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.
Lamps to be set up.
X. And be it further enacted, That it shall be lawful for the said Commissioners, and they are hereby empowered, from Time to Time, to cause such Lamp Irons or Lamp Posts to be put or affixed upon or against the Walls or Pallisades of any of the Houses, Tenements, or Buildings, or in such other Manner, within the said Streets and other publick Passages and Places, as they shall think proper; and also to cause such Number of Lamps, of such Sizes and Sorts, to be provided and affixed, or put upon such Lamp Irons and Lamp Posts, as they shall think necessary for lighting all or any of the said Streets, and other publick Passages and Places, and the said Lamps, and also the several Houses within the said respective Streets, and other publick Passages and Places, to be numbered; and if any Person shall wilfully break, throw down, take away, spoil, or damage any such Lamps, or any of the Irons, Posts, or other Furniture thereof, or wilfully extinguish the Light of any such Lamp, or deface or obliterate any such Number, every Person so offending shall, for every such Offence, forfeit and pay any Sum not exceeding Twenty Shillings, whereof One Moiety shall go to the Informer, and such Offender shall also pay to the said Commissioners, or to such Person as they shall appoint to receive the same, such Sum of Money as shall be a full Satisfaction for the Damage so done; and in case any Person shall carelessly, negligently, or accidentally break, throw down, or otherwise spoil or damage any of the said Lamps, or the Irons, Posts, or other Furniture thereof, and shall not, upon Demand, make Satisfaction for the Damage done thereto, it shall be lawful for any Justice of the Peace for the County of Middlesex, upon Proof thereof made by the Oath of any credible Witness, or on the Confession of the Party, to award such Sum of Money, by way of Satisfaction for such Damage, as such Justice shall think reasonable, and in Default of Payment thereof, upon Demand, to cause the same to be levied by Distress and Sale of the Goods and Chattels of the Person who shall have done such Damage, rendering the Overplus (if any) after deducting the Charges of prosecuting such Complaint, and of such Distress and Sale, to the Owner of such Goods and Chattels, upon Demand.
Commissioners may contract for performing the Works.
XI. And be it further enacted, That the said Commissioners may from Time to Time, if they think proper, contract and agree with any Person or Persons for the doing and performing all or any of the Works by this Act authorized or directed to be done and performed; and in case any of the Works to be done and performed by any such Contractor shall not be well and sufficiently done and performed according to such Contract, the said Commissioners may cause an Action to be brought, in any of His Majesty’s Courts of Law at Westminster, in the Name of their Clerk, against any such Contractor for any Penalty contained in his Contract; and on Proof of the signing of the said Contract, and Nonperformance thereof, the said Commissioners shall be entitled to, and shall recover the Penalty contained in such Contract: Provided always, that it shall be lawful for the said Commissioners (if they think fit) to compound and agree with any Contractor for any Penalty incurred by him, for the Breach or Nonperformance of any such Contract, for such Sum of Money as the said Commissioners shall think proper, not being less than the Injury or Damage sustained by the Breach or Nonperformance of such Contract, and of all Costs, Charges, and Expences which shall be occasioned thereby.
Incroachments to be removed.
XII. And be it further enacted, That the respective Occupiers of Houses and other Buildings within the several Streets, and other publick Passages and Places aforesaid, shall, at their own Costs and Charges, within such Time and in such Manner as the said Commissioners shall from Time to Time (by Notice in Writing under their Hands, to be delivered to such respective Occupiers, or left at their respective Dwelling Houses) order and direct, cause all Signs belonging to, and which shall not be fixed or placed flat upon such respective Houses or other Buildings, to be taken down, and fixed or placed flat on the Fronts thereof; and all Sign Irons, Sign Posts, and other Posts, Penthouses, Spouts, Steps, Shop Windows and Cellar Windows, and other Incroachments, Obstructions, Projections, and Annoyances, which now or hereafter shall belong to such respective Houses or other Buildings, and which are or shall be incommodious to Foot Passengers, to be removed, altered, or reformed, and also to cause the Water to be conveyed from the Roofs, Cornices, and Penthouses of or belonging to such respective Houses or other Buildings, by proper and sufficient Pipes or Trunks, to be affixed to the Sides of such Houses and other Buildings respectively, and from thence by proper Drains into the common Drains or Sewers; and in case any such Occupier shall neglect or refuse so to do, it shall be lawful for the Commissioners to cause the same to be done, and to cause all the Costs and Charges attending the same to be levied by Distress and Sale of the Goods and Chattels of such Occupier, by Warrant under the Hand and Seal of any Justice of the Peace for the County of Middlesex (which Warrant such Justice is hereby required and authorized to grant), rendering the Overplus (if any) when demanded to the Person whose Goods and Chattels shall be so distrained and sold; and it the Tenant in Possession of any such House or other Building shall remove, alter, or reform any such Incroachments, Obstructions, Projections, or Annoyances as aforesaid, according to the Directions of the said Commissioners (except such as shall be put up or occasioned by such Tenant), it shall be lawful for every such Tenant to deduct and retain the Charges and Expences thereof out of his or her Rent, and the Landlord of every such House or other Building is hereby required to allow the same accordingly: Provided always, that nothing herein contained shall extend to authorize the said Commissioners to stop up any Cellar Window, where there shall be no other Way from the Street or other publick Passage or Place into such Cellar, unless the said Commissioners shall make or provide some other commodious and sufficient Way into such Cellar.