furer, Clerk and Surveyor, and also a Collector of the Rates or Affeffments to be made as hereinafter mentioned, and fuch other Officers and Perfons as they fhall think neceffary, and may remove any fuch Officers or other Perfons as they fhall think proper, and appoint others in their Stead, and pay such Salaries and make fuch Allowances to all fuch Officers or Perfons as they the faid Commiffioners fhall think reasonable; and the faid Commiffioners are hereby required to take Security from every such Treafurer or Collector as they fliall think proper.

account.

X. And be it further enacted, That every fuch Treafurer and Treasurer and Collector fhall, under their refpective Hands (at fuch time or times, Collector to and in fuch manner as the faid Commiffioners fhall direct) deliver to the faid Commiffioners, or to fuch Perfon or Perfons as they fhall appoint, a true and perfect Account in Writing of all fuch matters and things as may be committed to their Charge, and of all Monies which fhall have been by them received, by virtue and for the Purpofes of this Act, and how much thereof hath been paid and difburfed, and for what Purposes, together with the proper Vouchers for fuch Payments, and all fuch Collectors fhall pay all fuch Money as fhall remain in their respective Hands; and if any fuch Collector Unduly keeping as aforefaid fhall at any time or times hold or keep in his own Hands Money in Hand. for the Space of Three Days together, any larger Sum of Money to be received by him under this Act, than the Sum of Fifty Pounds, he fhall for every fuch Offence forfeit and pay to the faid Commiffioners any Sum of Money not exceeding Five Pounds, within the Penalty. Space of Ten Days next after he fhall be called upon by them or their Treasurer to pay fuch Penalty; and every fuch Collector fhall, when thereunto required by the faid Commiffioners, affembled at any fuch Meeting as aforefaid, produce a Book containing an Account of the Rates and Affeffments laid by virtue of this Act, which shall be in arrear and unpaid, and the Names of the Perfons by whom the fame ought to be paid, with the Sums by them refpectively owing, and the time when the fame became due; and every fuch Treasurer and Collector fo accounting fhall upon Oath, if thereunto required by the faid Commiffioners, (which Oath any One of the faid Commiffioners is hereby empowered to adminifter,) verify fuch their refpective Accounts; and if any fuch Treasurer or Collector fhall Refusing to refufe or wilfully neglect to make and render, or fhall refufe to verify account. upon Oath any fuch Account, or to produce or deliver up the Vouchers relating to the fame, or to make Payment as aforefaid; or in cafe the Clerk of the faid Commiffioners, or any fuch Treasurer Clerk of Comor Collector, fhall not deliver to the faid Commiffioners, or to fuch millioners, Perfon as they shall appoint, within Fourteen Days next after being thereunto required by Notice in Writing, figned by the faid Commiffioners, or any Two or more of them, and given to or left at the laft or usual Place of Abode of fuch Treasurer, Clerk or Collector, Appointee on all Books, Papers and Writings in their refpective Cuftody or Power, relating to the Execution of this Act, or Duplicates thereof refpectively, or give Satisfaction to the faid Commiffioners refpecting the fame, and Complaint fhall be made thereof on the behalf of the faid Commiffioners, to any Juftice of the Peace for the County of Middlefex or City of Westminster, fuch Juftice is hereby anthorized and required, by Warrant under his Hand and Seal, to caufe fuch Treafurer, Clerk or Collector to be brought before him, and upon his

appearing

Treasurer and

Collector to deliver to Commiffioners or their

Notice of Four-
Books, &c. relat-
ing to Act or
Duplicates.

teen Days.

Monies remain ing in the Hands

of Collector.

Distress.

Treasurer, &c. refufing, &c. to give Accounts,

&c.

Imprisonment till Account rendered, &c.

Commiffioners to pave and repair Streets, &c.

Altering Pavement, &c. without Confent.

appearing or not being to be found, to hear and determine the matter of fuch Complaint in a fummary Way; and if upon the Confeffion of the Party, or by the Teftimony of any credible Witness upon Oath, (which Oath fuch Juftice is hereby empowered to adminif ter,) it fhall appear to fuch Juftice that any of the Monies which fhall have been collected and raised by virtue of this Act, shall be in the Hands of any fuch Treasurer or Collector, fuch Justice is hereby authorized and required upon Non Payment thereof, by Warrant under his Hand and Seal, to caufe fuch Money to be levied by Diftress and Sale of the Goods and Chattels of fuch Perfon; and if no such Goods or Chattels can be found fufficient to answer and satisfy the Money and the Charges of diftraining and felling the Distress, or if it shall in manner aforefaid appear to fuch Juftice, that any fuch Treasurer, Clerk or Collector had refufed or wilfully neglected to render and give fuch Account, or to verify the fame as aforefaid, or to produce the Vouchers relating thereto, or that any Books, Papers or Writings relating to the Execution of this Act, fhall be in the Cuftody or Power of any fuch Treasurer, Clerk or Collector, and he fhall have refused or neglected to deliver up or give Satisfaction refpecting the fame as aforefaid, then fuch Juftice fhall commit him to the Common Gaol or House of Correction, there to remain, without Bail or Mainprize, until fuch Perfon, being Treasurer or Collector, fhall make and give a true and perfect Account and have paid fuch Money as aforefaid, or fhall have compounded for fuch Money with the faid Commiffioners, and have paid such Composition in such manner as they shall appoint, which Compofition the faid Commiffioners are hereby empowered to make and receive, and until fuch Perfon, being Treasurer, Clerk or Collector, fhall deliver up all fuch Books, Papers and Writings, or Duplicates of the fame as aforefaid; but no Person who fhall be committed on account of his not having fufficient Goods or Chattels as aforefaid, fhall be detained in Prifon for any longer Term than Six Calendar Months.

XI. And be it further enacted, That it shall be lawful for the faid Commiffioners, and they are hereby authorized and empowered, from time to time, to cause the feveral Streets, Squares, Circusses, Ways, Courts and other Public Paffages and Places, or fuch Parts thereof as fhall be made and fet out within the Limits of their Jurisdiction, under the Provifions of this Act, both in the Carriage and Footways to be paved, and fuch Pavements to be from time to time amended and kept in good Repair, upon fuch Levels, and in such manner, and with fuch Sorts and kinds of Materials as they shall judge neceffary and proper; and alfo to caufe the faid Streets, Squares, Circuffes, Ways, Courts and other public Paffages and Places, to be cleanfed, lighted, watched and watered, and the Sides thereof or other Places, which fhall be made or fet out, to be fenced or inclosed with Iron or other Rails, in fuch Parts and Places and in fuch manner as the faid Commiffioners fhall think proper; and all Encroachments, Obftructions, Nuifances and Annoyances therein, to be removed, and Drains, Sinks, Gutters or Watercourfes, to be made, for conveying the Water from the faid Streets, Squares, Circuffes, Ways, Courts and other public Paffages and Places, in fuch manner as they fhall think proper; and that no Person fhall, without the Confent of the faid Commiffioners, alter the Form, or break up the Ground or Pavement of the Carriage or Footways within any

Part

Part of fuch Limits, or make the fame otherwise than as shall be
directed by the faid Commiffioners, upon pain of forfeiting any Sum
not exceeding Ten Pounds for every fuch Offence, and fuch Perfon Penalty.
fo offending fhall alfo pay all the Expences of reftoring fuch Ground
or Pavement to its former State.

to make Allowances to fuch Perfons as may

have paved at their own Expence.

may purchase Materials of old Streets, &c. or purchase or hire Ground for getting Materials, and for building Watch Houses, &e.

• XII. And Whereas feveral Perfons have already paved, or may hereafter at their own Expence pave certain Squares, Paffages and • Places, within the Limits of this Act, for which it is reasonable ⚫ fome Allowance fhould be made ;' Be it therefore further enacted, That it shall be lawful for the faid Commiffioners, and they are hereby Commiffioners authorized and empowered, from and out of the Monies to arife under and by virtue of this Act, to make and pay to fuch Perfons, as to the faid Commiffioners fhall appear to be entitled thereto, fuch Payments or Allowances for or in refpect of fuch Pavement made and done, or which shall hereafter be made and done by them as aforefaid, as to the faid Commiffioners fhall appear fair and reasonable. XIII. And be it further enacted, That the faid Commiffioners Commiffioners may and they are hereby authorized and empowered to purchase the Pavements and Footways, or the Materials of which the old Streets may have been paved or made, in all or any of the Streets, Squares, Ways, Courts, Paffages or other Places under the Jurifdiction of any Commiffioners of Pavement, Veftrymen or Trustees before the paffing of this Act, which fhall be taken, blocked up, widened or altered under the Provisions of this A&t; or fuch Parts thereof as fhall be within the Limits of the Jurifdiction of the Commiffioners under this A&, and all Iron Rails, Gates, Lamp Pofts and other Materials belonging to any fuch Commiffioners of Pavement, Veftrymen or Trustees, within fuch Limits, and alfo to make Compensation to any fuch Commiffioners of Pavement, Veftrymen or Truftees, for any Lofs or Damage which they or their respective Parishes may fuftain by reafon of any of the faid Streets, Squares, Circuffes, Ways, Courts, Paffages or Places, being put or placed under the Commiffioners for carrying this Act into Execution; and alfo to purchase, take or hire any Piece or Pieces of Ground, for the Purposes of digging Gravel for the better paving fuch Streets, Squares, Circuffes, Ways, Courts and other public Paffages and Places as aforefaid, and for the Purposes of depofiting Materials thereon, for or on account of fuch Paving, or for the Purpose of erecting a Watch Houfe or Watch Houses thereon, or to rent any Building to be made use of as or for any other of the Purposes of this Act, as shall appear to them to be neceffary, for fuch Sum or Sums of Money, yearly Rent or Rents, and for fuch time, as to them fhall appear reasonable, which Sum or Sums of Money, yearly Rent or Rents, fhall be respectively paid out of the Monies to arife by virtue of this Act; and also to erect any Watch Houfe or Watch Houfes, and any Number of Watch Boxes, for the Purposes of this Act, in fuch Place or Places as they may think proper, and likewife to buy or hire fuch Horfes, Carts, Teams or Carriages, as may be neceffary for the Purpose of carting fuch Gravel, or for cleanfing or watering such Streets, Squares, Circuffes, Ways, Courts, Paffages and Places as aforefaid, or for any other Purpofe directed by this Act; and alfo to hire fuch Perfons, buy fuch Materials and make fuch Regulations for the better Execution of any fuch Purposes, as they the faid Commiffioners for executing this Act shall in their Difcretion think proper. 56 GEO. III. XIV. And

S s

Damages to be affeffed, in cafe of Difagree. ments, by a Jury.

XIV. And be it further enacted, That if any Commiffioners of Pavement, Veftrymen, Trustees, Owners, Proprietors, Occupiers, Bodies Politic, Corporate or Collegiate, Femes Covert, or any other Perfon or Perfons interested in any Pavement, Rails, Gates, Lamp Pofts or other Materials, or in any Ground or Hereditaments which the faid Commiffioners for executing this A&t are hereby empowered to purchase, take and ufe for the Purposes of this Act, fhall neglect or refufe to treat, or fhall not agree in the Premises, or by reason of Abfence or Disability shall be prevented from treating with the faid Commiffioners for executing this Act, or their Agents, for the Sale and Difpofal thereof; or if fuch Proprietor or Proprietors, or other Perfon or Perfons interested, cannot be found or known, or fhall not produce and evince a clear Title to the Premises so to be purchased, or to the Intereft, he, fhe or they shall refpectively claim therein, to the Satisfaction of the faid Commiffioners, or if the Perfons entitled to be compenfated for any fuch Lofs or Damage as aforefaid, shall not agree with the Commiffioners for executing this Act in regard thereto, then and in every or any fuch cafe, the Sheriff of the faid County of Middlefex, or his Under Sheriff, or the High Bailiff of the City and Liberty of Westminster, or his Deputy, as the cafe may be; or in cafe fuch Sheriff or Under Sheriff, High Bailiff or his Deputy, fhall be anyways interefted in the Matter in queftion, then fome of the Coroners of the faid County, not interefted therein, fhall, upon the Warrant of the faid Commiffioners for executing this Act, to be iffued in the manner hereinafter mentioned, and he and they is and are hereby required and authorized to cause it to be inquired into and ascertained, upon the Oaths of a Jury of Twelve indifferent Men of the faid County of Middlefex, or Sheriff, &c em- City and Liberty of Westminster, (which Oaths the faid Sheriff, Under Sheriff, High Bailiff or Deputy, or Coroner, is and are hereby empowered and required to adminifter,) what Recompence and Satif. faction ought to be made to fuch Commiffioners of Pavement, Veftrymen, Trustees, Owners, Occupiers or other Perfon or Perfons interested therein, for fuch Lofs or Damage as aforefaid, or for the Value of fuch Pavement, Rails, Gates, Lamp Pofts or other Materials, Piece or Pieces of Ground or Hereditaments, and of the proportionable Value of the refpective Eftates and Interefts of every Perfon or Perfons feifed or poffeffed thereof, or interefted therein, or of or in any Part or Parts thereof, and fhall affefs and award the Sum or Sums of Money to be paid to fuch Commiffioners of Pave. ment, Veftrymen, Trustees or other Perfon or Perfons refpectively for fuch Lofs or Damage as aforefaid, for the Purchase of their refpective Rights, Eftates and Interefts therein; and in order thereto, the faid Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner, is and are hereby empowered and required from time to time, as occafion fhall require, to fummon and call before the faid Jury and examine upon Oath, all and every Person or Perfons whomfoever, who fhall be thought neceffary and proper to be examined as a Witnefs or Witneffes, touching or concerning the Premises amined on Oath. (which Oath the faid Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner, is and are hereby empowered to adminifter); and fuch Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner refpectively, shall order and caufe the faid Jury to view the Materials or Places in queftion, if there be occafion, and use all other lawful ways and

powered to adminifter Oaths.

Witneffes ex

*5*

means,

Notice of Meet-
g of Jury o
of Pavement,

Commiflioners

&c.

means, as well for his and their own as for the faid Jury's better Information in the Premises, as the faid Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner, fhall think fit; and after the faid Sheriff to order Jury fhall have inquired of, afcertained and fettled fuch Recom- Sum affeffed by pence and Satisfaction, the faid Sheriff, Under Sheriff, High Bailiff, Jury to be paid. Deputy or Coroner, fhall thereupon order the Sum or Sums of Money fo affeffed by the faid Jury to be paid by the faid Commiffioners for executing this Act, to the faid Commiffioners of Pavement, Veftrymen, Trustees, Owners or Occupiers of, or other Perfons interested therein, according to fuch Verdict or Inquifition of the faid Jury, which faid Verdict or Inquifition and Order, so had and made, fhall be final, binding and conclufive to all Intents and Purpoles, upon and against all Parties and Perfons whomfoever; and Return of Jury. for the fummoning and returning of fuch Jury or Juries, the faid Commiffioners for executing this Act are hereby empowered to iffue their Warrant or Warrants to the said Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner, to fummon, impannel and return, at fome convenient Place in the faid County of Middlefex, or City of Weftminster, as the cafe may be, a Jury of not less than Thirty fix nor more than Forty eight honeft and indifferent Men, qualified according to Law to be returned for Trials of Iffures in His Majesty's Courts of Record at Weftminfler, to appear before the faid Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner, at such time and Place as in fuch Warrant fhall be appointed, and Fourteen Days' Notice at the leaft in Writing, under the Hands of the faid Commiffioners for executing this Act, or under the Hand of their Agent duly appointed, of the time and Place at which fuch Jury fo required to be returned are to meet, fhall be given to fuch Commiffioners of Pavement, Veftrymen or Trustees, Owners, Proprietors, Occupiers, Corporations or any other: Perfon or Perfons interefted in the Premifes, before the time of the Meeting of the faid Jury, by leaving fuch Notice at the Dwelling Houfe of fuch Perfon or Perfons, or at the Dwelling Houfe of the Clerk or Clerks to the faid Commiffioners of Pavement, Veftrymen or Trustees, or of the Head Officer of fuch Body or Bodies Politic, Corporate or Collegiate, or with fome Tenant or Occupier of the Premises refpectively intended to be valued; and the faid Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner, is and are hereby empowered to impannel, fummon and return fuch Number of Perfons accordingly; and out Jury fworn. of the Perfons fo impannelled, fummoned and returned, or out of fuch of them as fhall appear upon fuch Summons, the faid Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner, fhall fwear or caufe to be fworn Twelve, who fhall be the Jury for the Purposes aforefaid; and in default of a fufficient Number of Jurymen, the faid Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner, fhall return other honeft and indifferent Men of the Standers by, or that can be speedily procured, to attend that Service (being qualified as laft aforefaid) to the Number of Twelve; and it fhall be lawful for all Perfons concerned, by themselves, their Counfel, Solicitors and Agents, to attend and be heard, and to adduce Evidence before the faid Sheriff, Under Sheriff, High Bailiff, Deputy or Coroner refpectively; and fuch -Perfons fhall alfo have their lawful Challenges against any of the faid Jurymen when they come to be fworn, but fhall not challenge the Array.

Ss 2

XV. And

Parties may attend by them

felves and

Agents.