Part 2

A. ACCOUNTS, Book of, to be open to the gratuitous 8 Inspection of the Trustees and Persons rated. _See_ Trustees. — Copies and Extracts may be gratuitously taken by duly ibid. qualified Persons. 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 43 Monies raised by virtue of the Act. — to be deemed a public Act, and judicially taken Notice 44 of as such, without being specially pleaded. ACTION. In every Action, the Designation of Defendant as 30 set forth by the Act, being indebted to the Plaintiff in the Sum, &c. shall be sufficient. _See_ Clerk, Treasurer. ACTION or SUIT, proper Names of, to be given. _See_ 41 Notice. — not to be commenced after a Tender of sufficient Amends ibid. to the Parties aggrieved, or (on their Behalf) to their Attorney or Agent. — not to be commenced after the Expiration of Six Months 42 next after the Fact committed. — the Venue to be laid in the County where the Cause of ibid. Action shall have arisen, and not elsewhere. ACTS. _See_ Proceedings. ADJOURNMENTS. Neglect of, &c. 14 AGGRIEVED. Persons aggrieved by any Rate or Assessment 38 after Payment thereof, may appeal to the Trustees at their next Meeting. — Persons aggrieved by any Decision of the Trustees or 38 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. AMBASSADOR, Houses occupied by, the Landlord or 26 Proprietor of such Houses to be rated as the Occupier. AMENDMENT of any Rate, Assessment, or Matter of Form in 38, 39 any Conviction or Proceeding connected with the Execution of this Act, may be made by the Justices at the Quarter Sessions. ANNOYANCES, &c. Penalty for. 35 ANNUITY, Form of the Grant of. _See_ Money. 30 — Money raised by way of Annuity, to be deemed Personal ibid. Estate. — Restrictions upon the granting of—not to be granted for 31 the Lives of more than Two Persons under the Age of Thirty-five. APPEAL may be made to the Trustees by Persons aggrieved 38 by any Rate made in pursuance of the Act, at the next Meeting of the Trustees, after Payment of such Rate or Assessment. — may be made against Decision of the Trustees or any ibid. Justice of Peace, at the next Quarter Sessions. — to the Quarter Sessions against Decision of Trustees or ibid. Justice, not to be made later than One Month after the Cause of Complaint arising. _See_ Aggrieved. — to the next Quarter Sessions against Decision of 38, 39 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. — to the Quarter Sessions, &c. if against a Conviction, 39 the Sureties of the Appellant to be conditioned to pay the Penalty, if the Conviction be affirmed. _See_ Sureties. — Matters of, to be determined in a summary Way by the ibid. Justices at the General Quarter Sessions. _See_ Justices. AREA, enclosed, of Brompton Square, first Expense of 43 enclosing, &c. not to be defrayed by the Trustees. _See_ Trustees. — Provision in favour of the Occupiers of Houses having 22 Interest in the enclosed Area, previously to the passing of the Act. 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, 33 except between the Hours of Twelve at Night and Five in the Morning. 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 1 seised by Wm. Farlar, Esq. partly laid out prior to the passing of the Act. BUILDING MATERIALS. Penalty not exceeding £5, for 33 placing them within the Jurisdiction of this Act. _See_ Provision. BUSINESS, Room or Building may be hired for Transaction 41 of. _See_ Trustees. C. CARRIAGEWAYS, &c. Trustees to contract for cleansing 21 them. _See_ Footways. 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_ 8 Inspection of Accounts. — to the Trustees, his Death or Removal, or that of the 40 Treasurer, no Ground for the Discontinuance of an Action. — to be deemed Plaintiff or Defendant in an Action, but 41 not personally answerable for Damages. _See_ Damages. — competent Witness in an Action, though nominally ibid. Plaintiff or Defendant. — to enter Contracts in a proper Book. 23 CLOATHING. _See_ Arms. COACH, Chaise, Waggon, Cart, Truck, Wheelbarrow, or other 34 Carnage whatever, driven upon any Footway within the Jurisdiction of the Act, Penalty for, not exceeding £5. COACH-HOUSES. _See_ Stables. COLLECTOR of RATES to be appointed, and how. 5 COMPLAINTS, Costs incident to, how to be levied, if not 36, 37 paid on Conviction. _See_ Penalties. CONTRACT for doing WORKS, &c. connected with the 23 Execution of the Act, may be yearly, or otherwise. — &c. not to continue in force for more than Three Years ibid. from the Time of contracting. — all Contracts for doing Works, &c. connected with the ibid. Execution of the Act, to be entered in a proper Book. COMMISSIONERS of SEWERS. _See_ Sewers. COMPENSATION for special Damage done by Parties’ 39 irregularly distraining. _See_ Irregularity. CONVICTION of OFFENDERS, &c. _See_ Justice. — Form of. ibid. — Appeal against. _See_ Appeal. 41 COSTS and EXPENSES respecting the Contamination of Water 16 by any Escape of Gas, to be determined (if requisite) by a Justice of Peace. _See_ Water. — and Expenses occasioned by Distress, &c. to be 29 determined by Justice of the Peace. _See_ Justice. — and Expenses occasioned by Distress, &c. may be sued ibid. for, &c. with full Costs of Suits, &c. by the Trustees. _See_ Action. COSTS, &c. incident to a Complaint, hour to be levied, if 36 not paid on Conviction. _See_ Penalties. — awarded by the Trustees at the Quarter Sessions, 39 Sureties for an Appellant must be conditioned to pay such. _See_ Sureties. — if not paid on Decision of the Justices at the Quarter ibid. Sessions, the Delinquent to be committed to the Common Gaol or House of Correction. _See_ Justices. — _See_ Damages. — when Plaintiff is to pay Treble, and how recoverable. 42 _See_ Verdict. — of Performance of Conditions for renting Ground for a 22 Pleasure Garden, to be paid out of Rates made by virtue of the Act. Cost of every Lease for renting Ground for a Pleasure ibid. Garden, to be paid out of the Rates made by virtue of the Act. — Costs and Expenses of obtaining and passing the Act to 43 be paid out of the first Monies raised by virtue of it. D. DAMAGE done by fixing of Lamps. _See_ Lamps. — Special, done by Parties’ irregularly distraining, 38 Compensation for, how recoverable. _See_ Irregularity. — Damages or Costs recovered against the Clerk or 41 Treasurer, not to be paid by them, but by the Trustees, out of the Money raised under the Act. — wilfully done to the Pavements, Lamps, Fences, Trees, 24 Walks, &c. &c. in Brompton Square, Penalty for. — done to the Pavements, Lamps, &c. Satisfaction to be ibid. made for. — &c. Satisfaction fur, how to be obtained. ibid. — and Injury. To be made good to the Trustees by the 16 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. — the Amount of Loss, Injury, Damage, &c. done to ibid. Footways, &c. to be determined, if requisite, by a Justice of the Peace. _See_ Justice. DEFENDANT in an Action may plead specially or the general 42 Issue, and at the Trial thereof give this Act and the special Matter in Evidence. — Verdict to be found for, if, in an Action, the Thing ibid. 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. DEMURRER. If, on Demurrer, Judgment be given against ibid. Plaintiff, Defendant to have Treble Costs. _See_ Verdict. DISCHARGE. _See_ Payment. DISTRESS and SALE by, of the Goods, &c. of any Officer, 6 having Money for which he has not accounted, and having refused to give Account, &c. _See_ Notice. DISTRESS, Warrant of. _See_ Warrant. — not illegal from Informality. 38 — Persons making, not Trespassers from any Informality in ibid. the Proceedings. — Persons making, not Trespassers _ab initio_, on account ibid. of any subsequent Irregularity. DUNG. _See_ Mud. DUST, Trustees to contract for taking away. 21 DUST, ASHES, &c. _See_ Mud. E. EXAMINATION respecting Gas; upon Examination, should it 15 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. 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 19 be wholly borne by the Tenants and Occupiers of Houses. _See_ Costs. F. FARLAR, WILLIAM, Esq. 1 FILTH. _See_ Mud. FIREWORKS, discharging them in Brompton Square. 32 FOOTBALL, or any other Game, playing at, in Brompton ibid. Square. FOOTWAYS and CARRIAGEWAYS, Trustees shall cause to be 9 properly formed, repaired, cleansed, watered, drained, protected with Posts, &c. or altered, as they think necessary. _See_ Penalty. — &c. if broken up for the laying of Pipes or any other 10 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. — &c. if not repaired by the Parties causing them to be 11 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. — &c. Expense of repairing, how to be recovered by the ibid. Trustees of Persons failing to reinstate such Footways, &c. after causing them to be broken up. — &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 38 the Act, may be amended by the Trustees at the Quarter Sessions. — Want of, no Ground for quashing or vacating any ibid. Proceedings connected with the Execution of this Act. _See_ Proceedings. G. GAME, i.e. Play, &c. _See_ Football. GAOL, or House of Correction, any Officer having received 6, 7 Money for which he has not accounted, and having refused to give Accounts, may be committed to. _See_ Notice. Satisfaction. GARDEN. _See_ Pleasure Garden. GARDEN-POT or TUB, Penalty for placing or putting out, 33 upon or before any Building next or towards any Footway within the Jurisdiction, &c. unless properly secured from falling. GAS found to escape, speedy Means to be taken to prevent 16 it. _See_ Notice. Penalty. 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 ibid. shall direct. — a Key or Keys of the Gates to be left in the Charge of ibid. the Watchmen, during the Hours appointed by the Trustees for the Gates to be closed. GOODS. _See_ Stall. GOODS and CHATTELS liable to Distress, in case of the 35, 36 Non-payment of Penalties. _See_ Penalties. GRAND JUNCTION WATER-WORKS. _See_ Water-works. GRAVELLING. &c. _See_ Owners. GROUND for Pleasure Garden, to be subject to 21, 22 Stipulations, agreed upon between the Trustees and Wm. Farlar, his Heirs, &c. — Lessees of, their Estate and Interest, to vest in the ibid. Trustees for the Time being. H. HORSE, BEAST, &c. wilfully suffering them to go upon any 35 Footway, &c. — &c. fastening any Horse, &c. to any House, Wall, Fence, ibid. Post. Rail, &c. or across any Footway, &c. — &c. riding or leading a Horse, &c. on any Footway ibid. within the Jurisdiction of the Act. — &c. driven by any Person in any Part of Brompton Square ibid. for the Purpose of breaking him in, offering him for Sale, &c., Penalty not exceeding £5. 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 36 of an Offender. INHABITANTS of any House, &c. within the Jurisdiction of 40 this Act, may be a competent Witness in any Action, &c. relating to its Execution, or to any Rate made in pursuance thereof. INSPECTION of ACCOUNTS, Clerk refusing to permit. _See_ Penalty incurred, &c. IRREGULARITY, subsequent, of Parties’ distraining, does 38 not render them Trespassers _ab initio_. _See_ Distress. — of Parties’ distraining. Persons aggrieved by, may ibid. recover Compensation for special Damage by Action, subject to certain Limitations. ISSUE. _See_ Defendant. J. JAIL. _See_ Gaol. JUDGMENT, when, on Demurrer, Judgment is given against 42 Plaintiff, Defendant to have Treble Costs. _See_ Verdict. JURISDICTION of the Trustees defined. 9 JUSTICES of Peace for Middlesex, Penalties recoverable 36 before. — to summon Offenders liable to Penalty under the Act. ibid. — to determine Complaints and convict Offenders on Proof, ibid. either by their own Confession or the Oath of credible Witness or Witnesses, even without Information in Writing. — to grant Warrants for Distress on Goods and Chattels, ibid. in case of the Nonpayment of Penalties. — Penalties recoverable before. ibid. — may order Offenders to be kept in Custody till Return ibid. can be made to Warrant of Distress, unless satisfactory Security for their Appearance be given. — in what Form he may cause the Conviction of Offenders 37 to be drawn up. — may take Security for the Appearance of Offenders 36 convicted under this Act, by way of Recognisance or otherwise. — at the General Quarter Sessions, on Proof of due Notice 37 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. — at Quarter Sessions, may amend any Rate, Assessment, or 39 Matter of Form in any Conviction or Proceeding under this Act. — of Peace for Middlesex may act as such in the Execution 40 of the Act, though also a Trustee. — of Peace, his Decision may be appealed against at the 38, 39 next Quarter Sessions. _See_ Appeal. Aggrieved. K. KEY or KEYS of the Gates, to be left in the Charge of the 21 Watchmen during the Hours appointed by the Trustees for the Gates to be closed. KEYS of the Pleasure Garden, to be granted only to the 22 Occupiers of Houses in the Square, except with the written Consent of the Majority of the Trustees. — to the enclosed Area of Brompton Square, not to be made ibid. without written Consent of Trustees. — false, to the enclosed Area of Brompton Square, Penalty ibid. for making, selling, or knowingly purchasing. — false, &c., may be seised, &c. by Authority of 25 Trustees. L. LAMPS, &c. to be set up, in and about the Footways, &c. 10 within Jurisdiction of the Act, on or against Walls or Palisadoes belonging to any contiguous House, &c. — to be lit with Oil or Gas, during such Hours, &c. as ibid. the Trustees judge proper. — if unlawfully extinguished, the Offender to pay a ibid. Penalty not exceeding £5. — Damage done to any Building, &c. by fixing of, to be ibid. repaired by the Trustees out of the Money raised under this Act. — Lamp Irons, &c. vested in the Trustees. 23 LAND, Description of, at Brompton Square, claimed to be 1 seised by Wm. Farlar, Esq. LANDLORD, claiming or receiving the Rent of Lodgers, &c., 26 to be rated as the Occupiers, &c. LEASE of Ground for an enclosed Area in Brompton Square, 22 may be contracted for in the Names of Five Trustees. — of Ground for Pleasure Garden, to be taken and accepted ibid. by the Trustees from Wm. Farlar, his Heirs, &c. — Cost of, to be paid out of the Rates made by virtue of 22 the Act. — of Room or Building for Transaction of Business 41 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. — of enclosed Area in Brompton Square, when obtained, how 25 affecting Rates. _See_ Rates. LESSEES of Ground for Pleasure Garden; their Estate and 24 Interest to vest in the Trustees for the Time being. LIME, slacking or sifting, &c. in Brompton Square. 32 Penalty for. _See_ Provision. 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 ibid. the Grapes Tavern at Brompton. _See_ Chairman. 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 5, 6 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. — may be raised on the Credit of the Rates by way of Loan 30 on Annuity. — charged in consequence of Alteration or Amendment of 28 Rates, may be recovered and levied, &c. as an original Insertion. — arising from Penalties, to whom to be paid, and how to 37 be disposed of. _See_ Penalties. 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 33 exceeding £5 for placing, within the Jurisdiction of the Act. N. NAMES of Streets, Numbers of Houses, Trustees to order 20 them to be set up. _See_ Penalties. NAMES, Orders, and Proceedings of the Trustees at 32 Meetings to be entered into a Book kept for the Purpose. _See_ Trustees. Proceedings. NIGHT-SOIL. _See_ Bog-house. NOTICE respecting adjourned Meetings. 4 — signed by Three or more Trustees, to be given to 6 Officers who shall refuse to give true and perfect Accounts of the Monies, &c. before any other legal Step can be taken. — by Parol or in Writing, to be given to the Trustees or 17 Gas Light Company respecting the Escape of Gas. — to be given in case Gas Washings, &c. shall be conveyed ibid. into any River, Stream. &c. — to be given to Persons neglecting to put up Fences, 34 Lights, &c. during Repairs, and also to remove them in proper Time. _See_ Penalty. Repairs. — in Writing properly signed. &c. respecting the 14 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. — written, of intended Action, stating fully the Cause of 41 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. — of Appeal to the Quarter Sessions against Decision of 39 Trustees or Justice of Peace, to be given to the Clerk of the Trustees. _See_ Appeal. NOTICES or SUMMONSES, requisite for carrying this Act 40 into Execution, may be written or printed, or partly both. — may be served by delivering them to the Persons to whom ibid. 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. NUMBERS. _See_ Names of Streets. NUISANCES and ANNOYANCES, Penalty for. 34 O. OATH, to be taken and subscribed to, by every Owner or 3 Occupier of a House, &c. before he can act as Trustee. _See_ Unqualified Persons. OCCUPIER or LODGER, to be liable, under a Modification, 27 to be distrained for Rates, &c. due at the Time of making the Distress. — having been distrained, &c. may deduct the Amount, &c. ibid. out of the Rent, payable by him to the Person or Landlord rated. OFFENDERS, may be apprehended without any other warrant 35 or Authority than the Act. — liable to Penalty, to be summoned before any Justice of the Peace for Middlesex. _See_ Justice. — not having Goods and Chattels whereon sufficient 37 Distress can be taken, to be committed to the Common Gaol. _See_ Warrant. — 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 5, 6 Receipts and Payments of Monies to the Trustees, or to such Persons as they shall nominate. _See_ Monies. — neglecting to give up Papers, &c. within Seven Days 6, 7 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. OFFICERS or PERSONS engaged in the Execution of this Act, 35 Penalty for obstructing them. ORDERS and Determinations of Trustees to be made at 4 Meetings to be held pursuant to the Act, and not otherwise. _See_ Names. — none to be made at any Meeting, without the Concurrence 5 of the Majority of the Trustees present. _See_ Chairman. Names. — Revocation of, and Exception. ibid. — written Notice respecting the Revocation of Orders, to ibid. be given by Three or more Trustees under their Hands, at a previous Meeting. OWNERS and OCCUPIERS of HOUSES, &c. beneficial to them, 1 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. P. PAVING, gravelling, forming, &c. Footways or 43 Carriageways, first Expence of, not to be defrayed by Trustees. _See_ Trustees. Owners. PAYMENTS of RATES after a Distress upon Occupier, Lodger, 27 &c. to be a sufficient Discharge for so much Rent as shall be due to the Landlord. PENALTY for unqualified Persons acting as Trustees, Fifty 3 Pounds. — to whom to be paid. ibid. — how and where to be recovered. ibid. — for the Offices of Clerk and Treasurer being accepted 8 by the same Person or disqualified Parties, One hundred Pounds. _See_ Trustees. — for the Offices of Clerk and Treasurer, being accepted ibid. 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. — incurred by Clerk for refusing to permit Inspection of 9 the Accounts, not to exceed £10. — for taking up or breaking Footways, &c. without Consent 10 of Trustees, not to exceed £10. — for unlawfully extinguishing Lamps. _See_ Lamps. — for not removing Contamination of Water by Gas, of £10 15 _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. — of £5 _per Diem_, for neglecting to use Measures for 17 stopping the Escape of Gas, within Twenty-four Hours after written Notice shall have been given. — of £200 for conveying, or causing to be conveyed, Gas 18 Washings, &c. into any River, Stream, Sewer, &c. — to be paid to any Person or Persons who shall sue for ibid. the same in any of His Majesty’s Courts, &c. — no Essoign, Protection of Law, and not more than one ibid. Imparlance allowed. — not recoverable, unless sued for within Twelve Calendar ibid. Months next after an Annoyance. — of £20 in Addition to the £200 for each and every Day, 19 after a written Notice shall have been given that Gas Washings &c. are conveyed into any River, &c. — to be paid to the Informer, &c. or to the Person who ibid. shall have sustained any Annoyance. — not exceeding 10_l._ 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 35 Execution of the Act. — not exceeding £10 on Person or Persons summoned to give ibid. Evidence before a Justice of Peace, respecting an Offence punishable under the Act, and failing to attend, &c. — not exceeding £5 for assaulting a Watchman. 20 — on every Victualler who shall harbour or entertain a ibid. Watchman during the Time appointed for his being on Duty. — not exceeding £2 on a Watchman for Misconduct. ibid. — not exceeding £5 for defacing Names of Streets or ibid. Numbers of Houses, unless, within Seven Days after a written Notice shall have been given, the same be reinstated. — for wilfully damaging the Pavements, Lamps, Fences, 24 Trees, Walks, &c. &c. in Brompton Square. — for making, selling, or knowingly purchasing false Keys 25 to the enclosed Area of Brompton Square. — for not securing Gas Pipes. _See_ Pipes. 13 PENALTIES. All those not before particularly directed, 36 recoverable before any Justice of Peace for Middlesex, on Complaint made within Six Months after the Commission of the Offence. — if not paid on Conviction, to be levied by Distress and 36 Sale of Goods and Chattels of the Offender, by Warrant under the Hand and Seal of the Justice of the Peace for Middlesex. — Money arising from, unless where otherwise directed, to 37 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. PIGS. _See_ Swine. PIPES, Gas, not to be affixed to a House, &c. without the 12 Occupier’s Permission. — Regulations for the laying down of. ibid. — Penalty for not properly securing, so as to prevent the 13 Escape of Gas, £5 — to be removed from Dwelling Houses, &c. within Seven ibid. 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. — Expenses of removing Gas Pipes from Dwelling House, to ibid. be paid by Trustees or Gas Company, and legally recovered before a Justice of Peace. — if Water be contaminated by, the Trustees or Gas 14 Company shall, within 24 Hours after receiving proper Notice from the Water Works Company, take Measures to remedy such Contamination, under Penalty of 10_l._ for every Day during which the Water remains contaminated. PLEAD, Defendant in an Action may plead specially, or 42 General Issue. PLEASURE GARDEN in the Square. _See_ Owners. — to be maintained and preserved, subject to Stipulations 21 of Lease. — Lease of Ground for the laying out of, lawful to be 21 contracted for, by the Trustees in the Names of Five. — Ground for, to be subject to Stipulations agreed upon ibid. between the Trustees and William Farlar, his Heirs, &c. — Lessees of Ground for, their Estate and Interest to ibid. vest in the Trustees for the Time being. — to be kept for the exclusive Use of Persons, occupying ibid. Houses in the Square. — to be fenced in with substantial Iron Railing, and ibid. secured with proper Entrance Gates and Locks. — Access to, to be confined to the Occupiers of Houses in ibid. the Square. — Railing, Gales, Locks, Plants, Materials for Gravel 23 Walks of, &c., to be vested in the Trustees during the Continuance of any Lease of the enclosed Area granted to them. POST, Rails, &c. vested in the Trustees. ibid. PROCEEDINGS of unqualified Persons acting as Trustees in 3 the Execution of the Act, previous to Conviction, to be good and valid. — no Proceeding, connected with the Execution of this 39 Act, to be quashed for Want of Form, or removed by any Writ or Process into any of His Majesty’s Courts of Record. — an Entry of, to be signed by the Chairman at the next 32 Meeting. _See_ Names. PRODUCE of Annuity not to exceed more than One-fifth of 31, 32 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.” PROMISSORY NOTE, &c. Form of, for Money raised on the 30 Credit of Rates. — or Form of Security, to be transferrable by 31 Indorsement, &c. PROVISION, that no Person shall be subject to any Penalty 34 for Rubbish before Houses when repairing. PUBLIC, this Act to be judicially noticed as such. _See_ Act. Q. QUARTER SESSIONS. Appeal to, against Decision of 39 Trustees or Justice. _See_ Appeal. Aggrieved. Justices. — General, Determination of Justices at, to be final and ibid. conclusive. — — Justices at, may amend any Rate, Assessment, or ibid. Matter of Form, in any Conviction or Proceeding under this Act. R. RAILS. _See_ Posts. RATE, First, by virtue of the Act, to be for Two 28 Quarters, ending at Christmas, after passing the Act. RATES, all, to be just and equal. ibid. — may be amended by the Trustees at any Meeting pursuant ibid. to the Act. — every Rate subsequent to the first, shall be for One ibid. whole Year, commencing, &c. — to become due immediately upon the making thereof; but ibid. may be collected in one or several Payments, &c. _See_ Trustees. — and Monies due in pursuance of the Act, to be vested in ibid. the Trustees. _See_ Trustees. — to be paid to such Person or Persons as the Trustees ibid. shall from Time to Time appoint to receive the same. _See_ Trustees. Money. Loan. Annuity. — to be applied, &c. by the Trustees in defraying the ibid. Expenses of, and incident to, the Execution of this Act, and otherwise as in, or by, this Act is directed. _See_ Trustees. — to be levied, upon refusing or neglecting to pay them. 28 — upon Refusal or Neglect to pay any Part, &c. of Rates, ibid. &c. any Justice for the County is empowered (after due Notice, &c. issued,) to grant a Warrant. _See_ Warrant. — Arrears &c. to be levied with incidental Costs, &c. by ibid. Distress of the Goods, &c. of Persons neglecting or refusing to pay. — &c. if not paid within Five Days after Distress shall ibid. be taken,—Goods and Chattels sufficient to pay the said Rates, &c. to be appraised and sold. — Overplus, if any, to be returned to the Owner. ibid. — &c. In Default of a Distress, &c. the Person or ibid. Persons to be committed to the Common Gaol, &c. there to remain without Bail for any Time not exceeding Six Calendar Months, unless, &c. — for Houses let out furnished, or in Lodgings, &c. how 26 to be charged. — to be made by the Trustees on Tenants and Occupiers of 25 all Lands, Houses, Shops, Coach Houses, Stables, Erections, Buildings, and Tenements within the Jurisdiction of the Act. — to be just and equal Pound Rates, according to the ibid. annual Rent or Value of the Premises assessed. — to appear distinctly in each, what Part shall be raised ibid. in respect of Costs and Expenses. — not to exceed, in any one Year, 2_s._ in the Pound of 26 the annual Rent or Value of the Property rated, except after a Lease of the enclosed Area shall have been obtained. — in respect of Houses in the Square, after a Lease of ibid. the enclosed Area shall have been obtained, not in any one Year to exceed 2_s._ 6_d._ in the Pound of the Rent or annual Value. — in making, Stables and other Buildings belonging to 26 Houses in the Square, not to be rated as separate Buildings. — to facilitate the making of, Trustees, or those ibid. appointed by them, may examine Books of Assessment affecting Houses, &c. within the Jurisdiction of the Act. — Persons exempted from the Payment of; how the Rates of ibid. Houses occupied by such Persons are to be charged. _See_ Ambassador. — Persons rated under this Act not liable, in respect of 42 the same Premises, to any general Rate for paving, lighting, or watching any Part of Kensington, or any particular Street, Road, or Place. — Persons aggrieved by, may appeal after Payment. _See_ 38 Appeal. — Payment of, to be made before it is appealed against. ibid. — Assessment, or any Matter of Form in any Conviction or 40 Proceeding, connected with the Execution of the Act, may be amended by the Justices at the Quarter Sessions. RECOGNISANCE, Justice empowered to take Security for 36 Appearance of Offenders by. _See_ Justice. — to be entered into before a Justice of Peace by ibid. Appellants against Decision of Trustees. _See_ Appeal. RECOVERY of Costs. _See_ Costs. RENT, Rates. _See_ Landlord. Occupier. Payment of Rates. — of Lease for Pleasure Garden, not in the whole, at any 22 one Time, to exceed £30 per Annum. — of Ground for Pleasure Garden to be paid out of Rates ibid. made by virtue of the Act. — of Room or Building engaged by Trustees for transacting 41 Business, to be paid out of the Money raised by virtue of the Act. REPAIRS, Houses or Buildings under Repair to be properly 34 enclosed, and convenient Space left for Carriages, &c. to pass, &c. with Ease and Safety. — to prevent Accidents from, a Light to be kept up from ibid. Sun-set to Sun-rise. — when finished, all Rubbish, Building Materials, &c. to ibid. be removed within a reasonable Time. — Houses, &c. under Repair, if not properly enclosed and 35 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 RIDING, &c. _See_ Horse. ROOM or Building may be hired by Trustees for Transaction 41 of Business relating to the Act. _See_ Trustees. S. SATISFACTION being made to the Trustees by an Officer, 6 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. SECURITY, Form of, for Money borrowed on the Credit of 30 Rates. — sufficient, to be given to the Justice of Peace for the 36 Appearance of Offenders convicted under this Act. _See_ Justice. SERVING of Notices, how to be executed. _See_ Justices. 41, 42 SEWERS, Commissioners of, for Westminster and Part of 43 Middlesex, their Rights and Authorities not to be prejudiced by this Act. SPECIAL MEETINGS. _See_ Meetings. SPECIAL PLEADING of this Act, not necessary to its being 44 judicially noticed as a Public Act. STABLES, Coach Houses, &c. not to be rated as separate 26 Buildings. _See_ Rates. STALL, Stall Board, Basket, Goods, Wares, Merchandize, 33 Penalty not exceeding £5 for placing them within the Jurisdiction of the Act. SUIT. _See_ Action. SUMMONED, the Person or Persons to give Evidence before 35 any Justice of Peace respecting an Offence punishable under the Act failing to attend, &c. and Qualification respecting Excuse.—Penalty not exceeding £10. SUMMONS. _See_ Notice. SURETIES, Two necessary for an Appellant against Decision 39 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. SWINE, Penalty not exceeding £5 for keeping or breeding 34 within the Jurisdiction of the Act. T. TENDER of sufficient Amends to Parties aggrieved, to 42 prevent the Commencement of an Action. _See_ Action. TRANSACTION of Business, Room or Building may be hired 41 for. _See_ Trustees. TREASURER to be appointed, and how. 5 — &c. not to be Clerk. _See_ Trustees. 7 — his Death or Removal, no Ground for the Discontinuance 40 of an Action. — to be deemed Plaintiff or Defendant in an Action, but ibid not personally answerable for Damages. _See_ Damages. — competent Witness in an Action, though nominal ibid. Plaintiff or Defendant. — to accept no Place of Profit or Trust under the 8 Trustees, under Penalty of One hundred Pounds. _See_ Penalty. TRUSTEES, how to be described in Actions. 24 — Qualification of. 2 — may appoint or remove Officers, and regulate their 5 Salaries. — present at Meetings, empowered to act for themselves, ibid. and for those who are absent. — to cause to be entered in a Book, kept for the Purpose, 32 the Names and Proceedings at Meetings. — may not appoint their Clerk or his Partner, or anyone 7 employed by him, to be their Treasurer; nor their Treasurer, his Partner, or any one employed by him, to be their Clerk. — to cause their Clerk to keep a Book of Accounts of the 8 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. — their Jurisdiction defined. 9 — may compel Parties breaking up the Footways, &c. to pay 10 the Expense of their Reparation. _See_ Footways. — 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 16 and digging, when Water is contaminated by an Escape of Gas. _See_ Notice, Costs, Expenses, Examination, Damage, Penalty, and Justice. — to appoint Watchmen, and to determine respecting their 19 Wages and Hours of watching. — to provide Arms, Clothing, Watch Boxes. ibid. — to provide a Watch House. ibid. — to appoint when the Gates of the Square are to be 21 closed, and when to be opened. — to contract with Persons to cleanse the Carriageways, ibid. and to take away Dust, Cinders, &c. W. WATCH BOXES to be provided and set up where the Trustees 18 shall appoint. — Arms, Clothing for Watchmen, &c. vested in the 23 Trustees. WATCH HOUSE, for the Custody of Persons apprehended by 18 the Watchman while on Duty. WATCHMEN to be appointed to patrol, &c. Places within ibid. the Jurisdiction of the Act. — to have the Charge of the Keys of the Gates at the 21 Entrance of the Square. _See_ Gates. WATER, if contaminated by any Escape of Gas, the Costs of 15 searching and digging, &c. to be borne by the Trustees, Gas Light Company, &c. WATER WORKS COMPANY, lawful for them to dig to and about, 14 &c. all the Pipes, &c. to remove the Contamination of the Water by Gas. _See_ Pipes. — of Chelsea, West Middlesex, and Grand Junction, their 43 respective Rights and Powers, &c. not to be prejudiced by this Act. WHEELBARROW, &c. _See_ Coach. WITNESS.—Trustee or Occupier of House within Jurisdiction 40 of this Act may be a competent Witness in any Action relating to the Execution of it, &c. _See_ Trustees. Inhabitant. — Clerk or Treasurer may be a competent one, though 41 nominally Plaintiff or Defendant. _See_ Clerk, Treasurer.