INDEX.

Previous

Accounts, Book of, to be open to the gratuitous Inspection of the Trustees and Persons rated. See Trustees.

8

— Copies and Extracts may be gratuitously taken by duly qualified Persons.

ibid.

ACT, Limits of, defined.

2

— Persons for putting the Act in Execution defined,

ibid

— Expense of obtaining, &c. to be paid out of the first Monies raised by virtue of the Act.

43

— to be deemed a public Act, and judicially taken Notice of as such, without being specially pleaded.

44

ACTION. In every Action, the Designation of Defendant as set forth by the Act, being indebted to the Plaintiff in the Sum, &c. shall be sufficient. See Clerk, Treasurer.

30

ACTION or SUIT, proper Names of, to be given. See Notice.

41

— not to be commenced after a Tender of sufficient Amends to the Parties aggrieved, or (on their Behalf) to their Attorney or Agent.

ibid.

— not to be commenced after the Expiration of Six Months next after the Fact committed.

42

— the Venue to be laid in the County where the Cause of Action shall have arisen, and not elsewhere.

ibid.

ACTS. See Proceedings.

ADJOURNMENTS. Neglect of, &c.

14

AGGRIEVED. Persons aggrieved by any Rate or Assessment after Payment thereof, may appeal to the Trustees at their next Meeting.

38

— Persons aggrieved by any Decision of the Trustees or Justice of the Peace in the Execution of this Act, may appeal to the General Quarter Sessions to be held next after the Expiration of One Calendar Month from the Time when the Cause of Complaint shall have arisen, but not afterwards.

38

AMBASSADOR, Houses occupied by, the Landlord or Proprietor of such Houses to be rated as the Occupier.

26

AMENDMENT of any Rate, Assessment, or Matter of Form in any Conviction or Proceeding connected with the Execution of this Act, may be made by the Justices at the Quarter Sessions.

38, 39

ANNOYANCES, &c. Penalty for.

35

ANNUITY, Form of the Grant of. See Money.

30

— Money raised by way of Annuity, to be deemed Personal Estate.

ibid.

— Restrictions upon the granting of—not to be granted for the Lives of more than Two Persons under the Age of Thirty-five.

31

APPEAL may be made to the Trustees by Persons aggrieved by any Rate made in pursuance of the Act, at the next Meeting of the Trustees, after Payment of such Rate or Assessment.

38

— may be made against Decision of the Trustees or any Justice of Peace, at the next Quarter Sessions.

ibid.

— to the Quarter Sessions against Decision of Trustees or Justice, not to be made later than One Month after the Cause of Complaint arising. See Aggrieved.

ibid.

— to the next Quarter Sessions against Decision of Trustees or Justice—the Appellant to give Fourteen Days written Notice of the Appeal and of the Matter thereof to the Clerk of the Trustees, and within Five Days after, to enter into a Recognisance, with Two sufficient Sureties, before a Justice of Peace. See Sureties.

38, 39

— to the Quarter Sessions, &c. if against a Conviction, the Sureties of the Appellant to be conditioned to pay the Penalty, if the Conviction be affirmed. See Sureties.

39

— Matters of, to be determined in a summary Way by the Justices at the General Quarter Sessions. See Justices.

ibid.

AREA, enclosed, of Brompton Square, first Expense of enclosing, &c. not to be defrayed by the Trustees. See Trustees.

43

— Provision in favour of the Occupiers of Houses having Interest in the enclosed Area, previously to the passing of the Act.

22

ARMS and Clothing for Watchmen to be provided.

17

— for Watchmen, &c. vested in the Trustees.

23

ASHES, DUST, &c. See Mud.

ASSESSMENT. See Rate.

B.

BASKET. See Stall.

BOG-HOUSE, or NIGHT-SOIL. Penalty £5 for emptying it, except between the Hours of Twelve at Night and Five in the Morning.

33

BONFIRE making, &c. in Brompton Square.

32

BOOK. See Names.

BREAKING in. &c. See Horse.

BROMPTON SQUARE, STREETS, &c. on the Land claimed to be seised by Wm. Farlar, Esq. partly laid out prior to the passing of the Act.

1

BUILDING MATERIALS. Penalty not exceeding £5, for placing them within the Jurisdiction of this Act. See Provision.

33

BUSINESS, Room or Building may be hired for Transaction of. See Trustees.

41

C.

CARRIAGEWAYS, &c. Trustees to contract for cleansing them. See Footways.

21

CARPETS. Beating or dusting them, &c. Penalty £5 for.

32

CHAIRMAN, how to be appointed.

4

— to have a casting Vote.

5

CHAISE. See Coach.

CHELSEA WATER-WORKS. See Water-Works.

CINDERS. See Dust.

CLERK to be appointed, and how.

ibid.

— &c. not to be Treasurer. See Trustees.

7

— to keep a Book of Accounts. See Trustees. See Inspection of Accounts.

8

— to the Trustees, his Death or Removal, or that of the Treasurer, no Ground for the Discontinuance of an Action.

40

— to be deemed Plaintiff or Defendant in an Action, but not personally answerable for Damages. See Damages.

41

— competent Witness in an Action, though nominally Plaintiff or Defendant.

ibid.

— to enter Contracts in a proper Book.

23

CLOATHING. See Arms.

COACH, Chaise, Waggon, Cart, Truck, Wheelbarrow, or other Carnage whatever, driven upon any Footway within the Jurisdiction of the Act, Penalty for, not exceeding £5.

34

COACH-HOUSES. See Stables.

COLLECTOR of RATES to be appointed, and how.

5

COMPLAINTS, Costs incident to, how to be levied, if not paid on Conviction. See Penalties.

36, 37

CONTRACT for doing WORKS, &c. connected with the Execution of the Act, may be yearly, or otherwise.

23

— &c. not to continue in force for more than Three Years from the Time of contracting.

ibid.

— all Contracts for doing Works, &c. connected with the Execution of the Act, to be entered in a proper Book.

ibid.

COMMISSIONERS of SEWERS. See Sewers.

COMPENSATION for special Damage done by Parties’ irregularly distraining. See Irregularity.

39

CONVICTION of OFFENDERS, &c. See Justice.

— Form of.

ibid.

— Appeal against. See Appeal.

41

COSTS and EXPENSES respecting the Contamination of Water by any Escape of Gas, to be determined (if requisite) by a Justice of Peace. See Water.

16

— and Expenses occasioned by Distress, &c. to be determined by Justice of the Peace. See Justice.

29

— and Expenses occasioned by Distress, &c. may be sued for, &c. with full Costs of Suits, &c. by the Trustees. See Action.

ibid.

COSTS, &c. incident to a Complaint, hour to be levied, if not paid on Conviction. See Penalties.

36

— awarded by the Trustees at the Quarter Sessions, Sureties for an Appellant must be conditioned to pay such. See Sureties.

39

— if not paid on Decision of the Justices at the Quarter Sessions, the Delinquent to be committed to the Common Gaol or House of Correction. See Justices.

ibid.

See Damages.

— when Plaintiff is to pay Treble, and how recoverable. See Verdict.

42

— of Performance of Conditions for renting Ground for a Pleasure Garden, to be paid out of Rates made by virtue of the Act.

22

Cost of every Lease for renting Ground for a Pleasure Garden, to be paid out of the Rates made by virtue of the Act.

ibid.

— Costs and Expenses of obtaining and passing the Act to be paid out of the first Monies raised by virtue of it.

43

D.

DAMAGE done by fixing of Lamps. See Lamps.

— Special, done by Parties’ irregularly distraining, Compensation for, how recoverable. See Irregularity.

38

— Damages or Costs recovered against the Clerk or Treasurer, not to be paid by them, but by the Trustees, out of the Money raised under the Act.

41

— wilfully done to the Pavements, Lamps, Fences, Trees, Walks, &c. &c. in Brompton Square, Penalty for.

24

— done to the Pavements, Lamps, &c. Satisfaction to be made for.

ibid.

— &c. Satisfaction fur, how to be obtained.

ibid.

— and Injury. To be made good to the Trustees by the Water-works Company, all Damage which may have been caused by an Examination of the Pipes respecting the Contamination of Water by Gas, if the Gas be not the Occasion of the Nuisance.

16

— the Amount of Loss, Injury, Damage, &c. done to Footways, &c. to be determined, if requisite, by a Justice of the Peace. See Justice.

ibid.

DEFENDANT in an Action may plead specially or the general Issue, and at the Trial thereof give this Act and the special Matter in Evidence.

42

— Verdict to be found for, if, in an Action, the Thing complained of appear to have been done under Authority of the Act; or if the Action be brought contrary to the Restrictions, &c. which the Act has laid down. See Verdict.

ibid.

DEMURRER. If, on Demurrer, Judgment be given against Plaintiff, Defendant to have Treble Costs. See Verdict.

ibid.

DISCHARGE. See Payment.

DISTRESS and SALE by, of the Goods, &c. of any Officer, having Money for which he has not accounted, and having refused to give Account, &c. See Notice.

6

DISTRESS, Warrant of. See Warrant.

— not illegal from Informality.

38

— Persons making, not Trespassers from any Informality in the Proceedings.

ibid.

— Persons making, not Trespassers ab initio, on account of any subsequent Irregularity.

ibid.

DUNG. See Mud.

DUST, Trustees to contract for taking away.

21

DUST, ASHES, &c. See Mud.

E.

EXAMINATION respecting Gas; upon Examination, should it appear that Contamination has not arisen from an Escape of Gas, the Expenses and Costs of Digging to be borne by the Water Company, &c.

15

EXECUTION of the Act. See Notices, Form, Proceedings.

EXEMPTION from General Rates. See Rates.

EXPENSE of removing Gas Pipes from private Dwelling Houses, &c. See Pipes.

EXPENSES incident to inclosed Area of Brompton Square, to be wholly borne by the Tenants and Occupiers of Houses. See Costs.

19

F.

FARLAR, WILLIAM, Esq.

1

FILTH. See Mud.

FIREWORKS, discharging them in Brompton Square.

32

FOOTBALL, or any other Game, playing at, in Brompton Square.

ibid.

FOOTWAYS and CARRIAGEWAYS, Trustees shall cause to be properly formed, repaired, cleansed, watered, drained, protected with Posts, &c. or altered, as they think necessary. See Penalty.

9

— &c. if broken up for the laying of Pipes or any other Purpose, the Work to be expeditiously completed, and the Footways, &c. put in as good a State as before, at the Expense of the Company or Persons so breaking them up.

10

— &c. if not repaired by the Parties causing them to be broken up, for 24 Hours after the Completion of the Work for which they were broken up, the Trustees to have them properly repaired, and may compel the Parties who caused them to be broken up, to defray the Cost of repairing.

11

— &c. Expense of repairing, how to be recovered by the Trustees of Persons failing to reinstate such Footways, &c. after causing them to be broken up.

ibid.

— &c. first Expense of, not to be defrayed by Trustees. See Trustees.

FORFEITURES, how recoverable. See Penalties.

FORM, Matter of, in any Conviction or Proceeding under the Act, may be amended by the Trustees at the Quarter Sessions.

38

— Want of, no Ground for quashing or vacating any Proceedings connected with the Execution of this Act. See Proceedings.

ibid.

G.

GAME, i.e. Play, &c. See Football.

GAOL, or House of Correction, any Officer having received Money for which he has not accounted, and having refused to give Accounts, may be committed to. See Notice. Satisfaction.

6, 7

GARDEN. See Pleasure Garden.

GARDEN-POT or TUB, Penalty for placing or putting out, upon or before any Building next or towards any Footway within the Jurisdiction, &c. unless properly secured from falling.

33

GAS found to escape, speedy Means to be taken to prevent it. See Notice. Penalty.

16

GAS PIPES. See Pipes.

GAS WASHINGS. See Penalty.

GATES to be erected at the Entrance of Brompton Square.

21

— to be kept up and preserved by the Trustees.

ibid.

— to be kept closed during such Hours as the Trustees shall direct.

ibid.

— a Key or Keys of the Gates to be left in the Charge of the Watchmen, during the Hours appointed by the Trustees for the Gates to be closed.

ibid.

GOODS. See Stall.

GOODS and CHATTELS liable to Distress, in case of the Non-payment of Penalties. See Penalties.

35, 36

GRAND JUNCTION WATER-WORKS. See Water-works.

GRAVELLING. &c. See Owners.

GROUND for Pleasure Garden, to be subject to Stipulations, agreed upon between the Trustees and Wm. Farlar, his Heirs, &c.

21, 22

— Lessees of, their Estate and Interest, to vest in the Trustees for the Time being.

ibid.

H.

HORSE, BEAST, &c. wilfully suffering them to go upon any Footway, &c.

35

— &c. fastening any Horse, &c. to any House, Wall, Fence, Post. Rail, &c. or across any Footway, &c.

ibid.

— &c. riding or leading a Horse, &c. on any Footway within the Jurisdiction of the Act.

ibid.

— &c. driven by any Person in any Part of Brompton Square for the Purpose of breaking him in, offering him for Sale, &c., Penalty not exceeding £5.

ibid.

HOUSE of CORRECTION. See Gaol.

HOUSES. Trustees to order them to be numbered. See Penalty.

I.

INFORMALITY of Proceedings in making Distress, See Distress. Irregularity.

INFORMATION in Writing, not necessary to the Conviction of an Offender.

36

INHABITANTS of any House, &c. within the Jurisdiction of this Act, may be a competent Witness in any Action, &c. relating to its Execution, or to any Rate made in pursuance thereof.

40

INSPECTION of ACCOUNTS, Clerk refusing to permit. See Penalty incurred, &c.

IRREGULARITY, subsequent, of Parties’ distraining, does not render them Trespassers ab initio. See Distress.

38

— of Parties’ distraining. Persons aggrieved by, may recover Compensation for special Damage by Action, subject to certain Limitations.

ibid.

ISSUE. See Defendant.

J.

JAIL. See Gaol.

JUDGMENT, when, on Demurrer, Judgment is given against Plaintiff, Defendant to have Treble Costs. See Verdict.

42

JURISDICTION of the Trustees defined.

9

JUSTICES of Peace for Middlesex, Penalties recoverable before.

36

— to summon Offenders liable to Penalty under the Act.

ibid.

— to determine Complaints and convict Offenders on Proof, either by their own Confession or the Oath of credible Witness or Witnesses, even without Information in Writing.

ibid.

— to grant Warrants for Distress on Goods and Chattels, in case of the Nonpayment of Penalties.

ibid.

— Penalties recoverable before.

ibid.

— may order Offenders to be kept in Custody till Return can be made to Warrant of Distress, unless satisfactory Security for their Appearance be given.

ibid.

— in what Form he may cause the Conviction of Offenders to be drawn up.

37

— may take Security for the Appearance of Offenders convicted under this Act, by way of Recognisance or otherwise.

36

— at the General Quarter Sessions, on Proof of due Notice given and Recognisance entered into, to determine Matters of Appeal, award Costs, levy Costs by Distress, and commit the Delinquent to the Common Gaol for Six Months, or until the Costs awarded be paid.

37

— at Quarter Sessions, may amend any Rate, Assessment, or Matter of Form in any Conviction or Proceeding under this Act.

39

— of Peace for Middlesex may act as such in the Execution of the Act, though also a Trustee.

40

— of Peace, his Decision may be appealed against at the next Quarter Sessions. See Appeal. Aggrieved.

38, 39

K.

KEY or KEYS of the Gates, to be left in the Charge of the Watchmen during the Hours appointed by the Trustees for the Gates to be closed.

21

KEYS of the Pleasure Garden, to be granted only to the Occupiers of Houses in the Square, except with the written Consent of the Majority of the Trustees.

22

— to the enclosed Area of Brompton Square, not to be made without written Consent of Trustees.

ibid.

— false, to the enclosed Area of Brompton Square, Penalty for making, selling, or knowingly purchasing.

ibid.

— false, &c., may be seised, &c. by Authority of Trustees.

25

L.

LAMPS, &c. to be set up, in and about the Footways, &c. within Jurisdiction of the Act, on or against Walls or Palisadoes belonging to any contiguous House, &c.

10

— to be lit with Oil or Gas, during such Hours, &c. as the Trustees judge proper.

ibid.

— if unlawfully extinguished, the Offender to pay a Penalty not exceeding £5.

ibid.

— Damage done to any Building, &c. by fixing of, to be repaired by the Trustees out of the Money raised under this Act.

ibid.

— Lamp Irons, &c. vested in the Trustees.

23

LAND, Description of, at Brompton Square, claimed to be seised by Wm. Farlar, Esq.

1

LANDLORD, claiming or receiving the Rent of Lodgers, &c., to be rated as the Occupiers, &c.

26

LEASE of Ground for an enclosed Area in Brompton Square, may be contracted for in the Names of Five Trustees.

22

— of Ground for Pleasure Garden, to be taken and accepted by the Trustees from Wm. Farlar, his Heirs, &c.

ibid.

— Cost of, to be paid out of the Rates made by virtue of the Act.

22

— of Room or Building for Transaction of Business relating to the Act, may be taken and accepted by Trustees to themselves, any of them, or any Person in Trust for them, for any Number of Years, at such Rent as they shall from Time to Time think fit. See Trustees.

41

— of enclosed Area in Brompton Square, when obtained, how affecting Rates. See Rates.

25

LESSEES of Ground for Pleasure Garden; their Estate and Interest to vest in the Trustees for the Time being.

24

LIME, slacking or sifting, &c. in Brompton Square. Penalty for. See Provision.

32

M.

MATERIALS for the Footways, &c. vested in the Trustees.

23

MEETINGS, Expenses of, by whom to be defrayed.

4, 5

— Five a sufficient Number to form a Meeting.

ibid.

— Five, or any Number under Five, may adjourn.

ibid.

— First Meeting to be held on the Fourth Monday, &c. at the Grapes Tavern at Brompton. See Chairman.

ibid.

MEETINGS, adjourned, where and when.

ibid.

— Notice respecting adjourned Meetings.

ibid.

— Special.

ibid.

— Neglect or Omission to adjourn.

ibid.

MERCHANDISE. See Stall.

MIDDLESEX, West, Water-works. See Water-works.

MONIES received by an Officer, or collected by him by virtue of the Act, and upon Inspection of his Accounts, before refused to be given, not accounted for, on Nonpayment thereof, any Justice, by Warrant under his Hand, may cause such Monies to be levied by Distress, &c., or, if Goods and Chattels be not sufficient, &c. &c. to be committed to the Common Gaol or House of Correction, &c. for Six Calendar Months.

5, 6

— may be raised on the Credit of the Rates by way of Loan on Annuity.

30

— charged in consequence of Alteration or Amendment of Rates, may be recovered and levied, &c. as an original Insertion.

28

— arising from Penalties, to whom to be paid, and how to be disposed of. See Penalties.

37

MONTH. A Month’s Notice to be given of intended Action.

41

MORTAR, making it in Brompton Square. See Provision.

32

MUD, Dust, Sand, Rubbish, Filth, Dung, Ashes,—Penalty not exceeding £5 for placing, within the Jurisdiction of the Act.

33

N.

NAMES of Streets, Numbers of Houses, Trustees to order them to be set up. See Penalties.

20

NAMES, Orders, and Proceedings of the Trustees at Meetings to be entered into a Book kept for the Purpose. See Trustees. Proceedings.

32

NIGHT-SOIL. See Bog-house.

NOTICE respecting adjourned Meetings.

4

— signed by Three or more Trustees, to be given to Officers who shall refuse to give true and perfect Accounts of the Monies, &c. before any other legal Step can be taken.

6

— by Parol or in Writing, to be given to the Trustees or Gas Light Company respecting the Escape of Gas.

17

— to be given in case Gas Washings, &c. shall be conveyed into any River, Stream. &c.

ibid.

— to be given to Persons neglecting to put up Fences, Lights, &c. during Repairs, and also to remove them in proper Time. See Penalty. Repairs.

34

— in Writing properly signed. &c. respecting the Contamination of Water by Gas, to be given to the Trustees or Gas Company, before the Penalty of £10 can be exacted, or any legal Step can be taken. See Pipes.

14

— written, of intended Action, stating fully the Cause of Action, Name, and Place of Abode of intended Plaintiff, and of his Attorney or Agent, to be left at the usual Residence of the intended Defendant, a Month previously to the Commencement of the Action.

41

— of Appeal to the Quarter Sessions against Decision of Trustees or Justice of Peace, to be given to the Clerk of the Trustees. See Appeal.

39

NOTICES or SUMMONSES, requisite for carrying this Act into Execution, may be written or printed, or partly both.

40

— may be served by delivering them to the Persons to whom they are directed, or leaving them at the last known Residence of such Persons, or at, or upon, any House, &c. whereunto they respectively relate.

ibid.

NUMBERS. See Names of Streets.

NUISANCES and ANNOYANCES, Penalty for.

34

O.

OATH, to be taken and subscribed to, by every Owner or Occupier of a House, &c. before he can act as Trustee. See Unqualified Persons.

3

OCCUPIER or LODGER, to be liable, under a Modification, to be distrained for Rates, &c. due at the Time of making the Distress.

27

— having been distrained, &c. may deduct the Amount, &c. out of the Rent, payable by him to the Person or Landlord rated.

ibid.

OFFENDERS, may be apprehended without any other warrant or Authority than the Act.

35

— liable to Penalty, to be summoned before any Justice of the Peace for Middlesex. See Justice.

— not having Goods and Chattels whereon sufficient Distress can be taken, to be committed to the Common Gaol. See Warrant.

37

— Form of Conviction of.

ibid.

OFFICERS, how to be appointed.

5

— if requisite, how to be removed.

ibid.

— to give true and perfect Accounts in Writing of all Receipts and Payments of Monies to the Trustees, or to such Persons as they shall nominate. See Monies.

5, 6

— neglecting to give up Papers, &c. within Seven Days after being required by a Notice in Writing, any Justice of the Peace, upon Complaint of the Trustees, may issue a Warrant. See Warrant. Justice.

6, 7

OFFICERS or PERSONS engaged in the Execution of this Act, Penalty for obstructing them.

35

ORDERS and Determinations of Trustees to be made at Meetings to be held pursuant to the Act, and not otherwise. See Names.

4

— none to be made at any Meeting, without the Concurrence of the Majority of the Trustees present. See Chairman. Names.

5

— Revocation of, and Exception.

ibid.

— written Notice respecting the Revocation of Orders, to be given by Three or more Trustees under their Hands, at a previous Meeting.

ibid.

OWNERS and OCCUPIERS of HOUSES, &c. beneficial to them, and also of public Advantage, to provide by Law for the paving, gravelling, &c. and for the Maintenance of a Pleasure Garden in the Square. See Owners.

1

P.

PAVING, gravelling, forming, &c. Footways or Carriageways, first Expence of, not to be defrayed by Trustees. See Trustees. Owners.

43

PAYMENTS of RATES after a Distress upon Occupier, Lodger, &c. to be a sufficient Discharge for so much Rent as shall be due to the Landlord.

27

PENALTY for unqualified Persons acting as Trustees, Fifty Pounds.

3

— to whom to be paid.

ibid.

— how and where to be recovered.

ibid.

— for the Offices of Clerk and Treasurer being accepted by the same Person or disqualified Parties, One hundred Pounds. See Trustees.

8

— for the Offices of Clerk and Treasurer, being accepted by the same Person or disqualified Parties, or for the Treasurers’ accepting another Place of Profit or Trust under the Trustees, to be recovered with full Costs of Suit in any of His Majesty’s Courts of Record at Westminster, by Action of Debt or on the Case, or by Bill, Suit or Information, without Allowance of Essoign, Protection or Wager of Law, or of more than one Imparlance.

ibid.

— incurred by Clerk for refusing to permit Inspection of the Accounts, not to exceed £10.

9

— for taking up or breaking Footways, &c. without Consent of Trustees, not to exceed £10.

10

— for unlawfully extinguishing Lamps. See Lamps.

— for not removing Contamination of Water by Gas, of £10 per Diem (proper Notice having been previously given,) to be paid by the Trustees or Gas Company to the Secretary or chief Clerk of the Water Works Company, or else legally recovered with Costs. See Pipes.

15

— of £5 per Diem, for neglecting to use Measures for stopping the Escape of Gas, within Twenty-four Hours after written Notice shall have been given.

17

— of £200 for conveying, or causing to be conveyed, Gas Washings, &c. into any River, Stream, Sewer, &c.

18

— to be paid to any Person or Persons who shall sue for the same in any of His Majesty’s Courts, &c.

ibid.

— no Essoign, Protection of Law, and not more than one Imparlance allowed.

ibid.

— not recoverable, unless sued for within Twelve Calendar Months next after an Annoyance.

ibid.

— of £20 in Addition to the £200 for each and every Day, after a written Notice shall have been given that Gas Washings &c. are conveyed into any River, &c.

19

— to be paid to the Informer, &c. or to the Person who shall have sustained any Annoyance.

ibid.

— not exceeding 10l. for unlawfully removing Dust.

21

— for certain Nuisances and Annoyances.

24

— for placing Garden-pot or Tub, &c. See Garden-pot.

— for not erecting or placing proper Enclosures to prevent Accidents, during the Repairs of Houses. See Repairs.

— for keeping Swine. See Swine.

— not exceeding £10 for obstructing Trustees in the Execution of the Act.

35

— not exceeding £10 on Person or Persons summoned to give Evidence before a Justice of Peace, respecting an Offence punishable under the Act, and failing to attend, &c.

ibid.

— not exceeding £5 for assaulting a Watchman.

20

— on every Victualler who shall harbour or entertain a Watchman during the Time appointed for his being on Duty.

ibid.

— not exceeding £2 on a Watchman for Misconduct.

ibid.

— not exceeding £5 for defacing Names of Streets or Numbers of Houses, unless, within Seven Days after a written Notice shall have been given, the same be reinstated.

ibid.

— for wilfully damaging the Pavements, Lamps, Fences, Trees, Walks, &c. &c. in Brompton Square.

24

— for making, selling, or knowingly purchasing false Keys to the enclosed Area of Brompton Square.

25

— for not securing Gas Pipes. See Pipes.

13

PENALTIES. All those not before particularly directed, recoverable before any Justice of Peace for Middlesex, on Complaint made within Six Months after the Commission of the Offence.

36

— if not paid on Conviction, to be levied by Distress and Sale of Goods and Chattels of the Offender, by Warrant under the Hand and Seal of the Justice of the Peace for Middlesex.

36

— Money arising from, unless where otherwise directed, to be paid to the Treasurer of the Trustees; and (except that Part which the Trustees are empowered to dispose of in Rewards,) to be applied for the Purposes of this Act.

37

PIGS. See Swine.

PIPES, Gas, not to be affixed to a House, &c. without the Occupier’s Permission.

12

— Regulations for the laying down of.

ibid.

— Penalty for not properly securing, so as to prevent the Escape of Gas, £5

13

— to be removed from Dwelling Houses, &c. within Seven Days next after Service of a written Notice has been given to the Trustees or Gas Company by the Owners or Occupiers of such House, &c.

ibid.

— Expenses of removing Gas Pipes from Dwelling House, to be paid by Trustees or Gas Company, and legally recovered before a Justice of Peace.

ibid.

— if Water be contaminated by, the Trustees or Gas Company shall, within 24 Hours after receiving proper Notice from the Water Works Company, take Measures to remedy such Contamination, under Penalty of 10l. for every Day during which the Water remains contaminated.

14

PLEAD, Defendant in an Action may plead specially, or General Issue.

42

PLEASURE GARDEN in the Square. See Owners.

— to be maintained and preserved, subject to Stipulations of Lease.

21

— Lease of Ground for the laying out of, lawful to be contracted for, by the Trustees in the Names of Five.

21

— Ground for, to be subject to Stipulations agreed upon between the Trustees and William Farlar, his Heirs, &c.

ibid.

— Lessees of Ground for, their Estate and Interest to vest in the Trustees for the Time being.

ibid.

— to be kept for the exclusive Use of Persons, occupying Houses in the Square.

ibid.

— to be fenced in with substantial Iron Railing, and secured with proper Entrance Gates and Locks.

ibid.

— Access to, to be confined to the Occupiers of Houses in the Square.

ibid.

— Railing, Gales, Locks, Plants, Materials for Gravel Walks of, &c., to be vested in the Trustees during the Continuance of any Lease of the enclosed Area granted to them.

23

POST, Rails, &c. vested in the Trustees.

ibid.

PROCEEDINGS of unqualified Persons acting as Trustees in the Execution of the Act, previous to Conviction, to be good and valid.

3

— no Proceeding, connected with the Execution of this Act, to be quashed for Want of Form, or removed by any Writ or Process into any of His Majesty’s Courts of Record.

39

— an Entry of, to be signed by the Chairman at the next Meeting. See Names.

32

PRODUCE of Annuity not to exceed more than One-fifth of the Income which a Sum equal to the Purchase Money would produce, &c. according to the Rate prescribed by Two Acts passed in the Reign of His late Majesty, intituled “An Act to enable, &c.” and “An Act for amending, &c.”

31, 32

PROMISSORY NOTE, &c. Form of, for Money raised on the Credit of Rates.

30

— or Form of Security, to be transferrable by Indorsement, &c.

31

PROVISION, that no Person shall be subject to any Penalty for Rubbish before Houses when repairing.

34

PUBLIC, this Act to be judicially noticed as such. See Act.

Q.

QUARTER SESSIONS. Appeal to, against Decision of Trustees or Justice. See Appeal. Aggrieved. Justices.

39

— General, Determination of Justices at, to be final and conclusive.

ibid.

— — Justices at, may amend any Rate, Assessment, or Matter of Form, in any Conviction or Proceeding under this Act.

ibid.

R.

RAILS. See Posts.

RATE, First, by virtue of the Act, to be for Two Quarters, ending at Christmas, after passing the Act.

28

RATES, all, to be just and equal.

ibid.

— may be amended by the Trustees at any Meeting pursuant to the Act.

ibid.

— every Rate subsequent to the first, shall be for One whole Year, commencing, &c.

ibid.

— to become due immediately upon the making thereof; but may be collected in one or several Payments, &c. See Trustees.

ibid.

— and Monies due in pursuance of the Act, to be vested in the Trustees. See Trustees.

ibid.

— to be paid to such Person or Persons as the Trustees shall from Time to Time appoint to receive the same. See Trustees. Money. Loan. Annuity.

ibid.

— to be applied, &c. by the Trustees in defraying the Expenses of, and incident to, the Execution of this Act, and otherwise as in, or by, this Act is directed. See Trustees.

ibid.

— to be levied, upon refusing or neglecting to pay them.

28

— upon Refusal or Neglect to pay any Part, &c. of Rates, &c. any Justice for the County is empowered (after due Notice, &c. issued,) to grant a Warrant. See Warrant.

ibid.

— Arrears &c. to be levied with incidental Costs, &c. by Distress of the Goods, &c. of Persons neglecting or refusing to pay.

ibid.

— &c. if not paid within Five Days after Distress shall be taken,—Goods and Chattels sufficient to pay the said Rates, &c. to be appraised and sold.

ibid.

— Overplus, if any, to be returned to the Owner.

ibid.

— &c. In Default of a Distress, &c. the Person or Persons to be committed to the Common Gaol, &c. there to remain without Bail for any Time not exceeding Six Calendar Months, unless, &c.

ibid.

— for Houses let out furnished, or in Lodgings, &c. how to be charged.

26

— to be made by the Trustees on Tenants and Occupiers of all Lands, Houses, Shops, Coach Houses, Stables, Erections, Buildings, and Tenements within the Jurisdiction of the Act.

25

— to be just and equal Pound Rates, according to the annual Rent or Value of the Premises assessed.

ibid.

— to appear distinctly in each, what Part shall be raised in respect of Costs and Expenses.

ibid.

— not to exceed, in any one Year, 2s. in the Pound of the annual Rent or Value of the Property rated, except after a Lease of the enclosed Area shall have been obtained.

26

— in respect of Houses in the Square, after a Lease of the enclosed Area shall have been obtained, not in any one Year to exceed 2s. 6d. in the Pound of the Rent or annual Value.

ibid.

— in making, Stables and other Buildings belonging to Houses in the Square, not to be rated as separate Buildings.

26

— to facilitate the making of, Trustees, or those appointed by them, may examine Books of Assessment affecting Houses, &c. within the Jurisdiction of the Act.

ibid.

— Persons exempted from the Payment of; how the Rates of Houses occupied by such Persons are to be charged. See Ambassador.

ibid.

— Persons rated under this Act not liable, in respect of the same Premises, to any general Rate for paving, lighting, or watching any Part of Kensington, or any particular Street, Road, or Place.

42

— Persons aggrieved by, may appeal after Payment. See Appeal.

38

— Payment of, to be made before it is appealed against.

ibid.

— Assessment, or any Matter of Form in any Conviction or Proceeding, connected with the Execution of the Act, may be amended by the Justices at the Quarter Sessions.

40

RECOGNISANCE, Justice empowered to take Security for Appearance of Offenders by. See Justice.

36

— to be entered into before a Justice of Peace by Appellants against Decision of Trustees. See Appeal.

ibid.

RECOVERY of Costs. See Costs.

RENT, Rates. See Landlord. Occupier. Payment of Rates.

— of Lease for Pleasure Garden, not in the whole, at any one Time, to exceed £30 per Annum.

22

— of Ground for Pleasure Garden to be paid out of Rates made by virtue of the Act.

ibid.

— of Room or Building engaged by Trustees for transacting Business, to be paid out of the Money raised by virtue of the Act.

41

REPAIRS, Houses or Buildings under Repair to be properly enclosed, and convenient Space left for Carriages, &c. to pass, &c. with Ease and Safety.

34

— to prevent Accidents from, a Light to be kept up from Sun-set to Sun-rise.

ibid.

— when finished, all Rubbish, Building Materials, &c. to be removed within a reasonable Time.

ibid.

— Houses, &c. under Repair, if not properly enclosed and sufficient Light kept up from Sun-set to Sun-rise, to prevent Accidents, Notice having first been given by the Clerk of the Trustees to the Party offending,—Penalty not exceeding £10

35

RIDING, &c. See Horse.

ROOM or Building may be hired by Trustees for Transaction of Business relating to the Act. See Trustees.

41

S.

SATISFACTION being made to the Trustees by an Officer, having before refused to give or deliver up to the Trustees proper Accounts or Vouchers respecting Monies, &c. and having been committed to Prison,—to be released.

6

SECURITY, Form of, for Money borrowed on the Credit of Rates.

30

— sufficient, to be given to the Justice of Peace for the Appearance of Offenders convicted under this Act. See Justice.

36

SERVING of Notices, how to be executed. See Justices.

41, 42

SEWERS, Commissioners of, for Westminster and Part of Middlesex, their Rights and Authorities not to be prejudiced by this Act.

43

SPECIAL MEETINGS. See Meetings.

SPECIAL PLEADING of this Act, not necessary to its being judicially noticed as a Public Act.

44

STABLES, Coach Houses, &c. not to be rated as separate Buildings. See Rates.

26

STALL, Stall Board, Basket, Goods, Wares, Merchandize, Penalty not exceeding £5 for placing them within the Jurisdiction of the Act.

33

SUIT. See Action.

SUMMONED, the Person or Persons to give Evidence before any Justice of Peace respecting an Offence punishable under the Act failing to attend, &c. and Qualification respecting Excuse.—Penalty not exceeding £10.

35

SUMMONS. See Notice.

SURETIES, Two necessary for an Appellant against Decision of Trustees or Justice; they must be conditioned to try such Appeal at, abide the Order of, pay the Costs awarded, and pay the Penalty of a Conviction, if affirmed. See Appeal.

39

SWINE, Penalty not exceeding £5 for keeping or breeding within the Jurisdiction of the Act.

34

T.

TENDER of sufficient Amends to Parties aggrieved, to prevent the Commencement of an Action. See Action.

42

TRANSACTION of Business, Room or Building may be hired for. See Trustees.

41

TREASURER to be appointed, and how.

5

— &c. not to be Clerk. See Trustees.

7

— his Death or Removal, no Ground for the Discontinuance of an Action.

40

— to be deemed Plaintiff or Defendant in an Action, but not personally answerable for Damages. See Damages.

ibid

— competent Witness in an Action, though nominal Plaintiff or Defendant.

ibid.

— to accept no Place of Profit or Trust under the Trustees, under Penalty of One hundred Pounds. See Penalty.

8

TRUSTEES, how to be described in Actions.

24

— Qualification of.

2

— may appoint or remove Officers, and regulate their Salaries.

5

— present at Meetings, empowered to act for themselves, and for those who are absent.

ibid.

— to cause to be entered in a Book, kept for the Purpose, the Names and Proceedings at Meetings.

32

— may not appoint their Clerk or his Partner, or anyone employed by him, to be their Treasurer; nor their Treasurer, his Partner, or any one employed by him, to be their Clerk.

7

— to cause their Clerk to keep a Book of Accounts of the Money received and expended on account of the Act; which Book or Books shall be open to the gratuitous Inspection of Trustees and Persons rated under the Act.

8

— their Jurisdiction defined.

9

— may compel Parties breaking up the Footways, &c. to pay the Expense of their Reparation. See Footways.

10

— to cause Lamp Posts, &c. to be set up. See Lamps.

11

— to repair Damage done by fixing of Lamps. See Lamps.

ibid.

— to cause Nuisance from Gas to be removed. See Pipes.

14

— Gas Light Company, &c. to bear the Costs of searching and digging, when Water is contaminated by an Escape of Gas. See Notice, Costs, Expenses, Examination, Damage, Penalty, and Justice.

16

— to appoint Watchmen, and to determine respecting their Wages and Hours of watching.

19

— to provide Arms, Clothing, Watch Boxes.

ibid.

— to provide a Watch House.

ibid.

— to appoint when the Gates of the Square are to be closed, and when to be opened.

21

— to contract with Persons to cleanse the Carriageways, and to take away Dust, Cinders, &c.

ibid.

W.

WATCH BOXES to be provided and set up where the Trustees shall appoint.

18

— Arms, Clothing for Watchmen, &c. vested in the Trustees.

23

WATCH HOUSE, for the Custody of Persons apprehended by the Watchman while on Duty.

18

WATCHMEN to be appointed to patrol, &c. Places within the Jurisdiction of the Act.

ibid.

— to have the Charge of the Keys of the Gates at the Entrance of the Square. See Gates.

21

WATER, if contaminated by any Escape of Gas, the Costs of searching and digging, &c. to be borne by the Trustees, Gas Light Company, &c.

15

WATER WORKS COMPANY, lawful for them to dig to and about, &c. all the Pipes, &c. to remove the Contamination of the Water by Gas. See Pipes.

14

— of Chelsea, West Middlesex, and Grand Junction, their respective Rights and Powers, &c. not to be prejudiced by this Act.

43

WHEELBARROW, &c. See Coach.

WITNESS.—Trustee or Occupier of House within Jurisdiction of this Act may be a competent Witness in any Action relating to the Execution of it, &c. See Trustees. Inhabitant.

40

— Clerk or Treasurer may be a competent one, though nominally Plaintiff or Defendant. See Clerk, Treasurer.

41

                                                                                                                                                                                                                                                                                                           

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