Part 1

Transcribed from the 1807 George Eyre and Andrew Stranan edition by David Price, email [email protected] 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.