_An Act for amending_, _altering_, _and enlarging the Powers of an Act_,
_passed in the Thirtieth Year of the Reign of His present Majesty_,
_intituled_, An Act for forming and keeping in Repair the Streets, and
other publick Passages and Places within a certain District in the Parish
of _Saint Luke_, _Chelsea_, in the County of _Middlesex_, called _Hans
Town_, and for otherwise improving the same.
[24th _March_ 1803.]
WHEREAS by an Act, made in the Thirtieth Year of the Reign of His present
Majesty, instituled, _An Act for forming and keeping in Repair the
Streets_, _and other publick Passages and Places_, _within a certain
District in the Parish of_ Saint Luke, _in the County of_ Middlesex,
_called_ Hans Town, _and for otherwise improving the same_, certain
Powers were given and granted to the Commissioners of the said District
for the several Purposes in the said recited Act mentioned and contained:
And whereas the Commissioners of the said District, acting under the said
Act, have proceeded in the Execution thereof to the great Benefit of the
said District, and of the Publick at large; but that, in order more
effectually to carry the Purposes of the said Act into Execution, it is
expedient that the Powers thereof should be amended, altered, and
enlarged: May it therefore please Your Majesty that it may be enacted;
and be it enacted by the King’s most Excellent Majesty, by and with the
Advice and Consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the Authority of the same,
That, from and after the Commencement of this Act, it shall and may be
lawful for the Commissioners of the said District to nominate and appoint
any Person or Persons, and to purchase any Number of Carts and Horses for
the Purpose of cleansing the Streets, and other publick Passages and
Places within the Limits of the said District, and of carrying away the
Dust, Dirt, Cinders, or Ashes from any House or Houses, or other Premises
within the same, or to contract with any Person or Persons for so doing.
Contractors to bring proper Carriages into the Streets,
and to give Notice of their Approach.
II. And be it further enacted, That the Person or Persons employed by or
contracting with the said Commissioners for cleansing the said Streets,
and other publick Passages and Places as aforesaid, or those employed
under such Contractor or Contractors, shall Twice in every Week or
oftener, bring or cause to be brought Carts or other proper Carriages
into all the Streets, and other publick Passages and Places as aforesaid,
where such Carts or Carriages can pass, and at or before their Approach,
by sound of Bell, or with an audible and distinct Voice, give Notice to
the Inhabitants of their coming, and give the like Notice in every Court,
Alley, or Place into which the said Carts or Carriages cannot pass.
Penalty on Persons collecting Dust, etc.
who are not authorized to do so.
III. And be it further enacted, That if any Person or Persons other than
the Person or Persons so employed by or contracting with the said
Commissioners for cleansing the Streets, and other publick Passages and
Places, under their Direction, or those employed under such Contractor or
Contractors, shall, on any Pretence whatsoever, go about to collect or
gather, or shall ask for, receive, or carry away any Dust, Dirt, Cinders,
or Ashes, from any House or other Premises within the Limits aforesaid,
it shall and may be lawful to and for any Justice of the Peace for the
said County of _Middlesex_, upon Complaint to him made, to grant a
Warrant to bring before him such Offender or Offenders, at the Time and
Place as in such Warrant shall be specified, or for any Person or Persons
who shall see such Offence committed to seize, and also for any other
Person or Persons to assist in seizing the Offender or Offenders,
together with the Horses, Asses, Cattle, Carts, Trucks, Wheelbarrows, or
other Carriages or Implements made use of for carrying away the same, and
by the Authority of this Act, and without any other Warrant to convey
him, her, or them before such Justice, and such Justice shall, and he is
hereby authorized and required, to examine upon Oath, the Person or
Persons apprehending such Offender or Offenders, or any Witness or
Witnesses who shall appear to give Information touching such Offence; and
if the Party or Parties shall be convicted of going about to collect or
gather, asking for, receiving, or carrying away any Dust, Dirt, Cinders,
or Ashes from any House or other Premises within the Limits aforesaid,
not being the Person or Persons so employed by or contracting with the
said Commissioners, or acting under his or then Authority, he, she or
they shall respectively, for the First Offence, forfeit and pay the Sum
of Ten Shillings, for the Second Offence the Sum of Twenty Shillings, and
for the Third and every subsequent Offence the sum of Forty Shillings;
and One Moiety of every such Penalty shall be paid to the Informer or
Informers, or to the Person or Persons who shall apprehend the Offender
or Offender, and the other Moiety to the Purposes of the said recited Act
and this Act; and if such Offender or Offenders shall not immediately on
Conviction pay the said Penalty or Penalties, such Justice is hereby
required to direct such Horses, Asses, Cattle, Carts, Trucks,
Wheelbarrows, or other Carriages or Implements which shall have been so
seized, to be appraised and sold, and after deducting out of the Monies
to arise by such Sale the Penalty or Penalties incurred, together with
the reasonable Charges and Expences of such Distress and Sale, the
Overplus thereof shall be returned to the Party or Parties whose Horses
or other Things shall be appraised and sold; and in case there shall have
been no such Seizure as aforesaid, or if the Horses, Asses, Cattle, or
other Things which shall be so appraised and sold, shall not produce a
sufficient Sum of Money to pay the said Penalty or Penalties Charges and
Expences, then if such Offender or Offenders shall not immediately upon
Conviction pay the said Penalty or Penalties, or such Part or Parts of
the said Penalty or Penalties, Charges and Expences, which shall remain
over and above the Produce of the Horses, Assess Cattle, and other Things
so seized and sold, then such Justice is hereby required to commit such
Offender or Offenders to the Common Gaol or House of Correction for the
said County of _Middlesex_, there to be kept to hard Labour for any Term
not exceeding Thirty Days, nor less than Ten Days, unless such Penalty or
Penalties, or such Part or Parts thereof as aforesaid, shall be sooner
paid and satisfied.
Carriage Ways of the Streets to be covered with Gravel, etc.
IV. And be it further enacted, That it shall and may be lawful to and
for the said Commissioners to direct all and every Person and Persons,
who are by the said recited Act required to level, form, and cover with
Gravel, not less than Six Inches thick, the Carriage Ways of all such
Streets, and other publick Passages and Places, within the said District,
in the First Place properly and effectually to fill up the same; and also
to direct all and every Person and Persons, who are required to pave the
Foot Ways in the whole Front of their respective Houses, Buildings, and
Tenements, to set up and erect proper and sufficient Posts, at such
Distances and in such Manner, as the said Commissioners shall order and
direct.
Lessees of Ground to compound for forming Carriage Ways, etc.
V. And whereas there are and may be several Pieces or Parcels of Ground
within the Streets, and other publick Passages and Places, already or
hereafter to be set out or made within the said District, unbuilt upon,
the Carriage and Foot Ways to and in the Fronts whereof are neither
filled up, levelled, formed, covered with Gravel, or paved, nor Posts set
up and erected, and it would be a Means of forwarding the good Purposes
of the said recited Act and this Act, if Builders or others, who by Law
are liable to fill up, level, form over with Gravel, and pave the same,
were to compound with the said Commissioners; be it therefore further
enacted, That it shall and may be lawful to and for the said
Commissioners, or any Three or more of them, to view and inspect all
Streets, and other publick Passages and Places, already or hereafter to
be set out or made within the said District; and if upon such View they
shall be of Opinion that the same, or any Part or Parts thereof, is or
are fit and proper for the Area or Fence Walls abutting thereon to be
Built, and the Carriage and Foot Ways to be filled up, levelled, formed,
covered with Gravel, or paved, or Posts to be set up and erected, the
said Commissioners, or any Three or more of then, at any Meeting to be
held in pursuance of the said recited Act, after such View, shall and may
order their Surveyor or Surveyors, or other Person or Persons by them
appointed for that Purpose, to give Notice to the Lessee or Lessees of
all and every such Lands or Grounds, or leave the same at his, her, or
their last or usual Place of Abode, or with his, her, or their known
Servant or Servants, or if no such Lessee or Lessees can be found, then
such Notice shall be stuck against the said Premises, or any Part
thereof, which Notice shall require such Lessee or Lessees to meet the
said Commissioners, or any Three or more of them, at the Time and Place
to be therein mentioned (not being less than Six Days from the Date of
such Notice), to compound for building such Area or Fence Walls, and for
filling up, levelling, forming, and covering the Carriage Ways with
Gravel, not less than Six Inches thick, and paving the Foot Ways in the
whole Front thereof, and for setting up and erecting Posts; and if such
Lessee or Lessees shall not attend, or shall not compound and agree with
the said Commissioners, or any Three or more of them as aforesaid, then
it shall and may be lawful to and for the said Commissioners, or any
Three or more of them, to order the said Area or Fence Walls to be built,
the said Carriage and Foot Ways to be filled up, levelled, formed,
covered with Gravel, and paved, and Posts to be set up and erected
forthwith, or as soon as conveniently may be, and all the Charges and
Expences attending the building such Walls, filling up, levelling,
forming, covering with Gravel, and paving and setting up and erecting
Posts, shall be paid by the respective Lessee or Lessees, and shall be
recovered and levied by Distress and Sale of their Goods and Chattels, in
the same Manner at the Rates and Assessments said by virtue of the said
recited Act are therein directed to be levied and recovered.
Publick Buildings and Dead Walls to be rated.
VI. And for as much as it is reasonable that all publick Buildings and
all dead Walls and void Spaces of Ground within the said District should
be rated and assessed in a due Proportion for the several Purposes of the
said recited Act and this Act, be it therefore further enacted, That it
shall and may be lawful to and for the said Commissioners at their
Discretion, and they are hereby required from Time to Time to rate and
assess towards the Purposes of the said recited Act and this Act, all
Chapels, Meeting Houses, Markets, Warehouses, and all other publick
Buildings whatsoever, within the said District, which now is, or are, or
hereafter may be built, and which are not charged in respect of any
Dwelling House by the Pound Rate, or otherwise by virtue of the said
recited Act, at a Rate not exceeding Two Shillings in the Pound,
according to the Directions of the said recited Act, and where the annual
Value cannot be fully ascertained, then and in either of the said Cases
the same shall be charged and assessed at a Rate not exceeding Nine-pence
_per_ Square Yard in any One Year of the Pavement and Road paved,
gravelled, or repaired, and not exceeding One Shilling _per_ Square Yard
of the Foot Way and Carriage Way paved, lighted, and watched, repaired,
and gravelled, under the Direction of the said Commissioners, and
situate, lying, and bring in any of the said Streets or other publick
Passages and Places, and belonging to or lying before such Chapel,
Meeting House, Warehouse, or other publick Building; and the said
Commissioners shall also at their Discretion, yearly or oftener (if
needful), assess all Burying Grounds, dead Walls (except such dead Walls
as are situate in the Return of Streets; and all Garden Walls bounding or
abutting on any Mews or Lanes), and void Spaces of Ground, towards the
Purposes aforesaid, and which are not charged in respect of any Dwelling
House or other Building by the Pound Rate, or otherwise, by virtue of the
said recited Act, so that in the Whole such Rate or Assessment shall not
in any One Year exceed the Sum of Nine-pence for every Square yard of
Pavement and Road paved, gravelled, or repaired, nor the Sum of One
Shilling for every Square Yard of Foot Way and Carriage Way paved,
lighted, and watched, repaired, and gravelled, under the Direction of the
said Commissioners, situate as aforesaid, or belonging to or lying before
such Burying Grounds, dead Walls, or void Spaces of Ground; and all Rates
and Assessments to be made and paid for all such Burying Grounds,
Chapels, Meeting Houses, Markets, Warehouses, or other publick Buildings,
dead Walls, or void Spaces of Ground respectively, shall be paid by the
respective Owner or Owners, Lessee or Lessees, Occupier or Occupiers
thereof, and shall be charged and chargeable on the said Premises, and be
recovered and applied in such Manner as other Rates and Assessments are
directed to be recovered and applied by the said recited Act.
Occupiers of Houses to cleanse the Foot Ways Once a Day.
VII. And be it further enacted, That every Occupier of every House or
Tenement within the said District, and in respect to Inmates, every House
Owner shall, Once in every Day, between the Hours of Eight and Ten of the
Clock in the Forenoon of each Day, scrape, sweep, and cleanse the Foot
Way all along the Front of their respective Houses and Tenements, or
cause the same to be scraped, swept, and cleansed, and in Default thereof
shall, for every such Offence, forfeit and pay the Sum of Five Shillings,
to be levied by Warrant under the Hand and Seal of any Justice of the
Peace for the said County of _Middlesex_, upon the Oath of Two or more
credible Witnesses; which Oath such Justice is hereby required and
empowered to administer.
Penalty on Persons digging Earth, or leaving Holes in the Streets.
VIII. And be it further enacted, That if any Person or Persons
whomsoever shall dig any Earth, or leave any Hole in and Street, or other
publick Passage or Place, before any House or Tenement built or in
building within the said District, for the Purpose of making Vaults, or
any other Purposes whatsoever, and shall not inclose the same in a good
and sufficient Manner, to be approved of by the Surveyor or Surveyors to
the said Commissioners; or if any such Person or Persons shall keep up
such Inclosure longer than the said Commissioners shall think absolutely
necessary, or shall not well and sufficiently fence or rail before the
Area or Areas fronting to any Street, or publick Passage or Place, every
Person or Persons guilty of any of the Offences aforesaid, shall forfeit
and pay the Sum of Twenty Shillings, and the Sum of Forty shillings for
every Week that such Nuisance shall be continued.
Penalty on beating Carpets, etc. in the Streets.
IX. And be it further enacted, That if any Person or Persons shall
within any Street, or other publick Passage or Place already or hereafter
to be set out or made within the said District, beat or dust any Carpet
or Carpets, or drive any Carriage or Carriages for the Purpose of
breaking Horses, or ride, lead, or drive any Horse for the Purpose of
exercising or airing such Horse, (otherwise than by passing through such
Street, or other publick Passage or Place), then and in every such Case
it shall and may be lawful to and for any Justice of the Peace for the
said County of _Middlesex_, upon Complaint to him made by One or more
credible Witness or Witnesses, to issue a Warrant, requiring such
Offender or Offenders to appear before him, at such Time and Place as
shall be in such Warrant specified; and every such Offender or Offenders
shall for every such Offence, being thereof duly convicted upon the Oath
of any credible Witness or Witnesses, (which Oath such Justice is hereby
authorized and required to administer), forfeit and pay any Sum not
exceeding Forty Shillings nor less than Five Shillings; and in case the
Person who shall beat or dust such Carpet or Carpets, or drive such
Carriage or Carriages for the Purpose of breaking Horses, or ride, lead,
or drive any Horse for the Purpose of exercising or airing such Horse,
(otherwise than as aforesaid) cannot be apprehended, that then a like
Penalty of Forty Shillings nor less than Five Shillings shall be
forfeited by the Owner of such Carpet or Carpets, Carriage or Carriages,
or Horse or Horses.
Penalty on driving Carriages, or riding or leading Horses, etc.
on the Foot Pavements.
X. And be it further enacted, That if any Person or persons shall run,
drive, or draw, or cause to be run, driven, or drawn, on any of the Foot
Pavements within any of the Streets, or other publick Passages and
Places, within the said District, any Wheel or Wheels, Sledge,
Wheelbarrow, Truck, or any Carnage whatsoever, or shall wilfully ride,
lead, or drive any Horse, Cow, Ass, or other Cattle, Coach, or other
Carriage whatsoever, upon any Part of the said Foot Pavements, then and
in any such Case, it shall and may be lawful to and for any Justice of
the Peace for the said County of _Middlesex_, upon Complaint to him made
by One or more credible Witness or Witnesses, to issue a Warrant,
requiring such Offender or Offenders to appear before him at such Time
and Place as shall be in such Warrant specified; and it shall and may be
lawful to and for any Person or Persons who shall see such Offence
committed to seize, and also for any other Person or Persons to assist in
seizing the Offender or Offenders, and they are hereby required so to do
by the Authority of this Act, and without any other Warrant to convey and
deliver him, her, or them into the Custody of a Peace Officer, in order
to be secured and conveyed before such Justice of the Peace; and the
Party or Parties accused being so brought before such Justice, such
Justice shall proceed to examine upon Oath any Witness or Witnesses who
shall appear or be produced to give Information touching such Offence,
(which Oath the said Justice is hereby authorized and required to
administer); and if the Party or Parties accused shall be convicted of
such Offence, either by his, her, or their own Confession, or upon
Information as aforesaid, he, she, or they so convicted of any such
Offences respectively, shall forfeit the Sum of Ten Shilling, over and
above the Expences of repairing any Damage that may be occasional
thereby, the Amount of which shall be ascertained by the said Justice,
for the First Offence, the Sum of Twenty Shillings for the Second
Offence, and the Sum of Forty Shillings for the Third and every other
subsequent Offence; and in case such Offender or Offenders shall not upon
such Conviction pay such Forfeitures by him, her, or them incurred as
aforesaid, the Justice before whom such Offender or Offenders shall be
convicted, is hereby required to commit him, her, or them to the House of
Correction for the said County, there to be kept to hard Labour for any
Space of Time not exceeding Thirty Days nor less than Five Days.
Penalty on obstructing Officers.
XI. And be it further enacted, That if any Person or Persons shall at
any Time or Times obstruct, hinder, or molest any Surveyor or Surveyors,
or other Officer or Officers, Person or Persons whomsoever, who are or
shall be employed by the said Commissioners in the Execution of the said
recited Act or this Act, every Person or Persons so offending, shall for
the First Offence, forfeit the Sum of Twenty Shillings, for the Second
Offence the Sum of Forty Shillings, and for the Third and every other
Offence the Sum of Three Pounds.
Commissioners to repair the Streets, &c.
XII. And be it further enacted, That it shall and may be lawful to and
for the said Commissioners to cause to be dug, carted, and carried out
of, or brought into the said several Streets and other publick Passages
and Places already or hereafter to be set out or made, or any of them, or
any Part or Parts thereof, such Gravel, Stones and other Materials as
they shall judge necessary, and may likewise cause the Ground thereof to
be raised or lowered, the Course of the Channels running in or through
the same to be turned or altered, new Grates to the Common Sewers to be
added or replaced, and in what Numbers or Places they shall think proper,
and the Water Pipes which now be or hereafter shall be said under Ground
to be taken up and new laid in such Places, Manner, and Form, as they
shall judge best, the Charges and Expences of taking up, altering, and
relaying such Pipes to be borne and paid by the said Commissioners, but
the said Commissioners shall not remove or cause to be removed any Water
Pipes, without giving Notice to and advising with the Inspector or
Supervisor of the Water Company to which such Pipes belong; and that the
said Commissioners may likewise cause such Number of Posts to be set up
and erected in or upon any of the said Streets, and other publick
Passages and Places, at such Distances and in such Manner at they shall
think proper, and may cause all or any of the Posts and Rails already
erected, set up, and affixed, or hereafter to be erected, set up, and
affixed, to be painted or repaired, and new Posts and Rails to be set up,
erected, and affixed, in the Place of such of them as shall be decayed or
rendered useless.
Respecting Water Pipes.
XIII. And be it further enacted, That when and so often as any Main or
Mains, Pipe or Pipes belonging to any Water Company, who now furnish, or
shall hereafter furnish the Inhabitants of the said District with Water,
and which now lie, or shall hereafter be laid under Ground in any of the
said Streets, or other publick Passages or Places, shall happen to break,
burst, or decay, so as to require Reparation, the Surveyor or Surveyors
of the said Commissioners for the Time being, or such other Person or
Persons as the said Commissioners shall appoint for that Purpose, shall
forthwith give, or cause to be given, Notice thereof, in Writing, to the
Paviour or Supervisor of every such Water Company; and the Paviour or
Supervisor of such Water Company, to whom the said Main or Mains, Pipe or
Pipes shall belong is and are hereby required to take up the Pavement and
open the Ground, and cause or procure the said Main or Mains, Pipe or
Pipes to be repaired, and afterwards to fill the said Ground, ram down,
and make good the same with Gravel, in all Cases where the same shall not
have been paved, within Two Days next after such Notice to be given, and
as soon as such Main or Pipe shall have been so repaired, and the Ground
to filled up, rammed down, and gravelled, he or they shall give or cause
to be given Notice thereof, in Writing, to the Surveyor or Surveyors for
the Time being of the said Commissioners; and if the Paviour or Paviours,
Supervisor or Supervisors, of any such Water Company, to or for whom such
Notice shall be given or left at his or their last Place or Places of
Abode, shall, by the Space of Two Days next after giving or leaving such
Notice as aforesaid, refuse or neglect to take up such Pavement, and open
such Ground, and cause or procure such Main or Mains, Pipe or Pipes to be
amended and repaired, or afterwards to fill up the Ground so taken up, or
to give such immediate Notice of his having so done to the Surveyor or
Surveyors of the said Commissioners for the Time being, then and in every
such Case, the Person or Persons so respectively refusing or neglecting
shall, for every such Offence, forfeit and pay the Sum of Five Pounds;
and if any Main or Mains, Pipe or Pipes, not belonging to any Water
Company, shall happen to break, burst, or decay as aforesaid, in any of
the said Streets, or other publick Passages and Places, then and in every
such Case the respective Owner or Owners thereof shall forthwith cause
the Ground over the same to be opened, and such Main or Mains, Pipe or
Pipes to be repaired, and Notice thereof in Writing to be given to the
Surveyor or Surveyors for the Time being of the said Commissioners; or in
case of Refusal or Neglect so to do, shall, for every such Offence,
forfeit and pay the Sum of Five Pounds; and if any Pavement shall be
broken or taken up for the Purpose of making, repairing, or altering any
Main, Pipe, Vault, or Drain, then and in every such Case, the Person or
Persons so breaking or taking up the said Pavement, or causing the same
to be so broken or taken up, shall, as soon as the Nature of the Work
will permit, cause the Ground to be filled in or rammed down, and Notice
thereof in Writing to be given to the Surveyor or Surveyors for the Time
being of the said Commissioners; or in case of Refusal or Neglect so to
do, shall, for every such Offence, forfeit and pay the Sum of Forty
Shillings; and if such Surveyor or Surveyors, to whom any such Notice as
aforesaid shall be so given, shall, by the Space of Two Days next after
the giving of such Notice to him or them as aforesaid, refuse or neglect
to relay and repair, or cause to be relaid and repaired, the Pavement so
broken up, then and in every such Case, he or they shall forfeit and pay
the Sum of Twenty Shillings for every Day such Pavement shall be
neglected to be relaid or repaired after the Expiration of the said Two
Days: Provided always, that if it shall so happen that at any Time there
shall be no regular or fixed Appointment of a Paviour or Surveyor of any
such Water Company, then and in such Case such Notice shall be delivered
to or left at the Office of the Clerk, or Secretary of such Company, and
considered as sufficient Notice for the Purposes aforesaid.
How to Expences of relaying the Pavement opened for
laying down or repairing Water Pipes shall be paid.
XIV. Provided always, and be it further enacted and declared, That the
Charges and Expences of relaying the Pavement or gravelling the Ground
which shall be broken, taken up, or opened for the Purposes of laying
down, repairing, or amending any such Main or Mains, Pipe or Pipes, shall
be reimbursed and paid to the said Commissioners, or to such Person as
they shall appoint to receive the same, by the Clerk or Treasurer for the
Time being of any such Water Company to whom such Main or Mains, Pipe or
Pipes shall belong, or if the same shall not belong to any such Water
Company, then by the respective Owner or Owners thereof; and if such
Clerk or Treasurer to any such Water Company, or the respective Owner or
Owners of such Main or Mans, Pipe or Pipes, liable to reimburse and pay
such Charges and Expences, shall refuse or neglect to pay the same within
Ten Days next after Demand thereof in Writing, signed by the Clerk of the
said Commissioners, and left at their respective Dwelling Houses or last
Places of Abode, or at the Office of such Company, together with a Bill
to be annexed to such Demand, containing an Account of such Charges and
Expences, then and in every such Case, the Money so expended shall and
may be recovered by the said Commissioners of and from the Company, or
Person or Persons so liable thereto, by Action or Actions of Debt, Bill,
Plaint, or Information in any of His Majesty’s Courts of Record at
_Westminster_, to be commenced within Three Calendar Months next after
such Demand respectively, in which Acton or Actions, Suit or Suits
respectively, no Essoign, Protection, or Wager of Law, or more than One
Imparlance, shall be allowed.
For Payment of Principal Money and Interest
advanced on Credit to the Rates.
XV. And be it further enacted, That in order to discharge the Principal
Money and Interest already advanced and lent, or which may be hereafter
advanced and lent upon the Credit of the Rates or Assessments made by
virtue of the said recited Act, it shall and may be lawful to and for the
said Commissioners, and they are hereby authorized and directed, yearly
and every Year, to deduct, appropriate, and set apart, the Sum of One
Penny in the Pound of the Total Amount of the yearly Rent or Value of the
several Houses and other Buildings, Lands, and Grounds within the said
District; and the said Sum or Sums of Money so to be set apart and
appropriated, shall be from Time to Time taken and deducted from and out
of the Rate and Assessment levied and collected for forming and keeping
in Repair the Streets, and other publick Passages and Places within the
said District, and for otherwise improving the same: Provided always,
that such Sum or Sums of Money so to be deducted, set apart, and
appropriated as aforesaid, shall not at any Time exceed the Proportion of
One-twentieth Part of such Rates or Assessments as shall have been
actually levied and collected, and shall only be to deducted, set apart,
and appropriated at such Time or Times as the said Rate or Assessment
shall not exceed the full Sum of Two Shillings in the Pound in any One
Year.
Respecting Surplus of Rate.
XVI. And be it further enacted, That it shall and may be lawful to and
for the said Commissioners, and they are hereby authorized and empowered,
from Time to Time, when and as often as the Surplus of the said Rate (if
any), shall, together with the Produce of One Penny in the Pound, so to
be set apart and appropriated, amount to the Sum of One hundred Pounds or
upwards, to pay off and discharge the Money borrowed and to be borrowed
on the Credit of the said Rate, in such Manner as the said Commissioners
shall think proper, and a separate Account shall be kept of the Sums of
Money paid off and discharged by the Surplus of the said Rate, distinct
from those which shall be paid off and discharged by the Sum so
appropriated as aforesaid by virtue of this Act.