{"id":2403,"date":"2021-09-01T13:37:44","date_gmt":"2021-09-01T13:37:44","guid":{"rendered":"https:\/\/statutes.org.uk\/site\/?page_id=2403"},"modified":"2023-12-09T09:14:32","modified_gmt":"2023-12-09T09:14:32","slug":"1803-43-george-3-local-act-11-amending-hans-town-chelsea-maintenance-act","status":"publish","type":"page","link":"https:\/\/statutes.org.uk\/site\/the-statutes\/private-local-personal-acts\/1803-43-george-3-local-act-11-amending-hans-town-chelsea-maintenance-act\/","title":{"rendered":"1803: 43 George 3 local act 11:  Amending Hans Town, Chelsea Maintenance Act"},"content":{"rendered":"<h3>1803: 43 George 3, local act 11: An Act for amending, altering, and enlarging the Powers of an Act, passed in the Thirtieth Year of the Reign of His present Majesty, intituled, An Act for forming and keeping in Repair the Streets, and other publick Passages and Places within a certain District in the Parish of Saint Luke, Chelsea, in the County of Middlesex, called Hans Town, and for otherwise improving the same.<\/h3>\n<p>[24th March 1803.]<\/p>\n<p>WHEREAS by an Act, made in the Thirtieth Year of the Reign of His present<br \/>\nMajesty, instituled, An Act for forming and keeping in Repair the<br \/>\nStreets, and other publick Passages and Places, within a certain<br \/>\nDistrict in the Parish of Saint Luke, in the County of Middlesex,<br \/>\ncalled Hans Town, and for otherwise improving the same, certain<br \/>\nPowers were given and granted to the Commissioners of the said District<br \/>\nfor the several Purposes in the said recited Act mentioned and contained:<br \/>\nAnd whereas the Commissioners of the said District, acting under the said<br \/>\nAct, have proceeded in the Execution thereof to the great Benefit of the<br \/>\nsaid District, and of the Publick at large; but that, in order more<br \/>\neffectually to carry the Purposes of the said Act into Execution, it is<br \/>\nexpedient that the Powers thereof should be amended, altered, and<br \/>\nenlarged: May it therefore please Your Majesty that it may be enacted;<br \/>\nand be it enacted by the King\u2019s most Excellent Majesty, by and with the<br \/>\nAdvice and Consent of the Lords Spiritual and Temporal, and Commons, in<br \/>\nthis present Parliament assembled, and by the Authority of the same,<br \/>\nThat, from and after the Commencement of this Act, it shall and may be<br \/>\nlawful for the Commissioners of the said District to nominate and appoint<br \/>\nany Person or Persons, and to purchase any Number of Carts and Horses for<br \/>\nthe Purpose of cleansing the Streets, and other publick Passages and<br \/>\nPlaces within the Limits of the said District, and of carrying away the<br \/>\nDust, Dirt, Cinders, or Ashes from any House or Houses, or other Premises<br \/>\nwithin the same, or to contract with any Person or Persons for so doing.<\/p>\n<p>[Contractors to bring proper Carriages into the Streets, and to give Notice of their Approach.]<\/p>\n<p>II. And be it further enacted, That the Person or Persons employed by or<br \/>\ncontracting with the said Commissioners for cleansing the said Streets,<br \/>\nand other publick Passages and Places as aforesaid, or those employed<br \/>\nunder such Contractor or Contractors, shall Twice in every Week or<br \/>\noftener, bring or cause to be brought Carts or other proper Carriages<br \/>\ninto all the Streets, and other publick Passages and Places as aforesaid,<br \/>\nwhere such Carts or Carriages can pass, and at or before their Approach,<br \/>\nby sound of Bell, or with an audible and distinct Voice, give Notice to<br \/>\nthe Inhabitants of their coming, and give the like Notice in every Court,<br \/>\nAlley, or Place into which the said Carts or Carriages cannot pass.<\/p>\n<p>[Penalty on Persons collecting Dust, etc. who are not authorized to do so.]<\/p>\n<p>III. And be it further enacted, That if any Person or Persons other than<br \/>\nthe Person or Persons so employed by or contracting with the said<br \/>\nCommissioners for cleansing the Streets, and other publick Passages and<br \/>\nPlaces, under their Direction, or those employed under such Contractor or<br \/>\nContractors, shall, on any Pretence whatsoever, go about to collect or<br \/>\ngather, or shall ask for, receive, or carry away any Dust, Dirt, Cinders,<br \/>\nor Ashes, from any House or other Premises within the Limits aforesaid,<br \/>\nit shall and may be lawful to and for any Justice of the Peace for the<br \/>\nsaid County of Middlesex, upon Complaint to him made, to grant a<br \/>\nWarrant to bring before him such Offender or Offenders, at the Time and<br \/>\nPlace as in such Warrant shall be specified, or for any Person or Persons<br \/>\nwho shall see such Offence committed to seize, and also for any other<br \/>\nPerson or Persons to assist in seizing the Offender or Offenders,<br \/>\ntogether with the Horses, Asses, Cattle, Carts, Trucks, Wheelbarrows, or<br \/>\nother Carriages or Implements made use of for carrying away the same, and<br \/>\nby the Authority of this Act, and without any other Warrant to convey<br \/>\nhim, her, or them before such Justice, and such Justice shall, and he is<br \/>\nhereby authorized and required, to examine upon Oath, the Person or<br \/>\nPersons apprehending such Offender or Offenders, or any Witness or<br \/>\nWitnesses who shall appear to give Information touching such Offence; and<br \/>\nif the Party or Parties shall be convicted of going about to collect or<br \/>\ngather, asking for, receiving, or carrying away any Dust, Dirt, Cinders,<br \/>\nor Ashes from any House or other Premises within the Limits aforesaid,<br \/>\nnot being the Person or Persons so employed by or contracting with the<br \/>\nsaid Commissioners, or acting under his or then Authority, he, she or<br \/>\nthey shall respectively, for the First Offence, forfeit and pay the Sum<br \/>\nof Ten Shillings, for the Second Offence the Sum of Twenty Shillings, and<br \/>\nfor the Third and every subsequent Offence the sum of Forty Shillings;<br \/>\nand One Moiety of every such Penalty shall be paid to the Informer or<br \/>\nInformers, or to the Person or Persons who shall apprehend the Offender<br \/>\nor Offender, and the other Moiety to the Purposes of the said recited Act<br \/>\nand this Act; and if such Offender or Offenders shall not immediately on<br \/>\nConviction pay the said Penalty or Penalties, such Justice is hereby<br \/>\nrequired to direct such Horses, Asses, Cattle, Carts, Trucks,<br \/>\nWheelbarrows, or other Carriages or Implements which shall have been so<br \/>\nseized, to be appraised and sold, and after deducting out of the Monies<br \/>\nto arise by such Sale the Penalty or Penalties incurred, together with<br \/>\nthe reasonable Charges and Expences of such Distress and Sale, the<br \/>\nOverplus thereof shall be returned to the Party or Parties whose Horses<br \/>\nor other Things shall be appraised and sold; and in case there shall have<br \/>\nbeen no such Seizure as aforesaid, or if the Horses, Asses, Cattle, or<br \/>\nother Things which shall be so appraised and sold, shall not produce a<br \/>\nsufficient Sum of Money to pay the said Penalty or Penalties Charges and<br \/>\nExpences, then if such Offender or Offenders shall not immediately upon<br \/>\nConviction pay the said Penalty or Penalties, or such Part or Parts of<br \/>\nthe said Penalty or Penalties, Charges and Expences, which shall remain<br \/>\nover and above the Produce of the Horses, Assess Cattle, and other Things<br \/>\nso seized and sold, then such Justice is hereby required to commit such<br \/>\nOffender or Offenders to the Common Gaol or House of Correction for the<br \/>\nsaid County of Middlesex, there to be kept to hard Labour for any Term<br \/>\nnot exceeding Thirty Days, nor less than Ten Days, unless such Penalty or<br \/>\nPenalties, or such Part or Parts thereof as aforesaid, shall be sooner<br \/>\npaid and satisfied.<\/p>\n<p>[Carriage Ways of the Streets to be covered with Gravel, etc.]<\/p>\n<p>IV. And be it further enacted, That it shall and may be lawful to and<br \/>\nfor the said Commissioners to direct all and every Person and Persons,<br \/>\nwho are by the said recited Act required to level, form, and cover with<br \/>\nGravel, not less than Six Inches thick, the Carriage Ways of all such<br \/>\nStreets, and other publick Passages and Places, within the said District,<br \/>\nin the First Place properly and effectually to fill up the same; and also<br \/>\nto direct all and every Person and Persons, who are required to pave the<br \/>\nFoot Ways in the whole Front of their respective Houses, Buildings, and<br \/>\nTenements, to set up and erect proper and sufficient Posts, at such<br \/>\nDistances and in such Manner, as the said Commissioners shall order and<br \/>\ndirect.<\/p>\n<p>[Lessees of Ground to compound for forming Carriage Ways, etc.]<\/p>\n<p>V. And whereas there are and may be several Pieces or Parcels of Ground<br \/>\nwithin the Streets, and other publick Passages and Places, already or<br \/>\nhereafter to be set out or made within the said District, unbuilt upon,<br \/>\nthe Carriage and Foot Ways to and in the Fronts whereof are neither<br \/>\nfilled up, levelled, formed, covered with Gravel, or paved, nor Posts set<br \/>\nup and erected, and it would be a Means of forwarding the good Purposes<br \/>\nof the said recited Act and this Act, if Builders or others, who by Law<br \/>\nare liable to fill up, level, form over with Gravel, and pave the same,<br \/>\nwere to compound with the said Commissioners; be it therefore further<br \/>\nenacted, That it shall and may be lawful to and for the said<br \/>\nCommissioners, or any Three or more of them, to view and inspect all<br \/>\nStreets, and other publick Passages and Places, already or hereafter to<br \/>\nbe set out or made within the said District; and if upon such View they<br \/>\nshall be of Opinion that the same, or any Part or Parts thereof, is or<br \/>\nare fit and proper for the Area or Fence Walls abutting thereon to be<br \/>\nBuilt, and the Carriage and Foot Ways to be filled up, levelled, formed,<br \/>\ncovered with Gravel, or paved, or Posts to be set up and erected, the<br \/>\nsaid Commissioners, or any Three or more of then, at any Meeting to be<br \/>\nheld in pursuance of the said recited Act, after such View, shall and may<br \/>\norder their Surveyor or Surveyors, or other Person or Persons by them<br \/>\nappointed for that Purpose, to give Notice to the Lessee or Lessees of<br \/>\nall and every such Lands or Grounds, or leave the same at his, her, or<br \/>\ntheir last or usual Place of Abode, or with his, her, or their known<br \/>\nServant or Servants, or if no such Lessee or Lessees can be found, then<br \/>\nsuch Notice shall be stuck against the said Premises, or any Part<br \/>\nthereof, which Notice shall require such Lessee or Lessees to meet the<br \/>\nsaid Commissioners, or any Three or more of them, at the Time and Place<br \/>\nto be therein mentioned (not being less than Six Days from the Date of<br \/>\nsuch Notice), to compound for building such Area or Fence Walls, and for<br \/>\nfilling up, levelling, forming, and covering the Carriage Ways with<br \/>\nGravel, not less than Six Inches thick, and paving the Foot Ways in the<br \/>\nwhole Front thereof, and for setting up and erecting Posts; and if such<br \/>\nLessee or Lessees shall not attend, or shall not compound and agree with<br \/>\nthe said Commissioners, or any Three or more of them as aforesaid, then<br \/>\nit shall and may be lawful to and for the said Commissioners, or any<br \/>\nThree or more of them, to order the said Area or Fence Walls to be built,<br \/>\nthe said Carriage and Foot Ways to be filled up, levelled, formed,<br \/>\ncovered with Gravel, and paved, and Posts to be set up and erected<br \/>\nforthwith, or as soon as conveniently may be, and all the Charges and<br \/>\nExpences attending the building such Walls, filling up, levelling,<br \/>\nforming, covering with Gravel, and paving and setting up and erecting<br \/>\nPosts, shall be paid by the respective Lessee or Lessees, and shall be<br \/>\nrecovered and levied by Distress and Sale of their Goods and Chattels, in<br \/>\nthe same Manner at the Rates and Assessments said by virtue of the said<br \/>\nrecited Act are therein directed to be levied and recovered.<\/p>\n<p>[Publick Buildings and Dead Walls to be rated.]<\/p>\n<p>VI. And for as much as it is reasonable that all publick Buildings and<br \/>\nall dead Walls and void Spaces of Ground within the said District should<br \/>\nbe rated and assessed in a due Proportion for the several Purposes of the<br \/>\nsaid recited Act and this Act, be it therefore further enacted, That it<br \/>\nshall and may be lawful to and for the said Commissioners at their<br \/>\nDiscretion, and they are hereby required from Time to Time to rate and<br \/>\nassess towards the Purposes of the said recited Act and this Act, all<br \/>\nChapels, Meeting Houses, Markets, Warehouses, and all other publick<br \/>\nBuildings whatsoever, within the said District, which now is, or are, or<br \/>\nhereafter may be built, and which are not charged in respect of any<br \/>\nDwelling House by the Pound Rate, or otherwise by virtue of the said<br \/>\nrecited Act, at a Rate not exceeding Two Shillings in the Pound,<br \/>\naccording to the Directions of the said recited Act, and where the annual<br \/>\nValue cannot be fully ascertained, then and in either of the said Cases<br \/>\nthe same shall be charged and assessed at a Rate not exceeding Nine-pence<br \/>\nper Square Yard in any One Year of the Pavement and Road paved,<br \/>\ngravelled, or repaired, and not exceeding One Shilling per Square Yard<br \/>\nof the Foot Way and Carriage Way paved, lighted, and watched, repaired,<br \/>\nand gravelled, under the Direction of the said Commissioners, and<br \/>\nsituate, lying, and bring in any of the said Streets or other publick<br \/>\nPassages and Places, and belonging to or lying before such Chapel,<br \/>\nMeeting House, Warehouse, or other publick Building; and the said<br \/>\nCommissioners shall also at their Discretion, yearly or oftener (if<br \/>\nneedful), assess all Burying Grounds, dead Walls (except such dead Walls<br \/>\nas are situate in the Return of Streets; and all Garden Walls bounding or<br \/>\nabutting on any Mews or Lanes), and void Spaces of Ground, towards the<br \/>\nPurposes aforesaid, and which are not charged in respect of any Dwelling<br \/>\nHouse or other Building by the Pound Rate, or otherwise, by virtue of the<br \/>\nsaid recited Act, so that in the Whole such Rate or Assessment shall not<br \/>\nin any One Year exceed the Sum of Nine-pence for every Square yard of<br \/>\nPavement and Road paved, gravelled, or repaired, nor the Sum of One<br \/>\nShilling for every Square Yard of Foot Way and Carriage Way paved,<br \/>\nlighted, and watched, repaired, and gravelled, under the Direction of the<br \/>\nsaid Commissioners, situate as aforesaid, or belonging to or lying before<br \/>\nsuch Burying Grounds, dead Walls, or void Spaces of Ground; and all Rates<br \/>\nand Assessments to be made and paid for all such Burying Grounds,<br \/>\nChapels, Meeting Houses, Markets, Warehouses, or other publick Buildings,<br \/>\ndead Walls, or void Spaces of Ground respectively, shall be paid by the<br \/>\nrespective Owner or Owners, Lessee or Lessees, Occupier or Occupiers<br \/>\nthereof, and shall be charged and chargeable on the said Premises, and be<br \/>\nrecovered and applied in such Manner as other Rates and Assessments are<br \/>\ndirected to be recovered and applied by the said recited Act.<\/p>\n<p>[Occupiers of Houses to cleanse the Foot Ways Once a Day.]<\/p>\n<p>VII. And be it further enacted, That every Occupier of every House or<br \/>\nTenement within the said District, and in respect to Inmates, every House<br \/>\nOwner shall, Once in every Day, between the Hours of Eight and Ten of the<br \/>\nClock in the Forenoon of each Day, scrape, sweep, and cleanse the Foot<br \/>\nWay all along the Front of their respective Houses and Tenements, or<br \/>\ncause the same to be scraped, swept, and cleansed, and in Default thereof<br \/>\nshall, for every such Offence, forfeit and pay the Sum of Five Shillings,<br \/>\nto be levied by Warrant under the Hand and Seal of any Justice of the<br \/>\nPeace for the said County of Middlesex, upon the Oath of Two or more<br \/>\ncredible Witnesses; which Oath such Justice is hereby required and<br \/>\nempowered to administer.<\/p>\n<p>[Penalty on Persons digging Earth, or leaving Holes in the Streets.]<\/p>\n<p>VIII. And be it further enacted, That if any Person or Persons<br \/>\nwhomsoever shall dig any Earth, or leave any Hole in and Street, or other<br \/>\npublick Passage or Place, before any House or Tenement built or in<br \/>\nbuilding within the said District, for the Purpose of making Vaults, or<br \/>\nany other Purposes whatsoever, and shall not inclose the same in a good<br \/>\nand sufficient Manner, to be approved of by the Surveyor or Surveyors to<br \/>\nthe said Commissioners; or if any such Person or Persons shall keep up<br \/>\nsuch Inclosure longer than the said Commissioners shall think absolutely<br \/>\nnecessary, or shall not well and sufficiently fence or rail before the<br \/>\nArea or Areas fronting to any Street, or publick Passage or Place, every<br \/>\nPerson or Persons guilty of any of the Offences aforesaid, shall forfeit<br \/>\nand pay the Sum of Twenty Shillings, and the Sum of Forty shillings for<br \/>\nevery Week that such Nuisance shall be continued.<\/p>\n<p>[Penalty on beating Carpets, etc. in the Streets.]<\/p>\n<p>IX. And be it further enacted, That if any Person or Persons shall<br \/>\nwithin any Street, or other publick Passage or Place already or hereafter<br \/>\nto be set out or made within the said District, beat or dust any Carpet<br \/>\nor Carpets, or drive any Carriage or Carriages for the Purpose of<br \/>\nbreaking Horses, or ride, lead, or drive any Horse for the Purpose of<br \/>\nexercising or airing such Horse, (otherwise than by passing through such<br \/>\nStreet, or other publick Passage or Place), then and in every such Case<br \/>\nit shall and may be lawful to and for any Justice of the Peace for the<br \/>\nsaid County of Middlesex, upon Complaint to him made by One or more<br \/>\ncredible Witness or Witnesses, to issue a Warrant, requiring such<br \/>\nOffender or Offenders to appear before him, at such Time and Place as<br \/>\nshall be in such Warrant specified; and every such Offender or Offenders<br \/>\nshall for every such Offence, being thereof duly convicted upon the Oath<br \/>\nof any credible Witness or Witnesses, (which Oath such Justice is hereby<br \/>\nauthorized and required to administer), forfeit and pay any Sum not<br \/>\nexceeding Forty Shillings nor less than Five Shillings; and in case the<br \/>\nPerson who shall beat or dust such Carpet or Carpets, or drive such<br \/>\nCarriage or Carriages for the Purpose of breaking Horses, or ride, lead,<br \/>\nor drive any Horse for the Purpose of exercising or airing such Horse,<br \/>\n(otherwise than as aforesaid) cannot be apprehended, that then a like<br \/>\nPenalty of Forty Shillings nor less than Five Shillings shall be<br \/>\nforfeited by the Owner of such Carpet or Carpets, Carriage or Carriages,<br \/>\nor Horse or Horses.<\/p>\n<p>[Penalty on driving Carriages, or riding or leading Horses, etc. on the Foot Pavements.]<\/p>\n<p>X. And be it further enacted, That if any Person or persons shall run,<br \/>\ndrive, or draw, or cause to be run, driven, or drawn, on any of the Foot<br \/>\nPavements within any of the Streets, or other publick Passages and<br \/>\nPlaces, within the said District, any Wheel or Wheels, Sledge,<br \/>\nWheelbarrow, Truck, or any Carnage whatsoever, or shall wilfully ride,<br \/>\nlead, or drive any Horse, Cow, Ass, or other Cattle, Coach, or other<br \/>\nCarriage whatsoever, upon any Part of the said Foot Pavements, then and<br \/>\nin any such Case, it shall and may be lawful to and for any Justice of<br \/>\nthe Peace for the said County of Middlesex, upon Complaint to him made<br \/>\nby One or more credible Witness or Witnesses, to issue a Warrant,<br \/>\nrequiring such Offender or Offenders to appear before him at such Time<br \/>\nand Place as shall be in such Warrant specified; and it shall and may be<br \/>\nlawful to and for any Person or Persons who shall see such Offence<br \/>\ncommitted to seize, and also for any other Person or Persons to assist in<br \/>\nseizing the Offender or Offenders, and they are hereby required so to do<br \/>\nby the Authority of this Act, and without any other Warrant to convey and<br \/>\ndeliver him, her, or them into the Custody of a Peace Officer, in order<br \/>\nto be secured and conveyed before such Justice of the Peace; and the<br \/>\nParty or Parties accused being so brought before such Justice, such<br \/>\nJustice shall proceed to examine upon Oath any Witness or Witnesses who<br \/>\nshall appear or be produced to give Information touching such Offence,<br \/>\n(which Oath the said Justice is hereby authorized and required to<br \/>\nadminister); and if the Party or Parties accused shall be convicted of<br \/>\nsuch Offence, either by his, her, or their own Confession, or upon<br \/>\nInformation as aforesaid, he, she, or they so convicted of any such<br \/>\nOffences respectively, shall forfeit the Sum of Ten Shilling, over and<br \/>\nabove the Expences of repairing any Damage that may be occasional<br \/>\nthereby, the Amount of which shall be ascertained by the said Justice,<br \/>\nfor the First Offence, the Sum of Twenty Shillings for the Second<br \/>\nOffence, and the Sum of Forty Shillings for the Third and every other<br \/>\nsubsequent Offence; and in case such Offender or Offenders shall not upon<br \/>\nsuch Conviction pay such Forfeitures by him, her, or them incurred as<br \/>\naforesaid, the Justice before whom such Offender or Offenders shall be<br \/>\nconvicted, is hereby required to commit him, her, or them to the House of<br \/>\nCorrection for the said County, there to be kept to hard Labour for any<br \/>\nSpace of Time not exceeding Thirty Days nor less than Five Days.<\/p>\n<p>[Penalty on obstructing Officers.]<\/p>\n<p>XI. And be it further enacted, That if any Person or Persons shall at<br \/>\nany Time or Times obstruct, hinder, or molest any Surveyor or Surveyors,<br \/>\nor other Officer or Officers, Person or Persons whomsoever, who are or<br \/>\nshall be employed by the said Commissioners in the Execution of the said<br \/>\nrecited Act or this Act, every Person or Persons so offending, shall for<br \/>\nthe First Offence, forfeit the Sum of Twenty Shillings, for the Second<br \/>\nOffence the Sum of Forty Shillings, and for the Third and every other<br \/>\nOffence the Sum of Three Pounds.<\/p>\n<p>[Commissioners to repair the Streets, &amp;c.]<\/p>\n<p>XII. And be it further enacted, That it shall and may be lawful to and<br \/>\nfor the said Commissioners to cause to be dug, carted, and carried out<br \/>\nof, or brought into the said several Streets and other publick Passages<br \/>\nand Places already or hereafter to be set out or made, or any of them, or<br \/>\nany Part or Parts thereof, such Gravel, Stones and other Materials as<br \/>\nthey shall judge necessary, and may likewise cause the Ground thereof to<br \/>\nbe raised or lowered, the Course of the Channels running in or through<br \/>\nthe same to be turned or altered, new Grates to the Common Sewers to be<br \/>\nadded or replaced, and in what Numbers or Places they shall think proper,<br \/>\nand the Water Pipes which now be or hereafter shall be said under Ground<br \/>\nto be taken up and new laid in such Places, Manner, and Form, as they<br \/>\nshall judge best, the Charges and Expences of taking up, altering, and<br \/>\nrelaying such Pipes to be borne and paid by the said Commissioners, but<br \/>\nthe said Commissioners shall not remove or cause to be removed any Water<br \/>\nPipes, without giving Notice to and advising with the Inspector or<br \/>\nSupervisor of the Water Company to which such Pipes belong; and that the<br \/>\nsaid Commissioners may likewise cause such Number of Posts to be set up<br \/>\nand erected in or upon any of the said Streets, and other publick<br \/>\nPassages and Places, at such Distances and in such Manner at they shall<br \/>\nthink proper, and may cause all or any of the Posts and Rails already<br \/>\nerected, set up, and affixed, or hereafter to be erected, set up, and<br \/>\naffixed, to be painted or repaired, and new Posts and Rails to be set up,<br \/>\nerected, and affixed, in the Place of such of them as shall be decayed or<br \/>\nrendered useless.<\/p>\n<p>[Respecting Water Pipes.]<\/p>\n<p>XIII. And be it further enacted, That when and so often as any Main or<br \/>\nMains, Pipe or Pipes belonging to any Water Company, who now furnish, or<br \/>\nshall hereafter furnish the Inhabitants of the said District with Water,<br \/>\nand which now lie, or shall hereafter be laid under Ground in any of the<br \/>\nsaid Streets, or other publick Passages or Places, shall happen to break,<br \/>\nburst, or decay, so as to require Reparation, the Surveyor or Surveyors<br \/>\nof the said Commissioners for the Time being, or such other Person or<br \/>\nPersons as the said Commissioners shall appoint for that Purpose, shall<br \/>\nforthwith give, or cause to be given, Notice thereof, in Writing, to the<br \/>\nPaviour or Supervisor of every such Water Company; and the Paviour or<br \/>\nSupervisor of such Water Company, to whom the said Main or Mains, Pipe or<br \/>\nPipes shall belong is and are hereby required to take up the Pavement and<br \/>\nopen the Ground, and cause or procure the said Main or Mains, Pipe or<br \/>\nPipes to be repaired, and afterwards to fill the said Ground, ram down,<br \/>\nand make good the same with Gravel, in all Cases where the same shall not<br \/>\nhave been paved, within Two Days next after such Notice to be given, and<br \/>\nas soon as such Main or Pipe shall have been so repaired, and the Ground<br \/>\nto filled up, rammed down, and gravelled, he or they shall give or cause<br \/>\nto be given Notice thereof, in Writing, to the Surveyor or Surveyors for<br \/>\nthe Time being of the said Commissioners; and if the Paviour or Paviours,<br \/>\nSupervisor or Supervisors, of any such Water Company, to or for whom such<br \/>\nNotice shall be given or left at his or their last Place or Places of<br \/>\nAbode, shall, by the Space of Two Days next after giving or leaving such<br \/>\nNotice as aforesaid, refuse or neglect to take up such Pavement, and open<br \/>\nsuch Ground, and cause or procure such Main or Mains, Pipe or Pipes to be<br \/>\namended and repaired, or afterwards to fill up the Ground so taken up, or<br \/>\nto give such immediate Notice of his having so done to the Surveyor or<br \/>\nSurveyors of the said Commissioners for the Time being, then and in every<br \/>\nsuch Case, the Person or Persons so respectively refusing or neglecting<br \/>\nshall, for every such Offence, forfeit and pay the Sum of Five Pounds;<br \/>\nand if any Main or Mains, Pipe or Pipes, not belonging to any Water<br \/>\nCompany, shall happen to break, burst, or decay as aforesaid, in any of<br \/>\nthe said Streets, or other publick Passages and Places, then and in every<br \/>\nsuch Case the respective Owner or Owners thereof shall forthwith cause<br \/>\nthe Ground over the same to be opened, and such Main or Mains, Pipe or<br \/>\nPipes to be repaired, and Notice thereof in Writing to be given to the<br \/>\nSurveyor or Surveyors for the Time being of the said Commissioners; or in<br \/>\ncase of Refusal or Neglect so to do, shall, for every such Offence,<br \/>\nforfeit and pay the Sum of Five Pounds; and if any Pavement shall be<br \/>\nbroken or taken up for the Purpose of making, repairing, or altering any<br \/>\nMain, Pipe, Vault, or Drain, then and in every such Case, the Person or<br \/>\nPersons so breaking or taking up the said Pavement, or causing the same<br \/>\nto be so broken or taken up, shall, as soon as the Nature of the Work<br \/>\nwill permit, cause the Ground to be filled in or rammed down, and Notice<br \/>\nthereof in Writing to be given to the Surveyor or Surveyors for the Time<br \/>\nbeing of the said Commissioners; or in case of Refusal or Neglect so to<br \/>\ndo, shall, for every such Offence, forfeit and pay the Sum of Forty<br \/>\nShillings; and if such Surveyor or Surveyors, to whom any such Notice as<br \/>\naforesaid shall be so given, shall, by the Space of Two Days next after<br \/>\nthe giving of such Notice to him or them as aforesaid, refuse or neglect<br \/>\nto relay and repair, or cause to be relaid and repaired, the Pavement so<br \/>\nbroken up, then and in every such Case, he or they shall forfeit and pay<br \/>\nthe Sum of Twenty Shillings for every Day such Pavement shall be<br \/>\nneglected to be relaid or repaired after the Expiration of the said Two<br \/>\nDays: Provided always, that if it shall so happen that at any Time there<br \/>\nshall be no regular or fixed Appointment of a Paviour or Surveyor of any<br \/>\nsuch Water Company, then and in such Case such Notice shall be delivered<br \/>\nto or left at the Office of the Clerk, or Secretary of such Company, and<br \/>\nconsidered as sufficient Notice for the Purposes aforesaid.<\/p>\n<p>[How to Expences of relaying the Pavement opened for laying down or repairing Water Pipes shall be paid.]<\/p>\n<p>XIV. Provided always, and be it further enacted and declared, That the<br \/>\nCharges and Expences of relaying the Pavement or gravelling the Ground<br \/>\nwhich shall be broken, taken up, or opened for the Purposes of laying<br \/>\ndown, repairing, or amending any such Main or Mains, Pipe or Pipes, shall<br \/>\nbe reimbursed and paid to the said Commissioners, or to such Person as<br \/>\nthey shall appoint to receive the same, by the Clerk or Treasurer for the<br \/>\nTime being of any such Water Company to whom such Main or Mains, Pipe or<br \/>\nPipes shall belong, or if the same shall not belong to any such Water<br \/>\nCompany, then by the respective Owner or Owners thereof; and if such<br \/>\nClerk or Treasurer to any such Water Company, or the respective Owner or<br \/>\nOwners of such Main or Mans, Pipe or Pipes, liable to reimburse and pay<br \/>\nsuch Charges and Expences, shall refuse or neglect to pay the same within<br \/>\nTen Days next after Demand thereof in Writing, signed by the Clerk of the<br \/>\nsaid Commissioners, and left at their respective Dwelling Houses or last<br \/>\nPlaces of Abode, or at the Office of such Company, together with a Bill<br \/>\nto be annexed to such Demand, containing an Account of such Charges and<br \/>\nExpences, then and in every such Case, the Money so expended shall and<br \/>\nmay be recovered by the said Commissioners of and from the Company, or<br \/>\nPerson or Persons so liable thereto, by Action or Actions of Debt, Bill,<br \/>\nPlaint, or Information in any of His Majesty\u2019s Courts of Record at<br \/>\nWestminster, to be commenced within Three Calendar Months next after<br \/>\nsuch Demand respectively, in which Acton or Actions, Suit or Suits<br \/>\nrespectively, no Essoign, Protection, or Wager of Law, or more than One<br \/>\nImparlance, shall be allowed.<\/p>\n<p>[For Payment of Principal Money and Interest advanced on Credit to the Rates.]<\/p>\n<p>XV. And be it further enacted, That in order to discharge the Principal<br \/>\nMoney and Interest already advanced and lent, or which may be hereafter<br \/>\nadvanced and lent upon the Credit of the Rates or Assessments made by<br \/>\nvirtue of the said recited Act, it shall and may be lawful to and for the<br \/>\nsaid Commissioners, and they are hereby authorized and directed, yearly<br \/>\nand every Year, to deduct, appropriate, and set apart, the Sum of One<br \/>\nPenny in the Pound of the Total Amount of the yearly Rent or Value of the<br \/>\nseveral Houses and other Buildings, Lands, and Grounds within the said<br \/>\nDistrict; and the said Sum or Sums of Money so to be set apart and<br \/>\nappropriated, shall be from Time to Time taken and deducted from and out<br \/>\nof the Rate and Assessment levied and collected for forming and keeping<br \/>\nin Repair the Streets, and other publick Passages and Places within the<br \/>\nsaid District, and for otherwise improving the same: Provided always,<br \/>\nthat such Sum or Sums of Money so to be deducted, set apart, and<br \/>\nappropriated as aforesaid, shall not at any Time exceed the Proportion of<br \/>\nOne-twentieth Part of such Rates or Assessments as shall have been<br \/>\nactually levied and collected, and shall only be to deducted, set apart,<br \/>\nand appropriated at such Time or Times as the said Rate or Assessment<br \/>\nshall not exceed the full Sum of Two Shillings in the Pound in any One<br \/>\nYear.<\/p>\n<p>[Respecting Surplus of Rate.]<\/p>\n<p>XVI. And be it further enacted, That it shall and may be lawful to and<br \/>\nfor the said Commissioners, and they are hereby authorized and empowered,<br \/>\nfrom Time to Time, when and as often as the Surplus of the said Rate (if<br \/>\nany), shall, together with the Produce of One Penny in the Pound, so to<br \/>\nbe set apart and appropriated, amount to the Sum of One hundred Pounds or<br \/>\nupwards, to pay off and discharge the Money borrowed and to be borrowed<br \/>\non the Credit of the said Rate, in such Manner as the said Commissioners<br \/>\nshall think proper, and a separate Account shall be kept of the Sums of<br \/>\nMoney paid off and discharged by the Surplus of the said Rate, distinct<br \/>\nfrom those which shall be paid off and discharged by the Sum so<br \/>\nappropriated as aforesaid by virtue of this Act.<\/p>\n<p>[Application of Compensation where amounting to 200l.]<\/p>\n<p>XVII. And be it further enacted, That if any Money shall be agreed or<br \/>\nawarded to be paid for any Buildings, Lands, or Hereditaments purchased,<br \/>\ntaken, or used by virtue of the Powers of the said recited Act and this<br \/>\nAct, for the Purposes thereof, which shall belong to any Corporation,<br \/>\nFeme Covert, Infant, Lunatick, or Person or Persons under any other<br \/>\nDisability or Incapacity, such Money shall, in case the same shall amount<br \/>\nto or exceed the Sum of Two hundred Pounds, with all convenient Speed be<br \/>\npaid into the Bank of England, in the Name and with the Privity of the<br \/>\nAccountant General of the High Court of Chancery, to be placed to his<br \/>\nAccount there ex parte the Commissioners for executing the said Act and<br \/>\nthis Act, to the Intent that such Money shall be applied, under the<br \/>\nDirection and with the Approbation of the said Court, to be signified by<br \/>\nan Order made upon a Petition, to be preferred in a summary Way, by the<br \/>\nPerson or Persons who would have been entitled to the Rents and Profits<br \/>\nof the said Buildings, Lands, and Hereditaments, in the Purchase or<br \/>\nRedemption of the Land Tax, or towards the Discharge of any Debt or<br \/>\nDebts, or such other Incumbrances, or Parts thereof, as the said Court<br \/>\nshall authorize to be paid, affecting the same Lands or Hereditaments, or<br \/>\naffecting other Buildings, Lands, or Hereditaments standing settled<br \/>\ntherewith, to the same or the like Uses, Intents, or Purposes; or where<br \/>\nsuch Money shall not be so applied, then the same shall be laid out and<br \/>\ninvested, under the like Direction and Approbation of the said Court, in<br \/>\nthe Purchase of other Buildings, Lands, or Hereditaments, which shall be<br \/>\nconveyed and settled to, for, and upon such and the like Uses, Trusts,<br \/>\nIntents, and Purposes, and in the same Manner as the Buildings, Lands, or<br \/>\nHereditaments which shall be so purchased, taken, or used as aforesaid,<br \/>\nstood settled or limited, or such of them as at the Time of making such<br \/>\nConveyance and Settlement shall be existing undetermined and capable of<br \/>\ntaking Effect; and in the mean Time and until such Purchase shall be<br \/>\nmade, the said Money shall, by Order of the Court of Chancery, upon<br \/>\nApplication thereto, be invested by the said Accountant General, in his<br \/>\nName, in the Purchase of Three Pounds per Centum Consolidated or Three<br \/>\nPounds per Centum Reduced Bank Annuities; and in the mean Time and<br \/>\nuntil the said Bank Annuities shall be ordered by the said Court to be<br \/>\nsold, for the Purposes aforesaid, the Dividends and annual Produce of the<br \/>\nsaid Consolidated or Reduced Bank Annuities shall from Time to Time be<br \/>\npaid, by Order of the said Court, to the Person or Persons who would for<br \/>\nthe Time being have been entitled to the Rents and Profits of the<br \/>\nBuildings, Lands, or Hereditaments so hereby directed to be purchased, in<br \/>\ncase such Purchase or Settlement were made.<\/p>\n<p>[Application where the Money does not exceed 200l. nor less than 20l.]<\/p>\n<p>XVIII. Provided always, and be it further enacted, That if any Money so<br \/>\nagreed or awarded to be paid for any Buildings, Lands, or Hereditaments<br \/>\npurchased, taken, or used for the Purposes aforesaid, and belonging to<br \/>\nany Corporation, or any Person or Persons under Disability or Incapacity<br \/>\nas aforesaid, shall be less than the Sum of Two hundred Pounds, and shall<br \/>\nexceed the Sum of Twenty Pounds, then and in all such Cases, the same<br \/>\nshall (at the Option of the Person or Persons for the Time being entitled<br \/>\nto the Rents and Profits of the Buildings, Lands, or Hereditaments so<br \/>\npurchased, taken, or used, or of his, her, or their Guardian or<br \/>\nGuardians, Committee or Committees, in case of Infancy or Lunacy, to be<br \/>\nsignified by Writing under their respective Hands), be paid into the<br \/>\nBank, in the Name and with the Privity of the said Accountant General of<br \/>\nthe High Court of Chancery, and be placed to his Account as aforesaid, in<br \/>\norder to be applied in Manner herein-before directed, or otherwise the<br \/>\nsame shall be paid (at the like Option) to Two Trustees, to be nominated<br \/>\nby the Person or Persons making such Option, and approved of by Three or<br \/>\nmore of the said Commissioners (such Nomination and Approbation to be<br \/>\nsignified in Writing under the Hands of the nominating and approving<br \/>\nParties), in order that such Principal Money, and the Dividends arising<br \/>\nthereon, may be applied in any Manner herein-before directed, so far as<br \/>\nthe Case be applicable, without obtaining or being required to obtain the<br \/>\nDirection or Approbation of the Court of Chancery.<\/p>\n<p>[Application where Money is less than 20l.]<\/p>\n<p>XIX. Provided also, and be it further enacted, That where such Money, so<br \/>\nagreed or awarded to be paid as next before mentioned, shall be less than<br \/>\nTwenty Pounds, then and in all such Cases, the same shall be applied to<br \/>\nthe Use of the Person or Persons who would, for the Time being, have been<br \/>\nentitled to the Rents and Profits of the Buildings, Lands or<br \/>\nHereditaments so purchased, taken, or used for the Purposes of the said<br \/>\nAct and this Act, in such Manner as the said Commissioners, or any Three<br \/>\nor more of them, shall think fit; or in case of Infancy or Lunacy, then<br \/>\nto his, her, or their Guardian or Guardians, Committee or Committees to<br \/>\nand for the Use and Benefit of such Person or Persons so entitled<br \/>\nrespectively.<\/p>\n<p>[For paying the Expences of the Act.]<\/p>\n<p>XX. And be it further enacted, That it shall and may be lawful for the<br \/>\nsaid Commissioners to pay and discharge the Expences attending the<br \/>\nobtaining and passing this Act, by and out of such Monies as they may<br \/>\nthink fit to borrow by virtue of the Power and Authority given to them in<br \/>\nand by the said recited Act, or by and out of any of the Rates or<br \/>\nAssessments by the said recited Act granted.<\/p>\n<p>[Recovery of Penalties.]<\/p>\n<p>XXI. And be it further enacted, That all Penalties and Forfeitures by<br \/>\nthis Act imposed (the Manner of recovering whereof is not hereby<br \/>\notherwise directed), shall be levied and recovered in such Manner and<br \/>\nForm in all Respects, as the Penalties and Forfeitures are directed to be<br \/>\nlevied and recovered by the said recited Act.<\/p>\n<p>[Powers of former Act extended to this Act.]<\/p>\n<p>XXII. And be it further enacted, That the Commissioners acting under or<br \/>\nby virtue of the said recited Act, shall be Commissioners for carrying<br \/>\ninto Execution the several Powers and Authorities given by this Act, and<br \/>\nthat the said Commissioners shall have as full and ample Powers of<br \/>\nrating, assessing, and levying all such Sums of Money as they shall deem<br \/>\nnecessary for the Purposes of this Act, as are given to them in and by<br \/>\nthe said recited Act; and that all other the Provisions of the said<br \/>\nrecited Act (except such as are hereby varied or altered), shall be<br \/>\nextended to this Act, in as full, large, and ample Manner, to all Intents<br \/>\nand Purposes, as if the same were repeated and re-enacted in the Body of<br \/>\nthis present Act.<\/p>\n<p>[Publick Act.]<\/p>\n<p>XXIII. And be it further enacted, That this Act shall be deemed,<br \/>\nadjudged, and taken to be a Publick Act, and shall be judicially taken<br \/>\nNotice of as such by all Judges, Justices and other Persons whomsoever,<br \/>\nwithout specially pleading the same.<\/p>\n<p>Source: <a href=\"https:\/\/www.gutenberg.org\/files\/62016\/62016-h\/62016-h.htm\">Project Gutenberg<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>1803: 43 George 3, local act 11: An Act for amending, altering, and enlarging the Powers of an Act, passed in the Thirtieth Year of the Reign of His present Majesty, intituled, An Act for forming and keeping in Repair the Streets, and other publick Passages and Places within a certain District in the Parish [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":1174,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-2403","page","type-page","status-publish","hentry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/statutes.org.uk\/site\/wp-json\/wp\/v2\/pages\/2403","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/statutes.org.uk\/site\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/statutes.org.uk\/site\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/statutes.org.uk\/site\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/statutes.org.uk\/site\/wp-json\/wp\/v2\/comments?post=2403"}],"version-history":[{"count":0,"href":"https:\/\/statutes.org.uk\/site\/wp-json\/wp\/v2\/pages\/2403\/revisions"}],"up":[{"embeddable":true,"href":"https:\/\/statutes.org.uk\/site\/wp-json\/wp\/v2\/pages\/1174"}],"wp:attachment":[{"href":"https:\/\/statutes.org.uk\/site\/wp-json\/wp\/v2\/media?parent=2403"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}