The Project Gutenberg eBook of An Act to Provide for the Paving, Gravelling, Lighting, and Watching Certain Footways and Carriageways in and Near Brompton Square

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Title: An Act to Provide for the Paving, Gravelling, Lighting, and Watching Certain Footways and Carriageways in and Near Brompton Square

Author: Anonymous

Release date: October 16, 2018 [eBook #58113]

Language: English

Credits: Transcribed from the 1825 George Eyre and Andrew Strahan edition by David Price. Many thanks to Royal Borough of Kensington and Chelsea, Local Studies and Archives, for allowing their copy to be used for this transcription

*** START OF THE PROJECT GUTENBERG EBOOK AN ACT TO PROVIDE FOR THE PAVING, GRAVELLING, LIGHTING, AND WATCHING CERTAIN FOOTWAYS AND CARRIAGEWAYS IN AND NEAR BROMPTON SQUARE *** 


Transcribed from the 1825 George Eyre and Andrew Strahan
edition by David Price, email ccx074@pglaf.org.  Many thanks
to Royal Borough of Kensington and Chelsea, Local Studies and
Archives, for allowing their copy to be used for this
transcription.




Public domain book cover



AN

ACT

TO PROVIDE FOR THE

PAVING, GRAVELLING, LIGHTING,

AND WATCHING

Certain Footways and Carriageways

IN AND NEAR

BROMPTON SQUARE

IN THE PARISH OF

SAINT MARY ABBOTTS KENSINGTON,

IN THE COUNTY OF
MIDDLESEX


AND TO
PROVIDE FOR THE


Maintenance of a Garden and
Shrubbery


IN THE SAID
SQUARE.




Royal Arms



LONDON:

PRINTED BY GEORGE EYRE AND ANDREW STRAHAN,

PRINTERS TO THE KING’S MOST
EXCELLENT MAJESTY.


1825.


p.
iiiINDEX.






A.







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







p.
iv— 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, p.
vthe 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







p.
viCHAIRMAN, 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







p.
viiCOSTS 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







p.
viii— 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.



 







p.
ixE.







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.







p.
x— &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,
p. xiagreed
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.



 







p. xiiJ.







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







p. xiiiK.







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.







p.
xiv— 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
p. xvHouse 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 p. xviPenalty 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.







p.
xviiOFFICERS, 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.







p.
xviii— 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 p. xixgiven 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







p.
xx— 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, p. xxilawful 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







p.
xxiiPROVISION, 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.







p.
xxiii— 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
p. xxivto
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 p. xxvproperly
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







p.
xxviSTALL, 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







p.
xxvii— 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.







p. xxviiiW.







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







p. 1ANNO
QUINTO

GEORGII IV. Regis.


Cap. cviii.


An Act to provide for the paving, gravelling,
lighting, and watching certain Footways and Carriageways in and
near Brompton Square in the Parish of Saint Mary
Abbotts Kensington in the County of Middlesex; and to
provide for the Maintenance of a Garden and Shrubbery in the said
Square.  [4th June 1824.]


Whereas William Farlar of
Brompton in the County of Middlesex, Esquire,
claims to be seised of a Piece of Freehold Land at
Brompton, in the Parish of Saint Mary Abbotts
Kensington, in the County of Middlesex, which abuts
South on the Turnpike Road from Knightsbridge to
Fulham, West on Land belonging to the Trustees of Saint
George’s Hospital, North on Land now or lately
belonging to the Heirs of the late Duke of Kingston, and
East on Ground now or lately belonging to Elisha Biscoe,
and a Road leading to Brompton Chapel: And whereas a
Square called Brompton Square, and also divers Streets and
public Places, have in part been laid out and formed, and are
intended to be speedily completed on the said Piece of Land; and
it would be beneficial to the Owners and p. 2Occupiers of
Houses in the said Square, Streets, and public Places, and also
be of public Advantage, to provide by Law for the paving,
gravelling, watering, lighting, and watching of the said Square,
Streets, and public Places, and for the Maintenance of a Pleasure
Garden in the said Square: 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 the
Limits of this Act shall for all the Purposes thereof be deemed
and taken to comprize all the Land of which the said William
Farlar claims to be seised as aforesaid, and all Messuages,
Erections, and Buildings thereon.


II.  And be it further enacted, That every Person who now
is or for the Time being shall be in his own Right or in the
Right of his Wife in the actual Possession, or in the Receipt of
the Rents and Profits of a Dwelling House or other Tenement
within the Limits of this Act, of the clear yearly Value of Forty
Pounds above Reprisals, and also every Person who now is, or, for
the Time being, shall be, actually and bonâ fide an
Occupier of a Dwelling House rated or liable to be rated by
virtue or for the Purposes of this Act, shall be and they
respectively are hereby constituted Trustees for putting this Act
into Execution, and the said Trustees shall be called and known
as “The Trustees for regulating and improving Brompton
Square, and certain adjacent Places.”


III.  Provided always, and be it further enacted, That no
Person shall be capable of acting as a Trustee in the Execution
of this Act, except in administering the Oath herein-after
mentioned (which Oath any One of the said Trustees is hereby
authorized to administer at any Meeting which shall be held
pursuant to this Act), p. 3until such Person shall have taken and
subscribed an Oath to the Effect following: that is to say,


‘I — — do swear, That I truly
and bonâ fide am in my own Right [or in the Right of my
Wife] in the actual Possession [or in the Receipt of the Rents
and Profits] of a Dwelling House or other Tenement of the clear
yearly Value of Forty Pounds above Reprises [or that I am an
Occupier of a Dwelling House rated or liable to be rated by
virtue and for the Purposes and] within the Limits of an Act of
the Fifth Year of the Reign of King George the Fourth,
intituled [set forth the Title of this Act.]


‘So help me GOD.’




And if any Person not being qualified as aforesaid, or not
having taken and subscribed the Oath herein-before mentioned,
shall presume to act as a Trustee in the Execution of this Act,
every such Person for every such Offence shall forfeit and pay
the Sum of Fifty Pounds to any Person or Persons who shall sue
for the same, to be recovered with full Costs of Suit in any of
His Majesty’s Courts of Record at Westminster, by
Action of Debt or on the Case, wherein no Essoign, Protection, or
Wager of Law, and not more than One Imparlance, shall be allowed;
and every Person against whom any such Action shall be brought
shall prove that he was at the Time of acting qualified as
aforesaid, or shall pay the said Penalty, without any other Proof
on the Part of the Plaintiff than that such Person acted as a
Trustee in the Execution of this Act: Provided always
nevertheless, that all Acts and Proceedings of any Person acting
as a Trustee in the Execution of this Act, though not qualified
as aforesaid, previous to his being convicted, shall
notwithstanding such Conviction be as good, valid, and effectual
as if such Person had been duly qualified.


p. 4IV. 
And be it further enacted, That the said Trustees shall hold
their First Meeting for executing this Act on the Fourth
Monday next after the passing of this Act, at the
Grapes Tavern at Brompton aforesaid, if then open,
and if not, then at some other House or Place in the said Parish
of Saint Mary Abbotts Kensington, between the Hours of
Nine and Eleven in the Forenoon, and may then and from Time to
Time afterwards adjourn to such Time or Times, and to such Place
or Places within the said Parish, as the Majority of the Trustees
present at any Meeting shall from Time to Time appoint; and that
Notice of every such adjourned Meeting shall be delivered or left
at each Dwelling House within the Limits of this Act, Two Days at
the least previously to every such Meeting; and if at any Time
appointed for a Meeting Five or more Trustees shall not appear
within One Hour after the Time appointed for first assembling,
any One or more of the said Trustees then present may adjourn the
Meeting to another Day; and in every Case of Neglect or Omission
to adjourn (either by reason of the Non-attendance of any Trustee
or otherwise), and also whenever any Three or more Trustees shall
deem it necessary to have a Special Meeting before the Day of
Adjournment, any Three or more of the said Trustees, or their
Clerk, may call a Meeting at the Place where the last Meeting was
held, by a Notice similar to the Notice directed to be given of
adjourned Meetings; and that the said Trustees shall at all their
Meetings defray their own Expences, except any Sum not exceeding
Ten Shillings a Day for the Use of the Room wherein they shall
meet; and at every Meeting of the said Trustees the Majority
present at the Hour appointed for first assembling shall appoint
One of the Trustees to act as a Chairman; and all Orders and
Determinations of the Trustees shall be made at Meetings to be
held pursuant to this Act and not otherwise; and no Order or
Determination shall be made at any such Meeting, unless a
Majority of the Trustees present p. 5shall concur therein, except in Cases
where there shall be an Equality of Votes, when the Chairman (in
addition to his own Vote as a Trustee) shall have a casting Vote;
and all Acts, Orders, and Proceedings relating to this Act, which
are hereby authorized or directed to be made, done, or executed
by or before the said Trustees, and all the Powers and
Authorities vested in them generally, may be made, done, and
executed by the Majority of the Trustees present at the
respective Meetings to be held pursuant to this Act (the whole
Number present not being less than Five), and all such Acts,
Orders, and Proceedings shall have the same Force and Effect as
if the same were made, done, or executed by or before all the
Trustees; and no Order or Determination made, agreed upon, or
entered into at any Meeting of the said Trustees shall be revoked
or altered at any subsequent Meeting, unless Notice of the
Intention to propose such Revocation or Alteration shall have
been given by Three or more Trustees, by Writing under their
Hands, to the Trustees at a previous Meeting, nor unless such
Revocation or Alteration shall be agreed to by a greater Number
of Trustees than concurred in the making of the Order or
Determination which it shall be proposed to revoke or alter.


V.  And be it further enacted, That the said Trustees
shall from Time to Time, by Writing under their Hands, appoint a
Treasurer and Clerk, and also a Collector of the Rates to be made
as herein-after mentioned, and may also from Time to Time appoint
or employ such other Officers and Persons as they shall think
necessary in the Execution of this Act; and the said Trustees may
from Time to Time remove such Officers and Persons respectively,
or any of them, and upon the Death, Resignation, or Removal of
such Officers and Persons respectively, or any of them, may
appoint others in their Stead, and may out of any Money to be
raised or collected by virtue of this Act make such Allowances as
p. 6they shall
think proper unto such Officers and Persons respectively; and all
such Officers and Persons respectively shall, at such Times and
in such Manner as shall be directed by the said Trustees, deliver
to the said Trustees, or to such Person or Persons as they shall
nominate, true and perfect Accounts in Writing of all their
Receipts and Payments by virtue of this Act, with proper Vouchers
for the Payments, and shall pay all such Monies as shall appear
to be in their Hands or owing by them respectively unto the said
Trustees, or to such Person or Persons as they shall nominate,
within such Time as the said Trustees shall appoint; and if any
such Officer or Person shall refuse or neglect to deliver to the
said Trustees, or to such Person or Persons as they shall
nominate, such an Account as aforesaid, or to deliver up the
Vouchers relating to the same, or to make Payment as aforesaid,
or if any such Officer or Person shall not deliver up to the said
Trustees, or to such Person or Persons as they shall nominate,
all Books, Papers, and Writings in his Custody or Power relating
to the Execution of this Act, within Seven Days after being
thereto required by a Notice in Writing signed by Three or more
of the said Trustees, and left at his last or usual Place of
Abode, then and in every such Case, upon Complaint being made
thereof by or on behalf of the said Trustees to any Justice of
the Peace, such Justice is hereby required to issue a Summons or
Warrant for bringing such Officer or Person 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 to examine and
adjust the said Account or Accounts if produced; and if upon the
Confession of the Officer or Person against whom the Complaint
shall be made, or by the Oath of any credible Witness or
Witnesses, or upon Inspection of the said Accounts if produced,
it shall appear to such Justice that any Money which shall have
been collected or received by virtue of this Act, shall be in the
Hands of or be owing from such Officer or Person, such Justice p. 7is hereby
authorized and empowered forthwith, on Nonpayment thereof, by a
Warrant under his Hand and Seal to cause such Money to be levied
by Distress and Sale of the Goods and Chattels of such Officer or
Person respectively; and if no Goods and Chattels shall be found
sufficient to answer and satisfy the said Money, and the Charges
of making and selling such Distress, or if it shall appear to
such Justice that any Officer or Person shall have refused or
neglected to render such Account as aforesaid, or to deliver up
the Vouchers relating thereto, or that any Books, Papers, and
Writings relating to the Execution of this Act shall be in the
Custody or Power of such Officer or Person, then such Justice
shall forthwith commit such Officer or Person to the Common Gaol
or House of Correction, there to remain without Bail or
Mainprize, in case he shall be committed for Nonpayment of any
Money, until he shall have accounted for and paid the full Amount
thereof, or compounded with the said Trustees in respect thereof,
or in case he shall be committed for not delivering any Books,
Papers, Writings, or Vouchers as aforesaid, until he shall have
delivered up such Books, Papers, Writings, and Vouchers
respectively, or made Satisfaction in respect thereof to the said
Trustees; but no Person who shall be committed for want of
sufficient Distress, shall be detained in Prison by virtue of
this Act for any longer Term than Six Calendar Months.


VI.  Provided always, and be it further enacted, That it
shall not be lawful for the said Trustees to appoint the same
Person who may be appointed their Clerk in the Execution of this
Act, or the Partner or any Person in the Service or Employ of any
such Clerk, to be the Treasurer for the Purposes of this Act, or
to appoint the Person who may be appointed Treasurer, or the
Partner or any Person in the Service or Employ of any such
Treasurer, to be the Clerk to the said Trustees; and if any
Person shall accept both the Offices of Clerk p. 8and Treasurer
for the Purposes of this Act, or if any Person, being the Partner
or in the Service or Employ of any such Clerk, shall accept the
Office of Treasurer, or being the Partner or in the Service or
Employ of any such Treasurer, shall accept the Office of Clerk in
the Execution of this Act, or if any such Treasurer shall accept
any Place or Office of Profit or Trust under the said Trustees,
other than that of Treasurer, every such Person so offending
shall for every such Offence forfeit and pay the Sum of One
hundred Pounds to any Person or Persons who shall sue for the
same, to be recovered, with full Costs of Suit, in any of His
Majesty’s Courts of Record at Westminster, by Action
of Debt or on the Case, or by Bill, Suit, or Information, wherein
no Essoign, Protection, or Wager of Law, and not more than One
Imparlance, shall be allowed.


VII.  And be it further enacted, That the said Trustees
shall and they are hereby required to order and direct a Book or
Books to be provided and kept by their Clerk for the Time being,
in which Book or Books such Clerk shall enter or cause to be
entered true and regular Accounts of all Sums of Money received,
paid, laid out, and expended for or on account of this Act, and
of the several Articles, Matters, and Things for which such Sums
of Money shall have been disbursed, laid out, and paid, which
Book or Books shall at all seasonable Times be open to the
Inspection of the said Trustees or any Person or Persons rated or
assessed for the Purposes of this Act, without Fee or Reward; and
the said Trustees, or Persons assessed as aforesaid, or any of
them, may take Copies of or Extracts from the said Book or Books,
or any Part or Parts thereof, without paying any thing for the
same, and in case the said Clerk shall refuse to permit or shall
not permit the said Trustees or either of them, or any Person
rated or assessed as aforesaid, to inspect such Book or Books, or
to take such Copies of or Extracts from the same as p. 9aforesaid, when
required, such Clerk shall for every such Offence forfeit and pay
a Sum not exceeding Ten Pounds.


VIII.  And be it further enacted, That all the Footways
and Carriageways now formed and which hereafter shall be formed
in the said Square, and all other Footways and Carriageways which
now are or hereafter may be laid out and formed in or upon the
said Piece of Land belonging to the said William Farlar,
and also the Footway next the Turnpike Road, such Footway
extending from the Entrance of the Mews behind Brompton
Row, and behind the East Side of the said Square, Westward
along the South End of the said Square and in front of
Brunswick Place, to the Entrance of Cottage Place,
and the Mews behind the West Side of the said Square, and also
all the Houses and Buildings now erected and which hereafter
shall be erected upon the said Piece of Land belonging to the
said William Farlar, shall be deemed to be within the
Jurisdiction of this Act; and that it shall be lawful for the
said Trustees to cause all the said Footways and Carriageways to
be properly formed, paved, or gravelled, amended and kept in
repair, upon such Levels and in such Manner and with such
Materials as they shall judge necessary, and to cause the said
Carriageways to be cleansed and watered, and Drains, Sinks, and
Watercourses to be made for conveying the Water off and from the
said Footways and Carriageways, and Posts and Rails or Chains to
be set up for the Protection and Preservation of the Foot
Pavements or any Part thereof, and to cause to be done or made
all such Works, Alterations, and Improvements in and about the
said Footways and Carriageways as the said Trustees shall from
Time to Time deem necessary and proper for the making,
maintaining, and supporting the same; and if any Person or
Persons shall dig, break, or take up the said Footways or
Carriageways, or any Part thereof, without the Consent p. 10of the said
Trustees, or of some Person empowered by them to give such
Consent, every such Person shall for every such Offence forfeit
and pay a Sum not exceeding Ten Pounds.


IX.  And be it further enacted, That if and as often as
any of the Footways or Carriageways within the Jurisdiction of
this Act, or any Part or Parts thereof, shall be dug up, opened,
or disturbed for the Purpose of laying down, altering, repairing,
renewing, or removing any Pipe or Pipes, or for any other Purpose
whatsoever, then and in every such Case all and every the Works,
Business, and Matters for or in respect whereof such Footways or
Carriageways respectively, or any Part or Parts thereof, shall be
so dug up, opened, or disturbed, shall be executed and completed
with all possible Expedition, and in every such Case (whether
such Footways or Carriageways shall be so dug up, opened, or
disturbed with or without the Consent of the said Trustees) the
Company or Companies, Person or Persons respectively, who from
Time to Time shall cause or direct the said Footways or
Carriageways, or any Part or Parts thereof respectively, to be so
dug up, opened, or disturbed, shall at their own Costs and
Charges cause the same to be forthwith well and substantially
filled up, rammed down, repaired, and gravelled, and put into as
good, sound, and perfect a State and Condition in all respects as
the said Footways and Carriageways respectively were in
immediately before the same being so dug up, opened, or
disturbed; and in case any such Company or Companies, Person or
Persons, shall neglect or refuse so to do for the Space of
Twenty-four Hours next after the Completion of the Works,
Business, or Matters in respect whereof the same shall be so dug
up, opened, or disturbed, it shall be lawful for the said
Trustees to cause such Footways and Carriageways respectively to
be forthwith well and substantially filled up, rammed down,
repaved, gravelled, and put into such p. 11good, sound, and perfect Condition as
aforesaid; and all the Costs, Charges, and Expences thereof shall
be repaid to the said Trustees by the Company or Companies,
Person or Persons respectively, who shall have caused or directed
the same Footways or Carriageways respectively to be so dug up,
opened, or disturbed; and unless all such Costs, Charges, and
Expences shall be so repaid to the said Trustees (on Demand made
thereof by the Clerk or Collector for the Time being appointed or
employed by the said Trustees), then all such Costs, Charges, and
Expences may be recovered from the Company or Companies, Person
or Persons, hereby made liable to repay the same as aforesaid, in
the same Manner as any Penalty or Forfeiture incurred under the
Provisions contained in this Act may be levied or recovered
before any Justice of the Peace.


X.  And be it further enacted, That it shall be lawful
for the said Trustees from Time to Time to cause such Lamp Posts,
Lamp Irons, and Lamps to be set up in or about the Footways and
Carriageways within the Jurisdiction of this Act, or upon or
against the Walls or Palisadoes of or belonging to any adjoining
or contiguous House or Building, as they shall deem necessary for
lighting the said Footways and Carriageways, and to cause such
Lamps to be lighted with Oil or Gas during such Hours and Seasons
as they shall from Time to Time deem necessary or proper; and if
any Person or Persons shall extinguish the Light in any such Lamp
whilst the same ought to be kept burning, every such Person shall
for every such Offence forfeit and pay a Sum not exceeding Five
Pounds: Provided always, that if any Damage shall be occasioned
to any Building or Wall, or to any Rails or Palisadoes, by the
affixing, setting up, taking down, altering, or repairing any
such Lamp or Lamp Iron, or the Fastenings thereof, the said
Trustees shall immediately cause such Injury or Damage to be well
and sufficiently repaired, and the Expence thereof p. 12shall be paid
out of any Money which shall be raised under the Authority of
this Act: Provided also, that nothing herein contained shall
authorize the said Trustees to cause any Pipe or Pipes for the
Conveyance of Gas to be affixed or continued upon or against any
House or Building, except it be with the Consent of the Occupier
of such House or Building.


XI.  And be it further enacted, That all Pipes and other
Conduits to be laid or used for the Conveyance of Gas in, under,
through, along, across, or round the said Square called
Brompton Square, or any other Place within the
Jurisdiction of this Act, shall be laid at the greatest
practicable Distance from any Water Pipe now or for the Time
being laid down for the Conveyance of Water under, through,
along, across, or round the said Square, or any such other Place
as aforesaid, except in Cases where it shall be unavoidably
necessary to lay the Gas Pipes across any of the Water Pipes, in
which Case the Gas Pipes shall be laid over and above the Water
Pipes at the greatest practicable Distance therefrom, and shall
form therewith a Right Angle, and in that Case the Gas Pipes so
crossing the Water Pipes shall be at the least Six Feet in
Length, so that no Joint of any such Gas Pipe shall be nearer to
any Part of any such Water Pipes than Three Feet at the least;
and in laying down the Gas Pipes, the said Trustees, or the
Company, Contractor, or other Person or Persons supplying Gas or
laying down Pipes for the Conveyance thereof, shall in no Case
join Two or more Pipes together previously to their being laid in
the Trench, but shall lay each Pipe as nearly as may be in its
Place in the Trench, and shall in such Trench properly form the
Jointing with the other Pipes to be added thereto with proper and
sufficient Material, and shall also make and keep all and every
such Trench and all Pipes connected or communicating therewith
and all the Screws Joints, Inlets, and Apertures therein
respectively, air-tight, and p. 13in every respect prevent the Gas from
escaping therefrom, upon pain of forfeiting for every Offence the
Sum of Five Pounds.


XII.  And be it further enacted, That in case any Pipe,
Cock, or Branch shall in pursuance of the Powers herein contained
be carried or laid from any Main or Pipe belonging to the said
Trustees, or to any Gas Light Company, or other Person or Persons
contracting to light or lighting with Gas the said Square or any
other Place within the Limits or Jurisdiction of this Act, into,
through, or against any private Dwelling House, Building, Yard,
or Ground, for any Purpose whatsoever, and the Owner or Occupier
of any such private Dwelling House, Building, Yard, or Ground
shall be desirous that the same Pipe, Cock or Branch, shall be
altered or removed and taken away, and of such Desire shall give
Notice in Writing to the said Trustees, or to such Gas Light
Company, or other Person or Persons so contracting to light or
lighting with Gas as aforesaid, then and in every such Case the
said Trustees, or such Gas Light Company, or other Person or
Persons so contracting to light or lighting with Gas as
aforesaid, shall within Seven Days next after the Service of such
Notice at the usual Office or Place of transacting Business of
the said Trustees, Gas Light Company, or other such Person or
Persons as aforesaid respectively, alter or remove and take away,
or cause to be altered or removed and taken away, all or any such
Pipes, Cocks, and Branches respectively, and in default thereof
it shall be lawful for such Owner or Occupier, or any Person or
Persons acting under the Authority of such Owner or Occupier, to
cause such Pipes and Branches respectively to be altered or
removed and taken away, as the Case may require; and all the
Costs and Expences of and incident to every such Alteration or
Removal shall be paid by the said Trustees, or by such Gas Light
Company, or other Person or Persons contracting to light p. 14or lighting
with Gas as aforesaid, and may be recovered in the same Manner as
any Penalty or Forfeiture which shall be incurred under the
Provisions contained in this Act may be levied or recovered,
before a Justice of the Peace.


XIII.  And be it further enacted, That whenever the Water
which shall be supplied by any Water Works Company, or Company
established for the Supply of Water, shall be contaminated or
affected in any way whatsoever by the Gas of the said Trustees,
or of any Gas Light Company, or other Person or Persons
contracting to light or lighting with Gas the said Square called
Brompton Square, or any other Place or Places within the
Jurisdiction of this Act, then and in every such Case the said
Trustees, Gas Light Company, or other Person or Persons so
contracting to light or lighting with Gas as aforesaid, shall,
within Twenty-four Hours next after Notice thereof in Writing,
signed by any One of the Directors, or by the Secretary or Chief
Clerk for the Time being of any such Water Works Company, and
left at the usual Office or Place of transacting Business of the
said Trustees, Gas Light Company, or other Person or Persons
contracting to light or lighting with Gas as aforesaid, cause
Measures to be taken effectually to stop and prevent such Gas
from contaminating or affecting the Water of any such Water Works
Company; and in case the said Trustees, Gas Light Company, or
other Person or Persons contracting to light or lighting with Gas
as aforesaid, shall not, within Twenty-four Hours next after each
and every such Notice so left as aforesaid, effectually remove
the Cause of every such Complaint, and prevent all and every such
Contamination whereof Notice shall be given as aforesaid, then
and in every such Case the said Trustees, or such Gas Light
Company, or other Person or Persons contracting to light or
lighting with Gas as aforesaid, shall on each and every Complaint
whereof Notice shall be given as aforesaid p. 15forfeit and
pay to the Secretary or Chief Clerk of such Water Works Company,
for the Use and Benefit of such Company, the Sum of Ten Pounds
for each and every Day during which the Water supplied by any
such Water Works Company shall be and remain contaminated or
affected by the Gas of the said Trustees, Gas Light Company, or
other Person or Persons contracting to light or lighting with Gas
as aforesaid; and every such Penalty or Forfeiture shall and may
be levied and recovered for the Use of such Water Works Company,
in the same Manner as any other Penalty or Forfeiture which shall
be incurred under the Provisions contained in this Act may be
levied and recovered before a Justice of the Peace, with Costs,
to be assessed by such Justice.


XIV.  And whereas it may be or become a Question upon
such Complaint as aforesaid whether the said Water be
contaminated or affected by the Gas of the Trustees, Gas Light
Company, or other Person or Persons so contracting to light or
lighting with Gas the said Square, or such other Place or Places
as aforesaid; be it therefore enacted, That in every such Case it
shall be lawful for any such Water Works Company at aforesaid to
dig to and about, and to search and examine all or any of the
Mains, Pipes, Conduits, and Apparatus of the said Trustees, Gas
Light Company, or other Person or Persons contracting to light or
lighting with Gas as aforesaid, for the Purpose of ascertaining
whether such Contamination proceed or be occasioned by the Gas of
the said Trustees, or of each Gas Light Company, or other Person
or Persons; and if it shall appear that the said Water has been
contaminated or affected by any Escape of Gas, then and in every
such Case the Costs and Expences of the said Digging, Search, and
Examination, and of the Repair of the Pavement of the Street or
Place which shall be taken up or disturbed, shall be borne and
paid by the said Trustees, p. 16Gas Light Company, or other Person or
Persons by whose Gas the said Water shall be so contaminated as
aforesaid, which Costs and Expences shall be ascertained and
determined (if necessary) by any Justice of the Peace, and may be
levied and recovered in the same Manner as any Penalty or
Forfeiture which shall be incurred under the Provisions contained
in this Act may be recovered before a Justice of the Peace:
Provided always, that if upon such Examination it shall appear
that such Contamination has not arisen from any such Escape of
Gas from any of the Mains, Pipes, or Conduits of the said
Trustees, Gas Light Company, or other Person or Persons
contracting to light or lighting with Gas as aforesaid, then and
in every such Case the Water Works Company by whom or on whose
Behalf such Examination and Search shall be made shall bear and
pay all the Costs, Charges, and Expences of and incident to such
Examination and Search, and shall also make good to the said
Trustees, Gas Light Company, or other Person or Persons so
contracting to light or lighting with Gas as aforesaid, any Loss,
Injury, or Damage which may be occasioned to the Mains, Pipes,
Conduits, or Apparatus of the said Trustees, Gas Light Company or
other Person or Persons as aforesaid, in and by such Search and
Examination, and also any Injury or Damage which may be done in
or about any of the Footways or Carriageways which shall be
broken up or disturbed in such Search or Examination; the Amount
of such Injury, Loss, or Damage to be ascertained and determined,
if necessary, by any such Justice of the Peace as aforesaid.


XV.  And be it further enacted, That whenever any Gas
shall be found to escape from any Pipe or Pipes which shall be
laid down, set up, or used in or about the lighting Brompton
Square, or any other Place or Places within the Jurisdiction
of this Act, the said Trustees, or the Gas Light Company, or
other Person or p.
17Persons contracting to light or lighting with Gas the
said Square, or such other Place or Places as aforesaid, shall,
immediately after Notice given to them or him respectively, by
Parol or in Writing, of any such Escape of Gas, from any Person
or Persons whomsoever, cause the most speedy and effectual
Measures to be taken to stop and prevent such Gas from escaping;
and in case the said Trustees, Gas Light Company, or other Person
or Persons so contracting to light or lighting with Gas the said
Square or other Place or Places respectively, shall not, within
Twenty-four Hours next after such Notice given, effectually stop
and prevent any future Escape of Gas, and wholly and
satisfactorily remove the Cause of Complaint, then and in every
such Case the said Trustees, or the Gas Light Company, or other
Person or Persons so contracting to light or lighting with Gas as
aforesaid, shall for every such Offence forfeit and pay the Sum
of Five Pounds for each Day after the Expiration of Twenty-four
Hours from the Time of giving any such Notice, during which the
Gas shall be suffered to escape as aforesaid; which Penalty or
Penalties shall from Time to Time be recoverable in a summary
Way, in the same Manner as any other Penalty or Forfeiture which
shall be incurred under the Provisions contained in this Act may
be recovered.


XVI.  And be it further enacted, That if the said
Trustees, or any Gas Light Company, or other Person or Persons
whomsoever contracting to light or lighting with Gas the said
Square called Brompton Square, or any other Place or
Places within the Jurisdiction of this Act, shall at any Time
drain, carry, or convey, or cause or suffer to be drained,
carried, or conveyed, or to run or flow, any Washings or other
Liquid, or any other Matter or Thing whatsoever which shall arise
or be made in or about the Prosecution of their Gas Works or the
Manufacture of Gas, into the River Thames, or any other
River, or into any Brook, Stream, Reservoir, p. 18Canal,
Aqueduct, Waterway, Feeder, Pond, or Spring Head, or into any
Drain, Sewer, or Ditch communicating with any of them, or shall
do any Annoyance, Act, or Thing to the Water contained in any of
them whereby such Water or any Part thereof shall or may be
soiled, fouled, or corrupted, then and in every such Case the
said Trustees or such Gas Light Company, or other Person or
Persons so contracting to light or lighting with Gas the said
Square, or such other Place or Places as aforesaid, shall for
every such Offence forfeit and pay the Sum of Two hundred Pounds
to any Person or Persons who shall sue for the same in any of His
Majesty’s Courts of Record at Westminster, by Action
of Debt or on the Case, wherein no Essoign, Protection, or Wager
of Law, and not more than One Imparlance, shall be allowed;
Provided always, that no such Penalty or Forfeiture shall be
recoverable, unless the same be sued for within Twelve Calendar
Months next after such Annoyance, Injury, Damage, Act, or Thing
shall have ceased: Provided also, that in addition to the said
Penalty of Two hundred Pounds (and whether such Penalty shall or
shall not be sued for or recovered), in case any Washings or
other Liquid, or any other Matter or Thing whatsoever which shall
arise or be made in or about the Prosecution of such Gas Works,
or the Manufacture of Gas as aforesaid, shall be drained,
conducted, or conveyed, or caused or suffered to run or flow into
the said River Thames, Or any other River, or into any
Brook, Stream, Reservoir, Canal, Aqueduct, Waterway, Feeder,
Pond, or Spring Head, or into any Drain, Sewer, or Ditch,
communicating with any of them, or if any such Annoyance, Act, or
Thing shall be done or caused to be done as aforesaid, and Notice
thereof in Writing shall be given by any Person or Persons
whomsoever to the said Trustees, or to the Gas Light Company, or
other Person or Persons so contracting to light or lighting with
Gas the said Square, or such other Place or Places as aforesaid,
and if the said Trustees, or such Gas Light Company, p. 19or other
Person or Persons as last aforesaid, shall not, within
Twenty-four Hours next after every such Notice as aforesaid, stop
and prevent all such Washings or other Liquids, and all such
other Substances and Things as aforesaid from being drained,
conducted, or conveyed, or from running or flowing in manner
aforesaid, and also cause any such other Annoyance, Act, or Thing
as aforesaid to be discontinued, then and in every such Case the
said Trustees, Gas Light Company, or other Person or Persons so
offending shall forfeit and pay the Sum of Twenty Pounds for each
and every Day such Washings or other Liquids, or other Matters or
Things, shall be so drained, conducted, or conveyed, or caused or
suffered to run or flow in manner aforesaid, or such other
Annoyance, Act, or Thing shall be so done or caused to be done as
aforesaid; and such last-mentioned Penalty shall and may be
levied and recovered in the same Manner as any other Penalty or
Forfeiture which shall be incurred under the Provisions contained
in this Act may be levied or recovered, and shall be paid to the
Informer or Informers, or to the Person or Persons who in the
Judgment of the Justice or Justices before whom the Conviction
shall take place shall have sustained any Annoyance, Injury, or
Damage by the Act, Matter, or Thing in respect whereof such
Penalty or Forfeiture shall be inflicted.


XVII.  And be it further enacted, That it shall be lawful
for the said Trustees from Time to Time to appoint so many
able-boded Men to act as Watchmen, and to patrol, watch, and
guard the said Square, and all other Places within the
Jurisdiction of this Act, during such Hours and at such Wages as
the said Trustees shall think proper, and to provide suitable
Arms and Clothing for such Watchmen, and also to provide and set
up Watchboxes for their Reception at such Places as the said
Trustees shall think necessary; and also to provide a proper
Watchhouse or Place for the safe Custody of p. 20such Persons
as may be apprehended by such Watchmen while on Duty; and that
such Watchmen shall act as Constables during the Hours appointed
for their watching, and shall have, exercise, and enjoy all such
and the like Powers and Authorities, Privileges and Immunities,
as any Constable may have and enjoy by Law; and every Person who
shall assault or resist, or promote or encourage the assaulting
or resisting, any such Watchman in the Execution of his Duty, and
also every Victualler who shall harbour or entertain any Watchman
during any Part of the Time appointed for his being on Duty,
shall for every such Offence forfeit and pay a Sum not exceeding
Five Pounds; and in case and as often as any such Watchman shall
misbehave himself or neglect his Duty, he shall forfeit and pay a
Sum not exceeding Two Pounds.


XVIII.  And be it further enacted, That it shall be
lawful for the said Trustees from Time to Time to cause the Name
of the said Square, and of any other Street or Place within the
Jurisdiction of this Act, to be painted or otherwise described in
a conspicuous Part of any House or Building within such Square,
Street, or Place respectively; and also from Time to Time to
cause all the Houses, Buildings, and Tenements within the
Jurisdiction of this Act to be distinguished by Numbers, to be
painted or affixed upon the Entrance Doors thereof respectively;
and if any Person or Persons shall alter or wilfully deface or
remove any such Name or Number, or any Part thereof, or if any
Person or Persons for the Time being chargeable with the Rates
which shall be made in pursuance of this Act in respect of any
House, Building, or Tenement of which the Number shall be so
altered, defaced, or removed, shall not perfectly reinstate such
Number within Seven Days next after such Person or Persons
respectively shall be required so to do by a Notice from the said
Trustees or their Clerk, every p. 21such Person shall for every such
Offence forfeit and pay a Sum not exceeding Five Pounds.


XIX.  And be it further enacted, That proper Gates shall
be erected and at all Times kept up and preserved by the said
Trustees, across the Footways and Carriageways at the Entrance to
Brompton Square next the Turn-pike Road, so as to inclose
and keep the same Footways and Carriageways (such footways and
Carriageways not being now public Highways) private, as far as
may be consistent with the general Convenience of the Occupiers
of Houses in the said Square; and which said Gates shall be kept
closed during such Hours between Ten of the Clock at Night and
Seven of the Clock in the Morning, as the said Trustees shall
direct, and during those Hours a Key or Keys thereof shall be
left in the Charge of the Watchman or Watchmen on Duty in the
said Square.


XX.  And be it further enacted, That the said Trustees
shall contract with or employ some Person or Persons to cleanse
the Carriageways, and take away the Dust, Cinders, Ashes, and
Rubbish (not being Rubbish arising from Building or Repairs) from
the Houses of the Inhabitants within the Jurisdiction of this
Act; and if any Person or Persons (not being duly authorized by
the said Trustees, and not acting under or on behalf of a Person
so authorized) shall go about to collect or gather, or shall ask
for, receive, or carry away any Dust, Cinders, or Ashes from any
House, Building, or Place within the Jurisdiction of this Act,
every Person so offending shall for every such Offence forfeit
and pay a Sum not exceeding Ten Pounds.


XXI.  And, to the Intent that a Pleasure Garden or
Shrubbery may be maintained and preserved within the inclosed
Area of the said square, for the Embellishment thereof, and for
the Use of the Inhabitants of the p. 22Houses in the said Square; be it
further enacted, That it shall be lawful for the said Trustees
from Time to Time to contract for, and in the Names of any Five
or more of the said Trustees, to take and accept from the said
William Farlar, his Heirs or Assigns, a Lease or Leases of
all Ground now laid out and which hereafter shall be laid out as
or for an inclosed Area in the said Square, at such Rent or
Rents, and subject to such Stipulations and Conditions as shall
from Time to Time be settled and agreed upon between the said
Trustees and the said William Farlar, his Heirs or
Assigns, so that such Rent or Rents shall not in the whole at any
one Time exceed the yearly Sum of Thirty Pounds, and the Estate
and Interest of the Lessees in every such Lease shall by virtue
of this Act absolutely vest in the Trustees for the Time being;
and such Rent or Rents, and the Costs and Charges of and incident
to the Performance of such Stipulations and Conditions, and also
the Costs and Charges of every such Lease, shall be paid out of
the Rates to be made by virtue of this Act; and during the
Continuance of every such Lease the said inclosed Area (subject
to the Stipulations and Conditions which shall be contained in
every such Lease respectively) shall be kept and maintained as
and for a private Pleasure Garden and Shrubbery, for the
exclusive Use and Enjoyment of the Persons for the Time being
occupying Houses in the said Square (subject to the Regulations
and Provisions contained in this Act), and shall be kept securely
fenced in and inclosed with good and substantial Iron Railing,
and proper Entrance Gates, and with good and secure Locks on all
such Gates; and no Person or Persons whomsoever other than the
Occupiers of Houses in the said Square (not being menial
Servants) shall be entitled to have or use any Key or Keys of the
said inclosed Area, except it be with the Consent in Writing of
the Majority of the said Trustees, who for the Time being shall
be Occupiers of Houses in the said Square: Provided always, that
the Owners and Occupiers of p. 23Houses in the said Square called
Brompton Square built previously to the passing of this
Act, shall, notwithstanding any thing herein-before contained,
have and enjoy all Right and Interest, if any, which such Owners
or Occupiers respectively may have, or be entitled to, in the
inclosed Area of the said Square under or by virtue of any
Covenant or Agreement now in existence.


XXII.  And be it further enacted, That it shall be lawful
for the said Trustees to contract, by the Year or otherwise, with
any Person or Persons for the doing of any Works or Business
whatsoever relating to or connected with the Execution of this
Act, so that no such Contract shall continue in force for more
than Three Years from the Time of contracting, and the Clerk to
the said Trustees shall enter all such Contracts in a Book or
Books to be provided and kept for that Purpose.


XXIII.  And be it further enacted, That all the Paving
Stones, Gravel, and other Materials of which the Footways and
Carriageways within the Jurisdiction of this Act shall for the
Time being consist, and the Posts and Rails which shall be set up
for the Protection of the said Footways, and also all the Lamp
Posts, Lamp Irons, Lamps, and other Utensils which the said
Trustees shall from Time to Time cause to be set up or used for
lighting the said Footways and Carriageways, and the Watchboxes,
Arms, and Clothing which shall be provided by the said Trustees
for the Use of the Watchmen who shall be employed in pursuance of
this Act, and also (during the Continuance of any Lease of the
inclosed Area of the said Square which shall be granted to the
said Trustees as aforesaid) the Iron Railing, Fences, Gates, and
Locks of and belonging to the said inclosed Area, and the Fences,
Plants, Shrubs, and Herbage in the said inclosed Area for the
Time being, and also the Materials of which the Gravel Walks p. 24therein for
the Time being shall be formed and consist, shall for all
Purposes be deemed and considered as vested in the said Trustees,
and shall in all Actions, Suits, Indictments, Complaints,
Convictions, and other Proceedings whatsoever relating thereto,
be described generally as the Property of the Trustees for
regulating and improving Brompton Square and certain
adjacent Places, without naming the said Trustees or any of
them.


XXIV.  And be it further enacted, That if any Person or
Persons shall wilfully or maliciously destroy or damage any of
the Footways or Carriageways within the Jurisdiction of this Act,
or any Part thereof, or any Post, Rail, Lamp Post, Lamp Iron,
Lamp, Watchbox, Arms, Clothing, or other Utensil or Thing which
shall be provided by or in pursuance of the Directions of the
said Trustees, or any of the Iron Railing, Fences, Gates, Locks,
Trees, Plants, Shrubs Herbage, or Gravel Walks of or belonging to
the inclosed Area of the said Square, or any of them, or any Part
thereof respectively, every such Person shall for every such
Offence forfeit and pay a Sum not exceeding Five Pounds; and
every such Person, and also every Person by whom any of the said
Footways and Carriageways, Lamp Posts, Lamp Irons, Lamps,
Watchboxes, Arms, Clothing, Iron Railing, Fences, Gates, Locks,
Trees, Plants, Shrubs, Herbage, Gravel Walks, Utensils and
Things, or any of them or any Part thereof respectively, shall be
carelessly or accidentally destroyed or damaged, shall make full
Satisfaction for the Damage or Injury done or committed by him,
her, or them respectively; and unless such full Satisfaction
shall be forthwith made, any Justice of the Peace, upon
Application to him for the Purpose by or on behalf of the said
Trustees, may award such Sum of Money to be paid to the said
Trustees by way of Satisfaction for such Damage as such Justice
shall think reasonable, and the same shall be recovered p. 25in the Manner
herein-after provided for the Recovery of any Fine, Penalty, or
Forfeiture to be inflicted or imposed under the Provisions of
this Act.


XXV.  And be it further enacted, That if at any Time or
Times during the Continuance of any Lease or Leases of the
inclosed Area of the said Square, any Person or Persons shall,
without the Consent in Writing of the said Trustees, make or
cause to be made, or shall sell or cause to be sold, or shall
offer for Sale any Key or Keys for unlocking or opening the Gates
of the inclosed Area of the said Square, or any of them, or if
any Person or Persons shall knowingly purchase or use any Key or
Keys so unlawfully made or sold, every such Person shall for
every such Offence forfeit and pay a Sum not exceeding Ten
Pounds, and it shall be lawful for the said Trustees or any of
them, or any Person or Persons in their Service or Employ, or
acting under their Authority, to seize and to detain and keep or
to destroy every such Key.


XXVI.  And be it further enacted, That to enable the said
Trustees to carry this Act into Execution it shall be lawful for
them from Time to Time to make such Rates as they shall deem
needful upon the Tenants and Occupiers of all Lands, Houses,
Shops, Coach-houses, Stables, Erections, Buildings, and other
Tenements whatsoever within the Jurisdiction of this Act, in such
Sums of Money as the said Trustees shall think proper, so that
such Rates shall be just and equal Pound Rates, according to the
annual Rent or Value of the Premises thereby assessed, and so
that the Costs and Expences of and incident to the enclosed Area
of the said Square shall be wholly borne by the Tenants and
Occupiers of Houses in the said Square, and so that in every such
Rate it shall distinctly appear what Part thereof shall be raised
in respect of the said last-mentioned Costs and p. 26Expences, and
so that the said Rates shall not in any One Year exceed the Sum
of Two Shillings in the Pound of the annual Rent or Value of the
Property rated, except as to Houses in the said Square, after
such Lease of the enclosed Area of the said Square shall be
obtained as aforesaid, and during the Continuance of every such
Lease, and so that in the last-mentioned Cases the Rates in
respect of the Houses in the said Square shall not in any One
Year exceed the Sum of Two Shillings and Sixpence in the Pound of
the Rent or annual Value thereof; and in making the said Rates,
all Stables, Coach-houses, and other Buildings which shall belong
to or be held and occupied with any of the Houses in the said
Square, and within the Jurisdiction of this Act, shall be
respectively rated with such Houses, and not as separate
Buildings; and to facilitate the making of the said Rates, it
shall be lawful for the said Trustees, or any Person or Persons
appointed by them, at all seasonable Times to examine the Books
of Assessment to any Public, Parliamentary.  Parochial, or
Local Tax charged upon or affecting the Houses, Buildings, or
Tenements within the Jurisdiction of this Act, or any of
them.


XXVII.  And be it further enacted, That in every Rate to
be made as aforesaid, the Landlord or Proprietor of every House
or Tenement within the Jurisdiction of this Act, which shall be
occupied by any Ambassador, Foreign Minister, or other Person not
compellable by Law to pay such Rate, shall be deemed to be and
shall be rated as the Occupier thereof respectively.


XXVIII.  And be it further enacted, That whenever any
House within the Jurisdiction of this Act shall be let out ready
furnished, or shall be let out, furnished or unfurnished, in
separate Tenements, or wholly or in part to a Lodger or Lodgers,
the Landlord or Owner, being the Person or Persons claiming or
receiving the Rent p.
27payable by the Occupier or Occupiers of every such
furnished House, Tenement, or furnished Lodging respectively,
shall be deemed to be and shall be rated as the Occupier thereof:
Provided always, that the Goods and Chattels of every Occupier of
any such ready-furnished House or separate Tenement or Lodging,
shall (without Prejudice to the Liability of the Person or
Persons so rated) be liable to be distrained for raising such
Rates, and all Arrears thereof, so that in no Case any greater
Sum shall be levied by Distress of the Goods and Chattels of any
such Occupier than shall at the Time of making such Distress be
actually due from such Occupier for the Rent of the Premises in
which such Distress shall be made: Provided also, that every such
Occupier who shall pay any such Rate or Rates, or upon whose
Goods and Chattels the same shall be levied, shall and may deduct
the Amount of the Sum or Sums which shall be so paid or levied
out of any Rent payable by such Occupier to the Person or Persons
rated; and such Payment shall be a sufficient Discharge to every
such Occupier for so much of such Rent accordingly.


XXIX.  And be it further enacted, That every Rate which
shall be made for the Purposes of this Act may from Time to Time
be altered and amended by the said Trustees at any Meeting
pursuant to this Act, either by inserting the Name or Names of
any Person or Persons who ought to have been rated or who shall
have come into the Possession of any rated or rateable House,
Building, or Tenement during the Time for which any Rate may be
payable, or by striking out the Name or Names of any Person or
Persons who ought not to have been rated, or by raising or
lowering the Sum or Sums charged upon any Person or Persons, or
by apportioning between any outgoing and incoming Tenant any Sum
or Sums which shall be charged upon either in such Rate or
otherwise as the said Trustees shall think necessary for making
such p. 28Rate
a just and equal Rate; and the Monies charged to any Person or
Persons in consequence of any such Alteration or Amendment may be
recovered and levied in the same Manner as if such Alteration or
Amendment had been an original Insertion.


XXX.  And be it further enacted, That the first Rate
which shall be made by virtue of this Act shall be for Two
Quarters ending at Christmas Day next after the passing of
this Act, and that every subsequent Rate shall be for One whole
Year, commencing from the Expiration of the Term for which the
preceding Rate shall have been made; and that all the said Rates
shall become due and be payable immediately upon the making
thereof, but may be collected in one or several Payments, or
yearly, half-yearly, or quarterly, as the said Trustees shall
from Time to Time direct; and that such Rates and all other
Monies which shall become due or be payable to the said Trustees
in pursuance of the Provisions in this Act contained shall be and
are hereby vested in the said Trustees, and shall be paid to such
Person or Persons as the said Trustees shall from Time to Time
appoint to collect and receive the same, and shall be applied and
disposed of by the said Trustees in defraying the Expences of and
incident to the Execution of this Act, and otherwise as in or by
this Act is directed or authorized.


XXXI.  And be it further enacted, That if any Person or
Persons liable to pay any Rate or Rates which shall be made in
pursuance of this Act, or any Part or Parts of any such Rate or
Rates, shall refuse or neglect to pay the same, it shall be
lawful for any Justice of the Peace for the County of
Middlesex, and every such Justice is hereby authorized and
empowered (such Defaulter having been first duly summoned to
appear before such Justice or Justices to shew Cause for such
Refusal or p.
29Neglect, and not having appeared upon such Summons, or
having appeared and not shewn good and sufficient Cause to such
Justice that he, she, or they, is or are not chargeable with such
Rate or Rates) to grant a Warrant under his Hand and Seal,
authorizing the Person appointed to collect the same Rates as
aforesaid, or any other Person or Persons, to levy such Rate or
Rates, and all Arrears thereof, together with all incidental
Coats and Expences, by Distress of the Goods and Chattels of the
Person or Persons so neglecting or refusing; and if the said Rate
or Rates, and all Arrears thereof, together with all such Costs
as aforesaid, and also all Costs of and incident to the taking
and detaining the Distress, shall not be paid within Five Days
next after the Distress shall be taken, the Person appointed to
collect the said Rates, or other Person authorized by the said
Warrant, shall cause the Goods and Chattels distrained to be
appraised and sold, or such Part thereof as shall be sufficient
to pay the said Rate or Rates, and all Arrears thereof, and all
such Costs and Expences as aforesaid, and the Costs and Expences
of keeping, appraising, and selling the Distress, and after full
Payment of the same, shall return the Overplus (if any) to the
Owner or Owners of such Goods and Chattels respectively, on
Demand made thereof by such Owner or Owners; and in default of
such Distress it shall be lawful for any such Justice to commit
the Person or Persons so neglecting or refusing to pay such Rate
or Rates, and all Arrears thereof, and all attendant and
incidental Costs and Expences as aforesaid, to the Common Gaol or
House of Correction, there to remain without Bail or Mainprize
for any Time not exceeding Six Calendar Months, unless Payment
shall be sooner made of such Rate or Rates, and all Arrears
thereof as aforesaid, together with all Costs and Expences
attendant upon and incident to the Recovery thereof (such Costs
and Expences to be ascertained and determined by such Justice);
and subject and without Prejudice p. 30to the Powers and Remedies herein
before provided for the Recovery of the said Rates, the said
Trustees may sue for and recover the same, with full Costs of
Suit, in any Court of Request, or by Action of Debt in any of His
Majesty’s Courts of Record; and in every such Action it
shall be sufficient to declare that the Defendant is indebted to
the Plaintiff in the Sum sought to be recovered by virtue of a
Rate (or of several Rates, as the Case may require) made in
pursuance of this Act.


XXXII.  And be it further enacted, That it shall be
lawful for the said Trustees to borrow at Interest, or to raise
by the Sale of One or more Annuity or Annuities for a Life or
Lives (subject to the Restrictions herein-after contained), any
Sum or Sums of Money which the said Trustees shall from Time to
Time require, in or about the Execution of this Act; and the said
Trustees shall make and deliver to the Person or Persons from
whom any Money shall be so borrowed One or more Promissory Note
or Notes in the Form or to the Effect following, to the Amount of
the Money so borrowed; namely,


‘The Trustees for
regulating and improving Brompton Square and certain
adjacent Places, acting in the Execution of an Act of the Fifth
Year of King George the Fourth, intituled [here insert
the Title of this Act], hereby promise to pay to —
—, — — Executors or Administrators, or —
— or their Order, by Indorsement hereon, out of the Rates
to be made in pursuance of the said Act, the Sum of —
Pounds on the — Day of — [here name a Day for the
Payment of the Money, not being less than Five Years nor
more than Fifteen Years from the Date of the Note], and also
Interest for the same from the Date hereof, at the Rate of
— per Centum per Annum, p. 31by half-yearly Payments, on every
— Day of — and — Day — in the
meantime.  In witness whereof Three of the said Trustees
have hereunto subscribed their Names, the — Day of
—.’




And the said Trustees shall also make and deliver to the
Purchaser or Purchasers of every such Annuity, a Grant thereof in
the Form or to the Effect following:


‘The Trustees for
regulating and improving Brompton Square and certain
adjacent Places, acting in the Execution of an Act of the Fifth
Year of King George the Fourth, intituled [here insert
the Title of this Act] in consideration of the Sum of —
paid to them by — of — do hereby grant to — an
Annuity of — a Year during —, and to be paid
half-yearly on the — Day of — and the — Day of
— out of the Rates to be made in pursuance of the said
Act.  In witness whereof Three of the said Trustees have
hereunto set and affixed their Hands and Seals, the Day —
of —.’




And the Money expressed to be made payable in every such
Promissory Note as aforesaid, and the Interest thereof, and also
every Annuity which shall be granted as aforesaid, shall be and
are hereby respectively charged upon and made payable out of the
Rates to be made by virtue of this Act, and shall be paid
accordingly; and every such Promissory Note shall be transferable
by Indorsement and Delivery, in the same Manner as any other
Promissory Note is by Law transferable; and every such Annuity
shall be and be deemed Personal Estate; but no such Annuity shall
be granted for the Lives of more than Two Persons, or be made to
depend on the Life or Lives of any Person on Persons who at the
Time of granting such Annuity shall be under the Age of
Thirty-five Years, nor shall any such Annuity p. 32be granted so
as to produce to the Purchaser an Income exceeding by more than
One-fifth the Income which a Sum equal in Amount to the Purchase
Money for the same would produce if then invested in the Purchase
of a similar Annuity, according to the Rate prescribed by Two
several Acts, one made in the Forty-eighth Year of the Reign of
His late Majesty King George the Third, intituled An
Act to enable the Commissioners for the Reduction of the National
Debt to grant Life Annuities, and the other made in the
Fifty-second Year of the Reign of His said late Majesty,
intituled An Act for amending Two Acts passed in the
Forty-eighth and Forty-ninth Years of His present Majesty,
for enabling the Commissioners for the Reduction of the
National Debt to grant Life Annuities; and none of the said
Trustees shall be personally liable for the Payment of any
Promissory Note or Annuity to be issued or granted in pursuance
of this Act.


XXXIII.  And be it further enacted, That the Names of the
Trustees present at each Meeting in pursuance of this Act, and
also all their Orders and Proceedings at each such Meeting, shall
be entered in a Book or Books to be kept for that Purpose; and
the Entry of the Proceedings at each Meeting shall be signed by
the Chairman at the next Meeting, and such Entries being so
signed shall be deemed Originals, and may be read in evidence in
all Courts whatsoever.


XXXIV.  And be it further enacted, That if any Person or
Persons shall beat or dust, or cause to be beat or dusted, any
Carpet or Carpets, or shall slack, sift, or screen, or cause to
be slacked, sifted, or screened, any Lime or Rubbish, or shall
mix any Mortar, or shall make or assist in making any Bonfire, or
shall discharge any Fireworks, or play at Football, or any other
Game in the said Square, or any Part thereof; or if any Person p. 33or Persons
shall set or place or cause to be set or placed any Timber,
Bricks, Stone, Lime, Mortar, or other Building Materials, or any
Stall, Stallboard, or Basket, or any Goods, Wares, or Merchandize
whatsoever, or any Mud, Dirt, Sand, Rubbish, Filth, Dung, Ashes,
or Dust, upon any Footway or Carriageway within the Jurisdiction
of this Act; or if any Person or Persons shall run, drive, or
place, or cause to be run, driven, or placed, any Coach, Chaise,
Waggon, Cart, Truck, Wheelbarrow, or other Carriage whatsoever,
upon any Footway within the Jurisdiction of this Act; or if any
Person or Persons shall cause or wilfully permit or suffer any
Horse or other Beast or Cattle, which such Person or Persons may
be riding, driving, or leading, to go upon any such Footway, or
shall tie or fasten any Horse or other Beast or Cattle to any
House, Wall, Fence, Post, Rail, or other Thing whatsoever, across
any Footway or Carriageway within the Jurisdiction of this Act;
or if any Person or Persons shall place or put out, or cause or
permit to be placed or put out upon or before any House or
Building next or towards any Footway within the Jurisdiction of
this Act, any Garden or other Pot or Tub (except such Pot or Tub
shall by Iron Rails or Bars be perfectly secured from falling);
or if any Person or Persons shall lead or drive any Horse or
other Beast in any Part of the said Square, either with or
without any Carriage, for the Purpose of breaking, exercising,
trying, or offering for Sale any such Horse or other Beast; or if
any Person or Persons shall empty or begin to empty any Boghouse,
or to take away any Night Soil from any House or Place within the
Jurisdiction of this Act, or shall come with Carts or Carriages
for that Purpose (except between the Hours of Twelve of the Clock
at Night and Five of the Clock in the Morning); or if any Person
or Persons shall occasion any other Kind of Obstruction or
Annoyance whatsoever, in or upon any of the Footways or
Carriageways p.
34within the Jurisdiction of this Act, or shall obstruct
or incommode, hinder or prevent, the free Passage of any such
Footway or Carriageway, or prejudice or annoy in any Manner
whatsoever any Person or Persons travelling, passing, or going
thereon; or if any Person or Persons shall breed, feed, or keep
any Kind or Species of Swine in any House or Building within the
Jurisdiction of this Act, or within any Yard, Garden, or other
Tenement held with any such House or Building; every such Person
shall forfeit and pay a Sum not exceeding Five Pounds for every
such Offence.


XXXV.  Provided always, and be it further enacted, That
no Person shall be subject to any Penalty on account of any
Rubbish, Building Materials, or Scaffolding, being necessarily
deposited or fixed in or upon any Footway or Carriageway, before
any House or Building which shall be pulling down, rebuilding, or
under Repair, so that the same be properly enclosed, and
convenient Space left for Carriages to pass and repass with ease
and Safety, and so that a sufficient Light be kept up and
maintained there from Sun-set to Sun-rise, to prevent Accidents,
and so that all such Rubbish, Building Materials, Enclosures, and
Scaffolding respectively, be removed within a reasonable Time
after such pulling down, rebuilding, or repairing shall be
finished, or upon Notice signed by the Clerk to the said
Trustees, and given to the Owner or Occupier of the House or
Building which shall be so pulling down, rebuilding, or under
Repair, or affixed upon some conspicuous Part of such House,
Building, Enclosure, or Scaffolding: Provided also, that in case
any Person or Persons so depositing or affixing or causing to be
deposited or affixed any such Rubbish, Building Materials, or
Scaffolding as aforesaid, in or upon any of the said Footways or
Carriageways as aforesaid, shall not properly enclose the same,
and leave convenient Space for Carriages to pass and repass with
p. 35Ease and
Safety as aforesaid, and also keep up a good and sufficient Light
there from Sun-set to Sun-rise, so as to prevent Accidents, or
shall not remove any such Rubbish, Building Materials, or
Scaffolding upon such Notice as aforesaid, every Person making
default in any of the Cases aforesaid shall forfeit and pay a Sum
not exceeding Ten Pounds.


XXXVI.  And be it further enacted, That it shall be
lawful for any Officer or Person employed in the Execution of
this Act, without any other Warrantor Authority than this Act, to
seize and detain, and for any other Person or Persons to assist
in seizing and detaining any unknown Person or Persons who shall
commit any Offence punishable under this Act, and to take such
Offender or Offenders before a Justice of the Peace, in order to
his or her Conviction for such Offence.


XXXVII.  And be it further enacted, that if any Person or
Persons shall obstruct, hinder, or molest the said Trustees or
any of them, or any Officer or other Person whomsoever, who shall
be employed or acting in the Execution of this Act, in the
Performance of any Act, Matter, or Thing to be done by virtue of
or under the Authority of this Act, or if any Person or Persons
who shall be summoned to give Evidence before any Justice of the
Peace touching or concerning any Offence or Matter punishable
under this Act, shall not attend pursuant to such Summons, nor
produce a sufficient Excuse to the Satisfaction of such Justice
for his Non-attendance, every Person or Persons so offending
shall for every such Offence forfeit and pay a Sum not exceeding
Ten Pounds.


XXXVIII.  And be it further enacted, That all Penalties
and Forfeitures which shall be incurred under the Provisions
herein-before contained, the Manner of p. 36levying or recovering whereof is not
herein-before particularly directed, shall be recoverable before
any Justice of the Peace for the County of Middlesex, upon
Complaint made to any such Justice within Six Calendar Months
next after the Offences respectively shall be committed; and it
shall be lawful for every such Justice to whom such Complaint
shall be made, to summon the Party or Parties complained against
before him, and on such Summons to hear and determine the Matter
of such Complaint, and on Proof of the Offence or Offences
respectively, either by the Confession of the Offender or
Offenders, or by the Oath of any credible Witness or Witnesses,
to convict such Offender or Offenders, and to adjudge him or them
to pay the Penalty or Forfeiture incurred, although no
Information in Writing shall be exhibited before such Justice;
and in every Case where any such Penalty or Forfeiture, together
with all Costs of and incident to the Complaint, Summons,
Hearing, and Conviction, shall not be forthwith paid by the
Offender or Offenders at the Time of Conviction, such Penalty and
also such Costs as aforesaid shall be levied by Distress and Sale
of the Goods and Chattels of the Offender or Offenders, by
Warrant under the Hand and Seal of such Justice, (and which
Warrant such Justice is hereby empowered and required to grant);
and in every such Case it shall be lawful for such Justice to
order the Offender or Offenders so convicted to be detained and
kept in safe Custody until Return can conveniently be made to
such Warrant of Distress, unless the Offender or Offenders shall
give sufficient Security, to the Satisfaction of such Justice,
for his or their Appearance before such Justice on such Day or
Days as shall be appointed for the Return of such Warrant of
Distress (not being more than Seven Days from the Time of taking
such Security), and which Security the said Justice is hereby
empowered to take by way of Recognizance or otherwise; and if
upon the Return of such p. 37such Warrant it shall appear that no
sufficient Distress can be had thereupon, or in case it shall
appear to the Satisfaction of such Justice, either by the
Confession of the Offender or Offenders or otherwise, that such
Offender or Offenders hath or have not sufficient Goods and
Chattels whereon such Penalties or Forfeitures with all Costs as
aforesaid can be levied, if a Warrant of Distress were issued (in
which Case it shall not be necessary to issue any Warrant of
Distress), then and in every such Case it shall be lawful for
such Justice to cause such Offender or Offenders to be committed
to the Common Gaol or House of Correction, there to remain
without Bail or Mainprize for any Term not exceeding Six Calendar
Months, unless such Penalties and Forfeitures, and all attendant
and incidental Costs, shall be sooner paid; and the Monies
arising by such Penalties and Forfeitures respectively shall from
Time to Time, in every Case where the Appropriation thereof is
not herein-before otherwise directed, be paid to the Treasurer to
the said Trustees, and (subject to the Power hereby given to the
said Trustees to dispose of any Part or Parts thereof, not
exceeding One Half, in rewarding the Informer or Informers, or
any other Person or Persons who shall have aided in detecting or
convicting the Offender or Offenders respectively) shall be
applied and disposed of for the Purposes of this Act.


XXXIX.  And be it further enacted, That every Justice of
the Peace before whom any Person shall be convicted of any
Offence against this Act, shall and may cause the Conviction to
be drawn up in the following Form of Words, or in any other Form
to the like Effect:


‘Middlesex to wit. } Be it remembered, That on the — Day of
— in the Year of our Lord — A. B. is convicted
before — p.
38One of His Majesty’s Justices of the Peace for the
County of Middlesex, of [here shortly state the
Offence, and when and where committed] contrary to the
Form of a Statute made in the Fifth Year of the Reign of His
Majesty King George the Fourth, intituled [here set
forth the Title of this Act], and I do adjudge that the said
A.B. hath therefore forfeited the Sum of —. 
Given under my Hand and Seal, the Day and Year first above
written.’




XL.  And be it further enacted, That where any Distress
shall be made for any Rate or Penalty to be levied in pursuance
of the Provisions contained in this Act, the Distress shall not
be deemed unlawful, nor the Party or Parties making the same a
Trespasser or Trespassers, on account of any Defect or Want of
Form in any Proceeding relating thereto, nor shall the Party or
Parties distraining be deemed a Trespasser or Trespassers ab
initio, on account of any subsequent Irregularity, but the
Person or Persons aggrieved by any such Irregularity may recover
full Compensation for any special Damage by an Action on the
Case, subject to the Limitations herein-after made.


XLI.  And be it further enacted, That if any Person shall
think himself or herself aggrieved by any Rate to be made in
pursuance of this Act, he or she, having first paid such Rate or
Assessment, may appeal to the said Trustees at their next Meeting
after the Payment thereof, and the said Trustees, if they shall
think such Person aggrieved, shall give such Relief in the
Premises as they shall deem reasonable; and if any such Person
shall be dissatisfied with the Determination of the said
Trustees, or if any Person shall think himself or herself
aggrieved by any thing which shall be done by any Justice of the
Peace in the Execution of this Act, such Person may p. 39appeal to the
Justices of the Peace for the County wherein the Cause of
Complaint shall arise, at their General Quarter Sessions to be
held next after the Expiration of One Calendar Month from the
Time when the Cause of Complaint shall arise, but not afterwards,
such Appellant first giving Fourteen Days Notice at the least in
Writing of his or her Intention to make such Appeal, and of the
Matter thereof, to the Clerk to the said Trustees, and within
Five Days next after such Notice entering into a Recognizance
before some Justice of the Peace for such County, with Two
sufficient Sureties conditioned to try such Appeal at and abide
the Order of and pay such Costs as shall be awarded by the
Justices at such Sessions, and also (when the Appeal shall be
against a Conviction) to pay the Penalty or Forfeiture, if the
Conviction shall be affirmed; and the said Justices at such
Sessions, upon Proof of such Notice having been given as
aforesaid, and of such Recognizance as aforesaid having been
entered into, shall hear and finally determine the Matter of such
Appeal in a summary Way, and award such Costs to the Appellant or
Respondent as the said Justices shall think proper, and may by
their Order or Warrant levy such Costs by Distress and Sale of
the Goods and Chattels of the Person or Persons ordered to pay
the same, and for want of sufficient Distress may commit such
Person or Persons to the Common Gaol or House of Correction for
any Term not exceeding Six Calendar Months, or until Payment of
such Costs, and the Determination of the said General Quarter
Sessions shall be final and conclusive to all Intents and
Purposes; and no such Rate or Assessment as aforesaid, nor any
Proceeding touching the Conviction of any Offender or Offenders,
or any other Matter or Thing done or transacted in or about the
Execution of this Act, shall be quashed or vacated for Want of
Form, or removed by Certiorari or any other Writ or Process
whatsoever, into any of His Majesty’s Courts of p. 40Record at
Westminster; but any such Rate or Assessment, or any
Matter of Form in any Conviction or Proceeding as aforesaid, may
be amended as the Justices at any General Quarter Sessions shall
direct.


XLII.  And be it further enacted, That any Justice of the
Peace for the County of Middlesex may act as such in the
Execution of this Act, notwithstanding he may at the same Time be
a Trustee under this Act; and none of the said Trustees, nor any
rated Inhabitant or Occupier of any House, Building, or Tenement
within the Jurisdiction of this Act, shall by reason thereof be
deemed an incompetent Witness in any Action, Prosecution,
Information, Complaint, Appeal, or Proceeding whatsoever relating
to the Execution of this Act, or to any Rate made in pursuance
thereof; and all Notices and Summonses which are required to be
given by this Act, or which may be necessary for carrying this
Act into Execution, may be either written or printed, or partly
written and partly printed, and may (in all Cases in which the
Manner of serving the same is not particularly directed by this
Act) be served either by delivering the same to the Person or
Persons to whom such Notices or Summonses respectively are
directed, or by leaving the same at the usual or last known Place
of Abode of such Person or Persons, or at or upon any House,
Building, or Tenement whereunto such Notices or Summonses
respectively shall relate.


XLIII.  And be it further enacted, That the said Trustees
may sue and be sued in the Name of their Clerk or Treasurer for
the Time being, and not otherwise; and no such Action or Suit
shall abate or be discontinued by the Death or Removal of such
Clerk or Treasurer, but the Clerk or Treasurer for the Time being
to the said Trustees shall always be deemed Plaintiff or p. 41Defendant, as
the Case may be, but such Clerk or Treasurer shall not be
personally answerable for any Damages or Costs which may be
recovered against him by reason of his being so made Plaintiff or
Defendant, but such Damages and Costs respectively shall be paid
by the said Trustees out of the Money to be raised under this
Act; and such Clerk or Treasurer shall be a competent Witness in
such Action, notwithstanding he may be the nominal Plaintiff or
Defendant.


XLIV.  And be it further enacted, That it shall be lawful
for the said Trustees from Time to Time to hire any Room or
Building, as they shall think fit, in any convenient Place within
the Limits of this Act, to be used as and for an Office or
Offices for keeping their Accounts, holding their Meetings, and
transacting the Business relating to this Act, or for other the
Purposes of this Act, and to accept and take a Lease of such Room
or Building to themselves, or any of them, or to any Person or
Persons in Trust for them, for any Term or Number of Years, at
and under such Rent or Rents as they shall from Time to Time
think fit, and to pay such Rent or Rents out of the Money to
arise by virtue of this Act.


XLV.  And be it further enacted, That no Action or Suit
shall be commenced against any Person or Persons for any thing
done by such Person or Persons in or about the Execution of this
Act, until the Expiration of One Calendar Month next after a
Notice in Writing, fully and explicitly stating the Cause or
Causes of Action, and the Name or Names, and Place or Places of
Abode of the intended Plaintiff or Plaintiffs, and of his or
their Attorney or Agent, shall have been delivered to or left at
the usual Place of Abode of the intended Defendant or Defendants;
and no such Action or Suit shall be commenced after a Tender of
sufficient Amends shall have been made, either to the Party
aggrieved or (on p.
42his or their Behalf) to the Attorney or Agent named in
such Notice, nor after the Expiration of Six Calendar Months next
after the Fact committed, and the Venue in every such Action or
Suit shall be laid in the County where the Cause of Action shall
have arisen and not elsewhere; and the Defendant or Defendants
may at his or their Election plead specially or the General
Issue, and at the Trial thereof give this Act and the special
Matter in Evidence; and if the Matter or Thing complained of
shall appear to have been done under the Authority of this Act,
or if any such Action or Suit shall be brought contrary to the
foregoing Restrictions and Limitations, or any of them, then the
Jury shall find for the Defendant or Defendants; and upon such
Verdict, or if the Plaintiff or Plaintiffs shall be nonsuited, or
discontinue his, her, or their Action, after the Defendant or
Defendants shall have appeared, or if upon Demurrer Judgment
shall be given against the Plaintiff or Plaintiffs, then the
Defendant or Defendants shall have Treble Costs, and have such
Remedy for the Recovery thereof as any Defendant may have for the
Recovery of Costs in any Case by Law.


XLVI.  And be it further enacted, That no Person who
shall be an Occupier of any House, Building, or Tenement within
the Jurisdiction of this Act, and shall be charged in respect
thereof towards any of the Rates to be made by virtue of this
Act, shall be liable or charged in respect of the same Premises
to or with any general Rate or Rates for paving, lighting, or
watching the Town or Parish of Kensington or any Part
thereof, or to or with any Rate for or towards paving, lighting,
or watching any particular Street, Road, or Place; any Law or
Usage to the contrary notwithstanding.


XLVII.  Provided always, and be it further enacted. 
That nothing herein contained shall extend to authorize p. 43the said
Trustees to expend any Money which shall be raised under the
Authority of this Act in or about the first laying out, forming,
paving, or gravelling any of the Footways or Carriageways on the
East, West, or North Sides of Brompton Square, or in or
about the first enclosing, forming, or planting any Part of the
Area of the said Square.


XLVIII.  Provided always and be it further enacted, That
nothing in this Act contained shall extend or be deemed or
construed to extend to prejudice, diminish, alter, or take away
any of the Rights, Powers, or Authorities vested in the
Commissioners of Sewers for the City and Liberty of
Westminster and Part of the County of Middlesex;
but all the Rights, Powers, and Authorities vested in them shall
be as good, valid, and effectual as if this Act had not been
made.


XLIX.  Provided also, and be it further enacted, That
nothing in this Act contained shall operate or be construed to
take away any Right, Power, Interest, Privilege, Advantage, or
Authority, which is by Law now vested in the Governor and Company
of Chelsea Water Works, or in the Company of Proprietors
of the West Middlesex Water Works, or in the Grand
Junction Water Works Company respectively; but that all and every
the said Rights, Powers, Interests, Privileges, Advantages, and
Authorities respectively, may be exercised and enjoyed in as full
and ample a Manner to all Intents and Purposes as the same were
exercised and enjoyed immediately before the passing of this
Act.


L.  And be it further enacted, That all Costs and
Expences of and incident to the obtaining and passing this Act
shall be paid out of the first Monies which shall be raised by
virtue of this Act.


p.
44LI.  And be it further enacted, That this Act shall
be deemed and taken to be a Public Act, and shall be judicially
taken notice of as such by all Judges, Justices, and others,
without being specially pleaded.


 


LONDON:
Printed by George Eyre
and Andrew
Strahan,

Printers to the King’s most
Excellent Majesty. 1825.