Part 3

And every such Grant shall be good, valid, and effectual in the Law; and every Annuity so to be granted as afore said shall be, and is hereby charged upon, and shall be payable and paid, free from all Taxes and Deductions, out of the said Rates or Assessments: Provided nevertheless, that no greater Sum in the Whole than Ten thousand Pounds shall be raised by Loan or Mortgage, and by the Sale or granting of Annuities as aforesaid; and that, before any such Money shall be borrowed, or Annuity granted, fourteen Days Notice at the least shall be given in some Newspaper published in _London_ or _Westminster_, signifying the Intention of borrowing such Money, or granting such Annuities.

Security may be transferred.

XXVIII. And be it further enacted, That it shall be lawful for the Persons entitled to any of the Securities for the Money borrowed, or for the Annuities granted as aforesaid, by Writing under their Hands and Seals indorsed thereon, to transfer the same to any Person or Persons in the Words or to the Effect following:

Form of Transfer.

I _A. B._ do hereby assign the within Mortgage [_or_ Grant of Annuity], and all my Right and Title in and to the Principal Money and Interest [_or_ Annuity, and all Arrears now due thereon] thereby secured, unto _C. D._ his Executors Administrators, and Assigns. Dated the . . . . . . Day of . . . . . .

And Entries or Memorials of all Mortgages or Assignments, and Grants of Annuities, which shall be made in pursuance of this Act, and of all Transfers thereof, expressing in Words at Length the Names, Additions, Places of Abode, and other proper Descriptions of all such Persons as shall from Time to Time be entitled to the Principal Money and Interest, or the Annuities thereby respectively secured, shall be entered in a Book, to be kept for that Purpose, by the Clerk to the said Commissioners, to which Book any Person interested shall, at all seasonable Times, have Access, and shall have free Liberty to inspect the same, without Fee or Reward; and for the Entry of every such Assignment the said Clerk shall be paid Two Shillings and Sixpence, and no more; and every such Transfer shall entitle the Person or Persons, to whom the same shall be made, and his, her, or their Executors, Administrators, and Assigns, to the Benefit of the Security thereby transferred; and all Persons to whom such Mortgages or Assignments, or Grants of Annuity, shall be made, or who shall be entitled to the Money thereby secured, shall be, in Proportion to the Sums therein respectively mentioned. Creditors on the said Rates or Assessments equally one with another, without any Preference in respect to the Priority of advancing such Money, or the Dates of any such Mortgages or Assignments, or Grants of Annuity.

Application of the Money.

XXIX. And be it further enacted, That all the Money to arise by or from the said Rates or Assessments, and which may be borrowed or advanced for the Purchase of any Annuities on the Credit or Security thereof, shall be applied, in the first Place, in paying and discharging the Expences attending the obtaining and passing this Act, and afterwards from Time to Time in paying the Interest of the principal Money to be borrowed, and the Annuities to be granted as aforesaid, and in defraying the Expences of paving, repairing, cleansing, lighting, watching, and watering the said several Streets, and other publick Passages and Places, and of carrying this Act into Execution, and in paying off the said principal Money, in such Manner as the said Commissioners shall think proper.

Recovery of Penalties.

XXX. And be it further enacted, That all Penalties and Forfeitures by this Act imposed (the Manner of recovering whereof is not hereby otherwise directed) shall be levied and recovered by Distress and Sale of the Goods and Chattels of the Offender or Offenders, by Warrant under the Hand and Seal of any Justice of the Peace for the County or Place wherein the Offender or Offenders shall be or reside (which Warrant such Justice is hereby empowered to grant, upon the Confession of the Party, or upon the Information of any credible Witness upon Oath), and such Penalties and Forfeitures shall (if not directed to be otherwise applied by this Act) be paid to the Treasurer to the said Commissioners, and applied for the Purposes of this Act; and in case sufficient Distress shall not be found, or such Penalties or Forfeitures shall not be forthwith paid, such Justice is hereby authorized and required, by Warrant under his Hand and Seal, to cause the Offender or Offenders to be committed to the common Gaol, or House of Correction, there to remain without Bail or Mainprize, for any Time not exceeding Three Calendar Months, unless such Penalties or Forfeitures, and all reasonable Charges attending the Recovery thereof, shall be sooner paid and satisfied.

Inhabitants may give Evidence.

XXXI. And be it further enacted, That in all Actions Prosecutions, Informations, Causes, and Proceedings whatsoever, relating to or concerning the Execution of this Act, any Inhabitant residing within the Limits of this Act shall be admitted and allowed to give Evidence, notwithstanding such Inhabitant shall be charged with, and liable to pay any Rate or Assessment by virtue of this Act.

Appeal.

XXXII. Provided always, and be it further enacted, That if any Person shall think himself or herself aggrieved by any Rate or Assessment which shall be made in pursuance of this Act, he or she may apply to the said Commissioners, at their First Meeting to be holden after the Expiration of Five Days after the demanding of such Rate or Assessment; and the said Commissioners are hereby authorized and empowered, if they shall think such Person aggrieved, to give such Relief in the Premises as to them shall seem reasonable; and if any such Person shall be dissatisfied with the Determination of the said Commissioners therein, or if any Person shall think himself or herself aggrieved by any other Matter or Thing to be done in pursuance of this Act, every such Person may appeal to the Justices at any General or Quarter Session of the Peace to be holden for the County of _Middlesex_, within Four Calendar Months next after the Cause of Complaint shall have arisen, such Appellant first giving Fourteen Days Notice at the least in Writing of his or her Intention to bring such Appeal, and of the Matter thereof, to the Clerk to the said Commissioners, and within Five Days after such Notice entering into a Recognizance before some Justice of the Peace for the said County, with Two sufficient Sureties, conditioned to try such Appeal, and abide the Order of, and to pay such Costs as shall be awarded by, the Justices at such Sessions, and the Justices at such Sessions shall hear and finally determine the Cause and Matter of such Appeal in a summary Way, and award such Costs to the Party appealing or appealed against, as they shall think proper; and their Determination therein shall be final, binding, and conclusive to all Parties, and to all Intents and Purposes.

Limitation of Actions.

XXXIII. And be it further enacted, That no Action or Suit shall be commenced against any Person, for any Thing to be done in pursuance of this Act, until Thirty-one Days Notice thereof shall be given to the Clerk to the said Commissioners, or after sufficient Satisfaction, or Tender thereof, hath been made to the Party aggrieved, or after Three Calendar Months next after the Fact committed; and every such Action or Suit shall be brought and tried in the County of _Middlesex_, and not elsewhere; and the Defendant in every such Action or Suit shall and may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if the same shall appear to be so done, or if such Action or Suit shall be brought before Thirty-one Days Notice thereof shall be given as aforesaid, or after a sufficient Satisfaction shall be made or tendered as aforesaid, or after the Time herein-before limited for bringing the same, or shall be brought in any other County or Place than as aforesaid, then the Jury shall find for the Defendant; and upon such Verdict, or if the Plaintiff shall become Nonsuit, or discontinue his or her Action or Suit after the Defendant shall appear, or if upon Demurrer Judgement shall be given against the Plaintiff, then the Defendant shall recover Treble Costs, and have such Remedy for the same as any Defendant hath for Costs of Suit in Other Cases of Law.

Publick Acts.

XXXIV. And be it further enacted, That this Act shall be deemed, adjudged, and taken to be a Publick Act; and shall be judicially taken Notice of as such by all Judges, Justices, and other Persons whomsoever, without specially pleading the same.

* * * * *

FINIS.

ANNO QUADRAGESIMO TERTIO GEORGII III. Regis.

CAP. XI.

_An Act for amending_, _altering_, _and enlarging the Powers of an Act_, _passed in the Thirtieth Year of the Reign of His present Majesty_, _intituled_, An Act for forming and keeping in Repair the Streets, and other publick Passages and Places within a certain District in the Parish of _Saint Luke_, _Chelsea_, in the County of _Middlesex_, called _Hans Town_, and for otherwise improving the same.

[24th _March_ 1803.]

WHEREAS by an Act, made in the Thirtieth Year of the Reign of His present Majesty, instituled, _An Act for forming and keeping in Repair the Streets_, _and other publick Passages and Places_, _within a certain District in the Parish of_ Saint Luke, _in the County of_ Middlesex, _called_ Hans Town, _and for otherwise improving the same_, certain Powers were given and granted to the Commissioners of the said District for the several Purposes in the said recited Act mentioned and contained: And whereas the Commissioners of the said District, acting under the said Act, have proceeded in the Execution thereof to the great Benefit of the said District, and of the Publick at large; but that, in order more effectually to carry the Purposes of the said Act into Execution, it is expedient that the Powers thereof should be amended, altered, and enlarged: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, from and after the Commencement of this Act, it shall and may be lawful for the Commissioners of the said District to nominate and appoint any Person or Persons, and to purchase any Number of Carts and Horses for the Purpose of cleansing the Streets, and other publick Passages and Places within the Limits of the said District, and of carrying away the Dust, Dirt, Cinders, or Ashes from any House or Houses, or other Premises within the same, or to contract with any Person or Persons for so doing.

Contractors to bring proper Carriages into the Streets, and to give Notice of their Approach.

II. And be it further enacted, That the Person or Persons employed by or contracting with the said Commissioners for cleansing the said Streets, and other publick Passages and Places as aforesaid, or those employed under such Contractor or Contractors, shall Twice in every Week or oftener, bring or cause to be brought Carts or other proper Carriages into all the Streets, and other publick Passages and Places as aforesaid, where such Carts or Carriages can pass, and at or before their Approach, by sound of Bell, or with an audible and distinct Voice, give Notice to the Inhabitants of their coming, and give the like Notice in every Court, Alley, or Place into which the said Carts or Carriages cannot pass.

Penalty on Persons collecting Dust, etc. who are not authorized to do so.

III. And be it further enacted, That if any Person or Persons other than the Person or Persons so employed by or contracting with the said Commissioners for cleansing the Streets, and other publick Passages and Places, under their Direction, or those employed under such Contractor or Contractors, shall, on any Pretence whatsoever, go about to collect or gather, or shall ask for, receive, or carry away any Dust, Dirt, Cinders, or Ashes, from any House or other Premises within the Limits aforesaid, it shall and may be lawful to and for any Justice of the Peace for the said County of _Middlesex_, upon Complaint to him made, to grant a Warrant to bring before him such Offender or Offenders, at the Time and Place as in such Warrant shall be specified, or for any Person or Persons who shall see such Offence committed to seize, and also for any other Person or Persons to assist in seizing the Offender or Offenders, together with the Horses, Asses, Cattle, Carts, Trucks, Wheelbarrows, or other Carriages or Implements made use of for carrying away the same, and by the Authority of this Act, and without any other Warrant to convey him, her, or them before such Justice, and such Justice shall, and he is hereby authorized and required, to examine upon Oath, the Person or Persons apprehending such Offender or Offenders, or any Witness or Witnesses who shall appear to give Information touching such Offence; and if the Party or Parties shall be convicted of going about to collect or gather, asking for, receiving, or carrying away any Dust, Dirt, Cinders, or Ashes from any House or other Premises within the Limits aforesaid, not being the Person or Persons so employed by or contracting with the said Commissioners, or acting under his or then Authority, he, she or they shall respectively, for the First Offence, forfeit and pay the Sum of Ten Shillings, for the Second Offence the Sum of Twenty Shillings, and for the Third and every subsequent Offence the sum of Forty Shillings; and One Moiety of every such Penalty shall be paid to the Informer or Informers, or to the Person or Persons who shall apprehend the Offender or Offender, and the other Moiety to the Purposes of the said recited Act and this Act; and if such Offender or Offenders shall not immediately on Conviction pay the said Penalty or Penalties, such Justice is hereby required to direct such Horses, Asses, Cattle, Carts, Trucks, Wheelbarrows, or other Carriages or Implements which shall have been so seized, to be appraised and sold, and after deducting out of the Monies to arise by such Sale the Penalty or Penalties incurred, together with the reasonable Charges and Expences of such Distress and Sale, the Overplus thereof shall be returned to the Party or Parties whose Horses or other Things shall be appraised and sold; and in case there shall have been no such Seizure as aforesaid, or if the Horses, Asses, Cattle, or other Things which shall be so appraised and sold, shall not produce a sufficient Sum of Money to pay the said Penalty or Penalties Charges and Expences, then if such Offender or Offenders shall not immediately upon Conviction pay the said Penalty or Penalties, or such Part or Parts of the said Penalty or Penalties, Charges and Expences, which shall remain over and above the Produce of the Horses, Assess Cattle, and other Things so seized and sold, then such Justice is hereby required to commit such Offender or Offenders to the Common Gaol or House of Correction for the said County of _Middlesex_, there to be kept to hard Labour for any Term not exceeding Thirty Days, nor less than Ten Days, unless such Penalty or Penalties, or such Part or Parts thereof as aforesaid, shall be sooner paid and satisfied.

Carriage Ways of the Streets to be covered with Gravel, etc.

IV. And be it further enacted, That it shall and may be lawful to and for the said Commissioners to direct all and every Person and Persons, who are by the said recited Act required to level, form, and cover with Gravel, not less than Six Inches thick, the Carriage Ways of all such Streets, and other publick Passages and Places, within the said District, in the First Place properly and effectually to fill up the same; and also to direct all and every Person and Persons, who are required to pave the Foot Ways in the whole Front of their respective Houses, Buildings, and Tenements, to set up and erect proper and sufficient Posts, at such Distances and in such Manner, as the said Commissioners shall order and direct.

Lessees of Ground to compound for forming Carriage Ways, etc.

V. And whereas there are and may be several Pieces or Parcels of Ground within the Streets, and other publick Passages and Places, already or hereafter to be set out or made within the said District, unbuilt upon, the Carriage and Foot Ways to and in the Fronts whereof are neither filled up, levelled, formed, covered with Gravel, or paved, nor Posts set up and erected, and it would be a Means of forwarding the good Purposes of the said recited Act and this Act, if Builders or others, who by Law are liable to fill up, level, form over with Gravel, and pave the same, were to compound with the said Commissioners; be it therefore further enacted, That it shall and may be lawful to and for the said Commissioners, or any Three or more of them, to view and inspect all Streets, and other publick Passages and Places, already or hereafter to be set out or made within the said District; and if upon such View they shall be of Opinion that the same, or any Part or Parts thereof, is or are fit and proper for the Area or Fence Walls abutting thereon to be Built, and the Carriage and Foot Ways to be filled up, levelled, formed, covered with Gravel, or paved, or Posts to be set up and erected, the said Commissioners, or any Three or more of then, at any Meeting to be held in pursuance of the said recited Act, after such View, shall and may order their Surveyor or Surveyors, or other Person or Persons by them appointed for that Purpose, to give Notice to the Lessee or Lessees of all and every such Lands or Grounds, or leave the same at his, her, or their last or usual Place of Abode, or with his, her, or their known Servant or Servants, or if no such Lessee or Lessees can be found, then such Notice shall be stuck against the said Premises, or any Part thereof, which Notice shall require such Lessee or Lessees to meet the said Commissioners, or any Three or more of them, at the Time and Place to be therein mentioned (not being less than Six Days from the Date of such Notice), to compound for building such Area or Fence Walls, and for filling up, levelling, forming, and covering the Carriage Ways with Gravel, not less than Six Inches thick, and paving the Foot Ways in the whole Front thereof, and for setting up and erecting Posts; and if such Lessee or Lessees shall not attend, or shall not compound and agree with the said Commissioners, or any Three or more of them as aforesaid, then it shall and may be lawful to and for the said Commissioners, or any Three or more of them, to order the said Area or Fence Walls to be built, the said Carriage and Foot Ways to be filled up, levelled, formed, covered with Gravel, and paved, and Posts to be set up and erected forthwith, or as soon as conveniently may be, and all the Charges and Expences attending the building such Walls, filling up, levelling, forming, covering with Gravel, and paving and setting up and erecting Posts, shall be paid by the respective Lessee or Lessees, and shall be recovered and levied by Distress and Sale of their Goods and Chattels, in the same Manner at the Rates and Assessments said by virtue of the said recited Act are therein directed to be levied and recovered.

Publick Buildings and Dead Walls to be rated.

VI. And for as much as it is reasonable that all publick Buildings and all dead Walls and void Spaces of Ground within the said District should be rated and assessed in a due Proportion for the several Purposes of the said recited Act and this Act, be it therefore further enacted, That it shall and may be lawful to and for the said Commissioners at their Discretion, and they are hereby required from Time to Time to rate and assess towards the Purposes of the said recited Act and this Act, all Chapels, Meeting Houses, Markets, Warehouses, and all other publick Buildings whatsoever, within the said District, which now is, or are, or hereafter may be built, and which are not charged in respect of any Dwelling House by the Pound Rate, or otherwise by virtue of the said recited Act, at a Rate not exceeding Two Shillings in the Pound, according to the Directions of the said recited Act, and where the annual Value cannot be fully ascertained, then and in either of the said Cases the same shall be charged and assessed at a Rate not exceeding Nine-pence _per_ Square Yard in any One Year of the Pavement and Road paved, gravelled, or repaired, and not exceeding One Shilling _per_ Square Yard of the Foot Way and Carriage Way paved, lighted, and watched, repaired, and gravelled, under the Direction of the said Commissioners, and situate, lying, and bring in any of the said Streets or other publick Passages and Places, and belonging to or lying before such Chapel, Meeting House, Warehouse, or other publick Building; and the said Commissioners shall also at their Discretion, yearly or oftener (if needful), assess all Burying Grounds, dead Walls (except such dead Walls as are situate in the Return of Streets; and all Garden Walls bounding or abutting on any Mews or Lanes), and void Spaces of Ground, towards the Purposes aforesaid, and which are not charged in respect of any Dwelling House or other Building by the Pound Rate, or otherwise, by virtue of the said recited Act, so that in the Whole such Rate or Assessment shall not in any One Year exceed the Sum of Nine-pence for every Square yard of Pavement and Road paved, gravelled, or repaired, nor the Sum of One Shilling for every Square Yard of Foot Way and Carriage Way paved, lighted, and watched, repaired, and gravelled, under the Direction of the said Commissioners, situate as aforesaid, or belonging to or lying before such Burying Grounds, dead Walls, or void Spaces of Ground; and all Rates and Assessments to be made and paid for all such Burying Grounds, Chapels, Meeting Houses, Markets, Warehouses, or other publick Buildings, dead Walls, or void Spaces of Ground respectively, shall be paid by the respective Owner or Owners, Lessee or Lessees, Occupier or Occupiers thereof, and shall be charged and chargeable on the said Premises, and be recovered and applied in such Manner as other Rates and Assessments are directed to be recovered and applied by the said recited Act.

Occupiers of Houses to cleanse the Foot Ways Once a Day.

VII. And be it further enacted, That every Occupier of every House or Tenement within the said District, and in respect to Inmates, every House Owner shall, Once in every Day, between the Hours of Eight and Ten of the Clock in the Forenoon of each Day, scrape, sweep, and cleanse the Foot Way all along the Front of their respective Houses and Tenements, or cause the same to be scraped, swept, and cleansed, and in Default thereof shall, for every such Offence, forfeit and pay the Sum of Five Shillings, to be levied by Warrant under the Hand and Seal of any Justice of the Peace for the said County of _Middlesex_, upon the Oath of Two or more credible Witnesses; which Oath such Justice is hereby required and empowered to administer.

Penalty on Persons digging Earth, or leaving Holes in the Streets.