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| Lighting and Watching Act 1833 | Instructions for Constables 1839 |

Summary of the Lighting and Watching Act 1833

3 and 4 William IV c.90

You can find a full text of the statute using this link (opens in a new window)

Main watching / policing provisions are to be found in Sections 39 to 42

S1 Repealed earlier Act of 1830

S2 but repeal not to affect proceedings under earlier Act

S3 Inspectors under previous Act to continue to act until others appointed.

S4 Act applicable to all parishes in England and Wales

S5 On application in writing of three or more ratepayers of the parish, churchwardens to convene a meeting in Vestry to determine whether provisions of this act shall be adopted. Meeting to be greater than 10, less than 21 days from receipt of the application.

S6 Chairman to be elected who shall determine any controversies

S7 Chairman to read requisitions and require persons present to determine whether the Act is to be adopted.

S8 If meeting determines (2/3 of those ratepayers present) to proceed, then provisions of Act take effect.

S9 Inhabitants to fix ammount of money that can be raised. 5 or more rated inhabitants can demand a Poll as to adoption of the act.

S10 Notice of poll to be published by churchwardens, Form of notice given

S11 Form of declaration of result of poll

S12 Churchwardens to examing votes and declare outcome of poll - i.e. Are 2/3 in favour of adopting

S13 Rate payers can inspect the votes

S14 Only those rated for more than a year can vote

S15 Notice of adoption of Act to be affixed to door of Parish Church. Act can be abandoned after 3 years

S16 If meeting determines against adopting act cannot repeat process during next year.

S17 Mode of electing Inspectors

S18 Every year Inspectors to produce accounts at meeting held for that purpose

S19 Inspectors to produce accounts at annual meeting and one third inspectors to go out of office and others to replace them

S20 Chairman to decide questions of eligibility

S21 How vacancies in number of inspectors to be filled

S22 Inspectors to meet monthly

S23 Process for calling a special meeting of inspectors

S24 Inspectors to appoint officers during pleasure and rent an office or room for the transaction of their business

S25 Security to be taken from treasurer

S26 Treasurer and other officers to provide account to Inspectors. Proceedings against officers neglecting to account.

S27 Committment of offender not to discharge his sureities

S28 Officers taking any fee or reward to forfeit £50

S29 Inspectors may sue or be sued in the name of any one of them

S30 Meetings of Inspectors to be minuted in books kept for the purpose

S31 Accounts to be kept

S32 Insps to issue orders to overseers for payment of money for the purposes of the act.

S33 Power to collect rates

S34 Land and houses to be rated separately, and to secure and keep in safe

S35 Power of succeeding overseers to collect rate

S36 Overseers to pay amount to treasurer

S37 Where other persons authorised to collect poors rate - persons to be deemed overseers

S38 Overseers may be distrained upon for non payment

S39 Inspectors shall from time to time appoint and employ such number of able bodied watch-house keepers, sergeants of the watch, watchmen, patrols, streetkeepers, and other persons as they shall think sufficient for the proper protection of the inhabitants, houses, and property, streets and other places within the limits of this Act, by day or by night or by day and by night and provide for the use of such watchmen, watch housekeepers, sergeants of the watch, patrol and persons as aforesaid such clothing, arms, ammunition and weapons and shall assign to them such beats and rounds and duties and appoint such hours for them to be on duty and also such wages or remunerations and also rules, orders and regulations relating to such watch-house keepers, sergeants of the watch, watchmen, patrol, streetkeepers, and other persons and their duties as to the said inspectors shall see meet, and also shall and may offer and give, as well to the said persons as to any other not specially employed by them, such gratuities and rewards for apprehending felons and others

S40 Watchmen etc to give up clothing etc on removal

S41 Detailed list of the duties of watchmen etc and their powers
The watchman, sergeants of the watch, Patrols and other persons to be appointed by virtue of this Act shall, during the time they shall be on duty, use their utmost endeavours to prevent any mischief by fire, and also to prevent all robberies, burglaries, and other felonies and misdemeanours and other outrageous, disorders, and breaches of the peace within the limits of the parish adopting the provisions of this Act; and to apprehend and secure rogues, vagabonds, and disorderly persons who shall disturb the public peace, or any person or persons wandering, secreting, or misbehaving himself, herself, or themselves, or whom they shall have reasonable cause to suspect of any evil designs and to secure and keep in safe custody every such person, in order that he or she may be conveyed as soon as conveniently may be before one of His Majesty's Justices of the Peace, to be examined and dealt with according to law; And it shall and may be lawful to and for the said watchmen, sergeants of the watch, patrols, and other person or persons so appointed as aforesaid, to call and require any person or persons to aid and assist them in taking such felons, rogues, vagabonds, and all disorderly or suspected persons as aforesaid and in case any person or persons shall assault or resist or shall promote or encourage the assaulting or resisting any of the watchmen, sergeants of the watch, patrols, or other person as, or persons so appointed as, aforesaid, in the execution of their duty, every such person's shall for every such offence forfeit and pay any sum not exceeding 40 shillings; and in case any such offender shall not, on conviction, pay the said forfeiture, Such Justice is hereby required to commit him, her, or them, to the house of correction, there to be kept to hard labour, if the said Justice shall so order, for any time not exceeding 3 calendar months unless such forfeiture shall be sooner paid or instead of committing the said offender as aforesaid, the said Justice may, by warrant under his hand and seal cause the said forfeiture as well as the costs (if any) to be levied by distress and sale of the goods and chattels of the offender.

S42 Watchmen to be sworn in and to have powers of Constables

S43 Certain fees to be paid over to Inspectors

S44 Fire engines to be provided

S45 Lamp irons to be put up

S46 Gas pipes to be laid on private premises without consent

S47 Owners of private grounds may alter position of pipes

S48 For stopping the escape of gas

S49 powers to convey away washings of gas works

S50 Penalty for conveying washings into any river etc

S51 Gas pipes to be laid 4 ft from water pipes

S52 To present escape of gas or contamination of water

S53 For ascertaining if water contaminated

S54 Persons supplying gas liable to be indicted for a nuiscance

S55 Penalty for destroying lamps

S56 Lamps damaged accidentally

S57 Power for inspectors to contract for works under this act

S58 Inspectors may sue for breach of contract

S59 Insps may purchase or rent ground or buildings for purposes of the Act

S60 Inspectors to own lamps

S61 Inspectors can join with other parishes

S62 Forms of information / conviction

S63 Recovery and application of penalties

S64 Inspectors exempt from personal liability

S65 Inhabitants may be witnesses

S66 Appeal to Quarter Sessions against order of Inspectors

S67 Appeal against rates

S68 Plaintiff not to recover in and action after tender of sufficient amends

S69 Limitation of Actions

S70 Proceedings not to be unlawful for want of form

S71 Parishes may adopt only parts of the act, lighting, watching or both

S72 Limiting the powers of the Act, so as not to affect Metropolitan Police Act or local improvement acts

S73 Parts of a parish may adopt

S74 powers of entry gas works re escape of gas

S75 Not to affect the rights of Commissioners of Sewers

S76 Not to affect rights of Oxford and Cambridge Universities.

S77 Construction of the Act

S78 Public Act.

This page was last modified: 06 November 2025, 11:53

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