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4 Geo. III. sort of lamps as aforesaid as shall be set up within his or their respective c. 74.
wards, according to such regulations as the said assessors, or the major part of them, shall agree upon, and of the proper and necessary materials for setting up the same, and for fixing, supporting, and repairing the same, and for lighting, trimming, and keeping the said lamps lighted at the times and in manner as hereinbefore mentioned, and also in paying the wages of scavengers, sweepers, and other labourers and servants for sweeping, cleansing, and carrying away the dirt and soil from the streets, squares, lanes and alleys within his and their respective wards, (except such parts thereof as are to be swept and cleansed at the costs of the mayor and burgesses of the said town, and of the churchwardens of the said several parish churches, and of the respective treasurers and trustees of and for the several chapels, meeting-houses and hospitals, as hereafter mentioned ;) and shall and may, within and during the time of his or their continuance in the office of assessor or assessors, enter into and make such contracts and agreements, by the year or less time, with such person and persons, and upon such reasonable terms, for the undertaking and performing of all or any of the matters and things aforesaid relating to the lighting, sweeping, cleaning, and carrying away the dirt from off the said streets, squares, lanes and alleys in manner aforesaid (except as aforesaid) as he or they shall think fit ; which persons, so to be contracted with, shall be subject and liable to such pecuniary forfeitures and penalties for non performance of their respective contracts as the said assessor or assessors shall impose, and the said
contractors respectively agree to. No Officer of the XIII. Provided always, and be it further enacted, by the authority aforeCorporation to be said, That the mayor, recorder, and aldermen of the said town for the time appointed an
being, or any of them, or any other officer or officers of the corporation of Assessor.
mayor and burgesses of the same town, or any elder brother or assistant of the corporation of ihe Trinity-House in Kingston-upon-Hull, shall not be chosen or appointed an assessor or assessors, collector or collectors, or into any other office for any of the purposes aforesaid, but shall be wholly exempt from serving any of the said offices.
XIV. Provided also, and be it further enacted, by the authority aforesaid, In case of Neglect of chossing
That if in any one year, through the neglect of the church wardens of the Assessors,
said respective parishes, or any of them, or for or through any other cause or neglect, such assessors as aforesaid shall not be chosen or appointed for the said respective wards within the time herein before limited and pre. scribed for that purpose, or if such assessor or assessors shall neglect to settle or ascertain what gross sum shall be raised for the purposes aforesaid, or to make and settle such rate and assessment for the raising thereof as
hereinbefore mentioned within the time for that purpose herein before The Mayor and
limited, then and in either of the said cases, the mayor and aldermen of the Aldermen to settle the
said town of Kingston-upon-Hull for the time being, or the major part of Assessments. them, shall and may and are hereby authorized and required to settle and
determine what sum of money shall be requisite for the purposes of this act, and to be raised upon the several occupiers of houses and tenements within the walls and gates of the said town rateable as aforesaid, until the next annual election of assessors as herein before directed, and to appoint two assessors in and for each of the said seven wards, to rate and assess the same, and proportion out the same in and upon the said several wards in manner as hereinbefore is directed to be done by the assessors to be elected as first hereinmentioned ; and also to appoint two substantial inhabitants in each of the said wards, being householders, to collect the rates and assessments in and for each of the said wards; and such assessors and collectors, so to be appointed by the said mayor and aldermen, or the major part of them, as aforesaid, shall and are hereby required to take upon them the said offices respectively, and execute the same in rating, assessing, proportioning, collecting, and levying, and applying for the purposes aforesaid the sum of money so to be settled and determined to be raised in the same year by the said mayor and aldermen, or the major part of them, at and within such times and in such manner as they shall, by writing under their hands, direct, and under such penalties and forfeitures for neglecting or refusing to execute their said respective offices, as the assesssors and col. lectors, hereinbefore first directed to be elected and named, are hereby made subject and liable.
XV. Provided always, and be it further enacted, by the authority afore. 4 Geo. III said, That the street called the Market Place, the Fish Shambles, that part of the butchery or street which lies under the town hall, and the front
c. 74. of the said Fish Shambles to the middle of the said street, all the common staiths and breast-work thereof next the haven, the gateways of Hessle, Places to be Myton, Beverley, and North Gates, all the grates and grate heads, and all cleaned at the other places, as well within the walls and gates of the said town as without, Expence of the which have usually been swept and cleapsed at the expence of the mayor
Corporation. and burgesses thereof, shall from henceforth be swept and cleansed at the sole costs and charges of the said mayor and burgesses, at such times and so often as herein before mentioned; 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. *
XVI. Provided also, and be it further enacted and declared, by the Church wardens authority af resaid, That the respective churchwardens of the said several of Churches, &c. parish churches, and the respective treasurers and trustees of and for the to be deemed
Occupiers. several chapels, meeting-houses and hospitals within the said town for the time being, and every of them, shall be respectively deemed occupiers of the said respective churches, chapels, meeting-houses and hospitals aforesaid, for the purpose only of cleaning the streets, squares, lanes and alleys in or contiguous to which the said churches and church-yards, chapels, meeting-houses and hospitals, and the grounds thereunto respectively belonging, are situate or being, and shall respectively sweep and clean or cause to be swept and cleansed, and the dirt and soil to be carried off and from so much of the said streets, squares lanes and alleys as lies contiguous to and fronting the said respective churches, church-yards, chapels, meetinga houses, and hospitals, and the grounds thereunto respectively belonging, and the middle of the said streets, squares, lanes and alleys, at their respective proper costs and charges, at such times and so often as the other parts of the said respective streets, squares, lanes and alleys shall be swept and cleansed by or by the order of the assessors of the respective wards wherein the same respectively lie; and in case the said respective church wardens, treasurers, or trustees, shall at any time or times neglect to sweep, cleanse, and carry off the dirt and soil from the respective parts of the streets, squares, lanes and alleys, which are respectively required to be swept and cleansed by them as aforesaid, then and so often the assessors of the respective wards wherein the said parts respectively lie shall sweep and clean and carry the dirt and soil off and from the same the next day (unless it shall happen to be Sunday) before noon; and on default of payment of the charges and expences thereof by the said respective church wardens, trea. surers or trustees, or any of them, on demand by the said respective assessors, they the said respective assessors, or any person by them respectively appointed, shall and may, by warrant under the hand and seal of the mayor or any otber justice of the peace of and for the said town and county of the same (which warrant the said mayor and every other such justice is hereby required to grant, on proof by oath of any credible witness of such neglect to sweep and cleanse as aforesaid, and refusal to pay the said charges and expences on demand as aforesaid) levy such respective charges and expences by distress and sale of the goods and chattels of such churchwarden, treasurer, or trustee, so neglecting and refusing as aforesaid, rendering the overplus (if any be) to the owner of such goods and chattels, after deducting the reasonable charges of such warrant, and such distress and sale when demanded.
XVII. And be it further enacted, by the authority aforesaid, That the Corporation to mayor' and burgesses of the said town shall, at their own expence, find and provide a Place
to lay Dirt and provide some proper places without the walls of the said town, and as near Soil. as conveniently may be, whereon the scavengers, sweepers and cleansers, to be employed as aforesaid, may, if they shall think fit, lay the filth, dirt, and soil to be taken off and from the said streets, squares, lanes and alleys as aforesaid, or any part or parts thereof.
XVIII. And be it further enacted, by the authority aforesaid, That in case Provisions for any person or persons shall refuse or neglect to pay the rate or assessment levying the upon him, her, or them respectively to be assessed as aforesaid, by the space of Rates. ten days next after demand thereof made, it shall and may be lawful to and
* See 50 Geo. III. c. 41. s. 77, post.
for the said collector or collectors, or any of them, and they and every of them are and is hereby authorized and required, by warrant under the hand 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 bim, her, or them the overplus (if any shall be) after the necessary charges of taking, keeping, and selling such distress, shall be deducted; and in case the person or persons who ought to pay any such rate or assessment shall not have or discover sufficient goods or chattels of his, her, or their own, so as a distress may be made thereon as aforesaid, then or in either of the said cases it shall and may be lawful for the said mayor or two justices, by warrant under his or their hand and seal, or hands and seals, to commit such person or persons to the common goal or house of correction in the said town, there to remain without bail or mainprize for any time not exceeding one month, or until the payment of such rate or assessment.*
XIX. Provided always, That no assessor or collector so to be appointed as aforesaid shall be obliged to serve in such his office for longer time than one year.
XX. And whereas several houses within the walls and gates of the said town of Kingston-upon-Hull, of considerable yearly value, are by the respective owners thereof let out in divers small tenements to several tenants, whereby such houses cannot be assessed for the purposes of this act, or the rates and assessments thereon cannot be recovered; for remedy whereof be it further enacted, by the authority aforesaid, That the owner or owners of all such houses or tenements above the yearly value of three t pounds in the whole, which shall be so let to or occupied by two or more tenants or inhabitants, shall and may be rated and assessed in or towards apy annual rate or assessment to be made for the purposes of this act, and the sum or sums at which the respective owners of such houses or tenements shall be so rated shall be demanded of and be liable to be paid by any two or more of the occupiers of any part or parts of such houses or tenements; and in case any occupier or occupiers of any part or parts of such houses or tenements shall refuse or neglect to pay the same sum or sums for the space of ten days after the same shall be demanded, then the same, or so much thereof as sball not be so paid, shall be levied by distress and sale of the goods and chattels of him, her, or them so refusing or neglecting, in like manner as other like rates and assessments may be levied and recovered by virtue of this act; and such occupier or occupiers of such houses or tenements is and are hereby required to pay the sum or sums of money which shall be so rated and assessed on the owner or owners thereof in pursuance of this act; and such occupier or occupiers is and are hereby authorized to deduct the same out of his, her, or their rent (unless there shall bean actual agreement between them and their respective landlords to the contrary) and the said landlords both mediate and immediate, according to their respective interests, are hereby required to allow such deductions and payments, upon receipt of the residue of their rents; and every tenant paying such assessment or assessments shall be acquitted and discharged for so much money as the said assessment or assessments shall amount unto, in the same manner as if the same bad been actually paid to such person or persons to whom his, her, or their rent should have been due and payable, so as there be no such agreement between such respective tenants and their landlords to the contrary.
XXI. Provided always, and be it further enacted, by the authority aforesaid, That where any person who shall be assessed pursuant to this act shall remove from or quit any messuage or tenement before the rate assessed on him or her in respect of such messuage or tenement or any part thereof shall become due and payable, and where any other person or persons shall come into or occupy the same messuage or tenement which the other so quitted or removed from, then and in every 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 sha! 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
* See 50 Geo. III, € 41, s. 28, post. + See 50 Geo. III c. 41 s. 33, post.
To be deducted out of Rent.
Provision in case of Persons quiting Houses.
assessed and pay a proportionable rate for the same messuage or tenement 4 Geo. III. from the time of such his 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 afore said. * • XXII. And wbereas by the said act of the second year of his present Majesty's reign it is provided and enacted; That nothing therein contained should extend to charge the inhabitants or occupiers of any houses or tené ments, 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 their common stock, with the payment of any greater share or proportion of the rates and assessments thereby directed to be assessed and collected, than by the said mayor and aldermen, or the major part of them in any common council assembled, shall be adjudged a just proportion for the expence of putting the said act, in execution with respect to the providing, lighting, and maintaining lamps within the said town and liberties thereof.
XXIII. And whereas the inhabitants and occupiers of houses and tenements in the Market Place of the said town, who are almost the only persons intended to be eased by the said recited clause or proviso, and they will have equal benefit with the other inhabitants of the said towu by baving the same, and the streets, squares, lanes, and alleys thereof well swept and kept clean, as well as by the lighting thereof, and will not be so much burthened in proportion by the rates and assessments aforesaid, as many other of the inhabitants in the High-Street, and other narrow streets in the said town will be, as the mayor and burgesses of the said town will at their own expence sweep and cleanse the said Market Place and other places in the said recited act mentioned to have been usually swept and cleansed by them, as they are thereby directed to do.
XXIV. Be it therefore enacted, by the authority aforesaid, That from and l'or repealing the after the passing of this present act the said recited proviso or clause in the Claz!so which
exempts the Insaid act of the second year of his present Majesty's reign, shall be and is habitants of the hereby declared to be repealed.
Market-Place. XXV. And be it further enacted, by the authority aforesaid, That the Assessors to keep respective assessor or assessors for the said respective wards, to be annually Books, chosen by the inhabitants thereof respectively as aforesaid, shall keep proper books of accounts, in which shall be duly and fairly entered from time to time all the money by them respectively received, paid, and disbursed, under or in pursuance of this act, distinguishing the times when, and of whom, by whom, and to whom, and on what account such money shall be so received, paid and disbursed; which books shall and may be produced to and inspected by the inhabitants of the respective wards rateable as aforesaid, and concerned therein, at any public meeting of them to be held at some convenient time and place within each ward, pursuant to notice to be given for that purpose by the church wardens of the parish in which such Ward or the greater part thereof lies (which notice the said church wardens are liereby required to give, on some Sunday in their parish church; immediately after morning or evening service, at and pursuant to the request of aný ten or more of the said inhabitants rateable as aforesaid, by writing under their hands, to be delivered to the said churchiwardens in the week next preceding ;) and the said respective assessor or assessors, and also the respective collectors of the said rate and assessments, shall from time to time, and as often as the inhabitants rateable as aforesaid of the said respective wards, assembled at any such public meeting, or the major part of
And render them shall require, or at least once in the year, and within ten days after
Accounts. new assessors shall be chosen, make and render to such respective inhabitants assembled pursuant to such notice as aforesaid, a true and perfect account of all sums of money by such person or persons collected or received, or which shall have come to their hands respectively, or which sball have been rated and ass #sed as aforesaid and not received, and all other matters and things committed to their charge by virtue or under the authority of this act; and shall pay and deliver all the money which shall remain in their hands respectively to the time of such accounts, to the acting assessor or assessors then appointed by virtue of this act, and acting for the ward to
* See 50 Geo, III, C, 41, 8, 29, post,
4 Geo, IIT. whose use such money ought to be applied; and in case any such assessor
or assessors or collector shall refuse or neglect to account for and pay all such money accordingly, every such assessor or assessors or collector shall, for every such offence, refusal or neglect, forfeit and pay any sum not exceeding forty pounds, and any two or more justices of the peace of and for the said town and county shall and may cause all and every such sum and sums of money as shall so remain in the hands of any such assessor or collector at the time of such account as aforesaid, and also the said penalty to be from time to time levied by distress and sale of the goods and chattels of each such assessor or assessors or collector respectively, rendering to the owner the overplus (if any) after the charges of such distress and sale deducted; and in case no sufficient distress can be found, then such justices shall and may commit each such assessor or assessors or collector respectively to the common goal of the said town and county, there to remain without bail or mainprize until he or they shall have made a true and perfect account and satisfaction, or shall have compounded and agreed to and with the inhabitants of the ward concerned in such account assembled as aforesaid, or the major part of them (who are hereby authorized to compound for the same) for so much as upon the said account shall appear to be remaining in their hands respectively, and until he or they shall have delivered up to the then acting assessors of the same ward all the books of accounts and vouchers relating to the premises ; which said penalty or forfeiture, when recovered, and also the sum and sums of money so unaccounted for and levied as aforesaid, or compounded and agreed for as aforesaid, shall be paid to the acting assessor or assessors for the ward concerned in such account, to go and be applied for and towards the expence of lighting, sweeping and cleansing the streets, squares, lanes and alleys in the same
ward. Justices of Peace
XXVI. And be it further enacted, by the authority aforesaid, That it to determine shall and may be lawful to and for the mayor of the said town of KingstonDifferences in a upon-Hull, or any two justices of the peace of and for the said town and siummary Way.
county of the same for the time being, to hear and determine, in a summary way, any of the offences which are made subject to and punishable by any penalties or forfeitures by virtue of this act; and such mayor and justices respectively is and are hereby authorized and required, upon information or complaint within one month after such offence committed, to summon the party or parties accused, and after oath made of the commission of any of the offences abovementioned, by one or more credible witness or witnesses, to issue a warrant or warrants for apprehending the party or parties so ofa fending, and upon the appearance or contempt of the party accused in not appearing, to proceed to the examination of the witness or witnesses upon such oath as aforesaid, (which oath such mayor and justices respectively are hereby empowered to administer) and to proceed to give such judgment or determination as shall be just and conformable to the true meaning of this act; and where the party accused shall be convicted of such offence upon such examination, or upon his or her own confession, and shall not within ten days after such conviction give notice in writing to the said mayor or justices respectively of his or her intention to appeal from such sentence or determination, according to the proviso hereinafter contained, such mayor and justices respectively shall and may and are hereby required to levy the penalty or penalties inflicted for such offence or offences in the manner directed by this act; and all constables and other peace officers within the said town are hereby required duly to obey and execute, within their jurisdictions, all warrants of such mayor and justices respectively from time
to time to be granted and delivered to them for the purposes aforesaid. Method of
XXVII. And be it further enacted, by the authority aforesaid, That all recovering
penalties and forfeitures by this act imposed, or incurred by reason thereof, Penalties.
the manner of recovering and levying whereof is not otherwise hereby particularly directed, shall be levied and recovered by distress and sale of the goods and chattels of the offender or offenders, by warrant under the hand and seal or hands and seals of the mayor of the said town for the time being, or any two other justices of the peace of and for the same town and county of the same; and that all costs and charges of such distress and sale shall in like manner be raised and levied, together with such penalties and forfeitures, and the overplus (if any) of the money to be raised by the sale of