Page:Ruffhead - The Statutes at Large - vol 4.djvu/410

This page needs to be proofread.

358 C. 10. Anno feptimo Ann^ Reginse. /A. D. 1708, ' ing ; And whereas fome Doubts have arifen whether the faid Perfons fo authorized have the like Powers ' and Authorities vefted in them, as Commiffioners of Sewers, by virtue of their Commiffion, and of the ' Laws and Statutes of this Realm, have in any County within ttLtPa.Tt of Great Britain caWed England ;' For explaining the fame, and for remedying the Mifchiefs herein after mentioned, Be it declared and The Pfrfons au- ena£ted by the Queen's moft Excellent Majeftyr, by and with the Advice and Confent of the Lords thorized by the Spiritual and Temporal, and of the Commons, in Parliament affembled, and by the Authority of the Lomlon, hav°e ^ame. That the faid Perfons fo, as aforefaid, authorized a,nd appointed by the Mayor, Aldermen, and and (hall exercife Commons of the faid City of London in Common Council altembled, or that fhall hereafter in like Man- in London, &c. ner be authorifed and appointed for the Purpofes in the faid recited Ads mentioned, have of Right exer- all the Powers cifed and put in Praflice, and (hall or may, for the Time to come, exercife and put in Praflice, within mlffioners of' ^^^ ^^^^ ^^^^ °^ London, and Liberties of the fame, all and every the Powers and Authorities given to and Sewers, in any vefted in any Commilfioner of Sewers in any other County or Place, by Force and Virtue of any the Laws other County and Statutes of this Realm, or of any Commiflion to them granted, purfuant to the fame, and (hall be er Place; but deerried and taken to be Commiffioners of Sewers within the Limits aforefaid, fubjeift neverthelefs to the Ai^ea to the Limitations and Direftions of the faid Statute of the two and three and twentieth Years 6f the Reign of Ca'r 2 "1^ *^ °"'^ '^^ ^^'•^ Sovereign King Charles the Second. CoUeflor's of" the ^^' ^^^ ^^ further enaded by the Authority aforefaid. That if any Perfon or Perfons appointed by Rates refu&ng on ^^^ '^^ laft-mentioned Statute to be CoUetSors of the Rates and Duties that (hall be afleffed, according to Notice to appear the Diredlions of the faid Statute, for the Ends and Purpofes therein contained, (hall negledi or refufe, before the Com- upon due Notice to him or them given, to appear before the faid Commiflioners, at the Place of their pub- miiTioners and to ij(,]j^ Meetings, and give ajufi: and true Accouut, upon Oath, of all Monies by him or them colleiled and on oTth """"' received for the Purpofes aforefaid, which Oath the faid Commiffioners, or any feven of them, at any or neglefting to any their publick Meetings, according to the DiretSlions of the faid Statute, are hereby authorized and coUeft, &c. or impowered to admini(ter, or (hall negleft or refufe to colledl fuch Sum or Sums as (hall be fpecified in a to pay the Mo- Roll delivered to him, or (hall negledt or refufe to pay fuch Money fo colledled, as upon fuch Account (hall ney collefted, appear to be in his Hands, into the Chamber of the faid City, according to the Diredlions of the faid Adt, tde Uvled'by ' every Perfon fo neglefting or refufing to appear, colleft, or pay, (hall forfeit and pay, for every fuch Of- Diftrefs, &c. fence, a Sum not exceeding ten Pounds, over and above what Money he (hall be chargeable with, to be fet and impofed by the faid Commiffioners, or any feven of them ; which faid Penalties, and all other Fines that be fet and impofed by the faid Commiffioners, purfuant to the Authority to them given, (hall be levied by Diltrefs and Sale of the Goods of the Perfon fo offending, by Warrant under the Hands and Seals of To be paid into the faid Commiffioners, or any feven of them, rendring the Overplus, (if any be) after the Charges of London'"an"a°- ^"'^^ Diftrefs and Sale dedufted, to the Owner of the faid Goods ; all which Fines and Sums of Money, pHed "to' the ^^' ^"'^ ^'^ Other Fines to be fet and impofed by the faid Commiffioners, (hall be paid into the Chamber of maintaining the London, and applied for and towards the maintaining, repairing, cleanfing, and fcouring the publick Sewers. Drains and Sewers within the faid City and Liberties thereof. This Aft not to IIL Provided always, and be it enafted by the Authority aforefaid. That nothing in this A£k contain- extend to the ed, (hall be adjudged deemed, or taken to extend to the Confervatorfhip of the River oi Thames, or to give

  • 'f'"h' Th"'""^ any Jurifdiftion to the faid Commiffioners to intermeddle with the fame, or to alter the Powers or Au-

c e amcs. ^jj^^jfigg q£ jjjg Lo^d Mayor of the City of London for the Time being, touching the fame, but the fame (hall or may continue to be managed, executed and done, as before the making of this A(5Vj any thing herein before contained to the contrary hereof in any wife notwithftanding. IfanyAftion IV. And be it further enafted. That if any AiSion, Suit, Plaint, or Information (hall, at any Time fce brought for ^ffgj. ^^ £j.^ j)jy of ji^^y one thoufand feven hundred and nine, be commenced, fued or profecuted againil p'urfuance°of this ^"7 Perfon or Perfons for what he or they (hall do, in purfuance of any of the recited Afts, or this AQ, Afl, the Defend- fuch Perfon or Perfons, fo fued or profecuted in any Court whatfoever, (hall or may plead the General ant may plead IlTue, and upon IlTue joined, may give the faid A(Ss or this Aft, or any of them, and the fpecial Matter, the General If- gg {he Cafe may require, in Evidence ; and if the Plaintiff or Profecutor become nonfuit, or fuffer Dif- fue.a^fhdlte- continuance, or if a Verdift pafs againft him, her, or them, the Defendant or Defendants (hall recover Co'fts. '^ Treble Cofts, for which they (hall have the like Remedy as in any Cafe where Cofts by Law are given to Defendants. All the faid Afls V. And it is alfo enaded, That this Aft, and the faid recited Afts, (hall be deemed and taken foi to be taken as Publick Afts. Publick Afls. 19 Car. J. t. 3. 22 & 23 Car, a. c. 17. See the fil/owing Ciafler, C A P. X. An Aft for rendring more effeftual the Laws concerning Commiflions of Sewers. l>«anible reci- « •« T T H E R E A S by the Laws now in Force concerning Commiffions of Sewers, it is provided. That ting the Laws in c Yy jf ^ny Perfon or Perfons being affeffed or taxed to any Lot or Charge for any Lands Tenements, ilt Commiffions ' or Hereditaments within the Limits of any fuch Commiffion, do not pay the faid Lot and Charge, ac- of Sewers. ' coiding to the Order and Afljgnment of the Commiffioners, having Power of the Execution of the faid 6 H. 6. c. e. ' 'Commiffion, that then the faid Commiffioners for lack of Payment of fuch Lot and Charge, may decree 8 H. 6. c. 3! ' and ordain the faid Lands and Tenements from the Owner or Owners thereof, and their Heirs, and the 4 H. 7. c. I. < Heirs of every of them, to any Perfon or Perfons, for Term of Years, Term of Life, Fee-fimple, ox 23 ^- 1- "^^ 5- ' Fee-tail, for Payment of the fame Lot and Charge, the faid Decrees and Ordinances to be executed in Ih 4 Ed, 6, (. 8. 1 Mtr, Sf, 3. r. j I. JJ El, c. 9, 3 Jae, I. (. 14. . " * fuch