SHEWETH,

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.

Fifth Report of the Vestry of the Parish of Chelsea in the County of Middlesex, Appointed Under the Metropolis Local Management Act, 1855: 1860-1 · 第 121 / 142 题