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<title>Acts of 30th & 43th Geo. III. relating to a district in the Parish of Saint Luke, Chelsea, called Hans Town, by Anonymous</title>
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<div>*** START OF THE PROJECT GUTENBERG EBOOK 62016 ***</div>
<p>Transcribed from the 1807 George Eyre and Andrew Stranan
edition by David Price, email ccx074@pglaf.org Many thanks
to Kensington and Chelsea local studies for finding this in their
archive and allowing it to be transcribed.</p>
<p style="text-align: center">
<a href="images/cover.jpg">
<img alt=
"Cover"
title=
"Cover"
src="images/cover.jpg" />
</a></p>
<h1>ACTS<br />
<span class="GutSmall">OF</span><br />
30° & 43° GEO. III.</h1>
<p style="text-align: center"><span class="GutSmall">RELATING TO
A</span></p>
<p style="text-align: center">DISTRICT in the PARISH of SAINT
LUKE,<br />
CHELSEA,</p>
<p style="text-align: center"><span
class="GutSmall">CALLED</span></p>
<p style="text-align: center"><i>HANS TOWN</i>.</p>
<p style="text-align: center">
<a href="images/tpb.jpg">
<img alt=
"Decorative graphic of royal coat of arms"
title=
"Decorative graphic of royal coat of arms"
src="images/tps.jpg" />
</a></p>
<p style="text-align: center"><i>LONDON</i>:<br />
Printed by <span class="smcap">George Eyre</span> and <span
class="smcap">Andrew Stranan</span>,<br />
Printers to the King’s most Excellent Majesty.</p>
<p style="text-align: center">1807.</p>
<h2><a name="page3"></a><span class="pagenum">p. 3</span><span
class="GutSmall">ANNO TRICESIMO</span><br />
GEORGII III. Regis.</h2>
<p style="text-align: center">CAP. LXXVI.</p>
<p class="gutsumm"><i>An Act for forming and keeping in Repair
the Streets</i>, <i>and other publick Passages and Places</i>,
<i>within a certain District in the Parish of</i> Saint Luke
Chelsea, <i>in the County of</i> Middlesex, <i>called</i> Hans
Town, <i>and for otherwise improving the same</i>.</p>
<h4>Preamble.</h4>
<p><span class="smcap">Whereas</span> <i>Henry Holland</i> of the
Parish of <i>Saint Luke</i> in <i>Chelsea</i>, in the County of
<i>Middlesex</i>, Esquire, is intitled to a certain large Piece
of Ground in the said Parish, which he holds for a long Term of
Years, under the Right Honourable <i>Charles Sloane</i>, Lord
<i>Cadogan</i>, the Right Honourable <i>Welbore Ellis</i>, and
<i>Christopher D’Oyley</i> Esquire; which said Ground lies
on the South Side of the Town or Village of <i>Knightsbridge</i>,
and it fronting or pointing towards the <a name="page4"></a><span
class="pagenum">p. 4</span>North, partly on the High Road leading
through <i>Knightsbridge</i> aforesaid, partly on or near to the
Yard and Stables belonging to the <i>Swan</i> Inn in
<i>Knightsbridge</i>, and Land of <i>William Brown</i> Esquire;
and towards the South, on a certain Street called <i>White Lion
Street</i>, and Messuages and Lands belonging to <i>James
Lawrance</i>, <i>Joseph Newsham</i>, and others; and bounded in
Part on the East by a Rivulet or Water Creek, encompassing great
Part of the said Ground on the East Side thereof, and in other
Part by the Lands belonging to <i>Charles Lowndes</i> Esquire,
and others; and towards the West on lands belonging to <i>William
Bushnell</i>, and others, and contains by Estimation Eighty-nine
Acres, or thereabouts; and the said <i>Henry Holland</i> hath
caused a commodious Carnage Way or Street, called <i>Sloane
Street</i>, to be made from <i>Knightsbridge</i> aforesaid, over
or across the said Ground, and several other Streets, publick
Passages, and Places, have been and may hereafter be set out and
made upon the said Piece of Ground: And whereas it would
contribute to the Benefit and Safety of all Persons who now do or
may hereafter inhabit the said several Streets and other publick
Passages and Places, and to all Persons having Occasion to pass
along the same, if Provision was made for forming and paving, or
otherwise repairing and keeping in Repair, the same, and also for
cleansing, lighting, <a name="page5"></a><span class="pagenum">p.
5</span>watching, and watering the said Streets and other publick
Passages and Places, and keeping the same free from all
Nuisances, Annoyances, and Incroachments; but the several
Purposes aforesaid cannot be effected without the Aid and
Authority of Parliament: May it therefore please Your Majesty
that it may be enacted; and be it enacted by the King’s
most Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the Authority of the same, That
every Person who now is, and from Time to Time hereafter shall
become, either in his own Right or in the Right of his Wife, in
the actual Possession and Enjoyment of Receipt of the Rents and
Profits of Lands, Tenements, or Hereditaments, situate within the
Limits of this Act, of the clear yearly Value of Thirty Pounds,
and also every Person who now is, and from Time to Time hereafter
shall be, a Lessee of a House, Tenement, or Land within the
Limits aforesaid, rated or liable to be rated, by virtue or for
the Purposes of this Act, at Thirty Pounds <i>per Annum</i> at
the least, and also every Person who now is, and from Time to
time hereafter shall be resident within the Limits of this Act,
and Occupier of a House, Tenement, or Land, rated or liable to be
rated as aforesaid, and possessed of a Personal Estate of <a
name="page6"></a><span class="pagenum">p. 6</span>the Amount or
Value of Two thousand Pounds, shall be and are hereby appointed
Commissioners for putting this Act in Execution.</p>
<h4>Qualification of Commissioners.</h4>
<p>II. Provided always, That no Person shall be capable of
acting as a Commissioner in the Execution of this Act, except in
administering the Oath herein-after mentioned (which Oath any One
of the said Commissioners is hereby empowered to administer),
unless at the Time of his acting he shall be qualified in Manner
herein-before mentioned, and until such Person shall have taken
and subscribed an Oath to the Effect following; (that is to
say),</p>
<blockquote><p style="text-align: center">The Oath.</p>
<p>‘I <i>A. B.</i> do swear, That I truly am in my own
Right, or in the Right of my Wife, in the actual Possession and
Enjoyment, or Receipt of the Rents and Profits, of Lands,
Tenements or Hereditaments, of the clear yearly Value of Thirty
Pounds [<i>or</i> that I am Lessee (<i>or</i> Occupier) of a
House, Tenement, or Land, rated or liable to be rated at Thirty
Pounds <i>per Annum</i> at the least, by virtue or for the
Purposes and] within the Limits of an Act of Parliament, made in
the Thirtieth Year of the Reign of King <i>George</i> the Third,
intituled, [<i>Set forth the Title of the Act</i>]; and [<i>in
the Case of such Occupier as aforesaid</i>] that I am resident <a
name="page7"></a><span class="pagenum">p. 7</span>within the
Limits aforesaid, and am possessed of a Personal Estate of the
Amount or Value of Two thousand Pounds.</p>
<p style="text-align: right">‘So help me GOD.’</p>
</blockquote>
<p>And if my Person, not being qualified as aforesaid, shall act
as a Commissioner in the Execution of this Act, he shall for
every such Offence forfeit and pay the Sum of Twenty Pounds to
any Person who shall sue for the same in any of His
Majesty’s Courts of Record, by Action of Debt or on the
Case; and the Person so prosecuted shall prove that he is
qualified as aforesaid, or otherwise shall pay the said Penalty,
without any other Proof or Evidence being given on the Part of
the Plaintiff, than that such Person hath acted as a Commissioner
in the Execution of this Act.</p>
<h4>Meetings of the Commissioners.</h4>
<p>III. And be it further enacted, That the said
Commissioners shall meet at the House known by the Sign of the
<i>Cadogan Arms</i>, in <i>Sloane Street</i> aforesaid, on the
Twenty-fourth Day of <i>June</i> One thousand seven hundred and
ninety, between Twelve and Two of the Clock, in order to put this
Act in Execution, and shall and may then, and from Time to Time
afterwards adjourn themselves to, and meet at the Place
aforesaid, or any other convenient Place within the Limits of
this Act; and if it shall at any Time happen that there shall not
appear <a name="page8"></a><span class="pagenum">p. 8</span>at
any such Meeting a sufficient Number of the said Commissioners to
act, any One of the said Commissioners, who shall then be
present, may adjourn the Meeting to another Day; and in case of
any Neglect or Omission to adjourn, any Three of the said
Commissioners, or their Clerk, shall and may call a Meeting at
the Place where the last Meeting of the Commissioners was
appointed to be held, by Notice thereof to be given to the said
Commissioners by Advertisement in some Newspapers published in
<i>London</i> or <i>Westminster</i>, at least Three Days before
such Meeting; and that at all Meetings to be held in pursuance of
this Act, the said Commissioners shall defray their own Expences,
and no Act of the said Commissioners shall be valid, unless made
or done at some Meeting to be held by virtue of this Act (except
the calling of Meetings as aforesaid); and that all the Powers
and Authorities by this Act granted to or vested in the said
Commissioners shall and may, from Time to Time, be exercised by
the major Part of them present at their respective Meetings to be
holden as aforesaid, such major Part not being less than Ten for
the Purpose of borrowing Money or granting Annuities by virtue of
this Act, and not being less than Five in any other Case; and in
all Cases where the Number of Votes upon any Question shall be
equal (including the Chairman’s <a name="page9"></a><span
class="pagenum">p. 9</span>Vote), the Chairman shall have the
casting Vote.</p>
<h4>Restriction as to revoking Orders.</h4>
<p>IV. And be it further enacted, That no Order made by the
said Commissioners at any of their Meetings shall be revoked or
altered, unless at some Meeting to be held for that Purpose (of
which Meeting Seven Days Notice shall be given as aforesaid,
expressing the Occasion of such Meeting), and also unless a
greater Number of Commissioners shall attend at such Meeting to
revoke or alter the same than were present when such Order was
made; any Thing in this Act contained to the contrary hereof
notwithstanding.</p>
<h4>Proceedings of the Commissioners to be entered.</h4>
<p>V. And be it further enacted, That regular Entries shall
be made, in a Book to be provided for that Purpose, of all the
Acts, Orders, and Proceedings of the said Commissioners, and of
the Names of the Commissioners who shall be present at the
respective Meetings; and One or more of the said Commissioners
who shall be present shall subscribe his or their Name or Names
at the End of the Proceedings of the respective Meetings; and all
such Entries, being so signed, shall be deemed Originals, and
shall be allowed to be read in Evidence in all Causes, Suits, and
Actions, touching any Thing done in pursuance of this Act; and
that such Books shall, at all seasonable <a
name="page10"></a><span class="pagenum">p. 10</span>Times, be
open to the Inspection of all Persons rated or assessed for the
Purposes of this Act.</p>
<h4>Officers to be appointed.</h4>
<p>VI. And be it further enacted, That the said
Commissioners shall from Time to Time, by Writing under their
Hands, appoint a Treasurer, Clerk, and Surveyor, and also a
Collector of the Rates or Assessments to be made as herein-after
mentioned, and such other Officers and Persons as they shall
think necessary, and may remove any such Officers or other
Persons as they shall think proper, and appoint others in their
Stead, and shall pay such Salaries, and make such Allowances, to
all such Officers or Persons, as the said Commissioners shall
think reasonable; and the said Commissioners are hereby required
to take such Security from every such Treasurer and Collector of
the Rates as they shall think proper; and every such Treasurer
and Collector shall, under their respective Hands (at such Time
or Times and in such Manner as the said Commissioners shall
direct), deliver to the said Commissioners, or to such Person as
they shall appoint, a true and perfect Account in Writing of all
Money which shall have been by him received by virtue and for the
Purposes of this Act, and how much thereof hath been paid and
disbursed, and for what Purposes, together with the proper
Vouchers for such <a name="page11"></a><span class="pagenum">p.
11</span>Payments, and shall pay all such Money as shall remain
in his Hands to such Person as the said Commissioners shall
direct; and every such Treasurer and Collector so accounting
shall, upon Oath (if thereunto required by the said
Commissioners, which Oath any One of the said Commissioners is
hereby empowered to administer), verify such Account; and if any
such Treasurer or Collector shall not make and render, or shall
neglect or refuse to verify upon Oath, any such Account, or to
produce or deliver up the Vouchers relating to the same, or to
make Payment as aforesaid, or in case the Clerk to the said
Commissioners, or any such Treasurer or Collector, shall not
deliver to the said Commissioners, or to such Person as they
shall appoint, within Fourteen Days next after being thereunto
required by Notice in Writing signed by the said Commissioners,
and given to or left at the last or usual Place of Abode of such
Treasurer, Clerk, or Collector, all Books, Papers, and Writings
in his Custody or Power, relating to the Execution of this Act,
or give Satisfaction to the said Commissioners respecting the
same, and Complaint shall be made thereof, on the Behalf of the
said Commissioners, to any Justice of the Peace for the County of
<i>Middlesex</i>, such Justice is hereby authorized and required,
by Warrant under his Hand and Seal, to cause such Treasurer,
Clerk, or <a name="page12"></a><span class="pagenum">p.
12</span>Collector to be brought before him, and upon his
appearing, or not being to be found, to hear and determine the
Matter of such Complaint in a summary Way; and if, upon the
Confession of the Party, or by the Testimony of any credible
Witness upon Oath (which Oath such Justice is hereby empowered to
administer), it shall appear to such Justice that any of the
Monies, which shall have been collected and raised by virtue of
this Act, shall be in the Hands of any such Treasurer or
Collector, such Justice is hereby authorized and required, upon
Nonpayment thereof, by Warrant under his Hand and Seal, to cause
such Money to be levied by Distress and Sale of the Goods and
Chattels of such Person; and if no such Goods or Chattels can be
found sufficient to answer and satisfy the said Money, and the
Charges of distraining and selling the same, or if it shall in
Manner aforesaid appear to such Justice that any such Treasurer
or Collector hath refused or neglected to render and give such
Account, or to verify the same as aforesaid, or to produce the
Vouchers relating thereto, or that any Books, Papers, or Writings
relating to the Execution of this Act shall be in the Custody or
Power of any such Treasurer, Clerk, or Collector, and he shall
have refused or neglected to deliver or give Satisfaction
respecting the same as aforesaid, <a name="page13"></a><span
class="pagenum">p. 13</span>then such Justice shall commit him to
the Common Gaol or House of Correction, there to remain, without
Bail or Mainprize, until such Person, being Treasurer or
Collector, shall make and give a true and perfect Account, and
have paid such Money as aforesaid, or shall have compounded for
such Money with the said Commissioners, and have paid such
Composition in such Manner as they shall appoint (which
Composition the said Commissioners are hereby empowered to make
and receive), or until such Person, being Treasurer, Clerk, or
Collector, shall deliver up all such Books, Papers, and Writings
as aforesaid; but no Person, who shall be committed on account of
his not having sufficient Goods or Chattels as aforesaid, shall
be detained in Prison for any longer Term than Six Calendar
Months.</p>
<h4>Property of Pavements, &c. vested in Commissioners.</h4>
<p>VII. And be it further enacted, That the Property of and
in all the Pavements of the Carriage Ways and Foot Ways, and also
all the Ballast or Gravel within the several Streets, and other
publick Passages and Places, already or hereafter to be set out
or made upon the Ground held by the said <i>Henry Holland</i> as
aforesaid (and which Ground shall be deemed and considered to be
the Limits of this Act, and shall be called <i>Hans Town</i>),
and of and in all Lamps, Lamp Irons, Posts, <a
name="page14"></a><span class="pagenum">p. 14</span>Watchboxes,
Pumps, and Wells, which now are and which shall be sunk, erected,
or affixed, and all Materials, Implements, and other Things,
which shall be purchased or gotten by virtue or for any of the
Purposes of this Act, are hereby vested in the said
Commissioners, and they are hereby empowered to cause an Action
to be brought, in the Name of their Clerk, or to cause to be
preferred any Indictment against any Person who shall steal,
take, or carry away, injure, or destroy, any Part or Parts
thereof.</p>
<h4>Commissioners to cause the Streets to be repaired,
&c.</h4>
<p>VIII. And be it further enacted, That it shall be lawful
for the said Commissioners, and they are hereby authorized and
empowered, from Time to Time, to cause the several Streets, and
other publick Passages and Places, already or hereafter to be set
out or made, within the Limits of this Act, or such of them as
they shall judge expedient, both in the Carriage and Foot Ways,
to be repaired and altered, and such Foot Ways, and (if they
think fit) the Whole or any Part of any such Carriage Ways, to be
paved in such Manner, and with such Sorts and Kinds of Materials,
as they shall judge necessary or proper; and also to cause the
said Streets, and other publick Passages and Places, to be
cleansed, lighted, watched, and watered, and the Sides thereof,
and also the Middle <a name="page15"></a><span class="pagenum">p.
15</span>of any Squares which are or shall be made or set out, to
be fenced or inclosed with Iron or other Rails, in such Parts and
Places, and in such Manner, as the said Commissioners shall think
proper, and all Incroachments, Obstructions, Nuisances, and
Annoyances therein to be removed, and Drains, Sinks, Gutters, or
Watercourses to be made, for conveying the Water off and from the
said Streets, and other publick Passages and Places, in such
Manner as they shall think proper; and that no Person shall,
without the Consent of the said Commissioners, alter the Form, or
break up the Ground or Pavement of the Carriage Ways or Foot Ways
within any of the said Streets, or other publick Passages or
Places, or do the same otherwise than shall be directed by said
Commissioners, upon the Pain of forfeiting the Sum of Twenty
Shillings for every Offence.</p>
<h4>Inhabitants to form, &c. the Streets, in the first
Instance.</h4>
<p>IX. Provided always, and be it further enacted, That the
Carriage Ways within all such new Streets, and other publick
Passages and Places, which are in Part set out and made, or which
shall hereafter be set out or made, within the Limits of this
Act, shall be levelled, formed, and covered with Gravel, not less
than Six Inches Thick, and the Foot Ways paved in the whole Front
of the respective Houses, Buildings, and Tenements, by and at the
Expence of <a name="page16"></a><span class="pagenum">p.
16</span>the respective Persons who for the Time being shall be
entitled to such Houses, Buildings and Tenements, otherwise than
as Tenants at Rack Rent, in such Manner as the said Commissioners
shall, by Writing under their Hands, order and direct; or the
Persons entitled as aforesaid to such Houses, Buildings, or
Tenements, shall and may compound with the said Commissioners for
the doing such Works, at or for such Sum of Money, to be paid in
Advance to the Treasurer to the said Commissioners, as the said
Commissioners, and the Persons entitled as aforesaid, shall agree
upon, and in such Case the Work, in respect whereof such
Composition shall be so agreed upon, shall be done and performed
by the said Commissioners; and after such Work shall be
completed, every such Street, or other publick Passage or Place,
shall be repaired or altered, and may be paved by the said
Commissioners in like Manner as herein-before directed with
respect to any Street, or other publick Passage or Place, already
set out or made within the Limits aforesaid; but if the Persons
entitled as aforesaid to any such Houses, Buildings, or
Tenements, shall not, within Three Months after being thereunto
required by Writing under the Hands of the said Commissioners, do
or perform their respective Proportions of such Work, or compound
with the said Commissioners in respect thereof, and pay the <a
name="page17"></a><span class="pagenum">p. 17</span>Composition
Money in Advance as aforesaid, then such Work shall be done by
the said Commissioners, and the Expence thereof shall be borne
and defrayed, and shall be paid to the Treasurer to the said
Commissioners by the respective Persons not doing or performing
such Work, or compounding for the same as aforesaid; and in case
of Nonpayment thereof upon Demand, or if the Person or Persons
liable to the Payment of such Expences cannot be met with, or
shall be under any Disability of acting for himself or herself,
then it shall be lawful for the said Commissioners by virtue of a
Warrant for that Purpose under the Hands of any Two Justices of
the Peace for the County of <i>Middlesex</i>, to enter upon and
take Possession of any House or other Building in Front of which
such Work shall be done and performed, and to let or set the
same, and receive the Rents and Profits thereof, until thereby or
therewith such Expences, and all Charges attending the Recovery
thereof, shall be fully paid and satisfied.</p>
<h4>Lamps to be set up.</h4>
<p>X. And be it further enacted, That it shall be lawful
for the said Commissioners, and they are hereby empowered, from
Time to Time, to cause such Lamp Irons or Lamp Posts to be put or
affixed upon or against the Walls or Pallisades of any of the
Houses, Tenements, or Buildings, <a name="page18"></a><span
class="pagenum">p. 18</span>or in such other Manner, within the
said Streets and other publick Passages and Places, as they shall
think proper; and also to cause such Number of Lamps, of such
Sizes and Sorts, to be provided and affixed, or put upon such
Lamp Irons and Lamp Posts, as they shall think necessary for
lighting all or any of the said Streets, and other publick
Passages and Places, and the said Lamps, and also the several
Houses within the said respective Streets, and other publick
Passages and Places, to be numbered; and if any Person shall
wilfully break, throw down, take away, spoil, or damage any such
Lamps, or any of the Irons, Posts, or other Furniture thereof, or
wilfully extinguish the Light of any such Lamp, or deface or
obliterate any such Number, every Person so offending shall, for
every such Offence, forfeit and pay any Sum not exceeding Twenty
Shillings, whereof One Moiety shall go to the Informer, and such
Offender shall also pay to the said Commissioners, or to such
Person as they shall appoint to receive the same, such Sum of
Money as shall be a full Satisfaction for the Damage so done; and
in case any Person shall carelessly, negligently, or accidentally
break, throw down, or otherwise spoil or damage any of the said
Lamps, or the Irons, Posts, or other Furniture thereof, and shall
not, upon Demand, make Satisfaction for the <a
name="page19"></a><span class="pagenum">p. 19</span>Damage done
thereto, it shall be lawful for any Justice of the Peace for the
County of <i>Middlesex</i>, upon Proof thereof made by the Oath
of any credible Witness, or on the Confession of the Party, to
award such Sum of Money, by way of Satisfaction for such Damage,
as such Justice shall think reasonable, and in Default of Payment
thereof, upon Demand, to cause the same to be levied by Distress
and Sale of the Goods and Chattels of the Person who shall have
done such Damage, rendering the Overplus (if any) after deducting
the Charges of prosecuting such Complaint, and of such Distress
and Sale, to the Owner of such Goods and Chattels, upon
Demand.</p>
<h4>Commissioners may contract for performing the Works.</h4>
<p>XI. And be it further enacted, That the said
Commissioners may from Time to Time, if they think proper,
contract and agree with any Person or Persons for the doing and
performing all or any of the Works by this Act authorized or
directed to be done and performed; and in case any of the Works
to be done and performed by any such Contractor shall not be well
and sufficiently done and performed according to such Contract,
the said Commissioners may cause an Action to be brought, in any
of His Majesty’s Courts of Law at <i>Westminster</i>, in
the Name of their Clerk, against any such Contractor <a
name="page20"></a><span class="pagenum">p. 20</span>for any
Penalty contained in his Contract; and on Proof of the signing of
the said Contract, and Nonperformance thereof, the said
Commissioners shall be entitled to, and shall recover the Penalty
contained in such Contract: Provided always, that it shall be
lawful for the said Commissioners (if they think fit) to compound
and agree with any Contractor for any Penalty incurred by him,
for the Breach or Nonperformance of any such Contract, for such
Sum of Money as the said Commissioners shall think proper, not
being less than the Injury or Damage sustained by the Breach or
Nonperformance of such Contract, and of all Costs, Charges, and
Expences which shall be occasioned thereby.</p>
<h4>Incroachments to be removed.</h4>
<p>XII. And be it further enacted, That the respective
Occupiers of Houses and other Buildings within the several
Streets, and other publick Passages and Places aforesaid, shall,
at their own Costs and Charges, within such Time and in such
Manner as the said Commissioners shall from Time to Time (by
Notice in Writing under their Hands, to be delivered to such
respective Occupiers, or left at their respective Dwelling
Houses) order and direct, cause all Signs belonging to, and which
shall not be fixed or placed flat upon such respective Houses or
other Buildings, to be <a name="page21"></a><span
class="pagenum">p. 21</span>taken down, and fixed or placed flat
on the Fronts thereof; and all Sign Irons, Sign Posts, and other
Posts, Penthouses, Spouts, Steps, Shop Windows and Cellar
Windows, and other Incroachments, Obstructions, Projections, and
Annoyances, which now or hereafter shall belong to such
respective Houses or other Buildings, and which are or shall be
incommodious to Foot Passengers, to be removed, altered, or
reformed, and also to cause the Water to be conveyed from the
Roofs, Cornices, and Penthouses of or belonging to such
respective Houses or other Buildings, by proper and sufficient
Pipes or Trunks, to be affixed to the Sides of such Houses and
other Buildings respectively, and from thence by proper Drains
into the common Drains or Sewers; and in case any such Occupier
shall neglect or refuse so to do, it shall be lawful for the
Commissioners to cause the same to be done, and to cause all the
Costs and Charges attending the same to be levied by Distress and
Sale of the Goods and Chattels of such Occupier, by Warrant under
the Hand and Seal of any Justice of the Peace for the County of
<i>Middlesex</i> (which Warrant such Justice is hereby required
and authorized to grant), rendering the Overplus (if any) when
demanded to the Person whose Goods and Chattels shall be so
distrained and sold; and it the Tenant in Possession of any <a
name="page22"></a><span class="pagenum">p. 22</span>such House or
other Building shall remove, alter, or reform any such
Incroachments, Obstructions, Projections, or Annoyances as
aforesaid, according to the Directions of the said Commissioners
(except such as shall be put up or occasioned by such Tenant), it
shall be lawful for every such Tenant to deduct and retain the
Charges and Expences thereof out of his or her Rent, and the
Landlord of every such House or other Building is hereby required
to allow the same accordingly: Provided always, that nothing
herein contained shall extend to authorize the said Commissioners
to stop up any Cellar Window, where there shall be no other Way
from the Street or other publick Passage or Place into such
Cellar, unless the said Commissioners shall make or provide some
other commodious and sufficient Way into such Cellar.</p>
<h4>Penalty on occasioning Nuisances.</h4>
<p>XIII. And be it further enacted, That if any Person
shall run or drive any Wheel, Sledge, Wheelbarrow, or any
Carriage whatsoever, upon any of the said Foot Pavements; or
shall wilfully ride, drive, or lead any Horse, or other Beast or
Cattle, along or upon any of the said Foot Pavements; or shall
within any Street, or other publick Passage or Place within the
Limits of this Act, slaughter, dress, or cut up any Swine, or
other Beast, or hoop, cleanse, or scald any <a
name="page23"></a><span class="pagenum">p. 23</span>Cask, or hew
or saw any Stone, Wood, or Timber, or sift, skreen, or slack any
Lime, or bind or make the Wheel of any Carriage, or shoe, bleed,
dress, or farry, or turn or drive loose any Horse, or set, place,
or expose to Sale any Goods, Wares, or Merchandize, either on the
Foot Ways or Carriage Ways of any of the said Streets, or other
publick Passages or Places, so as to obstruct or incommode the
Passage of any such Foot Way or Carriage Way, every Person
offending, in any of the Cases aforesaid, shall for every such
Offence forfeit and pay the Sum of Five Shillings.</p>
<h4>Penalty on leaving Carriages, &c. in the Streets.</h4>
<p>XIV. And be it further enacted, That if any Waggon,
Cart, or other Carriage, shall be left to stand or remain in any
of the Streets, or other publick Passages or Places, within the
Limits of this Act, with or without Horses or other Cattle, for
any longer Time than shall be necessary for the loading or
unloading thereof; or if any Stage Coach, Post Chaise, or other
Carriage let to hire, shall be left to stand or remain in any
such Street, Passage, or Place, with or without Horses, for any
longer Time than shall be reasonable and necessary for taking up
or setting down the Passengers, or for loading or unloading their
Baggage (except in such Places as the said Commissioners shall
appoint for the Handing of Coaches, Chaises, or other Carriages,
which the said Commissioners are hereby authorized <a
name="page24"></a><span class="pagenum">p. 24</span>to do if they
think proper); or if any Horse or other Cattle shall be suffered
to stand at the Door or House of any Person so as to obstruct or
incommode the Passage of any of the said Footways; or if any
Timber, Bricks, Stones, Dung, Wood, Goods or other Things shall
be said or placed and left to remain in any of the said Streets,
or other publick Passages or Places, for any longer Time than
shall be necessary for removing or housing the same; or if any
Ashes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance, shall
be thrown, cast, or laid in any of the said Streets, or other
publick Passages or Places, and suffered to remain for any longer
Time than shall be necessary for removing the same; then and in
every such Case the Owner or Driver of every such Carriage, and
the Owner of such Timber or other Things aforesaid, and the
Person who shall throw, cast, or lay any Dung, Ashes, Rubbish,
Dust, Dirt, or other Nuisance or Annoyance at aforesaid, shall,
for every such Offence, forfeit and pay the Sum of Five
Shillings; and if any such Timber or other Things, or such Dung,
Ashes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance, shall
be suffered to remain in any of the said Streets or other publick
Passages or Places, longer than shall be necessary as aforesaid,
the Surveyor to the said Commissioners is hereby authorized and
empowered to cause the same to <a name="page25"></a><span
class="pagenum">p. 25</span>be removed to such Place as he shall
think proper, and the Expence thereof shall be paid by the Person
liable to the Payment of the said Penalty, and shall and may, in
case of Nonpayment on Demand, be recovered in like Manner as any
Penalty is herein-after authorized or directed to be
recovered.</p>
<h4>Hoards, &c. may be erected.</h4>
<p>XV. Provided always, and be it further enacted, That
nothing herein-before contained shall hinder or prevent any
Person from erecting or building any Hoard, or other Thing by way
of Inclosure, for the Purpose of making Mortar, or depositing
Bricks, or Stone, or working any Lime, Sand, or other Materials
used in Building, or to subject him to any Penalty on account
thereof, provided such Person shall have a Licence for that
Purpose, under the Hand of the Surveyor to the said Commissioners
(which Licence such Surveyor is hereby required forthwith to
grant to any Person applying for the same, and for which he shall
receive the Sum of One Shilling, and no more): Provided
nevertheless, that if any Person shall erect any such Hoard or
Inclosure of greater Dimensions, or shall suffer any Hoard or
Inclosure to remain for any longer Time than shall be allowed in
and by such Licence, every Person so offending shall for every
such Offence forfeit and pay any Sum not exceeding Five Shillings
for every Day such Hoard or Inclosure, <a name="page26"></a><span
class="pagenum">p. 26</span>or any Part thereof, shall be
continued after Notice given by the Surveyor to take down and
remove the same.</p>
<h4>Watchman to be appointed.</h4>
<p>XVI. And be it further enacted, That the said
Commissioners may, and are hereby authorized and empowered, from
Time to Time, to appoint such Number of Watchmen, to be employed
within the Limits of this Act, for so long Time in the Night,
under such Regulations, and for such Wages, as they shall think
proper, and to provide proper Boxes or Places for their
Reception, and also proper Arms and Weapons for the Discharge of
their Duty; and if any Watchman appointed as aforesaid shall
refuse or neglect to perform his Duty, or shall in anywise
misbehave himself in the Execution of his Office, he shall
forfeit and pay, for every such Offence, any Sum not exceeding
Ten Shillings.</p>
<h4>Duty of Watchmen.</h4>
<p>XVII. And be it further enacted, That the Watchmen to be
appointed and employed as aforesaid shall, during the Time of
their being upon Duty, use their utmost Endeavours to prevent any
Mischief by Fire, and also any Burglaries, Robberies, Affrays,
and other Outrages and Disorders, within the Limits of this Act;
and it shall be lawful for the said Watchmen, or any of them, and
they are hereby respectively authorized and required, during the
Time they are on Duty, to apprehend and secure <a
name="page27"></a><span class="pagenum">p. 27</span>all
Malefactors, Rogues, Vagabonds, and other disorderly Persons,
within the Limits of this Act, who shall disturb the publick
Peace, or whom they shall have Cause to suspect of any evil
Design, 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 some Justice of the Peace for the County of
<i>Middlesex</i>, to be examined and dealt with according to Law;
and if any Person or Persons shall assault or resist, or shall
promote or encourage the assaulting or resisting, any of the said
Watchmen in the Execution of their Duty, every such Person shall,
for every such Offence, forfeit and pay any Sum not exceeding
Five Pounds; and if any Victualler or Keeper of any Publick House
shall knowingly harbour or entertain any Watchman employed within
the Limits of this Act, or permit or suffer any such Watchman to
be and remain in his House during any Part of the Time appointed
for his being on Duty, every Victualler or Keeper of such Publick
House shall, for every such Offence, forfeit and pay any Sum not
exceeding Twenty Shillings.</p>
<h4>Power to water the Streets.</h4>
<p>XVIII. And, in order that the said Streets, and other
publick Passages and Places, may be properly watered, be it
further enacted, That the said Commissioners <a
name="page28"></a><span class="pagenum">p. 28</span>shall have
full Power and Authority to cause such Number of Wells and Pumps
to be dug, sunk, and made, in any of the said Streets, or other
publick Passages or Places, as they shall think proper, and from
Time to Time to alter the same as they shall see Occasion;
provided that no such Well or Pump shall be sunk or made so as to
injure any House or other Building, or any Vault or Cellar under
any of the said Streets, or other publick Passages or Places: And
it shall be lawful for the said Commissioners, if they think
proper, to agree with the Owner of any private Ground, either
within the Limits of this Act or elsewhere, or with any Water
Company, for supplying Water, or for sinking or making any Wells
or Pumps for the Purposes of this Act, at or for such Sum of
Money or annual Rent, as the said Commissioners shall judge
reasonable.</p>
<h4>Annual Sum to be paid to the Surveyors of the Highways for
the Parish, in lieu of the Highway Rate.</h4>
<p>XIX. And whereas, previous to the erecting any Buildings
upon the Ground within the Limits of this Act, the same was rated
and assessed to the Repairs of the Highways, within the said
Parish of <i>Saint Luke Chelsea</i>, at or about the annual Sum
of Four Pounds, be it therefore further enacted, That the said
Commissioners shall, and are hereby authorized and required, out
of the Money arising by virtue of this Act, to pay to the
Surveyors of the Highways <a name="page29"></a><span
class="pagenum">p. 29</span>for the said Parish of <i>Saint Luke
Chelsea</i>, or any of them, the Sum of Four Pounds upon the
Twenty-ninth Day of <i>September</i> in every Year, the First
Payment thereof to be made upon the Twenty-ninth Day of
<i>September</i> One thousand seven hundred and ninety; which
annual Payment shall be in lieu and in full Satisfaction and
Discharge of and for all Statute Duty and Composition, or other
Payment, Charge, or Expence upon, for, or towards the repairing,
or on Account of any Defect in the Repairs of the Highways within
any Part of the said Parish of <i>Saint Luke Chelsea</i>, not
being within the Limits of this Act; and in case such annual Sum
shall at any Time be in Arrear for the Space of Thirty Days after
the same shall become due and be demanded, the same shall and may
be recovered from the Treasurer to the said Commissioners, in
like Manner as any Penalty is herein-after authorized or directed
to be recovered.</p>
<h4>The Streets and Highways within the Limits of the act to be
repaired distinct from the other Parts of the Parish.</h4>
<p>XX. And be it further enacted, That none of the
Inhabitants of any Streets, or other publick Passages or Places
within the Limits of this Act, shall be subject or liable to the
Performance of any Statue Work, or to the Payment of any Rate,
Assessment, or Sum of Money, other than the said annual Sum of
Four Pounds, for or towards repairing, or on account of any <a
name="page30"></a><span class="pagenum">p. 30</span>Defect in the
Repairs of the Highways within any Part of the said Parish of
<i>Saint Luke</i> (not being within the Limits of this Act); and
that it shall not be lawful for any Surveyor of the Highways
within the said Parish to use or exercise any Power,
Jurisdiction, or Authority whatsoever, within the Limits of this
Act; and that none of the Inhabitants of any other Part of the
said Parish of <i>Saint Luke</i> shall be subject to the
Performance of any Statute Duty, or to any Composition in lieu
thereof, or to any other Charge or Expence, for or towards the
repairing or amending, or on at count of any Street or Highway
within the Limits of this Act; any Law, Statute, or Custom to the
contrary hereof notwithstanding.</p>
<h4>Money to be raised by a Rate.</h4>
<p>XXI. And, for raising Money to enable the said
Commissioners to carry the several Purposes of this Act into
Execution, be it further enacted, That the said Commissioners
shall, and are hereby authorized and empowered, Once in every
Year, between <i>Lady Day</i> and <i>Midsummer Day</i>, to rate
and assess such Sums of Money as they shall from Time to Time
judge necessary, upon the respective Occupiers of the several
Houses, and other Buildings, Lands, and Grounds, within the
Limits of this Act, not exceeding Two Shillings and Sixpence in
the Pound of the annual Value of such respective Houses and other
<a name="page31"></a><span class="pagenum">p. 31</span>Buildings,
with the Gardens and Yards hereunto belonging or held therewith,
and not exceeding One Shilling in the Pound of the annual Value
of the other Lands or Grounds within the said Limits; such
respective annual Values to be ascertained by the respective Sums
the same shall be rated to the Relief of the Poor, or in such
other Manner as the said Commissioners shall think proper; and
the Full Year for which such Rates or Assessments shall be made
shall commence upon the Twenty-fourth Day of <i>June</i> One
thousand seven hundred and ninety; and the Money so rated and
assessed shall from Time to Time be paid to the Collectors to be
appointed as aforesaid, at such Time or Times in every Year, and
in such Manner, as the said Commissioners shall order and direct,
and shall be paid over by such Collectors into the Hands of the
Treasurer to the said Commissioners.</p>
<h4>Empty Houses to be charged with Half Rates.</h4>
<p>XXII. Provided always, That where any of the said Houses
or other Buildings, after the same shall have been Once inhabited
or occupied, shall at the Time of making any of the said Rates or
Assessments be empty or unoccupied, then and in every such Case
it shall be lawful for the said Commissioners to rate and assess
such Premises respectively at One Half of such Rates or
Assessments, and no more, during <a name="page32"></a><span
class="pagenum">p. 32</span>the Time only such Premises shall be
empty or unoccupied; and also in case any such Premises, after
the making of any such Rate or Assessment, shall become empty or
unoccupied, One Half only of such Rate or Assessment shall be
charged on such Premises respectively, for and during so long
Time as the same shall continue empty or unoccupied; and than and
in every such Case the said Rate or Assessment, and all Arrears
due thereon, shall be paid by the Person or Persons for the Time
being entitled to such Premises, or by the First or any other
Tenant or Occupier thereof, and every such Tenant or Occupier
shall and may and is hereby authorized to deduct and retain the
same out of his or her Rent, and the Person or Persons for the
Time being entitled to such Premises is and are hereby required
to allow such Deduction; and that where any House, Building,
Tenement, or Hereditament, in respect whereof any Rate or
Assessment shall be made as aforesaid, shall be let to more than
One Tenant, any One or more of such Tenants shall be deemed the
Occupier or Occupiers thereof for the Purposes of this Act.</p>
<h4>Proportion of Rates to be paid by Persons removing.</h4>
<p>XXIII. Provided also, That in all Cases where any Person
shall remove from or quit any House, Building, Tenement, or
Hereditament, which shall be rated or assessed <a
name="page33"></a><span class="pagenum">p. 33</span>by virtue of
this Act, such Person shall be liable to such Rate or Assessment
in Proportion to the Time that he or she occupied the same; and
in all Cases where any Person shall come into or occupy any
House, Building, Tenement, or Hereditament, rated or assessed as
aforesaid, out of or from which any other Person, who shall have
been rated or assessed for the same, shall be removed, or which
at the Time of making any Rate or Assessment was empty or
unoccupied, the Person coming into or occupying the same shall be
liable to pay such Rate or Assessment in respect thereof in
Proportion to the Time that he or she occupied the same; which
said respective Proportions, in case of Dispute, shall be settled
and ascertained by the said Commissioners.</p>
<h4>Recovery of Rates.</h4>
<p>XXIV. And be it further enacted, That in case any Person
who shall be rated or assessed, or subject or liable to the
Payment of any Rate or Assessment by virtue of this Act, shall
refuse or neglect to pay any such Rate or Assessment to any
Collector to be appointed as aforesaid, for the Space of Ten Days
after personal Demand thereof made, or Demand in Writing left at
the usual or last Place of Abode of such Person, it shall be
lawful for any Justice of the Peace for the County of
<i>Middlesex</i>, upon Proof made upon Oath of such Demand <a
name="page34"></a><span class="pagenum">p. 34</span>and
Nonpayment, by Warrant under his Hand and Seal, to authorize and
direct the said Collector to levy such Rate or Money so in
Arrear, together with the Costs and Charges attending the same,
to be ascertained by such Justice, by Distress and Sale of the
Goods and Chattels of the Person so refusing or neglecting to pay
as aforesaid, rendering the Overplus (if any) to the Owner of
such Goods and Chattels, on Demand.</p>
<h4>Landlords to bear so much of the Rate as shall exceed
2<i>s.</i></h4>
<p>XXV. Provided always, and be it further enacted, That
whenever the said Rates or Assessments shall in any Year exceed
Two Shillings in the Pound of the annual Value of the said Houses
and other Buildings, and the Gardens and Yards thereunto
belonging, or held therewith as aforesaid, so much of the said
Rates or Assessments as shall exceed Two Shillings in the Pound
of the annual Value of such of the said Houses and other
Buildings, Gardens, and Yards, as shall be occupied by Tenants at
Rack Rent, or at the full improved annual Value, shall be borne
by their respective Landlords, and such respective Tenants shall
and may, and are hereby authorized to deduct and retain the same
out of their respective Rents, and their Landlords are hereby
required to allow such Deduction.</p>
<h4>Commissioners may borrow Money,<br />
and assign the Rates as a Security.</h4>
<p>XXVI. And, for the more speedy raising Money for the
Purposes of this Act, <a name="page35"></a><span
class="pagenum">p. 35</span>be it further enacted, That it shall
be lawful for the said Commissioners, and they are hereby
empowered from Time to Time to borrow and take up at Interest any
Sum or Sums of Money upon the Credit of the Rates or Assessments
herein before granted, and by Writing under their Hands and Seals
to mortgage or assign over the said Rates or Assessments, to the
Person or Persons who shall advance or lend such Money, or his or
their Trustee or Trustees, as a Security for the Money so to be
borrowed, together with the Interest for the same; and every such
Assignment shall be in the Words or to the Effect following,
(<i>videlicet</i>).</p>
<blockquote><p style="text-align: center">Form of Assignment.</p>
<p><span class="smcap">By</span> virtue of an Act of Parliament,
made in the Thirtieth Year of the Reign of King <i>George</i> the
Third, intituled [<i>set forth the Title of the Act</i>], we . .
. . . . of the Commissioners appointed by virtue of the said Act,
in consideration of the Sum of . . . . . . advanced and lent by
<i>A. B.</i> to <i>C. D.</i> the Treasurer appointed in pursuance
of the said Act, upon the Credit, and for the Purposes of the
said Act, do grant and assign unto the said <i>A. B.</i> his
Executors, Administrators, and Assigns, such Proportion of the
Rates or Assessments arising by virtue of the said Act, at the
said Sum of . . . . . . doth or shall bear to the <a
name="page36"></a><span class="pagenum">p. 36</span>whole Sum
which is or shall be borrowed upon the Credit of the said Act, to
be had and holden from this . . . . . . Day of . . . . . . until
the said Sum of . . . . . . with Interest, at . . . . . . <i>per
Centum per Annum</i> for the same, to be paid half-yearly, shall
be repaid and satisfied. In Witness whereof we have
hereunto set our Hands and Seals, this . . . . . . Day of . . . .
. .</p>
</blockquote>
<p>And every such Assignment shall be good, valid, and effectual
in the Law.</p>
<h4>Money may be raised by Annuities.</h4>
<p>XXVII. Provided always, That in case the said
Commissioners shall think it advisable to raise all or any Part
of the Money necessary for the Purposes of this Act by the
granting of Annuities for Lives, then it shall be lawful for the
said Commissioners, and they are hereby authorized and empowered,
by Writing under their Hands and Seals, to grant Annuities to any
Person or Persons who shall contribute, advance, and pay into the
Hands of the Treasurer to the said Commissioners any Sum or Sums
of Money for the absolute Purchase of any Annuity, to be paid and
payable during the natural Life of every such Contributor, or the
natural Life of such Person as shall be nominated by or on the
Behalf of such Contributor at the <a name="page37"></a><span
class="pagenum">p. 37</span>Time of the Payment of his or her
Contribution or Purchase Money, and either with or without
Benefit of Survivorship, as the said Commissioners shall think
proper, so that no such Annuity do exceed the Rate of Ten Pounds
for One hundred Pounds for a Year; and the Grant of every such
Annuity shall be in the Words or to the Effect following;
<i>videlicet</i>,</p>
<blockquote><p style="text-align: center">Form of Grant.</p>
<p><span class="smcap">We</span> . . . . . . of the Commissioners
appointed by or in pursuance of an Act of Parliament, made in the
Thirtieth Year of the Reign of King <i>George</i> the Third,
intituled, [<i>set forth the Title of the Act</i>], in
Consideration of the Sum of . . . . . . paid by <i>A. B.</i> to
the Treasurer appointed in pursuance of the said Act, do hereby
grant unto the said <i>A. B.</i> his Executors, Administrators,
and Assigns, an Annuity or yearly Sum of . . . . . . out of the
Rates or Assessments arising by virtue of the said Act; which
Annuity or yearly Sum of shall be paid to the said <i>A. B.</i>
his Executors, Administrators, and Assigns, at . . . . . . upon
the . . . . . . in every Year during . . . . . . and the First
Payment thereof shall be made upon the . . . . . . Day of . . . .
. . next ensuing the Date of these Presents. In Witness
whereof we <a name="page38"></a><span class="pagenum">p.
38</span>have hereunto for our Hands and Seals, the . . . . . .
Day of . . . . . . in the Year of our Lord . . . . . .</p>
</blockquote>
<p>And every such Grant shall be good, valid, and effectual in
the Law; and every Annuity so to be granted as afore said shall
be, and is hereby charged upon, and shall be payable and paid,
free from all Taxes and Deductions, out of the said Rates or
Assessments: Provided nevertheless, that no greater Sum in the
Whole than Ten thousand Pounds shall be raised by Loan or
Mortgage, and by the Sale or granting of Annuities as aforesaid;
and that, before any such Money shall be borrowed, or Annuity
granted, fourteen Days Notice at the least shall be given in some
Newspaper published in <i>London</i> or <i>Westminster</i>,
signifying the Intention of borrowing such Money, or granting
such Annuities.</p>
<h4>Security may be transferred.</h4>
<p>XXVIII. And be it further enacted, That it shall be
lawful for the Persons entitled to any of the Securities for the
Money borrowed, or for the Annuities granted as aforesaid, by
Writing under their Hands and Seals indorsed thereon, to transfer
the same to any Person or Persons in the Words or to the Effect
following:</p>
<blockquote><p style="text-align: center">Form of Transfer.</p>
<p>I <i>A. B.</i> do hereby assign the within Mortgage [<i>or</i>
Grant of Annuity], and all my Right and Title in and to the
Principal Money and Interest [<i>or</i> Annuity, <a
name="page39"></a><span class="pagenum">p. 39</span>and all
Arrears now due thereon] thereby secured, unto <i>C. D.</i> his
Executors Administrators, and Assigns. Dated the . . . . .
. Day of . . . . . .</p>
</blockquote>
<p>And Entries or Memorials of all Mortgages or Assignments, and
Grants of Annuities, which shall be made in pursuance of this
Act, and of all Transfers thereof, expressing in Words at Length
the Names, Additions, Places of Abode, and other proper
Descriptions of all such Persons as shall from Time to Time be
entitled to the Principal Money and Interest, or the Annuities
thereby respectively secured, shall be entered in a Book, to be
kept for that Purpose, by the Clerk to the said Commissioners, to
which Book any Person interested shall, at all seasonable Times,
have Access, and shall have free Liberty to inspect the same,
without Fee or Reward; and for the Entry of every such Assignment
the said Clerk shall be paid Two Shillings and Sixpence, and no
more; and every such Transfer shall entitle the Person or
Persons, to whom the same shall be made, and his, her, or their
Executors, Administrators, and Assigns, to the Benefit of the
Security thereby transferred; and all Persons to whom such
Mortgages or Assignments, or Grants of Annuity, shall be made, or
who shall be entitled to the Money thereby secured, shall be, in
Proportion to the Sums therein respectively <a
name="page40"></a><span class="pagenum">p.
40</span>mentioned. Creditors on the said Rates or
Assessments equally one with another, without any Preference in
respect to the Priority of advancing such Money, or the Dates of
any such Mortgages or Assignments, or Grants of Annuity.</p>
<h4>Application of the Money.</h4>
<p>XXIX. And be it further enacted, That all the Money to
arise by or from the said Rates or Assessments, and which may be
borrowed or advanced for the Purchase of any Annuities on the
Credit or Security thereof, shall be applied, in the first Place,
in paying and discharging the Expences attending the obtaining
and passing this Act, and afterwards from Time to Time in paying
the Interest of the principal Money to be borrowed, and the
Annuities to be granted as aforesaid, and in defraying the
Expences of paving, repairing, cleansing, lighting, watching, and
watering the said several Streets, and other publick Passages and
Places, and of carrying this Act into Execution, and in paying
off the said principal Money, in such Manner as the said
Commissioners shall think proper.</p>
<h4>Recovery of Penalties.</h4>
<p>XXX. And be it further enacted, That all Penalties and
Forfeitures by this Act imposed (the Manner of recovering whereof
is not hereby otherwise directed) shall be levied and recovered
by Distress and Sale <a name="page41"></a><span
class="pagenum">p. 41</span>of the Goods and Chattels of the
Offender or Offenders, by Warrant under the Hand and Seal of any
Justice of the Peace for the County or Place wherein the Offender
or Offenders shall be or reside (which Warrant such Justice is
hereby empowered to grant, upon the Confession of the Party, or
upon the Information of any credible Witness upon Oath), and such
Penalties and Forfeitures shall (if not directed to be otherwise
applied by this Act) be paid to the Treasurer to the said
Commissioners, and applied for the Purposes of this Act; and in
case sufficient Distress shall not be found, or such Penalties or
Forfeitures shall not be forthwith paid, such Justice is hereby
authorized and required, by Warrant under his Hand and Seal, to
cause the Offender or Offenders to be committed to the common
Gaol, or House of Correction, there to remain without Bail or
Mainprize, for any Time not exceeding Three Calendar Months,
unless such Penalties or Forfeitures, and all reasonable Charges
attending the Recovery thereof, shall be sooner paid and
satisfied.</p>
<h4>Inhabitants may give Evidence.</h4>
<p>XXXI. And be it further enacted, That in all Actions
Prosecutions, Informations, Causes, and Proceedings whatsoever,
relating to or concerning the Execution of this Act, any
Inhabitant residing within the Limits of this Act shall be
admitted and allowed to give Evidence, notwithstanding <a
name="page42"></a><span class="pagenum">p. 42</span>such
Inhabitant shall be charged with, and liable to pay any Rate or
Assessment by virtue of this Act.</p>
<h4>Appeal.</h4>
<p>XXXII. Provided always, and be it further enacted, That
if any Person shall think himself or herself aggrieved by any
Rate or Assessment which shall be made in pursuance of this Act,
he or she may apply to the said Commissioners, at their First
Meeting to be holden after the Expiration of Five Days after the
demanding of such Rate or Assessment; and the said Commissioners
are hereby authorized and empowered, if they shall think such
Person aggrieved, to give such Relief in the Premises as to them
shall seem reasonable; and if any such Person shall be
dissatisfied with the Determination of the said Commissioners
therein, or if any Person shall think himself or herself
aggrieved by any other Matter or Thing to be done in pursuance of
this Act, every such Person may appeal to the Justices at any
General or Quarter Session of the Peace to be holden for the
County of <i>Middlesex</i>, within Four Calendar Months next
after the Cause of Complaint shall have arisen, such Appellant
first giving Fourteen Days Notice at the least in Writing of his
or her Intention to bring such Appeal, and of the Matter thereof,
to the Clerk to the said Commissioners, and within Five Days
after such Notice entering into a Recognizance before some <a
name="page43"></a><span class="pagenum">p. 43</span>Justice of
the Peace for the said County, with Two sufficient Sureties,
conditioned to try such Appeal, and abide the Order of, and to
pay such Costs as shall be awarded by, the Justices at such
Sessions, and the Justices at such Sessions shall hear and
finally determine the Cause and Matter of such Appeal in a
summary Way, and award such Costs to the Party appealing or
appealed against, as they shall think proper; and their
Determination therein shall be final, binding, and conclusive to
all Parties, and to all Intents and Purposes.</p>
<h4>Limitation of Actions.</h4>
<p>XXXIII. And be it further enacted, That no Action or
Suit shall be commenced against any Person, for any Thing to be
done in pursuance of this Act, until Thirty-one Days Notice
thereof shall be given to the Clerk to the said Commissioners, or
after sufficient Satisfaction, or Tender thereof, hath been made
to the Party aggrieved, or after Three Calendar Months next after
the Fact committed; and every such Action or Suit shall be
brought and tried in the County of <i>Middlesex</i>, and not
elsewhere; and the Defendant in every such Action or Suit shall
and may plead the General Issue, and give this Act and the
special Matter in Evidence at any Trial to be had thereupon, and
that the same was done in pursuance and by the Authority of this
Act; and if the same shall appear to <a name="page44"></a><span
class="pagenum">p. 44</span>be so done, or if such Action or Suit
shall be brought before Thirty-one Days Notice thereof shall be
given as aforesaid, or after a sufficient Satisfaction shall be
made or tendered as aforesaid, or after the Time herein-before
limited for bringing the same, or shall be brought in any other
County or Place than as aforesaid, then the Jury shall find for
the Defendant; and upon such Verdict, or if the Plaintiff shall
become Nonsuit, or discontinue his or her Action or Suit after
the Defendant shall appear, or if upon Demurrer Judgement shall
be given against the Plaintiff, then the Defendant shall recover
Treble Costs, and have such Remedy for the same as any Defendant
hath for Costs of Suit in Other Cases of Law.</p>
<h4>Publick Acts.</h4>
<p>XXXIV. And be it further enacted, That this Act shall be
deemed, adjudged, and taken to be a Publick Act; and shall be
judicially taken Notice of as such by all Judges, Justices, and
other Persons whomsoever, without specially pleading the
same.</p>
<div class="gapspace"> </div>
<p style="text-align: center">FINIS.</p>
<h3><a name="page45"></a><span class="pagenum">p. 45</span>ANNO
QUADRAGESIMO TERTIO<br />
GEORGII III. Regis.</h3>
<p style="text-align: center">CAP. XI.</p>
<p class="gutsumm"><i>An Act for amending</i>, <i>altering</i>,
<i>and enlarging the Powers of an Act</i>, <i>passed in the
Thirtieth Year of the Reign of His present Majesty</i>,
<i>intituled</i>, An Act for forming and keeping in Repair the
Streets, and other publick Passages and Places within a certain
District in the Parish of <i>Saint Luke</i>, <i>Chelsea</i>, in
the County of <i>Middlesex</i>, called <i>Hans Town</i>, and for
otherwise improving the same.</p>
<p style="text-align: right">[24th <i>March</i> 1803.]</p>
<p><span class="smcap">Whereas</span> by an Act, made in the
Thirtieth Year of the Reign of His present Majesty, instituled,
<i>An Act for forming and keeping in Repair the Streets</i>,
<i>and other publick Passages and Places</i>, <i>within a certain
District in the Parish of</i> Saint Luke, <i>in the County of</i>
Middlesex, <i>called</i> <a name="page46"></a><span
class="pagenum">p. 46</span>Hans Town, <i>and for otherwise
improving the same</i>, certain Powers were given and granted to
the Commissioners of the said District for the several Purposes
in the said recited Act mentioned and contained: And whereas the
Commissioners of the said District, acting under the said Act,
have proceeded in the Execution thereof to the great Benefit of
the said District, and of the Publick at large; but that, in
order more effectually to carry the Purposes of the said Act into
Execution, it is expedient that the Powers thereof should be
amended, altered, and enlarged: May it therefore please Your
Majesty that it may be enacted; and be it enacted by the
King’s most Excellent Majesty, by and with the Advice and
Consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the Authority of the same,
That, from and after the Commencement of this Act, it shall and
may be lawful for the Commissioners of the said District to
nominate and appoint any Person or Persons, and to purchase any
Number of Carts and Horses for the Purpose of cleansing the
Streets, and other publick Passages and Places within the Limits
of the said District, and of carrying away the Dust, Dirt,
Cinders, or Ashes from any House or Houses, or other Premises
within the same, or to contract with any Person or Persons for so
doing.</p>
<h4><a name="page47"></a><span class="pagenum">p.
47</span>Contractors to bring proper Carriages into the
Streets,<br />
and to give Notice of their Approach.</h4>
<p>II. And be it further enacted, That the Person or
Persons employed by or contracting with the said Commissioners
for cleansing the said Streets, and other publick Passages and
Places as aforesaid, or those employed under such Contractor or
Contractors, shall Twice in every Week or oftener, bring or cause
to be brought Carts or other proper Carriages into all the
Streets, and other publick Passages and Places as aforesaid,
where such Carts or Carriages can pass, and at or before their
Approach, by sound of Bell, or with an audible and distinct
Voice, give Notice to the Inhabitants of their coming, and give
the like Notice in every Court, Alley, or Place into which the
said Carts or Carriages cannot pass.</p>
<h4>Penalty on Persons collecting Dust, etc.<br />
who are not authorized to do so.</h4>
<p>III. And be it further enacted, That if any Person or
Persons other than the Person or Persons so employed by or
contracting with the said Commissioners for cleansing the
Streets, and other publick Passages and Places, under their
Direction, or those employed under such Contractor or
Contractors, shall, on any Pretence whatsoever, go about to
collect or gather, or shall ask for, receive, or carry away any
Dust, Dirt, Cinders, or Ashes, from any House or other Premises
within the Limits aforesaid, it shall and may be lawful to and
for any Justice of the Peace for the said County of
<i>Middlesex</i>, upon Complaint to him made, to grant a Warrant
to bring <a name="page48"></a><span class="pagenum">p.
48</span>before him such Offender or Offenders, at the Time and
Place as in such Warrant shall be specified, or for any Person or
Persons who shall see such Offence committed to seize, and also
for any other Person or Persons to assist in seizing the Offender
or Offenders, together with the Horses, Asses, Cattle, Carts,
Trucks, Wheelbarrows, or other Carriages or Implements made use
of for carrying away the same, and by the Authority of this Act,
and without any other Warrant to convey him, her, or them before
such Justice, and such Justice shall, and he is hereby authorized
and required, to examine upon Oath, the Person or Persons
apprehending such Offender or Offenders, or any Witness or
Witnesses who shall appear to give Information touching such
Offence; and if the Party or Parties shall be convicted of going
about to collect or gather, asking for, receiving, or carrying
away any Dust, Dirt, Cinders, or Ashes from any House or other
Premises within the Limits aforesaid, not being the Person or
Persons so employed by or contracting with the said
Commissioners, or acting under his or then Authority, he, she or
they shall respectively, for the First Offence, forfeit and pay
the Sum of Ten Shillings, for the Second Offence the Sum of
Twenty Shillings, and for the Third and every subsequent Offence
the sum of Forty Shillings; and One Moiety <a
name="page49"></a><span class="pagenum">p. 49</span>of every such
Penalty shall be paid to the Informer or Informers, or to the
Person or Persons who shall apprehend the Offender or Offender,
and the other Moiety to the Purposes of the said recited Act and
this Act; and if such Offender or Offenders shall not immediately
on Conviction pay the said Penalty or Penalties, such Justice is
hereby required to direct such Horses, Asses, Cattle, Carts,
Trucks, Wheelbarrows, or other Carriages or Implements which
shall have been so seized, to be appraised and sold, and after
deducting out of the Monies to arise by such Sale the Penalty or
Penalties incurred, together with the reasonable Charges and
Expences of such Distress and Sale, the Overplus thereof shall be
returned to the Party or Parties whose Horses or other Things
shall be appraised and sold; and in case there shall have been no
such Seizure as aforesaid, or if the Horses, Asses, Cattle, or
other Things which shall be so appraised and sold, shall not
produce a sufficient Sum of Money to pay the said Penalty or
Penalties Charges and Expences, then if such Offender or
Offenders shall not immediately upon Conviction pay the said
Penalty or Penalties, or such Part or Parts of the said Penalty
or Penalties, Charges and Expences, which shall remain over and
above the Produce of the Horses, Assess Cattle, and other Things
so seized and sold, then such Justice is hereby required to
commit such Offender or Offenders to the Common <a
name="page50"></a><span class="pagenum">p. 50</span>Gaol or House
of Correction for the said County of <i>Middlesex</i>, there to
be kept to hard Labour for any Term not exceeding Thirty Days,
nor less than Ten Days, unless such Penalty or Penalties, or such
Part or Parts thereof as aforesaid, shall be sooner paid and
satisfied.</p>
<h4>Carriage Ways of the Streets to be covered with Gravel,
etc.</h4>
<p>IV. And be it further enacted, That it shall and may be
lawful to and for the said Commissioners to direct all and every
Person and Persons, who are by the said recited Act required to
level, form, and cover with Gravel, not less than Six Inches
thick, the Carriage Ways of all such Streets, and other publick
Passages and Places, within the said District, in the First Place
properly and effectually to fill up the same; and also to direct
all and every Person and Persons, who are required to pave the
Foot Ways in the whole Front of their respective Houses,
Buildings, and Tenements, to set up and erect proper and
sufficient Posts, at such Distances and in such Manner, as the
said Commissioners shall order and direct.</p>
<h4>Lessees of Ground to compound for forming Carriage Ways,
etc.</h4>
<p>V. And whereas there are and may be several Pieces or
Parcels of Ground within the Streets, and other publick Passages
and Places, already or hereafter to be set out or made within the
said District, unbuilt upon, the Carriage and Foot Ways to and in
the Fronts whereof are neither filled up, <a
name="page51"></a><span class="pagenum">p. 51</span>levelled,
formed, covered with Gravel, or paved, nor Posts set up and
erected, and it would be a Means of forwarding the good Purposes
of the said recited Act and this Act, if Builders or others, who
by Law are liable to fill up, level, form over with Gravel, and
pave the same, were to compound with the said Commissioners; be
it therefore further enacted, That it shall and may be lawful to
and for the said Commissioners, or any Three or more of them, to
view and inspect all Streets, and other publick Passages and
Places, already or hereafter to be set out or made within the
said District; and if upon such View they shall be of Opinion
that the same, or any Part or Parts thereof, is or are fit and
proper for the Area or Fence Walls abutting thereon to be Built,
and the Carriage and Foot Ways to be filled up, levelled, formed,
covered with Gravel, or paved, or Posts to be set up and erected,
the said Commissioners, or any Three or more of then, at any
Meeting to be held in pursuance of the said recited Act, after
such View, shall and may order their Surveyor or Surveyors, or
other Person or Persons by them appointed for that Purpose, to
give Notice to the Lessee or Lessees of all and every such Lands
or Grounds, or leave the same at his, her, or their last or usual
Place of Abode, or with his, her, or their known Servant or
Servants, or if no such Lessee <a name="page52"></a><span
class="pagenum">p. 52</span>or Lessees can be found, then such
Notice shall be stuck against the said Premises, or any Part
thereof, which Notice shall require such Lessee or Lessees to
meet the said Commissioners, or any Three or more of them, at the
Time and Place to be therein mentioned (not being less than Six
Days from the Date of such Notice), to compound for building such
Area or Fence Walls, and for filling up, levelling, forming, and
covering the Carriage Ways with Gravel, not less than Six Inches
thick, and paving the Foot Ways in the whole Front thereof, and
for setting up and erecting Posts; and if such Lessee or Lessees
shall not attend, or shall not compound and agree with the said
Commissioners, or any Three or more of them as aforesaid, then it
shall and may be lawful to and for the said Commissioners, or any
Three or more of them, to order the said Area or Fence Walls to
be built, the said Carriage and Foot Ways to be filled up,
levelled, formed, covered with Gravel, and paved, and Posts to be
set up and erected forthwith, or as soon as conveniently may be,
and all the Charges and Expences attending the building such
Walls, filling up, levelling, forming, covering with Gravel, and
paving and setting up and erecting Posts, shall be paid by the
respective Lessee or Lessees, and shall be recovered and levied
by Distress and Sale of their Goods and Chattels, in <a
name="page53"></a><span class="pagenum">p. 53</span>the same
Manner at the Rates and Assessments said by virtue of the said
recited Act are therein directed to be levied and recovered.</p>
<h4>Publick Buildings and Dead Walls to be rated.</h4>
<p>VI. And for as much as it is reasonable that all publick
Buildings and all dead Walls and void Spaces of Ground within the
said District should be rated and assessed in a due Proportion
for the several Purposes of the said recited Act and this Act, be
it therefore further enacted, That it shall and may be lawful to
and for the said Commissioners at their Discretion, and they are
hereby required from Time to Time to rate and assess towards the
Purposes of the said recited Act and this Act, all Chapels,
Meeting Houses, Markets, Warehouses, and all other publick
Buildings whatsoever, within the said District, which now is, or
are, or hereafter may be built, and which are not charged in
respect of any Dwelling House by the Pound Rate, or otherwise by
virtue of the said recited Act, at a Rate not exceeding Two
Shillings in the Pound, according to the Directions of the said
recited Act, and where the annual Value cannot be fully
ascertained, then and in either of the said Cases the same shall
be charged and assessed at a Rate not exceeding Nine-pence
<i>per</i> Square Yard in any One Year of the Pavement and Road
paved, gravelled, or repaired, and not exceeding <a
name="page54"></a><span class="pagenum">p. 54</span>One Shilling
<i>per</i> Square Yard of the Foot Way and Carriage Way paved,
lighted, and watched, repaired, and gravelled, under the
Direction of the said Commissioners, and situate, lying, and
bring in any of the said Streets or other publick Passages and
Places, and belonging to or lying before such Chapel, Meeting
House, Warehouse, or other publick Building; and the said
Commissioners shall also at their Discretion, yearly or oftener
(if needful), assess all Burying Grounds, dead Walls (except such
dead Walls as are situate in the Return of Streets; and all
Garden Walls bounding or abutting on any Mews or Lanes), and void
Spaces of Ground, towards the Purposes aforesaid, and which are
not charged in respect of any Dwelling House or other Building by
the Pound Rate, or otherwise, by virtue of the said recited Act,
so that in the Whole such Rate or Assessment shall not in any One
Year exceed the Sum of Nine-pence for every Square yard of
Pavement and Road paved, gravelled, or repaired, nor the Sum of
One Shilling for every Square Yard of Foot Way and Carriage Way
paved, lighted, and watched, repaired, and gravelled, under the
Direction of the said Commissioners, situate as aforesaid, or
belonging to or lying before such Burying Grounds, dead Walls, or
void Spaces of Ground; and all Rates and Assessments to be made
and paid for all such <a name="page55"></a><span
class="pagenum">p. 55</span>Burying Grounds, Chapels, Meeting
Houses, Markets, Warehouses, or other publick Buildings, dead
Walls, or void Spaces of Ground respectively, shall be paid by
the respective Owner or Owners, Lessee or Lessees, Occupier or
Occupiers thereof, and shall be charged and chargeable on the
said Premises, and be recovered and applied in such Manner as
other Rates and Assessments are directed to be recovered and
applied by the said recited Act.</p>
<h4>Occupiers of Houses to cleanse the Foot Ways Once a Day.</h4>
<p>VII. And be it further enacted, That every Occupier of
every House or Tenement within the said District, and in respect
to Inmates, every House Owner shall, Once in every Day, between
the Hours of Eight and Ten of the Clock in the Forenoon of each
Day, scrape, sweep, and cleanse the Foot Way all along the Front
of their respective Houses and Tenements, or cause the same to be
scraped, swept, and cleansed, and in Default thereof shall, for
every such Offence, forfeit and pay the Sum of Five Shillings, to
be levied by Warrant under the Hand and Seal of any Justice of
the Peace for the said County of <i>Middlesex</i>, upon the Oath
of Two or more credible Witnesses; which Oath such Justice is
hereby required and empowered to administer.</p>
<h4>Penalty on Persons digging Earth, or leaving Holes in the
Streets.</h4>
<p>VIII. And be it further enacted, That if any Person or
Persons whomsoever shall <a name="page56"></a><span
class="pagenum">p. 56</span>dig any Earth, or leave any Hole in
and Street, or other publick Passage or Place, before any House
or Tenement built or in building within the said District, for
the Purpose of making Vaults, or any other Purposes whatsoever,
and shall not inclose the same in a good and sufficient Manner,
to be approved of by the Surveyor or Surveyors to the said
Commissioners; or if any such Person or Persons shall keep up
such Inclosure longer than the said Commissioners shall think
absolutely necessary, or shall not well and sufficiently fence or
rail before the Area or Areas fronting to any Street, or publick
Passage or Place, every Person or Persons guilty of any of the
Offences aforesaid, shall forfeit and pay the Sum of Twenty
Shillings, and the Sum of Forty shillings for every Week that
such Nuisance shall be continued.</p>
<h4>Penalty on beating Carpets, etc. in the Streets.</h4>
<p>IX. And be it further enacted, That if any Person or
Persons shall within any Street, or other publick Passage or
Place already or hereafter to be set out or made within the said
District, beat or dust any Carpet or Carpets, or drive any
Carriage or Carriages for the Purpose of breaking Horses, or
ride, lead, or drive any Horse for the Purpose of exercising or
airing such Horse, (otherwise than by passing through such
Street, or other publick Passage or Place), then and in every
such Case it shall <a name="page57"></a><span class="pagenum">p.
57</span>and may be lawful to and for any Justice of the Peace
for the said County of <i>Middlesex</i>, upon Complaint to him
made by One or more credible Witness or Witnesses, to issue a
Warrant, requiring such Offender or Offenders to appear before
him, at such Time and Place as shall be in such Warrant
specified; and every such Offender or Offenders shall for every
such Offence, being thereof duly convicted upon the Oath of any
credible Witness or Witnesses, (which Oath such Justice is hereby
authorized and required to administer), forfeit and pay any Sum
not exceeding Forty Shillings nor less than Five Shillings; and
in case the Person who shall beat or dust such Carpet or Carpets,
or drive such Carriage or Carriages for the Purpose of breaking
Horses, or ride, lead, or drive any Horse for the Purpose of
exercising or airing such Horse, (otherwise than as aforesaid)
cannot be apprehended, that then a like Penalty of Forty
Shillings nor less than Five Shillings shall be forfeited by the
Owner of such Carpet or Carpets, Carriage or Carriages, or Horse
or Horses.</p>
<h4>Penalty on driving Carriages, or riding or leading Horses,
etc.<br />
on the Foot Pavements.</h4>
<p>X. And be it further enacted, That if any Person or
persons shall run, drive, or draw, or cause to be run, driven, or
drawn, on any of the Foot Pavements within any of the Streets, or
other publick Passages and Places, within the said District, any
<a name="page58"></a><span class="pagenum">p. 58</span>Wheel or
Wheels, Sledge, Wheelbarrow, Truck, or any Carnage whatsoever, or
shall wilfully ride, lead, or drive any Horse, Cow, Ass, or other
Cattle, Coach, or other Carriage whatsoever, upon any Part of the
said Foot Pavements, then and in any such Case, it shall and may
be lawful to and for any Justice of the Peace for the said County
of <i>Middlesex</i>, upon Complaint to him made by One or more
credible Witness or Witnesses, to issue a Warrant, requiring such
Offender or Offenders to appear before him at such Time and Place
as shall be in such Warrant specified; and it shall and may be
lawful to and for any Person or Persons who shall see such
Offence committed to seize, and also for any other Person or
Persons to assist in seizing the Offender or Offenders, and they
are hereby required so to do by the Authority of this Act, and
without any other Warrant to convey and deliver him, her, or them
into the Custody of a Peace Officer, in order to be secured and
conveyed before such Justice of the Peace; and the Party or
Parties accused being so brought before such Justice, such
Justice shall proceed to examine upon Oath any Witness or
Witnesses who shall appear or be produced to give Information
touching such Offence, (which Oath the said Justice is hereby
authorized and required to administer); and if the Party or
Parties accused shall be convicted of such Offence, either <a
name="page59"></a><span class="pagenum">p. 59</span>by his, her,
or their own Confession, or upon Information as aforesaid, he,
she, or they so convicted of any such Offences respectively,
shall forfeit the Sum of Ten Shilling, over and above the
Expences of repairing any Damage that may be occasional thereby,
the Amount of which shall be ascertained by the said Justice, for
the First Offence, the Sum of Twenty Shillings for the Second
Offence, and the Sum of Forty Shillings for the Third and every
other subsequent Offence; and in case such Offender or Offenders
shall not upon such Conviction pay such Forfeitures by him, her,
or them incurred as aforesaid, the Justice before whom such
Offender or Offenders shall be convicted, is hereby required to
commit him, her, or them to the House of Correction for the said
County, there to be kept to hard Labour for any Space of Time not
exceeding Thirty Days nor less than Five Days.</p>
<h4>Penalty on obstructing Officers.</h4>
<p>XI. And be it further enacted, That if any Person or
Persons shall at any Time or Times obstruct, hinder, or molest
any Surveyor or Surveyors, or other Officer or Officers, Person
or Persons whomsoever, who are or shall be employed by the said
Commissioners in the Execution of the said recited Act or this
Act, every Person or Persons so offending, shall for the First
Offence, forfeit the Sum of Twenty Shillings, <a
name="page60"></a><span class="pagenum">p. 60</span>for the
Second Offence the Sum of Forty Shillings, and for the Third and
every other Offence the Sum of Three Pounds.</p>
<h4>Commissioners to repair the Streets, &c.</h4>
<p>XII. And be it further enacted, That it shall and may be
lawful to and for the said Commissioners to cause to be dug,
carted, and carried out of, or brought into the said several
Streets and other publick Passages and Places already or
hereafter to be set out or made, or any of them, or any Part or
Parts thereof, such Gravel, Stones and other Materials as they
shall judge necessary, and may likewise cause the Ground thereof
to be raised or lowered, the Course of the Channels running in or
through the same to be turned or altered, new Grates to the
Common Sewers to be added or replaced, and in what Numbers or
Places they shall think proper, and the Water Pipes which now be
or hereafter shall be said under Ground to be taken up and new
laid in such Places, Manner, and Form, as they shall judge best,
the Charges and Expences of taking up, altering, and relaying
such Pipes to be borne and paid by the said Commissioners, but
the said Commissioners shall not remove or cause to be removed
any Water Pipes, without giving Notice to and advising with the
Inspector or Supervisor of the Water Company to which such Pipes
belong; and that the said Commissioners may likewise cause such
Number of <a name="page61"></a><span class="pagenum">p.
61</span>Posts to be set up and erected in or upon any of the
said Streets, and other publick Passages and Places, at such
Distances and in such Manner at they shall think proper, and may
cause all or any of the Posts and Rails already erected, set up,
and affixed, or hereafter to be erected, set up, and affixed, to
be painted or repaired, and new Posts and Rails to be set up,
erected, and affixed, in the Place of such of them as shall be
decayed or rendered useless.</p>
<h4>Respecting Water Pipes.</h4>
<p>XIII. And be it further enacted, That when and so often
as any Main or Mains, Pipe or Pipes belonging to any Water
Company, who now furnish, or shall hereafter furnish the
Inhabitants of the said District with Water, and which now lie,
or shall hereafter be laid under Ground in any of the said
Streets, or other publick Passages or Places, shall happen to
break, burst, or decay, so as to require Reparation, the Surveyor
or Surveyors of the said Commissioners for the Time being, or
such other Person or Persons as the said Commissioners shall
appoint for that Purpose, shall forthwith give, or cause to be
given, Notice thereof, in Writing, to the Paviour or Supervisor
of every such Water Company; and the Paviour or Supervisor of
such Water Company, to whom the said Main or Mains, Pipe or Pipes
shall belong is and are hereby required to take up the <a
name="page62"></a><span class="pagenum">p. 62</span>Pavement and
open the Ground, and cause or procure the said Main or Mains,
Pipe or Pipes to be repaired, and afterwards to fill the said
Ground, ram down, and make good the same with Gravel, in all
Cases where the same shall not have been paved, within Two Days
next after such Notice to be given, and as soon as such Main or
Pipe shall have been so repaired, and the Ground to filled up,
rammed down, and gravelled, he or they shall give or cause to be
given Notice thereof, in Writing, to the Surveyor or Surveyors
for the Time being of the said Commissioners; and if the Paviour
or Paviours, Supervisor or Supervisors, of any such Water
Company, to or for whom such Notice shall be given or left at his
or their last Place or Places of Abode, shall, by the Space of
Two Days next after giving or leaving such Notice as aforesaid,
refuse or neglect to take up such Pavement, and open such Ground,
and cause or procure such Main or Mains, Pipe or Pipes to be
amended and repaired, or afterwards to fill up the Ground so
taken up, or to give such immediate Notice of his having so done
to the Surveyor or Surveyors of the said Commissioners for the
Time being, then and in every such Case, the Person or Persons so
respectively refusing or neglecting shall, for every such
Offence, forfeit and pay the Sum of Five Pounds; and if any Main
or <a name="page63"></a><span class="pagenum">p. 63</span>Mains,
Pipe or Pipes, not belonging to any Water Company, shall happen
to break, burst, or decay as aforesaid, in any of the said
Streets, or other publick Passages and Places, then and in every
such Case the respective Owner or Owners thereof shall forthwith
cause the Ground over the same to be opened, and such Main or
Mains, Pipe or Pipes to be repaired, and Notice thereof in
Writing to be given to the Surveyor or Surveyors for the Time
being of the said Commissioners; or in case of Refusal or Neglect
so to do, shall, for every such Offence, forfeit and pay the Sum
of Five Pounds; and if any Pavement shall be broken or taken up
for the Purpose of making, repairing, or altering any Main, Pipe,
Vault, or Drain, then and in every such Case, the Person or
Persons so breaking or taking up the said Pavement, or causing
the same to be so broken or taken up, shall, as soon as the
Nature of the Work will permit, cause the Ground to be filled in
or rammed down, and Notice thereof in Writing to be given to the
Surveyor or Surveyors for the Time being of the said
Commissioners; or in case of Refusal or Neglect so to do, shall,
for every such Offence, forfeit and pay the Sum of Forty
Shillings; and if such Surveyor or Surveyors, to whom any such
Notice as aforesaid shall be so given, shall, by the Space of Two
Days next after the giving <a name="page64"></a><span
class="pagenum">p. 64</span>of such Notice to him or them as
aforesaid, refuse or neglect to relay and repair, or cause to be
relaid and repaired, the Pavement so broken up, then and in every
such Case, he or they shall forfeit and pay the Sum of Twenty
Shillings for every Day such Pavement shall be neglected to be
relaid or repaired after the Expiration of the said Two Days:
Provided always, that if it shall so happen that at any Time
there shall be no regular or fixed Appointment of a Paviour or
Surveyor of any such Water Company, then and in such Case such
Notice shall be delivered to or left at the Office of the Clerk,
or Secretary of such Company, and considered as sufficient Notice
for the Purposes aforesaid.</p>
<h4>How to Expences of relaying the Pavement opened for<br />
laying down or repairing Water Pipes shall be paid.</h4>
<p>XIV. Provided always, and be it further enacted and
declared, That the Charges and Expences of relaying the Pavement
or gravelling the Ground which shall be broken, taken up, or
opened for the Purposes of laying down, repairing, or amending
any such Main or Mains, Pipe or Pipes, shall be reimbursed and
paid to the said Commissioners, or to such Person as they shall
appoint to receive the same, by the Clerk or Treasurer for the
Time being of any such Water Company to whom such Main or Mains,
Pipe or Pipes shall belong, or if the same shall not belong to
any such Water Company, then by the <a name="page65"></a><span
class="pagenum">p. 65</span>respective Owner or Owners thereof;
and if such Clerk or Treasurer to any such Water Company, or the
respective Owner or Owners of such Main or Mans, Pipe or Pipes,
liable to reimburse and pay such Charges and Expences, shall
refuse or neglect to pay the same within Ten Days next after
Demand thereof in Writing, signed by the Clerk of the said
Commissioners, and left at their respective Dwelling Houses or
last Places of Abode, or at the Office of such Company, together
with a Bill to be annexed to such Demand, containing an Account
of such Charges and Expences, then and in every such Case, the
Money so expended shall and may be recovered by the said
Commissioners of and from the Company, or Person or Persons so
liable thereto, by Action or Actions of Debt, Bill, Plaint, or
Information in any of His Majesty’s Courts of Record at
<i>Westminster</i>, to be commenced within Three Calendar Months
next after such Demand respectively, in which Acton or Actions,
Suit or Suits respectively, no Essoign, Protection, or Wager of
Law, or more than One Imparlance, shall be allowed.</p>
<h4>For Payment of Principal Money and Interest<br />
advanced on Credit to the Rates.</h4>
<p>XV. And be it further enacted, That in order to
discharge the Principal Money and Interest already advanced and
lent, or which may be hereafter advanced and lent upon the Credit
of the Rates or Assessments made <a name="page66"></a><span
class="pagenum">p. 66</span>by virtue of the said recited Act, it
shall and may be lawful to and for the said Commissioners, and
they are hereby authorized and directed, yearly and every Year,
to deduct, appropriate, and set apart, the Sum of One Penny in
the Pound of the Total Amount of the yearly Rent or Value of the
several Houses and other Buildings, Lands, and Grounds within the
said District; and the said Sum or Sums of Money so to be set
apart and appropriated, shall be from Time to Time taken and
deducted from and out of the Rate and Assessment levied and
collected for forming and keeping in Repair the Streets, and
other publick Passages and Places within the said District, and
for otherwise improving the same: Provided always, that such Sum
or Sums of Money so to be deducted, set apart, and appropriated
as aforesaid, shall not at any Time exceed the Proportion of
One-twentieth Part of such Rates or Assessments as shall have
been actually levied and collected, and shall only be to
deducted, set apart, and appropriated at such Time or Times as
the said Rate or Assessment shall not exceed the full Sum of Two
Shillings in the Pound in any One Year.</p>
<h4>Respecting Surplus of Rate.</h4>
<p>XVI. And be it further enacted, That it shall and may be
lawful to and for the said Commissioners, and they are hereby
authorized and empowered, from Time to <a name="page67"></a><span
class="pagenum">p. 67</span>Time, when and as often as the
Surplus of the said Rate (if any), shall, together with the
Produce of One Penny in the Pound, so to be set apart and
appropriated, amount to the Sum of One hundred Pounds or upwards,
to pay off and discharge the Money borrowed and to be borrowed on
the Credit of the said Rate, in such Manner as the said
Commissioners shall think proper, and a separate Account shall be
kept of the Sums of Money paid off and discharged by the Surplus
of the said Rate, distinct from those which shall be paid off and
discharged by the Sum so appropriated as aforesaid by virtue of
this Act.</p>
<h4>Application of Compensation where amounting to
200<i>l.</i></h4>
<p>XVII. And be it further enacted, That if any Money shall
be agreed or awarded to be paid for any Buildings, Lands, or
Hereditaments purchased, taken, or used by virtue of the Powers
of the said recited Act and this Act, for the Purposes thereof,
which shall belong to any Corporation, Feme Covert, Infant,
Lunatick, or Person or Persons under any other Disability or
Incapacity, such Money shall, in case the same shall amount to or
exceed the Sum of Two hundred Pounds, with all convenient Speed
be paid into the Bank of <i>England</i>, in the Name and with the
Privity of the Accountant General of the High Court of Chancery,
to be placed to his Account there <i>ex parte</i> the
Commissioners for executing <a name="page68"></a><span
class="pagenum">p. 68</span>the said Act and this Act, to the
Intent that such Money shall be applied, under the Direction and
with the Approbation of the said Court, to be signified by an
Order made upon a Petition, to be preferred in a summary Way, by
the Person or Persons who would have been entitled to the Rents
and Profits of the said Buildings, Lands, and Hereditaments, in
the Purchase or Redemption of the Land Tax, or towards the
Discharge of any Debt or Debts, or such other Incumbrances, or
Parts thereof, as the said Court shall authorize to be paid,
affecting the same Lands or Hereditaments, or affecting other
Buildings, Lands, or Hereditaments standing settled therewith, to
the same or the like Uses, Intents, or Purposes; or where such
Money shall not be so applied, then the same shall be laid out
and invested, under the like Direction and Approbation of the
said Court, in the Purchase of other Buildings, Lands, or
Hereditaments, which shall be conveyed and settled to, for, and
upon such and the like Uses, Trusts, Intents, and Purposes, and
in the same Manner as the Buildings, Lands, or Hereditaments
which shall be so purchased, taken, or used as aforesaid, stood
settled or limited, or such of them as at the Time of making such
Conveyance and Settlement shall be existing undetermined and
capable of taking Effect; and in the mean Time and <a
name="page69"></a><span class="pagenum">p. 69</span>until such
Purchase shall be made, the said Money shall, by Order of the
Court of Chancery, upon Application thereto, be invested by the
said Accountant General, in his Name, in the Purchase of Three
Pounds <i>per Centum</i> Consolidated or Three Pounds <i>per
Centum</i> Reduced Bank Annuities; and in the mean Time and until
the said Bank Annuities shall be ordered by the said Court to be
sold, for the Purposes aforesaid, the Dividends and annual
Produce of the said Consolidated or Reduced Bank Annuities shall
from Time to Time be paid, by Order of the said Court, to the
Person or Persons who would for the Time being have been entitled
to the Rents and Profits of the Buildings, Lands, or
Hereditaments so hereby directed to be purchased, in case such
Purchase or Settlement were made.</p>
<h4>Application where the Money does not exceed 200<i>l.</i><br
/>
nor less than 20<i>l.</i></h4>
<p>XVIII. Provided always, and be it further enacted, That
if any Money so agreed or awarded to be paid for any Buildings,
Lands, or Hereditaments purchased, taken, or used for the
Purposes aforesaid, and belonging to any Corporation, or any
Person or Persons under Disability or Incapacity as aforesaid,
shall be less than the Sum of Two hundred Pounds, and shall
exceed the Sum of Twenty Pounds, then and in all such Cases, the
same shall (at the Option of the Person or Persons for the <a
name="page70"></a><span class="pagenum">p. 70</span>Time being
entitled to the Rents and Profits of the Buildings, Lands, or
Hereditaments so purchased, taken, or used, or of his, her, or
their Guardian or Guardians, Committee or Committees, in case of
Infancy or Lunacy, to be signified by Writing under their
respective Hands), be paid into the Bank, in the Name and with
the Privity of the said Accountant General of the High Court of
Chancery, and be placed to his Account as aforesaid, in order to
be applied in Manner herein-before directed, or otherwise the
same shall be paid (at the like Option) to Two Trustees, to be
nominated by the Person or Persons making such Option, and
approved of by Three or more of the said Commissioners (such
Nomination and Approbation to be signified in Writing under the
Hands of the nominating and approving Parties), in order that
such Principal Money, and the Dividends arising thereon, may be
applied in any Manner herein-before directed, so far as the Case
be applicable, without obtaining or being required to obtain the
Direction or Approbation of the Court of Chancery.</p>
<h4>Application where Money is less than 20<i>l.</i></h4>
<p>XIX. Provided also, and be it further enacted, That
where such Money, so agreed or awarded to be paid as next before
mentioned, shall be less than Twenty Pounds, then and in all such
Cases, the same shall <a name="page71"></a><span
class="pagenum">p. 71</span>be applied to the Use of the Person
or Persons who would, for the Time being, have been entitled to
the Rents and Profits of the Buildings, Lands or Hereditaments so
purchased, taken, or used for the Purposes of the said Act and
this Act, in such Manner as the said Commissioners, or any Three
or more of them, shall think fit; or in case of Infancy or
Lunacy, then to his, her, or their Guardian or Guardians,
Committee or Committees to and for the Use and Benefit of such
Person or Persons so entitled respectively.</p>
<h4>For paying the Expences of the Act.</h4>
<p>XX. And be it further enacted, That it shall and may be
lawful for the said Commissioners to pay and discharge the
Expences attending the obtaining and passing this Act, by and out
of such Monies as they may think fit to borrow by virtue of the
Power and Authority given to them in and by the said recited Act,
or by and out of any of the Rates or Assessments by the said
recited Act granted.</p>
<h4>Recovery of Penalties.</h4>
<p>XXI. And be it further enacted, That all Penalties and
Forfeitures by this Act imposed (the Manner of recovering whereof
is not hereby otherwise directed), shall be levied and recovered
in such Manner and Form in all Respects, as the Penalties and
Forfeitures are directed to be levied and recovered by the said
recited Act.</p>
<h4><a name="page72"></a><span class="pagenum">p. 72</span>Powers
of former Act extended to this Act.</h4>
<p>XXII. And be it further enacted, That the Commissioners
acting under or by virtue of the said recited Act, shall be
Commissioners for carrying into Execution the several Powers and
Authorities given by this Act, and that the said Commissioners
shall have as full and ample Powers of rating, assessing, and
levying all such Sums of Money as they shall deem necessary for
the Purposes of this Act, as are given to them in and by the said
recited Act; and that all other the Provisions of the said
recited Act (except such as are hereby varied or altered), shall
be extended to this Act, in as full, large, and ample Manner, to
all Intents and Purposes, as if the same were repeated and
re-enacted in the Body of this present Act.</p>
<h4>Publick Act.</h4>
<p>XXIII. And be it further enacted, That this Act shall be
deemed, adjudged, and taken to be a Publick Act, and shall be
judicially taken Notice of as such by all Judges, Justices and
other Persons whomsoever, without specially pleading the
same.</p>
<div class="gapspace"> </div>
<p style="text-align: center">FINIS.</p>
<div>*** END OF THE PROJECT GUTENBERG EBOOK 62016 ***</div>
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