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2 Geo. III. town, to make and settle ; and such persons so to be nominated, are hereby c. 70.

required, within two months after notice of such nomination, to make and settle one or more rate or rates, assessment or assessments, according to a pound rate upon the several inhabitants and occupiers of houses and tenements within the said town and liberties thereof, of the yearly rent or value of three pounds and upwards, for raising such sum or sums of money as the

said mayor and aldermen shall think necessary, and by such writing direct, Not to exceed Eightpence in

not exceeding in any one year eightpence in the pound, according to such the Pound.

valuation as the said houses or tenements are or shall be in the same year, or last were assessed to the public land-tax; which rate or rates, assessment or assessments, when made, shall be brought unto the mayor of the said town for the time being, and be allowed and confirmed by him and two or more of the justices of the peace of and for the said town, or by any four or more of the said justices without the mayor; and after the rate or rates, or assessments, are so made, allowed and confirmed, the said mayor and two or more of the said justices for the time being, or any four or more of the

said justices, without the mayor, shall have power, and are hereby authorised Rates not paid and required to cause the same to be levied, and by writing under their may be levied. hands, to appoint one or more collector or collectors, for collecting the same

by half-yearly or quarterly payments, as the said mayor and aldermen, or

major part of them shall think proper: and if any person or persons so to For appointing Collectors,

be appointed an assessor or assessors, collector or collectors as aforesaid, shall wilfully and obstinately, after notice of such their appointment, refuse

or neglect to assess or collect such rate or rates, or assessments, as aforesaid, Persons refusing every such person shall forfeit the sum of five pounds: and in case any to serve, to for

person or persons shall refuse or neglect to pay the rate or assessment upon feit Five Pounds

him, her, or them respectively to be assessed as aforesaid, by the space of ten days next after demand thereof made, it shall and may be lawful to and for the said collector or collectors, or any of them, by warrant under the hand and seal of the mayor, or under the hands and seals of any other two justices of and for the said town and county, to levy the same by distress and sale of the goods and chattels of such person or persons; rendering to him, her, or them, the overplus, if any be, after the necessary charges of taking and selling such distress shall be deducted: provided always, That no assessor or collector shall serve in the said office for more

than one year. Allowing an

IV. Provided always, and it is hereby declared and enacted, That if any Appeal against person or persons shall find him, her, or themselves aggrieved by any sum the Rates.

or suns of money to be charged upon him, her, or them, by any such rate or assessment as aforesaid, such person or persons so aggrieved may appeal to the first quarter sessions of the peace to be held for the said town and county next after the same shall be demanded, provided be, she, or they give notice to the person or persons demanding the same of his, her, or their intended appeal, within ten days after such demand; and the justices present at such quarter sessions are hereby empowered and required to hear

and finally determine the matter of such appeal. Persons quitting V. Provided always, and be it enacted, That where any person who their Houses, to shall be assessed pursuant to this act, shall remove from, or quit any mespay only for the suage or tenement before the rate assessed on him or her, in respect of such Time they continued in

messuage or tenement, or any part thereof, shall become due and payable, them, and next and where any other person or persons shall come into and occupy the same Occupiers to pay messuage or tenement from which the other so removed, then, and in every the Remainder.

such case, every such occupier shall be liable to pay his or her proportion of the said rate, or part of the said rate, when the same shall become due and payable, according to the time he or she shall have occupied the said messuage or tenement: and every person coming into or occupying any messuage or tenement, which was empty or unoccupied at the time of any general rate or assessment laid, shall be assessed, and pay a proportionable rate for the same messuage or tenement from the time of such bis entry thereinto ; and all such proportions shall be settled and ascertained, in case of any dispute, by the mayor of the said town for the time being, and be levied and recovered in manner as aforesaid. *

* This Section is re-enacted, see 4 Geo. III. c. 74. s. 2l. post.

VI.* Provided always, and be it furtber enacted, by the authority afore 2 Geo. III. said, That nothing herein contained shall extend to charge the inhabitants

c. 70. or occupiers of any houses or tenements situate in such places and parts of the said town or county, which are by law directed to be swept and cleansed at the costs and charges of the mayor and burgesses of the said town, out of Inhabitants of their common stock, with the payment of any greater share or proportion Places which are of the said rates or assessments, than by the said mayor and aldermen, or to be cleansed by

the Corporation the major part of them, in any common council assembled, shall be adjudged

to pay only in a just proportion for the expence of putting this act in execution, with Proportion for respect to the providing, lighting, and maintaining lamps within the said Lighting. town and liberties thereof. :

VII. Provided also, and it is hereby enacted, That no person or persons No Person to gain who shall be charged with, or pay any rate or assessment for the purposes a Settlement by aforesaid, or any of them, or who shall be employed as scavenger, raker or p

er or paying the Rate,

or being employcleanser, or as keeper or lighter of any lamps, by virtue or in pursuance ed under the Act of this act, shall gain, or thereby be deemed or construed to gain, any settlement in any parish or place within the said town. VIII. And be it further enacted, by the authority aforesaid, That such

Application of sum and sums of money as shall be raised, levied or collected, upon or by the Money. the rates cr assessments aforesaid, shall be paid and applied according to the orders and directions of the mayor and aldermen of the said town for the time being, or major part of them, for and towards the payment of the wages of the scavenger or scavengers to be appointed as bereafter mentioned, for sweeping, cleaning, and carrying away the dirt off and from the streets, squares, lanes and alleys, within the said town and liberties thereof, other than such streets and places as are to be swept and cleansed at the particular charge of the mayor and burgesses out of their public stock, as hereafter mentioned; and for and towards defraying the expences of buying lamps, and other charges necessarily attending the setting up, lighting, maintaining, and supplying the same with proper materials for lighting and keeping them in constant repair; and shall be accounted for accordingly by the collector or collectors thereof for the time being, to such person or persons as the mayor and aldermen of the said town for the time being, or major part of them, in common council assembled, shall order and direct : and such collector and collectors, and all and every person and Collectors to

account upon persons who shall collect or receive any money by virtue of this act, for the

Oath. purposes aforesaid, shall, from time to time, and as often as the mayor and aldermen for the time being, or major part of them, assembled as aforesaid, shall require, make and render to them, or unto such person or persons as they shall appoint a true and perfect account upon oath ; which said oath may be taken in writing, without any stamp thereupon, before the mayor, or any other justice of the peace of or for the said town and county, who are hereby respectively empowered and required to administer the same, of all such sums of money by such person or persons collected or received, or which shall have been rated or assessed as aforesaid, and not received, and all other matters and things committed to bis or their charge ; and pay and deliver unto such person or persons as the said mayor and aldermen for the time being, or major part of them, shall direct and appoint, all and every such sum and sums of money as shall be or remain in his or their hands at the time of such account: and if such collector or collectors, or other person or persons who shall receive any money as aforesaid, shall refuse or neglect to account for and pay such money being or remaining in his hands, as aforesaid, accordingly, the mayor, or any two justices of the peace of and for the said town and county, shall and may, by warrant under his or their hands and seals, cause the same to be levied by distress and sale of the goods and chattels of such collector or collectors, or person receiving as aforesaid, rendering the overplus to the owner, if any be, after the charges of such distress and sale are deducted, if the same is demanded : and in case a sufficient distress cannot be found, then the mayor of the said town, and any two or more of the justices of the peace of and for the said town and county, shall and may, by authority of this act, by warrant under their hands and seals, commit such collector or collectors, or person On Refusal, to

be committed. · This Section is expressly repealed by 4 Geo. III. c. 74. s. 24, post. + Thuis Section is virtually repealed by 4 Geo. III, c. 74, s. 12, post.

2 Geo. III. or persons so refusing or neglecting to account and pay as aforesaid, to the c. 70.

common gaol of the said town, there to remain without bail or mainprize, until he or they shall have made a true and perfect account, and paid so much as upon the said account shall appear to be or be remaining in his or

their hands, to such person or persons as aforesaid. For appointing

IX.* And be it further enacted, by the authority aforesaid, That it shall Scavengers.

and may be lawful to and for the mayor and aldermen of the said town for the time being, or the major part of them, in common council assembled, from time to time, to nominate and appoint such person or persons as they shall think fit, to be public scavenger or scavengers for the said town and liberties thereof, for sweeping, cleansing, and carrying away from off the streets, squares, lanes and alleys, within the said town and liberties thereof, (other than as aforesaid) the dirt, dust, filth, and soil thereof, at such times and in such manner as hereafter mentioned ; and to contract with such scavenger or scavengers for the same, and for providing such a number of servants or men, carts and carriages, as shall be deemed requisite and necessary for those purposes; and to order and direct on what days, or at what times in each and every week, the particular streets, squares, lanes and alleys in each ward within the said town and liberties thereof, shall be so swept and cleansed, and the dust, dirt, filth and soil, be carried off from ;

and also to order and direct wbat proportion or proportions of the money And paying to be raised by such assessment or assessments as aforesaid, and at what time them.

or times shall be paid, and by whom, to such scavenger or scavengers, for his or their trouble, charge, and expences, in and about the matters aforesaid; and to make such rules, orders, and directions (not inconsistent with any thing in this act contained) to be observed and kept by such scavenger or scavengers from time to time, and with and under such reasonable

penalties and forfeitures, as they shall think fit. Method pre

X.t And be it further enacted, by the authority aforesaid, That the scribed for scavenger or scavengers to be appointed as aforesaid, shall, from and after cleansing the

The first day of August in the said year 1762, once in every week sweep Streets.

and cleanse, and carry away the dirt, dust, filth and soil, from all and every the streets, squares, lanes and alleys, within the said town and liberties thereof (other than as aforesaid,) observing the orders and directions of the said mayor and aldermen, or major part of them, with regard to the days on which the streets in each ward are to be swept and cleansed as aforesaid ; and provide and bring such number of shovels, besoms, and other materials, carts, carriages, servants and men for those purposes, as shall be sufficient, or as by the said mayor and aldermen, or major part of them, shall be directed or agreed upon; and on the same day carry away all the dust, dirt, filth and soil, so to be swept and taken from off the said streets, squares, lanes and alleys, to some proper place out of the said town: and in case the said scavenger or scavengers shall at any time or times from and after the said first day of August last mentioned, and during his or their continuance in such office, omit or neglect well and sufficiently to sweep or cleanse any of the streets, squares, lanes or alleys or any part of them, on the days the same shall be appointed to be swept as aforesaid, then the said scavenger or scavengers shall, for every such neglect or omission, for. feit the sum of ten shillings, to be levied, recovered and applied as pecuniary forfeitures are by the said recited act directed to be levied, recovered and

applied. Scavengers not to

XI.I Provided always, and be it enacted, That the said scavenger or be obliged to scavengers shall not be obliged to take or carry away any dung, ashes, filth, carry away rubbish, dust or dirt, to be brought out of any house, stable, yard, garth or Dung, đc. out of Houses or

backside of any of the inhabitants in the said town, and laid in the said Buildings.

streets, squares, lanes or alleys, or any of them; but that every person who

shall throw, cast, set, or lay, or cause to be thrown, cast, set or laid, any Persons bringing dung, ashes, filth, rubbish, dust or dirt, into any of the said streets, squares, out the same to lanes or alleys, within the said town or liberties thereof, before the houses,

ence buildings, stables or walls, in his or their own occupation, or in the occuof carrying it away.

pation of any other person or persons, and shall not take or carry away the

• This Section is virtually repealed by 4 Geo. III. c. 74. s. 11 and 12, post.
+ This Section is virtually repealed by 4 Geo. III. c. 74. s. 11, post,

See 4 Geo. III, c. 74. s. 29, post,

same, or cause the same to be taken or carried away, at his or their own 2 Geo. III. particular expence, on the same day before it shall be dark, shall be liable

c. 70. to the penalty inflicted in such case by the said recited act, and be liable to be prosecuted for a nuisance for all such time after, as he or they shall permit such dung, ashes, filth, rubbish, dust or dirt, or any part thereof, to remain or continue to lie in any of the said streets, squares, lanes or alleys; save as in the said recited act is provided with respect to rubbish occasioned by pulling down, building, rebuilding, or repairing any house or tenement; any thing herein contained to the contrary notwithstanding.

XII. Provided also, and be it further enacted, That the street called the Places usually Market-Place, and all other places and things in the said recited act par. cleansed by ticularly mentioned to have been usually cleansed by the mayor and Mayor, &c. to burgesses of the said town of Kingston-upon-Hull, shall from henceforth be

continue so and

shall be cleased swept and cleansed at the sole costs and charges of the mayor and burgesses once a week at of the said town once a week at least, and at such other times, and so often least. as the mayor of the said town for the time being shall think fit and necessary; and no part of the assessments to be laid and collected as aforesaid shall be applied for the sweeping or cleansing the same, any thing herein contained to the contrary notwithstanding. *

XIII. And be it further enacted, by the authority aforesaid, That the Directions con. mayor and aldermen of the said town of Kingston-upon-Hull for the time cerning setting

up Lamps, and being, or the major part of them, when in common council assembled, shall

slipporting them. and may, and they are hereby authorized and required to order and direct what number of lamps, and of what sorts, shall be from time to time provided and set up in the said town and liberties thereof, for enlightening the said streets, squares, lanes and alleys, and in what place or places, and against what houses or walls therein the same shall be fixed; or where the same shall be placed, and from and to what time or times in each year the same shall be and continue lighted, and to and from what time in each night; and also to nominate and appoint, from time to time, or contract with one or more proper person or persons, to find and provide such number of lamps as aforesaid, and all proper materials for setting up, fixing, and enlightening the same: and to fix and light the same from time to time.

cording to such orders and directions as aforesaid : and to order and direct what proportion or proportions of the money to be raised by such assessment or assessments as aforesaid shall be from time to time, and by and to whom paid and applied, towards defraying the charges of providing, fixing, and lighting the said lamps.

XIV. Provided always, and be it enacted by the authority aforesaid, Deficiencies or That in case the money to be assessed and collected in any one year, by Overplus in Rates

to be made good virtue of this act, shall not be sufficient to answer the purposes for which

by, or rarried in the same were so assessed and collected, such deficiency shall be supplied ain of, future by the assessment for the next ensuing year: and in case, at the end of Rates. any one year, and the closiug the accounts of the said year, any surplus of the money to be raised for that year by such assessment or assessments to be made by virtue, and under the authority of this act, shall remain over and above what shall have been issued and applied for the purposes of the same act, such surplus shall, from time to time, as the same shall happen and arise, be paid and applied in aid of the succeeding year's expence, for the purposes before mentioned.

XV.f And be it further enacted, by the authority aforesaid, That the Lamps, &e. lamps, posts, irons, and furniture thereof, provided pursuant to the said vested in the recited act, and now vested in the mayor and burgesses of the said town, Mayor, &c shall be applied, as far as they will go, for the purposes of this act; and that the property of all the lamps, and furniture thereof, which shall be bought pursuant thereto, shall be also vested in the said mayor and burgesses; and that the penalties and forfeitures inflicted by the said recited act, for wilfully or otherwise taking away, breaking, throwing down,' damaging, or extinguishing the lamps to be set up, as therein mentioned, and the posts, irons and furniture belonging thereto, shall be extended to, and inflieted on, such persons who shall in like manner take away, break,

acc

• This Section is re-enacted by 4 Gen, Ull, c. 74, s 15, port,
+ This Section is virtually repealed by 4 Geo. Ill. c. 74, s. 10, post.
# The Lamps, &c. are vested in the church wardens by 4 Gen. III. o. 74, s. 31, post,

For these pebalties see 28 Geo, II, c, 27, s. 29, page 8.3, ante.

2 Geo. III. throw down, damage or extinguish any of the lamps to be set up pursuant

to this act, or of the posts, irons and furniture thereof, and shall be levied, c. 70.

recovered, mitigated, and applied, in such manner as the like penalties and forfeitures are in and by the said recited act directed to be levied, recovered,

mitigated and applied.* Nothing in this XVI, Provided always, and be it enacted, That any thing herein conAct to affect the tained shall not be construed, deemed or taken to repeal, alter, prejudice or Provisions in the me former Act

make void any of the clauses, powers, provisoes, directions and authorities, relating to the made, given or contained, in and by the said recited act, relating to the Poor,

maintenance and employment of the poor of the said town of Kingstonupon-Hull, or to the better paving and preserving the pavements of the streets, squares, lanes and alleys therein, or preventing obstructions therein; but all such clauses, powers, provisoes, directions and authorities, shall re

main, continue, and be in force, as if this act had not been made. Limitation of XVII. And be it further enacted, by the authority aforesaid, That no Actions.

action or suit shall be commenced against any person or persons whatsoever, for any matter or thing by him or them done in pursuance of this act, until notice in writing of such intended action or suit shall have been delivered to bim or them, or left at his or their usual place of abode, by the party intending to commence such action or suit, or his or her attorney or agent, at least one calendar month before such action or suit shall be coinmenced; in which notice shall be clearly and explicitly contained the cause of action, which such person hath, or ciaimeth to have, against such person or persons; and on the back of which notice shall be indorsed the name of such plaintiff, his attorney or agent; and that no such plaintiffs shall recover in any such case, where the action shall be grounded on any act or acts of any defendant or defendants, done in pursuance of this act, unless it be proved, upon trial to be had thereupon, that such notice was given as aforesaid ; but in default thereof, such defendant or defendants

shall recover a verdict, together with his or their full costs of suit. Defendant may XVIII. And be it further enacted, That it shall and may be lawful to and tender Amends. for any such defendant or defendants, within one calendar month next after

such notice given as aforesaid, to tender amends to the party complaining
or to his or her agent or attorney; and in case the same is not accepted, to
plead such tender in bar to any action to be brought against him, together
with the plea of not guilty, and any other plea, with leave of the court:
and if upon issue joined thereon, the jury shall find the amends so tendered
to have been sufficient, then they shall give à verdict for the defendant or
defendants: and in such case, or in case the plaintiff shall become non-
suit, or shall discontinue his or her action, or in case judgment shall be
given for such defendant or defendants upon demurrer, such defendant or
defendants shall be intitled to the like costs as he or they would have been
intitled to, in case he or they had pleaded the general issue only: and if
upon issue joined, the jury shall find that no amends were tendered, or that
the same were not sufficient, and also against the defendant or defendants,
or such other plea or pleas, then they shall give a verdict for the plaintiff,
and such damages as they shall think proper, which he shall recover,
together with his or her costs of suit,
* XIX. And be it further enacted, That no evidence shall be permitted to
be given by the plaintiff, on the trial of any such action as aforesaid of any
cause of action, except such as is contained in the notice hereby directed to
be given.

XX. And be it further enacted, That if any action or suit shall be General Issue,

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 six 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

• This Section, as to the penalties, is extended and enlarged by 50 Geo, III, C, 41, s. 53 and 54, pust

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