| By Author | [ A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | Other Symbols ] |
| By Title | [ A B C D E F G H I J K L M N O P Q R S T U V W X Y Z | Other Symbols ] |
| By Language |
|
Download this book: [ ASCII ] Look for this book on Amazon Tweet |
Title: Brompton Square Act, 1825
Author: Anonymous
Language: English
As this book started as an ASCII text book there are no pictures available.
*** Start of this LibraryBlog Digital Book "Brompton Square Act, 1825" ***
Transcribed from the 1825 George Eyre and Andrew Strahan edition by David
Price, email ccx074@pglaf.org. Many thanks to Royal Borough of
Kensington and Chelsea, Local Studies and Archives, for allowing their
copy to be used for this transcription.
[Picture: Public domain book cover]
AN
ACT
TO PROVIDE FOR THE
PAVING, GRAVELLING, LIGHTING,
AND WATCHING
Certain Footways and Carriageways
IN AND NEAR
BROMPTON SQUARE
IN THE PARISH OF
SAINT MARY ABBOTTS KENSINGTON,
_IN THE COUNTY OF MIDDLESEX_
AND TO PROVIDE FOR THE
Maintenance of a Garden and Shrubbery
IN THE SAID SQUARE.
[Picture: Royal Arms]
_LONDON_:
PRINTED BY GEORGE EYRE AND ANDREW STRAHAN,
PRINTERS TO THE KING’S MOST EXCELLENT MAJESTY.
1825.
INDEX.
A.
ACCOUNTS, Book of, to be open to the gratuitous 8
Inspection of the Trustees and Persons rated. _See_
Trustees.
— Copies and Extracts may be gratuitously taken by duly ibid.
qualified Persons.
ACT, Limits of, defined. 2
— Persons for putting the Act in Execution defined, ibid
— Expense of obtaining, &c. to be paid out of the first 43
Monies raised by virtue of the Act.
— to be deemed a public Act, and judicially taken Notice 44
of as such, without being specially pleaded.
ACTION. In every Action, the Designation of Defendant as 30
set forth by the Act, being indebted to the Plaintiff in
the Sum, &c. shall be sufficient. _See_ Clerk,
Treasurer.
ACTION or SUIT, proper Names of, to be given. _See_ 41
Notice.
— not to be commenced after a Tender of sufficient Amends ibid.
to the Parties aggrieved, or (on their Behalf) to their
Attorney or Agent.
— not to be commenced after the Expiration of Six Months 42
next after the Fact committed.
— the Venue to be laid in the County where the Cause of ibid.
Action shall have arisen, and not elsewhere.
ACTS. _See_ Proceedings.
ADJOURNMENTS. Neglect of, &c. 14
AGGRIEVED. Persons aggrieved by any Rate or Assessment 38
after Payment thereof, may appeal to the Trustees at
their next Meeting.
— Persons aggrieved by any Decision of the Trustees or 38
Justice of the Peace in the Execution of this Act, may
appeal to the General Quarter Sessions to be held next
after the Expiration of One Calendar Month from the Time
when the Cause of Complaint shall have arisen, but not
afterwards.
AMBASSADOR, Houses occupied by, the Landlord or 26
Proprietor of such Houses to be rated as the Occupier.
AMENDMENT of any Rate, Assessment, or Matter of Form in 38, 39
any Conviction or Proceeding connected with the Execution
of this Act, may be made by the Justices at the Quarter
Sessions.
ANNOYANCES, &c. Penalty for. 35
ANNUITY, Form of the Grant of. _See_ Money. 30
— Money raised by way of Annuity, to be deemed Personal ibid.
Estate.
— Restrictions upon the granting of—not to be granted for 31
the Lives of more than Two Persons under the Age of
Thirty-five.
APPEAL may be made to the Trustees by Persons aggrieved 38
by any Rate made in pursuance of the Act, at the next
Meeting of the Trustees, after Payment of such Rate or
Assessment.
— may be made against Decision of the Trustees or any ibid.
Justice of Peace, at the next Quarter Sessions.
— to the Quarter Sessions against Decision of Trustees or ibid.
Justice, not to be made later than One Month after the
Cause of Complaint arising. _See_ Aggrieved.
— to the next Quarter Sessions against Decision of 38, 39
Trustees or Justice—the Appellant to give Fourteen Days
written Notice of the Appeal and of the Matter thereof to
the Clerk of the Trustees, and within Five Days after, to
enter into a Recognisance, with Two sufficient Sureties,
before a Justice of Peace. _See_ Sureties.
— to the Quarter Sessions, &c. if against a Conviction, 39
the Sureties of the Appellant to be conditioned to pay
the Penalty, if the Conviction be affirmed. _See_
Sureties.
— Matters of, to be determined in a summary Way by the ibid.
Justices at the General Quarter Sessions. _See_
Justices.
AREA, enclosed, of Brompton Square, first Expense of 43
enclosing, &c. not to be defrayed by the Trustees. _See_
Trustees.
— Provision in favour of the Occupiers of Houses having 22
Interest in the enclosed Area, previously to the passing
of the Act.
ARMS and Clothing for Watchmen to be provided. 17
— for Watchmen, &c. vested in the Trustees. 23
ASHES, DUST, &c. _See_ Mud.
ASSESSMENT. _See_ Rate.
B.
BASKET. _See_ Stall.
BOG-HOUSE, or NIGHT-SOIL. Penalty £5 for emptying it, 33
except between the Hours of Twelve at Night and Five in
the Morning.
BONFIRE making, &c. in Brompton Square. 32
BOOK. _See_ Names.
BREAKING in. &c. _See_ Horse.
BROMPTON SQUARE, STREETS, &c. on the Land claimed to be 1
seised by Wm. Farlar, Esq. partly laid out prior to the
passing of the Act.
BUILDING MATERIALS. Penalty not exceeding £5, for 33
placing them within the Jurisdiction of this Act. _See_
Provision.
BUSINESS, Room or Building may be hired for Transaction 41
of. _See_ Trustees.
C.
CARRIAGEWAYS, &c. Trustees to contract for cleansing 21
them. _See_ Footways.
CARPETS. Beating or dusting them, &c. Penalty £5 for. 32
CHAIRMAN, how to be appointed. 4
— to have a casting Vote. 5
CHAISE. _See_ Coach.
CHELSEA WATER-WORKS. _See_ Water-Works.
CINDERS. _See_ Dust.
CLERK to be appointed, and how. ibid.
— &c. not to be Treasurer. _See_ Trustees. 7
— to keep a Book of Accounts. _See_ Trustees. _See_ 8
Inspection of Accounts.
— to the Trustees, his Death or Removal, or that of the 40
Treasurer, no Ground for the Discontinuance of an Action.
— to be deemed Plaintiff or Defendant in an Action, but 41
not personally answerable for Damages. _See_ Damages.
— competent Witness in an Action, though nominally ibid.
Plaintiff or Defendant.
— to enter Contracts in a proper Book. 23
CLOATHING. _See_ Arms.
COACH, Chaise, Waggon, Cart, Truck, Wheelbarrow, or other 34
Carnage whatever, driven upon any Footway within the
Jurisdiction of the Act, Penalty for, not exceeding £5.
COACH-HOUSES. _See_ Stables.
COLLECTOR of RATES to be appointed, and how. 5
COMPLAINTS, Costs incident to, how to be levied, if not 36, 37
paid on Conviction. _See_ Penalties.
CONTRACT for doing WORKS, &c. connected with the 23
Execution of the Act, may be yearly, or otherwise.
— &c. not to continue in force for more than Three Years ibid.
from the Time of contracting.
— all Contracts for doing Works, &c. connected with the ibid.
Execution of the Act, to be entered in a proper Book.
COMMISSIONERS of SEWERS. _See_ Sewers.
COMPENSATION for special Damage done by Parties’ 39
irregularly distraining. _See_ Irregularity.
CONVICTION of OFFENDERS, &c. _See_ Justice.
— Form of. ibid.
— Appeal against. _See_ Appeal. 41
COSTS and EXPENSES respecting the Contamination of Water 16
by any Escape of Gas, to be determined (if requisite) by
a Justice of Peace. _See_ Water.
— and Expenses occasioned by Distress, &c. to be 29
determined by Justice of the Peace. _See_ Justice.
— and Expenses occasioned by Distress, &c. may be sued ibid.
for, &c. with full Costs of Suits, &c. by the Trustees.
_See_ Action.
COSTS, &c. incident to a Complaint, hour to be levied, if 36
not paid on Conviction. _See_ Penalties.
— awarded by the Trustees at the Quarter Sessions, 39
Sureties for an Appellant must be conditioned to pay
such. _See_ Sureties.
— if not paid on Decision of the Justices at the Quarter ibid.
Sessions, the Delinquent to be committed to the Common
Gaol or House of Correction. _See_ Justices.
— _See_ Damages.
— when Plaintiff is to pay Treble, and how recoverable. 42
_See_ Verdict.
— of Performance of Conditions for renting Ground for a 22
Pleasure Garden, to be paid out of Rates made by virtue
of the Act.
Cost of every Lease for renting Ground for a Pleasure ibid.
Garden, to be paid out of the Rates made by virtue of the
Act.
— Costs and Expenses of obtaining and passing the Act to 43
be paid out of the first Monies raised by virtue of it.
D.
DAMAGE done by fixing of Lamps. _See_ Lamps.
— Special, done by Parties’ irregularly distraining, 38
Compensation for, how recoverable. _See_ Irregularity.
— Damages or Costs recovered against the Clerk or 41
Treasurer, not to be paid by them, but by the Trustees,
out of the Money raised under the Act.
— wilfully done to the Pavements, Lamps, Fences, Trees, 24
Walks, &c. &c. in Brompton Square, Penalty for.
— done to the Pavements, Lamps, &c. Satisfaction to be ibid.
made for.
— &c. Satisfaction fur, how to be obtained. ibid.
— and Injury. To be made good to the Trustees by the 16
Water-works Company, all Damage which may have been
caused by an Examination of the Pipes respecting the
Contamination of Water by Gas, if the Gas be not the
Occasion of the Nuisance.
— the Amount of Loss, Injury, Damage, &c. done to ibid.
Footways, &c. to be determined, if requisite, by a
Justice of the Peace. _See_ Justice.
DEFENDANT in an Action may plead specially or the general 42
Issue, and at the Trial thereof give this Act and the
special Matter in Evidence.
— Verdict to be found for, if, in an Action, the Thing ibid.
complained of appear to have been done under Authority of
the Act; or if the Action be brought contrary to the
Restrictions, &c. which the Act has laid down. _See_
Verdict.
DEMURRER. If, on Demurrer, Judgment be given against ibid.
Plaintiff, Defendant to have Treble Costs. _See_
Verdict.
DISCHARGE. _See_ Payment.
DISTRESS and SALE by, of the Goods, &c. of any Officer, 6
having Money for which he has not accounted, and having
refused to give Account, &c. _See_ Notice.
DISTRESS, Warrant of. _See_ Warrant.
— not illegal from Informality. 38
— Persons making, not Trespassers from any Informality in ibid.
the Proceedings.
— Persons making, not Trespassers _ab initio_, on account ibid.
of any subsequent Irregularity.
DUNG. _See_ Mud.
DUST, Trustees to contract for taking away. 21
DUST, ASHES, &c. _See_ Mud.
E.
EXAMINATION respecting Gas; upon Examination, should it 15
appear that Contamination has not arisen from an Escape
of Gas, the Expenses and Costs of Digging to be borne by
the Water Company, &c.
EXECUTION of the Act. _See_ Notices, Form, Proceedings.
EXEMPTION from General Rates. _See_ Rates.
EXPENSE of removing Gas Pipes from private Dwelling
Houses, &c. _See_ Pipes.
EXPENSES incident to inclosed Area of Brompton Square, to 19
be wholly borne by the Tenants and Occupiers of Houses.
_See_ Costs.
F.
FARLAR, WILLIAM, Esq. 1
FILTH. _See_ Mud.
FIREWORKS, discharging them in Brompton Square. 32
FOOTBALL, or any other Game, playing at, in Brompton ibid.
Square.
FOOTWAYS and CARRIAGEWAYS, Trustees shall cause to be 9
properly formed, repaired, cleansed, watered, drained,
protected with Posts, &c. or altered, as they think
necessary. _See_ Penalty.
— &c. if broken up for the laying of Pipes or any other 10
Purpose, the Work to be expeditiously completed, and the
Footways, &c. put in as good a State as before, at the
Expense of the Company or Persons so breaking them up.
— &c. if not repaired by the Parties causing them to be 11
broken up, for 24 Hours after the Completion of the Work
for which they were broken up, the Trustees to have them
properly repaired, and may compel the Parties who caused
them to be broken up, to defray the Cost of repairing.
— &c. Expense of repairing, how to be recovered by the ibid.
Trustees of Persons failing to reinstate such Footways,
&c. after causing them to be broken up.
— &c. first Expense of, not to be defrayed by Trustees.
_See_ Trustees.
FORFEITURES, how recoverable. _See_ Penalties.
FORM, Matter of, in any Conviction or Proceeding under 38
the Act, may be amended by the Trustees at the Quarter
Sessions.
— Want of, no Ground for quashing or vacating any ibid.
Proceedings connected with the Execution of this Act.
_See_ Proceedings.
G.
GAME, i.e. Play, &c. _See_ Football.
GAOL, or House of Correction, any Officer having received 6, 7
Money for which he has not accounted, and having refused
to give Accounts, may be committed to. _See_ Notice.
Satisfaction.
GARDEN. _See_ Pleasure Garden.
GARDEN-POT or TUB, Penalty for placing or putting out, 33
upon or before any Building next or towards any Footway
within the Jurisdiction, &c. unless properly secured from
falling.
GAS found to escape, speedy Means to be taken to prevent 16
it. _See_ Notice. Penalty.
GAS PIPES. _See_ Pipes.
GAS WASHINGS. _See_ Penalty.
GATES to be erected at the Entrance of Brompton Square. 21
— to be kept up and preserved by the Trustees. ibid.
— to be kept closed during such Hours as the Trustees ibid.
shall direct.
— a Key or Keys of the Gates to be left in the Charge of ibid.
the Watchmen, during the Hours appointed by the Trustees
for the Gates to be closed.
GOODS. _See_ Stall.
GOODS and CHATTELS liable to Distress, in case of the 35, 36
Non-payment of Penalties. _See_ Penalties.
GRAND JUNCTION WATER-WORKS. _See_ Water-works.
GRAVELLING. &c. _See_ Owners.
GROUND for Pleasure Garden, to be subject to 21, 22
Stipulations, agreed upon between the Trustees and Wm.
Farlar, his Heirs, &c.
— Lessees of, their Estate and Interest, to vest in the ibid.
Trustees for the Time being.
H.
HORSE, BEAST, &c. wilfully suffering them to go upon any 35
Footway, &c.
— &c. fastening any Horse, &c. to any House, Wall, Fence, ibid.
Post. Rail, &c. or across any Footway, &c.
— &c. riding or leading a Horse, &c. on any Footway ibid.
within the Jurisdiction of the Act.
— &c. driven by any Person in any Part of Brompton Square ibid.
for the Purpose of breaking him in, offering him for
Sale, &c., Penalty not exceeding £5.
HOUSE of CORRECTION. _See_ Gaol.
HOUSES. Trustees to order them to be numbered. _See_
Penalty.
I.
INFORMALITY of Proceedings in making Distress, _See_
Distress. Irregularity.
INFORMATION in Writing, not necessary to the Conviction 36
of an Offender.
INHABITANTS of any House, &c. within the Jurisdiction of 40
this Act, may be a competent Witness in any Action, &c.
relating to its Execution, or to any Rate made in
pursuance thereof.
INSPECTION of ACCOUNTS, Clerk refusing to permit. _See_
Penalty incurred, &c.
IRREGULARITY, subsequent, of Parties’ distraining, does 38
not render them Trespassers _ab initio_. _See_ Distress.
— of Parties’ distraining. Persons aggrieved by, may ibid.
recover Compensation for special Damage by Action,
subject to certain Limitations.
ISSUE. _See_ Defendant.
J.
JAIL. _See_ Gaol.
JUDGMENT, when, on Demurrer, Judgment is given against 42
Plaintiff, Defendant to have Treble Costs. _See_
Verdict.
JURISDICTION of the Trustees defined. 9
JUSTICES of Peace for Middlesex, Penalties recoverable 36
before.
— to summon Offenders liable to Penalty under the Act. ibid.
— to determine Complaints and convict Offenders on Proof, ibid.
either by their own Confession or the Oath of credible
Witness or Witnesses, even without Information in
Writing.
— to grant Warrants for Distress on Goods and Chattels, ibid.
in case of the Nonpayment of Penalties.
— Penalties recoverable before. ibid.
— may order Offenders to be kept in Custody till Return ibid.
can be made to Warrant of Distress, unless satisfactory
Security for their Appearance be given.
— in what Form he may cause the Conviction of Offenders 37
to be drawn up.
— may take Security for the Appearance of Offenders 36
convicted under this Act, by way of Recognisance or
otherwise.
— at the General Quarter Sessions, on Proof of due Notice 37
given and Recognisance entered into, to determine Matters
of Appeal, award Costs, levy Costs by Distress, and
commit the Delinquent to the Common Gaol for Six Months,
or until the Costs awarded be paid.
— at Quarter Sessions, may amend any Rate, Assessment, or 39
Matter of Form in any Conviction or Proceeding under this
Act.
— of Peace for Middlesex may act as such in the Execution 40
of the Act, though also a Trustee.
— of Peace, his Decision may be appealed against at the 38, 39
next Quarter Sessions. _See_ Appeal. Aggrieved.
K.
KEY or KEYS of the Gates, to be left in the Charge of the 21
Watchmen during the Hours appointed by the Trustees for
the Gates to be closed.
KEYS of the Pleasure Garden, to be granted only to the 22
Occupiers of Houses in the Square, except with the
written Consent of the Majority of the Trustees.
— to the enclosed Area of Brompton Square, not to be made ibid.
without written Consent of Trustees.
— false, to the enclosed Area of Brompton Square, Penalty ibid.
for making, selling, or knowingly purchasing.
— false, &c., may be seised, &c. by Authority of 25
Trustees.
L.
LAMPS, &c. to be set up, in and about the Footways, &c. 10
within Jurisdiction of the Act, on or against Walls or
Palisadoes belonging to any contiguous House, &c.
— to be lit with Oil or Gas, during such Hours, &c. as ibid.
the Trustees judge proper.
— if unlawfully extinguished, the Offender to pay a ibid.
Penalty not exceeding £5.
— Damage done to any Building, &c. by fixing of, to be ibid.
repaired by the Trustees out of the Money raised under
this Act.
— Lamp Irons, &c. vested in the Trustees. 23
LAND, Description of, at Brompton Square, claimed to be 1
seised by Wm. Farlar, Esq.
LANDLORD, claiming or receiving the Rent of Lodgers, &c., 26
to be rated as the Occupiers, &c.
LEASE of Ground for an enclosed Area in Brompton Square, 22
may be contracted for in the Names of Five Trustees.
— of Ground for Pleasure Garden, to be taken and accepted ibid.
by the Trustees from Wm. Farlar, his Heirs, &c.
— Cost of, to be paid out of the Rates made by virtue of 22
the Act.
— of Room or Building for Transaction of Business 41
relating to the Act, may be taken and accepted by
Trustees to themselves, any of them, or any Person in
Trust for them, for any Number of Years, at such Rent as
they shall from Time to Time think fit. _See_ Trustees.
— of enclosed Area in Brompton Square, when obtained, how 25
affecting Rates. _See_ Rates.
LESSEES of Ground for Pleasure Garden; their Estate and 24
Interest to vest in the Trustees for the Time being.
LIME, slacking or sifting, &c. in Brompton Square. 32
Penalty for. _See_ Provision.
M.
MATERIALS for the Footways, &c. vested in the Trustees. 23
MEETINGS, Expenses of, by whom to be defrayed. 4, 5
— Five a sufficient Number to form a Meeting. ibid.
— Five, or any Number under Five, may adjourn. ibid.
— First Meeting to be held on the Fourth Monday, &c. at ibid.
the Grapes Tavern at Brompton. _See_ Chairman.
MEETINGS, adjourned, where and when. ibid.
— Notice respecting adjourned Meetings. ibid.
— Special. ibid.
— Neglect or Omission to adjourn. ibid.
MERCHANDISE. _See_ Stall.
MIDDLESEX, West, Water-works. _See_ Water-works.
MONIES received by an Officer, or collected by him by 5, 6
virtue of the Act, and upon Inspection of his Accounts,
before refused to be given, not accounted for, on
Nonpayment thereof, any Justice, by Warrant under his
Hand, may cause such Monies to be levied by Distress,
&c., or, if Goods and Chattels be not sufficient, &c. &c.
to be committed to the Common Gaol or House of
Correction, &c. for Six Calendar Months.
— may be raised on the Credit of the Rates by way of Loan 30
on Annuity.
— charged in consequence of Alteration or Amendment of 28
Rates, may be recovered and levied, &c. as an original
Insertion.
— arising from Penalties, to whom to be paid, and how to 37
be disposed of. _See_ Penalties.
MONTH. A Month’s Notice to be given of intended Action. 41
MORTAR, making it in Brompton Square. _See_ Provision. 32
MUD, Dust, Sand, Rubbish, Filth, Dung, Ashes,—Penalty not 33
exceeding £5 for placing, within the Jurisdiction of the
Act.
N.
NAMES of Streets, Numbers of Houses, Trustees to order 20
them to be set up. _See_ Penalties.
NAMES, Orders, and Proceedings of the Trustees at 32
Meetings to be entered into a Book kept for the Purpose.
_See_ Trustees. Proceedings.
NIGHT-SOIL. _See_ Bog-house.
NOTICE respecting adjourned Meetings. 4
— signed by Three or more Trustees, to be given to 6
Officers who shall refuse to give true and perfect
Accounts of the Monies, &c. before any other legal Step
can be taken.
— by Parol or in Writing, to be given to the Trustees or 17
Gas Light Company respecting the Escape of Gas.
— to be given in case Gas Washings, &c. shall be conveyed ibid.
into any River, Stream. &c.
— to be given to Persons neglecting to put up Fences, 34
Lights, &c. during Repairs, and also to remove them in
proper Time. _See_ Penalty. Repairs.
— in Writing properly signed. &c. respecting the 14
Contamination of Water by Gas, to be given to the
Trustees or Gas Company, before the Penalty of £10 can be
exacted, or any legal Step can be taken. _See_ Pipes.
— written, of intended Action, stating fully the Cause of 41
Action, Name, and Place of Abode of intended Plaintiff,
and of his Attorney or Agent, to be left at the usual
Residence of the intended Defendant, a Month previously
to the Commencement of the Action.
— of Appeal to the Quarter Sessions against Decision of 39
Trustees or Justice of Peace, to be given to the Clerk of
the Trustees. _See_ Appeal.
NOTICES or SUMMONSES, requisite for carrying this Act 40
into Execution, may be written or printed, or partly
both.
— may be served by delivering them to the Persons to whom ibid.
they are directed, or leaving them at the last known
Residence of such Persons, or at, or upon, any House, &c.
whereunto they respectively relate.
NUMBERS. _See_ Names of Streets.
NUISANCES and ANNOYANCES, Penalty for. 34
O.
OATH, to be taken and subscribed to, by every Owner or 3
Occupier of a House, &c. before he can act as Trustee.
_See_ Unqualified Persons.
OCCUPIER or LODGER, to be liable, under a Modification, 27
to be distrained for Rates, &c. due at the Time of making
the Distress.
— having been distrained, &c. may deduct the Amount, &c. ibid.
out of the Rent, payable by him to the Person or Landlord
rated.
OFFENDERS, may be apprehended without any other warrant 35
or Authority than the Act.
— liable to Penalty, to be summoned before any Justice of
the Peace for Middlesex. _See_ Justice.
— not having Goods and Chattels whereon sufficient 37
Distress can be taken, to be committed to the Common
Gaol. _See_ Warrant.
— Form of Conviction of. ibid.
OFFICERS, how to be appointed. 5
— if requisite, how to be removed. ibid.
— to give true and perfect Accounts in Writing of all 5, 6
Receipts and Payments of Monies to the Trustees, or to
such Persons as they shall nominate. _See_ Monies.
— neglecting to give up Papers, &c. within Seven Days 6, 7
after being required by a Notice in Writing, any Justice
of the Peace, upon Complaint of the Trustees, may issue a
Warrant. _See_ Warrant. Justice.
OFFICERS or PERSONS engaged in the Execution of this Act, 35
Penalty for obstructing them.
ORDERS and Determinations of Trustees to be made at 4
Meetings to be held pursuant to the Act, and not
otherwise. _See_ Names.
— none to be made at any Meeting, without the Concurrence 5
of the Majority of the Trustees present. _See_ Chairman.
Names.
— Revocation of, and Exception. ibid.
— written Notice respecting the Revocation of Orders, to ibid.
be given by Three or more Trustees under their Hands, at
a previous Meeting.
OWNERS and OCCUPIERS of HOUSES, &c. beneficial to them, 1
and also of public Advantage, to provide by Law for the
paving, gravelling, &c. and for the Maintenance of a
Pleasure Garden in the Square. _See_ Owners.
P.
PAVING, gravelling, forming, &c. Footways or 43
Carriageways, first Expence of, not to be defrayed by
Trustees. _See_ Trustees. Owners.
PAYMENTS of RATES after a Distress upon Occupier, Lodger, 27
&c. to be a sufficient Discharge for so much Rent as
shall be due to the Landlord.
PENALTY for unqualified Persons acting as Trustees, Fifty 3
Pounds.
— to whom to be paid. ibid.
— how and where to be recovered. ibid.
— for the Offices of Clerk and Treasurer being accepted 8
by the same Person or disqualified Parties, One hundred
Pounds. _See_ Trustees.
— for the Offices of Clerk and Treasurer, being accepted ibid.
by the same Person or disqualified Parties, or for the
Treasurers’ accepting another Place of Profit or Trust
under the Trustees, to be recovered with full Costs of
Suit in any of His Majesty’s Courts of Record at
Westminster, by Action of Debt or on the Case, or by
Bill, Suit or Information, without Allowance of Essoign,
Protection or Wager of Law, or of more than one
Imparlance.
— incurred by Clerk for refusing to permit Inspection of 9
the Accounts, not to exceed £10.
— for taking up or breaking Footways, &c. without Consent 10
of Trustees, not to exceed £10.
— for unlawfully extinguishing Lamps. _See_ Lamps.
— for not removing Contamination of Water by Gas, of £10 15
_per Diem_ (proper Notice having been previously given,)
to be paid by the Trustees or Gas Company to the
Secretary or chief Clerk of the Water Works Company, or
else legally recovered with Costs. _See_ Pipes.
— of £5 _per Diem_, for neglecting to use Measures for 17
stopping the Escape of Gas, within Twenty-four Hours
after written Notice shall have been given.
— of £200 for conveying, or causing to be conveyed, Gas 18
Washings, &c. into any River, Stream, Sewer, &c.
— to be paid to any Person or Persons who shall sue for ibid.
the same in any of His Majesty’s Courts, &c.
— no Essoign, Protection of Law, and not more than one ibid.
Imparlance allowed.
— not recoverable, unless sued for within Twelve Calendar ibid.
Months next after an Annoyance.
— of £20 in Addition to the £200 for each and every Day, 19
after a written Notice shall have been given that Gas
Washings &c. are conveyed into any River, &c.
— to be paid to the Informer, &c. or to the Person who ibid.
shall have sustained any Annoyance.
— not exceeding 10_l._ for unlawfully removing Dust. 21
— for certain Nuisances and Annoyances. 24
— for placing Garden-pot or Tub, &c. _See_ Garden-pot.
— for not erecting or placing proper Enclosures to
prevent Accidents, during the Repairs of Houses. _See_
Repairs.
— for keeping Swine. _See_ Swine.
— not exceeding £10 for obstructing Trustees in the 35
Execution of the Act.
— not exceeding £10 on Person or Persons summoned to give ibid.
Evidence before a Justice of Peace, respecting an Offence
punishable under the Act, and failing to attend, &c.
— not exceeding £5 for assaulting a Watchman. 20
— on every Victualler who shall harbour or entertain a ibid.
Watchman during the Time appointed for his being on Duty.
— not exceeding £2 on a Watchman for Misconduct. ibid.
— not exceeding £5 for defacing Names of Streets or ibid.
Numbers of Houses, unless, within Seven Days after a
written Notice shall have been given, the same be
reinstated.
— for wilfully damaging the Pavements, Lamps, Fences, 24
Trees, Walks, &c. &c. in Brompton Square.
— for making, selling, or knowingly purchasing false Keys 25
to the enclosed Area of Brompton Square.
— for not securing Gas Pipes. _See_ Pipes. 13
PENALTIES. All those not before particularly directed, 36
recoverable before any Justice of Peace for Middlesex, on
Complaint made within Six Months after the Commission of
the Offence.
— if not paid on Conviction, to be levied by Distress and 36
Sale of Goods and Chattels of the Offender, by Warrant
under the Hand and Seal of the Justice of the Peace for
Middlesex.
— Money arising from, unless where otherwise directed, to 37
be paid to the Treasurer of the Trustees; and (except
that Part which the Trustees are empowered to dispose of
in Rewards,) to be applied for the Purposes of this Act.
PIGS. _See_ Swine.
PIPES, Gas, not to be affixed to a House, &c. without the 12
Occupier’s Permission.
— Regulations for the laying down of. ibid.
— Penalty for not properly securing, so as to prevent the 13
Escape of Gas, £5
— to be removed from Dwelling Houses, &c. within Seven ibid.
Days next after Service of a written Notice has been
given to the Trustees or Gas Company by the Owners or
Occupiers of such House, &c.
— Expenses of removing Gas Pipes from Dwelling House, to ibid.
be paid by Trustees or Gas Company, and legally recovered
before a Justice of Peace.
— if Water be contaminated by, the Trustees or Gas 14
Company shall, within 24 Hours after receiving proper
Notice from the Water Works Company, take Measures to
remedy such Contamination, under Penalty of 10_l._ for
every Day during which the Water remains contaminated.
PLEAD, Defendant in an Action may plead specially, or 42
General Issue.
PLEASURE GARDEN in the Square. _See_ Owners.
— to be maintained and preserved, subject to Stipulations 21
of Lease.
— Lease of Ground for the laying out of, lawful to be 21
contracted for, by the Trustees in the Names of Five.
— Ground for, to be subject to Stipulations agreed upon ibid.
between the Trustees and William Farlar, his Heirs, &c.
— Lessees of Ground for, their Estate and Interest to ibid.
vest in the Trustees for the Time being.
— to be kept for the exclusive Use of Persons, occupying ibid.
Houses in the Square.
— to be fenced in with substantial Iron Railing, and ibid.
secured with proper Entrance Gates and Locks.
— Access to, to be confined to the Occupiers of Houses in ibid.
the Square.
— Railing, Gales, Locks, Plants, Materials for Gravel 23
Walks of, &c., to be vested in the Trustees during the
Continuance of any Lease of the enclosed Area granted to
them.
POST, Rails, &c. vested in the Trustees. ibid.
PROCEEDINGS of unqualified Persons acting as Trustees in 3
the Execution of the Act, previous to Conviction, to be
good and valid.
— no Proceeding, connected with the Execution of this 39
Act, to be quashed for Want of Form, or removed by any
Writ or Process into any of His Majesty’s Courts of
Record.
— an Entry of, to be signed by the Chairman at the next 32
Meeting. _See_ Names.
PRODUCE of Annuity not to exceed more than One-fifth of 31, 32
the Income which a Sum equal to the Purchase Money would
produce, &c. according to the Rate prescribed by Two Acts
passed in the Reign of His late Majesty, intituled “An
Act to enable, &c.” and “An Act for amending, &c.”
PROMISSORY NOTE, &c. Form of, for Money raised on the 30
Credit of Rates.
— or Form of Security, to be transferrable by 31
Indorsement, &c.
PROVISION, that no Person shall be subject to any Penalty 34
for Rubbish before Houses when repairing.
PUBLIC, this Act to be judicially noticed as such. _See_
Act.
Q.
QUARTER SESSIONS. Appeal to, against Decision of 39
Trustees or Justice. _See_ Appeal. Aggrieved.
Justices.
— General, Determination of Justices at, to be final and ibid.
conclusive.
— — Justices at, may amend any Rate, Assessment, or ibid.
Matter of Form, in any Conviction or Proceeding under
this Act.
R.
RAILS. _See_ Posts.
RATE, First, by virtue of the Act, to be for Two 28
Quarters, ending at Christmas, after passing the Act.
RATES, all, to be just and equal. ibid.
— may be amended by the Trustees at any Meeting pursuant ibid.
to the Act.
— every Rate subsequent to the first, shall be for One ibid.
whole Year, commencing, &c.
— to become due immediately upon the making thereof; but ibid.
may be collected in one or several Payments, &c. _See_
Trustees.
— and Monies due in pursuance of the Act, to be vested in ibid.
the Trustees. _See_ Trustees.
— to be paid to such Person or Persons as the Trustees ibid.
shall from Time to Time appoint to receive the same.
_See_ Trustees. Money. Loan. Annuity.
— to be applied, &c. by the Trustees in defraying the ibid.
Expenses of, and incident to, the Execution of this Act,
and otherwise as in, or by, this Act is directed. _See_
Trustees.
— to be levied, upon refusing or neglecting to pay them. 28
— upon Refusal or Neglect to pay any Part, &c. of Rates, ibid.
&c. any Justice for the County is empowered (after due
Notice, &c. issued,) to grant a Warrant. _See_ Warrant.
— Arrears &c. to be levied with incidental Costs, &c. by ibid.
Distress of the Goods, &c. of Persons neglecting or
refusing to pay.
— &c. if not paid within Five Days after Distress shall ibid.
be taken,—Goods and Chattels sufficient to pay the said
Rates, &c. to be appraised and sold.
— Overplus, if any, to be returned to the Owner. ibid.
— &c. In Default of a Distress, &c. the Person or ibid.
Persons to be committed to the Common Gaol, &c. there to
remain without Bail for any Time not exceeding Six
Calendar Months, unless, &c.
— for Houses let out furnished, or in Lodgings, &c. how 26
to be charged.
— to be made by the Trustees on Tenants and Occupiers of 25
all Lands, Houses, Shops, Coach Houses, Stables,
Erections, Buildings, and Tenements within the
Jurisdiction of the Act.
— to be just and equal Pound Rates, according to the ibid.
annual Rent or Value of the Premises assessed.
— to appear distinctly in each, what Part shall be raised ibid.
in respect of Costs and Expenses.
— not to exceed, in any one Year, 2_s._ in the Pound of 26
the annual Rent or Value of the Property rated, except
after a Lease of the enclosed Area shall have been
obtained.
— in respect of Houses in the Square, after a Lease of ibid.
the enclosed Area shall have been obtained, not in any
one Year to exceed 2_s._ 6_d._ in the Pound of the Rent
or annual Value.
— in making, Stables and other Buildings belonging to 26
Houses in the Square, not to be rated as separate
Buildings.
— to facilitate the making of, Trustees, or those ibid.
appointed by them, may examine Books of Assessment
affecting Houses, &c. within the Jurisdiction of the Act.
— Persons exempted from the Payment of; how the Rates of ibid.
Houses occupied by such Persons are to be charged. _See_
Ambassador.
— Persons rated under this Act not liable, in respect of 42
the same Premises, to any general Rate for paving,
lighting, or watching any Part of Kensington, or any
particular Street, Road, or Place.
— Persons aggrieved by, may appeal after Payment. _See_ 38
Appeal.
— Payment of, to be made before it is appealed against. ibid.
— Assessment, or any Matter of Form in any Conviction or 40
Proceeding, connected with the Execution of the Act, may
be amended by the Justices at the Quarter Sessions.
RECOGNISANCE, Justice empowered to take Security for 36
Appearance of Offenders by. _See_ Justice.
— to be entered into before a Justice of Peace by ibid.
Appellants against Decision of Trustees. _See_ Appeal.
RECOVERY of Costs. _See_ Costs.
RENT, Rates. _See_ Landlord. Occupier. Payment of
Rates.
— of Lease for Pleasure Garden, not in the whole, at any 22
one Time, to exceed £30 per Annum.
— of Ground for Pleasure Garden to be paid out of Rates ibid.
made by virtue of the Act.
— of Room or Building engaged by Trustees for transacting 41
Business, to be paid out of the Money raised by virtue of
the Act.
REPAIRS, Houses or Buildings under Repair to be properly 34
enclosed, and convenient Space left for Carriages, &c. to
pass, &c. with Ease and Safety.
— to prevent Accidents from, a Light to be kept up from ibid.
Sun-set to Sun-rise.
— when finished, all Rubbish, Building Materials, &c. to ibid.
be removed within a reasonable Time.
— Houses, &c. under Repair, if not properly enclosed and 35
sufficient Light kept up from Sun-set to Sun-rise, to
prevent Accidents, Notice having first been given by the
Clerk of the Trustees to the Party offending,—Penalty not
exceeding £10
RIDING, &c. _See_ Horse.
ROOM or Building may be hired by Trustees for Transaction 41
of Business relating to the Act. _See_ Trustees.
S.
SATISFACTION being made to the Trustees by an Officer, 6
having before refused to give or deliver up to the
Trustees proper Accounts or Vouchers respecting Monies,
&c. and having been committed to Prison,—to be released.
SECURITY, Form of, for Money borrowed on the Credit of 30
Rates.
— sufficient, to be given to the Justice of Peace for the 36
Appearance of Offenders convicted under this Act. _See_
Justice.
SERVING of Notices, how to be executed. _See_ Justices. 41, 42
SEWERS, Commissioners of, for Westminster and Part of 43
Middlesex, their Rights and Authorities not to be
prejudiced by this Act.
SPECIAL MEETINGS. _See_ Meetings.
SPECIAL PLEADING of this Act, not necessary to its being 44
judicially noticed as a Public Act.
STABLES, Coach Houses, &c. not to be rated as separate 26
Buildings. _See_ Rates.
STALL, Stall Board, Basket, Goods, Wares, Merchandize, 33
Penalty not exceeding £5 for placing them within the
Jurisdiction of the Act.
SUIT. _See_ Action.
SUMMONED, the Person or Persons to give Evidence before 35
any Justice of Peace respecting an Offence punishable
under the Act failing to attend, &c. and Qualification
respecting Excuse.—Penalty not exceeding £10.
SUMMONS. _See_ Notice.
SURETIES, Two necessary for an Appellant against Decision 39
of Trustees or Justice; they must be conditioned to try
such Appeal at, abide the Order of, pay the Costs
awarded, and pay the Penalty of a Conviction, if
affirmed. _See_ Appeal.
SWINE, Penalty not exceeding £5 for keeping or breeding 34
within the Jurisdiction of the Act.
T.
TENDER of sufficient Amends to Parties aggrieved, to 42
prevent the Commencement of an Action. _See_ Action.
TRANSACTION of Business, Room or Building may be hired 41
for. _See_ Trustees.
TREASURER to be appointed, and how. 5
— &c. not to be Clerk. _See_ Trustees. 7
— his Death or Removal, no Ground for the Discontinuance 40
of an Action.
— to be deemed Plaintiff or Defendant in an Action, but ibid
not personally answerable for Damages. _See_ Damages.
— competent Witness in an Action, though nominal ibid.
Plaintiff or Defendant.
— to accept no Place of Profit or Trust under the 8
Trustees, under Penalty of One hundred Pounds. _See_
Penalty.
TRUSTEES, how to be described in Actions. 24
— Qualification of. 2
— may appoint or remove Officers, and regulate their 5
Salaries.
— present at Meetings, empowered to act for themselves, ibid.
and for those who are absent.
— to cause to be entered in a Book, kept for the Purpose, 32
the Names and Proceedings at Meetings.
— may not appoint their Clerk or his Partner, or anyone 7
employed by him, to be their Treasurer; nor their
Treasurer, his Partner, or any one employed by him, to be
their Clerk.
— to cause their Clerk to keep a Book of Accounts of the 8
Money received and expended on account of the Act; which
Book or Books shall be open to the gratuitous Inspection
of Trustees and Persons rated under the Act.
— their Jurisdiction defined. 9
— may compel Parties breaking up the Footways, &c. to pay 10
the Expense of their Reparation. _See_ Footways.
— to cause Lamp Posts, &c. to be set up. _See_ Lamps. 11
— to repair Damage done by fixing of Lamps. _See_ Lamps. ibid.
— to cause Nuisance from Gas to be removed. _See_ Pipes. 14
— Gas Light Company, &c. to bear the Costs of searching 16
and digging, when Water is contaminated by an Escape of
Gas. _See_ Notice, Costs, Expenses, Examination, Damage,
Penalty, and Justice.
— to appoint Watchmen, and to determine respecting their 19
Wages and Hours of watching.
— to provide Arms, Clothing, Watch Boxes. ibid.
— to provide a Watch House. ibid.
— to appoint when the Gates of the Square are to be 21
closed, and when to be opened.
— to contract with Persons to cleanse the Carriageways, ibid.
and to take away Dust, Cinders, &c.
W.
WATCH BOXES to be provided and set up where the Trustees 18
shall appoint.
— Arms, Clothing for Watchmen, &c. vested in the 23
Trustees.
WATCH HOUSE, for the Custody of Persons apprehended by 18
the Watchman while on Duty.
WATCHMEN to be appointed to patrol, &c. Places within ibid.
the Jurisdiction of the Act.
— to have the Charge of the Keys of the Gates at the 21
Entrance of the Square. _See_ Gates.
WATER, if contaminated by any Escape of Gas, the Costs of 15
searching and digging, &c. to be borne by the Trustees,
Gas Light Company, &c.
WATER WORKS COMPANY, lawful for them to dig to and about, 14
&c. all the Pipes, &c. to remove the Contamination of the
Water by Gas. _See_ Pipes.
— of Chelsea, West Middlesex, and Grand Junction, their 43
respective Rights and Powers, &c. not to be prejudiced by
this Act.
WHEELBARROW, &c. _See_ Coach.
WITNESS.—Trustee or Occupier of House within Jurisdiction 40
of this Act may be a competent Witness in any Action
relating to the Execution of it, &c. _See_ Trustees.
Inhabitant.
— Clerk or Treasurer may be a competent one, though 41
nominally Plaintiff or Defendant. _See_ Clerk,
Treasurer.
ANNO QUINTO
GEORGII IV. Regis.
_Cap._ cviii.
An Act to provide for the paving, gravelling, lighting, and watching
certain Footways and Carriageways in and near _Brompton Square_ in the
Parish of _Saint Mary Abbotts Kensington_ in the County of _Middlesex_;
and to provide for the Maintenance of a Garden and Shrubbery in the said
Square. [4th _June_ 1824.]
WHEREAS _William Farlar_ of _Brompton_ in the County of _Middlesex_,
Esquire, claims to be seised of a Piece of Freehold Land at _Brompton_,
in the Parish of _Saint Mary Abbotts Kensington_, in the County of
_Middlesex_, which abuts South on the Turnpike Road from _Knightsbridge_
to _Fulham_, West on Land belonging to the Trustees of _Saint George’s_
Hospital, North on Land now or lately belonging to the Heirs of the late
Duke of _Kingston_, and East on Ground now or lately belonging to _Elisha
Biscoe_, and a Road leading to _Brompton_ Chapel: And whereas a Square
called _Brompton Square_, and also divers Streets and public Places, have
in part been laid out and formed, and are intended to be speedily
completed on the said Piece of Land; and it would be beneficial to the
Owners and Occupiers of Houses in the said Square, Streets, and public
Places, and also be of public Advantage, to provide by Law for the
paving, gravelling, watering, lighting, and watching of the said Square,
Streets, and public Places, and for the Maintenance of a Pleasure Garden
in the said Square: 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 the Limits of this Act shall for all the Purposes thereof
be deemed and taken to comprize all the Land of which the said _William
Farlar_ claims to be seised as aforesaid, and all Messuages, Erections,
and Buildings thereon.
II. And be it further enacted, That every Person who now is or for the
Time being shall be in his own Right or in the Right of his Wife in the
actual Possession, or in the Receipt of the Rents and Profits of a
Dwelling House or other Tenement within the Limits of this Act, of the
clear yearly Value of Forty Pounds above Reprisals, and also every Person
who now is, or, for the Time being, shall be, actually and _bonâ fide_ an
Occupier of a Dwelling House rated or liable to be rated by virtue or for
the Purposes of this Act, shall be and they respectively are hereby
constituted Trustees for putting this Act into Execution, and the said
Trustees shall be called and known as “The Trustees for regulating and
improving _Brompton Square_, and certain adjacent Places.”
III. Provided always, and be it further enacted, That no Person shall be
capable of acting as a Trustee in the Execution of this Act, except in
administering the Oath herein-after mentioned (which Oath any One of the
said Trustees is hereby authorized to administer at any Meeting which
shall be held pursuant to this Act), until such Person shall have taken
and subscribed an Oath to the Effect following: that is to say,
‘I — — do swear, That I truly and bonâ fide am in my own Right [or in
the Right of my Wife] in the actual Possession [or in the Receipt of
the Rents and Profits] of a Dwelling House or other Tenement of the
clear yearly Value of Forty Pounds above Reprises [or that I am an
Occupier of a Dwelling House rated or liable to be rated by virtue
and for the Purposes and] within the Limits of an Act of the Fifth
Year of the Reign of King _George_ the Fourth, intituled [_set forth
the Title of this Act_.]
‘So help me GOD.’
And if any Person not being qualified as aforesaid, or not having taken
and subscribed the Oath herein-before mentioned, shall presume to act as
a Trustee in the Execution of this Act, every such Person for every such
Offence shall forfeit and pay the Sum of Fifty Pounds to any Person or
Persons who shall sue for the same, to be recovered with full Costs of
Suit in any of His Majesty’s Courts of Record at _Westminster_, by Action
of Debt or on the Case, wherein no Essoign, Protection, or Wager of Law,
and not more than One Imparlance, shall be allowed; and every Person
against whom any such Action shall be brought shall prove that he was at
the Time of acting qualified as aforesaid, or shall pay the said Penalty,
without any other Proof on the Part of the Plaintiff than that such
Person acted as a Trustee in the Execution of this Act: Provided always
nevertheless, that all Acts and Proceedings of any Person acting as a
Trustee in the Execution of this Act, though not qualified as aforesaid,
previous to his being convicted, shall notwithstanding such Conviction be
as good, valid, and effectual as if such Person had been duly qualified.
IV. And be it further enacted, That the said Trustees shall hold their
First Meeting for executing this Act on the Fourth _Monday_ next after
the passing of this Act, at the _Grapes Tavern_ at _Brompton_ aforesaid,
if then open, and if not, then at some other House or Place in the said
Parish of _Saint Mary Abbotts Kensington_, between the Hours of Nine and
Eleven in the Forenoon, and may then and from Time to Time afterwards
adjourn to such Time or Times, and to such Place or Places within the
said Parish, as the Majority of the Trustees present at any Meeting shall
from Time to Time appoint; and that Notice of every such adjourned
Meeting shall be delivered or left at each Dwelling House within the
Limits of this Act, Two Days at the least previously to every such
Meeting; and if at any Time appointed for a Meeting Five or more Trustees
shall not appear within One Hour after the Time appointed for first
assembling, any One or more of the said Trustees then present may adjourn
the Meeting to another Day; and in every Case of Neglect or Omission to
adjourn (either by reason of the Non-attendance of any Trustee or
otherwise), and also whenever any Three or more Trustees shall deem it
necessary to have a Special Meeting before the Day of Adjournment, any
Three or more of the said Trustees, or their Clerk, may call a Meeting at
the Place where the last Meeting was held, by a Notice similar to the
Notice directed to be given of adjourned Meetings; and that the said
Trustees shall at all their Meetings defray their own Expences, except
any Sum not exceeding Ten Shillings a Day for the Use of the Room wherein
they shall meet; and at every Meeting of the said Trustees the Majority
present at the Hour appointed for first assembling shall appoint One of
the Trustees to act as a Chairman; and all Orders and Determinations of
the Trustees shall be made at Meetings to be held pursuant to this Act
and not otherwise; and no Order or Determination shall be made at any
such Meeting, unless a Majority of the Trustees present shall concur
therein, except in Cases where there shall be an Equality of Votes, when
the Chairman (in addition to his own Vote as a Trustee) shall have a
casting Vote; and all Acts, Orders, and Proceedings relating to this Act,
which are hereby authorized or directed to be made, done, or executed by
or before the said Trustees, and all the Powers and Authorities vested in
them generally, may be made, done, and executed by the Majority of the
Trustees present at the respective Meetings to be held pursuant to this
Act (the whole Number present not being less than Five), and all such
Acts, Orders, and Proceedings shall have the same Force and Effect as if
the same were made, done, or executed by or before all the Trustees; and
no Order or Determination made, agreed upon, or entered into at any
Meeting of the said Trustees shall be revoked or altered at any
subsequent Meeting, unless Notice of the Intention to propose such
Revocation or Alteration shall have been given by Three or more Trustees,
by Writing under their Hands, to the Trustees at a previous Meeting, nor
unless such Revocation or Alteration shall be agreed to by a greater
Number of Trustees than concurred in the making of the Order or
Determination which it shall be proposed to revoke or alter.
V. And be it further enacted, That the said Trustees shall from Time to
Time, by Writing under their Hands, appoint a Treasurer and Clerk, and
also a Collector of the Rates to be made as herein-after mentioned, and
may also from Time to Time appoint or employ such other Officers and
Persons as they shall think necessary in the Execution of this Act; and
the said Trustees may from Time to Time remove such Officers and Persons
respectively, or any of them, and upon the Death, Resignation, or Removal
of such Officers and Persons respectively, or any of them, may appoint
others in their Stead, and may out of any Money to be raised or collected
by virtue of this Act make such Allowances as they shall think proper
unto such Officers and Persons respectively; and all such Officers and
Persons respectively shall, at such Times and in such Manner as shall be
directed by the said Trustees, deliver to the said Trustees, or to such
Person or Persons as they shall nominate, true and perfect Accounts in
Writing of all their Receipts and Payments by virtue of this Act, with
proper Vouchers for the Payments, and shall pay all such Monies as shall
appear to be in their Hands or owing by them respectively unto the said
Trustees, or to such Person or Persons as they shall nominate, within
such Time as the said Trustees shall appoint; and if any such Officer or
Person shall refuse or neglect to deliver to the said Trustees, or to
such Person or Persons as they shall nominate, such an Account as
aforesaid, or to deliver up the Vouchers relating to the same, or to make
Payment as aforesaid, or if any such Officer or Person shall not deliver
up to the said Trustees, or to such Person or Persons as they shall
nominate, all Books, Papers, and Writings in his Custody or Power
relating to the Execution of this Act, within Seven Days after being
thereto required by a Notice in Writing signed by Three or more of the
said Trustees, and left at his last or usual Place of Abode, then and in
every such Case, upon Complaint being made thereof by or on behalf of the
said Trustees to any Justice of the Peace, such Justice is hereby
required to issue a Summons or Warrant for bringing such Officer or
Person 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 to
examine and adjust the said Account or Accounts if produced; and if upon
the Confession of the Officer or Person against whom the Complaint shall
be made, or by the Oath of any credible Witness or Witnesses, or upon
Inspection of the said Accounts if produced, it shall appear to such
Justice that any Money which shall have been collected or received by
virtue of this Act, shall be in the Hands of or be owing from such
Officer or Person, such Justice is hereby authorized and empowered
forthwith, on Nonpayment thereof, by a Warrant under his Hand and Seal to
cause such Money to be levied by Distress and Sale of the Goods and
Chattels of such Officer or Person respectively; and if no Goods and
Chattels shall be found sufficient to answer and satisfy the said Money,
and the Charges of making and selling such Distress, or if it shall
appear to such Justice that any Officer or Person shall have refused or
neglected to render such Account as aforesaid, or to deliver up the
Vouchers relating thereto, or that any Books, Papers, and Writings
relating to the Execution of this Act shall be in the Custody or Power of
such Officer or Person, then such Justice shall forthwith commit such
Officer or Person to the Common Gaol or House of Correction, there to
remain without Bail or Mainprize, in case he shall be committed for
Nonpayment of any Money, until he shall have accounted for and paid the
full Amount thereof, or compounded with the said Trustees in respect
thereof, or in case he shall be committed for not delivering any Books,
Papers, Writings, or Vouchers as aforesaid, until he shall have delivered
up such Books, Papers, Writings, and Vouchers respectively, or made
Satisfaction in respect thereof to the said Trustees; but no Person who
shall be committed for want of sufficient Distress, shall be detained in
Prison by virtue of this Act for any longer Term than Six Calendar
Months.
VI. Provided always, and be it further enacted, That it shall not be
lawful for the said Trustees to appoint the same Person who may be
appointed their Clerk in the Execution of this Act, or the Partner or any
Person in the Service or Employ of any such Clerk, to be the Treasurer
for the Purposes of this Act, or to appoint the Person who may be
appointed Treasurer, or the Partner or any Person in the Service or
Employ of any such Treasurer, to be the Clerk to the said Trustees; and
if any Person shall accept both the Offices of Clerk and Treasurer for
the Purposes of this Act, or if any Person, being the Partner or in the
Service or Employ of any such Clerk, shall accept the Office of
Treasurer, or being the Partner or in the Service or Employ of any such
Treasurer, shall accept the Office of Clerk in the Execution of this Act,
or if any such Treasurer shall accept any Place or Office of Profit or
Trust under the said Trustees, other than that of Treasurer, every such
Person so offending shall for every such Offence forfeit and pay the Sum
of One hundred Pounds to any Person or Persons who shall sue for the
same, to be recovered, with full Costs of Suit, in any of His Majesty’s
Courts of Record at _Westminster_, by Action of Debt or on the Case, or
by Bill, Suit, or Information, wherein no Essoign, Protection, or Wager
of Law, and not more than One Imparlance, shall be allowed.
VII. And be it further enacted, That the said Trustees shall and they
are hereby required to order and direct a Book or Books to be provided
and kept by their Clerk for the Time being, in which Book or Books such
Clerk shall enter or cause to be entered true and regular Accounts of all
Sums of Money received, paid, laid out, and expended for or on account of
this Act, and of the several Articles, Matters, and Things for which such
Sums of Money shall have been disbursed, laid out, and paid, which Book
or Books shall at all seasonable Times be open to the Inspection of the
said Trustees or any Person or Persons rated or assessed for the Purposes
of this Act, without Fee or Reward; and the said Trustees, or Persons
assessed as aforesaid, or any of them, may take Copies of or Extracts
from the said Book or Books, or any Part or Parts thereof, without paying
any thing for the same, and in case the said Clerk shall refuse to permit
or shall not permit the said Trustees or either of them, or any Person
rated or assessed as aforesaid, to inspect such Book or Books, or to take
such Copies of or Extracts from the same as aforesaid, when required,
such Clerk shall for every such Offence forfeit and pay a Sum not
exceeding Ten Pounds.
VIII. And be it further enacted, That all the Footways and Carriageways
now formed and which hereafter shall be formed in the said Square, and
all other Footways and Carriageways which now are or hereafter may be
laid out and formed in or upon the said Piece of Land belonging to the
said _William Farlar_, and also the Footway next the Turnpike Road, such
Footway extending from the Entrance of the Mews behind _Brompton Row_,
and behind the East Side of the said Square, Westward along the South End
of the said Square and in front of _Brunswick Place_, to the Entrance of
_Cottage Place_, and the Mews behind the West Side of the said Square,
and also all the Houses and Buildings now erected and which hereafter
shall be erected upon the said Piece of Land belonging to the said
_William Farlar_, shall be deemed to be within the Jurisdiction of this
Act; and that it shall be lawful for the said Trustees to cause all the
said Footways and Carriageways to be properly formed, paved, or
gravelled, amended and kept in repair, upon such Levels and in such
Manner and with such Materials as they shall judge necessary, and to
cause the said Carriageways to be cleansed and watered, and Drains,
Sinks, and Watercourses to be made for conveying the Water off and from
the said Footways and Carriageways, and Posts and Rails or Chains to be
set up for the Protection and Preservation of the Foot Pavements or any
Part thereof, and to cause to be done or made all such Works,
Alterations, and Improvements in and about the said Footways and
Carriageways as the said Trustees shall from Time to Time deem necessary
and proper for the making, maintaining, and supporting the same; and if
any Person or Persons shall dig, break, or take up the said Footways or
Carriageways, or any Part thereof, without the Consent of the said
Trustees, or of some Person empowered by them to give such Consent, every
such Person shall for every such Offence forfeit and pay a Sum not
exceeding Ten Pounds.
IX. And be it further enacted, That if and as often as any of the
Footways or Carriageways within the Jurisdiction of this Act, or any Part
or Parts thereof, shall be dug up, opened, or disturbed for the Purpose
of laying down, altering, repairing, renewing, or removing any Pipe or
Pipes, or for any other Purpose whatsoever, then and in every such Case
all and every the Works, Business, and Matters for or in respect whereof
such Footways or Carriageways respectively, or any Part or Parts thereof,
shall be so dug up, opened, or disturbed, shall be executed and completed
with all possible Expedition, and in every such Case (whether such
Footways or Carriageways shall be so dug up, opened, or disturbed with or
without the Consent of the said Trustees) the Company or Companies,
Person or Persons respectively, who from Time to Time shall cause or
direct the said Footways or Carriageways, or any Part or Parts thereof
respectively, to be so dug up, opened, or disturbed, shall at their own
Costs and Charges cause the same to be forthwith well and substantially
filled up, rammed down, repaired, and gravelled, and put into as good,
sound, and perfect a State and Condition in all respects as the said
Footways and Carriageways respectively were in immediately before the
same being so dug up, opened, or disturbed; and in case any such Company
or Companies, Person or Persons, shall neglect or refuse so to do for the
Space of Twenty-four Hours next after the Completion of the Works,
Business, or Matters in respect whereof the same shall be so dug up,
opened, or disturbed, it shall be lawful for the said Trustees to cause
such Footways and Carriageways respectively to be forthwith well and
substantially filled up, rammed down, repaved, gravelled, and put into
such good, sound, and perfect Condition as aforesaid; and all the Costs,
Charges, and Expences thereof shall be repaid to the said Trustees by the
Company or Companies, Person or Persons respectively, who shall have
caused or directed the same Footways or Carriageways respectively to be
so dug up, opened, or disturbed; and unless all such Costs, Charges, and
Expences shall be so repaid to the said Trustees (on Demand made thereof
by the Clerk or Collector for the Time being appointed or employed by the
said Trustees), then all such Costs, Charges, and Expences may be
recovered from the Company or Companies, Person or Persons, hereby made
liable to repay the same as aforesaid, in the same Manner as any Penalty
or Forfeiture incurred under the Provisions contained in this Act may be
levied or recovered before any Justice of the Peace.
X. And be it further enacted, That it shall be lawful for the said
Trustees from Time to Time to cause such Lamp Posts, Lamp Irons, and
Lamps to be set up in or about the Footways and Carriageways within the
Jurisdiction of this Act, or upon or against the Walls or Palisadoes of
or belonging to any adjoining or contiguous House or Building, as they
shall deem necessary for lighting the said Footways and Carriageways, and
to cause such Lamps to be lighted with Oil or Gas during such Hours and
Seasons as they shall from Time to Time deem necessary or proper; and if
any Person or Persons shall extinguish the Light in any such Lamp whilst
the same ought to be kept burning, every such Person shall for every such
Offence forfeit and pay a Sum not exceeding Five Pounds: Provided always,
that if any Damage shall be occasioned to any Building or Wall, or to any
Rails or Palisadoes, by the affixing, setting up, taking down, altering,
or repairing any such Lamp or Lamp Iron, or the Fastenings thereof, the
said Trustees shall immediately cause such Injury or Damage to be well
and sufficiently repaired, and the Expence thereof shall be paid out of
any Money which shall be raised under the Authority of this Act: Provided
also, that nothing herein contained shall authorize the said Trustees to
cause any Pipe or Pipes for the Conveyance of Gas to be affixed or
continued upon or against any House or Building, except it be with the
Consent of the Occupier of such House or Building.
XI. And be it further enacted, That all Pipes and other Conduits to be
laid or used for the Conveyance of Gas in, under, through, along, across,
or round the said Square called _Brompton Square_, or any other Place
within the Jurisdiction of this Act, shall be laid at the greatest
practicable Distance from any Water Pipe now or for the Time being laid
down for the Conveyance of Water under, through, along, across, or round
the said Square, or any such other Place as aforesaid, except in Cases
where it shall be unavoidably necessary to lay the Gas Pipes across any
of the Water Pipes, in which Case the Gas Pipes shall be laid over and
above the Water Pipes at the greatest practicable Distance therefrom, and
shall form therewith a Right Angle, and in that Case the Gas Pipes so
crossing the Water Pipes shall be at the least Six Feet in Length, so
that no Joint of any such Gas Pipe shall be nearer to any Part of any
such Water Pipes than Three Feet at the least; and in laying down the Gas
Pipes, the said Trustees, or the Company, Contractor, or other Person or
Persons supplying Gas or laying down Pipes for the Conveyance thereof,
shall in no Case join Two or more Pipes together previously to their
being laid in the Trench, but shall lay each Pipe as nearly as may be in
its Place in the Trench, and shall in such Trench properly form the
Jointing with the other Pipes to be added thereto with proper and
sufficient Material, and shall also make and keep all and every such
Trench and all Pipes connected or communicating therewith and all the
Screws Joints, Inlets, and Apertures therein respectively, air-tight, and
in every respect prevent the Gas from escaping therefrom, upon pain of
forfeiting for every Offence the Sum of Five Pounds.
XII. And be it further enacted, That in case any Pipe, Cock, or Branch
shall in pursuance of the Powers herein contained be carried or laid from
any Main or Pipe belonging to the said Trustees, or to any Gas Light
Company, or other Person or Persons contracting to light or lighting with
Gas the said Square or any other Place within the Limits or Jurisdiction
of this Act, into, through, or against any private Dwelling House,
Building, Yard, or Ground, for any Purpose whatsoever, and the Owner or
Occupier of any such private Dwelling House, Building, Yard, or Ground
shall be desirous that the same Pipe, Cock or Branch, shall be altered or
removed and taken away, and of such Desire shall give Notice in Writing
to the said Trustees, or to such Gas Light Company, or other Person or
Persons so contracting to light or lighting with Gas as aforesaid, then
and in every such Case the said Trustees, or such Gas Light Company, or
other Person or Persons so contracting to light or lighting with Gas as
aforesaid, shall within Seven Days next after the Service of such Notice
at the usual Office or Place of transacting Business of the said
Trustees, Gas Light Company, or other such Person or Persons as aforesaid
respectively, alter or remove and take away, or cause to be altered or
removed and taken away, all or any such Pipes, Cocks, and Branches
respectively, and in default thereof it shall be lawful for such Owner or
Occupier, or any Person or Persons acting under the Authority of such
Owner or Occupier, to cause such Pipes and Branches respectively to be
altered or removed and taken away, as the Case may require; and all the
Costs and Expences of and incident to every such Alteration or Removal
shall be paid by the said Trustees, or by such Gas Light Company, or
other Person or Persons contracting to light or lighting with Gas as
aforesaid, and may be recovered in the same Manner as any Penalty or
Forfeiture which shall be incurred under the Provisions contained in this
Act may be levied or recovered, before a Justice of the Peace.
XIII. And be it further enacted, That whenever the Water which shall be
supplied by any Water Works Company, or Company established for the
Supply of Water, shall be contaminated or affected in any way whatsoever
by the Gas of the said Trustees, or of any Gas Light Company, or other
Person or Persons contracting to light or lighting with Gas the said
Square called _Brompton Square_, or any other Place or Places within the
Jurisdiction of this Act, then and in every such Case the said Trustees,
Gas Light Company, or other Person or Persons so contracting to light or
lighting with Gas as aforesaid, shall, within Twenty-four Hours next
after Notice thereof in Writing, signed by any One of the Directors, or
by the Secretary or Chief Clerk for the Time being of any such Water
Works Company, and left at the usual Office or Place of transacting
Business of the said Trustees, Gas Light Company, or other Person or
Persons contracting to light or lighting with Gas as aforesaid, cause
Measures to be taken effectually to stop and prevent such Gas from
contaminating or affecting the Water of any such Water Works Company; and
in case the said Trustees, Gas Light Company, or other Person or Persons
contracting to light or lighting with Gas as aforesaid, shall not, within
Twenty-four Hours next after each and every such Notice so left as
aforesaid, effectually remove the Cause of every such Complaint, and
prevent all and every such Contamination whereof Notice shall be given as
aforesaid, then and in every such Case the said Trustees, or such Gas
Light Company, or other Person or Persons contracting to light or
lighting with Gas as aforesaid, shall on each and every Complaint whereof
Notice shall be given as aforesaid forfeit and pay to the Secretary or
Chief Clerk of such Water Works Company, for the Use and Benefit of such
Company, the Sum of Ten Pounds for each and every Day during which the
Water supplied by any such Water Works Company shall be and remain
contaminated or affected by the Gas of the said Trustees, Gas Light
Company, or other Person or Persons contracting to light or lighting with
Gas as aforesaid; and every such Penalty or Forfeiture shall and may be
levied and recovered for the Use of such Water Works Company, in the same
Manner as any other Penalty or Forfeiture which shall be incurred under
the Provisions contained in this Act may be levied and recovered before a
Justice of the Peace, with Costs, to be assessed by such Justice.
XIV. And whereas it may be or become a Question upon such Complaint as
aforesaid whether the said Water be contaminated or affected by the Gas
of the Trustees, Gas Light Company, or other Person or Persons so
contracting to light or lighting with Gas the said Square, or such other
Place or Places as aforesaid; be it therefore enacted, That in every such
Case it shall be lawful for any such Water Works Company at aforesaid to
dig to and about, and to search and examine all or any of the Mains,
Pipes, Conduits, and Apparatus of the said Trustees, Gas Light Company,
or other Person or Persons contracting to light or lighting with Gas as
aforesaid, for the Purpose of ascertaining whether such Contamination
proceed or be occasioned by the Gas of the said Trustees, or of each Gas
Light Company, or other Person or Persons; and if it shall appear that
the said Water has been contaminated or affected by any Escape of Gas,
then and in every such Case the Costs and Expences of the said Digging,
Search, and Examination, and of the Repair of the Pavement of the Street
or Place which shall be taken up or disturbed, shall be borne and paid by
the said Trustees, Gas Light Company, or other Person or Persons by whose
Gas the said Water shall be so contaminated as aforesaid, which Costs and
Expences shall be ascertained and determined (if necessary) by any
Justice of the Peace, and may be levied and recovered in the same Manner
as any Penalty or Forfeiture which shall be incurred under the Provisions
contained in this Act may be recovered before a Justice of the Peace:
Provided always, that if upon such Examination it shall appear that such
Contamination has not arisen from any such Escape of Gas from any of the
Mains, Pipes, or Conduits of the said Trustees, Gas Light Company, or
other Person or Persons contracting to light or lighting with Gas as
aforesaid, then and in every such Case the Water Works Company by whom or
on whose Behalf such Examination and Search shall be made shall bear and
pay all the Costs, Charges, and Expences of and incident to such
Examination and Search, and shall also make good to the said Trustees,
Gas Light Company, or other Person or Persons so contracting to light or
lighting with Gas as aforesaid, any Loss, Injury, or Damage which may be
occasioned to the Mains, Pipes, Conduits, or Apparatus of the said
Trustees, Gas Light Company or other Person or Persons as aforesaid, in
and by such Search and Examination, and also any Injury or Damage which
may be done in or about any of the Footways or Carriageways which shall
be broken up or disturbed in such Search or Examination; the Amount of
such Injury, Loss, or Damage to be ascertained and determined, if
necessary, by any such Justice of the Peace as aforesaid.
XV. And be it further enacted, That whenever any Gas shall be found to
escape from any Pipe or Pipes which shall be laid down, set up, or used
in or about the lighting _Brompton Square_, or any other Place or Places
within the Jurisdiction of this Act, the said Trustees, or the Gas Light
Company, or other Person or Persons contracting to light or lighting with
Gas the said Square, or such other Place or Places as aforesaid, shall,
immediately after Notice given to them or him respectively, by Parol or
in Writing, of any such Escape of Gas, from any Person or Persons
whomsoever, cause the most speedy and effectual Measures to be taken to
stop and prevent such Gas from escaping; and in case the said Trustees,
Gas Light Company, or other Person or Persons so contracting to light or
lighting with Gas the said Square or other Place or Places respectively,
shall not, within Twenty-four Hours next after such Notice given,
effectually stop and prevent any future Escape of Gas, and wholly and
satisfactorily remove the Cause of Complaint, then and in every such Case
the said Trustees, or the Gas Light Company, or other Person or Persons
so contracting to light or lighting with Gas as aforesaid, shall for
every such Offence forfeit and pay the Sum of Five Pounds for each Day
after the Expiration of Twenty-four Hours from the Time of giving any
such Notice, during which the Gas shall be suffered to escape as
aforesaid; which Penalty or Penalties shall from Time to Time be
recoverable in a summary Way, in the same Manner as any other Penalty or
Forfeiture which shall be incurred under the Provisions contained in this
Act may be recovered.
XVI. And be it further enacted, That if the said Trustees, or any Gas
Light Company, or other Person or Persons whomsoever contracting to light
or lighting with Gas the said Square called _Brompton Square_, or any
other Place or Places within the Jurisdiction of this Act, shall at any
Time drain, carry, or convey, or cause or suffer to be drained, carried,
or conveyed, or to run or flow, any Washings or other Liquid, or any
other Matter or Thing whatsoever which shall arise or be made in or about
the Prosecution of their Gas Works or the Manufacture of Gas, into the
River _Thames_, or any other River, or into any Brook, Stream, Reservoir,
Canal, Aqueduct, Waterway, Feeder, Pond, or Spring Head, or into any
Drain, Sewer, or Ditch communicating with any of them, or shall do any
Annoyance, Act, or Thing to the Water contained in any of them whereby
such Water or any Part thereof shall or may be soiled, fouled, or
corrupted, then and in every such Case the said Trustees or such Gas
Light Company, or other Person or Persons so contracting to light or
lighting with Gas the said Square, or such other Place or Places as
aforesaid, shall for every such Offence forfeit and pay the Sum of Two
hundred Pounds to any Person or Persons who shall sue for the same in any
of His Majesty’s Courts of Record at _Westminster_, by Action of Debt or
on the Case, wherein no Essoign, Protection, or Wager of Law, and not
more than One Imparlance, shall be allowed; Provided always, that no such
Penalty or Forfeiture shall be recoverable, unless the same be sued for
within Twelve Calendar Months next after such Annoyance, Injury, Damage,
Act, or Thing shall have ceased: Provided also, that in addition to the
said Penalty of Two hundred Pounds (and whether such Penalty shall or
shall not be sued for or recovered), in case any Washings or other
Liquid, or any other Matter or Thing whatsoever which shall arise or be
made in or about the Prosecution of such Gas Works, or the Manufacture of
Gas as aforesaid, shall be drained, conducted, or conveyed, or caused or
suffered to run or flow into the said River _Thames_, Or any other River,
or into any Brook, Stream, Reservoir, Canal, Aqueduct, Waterway, Feeder,
Pond, or Spring Head, or into any Drain, Sewer, or Ditch, communicating
with any of them, or if any such Annoyance, Act, or Thing shall be done
or caused to be done as aforesaid, and Notice thereof in Writing shall be
given by any Person or Persons whomsoever to the said Trustees, or to the
Gas Light Company, or other Person or Persons so contracting to light or
lighting with Gas the said Square, or such other Place or Places as
aforesaid, and if the said Trustees, or such Gas Light Company, or other
Person or Persons as last aforesaid, shall not, within Twenty-four Hours
next after every such Notice as aforesaid, stop and prevent all such
Washings or other Liquids, and all such other Substances and Things as
aforesaid from being drained, conducted, or conveyed, or from running or
flowing in manner aforesaid, and also cause any such other Annoyance,
Act, or Thing as aforesaid to be discontinued, then and in every such
Case the said Trustees, Gas Light Company, or other Person or Persons so
offending shall forfeit and pay the Sum of Twenty Pounds for each and
every Day such Washings or other Liquids, or other Matters or Things,
shall be so drained, conducted, or conveyed, or caused or suffered to run
or flow in manner aforesaid, or such other Annoyance, Act, or Thing shall
be so done or caused to be done as aforesaid; and such last-mentioned
Penalty shall and may be levied and recovered in the same Manner as any
other Penalty or Forfeiture which shall be incurred under the Provisions
contained in this Act may be levied or recovered, and shall be paid to
the Informer or Informers, or to the Person or Persons who in the
Judgment of the Justice or Justices before whom the Conviction shall take
place shall have sustained any Annoyance, Injury, or Damage by the Act,
Matter, or Thing in respect whereof such Penalty or Forfeiture shall be
inflicted.
XVII. And be it further enacted, That it shall be lawful for the said
Trustees from Time to Time to appoint so many able-boded Men to act as
Watchmen, and to patrol, watch, and guard the said Square, and all other
Places within the Jurisdiction of this Act, during such Hours and at such
Wages as the said Trustees shall think proper, and to provide suitable
Arms and Clothing for such Watchmen, and also to provide and set up
Watchboxes for their Reception at such Places as the said Trustees shall
think necessary; and also to provide a proper Watchhouse or Place for the
safe Custody of such Persons as may be apprehended by such Watchmen while
on Duty; and that such Watchmen shall act as Constables during the Hours
appointed for their watching, and shall have, exercise, and enjoy all
such and the like Powers and Authorities, Privileges and Immunities, as
any Constable may have and enjoy by Law; and every Person who shall
assault or resist, or promote or encourage the assaulting or resisting,
any such Watchman in the Execution of his Duty, and also every Victualler
who shall harbour or entertain any Watchman during any Part of the Time
appointed for his being on Duty, shall for every such Offence forfeit and
pay a Sum not exceeding Five Pounds; and in case and as often as any such
Watchman shall misbehave himself or neglect his Duty, he shall forfeit
and pay a Sum not exceeding Two Pounds.
XVIII. And be it further enacted, That it shall be lawful for the said
Trustees from Time to Time to cause the Name of the said Square, and of
any other Street or Place within the Jurisdiction of this Act, to be
painted or otherwise described in a conspicuous Part of any House or
Building within such Square, Street, or Place respectively; and also from
Time to Time to cause all the Houses, Buildings, and Tenements within the
Jurisdiction of this Act to be distinguished by Numbers, to be painted or
affixed upon the Entrance Doors thereof respectively; and if any Person
or Persons shall alter or wilfully deface or remove any such Name or
Number, or any Part thereof, or if any Person or Persons for the Time
being chargeable with the Rates which shall be made in pursuance of this
Act in respect of any House, Building, or Tenement of which the Number
shall be so altered, defaced, or removed, shall not perfectly reinstate
such Number within Seven Days next after such Person or Persons
respectively shall be required so to do by a Notice from the said
Trustees or their Clerk, every such Person shall for every such Offence
forfeit and pay a Sum not exceeding Five Pounds.
XIX. And be it further enacted, That proper Gates shall be erected and
at all Times kept up and preserved by the said Trustees, across the
Footways and Carriageways at the Entrance to _Brompton Square_ next the
Turn-pike Road, so as to inclose and keep the same Footways and
Carriageways (such footways and Carriageways not being now public
Highways) private, as far as may be consistent with the general
Convenience of the Occupiers of Houses in the said Square; and which said
Gates shall be kept closed during such Hours between Ten of the Clock at
Night and Seven of the Clock in the Morning, as the said Trustees shall
direct, and during those Hours a Key or Keys thereof shall be left in the
Charge of the Watchman or Watchmen on Duty in the said Square.
XX. And be it further enacted, That the said Trustees shall contract
with or employ some Person or Persons to cleanse the Carriageways, and
take away the Dust, Cinders, Ashes, and Rubbish (not being Rubbish
arising from Building or Repairs) from the Houses of the Inhabitants
within the Jurisdiction of this Act; and if any Person or Persons (not
being duly authorized by the said Trustees, and not acting under or on
behalf of a Person so authorized) shall go about to collect or gather, or
shall ask for, receive, or carry away any Dust, Cinders, or Ashes from
any House, Building, or Place within the Jurisdiction of this Act, every
Person so offending shall for every such Offence forfeit and pay a Sum
not exceeding Ten Pounds.
XXI. And, to the Intent that a Pleasure Garden or Shrubbery may be
maintained and preserved within the inclosed Area of the said square, for
the Embellishment thereof, and for the Use of the Inhabitants of the
Houses in the said Square; be it further enacted, That it shall be lawful
for the said Trustees from Time to Time to contract for, and in the Names
of any Five or more of the said Trustees, to take and accept from the
said _William Farlar_, his Heirs or Assigns, a Lease or Leases of all
Ground now laid out and which hereafter shall be laid out as or for an
inclosed Area in the said Square, at such Rent or Rents, and subject to
such Stipulations and Conditions as shall from Time to Time be settled
and agreed upon between the said Trustees and the said _William Farlar_,
his Heirs or Assigns, so that such Rent or Rents shall not in the whole
at any one Time exceed the yearly Sum of Thirty Pounds, and the Estate
and Interest of the Lessees in every such Lease shall by virtue of this
Act absolutely vest in the Trustees for the Time being; and such Rent or
Rents, and the Costs and Charges of and incident to the Performance of
such Stipulations and Conditions, and also the Costs and Charges of every
such Lease, shall be paid out of the Rates to be made by virtue of this
Act; and during the Continuance of every such Lease the said inclosed
Area (subject to the Stipulations and Conditions which shall be contained
in every such Lease respectively) shall be kept and maintained as and for
a private Pleasure Garden and Shrubbery, for the exclusive Use and
Enjoyment of the Persons for the Time being occupying Houses in the said
Square (subject to the Regulations and Provisions contained in this Act),
and shall be kept securely fenced in and inclosed with good and
substantial Iron Railing, and proper Entrance Gates, and with good and
secure Locks on all such Gates; and no Person or Persons whomsoever other
than the Occupiers of Houses in the said Square (not being menial
Servants) shall be entitled to have or use any Key or Keys of the said
inclosed Area, except it be with the Consent in Writing of the Majority
of the said Trustees, who for the Time being shall be Occupiers of Houses
in the said Square: Provided always, that the Owners and Occupiers of
Houses in the said Square called _Brompton Square_ built previously to
the passing of this Act, shall, notwithstanding any thing herein-before
contained, have and enjoy all Right and Interest, if any, which such
Owners or Occupiers respectively may have, or be entitled to, in the
inclosed Area of the said Square under or by virtue of any Covenant or
Agreement now in existence.
XXII. And be it further enacted, That it shall be lawful for the said
Trustees to contract, by the Year or otherwise, with any Person or
Persons for the doing of any Works or Business whatsoever relating to or
connected with the Execution of this Act, so that no such Contract shall
continue in force for more than Three Years from the Time of contracting,
and the Clerk to the said Trustees shall enter all such Contracts in a
Book or Books to be provided and kept for that Purpose.
XXIII. And be it further enacted, That all the Paving Stones, Gravel,
and other Materials of which the Footways and Carriageways within the
Jurisdiction of this Act shall for the Time being consist, and the Posts
and Rails which shall be set up for the Protection of the said Footways,
and also all the Lamp Posts, Lamp Irons, Lamps, and other Utensils which
the said Trustees shall from Time to Time cause to be set up or used for
lighting the said Footways and Carriageways, and the Watchboxes, Arms,
and Clothing which shall be provided by the said Trustees for the Use of
the Watchmen who shall be employed in pursuance of this Act, and also
(during the Continuance of any Lease of the inclosed Area of the said
Square which shall be granted to the said Trustees as aforesaid) the Iron
Railing, Fences, Gates, and Locks of and belonging to the said inclosed
Area, and the Fences, Plants, Shrubs, and Herbage in the said inclosed
Area for the Time being, and also the Materials of which the Gravel Walks
therein for the Time being shall be formed and consist, shall for all
Purposes be deemed and considered as vested in the said Trustees, and
shall in all Actions, Suits, Indictments, Complaints, Convictions, and
other Proceedings whatsoever relating thereto, be described generally as
the Property of the Trustees for regulating and improving _Brompton
Square_ and certain adjacent Places, without naming the said Trustees or
any of them.
XXIV. And be it further enacted, That if any Person or Persons shall
wilfully or maliciously destroy or damage any of the Footways or
Carriageways within the Jurisdiction of this Act, or any Part thereof, or
any Post, Rail, Lamp Post, Lamp Iron, Lamp, Watchbox, Arms, Clothing, or
other Utensil or Thing which shall be provided by or in pursuance of the
Directions of the said Trustees, or any of the Iron Railing, Fences,
Gates, Locks, Trees, Plants, Shrubs Herbage, or Gravel Walks of or
belonging to the inclosed Area of the said Square, or any of them, or any
Part thereof respectively, every such Person shall for every such Offence
forfeit and pay a Sum not exceeding Five Pounds; and every such Person,
and also every Person by whom any of the said Footways and Carriageways,
Lamp Posts, Lamp Irons, Lamps, Watchboxes, Arms, Clothing, Iron Railing,
Fences, Gates, Locks, Trees, Plants, Shrubs, Herbage, Gravel Walks,
Utensils and Things, or any of them or any Part thereof respectively,
shall be carelessly or accidentally destroyed or damaged, shall make full
Satisfaction for the Damage or Injury done or committed by him, her, or
them respectively; and unless such full Satisfaction shall be forthwith
made, any Justice of the Peace, upon Application to him for the Purpose
by or on behalf of the said Trustees, may award such Sum of Money to be
paid to the said Trustees by way of Satisfaction for such Damage as such
Justice shall think reasonable, and the same shall be recovered in the
Manner herein-after provided for the Recovery of any Fine, Penalty, or
Forfeiture to be inflicted or imposed under the Provisions of this Act.
XXV. And be it further enacted, That if at any Time or Times during the
Continuance of any Lease or Leases of the inclosed Area of the said
Square, any Person or Persons shall, without the Consent in Writing of
the said Trustees, make or cause to be made, or shall sell or cause to be
sold, or shall offer for Sale any Key or Keys for unlocking or opening
the Gates of the inclosed Area of the said Square, or any of them, or if
any Person or Persons shall knowingly purchase or use any Key or Keys so
unlawfully made or sold, every such Person shall for every such Offence
forfeit and pay a Sum not exceeding Ten Pounds, and it shall be lawful
for the said Trustees or any of them, or any Person or Persons in their
Service or Employ, or acting under their Authority, to seize and to
detain and keep or to destroy every such Key.
XXVI. And be it further enacted, That to enable the said Trustees to
carry this Act into Execution it shall be lawful for them from Time to
Time to make such Rates as they shall deem needful upon the Tenants and
Occupiers of all Lands, Houses, Shops, Coach-houses, Stables, Erections,
Buildings, and other Tenements whatsoever within the Jurisdiction of this
Act, in such Sums of Money as the said Trustees shall think proper, so
that such Rates shall be just and equal Pound Rates, according to the
annual Rent or Value of the Premises thereby assessed, and so that the
Costs and Expences of and incident to the enclosed Area of the said
Square shall be wholly borne by the Tenants and Occupiers of Houses in
the said Square, and so that in every such Rate it shall distinctly
appear what Part thereof shall be raised in respect of the said
last-mentioned Costs and Expences, and so that the said Rates shall not
in any One Year exceed the Sum of Two Shillings in the Pound of the
annual Rent or Value of the Property rated, except as to Houses in the
said Square, after such Lease of the enclosed Area of the said Square
shall be obtained as aforesaid, and during the Continuance of every such
Lease, and so that in the last-mentioned Cases the Rates in respect of
the Houses in the said Square shall not in any One Year exceed the Sum of
Two Shillings and Sixpence in the Pound of the Rent or annual Value
thereof; and in making the said Rates, all Stables, Coach-houses, and
other Buildings which shall belong to or be held and occupied with any of
the Houses in the said Square, and within the Jurisdiction of this Act,
shall be respectively rated with such Houses, and not as separate
Buildings; and to facilitate the making of the said Rates, it shall be
lawful for the said Trustees, or any Person or Persons appointed by them,
at all seasonable Times to examine the Books of Assessment to any Public,
Parliamentary. Parochial, or Local Tax charged upon or affecting the
Houses, Buildings, or Tenements within the Jurisdiction of this Act, or
any of them.
XXVII. And be it further enacted, That in every Rate to be made as
aforesaid, the Landlord or Proprietor of every House or Tenement within
the Jurisdiction of this Act, which shall be occupied by any Ambassador,
Foreign Minister, or other Person not compellable by Law to pay such
Rate, shall be deemed to be and shall be rated as the Occupier thereof
respectively.
XXVIII. And be it further enacted, That whenever any House within the
Jurisdiction of this Act shall be let out ready furnished, or shall be
let out, furnished or unfurnished, in separate Tenements, or wholly or in
part to a Lodger or Lodgers, the Landlord or Owner, being the Person or
Persons claiming or receiving the Rent payable by the Occupier or
Occupiers of every such furnished House, Tenement, or furnished Lodging
respectively, shall be deemed to be and shall be rated as the Occupier
thereof: Provided always, that the Goods and Chattels of every Occupier
of any such ready-furnished House or separate Tenement or Lodging, shall
(without Prejudice to the Liability of the Person or Persons so rated) be
liable to be distrained for raising such Rates, and all Arrears thereof,
so that in no Case any greater Sum shall be levied by Distress of the
Goods and Chattels of any such Occupier than shall at the Time of making
such Distress be actually due from such Occupier for the Rent of the
Premises in which such Distress shall be made: Provided also, that every
such Occupier who shall pay any such Rate or Rates, or upon whose Goods
and Chattels the same shall be levied, shall and may deduct the Amount of
the Sum or Sums which shall be so paid or levied out of any Rent payable
by such Occupier to the Person or Persons rated; and such Payment shall
be a sufficient Discharge to every such Occupier for so much of such Rent
accordingly.
XXIX. And be it further enacted, That every Rate which shall be made for
the Purposes of this Act may from Time to Time be altered and amended by
the said Trustees at any Meeting pursuant to this Act, either by
inserting the Name or Names of any Person or Persons who ought to have
been rated or who shall have come into the Possession of any rated or
rateable House, Building, or Tenement during the Time for which any Rate
may be payable, or by striking out the Name or Names of any Person or
Persons who ought not to have been rated, or by raising or lowering the
Sum or Sums charged upon any Person or Persons, or by apportioning
between any outgoing and incoming Tenant any Sum or Sums which shall be
charged upon either in such Rate or otherwise as the said Trustees shall
think necessary for making such Rate a just and equal Rate; and the
Monies charged to any Person or Persons in consequence of any such
Alteration or Amendment may be recovered and levied in the same Manner as
if such Alteration or Amendment had been an original Insertion.
XXX. And be it further enacted, That the first Rate which shall be made
by virtue of this Act shall be for Two Quarters ending at _Christmas Day_
next after the passing of this Act, and that every subsequent Rate shall
be for One whole Year, commencing from the Expiration of the Term for
which the preceding Rate shall have been made; and that all the said
Rates shall become due and be payable immediately upon the making
thereof, but may be collected in one or several Payments, or yearly,
half-yearly, or quarterly, as the said Trustees shall from Time to Time
direct; and that such Rates and all other Monies which shall become due
or be payable to the said Trustees in pursuance of the Provisions in this
Act contained shall be and are hereby vested in the said Trustees, and
shall be paid to such Person or Persons as the said Trustees shall from
Time to Time appoint to collect and receive the same, and shall be
applied and disposed of by the said Trustees in defraying the Expences of
and incident to the Execution of this Act, and otherwise as in or by this
Act is directed or authorized.
XXXI. And be it further enacted, That if any Person or Persons liable to
pay any Rate or Rates which shall be made in pursuance of this Act, or
any Part or Parts of any such Rate or Rates, shall refuse or neglect to
pay the same, it shall be lawful for any Justice of the Peace for the
County of _Middlesex_, and every such Justice is hereby authorized and
empowered (such Defaulter having been first duly summoned to appear
before such Justice or Justices to shew Cause for such Refusal or
Neglect, and not having appeared upon such Summons, or having appeared
and not shewn good and sufficient Cause to such Justice that he, she, or
they, is or are not chargeable with such Rate or Rates) to grant a
Warrant under his Hand and Seal, authorizing the Person appointed to
collect the same Rates as aforesaid, or any other Person or Persons, to
levy such Rate or Rates, and all Arrears thereof, together with all
incidental Coats and Expences, by Distress of the Goods and Chattels of
the Person or Persons so neglecting or refusing; and if the said Rate or
Rates, and all Arrears thereof, together with all such Costs as
aforesaid, and also all Costs of and incident to the taking and detaining
the Distress, shall not be paid within Five Days next after the Distress
shall be taken, the Person appointed to collect the said Rates, or other
Person authorized by the said Warrant, shall cause the Goods and Chattels
distrained to be appraised and sold, or such Part thereof as shall be
sufficient to pay the said Rate or Rates, and all Arrears thereof, and
all such Costs and Expences as aforesaid, and the Costs and Expences of
keeping, appraising, and selling the Distress, and after full Payment of
the same, shall return the Overplus (if any) to the Owner or Owners of
such Goods and Chattels respectively, on Demand made thereof by such
Owner or Owners; and in default of such Distress it shall be lawful for
any such Justice to commit the Person or Persons so neglecting or
refusing to pay such Rate or Rates, and all Arrears thereof, and all
attendant and incidental Costs and Expences as aforesaid, to the Common
Gaol or House of Correction, there to remain without Bail or Mainprize
for any Time not exceeding Six Calendar Months, unless Payment shall be
sooner made of such Rate or Rates, and all Arrears thereof as aforesaid,
together with all Costs and Expences attendant upon and incident to the
Recovery thereof (such Costs and Expences to be ascertained and
determined by such Justice); and subject and without Prejudice to the
Powers and Remedies herein before provided for the Recovery of the said
Rates, the said Trustees may sue for and recover the same, with full
Costs of Suit, in any Court of Request, or by Action of Debt in any of
His Majesty’s Courts of Record; and in every such Action it shall be
sufficient to declare that the Defendant is indebted to the Plaintiff in
the Sum sought to be recovered by virtue of a Rate (or of several Rates,
as the Case may require) made in pursuance of this Act.
XXXII. And be it further enacted, That it shall be lawful for the said
Trustees to borrow at Interest, or to raise by the Sale of One or more
Annuity or Annuities for a Life or Lives (subject to the Restrictions
herein-after contained), any Sum or Sums of Money which the said Trustees
shall from Time to Time require, in or about the Execution of this Act;
and the said Trustees shall make and deliver to the Person or Persons
from whom any Money shall be so borrowed One or more Promissory Note or
Notes in the Form or to the Effect following, to the Amount of the Money
so borrowed; namely,
‘THE Trustees for regulating and improving _Brompton Square_ and
certain adjacent Places, acting in the Execution of an Act of the
Fifth Year of King _George_ the Fourth, intituled [_here insert the
Title of this Act_], hereby promise to pay to — —, — — Executors or
Administrators, or — — or their Order, by Indorsement hereon, out of
the Rates to be made in pursuance of the said Act, the Sum of —
Pounds on the — Day of — [_here name a Day for the Payment of the
Money_, _not being less than Five Years nor more than Fifteen Years
from the Date of the Note_], and also Interest for the same from the
Date hereof, at the Rate of — _per Centum per Annum_, by half-yearly
Payments, on every — Day of — and — Day — in the meantime. In
witness whereof Three of the said Trustees have hereunto subscribed
their Names, the — Day of —.’
And the said Trustees shall also make and deliver to the Purchaser or
Purchasers of every such Annuity, a Grant thereof in the Form or to the
Effect following:
‘THE Trustees for regulating and improving _Brompton Square_ and
certain adjacent Places, acting in the Execution of an Act of the
Fifth Year of King _George_ the Fourth, intituled [_here insert the
Title of this Act_] in consideration of the Sum of — paid to them by
— of — do hereby grant to — an Annuity of — a Year during —, and to
be paid half-yearly on the — Day of — and the — Day of — out of the
Rates to be made in pursuance of the said Act. In witness whereof
Three of the said Trustees have hereunto set and affixed their Hands
and Seals, the Day — of —.’
And the Money expressed to be made payable in every such Promissory Note
as aforesaid, and the Interest thereof, and also every Annuity which
shall be granted as aforesaid, shall be and are hereby respectively
charged upon and made payable out of the Rates to be made by virtue of
this Act, and shall be paid accordingly; and every such Promissory Note
shall be transferable by Indorsement and Delivery, in the same Manner as
any other Promissory Note is by Law transferable; and every such Annuity
shall be and be deemed Personal Estate; but no such Annuity shall be
granted for the Lives of more than Two Persons, or be made to depend on
the Life or Lives of any Person on Persons who at the Time of granting
such Annuity shall be under the Age of Thirty-five Years, nor shall any
such Annuity be granted so as to produce to the Purchaser an Income
exceeding by more than One-fifth the Income which a Sum equal in Amount
to the Purchase Money for the same would produce if then invested in the
Purchase of a similar Annuity, according to the Rate prescribed by Two
several Acts, one made in the Forty-eighth Year of the Reign of His late
Majesty King _George_ the Third, intituled _An Act to enable the
Commissioners for the Reduction of the National Debt to grant Life
Annuities_, and the other made in the Fifty-second Year of the Reign of
His said late Majesty, intituled _An Act for amending Two Acts passed in
the Forty-eighth and Forty-ninth Years of His present Majesty_, _for
enabling the Commissioners for the Reduction of the National Debt to
grant Life Annuities_; and none of the said Trustees shall be personally
liable for the Payment of any Promissory Note or Annuity to be issued or
granted in pursuance of this Act.
XXXIII. And be it further enacted, That the Names of the Trustees
present at each Meeting in pursuance of this Act, and also all their
Orders and Proceedings at each such Meeting, shall be entered in a Book
or Books to be kept for that Purpose; and the Entry of the Proceedings at
each Meeting shall be signed by the Chairman at the next Meeting, and
such Entries being so signed shall be deemed Originals, and may be read
in evidence in all Courts whatsoever.
XXXIV. And be it further enacted, That if any Person or Persons shall
beat or dust, or cause to be beat or dusted, any Carpet or Carpets, or
shall slack, sift, or screen, or cause to be slacked, sifted, or
screened, any Lime or Rubbish, or shall mix any Mortar, or shall make or
assist in making any Bonfire, or shall discharge any Fireworks, or play
at Football, or any other Game in the said Square, or any Part thereof;
or if any Person or Persons shall set or place or cause to be set or
placed any Timber, Bricks, Stone, Lime, Mortar, or other Building
Materials, or any Stall, Stallboard, or Basket, or any Goods, Wares, or
Merchandize whatsoever, or any Mud, Dirt, Sand, Rubbish, Filth, Dung,
Ashes, or Dust, upon any Footway or Carriageway within the Jurisdiction
of this Act; or if any Person or Persons shall run, drive, or place, or
cause to be run, driven, or placed, any Coach, Chaise, Waggon, Cart,
Truck, Wheelbarrow, or other Carriage whatsoever, upon any Footway within
the Jurisdiction of this Act; or if any Person or Persons shall cause or
wilfully permit or suffer any Horse or other Beast or Cattle, which such
Person or Persons may be riding, driving, or leading, to go upon any such
Footway, or shall tie or fasten any Horse or other Beast or Cattle to any
House, Wall, Fence, Post, Rail, or other Thing whatsoever, across any
Footway or Carriageway within the Jurisdiction of this Act; or if any
Person or Persons shall place or put out, or cause or permit to be placed
or put out upon or before any House or Building next or towards any
Footway within the Jurisdiction of this Act, any Garden or other Pot or
Tub (except such Pot or Tub shall by Iron Rails or Bars be perfectly
secured from falling); or if any Person or Persons shall lead or drive
any Horse or other Beast in any Part of the said Square, either with or
without any Carriage, for the Purpose of breaking, exercising, trying, or
offering for Sale any such Horse or other Beast; or if any Person or
Persons shall empty or begin to empty any Boghouse, or to take away any
Night Soil from any House or Place within the Jurisdiction of this Act,
or shall come with Carts or Carriages for that Purpose (except between
the Hours of Twelve of the Clock at Night and Five of the Clock in the
Morning); or if any Person or Persons shall occasion any other Kind of
Obstruction or Annoyance whatsoever, in or upon any of the Footways or
Carriageways within the Jurisdiction of this Act, or shall obstruct or
incommode, hinder or prevent, the free Passage of any such Footway or
Carriageway, or prejudice or annoy in any Manner whatsoever any Person or
Persons travelling, passing, or going thereon; or if any Person or
Persons shall breed, feed, or keep any Kind or Species of Swine in any
House or Building within the Jurisdiction of this Act, or within any
Yard, Garden, or other Tenement held with any such House or Building;
every such Person shall forfeit and pay a Sum not exceeding Five Pounds
for every such Offence.
XXXV. Provided always, and be it further enacted, That no Person shall
be subject to any Penalty on account of any Rubbish, Building Materials,
or Scaffolding, being necessarily deposited or fixed in or upon any
Footway or Carriageway, before any House or Building which shall be
pulling down, rebuilding, or under Repair, so that the same be properly
enclosed, and convenient Space left for Carriages to pass and repass with
ease and Safety, and so that a sufficient Light be kept up and maintained
there from Sun-set to Sun-rise, to prevent Accidents, and so that all
such Rubbish, Building Materials, Enclosures, and Scaffolding
respectively, be removed within a reasonable Time after such pulling
down, rebuilding, or repairing shall be finished, or upon Notice signed
by the Clerk to the said Trustees, and given to the Owner or Occupier of
the House or Building which shall be so pulling down, rebuilding, or
under Repair, or affixed upon some conspicuous Part of such House,
Building, Enclosure, or Scaffolding: Provided also, that in case any
Person or Persons so depositing or affixing or causing to be deposited or
affixed any such Rubbish, Building Materials, or Scaffolding as
aforesaid, in or upon any of the said Footways or Carriageways as
aforesaid, shall not properly enclose the same, and leave convenient
Space for Carriages to pass and repass with Ease and Safety as aforesaid,
and also keep up a good and sufficient Light there from Sun-set to
Sun-rise, so as to prevent Accidents, or shall not remove any such
Rubbish, Building Materials, or Scaffolding upon such Notice as
aforesaid, every Person making default in any of the Cases aforesaid
shall forfeit and pay a Sum not exceeding Ten Pounds.
XXXVI. And be it further enacted, That it shall be lawful for any
Officer or Person employed in the Execution of this Act, without any
other Warrantor Authority than this Act, to seize and detain, and for any
other Person or Persons to assist in seizing and detaining any unknown
Person or Persons who shall commit any Offence punishable under this Act,
and to take such Offender or Offenders before a Justice of the Peace, in
order to his or her Conviction for such Offence.
XXXVII. And be it further enacted, that if any Person or Persons shall
obstruct, hinder, or molest the said Trustees or any of them, or any
Officer or other Person whomsoever, who shall be employed or acting in
the Execution of this Act, in the Performance of any Act, Matter, or
Thing to be done by virtue of or under the Authority of this Act, or if
any Person or Persons who shall be summoned to give Evidence before any
Justice of the Peace touching or concerning any Offence or Matter
punishable under this Act, shall not attend pursuant to such Summons, nor
produce a sufficient Excuse to the Satisfaction of such Justice for his
Non-attendance, every Person or Persons so offending shall for every such
Offence forfeit and pay a Sum not exceeding Ten Pounds.
XXXVIII. And be it further enacted, That all Penalties and Forfeitures
which shall be incurred under the Provisions herein-before contained, the
Manner of levying or recovering whereof is not herein-before particularly
directed, shall be recoverable before any Justice of the Peace for the
County of _Middlesex_, upon Complaint made to any such Justice within Six
Calendar Months next after the Offences respectively shall be committed;
and it shall be lawful for every such Justice to whom such Complaint
shall be made, to summon the Party or Parties complained against before
him, and on such Summons to hear and determine the Matter of such
Complaint, and on Proof of the Offence or Offences respectively, either
by the Confession of the Offender or Offenders, or by the Oath of any
credible Witness or Witnesses, to convict such Offender or Offenders, and
to adjudge him or them to pay the Penalty or Forfeiture incurred,
although no Information in Writing shall be exhibited before such
Justice; and in every Case where any such Penalty or Forfeiture, together
with all Costs of and incident to the Complaint, Summons, Hearing, and
Conviction, shall not be forthwith paid by the Offender or Offenders at
the Time of Conviction, such Penalty and also such Costs as aforesaid
shall be levied by Distress and Sale of the Goods and Chattels of the
Offender or Offenders, by Warrant under the Hand and Seal of such
Justice, (and which Warrant such Justice is hereby empowered and required
to grant); and in every such Case it shall be lawful for such Justice to
order the Offender or Offenders so convicted to be detained and kept in
safe Custody until Return can conveniently be made to such Warrant of
Distress, unless the Offender or Offenders shall give sufficient
Security, to the Satisfaction of such Justice, for his or their
Appearance before such Justice on such Day or Days as shall be appointed
for the Return of such Warrant of Distress (not being more than Seven
Days from the Time of taking such Security), and which Security the said
Justice is hereby empowered to take by way of Recognizance or otherwise;
and if upon the Return of such such Warrant it shall appear that no
sufficient Distress can be had thereupon, or in case it shall appear to
the Satisfaction of such Justice, either by the Confession of the
Offender or Offenders or otherwise, that such Offender or Offenders hath
or have not sufficient Goods and Chattels whereon such Penalties or
Forfeitures with all Costs as aforesaid can be levied, if a Warrant of
Distress were issued (in which Case it shall not be necessary to issue
any Warrant of Distress), then and in every such Case it shall be lawful
for such Justice to cause such Offender or Offenders to be committed to
the Common Gaol or House of Correction, there to remain without Bail or
Mainprize for any Term not exceeding Six Calendar Months, unless such
Penalties and Forfeitures, and all attendant and incidental Costs, shall
be sooner paid; and the Monies arising by such Penalties and Forfeitures
respectively shall from Time to Time, in every Case where the
Appropriation thereof is not herein-before otherwise directed, be paid to
the Treasurer to the said Trustees, and (subject to the Power hereby
given to the said Trustees to dispose of any Part or Parts thereof, not
exceeding One Half, in rewarding the Informer or Informers, or any other
Person or Persons who shall have aided in detecting or convicting the
Offender or Offenders respectively) shall be applied and disposed of for
the Purposes of this Act.
XXXIX. And be it further enacted, That every Justice of the Peace before
whom any Person shall be convicted of any Offence against this Act, shall
and may cause the Conviction to be drawn up in the following Form of
Words, or in any other Form to the like Effect:
‘Middlesex to wit. } BE it remembered, That on the — Day of — in the
Year of our Lord — _A. B._ is convicted before — One of His Majesty’s
Justices of the Peace for the County of _Middlesex_, of [_here
shortly state the Offence_, _and when and where committed_] contrary
to the Form of a Statute made in the Fifth Year of the Reign of His
Majesty King _George_ the Fourth, intituled [_here set forth the
Title of this Act_], and I do adjudge that the said _A.B._ hath
therefore forfeited the Sum of —. Given under my Hand and Seal, the
Day and Year first above written.’
XL. And be it further enacted, That where any Distress shall be made for
any Rate or Penalty to be levied in pursuance of the Provisions contained
in this Act, the Distress shall not be deemed unlawful, nor the Party or
Parties making the same a Trespasser or Trespassers, on account of any
Defect or Want of Form in any Proceeding relating thereto, nor shall the
Party or Parties distraining be deemed a Trespasser or Trespassers _ab
initio_, on account of any subsequent Irregularity, but the Person or
Persons aggrieved by any such Irregularity may recover full Compensation
for any special Damage by an Action on the Case, subject to the
Limitations herein-after made.
XLI. And be it further enacted, That if any Person shall think himself
or herself aggrieved by any Rate to be made in pursuance of this Act, he
or she, having first paid such Rate or Assessment, may appeal to the said
Trustees at their next Meeting after the Payment thereof, and the said
Trustees, if they shall think such Person aggrieved, shall give such
Relief in the Premises as they shall deem reasonable; and if any such
Person shall be dissatisfied with the Determination of the said Trustees,
or if any Person shall think himself or herself aggrieved by any thing
which shall be done by any Justice of the Peace in the Execution of this
Act, such Person may appeal to the Justices of the Peace for the County
wherein the Cause of Complaint shall arise, at their General Quarter
Sessions to be held next after the Expiration of One Calendar Month from
the Time when the Cause of Complaint shall arise, but not afterwards,
such Appellant first giving Fourteen Days Notice at the least in Writing
of his or her Intention to make such Appeal, and of the Matter thereof,
to the Clerk to the said Trustees, and within Five Days next after such
Notice entering into a Recognizance before some Justice of the Peace for
such County, with Two sufficient Sureties conditioned to try such Appeal
at and abide the Order of and pay such Costs as shall be awarded by the
Justices at such Sessions, and also (when the Appeal shall be against a
Conviction) to pay the Penalty or Forfeiture, if the Conviction shall be
affirmed; and the said Justices at such Sessions, upon Proof of such
Notice having been given as aforesaid, and of such Recognizance as
aforesaid having been entered into, shall hear and finally determine the
Matter of such Appeal in a summary Way, and award such Costs to the
Appellant or Respondent as the said Justices shall think proper, and may
by their Order or Warrant levy such Costs by Distress and Sale of the
Goods and Chattels of the Person or Persons ordered to pay the same, and
for want of sufficient Distress may commit such Person or Persons to the
Common Gaol or House of Correction for any Term not exceeding Six
Calendar Months, or until Payment of such Costs, and the Determination of
the said General Quarter Sessions shall be final and conclusive to all
Intents and Purposes; and no such Rate or Assessment as aforesaid, nor
any Proceeding touching the Conviction of any Offender or Offenders, or
any other Matter or Thing done or transacted in or about the Execution of
this Act, shall be quashed or vacated for Want of Form, or removed by
Certiorari or any other Writ or Process whatsoever, into any of His
Majesty’s Courts of Record at _Westminster_; but any such Rate or
Assessment, or any Matter of Form in any Conviction or Proceeding as
aforesaid, may be amended as the Justices at any General Quarter Sessions
shall direct.
XLII. And be it further enacted, That any Justice of the Peace for the
County of _Middlesex_ may act as such in the Execution of this Act,
notwithstanding he may at the same Time be a Trustee under this Act; and
none of the said Trustees, nor any rated Inhabitant or Occupier of any
House, Building, or Tenement within the Jurisdiction of this Act, shall
by reason thereof be deemed an incompetent Witness in any Action,
Prosecution, Information, Complaint, Appeal, or Proceeding whatsoever
relating to the Execution of this Act, or to any Rate made in pursuance
thereof; and all Notices and Summonses which are required to be given by
this Act, or which may be necessary for carrying this Act into Execution,
may be either written or printed, or partly written and partly printed,
and may (in all Cases in which the Manner of serving the same is not
particularly directed by this Act) be served either by delivering the
same to the Person or Persons to whom such Notices or Summonses
respectively are directed, or by leaving the same at the usual or last
known Place of Abode of such Person or Persons, or at or upon any House,
Building, or Tenement whereunto such Notices or Summonses respectively
shall relate.
XLIII. And be it further enacted, That the said Trustees may sue and be
sued in the Name of their Clerk or Treasurer for the Time being, and not
otherwise; and no such Action or Suit shall abate or be discontinued by
the Death or Removal of such Clerk or Treasurer, but the Clerk or
Treasurer for the Time being to the said Trustees shall always be deemed
Plaintiff or Defendant, as the Case may be, but such Clerk or Treasurer
shall not be personally answerable for any Damages or Costs which may be
recovered against him by reason of his being so made Plaintiff or
Defendant, but such Damages and Costs respectively shall be paid by the
said Trustees out of the Money to be raised under this Act; and such
Clerk or Treasurer shall be a competent Witness in such Action,
notwithstanding he may be the nominal Plaintiff or Defendant.
XLIV. And be it further enacted, That it shall be lawful for the said
Trustees from Time to Time to hire any Room or Building, as they shall
think fit, in any convenient Place within the Limits of this Act, to be
used as and for an Office or Offices for keeping their Accounts, holding
their Meetings, and transacting the Business relating to this Act, or for
other the Purposes of this Act, and to accept and take a Lease of such
Room or Building to themselves, or any of them, or to any Person or
Persons in Trust for them, for any Term or Number of Years, at and under
such Rent or Rents as they shall from Time to Time think fit, and to pay
such Rent or Rents out of the Money to arise by virtue of this Act.
XLV. And be it further enacted, That no Action or Suit shall be
commenced against any Person or Persons for any thing done by such Person
or Persons in or about the Execution of this Act, until the Expiration of
One Calendar Month next after a Notice in Writing, fully and explicitly
stating the Cause or Causes of Action, and the Name or Names, and Place
or Places of Abode of the intended Plaintiff or Plaintiffs, and of his or
their Attorney or Agent, shall have been delivered to or left at the
usual Place of Abode of the intended Defendant or Defendants; and no such
Action or Suit shall be commenced after a Tender of sufficient Amends
shall have been made, either to the Party aggrieved or (on his or their
Behalf) to the Attorney or Agent named in such Notice, nor after the
Expiration of Six Calendar Months next after the Fact committed, and the
Venue in every such Action or Suit shall be laid in the County where the
Cause of Action shall have arisen and not elsewhere; and the Defendant or
Defendants may at his or their Election plead specially or the General
Issue, and at the Trial thereof give this Act and the special Matter in
Evidence; and if the Matter or Thing complained of shall appear to have
been done under the Authority of this Act, or if any such Action or Suit
shall be brought contrary to the foregoing Restrictions and Limitations,
or any of them, then the Jury shall find for the Defendant or Defendants;
and upon such Verdict, or if the Plaintiff or Plaintiffs shall be
nonsuited, or discontinue his, her, or their Action, after the Defendant
or Defendants shall have appeared, or if upon Demurrer Judgment shall be
given against the Plaintiff or Plaintiffs, then the Defendant or
Defendants shall have Treble Costs, and have such Remedy for the Recovery
thereof as any Defendant may have for the Recovery of Costs in any Case
by Law.
XLVI. And be it further enacted, That no Person who shall be an Occupier
of any House, Building, or Tenement within the Jurisdiction of this Act,
and shall be charged in respect thereof towards any of the Rates to be
made by virtue of this Act, shall be liable or charged in respect of the
same Premises to or with any general Rate or Rates for paving, lighting,
or watching the Town or Parish of _Kensington_ or any Part thereof, or to
or with any Rate for or towards paving, lighting, or watching any
particular Street, Road, or Place; any Law or Usage to the contrary
notwithstanding.
XLVII. Provided always, and be it further enacted. That nothing herein
contained shall extend to authorize the said Trustees to expend any Money
which shall be raised under the Authority of this Act in or about the
first laying out, forming, paving, or gravelling any of the Footways or
Carriageways on the East, West, or North Sides of _Brompton Square_, or
in or about the first enclosing, forming, or planting any Part of the
Area of the said Square.
XLVIII. Provided always and be it further enacted, That nothing in this
Act contained shall extend or be deemed or construed to extend to
prejudice, diminish, alter, or take away any of the Rights, Powers, or
Authorities vested in the Commissioners of Sewers for the City and
Liberty of _Westminster_ and Part of the County of _Middlesex_; but all
the Rights, Powers, and Authorities vested in them shall be as good,
valid, and effectual as if this Act had not been made.
XLIX. Provided also, and be it further enacted, That nothing in this Act
contained shall operate or be construed to take away any Right, Power,
Interest, Privilege, Advantage, or Authority, which is by Law now vested
in the Governor and Company of _Chelsea_ Water Works, or in the Company
of Proprietors of the West _Middlesex_ Water Works, or in the Grand
Junction Water Works Company respectively; but that all and every the
said Rights, Powers, Interests, Privileges, Advantages, and Authorities
respectively, may be exercised and enjoyed in as full and ample a Manner
to all Intents and Purposes as the same were exercised and enjoyed
immediately before the passing of this Act.
L. And be it further enacted, That all Costs and Expences of and
incident to the obtaining and passing this Act shall be paid out of the
first Monies which shall be raised by virtue of this Act.
LI. And be it further enacted, That this Act shall be deemed and taken
to be a Public Act, and shall be judicially taken notice of as such by
all Judges, Justices, and others, without being specially pleaded.
* * * * *
LONDON: Printed by GEORGE EYRE and ANDREW STRAHAN,
Printers to the King’s most Excellent Majesty. 1825.
*** End of this LibraryBlog Digital Book "Brompton Square Act, 1825" ***
Copyright 2023 LibraryBlog. All rights reserved.