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hereinafter mentioned, it shall be lawful for the surviving or remaining 41 Geo. III. commissioners, or any two or more of them, from time to time as occasion 30 shall require, by writing under their hands, to nominate so many persons qualified as aforesaid as shall be double the number of the then vacancies, and the said commissioners shall return a list of such person's so nominated to the next general quarter sessions of the peace to be holden in and for the said East Riding of the county of York; and the justices at such sessions shall and they are hereby required, out of such number of persons, to elect and appoint so many to be commissioners as shall supply the then vacancies; and the commissioners so elected and appointed, shall have and are hereby vested with the same powers and authorities for putting this act in execution in all respects whatsoever, as the commissioners in wliose room they shall be appointed were invested with. .
V11. And be it further enacted, That if it shall at any time be found ex. for increasing pedient that the number of commissioners for the purpose of executing this the Number of act should be increased, then and in such case it shall be lawful for the Commissioners. justices of the peace assembled at any of the general quarter sessions of the peace to be holden in and for the East Riding of the said county of York, and they are hereby authorized and required from time to time, upon application being made to them by the majority of the commissioners for the time being, to nominate and appoint, within three calendar months next after such application shall be made, so many and such persons as they in their discretion shall think fit and proper, to be commissioners for the purposes of this act ; and the commissioners so to be appointed, are liereby vested with the same powers for putting this act in execution, as if they had been respectively named commissioners in or by this act.
VIII. Provided always nevertheless, and be it further enacted, That if at Two Commis. any time or times hereafter the said commissioners shall be reduced to a sioners or Ten less number than fifteen, and hy reason thereof a meeting of the said com
make Applicamissioners cannot be procured, then and in such case any two or more of tion to Justices the remaining commissioners, or any ten or more householders of the said when Commisparish, qualified as aforesaid, are hereby directed and authorized to make sioners are
reduced under application thereof in writing to the justices so assembled, as often as any Fifteen such event shall happen; and that it shall be lawful for the said justices, and they are hereby authorized and required, upon due proof being made of the matter stated, to elect and appoint such and so many person or per sons, being householders of the said parish, and qualified as aforesaid, as shall upon such application and evidence appear to be wanting, to the intent and meaning that the number of commissioners for executing the purposes of this act shall at all times hereafter be and remain fifteen at least,
IX. And be it further enacted, That in all cases where the said commis. Power of ad. sioners, or any justice or justices of the peace are authorized to examine any ministring Oaths, person or persons on oath or affirmation, it shall be lawful for such com: ang
Affirmations, missioners and justices, and they are hereby required and empowered 10 administer such oath or affirmation.
X. And be it further enacted, That the said commissioners shall and may, for appointing and they are hereby authorized and required, by writing under their hands, Oiticers. to elect and appoint a treasurer and clerk, and also an assessor or assessors, collector or collectors, receiver or receivers of the rates or assessments to be raised and levied, and the several monies to be received by virtue of this act, and by whom such rates, assessments, and monies may from time to time be paid to the treasurer for the time being, or other person or persons appointed for that purpose in the manner hereinafter mentioned, and also all such surveyors, scavengers, rakers, cleansers, and lighters of lamps, watchmen, or such other officer or officers, deputies and assistants, for the execution of this act, as they shall from time to time think proper; and from time to time to remove, suspend, or displace all or any of such officers or other persons as they shall see occasion, and appoint others in the rooni or place of such of them as shall be so removed, suspended, or displaced, or in the room of such as shall die or resign their offices, and also from time to time, by and out of the monies to be raised or received by virtue of this act, to pay such wages or salaries, and make such allowances to such officers, and to all other persons by the said commissioners employed in the execution of this act, as they shall think reasonable or proper; and the said com- Commissioners to missioners shall and are hereby required to take security from every such fake security
411 Geo. III. treasurer, clerk, collector, and other officers so to be appointed as aforesaid c. 30.
for the due execution of their respective offices or duties, as the said com missioners shall think proper; and every person who is hereby made liable to pay the several rates or assessments hereby directed and required to be
raised and levied, or to pay any sum of money which is directed by this from every art to the sunlied to the
act to be applied to the purposes thereof, sball, and they are hereby reOfficer for the due Execution of quired to pay the same to such collector or other persons as shall be só bis Office; appointed to collect and receive the same in pursuance of this aet, which
collector or collectors, or other persons, shall not at any time retain in his Nina " or their hands more than the sum of twenty pounds, upon pain of forfeiting I jl. At this to the said commissioners any sum not exceeding ten shillings per day, for
every twenty pounds collected and retained beyond the sum of twenty 16's Vilm
in pounds, and so after the same rate for every less sum tlian the sum of twenty i l pounds; and all such officers and persons so to be appointed as aforesaid, Who are to
shall upon demand, at such time and times, and in such männer as the said deliver proper Accounts.
· commissioners shall direct, deliver to such commissioners, or to such person
or persons as they shall appoint, true and perfect accounts in writing, signed by them, of all monies, matters, and things received and committed to their
charge by virtue and for the purposes of this act, and how much of the
n'? monies has been paid and disbursed, and for what purposes, together with 2,1 m 1' the proper vouchers for such payments, and also the books, papers, and
writings in their respective custody or power relating to the proceedings to be had under this act, and shall pay all such monies as shall appear upon balance of their accounts to be due to the treasurer to be appointed as aforesaid, or to such person or persons, and at such time and place as the said commissioners shall appoint; and every such officer and person so accounting as aforesaid, shall upon oath (or affirmation, being a quaker) verify such accounts, and in default of any of the several matters aforesaid, for the space of eight days after being thereunto required as aforesaid, it shall be lawful for the said commissioners, and they are hereby authorized and
empowered to bring, or cause to be brought, an action or actions in any of Commissioners his Majesty's courts of record at Westminster, in the name of their clerk as may bring
hereinafter mentioned for the time being, against the officer or officers, Actions against Officers making
person or persons making such default as aforesaid, for the recovery of Default of Pay. the monies which shall be in the hands of such officer or officers, ment of Money
person or persons respectively, with the full costs of suit; or if complaint in their Hands.
be made by the said commissioners, or by such person or persons as they shall appoint to make complaint of any such default as aforesaid, to any justice of the peace for the county or place wherein the party making default shall be and reside, such justice may, and is hereby authorized and required, by warrant under his hand and seal, to cause the said officer or officers, person or persons so making or having made default, to be brought
before him, and upon his or their appearing or not appearing (except for Officer's notes some reasonable excuse) to hear and determine the matter of complaint in paying Balances, a summary way ; and if upon confession of the party, or by the testimony
of one or more credible witness or witnesses upon oath (or affirmation, being a quaker) it shall appear to such justice that any of the monies that shall have been collected or raised by virtue of this act, shall be in the hands of such officer or officers, person or persons, or unaccounted for, then such justice may, and is hereby authorized and required, by warrant under his hand and seal, to order the payment thereof, and upon non-payment thereof to cause such money to be levied by distress and sale of the goods and chattels of such officer or officers, person or persons respectively, offending or making default as aforesaid; and if no goods or chattels can be
found sufficient to answer and satisfy the said money, and the charges of Or refusing to distraining and selling the same, and the other expences attending the redeliver up quiring or compelling such payment as aforesaid, or in case of refusal to Papers, may be
account as aforesaid, or that it shall appear to such justice by the confession committed to Prison.
of the party so offending or making default as aforesaid, or by the testimony of any credible witness or witnesses upon oath or affirmation as aforesaid, that any books, papers, or writings relating to the execution of this act, or to the proceedings to be had under the same, shall be in the custody or power of any such officer or person, and he shall refuse to deliver up the same as aforesaid, then and in any of the cases aforesaid, such justice shall commit every such offender to the common gaol or house of correction of the county or place where such offender shall be and reside, there to re- 41 Geolli. main without bail or mainprize, until he shall give or make a true and
c. 30. perfect account and payment as aforesaid, or until he shall bave compounded with the said commissioners, and shall have paid such composition in such manner as they shall appoint, or until such person shall have delivered up-şuch books, papers, and writings as aforesaid, or given satis. faction in respect thereof; provided always, that no person who shall be committed for want of sufficient distress, shall be committed for any longer space of time than six calendar months.
AXI And be it further enacted, That as often as any collector or receiver Commissioners of the monies to be raised by virtue of this act, shall die, or be incapable, or may appoint neglect to perform his duty, it shall be lawful for the, said commissioners, Officers occa
sionally in case or any five or more of them, though not assembled at a meeting pur- of Death *suant to this act, by any writing under their hands, to appoint another Removal. person to collect the same, who shall give security for the due execution of his office during his continuance therein, as the said commissioners shall think proper, until the said cominissioners shall, at a meeting to be holden in pursuance of this act, appoint a collector or receiver of such monies; any thing herein contained to the contrary notwithstanding.
XII. And be it further enacted, That if any person who shall be appointed Penalty on treasurer, clerk, assessor, collector, receiver, surveyor, or any other officer Officers taking
any Fee or or servant wbo shall be in anywise employed by the said commissioners in
Reward besides putting this act, or any of the powers thereof in execution, shall exact, the Salary. take, or accept any fee, profit, or reward whatsoever, other than such salaries, allowances, and rewards as shall be appointed, allowed, and approved of by the said commissioners, for or on account of any thing done or to be done by virtue of this act, or on any account whatsoever relative to putting the same in execution, or shall directly or indirectly be concerned or interested in any sale, purchase, bargain, or contract made or to be made by or by the order of the commissioners for the putting this act in execution, unless with the consent or approbation of such commissioners, every such person so offending shall be incapable of ever serving or being employed in any matter under this act; and shall, over and above, forfeit any sum not exceeding twenty pounds, to any person or persons who shall sue for the same, by action of debt, bill, plaint, or information in any of his Majesty's courts of record at Westminster, within six calendar months after the offence committed, with full costs of suit, in which suit or prosecution no essoign, protection, or wager of law, nor more than one imparlance, shall be allowed. • XIII. And be it further enacted, That if any collector or receiver, or Balance of other person employed by the commissioners, who shall have received any Money received
and not paid over sum of money by virtue or for the purposes of this act, shall die before he at tiie Time of or they shall have paid and satisfied all the money so received by him, then the Receiver's and in every such case the executors or administrators, executrixes or ad. Death.lo le paid
ne by the Executors ministratrixes, or other person or persons possessing the estate and effects of of
of the Deceased's every such person so dying, shall be liable to pay and make good all such Estate, sums of money by such collector or receiver, or other person who have so received and not paid, and the same shall be recoverable by action or suit in any of his Majesty's courts of record at Westminster, against such executors or administrators, person or persons as aforesaid, for the recovery of the same.
XIV. And be it further enacted, That the said commissioners shall cause Books to be kept proper books to be provided and kept, in which they shall, either by them. of Proceelings selves or by their clerk for the time being, make or cause fair and regular entries to be made of the several meetings held in pursuance of this act, and of the commissioners present tbereat respectively, and of the nomination of all officers and persons to act in the execution thereof, and of all acts, orders, rules, resolutions, proceedings, matters and things relative to the execntion of this act, and also an account of all monies to be assessed
pa, or raised, and to be received or made pavable by virtue hereof, and of the payment and application of the same, and of all contracts made by any person or persons by virtue or in pursuance of this act, all which said accounts shall be examined, adjusted, and settled by the commissioners assembled at any meeting to be held in pursuance of this act, quarteriy at least or oftener; and the said commissioners so exainining, adjusting, or settling such accounts, and also their clerk for the time being, shall sub
41 Geo. III. seribe their hands to the same ; and such commissioners assembled as afores C, 30.
said, and their said clerk, shall also subscribe their names at the end of their proceedings at every such meeting ; and all entries in their books of such proceedings being signed by the commissioners assembled thereat, and making or ordering the same in virtue or pursuance of this act, and by their clerk, shall be deemed originals, and the same, or attested copies thereof, shall be admitted to be read in evidence in any court whatsoever, in all causes, suits, or actions, and upon all occasions whatsoever, touching any thing done in pursuance or by virtue of this act; and such books. shall be kept by the clerk for the time being to the said commissioners, or by such other person or persons, and at such place as the said commissioners shall direct, and the same shall respectively at all convenient and seasonabler times, be open and liable to the inspection of the said commissioners, and of all persons rated and assessed for the purposes of this act, or otherwise
affected thereby, without fee or reward. Action to be in XV. And be it further enacted, That the said commissioners shall and the Name of the may sue and be sued in the name of their clerk for the time being, and that Clerk,
all actions or suits that may be necessary or expedient to bring for the re. covery of any penalty or sum of money due or payable by virtue of this act, or for or in respect of any matter or thing relating to this act, shall be brought in the name of the said clerk; and that no action or suit which may be brougbt, commenced, or prosecuted by or against such commissioners, or any of them, by virtue or on account of this act, in the name of their clerk, shall abate or be discontinued by the death, suspension, or removal of such clerk, or by any act or default of such clerk done or suffered, without the consent or direction of the said commissioners but the clerk to the said commissioners for the time being shall be always deemed plaintiff
or defendant in every such action or suit (as the case may be :) provided Who shall be
always, that every such clerk in whose name any action or suit shall be reimbursed his Expences.
commenced, prosecuted or defended, in pursuance of this act, shall always be reimbursed, and paid out of the monies to arise by virtue of this act, all such costs, charges and expences as he shall be put to or become charge able with by reason of his being so made plaintiff or defendant therein, and shall not be personally answerable or liable for the payment of the same, or any part of them, unless such action or suit shall arise in consequence of his own wilful neglect or default, or have been brought or commenced, or
be defended without the order or direction of the commissioners. Power to provide
XVI. And be it further enacted, That it shall be lawful for the said comLamps.
missioners, and they are hereby authorized and empowered, from time to time, to cause lamp irons or lamp posts to be put up, affixed into, upon, or against the ground adjoining to, or the walls or pallisadoes of any of the houses, tenements, or buildings already built or hereafter to be built within such part of the said parish of Sculcoates (except in such parts of the said parish as the dock company at the town of Kingston-upon-Hull are by act of parliament, covenant, or otherwise, authorized or obliged to provide with lamps and other requisites for lighting the same) as they the said commis. sioners shall from time to time think proper and convenient, and also to cause such number of lamps, of such sizes and sorts, to be provided and fixed, or put upon such lamp irons or lamp posts, and to cause the same, when so provided and fixed, to be altered, taken down, or removed, as they shall from time to time think proper, for well and effectually lighting the said part of the said parish of Sculcoates as last aforesaid, and also to cause such lamps to be lighted at such time or times, and to be kept lighted during
the whole or such part of the night, as they the said commissioners shall Penalty on think proper; and if any person or persons shall wilfully or maliciously
wilfully break, throw down, displace, take away, extinguish, damage, or spoil any damaging
lamp or lamps put up or to be put up by virtue of this act, or wilfully damage the posts, irons, or materials belonging thereto or used therewith, or shall so damage, break, or destroy any fire engine or fire engines, or any buckets, or any other of the materials or utensils thereto belonging or used therewith, which by virtue of this act shall be provided, or wilfully hinder or obstruet any of the said commissioners or officers employed in the execution of this act, in his or their respective duty, every person or persons so offending in any of the matters aforesaid (which shall be taken and deemed distinct and separate offences) shall, upon being convicted thereof before the said commissioners, by the oath, or affirmation being a quaker (which oath or.
affirmation such commissioners are bereby empowered to administer) of 41 Geo. VII. one or more witness or witnesses, or by the confession of the party before the said commissioners, or any three or more of them, forfeit and pay for the first offence any sum not exceeding five pounds, for the second offence any sum not exceeding ten pounds, and for the third and every other offence any sum not exceeding ten pounds, over and besides making such satisfaction in money for the lamp or lamps to be broken, thrown down, displaced, taken away, extinguished, damaged, or spoiled, as such commissioners shall think reasonable and shall order to be paid ; the said several penalties and satisfactions as aforesaid, to be levied and recovered by dis, tress and sale of the goods and chattels of every such offender, by warrant under the hand and seal of the said commissioners, or any three or more of them, before whom such conviction shall be had or, made; or in case the person or persons so offending and convicted shall have no goods and chattels whereon the same can be levied, then it shall be lawful for the said commissioners, or any three or more of them, by warrant under their hands
IN! . and seals, to cause the offender or offenders to be apprehended, and to commit him, her, or them to the common gaol or house of correction, there to remain any time not exceeding one calendar month nor less than fourteen days, to be reckoned from the day of commitment.
XVII. And be it further enacted, That it shall be lawful for the said Commissioners commissioners from time to time, at any of the said meetings, to contract my Contract for
Lamps, and agree with any person or persons for a sufficient number of lamps necessary to be fixed and set up in such part of the said parish, as the said dock company at Kingston-upon-Hull is not authorized or obliged as afore. said to light, and for lamp irons, posts, and other materials necessary or convenient for fixing the same from time to time, and for furnishing and providing the same lamps with all requisites, and for lighting, supporting, amending and repairing the same; and also with any person or persons, to be and act as scavenger or scavengers within the said parish of Sculcoates, to sweep and cleanse the same, except as last aforesaid, in an effectual manner, when and as often, and at such times as the said commissioners shall from time to time appoint: and immediately after such sweeping take and carry away the dirt, dust, dung, ashes, and other filth thereby gathered and collected, according to the purport of this act; and also to contract
For Water Carts, and agree with any person or persons to make and furnish, and to repair for Fire Engines. and keep in order one or more water cart or water carts, engine or engines, and other Neces. proper for watering the said parish of Sculcoates, and also one or more fire saries. engine or fire engines, together with a sufficient number of leathern buckets, and other matters and things relating thereto, as the said commissioners shall think proper, and to purchase, lease, or otherwise agree for a proper and convenient place or places for keeping the said water cart or water carts, fire engine or fire engines, and buckets and other things relating thereto, and also for depositing the dirt, dust, dung, ashes, and other filth, to be from time to time swept, gathered and collected as aforesaid, until the same shall be fit for sale, and the said commissioners are hereby authorized, empowered, And sell the and required to sell and Jispose of, by auction or private contract, all such Manure from the
Streets. dirt, dust, dung, ashes and filth, so to be swept, gathered, collected, and deposited as aforesaid, and to apply the money arising therefrom to the purposes in this act mentioned, or such of them as they shall think proper; and no person or persons shall throw, cast, or lay, or cause to be thrown, cast, or laid, any dirt, dust, dung, ashes or other filth whatsoever in or upon any street, square, lane, or other public passage or place in the said parish of Sculcoates, or any of the rivers, brooks, or watercourses within the same parish (except the dirt, dust, dung, ashes and filtb to be collected together by the scavengers to be employed by virtue of this act as aforesaid, and except as hereinafter is mentioned) upon pain of forfeiting for every such offence any sum not exceeding five shillings, to be levied, recovered, and disposed of as hereinafter is directed, 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, upon pain of forfeiting any sum not exceeding five shillings for every such offence; and that the scavenger or scavengers, or other person or persons employed, or contracting for