1790: 30 George 3 c.76: An Act for forming and keeping in Repair the Streets, and other publick Passages and Places, within a certain District in the Parish of Saint Luke Chelsea, in the County of Middlesex, called Hans Town, and for otherwise improving the same.

[Preamble.]

WHEREAS Henry Holland of the Parish of Saint Luke in Chelsea, in
the County of Middlesex, Esquire, is intitled to a certain large Piece
of Ground in the said Parish, which he holds for a long Term of Years,
under the Right Honourable Charles Sloane, Lord Cadogan, the Right
Honourable Welbore Ellis, and Christopher D’Oyley Esquire; which said
Ground lies on the South Side of the Town or Village of Knightsbridge,
and it fronting or pointing towards the North, partly on the High Road
leading through Knightsbridge aforesaid, partly on or near to the Yard
and Stables belonging to the Swan Inn in Knightsbridge, and Land of
William Brown Esquire; and towards the South, on a certain Street
called White Lion Street, and Messuages and Lands belonging to James
Lawrance, Joseph Newsham, and others; and bounded in Part on the East
by a Rivulet or Water Creek, encompassing great Part of the said Ground
on the East Side thereof, and in other Part by the Lands belonging to
Charles Lowndes Esquire, and others; and towards the West on lands
belonging to William Bushnell, and others, and contains by Estimation
Eighty-nine Acres, or thereabouts; and the said Henry Holland hath
caused a commodious Carnage Way or Street, called Sloane Street, to be
made from Knightsbridge aforesaid, over or across the said Ground, and
several other Streets, publick Passages, and Places, have been and may
hereafter be set out and made upon the said Piece of Ground: And whereas
it would contribute to the Benefit and Safety of all Persons who now do
or may hereafter inhabit the said several Streets and other publick
Passages and Places, and to all Persons having Occasion to pass along the
same, if Provision was made for forming and paving, or otherwise
repairing and keeping in Repair, the same, and also for cleansing,
lighting, watching, and watering the said Streets and other publick
Passages and Places, and keeping the same free from all Nuisances,
Annoyances, and Incroachments; but the several Purposes aforesaid cannot
be effected without the Aid and Authority of Parliament: May it therefore
please Your Majesty that it may be enacted; and be it enacted by the
King’s most Excellent Majesty, by and with the Advice and Consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the Authority of the same, That every Person who now
is, and from Time to Time hereafter shall become, either in his own Right
or in the Right of his Wife, in the actual Possession and Enjoyment of
Receipt of the Rents and Profits of Lands, Tenements, or Hereditaments,
situate within the Limits of this Act, of the clear yearly Value of
Thirty Pounds, and also every Person who now is, and from Time to Time
hereafter shall be, a Lessee of a House, Tenement, or Land within the
Limits aforesaid, rated or liable to be rated, by virtue or for the
Purposes of this Act, at Thirty Pounds per Annum at the least, and also
every Person who now is, and from Time to time hereafter shall be
resident within the Limits of this Act, and Occupier of a House,
Tenement, or Land, rated or liable to be rated as aforesaid, and
possessed of a Personal Estate of the Amount or Value of Two thousand
Pounds, shall be and are hereby appointed Commissioners for putting this
Act in Execution.

[Qualification of Commissioners.]

II. Provided always, That no Person shall be capable of acting as a
Commissioner in the Execution of this Act, except in administering the
Oath herein-after mentioned (which Oath any One of the said Commissioners
is hereby empowered to administer), unless at the Time of his acting he
shall be qualified in Manner herein-before mentioned, and until such
Person shall have taken and subscribed an Oath to the Effect following;
(that is to say),

The Oath.

‘I A. B. do swear, That I truly am in my own Right, or in the Right
of my Wife, in the actual Possession and Enjoyment, or Receipt of the
Rents and Profits, of Lands, Tenements or Hereditaments, of the clear
yearly Value of Thirty Pounds [or that I am Lessee (or Occupier)
of a House, Tenement, or Land, rated or liable to be rated at Thirty
Pounds per Annum at the least, by virtue or for the Purposes and]
within the Limits of an Act of Parliament, made in the Thirtieth Year
of the Reign of King George the Third, intituled, [Set forth the
Title of the Act]; and [in the Case of such Occupier as aforesaid]
that I am resident within the Limits aforesaid, and am possessed of a
Personal Estate of the Amount or Value of Two thousand Pounds.

‘So help me GOD.’

And if my Person, not being qualified as aforesaid, shall act as a
Commissioner in the Execution of this Act, he shall for every such
Offence forfeit and pay the Sum of Twenty Pounds to any Person who shall
sue for the same in any of His Majesty’s Courts of Record, by Action of
Debt or on the Case; and the Person so prosecuted shall prove that he is
qualified as aforesaid, or otherwise shall pay the said Penalty, without
any other Proof or Evidence being given on the Part of the Plaintiff,
than that such Person hath acted as a Commissioner in the Execution of
this Act.

[Meetings of the Commissioners.]

III. And be it further enacted, That the said Commissioners shall meet
at the House known by the Sign of the Cadogan Arms, in Sloane Street
aforesaid, on the Twenty-fourth Day of June One thousand seven hundred
and ninety, between Twelve and Two of the Clock, in order to put this Act
in Execution, and shall and may then, and from Time to Time afterwards
adjourn themselves to, and meet at the Place aforesaid, or any other
convenient Place within the Limits of this Act; and if it shall at any
Time happen that there shall not appear at any such Meeting a sufficient
Number of the said Commissioners to act, any One of the said
Commissioners, who shall then be present, may adjourn the Meeting to
another Day; and in case of any Neglect or Omission to adjourn, any Three
of the said Commissioners, or their Clerk, shall and may call a Meeting
at the Place where the last Meeting of the Commissioners was appointed to
be held, by Notice thereof to be given to the said Commissioners by
Advertisement in some Newspapers published in London or Westminster,
at least Three Days before such Meeting; and that at all Meetings to be
held in pursuance of this Act, the said Commissioners shall defray their
own Expences, and no Act of the said Commissioners shall be valid, unless
made or done at some Meeting to be held by virtue of this Act (except the
calling of Meetings as aforesaid); and that all the Powers and
Authorities by this Act granted to or vested in the said Commissioners
shall and may, from Time to Time, be exercised by the major Part of them
present at their respective Meetings to be holden as aforesaid, such
major Part not being less than Ten for the Purpose of borrowing Money or
granting Annuities by virtue of this Act, and not being less than Five in
any other Case; and in all Cases where the Number of Votes upon any
Question shall be equal (including the Chairman’s Vote), the Chairman
shall have the casting Vote.

[Restriction as to revoking Orders.]

IV. And be it further enacted, That no Order made by the said
Commissioners at any of their Meetings shall be revoked or altered,
unless at some Meeting to be held for that Purpose (of which Meeting
Seven Days Notice shall be given as aforesaid, expressing the Occasion of
such Meeting), and also unless a greater Number of Commissioners shall
attend at such Meeting to revoke or alter the same than were present when
such Order was made; any Thing in this Act contained to the contrary
hereof notwithstanding.

[Proceedings of the Commissioners to be entered.]

V. And be it further enacted, That regular Entries shall be made, in a
Book to be provided for that Purpose, of all the Acts, Orders, and
Proceedings of the said Commissioners, and of the Names of the
Commissioners who shall be present at the respective Meetings; and One or
more of the said Commissioners who shall be present shall subscribe his
or their Name or Names at the End of the Proceedings of the respective
Meetings; and all such Entries, being so signed, shall be deemed
Originals, and shall be allowed to be read in Evidence in all Causes,
Suits, and Actions, touching any Thing done in pursuance of this Act; and
that such Books shall, at all seasonable Times, be open to the Inspection
of all Persons rated or assessed for the Purposes of this Act.

[Officers to be appointed.]

VI. And be it further enacted, That the said Commissioners shall from
Time to Time, by Writing under their Hands, appoint a Treasurer, Clerk,
and Surveyor, and also a Collector of the Rates or Assessments to be made
as herein-after mentioned, and such other Officers and Persons as they
shall think necessary, and may remove any such Officers or other Persons
as they shall think proper, and appoint others in their Stead, and shall
pay such Salaries, and make such Allowances, to all such Officers or
Persons, as the said Commissioners shall think reasonable; and the said
Commissioners are hereby required to take such Security from every such
Treasurer and Collector of the Rates as they shall think proper; and
every such Treasurer and Collector shall, under their respective Hands
(at such Time or Times and in such Manner as the said Commissioners shall
direct), deliver to the said Commissioners, or to such Person as they
shall appoint, a true and perfect Account in Writing of all Money which
shall have been by him received by virtue and for the Purposes of this
Act, and how much thereof hath been paid and disbursed, and for what
Purposes, together with the proper Vouchers for such Payments, and shall
pay all such Money as shall remain in his Hands to such Person as the
said Commissioners shall direct; and every such Treasurer and Collector
so accounting shall, upon Oath (if thereunto required by the said
Commissioners, which Oath any One of the said Commissioners is hereby
empowered to administer), verify such Account; and if any such Treasurer
or Collector shall not make and render, or shall neglect or refuse to
verify upon Oath, any such Account, or to produce or deliver up the
Vouchers relating to the same, or to make Payment as aforesaid, or in
case the Clerk to the said Commissioners, or any such Treasurer or
Collector, shall not deliver to the said Commissioners, or to such Person
as they shall appoint, within Fourteen Days next after being thereunto
required by Notice in Writing signed by the said Commissioners, and given
to or left at the last or usual Place of Abode of such Treasurer, Clerk,
or Collector, all Books, Papers, and Writings in his Custody or Power,
relating to the Execution of this Act, or give Satisfaction to the said
Commissioners respecting the same, and Complaint shall be made thereof,
on the Behalf of the said Commissioners, to any Justice of the Peace for
the County of Middlesex, such Justice is hereby authorized and
required, by Warrant under his Hand and Seal, to cause such Treasurer,
Clerk, or Collector to be brought before him, and upon his appearing, or
not being to be found, to hear and determine the Matter of such Complaint
in a summary Way; and if, upon the Confession of the Party, or by the
Testimony of any credible Witness upon Oath (which Oath such Justice is
hereby empowered to administer), it shall appear to such Justice that any
of the Monies, which shall have been collected and raised by virtue of
this Act, shall be in the Hands of any such Treasurer or Collector, such
Justice is hereby authorized and required, upon Nonpayment thereof, by
Warrant under his Hand and Seal, to cause such Money to be levied by
Distress and Sale of the Goods and Chattels of such Person; and if no
such Goods or Chattels can be found sufficient to answer and satisfy the
said Money, and the Charges of distraining and selling the same, or if it
shall in Manner aforesaid appear to such Justice that any such Treasurer
or Collector hath refused or neglected to render and give such Account,
or to verify the same as aforesaid, or to produce the Vouchers relating
thereto, or that any Books, Papers, or Writings relating to the Execution
of this Act shall be in the Custody or Power of any such Treasurer,
Clerk, or Collector, and he shall have refused or neglected to deliver or
give Satisfaction respecting the same as aforesaid, then such Justice
shall commit him to the Common Gaol or House of Correction, there to
remain, without Bail or Mainprize, until such Person, being Treasurer or
Collector, shall make and give a true and perfect Account, and have paid
such Money as aforesaid, or shall have compounded for such Money with the
said Commissioners, and have paid such Composition in such Manner as they
shall appoint (which Composition the said Commissioners are hereby
empowered to make and receive), or until such Person, being Treasurer,
Clerk, or Collector, shall deliver up all such Books, Papers, and
Writings as aforesaid; but no Person, who shall be committed on account
of his not having sufficient Goods or Chattels as aforesaid, shall be
detained in Prison for any longer Term than Six Calendar Months.

[Property of Pavements, &c. vested in Commissioners.]

VII. And be it further enacted, That the Property of and in all the
Pavements of the Carriage Ways and Foot Ways, and also all the Ballast or
Gravel within the several Streets, and other publick Passages and Places,
already or hereafter to be set out or made upon the Ground held by the
said Henry Holland as aforesaid (and which Ground shall be deemed and
considered to be the Limits of this Act, and shall be called Hans
Town), and of and in all Lamps, Lamp Irons, Posts, Watchboxes, Pumps,
and Wells, which now are and which shall be sunk, erected, or affixed,
and all Materials, Implements, and other Things, which shall be purchased
or gotten by virtue or for any of the Purposes of this Act, are hereby
vested in the said Commissioners, and they are hereby empowered to cause
an Action to be brought, in the Name of their Clerk, or to cause to be
preferred any Indictment against any Person who shall steal, take, or
carry away, injure, or destroy, any Part or Parts thereof.

[Commissioners to cause the Streets to be repaired, &c.]

VIII. And be it further enacted, That it shall be lawful for the said
Commissioners, and they are hereby authorized and empowered, from Time to
Time, to cause the several Streets, and other publick Passages and
Places, already or hereafter to be set out or made, within the Limits of
this Act, or such of them as they shall judge expedient, both in the
Carriage and Foot Ways, to be repaired and altered, and such Foot Ways,
and (if they think fit) the Whole or any Part of any such Carriage Ways,
to be paved in such Manner, and with such Sorts and Kinds of Materials,
as they shall judge necessary or proper; and also to cause the said
Streets, and other publick Passages and Places, to be cleansed, lighted,
watched, and watered, and the Sides thereof, and also the Middle of any
Squares which are or shall be made or set out, to be fenced or inclosed
with Iron or other Rails, in such Parts and Places, and in such Manner,
as the said Commissioners shall think proper, and all Incroachments,
Obstructions, Nuisances, and Annoyances therein to be removed, and
Drains, Sinks, Gutters, or Watercourses to be made, for conveying the
Water off and from the said Streets, and other publick Passages and
Places, in such Manner as they shall think proper; and that no Person
shall, without the Consent of the said Commissioners, alter the Form, or
break up the Ground or Pavement of the Carriage Ways or Foot Ways within
any of the said Streets, or other publick Passages or Places, or do the
same otherwise than shall be directed by said Commissioners, upon the
Pain of forfeiting the Sum of Twenty Shillings for every Offence.

[Inhabitants to form, &c. the Streets, in the first Instance.]

IX. Provided always, and be it further enacted, That the Carriage Ways
within all such new Streets, and other publick Passages and Places, which
are in Part set out and made, or which shall hereafter be set out or
made, within the Limits of this Act, shall be levelled, formed, and
covered with Gravel, not less than Six Inches Thick, and the Foot Ways
paved in the whole Front of the respective Houses, Buildings, and
Tenements, by and at the Expence of the respective Persons who for the
Time being shall be entitled to such Houses, Buildings and Tenements,
otherwise than as Tenants at Rack Rent, in such Manner as the said
Commissioners shall, by Writing under their Hands, order and direct; or
the Persons entitled as aforesaid to such Houses, Buildings, or
Tenements, shall and may compound with the said Commissioners for the
doing such Works, at or for such Sum of Money, to be paid in Advance to
the Treasurer to the said Commissioners, as the said Commissioners, and
the Persons entitled as aforesaid, shall agree upon, and in such Case the
Work, in respect whereof such Composition shall be so agreed upon, shall
be done and performed by the said Commissioners; and after such Work
shall be completed, every such Street, or other publick Passage or Place,
shall be repaired or altered, and may be paved by the said Commissioners
in like Manner as herein-before directed with respect to any Street, or
other publick Passage or Place, already set out or made within the Limits
aforesaid; but if the Persons entitled as aforesaid to any such Houses,
Buildings, or Tenements, shall not, within Three Months after being
thereunto required by Writing under the Hands of the said Commissioners,
do or perform their respective Proportions of such Work, or compound with
the said Commissioners in respect thereof, and pay the Composition Money
in Advance as aforesaid, then such Work shall be done by the said
Commissioners, and the Expence thereof shall be borne and defrayed, and
shall be paid to the Treasurer to the said Commissioners by the
respective Persons not doing or performing such Work, or compounding for
the same as aforesaid; and in case of Nonpayment thereof upon Demand, or
if the Person or Persons liable to the Payment of such Expences cannot be
met with, or shall be under any Disability of acting for himself or
herself, then it shall be lawful for the said Commissioners by virtue of
a Warrant for that Purpose under the Hands of any Two Justices of the
Peace for the County of Middlesex, to enter upon and take Possession of
any House or other Building in Front of which such Work shall be done and
performed, and to let or set the same, and receive the Rents and Profits
thereof, until thereby or therewith such Expences, and all Charges
attending the Recovery thereof, shall be fully paid and satisfied.

[Lamps to be set up.]

X. And be it further enacted, That it shall be lawful for the said
Commissioners, and they are hereby empowered, from Time to Time, to cause
such Lamp Irons or Lamp Posts to be put or affixed upon or against the
Walls or Pallisades of any of the Houses, Tenements, or Buildings, or in
such other Manner, within the said Streets and other publick Passages and
Places, as they shall think proper; and also to cause such Number of
Lamps, of such Sizes and Sorts, to be provided and affixed, or put upon
such Lamp Irons and Lamp Posts, as they shall think necessary for
lighting all or any of the said Streets, and other publick Passages and
Places, and the said Lamps, and also the several Houses within the said
respective Streets, and other publick Passages and Places, to be
numbered; and if any Person shall wilfully break, throw down, take away,
spoil, or damage any such Lamps, or any of the Irons, Posts, or other
Furniture thereof, or wilfully extinguish the Light of any such Lamp, or
deface or obliterate any such Number, every Person so offending shall,
for every such Offence, forfeit and pay any Sum not exceeding Twenty
Shillings, whereof One Moiety shall go to the Informer, and such Offender
shall also pay to the said Commissioners, or to such Person as they shall
appoint to receive the same, such Sum of Money as shall be a full
Satisfaction for the Damage so done; and in case any Person shall
carelessly, negligently, or accidentally break, throw down, or otherwise
spoil or damage any of the said Lamps, or the Irons, Posts, or other
Furniture thereof, and shall not, upon Demand, make Satisfaction for the
Damage done thereto, it shall be lawful for any Justice of the Peace for
the County of Middlesex, upon Proof thereof made by the Oath of any
credible Witness, or on the Confession of the Party, to award such Sum of
Money, by way of Satisfaction for such Damage, as such Justice shall
think reasonable, and in Default of Payment thereof, upon Demand, to
cause the same to be levied by Distress and Sale of the Goods and
Chattels of the Person who shall have done such Damage, rendering the
Overplus (if any) after deducting the Charges of prosecuting such
Complaint, and of such Distress and Sale, to the Owner of such Goods and
Chattels, upon Demand.

[Commissioners may contract for performing the Works.]

XI. And be it further enacted, That the said Commissioners may from Time
to Time, if they think proper, contract and agree with any Person or
Persons for the doing and performing all or any of the Works by this Act
authorized or directed to be done and performed; and in case any of the
Works to be done and performed by any such Contractor shall not be well
and sufficiently done and performed according to such Contract, the said
Commissioners may cause an Action to be brought, in any of His Majesty’s
Courts of Law at Westminster, in the Name of their Clerk, against any
such Contractor for any Penalty contained in his Contract; and on Proof
of the signing of the said Contract, and Nonperformance thereof, the said
Commissioners shall be entitled to, and shall recover the Penalty
contained in such Contract: Provided always, that it shall be lawful for
the said Commissioners (if they think fit) to compound and agree with any
Contractor for any Penalty incurred by him, for the Breach or
Nonperformance of any such Contract, for such Sum of Money as the said
Commissioners shall think proper, not being less than the Injury or
Damage sustained by the Breach or Nonperformance of such Contract, and of
all Costs, Charges, and Expences which shall be occasioned thereby.

[Incroachments to be removed.]

XII. And be it further enacted, That the respective Occupiers of Houses
and other Buildings within the several Streets, and other publick
Passages and Places aforesaid, shall, at their own Costs and Charges,
within such Time and in such Manner as the said Commissioners shall from
Time to Time (by Notice in Writing under their Hands, to be delivered to
such respective Occupiers, or left at their respective Dwelling Houses)
order and direct, cause all Signs belonging to, and which shall not be
fixed or placed flat upon such respective Houses or other Buildings, to
be taken down, and fixed or placed flat on the Fronts thereof; and all
Sign Irons, Sign Posts, and other Posts, Penthouses, Spouts, Steps, Shop
Windows and Cellar Windows, and other Incroachments, Obstructions,
Projections, and Annoyances, which now or hereafter shall belong to such
respective Houses or other Buildings, and which are or shall be
incommodious to Foot Passengers, to be removed, altered, or reformed, and
also to cause the Water to be conveyed from the Roofs, Cornices, and
Penthouses of or belonging to such respective Houses or other Buildings,
by proper and sufficient Pipes or Trunks, to be affixed to the Sides of
such Houses and other Buildings respectively, and from thence by proper
Drains into the common Drains or Sewers; and in case any such Occupier
shall neglect or refuse so to do, it shall be lawful for the
Commissioners to cause the same to be done, and to cause all the Costs
and Charges attending the same to be levied by Distress and Sale of the
Goods and Chattels of such Occupier, by Warrant under the Hand and Seal
of any Justice of the Peace for the County of Middlesex (which Warrant
such Justice is hereby required and authorized to grant), rendering the
Overplus (if any) when demanded to the Person whose Goods and Chattels
shall be so distrained and sold; and it the Tenant in Possession of any
such House or other Building shall remove, alter, or reform any such
Incroachments, Obstructions, Projections, or Annoyances as aforesaid,
according to the Directions of the said Commissioners (except such as
shall be put up or occasioned by such Tenant), it shall be lawful for
every such Tenant to deduct and retain the Charges and Expences thereof
out of his or her Rent, and the Landlord of every such House or other
Building is hereby required to allow the same accordingly: Provided
always, that nothing herein contained shall extend to authorize the said
Commissioners to stop up any Cellar Window, where there shall be no other
Way from the Street or other publick Passage or Place into such Cellar,
unless the said Commissioners shall make or provide some other commodious
and sufficient Way into such Cellar.

[Penalty on occasioning Nuisances.]

XIII. And be it further enacted, That if any Person shall run or drive
any Wheel, Sledge, Wheelbarrow, or any Carriage whatsoever, upon any of
the said Foot Pavements; or shall wilfully ride, drive, or lead any
Horse, or other Beast or Cattle, along or upon any of the said Foot
Pavements; or shall within any Street, or other publick Passage or Place
within the Limits of this Act, slaughter, dress, or cut up any Swine, or
other Beast, or hoop, cleanse, or scald any Cask, or hew or saw any
Stone, Wood, or Timber, or sift, skreen, or slack any Lime, or bind or
make the Wheel of any Carriage, or shoe, bleed, dress, or farry, or turn
or drive loose any Horse, or set, place, or expose to Sale any Goods,
Wares, or Merchandize, either on the Foot Ways or Carriage Ways of any of
the said Streets, or other publick Passages or Places, so as to obstruct
or incommode the Passage of any such Foot Way or Carriage Way, every
Person offending, in any of the Cases aforesaid, shall for every such
Offence forfeit and pay the Sum of Five Shillings.

[Penalty on leaving Carriages, &c. in the Streets.]

XIV. And be it further enacted, That if any Waggon, Cart, or other
Carriage, shall be left to stand or remain in any of the Streets, or
other publick Passages or Places, within the Limits of this Act, with or
without Horses or other Cattle, for any longer Time than shall be
necessary for the loading or unloading thereof; or if any Stage Coach,
Post Chaise, or other Carriage let to hire, shall be left to stand or
remain in any such Street, Passage, or Place, with or without Horses, for
any longer Time than shall be reasonable and necessary for taking up or
setting down the Passengers, or for loading or unloading their Baggage
(except in such Places as the said Commissioners shall appoint for the
Handing of Coaches, Chaises, or other Carriages, which the said
Commissioners are hereby authorized to do if they think proper); or if
any Horse or other Cattle shall be suffered to stand at the Door or House
of any Person so as to obstruct or incommode the Passage of any of the
said Footways; or if any Timber, Bricks, Stones, Dung, Wood, Goods or
other Things shall be said or placed and left to remain in any of the
said Streets, or other publick Passages or Places, for any longer Time
than shall be necessary for removing or housing the same; or if any
Ashes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance, shall be
thrown, cast, or laid in any of the said Streets, or other publick
Passages or Places, and suffered to remain for any longer Time than shall
be necessary for removing the same; then and in every such Case the Owner
or Driver of every such Carriage, and the Owner of such Timber or other
Things aforesaid, and the Person who shall throw, cast, or lay any Dung,
Ashes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance at aforesaid,
shall, for every such Offence, forfeit and pay the Sum of Five Shillings;
and if any such Timber or other Things, or such Dung, Ashes, Rubbish,
Dust, Dirt, or other Nuisance or Annoyance, shall be suffered to remain
in any of the said Streets or other publick Passages or Places, longer
than shall be necessary as aforesaid, the Surveyor to the said
Commissioners is hereby authorized and empowered to cause the same to be
removed to such Place as he shall think proper, and the Expence thereof
shall be paid by the Person liable to the Payment of the said Penalty,
and shall and may, in case of Nonpayment on Demand, be recovered in like
Manner as any Penalty is herein-after authorized or directed to be
recovered.

[Hoards, &c. may be erected.]

XV. Provided always, and be it further enacted, That nothing
herein-before contained shall hinder or prevent any Person from erecting
or building any Hoard, or other Thing by way of Inclosure, for the
Purpose of making Mortar, or depositing Bricks, or Stone, or working any
Lime, Sand, or other Materials used in Building, or to subject him to any
Penalty on account thereof, provided such Person shall have a Licence for
that Purpose, under the Hand of the Surveyor to the said Commissioners
(which Licence such Surveyor is hereby required forthwith to grant to any
Person applying for the same, and for which he shall receive the Sum of
One Shilling, and no more): Provided nevertheless, that if any Person
shall erect any such Hoard or Inclosure of greater Dimensions, or shall
suffer any Hoard or Inclosure to remain for any longer Time than shall be
allowed in and by such Licence, every Person so offending shall for every
such Offence forfeit and pay any Sum not exceeding Five Shillings for
every Day such Hoard or Inclosure, or any Part thereof, shall be
continued after Notice given by the Surveyor to take down and remove the
same.

[Watchman to be appointed.]

XVI. And be it further enacted, That the said Commissioners may, and are
hereby authorized and empowered, from Time to Time, to appoint such
Number of Watchmen, to be employed within the Limits of this Act, for so
long Time in the Night, under such Regulations, and for such Wages, as
they shall think proper, and to provide proper Boxes or Places for their
Reception, and also proper Arms and Weapons for the Discharge of their
Duty; and if any Watchman appointed as aforesaid shall refuse or neglect
to perform his Duty, or shall in anywise misbehave himself in the
Execution of his Office, he shall forfeit and pay, for every such
Offence, any Sum not exceeding Ten Shillings.

[Duty of Watchmen.]

XVII. And be it further enacted, That the Watchmen to be appointed and
employed as aforesaid shall, during the Time of their being upon Duty,
use their utmost Endeavours to prevent any Mischief by Fire, and also any
Burglaries, Robberies, Affrays, and other Outrages and Disorders, within
the Limits of this Act; and it shall be lawful for the said Watchmen, or
any of them, and they are hereby respectively authorized and required,
during the Time they are on Duty, to apprehend and secure all
Malefactors, Rogues, Vagabonds, and other disorderly Persons, within the
Limits of this Act, who shall disturb the publick Peace, or whom they
shall have Cause to suspect of any evil Design, and to secure and keep in
safe Custody every such Person, in order that he or she may be conveyed,
as soon as conveniently may be, before some Justice of the Peace for the
County of Middlesex, to be examined and dealt with according to Law;
and if any Person or Persons shall assault or resist, or shall promote or
encourage the assaulting or resisting, any of the said Watchmen in the
Execution of their Duty, every such Person shall, for every such Offence,
forfeit and pay any Sum not exceeding Five Pounds; and if any Victualler
or Keeper of any Publick House shall knowingly harbour or entertain any
Watchman employed within the Limits of this Act, or permit or suffer any
such Watchman to be and remain in his House during any Part of the Time
appointed for his being on Duty, every Victualler or Keeper of such
Publick House shall, for every such Offence, forfeit and pay any Sum not
exceeding Twenty Shillings.

[Power to water the Streets.]

XVIII. And, in order that the said Streets, and other publick Passages
and Places, may be properly watered, be it further enacted, That the said
Commissioners shall have full Power and Authority to cause such Number of
Wells and Pumps to be dug, sunk, and made, in any of the said Streets, or
other publick Passages or Places, as they shall think proper, and from
Time to Time to alter the same as they shall see Occasion; provided that
no such Well or Pump shall be sunk or made so as to injure any House or
other Building, or any Vault or Cellar under any of the said Streets, or
other publick Passages or Places: And it shall be lawful for the said
Commissioners, if they think proper, to agree with the Owner of any
private Ground, either within the Limits of this Act or elsewhere, or
with any Water Company, for supplying Water, or for sinking or making any
Wells or Pumps for the Purposes of this Act, at or for such Sum of Money
or annual Rent, as the said Commissioners shall judge reasonable.

[Annual Sum to be paid to the Surveyors of the Highways for the Parish, in
lieu of the Highway Rate.]

XIX. And whereas, previous to the erecting any Buildings upon the Ground
within the Limits of this Act, the same was rated and assessed to the
Repairs of the Highways, within the said Parish of Saint Luke Chelsea,
at or about the annual Sum of Four Pounds, be it therefore further
enacted, That the said Commissioners shall, and are hereby authorized and
required, out of the Money arising by virtue of this Act, to pay to the
Surveyors of the Highways for the said Parish of Saint Luke Chelsea, or
any of them, the Sum of Four Pounds upon the Twenty-ninth Day of
September in every Year, the First Payment thereof to be made upon the
Twenty-ninth Day of September One thousand seven hundred and ninety;
which annual Payment shall be in lieu and in full Satisfaction and
Discharge of and for all Statute Duty and Composition, or other Payment,
Charge, or Expence upon, for, or towards the repairing, or on Account of
any Defect in the Repairs of the Highways within any Part of the said
Parish of Saint Luke Chelsea, not being within the Limits of this Act;
and in case such annual Sum shall at any Time be in Arrear for the Space
of Thirty Days after the same shall become due and be demanded, the same
shall and may be recovered from the Treasurer to the said Commissioners,
in like Manner as any Penalty is herein-after authorized or directed to
be recovered.

[The Streets and Highways within the Limits of the act to be repaired distinct from the other Parts of the Parish.]

XX. And be it further enacted, That none of the Inhabitants of any
Streets, or other publick Passages or Places within the Limits of this
Act, shall be subject or liable to the Performance of any Statue Work, or
to the Payment of any Rate, Assessment, or Sum of Money, other than the
said annual Sum of Four Pounds, for or towards repairing, or on account
of any Defect in the Repairs of the Highways within any Part of the said
Parish of Saint Luke (not being within the Limits of this Act); and
that it shall not be lawful for any Surveyor of the Highways within the
said Parish to use or exercise any Power, Jurisdiction, or Authority
whatsoever, within the Limits of this Act; and that none of the
Inhabitants of any other Part of the said Parish of Saint Luke shall be
subject to the Performance of any Statute Duty, or to any Composition in
lieu thereof, or to any other Charge or Expence, for or towards the
repairing or amending, or on at count of any Street or Highway within the
Limits of this Act; any Law, Statute, or Custom to the contrary hereof
notwithstanding.

[Money to be raised by a Rate.]

XXI. And, for raising Money to enable the said Commissioners to carry
the several Purposes of this Act into Execution, be it further enacted,
That the said Commissioners shall, and are hereby authorized and
empowered, Once in every Year, between Lady Day and Midsummer Day, to
rate and assess such Sums of Money as they shall from Time to Time judge
necessary, upon the respective Occupiers of the several Houses, and other
Buildings, Lands, and Grounds, within the Limits of this Act, not
exceeding Two Shillings and Sixpence in the Pound of the annual Value of
such respective Houses and other Buildings, with the Gardens and Yards
hereunto belonging or held therewith, and not exceeding One Shilling in
the Pound of the annual Value of the other Lands or Grounds within the
said Limits; such respective annual Values to be ascertained by the
respective Sums the same shall be rated to the Relief of the Poor, or in
such other Manner as the said Commissioners shall think proper; and the
Full Year for which such Rates or Assessments shall be made shall
commence upon the Twenty-fourth Day of June One thousand seven hundred
and ninety; and the Money so rated and assessed shall from Time to Time
be paid to the Collectors to be appointed as aforesaid, at such Time or
Times in every Year, and in such Manner, as the said Commissioners shall
order and direct, and shall be paid over by such Collectors into the
Hands of the Treasurer to the said Commissioners.

[Empty Houses to be charged with Half Rates.]

XXII. Provided always, That where any of the said Houses or other
Buildings, after the same shall have been Once inhabited or occupied,
shall at the Time of making any of the said Rates or Assessments be empty
or unoccupied, then and in every such Case it shall be lawful for the
said Commissioners to rate and assess such Premises respectively at One
Half of such Rates or Assessments, and no more, during the Time only such
Premises shall be empty or unoccupied; and also in case any such
Premises, after the making of any such Rate or Assessment, shall become
empty or unoccupied, One Half only of such Rate or Assessment shall be
charged on such Premises respectively, for and during so long Time as the
same shall continue empty or unoccupied; and than and in every such Case
the said Rate or Assessment, and all Arrears due thereon, shall be paid
by the Person or Persons for the Time being entitled to such Premises, or
by the First or any other Tenant or Occupier thereof, and every such
Tenant or Occupier shall and may and is hereby authorized to deduct and
retain the same out of his or her Rent, and the Person or Persons for the
Time being entitled to such Premises is and are hereby required to allow
such Deduction; and that where any House, Building, Tenement, or
Hereditament, in respect whereof any Rate or Assessment shall be made as
aforesaid, shall be let to more than One Tenant, any One or more of such
Tenants shall be deemed the Occupier or Occupiers thereof for the
Purposes of this Act.

[Proportion of Rates to be paid by Persons removing.]

XXIII. Provided also, That in all Cases where any Person shall remove
from or quit any House, Building, Tenement, or Hereditament, which shall
be rated or assessed by virtue of this Act, such Person shall be liable
to such Rate or Assessment in Proportion to the Time that he or she
occupied the same; and in all Cases where any Person shall come into or
occupy any House, Building, Tenement, or Hereditament, rated or assessed
as aforesaid, out of or from which any other Person, who shall have been
rated or assessed for the same, shall be removed, or which at the Time of
making any Rate or Assessment was empty or unoccupied, the Person coming
into or occupying the same shall be liable to pay such Rate or Assessment
in respect thereof in Proportion to the Time that he or she occupied the
same; which said respective Proportions, in case of Dispute, shall be
settled and ascertained by the said Commissioners.

[Recovery of Rates.]

XXIV. And be it further enacted, That in case any Person who shall be
rated or assessed, or subject or liable to the Payment of any Rate or
Assessment by virtue of this Act, shall refuse or neglect to pay any such
Rate or Assessment to any Collector to be appointed as aforesaid, for the
Space of Ten Days after personal Demand thereof made, or Demand in
Writing left at the usual or last Place of Abode of such Person, it shall
be lawful for any Justice of the Peace for the County of Middlesex,
upon Proof made upon Oath of such Demand and Nonpayment, by Warrant under
his Hand and Seal, to authorize and direct the said Collector to levy
such Rate or Money so in Arrear, together with the Costs and Charges
attending the same, to be ascertained by such Justice, by Distress and
Sale of the Goods and Chattels of the Person so refusing or neglecting to
pay as aforesaid, rendering the Overplus (if any) to the Owner of such
Goods and Chattels, on Demand.

[Landlords to bear so much of the Rate as shall exceed 2s.]

XXV. Provided always, and be it further enacted, That whenever the said
Rates or Assessments shall in any Year exceed Two Shillings in the Pound
of the annual Value of the said Houses and other Buildings, and the
Gardens and Yards thereunto belonging, or held therewith as aforesaid, so
much of the said Rates or Assessments as shall exceed Two Shillings in
the Pound of the annual Value of such of the said Houses and other
Buildings, Gardens, and Yards, as shall be occupied by Tenants at Rack
Rent, or at the full improved annual Value, shall be borne by their
respective Landlords, and such respective Tenants shall and may, and are
hereby authorized to deduct and retain the same out of their respective
Rents, and their Landlords are hereby required to allow such Deduction.

[Commissioners may borrow Money, and assign the Rates as a Security.]

XXVI. And, for the more speedy raising Money for the Purposes of this
Act, be it further enacted, That it shall be lawful for the said
Commissioners, and they are hereby empowered from Time to Time to borrow
and take up at Interest any Sum or Sums of Money upon the Credit of the
Rates or Assessments herein before granted, and by Writing under their
Hands and Seals to mortgage or assign over the said Rates or Assessments,
to the Person or Persons who shall advance or lend such Money, or his or
their Trustee or Trustees, as a Security for the Money so to be borrowed,
together with the Interest for the same; and every such Assignment shall
be in the Words or to the Effect following, (videlicet).

Form of Assignment.

BY virtue of an Act of Parliament, made in the Thirtieth Year of the
Reign of King George the Third, intituled [set forth the Title of
the Act], we . . . . . . of the Commissioners appointed by virtue of
the said Act, in consideration of the Sum of . . . . . . advanced and
lent by A. B. to C. D. the Treasurer appointed in pursuance of
the said Act, upon the Credit, and for the Purposes of the said Act,
do grant and assign unto the said A. B. his Executors,
Administrators, and Assigns, such Proportion of the Rates or
Assessments arising by virtue of the said Act, at the said Sum of . .
. . . . doth or shall bear to the whole Sum which is or shall be
borrowed upon the Credit of the said Act, to be had and holden from
this . . . . . . Day of . . . . . . until the said Sum of . . . . . .
with Interest, at . . . . . . per Centum per Annum for the same, to
be paid half-yearly, shall be repaid and satisfied. In Witness
whereof we have hereunto set our Hands and Seals, this . . . . . .
Day of . . . . . .

And every such Assignment shall be good, valid, and effectual in the Law.

[Money may be raised by Annuities.]

XXVII. Provided always, That in case the said Commissioners shall think
it advisable to raise all or any Part of the Money necessary for the
Purposes of this Act by the granting of Annuities for Lives, then it
shall be lawful for the said Commissioners, and they are hereby
authorized and empowered, by Writing under their Hands and Seals, to
grant Annuities to any Person or Persons who shall contribute, advance,
and pay into the Hands of the Treasurer to the said Commissioners any Sum
or Sums of Money for the absolute Purchase of any Annuity, to be paid and
payable during the natural Life of every such Contributor, or the natural
Life of such Person as shall be nominated by or on the Behalf of such
Contributor at the Time of the Payment of his or her Contribution or
Purchase Money, and either with or without Benefit of Survivorship, as
the said Commissioners shall think proper, so that no such Annuity do
exceed the Rate of Ten Pounds for One hundred Pounds for a Year; and the
Grant of every such Annuity shall be in the Words or to the Effect
following; videlicet,

Form of Grant.

WE . . . . . . of the Commissioners appointed by or in pursuance of
an Act of Parliament, made in the Thirtieth Year of the Reign of King
George the Third, intituled, [set forth the Title of the Act], in
Consideration of the Sum of . . . . . . paid by A. B. to the
Treasurer appointed in pursuance of the said Act, do hereby grant
unto the said A. B. his Executors, Administrators, and Assigns, an
Annuity or yearly Sum of . . . . . . out of the Rates or Assessments
arising by virtue of the said Act; which Annuity or yearly Sum of
shall be paid to the said A. B. his Executors, Administrators, and
Assigns, at . . . . . . upon the . . . . . . in every Year during . .
. . . . and the First Payment thereof shall be made upon the . . . .
. . Day of . . . . . . next ensuing the Date of these Presents. In
Witness whereof we have hereunto for our Hands and Seals, the . . . .
. . Day of . . . . . . in the Year of our Lord . . . . . .

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

[Security may be transferred.]

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

Form of Transfer.

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

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

[Application of the Money.]

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

[Recovery of Penalties.]

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

[Inhabitants may give Evidence.]

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

[Appeal.]

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

[Limitation of Actions.]

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

[Publick Act.]

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

Source: Project Gutenberg.