XVI. And be it further enacted, That if the said Trustees, or any Gas

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,

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 3 / 5 段