[Preamble.]<\/p>\n
WHEREAS Henry Holland of the Parish of Saint Luke in Chelsea, in
\nthe County of Middlesex, Esquire, is intitled to a certain large Piece
\nof Ground in the said Parish, which he holds for a long Term of Years,
\nunder the Right Honourable Charles Sloane, Lord Cadogan, the Right
\nHonourable Welbore Ellis, and Christopher D\u2019Oyley Esquire; which said
\nGround lies on the South Side of the Town or Village of Knightsbridge,
\nand it fronting or pointing towards the North, partly on the High Road
\nleading through Knightsbridge aforesaid, partly on or near to the Yard
\nand Stables belonging to the Swan Inn in Knightsbridge, and Land of
\nWilliam Brown Esquire; and towards the South, on a certain Street
\ncalled White Lion Street, and Messuages and Lands belonging to James
\nLawrance, Joseph Newsham, and others; and bounded in Part on the East
\nby a Rivulet or Water Creek, encompassing great Part of the said Ground
\non the East Side thereof, and in other Part by the Lands belonging to
\nCharles Lowndes Esquire, and others; and towards the West on lands
\nbelonging to William Bushnell, and others, and contains by Estimation
\nEighty-nine Acres, or thereabouts; and the said Henry Holland hath
\ncaused a commodious Carnage Way or Street, called Sloane Street, to be
\nmade from Knightsbridge aforesaid, over or across the said Ground, and
\nseveral other Streets, publick Passages, and Places, have been and may
\nhereafter be set out and made upon the said Piece of Ground: And whereas
\nit would contribute to the Benefit and Safety of all Persons who now do
\nor may hereafter inhabit the said several Streets and other publick
\nPassages and Places, and to all Persons having Occasion to pass along the
\nsame, if Provision was made for forming and paving, or otherwise
\nrepairing and keeping in Repair, the same, and also for cleansing,
\nlighting, watching, and watering the said Streets and other publick
\nPassages and Places, and keeping the same free from all Nuisances,
\nAnnoyances, and Incroachments; but the several Purposes aforesaid cannot
\nbe effected without the Aid and Authority of Parliament: May it therefore
\nplease Your Majesty that it may be enacted; and be it enacted by the
\nKing\u2019s most Excellent Majesty, by and with the Advice and Consent of the
\nLords Spiritual and Temporal, and Commons, in this present Parliament
\nassembled, and by the Authority of the same, That every Person who now
\nis, and from Time to Time hereafter shall become, either in his own Right
\nor in the Right of his Wife, in the actual Possession and Enjoyment of
\nReceipt of the Rents and Profits of Lands, Tenements, or Hereditaments,
\nsituate within the Limits of this Act, of the clear yearly Value of
\nThirty Pounds, and also every Person who now is, and from Time to Time
\nhereafter shall be, a Lessee of a House, Tenement, or Land within the
\nLimits aforesaid, rated or liable to be rated, by virtue or for the
\nPurposes of this Act, at Thirty Pounds per Annum at the least, and also
\nevery Person who now is, and from Time to time hereafter shall be
\nresident within the Limits of this Act, and Occupier of a House,
\nTenement, or Land, rated or liable to be rated as aforesaid, and
\npossessed of a Personal Estate of the Amount or Value of Two thousand
\nPounds, shall be and are hereby appointed Commissioners for putting this
\nAct in Execution.<\/p>\n
[Qualification of Commissioners.]<\/p>\n
II. Provided always, That no Person shall be capable of acting as a
\nCommissioner in the Execution of this Act, except in administering the
\nOath herein-after mentioned (which Oath any One of the said Commissioners
\nis hereby empowered to administer), unless at the Time of his acting he
\nshall be qualified in Manner herein-before mentioned, and until such
\nPerson shall have taken and subscribed an Oath to the Effect following;
\n(that is to say),<\/p>\n
The Oath.<\/p>\n
\u2018I A. B. do swear, That I truly am in my own Right, or in the Right
\nof my Wife, in the actual Possession and Enjoyment, or Receipt of the
\nRents and Profits, of Lands, Tenements or Hereditaments, of the clear
\nyearly Value of Thirty Pounds [or that I am Lessee (or Occupier)
\nof a House, Tenement, or Land, rated or liable to be rated at Thirty
\nPounds per Annum at the least, by virtue or for the Purposes and]
\nwithin the Limits of an Act of Parliament, made in the Thirtieth Year
\nof the Reign of King George the Third, intituled, [Set forth the
\nTitle of the Act]; and [in the Case of such Occupier as aforesaid]
\nthat I am resident within the Limits aforesaid, and am possessed of a
\nPersonal Estate of the Amount or Value of Two thousand Pounds.<\/p>\n
\u2018So help me GOD.\u2019<\/p>\n
And if my Person, not being qualified as aforesaid, shall act as a
\nCommissioner in the Execution of this Act, he shall for every such
\nOffence forfeit and pay the Sum of Twenty Pounds to any Person who shall
\nsue for the same in any of His Majesty\u2019s Courts of Record, by Action of
\nDebt or on the Case; and the Person so prosecuted shall prove that he is
\nqualified as aforesaid, or otherwise shall pay the said Penalty, without
\nany other Proof or Evidence being given on the Part of the Plaintiff,
\nthan that such Person hath acted as a Commissioner in the Execution of
\nthis Act.<\/p>\n
[Meetings of the Commissioners.]<\/p>\n
III. And be it further enacted, That the said Commissioners shall meet
\nat the House known by the Sign of the Cadogan Arms, in Sloane Street
\naforesaid, on the Twenty-fourth Day of June One thousand seven hundred
\nand ninety, between Twelve and Two of the Clock, in order to put this Act
\nin Execution, and shall and may then, and from Time to Time afterwards
\nadjourn themselves to, and meet at the Place aforesaid, or any other
\nconvenient Place within the Limits of this Act; and if it shall at any
\nTime happen that there shall not appear at any such Meeting a sufficient
\nNumber of the said Commissioners to act, any One of the said
\nCommissioners, who shall then be present, may adjourn the Meeting to
\nanother Day; and in case of any Neglect or Omission to adjourn, any Three
\nof the said Commissioners, or their Clerk, shall and may call a Meeting
\nat the Place where the last Meeting of the Commissioners was appointed to
\nbe held, by Notice thereof to be given to the said Commissioners by
\nAdvertisement in some Newspapers published in London or Westminster,
\nat least Three Days before such Meeting; and that at all Meetings to be
\nheld in pursuance of this Act, the said Commissioners shall defray their
\nown Expences, and no Act of the said Commissioners shall be valid, unless
\nmade or done at some Meeting to be held by virtue of this Act (except the
\ncalling of Meetings as aforesaid); and that all the Powers and
\nAuthorities by this Act granted to or vested in the said Commissioners
\nshall and may, from Time to Time, be exercised by the major Part of them
\npresent at their respective Meetings to be holden as aforesaid, such
\nmajor Part not being less than Ten for the Purpose of borrowing Money or
\ngranting Annuities by virtue of this Act, and not being less than Five in
\nany other Case; and in all Cases where the Number of Votes upon any
\nQuestion shall be equal (including the Chairman\u2019s Vote), the Chairman
\nshall have the casting Vote.<\/p>\n
[Restriction as to revoking Orders.]<\/p>\n
IV. And be it further enacted, That no Order made by the said
\nCommissioners at any of their Meetings shall be revoked or altered,
\nunless at some Meeting to be held for that Purpose (of which Meeting
\nSeven Days Notice shall be given as aforesaid, expressing the Occasion of
\nsuch Meeting), and also unless a greater Number of Commissioners shall
\nattend at such Meeting to revoke or alter the same than were present when
\nsuch Order was made; any Thing in this Act contained to the contrary
\nhereof notwithstanding.<\/p>\n
[Proceedings of the Commissioners to be entered.]<\/p>\n
V. And be it further enacted, That regular Entries shall be made, in a
\nBook to be provided for that Purpose, of all the Acts, Orders, and
\nProceedings of the said Commissioners, and of the Names of the
\nCommissioners who shall be present at the respective Meetings; and One or
\nmore of the said Commissioners who shall be present shall subscribe his
\nor their Name or Names at the End of the Proceedings of the respective
\nMeetings; and all such Entries, being so signed, shall be deemed
\nOriginals, and shall be allowed to be read in Evidence in all Causes,
\nSuits, and Actions, touching any Thing done in pursuance of this Act; and
\nthat such Books shall, at all seasonable Times, be open to the Inspection
\nof all Persons rated or assessed for the Purposes of this Act.<\/p>\n
[Officers to be appointed.]<\/p>\n
VI. And be it further enacted, That the said Commissioners shall from
\nTime to Time, by Writing under their Hands, appoint a Treasurer, Clerk,
\nand Surveyor, and also a Collector of the Rates or Assessments to be made
\nas herein-after mentioned, and such other Officers and Persons as they
\nshall think necessary, and may remove any such Officers or other Persons
\nas they shall think proper, and appoint others in their Stead, and shall
\npay such Salaries, and make such Allowances, to all such Officers or
\nPersons, as the said Commissioners shall think reasonable; and the said
\nCommissioners are hereby required to take such Security from every such
\nTreasurer and Collector of the Rates as they shall think proper; and
\nevery such Treasurer and Collector shall, under their respective Hands
\n(at such Time or Times and in such Manner as the said Commissioners shall
\ndirect), deliver to the said Commissioners, or to such Person as they
\nshall appoint, a true and perfect Account in Writing of all Money which
\nshall have been by him received by virtue and for the Purposes of this
\nAct, and how much thereof hath been paid and disbursed, and for what
\nPurposes, together with the proper Vouchers for such Payments, and shall
\npay all such Money as shall remain in his Hands to such Person as the
\nsaid Commissioners shall direct; and every such Treasurer and Collector
\nso accounting shall, upon Oath (if thereunto required by the said
\nCommissioners, which Oath any One of the said Commissioners is hereby
\nempowered to administer), verify such Account; and if any such Treasurer
\nor Collector shall not make and render, or shall neglect or refuse to
\nverify upon Oath, any such Account, or to produce or deliver up the
\nVouchers relating to the same, or to make Payment as aforesaid, or in
\ncase the Clerk to the said Commissioners, or any such Treasurer or
\nCollector, shall not deliver to the said Commissioners, or to such Person
\nas they shall appoint, within Fourteen Days next after being thereunto
\nrequired by Notice in Writing signed by the said Commissioners, and given
\nto or left at the last or usual Place of Abode of such Treasurer, Clerk,
\nor Collector, all Books, Papers, and Writings in his Custody or Power,
\nrelating to the Execution of this Act, or give Satisfaction to the said
\nCommissioners respecting the same, and Complaint shall be made thereof,
\non the Behalf of the said Commissioners, to any Justice of the Peace for
\nthe County of Middlesex, such Justice is hereby authorized and
\nrequired, by Warrant under his Hand and Seal, to cause such Treasurer,
\nClerk, or Collector to be brought before him, and upon his appearing, or
\nnot being to be found, to hear and determine the Matter of such Complaint
\nin a summary Way; and if, upon the Confession of the Party, or by the
\nTestimony of any credible Witness upon Oath (which Oath such Justice is
\nhereby empowered to administer), it shall appear to such Justice that any
\nof the Monies, which shall have been collected and raised by virtue of
\nthis Act, shall be in the Hands of any such Treasurer or Collector, such
\nJustice is hereby authorized and required, upon Nonpayment thereof, by
\nWarrant under his Hand and Seal, to cause such Money to be levied by
\nDistress and Sale of the Goods and Chattels of such Person; and if no
\nsuch Goods or Chattels can be found sufficient to answer and satisfy the
\nsaid Money, and the Charges of distraining and selling the same, or if it
\nshall in Manner aforesaid appear to such Justice that any such Treasurer
\nor Collector hath refused or neglected to render and give such Account,
\nor to verify the same as aforesaid, or to produce the Vouchers relating
\nthereto, or that any Books, Papers, or Writings relating to the Execution
\nof this Act shall be in the Custody or Power of any such Treasurer,
\nClerk, or Collector, and he shall have refused or neglected to deliver or
\ngive Satisfaction respecting the same as aforesaid, then such Justice
\nshall commit him to the Common Gaol or House of Correction, there to
\nremain, without Bail or Mainprize, until such Person, being Treasurer or
\nCollector, shall make and give a true and perfect Account, and have paid
\nsuch Money as aforesaid, or shall have compounded for such Money with the
\nsaid Commissioners, and have paid such Composition in such Manner as they
\nshall appoint (which Composition the said Commissioners are hereby
\nempowered to make and receive), or until such Person, being Treasurer,
\nClerk, or Collector, shall deliver up all such Books, Papers, and
\nWritings as aforesaid; but no Person, who shall be committed on account
\nof his not having sufficient Goods or Chattels as aforesaid, shall be
\ndetained in Prison for any longer Term than Six Calendar Months.<\/p>\n
[Property of Pavements, &c. vested in Commissioners.]<\/p>\n
VII. And be it further enacted, That the Property of and in all the
\nPavements of the Carriage Ways and Foot Ways, and also all the Ballast or
\nGravel within the several Streets, and other publick Passages and Places,
\nalready or hereafter to be set out or made upon the Ground held by the
\nsaid Henry Holland as aforesaid (and which Ground shall be deemed and
\nconsidered to be the Limits of this Act, and shall be called Hans
\nTown), and of and in all Lamps, Lamp Irons, Posts, Watchboxes, Pumps,
\nand Wells, which now are and which shall be sunk, erected, or affixed,
\nand all Materials, Implements, and other Things, which shall be purchased
\nor gotten by virtue or for any of the Purposes of this Act, are hereby
\nvested in the said Commissioners, and they are hereby empowered to cause
\nan Action to be brought, in the Name of their Clerk, or to cause to be
\npreferred any Indictment against any Person who shall steal, take, or
\ncarry away, injure, or destroy, any Part or Parts thereof.<\/p>\n
[Commissioners to cause the Streets to be repaired, &c.]<\/p>\n
VIII. And be it further enacted, That it shall be lawful for the said
\nCommissioners, and they are hereby authorized and empowered, from Time to
\nTime, to cause the several Streets, and other publick Passages and
\nPlaces, already or hereafter to be set out or made, within the Limits of
\nthis Act, or such of them as they shall judge expedient, both in the
\nCarriage and Foot Ways, to be repaired and altered, and such Foot Ways,
\nand (if they think fit) the Whole or any Part of any such Carriage Ways,
\nto be paved in such Manner, and with such Sorts and Kinds of Materials,
\nas they shall judge necessary or proper; and also to cause the said
\nStreets, and other publick Passages and Places, to be cleansed, lighted,
\nwatched, and watered, and the Sides thereof, and also the Middle of any
\nSquares which are or shall be made or set out, to be fenced or inclosed
\nwith Iron or other Rails, in such Parts and Places, and in such Manner,
\nas the said Commissioners shall think proper, and all Incroachments,
\nObstructions, Nuisances, and Annoyances therein to be removed, and
\nDrains, Sinks, Gutters, or Watercourses to be made, for conveying the
\nWater off and from the said Streets, and other publick Passages and
\nPlaces, in such Manner as they shall think proper; and that no Person
\nshall, without the Consent of the said Commissioners, alter the Form, or
\nbreak up the Ground or Pavement of the Carriage Ways or Foot Ways within
\nany of the said Streets, or other publick Passages or Places, or do the
\nsame otherwise than shall be directed by said Commissioners, upon the
\nPain of forfeiting the Sum of Twenty Shillings for every Offence.<\/p>\n
[Inhabitants to form, &c. the Streets, in the first Instance.]<\/p>\n
IX. Provided always, and be it further enacted, That the Carriage Ways
\nwithin all such new Streets, and other publick Passages and Places, which
\nare in Part set out and made, or which shall hereafter be set out or
\nmade, within the Limits of this Act, shall be levelled, formed, and
\ncovered with Gravel, not less than Six Inches Thick, and the Foot Ways
\npaved in the whole Front of the respective Houses, Buildings, and
\nTenements, by and at the Expence of the respective Persons who for the
\nTime being shall be entitled to such Houses, Buildings and Tenements,
\notherwise than as Tenants at Rack Rent, in such Manner as the said
\nCommissioners shall, by Writing under their Hands, order and direct; or
\nthe Persons entitled as aforesaid to such Houses, Buildings, or
\nTenements, shall and may compound with the said Commissioners for the
\ndoing such Works, at or for such Sum of Money, to be paid in Advance to
\nthe Treasurer to the said Commissioners, as the said Commissioners, and
\nthe Persons entitled as aforesaid, shall agree upon, and in such Case the
\nWork, in respect whereof such Composition shall be so agreed upon, shall
\nbe done and performed by the said Commissioners; and after such Work
\nshall be completed, every such Street, or other publick Passage or Place,
\nshall be repaired or altered, and may be paved by the said Commissioners
\nin like Manner as herein-before directed with respect to any Street, or
\nother publick Passage or Place, already set out or made within the Limits
\naforesaid; but if the Persons entitled as aforesaid to any such Houses,
\nBuildings, or Tenements, shall not, within Three Months after being
\nthereunto required by Writing under the Hands of the said Commissioners,
\ndo or perform their respective Proportions of such Work, or compound with
\nthe said Commissioners in respect thereof, and pay the Composition Money
\nin Advance as aforesaid, then such Work shall be done by the said
\nCommissioners, and the Expence thereof shall be borne and defrayed, and
\nshall be paid to the Treasurer to the said Commissioners by the
\nrespective Persons not doing or performing such Work, or compounding for
\nthe same as aforesaid; and in case of Nonpayment thereof upon Demand, or
\nif the Person or Persons liable to the Payment of such Expences cannot be
\nmet with, or shall be under any Disability of acting for himself or
\nherself, then it shall be lawful for the said Commissioners by virtue of
\na Warrant for that Purpose under the Hands of any Two Justices of the
\nPeace for the County of Middlesex, to enter upon and take Possession of
\nany House or other Building in Front of which such Work shall be done and
\nperformed, and to let or set the same, and receive the Rents and Profits
\nthereof, until thereby or therewith such Expences, and all Charges
\nattending the Recovery thereof, shall be fully paid and satisfied.<\/p>\n
[Lamps to be set up.]<\/p>\n
X. And be it further enacted, That it shall be lawful for the said
\nCommissioners, and they are hereby empowered, from Time to Time, to cause
\nsuch Lamp Irons or Lamp Posts to be put or affixed upon or against the
\nWalls or Pallisades of any of the Houses, Tenements, or Buildings, or in
\nsuch other Manner, within the said Streets and other publick Passages and
\nPlaces, as they shall think proper; and also to cause such Number of
\nLamps, of such Sizes and Sorts, to be provided and affixed, or put upon
\nsuch Lamp Irons and Lamp Posts, as they shall think necessary for
\nlighting all or any of the said Streets, and other publick Passages and
\nPlaces, and the said Lamps, and also the several Houses within the said
\nrespective Streets, and other publick Passages and Places, to be
\nnumbered; and if any Person shall wilfully break, throw down, take away,
\nspoil, or damage any such Lamps, or any of the Irons, Posts, or other
\nFurniture thereof, or wilfully extinguish the Light of any such Lamp, or
\ndeface or obliterate any such Number, every Person so offending shall,
\nfor every such Offence, forfeit and pay any Sum not exceeding Twenty
\nShillings, whereof One Moiety shall go to the Informer, and such Offender
\nshall also pay to the said Commissioners, or to such Person as they shall
\nappoint to receive the same, such Sum of Money as shall be a full
\nSatisfaction for the Damage so done; and in case any Person shall
\ncarelessly, negligently, or accidentally break, throw down, or otherwise
\nspoil or damage any of the said Lamps, or the Irons, Posts, or other
\nFurniture thereof, and shall not, upon Demand, make Satisfaction for the
\nDamage done thereto, it shall be lawful for any Justice of the Peace for
\nthe County of Middlesex, upon Proof thereof made by the Oath of any
\ncredible Witness, or on the Confession of the Party, to award such Sum of
\nMoney, by way of Satisfaction for such Damage, as such Justice shall
\nthink reasonable, and in Default of Payment thereof, upon Demand, to
\ncause the same to be levied by Distress and Sale of the Goods and
\nChattels of the Person who shall have done such Damage, rendering the
\nOverplus (if any) after deducting the Charges of prosecuting such
\nComplaint, and of such Distress and Sale, to the Owner of such Goods and
\nChattels, upon Demand.<\/p>\n
[Commissioners may contract for performing the Works.]<\/p>\n
XI. And be it further enacted, That the said Commissioners may from Time
\nto Time, if they think proper, contract and agree with any Person or
\nPersons for the doing and performing all or any of the Works by this Act
\nauthorized or directed to be done and performed; and in case any of the
\nWorks to be done and performed by any such Contractor shall not be well
\nand sufficiently done and performed according to such Contract, the said
\nCommissioners may cause an Action to be brought, in any of His Majesty\u2019s
\nCourts of Law at Westminster, in the Name of their Clerk, against any
\nsuch Contractor for any Penalty contained in his Contract; and on Proof
\nof the signing of the said Contract, and Nonperformance thereof, the said
\nCommissioners shall be entitled to, and shall recover the Penalty
\ncontained in such Contract: Provided always, that it shall be lawful for
\nthe said Commissioners (if they think fit) to compound and agree with any
\nContractor for any Penalty incurred by him, for the Breach or
\nNonperformance of any such Contract, for such Sum of Money as the said
\nCommissioners shall think proper, not being less than the Injury or
\nDamage sustained by the Breach or Nonperformance of such Contract, and of
\nall Costs, Charges, and Expences which shall be occasioned thereby.<\/p>\n
[Incroachments to be removed.]<\/p>\n
XII. And be it further enacted, That the respective Occupiers of Houses
\nand other Buildings within the several Streets, and other publick
\nPassages and Places aforesaid, shall, at their own Costs and Charges,
\nwithin such Time and in such Manner as the said Commissioners shall from
\nTime to Time (by Notice in Writing under their Hands, to be delivered to
\nsuch respective Occupiers, or left at their respective Dwelling Houses)
\norder and direct, cause all Signs belonging to, and which shall not be
\nfixed or placed flat upon such respective Houses or other Buildings, to
\nbe taken down, and fixed or placed flat on the Fronts thereof; and all
\nSign Irons, Sign Posts, and other Posts, Penthouses, Spouts, Steps, Shop
\nWindows and Cellar Windows, and other Incroachments, Obstructions,
\nProjections, and Annoyances, which now or hereafter shall belong to such
\nrespective Houses or other Buildings, and which are or shall be
\nincommodious to Foot Passengers, to be removed, altered, or reformed, and
\nalso to cause the Water to be conveyed from the Roofs, Cornices, and
\nPenthouses of or belonging to such respective Houses or other Buildings,
\nby proper and sufficient Pipes or Trunks, to be affixed to the Sides of
\nsuch Houses and other Buildings respectively, and from thence by proper
\nDrains into the common Drains or Sewers; and in case any such Occupier
\nshall neglect or refuse so to do, it shall be lawful for the
\nCommissioners to cause the same to be done, and to cause all the Costs
\nand Charges attending the same to be levied by Distress and Sale of the
\nGoods and Chattels of such Occupier, by Warrant under the Hand and Seal
\nof any Justice of the Peace for the County of Middlesex (which Warrant
\nsuch Justice is hereby required and authorized to grant), rendering the
\nOverplus (if any) when demanded to the Person whose Goods and Chattels
\nshall be so distrained and sold; and it the Tenant in Possession of any
\nsuch House or other Building shall remove, alter, or reform any such
\nIncroachments, Obstructions, Projections, or Annoyances as aforesaid,
\naccording to the Directions of the said Commissioners (except such as
\nshall be put up or occasioned by such Tenant), it shall be lawful for
\nevery such Tenant to deduct and retain the Charges and Expences thereof
\nout of his or her Rent, and the Landlord of every such House or other
\nBuilding is hereby required to allow the same accordingly: Provided
\nalways, that nothing herein contained shall extend to authorize the said
\nCommissioners to stop up any Cellar Window, where there shall be no other
\nWay from the Street or other publick Passage or Place into such Cellar,
\nunless the said Commissioners shall make or provide some other commodious
\nand sufficient Way into such Cellar.<\/p>\n
[Penalty on occasioning Nuisances.]<\/p>\n
XIII. And be it further enacted, That if any Person shall run or drive
\nany Wheel, Sledge, Wheelbarrow, or any Carriage whatsoever, upon any of
\nthe said Foot Pavements; or shall wilfully ride, drive, or lead any
\nHorse, or other Beast or Cattle, along or upon any of the said Foot
\nPavements; or shall within any Street, or other publick Passage or Place
\nwithin the Limits of this Act, slaughter, dress, or cut up any Swine, or
\nother Beast, or hoop, cleanse, or scald any Cask, or hew or saw any
\nStone, Wood, or Timber, or sift, skreen, or slack any Lime, or bind or
\nmake the Wheel of any Carriage, or shoe, bleed, dress, or farry, or turn
\nor drive loose any Horse, or set, place, or expose to Sale any Goods,
\nWares, or Merchandize, either on the Foot Ways or Carriage Ways of any of
\nthe said Streets, or other publick Passages or Places, so as to obstruct
\nor incommode the Passage of any such Foot Way or Carriage Way, every
\nPerson offending, in any of the Cases aforesaid, shall for every such
\nOffence forfeit and pay the Sum of Five Shillings.<\/p>\n
[Penalty on leaving Carriages, &c. in the Streets.]<\/p>\n
XIV. And be it further enacted, That if any Waggon, Cart, or other
\nCarriage, shall be left to stand or remain in any of the Streets, or
\nother publick Passages or Places, within the Limits of this Act, with or
\nwithout Horses or other Cattle, for any longer Time than shall be
\nnecessary for the loading or unloading thereof; or if any Stage Coach,
\nPost Chaise, or other Carriage let to hire, shall be left to stand or
\nremain in any such Street, Passage, or Place, with or without Horses, for
\nany longer Time than shall be reasonable and necessary for taking up or
\nsetting down the Passengers, or for loading or unloading their Baggage
\n(except in such Places as the said Commissioners shall appoint for the
\nHanding of Coaches, Chaises, or other Carriages, which the said
\nCommissioners are hereby authorized to do if they think proper); or if
\nany Horse or other Cattle shall be suffered to stand at the Door or House
\nof any Person so as to obstruct or incommode the Passage of any of the
\nsaid Footways; or if any Timber, Bricks, Stones, Dung, Wood, Goods or
\nother Things shall be said or placed and left to remain in any of the
\nsaid Streets, or other publick Passages or Places, for any longer Time
\nthan shall be necessary for removing or housing the same; or if any
\nAshes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance, shall be
\nthrown, cast, or laid in any of the said Streets, or other publick
\nPassages or Places, and suffered to remain for any longer Time than shall
\nbe necessary for removing the same; then and in every such Case the Owner
\nor Driver of every such Carriage, and the Owner of such Timber or other
\nThings aforesaid, and the Person who shall throw, cast, or lay any Dung,
\nAshes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance at aforesaid,
\nshall, for every such Offence, forfeit and pay the Sum of Five Shillings;
\nand if any such Timber or other Things, or such Dung, Ashes, Rubbish,
\nDust, Dirt, or other Nuisance or Annoyance, shall be suffered to remain
\nin any of the said Streets or other publick Passages or Places, longer
\nthan shall be necessary as aforesaid, the Surveyor to the said
\nCommissioners is hereby authorized and empowered to cause the same to be
\nremoved to such Place as he shall think proper, and the Expence thereof
\nshall be paid by the Person liable to the Payment of the said Penalty,
\nand shall and may, in case of Nonpayment on Demand, be recovered in like
\nManner as any Penalty is herein-after authorized or directed to be
\nrecovered.<\/p>\n
[Hoards, &c. may be erected.]<\/p>\n
XV. Provided always, and be it further enacted, That nothing
\nherein-before contained shall hinder or prevent any Person from erecting
\nor building any Hoard, or other Thing by way of Inclosure, for the
\nPurpose of making Mortar, or depositing Bricks, or Stone, or working any
\nLime, Sand, or other Materials used in Building, or to subject him to any
\nPenalty on account thereof, provided such Person shall have a Licence for
\nthat Purpose, under the Hand of the Surveyor to the said Commissioners
\n(which Licence such Surveyor is hereby required forthwith to grant to any
\nPerson applying for the same, and for which he shall receive the Sum of
\nOne Shilling, and no more): Provided nevertheless, that if any Person
\nshall erect any such Hoard or Inclosure of greater Dimensions, or shall
\nsuffer any Hoard or Inclosure to remain for any longer Time than shall be
\nallowed in and by such Licence, every Person so offending shall for every
\nsuch Offence forfeit and pay any Sum not exceeding Five Shillings for
\nevery Day such Hoard or Inclosure, or any Part thereof, shall be
\ncontinued after Notice given by the Surveyor to take down and remove the
\nsame.<\/p>\n
[Watchman to be appointed.]<\/p>\n
XVI. And be it further enacted, That the said Commissioners may, and are
\nhereby authorized and empowered, from Time to Time, to appoint such
\nNumber of Watchmen, to be employed within the Limits of this Act, for so
\nlong Time in the Night, under such Regulations, and for such Wages, as
\nthey shall think proper, and to provide proper Boxes or Places for their
\nReception, and also proper Arms and Weapons for the Discharge of their
\nDuty; and if any Watchman appointed as aforesaid shall refuse or neglect
\nto perform his Duty, or shall in anywise misbehave himself in the
\nExecution of his Office, he shall forfeit and pay, for every such
\nOffence, any Sum not exceeding Ten Shillings.<\/p>\n
[Duty of Watchmen.]<\/p>\n
XVII. And be it further enacted, That the Watchmen to be appointed and
\nemployed as aforesaid shall, during the Time of their being upon Duty,
\nuse their utmost Endeavours to prevent any Mischief by Fire, and also any
\nBurglaries, Robberies, Affrays, and other Outrages and Disorders, within
\nthe Limits of this Act; and it shall be lawful for the said Watchmen, or
\nany of them, and they are hereby respectively authorized and required,
\nduring the Time they are on Duty, to apprehend and secure all
\nMalefactors, Rogues, Vagabonds, and other disorderly Persons, within the
\nLimits of this Act, who shall disturb the publick Peace, or whom they
\nshall have Cause to suspect of any evil Design, and to secure and keep in
\nsafe Custody every such Person, in order that he or she may be conveyed,
\nas soon as conveniently may be, before some Justice of the Peace for the
\nCounty of Middlesex, to be examined and dealt with according to Law;
\nand if any Person or Persons shall assault or resist, or shall promote or
\nencourage the assaulting or resisting, any of the said Watchmen in the
\nExecution of their Duty, every such Person shall, for every such Offence,
\nforfeit and pay any Sum not exceeding Five Pounds; and if any Victualler
\nor Keeper of any Publick House shall knowingly harbour or entertain any
\nWatchman employed within the Limits of this Act, or permit or suffer any
\nsuch Watchman to be and remain in his House during any Part of the Time
\nappointed for his being on Duty, every Victualler or Keeper of such
\nPublick House shall, for every such Offence, forfeit and pay any Sum not
\nexceeding Twenty Shillings.<\/p>\n
[Power to water the Streets.]<\/p>\n
XVIII. And, in order that the said Streets, and other publick Passages
\nand Places, may be properly watered, be it further enacted, That the said
\nCommissioners shall have full Power and Authority to cause such Number of
\nWells and Pumps to be dug, sunk, and made, in any of the said Streets, or
\nother publick Passages or Places, as they shall think proper, and from
\nTime to Time to alter the same as they shall see Occasion; provided that
\nno such Well or Pump shall be sunk or made so as to injure any House or
\nother Building, or any Vault or Cellar under any of the said Streets, or
\nother publick Passages or Places: And it shall be lawful for the said
\nCommissioners, if they think proper, to agree with the Owner of any
\nprivate Ground, either within the Limits of this Act or elsewhere, or
\nwith any Water Company, for supplying Water, or for sinking or making any
\nWells or Pumps for the Purposes of this Act, at or for such Sum of Money
\nor annual Rent, as the said Commissioners shall judge reasonable.<\/p>\n
[Annual Sum to be paid to the Surveyors of the Highways for the Parish, in
\nlieu of the Highway Rate.]<\/p>\n
XIX. And whereas, previous to the erecting any Buildings upon the Ground
\nwithin the Limits of this Act, the same was rated and assessed to the
\nRepairs of the Highways, within the said Parish of Saint Luke Chelsea,
\nat or about the annual Sum of Four Pounds, be it therefore further
\nenacted, That the said Commissioners shall, and are hereby authorized and
\nrequired, out of the Money arising by virtue of this Act, to pay to the
\nSurveyors of the Highways for the said Parish of Saint Luke Chelsea, or
\nany of them, the Sum of Four Pounds upon the Twenty-ninth Day of
\nSeptember in every Year, the First Payment thereof to be made upon the
\nTwenty-ninth Day of September One thousand seven hundred and ninety;
\nwhich annual Payment shall be in lieu and in full Satisfaction and
\nDischarge of and for all Statute Duty and Composition, or other Payment,
\nCharge, or Expence upon, for, or towards the repairing, or on Account of
\nany Defect in the Repairs of the Highways within any Part of the said
\nParish of Saint Luke Chelsea, not being within the Limits of this Act;
\nand in case such annual Sum shall at any Time be in Arrear for the Space
\nof Thirty Days after the same shall become due and be demanded, the same
\nshall and may be recovered from the Treasurer to the said Commissioners,
\nin like Manner as any Penalty is herein-after authorized or directed to
\nbe recovered.<\/p>\n
[The Streets and Highways within the Limits of the act to be repaired distinct from the other Parts of the Parish.]<\/p>\n
XX. And be it further enacted, That none of the Inhabitants of any
\nStreets, or other publick Passages or Places within the Limits of this
\nAct, shall be subject or liable to the Performance of any Statue Work, or
\nto the Payment of any Rate, Assessment, or Sum of Money, other than the
\nsaid annual Sum of Four Pounds, for or towards repairing, or on account
\nof any Defect in the Repairs of the Highways within any Part of the said
\nParish of Saint Luke (not being within the Limits of this Act); and
\nthat it shall not be lawful for any Surveyor of the Highways within the
\nsaid Parish to use or exercise any Power, Jurisdiction, or Authority
\nwhatsoever, within the Limits of this Act; and that none of the
\nInhabitants of any other Part of the said Parish of Saint Luke shall be
\nsubject to the Performance of any Statute Duty, or to any Composition in
\nlieu thereof, or to any other Charge or Expence, for or towards the
\nrepairing or amending, or on at count of any Street or Highway within the
\nLimits of this Act; any Law, Statute, or Custom to the contrary hereof
\nnotwithstanding.<\/p>\n
[Money to be raised by a Rate.]<\/p>\n
XXI. And, for raising Money to enable the said Commissioners to carry
\nthe several Purposes of this Act into Execution, be it further enacted,
\nThat the said Commissioners shall, and are hereby authorized and
\nempowered, Once in every Year, between Lady Day and Midsummer Day, to
\nrate and assess such Sums of Money as they shall from Time to Time judge
\nnecessary, upon the respective Occupiers of the several Houses, and other
\nBuildings, Lands, and Grounds, within the Limits of this Act, not
\nexceeding Two Shillings and Sixpence in the Pound of the annual Value of
\nsuch respective Houses and other Buildings, with the Gardens and Yards
\nhereunto belonging or held therewith, and not exceeding One Shilling in
\nthe Pound of the annual Value of the other Lands or Grounds within the
\nsaid Limits; such respective annual Values to be ascertained by the
\nrespective Sums the same shall be rated to the Relief of the Poor, or in
\nsuch other Manner as the said Commissioners shall think proper; and the
\nFull Year for which such Rates or Assessments shall be made shall
\ncommence upon the Twenty-fourth Day of June One thousand seven hundred
\nand ninety; and the Money so rated and assessed shall from Time to Time
\nbe paid to the Collectors to be appointed as aforesaid, at such Time or
\nTimes in every Year, and in such Manner, as the said Commissioners shall
\norder and direct, and shall be paid over by such Collectors into the
\nHands of the Treasurer to the said Commissioners.<\/p>\n
[Empty Houses to be charged with Half Rates.]<\/p>\n
XXII. Provided always, That where any of the said Houses or other
\nBuildings, after the same shall have been Once inhabited or occupied,
\nshall at the Time of making any of the said Rates or Assessments be empty
\nor unoccupied, then and in every such Case it shall be lawful for the
\nsaid Commissioners to rate and assess such Premises respectively at One
\nHalf of such Rates or Assessments, and no more, during the Time only such
\nPremises shall be empty or unoccupied; and also in case any such
\nPremises, after the making of any such Rate or Assessment, shall become
\nempty or unoccupied, One Half only of such Rate or Assessment shall be
\ncharged on such Premises respectively, for and during so long Time as the
\nsame shall continue empty or unoccupied; and than and in every such Case
\nthe said Rate or Assessment, and all Arrears due thereon, shall be paid
\nby the Person or Persons for the Time being entitled to such Premises, or
\nby the First or any other Tenant or Occupier thereof, and every such
\nTenant or Occupier shall and may and is hereby authorized to deduct and
\nretain the same out of his or her Rent, and the Person or Persons for the
\nTime being entitled to such Premises is and are hereby required to allow
\nsuch Deduction; and that where any House, Building, Tenement, or
\nHereditament, in respect whereof any Rate or Assessment shall be made as
\naforesaid, shall be let to more than One Tenant, any One or more of such
\nTenants shall be deemed the Occupier or Occupiers thereof for the
\nPurposes of this Act.<\/p>\n
[Proportion of Rates to be paid by Persons removing.]<\/p>\n
XXIII. Provided also, That in all Cases where any Person shall remove
\nfrom or quit any House, Building, Tenement, or Hereditament, which shall
\nbe rated or assessed by virtue of this Act, such Person shall be liable
\nto such Rate or Assessment in Proportion to the Time that he or she
\noccupied the same; and in all Cases where any Person shall come into or
\noccupy any House, Building, Tenement, or Hereditament, rated or assessed
\nas aforesaid, out of or from which any other Person, who shall have been
\nrated or assessed for the same, shall be removed, or which at the Time of
\nmaking any Rate or Assessment was empty or unoccupied, the Person coming
\ninto or occupying the same shall be liable to pay such Rate or Assessment
\nin respect thereof in Proportion to the Time that he or she occupied the
\nsame; which said respective Proportions, in case of Dispute, shall be
\nsettled and ascertained by the said Commissioners.<\/p>\n
[Recovery of Rates.]<\/p>\n
XXIV. And be it further enacted, That in case any Person who shall be
\nrated or assessed, or subject or liable to the Payment of any Rate or
\nAssessment by virtue of this Act, shall refuse or neglect to pay any such
\nRate or Assessment to any Collector to be appointed as aforesaid, for the
\nSpace of Ten Days after personal Demand thereof made, or Demand in
\nWriting left at the usual or last Place of Abode of such Person, it shall
\nbe lawful for any Justice of the Peace for the County of Middlesex,
\nupon Proof made upon Oath of such Demand and Nonpayment, by Warrant under
\nhis Hand and Seal, to authorize and direct the said Collector to levy
\nsuch Rate or Money so in Arrear, together with the Costs and Charges
\nattending the same, to be ascertained by such Justice, by Distress and
\nSale of the Goods and Chattels of the Person so refusing or neglecting to
\npay as aforesaid, rendering the Overplus (if any) to the Owner of such
\nGoods and Chattels, on Demand.<\/p>\n
[Landlords to bear so much of the Rate as shall exceed 2s.]<\/p>\n
XXV. Provided always, and be it further enacted, That whenever the said
\nRates or Assessments shall in any Year exceed Two Shillings in the Pound
\nof the annual Value of the said Houses and other Buildings, and the
\nGardens and Yards thereunto belonging, or held therewith as aforesaid, so
\nmuch of the said Rates or Assessments as shall exceed Two Shillings in
\nthe Pound of the annual Value of such of the said Houses and other
\nBuildings, Gardens, and Yards, as shall be occupied by Tenants at Rack
\nRent, or at the full improved annual Value, shall be borne by their
\nrespective Landlords, and such respective Tenants shall and may, and are
\nhereby authorized to deduct and retain the same out of their respective
\nRents, and their Landlords are hereby required to allow such Deduction.<\/p>\n
[Commissioners may borrow Money, and assign the Rates as a Security.]<\/p>\n
XXVI. And, for the more speedy raising Money for the Purposes of this
\nAct, be it further enacted, That it shall be lawful for the said
\nCommissioners, and they are hereby empowered from Time to Time to borrow
\nand take up at Interest any Sum or Sums of Money upon the Credit of the
\nRates or Assessments herein before granted, and by Writing under their
\nHands and Seals to mortgage or assign over the said Rates or Assessments,
\nto the Person or Persons who shall advance or lend such Money, or his or
\ntheir Trustee or Trustees, as a Security for the Money so to be borrowed,
\ntogether with the Interest for the same; and every such Assignment shall
\nbe in the Words or to the Effect following, (videlicet).<\/p>\n
Form of Assignment.<\/p>\n
BY virtue of an Act of Parliament, made in the Thirtieth Year of the
\nReign of King George the Third, intituled [set forth the Title of
\nthe Act], we . . . . . . of the Commissioners appointed by virtue of
\nthe said Act, in consideration of the Sum of . . . . . . advanced and
\nlent by A. B. to C. D. the Treasurer appointed in pursuance of
\nthe said Act, upon the Credit, and for the Purposes of the said Act,
\ndo grant and assign unto the said A. B. his Executors,
\nAdministrators, and Assigns, such Proportion of the Rates or
\nAssessments arising by virtue of the said Act, at the said Sum of . .
\n. . . . doth or shall bear to the whole Sum which is or shall be
\nborrowed upon the Credit of the said Act, to be had and holden from
\nthis . . . . . . Day of . . . . . . until the said Sum of . . . . . .
\nwith Interest, at . . . . . . per Centum per Annum for the same, to
\nbe paid half-yearly, shall be repaid and satisfied. In Witness
\nwhereof we have hereunto set our Hands and Seals, this . . . . . .
\nDay of . . . . . .<\/p>\n
And every such Assignment shall be good, valid, and effectual in the Law.<\/p>\n
[Money may be raised by Annuities.]<\/p>\n
XXVII. Provided always, That in case the said Commissioners shall think
\nit advisable to raise all or any Part of the Money necessary for the
\nPurposes of this Act by the granting of Annuities for Lives, then it
\nshall be lawful for the said Commissioners, and they are hereby
\nauthorized and empowered, by Writing under their Hands and Seals, to
\ngrant Annuities to any Person or Persons who shall contribute, advance,
\nand pay into the Hands of the Treasurer to the said Commissioners any Sum
\nor Sums of Money for the absolute Purchase of any Annuity, to be paid and
\npayable during the natural Life of every such Contributor, or the natural
\nLife of such Person as shall be nominated by or on the Behalf of such
\nContributor at the Time of the Payment of his or her Contribution or
\nPurchase Money, and either with or without Benefit of Survivorship, as
\nthe said Commissioners shall think proper, so that no such Annuity do
\nexceed the Rate of Ten Pounds for One hundred Pounds for a Year; and the
\nGrant of every such Annuity shall be in the Words or to the Effect
\nfollowing; videlicet,<\/p>\n
Form of Grant.<\/p>\n
WE . . . . . . of the Commissioners appointed by or in pursuance of
\nan Act of Parliament, made in the Thirtieth Year of the Reign of King
\nGeorge the Third, intituled, [set forth the Title of the Act], in
\nConsideration of the Sum of . . . . . . paid by A. B. to the
\nTreasurer appointed in pursuance of the said Act, do hereby grant
\nunto the said A. B. his Executors, Administrators, and Assigns, an
\nAnnuity or yearly Sum of . . . . . . out of the Rates or Assessments
\narising by virtue of the said Act; which Annuity or yearly Sum of
\nshall be paid to the said A. B. his Executors, Administrators, and
\nAssigns, at . . . . . . upon the . . . . . . in every Year during . .
\n. . . . and the First Payment thereof shall be made upon the . . . .
\n. . Day of . . . . . . next ensuing the Date of these Presents. In
\nWitness whereof we have hereunto for our Hands and Seals, the . . . .
\n. . Day of . . . . . . in the Year of our Lord . . . . . .<\/p>\n
And every such Grant shall be good, valid, and effectual in the Law; and
\nevery Annuity so to be granted as afore said shall be, and is hereby
\ncharged upon, and shall be payable and paid, free from all Taxes and
\nDeductions, out of the said Rates or Assessments: Provided nevertheless,
\nthat no greater Sum in the Whole than Ten thousand Pounds shall be raised
\nby Loan or Mortgage, and by the Sale or granting of Annuities as
\naforesaid; and that, before any such Money shall be borrowed, or Annuity
\ngranted, fourteen Days Notice at the least shall be given in some
\nNewspaper published in London or Westminster, signifying the
\nIntention of borrowing such Money, or granting such Annuities.<\/p>\n
[Security may be transferred.]<\/p>\n
XXVIII. And be it further enacted, That it shall be lawful for the
\nPersons entitled to any of the Securities for the Money borrowed, or for
\nthe Annuities granted as aforesaid, by Writing under their Hands and
\nSeals indorsed thereon, to transfer the same to any Person or Persons in
\nthe Words or to the Effect following:<\/p>\n
Form of Transfer.<\/p>\n
I A. B. do hereby assign the within Mortgage [or Grant of
\nAnnuity], and all my Right and Title in and to the Principal Money
\nand Interest [or Annuity, and all Arrears now due thereon] thereby
\nsecured, unto C. D. his Executors Administrators, and Assigns.
\nDated the . . . . . . Day of . . . . . .<\/p>\n
And Entries or Memorials of all Mortgages or Assignments, and Grants of
\nAnnuities, which shall be made in pursuance of this Act, and of all
\nTransfers thereof, expressing in Words at Length the Names, Additions,
\nPlaces of Abode, and other proper Descriptions of all such Persons as
\nshall from Time to Time be entitled to the Principal Money and Interest,
\nor the Annuities thereby respectively secured, shall be entered in a
\nBook, to be kept for that Purpose, by the Clerk to the said
\nCommissioners, to which Book any Person interested shall, at all
\nseasonable Times, have Access, and shall have free Liberty to inspect the
\nsame, without Fee or Reward; and for the Entry of every such Assignment
\nthe said Clerk shall be paid Two Shillings and Sixpence, and no more; and
\nevery such Transfer shall entitle the Person or Persons, to whom the same
\nshall be made, and his, her, or their Executors, Administrators, and
\nAssigns, to the Benefit of the Security thereby transferred; and all
\nPersons to whom such Mortgages or Assignments, or Grants of Annuity,
\nshall be made, or who shall be entitled to the Money thereby secured,
\nshall be, in Proportion to the Sums therein respectively mentioned.
\nCreditors on the said Rates or Assessments equally one with another,
\nwithout any Preference in respect to the Priority of advancing such
\nMoney, or the Dates of any such Mortgages or Assignments, or Grants of
\nAnnuity.<\/p>\n
[Application of the Money.]<\/p>\n
XXIX. And be it further enacted, That all the Money to arise by or from
\nthe said Rates or Assessments, and which may be borrowed or advanced for
\nthe Purchase of any Annuities on the Credit or Security thereof, shall be
\napplied, in the first Place, in paying and discharging the Expences
\nattending the obtaining and passing this Act, and afterwards from Time to
\nTime in paying the Interest of the principal Money to be borrowed, and
\nthe Annuities to be granted as aforesaid, and in defraying the Expences
\nof paving, repairing, cleansing, lighting, watching, and watering the
\nsaid several Streets, and other publick Passages and Places, and of
\ncarrying this Act into Execution, and in paying off the said principal
\nMoney, in such Manner as the said Commissioners shall think proper.<\/p>\n
[Recovery of Penalties.]<\/p>\n
XXX. And be it further enacted, That all Penalties and Forfeitures by
\nthis Act imposed (the Manner of recovering whereof is not hereby
\notherwise directed) shall be levied and recovered by Distress and Sale of
\nthe Goods and Chattels of the Offender or Offenders, by Warrant under the
\nHand and Seal of any Justice of the Peace for the County or Place wherein
\nthe Offender or Offenders shall be or reside (which Warrant such Justice
\nis hereby empowered to grant, upon the Confession of the Party, or upon
\nthe Information of any credible Witness upon Oath), and such Penalties
\nand Forfeitures shall (if not directed to be otherwise applied by this
\nAct) be paid to the Treasurer to the said Commissioners, and applied for
\nthe Purposes of this Act; and in case sufficient Distress shall not be
\nfound, or such Penalties or Forfeitures shall not be forthwith paid, such
\nJustice is hereby authorized and required, by Warrant under his Hand and
\nSeal, to cause the Offender or Offenders to be committed to the common
\nGaol, or House of Correction, there to remain without Bail or Mainprize,
\nfor any Time not exceeding Three Calendar Months, unless such Penalties
\nor Forfeitures, and all reasonable Charges attending the Recovery
\nthereof, shall be sooner paid and satisfied.<\/p>\n
[Inhabitants may give Evidence.]<\/p>\n
XXXI. And be it further enacted, That in all Actions Prosecutions,
\nInformations, Causes, and Proceedings whatsoever, relating to or
\nconcerning the Execution of this Act, any Inhabitant residing within the
\nLimits of this Act shall be admitted and allowed to give Evidence,
\nnotwithstanding such Inhabitant shall be charged with, and liable to pay
\nany Rate or Assessment by virtue of this Act.<\/p>\n
[Appeal.]<\/p>\n
XXXII. Provided always, and be it further enacted, That if any Person
\nshall think himself or herself aggrieved by any Rate or Assessment which
\nshall be made in pursuance of this Act, he or she may apply to the said
\nCommissioners, at their First Meeting to be holden after the Expiration
\nof Five Days after the demanding of such Rate or Assessment; and the said
\nCommissioners are hereby authorized and empowered, if they shall think
\nsuch Person aggrieved, to give such Relief in the Premises as to them
\nshall seem reasonable; and if any such Person shall be dissatisfied with
\nthe Determination of the said Commissioners therein, or if any Person
\nshall think himself or herself aggrieved by any other Matter or Thing to
\nbe done in pursuance of this Act, every such Person may appeal to the
\nJustices at any General or Quarter Session of the Peace to be holden for
\nthe County of Middlesex, within Four Calendar Months next after the
\nCause of Complaint shall have arisen, such Appellant first giving
\nFourteen Days Notice at the least in Writing of his or her Intention to
\nbring such Appeal, and of the Matter thereof, to the Clerk to the said
\nCommissioners, and within Five Days after such Notice entering into a
\nRecognizance before some Justice of the Peace for the said County, with
\nTwo sufficient Sureties, conditioned to try such Appeal, and abide the
\nOrder of, and to pay such Costs as shall be awarded by, the Justices at
\nsuch Sessions, and the Justices at such Sessions shall hear and finally
\ndetermine the Cause and Matter of such Appeal in a summary Way, and award
\nsuch Costs to the Party appealing or appealed against, as they shall
\nthink proper; and their Determination therein shall be final, binding,
\nand conclusive to all Parties, and to all Intents and Purposes.<\/p>\n
[Limitation of Actions.]<\/p>\n
XXXIII. And be it further enacted, That no Action or Suit shall be
\ncommenced against any Person, for any Thing to be done in pursuance of
\nthis Act, until Thirty-one Days Notice thereof shall be given to the
\nClerk to the said Commissioners, or after sufficient Satisfaction, or
\nTender thereof, hath been made to the Party aggrieved, or after Three
\nCalendar Months next after the Fact committed; and every such Action or
\nSuit shall be brought and tried in the County of Middlesex, and not
\nelsewhere; and the Defendant in every such Action or Suit shall and may
\nplead the General Issue, and give this Act and the special Matter in
\nEvidence at any Trial to be had thereupon, and that the same was done in
\npursuance and by the Authority of this Act; and if the same shall appear
\nto be so done, or if such Action or Suit shall be brought before
\nThirty-one Days Notice thereof shall be given as aforesaid, or after a
\nsufficient Satisfaction shall be made or tendered as aforesaid, or after
\nthe Time herein-before limited for bringing the same, or shall be brought
\nin any other County or Place than as aforesaid, then the Jury shall find
\nfor the Defendant; and upon such Verdict, or if the Plaintiff shall
\nbecome Nonsuit, or discontinue his or her Action or Suit after the
\nDefendant shall appear, or if upon Demurrer Judgement shall be given
\nagainst the Plaintiff, then the Defendant shall recover Treble Costs, and
\nhave such Remedy for the same as any Defendant hath for Costs of Suit in
\nOther Cases of Law.<\/p>\n
[Publick Act.]<\/p>\n
XXXIV. And be it further enacted, That this Act shall be deemed,
\nadjudged, and taken to be a Publick Act; and shall be judicially taken
\nNotice of as such by all Judges, Justices, and other Persons whomsoever,
\nwithout specially pleading the same.<\/p>\n