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or other Persons shall from Time to Time appoint to receive the same ; and that the Amount of such Costs and Charges, and of the Monies so to be paid, being directed by the said Commissioners or Trustees or other Persons, shall be ascertained and notified, and certified and recovered, (over and above all and every the Penalties and Forfeitures which may be incurred for any such Neglect by virtue of this Act) in the same Manner in which any Costs and Charges which may be incurred, and any Monies which may become due, for and about and in respect of the relaying or repairing of any Pavements hereafter broken or taken up in any Streets or public Places by or by the Direction or on Account of any Company, Commissioners of Sewers, or other Persons, are to be ascertained and notified and certified,

and may be recovered by virtue of this Act. Pavements XXIII. And be it further enacted, That when taken up by

and as often as any Pavement of any Streets or Companies,

public Places in any parochial or other District laid by Com- within the Jurisdiction of this Act shall be broken missioners of

or taken up by any Water or Gas Light Company, Pavements;

or by any Commissioners of Sewers, or by any Person or Persons acting by or under their respective Orders or Authorities, or by any other Person or Persons by the Directions of this Act, or by and with or without the Consent of the Commissioners or Trustees or other Persons having the Control of the Pavements in any parochial or other District wherein any Street or public Place shall be situate, the Pavements whereof or any part whereof shall be broken or taken up, then all such Part and Parts of the Pavements of any such Street or public Place which from Time to Time and at all Times shall be so broken or taken up as aforesaid, and the Pavement contiguous thereto, as far as may be rendered necessary in the Judgment of a Surveyor of Pavements to such Commissioners or Trustees, or other Persons having the Control of the Pavements in such parochial or other District, and after the

Ground

Ground opened shall be refilled and rammed down pursuant to the Directions of this Act, shall be with all convenient Speed completely and substantially repaved, with all necessary Stones, Ballast, Gravel, and other Materials, and shall be kept in complete Repair, by the Pavior or Mason then contracting with or employed by such Commissioners or Trustees or other Persons, or by such Person or Persons as they may from Time to Time appoint for that Purpose, under the Inspection and Direction and to the Satisfaction of the said Surveyor of Pavements to the said Commissioners or Trustees or other Persons for the Periods following ; (that is to say), all such Part or Parts of the Pavements of any such Street or public Place, which from Time to Time and at all Times shall be so broken or taken up as aforesaid, and the Pavement contiguous thereto as aforesaid, which shall be so broken or taken up for the Purpose of making and laying down any Main or Mains of Pipes, or of substituting Iron for Wooden Pipes, or of inaking any Sewer, Vault, or Drain, for I'welve Calendar Months next ensuing the breaking and taking up of the fame Pavements; and all such Part or Parts of the Pavements of any such Street or public Place, which from Time to Time and at all Times shall be so broken or taken up as aforesaid, and the Pavement contiguous thereto as aforesaid, which shall be so broken or taken up for the Purpose of altering the Position of or of repairing any Pipes, Stop-cocks, or Plugs, or of repairing, cleansing, or altering any Sewer, Vault, or Drain, for Three Calendar Months next ensuing the breaking and taking up the same Pavements; and that the Costs, Charges, and Expences of taking out any Ground, and filling in hard Rubbish or other good Materials, and of repairing and keeping in necessary Repair for the Periods aforesaid all or any such Pavement in Manner aforesaid, and all the Expences of Cart. age, and all other Charges and Expences attending the same, as well as all Costs and Charges which

may may be incurred pursuant to the Directions of this Ač by any Surveyor of Pavements in and about executing and performing any Works or Matters neglected to be executed and performed by any Company or Commissioners of Sewers, as herein. before directed, shall be ascertained and fixed from Time to Time by the Surveyor of Pavements to such Commissioners or Trustees or other persons within whose parochial or other District such Works or other Matters shall have been performed and executed, or such Pavements shall have been broken up and repaved; and such Costs and Charges from Time to Time, whenever directed by the said Commissioners or Trustees or other Persons, shall be certified by their Clerk or Clerks, Surveyor or Surveyors of Pavements, or one of them, or some other Officer or Servant appointed by them, by a Note to be given to the said Company or Commissioners of Sewers, or other Persons who shall have neglected to perform and execute such Works, or by whom or by whose Orders or Authorities or on whose Account such Pavement shall have been broken or taken up, or to be left for such Company, Commissioners of Sewers, or other Person or Persons, at their Dwelling House or Dwelling Houses, or Place or Places of Abode, or at any Office or Counting House of any such Company or Commiffioners of Sewers, or at the Dwelling House or Place of Abode of any Secretary, Clerk, or Turncock employed by such Company, or of any Clerk or Secretary to any such Commissioners of Sewers; and that the full Amount of the Costs and Charges so certified shall be paid within Two Months after the same Note shall be given or left as aforesaid, by such Company or Commissioners of Sewers, or other Person or Persons to or for whom the same Note shall have been given or left as aforesaid, to the Surveyor of Pavements, or to the Treasurer to such Commissioners or Trustees, or other Persons having the Control of the Pavements as aforesaid, or to the

Mason

and the Charges repaid to them by such Companies.

Mason or Pavior or other Person or Perfons by whom any such Works or Matters shall have been done and performed, or to such other Person or Persons as the said Commissioners or Trustees or other Persons, by the said Note of their Clerk or Clerks, Surveyor or Surveyors, or other Officer or Servant, shall direct and appoint to receive the same, or any Part thereof; and the Receipt or Receipts of the Person or Persons so appointed to receive the same shall be a good and effectual Discharge or Discharges for any and every such Payment, and for all and every the Monies in any such Receipt or Receipts expreffed and acknowledged to have been received ; and also that in case at any Time or Times the full Amount of such Costs and Charges fo certified as aforesaid shall not be so fully paid without any Deduction or Abatement whatsoever, within Two Months after such Note as aforesaid shall have been given or left aforesaid, and although no other Demand shall be made of any such Amount or Costs and Charges, or any Part thereof, then from Time to Time and at all Times afterwards it shall and may be lawful for the said Commissioners or Trustees, or other Persons having the Control of the Pavements as aforesaid, to recover Double the Amount of such Costs and Charges so certified and being unpaid, of and from the Company or Commissioners of Sewers, or other Person or Persons to or for whom such Note shall have been given or left as aforesaid, either by Distress and Sale of the Goods and Chattels of such Company or Commissioners of Sewers or other Person or Persons, by a Warrant under the Hand and Seal of any Justice of the Peace for the City, Borough, or County wherein such parochial or other District shall be fituate, and which Warrant every such Justice is hereby empowered and required to grant, upon Proof of the Service of such Note as aforesaid, and of the Nonpayment of the Cofts and Charges thereby certified, by the Oath or Affirmation of the Person who shall have

left

faid Concomplainanth Proceedings

left any such Note as directed by this Act, and by the Oath or Affirmation of the Person or Persons appointed by such Note to receive such Costs and Charges of the Nonpayment thereof, and every Part thereof, to him or them, and which Oath or Affir. mation any and every such Justice of the Peace is hereby empowered and required to administer, or to recover the same and every Part thereof in any Court or Courts of Requests or County Court, or by any Action or Actions in any Court of Law; and that in any such Proceedings in any Court or Courts of Requests or County Court, or in any such Action or Actions, it shall be only necessary for the said Commissioners or Trustees or other Persons, or the Complainant or Complainants, Plaintiff or Plaintiffs, in any such Proceedings or Actions, to prove the Service of such Note pursuant to the Directions of this Act, to entitle him or them to recover by such Proceedings, or by such Action or Actions, from the said Company or Commissioners of Sewers or other Person or Persons, Double the full Amount of such Costs and Charges fo certified by such Note, unless the said Company or Com. missioners of Sewers or other Person or Persons shall prove, upon the Return of the Summons in such Proceedings in any Court or Courts of Requests or County Court, or on the Trial of such Action or Actions, the actual Payment of the full Amount of the Costs and Charges fo certified, within Two Months after the said Note was left as aforesaid, to the Person or Persons thereby appointed to receive the same; and that in any and every such Action or Actions no Essoign, Protection, or Wager of Law, or Plea in Abatement, or any dilatory Plea, or

more than One Imparlance, shall be allowed. Necessary XXIV. And be it further enacted, That it may Paving Rates be lawful to and for the Persons, who under any may be made, being duly

ace, local Act or Acts of Parliament for any parochial figned, pub- or other District within the Jurisdiction of this Act,

are empowered to make Rates and Assessments for allowed.

the

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