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