XXV. Provided always, and be it further enacted, That whenever the said
Rates or Assessments shall in any Year exceed Two Shillings in the Pound
of the annual Value of the said Houses and other Buildings, and the
Gardens and Yards thereunto belonging, or held therewith as aforesaid, so
much of the said Rates or Assessments as shall exceed Two Shillings in
the Pound of the annual Value of such of the said Houses and other
Buildings, Gardens, and Yards, as shall be occupied by Tenants at Rack
Rent, or at the full improved annual Value, shall be borne by their
respective Landlords, and such respective Tenants shall and may, and are
hereby authorized to deduct and retain the same out of their respective
Rents, and their Landlords are hereby required to allow such Deduction.
Commissioners may borrow Money,
and assign the Rates as a Security.
XXVI. And, for the more speedy raising Money for the Purposes of this
Act, be it further enacted, That it shall be lawful for the said
Commissioners, and they are hereby empowered from Time to Time to borrow
and take up at Interest any Sum or Sums of Money upon the Credit of the
Rates or Assessments herein before granted, and by Writing under their
Hands and Seals to mortgage or assign over the said Rates or Assessments,
to the Person or Persons who shall advance or lend such Money, or his or
their Trustee or Trustees, as a Security for the Money so to be borrowed,
together with the Interest for the same; and every such Assignment shall
be in the Words or to the Effect following, (_videlicet_).
Form of Assignment.
BY virtue of an Act of Parliament, made in the Thirtieth Year of the
Reign of King _George_ the Third, intituled [_set forth the Title of
the Act_], we . . . . . . of the Commissioners appointed by virtue of
the said Act, in consideration of the Sum of . . . . . . advanced and
lent by _A. B._ to _C. D._ the Treasurer appointed in pursuance of
the said Act, upon the Credit, and for the Purposes of the said Act,
do grant and assign unto the said _A. B._ his Executors,
Administrators, and Assigns, such Proportion of the Rates or
Assessments arising by virtue of the said Act, at the said Sum of . .
. . . . doth or shall bear to the whole Sum which is or shall be
borrowed upon the Credit of the said Act, to be had and holden from
this . . . . . . Day of . . . . . . until the said Sum of . . . . . .
with Interest, at . . . . . . _per Centum per Annum_ for the same, to
be paid half-yearly, shall be repaid and satisfied. In Witness
whereof we have hereunto set our Hands and Seals, this . . . . . .
Day of . . . . . .
And every such Assignment shall be good, valid, and effectual in the Law.
Money may be raised by Annuities.
XXVII. Provided always, That in case the said Commissioners shall think
it advisable to raise all or any Part of the Money necessary for the
Purposes of this Act by the granting of Annuities for Lives, then it
shall be lawful for the said Commissioners, and they are hereby
authorized and empowered, by Writing under their Hands and Seals, to
grant Annuities to any Person or Persons who shall contribute, advance,
and pay into the Hands of the Treasurer to the said Commissioners any Sum
or Sums of Money for the absolute Purchase of any Annuity, to be paid and
payable during the natural Life of every such Contributor, or the natural
Life of such Person as shall be nominated by or on the Behalf of such
Contributor at the Time of the Payment of his or her Contribution or
Purchase Money, and either with or without Benefit of Survivorship, as
the said Commissioners shall think proper, so that no such Annuity do
exceed the Rate of Ten Pounds for One hundred Pounds for a Year; and the
Grant of every such Annuity shall be in the Words or to the Effect
following; _videlicet_,
Form of Grant.
WE . . . . . . of the Commissioners appointed by or in pursuance of
an Act of Parliament, made in the Thirtieth Year of the Reign of King
_George_ the Third, intituled, [_set forth the Title of the Act_], in
Consideration of the Sum of . . . . . . paid by _A. B._ to the
Treasurer appointed in pursuance of the said Act, do hereby grant
unto the said _A. B._ his Executors, Administrators, and Assigns, an
Annuity or yearly Sum of . . . . . . out of the Rates or Assessments
arising by virtue of the said Act; which Annuity or yearly Sum of
shall be paid to the said _A. B._ his Executors, Administrators, and
Assigns, at . . . . . . upon the . . . . . . in every Year during . .
. . . . and the First Payment thereof shall be made upon the . . . .
. . Day of . . . . . . next ensuing the Date of these Presents. In
Witness whereof we have hereunto for our Hands and Seals, the . . . .
. . Day of . . . . . . in the Year of our Lord . . . . . .
And every such Grant shall be good, valid, and effectual in the Law; and
every Annuity so to be granted as afore said shall be, and is hereby
charged upon, and shall be payable and paid, free from all Taxes and
Deductions, out of the said Rates or Assessments: Provided nevertheless,
that no greater Sum in the Whole than Ten thousand Pounds shall be raised
by Loan or Mortgage, and by the Sale or granting of Annuities as
aforesaid; and that, before any such Money shall be borrowed, or Annuity
granted, fourteen Days Notice at the least shall be given in some
Newspaper published in _London_ or _Westminster_, signifying the
Intention of borrowing such Money, or granting such Annuities.
Security may be transferred.
XXVIII. And be it further enacted, That it shall be lawful for the
Persons entitled to any of the Securities for the Money borrowed, or for
the Annuities granted as aforesaid, by Writing under their Hands and
Seals indorsed thereon, to transfer the same to any Person or Persons in
the Words or to the Effect following:
Form of Transfer.
I _A. B._ do hereby assign the within Mortgage [_or_ Grant of
Annuity], and all my Right and Title in and to the Principal Money
and Interest [_or_ Annuity, and all Arrears now due thereon] thereby
secured, unto _C. D._ his Executors Administrators, and Assigns.
Dated the . . . . . . Day of . . . . . .
And Entries or Memorials of all Mortgages or Assignments, and Grants of
Annuities, which shall be made in pursuance of this Act, and of all
Transfers thereof, expressing in Words at Length the Names, Additions,
Places of Abode, and other proper Descriptions of all such Persons as
shall from Time to Time be entitled to the Principal Money and Interest,
or the Annuities thereby respectively secured, shall be entered in a
Book, to be kept for that Purpose, by the Clerk to the said
Commissioners, to which Book any Person interested shall, at all
seasonable Times, have Access, and shall have free Liberty to inspect the
same, without Fee or Reward; and for the Entry of every such Assignment
the said Clerk shall be paid Two Shillings and Sixpence, and no more; and
every such Transfer shall entitle the Person or Persons, to whom the same
shall be made, and his, her, or their Executors, Administrators, and
Assigns, to the Benefit of the Security thereby transferred; and all
Persons to whom such Mortgages or Assignments, or Grants of Annuity,
shall be made, or who shall be entitled to the Money thereby secured,
shall be, in Proportion to the Sums therein respectively mentioned.
Creditors on the said Rates or Assessments equally one with another,
without any Preference in respect to the Priority of advancing such
Money, or the Dates of any such Mortgages or Assignments, or Grants of
Annuity.
Application of the Money.
XXIX. And be it further enacted, That all the Money to arise by or from
the said Rates or Assessments, and which may be borrowed or advanced for
the Purchase of any Annuities on the Credit or Security thereof, shall be
applied, in the first Place, in paying and discharging the Expences
attending the obtaining and passing this Act, and afterwards from Time to
Time in paying the Interest of the principal Money to be borrowed, and
the Annuities to be granted as aforesaid, and in defraying the Expences
of paving, repairing, cleansing, lighting, watching, and watering the
said several Streets, and other publick Passages and Places, and of
carrying this Act into Execution, and in paying off the said principal
Money, in such Manner as the said Commissioners shall think proper.
Recovery of Penalties.
XXX. And be it further enacted, That all Penalties and Forfeitures by
this Act imposed (the Manner of recovering whereof is not hereby
otherwise directed) shall be levied and recovered by Distress and Sale of
the Goods and Chattels of the Offender or Offenders, by Warrant under the
Hand and Seal of any Justice of the Peace for the County or Place wherein
the Offender or Offenders shall be or reside (which Warrant such Justice
is hereby empowered to grant, upon the Confession of the Party, or upon
the Information of any credible Witness upon Oath), and such Penalties
and Forfeitures shall (if not directed to be otherwise applied by this
Act) be paid to the Treasurer to the said Commissioners, and applied for
the Purposes of this Act; and in case sufficient Distress shall not be
found, or such Penalties or Forfeitures shall not be forthwith paid, such
Justice is hereby authorized and required, by Warrant under his Hand and
Seal, to cause the Offender or Offenders to be committed to the common
Gaol, or House of Correction, there to remain without Bail or Mainprize,
for any Time not exceeding Three Calendar Months, unless such Penalties
or Forfeitures, and all reasonable Charges attending the Recovery
thereof, shall be sooner paid and satisfied.
Inhabitants may give Evidence.
XXXI. And be it further enacted, That in all Actions Prosecutions,
Informations, Causes, and Proceedings whatsoever, relating to or
concerning the Execution of this Act, any Inhabitant residing within the
Limits of this Act shall be admitted and allowed to give Evidence,
notwithstanding such Inhabitant shall be charged with, and liable to pay
any Rate or Assessment by virtue of this Act.
Appeal.
XXXII. Provided always, and be it further enacted, That if any Person
shall think himself or herself aggrieved by any Rate or Assessment which
shall be made in pursuance of this Act, he or she may apply to the said
Commissioners, at their First Meeting to be holden after the Expiration
of Five Days after the demanding of such Rate or Assessment; and the said
Commissioners are hereby authorized and empowered, if they shall think
such Person aggrieved, to give such Relief in the Premises as to them
shall seem reasonable; and if any such Person shall be dissatisfied with
the Determination of the said Commissioners therein, or if any Person
shall think himself or herself aggrieved by any other Matter or Thing to
be done in pursuance of this Act, every such Person may appeal to the
Justices at any General or Quarter Session of the Peace to be holden for
the County of _Middlesex_, within Four Calendar Months next after the
Cause of Complaint shall have arisen, such Appellant first giving
Fourteen Days Notice at the least in Writing of his or her Intention to
bring such Appeal, and of the Matter thereof, to the Clerk to the said
Commissioners, and within Five Days after such Notice entering into a
Recognizance before some Justice of the Peace for the said County, with
Two sufficient Sureties, conditioned to try such Appeal, and abide the
Order of, and to pay such Costs as shall be awarded by, the Justices at
such Sessions, and the Justices at such Sessions shall hear and finally
determine the Cause and Matter of such Appeal in a summary Way, and award
such Costs to the Party appealing or appealed against, as they shall
think proper; and their Determination therein shall be final, binding,
and conclusive to all Parties, and to all Intents and Purposes.
Limitation of Actions.
XXXIII. And be it further enacted, That no Action or Suit shall be
commenced against any Person, for any Thing to be done in pursuance of
this Act, until Thirty-one Days Notice thereof shall be given to the
Clerk to the said Commissioners, or after sufficient Satisfaction, or
Tender thereof, hath been made to the Party aggrieved, or after Three
Calendar Months next after the Fact committed; and every such Action or
Suit shall be brought and tried in the County of _Middlesex_, and not
elsewhere; and the Defendant in every such Action or Suit shall and may
plead the General Issue, and give this Act and the special Matter in
Evidence at any Trial to be had thereupon, and that the same was done in
pursuance and by the Authority of this Act; and if the same shall appear
to be so done, or if such Action or Suit shall be brought before
Thirty-one Days Notice thereof shall be given as aforesaid, or after a
sufficient Satisfaction shall be made or tendered as aforesaid, or after
the Time herein-before limited for bringing the same, or shall be brought
in any other County or Place than as aforesaid, then the Jury shall find
for the Defendant; and upon such Verdict, or if the Plaintiff shall
become Nonsuit, or discontinue his or her Action or Suit after the
Defendant shall appear, or if upon Demurrer Judgement shall be given
against the Plaintiff, then the Defendant shall recover Treble Costs, and
have such Remedy for the same as any Defendant hath for Costs of Suit in
Other Cases of Law.
Publick Acts.
XXXIV. And be it further enacted, That this Act shall be deemed,
adjudged, and taken to be a Publick Act; and shall be judicially taken
Notice of as such by all Judges, Justices, and other Persons whomsoever,
without specially pleading the same.
* * * * *