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justices of the peace for the said town and county or riding, or other justice 2 Geo. IV. or justices having jurisdiction, as the case may require, on the oath of one or more credible witness or witnesses, of tbe delivery of such notice or
c. 45. notices, and the neglect or refusal of the said company to comply therewith, forfeit and pay the sum of forty shillings for every day that such neglect or refusal shall be mide or continued.
LXV. Provided always, and be it further enacted, That no person or No Pipes of persons shall lay or cause to he laid any iron, leaden or other pipe to com- Communication municate with any pipe belonging to the said company, without the consent to be laid with. of the said company, under their common seal, first had and obtained, nor
out Consent of
the Company. use burners of larger dimensions than he, she or they respectively shall contract or pay for, or supply any inhabitant or other person with any part of such gas, on pain of forfeiting and paying to the said company the sum of five pounds for each and every day such pipe shall so remain, or such excess be so committed, or such supply furnished, to be recovered by distress and sale of the offenders goods and chattels, by warrant under the hand and seal, or hands and seals of any justice or justices of the peace for the said town and county or riding, or other justice or justices having jurisdiction, as the case. may require, and which warrant such justice or justices shall, and is and are hereby required and empowered to grant, and the surplus, after such penalty or forfeiture, and the charges of such distress and sale are deducted, shall be returned, upon demand, to the owner of such goods and chattels; and in case sufficient distress cannot be found, or such forfeiture shall not be forth with paid, it shall be lawful for such justice or justices to cause such offender or offenders to be committed to the house of correction or common gaol of the said town and county or riding, as the case may require, there to remain without bail or main prize for such time as such justice or justices shall direct, not exceeding three calendar months,
unless such forfeiture and all reasonable charges shall be sooner paid and · satisfied; and it shall be lawful for the said company of proprietors, if they
shall so think fit, to take off the gas from the house and premises of the person so offending by laying such pipes, committing such excess or furnishing such supply of gas as aforesaid, notwithstanding any contracts or agreements which may have been previously entered into.
LXVI. And be it further enacted, That it shall be lawful for the said Power to convey company to make such sewers or conduits into the public sewers and drains Washings. already made, or which may hereafter be made in the said town, lordship, liberty or parish, any or either of them, and where no such public sewers or drains are or shall be made, then the said company shall and may at their expence make such sewers or cuts of such breadth, depth and dimen.' sions, and in such manner as they shall think expedient, under the streets, ways, lanes and avenues and places within the said town, lordship, liberty and parish, any or either of them respectively, for the purpose of carrying off the washings and other waste liquids which may arise in the prosecution of the works aforesaid, the said company doing as little damage as may be, in making the said sewers, conduits and cuts, and immediately repairing at their own expence all such damage; provided that such washings or other waste liquid matter, made in the process of manufacturing such gas, shall be conducted or conveyed in and through the nearest public drains or sewers in the said town, lordship, liberty or parish, unless the same shall be found noisome or injurious, in which case the said company shall, upon being required so to do by any justice of the peace for the said town and county or riding where the same may be situated, cause the sewers or cuts to be made by them, and communicating with the said public drains and sewers, to be removed therefrom, and conducted or conveyed in a different channel underground, without openings to the air, into some proper receptacle; provided also, that no such wasbings or other waste liquid, or other matter or thing arising or made in the manufacture of such gas, shall be conducted or conveyed into any of the ducks, or any brook or stream of fresh water whatsoever.
LXVII. Provided always, and be it further enacted, That the said com- Company not to pany or their successors, servants, agents, workmen or others, shall not by injure Public any work to be done by virtue of this act, damage or injure any public
Drains. sewer or drain, within the said town, lordship, liberty or parish; and if any damage or injury shall unavoidably be done to any such şewer or drain,
2 Geo: IV. the said company, or their successors, shall forthwith well and sufficiently
repair and make good every such damage or injury, and in default thereof C. 45. then such damage shall be recovered by the commissioners for draining the e said town, lordship, liberty and parish, or the surveyors of the bigh ways
therein for the time being, in the manner hereinafter mentioned. Pover to con
LXVIII, And be it further enacted, That it shall and may be lawful for trört for lighting the said company from time to time to treat and negotiate with any body with Gas. or bodies corporate and politic, as well as any commissioners for tbe time
being, or persons acting in execution of any act or acts of parliament, having local authority, or empowered thereto by this açt, and to enter into and execute any contracts which may be agreed upon, for lighting with gas any lamp or lamps in the said town, lordship, liberty and parish, any or either of them, or any part thereof, but subject to such and the like con. troul and direction as is or are reserved and contained in the said act or acts of parliament, or any of them, for lighting or otherwise improving the
same town, lordship, liberty and parish, or any of them. Service Pipes to
LXIX, Provided always, and be it further enacted, That tbe branch or die kept fully şervice pipes which shall be put up by the said company for lighting the chared with
streets, squares and other public places of the said town, lordship, liberty Gas.
and parish, any or either of them, under any contract or agreement with the said commissioners, or other persons thereunto authorized, sball be kept fully charged with gas, and the stop cocks shall be so formed and turned as not to impede or prevent the said branch or service pipes being completely
filled with gas during the time the same shall be lighted. Jf Contracts be LXX. And be it further enacted, That if the said company shall contract not duly per with any such commissioners, assessors, or any party or parties as aforesaid, forined, they may for lighting the said town, lordship, liberty, parish or place, or any part of be voided on giving Notice. the same respectively, or any public or other buildings therein, and shall
not duly perform such contract, then and in such case it shall and may be lawful for such .commissioners, assessors, party or parties to determine such contract, giving three calendar months notice thereof, and then and in such case, and also at the expiration of any contract so to be made, it shall be lawful for the said company, at the expiration of such contract or determi. nation thereof, by such notice, to remove the mains, pipes, cocks, plugs, branches, lamp posts, lamp irons, and other materials belonging to the said company, and employed in lighting such town, lordship, liberty, parish or
place, or any buildings herein as aforesaid. In case of Deter. LXXI. Provided always, and be it further enacted, That in all and every niination of Cou« case where the contract or contracts so to be made, and entered into by the tracts, Streets, &c, to be made
said company, shall be determined as aforesaid, and the mains, pipes, cocks, good by the
plugs, branches, lamp posts, lamp irons, and other materials belonging to Com; any.
the said company, shall be taken away and removed by them, the said
said company, and be recovered as hereinafter mentioned. Remedy for
LXXIl. And be it further enacted, That in case any party or parties who Recovery of
shall contract with the said company, or agree to take, use or enjoy the Rents.
benefit of the said gas in their private dwelling-houses, shops, countinghouses, inns, taverns, manufactories or other buildings, shall refuse or neglect, after the space of ten days after demand, to pay the sum or sums of money then due for the same to the said company, according to the terms and stipulations with the said company, it shall be lawful for the said com. pany, or their clerk or superintendant, or any person or persons acting by or under their authority, by warrant under the hands and seals of any two of the justices of the peace for the said town and county or riding, or other justice or justices having jurisdiction, as the case may require, to levý the said sum or sums in respect whereof such refusal or neglect shall happen, by distress and sale of the goods and chattels of the party or parties so neglecting or refusing to pay the same, rendering the overplus (if any) to suck party or parties so refusing or neglecting, after the necessary charges
of making such distress and sale shall be first deducted; or the same, with 2 Geo. IV. ? costs of suit, may be recovered in any of his Majesty's courts of record at c. 45.
Westminster, by action of debt or on the case, bill, plaint or information wberein no essoign, protection or wager of law, nor more than oue im• parlance shall be allowed. · LXXIII. And be it further enacted, That if any person or persons shall Penalty for wilfully or maliciously remove, take away, destroy, damage or injure any,
maging Pipes. or any part of any pipe, post, plug, lamp or other apparatus, matter or thing belonging to the said company, or shall wilfully or maliciously waste or improperly use any of the inflammable air or gas supplied by the said company, or shall wantonly or maliciously binder or interrupt the said company or their deputies, agents, workmen or servants, or any of them, in doing or performing or attending any of the works or in exercise of any of the powers and authorities by this act granted, or shall in anywise cause or procure the same to be done, (other than and except under or by virtue or in execution of all or any of the said acts now in force for lighting, paving, draining, cleansing or otherwise improving the said town, lordship, liberty and parish, or of all or any of the powers and authorities hereby reserved to or for the said mayor and burgesses or dock company, and the said commissioners, assessors or other persons lawfully authorized by the said acts, or any of them, proper compensation being made and given to the said company for any damage or injury which shall happen or be occasioned thereby,) every person so offending in any of the respective premises, (other than and except as aforesaid,) and being thereof lawfully convicted on the oath or affirmation of one credible witness, before one or more justice or justices of the peace for the said town and county or riding, or other justice or justices having jurisdiction, as the case may require, shall forfeit and pay to the said company, any sum not exceeding the sum of five pounds, and three times the amount of the damage done or occasioned by such conduct, the same to be ascertained by such justice or justices; such penalty and damage, together with reasonable costs, to be levied by distress and sale of the goods and chattels of such offender, returning the overplus (if any) on demand to the owner of such goods and chattels ; or such offender sball and may be committed to the house of correction or the common gaol of the said town of Kingston upon Hull, or East Riding of the county of York; as the case may require, there to remain for any time not exceeding three calendar months.
LXXIV. And be it further enacted, That if any person or persons shall For compelling be summoned as a witness or witnesses to give evidence before any justice the attendance of
Witnesses, or justices of the peace, touching any matter contained in any information" or complaint for any offence against this act, either on behalf of the prosecutor, or on behalf of the person or persons accused, and (after having been paid or tendered a reasonable sum for his, her or their costs, charges and expences, if the same shall be required by such witness or witnesses) shall refuse or neglect to appear from time to time at the time and place to be for that purpose appointed, without a reasonable excuse for his, her or their refusal or neglect to appear, or shall refuse to be examined upon oath or affirmation (which oath or affirmation such justice or justices is and are hereby authorized and required to administer,) and to give evidence before such justice or justices, then and in every such case, such person shall forfeit and pay for every such offence any sum not exceeding ten pounds.
LXXV. And be it further enacted, That in all cases where any costs, For ascertaining charges, damages, compensations or expences, are by this act directed to and compelling be paid or received by the said company, to or from any body corporate or payr
Damages and politic, commissioners, assessors, or other person or persons, and the amount Expences. of such costs, charges, damages, compensations or expences shall not be agreed on by or between the parties, and is not herein or hereby otherwise directed or authorized to be ascertained and recovered, the same shall be settled and determined by any two or more justices of the peace (having jurisdiction in the place where such costs, charges, damages, compensations and expences shall arise or be incurred,) and who are hereby authorized and required, within seven days next after complaint or application shall be made to them for that purpose, by the party aggrieved or entitled to claim compensation, to inquire into, and upon the oath or affirmation of one or more credible witness or witnesses, ascertain and determine the saine in a sum
- 2 Gec. IV.
Recovery and application of Pena!ties.
mary way; and in case the amount of such costs, charges, damages, com. pensations and expences, so to be ascertained and determined as aforesaid, shall not be paid and discharged within ten days next after the same shall have been so ascertained and determined, and demand of payment having been duly made, the amount thereof, or of so much thereof as shall then remain unpaid, together with any penalties which may then have been incurred in consequence of such non-payment, shall and may, upon proof by the oath or affirmation of one or more credible witness or witnesses, of such demand and neglect of payment, be levied and recovered by distress and sale of the goods and chattels of the party or parties to whom it shall belong, to pay the same, together with the costs of such distress and sale by warrant, under the hands and seals of two or more justices of the peace (having jurisdiction,) which warrant they are accordingly hereby authorized and directed to grant; and for the purpose of being executed in a different jurisdiction to that in which such warrant shall have issued, such warrant shall and may be indorsed by the justice or justices of such other jurisdic. tion, in the like manner as warrants of distress and sale are now permitted and authorized ; and the amount which shall be recovered and received under sich warrant, shall be raid to the party or parties authorized to claim and receive the same, under the provisions herein contained, who after deducting the necessary charges of making such distress and sale, shall pay over the surplus thereof (if any) to the party or parties so refusing or neglecting, or the amount which shall be so ascertained and determined as aforesaid, may be recovered in any of his Majesty's courts of record at Westminster, by action of debt, wherein no essoign protection or wager of law, nor more than one imparlance shall be allowed.
LXXVI. And be it further enacted, That all penalties and forfeitures for all and every the offences in this act mentioned, in relation to which the manner of convicting the offenders, or recovery of such penalties or forfeitures is not particularly mentioned or directed, shall be adjudged by and recovered before any justice of the peace for the said town and county, or riding, or other justice or justices having jurisdiction, as the case may require, in a summary way, and who is hereby authorized and empowered to convict the offender or offenders upon information, by the oath or affirmation of any person or persons, or on the confession of the party offending (which oath or affirmation such justice is hereby authorized to administer ;) and in default of payment of such penalties or forfeitures, the same shall be levied by distress and sale of the offenders goods and chattels, by warraat under the hand and seal of such justice, rendering the overplus (if any) on demand, to the party or parties whose goods and chattels shall be so distrained (the reasonable charges of such distress and sale being first deducted ;) and one moiety of the penalties and forfeitures, when recovered, shall be paid to the informer, and the other moiety thereof shall be paid to the guardians or overseers of the poor of the parish wherein such offence shall be committed, to be by them applied towards the relief of the poor of such parish; and in case such penalties and forfeitures shall not be forthwith paid upon conviction, then it shall be lawful for such justice to order the offender or offenders so convicted to be detained and kept in safe custody, until return can be conveniently made to such warrant of distress, unless the offender or offenders shall give sufficient security to the satisfaction of such justice, for his or their appearance before such justice on such day or days as shall be appointed for the return of such warrant of distress, such day or days not being more than twenty-one days from the time of taking any such security, and which security the said justice is hereby empowered to take by way of recognizance or otherwise ; but it upon the return of such warrant, it shall appear that sufficient distress cannot be found, and such penalties and forfeitures shall not be paid, it shall be lawful for such justice, and he is hereby authorized and required, by warrant under his hand and seal, to commit such offender or offenders to the house of correction or common gaol for the town of Kingston-upon-Hull, or for the East Riding of the county of York, as the case may require, for any time not exceeding three calendar months. .
LXXVII. And for the more easy conviction of offenders against this act, Be it further enacted, That a conviction in the form or to the effect following, shall be good without alleging more than the substance of the offence, viz,
Town of Kingston-uponHull, “ Be it remembered, That on the
Geo. iv. and county of the same Town,
“ day of
in the year of our c 45. to wit, For, East Riding of the County
, is [or, are convicted of York, (to wit) as the case “before me [or, us, as the case may be] may require ]
of his Majesty's justices of Forin of “ the peace for the said town and county of Kingston-upon-Hull Conviction. “ [or, the said East Riding of the county of York, as the case “ may require] by virtue of an act of parliament passed in the "second year of the reign of King George the Fourth, intituled, “[here insert the title of this act] of having [specifying the “ offence and the time and place when and where the same was “ committed, as the case shall be] contrary to the said act, and “ for wbich offence, I [or, we, as the case shall be] do adjudge “ the said
to have forfeited the sum “ of
Given under my band and seal (or, our “ hands and seals) the day and year first wɔve written." LXXVIII. And be it further enacted, That no person or persons, body or Proceedings to le bodies politic or corporate shall be subject or liable to the payment of any with.. Six calen.
dar Months. of the penalties or forfeitures inflicted by virtue of this act, for any offence da or )ffences against this act, unless information respecting such offence or offences shall have been lodged before a magistrate, within six calendar months next after such offence is committed.
LXXIX. And be it further enacted, That where any distress shall be Distress not folie made for any sum or sums of money to be levied by virtue of this act, the deemed unlawful distress itself shall not be deemed unlawful, nor the party or parties making for want of lori. the same a trespasser or trespassers on account of any defect or want of form in any of the proceedings relating thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers, ab initio, on account of any subsequent irregularity in the party or parties so distraining, but the person or persons aggrieved may recover by action on the case full satisfaction for the special damage by him or them sustained in consequence of such irregularity; but no person or persons shall recover in any such action, if tender of sufficient amends shall, before such action brought, have been made by or on the behalf of the party or parties who shall have committed or caused to be committed any such irregularity as aforesaid, or shall have been guilty of any trespass or other wrongful proceeding, and in case no such tender shall have been made, it shail. be lawful for the defendant or defendants in any such action, by leave of the court in which any such action shall be pending, at any time before issue joined, to pay into court such sum of money as he or they shall think fit, whereupon such proceedings, orders and judgments shall be had, made and given in and by such court, as in other actions where the defendant is allowed to pay money into court
LXXX. Provided always, and be it further enacted, That nothing in Nothing in this this act contained, shall extend or be construed to extend, to prevent any Aci to present
Compally from person or persons fro!n proceeding by indictment or otherwise, against the
beiste indicteel said company, or against any of their officers, servants or workmen, in re- for a Nussürace. spect of any works of the said company, or thc method which shall be employed by them for furnishing such lights as aforesaid, as a public or private nuisance, or from bringing any actions against the said company, or any of their officers, servants or workmen, for any injury sustained by reason of any such works or method of lighting, whether such injury shall proceed from the nature of such method of lighting, or the carelessness or want of skill in the persons employed therein. J.XXXI. Provided also, and be it further enacted, That nothing in this ry
This Act isot to act contained shall extend or be construed to extend to repeal, annul, alter atletihe Actslip or otherwise affect all or any of the provisions or enactments contained in Paring, liglithe said acts for ligbting, paving, draining, cleansing and otherwise im. idis, &C to
ext:ptthe proving the said town, lordship, liberty or parish, or any or either of them, Company sroni nor to exempt, excuse or discharge the said company, their officers, servants the penalties. or workmen, from all or any of the fines, penalties, forfeitures, punishments, costs, charges or other matters or things imposed or charged , or which may be recovered or levied under or by virtue of the said acts of parliainent, any or either of them, for or by reason of the neglecting or omitting to light, or insufficiently lighting all or any of the lamps to bc fixed, erected