Page images
PDF
EPUB

such goods and chattels, shall be returned to the owner thereof; and such penalties and forfeitures, when recovered or levied (the application whereof is not before particularly directed) shall be paid and applied as follows; that is to say, one moiety thereof to the informer, and the other moiety thereof to the acting assessor or assessors of the ward wherein such offences shall be committed, to be applied towards the charges of lighting, sweeping, and cleansing the streets, squares, lanes and alleys in the same ward: and in case any person or persons, who shall be convicted of any of the offences prohibited or mentioned in this act, 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 space of time not exceeding three months, in case such penalty or forfeiture shall not be sooner paid.

4 Geo. III.

c. 74.

XXVIII. Provided always, and be it further enacted, by the authority Persons aggriev aforesaid, That if any person or persons shall find him, her, or themselves ed may appeal. aggrieved by or remain unsatisfied in the judgment of the said justice or justices, by any rate or assessment made in pursuance of this act, then such person and persons shall and may, by virtue of this act, complain or appeal to the justices of the peace at the next quarter session to be held for the said town and county of the town of Kingston-upon-Hull; which justices at their said sessions are hereby empowered to summon and examine witnesses upon oath, and finally to hear and determine the matter of such complaint or appeal.

XXIX. Provided also, and be it further enacted, by the authority aforesaid, That the scavenger or scavengers, or other persons to be employed in sweeping, cleansing and carrying away the dirt from the said streets, squares, lanes and alleys within the said town, in pursuance of this act, or any of them, shall not be obliged to take or carry away any dung, ashes, filth, rubbish, dust or dirt to be brought out of any house, stable, yard or backside of any of the inhabitants in the said town, and laid in the said streets, squares, lanes or alleys, or any of them; and that the several clauses, powers, provisions and directions contained in, and the penalties and forfeitures inflicted by, the said act of the twenty-eighth year of the reign of his late Majesty, recited in the said act of the second year of his present Majesty, for preventing, punishing, or remedying annoyances and obstructions in the said streets, squares, lanes and alleys in the same act of the twentyeighth year of his said late Majesty particularly mentioned, or in any wise relating thereto, or to the application or mitigation of such penalties and forfeitures shall from henceforth continue, remain, and be in full force and virtue; any thing herein or in the said act of the second year of his present Majesty contained to the contrary notwithstanding.

XXX. Provided also, and be it further enacted, by the authority aforesaid, That nothing herein or in the said recited act of the second year of his present Majesty contained, shall be construed, deemed, or taken to repeal, alter, prejudice, or make void any of the clauses, powers, provisoes, directions and authorities, made, given, or contained in the said act of the twenty-eighth year of the reign of his said late Majesty, relating to the 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; but all such clauses, powers, provisoes, directions and authorities shall remain, continue, and be in full force, as if this act or the said, recited act of the second year of his present Majesty had not been made.

XXXI. And be it further enacted, by the authority aforesaid, That the lamps, posts, irons, and furniture thereof, which were provided pursuant to the said recited act of the twenty-eighth year of his said late Majesty, and are now vested in the mayor and burgesses of the said town, shall be applied, as far as they will go, for the purposes of this act; and that the property thereof, and of such other lamps, posts, irons and furniture, which shall be provided and respectively set up in the said respective parishes pursuant to this act, shall, from and after the said first day of August one thousand

• See 50 Geo. III. c. 41. s. 76, post.

Scavengers not

obliged to take away Dirt, &c.

Nothing in this

Act to extend to the Powers of an Act of 28th Geo. II. relating to the Poor of Hull, or to the better paving the

Streets.

Property of
Lamps, &c.
vested in the
Churchwardens.

4 Geo. III.

c. 74.

Lamps to he removed if deemed a Nuisance.

be Wituesses.

seven hundred and sixty-four, be vested in the respective church wardens of the said respective parishes, for the use of the inhabitants of the several wards within the said respective parishes, to be continued, set up, and enlightened therein respectively, in manner and at such times, and subject to such orders and directions as are herein before mentioned and expressed: and that the penalties and forfeitures* inflicted by the said act of the twenty-eighth year of his said late Majesty, 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 inflicted on such persons who shall in like manner take away, break, throw down, damage or extinguish any of the lamps to be set up pursuant to this act, and shall be levied, recovered, mitigated, and applied in such manner as the like penalties and forfeitures are in and by the said act of the twenty-eighth year of his said late Majesty directed to be levied, recovered, mitigated and applied.

XXXII. 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 the same shall be altered and regulated as they shall approve of, at the costs and charges of the assessor or assessors who fixed or ordered the same to be so fixed, or the same shall be taken down.

XXXIII. And be it further enacted, by the authority aforesaid, That in Inhabitants may all actions, suits, trials, and other proceedings in pursuance of this act, or in relation to any matter or thing herein contained, any inhabitant of either of the said parishes of the Holy Trinity and Saint Mary shall be admitted to give evidence, and shall be deemed a competent witness, notwithstanding his, her, or their being charged or liable to be charged with the rates and assessments hereby enacted to be made, or any of them.

Saving of the
Rights of Mayer

and Justices.

Notice to be given of Actions brought.

Tender of Amends may be made

XXXIV. Provided also, That nothing in this act contained shall extend or be construed to extend to alter, prejudice, impeach, or lessen the legal rights of the mayor and burgesses of the said town of Kingston-upon-Hull, or of the justices of the peace of and for the said town and county thereof.

XXXV. And be it further enacted, by the authority aforesaid, That no action or suit shalt be commenced against any person or persons whatsoever, for any matter or thing by him, her or them done in pursuance of this act, until notice in writing of such intended action or suit shall have been delivered to him 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 commenced; in which notice shall be clearly and explicitly contained the cause of action which such person hath or claimeth 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 plaintiff 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.

XXXVI. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and 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 a verdict for the defendant or defendants: and in such case, or in case the plaintiff shall become nonsuit, or shall discontinue his or her action, or ia case judgment shall be given for such defendant or defendants upon de murrer, such defendant or defendants shall be entitled to the like costs as he or they would have been entitled to in case he or they had pleaded the general issue only; and if upon issue joined the jury shall find that no

For these penalties see 28 Geo. II. c. 27, s. 29, page 82, ante; but see 50 Geo. III. c. 41. s. 53 and 54, post.

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.

XXXVII. And be it further enacted, by the authority aforesaid, 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.

23 Geo. III.

c. 55,

Limitation of

General Issue.

XXXVIII. And be it further enacted, by the authority aforesaid, That if any action or suit shall be commenced against any person or persons for any Actions. 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 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 judg ment shall be given against the plaintiff or plaintiffs, the defendant or defendants shall recover treble costs of suit, and have the like remedy for Treble Costs. the same as any defendant or defendants hath or have in other cases by law.

XXXIX. And be it further enacted, by the authority aforesaid, That this Public Act. act shall be taken and allowed in all courts of justice in 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.

[blocks in formation]

An Act for building a New Goal, &c. (for Title see page 3, ante.)

VI. And whereas it is requisite that the fares as well as behaviour of Objects of Act. hackney coachmen, chairmen, carmen and porters, within the said town and the liberties and precincts thereof, should be put under proper regulations; and that the time of lighting lamps within the said town should be altered and that the thickness of party or division walls should be ascertained; and that nuisances and obstructions within the said town and the liberties and precincts thereof should be removed, and for the future prevented; and that the wheels of carriages made use of for carrying goods and merchandize within the said town, should be regulated.

:

XXXIX. And for the regulation of the hackney coachmen and chairmen within the said town of Kingston-upon-Hull, and the limits and precincts thereof, and for ascertaining the fares and prices to be paid to them respectively, Be it further enacted, That the mayor, recorder and aldermen of the said town, or any three or more of them, are hereby authorized and required, at the Guildhall of the said town, on the first Thursday in July, one thousand seven hundred and eighty-three, and on the first Thursday in July in every year following, by writing under their hands and seals, without any stamp impressed thereon, to licence any person residing within the said town, or the limits or precincts thereof, and now keeping a coach or chaise, or other such wheel carriage for hire, or any sedan chair for hire, and every other person so residing and having a settlement within the said town, or the limits or precincts thereof respectively, who shall apply for a licence to keep and drive any coach, chaise, or other such wheel carriage.

For the regula

tion of Hackney Charmen.

Coachmen and

23 Geo. III. c. 55.

After the first
Thursday in
July 1783, no
Coachman or

Chairman to ply

for hire without Licence.

Coaches and Chairs to be marked.

for hire, or to carry and keep a sedan chair for hire, within the said town, or the limits or precincts thereof respectively, and who shall leave a note in writing of his or their name or names, and place or places of abode, ten days at the least before the day of granting such licences in each year, with the town clerk of the said town, or his deputy; for every of which licences there shall be paid to the said town clerk, or his deputy, by every such respective coachman, chairman, and driver, the sum of one shilling; and the said licences, and every of them, shall be granted to continue during the term of one year from the date of such licences, and no longer.

XL. And be it further enacted, That from and after the said first Thursday in July, one thousand seven hundred and eighty-three, no person or persons shall keep, or carry, or drive, or ply with, or let to hire by the hour or day, or otherwise, any coach, chaise, or other such wheel carriage, or sedan chair, within the said town, or the limits or precincts thereof, without such licence first had as aforesaid, upon pain to forfeit for every such offence the sum of thirteen shillings and fourpence.

XLI. And it is hereby further enacted, That the said mayor, recorder and aldermen, or any three of them, shall, from time to time, cause some mark or figure to be plainly and distinctly made upon the door of every such coach, chaise, or other wheel carriage as aforesaid, and on the back of every such chair, by the owner or keeper thereof respectively, in the most None to be used conspicuous and convenient manner to be taken notice of; and that no perfor Hire but such son shall ply with or drive for hire any coach, chaise, or other such wheel carriage, or ply with, or carry for hire, any such chair, within the said town, or the limits or precinct thereof, except such as shall be so marked; nor shall blot out, alter, deface, or obliterate the mark or figure which shall be so made from time to time upon any such coach, chaise, or other such wheel carriage, or sedan chair, on pain of forfeiting any sum not less than twenty shillings and not exceeding three pounds, for every such offence.

as are marked.

Penalty for defacing Marks.

To ascertain the

Fares to be paid Hackney Coachmen and Chairmen, Carters, Carmen and Porters.

XLII. And be it further enacted, That from and after the passing of this act, the mayor, recorder and aldermen of the said town of Kingston-uponHull, or any three or more of them, at any of their general quarter sessions of the peace, or at any adjournment thereof, shall, and they have hereby full power and authority, from time to time, to set down and ascertain the fares and prices which shall from time to time be paid and payable to hackney coachmen, chairmen, carters, carmen and porters, respectively, plying, working and labouring for hire, within the said town of Kingstonupon-Hull, or the limits or precincts thereof, for the carrying and conveying of one or more person or persons in any such coach, chaise or chair, and also of any goods, merchandize, materials, or other things whatsoever, in any such cart, carr, dray, or other carriage, and for carrying goods, letters, messages or other business, from any part of the said town, or the limits or precincts thereof, to any other part of the same, as the said mayor, recorder and aldermen, or any three or more of them, shall judge reasonable and proper as aforesaid, and which said fares and prices, and none other, shall from time to time be paid or payable to any such hackney coachmen, chairmen, carters, carmen and porters respectively; and also, that the said mayor, recorder and aldermen, or any three or more of them, at any such sessions, or adjournment thereof, shall have hereby full power to make and ordain such orders, rules and by-laws, for the better governing and regulating of all such the said hackney coachmen, chairmen, chaises, and chairs, carters, carmen, carts, and carriages, and porters, within the said town of Kingston-upon-Hull, and the limits or precincts thereof, for the time being, in all respects whatsoever, as in the judgment of the said mayor, recorder, and aldermen, or any three or more of them, shall seem fit, just and reasonable; and also to fix and appoint such pecuniary and other penalties, for non-observance or non-performance, or other breach of all or any such rules, orders, or by-laws; and to be from time to time recoverable by such ways and means, and for the offender to be convicted in such manner, and for want of payment of the forfeiture on demand, or of some sufficient security for recovery thereof, to fix and prescribe such powers for the offender to be committed for such time, not exceeding one month, as they the said mayor, recorder, and aldermen, or any three or more of them, so assembled, shall from time to time order, direct, and appoint; so that each penalty or forfeiture for each such separate offence, shall not exceed the sum of ten

shillings; all which orders and rules shall from time to time be final and binding to all intents and purposes whatsoever; and every proceeding in consequence thereof shall be good and effectual.

XLIII. Provided always, and it is hereby enacted and declared, That nothing herein contained shall extend, or be construed to extend, to any carters, carmen, or porters, or any carts or carriages, of or belonging to the dock company in Kingston-upon-Hull, going to or returning from the dock, or bason, quays or wharfs of the said company; but that they and every of them shall be free and exempt from the provisions, penalties, and restric tions herein contained, with respect to the carters, carmen, and porters, carts and carriages, abovementioned and expressed.

XLIV. And be it further enacted, That the lamps now authorized by any act of parliament to be lighted in the said town, shall begin to be lighted on the first day of September, instead of the first day of October in every year, any law or usage to the contrary notwithstanding.

XLV. And be it further enacted, by the authority aforesaid, That all and every house and houses that shall, from and after the first day of January one thousand seven hundred and eighty-four, be erected and built, either upon old and new foundations, in any place or places within the parishes of the Holy Trinity and Saint Mary, in the said town of Kingston-upon-Hull, shall have party or division walls between house and house entirely of brick or stone, fourteen inches thick at the least, from the foundation through all the stories of each house; and that no cornice of timber or wood under the eaves shall hereafter be made or suffered in any such new house or houses; and if any new house or houses shall, from and after the said first day of January one thousand seven hundred and eighty-four, be erected and built within the places aforesaid, contrary to the true intent and meaning of this act, that then the owner of every such house, and the head builder or workman who undertakes such building or work, shall each of then forfeit and pay for every such offence the sum of fifty pounds; and that the common officer or town's husband for the time being of the said town of Kingston-upon-Hull, or such other person as shall be for that purpose appointed by the said mayor and aldermen, or any two of them, shall have full liberty, and he is hereby authorized and empowered from time to time, during the building and erecting of every such new house, to enter into, view, and examine the same, for the purpose of seeing that the party or division walls and cornices thereof be made pursuant to the directions of this act.

XLVI. And be it further enacted, That the said penalty of fifty pounds shall and may be sued for and recovered by any person or persons, in any of His Majesty's Courts of Record at Westminster, by action of debt or on the case, together with costs of suit, wherein no essoign, protection, or wager of law, or more than one imparlance, shall be allowed.

23 Geo. III.

c. 55.

Reserving the Rights of the Dock Company with respect to Carmen, or Carts going to or reDock or Wharfs turning from the

of the said

Company. Lamps to he lighted on the First Day of Sep. tember Yearly. Houses and

Buildings to be erected for the future, to have Party Walls not less than 14 Inches

thick, under the Inspection of the Town's Husband.

Directing how the Penalty for not making pro per Party Walls shall be re

covered.

No Portico or Steps to project

into the Streets beyond 22 Inches.

For preventing
Annoyances;
Signs,

XLVII. And be it further enacted, That no person or persons shall at any time hereafter build or place any portico, porch, door case, or steps, against the front of any house, or other building that shall be erected or built in the said town of Kingston-upon-Hull, or the liberties or precincts thereof, so as to project more than twenty-two inches into any of the streets, lanes, passages, or places in the same; or place or erect, so as to project into the same any sign, sign post, sign iron, show board, or other emblem used to denote the trade, occupation, or calling of any person or persons, but shall place and fix all such signs, sign posts, sign irons, show boards, or other emblems, flat against the front of every such house; and that no person shall, on any pretence whatsoever, at any time, set, place, or keep, or cause or wilfully Stalls, &c. suffer to be set, placed, or kept, in any of the said streets, lanes, passages, or places, for the sale of wares, any stall, shop, shed, whether covered or uncovered, table, bench, or seat, vessels, or other things, of larger dimensions than nine feet in the front, and seven feet deep; nor any stall, shop, or shed, of whatever dimensions, that shall be moved upon wheels or rollers; and that no stalls, shops, sheds, benches, rubbish, lumber or other things, shall be permitted to stand or remain in any of the said streets, lanes, passages, or places, so as to obstruct, incommode, or hinder the free passage along the same, after it shall be dark, without having sufficient lights affixed to the same respectively; and that no manure, dung, soil, or See 50 Geo. III. c. 41. s. 47.

Manure or
Rubbish

« PreviousContinue »