50 Geo. III. c. 41. Provision in case Commissioners not to interfere with Dock Company's Drains, &c. Nuisances. Scavengers Duty. estate, right or interest in any lands, tenements, buildings or hereditaments to be purchased in pursuance of this act and the said recited acts, or to any bank annuities to be purchased with any such money, or the dividends or interest of any such bank annuities, the person or persons who shall have been in possession of such lands, tenements, buildings or hereditaments at the time of such purchase, and all persons claiming under such person or persons, or under the possession of such person or persons, shall be deemed and taken to have been lawfully entitled to such lands, tenements, buildings or hereditaments according to such possession, until the contrary shall be shewn to the satisfaction of the said court of chancery; and the dividends and interest of the bank annuities to be purchased with such money, and also the capital of such bank annuities, shall be paid, applied and disposed of accordingly, unless it shall be made appear to the said court that such possession was a wrongful possession, and that some other person or persons was or were lawfully entitled to such buildings, lands, tenements, or bereditaments, or to some other estate or interest therein. LXXIII. Provided also, and be it further enacted, That where by reason of any disability or incapacity of the person or persons, or corporation entitled to any lands, tenements, buildings or hereditaments to be purchased under the authority of the said recited acts and this act, the purchase money for the same shall be required to be paid into the court of chancery, and to be applied in the purchase of other lands, tenements, buildings or hereditaments to be settled to the like uses in pursuance of the said recited acts and this act, it shall and may be lawful to and for the said court of chancery to order the expences of all purchases from time to time to be made in pursuance of this act, or so much of such expences as the court shall deem reasonable, to be paid by the said commissioners out of the monies to be received by virtue of the said acts and this act, who shall from time to time pay such sums of money for such purposes as the said court shall direct. LXXIV. Provided always, and be it further enacted, That nothing contained in this act shall authorize or empower the said commissioners to alter, change, divert, or in any respect interfere with the public highways or streets, drains or sewers made or to be made in the said town and liberty, and lordship or precinct, by the dock company at Kingston-upon-Hull. LXXV. And be it further enacted, That no person or persons shall throw, cast or lay, or cause to be thrown, cast or laid any dirt, dust, dung, ashes, snow or other filth whatsoever in or upon any street, square, lane, way, public passage, court or place in the said town and liberty, and lordship or precinct, or any of the rivers, brooks or watercourses, drains or sewers within the same (except the dirt, dust, dung, ashes and filth to be collected together by the scavengers to be employed by virtue of this act or the said recited acts, and which shall be removed as hereinafter directed, and except as next hereinafter mentioned) but shall and he, she and they is and are hereby required to keep or cause the same to be kept in their respective houses or yards until the scavenger or other officer thereto appointed shall come by or near their houses or doors with a cart or carts or other conveyances to carry away the same. LXXVI. And be it further enacted, That the scavenger or scavengers, or other person or persons employed or contracting for cleansing the said town and liberty, and lordship or precinct respectively, under or by virtue of this act or the said recited acts, shall twice in every week, or oftener if the said commissioners shall so direct, and on such days and times as the said commissioners shall appoint, cause all and every the flagged or foot pavements of the streets, squares, lanes, ways, passages, courts and places within the said town and liberty, and lordship or precinct, to be thoroughly washed, swept and cleansed, and shall bring or cause to be brought a cart or carts or other conveyance, into all the streets, squares, lanes, ways, public passages, courts and places within the said town and liberty, and lordship or precinct where such cart or carts or other conveyances can pass, and shall at or before their approach by sound of bell, loud voice or otherwise give notice to the inhabitants of his or their coming, and give the like notice in every court, passage or place into which the said cart or carts or other conveyances cannot pass and abide, and stay there a convenient time, to the intent that all dirt, dust, dung, snow, ashes and other filth (except filth from any privy or necessary-house) may be taken and carried away from the respective houses and premises by the scavenger or other person or persons as aforesaid, and put into such cart or carriage; all which dirt, dung, snow, ashes, and other filth (except as aforesaid,) as well as all such dirt, dust, dung, ashes, snow and other filth as shall be swept up and collected together as shall lie or be thrown into the said streets, squares, lanes, ways, public places, courts or passages or any of them as aforesaid, the said scavenger or other officer appointed for that purpose shall immediately or as soon as may be carry away, or cause to be carried away to the place or places appointed for depositing the dirt, dust, dung, snow, ashes and filth of the said town under or by virtue of the said recited acts or any of them upon pain of forfeiting any sum not exceeding forty shillings for every such offence or neglect; and every person acting as such scavenger for the time being shall cause the words "Scavengers cart" to be painted in large roman letters on the front or other conspicuous place of their carts or carriages used for the purposes aforesaid, on pain of forfeiting any sum not exceeding five shillings for any such neglect therein; and no person or persons whomsoever shall take and carry away, or cause to be taken and carried away any dirt, dust, ashes, snow or other filth, so to be swept up, gathered and collected as aforesaid, besides such scavenger or other officer to be appointed by the said commissioners for that purpose as aforesaid, except and unless the same shall be taken and carried away by the person or persons to whom the same shall respectively belong, either for his, her or their own use, or by his, her or their order or direction, before the time that such scavenger or other officer as aforesaid shall come to carry away the same. LXXVII. And be it further enacted, That the assessors appointed or to be appointed under or by virtue of the said recited acts shall cause the scavenger or scavengers to be employed by them for cleansing and sweeping the said town and liberty effectually to cleanse and sweep the market-place of the said town in the evening of every market-day (that is to say,) on Tuesday and Friday in every week after nine of the clock in the evening, over and above the usual and accustomed times of sweeping and cleansing the same as heretofore or along with the other streets of the said town, and to cause the filth and refuse to be forthwith taken and carried away; and it shall and may be lawful to and for the commissioners appointed by this act and for the said assessors respectively to cause all or any of the streets, squares, lanes, ways, public places, courts or passages within the said town and liberty, and lordship or precinct, to be watered during the summer season as often as they shall think fit, and the expences thereof shall be defrayed by and out of the monies to be raised by virtue of this act. 50 Geo. III. c. 41. Market-Place to be swept in the evening of every Market-day. LXXVIII. And be it further enacted, That no inhabitant of the said town Time of reand liberty, lordship or precinct, or any other person, shall permit or suffer moving Dung any dirt, dust, dung, ashes, snow or other filth as aforesaid, or the filth of and Filth. any necessary or privy, or any blubber or the refuse of any ship or vessel lying in the docks or harbour, by them or any of them brought out in order to be loaded or carried away for their own use only, to continue or remain any longer time than from sun-set to sun-rise before the same shall be carried away; and no scavenger or dustman, soilman or other person shall collect or carry away the same before five of the clock nor later than eight of the clock in the morning in any season of the year, nor at any time upon a market-day, on pain of forfeiting any sum not exceeding ten shillings for every such offence. LXXIX. Provided always, and be it further enacted, That no person shall be subject to the last-mentioned penalty for any rubbish or dirt occasioned by the building or pulling down of any building, or by the rebuild ing or repairing of any house or other building, so as there be convenient space left in the street, square, lane, way, passage, court or place where such rubbish or dirt shall be for carriages to pass and repass, and a sufficient way kept clear for foot passengers, by the person or persons laying or occasioning such rubbish or dirt to be laid; nor for the making up of lime into mortar in any of the said streets, squares, lanes, ways, public passages, courts or places, so as such space be left for foot passengers and carriages, and so as such lime be inclosed before such house or building about which the same is to be used, and so as the owner or owners of such house or S Last mentioned Penalty not to extend to Ruboccasioned by building or repairing. bish or Dirt 50 Geo. III. c. 41. Sponts to be fixed for carrying off the Water from the Roofs of Houses, &c. No Cellar-holes to be allowed. Hords or Fences to be erected where buildings are taken down, crectin, or repairing. Lights to be fixed for preventing Accidente. building before which such lime or rubbish shall lie shall cause the same, with the hord or fence by which the same shall be inclosed, to be removed at his, her or their own costs and charges within a reasonable time, or upon notice in writing for that purpose being given to him, her, or them, or left at his, her or their house or building where such rubbish or lime shall be, signed by the said commissioners or their surveyor. LXXX. And be it further enacted, That from and after the first day of July next, the water on the roofs of all houses and buildings now or hereafter to be built in the said town and liberty, and lordship or precinct, shall be effectually conveyed by proper spouts and pipes into the main drain or sewer of the street, square, lane, way, passage, court, or public place, and the same spouts and pipes shall be made and continued, kept and repaired by the owners or occupiers (such occupier to be reimbursed by the owner) of such houses and buildings; and if any such owner or occupier shall neglect or refuse to make and fix such spouts and pipes for thirty one days after he shall be required to make and fix the same by the surveyor of the said commissioners, by notice in writing delivered to him or left at his dwelling-house or usual place of abode, such owner or occupier shall forfeit and pay for every day's neglect or refusal any sum not exceeding forty shillings. LXXXI. And be it further enacted, That no person shall have or make any cellar-window, cellar-steps, cellar-door, cellar-hole, cellar-grate, stepway or hatch-way leading or giving light into any cellar kitchen or other place under ground of any house or other building adjoining or near to, or in any of the present or future streets, squares, lanes, ways, public passages, courts or places within the said town and liberty and lordship or precinct, in or upon the footway, flagged or other pavement thereof. LXXXII. And, for the prevention of injury or bodily harm to persons passing through the streets, squares, lanes, ways, public places, courts and passages of the said town and liberty, and lordship or precinct, Be it further enacted, That all persons whomsoever who have already caused to be taken down or partly taken down, or who at any time or times hereafter shall take down or begin to take down any house or other building whatsoever within the said town and liberty, and lordship or precinct, or cause the same to be so done, or who shall alter or repair, or begin to alter or repair the outward or external parts or part of any such house or other building, or cause the same to be so done, shall and they are hereby respectively required, immediately after notice in writing for that purpose from the surveyor for the time being of the said commissioners, to cause one or more proper and sufficient hord or fence, or hords or fences, in such manner as shall be directed in such notice, to be erected and set up to guard all such houses and other buildings and the ground whereon any such houses or other buildings stood respectively, from the street, square, lane, way, public place, court or passage near thereto, and shall continue such hord or fence, hords or fences standing and in good condition during such time only as the said surveyor shall judge necessary for the public safety and as he shall order and direct; and if any such person or persons shall after such notice respectively refuse or neglect to erect and set up any such hord or fence, or hords or fences as aforesaid, or shall not continue the same standing and in good condition as aforesaid, or shall not take down or remove the same as soon as required so to do by the said surveyor, or shall not whilst the said fences or hords are standing, keep the same sufficiently lighted in the night, if so required by the said surveyor, then and in any of the said cases every such person shall for every such offence forfeit and pay any sum not exceeding five pounds, and in case of such refusal or neglect it shall and may be lawful for the said surveyor to cause any such house or houses, building or buildings, ground or grounds to be well and sufficiently fenced in, or the fence already erected and set up to be well and sufficiently repaired, as the case shall require, and such fence or fences to be continued as aforesaid, and during their continuance to be lighted as aforesaid, and then and in such case the person or persons so refusing or neglecting shall pay all charges and expences of such fencing or repairing, upon demand made, to the said commissioners, to be recovered by action with costs of suit. LXXXIII. And be it further enacted, That if any stones, timber, mortar, rubbish, materials or other things shall be laid or placed, or any hole, opening or excavation of what nature or kind soeve shall be made in or near to any of the streets, squares, ways, lanes, passages, courts or public places already made, or which shall hereafter be made within the said town and liberty, and lordship or precinct, for any purpose whatsoever, the owner of such stones, materials or other things, or person or persons causing such hole, opening or excavation as aforesaid to be made, shall (if required by the surveyor appointed by the said commissioners) at his, her or their own expence cause a light to be affixed in or near the same respectively for securing passengers from accidents, and continue the same every night from sun-setting to sun-rising during the time such stones or other materials, hole, opening or excavation shall remain, and also, if the said surveyor shall think proper and direct shall at his, her or their own expence cause such stones, materials or other things, hole, opening or excavation, as the case may be, to be fenced and inclosed in such manner as such surveyor shall think proper, and continued so fenced and inclosed until the stones, materials or other things, hole, opening or excavation, as the case may be, shall be removed or filled up respectively, and in default thereof shall forfeit and pay any sum not exceeding five pounds for every day and night such nuisance shall be continued; and the said surveyor, on such default being made, is hereby empowered to cause such light to be affixed, and to fence and inclose such stones, materials, holes, openings and excavations, and continue the same so fenced and inclosed, and charge such owners or other person or persons as aforesaid with the expences thereof respectively, and to recover from time to time such expences with costs of suit by action in the name of the said commissioners, which may be brought by the clerk to the said commissioners in any of his Majesty's courts of law at Westminster, or in the court of record or court of requests at Kingston-upon-Hull, according to the amount thereof. LXXXIV. And be it further enacted, That if any person or persons shall, where sufficient drains are now made for carrying off the same or after the same shall be made in such places where there are not any at present, cause or perinit any blood, blubber, soap lees or waste, or any filth of any kind whatsoever, to run from any slaughterhouse, butchers-shop, shambles, boiling. house, workshop, house, out-house or other building, vessel or place into any of the present or future streets, squares, lanes, ways, public passages, courts or places of the said town and liberty, and lordship or precinct, or into any of the brooks, streams, or the present or future common sewers of the same, or shall kill or slaughter, singe, scourge, dress or cut up any animal, either wholly or in part, in any of such streets, squares, lanes, ways, public places, courts or passages, every person so offending in any of the matters aforesaid shall for every such offence forfeit and pay any sum not exceeding five pounds. 50 Geo. III. c. 41. Penalty on offensive Matters. Hogsties, &c. offensive to the Inhabitants deemed Nuisances and to be LXXXV. And be it further enacted, That in case any hogsty or pigscote, laystall, boghouse, dung, muck, carrion, blood, blubber, offal, nightsoil, filth, or any other noisome matter whatsoever, shall be offensive to any person residing in or near to any of the present or future streets, squares, lanes, ways, public passages, courts or places within the said town removed. and liberty, and lordship or precinct, the same shall be deemed a nuisance and an offence against this act, and it shall be lawful for any two justices of the peace of the said town and county, upon complaint thereof made to them, to hear and determine the same in a summary way, by summoning the party or parties complained of; and if such justice shall deem the same a nuisance, then the person or persons so complained of and convicted shall remove such nuisances, and in case the same shall not be done within ten days after such conviction the person or persons so convicted shall forfeit and pay any sum not exceeding five shillings for every hour the same shall continue unremoved, after the expiration of the said ten days. LXXXVI. And, for the better accommodation and safety of passengers and the preservation of good order and the prevention of obstructions and annoyances within the said town and liberty, and lordship or precinct; Be it further enacted, That if any person or persons shall upon any of the present or future footways of any of the present or future streets, squares, lanes, ways, public passages, courts or places within the said town and liberty, and lordship or precinct, carry any sedan-chair, not having a person therein, or shall carry any lighted flambeau, link or torch other than for the purpose of lighting such sedan-chair, a person being therein, on any of the said For preventing Nuisances, &c. on 50 Geo. III. c. 41. footways; or shall run, draw, drive or carry on any of the said footways any truck, wheel, sledge, wheelbarrow, bier, handbarrow or carriage whatsoever, or shall roll any cask, other than for the necessary loading or unloading thereof, in, upon, from or out of any carriage; or shall wilfully ride, lead or drive any horse, mare, gelding, mule or ass, ox, bull, cow, sheep, swine or other cattle; or place any block, chopping block, slab, leaf, board, table, stool, chair, frame, gantry or other article or commit or cause any other kind of obstruction or annoyances, upon any of the said footways; or if any person shall drive along any such street, square, lane, way, public passage, court or place any cart, dray, waggon, truck or other carriage for the conveyance of goods faster than a walking pace, or without some person on foot to lead the shaft or thill horse by a halter or rein fixed to the head of such horse, or shall not readily and promptly turn out of the road to the near or left side thereof on meeting horses or carriages so as to leave sufficient room or quarter for the same; or shall drive thereon any cattle, or ride or drive any horse, mare or gelding so furiously as thereby to endanger the personal safety of any of his Majesty's subjects, or others, in any of the said streets, squares, lanes, ways, passages, courts or public places; or shall suffer his horse or other beast to go unattended therein; or shall shew or expose any stallion therein, or shall expose to sale any horse, mare or gelding in any of such streets, squares, lanes, ways, passages, courts or public places within the said town and liberty, and lordship or precinct (except such places wherein fairs and markets are or may be held for the sale of horses, and during the time of such fairs and markets only ;) or shall fodder any cattle in any such streets, squares, lanes, ways, passages, courts or public places (except in the fairs and markets where cattle usually stand;) or shall suffer his or her mastiff or bull-dog to go unmuzzled in any of the markets, streets, squares, lanes, ways, passages, courts or public places within the said town and liberty, and lordship or precinct; or if any person shall beat or shake any carpets, or sift, throw, cast or lay any ashes, except during the time of frost and to prevent accidents, or any dirt, muck, dung, soil, soap-suds, foul-water, filth, rubbish, refuse of garden-stuff, blood, blubber, offal, carrion, or any other offensive matter or thing, in any part of any such streets, squares, lanes, ways, passages, courts or public places within the said town and liberty, and lordship or precinct; or shall in any of the streets, squares, lanes, ways, passages, courts or public places sift, screen, wet, slack or mix any lime, or wet, make or mix any mortar, otherwise, than as aforesaid, on any part of any of the said streets, squares, lanes, ways, passages, courts or public places; or shall throw any slates, tiles, rubbish or other article from the top or any other part of any building into any of such streets, squares, lanes, ways, passages, courts or public places; or shall wilfully or negligently fire any chimney of any house or other building in the said town and liberty, and lordship or precinct; or shall hoist or cause to be hoisted into or out of any warehouse or building therein any article or thing whatever, not being hung in slings, about the same; or shall expose to sale or set, or place, or cause, or permit, or suffer to be exposed to sale on the foot or carriage-way, of any of the said streets, squares, lanes, ways, passages, courts or public places, any goods, chattels, wares or merchandizes whatsoever, or any bread, spice, ginger-bread, fruit, vegetables or garden-stuff, butchers-meat, fish, poultry or other matter or thing, other than in the market-place or markets or places of the said town by and under the direction of the market-keeper, or shall hang up or expose for sale any silk, linen, cotton, furniture, bread, spice, ginger bread, fruit, vegetables or garden-stuff, butchers-meat, fish or other matter or thing, goods, wares or merchandize whatsoever, or place any slab, leaf, board or other projection for the exposure thereof without the doors or windows, or against or extending beyond the wall of any dwelling-house, shop, warehouse, building or tenement; or shall place or hang up any shew-board, sign, frame, window-shades, blinds or other projections of the like nature, to extend further than three feet from the wall, or of less height than seven feet from the ground at the outermost extremity, or the cloth, canvass or other materials of which window-shades or blinds shall hang down below the frame thereof; or cause any doors or gates to be hung so as to open outwards; or make any penthouses, bow-windows, shutter-cases or shutterstands, spouts, pales, rails, gates, steps, scrapers or projections of the like |