VII. LOCAL RULE BY STATUTE.
Down to the year 1778 Dover was governed in accordance with its Charters, prescriptive rights and its Customal; but those conglomeratic regulations were inadequate for a modern Community. In the year 1776 reformers began to agitate for larger powers, and in the year 1777 a Dover Local Government Bill was introduced in Parliament. It became law in 1778, and it was from time to time supplemented by other Local Acts which we will briefly summarise : —
The Act of 1778, known as the first of the Paving Acts, only affected the parishes of St. Mary and St. James. The preamble of that Statute states that the Town was then " very ill paved, and not sufficiently cleansed, lighted and watched," and that the streets and lanes, owing to " annoyances and encroachments therein, are incommodious and dangerous," and that for the convenience and safety of the inhabitants and travellers it was desirable that powers should be obtained to make improvements. It was provided that, for the purpose of putting the proposed powers into force, an enlarged local authority should be constituted, consisting of (a) the Mayor and Jurats of the Town and Port ; (b) the Members of Parliament for the same ; (c) the Recorder ; (d) the Common Council-men for the time being ; and (e) forty-nine other townsmen. The authority constituted was called The Paving Commission. The Mayor and Jurats named in the Act were Mr. Matthew Kennett (Mayor), Messrs. Christopher Gunman, Michael Russell, James Hammond, John Latham, John Coleman, Thomas Bateman Lane, Edmund Barham, Sampson Farbrace, Henry Jelley, James Gunman, and Phineas Stringer. The names of the forty-nine nominated townsmen were also embodied in the Act, and they, together with the before mentioned ex-officio members, made up a cumbrous body of eighty-eight persons, who, with the exception of the two Borough Members, were not only appointed for life, but the vacancies arising from deaths or other causes were filled by themselves. The qualifica tion to be a Commissioner was the possession of real estat* of the annual value of £,^o, or ;^5oo personal property.
To give this body a locus standi, the surface of the streets was vested in them, and no other authority had any right to interfere with them. The Commissioners were empowered to cause gravel and stones to be dug up from the shore for paving purposes, but the Harbour Authorities would not allow beach and boulders to be taken from the jurisdiction except with their consent. Sidewalks in the streets were introduced, and the Act provided that they should be " paved with Maidstone flats, Swanage pitchers, or other smooth pavement," bordered by a kerb -tone. The carriage ways were to be made with good Kentish blue stones, sized pebbles, or otherwise as the Commissioners thought proper. For the next threescore years the Commissioners judged proper to have the carriage ways paved with good-sized pebbles, sloping from each side to a gutter in the middle.
For lighting the streets the Commissioners were empowered to fix lamps [oil lamps], and defray the cost of lighting the same. Up to this time the householders were required to show forth candles in their windows, except on a few nights before and after the full moon. Previously there had been a certain allowance to the Mayor for torches, which was then discontinued.
For the pui'pose of watching, the Commi>ssioner.s were empowered to appoint able-bodied men, not exceeding twenty-four in number, armed as may be expedient, to watch, patrol and guard the streets; and thereafter the personal duty to " watch and ward,"' which, up to that time, had devolved on all householders, ceased.
The revenue to meet the necessary expenditure was threefold : — (i) Tolls, taken at toll-gates then set up, as follows: — For carriages with four or more horses 1/-, with two or three horses 6d., one-horse vehicles 3d., and for every horse, mule or ass not drawing id. ; (2) Coal dues, being a tax of i/- per ton or chauldron of all sorts of coal brought into the Town or landed at the Port, the dues being paid to the Collector of Customs and handed to the Clerk of the Commissioners ; (3) A rate of sixpence in the pound on all property within the two parishes. Also, on the security of these tolls, dues and rates, the Commissioners were authorised to borrow to the extent of ;^8,ooo. The ordinary revenue was for the purpose of cleansing, watching and paving the streets, while the money to be borrowed was for permanent improvements.
It had previously been the duty of the householders to keep the streets clean in front of their property, and this Act provided that it should be the duty of each occupier to sweep the pavements and the road to the middle of the street every P'ridav between the hours of six in the morning and two in the afternoon, putting the rubbish in heaps ready for the scavenger to take away, but the Commissioners had power to comjjound with owners to do the sweeping in front of their property on the owners {)aying the agreed sum in advance. The side j)avements were strictly reserved for pedestrians, and no barrow or other wheel vehicle was allowed to go thereon, and that is the Dover law still, except as regai-ds perambulat.ors. Houses were to be numbered, and new ones were to be built with ]jerpendicular fronts. Property, required for street widening, was to be paid for at a valuation made by a jury of townsmen appointed by the Quarter Sessions.
Such is a brief summary of the first of the Paving Acts under which Dover was governed from 1778 until 1810. Its main defect according to modern ideas was that those who paid the rates, tolls and dues, had no right of choosing those who .should spend the money. To remedy this and other defects, three other Dover " Paving Acts " were obtained between 1810 and 1835.
The preamble of the Act of i8io says that the previous Act for paving, watching and lighting was found " insufficient to carry into effect the purposes thereby intended," that its provisions were inadequate, and that it was expedient that so much of that Act as relates to cleansing, paving and watching should be repealed, and other provisions made in lieu thereof. It was also deemed necessary to extend the powers to some parts of the parishes of Charlton and Hougham. The Act of 1810 provided that persons, duly qualified, residing in the parishes of Charlton or Hougham might be appointed Commissioners. As to sweeping, this Act required occupiers to sweep the footpaths opposite their premises twice or more times every week, but not, as before, any part of the roadway. As to preventing projections, the powers were amplified generally, but in some cases modified. For instance, if any house steps were removed, it must be at the cost of the Commissioners. There was a give-and-take arrangement with regard to building out and setting back houses. In cases of re-building, the fronts of houses might be brought out in a line with adjoining buildings, but, where projecting houses were taken down for re-building, the Commissioners might order them to be set back, compensation being given for the land surrendered. No cellars were to be under the pavements " unless allowed by the Commis sioners " ; but many were allowed. No building, in the future, was to be covered with " thatch." From that time until 1816 the roofing in Dover was tiles, mainly Dutch ; but in 1816 Welsh slates were first shipped to Dover. With regard to street widening, this Act says : " Whereas the entrances into Dover from the towns of Deal and Folkestone are narrow, circuitous and dangerous, powers are necessary to purchase certain houses and buildings " ; and the Act specifies how such powers are to be exercised, by summoning a jury of " twelve indifferent men," to assess the i^alue of the premises. A pound was provided to secure beasts straying in the streets. Power was given to water the streets, and to sink wells and erect pumps to obtain the water. The principal pumps were in Red Pump Square (now- Blenheim Square), the Market Place, Ladywell, and at Charlton Green.
To facilitate the watching of the streets, power was given to set up watchmen's boxes and watch-houses, and victuallers were forbidden to allow watchmen in their houses during (heir time of duty. With regard to the extension of the Commissioners' jurisdiction, the Act says : " When either the footway or the carriage way of any streets, lanes or public passages in Charlton or Hougham are paved, cleansed, lighted or watched, then, and no sooner, shall all the powers of this Act extend to such parts of those parishes." The financial provision of the Act were : — Permission to add another sixpence to the rate, another shilling per ton on the coals, and power to borrow au additional ^^i 1,000.
It was under the Act of 1810 that the Commissioners first licensed porters and sedan chairmen, but there was a saving clause to preserve the ancient rights of the Mayor and Jurats in respect of old cstabLshed Town Porters.
There were twelve lots of houses, buildings and lands scheduled in the Act mainly for the purpose of widening the entrance to the Town from Deal and from the Folkestone Road. The upper part of St. James's Street and the corner between Old St. James's Church and Castle Hill House were widened, and for the same purpose power was taken to widen the cross lane from Townwall Street to upper St. James's Street by the " Fox " Inn, but not carried out. A piece of meadow land near the " Red Cow " Inn and four small houses in Biggin Street were scheduled and acquired to make Priory Street, the way to the P'olkestone Road being previously through Worthington's Lane or York Street. Several of the properties scheduled were for the widening of Bench Street and the bottom of Queen Street, but Bench Street was widened by a later Act.
We will now describe the third Pa\ing Act of 1830: — The preamble states that the population had considerably increased since the passing of the previous Paving Acts, and that the Town had become a place of great resort for visitors and strangers, and that further powers were required. The constitution of the Commission was radically changed by this Act, and provision made for the election of the members. The names of fifty-six members were embodied in the Act, in addition to the Mayor and Jurats, and power given to elect fifty-six more, making a total of 118. One-third of the members (exclusive of the Mayor and Jurats) retired annually by rotation in the second week of January, and an equal number were elected, each inhabitant ratepayer having a vote.
The Nuisance Clauses of the previous Acts were all repealed and replaced by others more drastic and effectual, which are still in force with regard to wrongfully using and obstructing pavements, and prohibiting furious driving, the keeping of ferocious dogs, driving without reins or on the wrong side, trundling hoojis, blowing horns, lighting' bonfires and playing football in the streets. The inhabitants were, by this Act, required to clear snow from the pavements in front of tlieir houses, and, gas having been introduced, there were regulations lor laying the pipes under the streets. Power was given to prevent the pollution of the Dour ; and to license hackney carriages and to fix their fares, as well as to purchase and maintain a fire engine. Sea bathing regulations, froni bathing machines, three-quarters of a mile east of the Harbour and one-quarter of a mile westward, were sanctioned. An addition to the borrowing powers of _,fio,ooo was granted, making a total borrowing under the three Acts of ;j^29,ooo.
The fourth and last Paving Act, passed in the year 1835, was mainly for the widening of Bench Street and the opening of Castle Street to the Market Place, Castle Street having been previously laid out at the expense of private speculators. The cost of the widening of Bench Street was ^g,o6o, and of making the opening through the Antwerp Stables into Castle Street ;,<;4,i49, and other improvement e.xpen.ses incurred by the Paving Commis sioners made a total debt of ^23,725, borrowed on the joint security of the rates and the coal dues, which was "carried forward," and nothing but the annual interest paid until the year 1888, when the Borough Loans were consolidated, and arrangements made for automatically paying off that old Paving Debt by annual instalments. That Paving Act of 1835 also provided for the appointment of officers to weigh the coals subject to coal dues; and it extended the jurisdiction of the Borough Magistrates to the whole of the Parliamentary Borough, as it had been fixed by the Representation of the People's Act, 1832.
Within the period covered by the Paving Acts other local Acts of Parliament were passed, two immediately affecting the government of the Borough, and three which, although not promoted by the Corporation, closely affected the welfare of the town. It will be convenient to briefly state the effect of those five statutes, the names and dates which were as follows: —
The Court of Requests Act, 1784.
The Dover Gas Act, 1822.
The Dover Turnpike Act, 1823.
The Dover Market Act, 1826.
The Dover Harbour Act, 1828.
The Court of R-equests Act was int-ended to supplement, bait in no way to interfere with, tho Ancient Court of Record, which from time immemorial had been held by the Mayor and Jurats to try Civil actions. But that Court was cumbersome and expensive, and the Court of Requests was established to deal with small affairs with little cost or ceremony. In stating the reason why this new Court was needed, in 1784, the Act recites that "the I'own of Dover is populous, that there is a commodious harbour belonging to the Port, bv means of which a considerable trade is carried on ; that many persons contract small debts and frequently refuse (although well able) to pav, presuming on the expense of proceedings for recovery; that it would promote industry and support useful credit if some easy method of recovery of small debts were established." For that purpose sixty inhabitant householders, duly qualified by the possession of real estate of the annual value of £2,0, or ^500 personal property, were appointed to act as Commissioners of the Court, serving by rotation eight at a time. The debts over which the Court had jurisdiction ranged from 2/- to 40/-. No solicitor, unless he were a Mayor or a Jurat, was allowed to sit as a Commissioner, and no solicitor was allowed to plead in the Court. The fees varied from twopence to tenpence, the whole arrangement being ordained to make the recovery of a small debt as cheap and expeditious as possible. This Court continued to sit in Dover until the introduction of the County Court, 9th April, 184;. This Act applied to all parishes now included in the Dover Union.
The Gas Act of 1822 constituted the present Gas Light Company. Down to that time, the streets had been lighted with oil lamps, but the preamble of this Act stated that it would be an improvement to light the thoroughfares with '• inflammable air," which could be obtained from coal, and conducted to the street lamps and houses by means of " tubes." The Act gave the Company power to break up the 6tr«ets to lay pipes and to raise ;^9,ooo capital in ;^5o ohareB- Th« first gas works were in Trevanion Street.
The Dover Turnpike Act of 1823 was a consolidation of all previous Acts. The first roads " turnpiked " under those Acts were the Grabble Hill route to Canterbury and the Bulwark Hill route to Folkestone. The last turnpike gate remaining under this Act was that at the Elms Turning on the Folkestone Road, which was abolished on the let November, 1877.
The Dover Market Act of 1826, promoted by the Corporation, was mainly for widening the Market Place by taking down the west side of King Street, setting back and building the present frontage. The same Act provided for removing the elections of Mayors and Members of Parliament from St. Mary's Church to the Guildhall in the Market Place.
The Dover Harbour Act of 1828, promoted by the Dover Harbour Commissioners, in its preamble recites the previous Acts, II and 12 William IH., 2nd Anne, 4th George L, 9th George I., nth George U., 34th George H., 26th George III., 34th George HL, and 47th George HL All those Acts, covering the period from 1700 to 1807, were repealed, and the new Act constituted the warden and assistants " a body politic " supplying safeguards against the personal liability of the Commissioners not contained in the Charter of 1606 and intermediate Acts. This Act was, in effect, a new Charter, superseding that of James I. and the subsequent Statutes, but the Corporation of Dover had no interest in it, except that the Mayor, as before, was one of the Commissioners.
Briefly expressed, the foregoing are summaries of the nine Acts of a local character passed between the years 1778 and 1835.