Acts of 30° & 43° Geo. III. relating to a district in the Parish of Saint Luke, Chelsea, called Hans Town · Great Britain
CAP. XI.
_An Act for amending_, _altering_, _and enlarging the Powers of an Act_, _passed in the Thirtieth Year of the Reign of His present Majesty_, _intituled_, An Act for forming and keeping in Repair the Streets, and other publick Passages and Places within a certain District in the Parish of _Saint Luke_, _Chelsea_, in the County of _Middlesex_, called _Hans Town_, and for otherwise improving the same. [24th _March_ 1803.] WHEREAS by an Act, made in the Thirtieth Year of the Reign of His present Majesty, instituled, _An Act for forming and keeping in Repair the Streets_, _and other publick Passages and Places_, _within a certain District in the Parish of_ Saint Luke, _in the County of_ Middlesex, _called_ Hans Town, _and for otherwise improving the same_, certain Powers were given and granted to the Commissioners of the said District for the several Purposes in the said recited Act mentioned and contained: And whereas the Commissioners of the said District, acting under the said Act, have proceeded in the Execution thereof to the great Benefit of the said District, and of the Publick at large; but that, in order more effectually to carry the Purposes of the said Act into Execution, it is expedient that the Powers thereof should be amended, altered, and enlarged: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That, from and after the Commencement of this Act, it shall and may be lawful for the Commissioners of the said District to nominate and appoint any Person or Persons, and to purchase any Number of Carts and Horses for the Purpose of cleansing the Streets, and other publick Passages and Places within the Limits of the said District, and of carrying away the Dust, Dirt, Cinders, or Ashes from any House or Houses, or other Premises within the same, or to contract with any Person or Persons for so doing.
Contractors to bring proper Carriages into the Streets, and to give Notice of their Approach. II. And be it further enacted, That the Person or Persons employed by or contracting with the said Commissioners for cleansing the said Streets, and other publick Passages and Places as aforesaid, or those employed under such Contractor or Contractors, shall Twice in every Week or oftener, bring or cause to be brought Carts or other proper Carriages into all the Streets, and other publick Passages and Places as aforesaid, where such Carts or Carriages can pass, and at or before their Approach, by sound of Bell, or with an audible and distinct Voice, give Notice to the Inhabitants of their coming, and give the like Notice in every Court, Alley, or Place into which the said Carts or Carriages cannot pass. Penalty on Persons collecting Dust, etc. who are not authorized to do so. III.
Carriage Ways of the Streets to be covered with Gravel, etc. IV. And be it further enacted, That it shall and may be lawful to and for the said Commissioners to direct all and every Person and Persons, who are by the said recited Act required to level, form, and cover with Gravel, not less than Six Inches thick, the Carriage Ways of all such Streets, and other publick Passages and Places, within the said District, in the First Place properly and effectually to fill up the same; and also to direct all and every Person and Persons, who are required to pave the Foot Ways in the whole Front of their respective Houses, Buildings, and Tenements, to set up and erect proper and sufficient Posts, at such Distances and in such Manner, as the said Commissioners shall order and direct. Lessees of Ground to compound for forming Carriage Ways, etc.
Occupiers of Houses to cleanse the Foot Ways Once a Day. VII. And be it further enacted, That every Occupier of every House or Tenement within the said District, and in respect to Inmates, every House Owner shall, Once in every Day, between the Hours of Eight and Ten of the Clock in the Forenoon of each Day, scrape, sweep, and cleanse the Foot Way all along the Front of their respective Houses and Tenements, or cause the same to be scraped, swept, and cleansed, and in Default thereof shall, for every such Offence, forfeit and pay the Sum of Five Shillings, to be levied by Warrant under the Hand and Seal of any Justice of the Peace for the said County of _Middlesex_, upon the Oath of Two or more credible Witnesses; which Oath such Justice is hereby required and empowered to administer. Penalty on Persons digging Earth, or leaving Holes in the Streets. VIII. And be it further enacted, That if any Person or Persons whomsoever shall dig any Earth, or leave any Hole in and Street, or other publick Passage or Place, before any House or Tenement built or in building within the said District, for the Purpose of making Vaults, or any other Purposes whatsoever, and shall not inclose the same in a good and sufficient Manner, to be approved of by the Surveyor or Surveyors to the said Commissioners; or if any such Person or Persons shall keep up such Inclosure longer than the said Commissioners shall think absolutely necessary, or shall not well and sufficiently fence or rail before the Area or Areas fronting to any Street, or publick Passage or Place, every Person or Persons guilty of any of the Offences aforesaid, shall forfeit and pay the Sum of Twenty Shillings, and the Sum of Forty shillings for every Week that such Nuisance shall be continued.
Penalty on beating Carpets, etc. in the Streets. IX. And be it further enacted, That if any Person or Persons shall within any Street, or other publick Passage or Place already or hereafter to be set out or made within the said District, beat or dust any Carpet or Carpets, or drive any Carriage or Carriages for the Purpose of breaking Horses, or ride, lead, or drive any Horse for the Purpose of exercising or airing such Horse, (otherwise than by passing through such Street, or other publick Passage or Place), then and in every such Case it shall and may be lawful to and for any Justice of the Peace for the said County of _Middlesex_, upon Complaint to him made by One or more credible Witness or Witnesses, to issue a Warrant, requiring such Offender or Offenders to appear before him, at such Time and Place as shall be in such Warrant specified; and every such Offender or Offenders shall for every such Offence, being thereof duly convicted upon the Oath of any credible Witness or Witnesses, (which Oath such Justice is hereby authorized and required to administer), forfeit and pay any Sum not exceeding Forty Shillings nor less than Five Shillings; and in case the Person who shall beat or dust such Carpet or Carpets, or drive such Carriage or Carriages for the Purpose of breaking Horses, or ride, lead, or drive any Horse for the Purpose of exercising or airing such Horse, (otherwise than as aforesaid) cannot be apprehended, that then a like Penalty of Forty Shillings nor less than Five Shillings shall be forfeited by the Owner of such Carpet or Carpets, Carriage or Carriages, or Horse or Horses.
Penalty on obstructing Officers. XI. And be it further enacted, That if any Person or Persons shall at any Time or Times obstruct, hinder, or molest any Surveyor or Surveyors, or other Officer or Officers, Person or Persons whomsoever, who are or shall be employed by the said Commissioners in the Execution of the said recited Act or this Act, every Person or Persons so offending, shall for the First Offence, forfeit the Sum of Twenty Shillings, for the Second Offence the Sum of Forty Shillings, and for the Third and every other Offence the Sum of Three Pounds. Commissioners to repair the Streets, &c. XII. And be it further enacted, That it shall and may be lawful to and for the said Commissioners to cause to be dug, carted, and carried out of, or brought into the said several Streets and other publick Passages and Places already or hereafter to be set out or made, or any of them, or any Part or Parts thereof, such Gravel, Stones and other Materials as they shall judge necessary, and may likewise cause the Ground thereof to be raised or lowered, the Course of the Channels running in or through the same to be turned or altered, new Grates to the Common Sewers to be added or replaced, and in what Numbers or Places they shall think proper, and the Water Pipes which now be or hereafter shall be said under Ground to be taken up and new laid in such Places, Manner, and Form, as they shall judge best, the Charges and Expences of taking up, altering, and relaying such Pipes to be borne and paid by the said Commissioners, but the said Commissioners shall not remove or cause to be removed any Water Pipes, without giving Notice to and advising with the Inspector or Supervisor of the Water Company to which such Pipes belong; and that the said Commissioners may likewise cause such Number of Posts to be set up and erected in or upon any of the said Streets, and other publick Passages and Places, at such Distances and in such Manner at they shall think proper, and may cause all or any of the Posts and Rails already erected, set up, and affixed, or hereafter to be erected, set up, and affixed, to be painted or repaired, and new Posts and Rails to be set up, erected, and affixed, in the Place of such of them as shall be decayed or rendered useless.
How to Expences of relaying the Pavement opened for laying down or repairing Water Pipes shall be paid. XIV. Provided always, and be it further enacted and declared, That the Charges and Expences of relaying the Pavement or gravelling the Ground which shall be broken, taken up, or opened for the Purposes of laying down, repairing, or amending any such Main or Mains, Pipe or Pipes, shall be reimbursed and paid to the said Commissioners, or to such Person as they shall appoint to receive the same, by the Clerk or Treasurer for the Time being of any such Water Company to whom such Main or Mains, Pipe or Pipes shall belong, or if the same shall not belong to any such Water Company, then by the respective Owner or Owners thereof; and if such Clerk or Treasurer to any such Water Company, or the respective Owner or Owners of such Main or Mans, Pipe or Pipes, liable to reimburse and pay such Charges and Expences, shall refuse or neglect to pay the same within Ten Days next after Demand thereof in Writing, signed by the Clerk of the said Commissioners, and left at their respective Dwelling Houses or last Places of Abode, or at the Office of such Company, together with a Bill to be annexed to such Demand, containing an Account of such Charges and Expences, then and in every such Case, the Money so expended shall and may be recovered by the said Commissioners of and from the Company, or Person or Persons so liable thereto, by Action or Actions of Debt, Bill, Plaint, or Information in any of His Majesty’s Courts of Record at _Westminster_, to be commenced within Three Calendar Months next after such Demand respectively, in which Acton or Actions, Suit or Suits respectively, no Essoign, Protection, or Wager of Law, or more than One Imparlance, shall be allowed.
For Payment of Principal Money and Interest advanced on Credit to the Rates. XV. And be it further enacted, That in order to discharge the Principal Money and Interest already advanced and lent, or which may be hereafter advanced and lent upon the Credit of the Rates or Assessments made by virtue of the said recited Act, it shall and may be lawful to and for the said Commissioners, and they are hereby authorized and directed, yearly and every Year, to deduct, appropriate, and set apart, the Sum of One Penny in the Pound of the Total Amount of the yearly Rent or Value of the several Houses and other Buildings, Lands, and Grounds within the said District; and the said Sum or Sums of Money so to be set apart and appropriated, shall be from Time to Time taken and deducted from and out of the Rate and Assessment levied and collected for forming and keeping in Repair the Streets, and other publick Passages and Places within the said District, and for otherwise improving the same: Provided always, that such Sum or Sums of Money so to be deducted, set apart, and appropriated as aforesaid, shall not at any Time exceed the Proportion of One-twentieth Part of such Rates or Assessments as shall have been actually levied and collected, and shall only be to deducted, set apart, and appropriated at such Time or Times as the said Rate or Assessment shall not exceed the full Sum of Two Shillings in the Pound in any One Year.
Respecting Surplus of Rate. XVI. And be it further enacted, That it shall and may be lawful to and for the said Commissioners, and they are hereby authorized and empowered, from Time to Time, when and as often as the Surplus of the said Rate (if any), shall, together with the Produce of One Penny in the Pound, so to be set apart and appropriated, amount to the Sum of One hundred Pounds or upwards, to pay off and discharge the Money borrowed and to be borrowed on the Credit of the said Rate, in such Manner as the said Commissioners shall think proper, and a separate Account shall be kept of the Sums of Money paid off and discharged by the Surplus of the said Rate, distinct from those which shall be paid off and discharged by the Sum so appropriated as aforesaid by virtue of this Act. Application of Compensation where amounting to 200_l._ XVII.
Application where the Money does not exceed 200_l._ nor less than 20_l._ XVIII. Provided always, and be it further enacted, That if any Money so agreed or awarded to be paid for any Buildings, Lands, or Hereditaments purchased, taken, or used for the Purposes aforesaid, and belonging to any Corporation, or any Person or Persons under Disability or Incapacity as aforesaid, shall be less than the Sum of Two hundred Pounds, and shall exceed the Sum of Twenty Pounds, then and in all such Cases, the same shall (at the Option of the Person or Persons for the Time being entitled to the Rents and Profits of the Buildings, Lands, or Hereditaments so purchased, taken, or used, or of his, her, or their Guardian or Guardians, Committee or Committees, in case of Infancy or Lunacy, to be signified by Writing under their respective Hands), be paid into the Bank, in the Name and with the Privity of the said Accountant General of the High Court of Chancery, and be placed to his Account as aforesaid, in order to be applied in Manner herein-before directed, or otherwise the same shall be paid (at the like Option) to Two Trustees, to be nominated by the Person or Persons making such Option, and approved of by Three or more of the said Commissioners (such Nomination and Approbation to be signified in Writing under the Hands of the nominating and approving Parties), in order that such Principal Money, and the Dividends arising thereon, may be applied in any Manner herein-before directed, so far as the Case be applicable, without obtaining or being required to obtain the Direction or Approbation of the Court of Chancery.
Application where Money is less than 20_l._ XIX. Provided also, and be it further enacted, That where such Money, so agreed or awarded to be paid as next before mentioned, shall be less than Twenty Pounds, then and in all such Cases, the same shall be applied to the Use of the Person or Persons who would, for the Time being, have been entitled to the Rents and Profits of the Buildings, Lands or Hereditaments so purchased, taken, or used for the Purposes of the said Act and this Act, in such Manner as the said Commissioners, or any Three or more of them, shall think fit; or in case of Infancy or Lunacy, then to his, her, or their Guardian or Guardians, Committee or Committees to and for the Use and Benefit of such Person or Persons so entitled respectively. For paying the Expences of the Act. XX. And be it further enacted, That it shall and may be lawful for the said Commissioners to pay and discharge the Expences attending the obtaining and passing this Act, by and out of such Monies as they may think fit to borrow by virtue of the Power and Authority given to them in and by the said recited Act, or by and out of any of the Rates or Assessments by the said recited Act granted.
Ideas discussed in this chapter
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