mayor, or any two of the aldermen of the said town, for the time being, shall and may order any proper workman or workmen to reform the same alteration or incroachment, and put the said part of the said street, square, lane or alley, in the same form and condition it was before, and by warrant under the hand and seal, or hands and seals of the said mayor, or the said two aldermen, levy such costs and expences for so doing, as shall be by him or them judged reasonable, by distress and sale of the goods and chattels of the person or persons who made or caused to be made such alteration or incroachment, together with the charges of such warrant, distress and sale, rendering the overplus, if any be, to the owner of such goods and chattels when demanded. 28 Geo. II. c. 27. Charges to he levied by Distress upon the Persons neglecting to reform such Alteration. XXIV. Provided always, That nothing herein contained shall prevent or Proviso. hinder any person or persons from having or taking any other legal remedy against any person or persons for any incroachment, that is or shall be made within the said town. XXV. And be it further enacted, That if any person or persons shall hereafter throw, cast, set or lay, or cause, or permit or suffer, to be thrown, cast, set or laid, any coal-ashes, wood-ashes, rubbish, dust, timber, dung, filth, lime, tubs, casks or goods of any kind, into any open street, square, lane, alley or public passage or place within the said town, before or against his, her or their dwelling-house or houses, buildings, stables or walls, or the dwelling-house or houses, buildings, stables or walls, in his, her, or their own occupation, and shall not take or carry away the same, or cause the same to be taken or carried away on the same day, before it shall be dark, or shall throw, cast, set or lay any coal-ashes, wood-ashes, rubbish, dust, timber, dung, filth, tubs, lime, casks or goods of any kind, before or against any house or houses, buildings, stables or walls, of any other person or persons, or before or against any church or church-yard, or other public place or building within the said town, or shall make up any lime in any of the public streets, squares, lanes or alleys thereof; every such person, offending as aforesaid, and being thereof lawfully convicted, either upon his or her own confession, or upon the oath of one or more credible witness or witnesses, before the mayor, or any one or more of the justices of and for the said town (which oath the said mayor, and every of the said justices, are hereby empowered to administer) or upon view of the said mayor, or of any such justice or justices, shall, for every such offence, forfeit the sum of five shillings, to be recovered, levied, and applied as hereinafter is directed.* XXVI. Provided always, That no person shall be subject to the said last mentioned penalty of five shillings, for any rubbish or dirt being thrown, or lying in the said streets, squares, lanes or alleys, or any of them, before the house or tenement of such person, occasioned by the pulling down, building, rebuilding or repairing of any such house or tenement; so as there be a convenient passage left in the same street, square, lane or alley, where such rubbish or dirt shall lie, for coaches, carts and carriages, and kept clean for foot passengers, by the person laying, or occasioning such dirt or rubbish to be so laid; and so as the owner or owners of such house or tenement, before which such rubbish shall lie, shall cause the same to be removed out of the said street, square, lane or alley, at his or their own costs and charges, within a reasonable time, or upon notice to be given to him or them for that purpose, by the mayor for the time being, or any other justice of the peace of and for the said town; and so as whilst the same shall be lying in the said street, square, lane or alley, such owner or owners shall set up and maintain a sufficient light upon or against the same every night, from the time it becomes dark, to prevent any mischief to passengers, which might otherwise be occasioned thereby.+ XXVII. And whereas the streets and lanes of the said town are, in general, very narrow, and frequently obstructed by carts, waggons, trucks and other wheel carriages, standing or remaining in the same longer than is necessary; be it therefore enacted by the authority aforesaid, That no cart, waggon, truck or other wheel carriage, with or without horses or other cattle, shall be permitted to remain in any of the public streets, squares, lanes or passages in the said town, longer than is or shall be necessary for loading or This Section is confirmed by 4 Geo. III. c. 74. s. 29. See also 50 Geo. III. c. 41. s. 75 and 78, post. + Sce 50 Geo. III. c. 41. s 79 and 82, post. Clause to prevent the laying of Annoyance, in Dirt, or other the Streets. Penalty for offending. Proviso touching Rubbish; occa sioned by building or repairing Houses. Clause to L 28 Geo. II. c. 27. Penalty for offending. Clause, to restrain the Number of Horses drawing Carriages in the said Town, And the Breadth of the Wheels, and Manner of their being bound. Penalty for offending against these Provisions. Recital that there are no public Lamps, but that many Inhabitants intend to set up and maintain lamps. Property of such Lamps vested in the Owners. unloading the same respectively; and that no hackney coach shall be permitted to stand, or remain in any of the said public streets, squares, lanes or passages, unless whilst in waiting for any person or persons, who hath or have sent for or hired the same: and if any person making or occasioning any such annoyance or obstruction as aforesaid, upon notice given by the said mayor, or any of the said justices, to remove the same, shall neglect or refuse so to do within the time limited and directed by such notice; or if any person or persons shall pass in or through the said town with any waggon, cart, truck or other wheel carriage, used for the carriage of goods, wares and merchandizes, and drawn by one or more horse or horses, or other cattle, without leading the same on foot, or shall lead or drive them in or through the said town, or any of the streets, squares, lanes, or passages thereof, faster than a foot pace, to the annoyance of any of the inhabitants or others, being in, or passing along the said streets, squares, lanes or passages or any of them; every person so offending, and being thereof convicted, either upon his or her own confession, or upon the oath of one or more credible witness or witnesses, before any one or more of the justices of the peace of the said town and county of the same (which oath the said justices are hereby respectively empowered to administer) or 'upon view of any of the said justices, shall for every such offence, forfeit the sum of five shillings, to be recovered, levied and applied as hereinafter is mentioned.* XXVIII. And, for the better preserving and keeping of the pavements of the streets, squares, lanes and alleys in the said town in good condition and repair, be it further enacted by the authority aforesaid, That from and after the said first day of May, one thousand seven hundred and fifty-five, no waggon, cart, car, truck or other wheel carriage, to be used for the carriage of any goods, wares or merchandizes, from any one part or place of the said town to any other part or place within the same town, or for the bringing of any goods, wares or merchandizes, or other things whatsoever (except corn in the straw, hay or straw) to the said town, from any place within two miles distance thereof, or for carrying away any goods, wares or merchandizes, or other things whatsoever (except as aforesaid) from the said town, to any place within the same distance, shall be drawn with above the number of three horses or other cattle; nor shall the wheels of any such carriage be of less breadth in the fellies than nine inches, or be bound or shod with iron, unless shod or bound in such manner as the mayor and aldermen of the said town, for the time being, or the major part of them shall, from time to time, direct or allow of and if any waggon, cart, car, truck or other wheel carriage, used as aforesaid, shall be drawn with more than three horses, or other cattle as aforesaid, or shall have the wheels of less breadth than nine inches as aforesaid, or bound or shod with iron in other manner than as aforesaid, the owner of such carriage, being convicted of such offence, by his or her own confession, or by the oath of one or more credible witness or witnesses, before any one or more of the justices of the peace for the said town, shall, for the first offence, forfeit the sum of ten shillings, and for the second offence the sum of twenty shillings, and for the third and every other offence, the sum of thirty shillings; to be recovered, levied and applied as hereinafter is directed.† XXIX. And whereas there are no public lights in the said town, to enlighten the streets, squares, lanes or alleys thereof in the night time, but many of the principal inhabitants in the said town do propose to set up and maintain lamps against their own houses, or against other parts or places in the said streets, squares, lanes or alleys, and to light such lamps in the night time, so as the property thereof may be secured to themselves, and sufficient provision be made to prevent the same, and the posts, irons, and other furniture thereof, from being broken or destroyed, and the lights from being extinguished; be it therefore enacted by the authority aforesaid, That all and every person or persons, who shall at any time or times hereafter, at his, her or their own costs and charges, set up or fix any lamp or lamps in any of the streets, squares, lanes or alleys of the said town, or This Section is confirmed by 4 Geo. III. c. 74. s. 29. and extended and enlarged by 50 Geo. III. c. 41. s. 86, post. + See 23 Geo. III. c. 55. s. 50, post. The public lamps were vested in the mayor and burgesses by 2 Geo, III c, 70, s. 15, and are now vested in the churchwardens by 4 Geo. III, c, 74, s. 31, post, liberties thereof, before or against his, her or their house or houses, tenements or walls, or against, or in any other parts or places of such streets, squares, lanes or alleys, shall be deemed the rightful owner or owners of the lamp or lamps, so by him, her or them, respectively set up as aforesaid, and of all the posts, irons and furniture, to such lamps respectively belonging, to all intents and purposes; and that, if any person or persons shall wilfully and maliciously take away, break, or throw down, or otherwise damage any such lamp or lamps, or the posts, irons, or other furniture thereof, or extinguish any of the said lamps when lighted, every person so offending, and being thereof convicted by the oath of any one or more credible witness or witnesses, before any one or more of the justices of the peace of and for the said town and county of the same, or upon confession of the party accused, or upon the view of any one or more of the said justices, shall, for the first offence, forfeit the sum of five shillings for each lamp so taken away, thrown down, broken, damaged or extinguished as aforesaid, and, for the second offence, the sum of ten shillings, and, for the third and every other offence, the sum of fifteen shillings; and shall likewise, for every such offence, make full satisfaction to the person or persons who shall be injured thereby or, in case any person or persons shall carelessly, negligently or accidently break, throw down, or otherwise damage any of the said lamps, so to be set up or fixed as aforesaid, or the irons, posts, or other furniture thereof, or extinguish the light thereof, and shall not immediately, upon demand, make satisfaction to the owner or owners thereof, for the damage which he, she or they shall sustain thereby, then, and in every such case it shall be lawful for any one or more of the said justices, upon complaint to him or them made by the person or persons so injured, to summon before such justice or justices the person or persons who shall be complained of for doing such damage as aforesaid; and, upon hearing the allegations and proofs of both parties, or nonappearance of the person or persons complained of, to award such sum or sums of money, by way of satisfaction for such damage, as such justice or justices shall think reasonable: and, in case of refusal or neglect to pay any of the sums of money so awarded, within three days after demanded, to cause the same, by warrant under the hand and seal, or hands and seals of such justice or justices, to be levied by distress and sale of the goods and chattels of the person or persons who shall so have done such damage; rendering to him, her, or them the overplus, if any shall be, after deducting the costs and charges of such warrant, and of such distress and sale when demanded; and in case no sufficient distress can be found, such justice or justices shall and may, by like warrant, commit the person or persons so neglecting or refusing to pay the sum or sums, so to be awarded as aforesaid, to the house of correction, there to remain until he, she or they shall make such satisfaction as aforesaid, to the party injured, or for any time, not exceeding the space of one calendar month.* XXX. Provided always, That if any such lamp or lamps, or the posts, irons, or furniture thereof, shall be so fixed or set up, as to be deemed a public inconvenience or nuisance by the mayor and aldermen of the said town for the time being, or the major part of them, then the fixing of the same shall be altered and regulated as they shall approve of, at the charges of the owner of such lamp or lamps, or the same shall be taken down.t XXXI. And be it further enacted, That all pecuniary penalties and forfeitures by this act imposed and incurred, for the recovery whereof no other provision is by this act made, shall be levied and recovered by distress and sale of the offenders goods and chattels, by warrant or warrants under the hand and seal, or hands and seals of the mayor of the said town for the time being, or of any one or inore of the other justices of the peace of and for the said town and county thereof, which warrant or warrants the said mayor and justices are hereby respectively empowered and required to issue, upon conviction of the offender as aforesaid; and the overplus, if any be, shall when demanded, be returned to the party whose goods or chattels shall be so distrained, the charges of such distress and sale, and warrant for the same, being first deducted: and in case no sufficient distress of the goods or chattels of any such offender can be found, at the issuing of any These penalties are confirmed and extended by 2 Geo. III. c. 70, s. 15; 4 Geo. III. c. 74, s. 31, and 50 Geo. III, c. 41, s. 53 and 54, post. + See 4 Geo. III. c, 74, s. 32, post. 2 Geo. 111. c. 70. If uo Distress to be found, Offenders to be committed. Application of the Penalties. Penalties may be mitigated. Limitation of General Issue. Treble Costs. Public Act. such warrant or warrants of distress as aforesaid, then and in such case it shall be lawful for the mayor, or justice or justices of the peace, before whom such offender or offenders shall be convicted as aforesaid, to commit him, her, or them, to the house of correction, there to be kept to hard labour for any time not exceeding three months, or until such pecuniary penalty or forfeiture shall be paid. XXXII. And it is hereby further enacted, That all the pecuniary penalties and forfeitures, to be recovered or levied by virtue of this act, and not herein otherwise particularly disposed of, shall be paid and applied in manner following; that is to say, one moiety thereof to the person or persons who shall inform and prosecute for the same, and the other moiety thereof shall be paid to the treasurer or treasurers for the time being of the said corporation of the governor, deputy governor, assistants and guardians of the poor in the said town, to be applied towards the maintenance of the poor under the care of the same corporation, and in ease of the assessments for that purpose. XXXIII. Provided always, That it shall be lawful for the said mayor and justices of the peace for the time being, or any two of them, from time to time, where they shall see cause to mitigate, compound, or lessen any of the pecuniary penalties or forfeitures aforesaid, as they, in their discretion shall think fit, so as such mitigation, or composition do not extend to remit above one moiety of the penalty or forfeiture inflicted and directed to be levied by this act; and every such mitigation or composition shall be a sufficient discharge to the persons offending respectively, for so much of the said penalty or forfeiture, as shall be so mitigated, lessened or remitted; and the informer's share thereof shall be abated in proportion. XXXIV. And be it further enacted, That if any action or suit shall be commenced against any person or persons for any matter or thing done in pursuance of this act, in every such case the action or suit shall be brought within three months next after the cause of action shall arise, and not afterwards; and shall be laid and brought in the town or county of the town of Kingston-upon-Hull, or in the county of York, and not elsewhere; and the defendant or defendants in such action or suit shall and may plead the general issue, and give this act and the special matter in evidence, on any trial to be had thereupon; and if it shall appear to be done in pursuance of this act, or that such action or suit shall be brought after the time herein before limited in that behalf, or shall be brought in any other county or place, than as aforesaid, then the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his, her or their action or suit, after the defendant or defendants shall have appeared, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall recover treble costs of suit, and have like remedy for the same as any defendant or defendants hath or have in other cases by law. XXXV. And it is hereby further enacted and declared, That this act shall be taken and allowed, in all courts of justice within this kingdom, as a public act; and all judges and justices are hereby required to take notice thereof as such, without specially pleading the same. Freamble. An Act to amend, and render more effectual, several* Acts made for cleansing and enlightening the Streets of the Town of Kingston-upon-Hull, and for preventing annoyances therein. I. WHEREAS, by an act of parliament passed in the twenty-eighth year of the reign of his late Majesty King George the Second, intituled, "An Act for explaining, amending, and making more effectual, several Acts of Parliament relating to the maintenance and employment of the poor of the There was only one act, the 28 Geo, III, c. 27. page 77, ante, 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;" it was amongst other things enacted, That from and after the first day of May, 1755, if the occupier of any house or houses, lands or tenements, within the said town and liberties thereof, therein called Trippet, should refuse or neglect to clean so much of the streets, squares, lanes or alleys, within the said town and liberties, as did or should 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 filth, dirt and soil thereof, for the space of two days next after public notice should 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 then made, or thereafter to be made, before their respective houses, lands and tenements; then, and in every such case, it should be lawful for any person or persons, to be for that purpose appointed by the justices of 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 filth, dirt and soil, from so much of every of the said streets, squares, lanes, or alleys, as every such occupiers should refuse or neglect to make clean, or carry of the filth, dirt, and soil from as aforesaid: and if any such occupier should refuse, after demand made, to satisfy such person or persons to be appointed as aforesaid, for his 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 should have neglected to clean or carry the dirt from as aforesaid; then such person or persons so to be appointed as aforesaid, should and might, 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 should assess and direct in such warrant to be paid to such person or persons for his or their trouble as aforesaid. 2 Geo. III. c. 70. Recital of former II. And whereas, in and by another part of the said recited act, provision And for preserv was made for preserving the lamps, and the posts, irons, and other furni- ing the Lamps. ture thereof, then proposed to be set up and maintained by many of the principal inhabitants of the said town, for enlightening the streets, squares, lanes and alleys thereof; but no provision being made in the said act for setting up, maintaining, and lighting any lamps in the said town at the public expence, the method then proposed of enlightening the said town at the private expence of particular inhabitants therein hath proved ineffectual, and the means prescribed by the above mentioned act for cleaning the streets, squares, lanes and alleys in the said town, have proved inconvenient, and also ineffectual for the purposes intended, by reason of the number of empty houses therein; and it is deemed necessary that one or more assessment or assessments should be laid on the occupiers of houses, lands and tenements in the said town, for defraying the expences of one or more public scavenger or scavengers, to be appointed for cleaning the said streets, squares, lanes and alleys; and of some proper person or persons to be appointed for setting up, maintaining and lighting, in the night time, a sufficient number of lamps therein, in such places as shall be thought necessary and proper. III. May it therefore please your Majesty, That it may be enacted, and be it enacted, by the King's Most Excellent, Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present parliament assembled, and by the authority of the same, That the mayor and aldermen of the said town of Kingston-upon-Hull for the time being, or the major part of them, within one month next after the twentyfourth day of June in every year, shall by writing under their hands, For making nominate and appoint one or more inhabitant or inhabitants within the said Rates. • This Section is virtually repealed by 4 Geo. III. c. 74, s. 4 and 5, post. |