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Pavements

taken up by
Companies,
&c. to be re-
laid by Com-
miffiouers of
Pavements;

or other Perfons fhall from Time to Time appoint to receive the fame; and that the Amount of fuch Cofts and Charges, and of the Monies fo to be paid, being directed by the said Commiffioners or Trustees or other Perfons, fhall be ascertained and notified, and certified and recovered, (over and above all and every the Penalties and Forfeitures which may be incurred for any fuch Neglect by virtue of this A&) in the fame Manner in which any Cofts and Charges which may be incurred, and any Monies which may become due, for and about and in refpect 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, Commiffioners of Sewers, or other Perfons, are to be ascertained and notified and certified, and may be recovered by virtue of this Act.

XXIII. And be it further enacted, That when and as often as any Pavement of any Streets or public Places in any parochial or other District within the Jurifdiction of this A&t fhall be broken or taken up by any Water or Gas Light Company, or by any Commiffioners of Sewers, or by any Perfon or Perfons 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 Confent of the Commiffioners 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 fituate, the Pavements whereof or any Part whereof shall be broken or taken up, then all fuch Part and Parts of the Pavements of any fuch Street or public Place which from Time to Time and at all Times shall be fo broken or taken up as aforefaid, and the Pavement contiguous thereto, as far as may be rendered neceffary in the Judgment of a Surveyor of Pavements to fuch Commiffioners or Trustees, or other Perfons having the Control of the Pavements in fuch parochial or other District, and after the

Ground

Ground opened fhall be refilled and rammed down pursuant to the Directions of this Act, fhall be with all convenient Speed completely and fubftantially repaved, with all neceffary Stones, Ballaft, Gravel, and other Materials, and fhall be kept in complete Repair, by the Pavior or Mafon then contracting with or employed by fuch Commiffioners or Trustees or other Perfons, or by fuch Perfon or Persons as they may from Time to Time appoint for that Purpofe, under the Inspection and Direction and to the Satisfaction of the faid Surveyor of Pavements to the faid Commiffioners or Trustees or other Perfons for the Periods following; (that is to fay), all fuch Part or Parts of the Pavements of any fuch Street or public Place, which from Time to Time and at all Times fhall be so broken or taken up as aforefaid, and the Pavement contiguous thereto as aforesaid, which shall be fo broken or taken up for the Purpose of making and laying down any Main or Mains of Pipes, or of fubftituting Iron for Wooden Pipes, or of making any Sewer, Vault, or Drain, for Twelve Calendar Months next enfuing the breaking and taking up of the fame Pavements; and all fuch Part or Parts of the Pavements of any fuch Street or public Place, which from Time to Time and at all Times shall be fo broken or taken up as aforefaid, and the Pavement contiguous thereto as aforesaid, which shall be so broken or taken up for the Purpose of altering the Pofition of or of repairing any Pipes, Stop-cocks, or Plugs, or of repairing, cleanfing, or altering any Sewer, Vault, or Drain, for Three Calendar Months next enfuing the breaking and taking up the fame 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 neceffary Repair for the Periods aforefaid all or any fuch Pavement in Manner aforefaid, and all the Expences of Cartage, and all other Charges and Expences attending the fame, as well as all Costs and Charges which

may

and the Charges repaid to them by fuch Companies.

may be incurred pursuant to the Directions of this A&t 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 Commiffioners of Sewers, as hereinbefore directed, fhall be afcertained and fixed from Time to Time by the Surveyor of Pavements to fuch Commiffioners or Trustees or other Persons within whose parochial or other District fuch Works or other Matters fhall have been performed and executed, or fuch Pavements fhall have been broken up and repaved; and fuch Cofts and Charges from Time to Time, whenever directed by the said Commiffioners or Trustees or other Perfons, fhall be certified by their Clerk or Clerks, Surveyor or Surveyors of Pavements, or one of them, or fome other Officer or Servant appointed by them, by a Note to be given to the faid Company or Commiffioners of Sewers, or other Persons who fhall have neglected to perform and execute fuch Works, or by whom or by whofe Orders or Authorities or on whofe Account fuch Pavement fhall have been broken or taken up, or to be left for such Company, Commiffioners of Sewers, or other Perfon or Perfons, at their Dwelling Houfe or Dwelling Houses, or Place or Places of Abode, or at any Office or Counting House of any fuch Company or Commiffioners of Sewers, or at the Dwelling House or Place of Abode of any Secretary, Clerk, or Turncock employed by fuch Company, or of any Clerk or Secretary to any fuch Commiffioners of Sewers; and that the full Amount of the Cofts and Charges fo certified shall be paid within Two Months after the fame Note fhall be given or left as aforesaid, by fuch Company or Commiffioners of Sewers, or other Perfon or Perfons to or for whom the fame Note shall have been given or left as aforesaid, to the Surveyor of Pavements, or to the Treasurer to fuch Commiffioners or Trustees, or other Perfons having the Control of the Pavements as aforefaid, or to the Mafon

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

left

Neceffary Paving Rates may be made,

being duly

figned, publifhed, and allowed.

left any fuch Note as directed by this Act, and by the Oath or Affirmation of the Perfon or Perfons appointed by fuch Note to receive fuch Cofts and Charges of the Nonpayment thereof, and every Part thereof, to him or them, and which Oath or Affirmation any and every fuch Juftice of the Peace is hereby empowered and required to administer, or to recover the fame 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 fuch Proceedings in any Court or Courts of Requests or County Court, or in any fuch Action or Actions, it shall be only neceffary for the faid Commiffioners or Trustees or other Persons, or the Complainant or Complainants, Plaintiff or Plaintiffs, in any fuch Proceedings or Actions, to prove the Service of fuch Note pursuant to the Directions of this Act, to entitle him or them to recover by fuch Proceedings, or by fuch Action or Actions, from the faid Company or Commiffioners of Sewers or other Perfon or Perfons, Double the full Amount of fuch Cofts and Charges fo certified by fuch Note, unless the said Company or Commiffioners of Sewers or other Perfon or Perfons fhall prove, upon the Return of the Summons in fuch Proceedings in any Court or Courts of Requests or County Court, or on the Trial of fuch Action or Actions, the actual Payment of the full Amount of the Cofts and Charges fo certified, within Two Months after the faid Note was left as aforefaid, to the Perfon or Perfons thereby appointed to receive the fame; and that in any and every fuch Action or Actions no Effoign, Protection, or Wager of Law, or Plea in Abatement, or any dilatory Plea, or more than One Imparlance, shall be allowed.

XXIV. And be it further enacted, That it may be lawful to and for the Perfons, who under any local Act or Acts of Parliament for any parochial or other District within the Jurifdiction of this Act, are empowered to make Rates and Affeffments for

the

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