A. |
Accounts, Book of, to be opento the gratuitous Inspection of the Trustees and Personsrated. See Trustees. | [8] |
— Copies and Extracts may be gratuitously taken byduly qualified Persons. | ibid. |
ACT, Limits of, defined. | [2] |
— Persons for putting the Act in Executiondefined, | ibid |
— Expense of obtaining, &c. to be paid out ofthe first Monies raised by virtue of the Act. | [43] |
— to be deemed a public Act, and judicially takenNotice of as such, without being specially pleaded. | [44] |
ACTION. In every Action, the Designation ofDefendant as set forth by the Act, being indebted to thePlaintiff in the Sum, &c. shall be sufficient. See Clerk, Treasurer. | [30] |
ACTION or SUIT, proper Names of, to be given. See Notice. | [41] |
— not to be commenced after a Tender of sufficientAmends to the Parties aggrieved, or (on their Behalf) to theirAttorney or Agent. | ibid. |
— not to be commenced after the Expiration of SixMonths next after the Fact committed. | [42] |
— the Venue to be laid in the County where the Causeof Action shall have arisen, and not elsewhere. | ibid. |
ACTS. See Proceedings. | |
ADJOURNMENTS. Neglect of, &c. | [14] |
AGGRIEVED. Persons aggrieved by any Rate orAssessment after Payment thereof, may appeal to the Trustees attheir next Meeting. | [38] |
— Persons aggrieved by any Decision of theTrustees or Justice of the Peace in the Execution of this Act,may appeal to the General Quarter Sessions to be held next afterthe Expiration of One Calendar Month from the Time when the Causeof Complaint shall have arisen, but not afterwards. | [38] |
AMBASSADOR, Houses occupied by, the Landlord or Proprietorof such Houses to be rated as the Occupier. | [26] |
AMENDMENT of any Rate, Assessment, or Matter of Form inany Conviction or Proceeding connected with the Execution of thisAct, may be made by the Justices at the Quarter Sessions. | [38], [39] |
ANNOYANCES, &c. Penalty for. | [35] |
ANNUITY, Form of the Grant of. See Money. | [30] |
— Money raised by way of Annuity, to be deemedPersonal Estate. | ibid. |
— Restrictions upon the granting of—not to begranted for the Lives of more than Two Persons under the Age ofThirty-five. | [31] |
APPEAL may be made to the Trustees by Persons aggrieved byany Rate made in pursuance of the Act, at the next Meeting of theTrustees, after Payment of such Rate or Assessment. | [38] |
— may be made against Decision of the Trustees orany Justice of Peace, at the next Quarter Sessions. | ibid. |
— to the Quarter Sessions against Decision ofTrustees or Justice, not to be made later than One Month afterthe Cause of Complaint arising. See Aggrieved. | ibid. |
— to the next Quarter Sessions against Decision ofTrustees or Justice—the Appellant to give Fourteen Dayswritten Notice of the Appeal and of the Matter thereof to theClerk of the Trustees, and within Five Days after, to enter intoa Recognisance, with Two sufficient Sureties, before a Justice ofPeace. See Sureties. | [38], [39] |
— to the Quarter Sessions, &c. if against aConviction, the Sureties of the Appellant to be conditioned to paythe Penalty, if the Conviction be affirmed. SeeSureties. | [39] |
— Matters of, to be determined in a summary Way bythe Justices at the General Quarter Sessions. SeeJustices. | ibid. |
AREA, enclosed, of Brompton Square, first Expense ofenclosing, &c. not to be defrayed by the Trustees. See Trustees. | [43] |
— Provision in favour of the Occupiers of Houseshaving Interest in the enclosed Area, previously to the passingof the Act. | [22] |
ARMS and Clothing for Watchmen to be provided. | [17] |
— for Watchmen, &c. vested in the Trustees. | [23] |
ASHES, DUST, &c. See Mud. | |
ASSESSMENT. See Rate. | |
B. |
BASKET. See Stall. | |
BOG-HOUSE, or NIGHT-SOIL. Penalty £5 foremptying it, except between the Hours of Twelve at Night and Fivein the Morning. | [33] |
BONFIRE making, &c. in Brompton Square. | [32] |
BOOK. See Names. | |
BREAKING in. &c. See Horse. | |
BROMPTON SQUARE, STREETS, &c. on the Land claimed tobe seised by Wm. Farlar, Esq. partly laid out prior to thepassing of the Act. | [1] |
BUILDING MATERIALS. Penalty not exceeding £5,for placing them within the Jurisdiction of this Act. See Provision. | [33] |
BUSINESS, Room or Building may be hired for Transactionof. See Trustees. | [41] |
C. |
CARRIAGEWAYS, &c. Trustees to contract forcleansing them. See Footways. | [21] |
CARPETS. Beating or dusting them, &c. Penalty £5 for. | [32] |
CHAIRMAN, how to be appointed. | [4] |
— to have a casting Vote. | [5] |
CHAISE. See Coach. | |
CHELSEA WATER-WORKS. See Water-Works. | |
CINDERS. See Dust. | |
CLERK to be appointed, and how. | ibid. |
— &c. not to be Treasurer. SeeTrustees. | [7] |
— to keep a Book of Accounts. SeeTrustees. See Inspection of Accounts. | [8] |
— to the Trustees, his Death or Removal, or that ofthe Treasurer, no Ground for the Discontinuance of an Action. | [40] |
— to be deemed Plaintiff or Defendant in an Action,but not personally answerable for Damages. SeeDamages. | [41] |
— competent Witness in an Action, though nominallyPlaintiff or Defendant. | ibid. |
— to enter Contracts in a proper Book. | [23] |
CLOATHING. See Arms. | |
COACH, Chaise, Waggon, Cart, Truck, Wheelbarrow, or otherCarnage whatever, driven upon any Footway within the Jurisdictionof the Act, Penalty for, not exceeding £5. | [34] |
COACH-HOUSES. See Stables. | |
COLLECTOR of RATES to be appointed, and how. | [5] |
COMPLAINTS, Costs incident to, how to be levied, if notpaid on Conviction. See Penalties. | [36], [37] |
CONTRACT for doing WORKS, &c. connected with theExecution of the Act, may be yearly, or otherwise. | [23] |
— &c. not to continue in force for more thanThree Years from the Time of contracting. | ibid. |
— all Contracts for doing Works, &c. connectedwith the Execution of the Act, to be entered in a properBook. | ibid. |
COMMISSIONERS of SEWERS. See Sewers. | |
COMPENSATION for special Damage done by Parties’irregularly distraining. See Irregularity. | [39] |
CONVICTION of OFFENDERS, &c. SeeJustice. | |
— Form of. | ibid. |
— Appeal against. See Appeal. | [41] |
COSTS and EXPENSES respecting the Contamination ofWater by any Escape of Gas, to be determined (if requisite) by aJustice of Peace. See Water. | [16] |
— and Expenses occasioned by Distress, &c. to bedetermined by Justice of the Peace. See Justice. | [29] |
— and Expenses occasioned by Distress, &c. maybe sued for, &c. with full Costs of Suits, &c. by theTrustees. See Action. | ibid. |
COSTS, &c. incident to a Complaint, hour to be levied,if not paid on Conviction. See Penalties. | [36] |
— awarded by the Trustees at the Quarter Sessions,Sureties for an Appellant must be conditioned to pay such. See Sureties. | [39] |
— if not paid on Decision of the Justices at theQuarter Sessions, the Delinquent to be committed to the CommonGaol or House of Correction. See Justices. | ibid. |
— See Damages. | |
— when Plaintiff is to pay Treble, and howrecoverable. See Verdict. | [42] |
— of Performance of Conditions for renting Groundfor a Pleasure Garden, to be paid out of Rates made by virtue ofthe Act. | [22] |
Cost of every Lease for renting Ground for a PleasureGarden, to be paid out of the Rates made by virtue of theAct. | ibid. |
— Costs and Expenses of obtaining and passing theAct to be paid out of the first Monies raised by virtue ofit. | [43] |
D. |
DAMAGE done by fixing of Lamps. SeeLamps. | |
— Special, done by Parties’ irregularlydistraining, Compensation for, how recoverable. SeeIrregularity. | [38] |
— Damages or Costs recovered against the Clerk orTreasurer, not to be paid by them, but by the Trustees, out ofthe Money raised under the Act. | [41] |
— wilfully done to the Pavements, Lamps, Fences,Trees, Walks, &c. &c. in Brompton Square, Penaltyfor. | [24] |
— done to the Pavements, Lamps, &c. Satisfaction to be made for. | ibid. |
— &c. Satisfaction fur, how to beobtained. | ibid. |
— and Injury. To be made good to the Trusteesby the Water-works Company, all Damage which may have been causedby an Examination of the Pipes respecting the Contamination ofWater by Gas, if the Gas be not the Occasion of the Nuisance. | [16] |
— the Amount of Loss, Injury, Damage, &c. doneto Footways, &c. to be determined, if requisite, by a Justiceof the Peace. See Justice. | ibid. |
DEFENDANT in an Action may plead specially or the generalIssue, and at the Trial thereof give this Act and the specialMatter in Evidence. | [42] |
— Verdict to be found for, if, in an Action, theThing complained of appear to have been done under Authority ofthe Act; or if the Action be brought contrary to theRestrictions, &c. which the Act has laid down. See Verdict. | ibid. |
DEMURRER. If, on Demurrer, Judgment be given againstPlaintiff, Defendant to have Treble Costs. SeeVerdict. | ibid. |
DISCHARGE. See Payment. | |
DISTRESS and SALE by, of the Goods, &c. of anyOfficer, having Money for which he has not accounted, and havingrefused to give Account, &c. See Notice. | [6] |
DISTRESS, Warrant of. See Warrant. | |
— not illegal from Informality. | [38] |
— Persons making, not Trespassers from anyInformality in the Proceedings. | ibid. |
— Persons making, not Trespassers ab initio,on account of any subsequent Irregularity. | ibid. |
DUNG. See Mud. | |
DUST, Trustees to contract for taking away. | [21] |
DUST, ASHES, &c. See Mud. | |
E. |
EXAMINATION respecting Gas; upon Examination, should itappear that Contamination has not arisen from an Escape of Gas,the Expenses and Costs of Digging to be borne by the WaterCompany, &c. | [15] |
EXECUTION of the Act. See Notices, Form,Proceedings. | |
EXEMPTION from General Rates. See Rates. | |
EXPENSE of removing Gas Pipes from private DwellingHouses, &c. See Pipes. | |
EXPENSES incident to inclosed Area of Brompton Square, tobe wholly borne by the Tenants and Occupiers of Houses. See Costs. | [19] |
F. |
FARLAR, WILLIAM, Esq. | [1] |
FILTH. See Mud. | |
FIREWORKS, discharging them in Brompton Square. | [32] |
FOOTBALL, or any other Game, playing at, in BromptonSquare. | ibid. |
FOOTWAYS and CARRIAGEWAYS, Trustees shall cause to beproperly formed, repaired, cleansed, watered, drained, protectedwith Posts, &c. or altered, as they think necessary. See Penalty. | [9] |
— &c. if broken up for the laying of Pipes orany other Purpose, the Work to be expeditiously completed, andthe Footways, &c. put in as good a State as before, at theExpense of the Company or Persons so breaking them up. | [10] |
— &c. if not repaired by the Parties causingthem to be broken up, for 24 Hours after the Completion of theWork for which they were broken up, the Trustees to have themproperly repaired, and may compel the Parties who caused them tobe broken up, to defray the Cost of repairing. | [11] |
— &c. Expense of repairing, how to berecovered by the Trustees of Persons failing to reinstate suchFootways, &c. after causing them to be broken up. | ibid. |
— &c. first Expense of, not to be defrayed byTrustees. See Trustees. | |
FORFEITURES, how recoverable. SeePenalties. | |
FORM, Matter of, in any Conviction or Proceeding under theAct, may be amended by the Trustees at the Quarter Sessions. | [38] |
— Want of, no Ground for quashing or vacating anyProceedings connected with the Execution of this Act. See Proceedings. | ibid. |
G. |
GAME, i.e. Play, &c. See Football. | |
GAOL, or House of Correction, any Officer having receivedMoney for which he has not accounted, and having refused to giveAccounts, may be committed to. See Notice. Satisfaction. | [6], [7] |
GARDEN. See Pleasure Garden. | |
GARDEN-POT or TUB, Penalty for placing or putting out,upon or before any Building next or towards any Footway withinthe Jurisdiction, &c. unless properly secured fromfalling. | [33] |
GAS found to escape, speedy Means to be taken to preventit. See Notice. Penalty. | [16] |
GAS PIPES. See Pipes. | |
GAS WASHINGS. See Penalty. | |
GATES to be erected at the Entrance of BromptonSquare. | [21] |
— to be kept up and preserved by the Trustees. | ibid. |
— to be kept closed during such Hours as theTrustees shall direct. | ibid. |
— a Key or Keys of the Gates to be left in theCharge of the Watchmen, during the Hours appointed by theTrustees for the Gates to be closed. | ibid. |
GOODS. See Stall. | |
GOODS and CHATTELS liable to Distress, in case of theNon-payment of Penalties. See Penalties. | [35], [36] |
GRAND JUNCTION WATER-WORKS. SeeWater-works. | |
GRAVELLING. &c. See Owners. | |
GROUND for Pleasure Garden, to be subject to Stipulations,agreedupon between the Trustees and Wm. Farlar, his Heirs, &c. | [21], [22] |
— Lessees of, their Estate and Interest, to vest inthe Trustees for the Time being. | ibid. |
H. |
HORSE, BEAST, &c. wilfully suffering them to go uponany Footway, &c. | [35] |
— &c. fastening any Horse, &c. to any House,Wall, Fence, Post. Rail, &c. or across any Footway,&c. | ibid. |
— &c. riding or leading a Horse, &c. on anyFootway within the Jurisdiction of the Act. | ibid. |
— &c. driven by any Person in any Part ofBrompton Square for the Purpose of breaking him in, offering himfor Sale, &c., Penalty not exceeding £5. | ibid. |
HOUSE of CORRECTION. See Gaol. | |
HOUSES. Trustees to order them to be numbered. See Penalty. | |
I. |
INFORMALITY of Proceedings in making Distress, SeeDistress. Irregularity. | |
INFORMATION in Writing, not necessary to the Conviction ofan Offender. | [36] |
INHABITANTS of any House, &c. within the Jurisdictionof this Act, may be a competent Witness in any Action, &c.relating to its Execution, or to any Rate made in pursuancethereof. | [40] |
INSPECTION of ACCOUNTS, Clerk refusing to permit. See Penalty incurred, &c. | |
IRREGULARITY, subsequent, of Parties’ distraining,does not render them Trespassers ab initio. See Distress. | [38] |
— of Parties’ distraining. Personsaggrieved by, may recover Compensation for special Damage byAction, subject to certain Limitations. | ibid. |
ISSUE. See Defendant. | |
J. |
JAIL. See Gaol. | |
JUDGMENT, when, on Demurrer, Judgment is given againstPlaintiff, Defendant to have Treble Costs. SeeVerdict. | [42] |
JURISDICTION of the Trustees defined. | [9] |
JUSTICES of Peace for Middlesex, Penalties recoverablebefore. | [36] |
— to summon Offenders liable to Penalty under theAct. | ibid. |
— to determine Complaints and convict Offenders onProof, either by their own Confession or the Oath of credibleWitness or Witnesses, even without Information in Writing. | ibid. |
— to grant Warrants for Distress on Goods andChattels, in case of the Nonpayment of Penalties. | ibid. |
— Penalties recoverable before. | ibid. |
— may order Offenders to be kept in Custody tillReturn can be made to Warrant of Distress, unless satisfactorySecurity for their Appearance be given. | ibid. |
— in what Form he may cause the Conviction ofOffenders to be drawn up. | [37] |
— may take Security for the Appearance of Offendersconvicted under this Act, by way of Recognisance orotherwise. | [36] |
— at the General Quarter Sessions, on Proof of dueNotice given and Recognisance entered into, to determine Mattersof Appeal, award Costs, levy Costs by Distress, and commit theDelinquent to the Common Gaol for Six Months, or until the Costsawarded be paid. | [37] |
— at Quarter Sessions, may amend any Rate,Assessment, or Matter of Form in any Conviction or Proceedingunder this Act. | [39] |
— of Peace for Middlesex may act as such in theExecution of the Act, though also a Trustee. | [40] |
— of Peace, his Decision may be appealed against atthe next Quarter Sessions. See Appeal. Aggrieved. | [38], [39] |
K. |
KEY or KEYS of the Gates, to be left in the Charge of theWatchmen during the Hours appointed by the Trustees for the Gatesto be closed. | [21] |
KEYS of the Pleasure Garden, to be granted only to theOccupiers of Houses in the Square, except with the writtenConsent of the Majority of the Trustees. | [22] |
— to the enclosed Area of Brompton Square, not to bemade without written Consent of Trustees. | ibid. |
— false, to the enclosed Area of Brompton Square,Penalty for making, selling, or knowingly purchasing. | ibid. |
— false, &c., may be seised, &c. byAuthority of Trustees. | [25] |
L. |
LAMPS, &c. to be set up, in and about the Footways,&c. within Jurisdiction of the Act, on or against Walls orPalisadoes belonging to any contiguous House, &c. | [10] |
— to be lit with Oil or Gas, during such Hours,&c. as the Trustees judge proper. | ibid. |
— if unlawfully extinguished, the Offender to pay aPenalty not exceeding £5. | ibid. |
— Damage done to any Building, &c. by fixing of,to be repaired by the Trustees out of the Money raised under thisAct. | ibid. |
— Lamp Irons, &c. vested in the Trustees. | [23] |
LAND, Description of, at Brompton Square, claimed to beseised by Wm. Farlar, Esq. | [1] |
LANDLORD, claiming or receiving the Rent of Lodgers,&c., to be rated as the Occupiers, &c. | [26] |
LEASE of Ground for an enclosed Area in Brompton Square,may be contracted for in the Names of Five Trustees. | [22] |
— of Ground for Pleasure Garden, to be taken andaccepted by the Trustees from Wm. Farlar, his Heirs, &c. | ibid. |
— Cost of, to be paid out of the Rates made byvirtue of the Act. | [22] |
— of Room or Building for Transaction of Businessrelating to the Act, may be taken and accepted by Trustees tothemselves, any of them, or any Person in Trust for them, for anyNumber of Years, at such Rent as they shall from Time to Timethink fit. See Trustees. | [41] |
— of enclosed Area in Brompton Square, whenobtained, how affecting Rates. See Rates. | [25] |
LESSEES of Ground for Pleasure Garden; their Estate andInterest to vest in the Trustees for the Time being. | [24] |
LIME, slacking or sifting, &c. in BromptonSquare. Penalty for. See Provision. | [32] |
M. |
MATERIALS for the Footways, &c. vested in theTrustees. | [23] |
MEETINGS, Expenses of, by whom to be defrayed. | [4], [5] |
— Five a sufficient Number to form a Meeting. | ibid. |
— Five, or any Number under Five, may adjourn. | ibid. |
— First Meeting to be held on the Fourth Monday,&c. at the Grapes Tavern at Brompton. SeeChairman. | ibid. |
MEETINGS, adjourned, where and when. | ibid. |
— Notice respecting adjourned Meetings. | ibid. |
— Special. | ibid. |
— Neglect or Omission to adjourn. | ibid. |
MERCHANDISE. See Stall. | |
MIDDLESEX, West, Water-works. SeeWater-works. | |
MONIES received by an Officer, or collected by him byvirtue of the Act, and upon Inspection of his Accounts, beforerefused to be given, not accounted for, on Nonpayment thereof,any Justice, by Warrant under his Hand, may cause such Monies tobe levied by Distress, &c., or, if Goods and Chattels be notsufficient, &c. &c. to be committed to the Common Gaol orHouse ofCorrection, &c. for Six Calendar Months. | [5], [6] |
— may be raised on the Credit of the Rates by way ofLoan on Annuity. | [30] |
— charged in consequence of Alteration or Amendmentof Rates, may be recovered and levied, &c. as an originalInsertion. | [28] |
— arising from Penalties, to whom to be paid, andhow to be disposed of. See Penalties. | [37] |
MONTH. A Month’s Notice to be given ofintended Action. | [41] |
MORTAR, making it in Brompton Square. SeeProvision. | [32] |
MUD, Dust, Sand, Rubbish, Filth, Dung,Ashes,—Penalty not exceeding £5 for placing, withinthe Jurisdiction of the Act. | [33] |
N. |
NAMES of Streets, Numbers of Houses, Trustees to orderthem to be set up. See Penalties. | [20] |
NAMES, Orders, and Proceedings of the Trustees at Meetingsto be entered into a Book kept for the Purpose. SeeTrustees. Proceedings. | [32] |
NIGHT-SOIL. See Bog-house. | |
NOTICE respecting adjourned Meetings. | [4] |
— signed by Three or more Trustees, to be given toOfficers who shall refuse to give true and perfect Accounts ofthe Monies, &c. before any other legal Step can be taken. | [6] |
— by Parol or in Writing, to be given to theTrustees or Gas Light Company respecting the Escape of Gas. | [17] |
— to be given in case Gas Washings, &c. shall beconveyed into any River, Stream. &c. | ibid. |
— to be given to Persons neglecting to put upFences, Lights, &c. during Repairs, and also to remove themin proper Time. See Penalty. Repairs. | [34] |
— in Writing properly signed. &c. respecting theContamination of Water by Gas, to be given to the Trustees or GasCompany, before the Penalty of £10 can be exacted,or any legal Step can be taken. See Pipes. | [14] |
— written, of intended Action, stating fully theCause of Action, Name, and Place of Abode of intended Plaintiff,and of his Attorney or Agent, to be left at the usual Residenceof the intended Defendant, a Month previously to the Commencementof the Action. | [41] |
— of Appeal to the Quarter Sessions against Decisionof Trustees or Justice of Peace, to be given to the Clerk of theTrustees. See Appeal. | [39] |
NOTICES or SUMMONSES, requisite for carrying this Act intoExecution, may be written or printed, or partly both. | [40] |
— may be served by delivering them to the Persons towhom they are directed, or leaving them at the last knownResidence of such Persons, or at, or upon, any House, &c.whereunto they respectively relate. | ibid. |
NUMBERS. See Names of Streets. | |
NUISANCES and ANNOYANCES, Penalty for. | [34] |
O. |
OATH, to be taken and subscribed to, by every Owner orOccupier of a House, &c. before he can act as Trustee. See Unqualified Persons. | [3] |
OCCUPIER or LODGER, to be liable, under a Modification, tobe distrained for Rates, &c. due at the Time of making theDistress. | [27] |
— having been distrained, &c. may deduct theAmount, &c. out of the Rent, payable by him to the Person orLandlord rated. | ibid. |
OFFENDERS, may be apprehended without any other warrant orAuthority than the Act. | [35] |
— liable to Penalty, to be summoned before anyJustice of the Peace for Middlesex. See Justice. | |
— not having Goods and Chattels whereon sufficientDistress can be taken, to be committed to the Common Gaol. See Warrant. | [37] |
— Form of Conviction of. | ibid. |
OFFICERS, how to be appointed. | [5] |
— if requisite, how to be removed. | ibid. |
— to give true and perfect Accounts in Writing ofall Receipts and Payments of Monies to the Trustees, or to suchPersons as they shall nominate. See Monies. | [5], [6] |
— neglecting to give up Papers, &c. within SevenDays after being required by a Notice in Writing, any Justice ofthe Peace, upon Complaint of the Trustees, may issue aWarrant. See Warrant. Justice. | [6], [7] |
OFFICERS or PERSONS engaged in the Execution of this Act,Penalty for obstructing them. | [35] |
ORDERS and Determinations of Trustees to be made atMeetings to be held pursuant to the Act, and not otherwise. See Names. | [4] |
— none to be made at any Meeting, without theConcurrence of the Majority of the Trustees present. See Chairman. Names. | [5] |
— Revocation of, and Exception. | ibid. |
— written Notice respecting the Revocation ofOrders, to be given by Three or more Trustees under their Hands,at a previous Meeting. | ibid. |
OWNERS and OCCUPIERS of HOUSES, &c. beneficial tothem, and also of public Advantage, to provide by Law for thepaving, gravelling, &c. and for the Maintenance of a PleasureGarden in the Square. See Owners. | [1] |
P. |
PAVING, gravelling, forming, &c. Footways orCarriageways, first Expence of, not to be defrayed byTrustees. See Trustees. Owners. | [43] |
PAYMENTS of RATES after a Distress upon Occupier, Lodger,&c. to be a sufficient Discharge for so much Rent as shall bedue to the Landlord. | [27] |
PENALTY for unqualified Persons acting as Trustees, FiftyPounds. | [3] |
— to whom to be paid. | ibid. |
— how and where to be recovered. | ibid. |
— for the Offices of Clerk and Treasurer beingaccepted by the same Person or disqualified Parties, One hundredPounds. See Trustees. | [8] |
— for the Offices of Clerk and Treasurer, beingaccepted by the same Person or disqualified Parties, or for theTreasurers’ accepting another Place of Profit or Trustunder the Trustees, to be recovered with full Costs of Suit inany of His Majesty’s Courts of Record at Westminster, byAction of Debt or on the Case, or by Bill, Suit or Information,without Allowance of Essoign, Protection or Wager of Law, or ofmore than one Imparlance. | ibid. |
— incurred by Clerk for refusing to permitInspection of the Accounts, not to exceed £10. | [9] |
— for taking up or breaking Footways, &c.without Consent of Trustees, not to exceed £10. | [10] |
— for unlawfully extinguishing Lamps. See Lamps. | |
— for not removing Contamination of Water by Gas, of£10 per Diem (proper Notice having been previouslygiven,) to be paid by the Trustees or Gas Company to theSecretary or chief Clerk of the Water Works Company, or elselegally recovered with Costs. See Pipes. | [15] |
— of £5 per Diem, for neglecting to useMeasures for stopping the Escape of Gas, within Twenty-four Hoursafter written Notice shall have been given. | [17] |
— of £200 for conveying, or causing to beconveyed, Gas Washings, &c. into any River, Stream, Sewer,&c. | [18] |
— to be paid to any Person or Persons who shall suefor the same in any of His Majesty’s Courts, &c. | ibid. |
— no Essoign, Protection of Law, and not more thanone Imparlance allowed. | ibid. |
— not recoverable, unless sued for within TwelveCalendar Months next after an Annoyance. | ibid. |
— of £20 in Addition to the £200 foreach and every Day, after a written Notice shall have been given thatGas Washings &c. are conveyed into any River, &c. | [19] |
— to be paid to the Informer, &c. or to thePerson who shall have sustained any Annoyance. | ibid. |
— not exceeding 10l. for unlawfully removingDust. | [21] |
— for certain Nuisances and Annoyances. | [24] |
— for placing Garden-pot or Tub, &c. See Garden-pot. | |
— for not erecting or placing proper Enclosures toprevent Accidents, during the Repairs of Houses. SeeRepairs. | |
— for keeping Swine. See Swine. | |
— not exceeding £10 for obstructing Trusteesin the Execution of the Act. | [35] |
— not exceeding £10 on Person or Personssummoned to give Evidence before a Justice of Peace, respectingan Offence punishable under the Act, and failing to attend,&c. | ibid. |
— not exceeding £5 for assaulting aWatchman. | [20] |
— on every Victualler who shall harbour or entertaina Watchman during the Time appointed for his being on Duty. | ibid. |
— not exceeding £2 on a Watchman forMisconduct. | ibid. |
— not exceeding £5 for defacing Names ofStreets or Numbers of Houses, unless, within Seven Days after awritten Notice shall have been given, the same be reinstated. | ibid. |
— for wilfully damaging the Pavements, Lamps,Fences, Trees, Walks, &c. &c. in Brompton Square. | [24] |
— for making, selling, or knowingly purchasing falseKeys to the enclosed Area of Brompton Square. | [25] |
— for not securing Gas Pipes. SeePipes. | [13] |
PENALTIES. All those not before particularlydirected, recoverable before any Justice of Peace for Middlesex,on Complaint made within Six Months after the Commission of theOffence. | [36] |
— if not paid on Conviction, to be levied byDistress and Sale of Goods and Chattels of the Offender, byWarrant under the Hand and Seal of the Justice of the Peace forMiddlesex. | [36] |
— Money arising from, unless where otherwisedirected, to be paid to the Treasurer of the Trustees; and(except that Part which the Trustees are empowered to dispose ofin Rewards,) to be applied for the Purposes of this Act. | [37] |
PIGS. See Swine. | |
PIPES, Gas, not to be affixed to a House, &c. withoutthe Occupier’s Permission. | [12] |
— Regulations for the laying down of. | ibid. |
— Penalty for not properly securing, so as toprevent the Escape of Gas, £5 | [13] |
— to be removed from Dwelling Houses, &c. withinSeven Days next after Service of a written Notice has been givento the Trustees or Gas Company by the Owners or Occupiers of suchHouse, &c. | ibid. |
— Expenses of removing Gas Pipes from DwellingHouse, to be paid by Trustees or Gas Company, and legallyrecovered before a Justice of Peace. | ibid. |
— if Water be contaminated by, the Trustees or GasCompany shall, within 24 Hours after receiving proper Notice fromthe Water Works Company, take Measures to remedy suchContamination, under Penalty of 10l. for every Day duringwhich the Water remains contaminated. | [14] |
PLEAD, Defendant in an Action may plead specially, orGeneral Issue. | [42] |
PLEASURE GARDEN in the Square. SeeOwners. | |
— to be maintained and preserved, subject toStipulations of Lease. | [21] |
— Lease of Ground for the laying out of, lawful tobe contracted for, by the Trustees in the Names of Five. | [21] |
— Ground for, to be subject to Stipulations agreedupon between the Trustees and William Farlar, his Heirs,&c. | ibid. |
— Lessees of Ground for, their Estate and Interestto vest in the Trustees for the Time being. | ibid. |
— to be kept for the exclusive Use of Persons,occupying Houses in the Square. | ibid. |
— to be fenced in with substantial Iron Railing, andsecured with proper Entrance Gates and Locks. | ibid. |
— Access to, to be confined to the Occupiers ofHouses in the Square. | ibid. |
— Railing, Gales, Locks, Plants, Materials forGravel Walks of, &c., to be vested in the Trustees during theContinuance of any Lease of the enclosed Area granted tothem. | [23] |
POST, Rails, &c. vested in the Trustees. | ibid. |
PROCEEDINGS of unqualified Persons acting as Trustees inthe Execution of the Act, previous to Conviction, to be good andvalid. | [3] |
— no Proceeding, connected with the Execution ofthis Act, to be quashed for Want of Form, or removed by any Writor Process into any of His Majesty’s Courts of Record. | [39] |
— an Entry of, to be signed by the Chairman at thenext Meeting. See Names. | [32] |
PRODUCE of Annuity not to exceed more than One-fifth ofthe Income which a Sum equal to the Purchase Money would produce,&c. according to the Rate prescribed by Two Acts passed inthe Reign of His late Majesty, intituled “An Act to enable,&c.” and “An Act for amending, &c.” | [31], [32] |
PROMISSORY NOTE, &c. Form of, for Money raisedon the Credit of Rates. | [30] |
— or Form of Security, to be transferrable byIndorsement, &c. | [31] |
PROVISION, that no Person shall be subject to anyPenalty for Rubbish before Houses when repairing. | [34] |
PUBLIC, this Act to be judicially noticed as such. See Act. | |
Q. |
QUARTER SESSIONS. Appeal to, against Decision ofTrustees or Justice. See Appeal. Aggrieved. Justices. | [39] |
— General, Determination of Justices at, to be finaland conclusive. | ibid. |
— — Justices at, may amend any Rate,Assessment, or Matter of Form, in any Conviction or Proceedingunder this Act. | ibid. |
R. |
RAILS. See Posts. | |
RATE, First, by virtue of the Act, to be for Two Quarters,ending at Christmas, after passing the Act. | [28] |
RATES, all, to be just and equal. | ibid. |
— may be amended by the Trustees at any Meetingpursuant to the Act. | ibid. |
— every Rate subsequent to the first, shall be forOne whole Year, commencing, &c. | ibid. |
— to become due immediately upon the making thereof;but may be collected in one or several Payments, &c. See Trustees. | ibid. |
— and Monies due in pursuance of the Act, to bevested in the Trustees. See Trustees. | ibid. |
— to be paid to such Person or Persons as theTrustees shall from Time to Time appoint to receive thesame. See Trustees. Money. Loan. Annuity. | ibid. |
— to be applied, &c. by the Trustees indefraying the Expenses of, and incident to, the Execution of thisAct, and otherwise as in, or by, this Act is directed. See Trustees. | ibid. |
— to be levied, upon refusing or neglecting topay them. | [28] |
— upon Refusal or Neglect to pay any Part, &c.of Rates, &c. any Justice for the County is empowered (afterdue Notice, &c. issued,) to grant a Warrant. SeeWarrant. | ibid. |
— Arrears &c. to be levied with incidentalCosts, &c. by Distress of the Goods, &c. of Personsneglecting or refusing to pay. | ibid. |
— &c. if not paid within Five Days afterDistress shall be taken,—Goods and Chattels sufficient topay the said Rates, &c. to be appraised and sold. | ibid. |
— Overplus, if any, to be returned to the Owner. | ibid. |
— &c. In Default of a Distress, &c.the Person or Persons to be committed to the Common Gaol, &c.there to remain without Bail for any Time not exceeding SixCalendar Months, unless, &c. | ibid. |
— for Houses let out furnished, or in Lodgings,&c. how to be charged. | [26] |
— to be made by the Trustees on Tenants andOccupiers of all Lands, Houses, Shops, Coach Houses, Stables,Erections, Buildings, and Tenements within the Jurisdiction ofthe Act. | [25] |
— to be just and equal Pound Rates, according to theannual Rent or Value of the Premises assessed. | ibid. |
— to appear distinctly in each, what Part shall beraised in respect of Costs and Expenses. | ibid. |
— not to exceed, in any one Year, 2s. in thePound of the annual Rent or Value of the Property rated, exceptafter a Lease of the enclosed Area shall have been obtained. | [26] |
— in respect of Houses in the Square, after a Leaseof the enclosed Area shall have been obtained, not in any oneYear to exceed 2s. 6d. in the Pound of the Rent orannual Value. | ibid. |
— in making, Stables and other Buildings belongingtoHouses in the Square, not to be rated as separate Buildings. | [26] |
— to facilitate the making of, Trustees, or thoseappointed by them, may examine Books of Assessment affectingHouses, &c. within the Jurisdiction of the Act. | ibid. |
— Persons exempted from the Payment of; how theRates of Houses occupied by such Persons are to be charged. See Ambassador. | ibid. |
— Persons rated under this Act not liable, inrespect of the same Premises, to any general Rate for paving,lighting, or watching any Part of Kensington, or any particularStreet, Road, or Place. | [42] |
— Persons aggrieved by, may appeal afterPayment. See Appeal. | [38] |
— Payment of, to be made before it is appealedagainst. | ibid. |
— Assessment, or any Matter of Form in anyConviction or Proceeding, connected with the Execution of theAct, may be amended by the Justices at the Quarter Sessions. | [40] |
RECOGNISANCE, Justice empowered to take Security forAppearance of Offenders by. See Justice. | [36] |
— to be entered into before a Justice of Peace byAppellants against Decision of Trustees. SeeAppeal. | ibid. |
RECOVERY of Costs. See Costs. | |
RENT, Rates. See Landlord. Occupier. Payment of Rates. | |
— of Lease for Pleasure Garden, not in the whole, atany one Time, to exceed £30 per Annum. | [22] |
— of Ground for Pleasure Garden to be paid out ofRates made by virtue of the Act. | ibid. |
— of Room or Building engaged by Trustees fortransacting Business, to be paid out of the Money raised byvirtue of the Act. | [41] |
REPAIRS, Houses or Buildings under Repair to be properlyenclosed, and convenient Space left for Carriages, &c. topass, &c. with Ease and Safety. | [34] |
— to prevent Accidents from, a Light to be kept upfrom Sun-set to Sun-rise. | ibid. |
— when finished, all Rubbish, Building Materials,&c. to be removed within a reasonable Time. | ibid. |
— Houses, &c. under Repair, if not properlyenclosed and sufficient Light kept up from Sun-set to Sun-rise,to prevent Accidents, Notice having first been given by the Clerkof the Trustees to the Party offending,—Penalty notexceeding £10 | [35] |
RIDING, &c. See Horse. | |
ROOM or Building may be hired by Trustees for Transactionof Business relating to the Act. See Trustees. | [41] |
S. |
SATISFACTION being made to the Trustees by an Officer,having before refused to give or deliver up to the Trusteesproper Accounts or Vouchers respecting Monies, &c. and havingbeen committed to Prison,—to be released. | [6] |
SECURITY, Form of, for Money borrowed on the Credit ofRates. | [30] |
— sufficient, to be given to the Justice of Peacefor the Appearance of Offenders convicted under this Act. See Justice. | [36] |
SERVING of Notices, how to be executed. SeeJustices. | [41], [42] |
SEWERS, Commissioners of, for Westminster and Part ofMiddlesex, their Rights and Authorities not to be prejudiced bythis Act. | [43] |
SPECIAL MEETINGS. See Meetings. | |
SPECIAL PLEADING of this Act, not necessary to its beingjudicially noticed as a Public Act. | [44] |
STABLES, Coach Houses, &c. not to be rated as separateBuildings. See Rates. | [26] |
STALL, Stall Board, Basket, Goods, Wares, Merchandize,Penalty not exceeding £5 for placing them within theJurisdiction of the Act. | [33] |
SUIT. See Action. | |
SUMMONED, the Person or Persons to give Evidence beforeany Justice of Peace respecting an Offence punishable under theAct failing to attend, &c. and Qualification respectingExcuse.—Penalty not exceeding £10. | [35] |
SUMMONS. See Notice. | |
SURETIES, Two necessary for an Appellant against Decisionof Trustees or Justice; they must be conditioned to try suchAppeal at, abide the Order of, pay the Costs awarded, and pay thePenalty of a Conviction, if affirmed. SeeAppeal. | [39] |
SWINE, Penalty not exceeding £5 for keeping orbreeding within the Jurisdiction of the Act. | [34] |
T. |
TENDER of sufficient Amends to Parties aggrieved, toprevent the Commencement of an Action. SeeAction. | [42] |
TRANSACTION of Business, Room or Building may be hiredfor. See Trustees. | [41] |
TREASURER to be appointed, and how. | [5] |
— &c. not to be Clerk. SeeTrustees. | [7] |
— his Death or Removal, no Ground for theDiscontinuance of an Action. | [40] |
— to be deemed Plaintiff or Defendant in an Action,but not personally answerable for Damages. SeeDamages. | ibid |
— competent Witness in an Action, though nominalPlaintiff or Defendant. | ibid. |
— to accept no Place of Profit or Trust under theTrustees, under Penalty of One hundred Pounds. SeePenalty. | [8] |
TRUSTEES, how to be described in Actions. | [24] |
— Qualification of. | [2] |
— may appoint or remove Officers, and regulatetheir Salaries. | [5] |
— present at Meetings, empowered to act forthemselves, and for those who are absent. | ibid. |
— to cause to be entered in a Book, kept for thePurpose, the Names and Proceedings at Meetings. | [32] |
— may not appoint their Clerk or his Partner, oranyone employed by him, to be their Treasurer; nor theirTreasurer, his Partner, or any one employed by him, to be theirClerk. | [7] |
— to cause their Clerk to keep a Book of Accounts ofthe Money received and expended on account of the Act; which Bookor Books shall be open to the gratuitous Inspection of Trusteesand Persons rated under the Act. | [8] |
— their Jurisdiction defined. | [9] |
— may compel Parties breaking up the Footways,&c. to pay the Expense of their Reparation. SeeFootways. | [10] |
— to cause Lamp Posts, &c. to be set up. See Lamps. | [11] |
— to repair Damage done by fixing of Lamps. See Lamps. | ibid. |
— to cause Nuisance from Gas to be removed. See Pipes. | [14] |
— Gas Light Company, &c. to bear the Costs ofsearching and digging, when Water is contaminated by an Escape ofGas. See Notice, Costs, Expenses, Examination,Damage, Penalty, and Justice. | [16] |
— to appoint Watchmen, and to determine respectingtheir Wages and Hours of watching. | [19] |
— to provide Arms, Clothing, Watch Boxes. | ibid. |
— to provide a Watch House. | ibid. |
— to appoint when the Gates of the Square are to beclosed, and when to be opened. | [21] |
— to contract with Persons to cleanse theCarriageways, and to take away Dust, Cinders, &c. | ibid. |
W. |
WATCH BOXES to be provided and set up where the Trusteesshall appoint. | [18] |
— Arms, Clothing for Watchmen, &c. vested in theTrustees. | [23] |
WATCH HOUSE, for the Custody of Persons apprehended by theWatchman while on Duty. | [18] |
WATCHMEN to be appointed to patrol, &c. Placeswithin the Jurisdiction of the Act. | ibid. |
— to have the Charge of the Keys of the Gates at theEntrance of the Square. See Gates. | [21] |
WATER, if contaminated by any Escape of Gas, the Costs ofsearching and digging, &c. to be borne by the Trustees, GasLight Company, &c. | [15] |
WATER WORKS COMPANY, lawful for them to dig to and about,&c. all the Pipes, &c. to remove the Contamination of theWater by Gas. See Pipes. | [14] |
— of Chelsea, West Middlesex, and Grand Junction,their respective Rights and Powers, &c. not to be prejudicedby this Act. | [43] |
WHEELBARROW, &c. See Coach. | |
WITNESS.—Trustee or Occupier of House withinJurisdiction of this Act may be a competent Witness in any Actionrelating to the Execution of it, &c. SeeTrustees. Inhabitant. | [40] |
— Clerk or Treasurer may be a competent one, thoughnominally Plaintiff or Defendant. See Clerk,Treasurer. | [41] |