Page images
PDF
EPUB

5 Geo. IV. in or belonging to the said town, and being so respectively given or left, shall c. 13.

be deemed to be given and served according to the meaning of this act.

CXXII. Provided always, and be it further enacted, That no action or

suit shall be brought against any person or persons for any thing done under Limitation of colour of, or in pursuance of this act, except it be brought within three Actions

calendar months next after the fact shall have been committed out of which the cause of such action shall have arisea, and every such action shall be laid and brought in the county or place where the cause of action shall have arisen, and not elsewhere; provided also, that no plaintiff or plaintiffs shall recover in any action for any irregularity, tresspass or other proceeding, unless notice in writing shall have been given to the person or persons against whom the same is intended to be brought, or left at his, her or their last or usual place of abode twenty-one days before such action shall be commenced, signed by the attorney for the plaintiff or plaintiffs, specifying the cause of such action ; nor shall the plaintiff or plaintiffs recover in such action, if tender of sufficient amends shall be made by or on behalf of the party or parties who shall have committed or cause to be committed the said fact before such action brought ; and in case no such tender shall have been made, it shall and may be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, to pay into court such sum of money as he, she or they shall think fit, whereupon such proceeding or order and judgment shall be had, made or given in and by such court, as in other actions where the defendant is allowed to pay money into court; provided also, that the defendant or defendants in all and every such action or actions may plead the general issue and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance of and by authority of this act; and if upon the trial of such action or actions it shall appear to have been so done, or that such action or actions shall have been brought before the expiration of twentyone days next after such notice shall have been given as aforesaid, or after a sufficient satisfaction made, tendered or paid into court as aforesaid, or after the time limited for bringing the same as aforesaid, then and in such case the jury shall find for the defendant or defendants; and if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her or their action or actions, or if a verdict shall be found against the plaintiff or plaintiffs, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, then and in every such case the defendant or defendants shall and may recover treble costs, and have the like remedy for the same, as any defendant

or defendants hath or have for costs of suit in other cases of law. Saving rights of CXXIII. Provided always, and be it further enacted, That nothing herein Corporation, of contained shall in any manner abridge, infringe or lessen all or any of the Mayor, &c.

rights, franchises, immunities, powers or authorities of the mayor, recorder and aldermen of the said town of Kingston-upon-Hull, or of the mayor and aldermen of the said town, as justices of the peace within the same town and county thereof, or any of the accustomed rights and privileges of the said town.

CXXIV. Provided always, and be it further enacted, That this act, or any de Almshouses, &c.

thing herein contained, shall not any ways extend to give the said corporation hereby constituted any power and authority over any almshouse or hospital, or any other charitable gift or use within the said town or precinct already given, settled or erected, otherwise than was held and enjoyed by the said corporation constituted under and by virtue of the said recited acts, but that the same shall be wholly exempted therefrom; any thing herein

contained to the contrary notwithstanding. Saving Powers CXXV. Provided always, and be it further enacted, That nothing in this and Provisions in act contained shall extend or be construed to extend to repeal or alter any of former Acts as to Paving, &c.

the powers or provisions of the said recited act of the twenty-eighth year of the reign of King George the Second, or of any acts therein recited or referred to, so far as the same, or any of them, relate to or affect the better paving, preserving and cleansing the streets, squares, lanes and alleys in the said town, and preventing obstructions, and for preserving the lamps which shall be set up to enlighten the streets of the said town, and securing the property of such lamps to the owners, but the same shall remain in as full force and

effect in all respects as if this act had not been passed. .' Act made

CXXVI. And be it further enacted, That this act shall be deemed and Public.

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.

PART III.

IMPROVEMENTS.

CLASS 1.-STREETS, LAMPS, WATCHMEN, DRAINS AND

IMPROVEMENTS OF HULL.

[blocks in formation]

An Act for explaining, amending, and making more effectual, several Acts of Parliament, relating to the Maintenance and Employment of the Poor of the Town of Kingston-upon-Hull; and for better paving, preserving, and cleansing the Streets, Squares, Lanes and Alleys in the said Town, and preventing obstructions therein; and for preserving the Lamps which shall be set up to enlighten the Streets of the said Town, and securing the property of such lamps to the owners.

XVI.* And whereas, for the more regular and better paving and repair- Former Method . ing of the streets, squares, lanes and alleys in the said town, it hath been of paving the

Streets of Hull customary for the mayor and aldermen of the said town, in common council

recited. assembled, from time to time, as they saw occasion, to order and direct the said streets, squares, lanes and alleys to be new paved or repaired by such workmen as they, the said mayor and aldermen, thought fit; and the said mayor and aldermen have usually provided proper materials for the paving and repairing of the said streets, squares, lanes and alleys, and the occupiers of messuages, lands and tenements, fronting to the said streets, squares, lanes and alleys, have usually paid the said workmen, for their labour in paving and repairing the same, so much for every yard square lying before their said respective messuages, lands and tenements, in the said streets, squares, lanes and alleys, unto the middle thereof, as hath been, from time to time, agreed on, and thought reasonable, by and between the said mayor and aldermen, and the said workmen; but, of late, where some streets in the said town have been new paved or repaired by such order as aforesaid, several persons, occupiers of messuages, lands and tenements in the said town, have refused to pay their proportions of the wages of the said workmen, and, by reason of the deficiency of the laws in this respect, the said mayor and aldermen cannot compel the payment of such wages; for remedy thereof, and for the better paving and repairing of the streets, squares, lanes and alleys of the said town, be it enacted by the authority aforesaid, That from and after the said first day of May, one thousand seven hundred and Mayor and Alderfifty-five, the mayor and aldermen of the said town, for the time being, or men to order the

Streets to be the major part of them, in common council assembled, shall have full power paved, when they

see Occasions • Sect. I to 15, for the relief and employment of the poor, are repealed by 5 Geo. IV. c. 13. sec, 13. page 37. ante.

C. 27.

men:

28 Geo. II. and authority, from time to time, to order and direct any of the public

streets, squares, lanes and alleys, now being, or hereafter to be made, within the said town, or any part or parts of such sireets, squares, lanes and alleys, to be paved or repaired, when, and as often as they, the said mayor and aldermen, shall see occasion, and in such manner as they shall think fit (the said mayor and aldermen furnishing and providing, out of the corporation stock, proper materials for that purpose, and causing the same to be

brought to the place where such materials are to be used) and also to employ And to employ

any workman or workmen whom they shall think fit to pave or repair the Work men for that Porpose;

said streets, squares, lanes and alleys; and shall also settle the price to be and settle the paid to such workman or workmen, for their labour therein, by the rePrice to be paid

spective occupiers of messuages, lands or tenements, situate and being in them.

or adjoining to the said streets, squares, lanes and alleys, according to the quantity of ground, or number of yards square lying betwixt their respective messuages, buildings, walls or tenements, and the middle of the said

streets, squares, lanes or alleys. Occupiers of

XVII. And be it further enacted, That it shall be lawful for the work. Houses, &c. to

man or workmen, or any of them so to be appointed as aforesaid, immediately pay The Work.

after any of the said streets, squares, lanes or alleys, or any part thereof, shall be new paved or repaired by such order as aforesaid, to demand and receive of the respective occupiers of any messuages, or tenements, situate and being in, or adjoining to the said streets, squares, lanes or alleys, or such part thereof, as shall be so new paved or repaired, the respective proportions of the money payable by such occupiers respectively, according to the price which shall have been settled by the said mayor and aldermen as aforesaid; and all and every such occupier and occupiers is and are hereby required and directed to pay the respective sums charged upon him, her, or them respectively, for the new paving or repairing of the said streets, squares, lanes and alleys, or any of them, within ten days after such sums shall be demanded as aforesaid : and, in case the occupier or occupiers of any such messuage, land or tenement, messuages, lands or tenements,

shall neglect or refuse to pay his, her or their proportion or proportions of Distress for Non. such respective sums, within ten days after the same shall be demanded payment.

as aforesaid, the same shall and may be respectively levied on all and every such occupier or occupiers, so refusing or neglecting as aforesaid, by distress and sale of his, her or their goods or chattels, by warrant under the hands and seals of any two justices of the peace of and for the said town and county of Kingston-upon-Hull; the overplus if any be and be demanded, after all charges of making, keeping, and selling such distress shall be deducted, to be returned to the owner or owners of the goods or

chattels so to be distrained. Who are to be XVIII. And be it further enacted, That the churchwardens of the respecdeemed occupiersti of public Build

tive parish churches of the Holy Trinity and Saint Mary, within the said ings.

town of Kingston-upon-Hull, and the respective treasurers and trustees of and for the several chapels, meeting-houses and hospitals, within the said town for the time being, and the owners and occupiers of other public buildings within the said town, shall be obliged, and they are hereby respectively required, to pay the wages of the workmen, for new paving or repairing the streets, squares, lanes and alleys, in, or contiguous to which, the said churches, and church-yards thereto respectively belonging, and the said chapels, meeting houses and hospitals, and other public buildings, and the grounds thereto respectively belonging, are situate or being, in proportion to the extent and quantity of ground, lying betwixt the said churches and church-yards, chapels, meeting-houses and hospitals, and grounds thereto respectively belonging, and the middle of the same streets, squares, lanes and alleys respectively, so often as the same shall be new paved or repaired by such order as aforesaid; and shall be respectively subject to such distress and sale for the same respective proportions of the said wages, as the occupiers of messuages, lands and tenements are hereby made

liable to. Proprietors of XIX. Provided always, and be it enacted, That when and so often as the Water-works,

pavement of any of the said streets, squares, lanes or alleys, or of any part of &c. to pay the Expence of

them, shall be taken up, for the laying or mending of any water-pipes therein, making good the or for making or repairing any drains or sewers under the same, or other purPavements, taken poses, such pavements shall be new laid, and made good, in such manner up by them,

as the mayor and aldermen of the said town, for the time being, or the major 28 Geo. II. part of them, or any person to be by them appointed and authorized to non

c. 27. survey and overlook the paving and repairs of the streets, squares, Janes and alleys within the said town, shall direct, at the sole costs and charges of the proprietor or proprietors of the waterworks, bis, ber or their lessee or lessees, farmers or agents, or of the person or persons ordering and directing such pavements so to be taken up, or taking up the same respectively; such costs and charges to be levied by distress and sale of his, her or their Distress for Nonrespective goods and chattels, by warrant as aforesaid, in case the same shall payment. not be paid within ten days after demand made thereof by the person appointed to survey the paving and repairing of the said streets, squares, lanes and alleys as aforesaid ; the overplus, if any be and be demanded, being returned to the owner, after the charges of taking, keeping and selling such distress, shall be deducted.*

XX.t And whereas the occupiers of houses, lands and tenements within Recited that the said town and liberties thereof, called Trippet, have used and ought by

het hy Occupiers of

Houses used to law to sweep and make clean so much of the said streets, squares, lanes and clean the Streets. alleys within the said town and liberties aforesaid, as lie contiguous to, and fronting their respective houses, lands and tenements, and between the same and the middle of the said streets, squares, lanes and alleys, and to carry off the soil and dirt thereof; but of late are become very remiss and negligent in doing the same, to the great annoyance of the inhabitants and all other persons passing through the said town and liberties; for remedy thereof, be it further enacted by the authority aforesaid, That from and after the said Occupiers of

Houses neglect. first day of May, one thousand seven hundred and fifty-five, if the occupier

ing to clean the of any house or houses, lands or tenements, within the said town and Streets after liberties aforesaid, shall refuse or neglect to clean so niuch of the streets, Notice, squares, lanes or alleys within the said town and liberties, as do or shall lie contiguous to, fronting and between his or her said house or houses, lands or tenements respectively, and the middle of any of the said streets, squares, lanes or alleys, or to carry off the dirt, filth and soil thereof, for the space of two days next after public notice shall be given, by order of the mayor of the said town, by the public bellman thereof, for the inhabitants or occupiers of houses, lands or tenements within the said town, to make clean the streets, squares, lanes and alleys thereof, now made, or hereafter to be made, before their respective houses, lands and tenements; then, and in every such Justices to ap

point Persons to case, it shall be lawful for any person or persons to be for that purpose ap

clean the same. pointed by the justices of the peace of and for the said town, and county of the same town, at any of their quarter sessions, to be held for the said town and county thereof, to clean and carry off the dirt, filth and soil, from so much of every of the said streets, squares, lanes or alleys, as every such occupier shall refuse or neglect to make clean, or carry off the dirt, filth and

Charge to be paid soil from, as aforesaid ; and if any such occupier shall refuse, after demand by such cmade, to satisfy such person or persons, to be appointed as aforesaid, for his cupiers. or their trouble and charge in cleaning and carrying off the dirt, filth and soil from such part or parts of any of the said streets, squares, lanes or alleys, as such occupier shall have neglected to clean, or carry the dirt, filth or soil from as aforesaid, then such person or persons, so to be appointed as aforesaid, shall and may, by warrant under the hand and seal of the mayor of the said town for the time being, or under the hands and seals of any two justices of the peace of and for the said town and county of the same, levy, by distress and sale of the goods and chattels of every such offender, such sum or sums of money as the said mayor, or the said two justices, Distress for Nonshall assess, and direct in such warrant to be paid to such person or persons payment. for his or their trouble and charge aforesaid, rendering the overplus, if any be, to the owner of such goods and chattels (after deducting the reasonable charges of such warrant, and of such distress and sale) when demanded ; and, in case sufficient distress cannot be found, then the mayor of the said Tfnod

the said If no Distress town, for the time being, or any two of the said justices shall and may, by to be found. virtue of this act, commit every such offender to the house of correction Occupier to be within the said town, there to remain and be kept to hard labour, for any committed. time not exceeding one calendar month, or until he or she shall pay the sum

• The clauses for paving the streets are confirmed by 4 Geo. III. c. 74. s. 30, and sce 50 Geo. III. c. 41. 8. 121. post.

+ This Section is virtually repealed by 2 Geo. III. c. 70.8. 9. post.

or sums of money, by such warrant directed to be paid by him or her as

28 Geo. II.

c. 27.

[ocr errors]

XXI.* And it is hereby further enacted and declared, That the respective

churchwardens of the said several parish churches, and the respective treaPersons deemed surers and trustees of and for the several chapels, meeting-houses, and Occupiers of hospitals aforesaid, for the time being, and every of them, shall be respecpublic Buildings, tively deemed occupiers of the said respective churches, chapels, meeting. to clean the Streels conti

houses and hospitals, for the purpose of cleaning the streets, squares, lanes guous thereto;

and alleys in, or contiguous to which, the said churches and church-yards, chapels, nieeting-houses and hospitals, and the grounds thereto respectively belonging, are situate or being; and shall be respectively liable to clean so much of the said streets, squares, lanes and alleys as lies contiguous to, and fronting and betwixt the said respective churches, chapels, meeting. houses and hospitals, and the grounds thereunto respectively belonging,

and the middle of the said streets, squares, lanes and alleys, and to a And in Default distress, in manner as aforesaid, for such sum and sums of money as the said subject to a Distress for Non mayor, or two justices shall assess, and direct to be paid by them respecpayment of the tively to the person or persons who shall be appointed to clean the said persons em. streets, squares, lanes and alleys as aforesaid, in case of their neglecting reployed.

spectively to clean the same, within two days after public notice given as aforesaid, and to pay and satisfy such person or persons for his or their

trouble in cleaning the same as aforesaid. Proviso, touching XXII. Provided always, and be it enacted, That the street called the such Parts of the market-place, the fish-shambles, that part of the butchery or street which Town, as are to be

be lies under the town's hall, and the front of the said fish-shambles to the paved and cleans. ed by the Cor.

middle of the said street, all the common staiths and breast-work thereof, poration. next the haven, the gateways of Myton, Beverley and North.gates, and

the way from the said North-gates, over the arched bridge over the out. ward moat, to the south-west corner of Master Bladyes's ship-yard, all the lane ends and trunks over the cross gutters at the lane ends, and all the grates and grate heads, and frames thereof, and all the common sewers arched, under the pavements in the said town and all such other places within the said town, as have usually been paved and cleansed by the said mayor and burgesses, shall be paved, repaired, swept, cleansed, provided and made good, and the way leading from Beverley Gate and Myton Gate, to the far side of the bridge over the outward moat, shall be swept and cleansed, at the sole costs and charges of the mayor and burgesses of the said town, out of their public stock, from time to time, from henceforth and at such times, and so often as the mayor and aldermen of the said town, for the time being, or the major part of them shall think fit; any

thing herein before contained to the contrary notwithstanding.t No Alteration to XXIII. And be it further enacted, That no person or persons shall make, be made in the Form or Pave

or cause to be made, any alteration in the form or pavement of the streets, ment of the squares, lanes, or alleys, in the said town, or of any part of them, or any of Streets, without them, or any incroachment therein, without the consent and approbation of Consent of the

the mayor for the time being, upon pain of forfeiting, for every such Mayor.

offence, the sum of ten shillings, to be levied, recovered and disposed of,

as hereinafter is mentioned : and if any such alteration or incroachment Alteration if not shall be made in any part of the said streets, squares, lanes or alleys, or any approved by the of them, with or without the consent and approbation of the mayor for the Mayor and Alder. men in Common time being, and such alteration or incroachment shall not be allowed of council,

and confirmed, by the mayor and aldermen of the said town for the time being, or the major part of them, when in common council assembled, next after notice shall be given them of such alteration or incroachment, the person or persons making or causing the same to be made, shall, at his,

her, or their own costs and charges, within fourteen days next after notice To be reformed shall be given him, her, or them, of such disallowance of the said alteration by the Persons or incroachment by the said mayor and aldermen, reform, or take away the making the same.

same, and put such part of the street, square, lane, or alley where the same shall have been made, in the same form and condition, it was before the making of the said alteration or incroachment; and in case of his, her, or their neglect or refusal so to do within such time, as aforesaid, then the

• This Section is virtually repcaled by 4 Geo. Ill. c. 74. s. 16. post.

+ This Section is confirmed and extended by 2 Geo. III. c. 70. s. 12. and 4 Geo. III. 2. 74, s. 15. See also 50 Geo. III. c. 41, s. 77. post,

Penalty.

« PreviousContinue »