2 Geo. IV. c. 45. Appeal. Directing what shall be deemed Service of Notice, &c. on the Company. General Saving of all Rights. and placed by the said company, in all or any of the public streets, squares, market-places, courts, yards, highways, roads, ways, lanes and passages in the said town, lordship; liberty or parish respectively, or for or in respect of the breach and non-performance of all or any of the contracts which shall or may be made and entered into by the said company, to or with the said commissioners, assessors or others, acting in execution of the said acts of parliament, or any of them, for lighting the said town, lordship, liberty or parish with gas, under or by virtue of this act, or for or by reason of any nuisance, obstruction, annoyance, offence or other matter or thing to be done or committed by the said company, their officers, servants or workmen, contrary to all or any of the provisions and enactments in the said acts or any of them, expressed and contained in anywise howsoever. LXXXII. And be it further enacted, That if the said company, or any person or persons, shall think themselves, himself or herself aggrieved by any thing done or to be done in pursuance of this act, or by any by-law, rule or order to be made in pursuance hereof, (and for which no particular mode of relief is herein before appointed,) the said company, or such person or persons, may appeal to the justices of the peace, at the general or quarter sessions of the peace to be held for the town and county, riding or place, where the cause of appeal shall have arisen, within the space of four calendar months next after the cause of appeal shall have arisen, such appellant or appellants first giving or causing to be given, fourteen days notice at least of his, her or their intention to bring such appeal, and of the cause thereof, to the said company or other the respondent or respondents, and within ten days next after such notice given, enter into a recognizance before one of his Majesty's justices of the peace for the said town and county, riding or place, or other justice or justices having jurisdiction, as the case may require, with two sufficient sureties, conditioned to try such appeal at such general or quarter sessions, and to abide the order of, and to pay such costs as shall be awarded by, the justices at such sessions; and the said justices at such sessions, upon due proof of such notice being given as aforesaid, and of the entering into such recognizance, shall hear and finally determine the cause and matter of such appeal, in a summary way, and shall award such costs to either party as they shall think proper; and the determination of the justices at such sessions shall be final, binding and conclusive upon all parties. LXXXIII. And be it further enacted, That in all cases wherein it may be requisite or necessary for any person or persons, party or parties, to serve any notice or notices upon the said company, or any writ or writs, or other legal proceedings, the service thereof upon the chairman of the said com mittee of management for the time being, or left at his last or usual place of abode, or upon the clerk of the said company for the time being, or at the office of such clerk, or left at his last or usual place of abode, or at the office of the said company; or in case the same respectively shall not be found or known, then service upon any member of the committee of management for the time being, or left at his last or usual place of abode, or upon any agent or other officer employed by the said company, or left at his last or usual place of abode, shall be deemed good and sufficient service of the same respectively on the said company. LXXXIV. Saving always to the King's Most Excellent Majesty, his heirs and successors, and to the mayor and burgesses of the said town or borough of Kingston-upon-Hull, and their successors, and to the guild or brotherhood of masters and pilots, seamen of the Trinity House of Kingstonupon-Hull, and their successors, and to the said dock company at Kingstonupon-Hull, and their successors, and to the commissioners, assessors or others, acting under or by virtue of any act or acts of parliament now in force for cleansing, lighting and watching and otherwise improving the said town, lordship, liberty and parish, any or either of them, or any part thereof, and to any other person or persons having the lawful controul, direction or management of lighting or paving the said town, lordship, liberty or parish, or either of them, or any part thereof, their respective rights, privileges, powers, authorities and trusts, franchises and immunities, as fully and completely in every respect as they respectively enjoyed the same before the passing of this act. LXXXV. And be it further enacted, That all the costs, charge and expences attending the applying for, obtaining and passing this act, shall be paid and discharged out of the monies already subscribed, or out of the first monies which shall be subscribed for the purposes of this act. LXXXVI. And be it further enacted, That this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such, by all judges, justices and others, without being specially pleaded. 9 Geo. III. c. 17. Expences of the An Act for enabling His Majesty to Licence a Playhouse in the city of York; and in the town and county of the town of Kingston-upon-Hull. Clause in Act WHEREAS a licenced playhouse is much wanted in the city of York; Preamble. and in the town and county of the town of Kingston-upon-Hull; may it therefore please your Majesty, that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, That so much of an act of parliament which passed in the tenth year of his late Majesty's reign, intituled, An Act to explain and amend so much of an Act made in the twelfth year of the reign of Queen Anne, intituled, An Act for reducing the laws relating to rogues, vagabonds, sturdy beggars and vagrants, into one act of Parliament; and for the more effectual punishing such rogues, vagabonds, sturdy beggars, and vagrants, and sending them whither they ought to be sent; whereby all persons are discharged to represent any entertainment of the stage whatever, in virtue of letters patent from his Majesty, or by licence from the Lord Chamberlain of his Majesty's household for the time being, except within the liberties of Westminster, or where his Majesty is residing for the time being, be, and the same is hereby repealed with respect to the said city of York, and town and county of the town of Kingston-upon-Hull respectively and that it shall and may be lawful for his Majesty, his heirs and successors, to grant letters patent for establishing a theatre or playhouse within the said city of York, and with in the said town and county of the town of Kingston-upon-Hull respectively; both which playhouses shall be intitled to all the privileges, and subjected to all the regulations, to which any theatre or playhouse in Great Britain is intitled and subjected.. The Crown empowered to grant Letters Patent Theatre in each for establishing a of those Places. 41 Geo. III. c. 30. CLASS VI. STREETS, LIGHTS, WATCHMEN AND IMPROVEMENT OF Preamble. Appointment of 41 Geo. III. Cap. 30. Royal Assent, 21st May, 1801. An Act for paving, cleansing, lighting, watching and regulating the streets, squares, lanes, and other public passages and places within the parish of Sculcoates, in the East Riding of the county of York, and for removing and preventing nuisances, annoyances, encroachments and obstructions; and for licensing and regulating hackney coaches, chairs, porters, coal carriers and water carriers, trucks, carts, and other carriages within the said parish. 1. WHEREAS the several streets, squares, lanes and other public passages and places already made and built, and which are now making and building within the parish of Sculcoates, in the East Riding of the county of York, are in many parts incommodious and unsafe for passengers, very ill paved, and not sufficiently cleansed, lighted, and watched, and are subject to various nuisances, annoyances, encroachments, and obstructions, and other streets, squares, lanes, passages, and public places are intended to be, or may be made or built within the said parish, which may be subject or liable to the same or similar inconveniences; and it would greatly tend to the convenience, benefit, and safety of the public, as well as of the owners and inhabitants of houses already built or building, and of such other houses as may hereafter be built therein, and to all persons resorting thereto, if such streets, squares, lanes, and other public passages and places were properly paved, cleansed, lighted, watched and regulated, and all nuisances, annoyances, encroachments, and obstructions removed and prevented; and it would also greatly tend to the convenience and benefit of the public if a sufficient number of hackney coaches and chairs, and of porters, coal carriers, and water carriers, trucks, carts, and other carriages were licensed, and the same were put under proper regulations: but the several purposes aforesaid cannot be effected without the aid and authority of parliament. II. May it therefore please your Majesty, that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, That John Alderson, doctor of physic, Anthony Atkinson, Jonas Brown, William Bolton, Richard Baker, William Barnes, George Brown, John Barkworth, Robert Cross, Henry Coates, John Carlill, Thomas Dikes, clerk, Thomas Dawson, Gardner Egginton, Joseph Egginton, William Fowler, Philip Green, Simon Horner, Benjamin Holland, John Hall, John Hay, Francis Hall the younger, John Bevor Lambert, Peter Middleton, John Newbald, William Osbourne, Thomas Osbourne, Joseph Robinson Pease, John Richardson, Francis Taylor, John Thompson, John Todd of Wincolmlee, John Todd of Savile-Street, Richard Thompson, John Watts, Abraham Whitaker, John Whitaker, Benjamin Wright, Nicholas Walton, and their successors, to be elected in manner hereinafter directed (being respectively duly qualified as hereinafter mentioned, and taking the oath or affirmation in the words or to the purport hereinafter mentioned and required) shall be, and they are hereby appointed commissioners for putting this act in execution. III. And be it further enacted, That this act shall commence and take effect upon the third Wednesday after the passing thereof, if a general meeting of the said commissioners shall be then had as hereinafter directed, and if no such meeting shall be had, then on the first subsequent day on which such general meeting shall be had, at some convenient place in the parish of Sculcoates aforesaid, at the hour of eleven of the clock in the forenoon, and such meeting shall consist of five at least of the said commissioners, when and not before this act may and is hereby required to be proceeded on in the execution thereof; and a general meeting of the commissioners shall be held for carrying the same into execution on every Wednesday afterwards, at the same hour and place, unless some other hour, day or days in the week or year, or some other place within the parish of Sculcoates aforesaid, shall be appointed by the commissioners assembled at the said first meeting or any subsequent meeting at which there shall be five commissioners assembled; and if at the time when the said meetings are hereby required, or shall be so as aforesaid appointed to be held, there shall not be at each such meeting five commissioners present, then each such meeting shall stand adjourned to the next day on which a meeting in pursuance of this act would otherwise be held, or at a prior meeting shall have been appointed to be held as aforesaid; and no act, order, rule, resolution, or proceeding of the commissioners shall be valid or effectual unless had, made, or done at a meeting or meetings to be held in pursuance of this act; and that all the powers and authorities by this act granted to or vested in the said commissioners, shall and may from time to time be exercised by the major part of the commissioners present at any meeting to be holden by virtue of this act, the number of commissioners present at such meeting not being less than five, except any other number is herein particularly mentioned; and that at such first meeting for putting this act in execution, one of the commissioners present thereat shall be appointed chairman, to whom any one other of such commissioners shall, and is hereby authorized and required to administer the oath or affirmation in the words or to the effect hereinafter made, and such chairman shall immediately afterwards administer the like oath or affirmation to the other commissioners then present, and at every other meeting a chairman shall in like manner be appointed, and the chairman for the time being shall, and is hereby alone authorized and required to administer the oath or affirmation hereby required to be taken by the said commissioners and their successors; and in all cases where there shall arise a difference of opinion, the question shall be decided by a majority of votes of the commissioners then present, and if upon any question there shall be an equal number of votes (including the chairman's vote) then the chairman shall have another or casting vote; and that no order, rule, resolution, or proceeding had, made or done at any meeting held in pursuance of this act, at which there shall have been five commissioners present, shall be revoked, suspended, or altered, unless at some subsequent special meeting to be held for that purpose, (which any nine or more of the commissioners are hereby empowered to call) and of which seven days previous notice of the time, place, and purpose shall be given and inserted in two at least of the daily or weekly newspapers circulated in the parish of Sculcoates aforesaid, and affixed on the door of the parish church there, a greater number of commissioners than were present at the meeting or meetings at which such order, rule, resolution, or proceeding, proposed or intended to be revoked, suspended, or altered, shall have been made, shall be present, and shall concur in the revocation, suspension, or alteration thereof, and in such case no other meeting for the execution of this act shall be held until after the day expressed in such notice; and that at every meeting the commissioners present thereat, shall pay their own expences. IV. Provided nevertheless, and be it further enacted, That if there be any particular occasion to hold a meeting before the time at which a meeting is hereby required, or shall be so as aforesaid appointed to be held, then and in such case it shall be lawful for the said commissioners, or any five or more of them, or for their clerk for the time being, and they or he are and is hereby required to call a special meeting, of which seven days pre 41 Geo. III. c. 30. Qualification of Commissioners Penalty on Persons not qualified acting as Commissioners. Commissioners may act as Justices of the Appointment of new. Commissioners. vious notice shall be given in the same manner as is hereinbefore mentioned in the case and for the purpose of calling a meeting to revoke, suspend, or alter a former order, rule or proceeding, and in like manner no meeting for the execution of this act shall be held until after the day expressed in the notice for such special meeting, V. And be it further enacted, That no person shall be capable of acting as a commissioner in the execution of this act, who is a victualler, or shall sell ale, wine, cyder, or any other spirituous liquors by retail, or during the time he shall hold or enjoy any office or place of prófit under, or be concerned in any contract made by virtue of this act, or in any case wherein he shall be in any wise personally or beneficially interested in the matter in question (except as a creditor on the rates or assessments hereinafter required to be made and levied) or who shall not in his own right, or in the right of his then late or present wife, be in the actual possession, enjoyment, and receipt of the rents and profits of messuages, lands, tenements, or hereditaments for an estate of freehold within the kingdom of Great Britain, of the clear yearly value of one hundred pounds (above reprizes and incumbrances) or who shall not be possessed of or entitled to a personal estate of the value of three thousand pounds, over and above the amount of his debts, and who shall moreover reside and be a housekeeper within the said parish; nor shall any person be capable of acting as a commissioner in the execution of this act (except in administering the oath or affirmation to the chairman of such first meeting as aforesaid) until he shall have taken and subscribed an oath or affirmation in the words or to the effect following; (that is to say) "I A. B. do swear [or, being one of the people called quakers do solemnly within the kingdom of Great Britain, "of the clear yearly value of one hundred pounds, above reprizes and "incumbrances, or possessed of or entitled to a personal estate to the "amount or value of three thousand pounds, over and above what "will pay all my just debts, and that I do reside, and am a housekeeper within the said parish of Sculcoates, and that I will truly and impartially, according to the best of my skill and judgment, execute "and perform the several powers and authorities reposed in me as a << commissioner, by virtue of an act passed in the forty-first year of the reign of his Majesty King George the Third, intituled [here insert the "title of this act.] "So help me God." And if any person not qualified in manner herein before mentioned to act as a commissioner, shall presume to act as such in the execution of the powers hereby given, or any of them, every such person shall for every such offence forfeit and pay the sum of fifty pounds, to be recovered on the information or prosecution of any person or persons whomsoever, with full costs of suit, in any of his Majesty's courts of record at Westminster, by action of debt, or on the case, or by bill, suit, or information, wherein no essoign protection, privilege, or wager of law, or more than one imparlance, shall be allowed; and every person so sued or prosecuted shall prove that he was at the time of acting qualified as aforesaid, or otherwise shall pay the said penalty, without any other proof or evidence being given on the part of the plaintifl or prosecutor, than that such person had acted as a commissioner in the execution of this act; and the money so to be recovered shall, after payment of the costs and expences attending the recovery thereof, be paid one moiety to the informer or prosecutor, and the other moiety be applied to the purposes of this act: provided always nevertheless, that it shall be lawful for such of the commissioners who are or shall be in the commission of the peace for the East Riding of the said county of York, to act as justices of the peace in or relating to the execution of this act, notwithstanding their being commissioners under this act. VI. And be it further enacted, That upon the death, refusal, or incapacity to act of any of the commissioners hereby appointed or to be appointed as |