‘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_], 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.

* * * * *

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 4 / 5 段