A._An Act to Provide for the Paving, Gravelling, Lighting, and Watching Certain Footways and Carriageways in and Near Brompton Square In the Parish of Saint Mary Abbotts Kensington, in the County of Middlesex and to Provide for the Maintenance of a Garden and Shrubbery in the Said Square.

Transcribed from the 1825 George Eyre and Andrew Strahan edition by David

Price, email ccx074@pglaf.org. Many thanks to Royal Borough of

Kensington and Chelsea, Local Studies and Archives, for allowing their

copy to be used for this transcription.

[Picture: Public domain book cover]

ACT

TO PROVIDE FOR THE

PAVING, GRAVELLING, LIGHTING,

AND WATCHING

Certain Footways and Carriageways

IN AND NEAR

BROMPTON SQUARE

IN THE PARISH OF

SAINT MARY ABBOTTS KENSINGTON,

_IN THE COUNTY OF MIDDLESEX_

AND TO PROVIDE FOR THE

Maintenance of a Garden and Shrubbery

IN THE SAID SQUARE.

[Picture: Royal Arms]

_LONDON_:

PRINTED BY GEORGE EYRE AND ANDREW STRAHAN,

PRINTERS TO THE KING’S MOST EXCELLENT MAJESTY.

1825.

INDEX.

ACCOUNTS, Book of, to be open to the gratuitous 8

Inspection of the Trustees and Persons rated. _See_

Trustees.

— Copies and Extracts may be gratuitously taken by duly ibid.

qualified Persons.

ACT, Limits of, defined. 2

— Persons for putting the Act in Execution defined, ibid

— Expense of obtaining, &c. to be paid out of the first 43

Monies raised by virtue of the Act.

— to be deemed a public Act, and judicially taken Notice 44

of as such, without being specially pleaded.

ACTION. In every Action, the Designation of Defendant as 30

set forth by the Act, being indebted to the Plaintiff in

the Sum, &c. shall be sufficient. _See_ Clerk,

Treasurer.

ACTION or SUIT, proper Names of, to be given. _See_ 41

Notice.

— not to be commenced after a Tender of sufficient Amends ibid.

to the Parties aggrieved, or (on their Behalf) to their

Attorney or Agent.

— not to be commenced after the Expiration of Six Months 42

next after the Fact committed.

— the Venue to be laid in the County where the Cause of ibid.

Action shall have arisen, and not elsewhere.

ACTS. _See_ Proceedings.

ADJOURNMENTS. Neglect of, &c. 14

AGGRIEVED. Persons aggrieved by any Rate or Assessment 38

after Payment thereof, may appeal to the Trustees at

their next Meeting.

— Persons aggrieved by any Decision of the Trustees or 38

Justice of the Peace in the Execution of this Act, may

appeal to the General Quarter Sessions to be held next

after the Expiration of One Calendar Month from the Time

when the Cause of Complaint shall have arisen, but not

afterwards.

AMBASSADOR, Houses occupied by, the Landlord or 26

Proprietor of such Houses to be rated as the Occupier.

AMENDMENT of any Rate, Assessment, or Matter of Form in 38, 39

any Conviction or Proceeding connected with the Execution

of this Act, may be made by the Justices at the Quarter

Sessions.

ANNOYANCES, &c. Penalty for. 35

ANNUITY, Form of the Grant of. _See_ Money. 30

— Money raised by way of Annuity, to be deemed Personal ibid.

Estate.

— Restrictions upon the granting of—not to be granted for 31

the Lives of more than Two Persons under the Age of

Thirty-five.

APPEAL may be made to the Trustees by Persons aggrieved 38

by any Rate made in pursuance of the Act, at the next

Meeting of the Trustees, after Payment of such Rate or

Assessment.

— may be made against Decision of the Trustees or any ibid.

Justice of Peace, at the next Quarter Sessions.

— to the Quarter Sessions against Decision of Trustees or ibid.

Justice, not to be made later than One Month after the

Cause of Complaint arising. _See_ Aggrieved.

— to the next Quarter Sessions against Decision of 38, 39

Trustees or Justice—the Appellant to give Fourteen Days

written Notice of the Appeal and of the Matter thereof to

the Clerk of the Trustees, and within Five Days after, to

enter into a Recognisance, with Two sufficient Sureties,

before a Justice of Peace. _See_ Sureties.

— to the Quarter Sessions, &c. if against a Conviction, 39

the Sureties of the Appellant to be conditioned to pay

the Penalty, if the Conviction be affirmed. _See_

Sureties.

— Matters of, to be determined in a summary Way by the ibid.

Justices at the General Quarter Sessions. _See_

Justices.

AREA, enclosed, of Brompton Square, first Expense of 43

enclosing, &c. not to be defrayed by the Trustees. _See_

Trustees.

— Provision in favour of the Occupiers of Houses having 22

Interest in the enclosed Area, previously to the passing

of the Act.

ARMS and Clothing for Watchmen to be provided. 17

— for Watchmen, &c. vested in the Trustees. 23

ASHES, DUST, &c. _See_ Mud.

ASSESSMENT. _See_ Rate.

BASKET. _See_ Stall.

BOG-HOUSE, or NIGHT-SOIL. Penalty £5 for emptying it, 33

except between the Hours of Twelve at Night and Five in

the Morning.

BONFIRE making, &c. in Brompton Square. 32

BOOK. _See_ Names.

BREAKING in. &c. _See_ Horse.

BROMPTON SQUARE, STREETS, &c. on the Land claimed to be 1

seised by Wm. Farlar, Esq. partly laid out prior to the

passing of the Act.

BUILDING MATERIALS. Penalty not exceeding £5, for 33

placing them within the Jurisdiction of this Act. _See_

Provision.

BUSINESS, Room or Building may be hired for Transaction 41

of. _See_ Trustees.

CARRIAGEWAYS, &c. Trustees to contract for cleansing 21

them. _See_ Footways.

CARPETS. Beating or dusting them, &c. Penalty £5 for. 32

CHAIRMAN, how to be appointed. 4

— to have a casting Vote. 5

CHAISE. _See_ Coach.

CHELSEA WATER-WORKS. _See_ Water-Works.

CINDERS. _See_ Dust.

CLERK to be appointed, and how. ibid.

— &c. not to be Treasurer. _See_ Trustees. 7

— to keep a Book of Accounts. _See_ Trustees. _See_ 8

Inspection of Accounts.

— to the Trustees, his Death or Removal, or that of the 40

Treasurer, no Ground for the Discontinuance of an Action.

— to be deemed Plaintiff or Defendant in an Action, but 41

not personally answerable for Damages. _See_ Damages.

— competent Witness in an Action, though nominally ibid.

Plaintiff or Defendant.

— to enter Contracts in a proper Book. 23

CLOATHING. _See_ Arms.

COACH, Chaise, Waggon, Cart, Truck, Wheelbarrow, or other 34

Carnage whatever, driven upon any Footway within the

Jurisdiction of the Act, Penalty for, not exceeding £5.

COACH-HOUSES. _See_ Stables.

COLLECTOR of RATES to be appointed, and how. 5

COMPLAINTS, Costs incident to, how to be levied, if not 36, 37

paid on Conviction. _See_ Penalties.

CONTRACT for doing WORKS, &c. connected with the 23

Execution of the Act, may be yearly, or otherwise.

— &c. not to continue in force for more than Three Years ibid.

from the Time of contracting.

— all Contracts for doing Works, &c. connected with the ibid.

Execution of the Act, to be entered in a proper Book.

COMMISSIONERS of SEWERS. _See_ Sewers.

COMPENSATION for special Damage done by Parties’ 39

irregularly distraining. _See_ Irregularity.

CONVICTION of OFFENDERS, &c. _See_ Justice.

— Form of. ibid.

— Appeal against. _See_ Appeal. 41

COSTS and EXPENSES respecting the Contamination of Water 16

by any Escape of Gas, to be determined (if requisite) by

a Justice of Peace. _See_ Water.

— and Expenses occasioned by Distress, &c. to be 29

determined by Justice of the Peace. _See_ Justice.

— and Expenses occasioned by Distress, &c. may be sued ibid.

for, &c. with full Costs of Suits, &c. by the Trustees.

_See_ Action.

COSTS, &c. incident to a Complaint, hour to be levied, if 36

not paid on Conviction. _See_ Penalties.

— awarded by the Trustees at the Quarter Sessions, 39

Sureties for an Appellant must be conditioned to pay

such. _See_ Sureties.

— if not paid on Decision of the Justices at the Quarter ibid.

Sessions, the Delinquent to be committed to the Common

Gaol or House of Correction. _See_ Justices.

— _See_ Damages.

— when Plaintiff is to pay Treble, and how recoverable. 42

_See_ Verdict.

— of Performance of Conditions for renting Ground for a 22

Pleasure Garden, to be paid out of Rates made by virtue

of the Act.

Cost of every Lease for renting Ground for a Pleasure ibid.

Garden, to be paid out of the Rates made by virtue of the

Act.

— Costs and Expenses of obtaining and passing the Act to 43

be paid out of the first Monies raised by virtue of it.

DAMAGE done by fixing of Lamps. _See_ Lamps.

— Special, done by Parties’ irregularly distraining, 38

Compensation for, how recoverable. _See_ Irregularity.

— Damages or Costs recovered against the Clerk or 41

Treasurer, not to be paid by them, but by the Trustees,

out of the Money raised under the Act.

— wilfully done to the Pavements, Lamps, Fences, Trees, 24

Walks, &c. &c. in Brompton Square, Penalty for.

— done to the Pavements, Lamps, &c. Satisfaction to be ibid.

made for.

— &c. Satisfaction fur, how to be obtained. ibid.

— and Injury. To be made good to the Trustees by the 16

Water-works Company, all Damage which may have been

caused by an Examination of the Pipes respecting the

Contamination of Water by Gas, if the Gas be not the

Occasion of the Nuisance.

— the Amount of Loss, Injury, Damage, &c. done to ibid.

Footways, &c. to be determined, if requisite, by a

Justice of the Peace. _See_ Justice.

DEFENDANT in an Action may plead specially or the general 42

Issue, and at the Trial thereof give this Act and the

special Matter in Evidence.

— Verdict to be found for, if, in an Action, the Thing ibid.

complained of appear to have been done under Authority of

the Act; or if the Action be brought contrary to the

Restrictions, &c. which the Act has laid down. _See_

Verdict.

DEMURRER. If, on Demurrer, Judgment be given against ibid.

Plaintiff, Defendant to have Treble Costs. _See_

Verdict.

DISCHARGE. _See_ Payment.

DISTRESS and SALE by, of the Goods, &c. of any Officer, 6

having Money for which he has not accounted, and having

refused to give Account, &c. _See_ Notice.

DISTRESS, Warrant of. _See_ Warrant.

— not illegal from Informality. 38

— Persons making, not Trespassers from any Informality in ibid.

the Proceedings.

— Persons making, not Trespassers _ab initio_, on account ibid.

of any subsequent Irregularity.

DUNG. _See_ Mud.

DUST, Trustees to contract for taking away. 21

DUST, ASHES, &c. _See_ Mud.

EXAMINATION respecting Gas; upon Examination, should it 15

appear that Contamination has not arisen from an Escape

of Gas, the Expenses and Costs of Digging to be borne by

the Water Company, &c.

EXECUTION of the Act. _See_ Notices, Form, Proceedings.

EXEMPTION from General Rates. _See_ Rates.

EXPENSE of removing Gas Pipes from private Dwelling

Houses, &c. _See_ Pipes.

EXPENSES incident to inclosed Area of Brompton Square, to 19

be wholly borne by the Tenants and Occupiers of Houses.

_See_ Costs.

FARLAR, WILLIAM, Esq. 1

FILTH. _See_ Mud.

FIREWORKS, discharging them in Brompton Square. 32

FOOTBALL, or any other Game, playing at, in Brompton ibid.

Square.

FOOTWAYS and CARRIAGEWAYS, Trustees shall cause to be 9

properly formed, repaired, cleansed, watered, drained,

protected with Posts, &c. or altered, as they think

necessary. _See_ Penalty.

— &c. if broken up for the laying of Pipes or any other 10

Purpose, the Work to be expeditiously completed, and the

Footways, &c. put in as good a State as before, at the

Expense of the Company or Persons so breaking them up.

— &c. if not repaired by the Parties causing them to be 11

broken up, for 24 Hours after the Completion of the Work

for which they were broken up, the Trustees to have them

properly repaired, and may compel the Parties who caused

them to be broken up, to defray the Cost of repairing.

— &c. Expense of repairing, how to be recovered by the ibid.

Trustees of Persons failing to reinstate such Footways,

&c. after causing them to be broken up.

— &c. first Expense of, not to be defrayed by Trustees.

_See_ Trustees.

FORFEITURES, how recoverable. _See_ Penalties.

FORM, Matter of, in any Conviction or Proceeding under 38

the Act, may be amended by the Trustees at the Quarter

Sessions.

— Want of, no Ground for quashing or vacating any ibid.

Proceedings connected with the Execution of this Act.

_See_ Proceedings.

GAME, i.e. Play, &c. _See_ Football.

GAOL, or House of Correction, any Officer having received 6, 7

Money for which he has not accounted, and having refused

to give Accounts, may be committed to. _See_ Notice.

Satisfaction.

GARDEN. _See_ Pleasure Garden.

GARDEN-POT or TUB, Penalty for placing or putting out, 33

upon or before any Building next or towards any Footway

within the Jurisdiction, &c. unless properly secured from

falling.

GAS found to escape, speedy Means to be taken to prevent 16

it. _See_ Notice. Penalty.

GAS PIPES. _See_ Pipes.

GAS WASHINGS. _See_ Penalty.

GATES to be erected at the Entrance of Brompton Square. 21

— to be kept up and preserved by the Trustees. ibid.

— to be kept closed during such Hours as the Trustees ibid.

shall direct.

— a Key or Keys of the Gates to be left in the Charge of ibid.

the Watchmen, during the Hours appointed by the Trustees

for the Gates to be closed.

GOODS. _See_ Stall.

GOODS and CHATTELS liable to Distress, in case of the 35, 36

Non-payment of Penalties. _See_ Penalties.

GRAND JUNCTION WATER-WORKS. _See_ Water-works.

GRAVELLING. &c. _See_ Owners.

GROUND for Pleasure Garden, to be subject to 21, 22

Stipulations, agreed upon between the Trustees and Wm.

Farlar, his Heirs, &c.

— Lessees of, their Estate and Interest, to vest in the ibid.

Trustees for the Time being.

HORSE, BEAST, &c. wilfully suffering them to go upon any 35

Footway, &c.

— &c. fastening any Horse, &c. to any House, Wall, Fence, ibid.

Post. Rail, &c. or across any Footway, &c.

— &c. riding or leading a Horse, &c. on any Footway ibid.

within the Jurisdiction of the Act.

— &c. driven by any Person in any Part of Brompton Square ibid.

for the Purpose of breaking him in, offering him for

Sale, &c., Penalty not exceeding £5.

HOUSE of CORRECTION. _See_ Gaol.

HOUSES. Trustees to order them to be numbered. _See_

Penalty.

INFORMALITY of Proceedings in making Distress, _See_

Distress. Irregularity.

INFORMATION in Writing, not necessary to the Conviction 36

of an Offender.

INHABITANTS of any House, &c. within the Jurisdiction of 40

this Act, may be a competent Witness in any Action, &c.

relating to its Execution, or to any Rate made in

pursuance thereof.

INSPECTION of ACCOUNTS, Clerk refusing to permit. _See_

Penalty incurred, &c.

IRREGULARITY, subsequent, of Parties’ distraining, does 38

not render them Trespassers _ab initio_. _See_ Distress.

— of Parties’ distraining. Persons aggrieved by, may ibid.

recover Compensation for special Damage by Action,

subject to certain Limitations.

ISSUE. _See_ Defendant.

JAIL. _See_ Gaol.

JUDGMENT, when, on Demurrer, Judgment is given against 42

Plaintiff, Defendant to have Treble Costs. _See_

Verdict.

JURISDICTION of the Trustees defined. 9

JUSTICES of Peace for Middlesex, Penalties recoverable 36

before.

— to summon Offenders liable to Penalty under the Act. ibid.

— to determine Complaints and convict Offenders on Proof, ibid.

either by their own Confession or the Oath of credible

Witness or Witnesses, even without Information in

Writing.

— to grant Warrants for Distress on Goods and Chattels, ibid.

in case of the Nonpayment of Penalties.

— Penalties recoverable before. ibid.

— may order Offenders to be kept in Custody till Return ibid.

can be made to Warrant of Distress, unless satisfactory

Security for their Appearance be given.

— in what Form he may cause the Conviction of Offenders 37

to be drawn up.

— may take Security for the Appearance of Offenders 36

convicted under this Act, by way of Recognisance or

otherwise.

— at the General Quarter Sessions, on Proof of due Notice 37

given and Recognisance entered into, to determine Matters

of Appeal, award Costs, levy Costs by Distress, and

commit the Delinquent to the Common Gaol for Six Months,

or until the Costs awarded be paid.

— at Quarter Sessions, may amend any Rate, Assessment, or 39

Matter of Form in any Conviction or Proceeding under this

Act.

— of Peace for Middlesex may act as such in the Execution 40

of the Act, though also a Trustee.

— of Peace, his Decision may be appealed against at the 38, 39

next Quarter Sessions. _See_ Appeal. Aggrieved.

KEY or KEYS of the Gates, to be left in the Charge of the 21

Watchmen during the Hours appointed by the Trustees for

the Gates to be closed.

KEYS of the Pleasure Garden, to be granted only to the 22

Occupiers of Houses in the Square, except with the

written Consent of the Majority of the Trustees.

— to the enclosed Area of Brompton Square, not to be made ibid.

without written Consent of Trustees.

— false, to the enclosed Area of Brompton Square, Penalty ibid.

for making, selling, or knowingly purchasing.

— false, &c., may be seised, &c. by Authority of 25

Trustees.

LAMPS, &c. to be set up, in and about the Footways, &c. 10

within Jurisdiction of the Act, on or against Walls or

Palisadoes belonging to any contiguous House, &c.

— to be lit with Oil or Gas, during such Hours, &c. as ibid.

the Trustees judge proper.

— if unlawfully extinguished, the Offender to pay a ibid.

Penalty not exceeding £5.

— Damage done to any Building, &c. by fixing of, to be ibid.

repaired by the Trustees out of the Money raised under

this Act.

— Lamp Irons, &c. vested in the Trustees. 23

LAND, Description of, at Brompton Square, claimed to be 1

seised by Wm. Farlar, Esq.

LANDLORD, claiming or receiving the Rent of Lodgers, &c., 26

to be rated as the Occupiers, &c.

LEASE of Ground for an enclosed Area in Brompton Square, 22

may be contracted for in the Names of Five Trustees.

— of Ground for Pleasure Garden, to be taken and accepted ibid.

by the Trustees from Wm. Farlar, his Heirs, &c.

— Cost of, to be paid out of the Rates made by virtue of 22

the Act.

— of Room or Building for Transaction of Business 41

relating to the Act, may be taken and accepted by

Trustees to themselves, any of them, or any Person in

Trust for them, for any Number of Years, at such Rent as

they shall from Time to Time think fit. _See_ Trustees.

— of enclosed Area in Brompton Square, when obtained, how 25

affecting Rates. _See_ Rates.

LESSEES of Ground for Pleasure Garden; their Estate and 24

Interest to vest in the Trustees for the Time being.

LIME, slacking or sifting, &c. in Brompton Square. 32

Penalty for. _See_ Provision.

MATERIALS for the Footways, &c. vested in the Trustees. 23

MEETINGS, Expenses of, by whom to be defrayed. 4, 5

— Five a sufficient Number to form a Meeting. ibid.

— Five, or any Number under Five, may adjourn. ibid.

— First Meeting to be held on the Fourth Monday, &c. at ibid.

the Grapes Tavern at Brompton. _See_ Chairman.

MEETINGS, adjourned, where and when. ibid.

— Notice respecting adjourned Meetings. ibid.

— Special. ibid.

— Neglect or Omission to adjourn. ibid.

MERCHANDISE. _See_ Stall.

MIDDLESEX, West, Water-works. _See_ Water-works.

MONIES received by an Officer, or collected by him by 5, 6

virtue of the Act, and upon Inspection of his Accounts,

before refused to be given, not accounted for, on

Nonpayment thereof, any Justice, by Warrant under his

Hand, may cause such Monies to be levied by Distress,

&c., or, if Goods and Chattels be not sufficient, &c. &c.

to be committed to the Common Gaol or House of

Correction, &c. for Six Calendar Months.

— may be raised on the Credit of the Rates by way of Loan 30

on Annuity.

— charged in consequence of Alteration or Amendment of 28

Rates, may be recovered and levied, &c. as an original

Insertion.

— arising from Penalties, to whom to be paid, and how to 37

be disposed of. _See_ Penalties.

MONTH. A Month’s Notice to be given of intended Action. 41

MORTAR, making it in Brompton Square. _See_ Provision. 32

MUD, Dust, Sand, Rubbish, Filth, Dung, Ashes,—Penalty not 33

exceeding £5 for placing, within the Jurisdiction of the

Act.

NAMES of Streets, Numbers of Houses, Trustees to order 20

them to be set up. _See_ Penalties.

NAMES, Orders, and Proceedings of the Trustees at 32

Meetings to be entered into a Book kept for the Purpose.

_See_ Trustees. Proceedings.

NIGHT-SOIL. _See_ Bog-house.

NOTICE respecting adjourned Meetings. 4

— signed by Three or more Trustees, to be given to 6

Officers who shall refuse to give true and perfect

Accounts of the Monies, &c. before any other legal Step

can be taken.

— by Parol or in Writing, to be given to the Trustees or 17

Gas Light Company respecting the Escape of Gas.

— to be given in case Gas Washings, &c. shall be conveyed ibid.

into any River, Stream. &c.

— to be given to Persons neglecting to put up Fences, 34

Lights, &c. during Repairs, and also to remove them in

proper Time. _See_ Penalty. Repairs.

— in Writing properly signed. &c. respecting the 14

Contamination of Water by Gas, to be given to the

Trustees or Gas Company, before the Penalty of £10 can be

exacted, or any legal Step can be taken. _See_ Pipes.

— written, of intended Action, stating fully the Cause of 41

Action, Name, and Place of Abode of intended Plaintiff,

and of his Attorney or Agent, to be left at the usual

Residence of the intended Defendant, a Month previously

to the Commencement of the Action.

— of Appeal to the Quarter Sessions against Decision of 39

Trustees or Justice of Peace, to be given to the Clerk of

the Trustees. _See_ Appeal.

NOTICES or SUMMONSES, requisite for carrying this Act 40

into Execution, may be written or printed, or partly

both.

— may be served by delivering them to the Persons to whom ibid.

they are directed, or leaving them at the last known

Residence of such Persons, or at, or upon, any House, &c.

whereunto they respectively relate.

NUMBERS. _See_ Names of Streets.

NUISANCES and ANNOYANCES, Penalty for. 34

OATH, to be taken and subscribed to, by every Owner or 3

Occupier of a House, &c. before he can act as Trustee.

_See_ Unqualified Persons.

OCCUPIER or LODGER, to be liable, under a Modification, 27

to be distrained for Rates, &c. due at the Time of making

the Distress.

— having been distrained, &c. may deduct the Amount, &c. ibid.

out of the Rent, payable by him to the Person or Landlord

rated.

OFFENDERS, may be apprehended without any other warrant 35

or Authority than the Act.

— liable to Penalty, to be summoned before any Justice of

the Peace for Middlesex. _See_ Justice.

— not having Goods and Chattels whereon sufficient 37

Distress can be taken, to be committed to the Common

Gaol. _See_ Warrant.

— Form of Conviction of. ibid.

OFFICERS, how to be appointed. 5

— if requisite, how to be removed. ibid.

— to give true and perfect Accounts in Writing of all 5, 6

Receipts and Payments of Monies to the Trustees, or to

such Persons as they shall nominate. _See_ Monies.

— neglecting to give up Papers, &c. within Seven Days 6, 7

after being required by a Notice in Writing, any Justice

of the Peace, upon Complaint of the Trustees, may issue a

Warrant. _See_ Warrant. Justice.

OFFICERS or PERSONS engaged in the Execution of this Act, 35

Penalty for obstructing them.

ORDERS and Determinations of Trustees to be made at 4

Meetings to be held pursuant to the Act, and not

otherwise. _See_ Names.

— none to be made at any Meeting, without the Concurrence 5

of the Majority of the Trustees present. _See_ Chairman.

Names.

— Revocation of, and Exception. ibid.

— written Notice respecting the Revocation of Orders, to ibid.

be given by Three or more Trustees under their Hands, at

a previous Meeting.

OWNERS and OCCUPIERS of HOUSES, &c. beneficial to them, 1

and also of public Advantage, to provide by Law for the

paving, gravelling, &c. and for the Maintenance of a

Pleasure Garden in the Square. _See_ Owners.

PAVING, gravelling, forming, &c. Footways or 43

Carriageways, first Expence of, not to be defrayed by

Trustees. _See_ Trustees. Owners.

PAYMENTS of RATES after a Distress upon Occupier, Lodger, 27

&c. to be a sufficient Discharge for so much Rent as

shall be due to the Landlord.

PENALTY for unqualified Persons acting as Trustees, Fifty 3

Pounds.

— to whom to be paid. ibid.

— how and where to be recovered. ibid.

— for the Offices of Clerk and Treasurer being accepted 8

by the same Person or disqualified Parties, One hundred

Pounds. _See_ Trustees.

— for the Offices of Clerk and Treasurer, being accepted ibid.

by the same Person or disqualified Parties, or for the

Treasurers’ accepting another Place of Profit or Trust

under the Trustees, to be recovered with full Costs of

Suit in any of His Majesty’s Courts of Record at

Westminster, by Action of Debt or on the Case, or by

Bill, Suit or Information, without Allowance of Essoign,

Protection or Wager of Law, or of more than one

Imparlance.

— incurred by Clerk for refusing to permit Inspection of 9

the Accounts, not to exceed £10.

— for taking up or breaking Footways, &c. without Consent 10

of Trustees, not to exceed £10.

— for unlawfully extinguishing Lamps. _See_ Lamps.

— for not removing Contamination of Water by Gas, of £10 15

_per Diem_ (proper Notice having been previously given,)

to be paid by the Trustees or Gas Company to the

Secretary or chief Clerk of the Water Works Company, or

else legally recovered with Costs. _See_ Pipes.

— of £5 _per Diem_, for neglecting to use Measures for 17

stopping the Escape of Gas, within Twenty-four Hours

after written Notice shall have been given.

— of £200 for conveying, or causing to be conveyed, Gas 18

Washings, &c. into any River, Stream, Sewer, &c.

— to be paid to any Person or Persons who shall sue for ibid.

the same in any of His Majesty’s Courts, &c.

— no Essoign, Protection of Law, and not more than one ibid.

Imparlance allowed.

— not recoverable, unless sued for within Twelve Calendar ibid.

Months next after an Annoyance.

— of £20 in Addition to the £200 for each and every Day, 19

after a written Notice shall have been given that Gas

Washings &c. are conveyed into any River, &c.

— to be paid to the Informer, &c. or to the Person who ibid.

shall have sustained any Annoyance.

— not exceeding 10_l._ for unlawfully removing Dust. 21

— for certain Nuisances and Annoyances. 24

— for placing Garden-pot or Tub, &c. _See_ Garden-pot.

— for not erecting or placing proper Enclosures to

prevent Accidents, during the Repairs of Houses. _See_

Repairs.

— for keeping Swine. _See_ Swine.

— not exceeding £10 for obstructing Trustees in the 35

Execution of the Act.

— not exceeding £10 on Person or Persons summoned to give ibid.

Evidence before a Justice of Peace, respecting an Offence

punishable under the Act, and failing to attend, &c.

— not exceeding £5 for assaulting a Watchman. 20

— on every Victualler who shall harbour or entertain a ibid.

Watchman during the Time appointed for his being on Duty.

— not exceeding £2 on a Watchman for Misconduct. ibid.

— not exceeding £5 for defacing Names of Streets or ibid.

Numbers of Houses, unless, within Seven Days after a

written Notice shall have been given, the same be

reinstated.

— for wilfully damaging the Pavements, Lamps, Fences, 24

Trees, Walks, &c. &c. in Brompton Square.

— for making, selling, or knowingly purchasing false Keys 25

to the enclosed Area of Brompton Square.

— for not securing Gas Pipes. _See_ Pipes. 13

PENALTIES. All those not before particularly directed, 36

recoverable before any Justice of Peace for Middlesex, on

Complaint made within Six Months after the Commission of

the Offence.

— if not paid on Conviction, to be levied by Distress and 36

Sale of Goods and Chattels of the Offender, by Warrant

under the Hand and Seal of the Justice of the Peace for

Middlesex.

— Money arising from, unless where otherwise directed, to 37

be paid to the Treasurer of the Trustees; and (except

that Part which the Trustees are empowered to dispose of

in Rewards,) to be applied for the Purposes of this Act.

PIGS. _See_ Swine.

PIPES, Gas, not to be affixed to a House, &c. without the 12

Occupier’s Permission.

— Regulations for the laying down of. ibid.

— Penalty for not properly securing, so as to prevent the 13

Escape of Gas, £5

— to be removed from Dwelling Houses, &c. within Seven ibid.

Days next after Service of a written Notice has been

given to the Trustees or Gas Company by the Owners or

Occupiers of such House, &c.

— Expenses of removing Gas Pipes from Dwelling House, to ibid.

be paid by Trustees or Gas Company, and legally recovered

before a Justice of Peace.

— if Water be contaminated by, the Trustees or Gas 14

Company shall, within 24 Hours after receiving proper

Notice from the Water Works Company, take Measures to

remedy such Contamination, under Penalty of 10_l._ for

every Day during which the Water remains contaminated.

PLEAD, Defendant in an Action may plead specially, or 42

General Issue.

PLEASURE GARDEN in the Square. _See_ Owners.

— to be maintained and preserved, subject to Stipulations 21

of Lease.

— Lease of Ground for the laying out of, lawful to be 21

contracted for, by the Trustees in the Names of Five.

— Ground for, to be subject to Stipulations agreed upon ibid.

between the Trustees and William Farlar, his Heirs, &c.

— Lessees of Ground for, their Estate and Interest to ibid.

vest in the Trustees for the Time being.

— to be kept for the exclusive Use of Persons, occupying ibid.

Houses in the Square.

— to be fenced in with substantial Iron Railing, and ibid.

secured with proper Entrance Gates and Locks.

— Access to, to be confined to the Occupiers of Houses in ibid.

the Square.

— Railing, Gales, Locks, Plants, Materials for Gravel 23

Walks of, &c., to be vested in the Trustees during the

Continuance of any Lease of the enclosed Area granted to

them.

POST, Rails, &c. vested in the Trustees. ibid.

PROCEEDINGS of unqualified Persons acting as Trustees in 3

the Execution of the Act, previous to Conviction, to be

good and valid.

— no Proceeding, connected with the Execution of this 39

Act, to be quashed for Want of Form, or removed by any

Writ or Process into any of His Majesty’s Courts of

Record.

— an Entry of, to be signed by the Chairman at the next 32

Meeting. _See_ Names.

PRODUCE of Annuity not to exceed more than One-fifth of 31, 32

the Income which a Sum equal to the Purchase Money would

produce, &c. according to the Rate prescribed by Two Acts

passed in the Reign of His late Majesty, intituled “An

Act to enable, &c.” and “An Act for amending, &c.”

PROMISSORY NOTE, &c. Form of, for Money raised on the 30

Credit of Rates.

— or Form of Security, to be transferrable by 31

Indorsement, &c.

PROVISION, that no Person shall be subject to any Penalty 34

for Rubbish before Houses when repairing.

PUBLIC, this Act to be judicially noticed as such. _See_

Act.

QUARTER SESSIONS. Appeal to, against Decision of 39

Trustees or Justice. _See_ Appeal. Aggrieved.

Justices.

— General, Determination of Justices at, to be final and ibid.

conclusive.

— — Justices at, may amend any Rate, Assessment, or ibid.

Matter of Form, in any Conviction or Proceeding under

this Act.

RAILS. _See_ Posts.

RATE, First, by virtue of the Act, to be for Two 28

Quarters, ending at Christmas, after passing the Act.

RATES, all, to be just and equal. ibid.

— may be amended by the Trustees at any Meeting pursuant ibid.

to the Act.

— every Rate subsequent to the first, shall be for One ibid.

whole Year, commencing, &c.

— to become due immediately upon the making thereof; but ibid.

may be collected in one or several Payments, &c. _See_

Trustees.

— and Monies due in pursuance of the Act, to be vested in ibid.

the Trustees. _See_ Trustees.

— to be paid to such Person or Persons as the Trustees ibid.

shall from Time to Time appoint to receive the same.

_See_ Trustees. Money. Loan. Annuity.

— to be applied, &c. by the Trustees in defraying the ibid.

Expenses of, and incident to, the Execution of this Act,

and otherwise as in, or by, this Act is directed. _See_

Trustees.

— to be levied, upon refusing or neglecting to pay them. 28

— upon Refusal or Neglect to pay any Part, &c. of Rates, ibid.

&c. any Justice for the County is empowered (after due

Notice, &c. issued,) to grant a Warrant. _See_ Warrant.

— Arrears &c. to be levied with incidental Costs, &c. by ibid.

Distress of the Goods, &c. of Persons neglecting or

refusing to pay.

— &c. if not paid within Five Days after Distress shall ibid.

be taken,—Goods and Chattels sufficient to pay the said

Rates, &c. to be appraised and sold.

— Overplus, if any, to be returned to the Owner. ibid.

— &c. In Default of a Distress, &c. the Person or ibid.

Persons to be committed to the Common Gaol, &c. there to

remain without Bail for any Time not exceeding Six

Calendar Months, unless, &c.

— for Houses let out furnished, or in Lodgings, &c. how 26

to be charged.

— to be made by the Trustees on Tenants and Occupiers of 25

all Lands, Houses, Shops, Coach Houses, Stables,

Erections, Buildings, and Tenements within the

Jurisdiction of the Act.

— to be just and equal Pound Rates, according to the ibid.

annual Rent or Value of the Premises assessed.

— to appear distinctly in each, what Part shall be raised ibid.

in respect of Costs and Expenses.

— not to exceed, in any one Year, 2_s._ in the Pound of 26

the annual Rent or Value of the Property rated, except

after a Lease of the enclosed Area shall have been

obtained.

— in respect of Houses in the Square, after a Lease of ibid.

the enclosed Area shall have been obtained, not in any

one Year to exceed 2_s._ 6_d._ in the Pound of the Rent

or annual Value.

— in making, Stables and other Buildings belonging to 26

Houses in the Square, not to be rated as separate

Buildings.

— to facilitate the making of, Trustees, or those ibid.

appointed by them, may examine Books of Assessment

affecting Houses, &c. within the Jurisdiction of the Act.

— Persons exempted from the Payment of; how the Rates of ibid.

Houses occupied by such Persons are to be charged. _See_

Ambassador.

— Persons rated under this Act not liable, in respect of 42

the same Premises, to any general Rate for paving,

lighting, or watching any Part of Kensington, or any

particular Street, Road, or Place.

— Persons aggrieved by, may appeal after Payment. _See_ 38

Appeal.

— Payment of, to be made before it is appealed against. ibid.

— Assessment, or any Matter of Form in any Conviction or 40

Proceeding, connected with the Execution of the Act, may

be amended by the Justices at the Quarter Sessions.

RECOGNISANCE, Justice empowered to take Security for 36

Appearance of Offenders by. _See_ Justice.

— to be entered into before a Justice of Peace by ibid.

Appellants against Decision of Trustees. _See_ Appeal.

RECOVERY of Costs. _See_ Costs.

RENT, Rates. _See_ Landlord. Occupier. Payment of

Rates.

— of Lease for Pleasure Garden, not in the whole, at any 22

one Time, to exceed £30 per Annum.

— of Ground for Pleasure Garden to be paid out of Rates ibid.

made by virtue of the Act.

— of Room or Building engaged by Trustees for transacting 41

Business, to be paid out of the Money raised by virtue of

the Act.

REPAIRS, Houses or Buildings under Repair to be properly 34

enclosed, and convenient Space left for Carriages, &c. to

pass, &c. with Ease and Safety.

— to prevent Accidents from, a Light to be kept up from ibid.

Sun-set to Sun-rise.

— when finished, all Rubbish, Building Materials, &c. to ibid.

be removed within a reasonable Time.

— Houses, &c. under Repair, if not properly enclosed and 35

sufficient Light kept up from Sun-set to Sun-rise, to

prevent Accidents, Notice having first been given by the

Clerk of the Trustees to the Party offending,—Penalty not

exceeding £10

RIDING, &c. _See_ Horse.

ROOM or Building may be hired by Trustees for Transaction 41

of Business relating to the Act. _See_ Trustees.

SATISFACTION being made to the Trustees by an Officer, 6

having before refused to give or deliver up to the

Trustees proper Accounts or Vouchers respecting Monies,

&c. and having been committed to Prison,—to be released.

SECURITY, Form of, for Money borrowed on the Credit of 30

Rates.

— sufficient, to be given to the Justice of Peace for the 36

Appearance of Offenders convicted under this Act. _See_

Justice.

SERVING of Notices, how to be executed. _See_ Justices. 41, 42

SEWERS, Commissioners of, for Westminster and Part of 43

Middlesex, their Rights and Authorities not to be

prejudiced by this Act.

SPECIAL MEETINGS. _See_ Meetings.

SPECIAL PLEADING of this Act, not necessary to its being 44

judicially noticed as a Public Act.

STABLES, Coach Houses, &c. not to be rated as separate 26

Buildings. _See_ Rates.

STALL, Stall Board, Basket, Goods, Wares, Merchandize, 33

Penalty not exceeding £5 for placing them within the

Jurisdiction of the Act.

SUIT. _See_ Action.

SUMMONED, the Person or Persons to give Evidence before 35

any Justice of Peace respecting an Offence punishable

under the Act failing to attend, &c. and Qualification

respecting Excuse.—Penalty not exceeding £10.

SUMMONS. _See_ Notice.

SURETIES, Two necessary for an Appellant against Decision 39

of Trustees or Justice; they must be conditioned to try

such Appeal at, abide the Order of, pay the Costs

awarded, and pay the Penalty of a Conviction, if

affirmed. _See_ Appeal.

SWINE, Penalty not exceeding £5 for keeping or breeding 34

within the Jurisdiction of the Act.

TENDER of sufficient Amends to Parties aggrieved, to 42

prevent the Commencement of an Action. _See_ Action.

TRANSACTION of Business, Room or Building may be hired 41

for. _See_ Trustees.

TREASURER to be appointed, and how. 5

— &c. not to be Clerk. _See_ Trustees. 7

— his Death or Removal, no Ground for the Discontinuance 40

of an Action.

— to be deemed Plaintiff or Defendant in an Action, but ibid

not personally answerable for Damages. _See_ Damages.

— competent Witness in an Action, though nominal ibid.

Plaintiff or Defendant.

— to accept no Place of Profit or Trust under the 8

Trustees, under Penalty of One hundred Pounds. _See_

Penalty.

TRUSTEES, how to be described in Actions. 24

— Qualification of. 2

— may appoint or remove Officers, and regulate their 5

Salaries.

— present at Meetings, empowered to act for themselves, ibid.

and for those who are absent.

— to cause to be entered in a Book, kept for the Purpose, 32

the Names and Proceedings at Meetings.

— may not appoint their Clerk or his Partner, or anyone 7

employed by him, to be their Treasurer; nor their

Treasurer, his Partner, or any one employed by him, to be

their Clerk.

— to cause their Clerk to keep a Book of Accounts of the 8

Money received and expended on account of the Act; which

Book or Books shall be open to the gratuitous Inspection

of Trustees and Persons rated under the Act.

— their Jurisdiction defined. 9

— may compel Parties breaking up the Footways, &c. to pay 10

the Expense of their Reparation. _See_ Footways.

— to cause Lamp Posts, &c. to be set up. _See_ Lamps. 11

— to repair Damage done by fixing of Lamps. _See_ Lamps. ibid.

— to cause Nuisance from Gas to be removed. _See_ Pipes. 14

— Gas Light Company, &c. to bear the Costs of searching 16

and digging, when Water is contaminated by an Escape of

Gas. _See_ Notice, Costs, Expenses, Examination, Damage,

Penalty, and Justice.

— to appoint Watchmen, and to determine respecting their 19

Wages and Hours of watching.

— to provide Arms, Clothing, Watch Boxes. ibid.

— to provide a Watch House. ibid.

— to appoint when the Gates of the Square are to be 21

closed, and when to be opened.

— to contract with Persons to cleanse the Carriageways, ibid.

and to take away Dust, Cinders, &c.

WATCH BOXES to be provided and set up where the Trustees 18

shall appoint.

— Arms, Clothing for Watchmen, &c. vested in the 23

Trustees.

WATCH HOUSE, for the Custody of Persons apprehended by 18

the Watchman while on Duty.

WATCHMEN to be appointed to patrol, &c. Places within ibid.

the Jurisdiction of the Act.

— to have the Charge of the Keys of the Gates at the 21

Entrance of the Square. _See_ Gates.

WATER, if contaminated by any Escape of Gas, the Costs of 15

searching and digging, &c. to be borne by the Trustees,

Gas Light Company, &c.

WATER WORKS COMPANY, lawful for them to dig to and about, 14

&c. all the Pipes, &c. to remove the Contamination of the

Water by Gas. _See_ Pipes.

— of Chelsea, West Middlesex, and Grand Junction, their 43

respective Rights and Powers, &c. not to be prejudiced by

this Act.

WHEELBARROW, &c. _See_ Coach.

WITNESS.—Trustee or Occupier of House within Jurisdiction 40

of this Act may be a competent Witness in any Action

relating to the Execution of it, &c. _See_ Trustees.

Inhabitant.

— Clerk or Treasurer may be a competent one, though 41

nominally Plaintiff or Defendant. _See_ Clerk,

Treasurer.

ANNO QUINTO

GEORGII IV. Regis.

_Cap._ cviii.

An Act to provide for the paving, gravelling, lighting, and watching

certain Footways and Carriageways in and near _Brompton Square_ in the

Parish of _Saint Mary Abbotts Kensington_ in the County of _Middlesex_;

and to provide for the Maintenance of a Garden and Shrubbery in the said

Square. [4th _June_ 1824.]

WHEREAS _William Farlar_ of _Brompton_ in the County of _Middlesex_,

Esquire, claims to be seised of a Piece of Freehold Land at _Brompton_,

in the Parish of _Saint Mary Abbotts Kensington_, in the County of

_Middlesex_, which abuts South on the Turnpike Road from _Knightsbridge_

to _Fulham_, West on Land belonging to the Trustees of _Saint George’s_

Hospital, North on Land now or lately belonging to the Heirs of the late

Duke of _Kingston_, and East on Ground now or lately belonging to _Elisha

Biscoe_, and a Road leading to _Brompton_ Chapel: And whereas a Square

called _Brompton Square_, and also divers Streets and public Places, have

in part been laid out and formed, and are intended to be speedily

completed on the said Piece of Land; and it would be beneficial to the

Owners and Occupiers of Houses in the said Square, Streets, and public

Places, and also be of public Advantage, to provide by Law for the

paving, gravelling, watering, lighting, and watching of the said Square,

Streets, and public Places, and for the Maintenance of a Pleasure Garden

in the said Square: May it therefore please Your Majesty that it may be

enacted; and be it enacted by the King’s most Excellent Majesty, by and

with the Advice and Consent of the Lords Spiritual and Temporal, and

Commons, in this present Parliament assembled, and by the Authority of

the same, That the Limits of this Act shall for all the Purposes thereof

be deemed and taken to comprize all the Land of which the said _William

Farlar_ claims to be seised as aforesaid, and all Messuages, Erections,

and Buildings thereon.

II. And be it further enacted, That every Person who now is or for the

Time being shall be in his own Right or in the Right of his Wife in the

actual Possession, or in the Receipt of the Rents and Profits of a

Dwelling House or other Tenement within the Limits of this Act, of the

clear yearly Value of Forty Pounds above Reprisals, and also every Person

who now is, or, for the Time being, shall be, actually and _bonâ fide_ an

Occupier of a Dwelling House rated or liable to be rated by virtue or for

the Purposes of this Act, shall be and they respectively are hereby

constituted Trustees for putting this Act into Execution, and the said

Trustees shall be called and known as “The Trustees for regulating and

improving _Brompton Square_, and certain adjacent Places.”

III. Provided always, and be it further enacted, That no Person shall be

capable of acting as a Trustee in the Execution of this Act, except in

administering the Oath herein-after mentioned (which Oath any One of the

said Trustees is hereby authorized to administer at any Meeting which

shall be held pursuant to this Act), until such Person shall have taken

and subscribed an Oath to the Effect following: that is to say,

‘I — — do swear, That I truly and bonâ fide am in my own Right [or in

the Right of my Wife] in the actual Possession [or in the Receipt of

the Rents and Profits] of a Dwelling House or other Tenement of the

clear yearly Value of Forty Pounds above Reprises [or that I am an

Occupier of a Dwelling House rated or liable to be rated by virtue

and for the Purposes and] within the Limits of an Act of the Fifth

Year of the Reign of King _George_ the Fourth, intituled [_set forth

the Title of this Act_.]

‘So help me GOD.’

And if any Person not being qualified as aforesaid, or not having taken

and subscribed the Oath herein-before mentioned, shall presume to act as

a Trustee in the Execution of this Act, every such Person for every such

Offence shall forfeit and pay the Sum of Fifty Pounds to any Person or

Persons who shall sue for the same, to be recovered with full Costs of

Suit in any of His Majesty’s Courts of Record at _Westminster_, by Action

of Debt or on the Case, wherein no Essoign, Protection, or Wager of Law,

and not more than One Imparlance, shall be allowed; and every Person

against whom any such Action shall be brought shall prove that he was at

the Time of acting qualified as aforesaid, or shall pay the said Penalty,

without any other Proof on the Part of the Plaintiff than that such

Person acted as a Trustee in the Execution of this Act: Provided always

nevertheless, that all Acts and Proceedings of any Person acting as a

Trustee in the Execution of this Act, though not qualified as aforesaid,

previous to his being convicted, shall notwithstanding such Conviction be

as good, valid, and effectual as if such Person had been duly qualified.

IV. And be it further enacted, That the said Trustees shall hold their

First Meeting for executing this Act on the Fourth _Monday_ next after

the passing of this Act, at the _Grapes Tavern_ at _Brompton_ aforesaid,

if then open, and if not, then at some other House or Place in the said

Parish of _Saint Mary Abbotts Kensington_, between the Hours of Nine and

Eleven in the Forenoon, and may then and from Time to Time afterwards

adjourn to such Time or Times, and to such Place or Places within the

said Parish, as the Majority of the Trustees present at any Meeting shall

from Time to Time appoint; and that Notice of every such adjourned

Meeting shall be delivered or left at each Dwelling House within the

Limits of this Act, Two Days at the least previously to every such

Meeting; and if at any Time appointed for a Meeting Five or more Trustees

shall not appear within One Hour after the Time appointed for first

assembling, any One or more of the said Trustees then present may adjourn

the Meeting to another Day; and in every Case of Neglect or Omission to

adjourn (either by reason of the Non-attendance of any Trustee or

otherwise), and also whenever any Three or more Trustees shall deem it

necessary to have a Special Meeting before the Day of Adjournment, any

Three or more of the said Trustees, or their Clerk, may call a Meeting at

the Place where the last Meeting was held, by a Notice similar to the

Notice directed to be given of adjourned Meetings; and that the said

Trustees shall at all their Meetings defray their own Expences, except

any Sum not exceeding Ten Shillings a Day for the Use of the Room wherein

they shall meet; and at every Meeting of the said Trustees the Majority

present at the Hour appointed for first assembling shall appoint One of

the Trustees to act as a Chairman; and all Orders and Determinations of

the Trustees shall be made at Meetings to be held pursuant to this Act

and not otherwise; and no Order or Determination shall be made at any

such Meeting, unless a Majority of the Trustees present shall concur

therein, except in Cases where there shall be an Equality of Votes, when

the Chairman (in addition to his own Vote as a Trustee) shall have a

casting Vote; and all Acts, Orders, and Proceedings relating to this Act,

which are hereby authorized or directed to be made, done, or executed by

or before the said Trustees, and all the Powers and Authorities vested in

them generally, may be made, done, and executed by the Majority of the

Trustees present at the respective Meetings to be held pursuant to this

Act (the whole Number present not being less than Five), and all such

Acts, Orders, and Proceedings shall have the same Force and Effect as if

the same were made, done, or executed by or before all the Trustees; and

no Order or Determination made, agreed upon, or entered into at any

Meeting of the said Trustees shall be revoked or altered at any

subsequent Meeting, unless Notice of the Intention to propose such

Revocation or Alteration shall have been given by Three or more Trustees,

by Writing under their Hands, to the Trustees at a previous Meeting, nor

unless such Revocation or Alteration shall be agreed to by a greater

Number of Trustees than concurred in the making of the Order or

Determination which it shall be proposed to revoke or alter.

An Act to Provide for the Paving, Gravelling, Lighting, and Watching Certain Footways and Carriageways in and Near Brompton Square In the Parish of Saint Mary Abbotts Kensington, in the County of Middlesex and to Provide for the Maintenance of a Garden and Shrubbery in the Said Square. · 第 1 / 5 段