Z is for Zoo

There isn't a zoo in Springhill, or in Rossendale for that matter, with the nearest zoo being in Blackpool about 50 miles away. At first sight therefore the provisions of the Zoo Licensing Act 1981 don't apply to the area. Similarly I am not aware of any birds of prey kept in captivity so the provisions of the Wildlife and Countryside Act 1981 as they apply to birds of prey are not relevant either. Similarly the Dangerous Wild Animals Act 1976 which requires the licensing and inspection of such animals to be held in captivity.

Yet I'm not so sure. Like many moorland areas there are persistent rumours of a panther or other large cat roaming on the hills. Nobody has actually seen it, everyone knows somebody who knows somebody who has seen it. Meanwhile the lambs seem to be born and survive to market every year. But who knows, perhaps an animal subject to the terms of the Dangerous Wild Animals Act wasn't held as securely as was needed?

Rather randomly, under the Grey Squirrels (Prohibition of Importation and Keeping ) Order 1937 a license is required for grey squirrels to be kept in captivity. Why anyone would await to is another question. The 'prohibition of importation' section obviously didn't work…



Y is for Youth

Prior to 1837 educational provision was very ad hoc:
Education for the privileged by governess or public school. Mary Ann Ashworth went to school 'in Rochdale' in the second decade of the 19th century and whilst this hasn't been traced with certainty the 'school for young ladies' is a possibility.
Dame schools, catering predominantly for young children, education may be minimal
Charity schools, none known in the area
Sunday schools from the 1780s onwards. the issue of teaching writing led to a split in the Methodist Church in Newchurch over whether or not this constituted 'work' on a Sunday

In 1852 the Select Committee on Criminal and Destitute Juveniles was formed in response to children roaming the street and causing mischief. It recommended 'systematic education and training for industrial work'. This was encouraged further via the 1857 Industrial Schools Act which established industrial schools covering training/skills for a trade. This included 'character reform' even if no crime committed... (these are distinct from the industrial schools established by Poor Law Unions in 1830s-40s for orphaned children) for children aged 7 to 'under 14' brought before the justices for vagrancy. Time period in school defined. In 1866 a further Act extended the reasons for admission to include begging, wandering, being in the company of thieves or being beyond parental control. The 1866 Industrial Schools Act also introduced regulations for certified establishments and schools for other denominations than C of E. Children under 12 convicted of imprisonable offence could be sent to industrial school instead of prison. In the 1876 Elementary Education Act, responsibility for industrial schools passed to education committee of the Local Authority. Apparently in 1880, a child aged under 14 living or associating with a known prostitute could be placed in an industrial school. The 1908 Children's & Young People Act made probation an alternative to industrial school. Industrial schools were abolished in 1932 and were replaced by approved schools

The 1870 Education Act England & Wales made school compulsory for children 5-13 although schools were only obliged to make provision up to age 10. Exemption could be given if a child had deemed to have reached a certain educational standard, and Patrick as Factories Inspector did prosecute mill owners for employing children without the required school certificates. This Act also established board schools, i.e those run by a school board. School boards could establish Day Industrial Feeding Schools and Truant Schools. The 1880 Elementary Education Act raised the age for which a certificate of educational standard was required in order for a child to be employed to 13 years. The minimum leaving age was raised to 11 in the Elementary Education (School Attendance Act 1893 irrespective of the standard raised. It was further raised to 12 in 1899. Education became compulsory from 5-14 under the 1918 Education Act which also began the introduction of part time education up to age 18. The school leaving age was raised to 15 in 1944, to 16 in 1972,though this had been in preparation since 1964. Similarly conversations were commenced in 2006 to raise the leaving age to 18, but the Education and Skills Act 2008 instead made it a requirement for young people to participate in education or training until they were 18. This need not necessarily be in school.

School boards were abolished in 1902 and responsibility for education was transferred to the local education authorities.

The legislation covering the education of children with special needs since 1944 is summarised in this article from the
TES. The picture before 1944 is complex with a range of provision for blind or deaf children, those with epilepsy and those who were deemed to be 'mentally defective'. These were described in the Defective and Epileptic Children Act 1899 and the Mental Deficiency Act 1913. A scholarly article on the social construction of special educational needs is given by Benjamin.

The Cloughfold Mentally Defective School was in operation between 1928 and 1941 and is summarised in my blog post go 30 March 2016.






Place your X in the box

Prior to 1832 the ability to vote had developed differently in different constituency types. Constituencies were usually counties or boroughs, so areas which weren't boroughs had minimal or no representation irrespective of their population, which might have grown markedly over time. Some places, most famously Old Sarum, returned MPs despite having no residents. Some powerful individuals controlled the election in several boroughs. Eligibility to vote varied widely between those constituencies in which voting was held. For county seats it was often based on the '40 shilling freehold' or holding freehold land worth 40 shillings in a county entitled the holder to a vote in that county. Owning property in more than one place gave entitlement to vote in each place.

The Representation of the People Act 1832 (2&3 Wm IV c 45) sought to 'take effectual Measures for correcting divers Abuses that have long prevailed in the Choice of Members to serve in the Commons House of Parliament'. Electoral Reform was a major issue in the 1830 General Election. It led to the abolition of borough seats with small franchises,
reduction in the number of MPs returned from remaining borough seats from 2 to 1
  • creation of seats distributed more evenly across the English counties and including larger towns.
  • extension of the franchise in counties to copyholders worth £10 and holders of long term leases on land worth £10. This would have a big effect in Rossendale where most land was copyhold. For borough constituencies (which Rossendale was not), men living in properties worth over £10 per year were enfranchised.
  • Introduced voter registration, administered by the overseers of the poor.

It was followed in 1867 by the Representation of the People Act 1867 (30&31 Vict c102) which continued the reforms of the previous Act. Locally that led to the establishment of Burnley as a Parliamentary Borough and its area covered Rossendale in the early stages. The changes also in effect led to the enfranchisement of all male heads of household.

Next came the Representation of the People Act 1884 (48&49 Vict c3). This led to the establishment of one-member constituencies with reduction in the return from the remaining two-member constituencies. It also standardised the franchise between borough and county seats on adult men paying £10/year rent or holding land worth £10. This covered 66% of men in England. Acquiring multiple votes by sub-dividing a property was outlawed - this did not affect Springhill as Springhill House was not sub-divided until after 1896.

After WWI it was realised that about 33% of adult males were ineligible to vote despite their war service. The Representation of the People Act 1918 gave all men over 21 the vote in the constituency in which they were resident. The rules for 19-21 year olds who had turned 19 during service in WWI were confusing and were clarified in a subsequent Act in 1920. Over time that would cease to be a problem as they turned 21 anyway.

Women were entitled to vote under this act if they were either a member or spouse of a member of the Local Government Register, owned property or were graduates of a University which returned MPs. Universal female suffrage was introduced in the Representation of the People Act 1928 for females over 21.

The voting age was further lowered to 18 in 1969, effective from 1970. Further discussions continue about lowering it to 16. We will see.

This only applies to Parliamentary elections. Local Government franchise is different. Of course.

W is for War, or refusing to fight it.

Again a huge topic so this will concentrate on the legislation surrounding WWI.

It soon became apparent that the need for servicemen would not be met by volunteers so the Milirary Service Act 1916 introduced conscription for single men aged 18-41. I wonder if this led to a rash of marriages in an attempt to avoid service.

There were exemptions for those medically unfit to serve, for clergymen (many of whom allegedly urged their parishioners to sign up), teachers and certain protected occupations. This led to numerous challenges to conscription on the grounds that their occupation was protected. Locally this centred on what was a 'shoe' and what was a 'slipper', shoe workers were exempt as they could make boots but slippers were designated luxury items and their workers had to fight. In one case the recruiter argued that velvet shoes were a luxury and the individual argued, successfully, that they were made to be worn outdoors and so constituted a shoe.

It also introduced certificates of exemption for conscientious objectors, of which Springhill with its Quaker and Baptist influences had plenty. Conchies fell into three main groups:
  • non combatants - sign up but non arms bearing
  • alternativists - work not involving military control
  • abolitionists - no service supporting the war

Nationally,approx 16,000 applied, most of those who were successful were Quakers. The minister at Sion Baptist at the time, Rev J Barton Turner, was accused of running classes prior to the tribunals of men applying for conscientious objection. At his hearing he denied stating that it 'didn't matter whether Britain was ruled by King or Kaiser'. Around 3,400 accepted Non-Combatant Corps or RAMC, these were given rank, number and uniform.

In May 1916 Military Aervice Act was amended to include married men (so any rush to marry didn't work for long) and in April 1918 it was further amended to include all men between 17 & 55 in conscription.

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Organisations supporting conscientious objectors included
Fellowship of Reconciliation www.for.org.uk formed 1914 to 'promote non violence as a personal, social, economic and political transformation'
Peace Pledge union www.ppu.org.uk, also no more war project www.ppu.org.uk/nomorewar/index.html. John Hart of Polefield Cottage left a legacy to the Peace Pledge Union.
No-conscription Fellowship, formed 1914 by Fenner Brockway and Clifford Allen to support conchies

V is for Victuallers

Whilst local controls had existed in some areas, the first national attempts to regulate alehouses was the Alehouse Act 1552 (5&6 Edw VI) as an attempt to minimise drunkenness. The forbade the selling of ale or beer without a licence from the Justices of the Peace. The licensee had to enter a bond to ensure good behaviour. Interestingly in some areas licenses were only awarded to those who attended church and received sacrament regularly.

The Licensing Act 1753 (26 Geo II c31) stated that licensees had to produce certificates of good character. It also directed the registration of licensees by the Clerk of the Peace at Quarter Sessions. Whilst the requirement for a license was maintained in the Licensing Act 1828 (9 Geo Vc16) the requirement for licensees to be registered was not. Controls were further loosened by the Beer Act 1830 (IWmIV c64) which permitted retail of beer, ale and cider with a license from the Excise agencies rather than local magistrates. Whether these were easier to obtain of not I don't know.

The Wine and Beerhouse Act 1830 (32&33 Vict c27) reintroduced the requirement for a license from the local JPs and also introduced control for the sale of alcohol for consumption off the premises. Registration of licensees was reintroduced by the Intoxicating Liquor (Licensing) Act 1872. The Licensing Acts of 1902 and 1904 required new licensees to submit plans of their premises on application.

A major change in English licensing laws occurred with the passing of the Licensing Act 2003. This led to the separation of premises to be licensed and persons licensed to serve alcohol; both were required. It also removed the 10.30 pm closing time, permitting 24 hour opening (subject to licence) if desired. It also amended licences for music and other entertainment.

Interestingly the 2003 Act also permitted children under 18 to serve alcohol in bars, even though they cannot drink it.

U is for Union

Two versions of 'An Act for the Union of Great Britain and Ireland' were passed in 1800 in the British and Irish parliaments, resulting in the creation of the United Kingdom of Great Britain and Ireland. Prior to this GB and Ireland had been in personal union, sharing the same head of state but with separate laws and interests.

This situation came to be resented within Ireland and led to the development of the Irish Home Rule movement. One activist for Irish nationalism was Michael Davitt, who emigrated from Co Mayo to Haslingden (2 miles from Springhill) age 4 in 1850. He developed an interest in Irish history and politics, becoming secretary of the Irish Republican Brotherhood.

The January 1892 parliamentary by-election in Rossendale was fought largely over the issue of Irish Home Rule, placed at the forefront of the campaign by the Liberal Unionist candidate Sir Thomas Brookes, a colliery owner. However the election resulted in a victory for the Liberal candidate, John Maden, a cotton spinning manufacturer who was in favour of home rule with a separate Irish parliament. Maden won by 1225 votes, a result which sent shockwaves throughout the political establishment prior to the general election in July 1892. This saw the Conservatives win the greatest number of seats but the Liberals form a government with the support of the Irish Nationalists.

1939 Register for Springhill

After hours of frustration I have finally completed the transcript of the 1939 Register for Springhill and the surrounding area. That runs to over 500 people. The transcript for the larger Deadwenclough area is work in progress and will run to tens of thousands.

I will do some detailed analysis of the results later but some initial thoughts:

  • The transcript is shocking in places but it doesn't help when the original is arranged in an apparently random fashion (why on earth did they take that route?) and place names are recorded incorrectly on the register itself. I have transcribed as written from the original scans, but know fine that it is Edge Lane not Hedge Lane as enumerated.
  • It is striking how many women are engaged in unpaid domestic duties, much higher than seen in the 1911 census. Again, I'll do a formal comparison sometime but it is marked.
  • Perhaps it is a mark of getting older but there are a number of individuals on that census who were a prominent part of my childhood. I knew they were dead of course, but seeing family friends turn into historical records is chastening.

T is for Tree Prevervation

Springhill is a Conservation Area, having been designated as such in 1975. The proposal for Conservation Area status described various less attractive features of the area with grand ideas for their improvement. Few of them came to pass.

Conservation Areas were established from 1967 onwards by the local authorities under the planning regulations as being of particular historical or architectural interest. The proposal documents therefore give detailed descriptions of the area and its buildings, often with details of their history.

Conservation areas are now governed under the Planning (listed building and conservation areas ) Act 1990 which detailed how buildings are to be listed (none in Springhill) and established that conservation areas should be reviewed periodically.

In addition to planning controls, one aspect of the conservation area is tree preservation. Tree preservation orders can exist separately from conservation area status and not every tree in a conservation area is preserved. However most trees in Springhill are subject to tree preservation areas, including every one on the lane.

Tree preservation orders were initially established under Pt VIII of Town & Country Planning Act 1990. This was superseded by the Town & Country Planning (Tree Preservation) (England) Regulations 2012. Orders made before 6 April 2012 remain in force.

Tree preservation orders prohibit:
Cutting down
Cutting roots
Topping
Lopping
Uprooting
Wilful damage
Wilful destruction
Without written permission from the Local Authority.

That doesn't prevent people occasionally having a go at a protected tree and there is one tree in Springhill with a patch of bark removed from the base of the tree, allegedly by a resident in the 1990s who wanted it removed to facilitate car parking…

S is for Secret Societies

It is perhaps inevitable that any organisation with a closed membership and secret signs and rituals would arouse suspicion and opposition. This was crystallised in the Unlawful Societies Act 1799. Essentially this defined a society as unlawful if it required members to take an oath which was not authorised by law. Its stated aim was 'the more effectual suppression of societies established for seditious and treasonable purposes'. It is a bit of a leap from taking an oath to an assumption that the purpose of the society was not compatible with good governance and the rule of law.

Masonic lodges established before the introduction of the Act were exempt so long as their meeting places and times and membership were registered with the magistrates. This requirement was eventually repealed by the Criminal Justice Act 1967. Currently masons in England are not registered, although police officers and judges are asked to make a voluntary declaration of membership if appropriate.

The largest secret society in the Springhill area is the Freemasons, with Charles Patrick being an active mason (although his lodge is unknown) and the buildings he endowed had foundation stones laid 'with full masonic ritual'. Apparently this involved a procession in full regalia to the site where the foundation stone was tapped a number of times with a silver gavel after which the assembly would retire for refreshments. More recently a one-time Rossendale MP,
Sir David Trippier, served as Provincial Grand Master for East Lancashire.

According to the
Provincial Grand Lodge of East Lancashire there are 7 lodges which meet at the Masonic Hall in Rawtenstall and a further two in Bacup. However that may have changed as several lodges are known to have closed or be closing. I have no data on how many have been active historically.


R is for Religion

Religious legislation around the time of the Reformation and Civil War is long and complex and only a brief outline is given here. This is with an emphasis on those aspects which relate to Springhill.

There were a series of Acts of Uniformity in the C16:
1549 established the Book of Common Prayer
1552 required its use in worship
1559 set the order of prayer to be used in worship and mandated all persons had to attend weekly or fact a 12d fine. It was repealed in 1650.
1662 re-established the rites and ceremonies of the Book of Common Prayer in church services. It also prescribed that adherence was a prerequisite for holding ecclesiastical office. Dissenters holding civil office was prohibited by the Corporation Act 1661.

It is this 1662 Act which is of interest to Springhill as it ultimately gave rise to the 'Kippax' myth of the Rev Kippax, vicar of St Nicholas, resigning his living under this Act to lead the Dissenting congregation which ultimately became Sion Baptist. Unfortunately for the romantics, Kippax was still practising as curate there after 1662.

Charles II's Royal Declaration of Indulgence permitted greater freedom of worship for both Catholics and Dissenters. Both Quaker and Dissenting meeting houses were licencesed at this time, the former at Chapel Hill and the latter in Springhill, later becoming Sion.

The Toleration Act 1689 allowed Dissenters to worship freely provided they gave an oath of allegiance to the crown. This did not apply to Catholics (of which there were plenty to the north of Springill in the Burnley and Bowland areas) and Unitarians. Restrictions against the latter worshipping were not rescinded until the Doctrine of the Trinity Act 1813 and it was not until the Repeal of the Test Act in 1828 that Catholics and nonconformists were allowed to become Army officers.

Springhill is on the fringes of the 'witch' country of Pendle and, more recently by repute, areas of West Yorkshire. There are certainly aspects of pagan and new age practice but, although rumours of witchcraft in the immediate area arise from time to time, they have never been substantiated.

I was amused however by the series of legislative acts controlling witchcraft and spiritualism. The first is the Witchcraft Act of 1735 which prohibited one person claiming that another was practising witchcraft or had magic powers. So not only was it an offence to claim to be a witch or medium but also to claim that someone else was. It was replaced in 1951 by the Fraudulent Mediums Act in which it became an offence to claim to be a medium in order to deceive or make money. This was in turn replaced by the Consumer Protection from Unfair Trading Regulations 2008.

I just find it amusing that something which started as an issue of belief, practice and slander became one of consumer protection. mmm.

Q is for Quarries

Apparently, according to the British Geological Survey, 'minerals' are defined as 'all substances in or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than for sale'.

Turbary rights were complex and extensively argued in the areas around Springhill, they are discussed under 'G is for Game'. It is interesting that peat other than for sale is excluded from this definition, and that it is felt necessary to do so in the 21st century.

The crown gets much of the good bits: oil and gas, gold and silver. Coal is owned by the Coal Authority and whilst coal exists under the houses of Springhill it is reassuring that the deeds of Polefield Cottage include documents from the Coal Authority that they have no plans to extract it

Other minerals are in private ownership and their ownership details are held by the Land Registry.

Locally the mineral rights were held by the Honor of Clitheroe who retained the rights when the manorial copyhold system was abolished in 1922 (see H is for Housing). Some of the Springhill owners have bought out the mineral rights at various times. Whilst the chance of development is small, I recall test bores being drilled up Newchurch Road in the 1980s and the 'Dallas'-fuelled speculation was that they were looking for oil… However both coal and stone have been taken from the Springhill area in the past and Springhill House was built by a local colliery owner.

A major aspect of quarry and mine legislation is that relating to health and safety of workers and the duties of managers. This is currently covered by the Quarries Regulations 1999 which the truly keen can download for free from the
Health and Safety Executive. Sadly the risk is real; my ggg-gf died in a quarry accident about a mile from Springhill in 1864.

P is for Public Works

The Lancashire Cotton Famine arose in ~ 1861 due to the shortage of raw cotton arriving in Lancs secondary to the blockade of American ports during the Civil War. The situation was exacerbated by a relative overproduction in 1859-60 leading to reduction in price for the finished goods. The consequence for the Lancashire cotton workers was depressed wages and rising unemployment. This led in turn to a strain on the poor relief system. Informal schemes to provide relief developed, from soup kitchens to sewing classes.

The Public Works (Manufacturing Districts) Act 1864 enabled local authorities to borrow money to be spent on approved public works giving employment to those affected by the cotton famine. Schemes included developing parks (Alexandra Park in Oldham being an example), cleaning rivers and installing water and sewerage systems. Rooley Moor Road between Stacksteads (approx 1 mile from Springhill) and Rochdale over the moor was setted under this act.

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Which is all very well and doubtless of great benefit to the impoverished textile workers but the question is still why this particular project was chosen. Rooley Moor Road was the main drovers' route at one stage but the main routes were the turnpike road in the valley floor and the railway by the 1860s. Rooley Moor Road was a minor way at that stage and it would be surprising if there were not other projects more beneficial to the population at large for the money to be spent and the men to be working on.

Report in the
Sydney Morning Herald Mon 28 March 1864 on the working of the Public Works Act courtesy of the excellent Trove

O is for Oaths

Oaths of Allegiance to the Sovereign date back to Magna Carta and have been extensively revised and reinvented in response to various circumstances. Examples include the Gunpowder Plot of 1605 (in the gloriously named Popish Recusants Act 1605). Supremacy of the sovereign was a component of oaths of allegiance until the Promissory Oaths Act 1868. The religious component of the Oath remained however until the Oaths Act 1888. This gave partakers the right to affirm allegiance rather than swear to God. 'To God', rather than 'by Almighty God'; that came later in the Oaths Act 1909 which also made provision for Jews to swear on their scriptures whilst Christians swore on the New Testament.

This oath had to be sworn by people elected to parliament and other public roles including magistrates and members of the armed forces and, later, the police. As Quakers were not prepared to swear allegiance, believing their allegiance to be to God alone , they were excluded from these roles. Springhill and environs has a large Quaker community dating back to mid 16th century. The wider region also had a large recusant population who would be caught by any oath which denied the authority of the Pope as oaths in the time of James I did.

N is for Nursing Homes

The development of the Nursing Home in Springhill house and the somewhat optimistic ambitions of its founders is documented elsewhere.

Prior to 1905 care of the elderly infirm occurred under the Poor Law system, either by out-relief or in the workhouse. As the first quarter of the 20th century developed this was felt to be inappropriate and the Local Government Act 1929 enabled local authorities to develop workhouses as either hospitals or care homes for the elderly. The workhouse in Rossendale, actually the Haslingden Union, turned into the Rossendale General Hospital. Springhill residents requiring the workhouse would have been sent there, and many Springhill residents were born, received treatment or died there in its hospital days.

Conditions in early nursing homes were not good and in 1926 a Select Committee on Nursing Homes (Registration) was established. Their report led to the Nursing Homes Registration Act 1927 which led to the registration and inspection of private nursing homes. These were still on the whole large establishments.

The provision of residential accommodation for the elderly and others in need became the responsibility of the Local Authority under the National Assistance Act 1948. For Springhill this was the Rawtenstall Municipal board. This was the framework under which Springhill Nursing Home was established in 1962.

As the 1960s progressed the distinction began to be made between residential homes (which provided social and personal care to those who did not require nursing care) and nursing homes (which provided nursing care in addition). Springhill was a private nursing home, managed by a registered general nurse (although this wasn't actually a requirement until the Health Services Act 1980) and with trained staff on duty. As a private institution it was expected to return a profit, but it is unclear to what extent this was realised.

Regulation was extended by the Nursing Homes Act 1975 which brought the responsibility for registration and inspection to the Area and then the District Health Authorities.

Although Springhill Nursing Home had closed by then, the introduction of the National Minimum Wage in 1999 and the National Minimum Standards for care homes in 2001 increased the financial pressure on the private nursing home industry. A number of homes closed, a high proportion of those being single site enterprises in adapted residential dwellings for whom meeting the standards was challenging.

Summaries of the development of nursing home care by
Sheila Peace and by Lievesley and Crosby (on behalf of BUPA)

M is for Matrimony

For a summary of the history of matrimonial law I can do no better than point to Rebecca Probert's books:

Marriage Law for Genealogists
Divorced, Bigamist, Bereaved?

as excellent, readable introductions to the subject.

People in Springhill certainly married, and their settlements in anticipation of marriage describe the layout and ownership/tenancy of the land in detail with maps. They also divorced, and these proved triggers for changes in property ownership, indeed for one cottage it is possible to trace the owner's sequence of marriages through the title deeds. I'm not aware of any bigamists…yet…

Probert however does not cover the topic of same sex relationships. These were formalised in the Civil Partnership Act 2004 which conveyed rights and responsibilities on a same sex couple similar to that of civil marriage. These are largely terms of property ownership, inheritance, parental responsibility, next of kin, insurance rights and the like. Same sex marriage was introduced by the Marriage (Same Sex Coples )Act 2013. Springhill certainly has same sex couples. No idea of their status - not my business.

L is for Local Government

As described under 'G is for Game', Springill was part of the Forest of Rossendale and so subject to Forest Law until 1507. After that is was run in accordance with the customs of the Manor of Accrington New Hold in the Honor of Clitheroe.

The Municipal Corporations Act 1835 (5&6 Wm IV c 76) was introduced to achieve reform of Local Government. Prior to this Local Government had suffered from many of the problems affecting parliamentary constituencies with corporation jurisdictions which did not correspond with the location of populations, limited electorate and the power being concentrated in the hands of a small group of individuals who limited access to their ranks. The Act established a system of municipal boroughs which were governed by a town council which was elected by its ratepayers.

Many towns in the north of England were unincorporated and this act allowed them to petition for incorporation. Rawetnstall, which includes Springhill, was not one of them. Burnely was incorporated in 1861, Bury in 1876 and Accrington in 1878.

Rawtenstall Local Board of Health was formed in 1879 and Charles Patrick of Springhill was a founder member. The board petitioned for a Charter in 1887 which was declined, and again in 1889 which was finally granted in 1891. It was abolished in 1974, being incorporated with Bacup, Haslingden and parts of Ramsbottom to form the Borough of Rossendale.

Rawtenstall MB contained 6 parish level units of which Springhill was in Newchurch.




A local board was formed for the town in 1874 and the district it governed was extended to cover parts of the townships of Lower Booths (Rawtenstall itself), Higher Booths, Newchurch and Haslingden in the ancient parish of Whalley and Cowpe, Lench, Newhall Hey and Hall Carr, and part of Tottington (Higher End) in the ancient parish of Bury.[1] Subsequently Rawtenstall was incorporated as a municipal borough in 1891 and in 1894 a civil parish was created to match the borders of the borough.[1][2] Following the local government reorganisation in 1974 Rawtenstall became part of the Borough of Rossendale.

K is for Killing

Laws against killing reach back to at least the Exodus with Ex 20:13 being variously translated as 'thou shalt not kill' or 'thou shalt not murder'. Whilst the precise scope of this prohibition has been debated ever since, pretty much all jurisdictions have placed limitations on the circumstances in which it is permittable for life to be taken and the consequences of acting outside these circumstances.

The first aspects of 'killing' is that of murder. This was governed by common law apparently without statutory intervention until the Homicide Act 1957 (5&6 Eliz 2 c11). This led to the abolition of 'constructive malice' or the need for the murder to have been premeditated. However rather than clarify matters this law led to more confusion and it was tidied up in the Criminal Law Act 1967. The Homicide Act 1957 outlined reasons for diminished responsibility and also covered suicide pacts. It also reformed liability to the death penalty with the introduction of capital murder. This section was replaced as capital punishment was abolished for murder in 1969. Cases were heard in Crown courts and are widely reported.

The second aspect of 'killing' is that of abortion. This was first criminalised in the Offences Against the Person Act 1861 with potential penalties of imprisonment from three months upwards. The Infant Life Preservation Act 1929 permitted abortion in good faith with the intent of saving the mother's life - the doctor was to be 'satisfied that the continuance of the pregnancy was liable to endanger the health of the expectant mother'. It also defined the age of viability of the fetes as 28/40. This remained the situation until the Abortion Act 1967 which legalised abortion under 28/40 under certain circumstances on the agreement of two doctors. The Human Fertilisation and Embryology Act reduced the limit for abortion to 24/40 unless the opinion of two doctors is that the child would be seriously handicapped by physical or mental abnormalities. Whilst records relating to individual abortions would be unusual in one-place studies, campaigns for or against the practice may have taken place. Whilst Rossendale does not have a termination of pregnancy clinic, protests against the practice organised by one of the local churches have certainly occurred.

The third aspect of killing to be considered is killing oneself or suicide. It is thought to have been illegal since the 13th century and until 1823 and the Burial of Suicide Act there was apparently a legal requirement for suicide victims to be buried at crossroads. The Suicide Act 1961 meant that suicide ceased to be a criminal offence but it became an offence to assist in one. The burial of suicide victims in unconsecrated ground was never a legal requirement. Only one of the four known unconsecrated burials in Rossendale is thought to be that of a suicide victim, that of James Ormerod in Patrick Crescent.

J is for Jury Service

The present use of jury trial emerged from the ancient system of justice in which local people were charged to attend the Hundred courts and attest to misdemeanours in their areas. Later, the system emerged by which local people were chosen from each part of the Hundred and a jury, usually of 12, was chosen from these men (and they were always men). This was the system at the Halmote courts as well as Assizes and Quarter Sessions.

The Act for the Better Regulation of Juries 1730 described who was eligible for jury service and a list of those eligible was to be published in each parish. Jury members would be selected randomly, by lot, from these lists. Then as now the middle class sought to evade their responsibilities for jury service (either by imputing the integrity of the officials or by paying others to serve for them) and this Act aimed to reduce this. People continued to try and avoid jury service on the grounds of the essential nature of their work or the detrimental effect on their business until this exclusion was further tightened in 1997.

I managed to avoid jury service on the grounds of breastfeeding and have never been called back!.

I is for Immigration

A long, complex and rapidly changing series of legislation which is confusing and contentious. Immigration has been a fact of British history for centuries although it has only recently been a feature of local life in Rossendale.

A series of acts extended the right to abide in Britain to children of British parents who were born abroad. These included the Status of Children Born Abroad Act 1305 which granted English nationality to children of two English parents who were born abroad. This was extended in the British Nationality Act 1772 to the children of an English father who were born abroad.

Modern immigration law is often said to have commenced with the Alien's Act 1905 which introduced immigration controls and registration. This was designed to control the entry of paupers, vagrants and lunatics although it included restrictions on Jewish immigration from Eastern Europe.

Nothing concentrates minds on immigration like a war, for good or ill. 1914 saw the British Nationality and Status of Aliens Act (4 & 5 Geo V 17) defined how British Nationality could be acquired or lost whilst the Aliens Restriction (Amendment ) Act 1919 (9 & 10 Geo V c 92) covered the status of enemy aliens post WW1. I remember discussions on the compulsory internment of Palestinians during the 1991 Iraq war so the issue remains emotive.

The rights of entry for Commonwealth citizens were gradually tightened until by 1968 under the Commonwealth Immigrants Act they had to prove that they, a parent or grandparent had been born in the UK and by the Immigration Act 1971 Commonwealth citizens lost their automatic right to remain in the UK. In the meantime the Commonwealth Immigrants Act 1962 introduced work vouchers for immigrants: Class A for Commonwealth citizens with specific jobs, Class B for Commonwelath citizens with specific skills but no job and Class C for everyone else. Commonwealth immigration into Rossendale increased in the period following WW2 as workers were recruited to work in the cotton and slipper mills. Their stories are told in the
Different Moons project.

The growth of the Single Market within the EU has led to the right of EU citizens to live and work anywhere within the EU. To date relatively few EU citizens have chosen to reside in Rossendale.

The Nationality, Immigration and Asylum Act 2002 introduced the citizen test. I would fail it if the online test paper is anything to go by.


1939 Register piece numbers for Rawtenstall MB

This spreadsheet gives the piece and area numbers for Rawtenstall MB (courtesy of Martin White of 1 Place Studies Extra - cheers!). I have added rough areas/streets for the various piece numbers to aid tracking down.

Please note:
these are not exhaustive, but it gives you an idea of the area to start looking
the enumerator's route seems totally random at times and there are a number of entries which appear totally out of sequence.

H is for Housing

The law on housing is extensive and complex so this post will consider two aspects which influenced life in Springhill.

The first is the
copyhold system. Briefly, copyhold was a form of tenure based on the customs of the lord of the manor, in this case of Accrington New Hold which fell under the Honor of Clitheroe. The right to the land was conferred by an entry in the court rolls, of which the tenant had a copy. Such entries were made at the Halmote and are recorded in the court rolls. They involved a series of largely symbolic actions which leads to potentially confusing entries in deeds ('by the rod surrendered'). Both parties attended court to They also involved an entry fine, usually equivalent to one year's rent. Tenancies locally were often for a series of lives, usually three. They also customarily either involved provision for the dower or a (usually fictitious) court case to ensure dower.

Over time copyhold land was increasingly enfranchised, particularly following the Copyhold Acts of 1852 and 1894. These allowed for the mineral rights to be retained by the lords of the manor. In Rossendale the copyhold system was in place until it was eventually extinguished by the Law of Property Act 1922. Even then, the lords of the Honor of Clitheroe reserved the mineral rights…

The second is the law as relating to
married women's property in the late C19. Much of the land in Springhill and around was held by ladies who subsequently married. Before the Married Women's Property Act 1870 (45 & 46 Vict. c.75), married women couldn't hold or control property in their own right. Property owned on marriage passed to her husband and property acquired during the marriage also passed to him unless it was specified as being for her own sole and separate use.

This lead to the establishments of Settlements in Anticipation of Marriage being drawn up.Those pertaining to Springhill, of Mary Ann Ashworth, Elizabeth Ann Ashworth and Mary Alice Ashworth were usually signed the day before their wedding. These are super documents for one place studies as they list all the properties owned by the woman in question, with location, usually tenants and often the name of the person from whom it was purchased.

Part of these settlements was the establishment of Trusts to allow the estate to be managed independently of that of the husband. Interestingly in the case of Elizabeth Ann Ashworth, her husband was one of the trustees.

The Married Women's Property Act 1870 recognised married women as a separate legal identity to that of her husband. It gave her the right to hold, inherit, buy and sell property in their own right and name. She could also sue and be sued in her own name and was liable for her debts.

G is for Game

A forest was defined as:

'A certen territory of wooddy grounds and fruitfull pastures, priviledged for wild beasts and foules of forrest, chase and warren, to rest and abide in, in the safe protection of the king, for his princely delight and pleasure'
(Manwood 1598 in Cox,
The Royal Forests of England.)

Strictly speaking Rossendale was a Chase rather than a Forest because it was not under the direct possession of the king, but unusually was still subject to forest law.

The main breaches of forest law related to encroachment, enclosure, venison trespass (i.e. any game) and vert trespass. Venison trespass comprised the hunting of deer (re, row and fallow) boar, hare, wolf, fox,marten, coney pheasant and partridge. Each dead animal was examined and fines issued for lax custody. Any trespass with dog and bows was regarded as poaching.

Vert trespass included assarting (or clearance), astigment (pasturage), pannage (foraging with pigs for acorns and beech nuts) and turnery (peat cutting). Limited rights of vert were granted to the residents who were few in number, comprising mainly of foresters and the keepers of the vaccaries which emerged in the C12. The area was included in the perambulation of the Lancashire forests in 1228 by William Blundel and others, who recommended a relaxation of forest law. Gradually after this date the land was increasingly used for cattle farming, probably primarily for oxen. Smallholding developed and piecemeal enclose took place.

The foresters were recompensed in kind with the tenants being obliged to provide them with sustenance. There were complaints that the foresters had committed 'divers displeasures and annoyances against the tenants, their wyfes and servants and sundry wise by theire coming to theire houses for theire mead and drink' (
Cox). This was converted to a payment of £12.13..4 for the foresters' upkeep. Somehow this payment lapsed in 1461 and by 1501 the officers were given stringent orders to recover payment. This may have been a factor in the tenants requesting deforestation which was granted in 1507.

Administration was via the courts of the Honor of Clitheroe, predominantly the Halmote, and selected transcripts can be found in Farrer's
'Clitheroe Court Rolls'

An excellent summary of early English Forest Law can be found by Jane Winters on
Early English Laws.

F is for Factories

The Factories Acts
Introduced sequentially to improve hours and conditions in factories. Charles Patrick’s role was to enforce these.
Factories Act 1833 (3&4 Will. IV c.103)
  • ▪  Children (ages 14–18) must not work more than 12 hours a day with an hour lunch break. Note that this enabled employers to run two 'shifts' of child labour each working day in order to employ their adult male workers for longer.
  • ▪  Children (ages 9–13) must not work more than 8 hours with an hour lunch break.
  • ▪  Children (ages 9–13) must have two hours of education per day.
  • ▪  Outlawed the employment of children under 9 in the textile industry.
  • ▪  Children under 18 must not work at night.
  • ▪  Provided for routine inspections of factories – 4 inspectors appointed

  • Factories Act 1844 (7&8 Vic c. 15)
    Applied to the textile industry and extended the above provisions to women
  • ▪  Children 9–13 years could work for 9 hours a day with a lunch break.
  • ▪  Women and young people now worked the same number of hours. They
    could work for no more than 12 hours a day during the week, including
    one and a half hours for meals, and 9 hours on Sundays.
  • ▪  Factory owners must wash factories with lime every fourteen months.
  • ▪  Ages must be verified by surgeons.
  • ▪  Accidental death must be reported to a surgeon and investigated.
  • ▪  Thorough records must be kept regarding the provisions of the act.
  • ▪  Machinery was to be fenced in.
  • Powers of factory inspectors mid 18th century. 3rd section of the act 7 and 8 Victoria c 15
  • “That every inspector and sub-inspector shall have the power to enter every part of any factory at any time, by day or by night, when any person shall be employed therein; and to enter by day any place which he shall have reason to believe to be a factory, and to enter any school in which children employed in factories are educated, and at all times to take with him into any factory the certifying surgeon of the district hereinafter mentioned, and any constable or other peace officer whom he may need to assist him; and shall have power to examine, either alone or in the presence of any other person, as he shall thing fit, every person whom he shall find in a factory or in such a school, or whom he shall have reason to believe to be or to have been employed in a factory, within two months next preceding the time when he shall require him to be examined, touching any matter within the provisions of this act; and the inspector or sub- inspector may, if he shall see fit, require such person to make and sign a declaration of the truth of the matters respecting which he shall have been or shall be so examined; and every inspector and sub-inspector shall have power to examine the registers, certificates, notices, and other documents kept in pursuance of this act; and every person who shall refuse to be examined as aforesaid, or who shall refuse to sign his name, or affix his mark, to declaration of the truth of the matters respecting which he shall have been examined, or who shall in any manner attempt to conceal, or otherwise prevent any child or other person from appearing before, or being examined by, an inspector or sub- inspector; or who shall prevent, of knowingly delay the administration of an inspector or sub-inspector to any part of a factory or school, or shall prevent an inspector or sub-inspector from examining any register, certificate, notice or other document kept in pursuance of this act, shall be deemed guilty of wilfully obstructing the inspector or sub-inspector in the execution of the powers entrusted to him.”

    • Factories Act 1847 (10&11 Vic c 29)
    • ▪  Applied to textile mills except silk and lace
    • ▪  Women and children under 18 could work a maximum of 63 hours/week
    • ▪  Reduced May 1848 to 58 hours/week
    • ▪  Effectively the working day became limited to 10 hours
    • ▪  Led to the introduction of two 10 hour shifts/day
      Factories Act 1850 (13 & 14 Vict c 54)
      Defined hours of work
    • ▪  Children and Women could only work from 6 a.m. to 6 p.m. in the summer
      and 7 a.m. to 7 p.m. in the winter.
    • ▪  All work would end on Saturday at 2 p.m..
    • ▪  The working week was extended from 58 hours to 60 hours.
    • ▪  Hours of work for age 9 to 18 was changed to 10.5 hours night and day
      (reduced to 10 hours/day in 1856)
    “The Factory Inspectors’ Reports of the middle decades of the nineteenth century give yearly evidence of wilful evasion of the Factory Laws and of a somewhat unfeeling exploitation of the workforce. The starting before and working after legal hours, the employment of children under age, or without allowing them to attend school at ages when the Factory Act required them to do so, seem to have been common practices which the penalties imposed by the magistrates, who were too often themselves magistrates, were too small to suppress.”1

    E is for Environment

    There are numerous acts which have affected the environment at a local level but perhaps the most striking from the Springhill perspective are the Clean Air Acts.

    The Clean Air Act 1956 was introduced in part to the Great Smog of London on 1952 which is thought to have contributed directly or indirectly to the death of 12000 people and caused major disruption to transport. It introduced 'smoke control areas' in towns, promoting the burning of smokeless fuel. Chimney heights were increased, particularly on power stations, in an attempt to minimise ground level pollution.

    This was followed by the Clean Air Act 1968 which further extended the use of tall chimneys. It also increased the sanctions on local authorities which were slow to implement the 1956 Act. The Clean Air Act 1993 further extended these provisions. It also included the lovely definition of 'dark smoke', i.e.darker than shade 2 on the Ringelmann Chart:

    Ringlemann chart

    Historically factory pollution was an issue locally as this picture from Accrington demonstrates:

    accrington 200

    I am uncertain at what stage the Clean Air Acts were implemented in Rossendale. As a child every house had a coal fire with numerous chimneys pouring smoke into the atmosphere, even if most mills were not steam powered by then. I remember my mother and her friends discussing the implications of having to 'go smokeless' amid fears that coal consumption (and therefore cost) would increase and warmth decline.

    Air quality did improve dramatically. In part this would be due to burning cleaner fuels but in part due to the decline of heavy industry in the area and the switch to central heating. Countering this is the rise of the motor car.






    D is for Distress for Rent

    Non-payment of rent is not a new problem.

    In 1662 the agents of Lord Albermarle, the then landowner,
    wrote to the Juries of the Survey of the Honor of Clitheroe with a list of tenants who were in arrears and commanding them to investigate.

    The ancient remedy gives the landlord the right to enter the property and seize and hold goods there until the rent is paid. This right existed for goods on the property irrespective of whether they were owned by the tenant or not. In 1689 the Distress for Rent Act 1689 (2 Will & Mary c5) permitted the landlord to sell the goods to recover the rent.

    It was extended by the Distress for Rent Act 1737 (11 Geo 2), 'An Act for the more effectual securing the Payment of Rents, and preventing Frauds by Tenants', contains the marvellous introduction:

    'Whereas the several laws heretofore made for the better security of rents, and to prevent frauds committed by tenants, have not proved sufficient to obtain the good ends and purposes designed thereby, but rather the fraudulent practices of tenants, and the mischief intended by the said Acts to be prevented have of late years increased, to the great loss and damage of their lessors or landlords:…'

    Love it.

    The 1737 Act extended the provisions to enable the landlord to recover goods fraudulently removed from the property to be sold to recover the rent, unless they had been sold on to someone not privy to the fraud. They may also seize cattle on the premises to cover rent. It also specified the procedure if the tenant had done a runner whilst in rent arrears, or who gives notice then refuses to leave (in which case double rent could be charged for the duration of the overstay).

    These were dealt with at the Quarter Sessions so there may be lots of juicy entries there.

    Interestingly the text of the act also specifies that it applies in the town of Berwick upon Tweed. Just in case it tried to pretend it was in Scotland.

    Over time this was executed via bailiffs rather than by the landlord personally. The Distress for Rent Rules 1988 Statutory Instrument 1988 2050 specified and tightened the procedure by which a bailiff could be certified and used in these circumstances. Now the rules vary with the type of tenancy and its date of origin.

    Interestingly, Rossendales Bailiffs is based in Birmingham, 100 miles away.

    I also had a friend who claimed that tenants thought the census enumerator was the rent man so that is why they didn't appear on the census…

    C is for copyright

    I love the writings of Judy G Russel aka The Legal Genealogist. She has written extensively on copyright. Unfortunately this is predominantly from a US perspective and UK law differs. A UK equivalent summarising the various aspects of copyright law would be wonderful.

    This isn't it.

    The National Archives have a useful
    summary of the position on their site. These points are based on that text. In brief:
    • Copyright exists when a work is created.
    • It is vested in the creator of the work unless this is transferred to another or the copyright holder has made it available for use without explicit permission.
    • Work created in the course of employment is usually copyright to the employer (I remember it well from being a University Lecturer, intellectual property rights worked similarly) but time limitations depend on the original author not the institution.
    • There are a number of ways in which work may be made available without express permission, the most common being the Creative Commons Licence.
    • Copyright it time-limited, the standard duration being 70 years from the death of the creator for literary works and 50 years from creation/publication for sound recordings.
    • Copyright of photographs is held by the owner of the negative (not the photographer) for work produced between 1/7/1912 and 31/7/1989.

    The TNA summary document linked to above includes two very helpful flowcharts. They also give a
    summary document on using their material.

    Straightforward? Well, not exactly

    Firstly there is the issue of the use of 'insubstantial parts' of a work which can be used freely. There is no definition of what constitutes a 'substantial' or an ' insubstantial' part of a work. The rule of thumb from my Uni days was one article from a journal or one chapter from a book as long as that did not exceed 10% of the work.

    Secondly there is the issue of 'fair dealing'. This allows use for private study or non-commercial research. The copyright owner should still be credited. Fine, but what constitutes 'fair dealing'?

    Thirdly, Crown copyright material is available for use under the Open Government Licence. The difficulty here is in knowing whether material is Crown copyright or not. Being held by TNA does not make it Crown copyright. Also this applies to the material not to images of the material supplied.

    Fourthly there is a distinction between ownership of the copyright and ownership of the work. This seems to be a particular case with photographs. This is further complicated in many cases by not knowing exactly when the photograph was taken. How often have you looked at a picture, scratched your head and thought 'well I think it was taken in 19XX'?

    Fifthly is the issue of knowing whether material is in copyright and if so, who owns the copyright and how they may be contacted. The Intellectual Property Office publishes details of the process of conducting a diligent search for copyright holders before works are permitted to be declared as orphan works, i.e. the copyright holder/s are unknown or cannot be located. This process differs for literary works, film/sound and still visual works and can be found
    here.

    Related to copyright but distinct from it is the issue of plagiarism. This is claiming somebody else's work as one's own. Don't.

    This area is complex and whilst I think the above is correct I am prepared to stand corrected!


    B is for byways

    B is for Byways

    Footpaths
    For pedestrians only. Dogs are permitted under close control and as long as they keep to the footpath. Prams, buggies and wheelchairs are also permitted, but for most footpaths in the area this is impractical.

    Bridleways
    For walkers, horseriders and bicyclists. Bicyclists are expected to give way to walkers and horseriders.

    Byways Open To All Traffic (BOAT)
    These are open to motorists, bicyclists, horseriders, motorcyclists and pedestrians. They are often signed as 'byways'. Cars etc should be registered, taxed etc as per the road. Hurst Lane is a BOAT and 4x4 enthusiasts petition from time to time for it to be made accessible for off-road vehicles.

    Restricted Byways
    Restricted Byways are created under the Natural Environment and Rural Communities Act 2006. Their access is similar to that of bridleways.

    Historically (and not complete):

    Highways Act 1555
    Two Surveyors of the Highways were elected every Easter. They were to be 'honest persons' and to be responsible for the upkeep of highways within the parish boundaries. They were entitled to designate four days before midsummer on which the entire parish would maintain the highways.

    The Act was originally in force for seven years.


    Highways Act 1562
    The Highways Act 1562 (5 Eliz.1 c.13), effectively extended the above act for another 20 years but extended the availability from four days/year to six. Supervisors of Highways were also allowed take debris from quarries and dig for gravel without permission of the landowners.

    Fines were introduced for non-compliance by the Supervisors of Highways.. Certainly in the Clitheroe Court Rolls residents of Deadwenclough and elsewhere were amerced every year for failing to maintain the highway. However it is not clear if they failed to attend on the designated days or failed in their duties as Surveyors of Highways or were responsible for the highways on or adjacent to their land.

    The development of steam locomotives (and later automobiles) and their use on the highways led to the Locomotive Acts of 1861 and 1865 (the latter known as the 'Red Flag Act' due to its imposition of 4 mph rural speed limit and the need for the vehicle to be proceeded by a man with a red flag) amongst others. These were introduced secondary to fears that these vehicles would damage and block roads, scare horses and cause noise and other disturbance. All correct. They also covered vehicle registration and weight restrictions over bridges and the like.

    The Highway Act 1835 (5 & 6 Will 4 c 50)

    This transferred responsibility for highway maintenance from the Supervisors of Highways to the parish surveyors. It also replaced the requirement for annual labour with a levy on land occupiers to cover the costs of maintenance.

    Regulations re driving on the left and not on the pavement were also introduced in this Act.


    A second aspect of byways is that of
    rights of way. Rossendale is stuffed full of rights of way, largely secondary to the system of summer and winter pastures and the use of common land which may have been at some distance from the primary holding. Much of this common land was at Henheads, roughly the top of Cribden Hill. Other areas of the countryside were less well covered with rights of way and landlords often restricted access. These resulted in acts of mass trespass including that at Kinder Scout in 1932. More locally, an earlier act of mass trespass took place at Darwen Tower in 1896 after the new landowner attempted to block rights of way. Rights of way blockage is still an ongoing problem.

    National Parks and Access to the Countryside Act 1949 arguably emerged from the Kinder Scout trespass. In addition to formalising legislation on rights of way it laid down the outline for National Parks and areas of Outstanding Natural Beauty.

    One consequence of this Act is the incorrect recording of many bridleways, byways open to all traffic and roads used as public paths merely as 'footpaths'. Cyclists and horse riders have been instrumental in attempting to have many of these reclassified.


    Highway Act 1980
    http://www.legislation.gov.uk/ukpga/1980/66/contents
    Covers the creation, maintenance, improvement and stopping up of highways, including footpaths and bridleways.

    The Countryside and Rights of Way Act 2000
    http://www.legislation.gov.uk/ukpga/2000/37/pdfs/ukpga_20000037_en.pdf

    This Act implements the so-called "right to roam" on certain upland and uncultivated areas of England and Wales. Swinshaw moor above Springhill is open access land created under CROW. This act also permitted (legitimate!) access to the summit of Cribden.


    Land and Conveyancing Law Reform Act 2009
    Civil Law (Miscellaneous Provisions) Act 2011

    The Land and Conveyancing Law Reform Act 2009 sought to bring clarity to the rights of way by giving individuals and groups a deadline of 30 Mov 2012 to register rights of way or risk their being close. The latter act extended this deadline until 30Nov 2021. This pair of acts has provided further impetus for old ways to be correctly identified and registered.




    A is for abbatoir

    After much thought I have decided to go for the April A-Z blogging challenge again. This year I am looking at different aspects of legislation which have affected either Springhill and environs or the process of conducting a one-place study.

    So, A is for abattoir.

    In the late C19 there were two slaughterhouses in the Springhill area. One was part way down Dobbin Lane and appears to have closed in the first half of the 20th century. The second was along Newchurch Road just before Johnny Barn Farmhouse and was open until the 1980s.

    Prior to 1974 this was subject to national law. Slaughterhouses had to renew their licence annually. Licensing was done by the Council and recorded in the minutes. Rawtenstall Borough Council minutes have regular annual entries renewing the license on the slaughterhouse at Johnny Barn.

    In 1965, the British Government commissioned an investigation into the welfare of farmed animals and thereafter proposed that all animals should have freedom to stand up, lie down, turn around, groom themselves and stretch their limbs. These became known as the "Five Freedoms" 2 (Farm Animal Welfare Council, 2009). In 1993, the United Kingdom Farm Animal Welfare Council (FAWC) decided that the original definitions concentrated too much on space requirements and on the comfort-seeking aspects of behaviour, to the exclusion of other relevant elements of animal welfare such as good food, good health and safety. (UN, http://www.fao.org/docrep/013/i1907e/i1907e01.pdf)

    The protection of animals at the time of slaughter or killing has been covered by European Community law since 1974. The first animal welfare legislation by the then-European Economic Community (EEC) dates to 1974 when Council Directive 74/577/EEC on the stunning of animals before slaughter included in its preamble the following language: "Whereas the Community should also take action to avoid in general all forms of cruelty to animals; whereas it appears desirable, as a first step, that this action should consist in laying down conditions such as to avoid all unnecessary suffering on the part of animals when being slaughtered".

    Main areas of EEC law are summarised in:

    http://ec.europa.eu/food/animal/welfare/references_en.htm#ref93-119
    Protection of animals at the time of slaughter and killing

    - 88/306/EEC: Council Decision of 16 May 1988 on the conclusion of the European Convention for the Protection of Animals for Slaughter Official Journal L 137 , 02/06/1988 p. 0025 - 0026

    - European Convention for the protection of animals for slaughter Official Journal L 137 , 02/06/1988 p. 0027 - 0038 pdf (64 KB) http://ec.europa.eu/food/animal/welfare/references/slaughter/jour137_en.pdf actually dated 21st May 1979, updated 1988.


    - Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing Official Journal L 340 , 31/12/1993 p. 0021 - 0034. These were implemented in Great Britain by the Welfare of Animals (Slaughter or Killing) (WASK) Regulations 1995

    - Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing. These were implemented as The Welfare of Animals at the Time of Killing (England) (WATOK) 2013.


    It is the 1988 documents which are of interest for Springhill as they led to the closure of the slaughterhouse. Its design did not meet specifications and it would cost too much to correct. They covered things like segregation, access to food and water, ability to lie down, cleaning... makes you wonder what it was like before.

    For the really keen, the regulations are summarised here:
    https://www.gov.uk/farm-animal-welfare-at-slaughter

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