An Act to provide for the paving, gravelling, lighting, and watching certain Footways and Carriageways in and near Brompton Square in the Parish of Saint Mary Abbotts Kensington in the County of Middlesex; and to provide for the Maintenance of a Garden and Shrubbery in the said Square. [4th June 1824.] Whereas William Farlar of Brompton in the County of Middlesex, Esquire, claims to be seised of a Piece of Freehold Land at Brompton, in the Parish of Saint Mary Abbotts Kensington, in the County of Middlesex, which abuts South on the Turnpike Road from Knightsbridge to Fulham, West on Land belonging to the Trustees of Saint George’s Hospital, North on Land now or lately belonging to the Heirs of the late Duke of Kingston, and East on Ground now or lately belonging to Elisha Biscoe, and a Road leading to Brompton Chapel: And whereas a Square called Brompton Square, and also divers Streets and public Places, have in part been laid out and formed, and are intended to be speedily completed on the said Piece of Land; and it would be beneficial to the Owners and II. And be it further enacted, That every Person who now is or for the Time being shall be in his own Right or in the Right of his Wife in the actual Possession, or in the Receipt of the Rents and Profits of a Dwelling House or other Tenement within the Limits of this Act, of the clear yearly Value of Forty Pounds above Reprisals, and also every Person who now is, or, for the Time being, shall be, actually and bon fide an Occupier of a Dwelling House rated or liable to be rated by virtue or for the Purposes of this Act, shall be and they respectively are hereby constituted Trustees for putting this Act into Execution, and the said Trustees shall be called and known as “The Trustees for regulating and improving Brompton Square, and certain adjacent Places.” III. Provided always, and be it further enacted, That no Person shall be capable of acting as a Trustee in the Execution of this Act, except in administering the Oath herein-after mentioned (which Oath any One of the said Trustees is hereby authorized to administer at any Meeting which shall be held pursuant to this Act),
And if any Person not being qualified as aforesaid, or not having taken and subscribed the Oath herein-before mentioned, shall presume to act as a Trustee in the Execution of this Act, every such Person for every such Offence shall forfeit and pay the Sum of Fifty Pounds to any Person or Persons who shall sue for the same, to be recovered with full Costs of Suit in any of His Majesty’s Courts of Record at Westminster, by Action of Debt or on the Case, wherein no Essoign, Protection, or Wager of Law, and not more than One Imparlance, shall be allowed; and every Person against whom any such Action shall be brought shall prove that he was at the Time of acting qualified as aforesaid, or shall pay the said Penalty, without any other Proof on the Part of the Plaintiff than that such Person acted as a Trustee in the Execution of this Act: Provided always nevertheless, that all Acts and Proceedings of any Person acting as a Trustee in the Execution of this Act, though not qualified as aforesaid, previous to his being convicted, shall notwithstanding such Conviction be as good, valid, and effectual as if such Person had been duly qualified. V. And be it further enacted, That the said Trustees shall from Time to Time, by Writing under their Hands, appoint a Treasurer and Clerk, and also a Collector of the Rates to be made as herein-after mentioned, and may also from Time to Time appoint or employ such other Officers and Persons as they shall think necessary in the Execution of this Act; and the said Trustees may from Time to Time remove such Officers and Persons respectively, or any of them, and upon the Death, Resignation, or Removal of such Officers and Persons respectively, or any of them, may appoint others in their Stead, and may out of any Money to be raised or collected by virtue of this Act make such Allowances as VI. Provided always, and be it further enacted, That it shall not be lawful for the said Trustees to appoint the same Person who may be appointed their Clerk in the Execution of this Act, or the Partner or any Person in the Service or Employ of any such Clerk, to be the Treasurer for the Purposes of this Act, or to appoint the Person who may be appointed Treasurer, or the Partner or any Person in the Service or Employ of any such Treasurer, to be the Clerk to the said Trustees; and if any Person shall accept both the Offices of Clerk VII. And be it further enacted, That the said Trustees shall and they are hereby required to order and direct a Book or Books to be provided and kept by their Clerk for the Time being, in which Book or Books such Clerk shall enter or cause to be entered true and regular Accounts of all Sums of Money received, paid, laid out, and expended for or on account of this Act, and of the several Articles, Matters, and Things for which such Sums of Money shall have been disbursed, laid out, and paid, which Book or Books shall at all seasonable Times be open to the Inspection of the said Trustees or any Person or Persons rated or assessed for the Purposes of this Act, without Fee or Reward; and the said Trustees, or Persons assessed as aforesaid, or any of them, may take Copies of or Extracts from the said Book or Books, or any Part or Parts thereof, without paying any thing for the same, and in case the said Clerk shall refuse to permit or shall not permit the said Trustees or either of them, or any Person rated or assessed as aforesaid, to inspect such Book or Books, or to take such Copies of or Extracts from the same as VIII. And be it further enacted, That all the Footways and Carriageways now formed and which hereafter shall be formed in the said Square, and all other Footways and Carriageways which now are or hereafter may be laid out and formed in or upon the said Piece of Land belonging to the said William Farlar, and also the Footway next the Turnpike Road, such Footway extending from the Entrance of the Mews behind Brompton Row, and behind the East Side of the said Square, Westward along the South End of the said Square and in front of Brunswick Place, to the Entrance of Cottage Place, and the Mews behind the West Side of the said Square, and also all the Houses and Buildings now erected and which hereafter shall be erected upon the said Piece of Land belonging to the said William Farlar, shall be deemed to be within the Jurisdiction of this Act; and that it shall be lawful for the said Trustees to cause all the said Footways and Carriageways to be properly formed, paved, or gravelled, amended and kept in repair, upon such Levels and in such Manner and with such Materials as they shall judge necessary, and to cause the said Carriageways to be cleansed and watered, and Drains, Sinks, and Watercourses to be made for conveying the Water off and from the said Footways and Carriageways, and Posts and Rails or Chains to be set up for the Protection and Preservation of the Foot Pavements or any Part thereof, and to cause to be done or made all such Works, Alterations, and Improvements in and about the said Footways and Carriageways as the said Trustees shall from Time to Time deem necessary and proper for the making, maintaining, and supporting the same; and if any Person or Persons shall dig, break, or take up the said Footways or Carriageways, or any Part thereof, without the Consent IX. And be it further enacted, That if and as often as any of the Footways or Carriageways within the Jurisdiction of this Act, or any Part or Parts thereof, shall be dug up, opened, or disturbed for the Purpose of laying down, altering, repairing, renewing, or removing any Pipe or Pipes, or for any other Purpose whatsoever, then and in every such Case all and every the Works, Business, and Matters for or in respect whereof such Footways or Carriageways respectively, or any Part or Parts thereof, shall be so dug up, opened, or disturbed, shall be executed and completed with all possible Expedition, and in every such Case (whether such Footways or Carriageways shall be so dug up, opened, or disturbed with or without the Consent of the said Trustees) the Company or Companies, Person or Persons respectively, who from Time to Time shall cause or direct the said Footways or Carriageways, or any Part or Parts thereof respectively, to be so dug up, opened, or disturbed, shall at their own Costs and Charges cause the same to be forthwith well and substantially filled up, rammed down, repaired, and gravelled, and put into as good, sound, and perfect a State and Condition in all respects as the said Footways and Carriageways respectively were in immediately before the same being so dug up, opened, or disturbed; and in case any such Company or Companies, Person or Persons, shall neglect or refuse so to do for the Space of Twenty-four Hours next after the Completion of the Works, Business, or Matters in respect whereof the same shall be so dug up, opened, or disturbed, it shall be lawful for the said Trustees to cause such Footways and Carriageways respectively to be forthwith well and substantially filled up, rammed down, repaved, gravelled, and put into such X. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to cause such Lamp Posts, Lamp Irons, and Lamps to be set up in or about the Footways and Carriageways within the Jurisdiction of this Act, or upon or against the Walls or Palisadoes of or belonging to any adjoining or contiguous House or Building, as they shall deem necessary for lighting the said Footways and Carriageways, and to cause such Lamps to be lighted with Oil or Gas during such Hours and Seasons as they shall from Time to Time deem necessary or proper; and if any Person or Persons shall extinguish the Light in any such Lamp whilst the same ought to be kept burning, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds: Provided always, that if any Damage shall be occasioned to any Building or Wall, or to any Rails or Palisadoes, by the affixing, setting up, taking down, altering, or repairing any such Lamp or Lamp Iron, or the Fastenings thereof, the said Trustees shall immediately cause such Injury or Damage to be well and sufficiently repaired, and the Expence thereof XI. And be it further enacted, That all Pipes and other Conduits to be laid or used for the Conveyance of Gas in, under, through, along, across, or round the said Square called Brompton Square, or any other Place within the Jurisdiction of this Act, shall be laid at the greatest practicable Distance from any Water Pipe now or for the Time being laid down for the Conveyance of Water under, through, along, across, or round the said Square, or any such other Place as aforesaid, except in Cases where it shall be unavoidably necessary to lay the Gas Pipes across any of the Water Pipes, in which Case the Gas Pipes shall be laid over and above the Water Pipes at the greatest practicable Distance therefrom, and shall form therewith a Right Angle, and in that Case the Gas Pipes so crossing the Water Pipes shall be at the least Six Feet in Length, so that no Joint of any such Gas Pipe shall be nearer to any Part of any such Water Pipes than Three Feet at the least; and in laying down the Gas Pipes, the said Trustees, or the Company, Contractor, or other Person or Persons supplying Gas or laying down Pipes for the Conveyance thereof, shall in no Case join Two or more Pipes together previously to their being laid in the Trench, but shall lay each Pipe as nearly as may be in its Place in the Trench, and shall in such Trench properly form the Jointing with the other Pipes to be added thereto with proper and sufficient Material, and shall also make and keep all and every such Trench and all Pipes connected or communicating therewith and all the Screws Joints, Inlets, and Apertures therein respectively, air-tight, and XII. And be it further enacted, That in case any Pipe, Cock, or Branch shall in pursuance of the Powers herein contained be carried or laid from any Main or Pipe belonging to the said Trustees, or to any Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square or any other Place within the Limits or Jurisdiction of this Act, into, through, or against any private Dwelling House, Building, Yard, or Ground, for any Purpose whatsoever, and the Owner or Occupier of any such private Dwelling House, Building, Yard, or Ground shall be desirous that the same Pipe, Cock or Branch, shall be altered or removed and taken away, and of such Desire shall give Notice in Writing to the said Trustees, or to such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, then and in every such Case the said Trustees, or such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall within Seven Days next after the Service of such Notice at the usual Office or Place of transacting Business of the said Trustees, Gas Light Company, or other such Person or Persons as aforesaid respectively, alter or remove and take away, or cause to be altered or removed and taken away, all or any such Pipes, Cocks, and Branches respectively, and in default thereof it shall be lawful for such Owner or Occupier, or any Person or Persons acting under the Authority of such Owner or Occupier, to cause such Pipes and Branches respectively to be altered or removed and taken away, as the Case may require; and all the Costs and Expences of and incident to every such Alteration or Removal shall be paid by the said Trustees, or by such Gas Light Company, or other Person or Persons contracting to light XIII. And be it further enacted, That whenever the Water which shall be supplied by any Water Works Company, or Company established for the Supply of Water, shall be contaminated or affected in any way whatsoever by the Gas of the said Trustees, or of any Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square called Brompton Square, or any other Place or Places within the Jurisdiction of this Act, then and in every such Case the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall, within Twenty-four Hours next after Notice thereof in Writing, signed by any One of the Directors, or by the Secretary or Chief Clerk for the Time being of any such Water Works Company, and left at the usual Office or Place of transacting Business of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, cause Measures to be taken effectually to stop and prevent such Gas from contaminating or affecting the Water of any such Water Works Company; and in case the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, shall not, within Twenty-four Hours next after each and every such Notice so left as aforesaid, effectually remove the Cause of every such Complaint, and prevent all and every such Contamination whereof Notice shall be given as aforesaid, then and in every such Case the said Trustees, or such Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, shall on each and every Complaint whereof Notice shall be given as aforesaid XIV. And whereas it may be or become a Question upon such Complaint as aforesaid whether the said Water be contaminated or affected by the Gas of the Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid; be it therefore enacted, That in every such Case it shall be lawful for any such Water Works Company at aforesaid to dig to and about, and to search and examine all or any of the Mains, Pipes, Conduits, and Apparatus of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, for the Purpose of ascertaining whether such Contamination proceed or be occasioned by the Gas of the said Trustees, or of each Gas Light Company, or other Person or Persons; and if it shall appear that the said Water has been contaminated or affected by any Escape of Gas, then and in every such Case the Costs and Expences of the said Digging, Search, and Examination, and of the Repair of the Pavement of the Street or Place which shall be taken up or disturbed, shall be borne and paid by the said Trustees, XV. And be it further enacted, That whenever any Gas shall be found to escape from any Pipe or Pipes which shall be laid down, set up, or used in or about the lighting Brompton Square, or any other Place or Places within the Jurisdiction of this Act, the said Trustees, or the Gas Light Company, or other Person or XVI. And be it further enacted, That if the said Trustees, or any Gas Light Company, or other Person or Persons whomsoever contracting to light or lighting with Gas the said Square called Brompton Square, or any other Place or Places within the Jurisdiction of this Act, shall at any Time drain, carry, or convey, or cause or suffer to be drained, carried, or conveyed, or to run or flow, any Washings or other Liquid, or any other Matter or Thing whatsoever which shall arise or be made in or about the Prosecution of their Gas Works or the Manufacture of Gas, into the River Thames, or any other River, or into any Brook, Stream, Reservoir, XVII. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to appoint so many able-boded Men to act as Watchmen, and to patrol, watch, and guard the said Square, and all other Places within the Jurisdiction of this Act, during such Hours and at such Wages as the said Trustees shall think proper, and to provide suitable Arms and Clothing for such Watchmen, and also to provide and set up Watchboxes for their Reception at such Places as the said Trustees shall think necessary; and also to provide a proper Watchhouse or Place for the safe Custody of XVIII. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to cause the Name of the said Square, and of any other Street or Place within the Jurisdiction of this Act, to be painted or otherwise described in a conspicuous Part of any House or Building within such Square, Street, or Place respectively; and also from Time to Time to cause all the Houses, Buildings, and Tenements within the Jurisdiction of this Act to be distinguished by Numbers, to be painted or affixed upon the Entrance Doors thereof respectively; and if any Person or Persons shall alter or wilfully deface or remove any such Name or Number, or any Part thereof, or if any Person or Persons for the Time being chargeable with the Rates which shall be made in pursuance of this Act in respect of any House, Building, or Tenement of which the Number shall be so altered, defaced, or removed, shall not perfectly reinstate such Number within Seven Days next after such Person or Persons respectively shall be required so to do by a Notice from the said Trustees or their Clerk, every XIX. And be it further enacted, That proper Gates shall be erected and at all Times kept up and preserved by the said Trustees, across the Footways and Carriageways at the Entrance to Brompton Square next the Turn-pike Road, so as to inclose and keep the same Footways and Carriageways (such footways and Carriageways not being now public Highways) private, as far as may be consistent with the general Convenience of the Occupiers of Houses in the said Square; and which said Gates shall be kept closed during such Hours between Ten of the Clock at Night and Seven of the Clock in the Morning, as the said Trustees shall direct, and during those Hours a Key or Keys thereof shall be left in the Charge of the Watchman or Watchmen on Duty in the said Square. XX. And be it further enacted, That the said Trustees shall contract with or employ some Person or Persons to cleanse the Carriageways, and take away the Dust, Cinders, Ashes, and Rubbish (not being Rubbish arising from Building or Repairs) from the Houses of the Inhabitants within the Jurisdiction of this Act; and if any Person or Persons (not being duly authorized by the said Trustees, and not acting under or on behalf of a Person so authorized) shall go about to collect or gather, or shall ask for, receive, or carry away any Dust, Cinders, or Ashes from any House, Building, or Place within the Jurisdiction of this Act, every Person so offending shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds. XXI. And, to the Intent that a Pleasure Garden or Shrubbery may be maintained and preserved within the inclosed Area of the said square, for the Embellishment thereof, and for the Use of the Inhabitants of the XXII. And be it further enacted, That it shall be lawful for the said Trustees to contract, by the Year or otherwise, with any Person or Persons for the doing of any Works or Business whatsoever relating to or connected with the Execution of this Act, so that no such Contract shall continue in force for more than Three Years from the Time of contracting, and the Clerk to the said Trustees shall enter all such Contracts in a Book or Books to be provided and kept for that Purpose. XXIII. And be it further enacted, That all the Paving Stones, Gravel, and other Materials of which the Footways and Carriageways within the Jurisdiction of this Act shall for the Time being consist, and the Posts and Rails which shall be set up for the Protection of the said Footways, and also all the Lamp Posts, Lamp Irons, Lamps, and other Utensils which the said Trustees shall from Time to Time cause to be set up or used for lighting the said Footways and Carriageways, and the Watchboxes, Arms, and Clothing which shall be provided by the said Trustees for the Use of the Watchmen who shall be employed in pursuance of this Act, and also (during the Continuance of any Lease of the inclosed Area of the said Square which shall be granted to the said Trustees as aforesaid) the Iron Railing, Fences, Gates, and Locks of and belonging to the said inclosed Area, and the Fences, Plants, Shrubs, and Herbage in the said inclosed Area for the Time being, and also the Materials of which the Gravel Walks XXIV. And be it further enacted, That if any Person or Persons shall wilfully or maliciously destroy or damage any of the Footways or Carriageways within the Jurisdiction of this Act, or any Part thereof, or any Post, Rail, Lamp Post, Lamp Iron, Lamp, Watchbox, Arms, Clothing, or other Utensil or Thing which shall be provided by or in pursuance of the Directions of the said Trustees, or any of the Iron Railing, Fences, Gates, Locks, Trees, Plants, Shrubs Herbage, or Gravel Walks of or belonging to the inclosed Area of the said Square, or any of them, or any Part thereof respectively, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds; and every such Person, and also every Person by whom any of the said Footways and Carriageways, Lamp Posts, Lamp Irons, Lamps, Watchboxes, Arms, Clothing, Iron Railing, Fences, Gates, Locks, Trees, Plants, Shrubs, Herbage, Gravel Walks, Utensils and Things, or any of them or any Part thereof respectively, shall be carelessly or accidentally destroyed or damaged, shall make full Satisfaction for the Damage or Injury done or committed by him, her, or them respectively; and unless such full Satisfaction shall be forthwith made, any Justice of the Peace, upon Application to him for the Purpose by or on behalf of the said Trustees, may award such Sum of Money to be paid to the said Trustees by way of Satisfaction for such Damage as such Justice shall think reasonable, and the same shall be recovered XXV. And be it further enacted, That if at any Time or Times during the Continuance of any Lease or Leases of the inclosed Area of the said Square, any Person or Persons shall, without the Consent in Writing of the said Trustees, make or cause to be made, or shall sell or cause to be sold, or shall offer for Sale any Key or Keys for unlocking or opening the Gates of the inclosed Area of the said Square, or any of them, or if any Person or Persons shall knowingly purchase or use any Key or Keys so unlawfully made or sold, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds, and it shall be lawful for the said Trustees or any of them, or any Person or Persons in their Service or Employ, or acting under their Authority, to seize and to detain and keep or to destroy every such Key. XXVI. And be it further enacted, That to enable the said Trustees to carry this Act into Execution it shall be lawful for them from Time to Time to make such Rates as they shall deem needful upon the Tenants and Occupiers of all Lands, Houses, Shops, Coach-houses, Stables, Erections, Buildings, and other Tenements whatsoever within the Jurisdiction of this Act, in such Sums of Money as the said Trustees shall think proper, so that such Rates shall be just and equal Pound Rates, according to the annual Rent or Value of the Premises thereby assessed, and so that the Costs and Expences of and incident to the enclosed Area of the said Square shall be wholly borne by the Tenants and Occupiers of Houses in the said Square, and so that in every such Rate it shall distinctly appear what Part thereof shall be raised in respect of the said last-mentioned Costs and XXVII. And be it further enacted, That in every Rate to be made as aforesaid, the Landlord or Proprietor of every House or Tenement within the Jurisdiction of this Act, which shall be occupied by any Ambassador, Foreign Minister, or other Person not compellable by Law to pay such Rate, shall be deemed to be and shall be rated as the Occupier thereof respectively. XXVIII. And be it further enacted, That whenever any House within the Jurisdiction of this Act shall be let out ready furnished, or shall be let out, furnished or unfurnished, in separate Tenements, or wholly or in part to a Lodger or Lodgers, the Landlord or Owner, being the Person or Persons claiming or receiving the Rent XXIX. And be it further enacted, That every Rate which shall be made for the Purposes of this Act may from Time to Time be altered and amended by the said Trustees at any Meeting pursuant to this Act, either by inserting the Name or Names of any Person or Persons who ought to have been rated or who shall have come into the Possession of any rated or rateable House, Building, or Tenement during the Time for which any Rate may be payable, or by striking out the Name or Names of any Person or Persons who ought not to have been rated, or by raising or lowering the Sum or Sums charged upon any Person or Persons, or by apportioning between any outgoing and incoming Tenant any Sum or Sums which shall be charged upon either in such Rate or otherwise as the said Trustees shall think necessary for making such XXX. And be it further enacted, That the first Rate which shall be made by virtue of this Act shall be for Two Quarters ending at Christmas Day next after the passing of this Act, and that every subsequent Rate shall be for One whole Year, commencing from the Expiration of the Term for which the preceding Rate shall have been made; and that all the said Rates shall become due and be payable immediately upon the making thereof, but may be collected in one or several Payments, or yearly, half-yearly, or quarterly, as the said Trustees shall from Time to Time direct; and that such Rates and all other Monies which shall become due or be payable to the said Trustees in pursuance of the Provisions in this Act contained shall be and are hereby vested in the said Trustees, and shall be paid to such Person or Persons as the said Trustees shall from Time to Time appoint to collect and receive the same, and shall be applied and disposed of by the said Trustees in defraying the Expences of and incident to the Execution of this Act, and otherwise as in or by this Act is directed or authorized. XXXI. And be it further enacted, That if any Person or Persons liable to pay any Rate or Rates which shall be made in pursuance of this Act, or any Part or Parts of any such Rate or Rates, shall refuse or neglect to pay the same, it shall be lawful for any Justice of the Peace for the County of Middlesex, and every such Justice is hereby authorized and empowered (such Defaulter having been first duly summoned to appear before such Justice or Justices to shew Cause for such Refusal or XXXII. And be it further enacted, That it shall be lawful for the said Trustees to borrow at Interest, or to raise by the Sale of One or more Annuity or Annuities for a Life or Lives (subject to the Restrictions herein-after contained), any Sum or Sums of Money which the said Trustees shall from Time to Time require, in or about the Execution of this Act; and the said Trustees shall make and deliver to the Person or Persons from whom any Money shall be so borrowed One or more Promissory Note or Notes in the Form or to the Effect following, to the Amount of the Money so borrowed; namely,
And the said Trustees shall also make and deliver to the Purchaser or Purchasers of every such Annuity, a Grant thereof in the Form or to the Effect following:
And the Money expressed to be made payable in every such Promissory Note as aforesaid, and the Interest thereof, and also every Annuity which shall be granted as aforesaid, shall be and are hereby respectively charged upon and made payable out of the Rates to be made by virtue of this Act, and shall be paid accordingly; and every such Promissory Note shall be transferable by Indorsement and Delivery, in the same Manner as any other Promissory Note is by Law transferable; and every such Annuity shall be and be deemed Personal Estate; but no such Annuity shall be granted for the Lives of more than Two Persons, or be made to depend on the Life or Lives of any Person on Persons who at the Time of granting such Annuity shall be under the Age of Thirty-five Years, nor shall any such Annuity XXXIII. And be it further enacted, That the Names of the Trustees present at each Meeting in pursuance of this Act, and also all their Orders and Proceedings at each such Meeting, shall be entered in a Book or Books to be kept for that Purpose; and the Entry of the Proceedings at each Meeting shall be signed by the Chairman at the next Meeting, and such Entries being so signed shall be deemed Originals, and may be read in evidence in all Courts whatsoever. XXXIV. And be it further enacted, That if any Person or Persons shall beat or dust, or cause to be beat or dusted, any Carpet or Carpets, or shall slack, sift, or screen, or cause to be slacked, sifted, or screened, any Lime or Rubbish, or shall mix any Mortar, or shall make or assist in making any Bonfire, or shall discharge any Fireworks, or play at Football, or any other Game in the said Square, or any Part thereof; or if any Person XXXV. Provided always, and be it further enacted, That no Person shall be subject to any Penalty on account of any Rubbish, Building Materials, or Scaffolding, being necessarily deposited or fixed in or upon any Footway or Carriageway, before any House or Building which shall be pulling down, rebuilding, or under Repair, so that the same be properly enclosed, and convenient Space left for Carriages to pass and repass with ease and Safety, and so that a sufficient Light be kept up and maintained there from Sun-set to Sun-rise, to prevent Accidents, and so that all such Rubbish, Building Materials, Enclosures, and Scaffolding respectively, be removed within a reasonable Time after such pulling down, rebuilding, or repairing shall be finished, or upon Notice signed by the Clerk to the said Trustees, and given to the Owner or Occupier of the House or Building which shall be so pulling down, rebuilding, or under Repair, or affixed upon some conspicuous Part of such House, Building, Enclosure, or Scaffolding: Provided also, that in case any Person or Persons so depositing or affixing or causing to be deposited or affixed any such Rubbish, Building Materials, or Scaffolding as aforesaid, in or upon any of the said Footways or Carriageways as aforesaid, shall not properly enclose the same, and leave convenient Space for Carriages to pass and repass with XXXVI. And be it further enacted, That it shall be lawful for any Officer or Person employed in the Execution of this Act, without any other Warrantor Authority than this Act, to seize and detain, and for any other Person or Persons to assist in seizing and detaining any unknown Person or Persons who shall commit any Offence punishable under this Act, and to take such Offender or Offenders before a Justice of the Peace, in order to his or her Conviction for such Offence. XXXVII. And be it further enacted, that if any Person or Persons shall obstruct, hinder, or molest the said Trustees or any of them, or any Officer or other Person whomsoever, who shall be employed or acting in the Execution of this Act, in the Performance of any Act, Matter, or Thing to be done by virtue of or under the Authority of this Act, or if any Person or Persons who shall be summoned to give Evidence before any Justice of the Peace touching or concerning any Offence or Matter punishable under this Act, shall not attend pursuant to such Summons, nor produce a sufficient Excuse to the Satisfaction of such Justice for his Non-attendance, every Person or Persons so offending shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds. XXXVIII. And be it further enacted, That all Penalties and Forfeitures which shall be incurred under the Provisions herein-before contained, the Manner of XXXIX. And be it further enacted, That every Justice of the Peace before whom any Person shall be convicted of any Offence against this Act, shall and may cause the Conviction to be drawn up in the following Form of Words, or in any other Form to the like Effect:
XL. And be it further enacted, That where any Distress shall be made for any Rate or Penalty to be levied in pursuance of the Provisions contained in this Act, the Distress shall not be deemed unlawful, nor the Party or Parties making the same a Trespasser or Trespassers, on account of any Defect or Want of Form in any Proceeding relating thereto, nor shall the Party or Parties distraining be deemed a Trespasser or Trespassers ab initio, on account of any subsequent Irregularity, but the Person or Persons aggrieved by any such Irregularity may recover full Compensation for any special Damage by an Action on the Case, subject to the Limitations herein-after made. XLI. And be it further enacted, That if any Person shall think himself or herself aggrieved by any Rate to be made in pursuance of this Act, he or she, having first paid such Rate or Assessment, may appeal to the said Trustees at their next Meeting after the Payment thereof, and the said Trustees, if they shall think such Person aggrieved, shall give such Relief in the Premises as they shall deem reasonable; and if any such Person shall be dissatisfied with the Determination of the said Trustees, or if any Person shall think himself or herself aggrieved by any thing which shall be done by any Justice of the Peace in the Execution of this Act, such Person may XLII. And be it further enacted, That any Justice of the Peace for the County of Middlesex may act as such in the Execution of this Act, notwithstanding he may at the same Time be a Trustee under this Act; and none of the said Trustees, nor any rated Inhabitant or Occupier of any House, Building, or Tenement within the Jurisdiction of this Act, shall by reason thereof be deemed an incompetent Witness in any Action, Prosecution, Information, Complaint, Appeal, or Proceeding whatsoever relating to the Execution of this Act, or to any Rate made in pursuance thereof; and all Notices and Summonses which are required to be given by this Act, or which may be necessary for carrying this Act into Execution, may be either written or printed, or partly written and partly printed, and may (in all Cases in which the Manner of serving the same is not particularly directed by this Act) be served either by delivering the same to the Person or Persons to whom such Notices or Summonses respectively are directed, or by leaving the same at the usual or last known Place of Abode of such Person or Persons, or at or upon any House, Building, or Tenement whereunto such Notices or Summonses respectively shall relate. XLIII. And be it further enacted, That the said Trustees may sue and be sued in the Name of their Clerk or Treasurer for the Time being, and not otherwise; and no such Action or Suit shall abate or be discontinued by the Death or Removal of such Clerk or Treasurer, but the Clerk or Treasurer for the Time being to the said Trustees shall always be deemed Plaintiff or XLIV. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to hire any Room or Building, as they shall think fit, in any convenient Place within the Limits of this Act, to be used as and for an Office or Offices for keeping their Accounts, holding their Meetings, and transacting the Business relating to this Act, or for other the Purposes of this Act, and to accept and take a Lease of such Room or Building to themselves, or any of them, or to any Person or Persons in Trust for them, for any Term or Number of Years, at and under such Rent or Rents as they shall from Time to Time think fit, and to pay such Rent or Rents out of the Money to arise by virtue of this Act. XLV. And be it further enacted, That no Action or Suit shall be commenced against any Person or Persons for any thing done by such Person or Persons in or about the Execution of this Act, until the Expiration of One Calendar Month next after a Notice in Writing, fully and explicitly stating the Cause or Causes of Action, and the Name or Names, and Place or Places of Abode of the intended Plaintiff or Plaintiffs, and of his or their Attorney or Agent, shall have been delivered to or left at the usual Place of Abode of the intended Defendant or Defendants; and no such Action or Suit shall be commenced after a Tender of sufficient Amends shall have been made, either to the Party aggrieved or (on XLVI. And be it further enacted, That no Person who shall be an Occupier of any House, Building, or Tenement within the Jurisdiction of this Act, and shall be charged in respect thereof towards any of the Rates to be made by virtue of this Act, shall be liable or charged in respect of the same Premises to or with any general Rate or Rates for paving, lighting, or watching the Town or Parish of Kensington or any Part thereof, or to or with any Rate for or towards paving, lighting, or watching any particular Street, Road, or Place; any Law or Usage to the contrary notwithstanding. XLVII. Provided always, and be it further enacted. That nothing herein contained shall extend to authorize XLVIII. Provided always and be it further enacted, That nothing in this Act contained shall extend or be deemed or construed to extend to prejudice, diminish, alter, or take away any of the Rights, Powers, or Authorities vested in the Commissioners of Sewers for the City and Liberty of Westminster and Part of the County of Middlesex; but all the Rights, Powers, and Authorities vested in them shall be as good, valid, and effectual as if this Act had not been made. XLIX. Provided also, and be it further enacted, That nothing in this Act contained shall operate or be construed to take away any Right, Power, Interest, Privilege, Advantage, or Authority, which is by Law now vested in the Governor and Company of Chelsea Water Works, or in the Company of Proprietors of the West Middlesex Water Works, or in the Grand Junction Water Works Company respectively; but that all and every the said Rights, Powers, Interests, Privileges, Advantages, and Authorities respectively, may be exercised and enjoyed in as full and ample a Manner to all Intents and Purposes as the same were exercised and enjoyed immediately before the passing of this Act. L. And be it further enacted, That all Costs and Expences of and incident to the obtaining and passing this Act shall be paid out of the first Monies which shall be raised by virtue of this Act. LONDON: Printed by George Eyre and Andrew Strahan, |