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lordship or precinct near or adjoining to or distant from any of the said 50 Geo. III. streets, squares, lanes, ways, public passages, courts and places who shall be benefited thereby or liable thereto as aforesaid, or if no such owner or
C. 41. owners, occupier or occupiers can be found, then to affix such notice against the said premises on any conspicuous part thereof, which said notice shall require such owner or owners, occupier or occupiers to meet such commissioners at the time and place therein mentioned (such time not being less than fourteen days from the date of such notice) to compound for the paving and flagging thereof, at such sum for every square or running yard (as the case may require) of such flagging and pavement as shall for the time being, situation and circumstances considered, be deemed fair and equal, which composition the said commissioners are hereby authorized to make; and if such owner or owners, occupier or occupiers shall not attend, or shall not compound or agree with the said commissioners as aforesaid, then it shall be lawful for the said commissioners to order the same to be paved as soon as conveniently may be; and the several charges and ex. pences attending such paving shall be recovered against such respective owner or owners on plaint or information in any of his Majesty's Courts of Record at Westminster, in the name of the clerk to the said commissioners for the time being in which action or suit no protection, essoign, or wager of law, por more than one imparlance shall be allowe
LXI. And whereas great inconveniences have been experienced for want Drains and of a sufficient number of public drains or common sewers in the said town Sewers to be of Kingston-upon-Hull arid liberty of Trippett, and lordship or precinct of made. Myton, or for want of the public drains and common sewers therein being properly cleansed, scoured and regulated, and from the continual increase of buildings in the said lordship or precinct, still greater inconveniences are likely to arise if provision be not made to prevent the same; and whereas in several of the streets, squares, lanes, ways, passages, courts and places already laid out and hereafter to be laid out in the said town and liberty, and lordship or precinct, the making of public drains or common sewers therein will be of no avail, unless power be given to carry on and continue such drains or sewers through lands which at present are not and in future may not be in the like state of improvement; Be it therefore enacted, That it shall be lawful for the said commissioners to cause such and so many new drains or sewers of such materials, dimensions and forms, and of such depths as they may think sufficient and necessary, to be dug and made in and along, or across any of the present or future streets,* squares, lanes, ways, public passages, courts and places in the said town and liberty, and lordship or precinct, and also any of the public drains and common sewers which now are or hereafter shall be within the said town and liberty and lordship or precinct, to be enlarged, widened, deepened, raised, altered, removed, repaired, cleansed and scoured when and so often as to them the said commissioners shall seem meet; and if necessary to complete the same, then to carry on and continue the same sewers or drains through any lands and grounds lying within the same town and liberty, and lordship or precinct, although such lands or grounds or any part thereof shall not at that time be in a state of improvement by the same or any part thereof being laid out for building upon; and also to cause such and so many grates or openings to be made in such parts of the said sewers or drains as shall lie or be under such streets, squares, lanes, public passages, courts and places for carrying and conveying off the filth and foul or other water from the houses and other buildings, built or to be built, and the lands adjoining to such streets, squares, lanes, public passages, courts or places in the said town and liberty, and lordship or precinct, into the said public sewers and drains as the said commissioners shall and may think necessary and expedient for that purpose ; and they are hereby empowered to charge all the several owners of houses, buildings and lands, whether the same be immediately adjoining to or be distant from such sewers or drains, (provided such houses, buildings and lands be respectively benefited by such sewers or drains) with payment of such sums of money as shall be by them the said commissioners so laid out and expended in and about the making of such sewers and drains; provided always, that if any owner or owners of lands or grounds through or over which any common drain or sewer to be
* See 28 Geo. Il c. 27, s. 18, page 78, ante.
50 Geo. III. made and dug by the said commissioners shall be continued as aforesaid,
and which same lands or grounds shall not be then laid out for building upon, shall be injured or damnified thereby, and such owner or owners shall refuse to treat or cannot agree with the said commissioners for satisfaction for the same, then the said commissioners shall make and give to such owner or owners respectively such recompence or conipensation for the injury or damage by him, her or them sustained, as a jury to be summoned
as hereinafter mentioned shall assess and award. Liability of
LXII. And be it further enacted, That tbe liability and proportion of Owners, &c. to the respective owners or occupiers of lands, houses, buildings, tenements or contribute, how hereditaments, which shall or may be benefited by all or any of the purto be ascertained.
poses of this act, of and to the rates and assessments or charges and expences of effecting the same as aforesaid shall be fixed by the following rules; (that is to say) that when and as soon as any of the improvements and alterations, or other object or purpose intended to be carried into effect under and by virtue of this act, shall be ordered and directed by the said commissioners, the said commissioners shall appoint seven disinterested persons, to be approved by the mayor of the said town for the time being, to whom shall be joined the surveyor for the time being of the said commissioners, and those seven before they shall proceed to the execution of their office shall be sworn before the mayor for the time being of the said town duly and truly to execute such office; and that then the same persons shall with all convenient speed proceed to examine and determine which of the before named owners or occupiers of houses, buildings, lands or grounds then are or thereafter may be benefited by each such respective improvement and alteration, or other object or purpose so ordered and directed to be made as aforesaid, and in the next place shall ascertain and fix what part of the whole expences of each such respective improvement and alteration or other object and purpose (in case the same are not hereby otherwise directed to be raised and levied by a general rate or assessment as aforesaid) such owners or occupiers so to be benefited shall respectively pay, so that in and by such apportionment the whole of the said expences may be raised and paid or reimbursed to the said commissioners; and that the determination of any five or more of the said persons being committed to writing and signed by such five or more shall be binding (but subject to appeal as hereinafter mentioned,) provided such their determination be made within three calendar months from their original appointment, and that if no determination shall be made within that period then the commissioners shall have the like power, toties quoties, of appointing a like number of persons to be joined with their surveyor and to be so approved to qualify by oath, and be invested with the powers and authorities hereinbefore mentioned; and on refusal or non-payment of such charges and expences (not being raised and levied by a general rate or assessment as aforesaid) by such respective owners or occupiers in the proportions so to be ascertained to the treasurer for the time being of the said commissioners, then upon ten days notice in writing being given by such treasurer to such owners or occupiers, or left at their, his or her last or usual place of abode, and upon their, his or her nonpayment, two of his Majesty's justices of the peace for the said town and county may and they are hereby authorized and required, on information thereof on oath by the said treasurer or the collector for the district wherein the premises in question for which such refusal shall be made are situate, by a warrant or warrants under their hands and seals, to cause such money to be levied by distress and sale of the goods and chattels of such person or persons respectively; and if no goods or chattels of such person or persons can be found sufficient to answer and satisfy the said money and the charges of distraining for the same, then and in any of the cases aforesaid such justices shall and may and are hereby empowered to commit any such offender to the common goal or house of correction for the said town and county, there to remain without bail or mainprize until he shall pay the same, together with the costs and charges of recovery, or until he shall compound with the said commissioners and shall have paid such composition in such manner as they shall appoint, which composition the said commissioners are hereby empowered to make; provided always, that no person who shall be committed for want
of sufficient distress shall be kept or detained in prison for any longer 50 Geo. III. space of time than three calendar months.
c. 41. LXIII. And be it further enacted, That in case any lands, houses, build. ings, tenements or hereditaments which shall be deemed or judged to be benefited by and liable to contribute to the expence of making, paving, Ground unor flagging any of the streets, squares, lanes, ways, public passages, courts occupied to and places within the said lordship or precinct, or the making or altering continue charged
with the Rates. any of the drains and sewers in the said town and liberty, and lordship or precinct as hereinbefore mentioned, shall happen to be unoccupied, whereby no distress can be made or taken for the proportion of the expences to or with which the same are or shall be liable or charged, and which shall not be paid by the landlord or proprietor thereof, shall be and continue a charge and incumbrance thereupon, and shall be recovered and taken of and from any future tenant or occupier thereof by distress, or by such other ways and means as are herein before directed for the recovery of any rates and assessments to be laid and imposed under and by virtue of this act as shall be unpaid, as if such future tenant or occupier thereof had actually held and enjoyed such lands, houses, buildings, tenements and heredita. ments at the time when such expence was incurred by virtue of this act; and every such future tenant or occupier shall and is hereby authorized and empowered to deduct and retain, by and out of his or their rent, all such sum and sums of money as he or she shall actually pay for or on account of such expence, with the costs and charges sustained by reason of the non-payment thereof, and such distress for the recovery of the same.
LXIV. Provided always, that in case there shall be any deficiency in the Commissioners sum or sums to be apportioned, raised and paid for all or any of the pur. may take De.
ficiencies out of poses not hereby provided for, by or out of any general rate or assessment
the Rates pro as aforesaid, the said commissioners shall and may reimburse themselves tempore. by and out of the rates or assessments of the particular district wherein the premises in question for and in respect of which such deficiency shall be occasioned shall lie or be situate, and the same when made good and recovered as aforesaid shall be refunded to the account of the said district.
LXV. And be it further enacted, That it shall be lawful for any person Private Drains. or persons whomsoever at any time or times hereafter, at his, her and their own expence, to make and branch any private drain or drains into any of the said public sewers or drains made or to be made by virtue of this act; provided always, that every such private drain or drains shall be so made and branched, under the direction of the said commissioners or surveyor, upon pain that every person making any private drain without the know. ledge or contrary to the direction of the said comnissioners or their surveyor, shall for every offence forfeit and pay the sum of five pounds, over and besides the expences of altering and removing any such private drain according to the directions of the said commissioners or their surveyor, which they and he are and is hereby authorized to alter and remove; such expences and penalty to be recovered by information before a justice of the peace for the said town and county, and levied by distress and sale of the goods and chattels of the offender or offenders, in the same manner as is herein before directed with respect to other penalties to be recovered before a justice of the peace.
LXVI. And be it further enacted, That if the said commissioners or any for purchasing five or more of them shall adjudge or determine that any buildings, bulks, Premises to
render Streets, steps or any other encroachments which shall project into or obstruct the
&c, more com passage of the said streets, squares, lanes, vays, passages or places within modious. the said town and liberty, and lordship or precinct, or that by taking down the same or any part thereof, or that by obtaining and taking in any piece or parcel of ground the said streets, squares, lanes, ways, passages and places, or the entrances thereto, may be widened, altered or improved; it shall be lawful for the said commissioners or any five or more of them, in pursuance of an order made at a public meeting to be held for that purpose, of which fourteen days notice at least shall be given, and placed upon or against the Guildhall of the said town, to treat and agree with the several owners and occupiers and all persons whomsoever, for the purchase of, and to purchase such buildings, bulks, steps or other encroachments which may be thought necessary to be taken down or removed, or such pieces or parcels of ground respectively, so as to render the same streets, squares, lanes,
50 Geo. III. ways, passages and places more commodious, and to pay for the same such
sum and sums of money as shall be agreed upon by the said commissioners, c. 41.
or any five or more of them, and the persons interested therein, out of the money to arise by the rates and assessments hereby directed to be levied, and to take down such buildings, hulks, steps or other encroachments, and throw the sites thereof, and also such pieces or parcels of ground so to be purchased as they the said commissioners sball think proper, into the said
streets, squares, lanes, ways, passages and places. Enabling inca.
LXVII. And be it further enacted, That it shall be lawful for all bodies pacitated Persons politic, corporate or collegiate, corporations aggregate or sole, and all to sell.
feoffees in trust, executors, adıninistrators, guardians and other trusteez whomsoever, and for all femes covert and other persons whomsoever seised, possessed of, or interested in any such buildings, bulks, steps, encroachments, lands and grounds, or other hereditaments wanted or required for the purposes of this act, to sell and convey the same accordingly; and in case of their refusal or being prevented or declining to treat and agree, or to sell or convey the same as aforesaid, or not making out a clear title thereto, or in case any owner or owners of lands or grounds not being then laid out for buildings, through or over which any common drain or sewer shall be carried or continued as aforesaid shall be injured or damnified thereby, and refuse to treat or cannot agree with the said commissioners for satisfac. tion for the same, that a jury shall be summoned, and all proceedings had thereupon in like manner and form, and under the like provisions and regulations,* in case the parties or any of them shall refuse to treat or agree concerning the premises, and in all other matters relating thereto, as are directed and provided in and by the said recited act of the twenty-third year of the reign of his present Majesty with respect to the lands, tenements and hereditaments purchased for the purpose of building a new gaol pur
suant to the said recited act. For investing LXVIII. And be it further enacted, That if any money shall be agreed to Purchase
be paid for any lande, tenements, buildings or other hereditaments purMonies of 200£,
chased, taken or used by virtue of the powers of the said recited act for the purposes thereof, or of this act, which shall belong to any corporation, feme covert, infant, lunatic or person or persons under any disability or incapacity as aforesaid, such money shall, in case the same shall amount'to the sum of two hundred pounds, with all convenient speed be paid into the Bank of England in the name and with the privity of the Accountant General of the High Court of Chancery, to be placed to his account ex parte the commissioners for executing the said recited acts and this act, to the intent that such money shall be applied under the direction and with the approbation of the said court, to be signified by an order made upon a petition to be preferred in a summary way by the person or persons who would have been entitled to the rents and profits of the said lands, tenements, buildings or other hereditaments in the purchase of the land tax, or towards the discharge of any debt or debts, or such other incumbrances or
thereof as the said court shall authorize to be paid. affecting the same lands. tenements, buildings or other hereditaments, or affecting other lands, tenements, buildings or other hereditaments, standing settled therewith to the same or the like uses, intents or purposes; or where such money shall not be so applied, then the same shall be laid out and invested, under the like direction and approbation of the said court, in the purchase of other lands, tenements, buildings or other hereditaments which shall be conveyed and settled to, for and upon such and the like uses, intents and purposes, and in the same manner as the lands, tenements, buildings or other hereditaments which shall be so purchased, taken or used as aforesaid stood settled or limited, or 'such of them as at the time of making such conveyance and settlement shall be existing undetermined and capable of taking effect; and in the mean time and until such purchase shall be made, the said money shall, by order of the Court of chancery upon application thereto, be invested by the said Accountant General in his name in the purchase of three pounds per centum consolidated or three pounds per centum reduced bank annuities; and in the meantime and until the said annuities shall be ordered by the said court to be sold for the purposes aforesaid, the dividends and annual produce of the said consolidated or reduced bank annuities shall from time to time be paid by order of the said
* For these Provisions and Regulations see 23 Geo. III. c. 55, s. 9; title, "Gaol Act."
court to the person or persons who would for the time being have been 50 Geo. III. entitled to the rents and profits of the lands, tenements, buildings or other
C. 41. hereditaments so hereby directed to be purchased, in case such purchase or settlement were made.
LXIX. Provided always, and be it further enacted, That if any money so for investing agreed to be paid for any lands, tenements, buildings or other beredita. Purchase Money ments purchased, taken or used for the purposes aforesaid, and belonging if less than 200£. to any corporation or any person or persons under disability or incapacity as aforesaid, shall be less than the sum of two hundred pounds and shall exceed the sum of twenty pounds, then and in all such cases the same shall, at the option of the person or persons for the time being entitled to the rents and profits of the lands, tenements, buildings or other hereditaments so purchased, taken or used, or of his, her or their guardian or guardians, com. mittee or committees in case of infancy or lunacy, to be signified in writing under their respective hands, be paid into the bank with the privity of the said Accountant General of the High Court of Chancery and be placed to his account as aforesaid, in order to be applied in manner hereinafter directed; or otherwise the same shall be paid, at the like option, to two trustees to be nominated by the person or persons making such option and approved of by five or more of the said commissioners (such nomination and approbation to be signified in writing under the hands of the nominating and approving parties,) in order that such principal money and the dividends arising therefrom may be applied in manner hereinbefore directed, so far as the case be applicable, without obtaining or being required to obtain the direction or approbation of the court of chancery.
LXX. Provided also, and be it further enacted, That where such money. Sum less than so agreed to be paid as next before mentioned shall be less than the sum of 20£. twenty pounds, then and in all such cases the same shall be applied to the use of the person or persons who would for the time being be entitled to the rents and profits of the lands, tenements, buildings or other heredita. ments, so purchased, taken or used for the purposes of the said recited acts and of this act, in such manner as the said commissioners or any five or more of them shall think fit, or in case of infancy or lunacy then to his, her or their guardian or guardians, committee or committees, to and for the use and benefit of such person or persons so entitled respectively.
LXXI. And be it further enacted, That in case the person or persons to For making whom any sum or sums of money shall be agreed to be paid for the purTitles to Pre
mises sold to the chase of any lands, tenements, buildings or hereditaments, to be purchased Commissioners by virtue of the said recited acts and this act, shall not be able to make a good title to the premises to the satisfaction of the said commissioners, it shall and may be lawful for any five or more of the said commissioners to order the said sum or sums of money so agreed for to be paid into the bank of England in the name and with the privity of the Accountant General of the Court of Chancery, to be placed to his account to the credit of the parties interested in the said lands, tenements, buildings or hereditaments [describing them,] subject to the order, control and disposition of the said court of chancery, which said court of chancery, on the application of any person or persons making claim to such sum or sums or money or any part thereof by motion or petition, shall be and is hereby empowered in a summary way of proceeding or otherwise as to the said court shall seem meet, to order the same to be laid out and invested in the public funds, and to order distribu. tion thereof or payment of the dividends thereof according to the respective estate or estates, title or interest of the person or persons making claim thereunto, and to make such other order in the premises as to the said court shall seem just and reasonable and the cashier or cashiers of the bank of England; who shall receive such sum or sums of money, is and are hereby required to give a receipt or receipts for such sum or sums of money, mentioning and specifying for what and for whose use the same is or are received, to such person or persons as shall pay any such sum or sums of money into the bank as aforesaid.
LXXII. Provided always, and be it further enacted, That where any Persons in Posquestion shall arise touching the title of any person to any money to be session to be paid into the bank of England in the name and with the privity of the
possessed. Accountant General of the Court of Chancery in' pursuance of this act, for the purchase of any lands, tenements, buildings or hereditaments, or of any