Light Company, or other Person or Persons whomsoever 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, shall at any
Time drain, carry, or convey, or cause or suffer to be drained, carried,
or conveyed, or to run or flow, any Washings or other Liquid, or any
other Matter or Thing whatsoever which shall arise or be made in or about
the Prosecution of their Gas Works or the Manufacture of Gas, into the
River _Thames_, or any other River, or into any Brook, Stream, Reservoir,
Canal, Aqueduct, Waterway, Feeder, Pond, or Spring Head, or into any
Drain, Sewer, or Ditch communicating with any of them, or shall do any
Annoyance, Act, or Thing to the Water contained in any of them whereby
such Water or any Part thereof shall or may be soiled, fouled, or
corrupted, 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 the said Square, or such other Place or Places as
aforesaid, shall for every such Offence forfeit and pay the Sum of Two
hundred Pounds to any Person or Persons who shall sue for the same 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; Provided always, that no such
Penalty or Forfeiture shall be recoverable, unless the same be sued for
within Twelve Calendar Months next after such Annoyance, Injury, Damage,
Act, or Thing shall have ceased: Provided also, that in addition to the
said Penalty of Two hundred Pounds (and whether such Penalty shall or
shall not be sued for or recovered), in case any Washings or other
Liquid, or any other Matter or Thing whatsoever which shall arise or be
made in or about the Prosecution of such Gas Works, or the Manufacture of
Gas as aforesaid, shall be drained, conducted, or conveyed, or caused or
suffered to run or flow into the said River _Thames_, Or any other River,
or into any Brook, Stream, Reservoir, Canal, Aqueduct, Waterway, Feeder,
Pond, or Spring Head, or into any Drain, Sewer, or Ditch, communicating
with any of them, or if any such Annoyance, Act, or Thing shall be done
or caused to be done as aforesaid, and Notice thereof in Writing shall be
given by any Person or Persons whomsoever to the said Trustees, or to the
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, and if the said Trustees, or such Gas Light Company, or other
Person or Persons as last aforesaid, shall not, within Twenty-four Hours
next after every such Notice as aforesaid, stop and prevent all such
Washings or other Liquids, and all such other Substances and Things as
aforesaid from being drained, conducted, or conveyed, or from running or
flowing in manner aforesaid, and also cause any such other Annoyance,
Act, or Thing as aforesaid to be discontinued, then and in every such
Case the said Trustees, Gas Light Company, or other Person or Persons so
offending shall forfeit and pay the Sum of Twenty Pounds for each and
every Day such Washings or other Liquids, or other Matters or Things,
shall be so drained, conducted, or conveyed, or caused or suffered to run
or flow in manner aforesaid, or such other Annoyance, Act, or Thing shall
be so done or caused to be done as aforesaid; and such last-mentioned
Penalty shall and may be levied and recovered in the same Manner as any
other Penalty or Forfeiture which shall be incurred under the Provisions
contained in this Act may be levied or recovered, and shall be paid to
the Informer or Informers, or to the Person or Persons who in the
Judgment of the Justice or Justices before whom the Conviction shall take
place shall have sustained any Annoyance, Injury, or Damage by the Act,
Matter, or Thing in respect whereof such Penalty or Forfeiture shall be
inflicted.
XVII. And be it further enacted, That it shall be lawful for the said
Trustees from Time to Time to appoint so many able-boded Men to act as
Watchmen, and to patrol, watch, and guard the said Square, and all other
Places within the Jurisdiction of this Act, during such Hours and at such
Wages as the said Trustees shall think proper, and to provide suitable
Arms and Clothing for such Watchmen, and also to provide and set up
Watchboxes for their Reception at such Places as the said Trustees shall
think necessary; and also to provide a proper Watchhouse or Place for the
safe Custody of such Persons as may be apprehended by such Watchmen while
on Duty; and that such Watchmen shall act as Constables during the Hours
appointed for their watching, and shall have, exercise, and enjoy all
such and the like Powers and Authorities, Privileges and Immunities, as
any Constable may have and enjoy by Law; and every Person who shall
assault or resist, or promote or encourage the assaulting or resisting,
any such Watchman in the Execution of his Duty, and also every Victualler
who shall harbour or entertain any Watchman during any Part of the Time
appointed for his being on Duty, shall for every such Offence forfeit and
pay a Sum not exceeding Five Pounds; and in case and as often as any such
Watchman shall misbehave himself or neglect his Duty, he shall forfeit
and pay a Sum not exceeding Two Pounds.
XVIII. And be it further enacted, That it shall be lawful for the said
Trustees from Time to Time to cause the Name of the said Square, and of
any other Street or Place within the Jurisdiction of this Act, to be
painted or otherwise described in a conspicuous Part of any House or
Building within such Square, Street, or Place respectively; and also from
Time to Time to cause all the Houses, Buildings, and Tenements within the
Jurisdiction of this Act to be distinguished by Numbers, to be painted or
affixed upon the Entrance Doors thereof respectively; and if any Person
or Persons shall alter or wilfully deface or remove any such Name or
Number, or any Part thereof, or if any Person or Persons for the Time
being chargeable with the Rates which shall be made in pursuance of this
Act in respect of any House, Building, or Tenement of which the Number
shall be so altered, defaced, or removed, shall not perfectly reinstate
such Number within Seven Days next after such Person or Persons
respectively shall be required so to do by a Notice from the said
Trustees or their Clerk, every such Person shall for every such Offence
forfeit and pay a Sum not exceeding Five Pounds.
XIX. And be it further enacted, That proper Gates shall be erected and
at all Times kept up and preserved by the said Trustees, across the
Footways and Carriageways at the Entrance to _Brompton Square_ next the
Turn-pike Road, so as to inclose and keep the same Footways and
Carriageways (such footways and Carriageways not being now public
Highways) private, as far as may be consistent with the general
Convenience of the Occupiers of Houses in the said Square; and which said
Gates shall be kept closed during such Hours between Ten of the Clock at
Night and Seven of the Clock in the Morning, as the said Trustees shall
direct, and during those Hours a Key or Keys thereof shall be left in the
Charge of the Watchman or Watchmen on Duty in the said Square.
XX. And be it further enacted, That the said Trustees shall contract
with or employ some Person or Persons to cleanse the Carriageways, and
take away the Dust, Cinders, Ashes, and Rubbish (not being Rubbish
arising from Building or Repairs) from the Houses of the Inhabitants
within the Jurisdiction of this Act; and if any Person or Persons (not
being duly authorized by the said Trustees, and not acting under or on
behalf of a Person so authorized) shall go about to collect or gather, or
shall ask for, receive, or carry away any Dust, Cinders, or Ashes from
any House, Building, or Place within the Jurisdiction of this Act, every
Person so offending shall for every such Offence forfeit and pay a Sum
not exceeding Ten Pounds.
XXI. And, to the Intent that a Pleasure Garden or Shrubbery may be
maintained and preserved within the inclosed Area of the said square, for
the Embellishment thereof, and for the Use of the Inhabitants of the
Houses in the said Square; be it further enacted, That it shall be lawful
for the said Trustees from Time to Time to contract for, and in the Names
of any Five or more of the said Trustees, to take and accept from the
said _William Farlar_, his Heirs or Assigns, a Lease or Leases of all
Ground now laid out and which hereafter shall be laid out as or for an
inclosed Area in the said Square, at such Rent or Rents, and subject to
such Stipulations and Conditions as shall from Time to Time be settled
and agreed upon between the said Trustees and the said _William Farlar_,
his Heirs or Assigns, so that such Rent or Rents shall not in the whole
at any one Time exceed the yearly Sum of Thirty Pounds, and the Estate
and Interest of the Lessees in every such Lease shall by virtue of this
Act absolutely vest in the Trustees for the Time being; and such Rent or
Rents, and the Costs and Charges of and incident to the Performance of
such Stipulations and Conditions, and also the Costs and Charges of every
such Lease, shall be paid out of the Rates to be made by virtue of this
Act; and during the Continuance of every such Lease the said inclosed
Area (subject to the Stipulations and Conditions which shall be contained
in every such Lease respectively) shall be kept and maintained as and for
a private Pleasure Garden and Shrubbery, for the exclusive Use and
Enjoyment of the Persons for the Time being occupying Houses in the said
Square (subject to the Regulations and Provisions contained in this Act),
and shall be kept securely fenced in and inclosed with good and
substantial Iron Railing, and proper Entrance Gates, and with good and
secure Locks on all such Gates; and no Person or Persons whomsoever other
than the Occupiers of Houses in the said Square (not being menial
Servants) shall be entitled to have or use any Key or Keys of the said
inclosed Area, except it be with the Consent in Writing of the Majority
of the said Trustees, who for the Time being shall be Occupiers of Houses
in the said Square: Provided always, that the Owners and Occupiers of
Houses in the said Square called _Brompton Square_ built previously to
the passing of this Act, shall, notwithstanding any thing herein-before
contained, have and enjoy all Right and Interest, if any, which such
Owners or Occupiers respectively may have, or be entitled to, in the
inclosed Area of the said Square under or by virtue of any Covenant or
Agreement now in existence.
XXII. And be it further enacted, That it shall be lawful for the said
Trustees to contract, by the Year or otherwise, with any Person or
Persons for the doing of any Works or Business whatsoever relating to or
connected with the Execution of this Act, so that no such Contract shall
continue in force for more than Three Years from the Time of contracting,
and the Clerk to the said Trustees shall enter all such Contracts in a
Book or Books to be provided and kept for that Purpose.
XXIII. And be it further enacted, That all the Paving Stones, Gravel,
and other Materials of which the Footways and Carriageways within the
Jurisdiction of this Act shall for the Time being consist, and the Posts
and Rails which shall be set up for the Protection of the said Footways,
and also all the Lamp Posts, Lamp Irons, Lamps, and other Utensils which
the said Trustees shall from Time to Time cause to be set up or used for
lighting the said Footways and Carriageways, and the Watchboxes, Arms,
and Clothing which shall be provided by the said Trustees for the Use of
the Watchmen who shall be employed in pursuance of this Act, and also
(during the Continuance of any Lease of the inclosed Area of the said
Square which shall be granted to the said Trustees as aforesaid) the Iron
Railing, Fences, Gates, and Locks of and belonging to the said inclosed
Area, and the Fences, Plants, Shrubs, and Herbage in the said inclosed
Area for the Time being, and also the Materials of which the Gravel Walks
therein for the Time being shall be formed and consist, shall for all
Purposes be deemed and considered as vested in the said Trustees, and
shall in all Actions, Suits, Indictments, Complaints, Convictions, and
other Proceedings whatsoever relating thereto, be described generally as
the Property of the Trustees for regulating and improving _Brompton
Square_ and certain adjacent Places, without naming the said Trustees or
any of them.
XXIV. And be it further enacted, That if any Person or Persons shall
wilfully or maliciously destroy or damage any of the Footways or
Carriageways within the Jurisdiction of this Act, or any Part thereof, or
any Post, Rail, Lamp Post, Lamp Iron, Lamp, Watchbox, Arms, Clothing, or
other Utensil or Thing which shall be provided by or in pursuance of the
Directions of the said Trustees, or any of the Iron Railing, Fences,
Gates, Locks, Trees, Plants, Shrubs Herbage, or Gravel Walks of or
belonging to the inclosed Area of the said Square, or any of them, or any
Part thereof respectively, every such Person shall for every such Offence
forfeit and pay a Sum not exceeding Five Pounds; and every such Person,
and also every Person by whom any of the said Footways and Carriageways,
Lamp Posts, Lamp Irons, Lamps, Watchboxes, Arms, Clothing, Iron Railing,
Fences, Gates, Locks, Trees, Plants, Shrubs, Herbage, Gravel Walks,
Utensils and Things, or any of them or any Part thereof respectively,
shall be carelessly or accidentally destroyed or damaged, shall make full
Satisfaction for the Damage or Injury done or committed by him, her, or
them respectively; and unless such full Satisfaction shall be forthwith
made, any Justice of the Peace, upon Application to him for the Purpose
by or on behalf of the said Trustees, may award such Sum of Money to be
paid to the said Trustees by way of Satisfaction for such Damage as such
Justice shall think reasonable, and the same shall be recovered in the
Manner herein-after provided for the Recovery of any Fine, Penalty, or
Forfeiture to be inflicted or imposed under the Provisions of this Act.
XXV. And be it further enacted, That if at any Time or Times during the
Continuance of any Lease or Leases of the inclosed Area of the said
Square, any Person or Persons shall, without the Consent in Writing of
the said Trustees, make or cause to be made, or shall sell or cause to be
sold, or shall offer for Sale any Key or Keys for unlocking or opening
the Gates of the inclosed Area of the said Square, or any of them, or if
any Person or Persons shall knowingly purchase or use any Key or Keys so
unlawfully made or sold, every such Person shall for every such Offence
forfeit and pay a Sum not exceeding Ten Pounds, and it shall be lawful
for the said Trustees or any of them, or any Person or Persons in their
Service or Employ, or acting under their Authority, to seize and to
detain and keep or to destroy every such Key.
XXVI. And be it further enacted, That to enable the said Trustees to
carry this Act into Execution it shall be lawful for them from Time to
Time to make such Rates as they shall deem needful upon the Tenants and
Occupiers of all Lands, Houses, Shops, Coach-houses, Stables, Erections,
Buildings, and other Tenements whatsoever within the Jurisdiction of this
Act, in such Sums of Money as the said Trustees shall think proper, so
that such Rates shall be just and equal Pound Rates, according to the
annual Rent or Value of the Premises thereby assessed, and so that the
Costs and Expences of and incident to the enclosed Area of the said
Square shall be wholly borne by the Tenants and Occupiers of Houses in
the said Square, and so that in every such Rate it shall distinctly
appear what Part thereof shall be raised in respect of the said
last-mentioned Costs and Expences, and so that the said Rates shall not
in any One Year exceed the Sum of Two Shillings in the Pound of the
annual Rent or Value of the Property rated, except as to Houses in the
said Square, after such Lease of the enclosed Area of the said Square
shall be obtained as aforesaid, and during the Continuance of every such
Lease, and so that in the last-mentioned Cases the Rates in respect of
the Houses in the said Square shall not in any One Year exceed the Sum of
Two Shillings and Sixpence in the Pound of the Rent or annual Value
thereof; and in making the said Rates, all Stables, Coach-houses, and
other Buildings which shall belong to or be held and occupied with any of
the Houses in the said Square, and within the Jurisdiction of this Act,
shall be respectively rated with such Houses, and not as separate
Buildings; and to facilitate the making of the said Rates, it shall be
lawful for the said Trustees, or any Person or Persons appointed by them,
at all seasonable Times to examine the Books of Assessment to any Public,
Parliamentary. Parochial, or Local Tax charged upon or affecting the
Houses, Buildings, or Tenements within the Jurisdiction of this Act, or
any of them.
XXVII. And be it further enacted, That in every Rate to be made as
aforesaid, the Landlord or Proprietor of every House or Tenement within
the Jurisdiction of this Act, which shall be occupied by any Ambassador,
Foreign Minister, or other Person not compellable by Law to pay such
Rate, shall be deemed to be and shall be rated as the Occupier thereof
respectively.
XXVIII. And be it further enacted, That whenever any House within the
Jurisdiction of this Act shall be let out ready furnished, or shall be
let out, furnished or unfurnished, in separate Tenements, or wholly or in
part to a Lodger or Lodgers, the Landlord or Owner, being the Person or
Persons claiming or receiving the Rent payable by the Occupier or
Occupiers of every such furnished House, Tenement, or furnished Lodging
respectively, shall be deemed to be and shall be rated as the Occupier
thereof: Provided always, that the Goods and Chattels of every Occupier
of any such ready-furnished House or separate Tenement or Lodging, shall
(without Prejudice to the Liability of the Person or Persons so rated) be
liable to be distrained for raising such Rates, and all Arrears thereof,
so that in no Case any greater Sum shall be levied by Distress of the
Goods and Chattels of any such Occupier than shall at the Time of making
such Distress be actually due from such Occupier for the Rent of the
Premises in which such Distress shall be made: Provided also, that every
such Occupier who shall pay any such Rate or Rates, or upon whose Goods
and Chattels the same shall be levied, shall and may deduct the Amount of
the Sum or Sums which shall be so paid or levied out of any Rent payable
by such Occupier to the Person or Persons rated; and such Payment shall
be a sufficient Discharge to every such Occupier for so much of such Rent
accordingly.
XXIX. And be it further enacted, That every Rate which shall be made for
the Purposes of this Act may from Time to Time be altered and amended by
the said Trustees at any Meeting pursuant to this Act, either by
inserting the Name or Names of any Person or Persons who ought to have
been rated or who shall have come into the Possession of any rated or
rateable House, Building, or Tenement during the Time for which any Rate
may be payable, or by striking out the Name or Names of any Person or
Persons who ought not to have been rated, or by raising or lowering the
Sum or Sums charged upon any Person or Persons, or by apportioning
between any outgoing and incoming Tenant any Sum or Sums which shall be
charged upon either in such Rate or otherwise as the said Trustees shall
think necessary for making such Rate a just and equal Rate; and the
Monies charged to any Person or Persons in consequence of any such
Alteration or Amendment may be recovered and levied in the same Manner as
if such Alteration or Amendment had been an original Insertion.
XXX. And be it further enacted, That the first Rate which shall be made
by virtue of this Act shall be for Two Quarters ending at _Christmas Day_
next after the passing of this Act, and that every subsequent Rate shall
be for One whole Year, commencing from the Expiration of the Term for
which the preceding Rate shall have been made; and that all the said
Rates shall become due and be payable immediately upon the making
thereof, but may be collected in one or several Payments, or yearly,
half-yearly, or quarterly, as the said Trustees shall from Time to Time
direct; and that such Rates and all other Monies which shall become due
or be payable to the said Trustees in pursuance of the Provisions in this
Act contained shall be and are hereby vested in the said Trustees, and
shall be paid to such Person or Persons as the said Trustees shall from
Time to Time appoint to collect and receive the same, and shall be
applied and disposed of by the said Trustees in defraying the Expences of
and incident to the Execution of this Act, and otherwise as in or by this
Act is directed or authorized.
XXXI. And be it further enacted, That if any Person or Persons liable to
pay any Rate or Rates which shall be made in pursuance of this Act, or
any Part or Parts of any such Rate or Rates, shall refuse or neglect to
pay the same, it shall be lawful for any Justice of the Peace for the
County of _Middlesex_, and every such Justice is hereby authorized and
empowered (such Defaulter having been first duly summoned to appear
before such Justice or Justices to shew Cause for such Refusal or
Neglect, and not having appeared upon such Summons, or having appeared
and not shewn good and sufficient Cause to such Justice that he, she, or
they, is or are not chargeable with such Rate or Rates) to grant a
Warrant under his Hand and Seal, authorizing the Person appointed to
collect the same Rates as aforesaid, or any other Person or Persons, to
levy such Rate or Rates, and all Arrears thereof, together with all
incidental Coats and Expences, by Distress of the Goods and Chattels of
the Person or Persons so neglecting or refusing; and if the said Rate or
Rates, and all Arrears thereof, together with all such Costs as
aforesaid, and also all Costs of and incident to the taking and detaining
the Distress, shall not be paid within Five Days next after the Distress
shall be taken, the Person appointed to collect the said Rates, or other
Person authorized by the said Warrant, shall cause the Goods and Chattels
distrained to be appraised and sold, or such Part thereof as shall be
sufficient to pay the said Rate or Rates, and all Arrears thereof, and
all such Costs and Expences as aforesaid, and the Costs and Expences of
keeping, appraising, and selling the Distress, and after full Payment of
the same, shall return the Overplus (if any) to the Owner or Owners of
such Goods and Chattels respectively, on Demand made thereof by such
Owner or Owners; and in default of such Distress it shall be lawful for
any such Justice to commit the Person or Persons so neglecting or
refusing to pay such Rate or Rates, and all Arrears thereof, and all
attendant and incidental Costs and Expences as aforesaid, to the Common
Gaol or House of Correction, there to remain without Bail or Mainprize
for any Time not exceeding Six Calendar Months, unless Payment shall be
sooner made of such Rate or Rates, and all Arrears thereof as aforesaid,
together with all Costs and Expences attendant upon and incident to the
Recovery thereof (such Costs and Expences to be ascertained and
determined by such Justice); and subject and without Prejudice to the
Powers and Remedies herein before provided for the Recovery of the said
Rates, the said Trustees may sue for and recover the same, with full
Costs of Suit, in any Court of Request, or by Action of Debt in any of
His Majesty’s Courts of Record; and in every such Action it shall be
sufficient to declare that the Defendant is indebted to the Plaintiff in
the Sum sought to be recovered by virtue of a Rate (or of several Rates,
as the Case may require) made in pursuance of this Act.
XXXII. And be it further enacted, That it shall be lawful for the said
Trustees to borrow at Interest, or to raise by the Sale of One or more
Annuity or Annuities for a Life or Lives (subject to the Restrictions
herein-after contained), any Sum or Sums of Money which the said Trustees
shall from Time to Time require, in or about the Execution of this Act;
and the said Trustees shall make and deliver to the Person or Persons
from whom any Money shall be so borrowed One or more Promissory Note or
Notes in the Form or to the Effect following, to the Amount of the Money
so borrowed; namely,