Page:Ruffhead - The Statutes at Large - vol 8.djvu/677

A. D. 1761. Anno feciindo Georgii III. C. 21. 643 their Petit Seflions, or any two or more of them, to lodge their Dirt, Duft, Aflies, or other Filth, in ti^faftlon, lodge their fuch vacant and publick Places in or near the faid Squares, Streets or Lanes, as fhall not appear to the Ditt, tor the Accommo- faid Juftices to be intended to be built upon, and (hall be thought convenient by the faid Julliccs for f„^'^7h p£ris S' the Accommodation of the Country Carts ; they the faid Perfons fo contra6ted with, giving fuch Satif- ^^^ appear to be intcnd- failion to the Owners and Occupiers of fuch vacant Places as the Juftices in their Petit Scffions lliail ed to be built upon, direct. XIV". And be it further enadled, That it fliall and may be lawful for the faid CqmmilTioners, or any 3 or more Com mi(Tioners three or fuance as they , .... ... „,^.. ,,„. , formed, according to the trueSenfe and Meaning of fuch Contrail or Contrails, or fliall notbefinifhed where any fliali' be found and completed at or within theTime or Times that the fame are agreed to be completed by the faid to be not well and duly Contrail or Contrails, the faid Surveyors or other Perfons fhall report the fame to the faid Commif- v^rforwei, may fue the fioners at their next Meeting, who fliall and may thereupon, in their own Names, or in the Name of ^°j"[^". °" ^°^ any two of them, bring an Ailion of Debt in any of his Majelly's Courts of Law at WcJlmirTjlcr^ ' againft any Perfon or Perfons fo contracting and negleiting to perform fuch Contrail or Contrails, iJc/MWiy 4 G^c. 3. and for any Penalty or Penalties which fhall be contained in fuch Contrail or Contrails ; and on the ^- 39- proving the Signing of the faid Contrail or Contrails, and Non-performance thereof, at the Time or Times for that Purpofe therein mentioned, the faid Commiflioners fliall be intitled to, and fliall re- to be applied to the Pur- cover, fuch Penalty or Penalties, which, when recovered, fliall be applied for the Purpofcs of this P"^^' °* ^'^'^ ^"^^ Aa. XV. Provided always, and be it further enailed, That nothing in this Ail contained fnall be Agreement between deemed or taken to make void any Contrail, Covenant or Agreement between Landlord and Tenant, Landlord andlenant, touching or concerning the Paving, Lighting or Clcanfmg any or any Part of the faid Squares, Streets i7g"ning°Mid^ckanfnfe or Lanes, or either of them ; but that every Perfon who is now, by virtue of any fuch Contrail or the Streets, not w.ca'ed Agreement, obliged to pave, keep in Repair, cleanfe or light any Part of the faid Squares, Streets or by this Afl ; Lanes, or either of them, (hall, in lieu thereof, be obliged to pay the Rates hereby direiled to be made '""^ ^^ ^•.'^':" ^■'^^'^ '^y and afiefled, or fo much thereof as (hall by the faid CommifTioners, or any five or more of them, be 'J'/p^°d'^|^neTth«eo{ ■ deemed juft and reafonable, according to the true Meaning of fuch Contrail, Covenantor Agreement, ^^^ ^11 Difputes con-' for and during fuch Time as fuch Contrail, Covenant or Agreement fhall remain in force : And in ceming fuch Agreements cafe any Difpute (hall arife concerning fuch Agreement, the faid Commiifioners, or any five or more ^r^ t" be fettled by 5 or of them, fhall have Power to hear and finally determine the fame. more Commiflioners. XVL And, for the better Information of the faid Commiffioncrs, as to the Prices which are rea- Commiinoners, or Per- Officer or Officers, or other Officer or Officers appointed by Authority of Parliament, within the lighting the"^Streets and Cities o{ London ox Wejlnunjier^ or QountY o( Middlefex, for the cleaning, paving or lighting any Places in London, Weft- Street, Square, Place or Diftriil in London^ JVeJhninJier or Middlefex the Expence thereof to be de- "^inft^ orMiddlefex. frayed out of the Money arifing by virtue of this Ail. XVIL And be it farther enailed. That the Property of the faid Pavements, Lamps, Iron, Timber, Property of all Materials Furniture, and of all other Materials and Things which fhall be made ufe of for the Purpofes of this ^°' ^^'^ Purpofes of this Ad, fhall be and the fame are hereby vefted in the Commiffioncrs for the Time being, and they, ^-nC'^If '" °' r 1 1 t • ] 1 • 11- ,- ° 1 1 1 ■' mjilioners, or any three or more of them, are hereby authorized and impowered to bnn?, or caufe to be brouo-ht, , . .^. An- An- • ^1 VT XT r c ° r i * i ■? may bnne Actions, or any Ailion or Aitions, in the Name or Names of any one or more of them, or to prefer, and order prefer indidiments, and direil the preferring of Indiilments againft any Perfon or Perfons who fhall fteal, take or carry againft any Perfons who away any or any Part of fuch Materials or Things; and, if any Perfon or Perfons fhall wilfully or liaiHieai any Part rhere- malicioufly break up, deftroy, or otherwife damage or fpoil any of the faid Materials or Things, or °^' ^nd Pertons wiitulijr any of the Works done in purfuance of this Ail:, or any Part or Parts thereof, every Perfon fo offend- f^if^^^f' "^ ^'^^ ' ing therein, and being thereof conviiled by the Oath of one or more Witnefs or Witnefles, before any one or m.ore Juftice or Juflices of the Peace for the County oi Middlefex, or for the fid City and Li- berty, fhall for the firftOfl'ence forfeit any Sum not exceeding forty'Shiliings, norlefs than tenShil- for the i ft Offence, not lefs lings; and for the fecond, and every other Offence, any Sum not exceeding three Pounds, nor lefs "i^"edmg4os. nor than twenty Shillings ; to be levied and ^recovered by Diftrefs and Sale of the Goods and Chattels of lj"J°^;^,;,'th7/Q^, every fuch Ofiender, by Warrant under theHand and Seal, or Hands and Seals of the Juftice orjuftices fince, no't exceeding 3 J. before whom fuch Conviilion fhall be made, which Forfeitures fliall be applied to the Purpofes of this norle'fs than 20s. to" be Ail: And in cafe the Perfon or Perfons fo offending, and conviiled, fhall have no Goods or Chattels ^^"'^^^ ^y Diftrefs and whereupon the fame can be levied, then, and in every fuch Cafe refpeilively, it fhall and may be law- ^^'f j ^ ,^ f Diftrefs ful to and for one or more fuch Juftice or Juftices of the Peace as aforefaid, by Warrant under his or the o'ffemter to be' com- their Hand and Seal, or Hands and Seals, to commit fuch Perfon or Perfons refpeilively to the Houfe mitted to the Houfe of of Correition, there to remain for any Space not exceeding two Calendar A4onths, nor lefs than ten Correclion, notexceed- Days, to be reckoned from the Day of Commitment , and the Perfon or Perfons fo incurring, and '"§ - Months, norlefs being conviiled of any of the faid pecuniary Penalties, fliall not be difchargcd, until he, Ihe (jj- f"^" 'o^^y^' they fhall have paid the Sum forfeited as aforefaid, or until the Expiration of the faid refpeilive Times. oners XVIII. And it is hereby further enailed. That the faid Commiffioncrs, or any five or more of 5 «""^°^C°"^'^''°"f' them, fhall have full Power and Authority to fell and difpofe^f all or any Part of the old Materials, l^aY/iarpMheMo 4 N 2 to '