under or by virtue of this act, or by the assessors appointed under and by virtue of the said recited acts, to, or with any person or persons for the lighting, sweeping and cleansing the streets, squares, lanes, ways, public places, courts and passages of the said town and liberty and lordship or precinct respectively, shall be agreeable to the directions and provisions in this act contained, and with the approbation of the mayor and one alderman of the said town first obtained; and that in every such contract a clause, stipulation or agreement shall be inserted and contained, whereby the treasurer or treasurers of the said commissioners or assessors shall be authorized and empowered to retain in his or their hands respectively onefourth part at least of the gross amount of the sun or sums for which such contractor or contractors shall have agreed to perform and execute the same, until such contract or contracts shall be fully performed. LI. Provided always, and be it further enacted, That if any person or persons entering into or engaging in any contract with the said commissioners under or by virtue of this act, or with the assessors for the said town and liberty under and by virtue of the same or of the said recited acts respectively, for lighting any of the lamps within the said town and liberty and lordship or precinct, or for sweeping and cleansing the streets, squares, lanes, ways, public passages, courts and places within the same respectively, shall altogether omit or neglect to light, or shall not light at the time appointed or in a proper and sufficient manner any of such lamps, or not sweep and cleanse the said streets, squares, lanes, ways, public passages, courts and places in a proper and sufficient manner when as often and according to the terms of his said contract, or shall in any other manner omit or neglect to perform, execute and fulfil the conditions of his said contract, according to the true tenor and meaning thereof, and of this and the said recited acts respectively, such person and persons shall for each and every such neglect or ommission as aforesaid (unless the same shall be made to appear, to the satisfaction of the mayor of the said town, or any one or more of the aldermen, to have happened by some unforeseen or unavoidable accident) pay and forfeit a sum not exceeding five shillings for every lamp so omitted to be lighted, and twenty shillings for every neglect or omission in the sweeping and cleansing of any of the said streets, squares, lanes, ways, public passages, courts and places; and that it shall be lawful for the said mayor or aldermen, before whom such penalty shall be recovered, to order and direct any sum of money, not exceeding one quarter of the penalty, to be paid and applied to the use of such person as shall inform or prosecute in that behalf. LII. Provided nevertheless, and be it further enacted, That nothing herein contained shall extend or be construed to extend to hinder or prevent the said commissioners or assessors respectively from commencing and prosecuting any action or actions at law against any such contractors or contractor for or in respect of any breach of contract or covenant, so as such action or actions be not brought or commenced for or in respect of any particular breach of contract or covenant for which such contractor or contractors shall have been proceeded against as aforesaid. LIII. And be it further enacted, That if any person or persons shall wilfully take away, throw down, break or damage any lamp that now is or hereafter shall be set up for lighting any of the said squares, streets, lanes, ways, public passages, courts and places in the said town and liberty and lordship or precinct, or shall wilfully extinguish the light or lights within the same, or damage the iron posts or other furniture thereof, it shall be lawful for any person or persons whomsoever who shall see any of such offences committed to seize, and also for any other person or persons to assist in seizing, the offender or offenders, and by the authority of this and the said recited acts, and without any other warrant, to convey him, her or them and to deliver him, her or them to the custody of the watchmen or a peace officer, in order to be secured and conveyed before some justice of the peace of and for the said town and county, who shall proceed to examine upon oath (or being one of the persons commonly called quakers, upon affirmation) any credible witness or witnesses appearing or produced before him to give information touching any of the said offences; and if it shall happen that the party or parties accused shall be convicted of any of the said offences, either by his, her or their own confession, or upon the oath or oaths, affirmation or affirmations of any such witness or witnesses as aforesaid, then he, she or they being so convicted shall forfeit and pay any sum of money, not exceeding forty shillings, for each and every of such lamps so taken away, thrown down, broken or damaged, or for every light so extinguished as aforesaid, and moreover shall make full satisfaction to the said commissioners, or to such person as they shall appoint to receive the same, for the loss or damage so by him, her or them done or occasioned as aforesaid; and in case such offender or offenders shall not on conviction pay the said sum or sums so by him, her or them forfeited, and make such satisfaction as aforesaid, it shall be lawful for such justice of the peace aforesaid, and he is hereby required to commit the said offender or offenders to the common gaol or house of correction of the said town and county, there to be kept to hard labour for any space of time not exceeding one calendar month, and such offender or offenders shall not be discharged from thence before the expiration of the time for which he, she or they shall be so committed, unless such forfeiture or forfeitures and satisfaction shall be sooner paid and given. LIV. And be it further enacted, That in case any person or persons shall carelessly and accidentally throw down, break or damage any of the said lamps so set up, or hereafter to be set up as aforesaid, or the irons, posts or other furniture thereof, and shall not immediately upon demand for that purpose made by any person or persons who shall see such damage done, make satisfaction for the same, it shall be lawful for any person or persons whomsoever who shall see the said damage done to seize, as also for any other person or persons to assist in seizing, the person or persons doing such damage, and by the authority of this act, and without any other warrant, to convey, him, her or them to the custody of the watchman or a peace officer, in order to be secured and conveyed before some justice of the peace of and for the said town and county; or in case the said person or persons so doing such damage shall not be immediately seized and taken, it shall be lawful for any such justice of the peace as aforesaid to summon him, her or them to appear before him, and to proceed to examine upon oath or affirmation any one or more credible witness or witnesses who shall appear or be produced to give information touching such damage, and upon proof so made thereof, either in the presence of the said person or persons so doing such damage, or in his, her or their absence, provided he, she, or they hath or have been so summoned as aforesaid and doth or do not appear, to award such sum or sums of money by way of satisfaction for such damage as such justice shall think reasonable; and in case of the refusal or neglect of such person or persons to pay the said sum or sums of money so awarded, upon demand made for that purpose, to cause the same to be levied by distress and sale, and after discharging the said sum or sums of money so awarded, together with the costs and charges attending the said distress and sale, the surplus shall be paid to him, her or them respectively; and in case the person or persons so doing such damage shall have no goods and chattels within the said town and county, and shall upon demand made of such sum or sums of money, refuse or omit to pay the same, such justice is hereby required to commit him, her, or them to the gaol or house of correction of the said town and county for any space of time not exceeding one calendar month, and such person or persons so committed shall not be discharged from thence before the expiration of the time for which he, she or they shall have been so committed, unless the said sum or sums so awarded as aforesaid shall be sooner paid. 50 Geo. III. c. 41. Accidental LV. And whereas several of the squares, streets, lanes, ways, public Streets in Myton passages, courts and places which have within a few years last past been to be properly newly laid out in the said lordship or precinct of Myton have been paved paved, &c. in a partial manner by some of the owners or lessees of buildings and grounds therein, whilst other owners of buildings and grounds in the same have omitted to pave their proportion, and others of the said squares, streets, lanes, ways, public passages, courts and places, not being public highways nor repaired by the public highway act, by means whereof and the narrowness and bad state of the repairs of the said streets, squares, lanes, ways, public passages, courts and places, not only difficulty and danger attend the passing of persons, carts and carriages, through the same, but also, from the stagnant waters and filth therein, the same are nuisances 50 Geo. III. c. 41. and may materially affect the health of the inhabitants thereof; and in order that the streets, squares, lanes, ways, public passages, courts and places already made or built, as well as such as are now making or building and may be hereafter made or built, within the said lordship or precinct of Myton, and through and over which a dereliction of the way to the public shall have been made by the proprietor or owner may be properly flagged, paved, and cleansed, and that all annoyances, obstructions, nuisances, and encroachments therein may be removed, and the present and future drains, sinks, gutters, and watercourses for conveying the water and filth out of the said streets, squares, lanes, ways, public passages, courts and places into the common sewers or drains may be amended, repaired, cleansed, altered, and scoured, and new ones (if necessary) be made in such manner as the said commissioners shall think proper; Be it therefore further enacted, That all and every owner and owners, occupier and occupiers (such occupiers to be reimbursed by the owners) of houses, buildings, ground or land, within any of the said divisions or districts of the said lordship or precinct, whether the same shall be near or adjoining to or distant from any such streets, squares, lanes, ways, public passages, courts and places as hereinafter mentioned (but which owners or occupiers shall be respectively benefited thereby, and the liability thereto shall be ascertained in the manner hereinafter mentioned and directed) shall from time to time, at their own proper expence, within ten days next after a day to be expressed in a notice in writing given for that purpose by the said commissioners or their surveyor or surveyors for the time being (such notice being given or delivered or left at the dwelling-houses of such owners or occupiers respectively ten days at the least before the day to be therein expressed), set out and make or cause to be set out and made with good flag-stones a road or way for foot passengers, six feet of assize in breadth at the least, where any street, square, lane, way, public passage, court, or place shall be forty feet of assize in width, and where the same shall be of less width, then such flagged pavement shall be of such breadth as the said commissioners shall direct, next to and in the front of the houses or buildings in any such street, square, lane, way, public passage, court, or place, or of such ground or land adjoining thereto as shall be built upon or laid out for building, and in, through and over which a dereliction of the way for the public shall have been made by the owner or proprietor, and also behind and at the side of such houses, buildings, ground, or land, where the same shall also adjoin any other street, square, lane, way, public passage, court, or place, behind or at the side thereof; and shall also pave or cause to be paved with paving or cobble stones so much of the carriage-way of such street, square, lane, way, public passage, court, or place from the curb-stone of such flagged or foot-pathway into the middle, or, if the case shall require, to the extremity in breadth of such street, square, lane, way, public passage, court, or place, with such drains, gutters, sinks, or watercourses, grates or gratings, and, where the same shall happen not to be built upon or walled in, with such fences or guards, as the said commissioners shall think necessary; or if the said commissioners shall not deem it necessary that such street, square, lane, way, public passage, court, or place, shall be so flagged and paved, then such owner or owners, occupier or occupiers as aforesaid shall upon such notice make or cause the same to be made in such manner and of such materials, and with such drains, gutters, sinks or watercourses, grates or gratings, and where the same shall happen not to be built upon or walled in, with such fences or guards, as the said commissioners shall from time to time direct and require; and such owner or owners, occupier or occupiers shall from time to time and at all times afterwards, in every case where the same street, square, lane, way, public passage, court, or place, shall not be a thoroughfare, or shall be of less width than thirty feet, at his or their own proper expence, and on a like notice being given to him or her as aforesaid, repair, amend, raise, lower, alter, or place, or cause to be repaired, amended, raised, lowered, altered, or placed the flagging and pavement of the same, and in default thereof it shall be lawful for the said commissioners to cause to be paved, repaired, amended, raised, lowered, altered, made or placed accordingly; and in case any such owner or occupier shall cause any such flagging or pavement, drains, gutters, sinks, or watercourses, grates or gratings, to be done, repaired, amended, lowered, altered, made, or placed otherwise than according to the direction, requisition, or manner, for that purpose expressed in such notice or notices, then it shall be lawful for the said commissioners to cause such pavement, flagging, drains, gutters, sinks, watercourses, grates or gratings (as the case may be) to be taken up and relaid, made or placed agreeable to such direction and requisition, or in such other manner as the said commissioners shall think proper or direct; and the charges and expences attending or relating to the taking up and underlaying, making or placing the same as aforesaid, shall be reimbursed to such commissioners by such owner or occupier making default as aforesaid, or causing the several matters and things aforesaid to be done contrary to such direction and requisition or manner as aforesaid; and such charges and expences respectively shall be levied by distress and sale of the goods and chattels of such owner or occupier, in like manner as the rates hereinbefore directed or required to be raised and levied are directed to be recovered, the overplus (if any) of the monies to arise thereby, after deducting such charges and expences as aforesaid, and also the costs and expences attending such distress and sale, being returned to such owner or occupier on demand. LVI. Provided always, and be it further enacted, That it shall and may be lawful to and for the said commissioners and they are hereby required to cause the road or way called Pinfold Lane, within the said lordship or precinct, extending from the north end of a certain lane called Love Lane, westward to a bridge at the east end of a lane called Patrick Ground Lane, and from thence northward to the turnpike road leading from Kingstonupon-Hull aforesaid to Anlaby, or so much and such parts or part thereof as to the said commissioners shall from time to time seem meet and necessary, to be flagged and paved, or otherwise made and completed in manner aforesaid; and the expence and charge thereof shall be paid and borne by and out of the several assessments to be raised and levied by virtue of this act, upon all the districts of the said lordship or precinct collectively, and the owners and occupiers (such occupiers to be reimbursed by the owners) of the lands, houses, buildings, tenements and hereditaments within the said lordship shall pay and contribute towards the same rateably and in proportion to the annual worth or value of their respective lands, houses, buildings, tenements and hereditaments, as hereinbefore mentioned. LVII. And be it further enacted, That when any of the streets, squares, lanes, ways, public passages, courts and places which are already laid out and made, or which shall hereafter be laid out and made in the said lordship or precinct as aforesaid (the same being thoroughfares, or of the width of thirty feet at the least) shall be well and sufficiently flagged and paved with such good and substantial sea-cobbles, or otherwise made and put in good order and repair to the satisfaction of the said commissioners, it shall be lawful for the said commissioners and they are hereby empowered from time to time to declare the same to be public highways, and by writing under their hands directed to the surveyor of the highways of the said lordship or precinct where such streets, squares, lanes, ways, public passages, courts and places are or shall be so laid out and made, as the case may be, to order such surveyor to repair and keep in good condition all such streets and ways in the same manner, to all intents and purposes, as the other highways in the said lordship or precinct are respectively paved, flagged and repaired, and kept in order under the laws now in being, concerning highways in general; and from and after such declaration made and ordered, the same and every of them shall be deemed and taken to be public highways, to all intents and purposes, and repaired and kept in repair by the inhabi tants of the said lordship or precinct in the same manner as and in all respects be subject to the laws now in being concerning highways in general. LVIII. And be it further enacted, That the present and future footways and carriage-ways of or belonging to any bridge or public building now making or building, or which shall hereafter be made or built within the said lordship or precinct, shall be paved and kept in repair at the expence of the person or persons in whom such bridge or public building is or shall for the time being be vested, and that the present and future footways and carriage-ways of or belonging to, or before, behind, and at the side of any bridge or building now made or erected, or which shall or may hereafter be R 50 Geo. HI. c. 41. Pinfold Lane to be paved or made sioners under a by the Commisgeneral Assess ment of Myton. Thoroughfares and Roads thirty The Pavements www 50 Geo. III. c. 41. Irregular Commissioners authorized to compound for Paving and Flagging. made or erected within the said lordship or precinct, and set apart or used for the amusement of the inhabitants thereof, or of the town of Kingston. upon-Hull or of the public in general, shall be paved and kept in repair at the expence of the owners and proprietors thereof for the time being, and that the present and future footways and carriage-ways of or belonging to, or before, behind, and at the side of any church or chapel now made or built, or making or building, or which shall hereafter be made or built within the said lordship or precinct in ease of the parish church of the Holy Trinity, and the church-yard or burial ground belonging to such church or chapel of ease, and belonging to the said parish, shall be paved and kept in repair at the expence of the churchwardens of the said parish; but if such church or chapel, or burial ground shall be built or made by any private person or persons, then the same footways and carriage-ways shall be paved and kept in repair by the owner or proprietor, owners or proprietors for the time being of the same church or chapel, or burial ground; and that the present and future footways and carriage-ways of or belonging to, before, behind, or at the side of any dissenting meeting-house or meeting-houses, chapel yard or burial place or ground now made or built, or making or building, as well as such as shall hereafter be made or built within the said lordship or precinct, shall be paved and kept in repair at the expence of the respective ministers and deacons or other persons usually officiating therein, or having the care or management of the same; and all the same footways and carriage-ways, and the flagging and paving thereof, shall be made, flagged, paved, repaired, amended, cleansed, lighted and watched, and be subject to the same regulations and penalties respectively, and such penalties shall be recovered respectively in the same manner as is and are herein before expressed, provided and inflicted concerning or with respect to the other footways and carriage-ways in or of the streets, squares, lanes, ways, publicpassages, courts and places now made or built within any part of the said lordship or precinct of Myton. LIX. And whereas by experience it has been found that the irregular laying out of streets and places in the said lordship or precinct of Myton, as to the level thereof, according to the caprice of each particular owner of the lands by whom the same have been so laid out, has been attended with great inconvenience to heavy laden carts and carriages passing through such streets and places, and the property itself of such owners adjoining thereto has in consequence been materially injured in value; Be it therefore further enacted, That from and after the passing of this act it shall not be lawful for any person who shall hereafter lay out any street, square, lane, way, public place, court or passage in the said lordship or precinct, through and over which a dereliction of the way to the public is or shall be intended to be made by the proprietor or owner, to execute the same in respect of the level thereof in any other manner than as the said commissioners shall direct. LX. And whereas it may be the means of greatly forwarding the good purposes intended by this act if builders or other owners or occupiers of lands or houses in such streets, squares, lanes, ways, public passages, courts and places now or hereafter to be erected and built or laid out for building within the said lordship or precinct, as shall or may be required and ought to be paved according to the powers and provisions of this act, were to pay to the said commissioners such sum or sums of money towards the flagging and paving of the same as is or are hereinafter directed; Be it therefore enacted, That it shall and may be lawful for the said commissioners to view and inspect any of the said streets, squares, lanes, ways, public passages, courts and places which now are or hereafter may be built or building upon or within the said lordship or precinct, and through and over which a dereliction of the way to the public shall have been made by the owner or proprietor, and if upon such view they shall be of opinion that the same or any part or parts thereof is or are fit and proper to be paved as herein before expressed, and that it will be more eligible and advantageous to the public and promote the purposes of this act that the same should be compounded for, at any meeting held after such view to order their surveyor or surveyors, or other person or persons by them appointed for that purpose, to give notice to the owner or owners, occupier or occupiers of any lands, grounds, house or houses, or other building or buildings or hereditaments in the said |