Acts of 30° & 43° Geo. III. relating to a district in the Parish of Saint Luke, Chelsea, called Hans Town · Great Britain
CAP. LXXVI.
Qualification of Commissioners. II. Provided always, That no Person shall be capable of acting as a Commissioner in the Execution of this Act, except in administering the Oath herein-after mentioned (which Oath any One of the said Commissioners is hereby empowered to administer), unless at the Time of his acting he shall be qualified in Manner herein-before mentioned, and until such Person shall have taken and subscribed an Oath to the Effect following; (that is to say), The Oath. ‘I _A. B._ do swear, That I truly am in my own Right, or in the Right of my Wife, in the actual Possession and Enjoyment, or Receipt of the Rents and Profits, of Lands, Tenements or Hereditaments, of the clear yearly Value of Thirty Pounds [_or_ that I am Lessee (_or_ Occupier) of a House, Tenement, or Land, rated or liable to be rated at Thirty Pounds _per Annum_ at the least, by virtue or for the Purposes and] within the Limits of an Act of Parliament, made in the Thirtieth Year of the Reign of King _George_ the Third, intituled, [_Set forth the Title of the Act_]; and [_in the Case of such Occupier as aforesaid_] that I am resident within the Limits aforesaid, and am possessed of a Personal Estate of the Amount or Value of Two thousand Pounds.
Restriction as to revoking Orders. IV. And be it further enacted, That no Order made by the said Commissioners at any of their Meetings shall be revoked or altered, unless at some Meeting to be held for that Purpose (of which Meeting Seven Days Notice shall be given as aforesaid, expressing the Occasion of such Meeting), and also unless a greater Number of Commissioners shall attend at such Meeting to revoke or alter the same than were present when such Order was made; any Thing in this Act contained to the contrary hereof notwithstanding. Proceedings of the Commissioners to be entered. V. And be it further enacted, That regular Entries shall be made, in a Book to be provided for that Purpose, of all the Acts, Orders, and Proceedings of the said Commissioners, and of the Names of the Commissioners who shall be present at the respective Meetings; and One or more of the said Commissioners who shall be present shall subscribe his or their Name or Names at the End of the Proceedings of the respective Meetings; and all such Entries, being so signed, shall be deemed Originals, and shall be allowed to be read in Evidence in all Causes, Suits, and Actions, touching any Thing done in pursuance of this Act; and that such Books shall, at all seasonable Times, be open to the Inspection of all Persons rated or assessed for the Purposes of this Act.
Property of Pavements, &c. vested in Commissioners. VII. And be it further enacted, That the Property of and in all the Pavements of the Carriage Ways and Foot Ways, and also all the Ballast or Gravel within the several Streets, and other publick Passages and Places, already or hereafter to be set out or made upon the Ground held by the said _Henry Holland_ as aforesaid (and which Ground shall be deemed and considered to be the Limits of this Act, and shall be called _Hans Town_), and of and in all Lamps, Lamp Irons, Posts, Watchboxes, Pumps, and Wells, which now are and which shall be sunk, erected, or affixed, and all Materials, Implements, and other Things, which shall be purchased or gotten by virtue or for any of the Purposes of this Act, are hereby vested in the said Commissioners, and they are hereby empowered to cause an Action to be brought, in the Name of their Clerk, or to cause to be preferred any Indictment against any Person who shall steal, take, or carry away, injure, or destroy, any Part or Parts thereof. Commissioners to cause the Streets to be repaired, &c.
VIII. And be it further enacted, That it shall be lawful for the said Commissioners, and they are hereby authorized and empowered, from Time to Time, to cause the several Streets, and other publick Passages and Places, already or hereafter to be set out or made, within the Limits of this Act, or such of them as they shall judge expedient, both in the Carriage and Foot Ways, to be repaired and altered, and such Foot Ways, and (if they think fit) the Whole or any Part of any such Carriage Ways, to be paved in such Manner, and with such Sorts and Kinds of Materials, as they shall judge necessary or proper; and also to cause the said Streets, and other publick Passages and Places, to be cleansed, lighted, watched, and watered, and the Sides thereof, and also the Middle of any Squares which are or shall be made or set out, to be fenced or inclosed with Iron or other Rails, in such Parts and Places, and in such Manner, as the said Commissioners shall think proper, and all Incroachments, Obstructions, Nuisances, and Annoyances therein to be removed, and Drains, Sinks, Gutters, or Watercourses to be made, for conveying the Water off and from the said Streets, and other publick Passages and Places, in such Manner as they shall think proper; and that no Person shall, without the Consent of the said Commissioners, alter the Form, or break up the Ground or Pavement of the Carriage Ways or Foot Ways within any of the said Streets, or other publick Passages or Places, or do the same otherwise than shall be directed by said Commissioners, upon the Pain of forfeiting the Sum of Twenty Shillings for every Offence.
Lamps to be set up. X. And be it further enacted, That it shall be lawful for the said Commissioners, and they are hereby empowered, from Time to Time, to cause such Lamp Irons or Lamp Posts to be put or affixed upon or against the Walls or Pallisades of any of the Houses, Tenements, or Buildings, or in such other Manner, within the said Streets and other publick Passages and Places, as they shall think proper; and also to cause such Number of Lamps, of such Sizes and Sorts, to be provided and affixed, or put upon such Lamp Irons and Lamp Posts, as they shall think necessary for lighting all or any of the said Streets, and other publick Passages and Places, and the said Lamps, and also the several Houses within the said respective Streets, and other publick Passages and Places, to be numbered; and if any Person shall wilfully break, throw down, take away, spoil, or damage any such Lamps, or any of the Irons, Posts, or other Furniture thereof, or wilfully extinguish the Light of any such Lamp, or deface or obliterate any such Number, every Person so offending shall, for every such Offence, forfeit and pay any Sum not exceeding Twenty Shillings, whereof One Moiety shall go to the Informer, and such Offender shall also pay to the said Commissioners, or to such Person as they shall appoint to receive the same, such Sum of Money as shall be a full Satisfaction for the Damage so done; and in case any Person shall carelessly, negligently, or accidentally break, throw down, or otherwise spoil or damage any of the said Lamps, or the Irons, Posts, or other Furniture thereof, and shall not, upon Demand, make Satisfaction for the Damage done thereto, it shall be lawful for any Justice of the Peace for the County of _Middlesex_, upon Proof thereof made by the Oath of any credible Witness, or on the Confession of the Party, to award such Sum of Money, by way of Satisfaction for such Damage, as such Justice shall think reasonable, and in Default of Payment thereof, upon Demand, to cause the same to be levied by Distress and Sale of the Goods and Chattels of the Person who shall have done such Damage, rendering the Overplus (if any) after deducting the Charges of prosecuting such Complaint, and of such Distress and Sale, to the Owner of such Goods and Chattels, upon Demand.
Commissioners may contract for performing the Works. XI. And be it further enacted, That the said Commissioners may from Time to Time, if they think proper, contract and agree with any Person or Persons for the doing and performing all or any of the Works by this Act authorized or directed to be done and performed; and in case any of the Works to be done and performed by any such Contractor shall not be well and sufficiently done and performed according to such Contract, the said Commissioners may cause an Action to be brought, in any of His Majesty’s Courts of Law at _Westminster_, in the Name of their Clerk, against any such Contractor for any Penalty contained in his Contract; and on Proof of the signing of the said Contract, and Nonperformance thereof, the said Commissioners shall be entitled to, and shall recover the Penalty contained in such Contract: Provided always, that it shall be lawful for the said Commissioners (if they think fit) to compound and agree with any Contractor for any Penalty incurred by him, for the Breach or Nonperformance of any such Contract, for such Sum of Money as the said Commissioners shall think proper, not being less than the Injury or Damage sustained by the Breach or Nonperformance of such Contract, and of all Costs, Charges, and Expences which shall be occasioned thereby.
Penalty on occasioning Nuisances. XIII. And be it further enacted, That if any Person shall run or drive any Wheel, Sledge, Wheelbarrow, or any Carriage whatsoever, upon any of the said Foot Pavements; or shall wilfully ride, drive, or lead any Horse, or other Beast or Cattle, along or upon any of the said Foot Pavements; or shall within any Street, or other publick Passage or Place within the Limits of this Act, slaughter, dress, or cut up any Swine, or other Beast, or hoop, cleanse, or scald any Cask, or hew or saw any Stone, Wood, or Timber, or sift, skreen, or slack any Lime, or bind or make the Wheel of any Carriage, or shoe, bleed, dress, or farry, or turn or drive loose any Horse, or set, place, or expose to Sale any Goods, Wares, or Merchandize, either on the Foot Ways or Carriage Ways of any of the said Streets, or other publick Passages or Places, so as to obstruct or incommode the Passage of any such Foot Way or Carriage Way, every Person offending, in any of the Cases aforesaid, shall for every such Offence forfeit and pay the Sum of Five Shillings. Penalty on leaving Carriages, &c. in the Streets. XIV.
And be it further enacted, That if any Waggon, Cart, or other Carriage, shall be left to stand or remain in any of the Streets, or other publick Passages or Places, within the Limits of this Act, with or without Horses or other Cattle, for any longer Time than shall be necessary for the loading or unloading thereof; or if any Stage Coach, Post Chaise, or other Carriage let to hire, shall be left to stand or remain in any such Street, Passage, or Place, with or without Horses, for any longer Time than shall be reasonable and necessary for taking up or setting down the Passengers, or for loading or unloading their Baggage (except in such Places as the said Commissioners shall appoint for the Handing of Coaches, Chaises, or other Carriages, which the said Commissioners are hereby authorized to do if they think proper); or if any Horse or other Cattle shall be suffered to stand at the Door or House of any Person so as to obstruct or incommode the Passage of any of the said Footways; or if any Timber, Bricks, Stones, Dung, Wood, Goods or other Things shall be said or placed and left to remain in any of the said Streets, or other publick Passages or Places, for any longer Time than shall be necessary for removing or housing the same; or if any Ashes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance, shall be thrown, cast, or laid in any of the said Streets, or other publick Passages or Places, and suffered to remain for any longer Time than shall be necessary for removing the same; then and in every such Case the Owner or Driver of every such Carriage, and the Owner of such Timber or other Things aforesaid, and the Person who shall throw, cast, or lay any Dung, Ashes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance at aforesaid, shall, for every such Offence, forfeit and pay the Sum of Five Shillings; and if any such Timber or other Things, or such Dung, Ashes, Rubbish, Dust, Dirt, or other Nuisance or Annoyance, shall be suffered to remain in any of the said Streets or other publick Passages or Places, longer than shall be necessary as aforesaid, the Surveyor to the said Commissioners is hereby authorized and empowered to cause the same to be removed to such Place as he shall think proper, and the Expence thereof shall be paid by the Person liable to the Payment of the said Penalty, and shall and may, in case of Nonpayment on Demand, be recovered in like Manner as any Penalty is herein-after authorized or directed to be recovered.
Hoards, &c. may be erected. XV. Provided always, and be it further enacted, That nothing herein-before contained shall hinder or prevent any Person from erecting or building any Hoard, or other Thing by way of Inclosure, for the Purpose of making Mortar, or depositing Bricks, or Stone, or working any Lime, Sand, or other Materials used in Building, or to subject him to any Penalty on account thereof, provided such Person shall have a Licence for that Purpose, under the Hand of the Surveyor to the said Commissioners (which Licence such Surveyor is hereby required forthwith to grant to any Person applying for the same, and for which he shall receive the Sum of One Shilling, and no more): Provided nevertheless, that if any Person shall erect any such Hoard or Inclosure of greater Dimensions, or shall suffer any Hoard or Inclosure to remain for any longer Time than shall be allowed in and by such Licence, every Person so offending shall for every such Offence forfeit and pay any Sum not exceeding Five Shillings for every Day such Hoard or Inclosure, or any Part thereof, shall be continued after Notice given by the Surveyor to take down and remove the same. Watchman to be appointed.
XVI. And be it further enacted, That the said Commissioners may, and are hereby authorized and empowered, from Time to Time, to appoint such Number of Watchmen, to be employed within the Limits of this Act, for so long Time in the Night, under such Regulations, and for such Wages, as they shall think proper, and to provide proper Boxes or Places for their Reception, and also proper Arms and Weapons for the Discharge of their Duty; and if any Watchman appointed as aforesaid shall refuse or neglect to perform his Duty, or shall in anywise misbehave himself in the Execution of his Office, he shall forfeit and pay, for every such Offence, any Sum not exceeding Ten Shillings. Duty of Watchmen.
XVII. And be it further enacted, That the Watchmen to be appointed and employed as aforesaid shall, during the Time of their being upon Duty, use their utmost Endeavours to prevent any Mischief by Fire, and also any Burglaries, Robberies, Affrays, and other Outrages and Disorders, within the Limits of this Act; and it shall be lawful for the said Watchmen, or any of them, and they are hereby respectively authorized and required, during the Time they are on Duty, to apprehend and secure all Malefactors, Rogues, Vagabonds, and other disorderly Persons, within the Limits of this Act, who shall disturb the publick Peace, or whom they shall have Cause to suspect of any evil Design, and to secure and keep in safe Custody every such Person, in order that he or she may be conveyed, as soon as conveniently may be, before some Justice of the Peace for the County of _Middlesex_, to be examined and dealt with according to Law; and if any Person or Persons shall assault or resist, or shall promote or encourage the assaulting or resisting, any of the said Watchmen in the Execution of their Duty, every such Person shall, for every such Offence, forfeit and pay any Sum not exceeding Five Pounds; and if any Victualler or Keeper of any Publick House shall knowingly harbour or entertain any Watchman employed within the Limits of this Act, or permit or suffer any such Watchman to be and remain in his House during any Part of the Time appointed for his being on Duty, every Victualler or Keeper of such Publick House shall, for every such Offence, forfeit and pay any Sum not exceeding Twenty Shillings.
Power to water the Streets. XVIII. And, in order that the said Streets, and other publick Passages and Places, may be properly watered, be it further enacted, That the said Commissioners shall have full Power and Authority to cause such Number of Wells and Pumps to be dug, sunk, and made, in any of the said Streets, or other publick Passages or Places, as they shall think proper, and from Time to Time to alter the same as they shall see Occasion; provided that no such Well or Pump shall be sunk or made so as to injure any House or other Building, or any Vault or Cellar under any of the said Streets, or other publick Passages or Places: And it shall be lawful for the said Commissioners, if they think proper, to agree with the Owner of any private Ground, either within the Limits of this Act or elsewhere, or with any Water Company, for supplying Water, or for sinking or making any Wells or Pumps for the Purposes of this Act, at or for such Sum of Money or annual Rent, as the said Commissioners shall judge reasonable. Annual Sum to be paid to the Surveyors of the Highways for the Parish, in lieu of the Highway Rate.
XIX. And whereas, previous to the erecting any Buildings upon the Ground within the Limits of this Act, the same was rated and assessed to the Repairs of the Highways, within the said Parish of _Saint Luke Chelsea_, at or about the annual Sum of Four Pounds, be it therefore further enacted, That the said Commissioners shall, and are hereby authorized and required, out of the Money arising by virtue of this Act, to pay to the Surveyors of the Highways for the said Parish of _Saint Luke Chelsea_, or any of them, the Sum of Four Pounds upon the Twenty-ninth Day of _September_ in every Year, the First Payment thereof to be made upon the Twenty-ninth Day of _September_ One thousand seven hundred and ninety; which annual Payment shall be in lieu and in full Satisfaction and Discharge of and for all Statute Duty and Composition, or other Payment, Charge, or Expence upon, for, or towards the repairing, or on Account of any Defect in the Repairs of the Highways within any Part of the said Parish of _Saint Luke Chelsea_, not being within the Limits of this Act; and in case such annual Sum shall at any Time be in Arrear for the Space of Thirty Days after the same shall become due and be demanded, the same shall and may be recovered from the Treasurer to the said Commissioners, in like Manner as any Penalty is herein-after authorized or directed to be recovered.
The Streets and Highways within the Limits of the act to be repaired distinct from the other Parts of the Parish. XX. And be it further enacted, That none of the Inhabitants of any Streets, or other publick Passages or Places within the Limits of this Act, shall be subject or liable to the Performance of any Statue Work, or to the Payment of any Rate, Assessment, or Sum of Money, other than the said annual Sum of Four Pounds, for or towards repairing, or on account of any Defect in the Repairs of the Highways within any Part of the said Parish of _Saint Luke_ (not being within the Limits of this Act); and that it shall not be lawful for any Surveyor of the Highways within the said Parish to use or exercise any Power, Jurisdiction, or Authority whatsoever, within the Limits of this Act; and that none of the Inhabitants of any other Part of the said Parish of _Saint Luke_ shall be subject to the Performance of any Statute Duty, or to any Composition in lieu thereof, or to any other Charge or Expence, for or towards the repairing or amending, or on at count of any Street or Highway within the Limits of this Act; any Law, Statute, or Custom to the contrary hereof notwithstanding.
Money to be raised by a Rate. XXI. And, for raising Money to enable the said Commissioners to carry the several Purposes of this Act into Execution, be it further enacted, That the said Commissioners shall, and are hereby authorized and empowered, Once in every Year, between _Lady Day_ and _Midsummer Day_, to rate and assess such Sums of Money as they shall from Time to Time judge necessary, upon the respective Occupiers of the several Houses, and other Buildings, Lands, and Grounds, within the Limits of this Act, not exceeding Two Shillings and Sixpence in the Pound of the annual Value of such respective Houses and other Buildings, with the Gardens and Yards hereunto belonging or held therewith, and not exceeding One Shilling in the Pound of the annual Value of the other Lands or Grounds within the said Limits; such respective annual Values to be ascertained by the respective Sums the same shall be rated to the Relief of the Poor, or in such other Manner as the said Commissioners shall think proper; and the Full Year for which such Rates or Assessments shall be made shall commence upon the Twenty-fourth Day of _June_ One thousand seven hundred and ninety; and the Money so rated and assessed shall from Time to Time be paid to the Collectors to be appointed as aforesaid, at such Time or Times in every Year, and in such Manner, as the said Commissioners shall order and direct, and shall be paid over by such Collectors into the Hands of the Treasurer to the said Commissioners.
Empty Houses to be charged with Half Rates. XXII. Provided always, That where any of the said Houses or other Buildings, after the same shall have been Once inhabited or occupied, shall at the Time of making any of the said Rates or Assessments be empty or unoccupied, then and in every such Case it shall be lawful for the said Commissioners to rate and assess such Premises respectively at One Half of such Rates or Assessments, and no more, during the Time only such Premises shall be empty or unoccupied; and also in case any such Premises, after the making of any such Rate or Assessment, shall become empty or unoccupied, One Half only of such Rate or Assessment shall be charged on such Premises respectively, for and during so long Time as the same shall continue empty or unoccupied; and than and in every such Case the said Rate or Assessment, and all Arrears due thereon, shall be paid by the Person or Persons for the Time being entitled to such Premises, or by the First or any other Tenant or Occupier thereof, and every such Tenant or Occupier shall and may and is hereby authorized to deduct and retain the same out of his or her Rent, and the Person or Persons for the Time being entitled to such Premises is and are hereby required to allow such Deduction; and that where any House, Building, Tenement, or Hereditament, in respect whereof any Rate or Assessment shall be made as aforesaid, shall be let to more than One Tenant, any One or more of such Tenants shall be deemed the Occupier or Occupiers thereof for the Purposes of this Act.
Ideas discussed in this chapter
Text from Project Gutenberg, public domain in the United States.