Time, by Writing under their Hands, appoint a Treasurer and Clerk, and
also a Collector of the Rates to be made as herein-after mentioned, and
may also from Time to Time appoint or employ such other Officers and
Persons as they shall think necessary in the Execution of this Act; and
the said Trustees may from Time to Time remove such Officers and Persons
respectively, or any of them, and upon the Death, Resignation, or Removal
of such Officers and Persons respectively, or any of them, may appoint
others in their Stead, and may out of any Money to be raised or collected
by virtue of this Act make such Allowances as they shall think proper
unto such Officers and Persons respectively; and all such Officers and
Persons respectively shall, at such Times and in such Manner as shall be
directed by the said Trustees, deliver to the said Trustees, or to such
Person or Persons as they shall nominate, true and perfect Accounts in
Writing of all their Receipts and Payments by virtue of this Act, with
proper Vouchers for the Payments, and shall pay all such Monies as shall
appear to be in their Hands or owing by them respectively unto the said
Trustees, or to such Person or Persons as they shall nominate, within
such Time as the said Trustees shall appoint; and if any such Officer or
Person shall refuse or neglect to deliver to the said Trustees, or to
such Person or Persons as they shall nominate, such an Account as
aforesaid, or to deliver up the Vouchers relating to the same, or to make
Payment as aforesaid, or if any such Officer or Person shall not deliver
up to the said Trustees, or to such Person or Persons as they shall
nominate, all Books, Papers, and Writings in his Custody or Power
relating to the Execution of this Act, within Seven Days after being
thereto required by a Notice in Writing signed by Three or more of the
said Trustees, and left at his last or usual Place of Abode, then and in
every such Case, upon Complaint being made thereof by or on behalf of the
said Trustees to any Justice of the Peace, such Justice is hereby
required to issue a Summons or Warrant for bringing such Officer or
Person before him, and upon his appearing or not being to be found to
hear and determine the Matter of such Complaint in a summary Way, and to
examine and adjust the said Account or Accounts if produced; and if upon
the Confession of the Officer or Person against whom the Complaint shall
be made, or by the Oath of any credible Witness or Witnesses, or upon
Inspection of the said Accounts if produced, it shall appear to such
Justice that any Money which shall have been collected or received by
virtue of this Act, shall be in the Hands of or be owing from such
Officer or Person, such Justice is hereby authorized and empowered
forthwith, on Nonpayment thereof, by a Warrant under his Hand and Seal to
cause such Money to be levied by Distress and Sale of the Goods and
Chattels of such Officer or Person respectively; and if no Goods and
Chattels shall be found sufficient to answer and satisfy the said Money,
and the Charges of making and selling such Distress, or if it shall
appear to such Justice that any Officer or Person shall have refused or
neglected to render such Account as aforesaid, or to deliver up the
Vouchers relating thereto, or that any Books, Papers, and Writings
relating to the Execution of this Act shall be in the Custody or Power of
such Officer or Person, then such Justice shall forthwith commit such
Officer or Person to the Common Gaol or House of Correction, there to
remain without Bail or Mainprize, in case he shall be committed for
Nonpayment of any Money, until he shall have accounted for and paid the
full Amount thereof, or compounded with the said Trustees in respect
thereof, or in case he shall be committed for not delivering any Books,
Papers, Writings, or Vouchers as aforesaid, until he shall have delivered
up such Books, Papers, Writings, and Vouchers respectively, or made
Satisfaction in respect thereof to the said Trustees; but no Person who
shall be committed for want of sufficient Distress, shall be detained in
Prison by virtue of this Act for any longer Term than Six Calendar
Months.
VI. Provided always, and be it further enacted, That it shall not be
lawful for the said Trustees to appoint the same Person who may be
appointed their Clerk in the Execution of this Act, or the Partner or any
Person in the Service or Employ of any such Clerk, to be the Treasurer
for the Purposes of this Act, or to appoint the Person who may be
appointed Treasurer, or the Partner or any Person in the Service or
Employ of any such Treasurer, to be the Clerk to the said Trustees; and
if any Person shall accept both the Offices of Clerk and Treasurer for
the Purposes of this Act, or if any Person, being the Partner or in the
Service or Employ of any such Clerk, shall accept the Office of
Treasurer, or being the Partner or in the Service or Employ of any such
Treasurer, shall accept the Office of Clerk in the Execution of this Act,
or if any such Treasurer shall accept any Place or Office of Profit or
Trust under the said Trustees, other than that of Treasurer, every such
Person so offending shall for every such Offence forfeit and pay the Sum
of One hundred Pounds to any Person or Persons who shall sue for the
same, to be recovered, with full Costs of Suit, in any of His Majesty’s
Courts of Record at _Westminster_, by Action of Debt or on the Case, or
by Bill, Suit, or Information, wherein no Essoign, Protection, or Wager
of Law, and not more than One Imparlance, shall be allowed.
VII. And be it further enacted, That the said Trustees shall and they
are hereby required to order and direct a Book or Books to be provided
and kept by their Clerk for the Time being, in which Book or Books such
Clerk shall enter or cause to be entered true and regular Accounts of all
Sums of Money received, paid, laid out, and expended for or on account of
this Act, and of the several Articles, Matters, and Things for which such
Sums of Money shall have been disbursed, laid out, and paid, which Book
or Books shall at all seasonable Times be open to the Inspection of the
said Trustees or any Person or Persons rated or assessed for the Purposes
of this Act, without Fee or Reward; and the said Trustees, or Persons
assessed as aforesaid, or any of them, may take Copies of or Extracts
from the said Book or Books, or any Part or Parts thereof, without paying
any thing for the same, and in case the said Clerk shall refuse to permit
or shall not permit the said Trustees or either of them, or any Person
rated or assessed as aforesaid, to inspect such Book or Books, or to take
such Copies of or Extracts from the same as aforesaid, when required,
such Clerk shall for every such Offence forfeit and pay a Sum not
exceeding Ten Pounds.
VIII. And be it further enacted, That all the Footways and Carriageways
now formed and which hereafter shall be formed in the said Square, and
all other Footways and Carriageways which now are or hereafter may be
laid out and formed in or upon the said Piece of Land belonging to the
said _William Farlar_, and also the Footway next the Turnpike Road, such
Footway extending from the Entrance of the Mews behind _Brompton Row_,
and behind the East Side of the said Square, Westward along the South End
of the said Square and in front of _Brunswick Place_, to the Entrance of
_Cottage Place_, and the Mews behind the West Side of the said Square,
and also all the Houses and Buildings now erected and which hereafter
shall be erected upon the said Piece of Land belonging to the said
_William Farlar_, shall be deemed to be within the Jurisdiction of this
Act; and that it shall be lawful for the said Trustees to cause all the
said Footways and Carriageways to be properly formed, paved, or
gravelled, amended and kept in repair, upon such Levels and in such
Manner and with such Materials as they shall judge necessary, and to
cause the said Carriageways to be cleansed and watered, and Drains,
Sinks, and Watercourses to be made for conveying the Water off and from
the said Footways and Carriageways, and Posts and Rails or Chains to be
set up for the Protection and Preservation of the Foot Pavements or any
Part thereof, and to cause to be done or made all such Works,
Alterations, and Improvements in and about the said Footways and
Carriageways as the said Trustees shall from Time to Time deem necessary
and proper for the making, maintaining, and supporting the same; and if
any Person or Persons shall dig, break, or take up the said Footways or
Carriageways, or any Part thereof, without the Consent of the said
Trustees, or of some Person empowered by them to give such Consent, every
such Person shall for every such Offence forfeit and pay a Sum not
exceeding Ten Pounds.
IX. And be it further enacted, That if and as often as any of the
Footways or Carriageways within the Jurisdiction of this Act, or any Part
or Parts thereof, shall be dug up, opened, or disturbed for the Purpose
of laying down, altering, repairing, renewing, or removing any Pipe or
Pipes, or for any other Purpose whatsoever, then and in every such Case
all and every the Works, Business, and Matters for or in respect whereof
such Footways or Carriageways respectively, or any Part or Parts thereof,
shall be so dug up, opened, or disturbed, shall be executed and completed
with all possible Expedition, and in every such Case (whether such
Footways or Carriageways shall be so dug up, opened, or disturbed with or
without the Consent of the said Trustees) the Company or Companies,
Person or Persons respectively, who from Time to Time shall cause or
direct the said Footways or Carriageways, or any Part or Parts thereof
respectively, to be so dug up, opened, or disturbed, shall at their own
Costs and Charges cause the same to be forthwith well and substantially
filled up, rammed down, repaired, and gravelled, and put into as good,
sound, and perfect a State and Condition in all respects as the said
Footways and Carriageways respectively were in immediately before the
same being so dug up, opened, or disturbed; and in case any such Company
or Companies, Person or Persons, shall neglect or refuse so to do for the
Space of Twenty-four Hours next after the Completion of the Works,
Business, or Matters in respect whereof the same shall be so dug up,
opened, or disturbed, it shall be lawful for the said Trustees to cause
such Footways and Carriageways respectively to be forthwith well and
substantially filled up, rammed down, repaved, gravelled, and put into
such good, sound, and perfect Condition as aforesaid; and all the Costs,
Charges, and Expences thereof shall be repaid to the said Trustees by the
Company or Companies, Person or Persons respectively, who shall have
caused or directed the same Footways or Carriageways respectively to be
so dug up, opened, or disturbed; and unless all such Costs, Charges, and
Expences shall be so repaid to the said Trustees (on Demand made thereof
by the Clerk or Collector for the Time being appointed or employed by the
said Trustees), then all such Costs, Charges, and Expences may be
recovered from the Company or Companies, Person or Persons, hereby made
liable to repay the same as aforesaid, in the same Manner as any Penalty
or Forfeiture incurred under the Provisions contained in this Act may be
levied or recovered before any Justice of the Peace.
X. And be it further enacted, That it shall be lawful for the said
Trustees from Time to Time to cause such Lamp Posts, Lamp Irons, and
Lamps to be set up in or about the Footways and Carriageways within the
Jurisdiction of this Act, or upon or against the Walls or Palisadoes of
or belonging to any adjoining or contiguous House or Building, as they
shall deem necessary for lighting the said Footways and Carriageways, and
to cause such Lamps to be lighted with Oil or Gas during such Hours and
Seasons as they shall from Time to Time deem necessary or proper; and if
any Person or Persons shall extinguish the Light in any such Lamp whilst
the same ought to be kept burning, every such Person shall for every such
Offence forfeit and pay a Sum not exceeding Five Pounds: Provided always,
that if any Damage shall be occasioned to any Building or Wall, or to any
Rails or Palisadoes, by the affixing, setting up, taking down, altering,
or repairing any such Lamp or Lamp Iron, or the Fastenings thereof, the
said Trustees shall immediately cause such Injury or Damage to be well
and sufficiently repaired, and the Expence thereof shall be paid out of
any Money which shall be raised under the Authority of this Act: Provided
also, that nothing herein contained shall authorize the said Trustees to
cause any Pipe or Pipes for the Conveyance of Gas to be affixed or
continued upon or against any House or Building, except it be with the
Consent of the Occupier of such House or Building.
XI. And be it further enacted, That all Pipes and other Conduits to be
laid or used for the Conveyance of Gas in, under, through, along, across,
or round the said Square called _Brompton Square_, or any other Place
within the Jurisdiction of this Act, shall be laid at the greatest
practicable Distance from any Water Pipe now or for the Time being laid
down for the Conveyance of Water under, through, along, across, or round
the said Square, or any such other Place as aforesaid, except in Cases
where it shall be unavoidably necessary to lay the Gas Pipes across any
of the Water Pipes, in which Case the Gas Pipes shall be laid over and
above the Water Pipes at the greatest practicable Distance therefrom, and
shall form therewith a Right Angle, and in that Case the Gas Pipes so
crossing the Water Pipes shall be at the least Six Feet in Length, so
that no Joint of any such Gas Pipe shall be nearer to any Part of any
such Water Pipes than Three Feet at the least; and in laying down the Gas
Pipes, the said Trustees, or the Company, Contractor, or other Person or
Persons supplying Gas or laying down Pipes for the Conveyance thereof,
shall in no Case join Two or more Pipes together previously to their
being laid in the Trench, but shall lay each Pipe as nearly as may be in
its Place in the Trench, and shall in such Trench properly form the
Jointing with the other Pipes to be added thereto with proper and
sufficient Material, and shall also make and keep all and every such
Trench and all Pipes connected or communicating therewith and all the
Screws Joints, Inlets, and Apertures therein respectively, air-tight, and
in every respect prevent the Gas from escaping therefrom, upon pain of
forfeiting for every Offence the Sum of Five Pounds.
XII. And be it further enacted, That in case any Pipe, Cock, or Branch
shall in pursuance of the Powers herein contained be carried or laid from
any Main or Pipe belonging to the said Trustees, or to any Gas Light
Company, or other Person or Persons contracting to light or lighting with
Gas the said Square or any other Place within the Limits or Jurisdiction
of this Act, into, through, or against any private Dwelling House,
Building, Yard, or Ground, for any Purpose whatsoever, and the Owner or
Occupier of any such private Dwelling House, Building, Yard, or Ground
shall be desirous that the same Pipe, Cock or Branch, shall be altered or
removed and taken away, and of such Desire shall give Notice in Writing
to the said Trustees, or to such Gas Light Company, or other Person or
Persons so contracting to light or lighting with Gas as aforesaid, then
and in every such Case the said Trustees, or such Gas Light Company, or
other Person or Persons so contracting to light or lighting with Gas as
aforesaid, shall within Seven Days next after the Service of such Notice
at the usual Office or Place of transacting Business of the said
Trustees, Gas Light Company, or other such Person or Persons as aforesaid
respectively, alter or remove and take away, or cause to be altered or
removed and taken away, all or any such Pipes, Cocks, and Branches
respectively, and in default thereof it shall be lawful for such Owner or
Occupier, or any Person or Persons acting under the Authority of such
Owner or Occupier, to cause such Pipes and Branches respectively to be
altered or removed and taken away, as the Case may require; and all the
Costs and Expences of and incident to every such Alteration or Removal
shall be paid by the said Trustees, or by such Gas Light Company, or
other Person or Persons contracting to light or lighting with Gas as
aforesaid, and may be recovered in the same Manner as any Penalty or
Forfeiture which shall be incurred under the Provisions contained in this
Act may be levied or recovered, before a Justice of the Peace.
XIII. And be it further enacted, That whenever the Water which shall be
supplied by any Water Works Company, or Company established for the
Supply of Water, shall be contaminated or affected in any way whatsoever
by the Gas of the said Trustees, or of any Gas Light Company, or other
Person or Persons contracting to light or lighting with Gas the said
Square called _Brompton Square_, or any other Place or Places within the
Jurisdiction of this Act, then and in every such Case the said Trustees,
Gas Light Company, or other Person or Persons so contracting to light or
lighting with Gas as aforesaid, shall, within Twenty-four Hours next
after Notice thereof in Writing, signed by any One of the Directors, or
by the Secretary or Chief Clerk for the Time being of any such Water
Works Company, and left at the usual Office or Place of transacting
Business of the said Trustees, Gas Light Company, or other Person or
Persons contracting to light or lighting with Gas as aforesaid, cause
Measures to be taken effectually to stop and prevent such Gas from
contaminating or affecting the Water of any such Water Works Company; and
in case the said Trustees, Gas Light Company, or other Person or Persons
contracting to light or lighting with Gas as aforesaid, shall not, within
Twenty-four Hours next after each and every such Notice so left as
aforesaid, effectually remove the Cause of every such Complaint, and
prevent all and every such Contamination whereof Notice shall be given as
aforesaid, then and in every such Case the said Trustees, or such Gas
Light Company, or other Person or Persons contracting to light or
lighting with Gas as aforesaid, shall on each and every Complaint whereof
Notice shall be given as aforesaid forfeit and pay to the Secretary or
Chief Clerk of such Water Works Company, for the Use and Benefit of such
Company, the Sum of Ten Pounds for each and every Day during which the
Water supplied by any such Water Works Company shall be and remain
contaminated or affected by the Gas of the said Trustees, Gas Light
Company, or other Person or Persons contracting to light or lighting with
Gas as aforesaid; and every such Penalty or Forfeiture shall and may be
levied and recovered for the Use of such Water Works Company, in the same
Manner as any other Penalty or Forfeiture which shall be incurred under
the Provisions contained in this Act may be levied and recovered before a
Justice of the Peace, with Costs, to be assessed by such Justice.
XIV. And whereas it may be or become a Question upon such Complaint as
aforesaid whether the said Water be contaminated or affected by the Gas
of the Trustees, Gas Light Company, or other Person or Persons so
contracting to light or lighting with Gas the said Square, or such other
Place or Places as aforesaid; be it therefore enacted, That in every such
Case it shall be lawful for any such Water Works Company at aforesaid to
dig to and about, and to search and examine all or any of the Mains,
Pipes, Conduits, and Apparatus of the said Trustees, Gas Light Company,
or other Person or Persons contracting to light or lighting with Gas as
aforesaid, for the Purpose of ascertaining whether such Contamination
proceed or be occasioned by the Gas of the said Trustees, or of each Gas
Light Company, or other Person or Persons; and if it shall appear that
the said Water has been contaminated or affected by any Escape of Gas,
then and in every such Case the Costs and Expences of the said Digging,
Search, and Examination, and of the Repair of the Pavement of the Street
or Place which shall be taken up or disturbed, shall be borne and paid by
the said Trustees, Gas Light Company, or other Person or Persons by whose
Gas the said Water shall be so contaminated as aforesaid, which Costs and
Expences shall be ascertained and determined (if necessary) by any
Justice of the Peace, and may be levied and recovered in the same Manner
as any Penalty or Forfeiture which shall be incurred under the Provisions
contained in this Act may be recovered before a Justice of the Peace:
Provided always, that if upon such Examination it shall appear that such
Contamination has not arisen from any such Escape of Gas from any of the
Mains, Pipes, or Conduits of the said Trustees, Gas Light Company, or
other Person or Persons contracting to light or lighting with Gas as
aforesaid, then and in every such Case the Water Works Company by whom or
on whose Behalf such Examination and Search shall be made shall bear and
pay all the Costs, Charges, and Expences of and incident to such
Examination and Search, and shall also make good to the said Trustees,
Gas Light Company, or other Person or Persons so contracting to light or
lighting with Gas as aforesaid, any Loss, Injury, or Damage which may be
occasioned to the Mains, Pipes, Conduits, or Apparatus of the said
Trustees, Gas Light Company or other Person or Persons as aforesaid, in
and by such Search and Examination, and also any Injury or Damage which
may be done in or about any of the Footways or Carriageways which shall
be broken up or disturbed in such Search or Examination; the Amount of
such Injury, Loss, or Damage to be ascertained and determined, if
necessary, by any such Justice of the Peace as aforesaid.
XV. And be it further enacted, That whenever any Gas shall be found to
escape from any Pipe or Pipes which shall be laid down, set up, or used
in or about the lighting _Brompton Square_, or any other Place or Places
within the Jurisdiction of this Act, the said Trustees, or the Gas Light
Company, or other Person or Persons contracting to light or lighting with
Gas the said Square, or such other Place or Places as aforesaid, shall,
immediately after Notice given to them or him respectively, by Parol or
in Writing, of any such Escape of Gas, from any Person or Persons
whomsoever, cause the most speedy and effectual Measures to be taken to
stop and prevent such Gas from escaping; and in case the said Trustees,
Gas Light Company, or other Person or Persons so contracting to light or
lighting with Gas the said Square or other Place or Places respectively,
shall not, within Twenty-four Hours next after such Notice given,
effectually stop and prevent any future Escape of Gas, and wholly and
satisfactorily remove the Cause of Complaint, then and in every such Case
the said Trustees, or the Gas Light Company, or other Person or Persons
so contracting to light or lighting with Gas as aforesaid, shall for
every such Offence forfeit and pay the Sum of Five Pounds for each Day
after the Expiration of Twenty-four Hours from the Time of giving any
such Notice, during which the Gas shall be suffered to escape as
aforesaid; which Penalty or Penalties shall from Time to Time be
recoverable in a summary Way, in the same Manner as any other Penalty or
Forfeiture which shall be incurred under the Provisions contained in this
Act may be recovered.