Chapter III: Part 3

And the Money expressed to be made payable in every such Promissory Note as aforesaid, and the Interest thereof, and also every Annuity which shall be granted as aforesaid, shall be and are hereby respectively charged upon and made payable out of the Rates to be made by virtue of this Act, and shall be paid accordingly; and every such Promissory Note shall be transferable by Indorsement and Delivery, in the same Manner as any other Promissory Note is by Law transferable; and every such Annuity shall be and be deemed Personal Estate; but no such Annuity shall be granted for the Lives of more than Two Persons, or be made to depend on the Life or Lives of any Person on Persons who at the Time of granting such Annuity shall be under the Age of Thirty-five Years, nor shall any such Annuity be granted so as to produce to the Purchaser an Income exceeding by more than One-fifth the Income which a Sum equal in Amount to the Purchase Money for the same would produce if then invested in the Purchase of a similar Annuity, according to the Rate prescribed by Two several Acts, one made in the Forty-eighth Year of the Reign of His late Majesty King _George_ the Third, intituled _An Act to enable the Commissioners for the Reduction of the National Debt to grant Life Annuities_, and the other made in the Fifty-second Year of the Reign of His said late Majesty, intituled _An Act for amending Two Acts passed in the Forty-eighth and Forty-ninth Years of His present Majesty_, _for enabling the Commissioners for the Reduction of the National Debt to grant Life Annuities_; and none of the said Trustees shall be personally liable for the Payment of any Promissory Note or Annuity to be issued or granted in pursuance of this Act.

XXXIII. And be it further enacted, That the Names of the Trustees present at each Meeting in pursuance of this Act, and also all their Orders and Proceedings at each such Meeting, shall be entered in a Book or Books to be kept for that Purpose; and the Entry of the Proceedings at each Meeting shall be signed by the Chairman at the next Meeting, and such Entries being so signed shall be deemed Originals, and may be read in evidence in all Courts whatsoever.

XXXIV. And be it further enacted, That if any Person or Persons shall beat or dust, or cause to be beat or dusted, any Carpet or Carpets, or shall slack, sift, or screen, or cause to be slacked, sifted, or screened, any Lime or Rubbish, or shall mix any Mortar, or shall make or assist in making any Bonfire, or shall discharge any Fireworks, or play at Football, or any other Game in the said Square, or any Part thereof; or if any Person or Persons shall set or place or cause to be set or placed any Timber, Bricks, Stone, Lime, Mortar, or other Building Materials, or any Stall, Stallboard, or Basket, or any Goods, Wares, or Merchandize whatsoever, or any Mud, Dirt, Sand, Rubbish, Filth, Dung, Ashes, or Dust, upon any Footway or Carriageway within the Jurisdiction of this Act; or if any Person or Persons shall run, drive, or place, or cause to be run, driven, or placed, any Coach, Chaise, Waggon, Cart, Truck, Wheelbarrow, or other Carriage whatsoever, upon any Footway within the Jurisdiction of this Act; or if any Person or Persons shall cause or wilfully permit or suffer any Horse or other Beast or Cattle, which such Person or Persons may be riding, driving, or leading, to go upon any such Footway, or shall tie or fasten any Horse or other Beast or Cattle to any House, Wall, Fence, Post, Rail, or other Thing whatsoever, across any Footway or Carriageway within the Jurisdiction of this Act; or if any Person or Persons shall place or put out, or cause or permit to be placed or put out upon or before any House or Building next or towards any Footway within the Jurisdiction of this Act, any Garden or other Pot or Tub (except such Pot or Tub shall by Iron Rails or Bars be perfectly secured from falling); or if any Person or Persons shall lead or drive any Horse or other Beast in any Part of the said Square, either with or without any Carriage, for the Purpose of breaking, exercising, trying, or offering for Sale any such Horse or other Beast; or if any Person or Persons shall empty or begin to empty any Boghouse, or to take away any Night Soil from any House or Place within the Jurisdiction of this Act, or shall come with Carts or Carriages for that Purpose (except between the Hours of Twelve of the Clock at Night and Five of the Clock in the Morning); or if any Person or Persons shall occasion any other Kind of Obstruction or Annoyance whatsoever, in or upon any of the Footways or Carriageways within the Jurisdiction of this Act, or shall obstruct or incommode, hinder or prevent, the free Passage of any such Footway or Carriageway, or prejudice or annoy in any Manner whatsoever any Person or Persons travelling, passing, or going thereon; or if any Person or Persons shall breed, feed, or keep any Kind or Species of Swine in any House or Building within the Jurisdiction of this Act, or within any Yard, Garden, or other Tenement held with any such House or Building; every such Person shall forfeit and pay a Sum not exceeding Five Pounds for every such Offence.

XXXV. Provided always, and be it further enacted, That no Person shall be subject to any Penalty on account of any Rubbish, Building Materials, or Scaffolding, being necessarily deposited or fixed in or upon any Footway or Carriageway, before any House or Building which shall be pulling down, rebuilding, or under Repair, so that the same be properly enclosed, and convenient Space left for Carriages to pass and repass with ease and Safety, and so that a sufficient Light be kept up and maintained there from Sun-set to Sun-rise, to prevent Accidents, and so that all such Rubbish, Building Materials, Enclosures, and Scaffolding respectively, be removed within a reasonable Time after such pulling down, rebuilding, or repairing shall be finished, or upon Notice signed by the Clerk to the said Trustees, and given to the Owner or Occupier of the House or Building which shall be so pulling down, rebuilding, or under Repair, or affixed upon some conspicuous Part of such House, Building, Enclosure, or Scaffolding: Provided also, that in case any Person or Persons so depositing or affixing or causing to be deposited or affixed any such Rubbish, Building Materials, or Scaffolding as aforesaid, in or upon any of the said Footways or Carriageways as aforesaid, shall not properly enclose the same, and leave convenient Space for Carriages to pass and repass with Ease and Safety as aforesaid, and also keep up a good and sufficient Light there from Sun-set to Sun-rise, so as to prevent Accidents, or shall not remove any such Rubbish, Building Materials, or Scaffolding upon such Notice as aforesaid, every Person making default in any of the Cases aforesaid shall forfeit and pay a Sum not exceeding Ten Pounds.

XXXVI. And be it further enacted, That it shall be lawful for any Officer or Person employed in the Execution of this Act, without any other Warrantor Authority than this Act, to seize and detain, and for any other Person or Persons to assist in seizing and detaining any unknown Person or Persons who shall commit any Offence punishable under this Act, and to take such Offender or Offenders before a Justice of the Peace, in order to his or her Conviction for such Offence.

XXXVII. And be it further enacted, that if any Person or Persons shall obstruct, hinder, or molest the said Trustees or any of them, or any Officer or other Person whomsoever, who shall be employed or acting in the Execution of this Act, in the Performance of any Act, Matter, or Thing to be done by virtue of or under the Authority of this Act, or if any Person or Persons who shall be summoned to give Evidence before any Justice of the Peace touching or concerning any Offence or Matter punishable under this Act, shall not attend pursuant to such Summons, nor produce a sufficient Excuse to the Satisfaction of such Justice for his Non-attendance, every Person or Persons so offending shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds.

XXXVIII. And be it further enacted, That all Penalties and Forfeitures which shall be incurred under the Provisions herein-before contained, the Manner of levying or recovering whereof is not herein-before particularly directed, shall be recoverable before any Justice of the Peace for the County of _Middlesex_, upon Complaint made to any such Justice within Six Calendar Months next after the Offences respectively shall be committed; and it shall be lawful for every such Justice to whom such Complaint shall be made, to summon the Party or Parties complained against before him, and on such Summons to hear and determine the Matter of such Complaint, and on Proof of the Offence or Offences respectively, either by the Confession of the Offender or Offenders, or by the Oath of any credible Witness or Witnesses, to convict such Offender or Offenders, and to adjudge him or them to pay the Penalty or Forfeiture incurred, although no Information in Writing shall be exhibited before such Justice; and in every Case where any such Penalty or Forfeiture, together with all Costs of and incident to the Complaint, Summons, Hearing, and Conviction, shall not be forthwith paid by the Offender or Offenders at the Time of Conviction, such Penalty and also such Costs as aforesaid shall be levied by Distress and Sale of the Goods and Chattels of the Offender or Offenders, by Warrant under the Hand and Seal of such Justice, (and which Warrant such Justice is hereby empowered and required to grant); and in every such Case it shall be lawful for such Justice to order the Offender or Offenders so convicted to be detained and kept in safe Custody until Return can conveniently be made to such Warrant of Distress, unless the Offender or Offenders shall give sufficient Security, to the Satisfaction of such Justice, for his or their Appearance before such Justice on such Day or Days as shall be appointed for the Return of such Warrant of Distress (not being more than Seven Days from the Time of taking such Security), and which Security the said Justice is hereby empowered to take by way of Recognizance or otherwise; and if upon the Return of such such Warrant it shall appear that no sufficient Distress can be had thereupon, or in case it shall appear to the Satisfaction of such Justice, either by the Confession of the Offender or Offenders or otherwise, that such Offender or Offenders hath or have not sufficient Goods and Chattels whereon such Penalties or Forfeitures with all Costs as aforesaid can be levied, if a Warrant of Distress were issued (in which Case it shall not be necessary to issue any Warrant of Distress), then and in every such Case it shall be lawful for such Justice to cause such Offender or Offenders to be committed to the Common Gaol or House of Correction, there to remain without Bail or Mainprize for any Term not exceeding Six Calendar Months, unless such Penalties and Forfeitures, and all attendant and incidental Costs, shall be sooner paid; and the Monies arising by such Penalties and Forfeitures respectively shall from Time to Time, in every Case where the Appropriation thereof is not herein-before otherwise directed, be paid to the Treasurer to the said Trustees, and (subject to the Power hereby given to the said Trustees to dispose of any Part or Parts thereof, not exceeding One Half, in rewarding the Informer or Informers, or any other Person or Persons who shall have aided in detecting or convicting the Offender or Offenders respectively) shall be applied and disposed of for the Purposes of this Act.

XXXIX. And be it further enacted, That every Justice of the Peace before whom any Person shall be convicted of any Offence against this Act, shall and may cause the Conviction to be drawn up in the following Form of Words, or in any other Form to the like Effect:

‘Middlesex to wit. } BE it remembered, That on the — Day of — in the
Year of our Lord — _A. B._ is convicted before — One of His Majesty’s
Justices of the Peace for the County of _Middlesex_, of [_here
shortly state the Offence_, _and when and where committed_] contrary
to the Form of a Statute made in the Fifth Year of the Reign of His
Majesty King _George_ the Fourth, intituled [_here set forth the
Title of this Act_], and I do adjudge that the said _A.B._ hath
therefore forfeited the Sum of —. Given under my Hand and Seal, the
Day and Year first above written.’

XL. And be it further enacted, That where any Distress shall be made for any Rate or Penalty to be levied in pursuance of the Provisions contained in this Act, the Distress shall not be deemed unlawful, nor the Party or Parties making the same a Trespasser or Trespassers, on account of any Defect or Want of Form in any Proceeding relating thereto, nor shall the Party or Parties distraining be deemed a Trespasser or Trespassers _ab initio_, on account of any subsequent Irregularity, but the Person or Persons aggrieved by any such Irregularity may recover full Compensation for any special Damage by an Action on the Case, subject to the Limitations herein-after made.

XLI. And be it further enacted, That if any Person shall think himself or herself aggrieved by any Rate to be made in pursuance of this Act, he or she, having first paid such Rate or Assessment, may appeal to the said Trustees at their next Meeting after the Payment thereof, and the said Trustees, if they shall think such Person aggrieved, shall give such Relief in the Premises as they shall deem reasonable; and if any such Person shall be dissatisfied with the Determination of the said Trustees, or if any Person shall think himself or herself aggrieved by any thing which shall be done by any Justice of the Peace in the Execution of this Act, such Person may appeal to the Justices of the Peace for the County wherein the Cause of Complaint shall arise, at their General Quarter Sessions to be held next after the Expiration of One Calendar Month from the Time when the Cause of Complaint shall arise, but not afterwards, such Appellant first giving Fourteen Days Notice at the least in Writing of his or her Intention to make such Appeal, and of the Matter thereof, to the Clerk to the said Trustees, and within Five Days next after such Notice entering into a Recognizance before some Justice of the Peace for such County, with Two sufficient Sureties conditioned to try such Appeal at and abide the Order of and pay such Costs as shall be awarded by the Justices at such Sessions, and also (when the Appeal shall be against a Conviction) to pay the Penalty or Forfeiture, if the Conviction shall be affirmed; and the said Justices at such Sessions, upon Proof of such Notice having been given as aforesaid, and of such Recognizance as aforesaid having been entered into, shall hear and finally determine the Matter of such Appeal in a summary Way, and award such Costs to the Appellant or Respondent as the said Justices shall think proper, and may by their Order or Warrant levy such Costs by Distress and Sale of the Goods and Chattels of the Person or Persons ordered to pay the same, and for want of sufficient Distress may commit such Person or Persons to the Common Gaol or House of Correction for any Term not exceeding Six Calendar Months, or until Payment of such Costs, and the Determination of the said General Quarter Sessions shall be final and conclusive to all Intents and Purposes; and no such Rate or Assessment as aforesaid, nor any Proceeding touching the Conviction of any Offender or Offenders, or any other Matter or Thing done or transacted in or about the Execution of this Act, shall be quashed or vacated for Want of Form, or removed by Certiorari or any other Writ or Process whatsoever, into any of His Majesty’s Courts of Record at _Westminster_; but any such Rate or Assessment, or any Matter of Form in any Conviction or Proceeding as aforesaid, may be amended as the Justices at any General Quarter Sessions shall direct.

XLII. And be it further enacted, That any Justice of the Peace for the County of _Middlesex_ may act as such in the Execution of this Act, notwithstanding he may at the same Time be a Trustee under this Act; and none of the said Trustees, nor any rated Inhabitant or Occupier of any House, Building, or Tenement within the Jurisdiction of this Act, shall by reason thereof be deemed an incompetent Witness in any Action, Prosecution, Information, Complaint, Appeal, or Proceeding whatsoever relating to the Execution of this Act, or to any Rate made in pursuance thereof; and all Notices and Summonses which are required to be given by this Act, or which may be necessary for carrying this Act into Execution, may be either written or printed, or partly written and partly printed, and may (in all Cases in which the Manner of serving the same is not particularly directed by this Act) be served either by delivering the same to the Person or Persons to whom such Notices or Summonses respectively are directed, or by leaving the same at the usual or last known Place of Abode of such Person or Persons, or at or upon any House, Building, or Tenement whereunto such Notices or Summonses respectively shall relate.

XLIII. And be it further enacted, That the said Trustees may sue and be sued in the Name of their Clerk or Treasurer for the Time being, and not otherwise; and no such Action or Suit shall abate or be discontinued by the Death or Removal of such Clerk or Treasurer, but the Clerk or Treasurer for the Time being to the said Trustees shall always be deemed Plaintiff or Defendant, as the Case may be, but such Clerk or Treasurer shall not be personally answerable for any Damages or Costs which may be recovered against him by reason of his being so made Plaintiff or Defendant, but such Damages and Costs respectively shall be paid by the said Trustees out of the Money to be raised under this Act; and such Clerk or Treasurer shall be a competent Witness in such Action, notwithstanding he may be the nominal Plaintiff or Defendant.

XLIV. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to hire any Room or Building, as they shall think fit, in any convenient Place within the Limits of this Act, to be used as and for an Office or Offices for keeping their Accounts, holding their Meetings, and transacting the Business relating to this Act, or for other the Purposes of this Act, and to accept and take a Lease of such Room or Building to themselves, or any of them, or to any Person or Persons in Trust for them, for any Term or Number of Years, at and under such Rent or Rents as they shall from Time to Time think fit, and to pay such Rent or Rents out of the Money to arise by virtue of this Act.

XLV. And be it further enacted, That no Action or Suit shall be commenced against any Person or Persons for any thing done by such Person or Persons in or about the Execution of this Act, until the Expiration of One Calendar Month next after a Notice in Writing, fully and explicitly stating the Cause or Causes of Action, and the Name or Names, and Place or Places of Abode of the intended Plaintiff or Plaintiffs, and of his or their Attorney or Agent, shall have been delivered to or left at the usual Place of Abode of the intended Defendant or Defendants; and no such Action or Suit shall be commenced after a Tender of sufficient Amends shall have been made, either to the Party aggrieved or (on his or their Behalf) to the Attorney or Agent named in such Notice, nor after the Expiration of Six Calendar Months next after the Fact committed, and the Venue in every such Action or Suit shall be laid in the County where the Cause of Action shall have arisen and not elsewhere; and the Defendant or Defendants may at his or their Election plead specially or the General Issue, and at the Trial thereof give this Act and the special Matter in Evidence; and if the Matter or Thing complained of shall appear to have been done under the Authority of this Act, or if any such Action or Suit shall be brought contrary to the foregoing Restrictions and Limitations, or any of them, then the Jury shall find for the Defendant or Defendants; and upon such Verdict, or if the Plaintiff or Plaintiffs shall be nonsuited, or discontinue his, her, or their Action, after the Defendant or Defendants shall have appeared, or if upon Demurrer Judgment shall be given against the Plaintiff or Plaintiffs, then the Defendant or Defendants shall have Treble Costs, and have such Remedy for the Recovery thereof as any Defendant may have for the Recovery of Costs in any Case by Law.

XLVI. And be it further enacted, That no Person who shall be an Occupier of any House, Building, or Tenement within the Jurisdiction of this Act, and shall be charged in respect thereof towards any of the Rates to be made by virtue of this Act, shall be liable or charged in respect of the same Premises to or with any general Rate or Rates for paving, lighting, or watching the Town or Parish of _Kensington_ or any Part thereof, or to or with any Rate for or towards paving, lighting, or watching any particular Street, Road, or Place; any Law or Usage to the contrary notwithstanding.

XLVII. Provided always, and be it further enacted. That nothing herein contained shall extend to authorize the said Trustees to expend any Money which shall be raised under the Authority of this Act in or about the first laying out, forming, paving, or gravelling any of the Footways or Carriageways on the East, West, or North Sides of _Brompton Square_, or in or about the first enclosing, forming, or planting any Part of the Area of the said Square.

XLVIII. Provided always and be it further enacted, That nothing in this Act contained shall extend or be deemed or construed to extend to prejudice, diminish, alter, or take away any of the Rights, Powers, or Authorities vested in the Commissioners of Sewers for the City and Liberty of _Westminster_ and Part of the County of _Middlesex_; but all the Rights, Powers, and Authorities vested in them shall be as good, valid, and effectual as if this Act had not been made.

XLIX. Provided also, and be it further enacted, That nothing in this Act contained shall operate or be construed to take away any Right, Power, Interest, Privilege, Advantage, or Authority, which is by Law now vested in the Governor and Company of _Chelsea_ Water Works, or in the Company of Proprietors of the West _Middlesex_ Water Works, or in the Grand Junction Water Works Company respectively; but that all and every the said Rights, Powers, Interests, Privileges, Advantages, and Authorities respectively, may be exercised and enjoyed in as full and ample a Manner to all Intents and Purposes as the same were exercised and enjoyed immediately before the passing of this Act.

L. And be it further enacted, That all Costs and Expences of and incident to the obtaining and passing this Act shall be paid out of the first Monies which shall be raised by virtue of this Act.

LI. And be it further enacted, That this Act shall be deemed and taken to be a Public Act, and shall be judicially taken notice of as such by all Judges, Justices, and others, without being specially pleaded.

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LONDON: Printed by GEORGE EYRE and ANDREW STRAHAN,
Printers to the King’s most Excellent Majesty. 1825.