XXV. And be it further enacted, That if at any Time or Times during the Continuance of any Lease or Leases of the inclosed Area of the said Square, any Person or Persons shall, without the Consent in Writing of the said Trustees, make or cause to be made, or shall sell or cause to be sold, or shall offer for Sale any Key or Keys for unlocking or opening the Gates of the inclosed Area of the said Square, or any of them, or if any Person or Persons shall knowingly purchase or use any Key or Keys so unlawfully made or sold, every such Person shall for every such Offence forfeit and pay a Sum not exceeding Ten Pounds, and it shall be lawful for the said Trustees or any of them, or any Person or Persons in their Service or Employ, or acting under their Authority, to seize and to detain and keep or to destroy every such Key.
XXVI. And be it further enacted, That to enable the said Trustees to carry this Act into Execution it shall be lawful for them from Time to Time to make such Rates as they shall deem needful upon the Tenants and Occupiers of all Lands, Houses, Shops, Coach-houses, Stables, Erections, Buildings, and other Tenements whatsoever within the Jurisdiction of this Act, in such Sums of Money as the said Trustees shall think proper, so that such Rates shall be just and equal Pound Rates, according to the annual Rent or Value of the Premises thereby assessed, and so that the Costs and Expences of and incident to the enclosed Area of the said Square shall be wholly borne by the Tenants and Occupiers of Houses in the said Square, and so that in every such Rate it shall distinctly appear what Part thereof shall be raised in respect of the said last-mentioned Costs and Expences, and so that the said Rates shall not in any One Year exceed the Sum of Two Shillings in the Pound of the annual Rent or Value of the Property rated, except as to Houses in the said Square, after such Lease of the enclosed Area of the said Square shall be obtained as aforesaid, and during the Continuance of every such Lease, and so that in the last-mentioned Cases the Rates in respect of the Houses in the said Square shall not in any One Year exceed the Sum of Two Shillings and Sixpence in the Pound of the Rent or annual Value thereof; and in making the said Rates, all Stables, Coach-houses, and other Buildings which shall belong to or be held and occupied with any of the Houses in the said Square, and within the Jurisdiction of this Act, shall be respectively rated with such Houses, and not as separate Buildings; and to facilitate the making of the said Rates, it shall be lawful for the said Trustees, or any Person or Persons appointed by them, at all seasonable Times to examine the Books of Assessment to any Public, Parliamentary. Parochial, or Local Tax charged upon or affecting the Houses, Buildings, or Tenements within the Jurisdiction of this Act, or any of them.
XXVII. And be it further enacted, That in every Rate to be made as aforesaid, the Landlord or Proprietor of every House or Tenement within the Jurisdiction of this Act, which shall be occupied by any Ambassador, Foreign Minister, or other Person not compellable by Law to pay such Rate, shall be deemed to be and shall be rated as the Occupier thereof respectively.
XXVIII. And be it further enacted, That whenever any House within the Jurisdiction of this Act shall be let out ready furnished, or shall be let out, furnished or unfurnished, in separate Tenements, or wholly or in part to a Lodger or Lodgers, the Landlord or Owner, being the Person or Persons claiming or receiving the Rent payable by the Occupier or Occupiers of every such furnished House, Tenement, or furnished Lodging respectively, shall be deemed to be and shall be rated as the Occupier thereof: Provided always, that the Goods and Chattels of every Occupier of any such ready-furnished House or separate Tenement or Lodging, shall (without Prejudice to the Liability of the Person or Persons so rated) be liable to be distrained for raising such Rates, and all Arrears thereof, so that in no Case any greater Sum shall be levied by Distress of the Goods and Chattels of any such Occupier than shall at the Time of making such Distress be actually due from such Occupier for the Rent of the Premises in which such Distress shall be made: Provided also, that every such Occupier who shall pay any such Rate or Rates, or upon whose Goods and Chattels the same shall be levied, shall and may deduct the Amount of the Sum or Sums which shall be so paid or levied out of any Rent payable by such Occupier to the Person or Persons rated; and such Payment shall be a sufficient Discharge to every such Occupier for so much of such Rent accordingly.
XXIX. And be it further enacted, That every Rate which shall be made for the Purposes of this Act may from Time to Time be altered and amended by the said Trustees at any Meeting pursuant to this Act, either by inserting the Name or Names of any Person or Persons who ought to have been rated or who shall have come into the Possession of any rated or rateable House, Building, or Tenement during the Time for which any Rate may be payable, or by striking out the Name or Names of any Person or Persons who ought not to have been rated, or by raising or lowering the Sum or Sums charged upon any Person or Persons, or by apportioning between any outgoing and incoming Tenant any Sum or Sums which shall be charged upon either in such Rate or otherwise as the said Trustees shall think necessary for making such Rate a just and equal Rate; and the Monies charged to any Person or Persons in consequence of any such Alteration or Amendment may be recovered and levied in the same Manner as if such Alteration or Amendment had been an original Insertion.
XXX. And be it further enacted, That the first Rate which shall be made by virtue of this Act shall be for Two Quarters ending at Christmas Day next after the passing of this Act, and that every subsequent Rate shall be for One whole Year, commencing from the Expiration of the Term for which the preceding Rate shall have been made; and that all the said Rates shall become due and be payable immediately upon the making thereof, but may be collected in one or several Payments, or yearly, half-yearly, or quarterly, as the said Trustees shall from Time to Time direct; and that such Rates and all other Monies which shall become due or be payable to the said Trustees in pursuance of the Provisions in this Act contained shall be and are hereby vested in the said Trustees, and shall be paid to such Person or Persons as the said Trustees shall from Time to Time appoint to collect and receive the same, and shall be applied and disposed of by the said Trustees in defraying the Expences of and incident to the Execution of this Act, and otherwise as in or by this Act is directed or authorized.
XXXI. And be it further enacted, That if any Person or Persons liable to pay any Rate or Rates which shall be made in pursuance of this Act, or any Part or Parts of any such Rate or Rates, shall refuse or neglect to pay the same, it shall be lawful for any Justice of the Peace for the County of Middlesex, and every such Justice is hereby authorized and empowered (such Defaulter having been first duly summoned to appear before such Justice or Justices to shew Cause for such Refusal or Neglect, and not having appeared upon such Summons, or having appeared and not shewn good and sufficient Cause to such Justice that he, she, or they, is or are not chargeable with such Rate or Rates) to grant a Warrant under his Hand and Seal, authorizing the Person appointed to collect the same Rates as aforesaid, or any other Person or Persons, to levy such Rate or Rates, and all Arrears thereof, together with all incidental Coats and Expences, by Distress of the Goods and Chattels of the Person or Persons so neglecting or refusing; and if the said Rate or Rates, and all Arrears thereof, together with all such Costs as aforesaid, and also all Costs of and incident to the taking and detaining the Distress, shall not be paid within Five Days next after the Distress shall be taken, the Person appointed to collect the said Rates, or other Person authorized by the said Warrant, shall cause the Goods and Chattels distrained to be appraised and sold, or such Part thereof as shall be sufficient to pay the said Rate or Rates, and all Arrears thereof, and all such Costs and Expences as aforesaid, and the Costs and Expences of keeping, appraising, and selling the Distress, and after full Payment of the same, shall return the Overplus (if any) to the Owner or Owners of such Goods and Chattels respectively, on Demand made thereof by such Owner or Owners; and in default of such Distress it shall be lawful for any such Justice to commit the Person or Persons so neglecting or refusing to pay such Rate or Rates, and all Arrears thereof, and all attendant and incidental Costs and Expences as aforesaid, to the Common Gaol or House of Correction, there to remain without Bail or Mainprize for any Time not exceeding Six Calendar Months, unless Payment shall be sooner made of such Rate or Rates, and all Arrears thereof as aforesaid, together with all Costs and Expences attendant upon and incident to the Recovery thereof (such Costs and Expences to be ascertained and determined by such Justice); and subject and without Prejudice to the Powers and Remedies herein before provided for the Recovery of the said Rates, the said Trustees may sue for and recover the same, with full Costs of Suit, in any Court of Request, or by Action of Debt in any of His Majesty’s Courts of Record; and in every such Action it shall be sufficient to declare that the Defendant is indebted to the Plaintiff in the Sum sought to be recovered by virtue of a Rate (or of several Rates, as the Case may require) made in pursuance of this Act.
XXXII. And be it further enacted, That it shall be lawful for the said Trustees to borrow at Interest, or to raise by the Sale of One or more Annuity or Annuities for a Life or Lives (subject to the Restrictions herein-after contained), any Sum or Sums of Money which the said Trustees shall from Time to Time require, in or about the Execution of this Act; and the said Trustees shall make and deliver to the Person or Persons from whom any Money shall be so borrowed One or more Promissory Note or Notes in the Form or to the Effect following, to the Amount of the Money so borrowed; namely,
‘The Trustees for regulating and improving Brompton Square and certain adjacent Places, acting in the Execution of an Act of the Fifth Year of King George the Fourth, intituled [here insert the Title of this Act], hereby promise to pay to — —, — — Executors or Administrators, or — — or their Order, by Indorsement hereon, out of the Rates to be made in pursuance of the said Act, the Sum of — Pounds on the — Day of — [here name a Day for the Payment of the Money, not being less than Five Years nor more than Fifteen Years from the Date of the Note], and also Interest for the same from the Date hereof, at the Rate of — per Centum per Annum, by half-yearly Payments, on every — Day of — and — Day — in the meantime. In witness whereof Three of the said Trustees have hereunto subscribed their Names, the — Day of —.’
And the said Trustees shall also make and deliver to the Purchaser or Purchasers of every such Annuity, a Grant thereof in the Form or to the Effect following: