Monday 3 December 2012

Did the Whitechapel Union abolish the Parish of the Old Artillery Ground?

Judging from this court case involving the Parish of ChristChurch, also a part of the Union, it would appear that the individual parishes of the Union continued in their separate existences - with the Act of Parliament relating to the governance of the Old Artillery still in force, with the exception of its powers with regard to the poor, workhouse, etc.









Thus it is quite clear here that the Whitechapel Union did not abolish the Old Artillery Ground in terms of its local act, which had wider application than just poor relief.

In some senses this is analogous to the Courts of Wardmote of the wards of the City of London - whose functions have been taken over by Common Council, but which still meet annually to look into nuicances in the ward. I believe this function of the Local Act viz the Old Artillery ground remains in force. The local Act was unaffected by the abolition of elective vestries, and was unaffected by the abolition of the Tower Liberty.
Although almost all of the functions listed in the Local Act have been taken over by other bodies, the Act itself, I believe,  remains, with one element of the Act still active.

Also, the beating of the bounds of the Old Artillery Ground could be reinstated - as the Tower Liberty bounds just around the Tower still observe this ceremony.

Could the Old Artillery Ground Vestry  reconvene, under the terms of its Local Act, for the purpose of reinstating the historic boundary marks of the liberty (they are zealously kept up around the Tower itself), and for looking into annoyances, (and writing to the Tower Hamlets Council regarding such) and for arranging an annual beating of the bounds in conjunction with the Tower of London. 


A further circumscribing of the effect of the Local Acts governing various parishes was effected by the Metropolitan Poor Act 1867. Once again,in the preamble to the act, it was pointed out the act did not abolish the Local Acts, merely limit their application. This act, in any event, did not apply to parishes in union, and so did not apply to the Old Artillery Ground - but the general principle can be extracted - that legislation concerning the Liberty / Parish only circumscribed its powers,or assigned them elsewhere, but did not abolish the Liberty per se - at least up until the 1900's, which is as far as legislation has been inspected regarding the Old Artillery Ground.



See this case below, regarding whether a General Act implicitly repeals a Local Act - the answer seems to be no, it does not, unless explicitly excluded.





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