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Vestries every first July,
to ascertain numbers and kind of lamps, &c.
and to contract for erecting, lighting, &c. said lamps,
and order contractor to collect the money ascertained as aforesaid,
half yeary,
and if not paid in 8 days after demand, may enter by day and distrain and fell,
if no distress, or if prevented from distraining tenant, &c. summoned before mayor, and on refusal to pay,
who may issue warrant to constables to levy.
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XL. And whereas the several acts of Parliament now in force in this kingdom, for enlightening cities and towns, have been found ineffectual with respect to the city of Waterford: be it therefore enacted by the authority aforesaid, That from and after the twenty fourth day of June, one thousand seven hundred and eighty four, the ministers, church-wardens and parishioners of the several parishes of the city of Waterford, shall assemble and meet at a vestry to be held from time to time, on every first day of July (if Sunday on the day after) and by adjournment from day to day (Sundays excepted) in each year, as shall from time to time seem meet and expedient; which vestries the ministers of every parish within the said city of Waterford, and suburbs thereof, are hereby required then to call, and shall then and there ascertain and six on the number and kind of lamps necessary for their said respective parishes within the said city and suburbs thereof, and the places where the same shall be erected, and the manner of erecting the same, and the time when, and how long the said lamps shall be and continue lighted, and the manner of lighting, cleanling, trimming, snuffing, maintaining and repairing the same, together with the amount of the sums of money to be expended in the erecting, lighting, cleansing, trimming, snuffing, maintaining and repairing each of the said lamps; and that it shall and may be lawful to and for the said several ministers, church-wardens, and parishioners, or the greater part of them so assembled in their several and respective parishes, then and there, from time to time to agree with and appoint any person or persons to be lamp contractor or contractors for erecting, lighting, cleansing, trimming, snuffing, repairing and maintaining lamps in their said several and respective parishes in the said city and the suburbs thereof, for one year, or for any number of years not exceeding three years; and the person or persons so appointed, shall, before he or they shall enter upon the execution of the said office, give security by bond, conditioned in such sum as to the mayor of the said city shall seem reasonable, and payable to the said mayor and his successors, with two sufficient securities for the due and faithful execution of his or their office or offices; and that it shall and may be lawful to and for the said several ministers and church-wardens and parishioners, or the greater part of them so assembled, in their several parishes in said city and the suburbs thereof, to constitute, nominate and appoint, by order or orders under their hands and seals, or the hands and seals of the majority of them, such lamp contractor or contractors, to collect and receive the money which shall be so ascertained by the said several and respective ministers, church-wardens and parishioners, or the majority of them, for the erecting, lighting, cleansing, trimming, snuffing, maintaining, and repairing the said lamps yearly within the said several and respective parishes in said city and the suburbs thereof; and that the said lamp contractor or contractors shall collect and receive the same half yearly from the several tenants or occupiers; or in case of neither tenant or occupier, from the owners of the several and respective lands, dwelling-houses, out-houses, offices, cellars, stables, and yards in the said city of Waterford, and the suburbs thereof, by a proportionable poundage, according to the rate at which the said several lands, dwelling-houses, out-houses, offices, cellars, stables, and yards in each of the said parishes in said city of Waterford, are to be valued in pursuance of this act as herein before mentioned; and in case of non-payment for eight days after demand made by the said lamp contractor or contractors, from the tenants, occupiers, or owners, as the case shall be, of the said several and respective lands, dwelling-houses and premisses, for the payment of their respective proportions of the said lampmoney, according to the valuation and valuations aforesaid, that then it shall and may be lawful to and for the said lamp contractor or contractors, or of any of them, or for the bailiff of them, or any of them, appointed for that purpose, under the hand and seal of such lamp contractor or contractors, (if more than one) to enter in the day-time into and upon the said several lands, dwelling-houses, and premisses respectively, and to distrain any goods or chattels which may be found upon the same for the proportion of the said lamp money so charged on them respectively; and the distress and distresses so taken (if not redeemed within eight days from the day of distraining, with the payment of one shilling English for the trouble of such distraining) to sell by publick auction for the payment of the said lamp money, for which such distress or distresses shall be so taken, together with one English shilling for the trouble of such distraining, rendering the overplus (if any shall be) to the owner or owners of such distress or distresses; and in case no sufficient distress can or may be had, or found, or in case the premisses liable to be distrained shall be kept locked, or fastened, so as the said lamp contractors, or any of them, or the bailiff of them, or any of them, shall be prevented from entering and distraining for the said lamp money, that then it shall and may be lawful to and for the said lamp contractor or contractors to summon the tenant or occupier of the premisses; or in case of neither tenant or occupier, then the owner of said premisses so locked or fastened up to appear before the mayor of the said city for the time being, for the payment of the lamp money so charged on the said premisses so guarded, locked, or fastened up; and in case of non-payment by the party so summoned, and proof made by oath or affidavit before the said mayor, of such parties having been summoned, which oath or affidavit the said mayor is hereby authorized to administer and take, or in case of the appearance of such party, and refusal to pay the lamp money so due on the premisses so locked or fastened up, to which such party shall be tenant, occupier, or owner, together with four pence for the costs of such summons, that then it shall and may be lawful to and for the said mayor who granted the said summons, to issue a warrant under his hand and seal, in the nature of an execution, directed to the constables of the county of the said city, or to any one of them, to levy of the goods and chattels of the party so summoned, his, or her proportion of the said lamp money, together with the sum of ten pence for the cost of such summons and warrant, and the further sum of one English shilling for the canstable’s trouble for levying the said lamp money; and the said lamp money so levied shall be paid immediately on the levying thereof to the said lamp contractor or contrators by the constable who shall levy the same, together with the said sum of ten pence, the cost of the said summons and warrant, and the said lamp contractor or contractors shall pay over the said sum of ten pence to the said mayor that shall have issued the said summons and warrant.
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