Officers to be appointed.
VI. And be it further enacted, That the said Commissioners shall from Time to Time, by Writing under their Hands, appoint a Treasurer, Clerk, and Surveyor, and also a Collector of the Rates or Assessments to be made as herein-after mentioned, and such other Officers and Persons as they shall think necessary, and may remove any such Officers or other Persons as they shall think proper, and appoint others in their Stead, and shall pay such Salaries, and make such Allowances, to all such Officers or Persons, as the said Commissioners shall think reasonable; and the said Commissioners are hereby required to take such Security from every such Treasurer and Collector of the Rates as they shall think proper; and every such Treasurer and Collector shall, under their respective Hands (at such Time or Times and in such Manner as the said Commissioners shall direct), deliver to the said Commissioners, or to such Person as they shall appoint, a true and perfect Account in Writing of all Money which shall have been by him received by virtue and for the Purposes of this Act, and how much thereof hath been paid and disbursed, and for what Purposes, together with the proper Vouchers for such Payments, and shall pay all such Money as shall remain in his Hands to such Person as the said Commissioners shall direct; and every such Treasurer and Collector so accounting shall, upon Oath (if thereunto required by the said Commissioners, which Oath any One of the said Commissioners is hereby empowered to administer), verify such Account; and if any such Treasurer or Collector shall not make and render, or shall neglect or refuse to verify upon Oath, any such Account, or to produce or deliver up the Vouchers relating to the same, or to make Payment as aforesaid, or in case the Clerk to the said Commissioners, or any such Treasurer or Collector, shall not deliver to the said Commissioners, or to such Person as they shall appoint, within Fourteen Days next after being thereunto required by Notice in Writing signed by the said Commissioners, and given to or left at the last or usual Place of Abode of such Treasurer, Clerk, or Collector, all Books, Papers, and Writings in his Custody or Power, relating to the Execution of this Act, or give Satisfaction to the said Commissioners respecting the same, and Complaint shall be made thereof, on the Behalf of the said Commissioners, to any Justice of the Peace for the County of Middlesex, such Justice is hereby authorized and required, by Warrant under his Hand and Seal, to cause such Treasurer, Clerk, or Collector to be brought 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 if, upon the Confession of the Party, or by the Testimony of any credible Witness upon Oath (which Oath such Justice is hereby empowered to administer), it shall appear to such Justice that any of the Monies, which shall have been collected and raised by virtue of this Act, shall be in the Hands of any such Treasurer or Collector, such Justice is hereby authorized and required, upon Nonpayment thereof, by Warrant under his Hand and Seal, to cause such Money to be levied by Distress and Sale of the Goods and Chattels of such Person; and if no such Goods or Chattels can be found sufficient to answer and satisfy the said Money, and the Charges of distraining and selling the same, or if it shall in Manner aforesaid appear to such Justice that any such Treasurer or Collector hath refused or neglected to render and give such Account, or to verify the same as aforesaid, or to produce the Vouchers relating thereto, or that any Books, Papers, or Writings relating to the Execution of this Act shall be in the Custody or Power of any such Treasurer, Clerk, or Collector, and he shall have refused or neglected to deliver or give Satisfaction respecting the same as aforesaid, then such Justice shall commit him to the Common Gaol or House of Correction, there to remain, without Bail or Mainprize, until such Person, being Treasurer or Collector, shall make and give a true and perfect Account, and have paid such Money as aforesaid, or shall have compounded for such Money with the said Commissioners, and have paid such Composition in such Manner as they shall appoint (which Composition the said Commissioners are hereby empowered to make and receive), or until such Person, being Treasurer, Clerk, or Collector, shall deliver up all such Books, Papers, and Writings as aforesaid; but no Person, who shall be committed on account of his not having sufficient Goods or Chattels as aforesaid, shall be detained in Prison for any longer Term than Six Calendar Months.
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.
Inhabitants to form, &c. the Streets, in the first Instance.
IX. Provided always, and be it further enacted, That the Carriage Ways within all such new Streets, and other publick Passages and Places, which are in Part set out and made, or which shall hereafter be set out or made, within the Limits of this Act, shall be levelled, formed, and covered with Gravel, not less than Six Inches Thick, and the Foot Ways paved in the whole Front of the respective Houses, Buildings, and Tenements, by and at the Expence of the respective Persons who for the Time being shall be entitled to such Houses, Buildings and Tenements, otherwise than as Tenants at Rack Rent, in such Manner as the said Commissioners shall, by Writing under their Hands, order and direct; or the Persons entitled as aforesaid to such Houses, Buildings, or Tenements, shall and may compound with the said Commissioners for the doing such Works, at or for such Sum of Money, to be paid in Advance to the Treasurer to the said Commissioners, as the said Commissioners, and the Persons entitled as aforesaid, shall agree upon, and in such Case the Work, in respect whereof such Composition shall be so agreed upon, shall be done and performed by the said Commissioners; and after such Work shall be completed, every such Street, or other publick Passage or Place, shall be repaired or altered, and may be paved by the said Commissioners in like Manner as herein-before directed with respect to any Street, or other publick Passage or Place, already set out or made within the Limits aforesaid; but if the Persons entitled as aforesaid to any such Houses, Buildings, or Tenements, shall not, within Three Months after being thereunto required by Writing under the Hands of the said Commissioners, do or perform their respective Proportions of such Work, or compound with the said Commissioners in respect thereof, and pay the Composition Money in Advance as aforesaid, then such Work shall be done by the said Commissioners, and the Expence thereof shall be borne and defrayed, and shall be paid to the Treasurer to the said Commissioners by the respective Persons not doing or performing such Work, or compounding for the same as aforesaid; and in case of Nonpayment thereof upon Demand, or if the Person or Persons liable to the Payment of such Expences cannot be met with, or shall be under any Disability of acting for himself or herself, then it shall be lawful for the said Commissioners by virtue of a Warrant for that Purpose under the Hands of any Two Justices of the Peace for the County of Middlesex, to enter upon and take Possession of any House or other Building in Front of which such Work shall be done and performed, and to let or set the same, and receive the Rents and Profits thereof, until thereby or therewith such Expences, and all Charges attending the Recovery thereof, shall be fully paid and satisfied.