V. And be it further enacted, That the said Trustees shall from Time to Time, by Writing under their Hands, appoint a Treasurer and Clerk, and also a Collector of the Rates to be made as herein-after mentioned, and may also from Time to Time appoint or employ such other Officers and Persons as they shall think necessary in the Execution of this Act; and the said Trustees may from Time to Time remove such Officers and Persons respectively, or any of them, and upon the Death, Resignation, or Removal of such Officers and Persons respectively, or any of them, may appoint others in their Stead, and may out of any Money to be raised or collected by virtue of this Act make such Allowances as they shall think proper unto such Officers and Persons respectively; and all such Officers and Persons respectively shall, at such Times and in such Manner as shall be directed by the said Trustees, deliver to the said Trustees, or to such Person or Persons as they shall nominate, true and perfect Accounts in Writing of all their Receipts and Payments by virtue of this Act, with proper Vouchers for the Payments, and shall pay all such Monies as shall appear to be in their Hands or owing by them respectively unto the said Trustees, or to such Person or Persons as they shall nominate, within such Time as the said Trustees shall appoint; and if any such Officer or Person shall refuse or neglect to deliver to the said Trustees, or to such Person or Persons as they shall nominate, such an Account as aforesaid, or to deliver up the Vouchers relating to the same, or to make Payment as aforesaid, or if any such Officer or Person shall not deliver up to the said Trustees, or to such Person or Persons as they shall nominate, all Books, Papers, and Writings in his Custody or Power relating to the Execution of this Act, within Seven Days after being thereto required by a Notice in Writing signed by Three or more of the said Trustees, and left at his last or usual Place of Abode, then and in every such Case, upon Complaint being made thereof by or on behalf of the said Trustees to any Justice of the Peace, such Justice is hereby required to issue a Summons or Warrant for bringing such Officer or Person 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 to examine and adjust the said Account or Accounts if produced; and if upon the Confession of the Officer or Person against whom the Complaint shall be made, or by the Oath of any credible Witness or Witnesses, or upon Inspection of the said Accounts if produced, it shall appear to such Justice that any Money which shall have been collected or received by virtue of this Act, shall be in the Hands of or be owing from such Officer or Person, such Justice is hereby authorized and empowered forthwith, on Nonpayment thereof, by a Warrant under his Hand and Seal to cause such Money to be levied by Distress and Sale of the Goods and Chattels of such Officer or Person respectively; and if no Goods and Chattels shall be found sufficient to answer and satisfy the said Money, and the Charges of making and selling such Distress, or if it shall appear to such Justice that any Officer or Person shall have refused or neglected to render such Account as aforesaid, or to deliver up the Vouchers relating thereto, or that any Books, Papers, and Writings relating to the Execution of this Act shall be in the Custody or Power of such Officer or Person, then such Justice shall forthwith commit such Officer or Person to the Common Gaol or House of Correction, there to remain without Bail or Mainprize, in case he shall be committed for Nonpayment of any Money, until he shall have accounted for and paid the full Amount thereof, or compounded with the said Trustees in respect thereof, or in case he shall be committed for not delivering any Books, Papers, Writings, or Vouchers as aforesaid, until he shall have delivered up such Books, Papers, Writings, and Vouchers respectively, or made Satisfaction in respect thereof to the said Trustees; but no Person who shall be committed for want of sufficient Distress, shall be detained in Prison by virtue of this Act for any longer Term than Six Calendar Months.
VI. Provided always, and be it further enacted, That it shall not be lawful for the said Trustees to appoint the same Person who may be appointed their Clerk in the Execution of this Act, or the Partner or any Person in the Service or Employ of any such Clerk, to be the Treasurer for the Purposes of this Act, or to appoint the Person who may be appointed Treasurer, or the Partner or any Person in the Service or Employ of any such Treasurer, to be the Clerk to the said Trustees; and if any Person shall accept both the Offices of Clerk and Treasurer for the Purposes of this Act, or if any Person, being the Partner or in the Service or Employ of any such Clerk, shall accept the Office of Treasurer, or being the Partner or in the Service or Employ of any such Treasurer, shall accept the Office of Clerk in the Execution of this Act, or if any such Treasurer shall accept any Place or Office of Profit or Trust under the said Trustees, other than that of Treasurer, every such Person so offending shall for every such Offence forfeit and pay the Sum of One hundred Pounds to any Person or Persons who shall sue for the same, to be recovered, with full Costs of Suit, in any of His Majesty’s Courts of Record at Westminster, by Action of Debt or on the Case, or by Bill, Suit, or Information, wherein no Essoign, Protection, or Wager of Law, and not more than One Imparlance, shall be allowed.
VII. And be it further enacted, That the said Trustees shall and they are hereby required to order and direct a Book or Books to be provided and kept by their Clerk for the Time being, in which Book or Books such Clerk shall enter or cause to be entered true and regular Accounts of all Sums of Money received, paid, laid out, and expended for or on account of this Act, and of the several Articles, Matters, and Things for which such Sums of Money shall have been disbursed, laid out, and paid, which Book or Books shall at all seasonable Times be open to the Inspection of the said Trustees or any Person or Persons rated or assessed for the Purposes of this Act, without Fee or Reward; and the said Trustees, or Persons assessed as aforesaid, or any of them, may take Copies of or Extracts from the said Book or Books, or any Part or Parts thereof, without paying any thing for the same, and in case the said Clerk shall refuse to permit or shall not permit the said Trustees or either of them, or any Person rated or assessed as aforesaid, to inspect such Book or Books, or to take such Copies of or Extracts from the same as aforesaid, when required, such Clerk shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds.
VIII. And be it further enacted, That all the Footways and Carriageways now formed and which hereafter shall be formed in the said Square, and all other Footways and Carriageways which now are or hereafter may be laid out and formed in or upon the said Piece of Land belonging to the said William Farlar, and also the Footway next the Turnpike Road, such Footway extending from the Entrance of the Mews behind Brompton Row, and behind the East Side of the said Square, Westward along the South End of the said Square and in front of Brunswick Place, to the Entrance of Cottage Place, and the Mews behind the West Side of the said Square, and also all the Houses and Buildings now erected and which hereafter shall be erected upon the said Piece of Land belonging to the said William Farlar, shall be deemed to be within the Jurisdiction of this Act; and that it shall be lawful for the said Trustees to cause all the said Footways and Carriageways to be properly formed, paved, or gravelled, amended and kept in repair, upon such Levels and in such Manner and with such Materials as they shall judge necessary, and to cause the said Carriageways to be cleansed and watered, and Drains, Sinks, and Watercourses to be made for conveying the Water off and from the said Footways and Carriageways, and Posts and Rails or Chains to be set up for the Protection and Preservation of the Foot Pavements or any Part thereof, and to cause to be done or made all such Works, Alterations, and Improvements in and about the said Footways and Carriageways as the said Trustees shall from Time to Time deem necessary and proper for the making, maintaining, and supporting the same; and if any Person or Persons shall dig, break, or take up the said Footways or Carriageways, or any Part thereof, without the Consent of the said Trustees, or of some Person empowered by them to give such Consent, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds.
IX. And be it further enacted, That if and as often as any of the Footways or Carriageways within the Jurisdiction of this Act, or any Part or Parts thereof, shall be dug up, opened, or disturbed for the Purpose of laying down, altering, repairing, renewing, or removing any Pipe or Pipes, or for any other Purpose whatsoever, then and in every such Case all and every the Works, Business, and Matters for or in respect whereof such Footways or Carriageways respectively, or any Part or Parts thereof, shall be so dug up, opened, or disturbed, shall be executed and completed with all possible Expedition, and in every such Case (whether such Footways or Carriageways shall be so dug up, opened, or disturbed with or without the Consent of the said Trustees) the Company or Companies, Person or Persons respectively, who from Time to Time shall cause or direct the said Footways or Carriageways, or any Part or Parts thereof respectively, to be so dug up, opened, or disturbed, shall at their own Costs and Charges cause the same to be forthwith well and substantially filled up, rammed down, repaired, and gravelled, and put into as good, sound, and perfect a State and Condition in all respects as the said Footways and Carriageways respectively were in immediately before the same being so dug up, opened, or disturbed; and in case any such Company or Companies, Person or Persons, shall neglect or refuse so to do for the Space of Twenty-four Hours next after the Completion of the Works, Business, or Matters in respect whereof the same shall be so dug up, opened, or disturbed, it shall be lawful for the said Trustees to cause such Footways and Carriageways respectively to be forthwith well and substantially filled up, rammed down, repaved, gravelled, and put into such good, sound, and perfect Condition as aforesaid; and all the Costs, Charges, and Expences thereof shall be repaid to the said Trustees by the Company or Companies, Person or Persons respectively, who shall have caused or directed the same Footways or Carriageways respectively to be so dug up, opened, or disturbed; and unless all such Costs, Charges, and Expences shall be so repaid to the said Trustees (on Demand made thereof by the Clerk or Collector for the Time being appointed or employed by the said Trustees), then all such Costs, Charges, and Expences may be recovered from the Company or Companies, Person or Persons, hereby made liable to repay the same as aforesaid, in the same Manner as any Penalty or Forfeiture incurred under the Provisions contained in this Act may be levied or recovered before any Justice of the Peace.
X. And be it further enacted, That it shall be lawful for the said Trustees from Time to Time to cause such Lamp Posts, Lamp Irons, and Lamps to be set up in or about the Footways and Carriageways within the Jurisdiction of this Act, or upon or against the Walls or Palisadoes of or belonging to any adjoining or contiguous House or Building, as they shall deem necessary for lighting the said Footways and Carriageways, and to cause such Lamps to be lighted with Oil or Gas during such Hours and Seasons as they shall from Time to Time deem necessary or proper; and if any Person or Persons shall extinguish the Light in any such Lamp whilst the same ought to be kept burning, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Five Pounds: Provided always, that if any Damage shall be occasioned to any Building or Wall, or to any Rails or Palisadoes, by the affixing, setting up, taking down, altering, or repairing any such Lamp or Lamp Iron, or the Fastenings thereof, the said Trustees shall immediately cause such Injury or Damage to be well and sufficiently repaired, and the Expence thereof shall be paid out of any Money which shall be raised under the Authority of this Act: Provided also, that nothing herein contained shall authorize the said Trustees to cause any Pipe or Pipes for the Conveyance of Gas to be affixed or continued upon or against any House or Building, except it be with the Consent of the Occupier of such House or Building.
XI. And be it further enacted, That all Pipes and other Conduits to be laid or used for the Conveyance of Gas in, under, through, along, across, or round the said Square called Brompton Square, or any other Place within the Jurisdiction of this Act, shall be laid at the greatest practicable Distance from any Water Pipe now or for the Time being laid down for the Conveyance of Water under, through, along, across, or round the said Square, or any such other Place as aforesaid, except in Cases where it shall be unavoidably necessary to lay the Gas Pipes across any of the Water Pipes, in which Case the Gas Pipes shall be laid over and above the Water Pipes at the greatest practicable Distance therefrom, and shall form therewith a Right Angle, and in that Case the Gas Pipes so crossing the Water Pipes shall be at the least Six Feet in Length, so that no Joint of any such Gas Pipe shall be nearer to any Part of any such Water Pipes than Three Feet at the least; and in laying down the Gas Pipes, the said Trustees, or the Company, Contractor, or other Person or Persons supplying Gas or laying down Pipes for the Conveyance thereof, shall in no Case join Two or more Pipes together previously to their being laid in the Trench, but shall lay each Pipe as nearly as may be in its Place in the Trench, and shall in such Trench properly form the Jointing with the other Pipes to be added thereto with proper and sufficient Material, and shall also make and keep all and every such Trench and all Pipes connected or communicating therewith and all the Screws Joints, Inlets, and Apertures therein respectively, air-tight, and in every respect prevent the Gas from escaping therefrom, upon pain of forfeiting for every Offence the Sum of Five Pounds.
XII. And be it further enacted, That in case any Pipe, Cock, or Branch shall in pursuance of the Powers herein contained be carried or laid from any Main or Pipe belonging to the said Trustees, or to any Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square or any other Place within the Limits or Jurisdiction of this Act, into, through, or against any private Dwelling House, Building, Yard, or Ground, for any Purpose whatsoever, and the Owner or Occupier of any such private Dwelling House, Building, Yard, or Ground shall be desirous that the same Pipe, Cock or Branch, shall be altered or removed and taken away, and of such Desire shall give Notice in Writing to the said Trustees, or to such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, then and in every such Case the said Trustees, or such Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall within Seven Days next after the Service of such Notice at the usual Office or Place of transacting Business of the said Trustees, Gas Light Company, or other such Person or Persons as aforesaid respectively, alter or remove and take away, or cause to be altered or removed and taken away, all or any such Pipes, Cocks, and Branches respectively, and in default thereof it shall be lawful for such Owner or Occupier, or any Person or Persons acting under the Authority of such Owner or Occupier, to cause such Pipes and Branches respectively to be altered or removed and taken away, as the Case may require; and all the Costs and Expences of and incident to every such Alteration or Removal shall be paid by the said Trustees, or by such Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, and may be recovered in the same Manner as any Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be levied or recovered, before a Justice of the Peace.
XIII. And be it further enacted, That whenever the Water which shall be supplied by any Water Works Company, or Company established for the Supply of Water, shall be contaminated or affected in any way whatsoever by the Gas of the said Trustees, or of any Gas Light Company, or other Person or Persons contracting to light or lighting with Gas the said Square called Brompton Square, or any other Place or Places within the Jurisdiction of this Act, then and in every such Case the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, shall, within Twenty-four Hours next after Notice thereof in Writing, signed by any One of the Directors, or by the Secretary or Chief Clerk for the Time being of any such Water Works Company, and left at the usual Office or Place of transacting Business of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, cause Measures to be taken effectually to stop and prevent such Gas from contaminating or affecting the Water of any such Water Works Company; and in case the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, shall not, within Twenty-four Hours next after each and every such Notice so left as aforesaid, effectually remove the Cause of every such Complaint, and prevent all and every such Contamination whereof Notice shall be given as aforesaid, then and in every such Case the said Trustees, or such Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, shall on each and every Complaint whereof Notice shall be given as aforesaid forfeit and pay to the Secretary or Chief Clerk of such Water Works Company, for the Use and Benefit of such Company, the Sum of Ten Pounds for each and every Day during which the Water supplied by any such Water Works Company shall be and remain contaminated or affected by the Gas of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid; and every such Penalty or Forfeiture shall and may be levied and recovered for the Use of such Water Works Company, in the same Manner as any other Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be levied and recovered before a Justice of the Peace, with Costs, to be assessed by such Justice.
XIV. And whereas it may be or become a Question upon such Complaint as aforesaid whether the said Water be contaminated or affected by the Gas of the Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas the said Square, or such other Place or Places as aforesaid; be it therefore enacted, That in every such Case it shall be lawful for any such Water Works Company at aforesaid to dig to and about, and to search and examine all or any of the Mains, Pipes, Conduits, and Apparatus of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, for the Purpose of ascertaining whether such Contamination proceed or be occasioned by the Gas of the said Trustees, or of each Gas Light Company, or other Person or Persons; and if it shall appear that the said Water has been contaminated or affected by any Escape of Gas, then and in every such Case the Costs and Expences of the said Digging, Search, and Examination, and of the Repair of the Pavement of the Street or Place which shall be taken up or disturbed, shall be borne and paid by the said Trustees, Gas Light Company, or other Person or Persons by whose Gas the said Water shall be so contaminated as aforesaid, which Costs and Expences shall be ascertained and determined (if necessary) by any Justice of the Peace, and may be levied and recovered in the same Manner as any Penalty or Forfeiture which shall be incurred under the Provisions contained in this Act may be recovered before a Justice of the Peace: Provided always, that if upon such Examination it shall appear that such Contamination has not arisen from any such Escape of Gas from any of the Mains, Pipes, or Conduits of the said Trustees, Gas Light Company, or other Person or Persons contracting to light or lighting with Gas as aforesaid, then and in every such Case the Water Works Company by whom or on whose Behalf such Examination and Search shall be made shall bear and pay all the Costs, Charges, and Expences of and incident to such Examination and Search, and shall also make good to the said Trustees, Gas Light Company, or other Person or Persons so contracting to light or lighting with Gas as aforesaid, any Loss, Injury, or Damage which may be occasioned to the Mains, Pipes, Conduits, or Apparatus of the said Trustees, Gas Light Company or other Person or Persons as aforesaid, in and by such Search and Examination, and also any Injury or Damage which may be done in or about any of the Footways or Carriageways which shall be broken up or disturbed in such Search or Examination; the Amount of such Injury, Loss, or Damage to be ascertained and determined, if necessary, by any such Justice of the Peace as aforesaid.