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23 Geo. III. rubbish, shall at any time hereafter be taken, led, or carried away from any c. 55.
stables, buildings, yards, or places, in carts, waggons, trucks, or other carriages, in such a manner as to cause the same to be dropped or scattered, or to make any annoyance in the said streets, lanes, passages, or places; and
that no person or persons shall hereafter run, drive, carry, or place on any of Driving Car.
the foot ways or side pavements of the said streets, lanes, passages, or places, tiages on the side any wheel, sledge, wheel barrow, hand barrow, truck, or carriage, (except Pavements; such as shall be necessary for aud actually used in the wheeling and carrying
across the said foot ways or side pavements, into and out of the said streets, lanes, passages or places, unto and from the yards, houses, or buildings of the inhabitants of the said town, or the liberties or precincts thereof) any coals, soil, dirt, rubbish, or other things, which they, or any of them, shall have occasion to carry, wheel, or convey across such foot paths or side pavements;
nor shall, upon any of the said foot ways or side pavements, roll any cask Butchers Chop
or barrel, or place, or cause to be placed or to stand, any butcher's chopping ping Blocks, &c,
blocks, or other utensils ; or wilfully ride, drive, lead, or suffer to stand, any horse, beast, or cattle, except what shall be necessary for the purpose
of going across such foot ways or side pavements, into or out of the said No Stalls, &c. to
yards, houses and buildings; and that no person shall on any pretence stand in the whatsoever, set, place, or keep, or cause, or wilfully suffer to be set, placed, Street, on
or kept, any shop, stall, shed, table, bench, or seat, or any vessel or basket, Sundays.
in any street, lane, or public way in the said town, for the sale of fruit, toys, or any other wares, on a Sunday, on pain of forfeiting the sum of five shillings for every such offence, to be levied and recovered as hereafter
mentioned ; and that no person shall hereafter turn loose and drive, or cause Driving Horses and Cattle to
to be driven, to or from pasture, or otherwise, any horse or shall drive any other cattle, in or along the said public streets, lanes, passages, or places,
without having the same sufficiently attended and guarded by some person Throwing Soil,
or persons employed for that purpose; nor shall wilfully, wantonly, care&c, in to the lessly, or maliciously, throw or convey, or cause or procure to be thrown or Water;
conveyed, any earth, stones, dirt, filth, soil or nastiness, into the water, or any of the ditches, streams, pipes, conduits, or other things that contain or convey the same, to or for the use of the inhabitants of the said town of Kingston-upon-Hull, or the liberties or precincts thereof, or by any means whatever damage, injure, or obstruct the same, or any part thereof, so as to render the said water corrupt, bad, or unfit for any of the uses to which the same may have been generally applied, or might otherwise bave been fit
for; and that no person shall make, or assist in the making, any fire or fires, Bonfires, &c. commonly called bonfires, or shall set fire io, let off, or throw, any squib,
serpent, rocket, cracker, or other fire work whatsoever, within the said town of Kingston-upon-Hull, or the liberties or precincts thereof; but that all and every person offending in any of the said cases respectively, or in any other case within the provisions of this act, for which no specific penalty is or shall be given, shall, for every such offence, forfeit and pay a sum of money
not exceeding twenty shillings; and that it shall be lawful for the mayor Annoyances may and aldermen of the said town of Kingston-upon-Hull, or the major part of be removed.
them, to cause all and every the signs, sign posts, sign irons, show boards, or other emblems, used to denote the trade, occupation, or calling, of any person or persons, already erected, or that hereafter shall be erected, contrary to the directions of this act, to be taken down, reinoved, carried away, altered, or regulated, in such manner as they, or the major part of them, shall think proper, ten days notice or warning being first given to the owner or owners, tenants or occupiers, to take down or remove, carry away,
alter, or regulate the same.* Penalty on
XLVIII. And be it further enacted, by the authority aforesaid, That from slaughtering and after the first day of September one thousand seven hundred and Catile in the Streets.
· eighty-three, if any person shall kill, slaughter, scald, or dress any beast,
calf, sheep, lamb, swine or other cattle, in any of the public streets, lanes, or passages within the said town, or liberties or precincts thereof, every person so offending shall forfeit for the first offence the sum of twenty shillings, for the second offence thirty shillings, and for every future offence forty shillings; one moiety whereof, after deducting the expence of re. covery, shall be paid to the informer, and the other moiety shall be applied as other penalties and forfeitures are by this act directed to be applied. +
* See 50 Geo. III. c. 41. s 86, post. See 50 Geo, III, c, 41. 8. 84, post,
XLIX. And be it enacted, That all spouts projecting from any house, 23 Geo. III. shop, warehouse, or other building whatsoever, now adjoining or contiguous
c. 55. to any street, lane, public passage, or place, within the said town of Kingston-upon-Hull, or the liberties or precincts thereof, shall be removed and taken away at the expence of the owner thereof; and that no spouts shall For removal of he hereafter erected, except such as shall convey the water down by proper
ater down' by nroner Spouts projecting
into the Streets. and sufficient pipes, to be fixed to the sides of such houses or buildings respectively.*
L. And for the better preserving of the pavements of the streets of the Empowering the said town, Be it further enacted by the authority aforesaid, That from and Mayor and Alderafter the twenty-fifth day of December one thousand seven hundred and
men to direct
how the Wheels eighty-three, every dray, carr, sledge or truck, to be used for the carriage of Trucks, and of any goods, merchandize, or other things, from any one part of the said other Carriages, town to any other part thereof, shall have all the wbeels of every such shall be made. carriage made, shod, or bound, in such manner only as the mayor and alder. men of the town or borough of Kingston-upon-Hull aforesaid, or the major part of them in common council assembled, shall from time to time approve, and in that behalf direct or appoint: and if any dray, carr, sledge, or truck, used as aforesaid, shall have any of the wheels belonging to the same, made, shod, or bound in any other manner than as aforesaid, the owner, of such carriage being convicted of such offence, by his or her own confession, or by the oath of one or more credible witness or witnesses, before any one or more justices of the peace of the said town, shall, for the first offence, forfeit the sum of two shillings and sixpence, and for the second offence, the sum of five shillings, and for the third, and every other offence, the sum of ten shillings to be recovered, levied, and applied as herein is directed.
LIX. And it is hereby further enacted, That it shall be lawful for the Complaints to be mayor of the said town of Kingston-upon-Hull for the time being, or any heard in a sum
mary Way. two other justices of the peace for the said town and county, to hear and determine, in a summary manner, any offences which are made subject to, and punishable by, any penalties or forfeitures by virtue of this act, and which shall be committed within the said town, or the liberties or precincts thereof, except in such case where the penalty or forfeiture is directed to be recovered in any of his Majesty's Courts of Record at Westminster; and such mayor or justices respectively are hereby authorized and required, upon information or complaint, within one month after such offence shall be committed, to summon tbe party or parties accused, and after oath or affirmation made of the commission of any of the offences abovementioned, by one or more credible witness or witnesses, to issue a warrant or warrants for apprehending the party or parties so offending; and upon the appearance, or contempi of the party accused in not appearing, to proceed to the examination of the witness or witnesses upon such oath or affirmation respectively as aforesaid (which oaths or affirmations such mayor and justices respectively are hereby enipowered to administer) and to give such judgment or determination as shall be just, and conformable to the true meaning of this act; and where the party accused shall be convicted of such offence upon such examination, or upon his or her own confession, and shall not give notice in writing of his or her intention to appeal from such sentence or determination, accord. ing to the provision hereinafter contained, such mayor and justices respectively shall and may, and are hereby required to levy the penalty or penalties hereby inflicted for such offence or offences in the manner directed by this act; and all constables, and other peace officers within their respective limits, are hereby enjoined and required duly to obey, and execute all warrants of such justices, from time to time to be granted and delivered to them for the purposes aforesaid.
LX. Provided always, That it shall be lawful for the said mayor and justices of the peace for the time being, or any two of them, from time to Penalties may time, where they see cause, to mitigate, compound, or lessen any of the be raitigated. penalties, or forfeitures aforesaid, as they in their discretion shall think fit, so as such mitigation or composition do not extend to remit more than one moiety, of the penalty or forfeiture inflicted and directed to be paid by this act; and every such mitigation or composition shall be a sufficient discharge for the persons offending respectively, for so much of ihe said penalties and forfeitures as shall be so mitigated, lessened, or remitted.
See 50 Geo III. c. 41, S. 80, post.
50 Geo. III. LXI. And be it further enacted, That all penalties and forfeiturës which c. 41.
by this act shall be incurred or imposed, the manner of levying and recovering whereof is not otherwise hereby particularly directed, shall be levied
and recovered by distress and sale of the goods and chattels of the offender Application of
or offenders, by warrant under the band and seal, or hands and seals, of the Penalties. mayor of the said town for the time being, or any two other justices of the
peace for the said town and county, where any such offence shall be committed within the said town, or the liberties or precincts thereof; and that ·ail the costs and charges of such distress and sale, sball in like manner be raised and levied, together with such penalties and forfeitures; and the overplus (if any) of the money to be raised by the sale of such goods and chattels, shall be returned to the owner thereof; and such penalties and forfeitures, when recovered (the application whereof is not hereinbefore pare ticularly directed) shall be paid to such person or persons as the said mayor and justices respectively shall appoint for that purpose, and be applied towards the respective purposes of this act : and in case sufficient distress cannot be found, or such penalties or forfeitures shall not be forthwith paid, it shall be lawful for such mayor and justices respectively, by warrant under his or their hand and seal or bands and seals, to cause the offender or offenders to be committed to the common gaol or house of correction for the said town and county, there to remain without bail or main prize for any time not exceeding three calendar months, nor less than fourteen days unless such penalties and forfeitures, and all reasonable charges, shall be
sooner fully paid and satisfied. No Person liable LXII. Provided always, and be it enacted, That no person shall be liable to a Double to be doubly prosecuted upon this and any former law; but that any person Prosecution,
who shall be so convicted by virtue of any former law or statute, for any of the offences aforesaid, shall not also be subject to any prosecution, penalty, or forfeiture by virtue of this act, for the same offence; and that any person who shall be convicted of any offence by virtue of this act, shall not also be subject to any prosecution for the same offence by virtue of any former
law; any thing herein contained to the contrary notwithstanding. Directing a Form LXVII. And be it further enacted, That all and every justice or justices of Conviction of the peace, before whom any person or persons shall be convicted of any
offence against this act, shall and may cause the conviction to be drawn up
year of the “ reign of his Majesty
A. B. is convicted “ before
of his Majesty's justices of the “ peace for the said town and county of the town of “ Kingston-upon-Hull, by virtue of an act of parliament, “ made in the twenty-third year of the reign of bis “ Majesty King George the Tbird, intituled, An Act, &c." (here set forth the title of the act, and specify the offence, and the time and place when and where the same was committed, as the case shall be.] “ Given under our hands and seals (or, my hand and seal) the day and year aforesaid.
50 Geo. III. Cap. 41. Royal Assent, 18th April, 1810. An Act for Watching and more effectually Lighting, Cleansing,
and otherwise Improving the town of Kingston-upon-Hull, and the liberty of Trippett and the lordship or precinct of Myton,
in the parish of the Holy Trinity, in the said town; and for · preventing nuisances therein; and also for preventing frauds
• See sec. 62, 64, &c. page 10 and 11, ante.
and impositions in the quality, measure, and delivery of Coals 50 Geo. IlI. in the said town.
I. WHEREAS the town of Kingston-upon-Hull is not sufficiently watched, and the liberty of Trippett, (in the parish of the Holy Trinity) in Preamble. the said town, is not properly lighted or watched; and the several squares, streets, lanes, ways, and other public passages and places already made and built, and which are now making and building, within the lordship or precinct of Myton in the said parish, are in many parts incommodious and unsafe for passengers, very ill paved, and not sufficiently cleansed, lighted and watched, and are subject to various nuisances, annoyances, encroachments and obstructions; and other squares, streets, lanes, ways, public passages and places are intended to be or may be made or built within the said town of Kingston-upon-Hull and liberty of Trippett, and the said lordship or precinct of Myton, which may be subject or liable to similar inconveniences.
IT. And whereas it would greatly tend to the safety and accommodation, not only of the owners and inhabitants of houses within the said town and liberty, and lordship or precinct, but also of all persons resorting thereto, if the same were properly paved, cleansed, lighted, watched and regulated, and if all nuisances, annoyances, encroachments and obstructions were removed and in future prevented. III. And whereas many of the provisions of the several acts hereinafter Provisions of
former Acts; viz, mentioned, that is to say, an Act passed in the twenty-eighth year of the 20
28th, Gev. II. reign of his late Majesty King George the Second, intituled, “An Act for Ch. 27. “ explaining, amending and making more effectual several Acts of Parlia“ment relating to the maintenance and employment of the poor of “the town of Kingston-upon-Hull, and for better paving, preserving " and cleansing the streets, squares, lanes and alleys of the said town, and “ preventing obstructions therein, and for preserving the lamps which shall “ be set up to enlighten the streets of the said town, and securing the pro" perty of such lanıps to the owners;" an Act passed in the second year of 2d Geo, M.
Ch. 70. the reign of his present Majesty King George the Third, intituled, “Ăn Act " to amend and render more effectual several Acts made for cleansing and “enlightening the streets of the town of Kingston-upon-Hull, and for pre“ venting annoyances therein;" an Act passed in the fourth year of his ath Gen II. present Majesty's reign, intituled, “ An Act for amending and supplying Ch. 74, “ the deficiencies of the said last-mentioned act:" and an act passed in the twenty-tbird year of the reign of his present Majesty, intituled, “An Act
of And 23d Geo, ,
Ch. 55. “ for building a new gaol for the town and county of the town of Kingston“ upon-Hull; for purchasing an additional burial ground for the use of the “ parish of the Holy Trinity in the said town; for regulating the fares of “ backney coachmen, chairmen and porters, and the prices of carriage of “goods; for altering the time of lighting lamps, for ascertaining the breadth “ of party walls, and for preventing certain nuisances within the said town, “ liberties and precincts thereof; for amending an Act of the fourteenth “ year of the reign of his present Majesty for making and establishing " public quays or wharfs at Kingston-upon-Hull, in respect to such as are “ or may be built opposite to certain staiths in the said act described ; “ and for other purposes;" or the provisions of some of the said acts, have been found inadequate to the purposes thereof; and further and other provisions and regulations, powers and authorities for and respecting the cleansing and lighting the streets of the said town, and preventing nuisances and annoyances within the same and the liberties and precincts thereof, are essentially necessary for the better improvement of the said town and the liberties and precincts thereof, and the security and accommodation of the inhabitants of the same,
IV. And whereas certain ground and the foreshore of the river Humber, extending from the river Hull to ground of or belonging to the dock company at Kingston-upon-Hull, in or near certain streets called the Fore Ropery and Back Ropery, or Humber-Street, are within and parcel of the said town, but by reason of some part or parts of the same having been heretofore part of his Majesty's military works at the said town, and of other parts thereof having been lately made or regained from the said river,
50 Geo. III. Humber, the same have not hitherto been comprized in or assessed under C. 41.
or by virtue of the said recited acts or any of them for the purposes thereof; although the said ground and foreshore are now made and laid out for building thereupon, and may become greatly improved in value and very populous, and require 10 be cleansed, lighted and watched.
V. May it therefore please your Majesty, that it may be enacted ; and be it enacted by the King's Most Excellent Majesty, hy and with the advice
and consent of the Lords Spiritual and Temporal, and Commons, in this Commissioners
present parliament assenibled, and by the authority of the same, That appointed.
Edward Foster Coulson, esquire, mayor, Robert Osborne, esquire, recorder, Sir Henry Etherington, baronet, William Osbourne, John Sykes, John Wray, William Watson Bolton, Joseph Egginton, Jobn Bateman, William Jarratt, Thomas Osbourne, Richard William Moxon, Nicholas Sykes, and Andrew Hollingworth, esquires, aldermen, and Edward Codd, esquire, cominon clerk of the town or búrough of Kingston-upon-Hull, and their successors, the mayor, recorder, aldermen and common clerk of the said town or borough for the time being, together with Anthony Atkinson, John Alderson, George Alder, John Atkin, Robert Carlile Broadley, Tbomas Broadley, John Broadley, Jonas Browne, John Heley Bromby, Kingsman Baskett, William Bourne, John Boyes, John Burstall, Samuel Burstall, William Bell, John Briggs, Harrison Briggs, Christopher Bolton, John Barkworth, John Norman Crosse, William Collinson, Thomas Dikes, Thomas Ellison Collinson, William Cooper, John Carrick, Henry Casson, John Cotsworth, Joseph Denton, Stephen Dickinson, Gardiner Egginton, William Eyre, Thomas Frost, Charles Frost, John Frost, John Ferraby, Thomas Goulton, James Green, Richard Garland, Thomas Hall, William Hall, John Hudson, William Horncastle, Francis Hall, Benjamin Hickson, Robert Hustwick, James Headley, Thomas Hugall, Anthony Jones, Thomas Jackson, William Levett, John Levett, Henry Maister, Arthur Maister, Henry William Maister, Thomas Moxon, John Moxon, George Moxon, Sampson Middleton, Samuel Martin, John Newmarch, John New bald, Nicholas Os, bourne, Charles Osbourne, Robert Coupland Pease, Joseph Pease, John Kirkby Picard, William Parker, Josiah Prickett, Marmaduke Thomas Prickett, Robert Raikes, Michael Robinson, George Rudston, Charles Rudston, Thomas Riddell, William Ritson, Richard Sykes, Daniel Sykes, Henry Sykes, Richard Sykes the younger, John Simpson, Aistroppe Stovin, George Schonswar, John Spence, George Spence, William Shackles, Thomas Shackles, Thomas Thompson, Avison Terry, Caius Thoni pson, Thomas Aukland Terrington, William Todd, William Williamson, John West, James Keiro Watson, John Wray the younger, Charles Wray, John Wilson, and Charles Whitaker shall be and they are hereby appointed commis: sioners for putting this act in execution, in so far as the provisions, regulations, powers and authorities thereof are meant and intended to be vested in or executed by commissioners, and so as not to obstruct, prevent, hinder or interiere with all or any of the powers or authorities given to or vested in the mayor, recorder, and aldermen, or any of them, of the said town, by all or any of the said recited acts of parliament not hereby actually or
virtually altered, repealed or amended. Choosing new
VI. And be it further enacted, That in case the number of the said com. Cominissioners. missioners appointed by this act, or who shall from time to time be elected
and chosen as hereinafter mentioned, shall be reduced by death, disqualification, incapacity or refusal to act in execution of the powers and authorities hereby in them vested to twenty besides the mayor, recorder and aldermen of the same town for the time being; it shall and may be lawful, when and so often as the same shall happen, for the clerk of the said commissioners to convene a meeting of the surviving commissioners, who shall, and they are bereby required to nominate thirty persons whom they shall think fit and proper persons to act as commissioners in the execution of this act, duly qualified as bereinafter mentioned, and shall deliver in a list of the names of such persons, signed by the chairman of such meeting, at the next general quarter sessions of the peace to be bolden in and for the town and county of the town of Kingston-upon-Hull; and the majority of the justices tben and there present shall accordingly elect and appoint such and so many of the persons nominated in such list, to be commissioners in the place or places of the commissioners so dying, becoming disqualified or in