Acts of 30° & 43° Geo. III. relating to a district in the Parish of Saint Luke, Chelsea, called Hans Town · Great Britain
CAP. LXXVI.
Proportion of Rates to be paid by Persons removing. XXIII. Provided also, That in all Cases where any Person shall remove from or quit any House, Building, Tenement, or Hereditament, which shall be rated or assessed by virtue of this Act, such Person shall be liable to such Rate or Assessment in Proportion to the Time that he or she occupied the same; and in all Cases where any Person shall come into or occupy any House, Building, Tenement, or Hereditament, rated or assessed as aforesaid, out of or from which any other Person, who shall have been rated or assessed for the same, shall be removed, or which at the Time of making any Rate or Assessment was empty or unoccupied, the Person coming into or occupying the same shall be liable to pay such Rate or Assessment in respect thereof in Proportion to the Time that he or she occupied the same; which said respective Proportions, in case of Dispute, shall be settled and ascertained by the said Commissioners. Recovery of Rates.
XXIV. And be it further enacted, That in case any Person who shall be rated or assessed, or subject or liable to the Payment of any Rate or Assessment by virtue of this Act, shall refuse or neglect to pay any such Rate or Assessment to any Collector to be appointed as aforesaid, for the Space of Ten Days after personal Demand thereof made, or Demand in Writing left at the usual or last Place of Abode of such Person, it shall be lawful for any Justice of the Peace for the County of _Middlesex_, upon Proof made upon Oath of such Demand and Nonpayment, by Warrant under his Hand and Seal, to authorize and direct the said Collector to levy such Rate or Money so in Arrear, together with the Costs and Charges attending the same, to be ascertained by such Justice, by Distress and Sale of the Goods and Chattels of the Person so refusing or neglecting to pay as aforesaid, rendering the Overplus (if any) to the Owner of such Goods and Chattels, on Demand. Landlords to bear so much of the Rate as shall exceed 2_s._
XXV. Provided always, and be it further enacted, That whenever the said Rates or Assessments shall in any Year exceed Two Shillings in the Pound of the annual Value of the said Houses and other Buildings, and the Gardens and Yards thereunto belonging, or held therewith as aforesaid, so much of the said Rates or Assessments as shall exceed Two Shillings in the Pound of the annual Value of such of the said Houses and other Buildings, Gardens, and Yards, as shall be occupied by Tenants at Rack Rent, or at the full improved annual Value, shall be borne by their respective Landlords, and such respective Tenants shall and may, and are hereby authorized to deduct and retain the same out of their respective Rents, and their Landlords are hereby required to allow such Deduction. Commissioners may borrow Money, and assign the Rates as a Security. XXVI. And, for the more speedy raising Money for the Purposes of this Act, be it further enacted, That it shall be lawful for the said Commissioners, and they are hereby empowered from Time to Time to borrow and take up at Interest any Sum or Sums of Money upon the Credit of the Rates or Assessments herein before granted, and by Writing under their Hands and Seals to mortgage or assign over the said Rates or Assessments, to the Person or Persons who shall advance or lend such Money, or his or their Trustee or Trustees, as a Security for the Money so to be borrowed, together with the Interest for the same; and every such Assignment shall be in the Words or to the Effect following, (_videlicet_).
Form of Assignment. BY virtue of an Act of Parliament, made in the Thirtieth Year of the Reign of King _George_ the Third, intituled [_set forth the Title of the Act_], we . . . . . . of the Commissioners appointed by virtue of the said Act, in consideration of the Sum of . . . . . . advanced and lent by _A. B._ to _C. D._ the Treasurer appointed in pursuance of the said Act, upon the Credit, and for the Purposes of the said Act, do grant and assign unto the said _A. B._ his Executors, Administrators, and Assigns, such Proportion of the Rates or Assessments arising by virtue of the said Act, at the said Sum of . . . . . . doth or shall bear to the whole Sum which is or shall be borrowed upon the Credit of the said Act, to be had and holden from this . . . . . . Day of . . . . . . until the said Sum of . . . . . . with Interest, at . . . . . . _per Centum per Annum_ for the same, to be paid half-yearly, shall be repaid and satisfied. In Witness whereof we have hereunto set our Hands and Seals, this . . . . . . Day of . . . . . .
And every such Assignment shall be good, valid, and effectual in the Law. Money may be raised by Annuities. XXVII. Provided always, That in case the said Commissioners shall think it advisable to raise all or any Part of the Money necessary for the Purposes of this Act by the granting of Annuities for Lives, then it shall be lawful for the said Commissioners, and they are hereby authorized and empowered, by Writing under their Hands and Seals, to grant Annuities to any Person or Persons who shall contribute, advance, and pay into the Hands of the Treasurer to the said Commissioners any Sum or Sums of Money for the absolute Purchase of any Annuity, to be paid and payable during the natural Life of every such Contributor, or the natural Life of such Person as shall be nominated by or on the Behalf of such Contributor at the Time of the Payment of his or her Contribution or Purchase Money, and either with or without Benefit of Survivorship, as the said Commissioners shall think proper, so that no such Annuity do exceed the Rate of Ten Pounds for One hundred Pounds for a Year; and the Grant of every such Annuity shall be in the Words or to the Effect following; _videlicet_, Form of Grant.
WE . . . . . . of the Commissioners appointed by or in pursuance of an Act of Parliament, made in the Thirtieth Year of the Reign of King _George_ the Third, intituled, [_set forth the Title of the Act_], in Consideration of the Sum of . . . . . . paid by _A. B._ to the Treasurer appointed in pursuance of the said Act, do hereby grant unto the said _A. B._ his Executors, Administrators, and Assigns, an Annuity or yearly Sum of . . . . . . out of the Rates or Assessments arising by virtue of the said Act; which Annuity or yearly Sum of shall be paid to the said _A. B._ his Executors, Administrators, and Assigns, at . . . . . . upon the . . . . . . in every Year during . . . . . . and the First Payment thereof shall be made upon the . . . . . . Day of . . . . . . next ensuing the Date of these Presents. In Witness whereof we have hereunto for our Hands and Seals, the . . . . . . Day of . . . . . . in the Year of our Lord . . . . . .
And every such Grant shall be good, valid, and effectual in the Law; and every Annuity so to be granted as afore said shall be, and is hereby charged upon, and shall be payable and paid, free from all Taxes and Deductions, out of the said Rates or Assessments: Provided nevertheless, that no greater Sum in the Whole than Ten thousand Pounds shall be raised by Loan or Mortgage, and by the Sale or granting of Annuities as aforesaid; and that, before any such Money shall be borrowed, or Annuity granted, fourteen Days Notice at the least shall be given in some Newspaper published in _London_ or _Westminster_, signifying the Intention of borrowing such Money, or granting such Annuities. Security may be transferred. XXVIII. And be it further enacted, That it shall be lawful for the Persons entitled to any of the Securities for the Money borrowed, or for the Annuities granted as aforesaid, by Writing under their Hands and Seals indorsed thereon, to transfer the same to any Person or Persons in the Words or to the Effect following: Form of Transfer. I _A. B._ do hereby assign the within Mortgage [_or_ Grant of Annuity], and all my Right and Title in and to the Principal Money and Interest [_or_ Annuity, and all Arrears now due thereon] thereby secured, unto _C. D._ his Executors Administrators, and Assigns. Dated the . . . . . . Day of . . . . . .
And Entries or Memorials of all Mortgages or Assignments, and Grants of Annuities, which shall be made in pursuance of this Act, and of all Transfers thereof, expressing in Words at Length the Names, Additions, Places of Abode, and other proper Descriptions of all such Persons as shall from Time to Time be entitled to the Principal Money and Interest, or the Annuities thereby respectively secured, shall be entered in a Book, to be kept for that Purpose, by the Clerk to the said Commissioners, to which Book any Person interested shall, at all seasonable Times, have Access, and shall have free Liberty to inspect the same, without Fee or Reward; and for the Entry of every such Assignment the said Clerk shall be paid Two Shillings and Sixpence, and no more; and every such Transfer shall entitle the Person or Persons, to whom the same shall be made, and his, her, or their Executors, Administrators, and Assigns, to the Benefit of the Security thereby transferred; and all Persons to whom such Mortgages or Assignments, or Grants of Annuity, shall be made, or who shall be entitled to the Money thereby secured, shall be, in Proportion to the Sums therein respectively mentioned. Creditors on the said Rates or Assessments equally one with another, without any Preference in respect to the Priority of advancing such Money, or the Dates of any such Mortgages or Assignments, or Grants of Annuity.
Application of the Money. XXIX. And be it further enacted, That all the Money to arise by or from the said Rates or Assessments, and which may be borrowed or advanced for the Purchase of any Annuities on the Credit or Security thereof, shall be applied, in the first Place, in paying and discharging the Expences attending the obtaining and passing this Act, and afterwards from Time to Time in paying the Interest of the principal Money to be borrowed, and the Annuities to be granted as aforesaid, and in defraying the Expences of paving, repairing, cleansing, lighting, watching, and watering the said several Streets, and other publick Passages and Places, and of carrying this Act into Execution, and in paying off the said principal Money, in such Manner as the said Commissioners shall think proper. Recovery of Penalties.
XXX. And be it further enacted, That all Penalties and Forfeitures by this Act imposed (the Manner of recovering whereof is not hereby otherwise directed) shall be levied and recovered by Distress and Sale of the Goods and Chattels of the Offender or Offenders, by Warrant under the Hand and Seal of any Justice of the Peace for the County or Place wherein the Offender or Offenders shall be or reside (which Warrant such Justice is hereby empowered to grant, upon the Confession of the Party, or upon the Information of any credible Witness upon Oath), and such Penalties and Forfeitures shall (if not directed to be otherwise applied by this Act) be paid to the Treasurer to the said Commissioners, and applied for the Purposes of this Act; and in case sufficient Distress shall not be found, or such Penalties or Forfeitures shall not be forthwith paid, such Justice is hereby authorized and required, by Warrant under his Hand and Seal, to cause the Offender or Offenders to be committed to the common Gaol, or House of Correction, there to remain without Bail or Mainprize, for any Time not exceeding Three Calendar Months, unless such Penalties or Forfeitures, and all reasonable Charges attending the Recovery thereof, shall be sooner paid and satisfied. Inhabitants may give Evidence. XXXI. And be it further enacted, That in all Actions Prosecutions, Informations, Causes, and Proceedings whatsoever, relating to or concerning the Execution of this Act, any Inhabitant residing within the Limits of this Act shall be admitted and allowed to give Evidence, notwithstanding such Inhabitant shall be charged with, and liable to pay any Rate or Assessment by virtue of this Act.
Appeal. XXXII. Provided always, and be it further enacted, That if any Person shall think himself or herself aggrieved by any Rate or Assessment which shall be made in pursuance of this Act, he or she may apply to the said Commissioners, at their First Meeting to be holden after the Expiration of Five Days after the demanding of such Rate or Assessment; and the said Commissioners are hereby authorized and empowered, if they shall think such Person aggrieved, to give such Relief in the Premises as to them shall seem reasonable; and if any such Person shall be dissatisfied with the Determination of the said Commissioners therein, or if any Person shall think himself or herself aggrieved by any other Matter or Thing to be done in pursuance of this Act, every such Person may appeal to the Justices at any General or Quarter Session of the Peace to be holden for the County of _Middlesex_, within Four Calendar Months next after the Cause of Complaint shall have arisen, such Appellant first giving Fourteen Days Notice at the least in Writing of his or her Intention to bring such Appeal, and of the Matter thereof, to the Clerk to the said Commissioners, and within Five Days after such Notice entering into a Recognizance before some Justice of the Peace for the said County, with Two sufficient Sureties, conditioned to try such Appeal, and abide the Order of, and to pay such Costs as shall be awarded by, the Justices at such Sessions, and the Justices at such Sessions shall hear and finally determine the Cause and Matter of such Appeal in a summary Way, and award such Costs to the Party appealing or appealed against, as they shall think proper; and their Determination therein shall be final, binding, and conclusive to all Parties, and to all Intents and Purposes.
Limitation of Actions. XXXIII. And be it further enacted, That no Action or Suit shall be commenced against any Person, for any Thing to be done in pursuance of this Act, until Thirty-one Days Notice thereof shall be given to the Clerk to the said Commissioners, or after sufficient Satisfaction, or Tender thereof, hath been made to the Party aggrieved, or after Three Calendar Months next after the Fact committed; and every such Action or Suit shall be brought and tried in the County of _Middlesex_, and not elsewhere; and the Defendant in every such Action or Suit shall and may plead the General Issue, and give this Act and the special Matter in Evidence at any Trial to be had thereupon, and that the same was done in pursuance and by the Authority of this Act; and if the same shall appear to be so done, or if such Action or Suit shall be brought before Thirty-one Days Notice thereof shall be given as aforesaid, or after a sufficient Satisfaction shall be made or tendered as aforesaid, or after the Time herein-before limited for bringing the same, or shall be brought in any other County or Place than as aforesaid, then the Jury shall find for the Defendant; and upon such Verdict, or if the Plaintiff shall become Nonsuit, or discontinue his or her Action or Suit after the Defendant shall appear, or if upon Demurrer Judgement shall be given against the Plaintiff, then the Defendant shall recover Treble Costs, and have such Remedy for the same as any Defendant hath for Costs of Suit in Other Cases of Law. Publick Acts. XXXIV. And be it further enacted, That this Act shall be deemed, adjudged, and taken to be a Publick Act; and shall be judicially taken Notice of as such by all Judges, Justices, and other Persons whomsoever, without specially pleading the same. * * * * * ANNO QUADRAGESIMO TERTIO GEORGII III. Regis.
Ideas discussed in this chapter
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