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capable, or refusing to act as aforesaid, as they shall think fit: and the names 50 Gen. IU, of the persons to be so appointed, elected and chosen shall be entered in the book of proceedings of the said commissioners, and the commissioners so
c. 41. from time to time elected and appointed shall have the same powers and authorities, in all respects, as if they had been originally nominated and appointed in and by this act..
VII. Provided always, and be it further enacted, That no person appointed Qualification of or to be appointed by or under this act, shall be capable of acting as a com- Coninissioners, missioner in the execution thereof, being a victualler, tavern-keeper or innholder, or who shall sell ale, wine, cyder or any other spirituous liquor by retail; or who shall, either by himself or any person in trust for him, hold or enjoy any office or place of profit under, or be concerned in any contract made by virtue of, this act, during the time that he shall so hold and enjoy the same; or who shall be in any wise personally or beneficially interested in any matter or question which shall happen or arise under any of the clauses, powers and provisions hereof (other than as a creditor on or liable to the payment of the rates or assessments hereinafter required to be made and levied) where the matter or question in which he shall be so interested shall be agitated, discussed or determined; nor shall any person be capable of acting as a commissioner in the execution of this act, who shall not be a housekeeper within the said town of Kingston-upon-Hull and liberty of Trippett, or the said lordship or precinct of Myton, or within five miles of the same (other than and except the mayor, recorder and aldermen of the same town for the time being,) and who sball not be in bis own right, or in the right of his wife, in the actual possession, enjoyment and receipt of the rents and profits of messuages, lands, tenements, or here. ditaments for an estate of freehold or copy hold of inheritance within the said town and liberty, lordship or precinct, or county of the same town, of the clear yearly value of one hundred pounds (over and above all reprises and incumbrances,) or who otherwise shall not be possessed of or entitled to a personal estate of the value of three thousand pounds over and above the amount of his debts.
VIII. Provided also, and be it further enacted, That every person ap- Commissioners pointed or to be appointed a commissioner by or under this act shall, before to take an Oath, be shall act in the execution thereof, (except in administering the cath or affirmation to the chairman of the first meeting of the said commissioners,) take and subscribe an oath or affirmation in the words.or to the effect following (that is to say ;) “1 A. B. do swear (or, being one of the people called quakers, do Oath,
"solemnly declare and affirm] that I am really and bona fide in my
in the county of the
within five miles of the said town,
“So help me God.” Which oath or affirmation shall be entered in the book of proceedings of the said commissioners.
IX. And be it further enacted, That the before-mentioned commissioners, First and other or any seven or more of them, shall meet at the Guildhall of the said town, Meetings of if the mayor for the time being shall permit the same, or otherwise at such Commissioner convenient place within the said town or lordship as shall be appointed by
50 Geo. III. him, on the first day of June pext, between the hours of eleven of the clock C. 41,
in the forenoon and two of the clock in the afternoon, before which lastmentioned hour they shall proceed to put this act into execution, and at
such meeting shall elect and appoint such one of the said commissioners Chairman to be appointed by this act, who shall be then present, as they shall judge proper, appointed for to be chairman of their several meetings for one year next ensuing; and one year. that all acts and proceedings of the said commissioners shall be had and
determined at public meetings, whereof written or printed notices shall be given to or left at the dwelling-bouse of each of the said commissioners, and a written or printed public notice, signed by the clerk to the said commissioners, shall be given at least ten days previously thereto by asfixing the same on one of the doors of each of the churches in the said town and lordship, to be held at the said Guildhall (if the mayor for the time being shall permit the same, or otherwise at such other convenient place within the said town, or the lordship or precinct of Myton aforesaid, as the said commissioners shall from time to time fix and appoint) between the like hours of eleven of the clock in the forenoon and two of the clock in the afternoon on each day of such meetings respectively, and if it shall happen that there shall not be five commissioners present at any such meeting, then and in such case the chairman for the time being, if he shall be then present, or otherwise the clerk to the said commissioners shall and inay adjourn the said meeting to any other day, not exceeding fourteen days next afterwards, at the same place where such ineeting was appointed to have been beld, and notice of such adjournment shall be given in like manner as is before directed with respect to the said meetings, and the said commissioners shall at all their said meetings bear and pay their own expences, except the charge, perquisite or fee for the room or place where the same shall be held, and the expence of stationary, which shall be defrayed
out of the general rate and assessments hereinafter directed to be made. Chairman to be
X. And be it further enacted, That the said commissioners or any seven elected annually, or more of them shall, on the first day of June in every year after the said
first day of June next, meet and elect such person, being a commissioner under this act, as they sball judge proper, to be the chairman of their
several meetings for putting this act into execution for the year thence next Chairman and
ensuing; and that no act or proceeding of the said commissioners at any of four Commiss sioners to be pre. the meetings to be held in pursuance of this act shall be of any force or sent at every effect, unless the chairman for the time being, or the pro tempore chairman
to be elected and chosen as hereinafter mentioned, shall be present, and unless Business to be there be four or more other commissioners then and there attending; and determined by
that all matters and things to be done at all or any of the meetings to be majority of
beld in pursuance of this act, shall from time to time be ordered and deter
mined according to the vote of the majority of the commissioners then The Chairman to
present and actually voting, and where the number of votes shall be equal have a casting
the chairman of the said meeting shall have a determining or casting vote, Vote, but no but shall not vote in any other case or on any other occasion whatsoever ; other.
and that no conmissioner shall be capable of acting or voting in any case wherein he shall be charged with any offence against this act, or where his interest is concerned, otherwise than as a creditor upon the rates as afore
XI. Provided nevertheless, and be it further enacted, That if the chairChairman. man for the time being shall be disabled by sickness, or otherwise pre
vented from attending, or shall refuse or neglect to attend any meeting of the said commissioners at the expiration of fifteen minutes after the time appointed, the commissioners then and there present shall and may elect and appoint one of themselves to be chairman pro tempore, and after such election and appointment proceed to the business of the said meeting in the
execution of this act. For appointing
XII. And be it further enacted, That at the first meeting of the said com. Officers,
missioners, to be held as aforesaid, such of them as shall be then and there present shall elect and appoint a treasurer and clerk, a surveyor or surveyors, and also a collector or collectors, receiver or receivers of the rates or assessments to be raised and levied and the several monies to be received by virtue of this act, and by whom such rates, assessments and monies may from time to time be paid to the treasurer for the time being or other person or persons appointed for that purpose, in the manner herein
after mentioned, and other proper officers for effecting the purposes of this 50 Geo. 1II. act (save only and except as to such officers as are or shall be appointed
C. 41. under or by virtue of the powers and authorities of the said recited acts as hereinafter mentioned ;) and that it shall be lawful for the said commissioners and their successors, to be elected and appointed as aforesaid, from time to time to remove, suspend or displace all or any of such officers or other persons as they shall see occasion, and appoint others in the room or place of such of them as shall be so removed, suspended or displaced, or in the room of such as shall die, or resign their offices, and also from time. to time by and out of the monies to be raised or received by virtue of this act to pay such wages or salaries and make such allowances to such officers as they shall think reasonable or proper : provided always, that no com- Commissioners missioner appointed or to be appointed as aforesaid shall vote for or join in not to vote for
the Removal or the removal or appointment of any treasurer, clerk, collector, surveyor or Appointment of inspector to be appointed or employed by virtue of this act, who shall not Officers, unless have attended as a commissioner at one public meeting of the said commis- they have acted
as Commissioners sioners within six calendar months pext before such removal or appoint
within six ment.
months, XIII. And be it further enacted, That the said commissioners shall cause Books
se Books to be kept proper books to be provided and kept, in which they shall, either by them- of Proceedings. selves or by their clerk for the time being, make or cause fair and regular entries to be made of the several meetings held in pursuance of this act, and of the names of the commissioners present thereat respectively, and of the nomination of all officers and persons to act in the execution of this act, and of all acts, orders, rules, resolutions, reports, proceedings, matters and things relative to the execution of this act, and also an account of all monies to be assessed or raised and to be received or made payable by virtue hereof, and of the payment and application of the same, and of all contracts made by any person or persons by virtue or in pursuance of this act: and the chairman of each meeting and the clerk of the said commissioners shall each subscribe and sign his name at the foot of the entry of the proceedings thereat, and all entries in the said books so signed shall be admitted as evidence in any court whatever in all causes, suits or actions, and upon all occasions whatsoever, touching any thing done in pursuance or, by virtue of this act; and such books shall be kept by the clerk for the time being to the said commissioners, or by such other person or persons and at such place as the said commissioners shall direct, and the same shall respectively at all convenient and reasonable times be open and liable to the inspection of the said commissioners, and of all persons rated and assessed for the purposes of this act, or otherwise affected thereby, without fee or reward.
XIV. And be it further enacted, That the said commissioners shall and Actions to be in may sue and be sued in the name of their clerk for the time being, and that the name of the all actions or suits that it may be necessary or expedient to bring for the Clerk, recovery of any penalty or sum of money due or payable by virtue of this act, or for or in respect of any matter or thing relating to this act, shall be brought in the name of the said clerk; and that no action or suit which may be brought, commenced or prosecuted by or against such commissioners, or any of them, by virtue or on account of this act in the name of their clerk, shall abate or be discontinued by his death, suspension or removal, or by any act or default of such clerk done or suffered without the consent or direction of the said commissioners; but the clerk to the said commissioners for the time being shall be always deemed plaintiff or defendant in every such action or suit, as the case may be. XV. Provided always, and be it further enacted, That every such clerk,
? Who shall be in whose name any action or suit shall be commenced, prosecuted or in
or reimbursed his defended in pursuance of this act, shall always be reimbursed and paid, out Expences. of the monies to arise by virtue of this act, all such costs, charges and expences as he shall be put to or become chargeable with by reason of his being so made plaintiff or defendant therein, and shall not be personally answerable or liable for the payment of the same or any part of them ; unless such action or suit shall arise in consequence of his own wilful neglect or default, or bave been brought or commenced or be defended without the order or direction of the said commissioners.
50 Geo. III. XVI. Provided always, and be it further enacted, That the said commisc. 41.
sioners shall and they are hereby required to take security from every suca treasurer, clerk, surveyor, collector, inspector and other officers, to be ap
pointed as aforesaid, for the due execution of their respective offices or Commissioners to duties as the said commissioners shall think proper; and every person who take Security is hereby made liable to pay the several rates or assessments hereby directed from every, and required to be raised and levied, or to pay any sum of money which is Officer for the due execution of directed by this act to be applied to the purposes thereof, shall and they his Office.
are hereby required to pay the same to such collector or other persons as
shall be so appointed to collect and receive the same in pursuance of this Collectors not to
o act; which collector or collectors or other persons shall, when and so often have more than twenty Pounds as the money to be collected and received by him shall amount to the sum in their hands at of twenty pounds, pay the same into the hands of the treasurer for the time a time on Penalty
being of the said commissioners; and if any such collector or collectors or of ten Shillings per diem;
other person or persons shall retain in his or their hands more than the sum of twenty pounds, he or they so retaining the same shall forfeit to the said commissioners any sum pot exceeding ten shillings per day for every twenty pounds collected and retained, and so after the same rate for every less sum
than twenty pounds, for every day beyond the time when the same was so To deliver
collected and ought to be paid to the treasurer as aforesaid ; and all such offiproper Accounts. cers and persons, so to be appointed as aforesaid, shall upon demand, at
such time and times and in such manter as the said commissioners shall direct, deliver to such commissioners or to such person or persons as they shall appoint, true and perfect accounts in writing, signed by them, of all monies, matters, and things received and committed to their charge by virtue and for the purposes of this act, and how much of the said monies shall have been paid and disbursed and for what purposes, together with the proper vouchers for such payments, and also the books, papers and writings in their respective custody or power relating to the proceedings to be had under this act, and shall pay all such monies as shall appear upon the balance of their accounts to be due, to the treasurer to be appointed as aforesaid, or to such person or persons and at such time and place as the said commissioners shall appoint, and every such officer and person so aocounting as aforesaid shall, if required by the said commissioners or any five or more of them, upon oath (or affirmation, being a quaker) verify such accounts; and in case he shall not so account for the space of eight days
after being thereunto required as aforesaid, and on complaint being made by Balance of the said commissioners, or by such person or persons as they shall appoint Accounts to be
to make such complaint, of any such default as aforesaid to any justice of levied by Warrapt of Distress.
the peace for the county or place wherein the party making default shall reside or be, such justice may and is hereby authorized and required, by warrant under his hand and seal, to cause the said officer or officers, person or persons so making or having made default to be brought before him, and upon his, her or their appearing or not appearing (except for some reasonable excuse) to hear and determine the matter of complaint in a summary way: and if upon confession of the party, or by the testimony of one or more credible witness or witnesses upon oath (or affirmation, being a quaker,) it shall appear to such justice that any of the monies that shall have been collected or raised by virtue of this act shall be in the hands of such officer or officers, person or persons, or unaccounted for, then such justice may, and is hereby authorized and required. by warrant under his hand and seal, to order the payment thereof, and of any penalty not exceeding the sum of five pounds to be incurred by reason of the detention thereof; and upon non-payment thereof to cause the same to be levied by distress and sale of the goods and chattels of such officer or officers, person or persons respectively so making default as aforesaid: and if no goods or chattels can be found sufficient to answer and satisfy the money so unpaid or detained and the penalty in respect thereof, and the charges of distrain
ing and selling the same, and the other expences attending the requiring Officer refusing
or compelling such payment as aforesaid, or in case of refusal to account as to deliver up
aforesaid, or that it shall appear to such justice by the confession of the papers, may be committed to party so offending or making default as aforesaid, or by the testimony of prison.
any credible witness or witnesses upon oath or affirmation as aforesaid, that any books, papers or writings relating to the execution of this act, or to the proceedings to be had under the same, shall be in the custody or power of any such officer or person and he shall refuse to deliver up the same as 50 Geo. III. aforesaid ; then and in any of the cases aforesaid such justice shall commit
c. 41. every such offender to the common gaol or house of correction of the county or place where such offender shall reside or be, there to remain without bail or mainprize until he shall give or make a true and perfect account and payment as aforesaid, or until he shall have compounded with the said commissioners and shall have paid such composition in such manner as they shall appoint, or until such person shall have delivered up such books, papers and writings as aforesaid, or given satisfaction in respect thereof; provided always, that no person who shall be committed for want of suffi. cient distress shall be kept or detained in prison for a longer space of time than six calendar months.
XVII. And be it further enacted, That if any collector or receiver, or Balance of money other person employed by the said commissioners, who shall have received received, and not
paid over at the any sum of money by virtue of or for the purposes of this act, shall die be- !
time of the fore he or they shall have paid and satisfied all the money so received by Receiver's death. him, then and in every such case the executors or administrators, execu, to be paid by the trixes or administratrixes, or other person or persons possessing the estate Executors of the
deceased's Estate, and effects of every such person so dying shall be liable to pay and make good all such sums of money by such collector or receiver or other person so received and not paid, and the same shall be recoverable by action or suit in any of his Majesty's Courts of Record at Westminster against such executors or administrators, executrixes or administratrixes, person or per. sons as aforesaid.
XVIII. And be it further enacted, That if any person who shall be Penalty on appointed clerk, treasurer, assessor, collector, receiver, surveyor or inspector, Officers taking or any other officer or servant who shall be in anywise employed in putting
any Fee or
Reward besides this act or any of the powers thereof in execution, shall exact, take or ac- the Salary. cept any fee, profit or reward whatsoever, other than such salaries, allowances and rewards as shall be appointed, allowed and approved of by the said commissioners, for or on account of any thing done or to be done by virtue of this act, or on any account whatsoever relative to putting the same in execution, or shall directly or indirectly be concerned or interested in any sale, purchase, bargain, or contract made or to be made by or by the order of the commissioners for the putting this act in execution, unless with the consent or approbation of such commissioners; every such person so offending shall be incapable of ever serving or being employed in any manner under this act, and shall forfeit the sum of twenty pounds.
XIX. And be it further enacted, That all such scavenger, rakers, cleansers Scavengers, &c. and lighters of lamps, watchmen, or such other officer or officers, deputies to be appointed and assistants, as well for the due execution of this act as for the due ex. by the Commisecution of the powers and authorities of all or any of the said recited acts, Watchmen to be
sioners, but or such of the powers and authorities therein contained as are not hereby under the conactually or virtually altered, repealed or amended (except such assessors, troul of the surveyors and collectors or other officers as are otherwise directed to be way
e directed to be Mayor. appointed and chosen by the said last-mentioned acts, and have been usually appointed and chosen under and by virtue of the same,) shall be from time to time nominated and appointed by the said commissioners; but all and every such watchmen shall and may from time to time be removed, suspended or displaced by and at the will and pleasure of the mayor of the said town for the time being; whereof he shall give notice to the clerk of the said commissioners or of the assessors acting under the said recited acts, in order to the nomination and appointment of some other person or persons in the place and stead of the person or persons so to be removed, suspended or displaced, which shall be done forthwith; and the person or persons so removed, suspended or displaced shall not be again nominated or appointed to the same or any other office under this act or the said recited acts, or any of them, without the consent and approbation of the mayor of the said town for the time being first had and obtained ; and the wages or hire, gratuities, rewards or payments of all such scavengers, rakers, cleansers and lighters of lamps and watchmen, and of all and every other officer or officers, deputies and assistants, as are or shall be appointed by virtue of this act, shall be ascertained, settled, awarded and ordered by the said commissioners, but shall be paid by the treasurer to the said commissioners hy and out of the rates and assessments to be raised and levied under or by virtue