Chapter II: Part 2

V. And be it further enacted, That the said Trustees shall from Time to Time, by Writing under their Hands, appoint a Treasurer and Clerk, and also a Collector of the Rates to be made as herein-after mentioned, and may also from Time to Time appoint or employ such other Officers and Persons as they shall think necessary in the Execution of this Act; and the said Trustees may from Time to Time remove such Officers and Persons respectively, or any of them, and upon the Death, Resignation, or Removal of such Officers and Persons respectively, or any of them, may appoint others in their Stead, and may out of any Money to be raised or collected by virtue of this Act make such Allowances as they shall think proper unto such Officers and Persons respectively; and all such Officers and Persons respectively shall, at such Times and in such Manner as shall be directed by the said Trustees, deliver to the said Trustees, or to such Person or Persons as they shall nominate, true and perfect Accounts in Writing of all their Receipts and Payments by virtue of this Act, with proper Vouchers for the Payments, and shall pay all such Monies as shall appear to be in their Hands or owing by them respectively unto the said Trustees, or to such Person or Persons as they shall nominate, within such Time as the said Trustees shall appoint; and if any such Officer or Person shall refuse or neglect to deliver to the said Trustees, or to such Person or Persons as they shall nominate, such an Account as aforesaid, or to deliver up the Vouchers relating to the same, or to make Payment as aforesaid, or if any such Officer or Person shall not deliver up to the said Trustees, or to such Person or Persons as they shall nominate, all Books, Papers, and Writings in his Custody or Power relating to the Execution of this Act, within Seven Days after being thereto required by a Notice in Writing signed by Three or more of the said Trustees, and left at his last or usual Place of Abode, then and in every such Case, upon Complaint being made thereof by or on behalf of the said Trustees to any Justice of the Peace, such Justice is hereby required to issue a Summons or Warrant for bringing such Officer or Person before him, and upon his appearing or not being to be found to hear and determine the Matter of such Complaint in a summary Way, and to examine and adjust the said Account or Accounts if produced; and if upon the Confession of the Officer or Person against whom the Complaint shall be made, or by the Oath of any credible Witness or Witnesses, or upon Inspection of the said Accounts if produced, it shall appear to such Justice that any Money which shall have been collected or received by virtue of this Act, shall be in the Hands of or be owing from such Officer or Person, such Justice is hereby authorized and empowered forthwith, on Nonpayment thereof, by a Warrant under his Hand and Seal to cause such Money to be levied by Distress and Sale of the Goods and Chattels of such Officer or Person respectively; and if no Goods and Chattels shall be found sufficient to answer and satisfy the said Money, and the Charges of making and selling such Distress, or if it shall appear to such Justice that any Officer or Person shall have refused or neglected to render such Account as aforesaid, or to deliver up the Vouchers relating thereto, or that any Books, Papers, and Writings relating to the Execution of this Act shall be in the Custody or Power of such Officer or Person, then such Justice shall forthwith commit such Officer or Person to the Common Gaol or House of Correction, there to remain without Bail or Mainprize, in case he shall be committed for Nonpayment of any Money, until he shall have accounted for and paid the full Amount thereof, or compounded with the said Trustees in respect thereof, or in case he shall be committed for not delivering any Books, Papers, Writings, or Vouchers as aforesaid, until he shall have delivered up such Books, Papers, Writings, and Vouchers respectively, or made Satisfaction in respect thereof to the said Trustees; but no Person who shall be committed for want of sufficient Distress, shall be detained in Prison by virtue of this Act for any longer Term than Six Calendar Months.

VI. Provided always, and be it further enacted, That it shall not be lawful for the said Trustees to appoint the same Person who may be appointed their Clerk in the Execution of this Act, or the Partner or any Person in the Service or Employ of any such Clerk, to be the Treasurer for the Purposes of this Act, or to appoint the Person who may be appointed Treasurer, or the Partner or any Person in the Service or Employ of any such Treasurer, to be the Clerk to the said Trustees; and if any Person shall accept both the Offices of Clerk and Treasurer for the Purposes of this Act, or if any Person, being the Partner or in the Service or Employ of any such Clerk, shall accept the Office of Treasurer, or being the Partner or in the Service or Employ of any such Treasurer, shall accept the Office of Clerk in the Execution of this Act, or if any such Treasurer shall accept any Place or Office of Profit or Trust under the said Trustees, other than that of Treasurer, every such Person so offending shall for every such Offence forfeit and pay the Sum of One hundred Pounds to any Person or Persons who shall sue for the same, to be recovered, with full Costs of Suit, in any of His Majesty’s Courts of Record at _Westminster_, by Action of Debt or on the Case, or by Bill, Suit, or Information, wherein no Essoign, Protection, or Wager of Law, and not more than One Imparlance, shall be allowed.

VII. And be it further enacted, That the said Trustees shall and they are hereby required to order and direct a Book or Books to be provided and kept by their Clerk for the Time being, in which Book or Books such Clerk shall enter or cause to be entered true and regular Accounts of all Sums of Money received, paid, laid out, and expended for or on account of this Act, and of the several Articles, Matters, and Things for which such Sums of Money shall have been disbursed, laid out, and paid, which Book or Books shall at all seasonable Times be open to the Inspection of the said Trustees or any Person or Persons rated or assessed for the Purposes of this Act, without Fee or Reward; and the said Trustees, or Persons assessed as aforesaid, or any of them, may take Copies of or Extracts from the said Book or Books, or any Part or Parts thereof, without paying any thing for the same, and in case the said Clerk shall refuse to permit or shall not permit the said Trustees or either of them, or any Person rated or assessed as aforesaid, to inspect such Book or Books, or to take such Copies of or Extracts from the same as aforesaid, when required, such Clerk shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds.

VIII. And be it further enacted, That all the Footways and Carriageways now formed and which hereafter shall be formed in the said Square, and all other Footways and Carriageways which now are or hereafter may be laid out and formed in or upon the said Piece of Land belonging to the said _William Farlar_, and also the Footway next the Turnpike Road, such Footway extending from the Entrance of the Mews behind _Brompton Row_, and behind the East Side of the said Square, Westward along the South End of the said Square and in front of _Brunswick Place_, to the Entrance of _Cottage Place_, and the Mews behind the West Side of the said Square, and also all the Houses and Buildings now erected and which hereafter shall be erected upon the said Piece of Land belonging to the said _William Farlar_, shall be deemed to be within the Jurisdiction of this Act; and that it shall be lawful for the said Trustees to cause all the said Footways and Carriageways to be properly formed, paved, or gravelled, amended and kept in repair, upon such Levels and in such Manner and with such Materials as they shall judge necessary, and to cause the said Carriageways to be cleansed and watered, and Drains, Sinks, and Watercourses to be made for conveying the Water off and from the said Footways and Carriageways, and Posts and Rails or Chains to be set up for the Protection and Preservation of the Foot Pavements or any Part thereof, and to cause to be done or made all such Works, Alterations, and Improvements in and about the said Footways and Carriageways as the said Trustees shall from Time to Time deem necessary and proper for the making, maintaining, and supporting the same; and if any Person or Persons shall dig, break, or take up the said Footways or Carriageways, or any Part thereof, without the Consent of the said Trustees, or of some Person empowered by them to give such Consent, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds.

IX. And be it further enacted, That if and as often as any of the Footways or Carriageways within the Jurisdiction of this Act, or any Part or Parts thereof, shall be dug up, opened, or disturbed for the Purpose of laying down, altering, repairing, renewing, or removing any Pipe or Pipes, or for any other Purpose whatsoever, then and in every such Case all and every the Works, Business, and Matters for or in respect whereof such Footways or Carriageways respectively, or any Part or Parts thereof, shall be so dug up, opened, or disturbed, shall be executed and completed with all possible Expedition, and in every such Case (whether such Footways or Carriageways shall be so dug up, opened, or disturbed with or without the Consent of the said Trustees) the Company or Companies, Person or Persons respectively, who from Time to Time shall cause or direct the said Footways or Carriageways, or any Part or Parts thereof respectively, to be so dug up, opened, or disturbed, shall at their own Costs and Charges cause the same to be forthwith well and substantially filled up, rammed down, repaired, and gravelled, and put into as good, sound, and perfect a State and Condition in all respects as the said Footways and Carriageways respectively were in immediately before the same being so dug up, opened, or disturbed; and in case any such Company or Companies, Person or Persons, shall neglect or refuse so to do for the Space of Twenty-four Hours next after the Completion of the Works, Business, or Matters in respect whereof the same shall be so dug up, opened, or disturbed, it shall be lawful for the said Trustees to cause such Footways and Carriageways respectively to be forthwith well and substantially filled up, rammed down, repaved, gravelled, and put into such good, sound, and perfect Condition as aforesaid; and all the Costs, Charges, and Expences thereof shall be repaid to the said Trustees by the Company or Companies, Person or Persons respectively, who shall have caused or directed the same Footways or Carriageways respectively to be so dug up, opened, or disturbed; and unless all such Costs, Charges, and Expences shall be so repaid to the said Trustees (on Demand made thereof by the Clerk or Collector for the Time being appointed or employed by the said Trustees), then all such Costs, Charges, and Expences may be recovered from the Company or Companies, Person or Persons, hereby made liable to repay the same as aforesaid, in the same Manner as any Penalty or Forfeiture incurred under the Provisions contained in this Act may be levied or recovered before any Justice of the Peace.

X. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to cause such Lamp Posts, Lamp Irons, and Lamps to be set up in or about the Footways and Carriageways within the Jurisdiction of this Act, or upon or against the Walls or Palisadoes of or belonging to any adjoining or contiguous House or Building, as they shall deem necessary for lighting the said Footways and Carriageways, and to cause such Lamps to be lighted with Oil or Gas during such Hours and Seasons as they shall from Time to Time deem necessary or proper; and if any Person or Persons shall extinguish the Light in any such Lamp whilst the same ought to be kept burning, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds: Provided always, that if any Damage shall be occasioned to any Building or Wall, or to any Rails or Palisadoes, by the affixing, setting up, taking down, altering, or repairing any such Lamp or Lamp Iron, or the Fastenings thereof, the said Trustees shall immediately cause such Injury or Damage to be well and sufficiently repaired, and the Expence thereof shall be paid out of any Money which shall be raised under the Authority of this Act: Provided also, that nothing herein contained shall authorize the said Trustees to cause any Pipe or Pipes for the Conveyance of Gas to be affixed or continued upon or against any House or Building, except it be with the Consent of the Occupier of such House or Building.

XI. And be it further enacted, That all Pipes and other Conduits to be laid or used for the Conveyance of Gas in, under, through, along, across, or round the said Square called _Brompton Square_, or any other Place within the Jurisdiction of this Act, shall be laid at the greatest practicable Distance from any Water Pipe now or for the Time being laid down for the Conveyance of Water under, through, along, across, or round the said Square, or any such other Place as aforesaid, except in Cases where it shall be unavoidably necessary to lay the Gas Pipes across any of the Water Pipes, in which Case the Gas Pipes shall be laid over and above the Water Pipes at the greatest practicable Distance therefrom, and shall form therewith a Right Angle, and in that Case the Gas Pipes so crossing the Water Pipes shall be at the least Six Feet in Length, so that no Joint of any such Gas Pipe shall be nearer to any Part of any such Water Pipes than Three Feet at the least; and in laying down the Gas Pipes, the said Trustees, or the Company, Contractor, or other Person or Persons supplying Gas or laying down Pipes for the Conveyance thereof, shall in no Case join Two or more Pipes together previously to their being laid in the Trench, but shall lay each Pipe as nearly as may be in its Place in the Trench, and shall in such Trench properly form the Jointing with the other Pipes to be added thereto with proper and sufficient Material, and shall also make and keep all and every such Trench and all Pipes connected or communicating therewith and all the Screws Joints, Inlets, and Apertures therein respectively, air-tight, and in every respect prevent the Gas from escaping therefrom, upon pain of forfeiting for every Offence the Sum of Five Pounds.

XII. And be it further enacted, That in case any Pipe, Cock, or Branch shall in pursuance of the Powers herein contained be carried or laid from any Main or Pipe belonging to the said Trustees, or to any Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square or any other Place within the Limits or Jurisdiction of this Act, into, through, or against any private Dwelling House, Building, Yard, or Ground, for any Purpose whatsoever, and the Owner or Occupier of any such private Dwelling House, Building, Yard, or Ground shall be desirous that the same Pipe, Cock or Branch, shall be altered or removed and taken away, and of such Desire shall give Notice in Writing to the said Trustees, or to such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, then and in every such Case the said Trustees, or such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall within Seven Days next after the Service of such Notice at the usual Office or Place of transacting Business of the said Trustees, Gas Light Company, or other such Person or Persons as aforesaid respectively, alter or remove and take away, or cause to be altered or removed and taken away, all or any such Pipes, Cocks, and Branches respectively, and in default thereof it shall be lawful for such Owner or Occupier, or any Person or Persons acting under the Authority of such Owner or Occupier, to cause such Pipes and Branches respectively to be altered or removed and taken away, as the Case may require; and all the Costs and Expences of and incident to every such Alteration or Removal shall be paid by the said Trustees, or by such Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, and may be recovered in the same Manner as any Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be levied or recovered, before a Justice of the Peace.

XIII. And be it further enacted, That whenever the Water which shall be supplied by any Water Works Company, or Company established for the Supply of Water, shall be contaminated or affected in any way whatsoever by the Gas of the said Trustees, or of any Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square called _Brompton Square_, or any other Place or Places within the Jurisdiction of this Act, then and in every such Case the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall, within Twenty-four Hours next after Notice thereof in Writing, signed by any One of the Directors, or by the Secretary or Chief Clerk for the Time being of any such Water Works Company, and left at the usual Office or Place of transacting Business of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, cause Measures to be taken effectually to stop and prevent such Gas from contaminating or affecting the Water of any such Water Works Company; and in case the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, shall not, within Twenty-four Hours next after each and every such Notice so left as aforesaid, effectually remove the Cause of every such Complaint, and prevent all and every such Contamination whereof Notice shall be given as aforesaid, then and in every such Case the said Trustees, or such Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, shall on each and every Complaint whereof Notice shall be given as aforesaid forfeit and pay to the Secretary or Chief Clerk of such Water Works Company, for the Use and Benefit of such Company, the Sum of Ten Pounds for each and every Day during which the Water supplied by any such Water Works Company shall be and remain contaminated or affected by the Gas of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid; and every such Penalty or Forfeiture shall and may be levied and recovered for the Use of such Water Works Company, in the same Manner as any other Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be levied and recovered before a Justice of the Peace, with Costs, to be assessed by such Justice.

XIV. And whereas it may be or become a Question upon such Complaint as aforesaid whether the said Water be contaminated or affected by the Gas of the Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid; be it therefore enacted, That in every such Case it shall be lawful for any such Water Works Company at aforesaid to dig to and about, and to search and examine all or any of the Mains, Pipes, Conduits, and Apparatus of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, for the Purpose of ascertaining whether such Contamination proceed or be occasioned by the Gas of the said Trustees, or of each Gas Light Company, or other Person or Persons; and if it shall appear that the said Water has been contaminated or affected by any Escape of Gas, then and in every such Case the Costs and Expences of the said Digging, Search, and Examination, and of the Repair of the Pavement of the Street or Place which shall be taken up or disturbed, shall be borne and paid by the said Trustees, Gas Light Company, or other Person or Persons by whose Gas the said Water shall be so contaminated as aforesaid, which Costs and Expences shall be ascertained and determined (if necessary) by any Justice of the Peace, and may be levied and recovered in the same Manner as any Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be recovered before a Justice of the Peace: Provided always, that if upon such Examination it shall appear that such Contamination has not arisen from any such Escape of Gas from any of the Mains, Pipes, or Conduits of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, then and in every such Case the Water Works Company by whom or on whose Behalf such Examination and Search shall be made shall bear and pay all the Costs, Charges, and Expences of and incident to such Examination and Search, and shall also make good to the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, any Loss, Injury, or Damage which may be occasioned to the Mains, Pipes, Conduits, or Apparatus of the said Trustees, Gas Light Company or other Person or Persons as aforesaid, in and by such Search and Examination, and also any Injury or Damage which may be done in or about any of the Footways or Carriageways which shall be broken up or disturbed in such Search or Examination; the Amount of such Injury, Loss, or Damage to be ascertained and determined, if necessary, by any such Justice of the Peace as aforesaid.

XV. And be it further enacted, That whenever any Gas shall be found to escape from any Pipe or Pipes which shall be laid down, set up, or used in or about the lighting _Brompton Square_, or any other Place or Places within the Jurisdiction of this Act, the said Trustees, or the Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid, shall, immediately after Notice given to them or him respectively, by Parol or in Writing, of any such Escape of Gas, from any Person or Persons whomsoever, cause the most speedy and effectual Measures to be taken to stop and prevent such Gas from escaping; and in case the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square or other Place or Places respectively, shall not, within Twenty-four Hours next after such Notice given, effectually stop and prevent any future Escape of Gas, and wholly and satisfactorily remove the Cause of Complaint, then and in every such Case the said Trustees, or the Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall for every such Offence forfeit and pay the Sum of Five Pounds for each Day after the Expiration of Twenty-four Hours from the Time of giving any such Notice, during which the Gas shall be suffered to escape as aforesaid; which Penalty or Penalties shall from Time to Time be recoverable in a summary Way, in the same Manner as any other Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be recovered.

XVI. And be it further enacted, That if the said Trustees, or any Gas Light Company, or other Person or Persons whomsoever contracting to light or lighting with Gas the said Square called _Brompton Square_, or any other Place or Places within the Jurisdiction of this Act, shall at any Time drain, carry, or convey, or cause or suffer to be drained, carried, or conveyed, or to run or flow, any Washings or other Liquid, or any other Matter or Thing whatsoever which shall arise or be made in or about the Prosecution of their Gas Works or the Manufacture of Gas, into the River _Thames_, or any other River, or into any Brook, Stream, Reservoir, Canal, Aqueduct, Waterway, Feeder, Pond, or Spring Head, or into any Drain, Sewer, or Ditch communicating with any of them, or shall do any Annoyance, Act, or Thing to the Water contained in any of them whereby such Water or any Part thereof shall or may be soiled, fouled, or corrupted, then and in every such Case the said Trustees or such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid, shall for every such Offence forfeit and pay the Sum of Two hundred Pounds to any Person or Persons who shall sue for the same in any of His Majesty’s Courts of Record at _Westminster_, by Action of Debt or on the Case, wherein no Essoign, Protection, or Wager of Law, and not more than One Imparlance, shall be allowed; Provided always, that no such Penalty or Forfeiture shall be recoverable, unless the same be sued for within Twelve Calendar Months next after such Annoyance, Injury, Damage, Act, or Thing shall have ceased: Provided also, that in addition to the said Penalty of Two hundred Pounds (and whether such Penalty shall or shall not be sued for or recovered), in case any Washings or other Liquid, or any other Matter or Thing whatsoever which shall arise or be made in or about the Prosecution of such Gas Works, or the Manufacture of Gas as aforesaid, shall be drained, conducted, or conveyed, or caused or suffered to run or flow into the said River _Thames_, Or any other River, or into any Brook, Stream, Reservoir, Canal, Aqueduct, Waterway, Feeder, Pond, or Spring Head, or into any Drain, Sewer, or Ditch, communicating with any of them, or if any such Annoyance, Act, or Thing shall be done or caused to be done as aforesaid, and Notice thereof in Writing shall be given by any Person or Persons whomsoever to the said Trustees, or to the Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid, and if the said Trustees, or such Gas Light Company, or other Person or Persons as last aforesaid, shall not, within Twenty-four Hours next after every such Notice as aforesaid, stop and prevent all such Washings or other Liquids, and all such other Substances and Things as aforesaid from being drained, conducted, or conveyed, or from running or flowing in manner aforesaid, and also cause any such other Annoyance, Act, or Thing as aforesaid to be discontinued, then and in every such Case the said Trustees, Gas Light Company, or other Person or Persons so offending shall forfeit and pay the Sum of Twenty Pounds for each and every Day such Washings or other Liquids, or other Matters or Things, shall be so drained, conducted, or conveyed, or caused or suffered to run or flow in manner aforesaid, or such other Annoyance, Act, or Thing shall be so done or caused to be done as aforesaid; and such last-mentioned Penalty shall and may be levied and recovered in the same Manner as any other Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be levied or recovered, and shall be paid to the Informer or Informers, or to the Person or Persons who in the Judgment of the Justice or Justices before whom the Conviction shall take place shall have sustained any Annoyance, Injury, or Damage by the Act, Matter, or Thing in respect whereof such Penalty or Forfeiture shall be inflicted.

XVII. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to appoint so many able-boded Men to act as Watchmen, and to patrol, watch, and guard the said Square, and all other Places within the Jurisdiction of this Act, during such Hours and at such Wages as the said Trustees shall think proper, and to provide suitable Arms and Clothing for such Watchmen, and also to provide and set up Watchboxes for their Reception at such Places as the said Trustees shall think necessary; and also to provide a proper Watchhouse or Place for the safe Custody of such Persons as may be apprehended by such Watchmen while on Duty; and that such Watchmen shall act as Constables during the Hours appointed for their watching, and shall have, exercise, and enjoy all such and the like Powers and Authorities, Privileges and Immunities, as any Constable may have and enjoy by Law; and every Person who shall assault or resist, or promote or encourage the assaulting or resisting, any such Watchman in the Execution of his Duty, and also every Victualler who shall harbour or entertain any Watchman during any Part of the Time appointed for his being on Duty, shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds; and in case and as often as any such Watchman shall misbehave himself or neglect his Duty, he shall forfeit and pay a Sum not exceeding Two Pounds.

XVIII. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to cause the Name of the said Square, and of any other Street or Place within the Jurisdiction of this Act, to be painted or otherwise described in a conspicuous Part of any House or Building within such Square, Street, or Place respectively; and also from Time to Time to cause all the Houses, Buildings, and Tenements within the Jurisdiction of this Act to be distinguished by Numbers, to be painted or affixed upon the Entrance Doors thereof respectively; and if any Person or Persons shall alter or wilfully deface or remove any such Name or Number, or any Part thereof, or if any Person or Persons for the Time being chargeable with the Rates which shall be made in pursuance of this Act in respect of any House, Building, or Tenement of which the Number shall be so altered, defaced, or removed, shall not perfectly reinstate such Number within Seven Days next after such Person or Persons respectively shall be required so to do by a Notice from the said Trustees or their Clerk, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds.

XIX. And be it further enacted, That proper Gates shall be erected and at all Times kept up and preserved by the said Trustees, across the Footways and Carriageways at the Entrance to _Brompton Square_ next the Turn-pike Road, so as to inclose and keep the same Footways and Carriageways (such footways and Carriageways not being now public Highways) private, as far as may be consistent with the general Convenience of the Occupiers of Houses in the said Square; and which said Gates shall be kept closed during such Hours between Ten of the Clock at Night and Seven of the Clock in the Morning, as the said Trustees shall direct, and during those Hours a Key or Keys thereof shall be left in the Charge of the Watchman or Watchmen on Duty in the said Square.

XX. And be it further enacted, That the said Trustees shall contract with or employ some Person or Persons to cleanse the Carriageways, and take away the Dust, Cinders, Ashes, and Rubbish (not being Rubbish arising from Building or Repairs) from the Houses of the Inhabitants within the Jurisdiction of this Act; and if any Person or Persons (not being duly authorized by the said Trustees, and not acting under or on behalf of a Person so authorized) shall go about to collect or gather, or shall ask for, receive, or carry away any Dust, Cinders, or Ashes from any House, Building, or Place within the Jurisdiction of this Act, every Person so offending shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds.

XXI. And, to the Intent that a Pleasure Garden or Shrubbery may be maintained and preserved within the inclosed Area of the said square, for the Embellishment thereof, and for the Use of the Inhabitants of the Houses in the said Square; be it further enacted, That it shall be lawful for the said Trustees from Time to Time to contract for, and in the Names of any Five or more of the said Trustees, to take and accept from the said _William Farlar_, his Heirs or Assigns, a Lease or Leases of all Ground now laid out and which hereafter shall be laid out as or for an inclosed Area in the said Square, at such Rent or Rents, and subject to such Stipulations and Conditions as shall from Time to Time be settled and agreed upon between the said Trustees and the said _William Farlar_, his Heirs or Assigns, so that such Rent or Rents shall not in the whole at any one Time exceed the yearly Sum of Thirty Pounds, and the Estate and Interest of the Lessees in every such Lease shall by virtue of this Act absolutely vest in the Trustees for the Time being; and such Rent or Rents, and the Costs and Charges of and incident to the Performance of such Stipulations and Conditions, and also the Costs and Charges of every such Lease, shall be paid out of the Rates to be made by virtue of this Act; and during the Continuance of every such Lease the said inclosed Area (subject to the Stipulations and Conditions which shall be contained in every such Lease respectively) shall be kept and maintained as and for a private Pleasure Garden and Shrubbery, for the exclusive Use and Enjoyment of the Persons for the Time being occupying Houses in the said Square (subject to the Regulations and Provisions contained in this Act), and shall be kept securely fenced in and inclosed with good and substantial Iron Railing, and proper Entrance Gates, and with good and secure Locks on all such Gates; and no Person or Persons whomsoever other than the Occupiers of Houses in the said Square (not being menial Servants) shall be entitled to have or use any Key or Keys of the said inclosed Area, except it be with the Consent in Writing of the Majority of the said Trustees, who for the Time being shall be Occupiers of Houses in the said Square: Provided always, that the Owners and Occupiers of Houses in the said Square called _Brompton Square_ built previously to the passing of this Act, shall, notwithstanding any thing herein-before contained, have and enjoy all Right and Interest, if any, which such Owners or Occupiers respectively may have, or be entitled to, in the inclosed Area of the said Square under or by virtue of any Covenant or Agreement now in existence.

XXII. And be it further enacted, That it shall be lawful for the said Trustees to contract, by the Year or otherwise, with any Person or Persons for the doing of any Works or Business whatsoever relating to or connected with the Execution of this Act, so that no such Contract shall continue in force for more than Three Years from the Time of contracting, and the Clerk to the said Trustees shall enter all such Contracts in a Book or Books to be provided and kept for that Purpose.

XXIII. And be it further enacted, That all the Paving Stones, Gravel, and other Materials of which the Footways and Carriageways within the Jurisdiction of this Act shall for the Time being consist, and the Posts and Rails which shall be set up for the Protection of the said Footways, and also all the Lamp Posts, Lamp Irons, Lamps, and other Utensils which the said Trustees shall from Time to Time cause to be set up or used for lighting the said Footways and Carriageways, and the Watchboxes, Arms, and Clothing which shall be provided by the said Trustees for the Use of the Watchmen who shall be employed in pursuance of this Act, and also (during the Continuance of any Lease of the inclosed Area of the said Square which shall be granted to the said Trustees as aforesaid) the Iron Railing, Fences, Gates, and Locks of and belonging to the said inclosed Area, and the Fences, Plants, Shrubs, and Herbage in the said inclosed Area for the Time being, and also the Materials of which the Gravel Walks therein for the Time being shall be formed and consist, shall for all Purposes be deemed and considered as vested in the said Trustees, and shall in all Actions, Suits, Indictments, Complaints, Convictions, and other Proceedings whatsoever relating thereto, be described generally as the Property of the Trustees for regulating and improving _Brompton Square_ and certain adjacent Places, without naming the said Trustees or any of them.

XXIV. And be it further enacted, That if any Person or Persons shall wilfully or maliciously destroy or damage any of the Footways or Carriageways within the Jurisdiction of this Act, or any Part thereof, or any Post, Rail, Lamp Post, Lamp Iron, Lamp, Watchbox, Arms, Clothing, or other Utensil or Thing which shall be provided by or in pursuance of the Directions of the said Trustees, or any of the Iron Railing, Fences, Gates, Locks, Trees, Plants, Shrubs Herbage, or Gravel Walks of or belonging to the inclosed Area of the said Square, or any of them, or any Part thereof respectively, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds; and every such Person, and also every Person by whom any of the said Footways and Carriageways, Lamp Posts, Lamp Irons, Lamps, Watchboxes, Arms, Clothing, Iron Railing, Fences, Gates, Locks, Trees, Plants, Shrubs, Herbage, Gravel Walks, Utensils and Things, or any of them or any Part thereof respectively, shall be carelessly or accidentally destroyed or damaged, shall make full Satisfaction for the Damage or Injury done or committed by him, her, or them respectively; and unless such full Satisfaction shall be forthwith made, any Justice of the Peace, upon Application to him for the Purpose by or on behalf of the said Trustees, may award such Sum of Money to be paid to the said Trustees by way of Satisfaction for such Damage as such Justice shall think reasonable, and the same shall be recovered in the Manner herein-after provided for the Recovery of any Fine, Penalty, or Forfeiture to be inflicted or imposed under the Provisions of this Act.

XXV. And be it further enacted, That if at any Time or Times during the Continuance of any Lease or Leases of the inclosed Area of the said Square, any Person or Persons shall, without the Consent in Writing of the said Trustees, make or cause to be made, or shall sell or cause to be sold, or shall offer for Sale any Key or Keys for unlocking or opening the Gates of the inclosed Area of the said Square, or any of them, or if any Person or Persons shall knowingly purchase or use any Key or Keys so unlawfully made or sold, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds, and it shall be lawful for the said Trustees or any of them, or any Person or Persons in their Service or Employ, or acting under their Authority, to seize and to detain and keep or to destroy every such Key.

XXVI. And be it further enacted, That to enable the said Trustees to carry this Act into Execution it shall be lawful for them from Time to Time to make such Rates as they shall deem needful upon the Tenants and Occupiers of all Lands, Houses, Shops, Coach-houses, Stables, Erections, Buildings, and other Tenements whatsoever within the Jurisdiction of this Act, in such Sums of Money as the said Trustees shall think proper, so that such Rates shall be just and equal Pound Rates, according to the annual Rent or Value of the Premises thereby assessed, and so that the Costs and Expences of and incident to the enclosed Area of the said Square shall be wholly borne by the Tenants and Occupiers of Houses in the said Square, and so that in every such Rate it shall distinctly appear what Part thereof shall be raised in respect of the said last-mentioned Costs and Expences, and so that the said Rates shall not in any One Year exceed the Sum of Two Shillings in the Pound of the annual Rent or Value of the Property rated, except as to Houses in the said Square, after such Lease of the enclosed Area of the said Square shall be obtained as aforesaid, and during the Continuance of every such Lease, and so that in the last-mentioned Cases the Rates in respect of the Houses in the said Square shall not in any One Year exceed the Sum of Two Shillings and Sixpence in the Pound of the Rent or annual Value thereof; and in making the said Rates, all Stables, Coach-houses, and other Buildings which shall belong to or be held and occupied with any of the Houses in the said Square, and within the Jurisdiction of this Act, shall be respectively rated with such Houses, and not as separate Buildings; and to facilitate the making of the said Rates, it shall be lawful for the said Trustees, or any Person or Persons appointed by them, at all seasonable Times to examine the Books of Assessment to any Public, Parliamentary. Parochial, or Local Tax charged upon or affecting the Houses, Buildings, or Tenements within the Jurisdiction of this Act, or any of them.

XXVII. And be it further enacted, That in every Rate to be made as aforesaid, the Landlord or Proprietor of every House or Tenement within the Jurisdiction of this Act, which shall be occupied by any Ambassador, Foreign Minister, or other Person not compellable by Law to pay such Rate, shall be deemed to be and shall be rated as the Occupier thereof respectively.

XXVIII. And be it further enacted, That whenever any House within the Jurisdiction of this Act shall be let out ready furnished, or shall be let out, furnished or unfurnished, in separate Tenements, or wholly or in part to a Lodger or Lodgers, the Landlord or Owner, being the Person or Persons claiming or receiving the Rent payable by the Occupier or Occupiers of every such furnished House, Tenement, or furnished Lodging respectively, shall be deemed to be and shall be rated as the Occupier thereof: Provided always, that the Goods and Chattels of every Occupier of any such ready-furnished House or separate Tenement or Lodging, shall (without Prejudice to the Liability of the Person or Persons so rated) be liable to be distrained for raising such Rates, and all Arrears thereof, so that in no Case any greater Sum shall be levied by Distress of the Goods and Chattels of any such Occupier than shall at the Time of making such Distress be actually due from such Occupier for the Rent of the Premises in which such Distress shall be made: Provided also, that every such Occupier who shall pay any such Rate or Rates, or upon whose Goods and Chattels the same shall be levied, shall and may deduct the Amount of the Sum or Sums which shall be so paid or levied out of any Rent payable by such Occupier to the Person or Persons rated; and such Payment shall be a sufficient Discharge to every such Occupier for so much of such Rent accordingly.

XXIX. And be it further enacted, That every Rate which shall be made for the Purposes of this Act may from Time to Time be altered and amended by the said Trustees at any Meeting pursuant to this Act, either by inserting the Name or Names of any Person or Persons who ought to have been rated or who shall have come into the Possession of any rated or rateable House, Building, or Tenement during the Time for which any Rate may be payable, or by striking out the Name or Names of any Person or Persons who ought not to have been rated, or by raising or lowering the Sum or Sums charged upon any Person or Persons, or by apportioning between any outgoing and incoming Tenant any Sum or Sums which shall be charged upon either in such Rate or otherwise as the said Trustees shall think necessary for making such Rate a just and equal Rate; and the Monies charged to any Person or Persons in consequence of any such Alteration or Amendment may be recovered and levied in the same Manner as if such Alteration or Amendment had been an original Insertion.

XXX. And be it further enacted, That the first Rate which shall be made by virtue of this Act shall be for Two Quarters ending at _Christmas Day_ next after the passing of this Act, and that every subsequent Rate shall be for One whole Year, commencing from the Expiration of the Term for which the preceding Rate shall have been made; and that all the said Rates shall become due and be payable immediately upon the making thereof, but may be collected in one or several Payments, or yearly, half-yearly, or quarterly, as the said Trustees shall from Time to Time direct; and that such Rates and all other Monies which shall become due or be payable to the said Trustees in pursuance of the Provisions in this Act contained shall be and are hereby vested in the said Trustees, and shall be paid to such Person or Persons as the said Trustees shall from Time to Time appoint to collect and receive the same, and shall be applied and disposed of by the said Trustees in defraying the Expences of and incident to the Execution of this Act, and otherwise as in or by this Act is directed or authorized.

XXXI. And be it further enacted, That if any Person or Persons liable to pay any Rate or Rates which shall be made in pursuance of this Act, or any Part or Parts of any such Rate or Rates, shall refuse or neglect to pay the same, it shall be lawful for any Justice of the Peace for the County of _Middlesex_, and every such Justice is hereby authorized and empowered (such Defaulter having been first duly summoned to appear before such Justice or Justices to shew Cause for such Refusal or Neglect, and not having appeared upon such Summons, or having appeared and not shewn good and sufficient Cause to such Justice that he, she, or they, is or are not chargeable with such Rate or Rates) to grant a Warrant under his Hand and Seal, authorizing the Person appointed to collect the same Rates as aforesaid, or any other Person or Persons, to levy such Rate or Rates, and all Arrears thereof, together with all incidental Coats and Expences, by Distress of the Goods and Chattels of the Person or Persons so neglecting or refusing; and if the said Rate or Rates, and all Arrears thereof, together with all such Costs as aforesaid, and also all Costs of and incident to the taking and detaining the Distress, shall not be paid within Five Days next after the Distress shall be taken, the Person appointed to collect the said Rates, or other Person authorized by the said Warrant, shall cause the Goods and Chattels distrained to be appraised and sold, or such Part thereof as shall be sufficient to pay the said Rate or Rates, and all Arrears thereof, and all such Costs and Expences as aforesaid, and the Costs and Expences of keeping, appraising, and selling the Distress, and after full Payment of the same, shall return the Overplus (if any) to the Owner or Owners of such Goods and Chattels respectively, on Demand made thereof by such Owner or Owners; and in default of such Distress it shall be lawful for any such Justice to commit the Person or Persons so neglecting or refusing to pay such Rate or Rates, and all Arrears thereof, and all attendant and incidental Costs and Expences as aforesaid, to the Common Gaol or House of Correction, there to remain without Bail or Mainprize for any Time not exceeding Six Calendar Months, unless Payment shall be sooner made of such Rate or Rates, and all Arrears thereof as aforesaid, together with all Costs and Expences attendant upon and incident to the Recovery thereof (such Costs and Expences to be ascertained and determined by such Justice); and subject and without Prejudice to the Powers and Remedies herein before provided for the Recovery of the said Rates, the said Trustees may sue for and recover the same, with full Costs of Suit, in any Court of Request, or by Action of Debt in any of His Majesty’s Courts of Record; and in every such Action it shall be sufficient to declare that the Defendant is indebted to the Plaintiff in the Sum sought to be recovered by virtue of a Rate (or of several Rates, as the Case may require) made in pursuance of this Act.

XXXII. And be it further enacted, That it shall be lawful for the said Trustees to borrow at Interest, or to raise by the Sale of One or more Annuity or Annuities for a Life or Lives (subject to the Restrictions herein-after contained), any Sum or Sums of Money which the said Trustees shall from Time to Time require, in or about the Execution of this Act; and the said Trustees shall make and deliver to the Person or Persons from whom any Money shall be so borrowed One or more Promissory Note or Notes in the Form or to the Effect following, to the Amount of the Money so borrowed; namely,

‘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 —.’