cleansing the said parish of Sculcoates, 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, bring or cause to be brought a cart or
carts, or other conveyances, into all the streets, squares, lanes, and other
public passages and places within the said parish of Sculcoates, where such
cart or carts, or other conveniences can pass, and shall, at or before their
approach, by sound of bell, loud voice, or otherwise, give notice to the in
habitants 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 conveniences
cannot pass, and abide and stay there a convenient time, so that the in-
habitants or persons concerned respectively may bring forth their dirt, dust,
dung, ashes, and other filth (except filth from any privy or necessary house)
to the doors of their respective houses and premises, and there deliver the
same to the scavenger or other person or persons aforesaid, or then imme-
diately take and put the same into such cart or carriage, all which dirt,
dust, dung, ashes, and other filth (except as aforesaid) as well as all such
dirt, dust, dung, ashes, and other filth as shall be swept up and collected
together 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 same as
aforesaid, upon pain of forfeiting any sum not exceeding twenty shillings
for every such offence or neglect, and every person acting as such scavenger
for the time being, shall cause the words " Scavenger's 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 twenty 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, dung, ashes, 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 or 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 directions) before the time
that such scavenger or other officer as aforesaid shall come to carry away
the same, and no inhabitant of the said parish, or any other person, shall
permit or suffer any dirt, dust, dung, ashes, or other filth by them or any
of them brought out, in order to be loaded and carried away for their own
use only, to continue or remain any longer time than from sun-rising to
sun-setting before the same shall be carried away, on pain of forfeiting any
sum not exceeding five shillings for every such offence.

XVIII. 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 rebuilding or repairing any house or other building, so as there be convenient space left in the street, lane, or passage where such rubbish or dirt shall lie, for carriages to pass and repass, and a sufficient way kept clean for foot passengers, by the person or persons laying or occasioning such rubbish or dirt to be laid, nor for the making up lime into mortar in any of the said streets, squares, lanes, public passages 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 building before which such lime or rubbish shall lie, shall cause the same 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 said house or building where such rubbish or lime shall be, to be signed by the said commissioners or their clerk,

XIX. And be it further enacted, That the property in the lamps, lamp posts, lamp irons, and materials which shall be fixed up by virtue of this act, and in the said engines, buckets, water carts, materials, implements, and other things belonging thereto, and in all the tools and implements of the watchmen, scavengers, firemen, and other persons employed by the authority of this act, which shall be purchased, provided, or gotten by virtue of this act, and in all the dirt, dust, dung, ashes, and other filth to be swept, gathered, and collected as aforesaid (except as to such part there.

41 Geo. III.

c. 30.

of as shall be taken or carried away before the time that the scavenger or other officer shall come to carry away the same, and except such dirt, dust, dung, ashes and other filth as shall be brought out by the respective inhabitants of the said parish of Sculcoates aforesaid, for the purpose of leading and carrying away the same for their own use as hereinbefore mentioned) shall be, and the same are hereby vested in the said commissioners, and such commissioners shall be one body politic and corporate, by the Commissioners a name of "The commissioners for the better paving, cleansing, lighting, Corporation. watching, and regulating the parish of Seulcoates," and by that name shall have perpetual succession, and by that name shall and may bring or cause to be brought any action or actions, or prefer, or order and direct the preferring any bill or bills of indictment, as the case shall be or require, against any person or persons who shall steal, take, or carry away, detain, spoil, injure, or destroy the same, or any part thereof, or disturb them in the possession thereof, or break or not perform any contract relating thereto, and in such action or actions, bill or bills of indictment, the thing or things stolen taken, carried away, detained, spoiled, injured, or destroyed, shall be laid generally to be the property of the commissioners for the better paving, cleansing, lighting, watching, and regulating the parish of Sculcoates, and in all actions upon such breach or non-performance of contract, the same shall be laid to be the damage and injury of the commissioners for the better paving, cleansing, lighting, watching, and regulating the parish of Sculcoates.

XX. And be it further enacted, That for the more expeditious extinguishing fires that may happen in the said parish of Sculcoates, any of the said firemen, or any other person or persons, by order of any one or more of the said commissioners or their clerk, present at every fire, shall or may take up or break any of the pavements within the said parish, or any water pipe or water pipes laid or to be laid therein; and the said commissioners shall and may, from time to time, order and appoint such and so many plugs, called fire plugs, to be put and placed into the main or other pipes, to be laid along any part or parts of the streets, squares, lanes, and other public passages and places in the said parish, and belonging to any person or persons, proprietor or proprietors whatsoever, for the better obtaining water for the working of the fire engine or engines, or otherwise extinguishing of such fires, but for no other use or purpose whatsoever; and that such pave. ments so to be taken up, and such pipes so to be broken, shall be repaired and made good by the said commissioners, out of the rates and monies to be raised as hereinafter mentioned.

XXI. And be it further enacted, That it shall be lawful for the said commissioners, and they are hereby directed to cause the works to be done in pursuance of any such contract or contracts, to be inspected by their surveyor or surveyors, or by such other person or persons as they shall from time to time appoint; and in case the same shall not be well and sufficiently performed, according to the true intent and meaning of such contract or contracts, or shall not be finished or completed at or within the time or times to be by such contract or contracts limited for completing the same, the said commissioners shall and may bring any action in any of his Majesty's courts of record at Westminster, against any persons so contracting and neglecting to perform such contract or contracts, for any penalty or damage which shall be contained in such contract, or for any damage suffered or sustained on account of the non-performance thereof, and upon proving the signing of the said contract or contracts, and non-performance thereof, the said commissioners shall be entitled to, and shall recover such penalty or damage, with full costs of suit; which penalty and damages, when recovered, shall be applied for the purposes of this act.

XXII. And, in order that the streets, squares, lanes, and other public passages and places already made or built, as well as such as are now making or building, and may be hereafter made or built within the said parish of Sculcoates, may be properly flagged, paved, and cleansed, and that all annoyances, obstructions, nuisances, and encroachments therein may be removed, and the present and future drains, sinks, gutters, and watercourses, for conveying the water and filth out of the said streets, squares, lanes, public passages and places, into the common sewers or drains, may be amended, repaired, cleansed, altered, and scoured, and new

Pavements, &c. may be broken

when Fires

happen.

Fire Plugs to be put into the Water Pipes,

And are to be made good by the Commissioners.

Surveyors to inspect the

Works.

Streets, &c. to be properly paved,

&c

41 Geo. III.

e. 30.

Inhabitants shall flag and pave before their Houses.

Power to take in new Streets and

make them public Highways.

ones (if necessary) be made, in such manner as the said commissioners shall think proper; Be it further enacted, That every owner or occupier (such occupier to be reimbursed by the owner) of a house or houses, or other building or buildings, ground or land within the said parish of Sculeoates, shall from time to time, at his and their own proper expence, within twenty-eight days next after a day to be expressed in a notice given for that purpose by the said commissioners, or their surveyor or surveyors for the time being (such notice being delivered or given at least ten days before the day to be therein expressed) set out and make, or cause to be set out and made, with good flag stones, a road or way for foot passengers, six feet of assize in breadth at the least of such street, square, lane, public passage or place, as shall be in the front of such house or houses, building or buildings, ground or land, and also behind and at the side of such his or their house or houses, building or buildings, ground or land, as shall adjoin such street, square, way, lane, passage, or public place; and also shall pave or catise to be paved with paving or cobble stones, as much of the carriage way of the said street, square, lane, way, and public passages and places, from the curb stone of such last mentioned flagged or footpath way into the middle, or if the case shall require to the extremity in breadth of such street, square, lane, public passage or place and in length from the due extreme and party wall or boundary of such house or houses, building or buildings, ground or land, to the other extreme end, party wall, or boundary thereof, and shall, from time to time and at all times afterwards, at his or their own proper expence, and on a like notice being given to him or her as aforesaid, repair, amend, raise, lower, alter, or place, or cause to be replaced, amended, raised, lowered, altered, or placed the flagging and pavement of the same part of such footways and carriage ways, and the gratings or openings in and over the same, with such materials, drains, gutters, sinks, or watercourses, for the purposes herein before mentioned, except such streets as by virtue of this act shall become public highways, and with such new or other grates or gratings on, from, or out of such footways or carriage ways, over or into such drains, gutters, sinks, or watercourses, and in such manner as shall be directed or required by the said commissioners, and shall be particularly expressed in such notice or notices, or by reference to any flagging or pavement, drain, gutter, sink, watercourse, grate or grating then done and approved of by the said commissioners, and in default thereof it shall be lawful for the said commissioners to cause to be paved, repaired, amended, raised, lowered, altered, made, or placed accordingly; and in case any such owner or occupier shall cause any such flagging or pavement, drains, gutters, sinks, or watercourses, grates or gratings to be done, repaired, amended, lowered, altered, made, or placed otherwise than according to the direction, requisition, or manner, for that purpose expressed in such notice or notices, then it shall be lawful for the said commissioners to cause such pavement, flagging, drains, gutters, sinks, watercourses, grates, or grating (as the case may be) to be taken up and relaid, made, or placed agreeably to such direction, requisition, or manner, or in such other manner as the said commissioners shall think proper or direct; and the charges and expences attending or relating to the taking up, underlaying, making, or placing the same as aforesaid, shall be reimbursed to such commissioners by such owner or occupier making default as aforesaid, or causing the several matters and things aforesaid to be done contrary to such direction, requisition, or manner as aforesaid, and such charges and expences respectively, shall be levied by distress and sale of the goods and chattels of such owner or occupier, in like manner as the rates hereinafter directed or required to be raised and levied, are directed to be recovered, the overplus (if any) of the monies to arise thereby, after deducting such charges and expences as aforesaid, and also the costs and expences attending such distress and sale, being returned to such owner or occupier on demand.

XXIII. And be it further enacted, That when any of the new streets and ways which are already laid out and made, or which shall hereafter be laid out and made in the said parish of Sculcoates as aforesaid (such streets being thoroughfares) shall be well and sufficiently flagged and paved with such good and substantial sea cobbles, in the like manner as that part of the parish of Sculcoates aforesaid, called Wincolmlee, is now paved with, and put in good order and repair to the satisfaction of the said commis.

or of the

sioners; and on application of the owner or owners of the soil,
owner or owners of the adjoining houses of such streets, or a majority of
them, it shall be lawful for the said commissioners, and they are hereby
empowered, from time to time, to declare the same to be public highways,
rand by writing under their hands, directed to the surveyor of the highways
of the said parish of Sculcoates, where such new streets or ways are or shall
be so laid out and made, as the case may be, to order such surveyor to
repair and keep in good condition all such new streets and ways, in the
same manner, to all intents and purposes, as the other highways in the said
parish are respectively paved, flagged and repaired, and kept in order,
under the laws now in being, concerning highways in general, and from
and after such declaration made, and order to the surveyor for the flagging,
repairing, and keeping in good condition such new streets and ways as
aforesaid, the same and every of them shall be deemed and taken to be
public highways to all intents and purposes, and repaired and kept in repair
by the inhabitants of the said parish of Sculcoates, where such highways
dsball lie, and in all respects be subject to the laws now in being concerning
highways in general, and shall be paved, flagged, and cleansed, and be in
all respects managed and governed as the other parts of the said parish are
by this act directed to be managed and governed: provided always, that the
said commissioners shall not, by any thing herein contained, be empowered
to accept any streets hereafter to be built upon (except in the case of such
streets as are now laid out and actually built upon) unless the front streets
be forty feet in width, including the flagging on each side, which flagging
shall not be less than six feet wide, and the back street thirty feet wide,
including the flagging on each side, which flagging shall not be less than
five feet wide, with sufficient upper and under drains, and water grates.
XXIV. And be it further enacted, That the said commissioners may
cause such and so many new sewers, drains and vaults, as they may think
sufficient and necessary to be dug and made, in, along, or across any of the
streets, squares, lanes, public passages and places, and along or across any
yards within the said parish of Sculcoates, and also any of the sewers and
public drains and vaults which now are or hereafter shall be within the
said parish, to be enlarged, widened, raised, altered, removed, repaired,
cleansed, or scoured, when and as often as to them the said commissioners
shall seem meet, and for any of the said purposes shall from time to time
cause to be dug, carted, and carried out of or brought into the said streets,
squares, lanes, public passages and places, or any of them, such gravel,
stones, bricks, and other materials as they shall judge necessary, and also
shall and may cause such and so many grates or openings to be made
therein for the conveying and carrying off the filth, foul and other water
from the houses built or to be built adjoining to such streets, squares, lanes,
public passages or places in the said parish of Sculcoates, into the said
sewers, public drains and vaults, as the said commissioners shall and may
think necessary and expedient for that purpose, and the said commissioners
are hereby empowered and authorized to purchase such ground as shall be
necessary for making or enlarging such public drains and sewers, and the
said commissioners are hereby empowered to charge the several owners of
such houses or buildings as now are or hereafter shall be built adjoining to
and making use of such common sewer or sewers, with the payment of all
such sum or sums of money as shall be by them the said commissioners
paid, laid out, and expended in and about the making, enlarging, widening,
raising, altering, removing, repairing, cleansing, or scouring of such public
drains or sewers, and on refusal or non-payment of such charges and ex-
pences to the treasurer for the time being to the said commissioners, then
upon fourteen days notice in writing being given to such owners or other
persons as aforesaid, or left at their, his, or her last or usual place of abode
by their said clerk, such charges and expences shall and may be recovered
in such manner as the penalties and forfeitures by this act inflicted, are
hereby directed to be recovered.

XXV. Provided always, and be it further enacted, That nothing con-
tained in this act shall authorize or empower the said commissioners to
accept, 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 parish
of Sculcoates by the dock company of Kingston-upon-Hull.
D d

41 Geo. III.

c. 30.

Commissioners

Power to repair,

cleanse, &c. Lanes, Strects, &c.

Watchmen.

XXVI. And whereas there are at present several streets, lanes, courts, and passages in the parish of Sculcoates aforesaid, that are not public highways, nor repaired by the public highway act, and the proprietors of the adjoining premises may refuse to comply with the requisition of this act, and which, by reason of the narrowness and bad state of repairs of such streets, lanes, courts, and passages, are nuisances and offences to the inhabitants of the said parish, and may contribute much to produce contagious diseases; Be it therefore further enacted, That the said commissioners shall be, and they are hereby empowered, on default or refusal of the proprietor or proprietors of the premises adjoining such streets, lanes, courts, and passages, as well those already built, whether the same pay poor or other rates or not, as those which hereafter may be built, to repair, cleanse, scour and drain such streets, lanes, courts and passages, and charge the several proprietors with the expence thereof, and on their refusal to pay or reimburse the said commissioners all such charges and expences which shall or may be occasioned thereby, the same to be recovered in like manner as the assessments or rates under and by virtue of the act passed for repairing public highways.

XXVII. And be it further enacted, That the said commissioners shall and they are hereby required, at their first or some subsequent meeting or meetings to be held as aforesaid, to divide the said parish of Sculcoates into such and so many divisions or districts as to them shall seem proper, and to apportion the number of watchmen to be employed in each district as to them shall seem proper, and to appoint what wages, salaries, gratuities, rewards, or payments shall be paid, given, and made to all such watchmen for their several attendances and services, and to alter the wages of such watchmen from time to time as shall be found expedient, and from time to time to alter such divisions or districts, and number of watchmen, as shall be found most convenient for the purpose of appointing and regulating the watch as hereinafter is mentioned; and the said commissioners shall, immediately after making such division, publish in the Hull newspapers an account thereof, stating what streets, squares, lanes, public passages or places, are comprized in each district, and shall also at the same time appoint a meeting for each district of the commissioners resident in such respective districts, and give notice in the said newspapers of the time and place of each such meeting, which shall not be less than seven days, nor more than fourteen days after such notice in the said newspapers; and the commissioners resident in each district respectively, shall and are hereby required to meet at the time and place so to be appointed, and to act in the appointing and regulating the watch in their respective districts as hereinafter is mentioned, and afterwards from time to time to meet on the first Wednesday in every month, at the hour of eleven of the clock in the forenoon, at the same place, or at such other hour, and at such other place as they shall at such monthly meetings appoint, and also to adjourn such monthly meetings as they shall think fit; and at all such meetings every question shall be determined by a majority of the commissioners present: provided always, that no order shall be made or any business transacted at any such meeting, unless three commissioners resident in such district at least be present; and at such first and other meetings in each district, the commissioners resident in such district, and present at such meeting or meetings, shall appoint, by writing under their hands, such able bodied men to be employed as watchmen in the night time, to attend from time to time, and at all such times and places within the respective districts for which they shall respectively be appointed, and to perform such duty as the said commissioners of such respective districts, or any three or more of them, shall order, direct and appoint; provided, that in each such district they do not exceed the number directed or appointed to be apportioned for each such district by the general commissioners; and the said commissioners résident in each respective district, or any three or more of them, at any meeting for such district as aforesaid, shall and may remove all or any of such watchmen for such district from time to time as they shall see cause, and appoint others in the room of such of them as shall be so removed, or shall die, or be incapable of performing their duty, and shall and may make such orders and regulations, and give