41 Geo. III. c. 30.

Persons having greater Estate than Twenty-one Years deemed Owners for the

Purpose of paying Expences of Reparations.

The Ground of Houses taken down or build. ing, and of Houses taking down to be inclosed.

Penalty on Persons neglecting or refusing to make such Fence.

Lights to be fixed för preventing Accidents.

shall be lawful for him or them to deduct or retain the costs, charges, and expences of doing thereof out of his, her, or their next rent, and such landlord or landlords is and are hereby required to allow the same accordingly.

XLI. Provided also, and be it further enacted, That in all cases where any such alterations as aforesaid shall be made to any house or building wherein any person or persons shall have any greater estate, term, or interest than for twenty-one years, such person or persons shall be and be deemed the owner or owners of such house or building for the purpose of such alterations being made as aforesaid; any thing herein or any law or custom to the contrary notwithstanding.

XLII. And be it further enacted, That the ground or place whereon any house or houses, wall or building within the parish of Sculcoates aforesaid, formerly or lately stood, and which is or are now, or at any time hereafter shall be wholly or in part taken down, and every house, wall, or building now making or building within the said parish, shall, by the owners or occupiers of such ground, place, house, or building, immediately after the passing of this act, be fenced and inclosed, and that the ground on which any house or building shall hereafter be built or taken down, either wholly or in part, till the same shall be rebuilt, shall likewise be fenced and inclosed at the expence of such owners or occupiers respectively, in such manner as the commissioners shall think proper or necessary, in order to keep the footways and carriage ways before or behind, or belonging to the same, as open and free from impediment as the nature of the case will admit of, and effectually to guard and protect all persons passing by or near the same, or any part thereof, from danger or accident, from or in consequence of any hole, vault, area, timber, stones, materials, or things made, brought, placed, or used, in, about, or relating to such ground, place, house, or building, now made or built, or which shall hereafter be made or built within the parish of Sculcoates aforesaid, which shall be taken down either in the whole or in part, or which shall be altered or repaired, or added to, or begun to be altered or repaired, or added to, whereby or in consequence whereof the carriage way and footway before, behind, or belonging to such house, wall, or building, or either of the said ways, shall be in any manner obstructed or rendered dangerous to or unsafe for, or expose any person passing by or near such house, wall, or building, or any part thereof, to danger or accident as last mentioned, shall be in like manner fenced and inclosed by and at the expence of the respective owners or occupiers thereof; and the fences and inclosures to be made in respect of any house, wall or building, which shall or may hereafter be taken down, altered, repaired, or added to, shall be made before such house, wall, or building shall be begun to be altered, repaired, or added to; and all the fences and inclosures hereby directed to be made for all or any of the purposes aforesaid, shall be continued standing and in good condition during such time as the commissioners shall order and direct; and if the owner of such ground, place, house, wall, or building as aforesaid, shall refuse or neglect to erect and set up any such fence or inclosure as aforesaid, or shall not continue the same standing and in good condition as aforesaid, then and in either of the said cases every such owner shall, for every day such offence shall be continued, forfeit and pay any sum not exceeding forty shillings; and moreover, in case of such refusal or neglect, it shall be lawful for the com missioners to cause such ground, place, house, wall, or building to be well and sufficiently fenced in and inclosed as aforesaid, or the fence or inclosure then erected and set up, to be well and sufficiently repaired, as the case shall require, and such fence or inclosure to be so continued standing as aforesaid; and the person or persons so refusing or neglecting as aforesaid, shall, over and above the said penalty, pay all such charges and expences of making such fences and inclosures, or repairing the same, upon demand made by the commissioners or by their clerk, and upon refusal may, together with the costs attending the recovery, be recovered in such manner as the penalties and forfeitures by this act inflicted as hereinafter directed and authorized to be recovered.

XLIII. And be it further enacted, That if at any time hereafter any stones, timber, mortar, rubbish, materials, or other things shall be laid or placed in, or any hole or opening shall be made in any of the streets, squares, lanes, or public passages or places already made or built, or which

shall hereafter be made or built within the said parish of Sculcoates, for any purpose whatsoever not prohibited by or contrary to the intent and meaning of this act, the owner of such stones, materials, or other things, or person or persons causing such hole or opening as aforesaid to be made, shall, at his, her, or their expence, cause a light to be fixed in or near the same respectively, for securing passengers and cattle from accidents, every night from sun-setting to sun-rising, during the time such stone or other materials, hole or opening shall remain; and also if the commissioners shall think proper and direct, shall, at his, her, or their own expence, cause such stones, materials, or other things, holes or openings, or either, as the case may be, to be fenced and inclosed in such manner as the commissioners Shall think proper, and continue the same so fenced and inclosed until the stones, materials, or other things, or hole or opening, as the case may be, shall be removed, and in default shall forfeit and pay any sum not exceeding forty shillings for every day or night such neglect or default shall be con tinued, and the commissioners, on such default being made, are hereby empowered to cause such light to be affixed, and to fence and inclose such stones, materials and things, and continue the same so fenced and inclosed, and charge such owners or other person or persons as aforesaid with the expences thereof respectively; and to recover such expences, on refusal to pay the same to the commissioners, and the expences attending such recovery, in the same manner as is mentioned in the case of fences and inclosures to be made on taking down or altering any house or building as herein before is mentioned.

41 Geo. III.

c. 30.

Pena'ty on Per

XLIV. And be it further enacted, That if any person or persons shall, at any time or times obstruct, hinder, or molest any of the commissioners; sons interrupting or any surveyor or surveyors, watchmen, beadle, constable, or other officer or assaulting or officers, workman, person, or persons whomsoever, who is, are, or shall Workmen. be employed, by virtue of this act, in the performance or execution of their duty, or of any of the matters and things to be done in virtue or in pursuance hereof, every such person so offending shall, on conviction before a magistrate as aforesaid, for every such offence forfeit and pay any sum not exceeding forty shillings.

XIV. And whereas it would be a great accommodation to the inhabitants of the said parish of Sculcoates, if a proper house and office within the same parish were provided, where the commissioners might from time to time meet for the purpose of putting this act in execution, and for the transaction of their business, and where the books, papers, and writings belonging to the said commissioners may be always safely lodged and deposited, and the inhabitants and other persons interested may from time to time resort to in order to inspect the same; and also if a proper house or place were provided where the principal or chief constable or other peace officer might reside or repair, and be ready to answer on all public occasions; and also if a proper building were provided within the said parish, where all persons whom the watchmen, beadles, constables, or other officers appointed by the commissioners, are hereby authorized and required to apprehend as aforesaid, might be safely kept and detained during and until such time as the same persons can or may be taken before some one of his Majesty's justices of the peace, in and for the said East Riding of the said county of York, in the manner and for the purposes herein before mentioned, and where all such persons who may be committed, or ordered to stand committed by virtue of this act, for any offence by them done or suffered to be done contrary to the intent and meaning of this act, may be imprisoned during the limited time to be specified in any commitment or commitments of any offender or offenders, and where an engine or engines for extinguishing of fire, and for depositing or keeping any water carts for watering the said streets and other public places, and for the depositing of the materials, tools, or implements belonging to the said commissioners or their officers, and also one or more piece or pieces of land lying within or near to the said parish of SculCoates, where the dirt, dust, rubbish, ashes, soil, and filth of the streets, squares, lanes, and other public passages and places to be cleansed in virtue of this act, and the soil from necessary houses may, under or by the order, permission, and direction of the commissioners, be removed, carried, and laid; and also for making a common pound for the impounding of all horses, beasts, pigs, sheep, or other animals found wandering in any of the

Ee

Power to provide

a proper Place for the chief or principal Consta

ble,

41 Geo. III. c. 30.

Lands to be purchased.

streets, squares, lanes, or public passages or places within the said parish of Sculcoates, or found trespassing in the lands or grounds of any of the owners or occupiers of land within the same parish; Be it therefore enacted, That it shall be lawful for the said commissioners, or any nine or more of them, by and out of the monies to be raised or received by virtue of this act, to purchase, hire, or contract for, or otherwise provide a proper house or houses, room or rooms, or a piece or pieces of land or ground for the purpose of building a house or houses, room or rooms, or such other proper and convenient place or places in such situation in the said parish of Sculcoates, for all or any of the several purposes first mentioned, and also a piece or pieces of land, either within cr without the said parish, for the purpose of depositing such rubbish and filth as last mentioned, as they shall think proper, such house or houses, room or rooms, or place or places, piece or pieces of land, and from time to time to surrender, give up, sell, exchange, or dispose of the same either by public auction or private contract, and to purchase, hire, take, or provide any other house or houses, room or rooms, place or places, piece or pieces of land, to be used, employed, and enjoyed for the purposes herein before mentioned concerning the same respectively, as and when, and as often as they shall think proper; and the commissioners are hereby authorized and empowered to take a conveyance, grant, or assignment of such house or houses, room or rooms, place or places, piece or pieces of land, to them the commissioners and their successors for the purposes aforesaid, and in like manner to make a conveyance thereof respectively, or such of them respectively as they may think proper, to sell or exchange or dispose of as aforesaid, and such purchased house or houses, room or rooms, place or places, piece or pieces of land, as well as those which shall be taken or had in exchange as aforesaid, shall be vested in the commissioners for the time being and their successors, for the purposes of this act; and the commissioners are hereby authorized to apply any part of the monies so to be raised in pursuance of this act, in the furnishing, repairing, altering, or adding to the house or houses, room or rooms, place or places so to be purchased or taken, or had in exchange as aforesaid, or in building or erecting convenient or necessary buildings on the piece or pieces of land or ground, for any of the purposes aforesaid, and shall also thereout pay and keep down all ground, or quit or reserved rents due or payable in respect of such premises, and all fines or renewals of leases (if any); and the monies which shall arise from the sale or sales of such purchased premises, or any part thereof, or of such furniture and buildings as aforesaid, shall be applied as the other monies to be raised and levied, or received in pursuance of this act, are hereby directed to be applied, or such of them as the commissioners shall think proper or convenient.

XLVI. And be it further enacted, That the said commissioners shall have power and authority to agree with the proprietors of and persons interested in any lands, tenements, buildings, erections, and hereditaments, which the said commissioners shall judge necessary or expedient to be cut, digged, pulled down, thrown up, carried away, damaged, or otherwise made use of for the purposes of this act, for the purchase of such lands, tenements, buildings, and hereditaments, or for the recompence to be made to such proprietors and persons interested, for the damage they may sustain, and also to settle and ascertain in what proportion the sum or sums so agreed shall be paid to the several persons interested in the premises; and it shall be lawful for all bodies politic, corporate, or collegiate, corporations aggregate or sole, husbands, guardians, trustees, and officers in trust, committees, executors, and administrators, and all other trustees whatsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of their cestui que trusts, whether infants or issue unborn, lunatics, idiots, femes covert, or other person or persons; and to and for all femes covert, who are or shall be seised in their own right, and to and for all and every other person and persons whomsoever, who are or shall be seised, possessed of, or interested in any such lands, tenements, buildings, or hereditaments, to contract for, sell, and convey, assign and surrender unto the said commissioners, or to such person or persons as they shall appoint, any lands, tenements, buildings, or hereditaments, for the purposes aforesaid, or to agree with the said commissioners for any recompence to be made for the damage which may be done to any such lands, tenements, buildings, or hereditaments, by the execution of any of the powers of this act; and all

such contracts and agreements, sales, conveyances, assignments, surrenders, and assurances, shall be valid and effectual in the law, to all intents and purposes whatsoever, not only to convey the estate and interest of the person and persons conveying, but also to convey all right, estate, interest. use, trust, property, claim, and demand whatsoever, of their several and respective cestui que trusts, whether infants or issue unborn, lunatics, idiots, femes covert, or other persons whomsoever, and all claiming or to claim by, from, or under them, any law, statute, usage, custom, or any other matter or thing whatsoever to the contrary notwithstanding: and all bodies politic, corporate, or collegiate, and all persons whomsoever, are hereby indemnified for what they, or any of them, shall do in the premises pursuant to this act, notwithstanding any omission or mistake of matter or form whatsoever; but if it shall happen that any such body politic, corporate, or collegiate, trustee or trustees, or other person or persons interested or concerned as aforesaid, shall, for the space of fourteen days after notice in writing, signed by the said commissioners, or any of them, and given to the principal officer or officers of such body politic, corporate, or collegiate, or to such trustee or trustees, or other person or persons respectively, or left at his, her, or their respective place or places of abode, or at the house of the tenant or tenants, occupier or occupiers, of such lands, tenements, buildings, or hereditaments, neglect or refuse to treat, or shall not agree with the said commissioners, or by reason of absence shall be prevented from treating, or shall not produce and evince a clear title to the tenements they are in possession of, or to the interest they claim therein, to the satisfaction of the said commissioners, then and in every such case, any one of his Majesty's justices of the peace for the said East Riding shall, and he is hereby empowered and required, from time to time, to issue out his warrant under his hand and seal, to the sheriff of the county of York, or if such sheriff shall be interested in the matter in question, then to one of the coroners of such county, commanding such sheriff or coroner to impannel, summon, and return twenty-four men, qualified according to the laws of this realm, to be returned for the trials of issues joined in his Majesty's courts at Westminster, to appear before his Majesty's justices of the peace, who shall be assembled at the then next general quarter sessions of the peace to be held for the said East Riding, in order that out of them a jury of twelve men may be drawn, and be sworn to enquire touching the matters in question; and in case a sufficient number of jurymen shall not appear at such time and place, the said sheriff or coroner shall return other honest and indifferent men, who can speedily be procured to attend that service, being qualified as aforesaid, to make up the said jury to the number of twelve, and all parties concerned may have their lawful challenges, against any of the said jurymen; and the justices of the peace for the said East Riding, and each of them, is and are hereby empowered and required, by warrant or warrants under his or their hands and seals or hand and seal, from time to time, as occasion shall require, to summon and call before them all such persons as shall be thought necessary to be examined as witnesses touching the matters in question; and the said justices of the peace for the said East Riding, or any one of them, may, on the application of either party, order and authorize the said jury, or any six or more of them, to view the places or matters in question, which jury upon their oaths, to be administered by the said justices, or any one of them (which oaths, as also the oaths to such person or persons as shall be called upon to give evidence, the said justices, or any one of them, is and are hereby empowered and required to administer) shall enquire of, assess, and ascertain the sum and sums of money to be paid for the purchase of such lands, tenements, buildings, or hereditaments, or the recompence to be made for the damages that may or shall be sustained as aforesaid, and to settle and ascertain in what proportions the sum or sums of money so assessed, shall be paid to the several persons interested in the premises; and the said justices so assembled as aforesaid (not being interested in the matter in question) shall give judgment for such purchase monies or recompence so to be assessed by such juries; which said verdict, and the judgment thereupon pronounced by the said justices, shall be binding and conclusive, to all intents and purposes, against all parties, bodies politie, corporate, and collegiate, and all persons whomsoever provided always, that such justices may adjourn such appeal

41 Geo. III.

c. 30.

In case the Proprietors of Lands shall not agree to sell, the Commissioners to issue a Warrant to the Sheriff to

summon a Jury to settle the Damages,

41 Geo. III.

c. 30.

Penalty on

Sheriff, Coroner,
Jury, or Witness
neglecting his
Duty.

Contracts,
Verdicts, Judg
ments, &c. to be
lodged among
the Records of
the Court of
Quarter
Sessions.

How Costs of Verdicts shall be paid.

Upon Payment of the Value assessed the

to any other sessions of the peace for the said East Riding, and finally determine the same at any of the said sessions, and give costs to either party, as they shall adjudge to be reasonable.

XLVII. Provided always, and be it further enacted, That if any sheriff, under sheriff, or coroner, shall make default in the premises, every such person shall for every such offence forfeit any sum not exceeding twenty pounds; and if any person so summoned and returned as a juryman shall not appear, or appearing shall refuse to be sworn, or being sworn shall refuse to give his verdict, or in any other manner wilfully neglect his duty, contrary to the true intent and meaning of this act, or if any person so summoned to give evidence shall not appear, or appearing shall refuse to be sworn, or to affirm or give evidence, every person so offending respectively, having no reasonable excuse, to be allowed by the said justices, shall for every such offence forfeit and pay such sums of money as the said justices, or the major part of them so assembled as aforesaid, shall appoint.

XLVIII. And be it further enacted, That all the agreements, contracts, sales and conveyances, and also all verdicts and judgments which shall be made and given in relation to any such lands, tenements, buildings or hereditaments as aforesaid (such verdicts and judgments being signed by any one of the justices of the peace, or by the clerk of the peace, or by the deputy clerk of the peace, who shall be present at the taking of such inquest) shall be copied into the book or books of the said commissioners, and be lodged for safe custody among the records of the court of quarter sessions, with the clerk of the peace for the said East Riding, or his deputy, who shall give to the said commissioners a receipt for the same when they shall be so lodged, which receipt shall be preserved by the said clerk to the said commissioners, and shall also be copied into the said commissioners book or books; and the said clerk of the peace, and his deputy, and clerk to the said commissioners, shall permit and suffer any person or persons from time to time and at all times within the office hours of attendance, to peruse and inspect the said originals and copies respectively, and to take copies thereof, or of any part thereof, upon paying for every such perusal, inspection, and taking of copies, the sum of one shilling, and no more.

XLIX. And be it further enacted, That in all cases where any verdict shall be given for a greater sum or recompence than shall have been offered by or on the behalf of the said commissioners, before the summoning of any such jury, for or in respect of any such lands, tenements, buildings, hereditaments, or damages as aforesaid, that then all the expences of such jury, and the witnesses attending in consequence thereof, and of the taking of such inquest, shall be paid by the said commissioners out of the monies to arise by virtue of this act; but if any verdict shall be given for no more or a less sum than shall have been so previously offered by or on the behalf of the said commissioners, then and in every such case such expences shall be paid by the owners of, or persons interested in the lands, tenements, buildings, or hereditaments in question, and shall and may in that case be deducted out of the sum to be paid to them by the said commissioners.

L. And be it further enacted, That upon payment of the sum or sums of money so to be assessed and adjudged as aforesaid, after such deduction as aforesaid, to the person or persons to whom the same shall be so adjudged, Estate to be con- for the purchase of the said lands, tenements, buildings, or hereditaments, veyed. or for the purchase of any estate or interest therein, such person or persons shall make and execute, or procure to be made and executed, good, valid, and legal conveyances, surrenders, assignments, and assurances in the law to the said commissioners and their successors, in trust for the purposes hereby intended; or any person or persons in trust for them, of the said lands, tenements, buildings, and hereditaments, or of such estate or interest for which such sum or sums of money shall be so adjudged; and shall procure all necessary parties to execute such conveyances, surrenders, assignments, and assurances, and shall do all acts, matters, and things necessary and requisite to make and derive a good, clear, and perfect title thereto, to the said commissioners and their successors, in trust for effecting the purposes hereby intended, and such conveyances, surrenders, assignments, and assurances shall contain all such reasonable and usual covenants as shall on the part of the said commissioners be required, and in case the person or persons to whom such sum or sums of money shall be adjudged as aforesaid

When a good

Title cannot be made, or legal

Conveyances.

executed,

t