V. And be it further enacted, That the said Trustees shall from Time to

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.

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 2 / 5 段