case such
estimated expenses exceed the
actual expenses of such paving,
then the difference between such
estimated expenses and such
actual expenses shall be repaid
by the said vestry or board to
the owners of houses by whom the
said sum of money has been paid;
and in case the said estimated
expenses be less than the actual
expenses of such paving, then the
owners of the said houses shall,
on demand, pay to the said vestry
or board such further sum of
money as, together with the sum
already paid, amounts to such
actual expenses.
CVI. The vestry or district
board of any parish or district
may, if they think fit, by notice
in writing put up in any part of
any street in their parish or
district, not being a highway,
declare their intention of
repairing the same under this
Act, and thereupon the same shall
be from time to time repaired by
them under the authority of this
Act: Provided always, that no
street shall be repaired as last
aforesaid unless such notice in
writing be also given to all
persons interested in such
street, or if within one month
after notice in writing has been
put up or given as last aforesaid
any person interested in such
street, or the person
representing or entitled to
represent any person interested
as aforesaid, by notice in
writing to the vestry or board
object thereto.
CVIII. It shall be lawful for
every vestry and district board
from time to time to place any
posts, fences, and rails on the
sides of any footways or
carriageways in their parish or
district, for the purposes of
safety, and to prevent any
carriage or cattle from going on
the same, and also to place any
posts or other erections in any
carriage-way so as to make the
crossings thereof less dangerous
for foot passengers, and also
from time to time to repair and
renew any such posts, rails or
fences, or to remove the same, or
any other obstruction or
encroachment on any carriageway
or footway.
CXIX. If any porch, shed, _To consider the propriety of
projecting window, step, cellar introducing the words_,
door or window, or steps leading “_projecting blind_, _blind
into any cellar or otherwise, frame_, _or part thereof_.”
lamp, lamp post, lamp iron, sign,
sign post, sign iron, snowboard,
window shutter, wall, gate,
fence, or opening, or any other
projection or obstruction placed
or made against or in front of
any house or building after the
commencement of this Act, shall
be an annoyance, in consequence
of the same projecting into or
being made in or endangering or
rendering less commodious the
passage along any street in their
parish or district, it shall be
lawful for the vestry or district
board to give notice in writing
to the owner or occupier of such
house or building to remove such
projection or obstruction, or to
alter the same, in such manner as
the vestry or board think fit,
&c.
CXXX. Every vestry and district _Section_ 250 _gives the
board shall cause the several following as the meaning of the
_streets_ within their parish or word_ “_street_” _any or part of
district to be well and any highway_, _road_, _bridge_,
sufficiently lighted, and for _lane_, _footway_, _square_,
that purpose shall maintain, or _court_, _alley_, _passage_,
set up and maintain, a sufficient _whether a thoroughfare or not_.
number of lamps in every such
street, and shall cause the same _There should be some limit to
to be lighted with gas or the obligation to light_.
otherwise, and to continue
lighted at and during such times
as such vestry or board may think
fit, necessary, or proper; and
public lamps, and the lamp posts
and lamp irons and fittings
thereof, to be provided by any
vestry or district board, shall
vest in such vestry or board.
CCII. The Metropolitan Board of _The attention of the
Works and every district board Metropolitan Board has been drawn
and vestry respectively may from to their powers under this
time to time make, alter and section_, _and they have passed
repeal bye laws for all or any of the following resolution upon the
the purposes following; (that is subject_, _in that_ “_it is not
to say), for regulating the practicable for this Board to lay
business and proceedings at their down any uniform body of
meetings and of committees regulations for regulating the
appointed by them, the plans and levels of sites for
appointment and removal of their buildings and for the
officers and servants, and the construction of house drainage_,
duties, conduct, and remuneration _properly adapted to the peculiar
of such officers and servants; circumstances of each district_;
_and the said Metropolitan Board _and that the Vestry of Chelsea
may also from time to time make_, be so informed._”
_alter_, _and repeal bye laws for
regulating the plans_, _level_, _No doubt uniformity is
_width_, _surface inclination_, desirable_; _but regulation of
_and the material of the pavement some kind_, _for the guidance of
and roadway of new streets and the officers_, _is necessary_.
roads_, _and the plans and level
of sites for building_, _and for _The power of making such bye
regulating the dimensions_, laws should lie in the body for
_form_, _and mode of whom its exercise is
construction_, _and the keeping_, practicable_.
_cleansing_, _and repairing of
the pipes_, _drains_, _and other
means of communicating with
sewers_, _and the traps and
apparatus connected therewith_;
_for the emptying_, _cleansing_,
_closing and filling up of
cesspools and privies_; _and for
other works of cleansing_, _and
of removing and disposing of
refuse_, _and for regulating the
form of appeal and mode of
proceeding thereon_; _and
generally for carrying into
effect the purposes of this Act_:
and every such board and vestry
may thereby impose such
reasonable penalties as they
think fit, not exceeding forty
shillings, for each breach of
such bye laws, and in case of a
continuing offence a further
penalty not exceeding twenty
shillings for each day after
notice of the offence from the
board or vestry: Provided always,
that under every such bye law it
shall be lawful for the justices
before whom any penalty imposed
thereby is sought to be recovered
to order the whole or part only
of such penalty to be paid, or to
remit the whole penalty: Penalty:
Provided also, that no bye laws
shall be repugnant to the laws of
_England_ or to the provisions of
this Act; and that no bye law
shall be of any force or effect
unless and until the same be
submitted to and confirmed at a
subsequent meeting of the board
or vestry: Provided also, that no
penalty shall be imposed by any
such bye law unless the same be
approved by one of Her Majesty’s
principal Secretaries of State.
CCL. The word “drain” shall mean _To consider whether the word
and include any drain of and used “drain” should be made to include
for the drainage of one building any drain_, _for draining any
only, or premises within the same group or block of houses_, _by a
curtilage, and made merely for combined operation_, _under the
the purpose of communicating with authority of any former
a cesspool or other like Commissioners of Sewers_.
receptacle for drainage, or with
a sewer into which the drainage
of two or more buildings or
premises occupied by different
persons is conveyed, _and shall
also include any drain for
draining any group or block of
houses by a combined operation
under the order of any vestry or
district board_.
* * * * *
_Suggestions made to the Metropolitan Board of Works_, _for the Amendment
of the Metropolis Local Management Act_, 1855, 18_th and_ 19_th Vict._,
_cap._ 120. _Printed by order of the Board_, _on the_ 24_th of April_,
1860.
* * * * *
NOTE.—The following suggestions, for convenience of reference, have been
arranged under three heads:
1. _Observations upon the Act_, 18_th &_ 19_th Vict._, _cap._ 120, _not
included in the Amendment Bill_.
2. _Observations upon the Bill prepared and forwarded by the
Metropolitan Board of Works_, _on the_ 29_th May_, 1858.