certain adjacent Places, acting in the Execution of an Act of the
Fifth Year of King _George_ the Fourth, intituled [_here insert the
Title of this Act_], hereby promise to pay to — —, — — Executors or
Administrators, or — — or their Order, by Indorsement hereon, out of
the Rates to be made in pursuance of the said Act, the Sum of —
Pounds on the — Day of — [_here name a Day for the Payment of the
Money_, _not being less than Five Years nor more than Fifteen Years
from the Date of the Note_], and also Interest for the same from the
Date hereof, at the Rate of — _per Centum per Annum_, by half-yearly
Payments, on every — Day of — and — Day — in the meantime. In
witness whereof Three of the said Trustees have hereunto subscribed
their Names, the — Day of —.’
And the said Trustees shall also make and deliver to the Purchaser or
Purchasers of every such Annuity, a Grant thereof in the Form or to the
Effect following:
‘THE Trustees for regulating and improving _Brompton Square_ and
certain adjacent Places, acting in the Execution of an Act of the
Fifth Year of King _George_ the Fourth, intituled [_here insert the
Title of this Act_] in consideration of the Sum of — paid to them by
— of — do hereby grant to — an Annuity of — a Year during —, and to
be paid half-yearly on the — Day of — and the — Day of — out of the
Rates to be made in pursuance of the said Act. In witness whereof
Three of the said Trustees have hereunto set and affixed their Hands
and Seals, the Day — of —.’
And the Money expressed to be made payable in every such Promissory Note
as aforesaid, and the Interest thereof, and also every Annuity which
shall be granted as aforesaid, shall be and are hereby respectively
charged upon and made payable out of the Rates to be made by virtue of
this Act, and shall be paid accordingly; and every such Promissory Note
shall be transferable by Indorsement and Delivery, in the same Manner as
any other Promissory Note is by Law transferable; and every such Annuity
shall be and be deemed Personal Estate; but no such Annuity shall be
granted for the Lives of more than Two Persons, or be made to depend on
the Life or Lives of any Person on Persons who at the Time of granting
such Annuity shall be under the Age of Thirty-five Years, nor shall any
such Annuity be granted so as to produce to the Purchaser an Income
exceeding by more than One-fifth the Income which a Sum equal in Amount
to the Purchase Money for the same would produce if then invested in the
Purchase of a similar Annuity, according to the Rate prescribed by Two
several Acts, one made in the Forty-eighth Year of the Reign of His late
Majesty King _George_ the Third, intituled _An Act to enable the
Commissioners for the Reduction of the National Debt to grant Life
Annuities_, and the other made in the Fifty-second Year of the Reign of
His said late Majesty, intituled _An Act for amending Two Acts passed in
the Forty-eighth and Forty-ninth Years of His present Majesty_, _for
enabling the Commissioners for the Reduction of the National Debt to
grant Life Annuities_; and none of the said Trustees shall be personally
liable for the Payment of any Promissory Note or Annuity to be issued or
granted in pursuance of this Act.
XXXIII. And be it further enacted, That the Names of the Trustees
present at each Meeting in pursuance of this Act, and also all their
Orders and Proceedings at each such Meeting, shall be entered in a Book
or Books to be kept for that Purpose; and the Entry of the Proceedings at
each Meeting shall be signed by the Chairman at the next Meeting, and
such Entries being so signed shall be deemed Originals, and may be read
in evidence in all Courts whatsoever.
XXXIV. And be it further enacted, That if any Person or Persons shall
beat or dust, or cause to be beat or dusted, any Carpet or Carpets, or
shall slack, sift, or screen, or cause to be slacked, sifted, or
screened, any Lime or Rubbish, or shall mix any Mortar, or shall make or
assist in making any Bonfire, or shall discharge any Fireworks, or play
at Football, or any other Game in the said Square, or any Part thereof;
or if any Person or Persons shall set or place or cause to be set or
placed any Timber, Bricks, Stone, Lime, Mortar, or other Building
Materials, or any Stall, Stallboard, or Basket, or any Goods, Wares, or
Merchandize whatsoever, or any Mud, Dirt, Sand, Rubbish, Filth, Dung,
Ashes, or Dust, upon any Footway or Carriageway within the Jurisdiction
of this Act; or if any Person or Persons shall run, drive, or place, or
cause to be run, driven, or placed, any Coach, Chaise, Waggon, Cart,
Truck, Wheelbarrow, or other Carriage whatsoever, upon any Footway within
the Jurisdiction of this Act; or if any Person or Persons shall cause or
wilfully permit or suffer any Horse or other Beast or Cattle, which such
Person or Persons may be riding, driving, or leading, to go upon any such
Footway, or shall tie or fasten any Horse or other Beast or Cattle to any
House, Wall, Fence, Post, Rail, or other Thing whatsoever, across any
Footway or Carriageway within the Jurisdiction of this Act; or if any
Person or Persons shall place or put out, or cause or permit to be placed
or put out upon or before any House or Building next or towards any
Footway within the Jurisdiction of this Act, any Garden or other Pot or
Tub (except such Pot or Tub shall by Iron Rails or Bars be perfectly
secured from falling); or if any Person or Persons shall lead or drive
any Horse or other Beast in any Part of the said Square, either with or
without any Carriage, for the Purpose of breaking, exercising, trying, or
offering for Sale any such Horse or other Beast; or if any Person or
Persons shall empty or begin to empty any Boghouse, or to take away any
Night Soil from any House or Place within the Jurisdiction of this Act,
or shall come with Carts or Carriages for that Purpose (except between
the Hours of Twelve of the Clock at Night and Five of the Clock in the
Morning); or if any Person or Persons shall occasion any other Kind of
Obstruction or Annoyance whatsoever, in or upon any of the Footways or
Carriageways within the Jurisdiction of this Act, or shall obstruct or
incommode, hinder or prevent, the free Passage of any such Footway or
Carriageway, or prejudice or annoy in any Manner whatsoever any Person or
Persons travelling, passing, or going thereon; or if any Person or
Persons shall breed, feed, or keep any Kind or Species of Swine in any
House or Building within the Jurisdiction of this Act, or within any
Yard, Garden, or other Tenement held with any such House or Building;
every such Person shall forfeit and pay a Sum not exceeding Five Pounds
for every such Offence.
XXXV. Provided always, and be it further enacted, That no Person shall
be subject to any Penalty on account of any Rubbish, Building Materials,
or Scaffolding, being necessarily deposited or fixed in or upon any
Footway or Carriageway, before any House or Building which shall be
pulling down, rebuilding, or under Repair, so that the same be properly
enclosed, and convenient Space left for Carriages to pass and repass with
ease and Safety, and so that a sufficient Light be kept up and maintained
there from Sun-set to Sun-rise, to prevent Accidents, and so that all
such Rubbish, Building Materials, Enclosures, and Scaffolding
respectively, be removed within a reasonable Time after such pulling
down, rebuilding, or repairing shall be finished, or upon Notice signed
by the Clerk to the said Trustees, and given to the Owner or Occupier of
the House or Building which shall be so pulling down, rebuilding, or
under Repair, or affixed upon some conspicuous Part of such House,
Building, Enclosure, or Scaffolding: Provided also, that in case any
Person or Persons so depositing or affixing or causing to be deposited or
affixed any such Rubbish, Building Materials, or Scaffolding as
aforesaid, in or upon any of the said Footways or Carriageways as
aforesaid, shall not properly enclose the same, and leave convenient
Space for Carriages to pass and repass with Ease and Safety as aforesaid,
and also keep up a good and sufficient Light there from Sun-set to
Sun-rise, so as to prevent Accidents, or shall not remove any such
Rubbish, Building Materials, or Scaffolding upon such Notice as
aforesaid, every Person making default in any of the Cases aforesaid
shall forfeit and pay a Sum not exceeding Ten Pounds.
XXXVI. And be it further enacted, That it shall be lawful for any
Officer or Person employed in the Execution of this Act, without any
other Warrantor Authority than this Act, to seize and detain, and for any
other Person or Persons to assist in seizing and detaining any unknown
Person or Persons who shall commit any Offence punishable under this Act,
and to take such Offender or Offenders before a Justice of the Peace, in
order to his or her Conviction for such Offence.
XXXVII. And be it further enacted, that if any Person or Persons shall
obstruct, hinder, or molest the said Trustees or any of them, or any
Officer or other Person whomsoever, who shall be employed or acting in
the Execution of this Act, in the Performance of any Act, Matter, or
Thing to be done by virtue of or under the Authority of this Act, or if
any Person or Persons who shall be summoned to give Evidence before any
Justice of the Peace touching or concerning any Offence or Matter
punishable under this Act, shall not attend pursuant to such Summons, nor
produce a sufficient Excuse to the Satisfaction of such Justice for his
Non-attendance, every Person or Persons so offending shall for every such
Offence forfeit and pay a Sum not exceeding Ten Pounds.
XXXVIII. And be it further enacted, That all Penalties and Forfeitures
which shall be incurred under the Provisions herein-before contained, the
Manner of levying or recovering whereof is not herein-before particularly
directed, shall be recoverable before any Justice of the Peace for the
County of _Middlesex_, upon Complaint made to any such Justice within Six
Calendar Months next after the Offences respectively shall be committed;
and it shall be lawful for every such Justice to whom such Complaint
shall be made, to summon the Party or Parties complained against before
him, and on such Summons to hear and determine the Matter of such
Complaint, and on Proof of the Offence or Offences respectively, either
by the Confession of the Offender or Offenders, or by the Oath of any
credible Witness or Witnesses, to convict such Offender or Offenders, and
to adjudge him or them to pay the Penalty or Forfeiture incurred,
although no Information in Writing shall be exhibited before such
Justice; and in every Case where any such Penalty or Forfeiture, together
with all Costs of and incident to the Complaint, Summons, Hearing, and
Conviction, shall not be forthwith paid by the Offender or Offenders at
the Time of Conviction, such Penalty and also such Costs as aforesaid
shall be levied by Distress and Sale of the Goods and Chattels of the
Offender or Offenders, by Warrant under the Hand and Seal of such
Justice, (and which Warrant such Justice is hereby empowered and required
to grant); and in every such Case it shall be lawful for such Justice to
order the Offender or Offenders so convicted to be detained and kept in
safe Custody until Return can conveniently be made to such Warrant of
Distress, unless the Offender or Offenders shall give sufficient
Security, to the Satisfaction of such Justice, for his or their
Appearance before such Justice on such Day or Days as shall be appointed
for the Return of such Warrant of Distress (not being more than Seven
Days from the Time of taking such Security), and which Security the said
Justice is hereby empowered to take by way of Recognizance or otherwise;
and if upon the Return of such such Warrant it shall appear that no
sufficient Distress can be had thereupon, or in case it shall appear to
the Satisfaction of such Justice, either by the Confession of the
Offender or Offenders or otherwise, that such Offender or Offenders hath
or have not sufficient Goods and Chattels whereon such Penalties or
Forfeitures with all Costs as aforesaid can be levied, if a Warrant of
Distress were issued (in which Case it shall not be necessary to issue
any Warrant of Distress), then and in every such Case it shall be lawful
for such Justice to cause such Offender or Offenders to be committed to
the Common Gaol or House of Correction, there to remain without Bail or
Mainprize for any Term not exceeding Six Calendar Months, unless such
Penalties and Forfeitures, and all attendant and incidental Costs, shall
be sooner paid; and the Monies arising by such Penalties and Forfeitures
respectively shall from Time to Time, in every Case where the
Appropriation thereof is not herein-before otherwise directed, be paid to
the Treasurer to the said Trustees, and (subject to the Power hereby
given to the said Trustees to dispose of any Part or Parts thereof, not
exceeding One Half, in rewarding the Informer or Informers, or any other
Person or Persons who shall have aided in detecting or convicting the
Offender or Offenders respectively) shall be applied and disposed of for
the Purposes of this Act.
XXXIX. And be it further enacted, That every Justice of the Peace before
whom any Person shall be convicted of any Offence against this Act, shall
and may cause the Conviction to be drawn up in the following Form of
Words, or in any other Form to the like Effect:
‘Middlesex to wit. } BE it remembered, That on the — Day of — in the
Year of our Lord — _A. B._ is convicted before — One of His Majesty’s
Justices of the Peace for the County of _Middlesex_, of [_here
shortly state the Offence_, _and when and where committed_] contrary
to the Form of a Statute made in the Fifth Year of the Reign of His
Majesty King _George_ the Fourth, intituled [_here set forth the
Title of this Act_], and I do adjudge that the said _A.B._ hath
therefore forfeited the Sum of —. Given under my Hand and Seal, the
Day and Year first above written.’
XL. And be it further enacted, That where any Distress shall be made for
any Rate or Penalty to be levied in pursuance of the Provisions contained
in this Act, the Distress shall not be deemed unlawful, nor the Party or
Parties making the same a Trespasser or Trespassers, on account of any
Defect or Want of Form in any Proceeding relating thereto, nor shall the
Party or Parties distraining be deemed a Trespasser or Trespassers _ab
initio_, on account of any subsequent Irregularity, but the Person or
Persons aggrieved by any such Irregularity may recover full Compensation
for any special Damage by an Action on the Case, subject to the
Limitations herein-after made.
XLI. And be it further enacted, That if any Person shall think himself
or herself aggrieved by any Rate to be made in pursuance of this Act, he
or she, having first paid such Rate or Assessment, may appeal to the said
Trustees at their next Meeting after the Payment thereof, and the said
Trustees, if they shall think such Person aggrieved, shall give such
Relief in the Premises as they shall deem reasonable; and if any such
Person shall be dissatisfied with the Determination of the said Trustees,
or if any Person shall think himself or herself aggrieved by any thing
which shall be done by any Justice of the Peace in the Execution of this
Act, such Person may appeal to the Justices of the Peace for the County
wherein the Cause of Complaint shall arise, at their General Quarter
Sessions to be held next after the Expiration of One Calendar Month from
the Time when the Cause of Complaint shall arise, but not afterwards,
such Appellant first giving Fourteen Days Notice at the least in Writing
of his or her Intention to make such Appeal, and of the Matter thereof,
to the Clerk to the said Trustees, and within Five Days next after such
Notice entering into a Recognizance before some Justice of the Peace for
such County, with Two sufficient Sureties conditioned to try such Appeal
at and abide the Order of and pay such Costs as shall be awarded by the
Justices at such Sessions, and also (when the Appeal shall be against a
Conviction) to pay the Penalty or Forfeiture, if the Conviction shall be
affirmed; and the said Justices at such Sessions, upon Proof of such
Notice having been given as aforesaid, and of such Recognizance as
aforesaid having been entered into, shall hear and finally determine the
Matter of such Appeal in a summary Way, and award such Costs to the
Appellant or Respondent as the said Justices shall think proper, and may
by their Order or Warrant levy such Costs by Distress and Sale of the
Goods and Chattels of the Person or Persons ordered to pay the same, and
for want of sufficient Distress may commit such Person or Persons to the
Common Gaol or House of Correction for any Term not exceeding Six
Calendar Months, or until Payment of such Costs, and the Determination of
the said General Quarter Sessions shall be final and conclusive to all
Intents and Purposes; and no such Rate or Assessment as aforesaid, nor
any Proceeding touching the Conviction of any Offender or Offenders, or
any other Matter or Thing done or transacted in or about the Execution of
this Act, shall be quashed or vacated for Want of Form, or removed by
Certiorari or any other Writ or Process whatsoever, into any of His
Majesty’s Courts of Record at _Westminster_; but any such Rate or
Assessment, or any Matter of Form in any Conviction or Proceeding as
aforesaid, may be amended as the Justices at any General Quarter Sessions
shall direct.
XLII. And be it further enacted, That any Justice of the Peace for the
County of _Middlesex_ may act as such in the Execution of this Act,
notwithstanding he may at the same Time be a Trustee under this Act; and
none of the said Trustees, nor any rated Inhabitant or Occupier of any
House, Building, or Tenement within the Jurisdiction of this Act, shall
by reason thereof be deemed an incompetent Witness in any Action,
Prosecution, Information, Complaint, Appeal, or Proceeding whatsoever
relating to the Execution of this Act, or to any Rate made in pursuance
thereof; and all Notices and Summonses which are required to be given by
this Act, or which may be necessary for carrying this Act into Execution,
may be either written or printed, or partly written and partly printed,
and may (in all Cases in which the Manner of serving the same is not
particularly directed by this Act) be served either by delivering the
same to the Person or Persons to whom such Notices or Summonses
respectively are directed, or by leaving the same at the usual or last
known Place of Abode of such Person or Persons, or at or upon any House,
Building, or Tenement whereunto such Notices or Summonses respectively
shall relate.
XLIII. And be it further enacted, That the said Trustees may sue and be
sued in the Name of their Clerk or Treasurer for the Time being, and not
otherwise; and no such Action or Suit shall abate or be discontinued by
the Death or Removal of such Clerk or Treasurer, but the Clerk or
Treasurer for the Time being to the said Trustees shall always be deemed
Plaintiff or Defendant, as the Case may be, but such Clerk or Treasurer
shall not be personally answerable for any Damages or Costs which may be
recovered against him by reason of his being so made Plaintiff or
Defendant, but such Damages and Costs respectively shall be paid by the
said Trustees out of the Money to be raised under this Act; and such
Clerk or Treasurer shall be a competent Witness in such Action,
notwithstanding he may be the nominal Plaintiff or Defendant.
XLIV. And be it further enacted, That it shall be lawful for the said
Trustees from Time to Time to hire any Room or Building, as they shall
think fit, in any convenient Place within the Limits of this Act, to be
used as and for an Office or Offices for keeping their Accounts, holding
their Meetings, and transacting the Business relating to this Act, or for
other the Purposes of this Act, and to accept and take a Lease of such
Room or Building to themselves, or any of them, or to any Person or
Persons in Trust for them, for any Term or Number of Years, at and under
such Rent or Rents as they shall from Time to Time think fit, and to pay
such Rent or Rents out of the Money to arise by virtue of this Act.
XLV. And be it further enacted, That no Action or Suit shall be
commenced against any Person or Persons for any thing done by such Person
or Persons in or about the Execution of this Act, until the Expiration of
One Calendar Month next after a Notice in Writing, fully and explicitly
stating the Cause or Causes of Action, and the Name or Names, and Place
or Places of Abode of the intended Plaintiff or Plaintiffs, and of his or
their Attorney or Agent, shall have been delivered to or left at the
usual Place of Abode of the intended Defendant or Defendants; and no such
Action or Suit shall be commenced after a Tender of sufficient Amends
shall have been made, either to the Party aggrieved or (on his or their
Behalf) to the Attorney or Agent named in such Notice, nor after the
Expiration of Six Calendar Months next after the Fact committed, and the
Venue in every such Action or Suit shall be laid in the County where the
Cause of Action shall have arisen and not elsewhere; and the Defendant or
Defendants may at his or their Election plead specially or the General
Issue, and at the Trial thereof give this Act and the special Matter in
Evidence; and if the Matter or Thing complained of shall appear to have
been done under the Authority of this Act, or if any such Action or Suit
shall be brought contrary to the foregoing Restrictions and Limitations,
or any of them, then the Jury shall find for the Defendant or Defendants;
and upon such Verdict, or if the Plaintiff or Plaintiffs shall be
nonsuited, or discontinue his, her, or their Action, after the Defendant
or Defendants shall have appeared, or if upon Demurrer Judgment shall be
given against the Plaintiff or Plaintiffs, then the Defendant or
Defendants shall have Treble Costs, and have such Remedy for the Recovery
thereof as any Defendant may have for the Recovery of Costs in any Case
by Law.
XLVI. And be it further enacted, That no Person who shall be an Occupier
of any House, Building, or Tenement within the Jurisdiction of this Act,
and shall be charged in respect thereof towards any of the Rates to be
made by virtue of this Act, shall be liable or charged in respect of the
same Premises to or with any general Rate or Rates for paving, lighting,
or watching the Town or Parish of _Kensington_ or any Part thereof, or to
or with any Rate for or towards paving, lighting, or watching any
particular Street, Road, or Place; any Law or Usage to the contrary
notwithstanding.
XLVII. Provided always, and be it further enacted. That nothing herein
contained shall extend to authorize the said Trustees to expend any Money
which shall be raised under the Authority of this Act in or about the
first laying out, forming, paving, or gravelling any of the Footways or
Carriageways on the East, West, or North Sides of _Brompton Square_, or
in or about the first enclosing, forming, or planting any Part of the
Area of the said Square.
XLVIII. Provided always and be it further enacted, That nothing in this
Act contained shall extend or be deemed or construed to extend to
prejudice, diminish, alter, or take away any of the Rights, Powers, or
Authorities vested in the Commissioners of Sewers for the City and
Liberty of _Westminster_ and Part of the County of _Middlesex_; but all
the Rights, Powers, and Authorities vested in them shall be as good,
valid, and effectual as if this Act had not been made.
XLIX. Provided also, and be it further enacted, That nothing in this Act
contained shall operate or be construed to take away any Right, Power,
Interest, Privilege, Advantage, or Authority, which is by Law now vested
in the Governor and Company of _Chelsea_ Water Works, or in the Company
of Proprietors of the West _Middlesex_ Water Works, or in the Grand
Junction Water Works Company respectively; but that all and every the
said Rights, Powers, Interests, Privileges, Advantages, and Authorities
respectively, may be exercised and enjoyed in as full and ample a Manner
to all Intents and Purposes as the same were exercised and enjoyed
immediately before the passing of this Act.
L. And be it further enacted, That all Costs and Expences of and
incident to the obtaining and passing this Act shall be paid out of the
first Monies which shall be raised by virtue of this Act.
LI. And be it further enacted, That this Act shall be deemed and taken
to be a Public Act, and shall be judicially taken notice of as such by
all Judges, Justices, and others, without being specially pleaded.
* * * * *