Stockton Improvement Act 1820

Cited in

Jurisdiction	England & Wales
Citation	1820 c. lxii

ANNO PRIMO

GEORGII IV. REGIS.

Hi***************************************************

Cap,

Ixii.

An Act for lighting, cleansing, and otherwise im-

proving the Town and Borough of

Stockton,

in the

County of Durham, [8th July 1820.]

HEREAS the Streets, Squares, and other public Passages and

, Places of the Town and Borough of

Stockton,

in the County of

Durham, are not properly lighted, paved, and cleansed, and

are subject to various Encroachments, Nuisances, and Annoyances: And

whereas it would tend greatly to the Benefit, Convenience, and Safety, not

only of the Inhabitants of the said Town and Borough, but of Persons re-

sorting thereto, if the said Streets, Squares, and other public Passages and

Places were properly lighted,

paved,

and cleansed, and if certain Encroach-

ments and Annoyances were removed, and Provision made for preventing

the like in future: But as such Purposes cannot be effected without the

Aid and Authority of Parliament; May it therefore please Your Majesty

that it may be enacted; and be it enacted by the King's most Excellent

Majesty, by and with the Advice and Consent of the Lords Spiritual and

Temporal, and Commons, in this present Parliament assembled, and by the

Authority of the same, That

Christopher

Anstey Clerk,

Watson

Alcock,

Commu-

Benjamin Atkinson, John

Atkinson,

James Atkinson senior, John Addie sipners.

Doctor of Medicine,

John Brewster

the elder, Clerk,

William

Braithioaife,

John

Brewster the younger, Clerk, John Barker,

William

Bayley, Henry

Beckwith,

William

Bursey,

Robert

Bald,

Charles

Barrett,

John

Cartwright,

James

Crowe,

Robert Clarke,

James Cundill

Clerk,

Robert

Cock,

Richard

[Lpcahj 20 F Dickson,

1770 PGEORGII IV.

CapAxu.

Dickson, John Dixon, Wilson Dobing, Thomas Ewlank Clerk, Benjamin

Evans Clerk,

Thomas

Eeles,

Joseph

j$rg$k,,

DavidMmton

Fowler,

Benjamin

Flounders,

fhwias'Fall, John Gilpin fClsfk,

Tbpnxts

%tf>insqn.Qrgy,

William

Grey, William Gfint, John,Gra,nt,

CharlesMaMM? MdtffMtRn

'Qlerkj Jkchdea-

con oi Cleveland,

George

Hutchinson,

Henry

Hu.tc

John

'Wutchinson,

John ffogg, John Hixon, Thomas

Hutchinson,

Anthony Hall, RiohffrS Jack-

son',

Thomas

Jennett, Robert Jordison, Marijn

K>irtley,

John Langley, John

Lodged the Rector .of

Longneivton

for the Time being, Alexander .M\Gregor

Murray, Thomas Maude, George Moss, William Milburne, William Mus-

grave, Henry Markham, the Vicar of

Norton

for the Time being, John

Peacock,

John Proctor, Marshall

Robinson,

John Russell

Rountree,

Leonard

Raisbeck, William Richmond, Francis Richardson Richmond, Thomas Rich-

mond,

Cuthbert Robinson, William

Skinner,,

William Skinner junior, George

Sutton, William Sleigh Esquire, William Sleigh Jeweller, Wilfred Sadler,

Henry

Stapylton,

John

Stapylton,

John Starkey Clerk, Samuel Smith, William

Sanderson,

Thomas Storey

Clerk, Henry Story, John Stagg,

Thomas

Stanwix,

the Mayor and Aldermen of Stockton for the Time being, the Vicar of

Sto.ckton

for the Time being, Thomas Allison Tennant;

George William

Todd,

Jonathan

Thompson,

Richard

Wright,

WilliamWilson,

Robert

Wilson,

Matthew

Wadeson,

Richard Walker the elder,

Thomas

Walker, Richard Walker the

younger,

George

Wray Doctor of Physic, John Wilkinson, Jasper Whitfield,

and the several other Persons from Time to Time to be elected and ap-

pointed in Manner herein-after mentioned, shall be and they are hereby

appointed Commissioners for lighting, paving, cleansing, and otherwise

improving the said Town and Borough of Stockton, and for putting this

Act into Execution.

II.

And be it further enacted, That in case any; of the Commissioners

appointed or hereafter to be appointed under or by virtue of this Act shall-

die,

orL sjiajl recuse, or becQm.e: incapable

to.

act as; a Commissioner

in>

the

Execution of this Act, then and so often it shall

be.

lawful for the surviving

remaining.

Commissioners under this Act, or any Five or more of them,

assembled at the then next or some subsequent Meeting which shall be held

by virtue of this Act, and' they are hereby, required (the Death or Refusal

to act, or Disability of the Commissioner or Commissioners- so dyihg, or

refusirig or becoming incapable to act

as-,

aforesaid, and the intended Elec-

tion of his or their Successor or Successors-being expressed in-the Notice1

or Summons for such Meeting) to elect and

appoint:

Cbmmissibner; in the

Room and Stead of every such Commissioner' so dying, or refusing*, or

becoming incapable, to act as before mentioned1; and every suchCommisa

sioner so' from Time to Time elected and' appointed' as-herein-befbre^is

directed shall be joined with the other Commissioners, and have- the like

Powers and Authorities vested in him, in all respects whatsoever, for

putting this Act in Execution, as if'he had l>een named a\Gbmmissidner4ir

and by this Act.

Coramis- HI. Provided always, and be it further enacted, That no Person shall Be-

sioners to capable of acting as a Commissioner, ifi the Execution of- this Act'(other-

*akeRnOath.-

wj8e

than in administerihg the Oath hereinafter mentioned), unless^hte**

shall have taken and subscribed'an Oath to, the following Effect, (which

Oath any one of the said Commissioners is hereby empowered, to ad-

minister)^

Appoint-

ment of

new

Commis-

sioners.

7 tJ.B.

locOEOHGH IV. C^.lxii. 1771

' J

"A.

jB.

'cto'swear, That'I will weU) and, truly, ^xecute ,andjggrforiri^|l Oath.

• '*•

%(&

StferyJtbelPbVers'anU*Auth^jities'v|esWdin'ine,. by virtue of an

'« -A&

rtfejrJeMh

%e'fest Ve'ar.'of trie Keign^ftmg'George theFourtfe

Iritit'u'lfe'd

'[$?/*

forth ih'e'Title V ^w •%ct\ 'according to the best-vet

« % SKll'l and Judgment. So help "trie GOD/

IV*- And'be it further enacted, That the said Commissioners appointed Meeting of

by this Act shall meet at the Town House in

Stockton

aforesaid, or at some Commis-

other convenient House there, on the Secon^

Tuesday

next after the passing s,oners"

bf'this Act, or as soon afterwards as cbriVenie^itjy maybe ;t and the $ajd

Co'm'missioners 'shall proceed in the Execution q^ this Act, ;aqd shall

afterwards 'meet at 'the "same or sqme^o^her convenient House

\n^S}ockton

aforesaid, dn the Second Tuesday In the Mprithsfof January April, July,

and

'dctob'er,

in every Year, for ,lhe purpose ,bf carrying this Act into

Execution, without any Notice being given to the said Commissioners or

such Meetings.

V. Provided always, and be,it enacted. That it shall,be lawful f6r the A^jfljirn-

Cornmissioriers assembled a.t such Meetings; or any on^pf them; to.adjourn ments-

for ahy shorter Space of Time, and to meet at. the Place aforesaid, pr.at

a'riy'jother convenient House( in

Stockton

aforesaid; fyut hi every such .C.as'e

Notice of such adjourned Meeting, in Writing or Print,,

whiehiNo.tice"

ink Name of the Clerk to thebaic! Cojnmissione,rs shall be subscribed or

printed, shall be.fixed on the Market fcross

vn,Stockton

aforesaid, and also

b*e'delivered at the Place of Abode of such of .the said Commissioners as

shall be resident iri

Stockton

aforesaid, at least,Two Days before the Time

appointed for the same; ana that at all Meetings to be held in pursuance

of this Act the saidTCommissipners shall defray their own Expences (except

fo"r trieJuke 6f

the

Room of Apartment where such Meetings shall beheld,

#riich' shall be paid' for out or any Monies to be received by virtue of this

Act)'j arid' no Act of the said Commissioners shall be vajid unlessj made or,

done at' some Meeting' to be held by virtue of this Agt; and, that all

Fp'wM arid Authorities by this Act. granted to or vested

in,

the Commis-

slo'heirs appointed of to be appointed by or by virtue of this Act, shall from

Tirrie*'tq Time Be exercised by the major Part of them, present" at their

re'spe'ct'ive M'eelings to be holden as aforesaid, the Number^of.suph Com-

missioners"' present rlo.t'.beirig less than Five, except only in the Cases herein

ffientio'ne'd,

as"

requiring a greater or. le^s Number ?bf them ;' anda that in

all1

Case's1

the

said"

Commissibriers shall vote by Ballot, in,case the same

shall be desired' by'any Three or more of trie said Commissioners then

present'; and jn'au Cases

where,

the Number of Votes, upon any Question

shall2 bV'rdqua} (includingthe Chairman's Vote) the Chairman, shall have

trie casting

Vote"}.'

and at every Meeting to be held under or in pursuance

ofrmVAct*, the first' Business thereof shall be the Election of one of the

Commissioners present to be Chairman to preside at the same Meeting.

VI.

And'be it further enacted, That if itshall at any Time or Jimes be; Meetingori

thoughtnecessary'that a Meeting' of'the' Commissioners sjipuld be held.Emergencies.

on'air earlier

"Day*

than the Day tb'whicli sucft Meeting^ shall;have been

lafsfly adjourfie'd, orWwhich. a Meeting^s

jr^y"

this/Act'appointed...tfi .be.

held, tKi|tif,and,;;iri'eyery 'such^Case* the Clerk vtbj t^esaid .Commissioners

(air OMer^sipkd^bj Thfee|of'rnofe|*o£ tne said Cftpimissioiiers _m&ntJQn~

m^tne^rnWP&ce, and'Purpose orsuch* either Meeting, being given or

left

1772 l°GEORGII IV. Cg».lm

left at his usual Place of Abode or Office), shall forthwith give Notice of

the Meeting to be holden on such earlier Day in Manner before directed,

and of the Time, Place, and Purpose which shall be mentioned in the

Order of the said Commissioners (such.Time not being less than Two

Days after such Notice); and all

Proceedings"

of the said Commissioners

at such earlier Meeting shall be as good and valid as they would have

been in case such Commissioners had met in pursuance of any Adjourn-

ment.

No Order to

VII. And be it further enacted, That no Order made by the said

be revoked

Commissioners shall be revoked or altered at any,subsequent Meeting,

greater y

unless at a Meeting to be holden for that express Purpose, nor unless a

Number of greater Number of Commissioners shall attend at.siich Meeting to revoke

Commis- or alter such Order than were present when, such Order was made;

toners than any thing herein contained to the contrary thereof notwithstanding.

Order.

Proceedings VIII. And be it further enacted, That there shall be provided and kept

to be

entered a proper Book or Books, in which fair and regular Entries shall be made

Book,

of all Acts, Orders, and' Proceedings' relative to the Execution of this

Act, and of the Names ;of the Commissioners who shall be present at the

respective Meetings to be holden in .pursuance of this Act; and such

Entries being signed by the Chairman of .each respective Meeting, shall

be deemed Originals, arid shall

.be

allowed to be read in Evidence in all

Courts whatsoever, and elsewhere, concerning any thing done

pursuance

of this Act; and such Book and Books shall at all Meetings of the said

Commissioners be open and liable to their Inspection, and to the Inspec-

tion of all Persons affected by this Act, without Fee or Reward.

Accounts to

JJ# ^ncl be it further enacted, That the said Commissioners shall and

" ' they are hereby required to order and direct a Book or Books to be pro-

vided and kept by their Clerk for the Time being, in which Book

Books

such Clerk shall enter or cause to be entered true and regular Accounts

of all Sums of Money received, paid, laid out, and expended in the Execu-

tion of this Act, and the several Articles, Matters, and Things for which

such Sums of Money shall have been disbursed, laid out, and paid; which.

Book or Books shall at all reasonable Times be open to the Inspection of

the said Commissioners, and any Creditor or Creditors on the Rates hereby

authorized to be made, without Fee or Reward; and the said Commis-

sioners and Creditors shall and may take Copies of or Extracts from the

said Book or Books, or any Part or Parts

thereof,

without paying any-

thing for the same; and in case the Clerk shall refuse to permit, or shall

not permit any of the said Commissioners or Creditors to inspect such

Book or Books, or to take such Copies or Extracts as aforesaid, such

Clerk shall forfeit and pay any Sum of Money not exceeding Five

Pounds.

Appointment X. And be it further enacted, That the said Commissioners shall and

of Officers, may from Time to Time, whenever they shall think necessary, by Writ-

ing under their Hands, appoint and employ a Treasurer or Treasurers,

Clerk, Collector or Collectors, Receiver or Receivers.of the

.Rates,

As-

sessments, and Monies herein mentioned, and such other Officer and

Officers, Person and Persons, for the Execution of, this Act, as the said

Commissioners shall think proper, and from Time to Time remove them,

lfGEQRGII m Cap.m

or any of them, and in'like Manner appoint others in the, Room o( those.

removed j and out of the Monies to:he. raised by virtue of, this Ac.t pay

such Salaries, "Wages, or AllowaneesjtQ the said Officers and other Per-.

sons as the said Commissioners shall think reasonable;, and the said Com-

missioners1 shall; andi they are'hereby required to take, such sufficient

Security from every suph Treasurer arid other Officer for

the:

due Execu-

tion of his Office as. they shall think proper; and all such,Officers. .so

to be appointed shall under their Hands (.at

such.

Time and Times', and

in such Manner as the said Commissioners shall

direct}

deliver to the.said.

Commissioners, or to such Person or

Persons;

as they shall

appoint*...

true.

and perfect'Accounts: in Writing of all Matters

and;

Things committed,

to their Charge, and of all Monies which;shall haye been, received by

such- Officers and Persons respectively,; by virtue of this Act, and how

much thereof hath been disbursed and paid, and for what Purposes, to*

gether with the Vouchers for such Payment, and shall pay all such Monies-

as shall'remain due from them respectively

to,

the said Commissioners, or

such-

Person, or Persons as they shall appoint; and if any such Officer

or Person shall refuse or wilfully neglect to make and render any such

Accounts, or to produce or deliver up the Vouchers relating

jo.

the same,

or to make Payment as aforesaid, or shall refuse or neglect to deliver to

the'said Commissioners, or to such Person or Persons, as they shall ap-

point, within Ten

Days*

next.after being.thereunto required by the:said

Commissioners, by Notice in Writing, signed by

their.

Clerk, to be given

or left at the last or usual Place of Abode of such .Officer,or Person,' all

Books,. Papers, and Writings in his Custody or Power relating to.the

Execution of this Act, and to give Satisfaction respecting the same, then

in every such Case, upon' Complaint made

by.

the;s,aid Commissioners,, or

any Three or more of ithenv'or. by any Person:or Persons whoin,the.y1

shall appoint for that Purpose,' of any Neglect or^efusal

as,

aforesaid, to,

any Justice of the Peace for the County, City, Town Corporate, or

Place

wherein1

such Officer.or;Person so neglecting; or refusing-shall,re-

side or be, such Justice may and he is hereby,authorised and required,; by

a Warrant under his Hand and Seal, to cause the Officer.or Person so.

refusing or neglecting to be brought before him, and upon his appear-

ing, or having been summoned and not appearing, without

some

reasonable

Excuse to be allowed by such Justice, or not being, to be found, to hear

arid determine the Matter in a summary Way,; and if .upon the^pnfes-

sibri of the Party, or the Testimony of any credible Witness or fitnesses

upon Oath (which Oath such Justice; is hereby empowered to administer},

it shall appear to such Justice that any of the Money, which shall have

been collected or raised by virtue of-this Act shall

be,

due.

from such Of-

ficer or Personj such Justice may and he

hereby authorized and required,;

upon Nonpayment

thereof,

by Warrant under his Hand and Seal, to cause,

such Money to be levied by Distress and Sale of the Goods and Chattels

of such Officer or Person; and if no Goods or Chattels of such Officer

or Person can be found sufficient to answer and satisfy the

*aid

Money, and

the Charges of distraining and selling such, Goods and Chattels; or if

it shall appear to such Justice that such Officer or Person shall have

refused or wilfully neglected to render or give such Account, or to pro-

duce the Vouchers relating thereto, or that any Books, Papers, or Writings

relating to the Execution of this Act shall be in the Custody or Power of

such Officer or Person,, and he shall have refused or wilfully neglected to

deliver or give Satisfaction respecting the same as aforesaid* :then and in

\Local.~] 20 G any

1774 PGEORGII IV. Cap.hm.

aiiy of the Cases aforesaid such "Justice shall commit such Offender to th£

Common Gaol or House of Correction for the Borough, County, City,

Town Corporate, or Place where such Offender shall be or reside, there

to remain without Bail or Mainpfize, until he shall have made a true and

perfect Account and Payment as- aforesaid, or until he shall have com-

pounded with such Commissioners for such Money, and shall have' paid

such Composition, which' the said Commissioners are hereby empowered

to make and receive, and until he shall have delivered.up.such Books,

Papers, and Writings as aforesaid, or shall have given Satisfaction in

respect thereof to the said Commissioners; provided that no Person who

shall be committed by virtue of this Act, oh account of his not having

sufficient Goods or Chattels,; shall be detained in Prison for any longer

Term than Six Calendar Months ^provided

also,

that if any Money shall

remain due from such Officer or;Person, Officers or Persons, the Com-

mitment of him or them to Prison* shall not be deemed a discharge for

the same, nor exonerate his or their Surety or Sureties; but such Officer

or Person, Officers or Persons, and^his and their Surety or Sureties, shall

remain liable to the Payment

thereof,

in the same Manner,'as if.such

Officer or Person had not been committed to Prison.-

Appointment XI. Arid be it- further enacted.That if

any

.Collector,

or Receiver of the

of Officers

Monies to be levied by the Authority of tlu\ Act shall die or become

case of incapable of acting in the Execution of this Act,it shall and may be law-

eat . £uj tQ an^ £or t^e saj(j Commissioners, or any Three or more" of them,

though not assembled at a Meeting in pursuance of this Act, by any

Writing under their Hands, to appoint any Person to be Collector or

Receiver of the Monies, until

Collector or Receiver shall be appointed by

the said Commissioners at a Meeting to be holden in pursuance of this

Act j any thing herein contained to the contrary notwithstanding.

'Clerk and "XII. Provided always, and be it further enacted, That it shall not

Treasurer

be lawfiil for the said Commissioners to appoint the same Person whb

be different ihay be appointed to acT: as their Clerk'in the Execution of this Act,

ersons. or the Partner of any 'such ;Clerk, to be the Treasurer for the'Pur-

poses of this Act, or to appoint the Person who may be appointed Trea-

surer,.orthe Partner of any such Treasurer,

to,

be theClerk to the said

Commissioners for executing this Act; and if any Person shall act in

both the Capacities of Clerk and Treasurer for the Purposes of this Act,

or if any Person, being the Partner of any such Clerk,1 shall act as Trea-

surer,; or being the Partner of any such Treasurer shall, act as Clerk in

the Execution of this Act, every Person so offending shall for every such

Offence forfeit and pay the Sum of Fifty Pounds to any Person or Persons

who shall sue for the same in any.'of His Majesty's Courts of Record at

Westminster,

by Action of Debt, or. on-the Case,, or.by Bill, Suit, or.

Information, wherein no Essoign, Protection,: Wager of Law, nor more

than one Imparlance, shall be allowed.

'Commission- XIII. And be it further enacted, That the Commissioners appointed

erstosueand and to be appointed by and under this.Act shall and:may sue and be

be sued

in gue^ ^

ta£e

jji Bonds 0r Securities in the Name or Names of, their

kecfeX Treasurer or Treasurers or Clerk for the Time being, to be appointed

under this Act or either or any of them; and that no Action or Suit

which may be brought by or against the said Commissioners, or any.of

4 them,

1°

GEORGII IV.

Cap.hai.

them,, in relation to this Act, in the Names of their Treasurer or Trea-

surers, or Clerk, shall abate or be discontinued by the Death or Removal

of)

such Treasurer or Treasurers, or Clerk, or by the Act of him or them,

•without the Consent of the said Commissioners (as the Case may be), but

the ^Treasurer or Treasurers, or Clerk, for the Time being shall always be

deemed Plaintiff or Plaintiffs, Defendant or Defendants, in every such

Action or Suit (as the Case may be); provided always, that all and

every such Treasurer or Treasurers, or Clerk, shall be reimbursed out of

the Monies to be raised by virtue of this Act, all such Costs, Damages, and

reasonable Expences as he or .they shall be p~ut unto or become charged

or chargeable with by reason of his or their so being made Plaintiff or

Plaintiffs, Defendant or Defendants as aforesaid; provided that the

Action or Defence shall be prosecuted or carried on and continued

(as.the Case may be), with the Consent of the said Commissioners.

XIV. Provided always, and be it enacted, That in any Action to be Actions

brought by the said Commissioners against the Treasurer of Treasurers, against Clerk

or Clerk for the Time being, the same shall be commenced and prose- al1^;rrtre!b"

cuted in the Name of one of the Commissioners for executing this Act ; brought in

and that no such Action shall abate or be discontinued-by reason of the tlieName of

Death or Resignation, or by the Act of such Commissioner, without the, a Commis-

Gonsent of the Commissioners for, executing this Act, or any Five or Sloner•

more of them; but that such Commissioner in whose Name any such

Action shall be brought shall be, deerried, to, be Plaintiff in every such

Action, and shall be fully reimbursed and paid out of the Monies to

arise by virtue of this Act all.such Damages, Costs, Charges, and Ex-

pences as by the Event or in consequence of any such Action or Pro-

ceeding he shall pay, bear, expend, or be put unto,'or become charge-

able with by; reason of his being made such Plaintiff as aforesaid.

XV. And be it further, enacted, That it shall be lawful for the said, Commission-

Commissioners, and they are hereby.authorized, empowered, and required, e,rs t0 oa"se

from Time to Time to cause the several Streets, Squares, and other public i^be lighted

Passages and Places within the said Town and Borough, to be from Time, cleansed, and

to Time lighted, cleansed, and watered, and all Encroachments, Obstruc- watered.

tions,

Nuisances, and Annoyances therein to be removed, in such Man-

ner as the said Commissioners shall think proper.

XVI. And be it further enacted, That it shall be lawful for the said. Lamps to be

Commissioners,. and they are hereby authorized and empowered from set up.

Time to Time, and at any Time after the passing of this Act, to

order and direct Lamp Irons to be affixed in, to, upon, or against the

Walls,

Palisades, »or other Parts of the Houses, Tenements., Walls or

Buildings, within the said Town and Borough, or in any other Manner

that they shall think proper and convenient; and to purchase, provide,

affix, set up, alter, take down, and renew such and so many Lamp Irons

and Lamps, of such Sizes and Sorts, and to erect such Lamp Posts, and in

such Places, and in., such Manner as to them shall seem necessary or

proper for lighting all or any of the Streets, Squares, and other public Pas-

sages or Places aforesaid ; and also to contract with any Person or Persons

for furnishing and producing and for lighting the said Lamps, at such

Seasons of the Year, and for so many Hours, as they shall judge

necessary,

1775

XVII. And

1776

Penalty for

breaking

Lamus.

PGEORGII IV. C^.lxii.

XVII. And be it further enacted, That if any Person or Persons

shall wilfully break, take; away, throw down, or otherwise destroy or

damage any Lamp or Lamps which shall be erected by or by Order of

the said Commissioners, or by any Person or Persons, at his or their own

Expence, for the Purpose of lighting any of the said Streets, Squares, or

public Passages or Places, or any Post, Iron, Cover, or Other Furniture

thereof,

or shall wilfully extinguish the Lights of any such Lamp or

Lamps, it shall be lawful for any Justice of the Peace for the County of

Durham, and he is hereby required, upon Complaint to him made of any

such Offence, and on the Oath of a credible Witness, to issue a Warrant

for apprehending the Party or Parties accused ; or if shall be lawful for

any Person or Persons who shall see such Offence committed to appre-

hend, and also for any Person or Persons to assist in apprehending the

Offender or Offenders, and by Authority of this Act, without any other

Warrant, to deliver him, her, or

them,

into the Custody of a Peace Officer,

in order to be secured and conveyed before some Justice of the Peace for

the said County; and on the Party or Parties accused being brought be-

fore some Justice, such Justice shall proceed to examine upon Oath any

Witness or Witnesses, who shall appear or be produced to give Evidence

touching such Offence ; and if the Party or Parties accused shall be con-

victed of such Offence,, either by his, her, or their Confession, or upon

such Evidence as aforesaid, then and in every such Case he, she, or they

shall for every such Offence respectively, and if more than one shall

severally forfeit and pay any Sum not exceeding Five Pounds, and shall

besides make full Satisfaction, to be ascertained by such Justice, to the

said Commissioners, or other Party injured, for the Damage so done;

and in case such Offender or Offenders shall not, upon Conviction, forth-

with pay such Penalty by him, her, or them incurred, and also such Satis-

faction as aforesaid, such Justice is hereby required to commit such Offender

or Offenders to the Common Gaol or House of Correction for the. said

County, there to be kept to hard Labour for any Time not exceeding

Three Calendar Months, and such Offender or Offenders shall not be

discharged before the Expiration of the Time for which he,' she, or they

shall be so committed, unless such Penalty and Satisfaction as aforesaid

shall

be*

sooner paid and given.

XVIII. And be it further enacted, That it shall be lawful for the

said Commissioners, and they are hereby authorized and empowered, from

Tinie to Time to appoint such Number of Watch'ihen and Patroles to

be employed within the said Streets, Squares, and other public Passages

and Places, for so long in the Night, under such Regulatipns, and.'for

.Such Wages as they shall think proper, and to provide them with proper

Arms,

Ammunition, Weapons, and Clothing, for the Discharge of their

Duty; and also to erect Watch-houses and' Watch-boxes in such Place or

Places as they may think proper; and if any Watchman or Patrole ap-

pointed as aforesaid shall neglect to perform his Duty, or shall in ahy wise

misbehave himself in the Execution of his Office, he shall forfeit and

pay any Sum not exceeding Forty Shillings.

Lamps, XIX. And be it enacted, That all the Lamps, Lamp Irons, Lamp Posts,

.Lamp

Posts,

Watch-boxes, Watch-houses, and other Houses and Buildings which shall

&c.

vested in be erected or fixed up by virtue of this Act, and all Materials, Implements;

n and other Things which shall be purchased or provided by the said Com-

missioners

Watchmen

ap-

pointed.

Commis-

sioners.

I'GEORGII

IV. Cap.bdi. 1777

imssioners For the Purposes of this Act, and also all the Dirt, Dust, Dung,

Ashes and Filth to be swept, gathered* and collected in and from thd

several Streets, Squares, and other public Passages and Places within the.

said Town and Borough, or any of them, shall belong to and be the

Property of arid are hereby vested iri the said Commissioners; and the

said Commissioners shall and may cause to be brought any Action, or

Actions, or direct the preferring of any Bill or Bills of Indictment, (as the

Case may require), against any -Person or Persons who fehall steal, tak'ej

or carry away, detain, spoil, injure or destroy, the several Articles and

Things hereby vested in the said Commissioners as aforesaid, or any of

them, or any Part or Parts

thereof;

and in all such Actions and Bills of

Indictment respectively, it shall be and be deemed and taken to be

sufficient to state generally, that the Article or Articles, Thing or Thingsj

for or on account of which Action or Actions shall be brought, or Bill or

Bills of Indictment shall be preferredi is of are the Property of the Com*

missioners for the Improvement of the Town and B'orbugh of Stockton,

without particularly stating or specifying the Names of all or any of the

said Commissioners j and the said Commissioners shallhave full Power

and Authority from Time

"to

Time to sellahd dispose of, for the Purposes

of this Act, all of, any bf the said Articles and Things^ or any Part or Parts'

of the sanie respectively, to such-Person or Persons, and in such Manner

as they the said Commissioners shall think proper.

XX. And b'e it further enacted> That if any Person or-Persons-shall Penalty

wilfully of malidbilisly break, injure, or 'destroy, or otherwise damage any ^;"iaS.1D1S

of the Articies or Thing's hereby vested in the said Commissioners, or any Matenals'

of the Works done by them in pursuariee'of this Act,'every Person so

offending sh All for every such'Offence' forfeit and pay ;any Sum notes*-

ceeding Ten Pounds.

XXI:

And be'it further enacted, That if any Person shall run, drive, Penalty on

or place, or jciiuse'YcV be run, driven or placed', any Coach, (Barty Waggon, occasioning

Dray, Truck, Sledge, Wheelbarrow,

HandbarfOWJ

or any Carriage, what- msance3,

Soever, upon or over any of the. Foot Pavement or Causeways within the

said Town or Borough,'or.shall wilfully ride, driveyor lead any Horse, or

b'ther Beast or Cattle, of shall roll any Cask or Tub (otherwise than for

the necessary loading of unloading thereof upon or from any Carriage

within the Extent of the Premises occupied by such Person), or drag any

Timber or. Log of Wood along or upon any of the said Foot Pavements

or Causeways, or shall permit or suffer to run loose and wander about any

of the said Streets, Squares, or other public Passages or Places, any Horse

or other Beast, Swine or Cattle, or shall kill, slaughter, singe, scald, dress

or cut up, or cause "to be killed, slaughtered, singed, scalded, dressed, or

cut up any Beast or Swine,

Calf,

Sheep, Lamb, or other Cattle, or permit

or suffer any Blood, Filth, or Annoyances whatsoever to run or drain from

any Slaughter House, Stable Yard, or Premises in or upon any of the said

Streets^ Square's,'or other public Passages or Places ; or shall hoop, cleanse,

or wash of scald any Casks, or hew or saw or cause to.be hewed or sawed

any Stone, Wood, or Timber, or bifid or make the Wheel of any Carriage,

or'shoe, bleed, dress, or farry any Horse of other Beas't, or set, place, or

expose to Sale any Goods, Wares, or Merchandizes, either in the Foot-

ways or Carriageways of any of the said Streets, Squares, or other public

Passages or Places j or shall hang up, place, or expose to Sale any Goods,

[Local.'} tvH Wares,

l°GEORtm IV. CapAxil

Wares, or Merchandizes whatsoever, or any Fruit, Vegetables, Garden.

Stuff,

Butchers Meat, or other Matter or Thing on or.projecting over any

of the said Foot or Carriageways, so as to obstruct or incommode the

Passage of any Person or Carriage, or shall make or assist in making any

Fire or Fires commonly called Bonfires, or shall set fire to, or throw, or

wantonly fire off or

discharge,

any Gun, Pistol, or other Fire-arms, Squibs,.

Rockets, Serpents, or Fireworks whatsoever, or play at Football, or any

other Game or Games; or shall wilfully break, aid or abet, or assist in

wilfully breaking any Glass or Window Panes, or Windows, in or belong-

ing to any Dwelling House or Building in any Part or Parts of the said

Streets, Squares, or other public Passages or Places, to the Annoyance of.

any Passenger or Passengers, or shall in any Manner obstruct or incom-

mode, or hinder or prevent the free Passage of any Footway or Carriage-

way, or shall wilfully prejudice or annoy in any Manner whatsoever, any!

Person or Persons travelling or passing thereon ; or shall sift, screen, or

slack any Lime (except within a Hoard or Inclosure to be allowed of by!

the said Commissioners); or shall carelessly or wilfully break or damage

any .Foot Pavement in any such Street, Square, or other public Passage or

Place, or cause the same to be broken or damaged, every Person so offend-.

ing in any of the Cases aforesaid shall for every such Offence forfeit and,

pay any Sum not exceeding Five Pounds, nor less than Forty Shillings.

XXII. And be it further enacted, That if any Waggon, Cart, Dray, or

Timber Carriage, shall be left to stand or remain in any of the Streets,

Squares, or other public Passages or Places within the said Town or Borough

Stockton,

with or without;

Horses,

for any longer Time than shall be

reasonable and necessary for the loading or unloading

thereof,

or in case

the same shall not during, such Time be standing as near to the Side of

such Street, Square, public Passage or Place, as conveniently may be; or

if any Stage Coach shall be left to stand or remain in any of such Streets,

Squares, or other

public.

Passages or Places, with or without Horses, or for

any longer Time than shall be reasonable and necessary for taking up or

setting down Passengers, or for loading or unloading

thereof;

or if any

Horse shall be suffered to stand at the Door or House of any Person so

as to obstruct or incommode the Passage of any of the said Footways ; or

if any Timber, Bricks, Stones, Wood, Goods, or other Things shall be

laid or placed, or left to remain in any of the said Streets, Squares, or

other public Passages or Places, for any longer Time than shall be necessary

for removing or housing the same; or if any Dung, Ashes, Rubbish,

Dirt, Dust, or other Nuisance or Annoyance, shall be thrown, cast or laid

in any of the said Streets, Squares, or other public Passages or Places, and

suffered to remain for any longer Time than shall be necessary for remov-

ing the same, then and in every such Case the Owner or Driver of every

such Carriage, and the Owner of such Timber or other Things as afore-

said, and the Person who shall throw, cast, or lay any Dung, Ashes, Rub-

bish, Dirt, Dust or other Nuisance or Annoyance as aforesaid, or otherwise

offend in the Premises, shall for every such Offence forfeit and pay any

Sum not exceeding Twenty Shillings, nor less than Five Shillings ; and if

any such Timber or other Things, or such Dung, Ashes, Rubbish, Dirt,

Dust, or other Nuisance or Annoyance, shall ,be suffered to remain in any

of the said Streets, Squares, or other public Passages or Places, longer

than shall be necessary as aforesaid, any Surveyor of the Highways for the

•said Town or Borough,,or any Person to be employed by the said Com-

5 missioners,

PGEORGII IV. Cap.tei. 1779

•missioners, is hereby authorized and empowered to cause the same to be

removed to such Place as he shall think proper, and the Expence thereof

shall be paid by the Person liable to the Payment of the said Penalty, and

shall and may, in case of Nonpayment on Demand, be recovered in like

Manner as any Penalty is herein-after authorized and directed to be re-

covered.

XXIII. And be it further enacted, That if any Horse, Beast, Cattle, or Beasts wan-

Swine,- shall at any Time be found wandering about any of the Streets, Bering in the

Squares, or other public Passages or Places within'the said Town or utr^ets:n^.

Borough of

Stockton^

it shall be lawful for any Person or Persons to be ec|.

appointed by the said Commissioners, or any Inhabitant of the said Town,

to seize such Horse, Beast, Cattle or Swine, and impound the same in the

Common Pound of the said Town, or in such other Place as the said Com-

missioners shall appoint, and the same there to detain until the Owner or

Owners thereof shall for each Horse, Beast, Swine, or Head of Cattle so

impounded, pay a Sum of Money not exceeding Twenty Shillings to the

Treasurer for the Time being to the said Commissioners, to be applied for

the Purposes of this Act, and also the Sum of One Shilling to the Person

impounding the. same, besides the reasonable Charges and Expences of

impounding and keeping the same; and in case the said Sums, Charges,

and Expences shall not be paid within Seven Days after such impounding,

it shall.be lawful for the Pound Keeper, or such other Person as shall be

appointed by the said Commissioners for that Purpose, to sell the Horse,

Beast, Cattle, or Swine so impounded, or cause the same to be sold, giving

Two Days previous Notice of the intended Sale to the Owner or Owners

of such Horse, Beast, Cattle or Swine; or if the Owner thereof cannot be

found, causing Three Days public Notice pfsuch intended Sale to be given

by. the Public Town Crier of the said Town or,Borough of Stockton,'by

Proclamation; and the Money arising by such Sale, after deducting the

said Sums, and the Charges and Expences aforesaid, and of such Notice

and Sale, shall be paid to the said Treasurer, to be. by him paid to the

Person, whose Property the Horse, Beast, Cattle or Swine so sold shall

appear .to have been, upon his or her claiming the same.

XXIV. And be it further enacted, That in case any Slaughter House, Commission-

Hog Stye, or other noisome Building,* being in or near any of the said

ers may order

Streets, Squares, or other public Passages or Places, shall annoy or be "^ens,ve

offensive to the Inhabitants of the said Town or Borough, or shall be a removed.

Nuisance, in the legal Acceptation of that Term, it shall be lawful for

the said Commissioners, upon Complaint being made thereof to them by

any Person or Persons, by Notice in Writing under their Hands, or the

Hand of their Clerk, to order any such Nuisance to be removed ; and in

case the same shall not be removed (within Two Days after such Notice

shall be given to the Person or Persons who ought to remove the same),

such Person or Persons shall forfeit and pay any Sum not exceeding Forty

Shillings, for every Day that the same shall remain unremoved after the

Expiration of the said Term, the same to be recovered in like Manner as

any Penalty or Forfeiture

by this Act authorized to be recovered.

XXV. And be it further enacted, That from and -after the passing of JJ*^*™*"

this Act all Persons occupying Houses, Buildings, Tenements, Shops, pav^me^ts

Warehouse's>.

1780 l°I IV. ft^,IxiL

opposite to

Warehouses, Yards, Gardens, or Stables in arijr of the\ Stfe'etsj SqirareSj or

their

Houses,

other public Passages- or Places withih the said ToWn- or" Borough of

'Stbcktdh, shall cause to be swept and cleansed the Fobtwaysy Paths, 'arid

Pavements, the whole Length-of the Ffott'tbf their respetti^e Houses1,

Buildings, Tenements; Shops, Warehouses, Yards,.Gardens;,

•

or 'Stables,

to the full Extent of the .Foot Pavement before the same, between the

Hours of Seven and Ten of the Clock in the Forenoon, Once or oftener in

every Week, as the said Commissioners shall from Time.to Time drder and

require j and also in Times: of Frost or Snow shall causa all the \ce. and

Snow to be swept arid removed from such Foot Pavements from Time to

Time, .within Two Hours after they shall be required so to do; by the .said

Commissioners, or any THree or more of them,..upon pain of forfeiting

and paying any Sum of.Money not exceeding Ten Shillings, nor'less than

•Five Shillings, for every Neglect therein.

XXVI. And, for> raising Mon'ey to enable, the said Commissioners fo

carry the'severai Purposes of this Act into Execution,: be it further enacted,

That One or more Rate.or Rates, Assessment or Assessments-,'shal!l.belaid

or assessed by the said Commissioners, Once or,oftener in every Years, as

theyshall judge it needful, upon Messuages, Tenements,' Houses:, and other

Buildings, Yards, Gardens, and Tolls of Fairs and Markets for the Time

being* within the said Town arid Borough of

Stockton)

or the Precincts

thereof,

in any Sum hot exceeding in the whole One Shilling hi the Pound

in any aOne Year, of Two Third Parts only of the Annual Value to let for

the Time 'being of such Messuages, Tenements,.Houses and other Build-

ings,

Yards, Gardens, and Tolls respectively; and the first Year for which

such Rate or Assessment shall be made shall commence and be computed

from the'First Day of

September

One thousand eight hundred and twenty,

and the Money so to be rated or assessed shall from Time to Time be levied

u'p^on and 'paid'by the Tenant or Occupier.of stich Messuages^ -Tenements,

Hbtfses and Other Buildings, Yards, Gardensj'arid Tolls respectively, by

Quarterly or other Payments, to such Person or Persons as the said Com-

hiis~sibhers shall appoint to be Collector or Collectors of the "samej to be

by him or them paid over to tire Treasurer.or,Treasurers of the said

Commissioners ; and so that no Messuage, House, Shop, Warehouse,

Building, Garden or Yard, situate out of the Precincts ;of the said Town

and Borough, shall be, rated or chargeable to any such Rate or Assess-

ment.

Lessees of .XX.VIL And .be it further enacted, That the Lessee,, Landlord^,r

Houses let to Owner of; every House within the said Town or Borough; of

\Stocktdn,

pay Kates?

which is or shall or may be let out ready-furnished to a Lodger or Lodgers,

shall be liable or subject to the Rates or Assessments directed by this 'Act

to.

be made, raised and levied, according to Two Third Parts of the; yearly

Value of the Premises; and that every Person renting or occupying any

such ready-furnished House as aforesaid, shall be liable and compellable to

th,e Payment of the said Rates or Assessments, not exceeding in any Case the

Amount of the/Rent reserved or payable for the.same," to be. recovered in

Manner hereinafter mentioned j and that every such respective Occupier

or Occupiers who shall pay any such Rate "or Assessment, or "from whom

the.same shall.be recovered in pursuance of this Act, shall and may deduct

the same^from and out of-his of her next Rent, and the Lessee, Landlord,

or other Person or Persons who shall be in the actual Receipt of the Hack

Rates to be

made.

rGEORGII IV: fe.lxli. 1781

or improved Rent of such H6use,is arid are hereby required to allow the same

accordingly, and the Receipt for such Payment shall be a sufficient Dis-

charge for such Tenant or Tenants; Occupier of Occupiers, for so much

Money as he,'she, of they shallpay> or as shall bd'levied on him, her, or

them by virtue !of'this Act,

XXVIII. Provided always, and' be it further enacted, That no Person Poor Persons

or Persons who byreason'Vof his, her, or their Poverty or Inability only is, not t0 ^e

are,

or shall be excused from the Payment of, or shall be' left out of the assessed'

Rates or Assessments made for the Relief of the Poor of the said Town

and Borough of

Stockton,

shall be subject or liable to be rated or assessed

in any Rate or Assessment to be made by virtue of this Act,

XXIX. And be it further enacted, That it shall be lawful for any Person

poor

Rates,

Persons,

having an Order under the Hands of any Three or more of the maybe

\a-

said Commissioners, to inspect and take Copies of of Extracts from all spected.

or any-Rates made for raising Money for the Relief and Maintenance of

the Poor within the Town and Borough of Stockton, aforesaid ; which

Inspections, Copies or Extracts, the Person or Persons having the Custody

of such,Rates respectively are hereby required' to permit and suffer to.be

made, without Fee or Reward, upon Production of such Order; and in

case any Person having the Custody of any such Rateis shall neglectVr

refuse so to do within Three Days after' such'Order shall have been

produced and shown to him, or a Copy thereof left at his usual Place of

Abode, he shall for every such Neglect or Refusal forfeit and pay any Sum

not exceeding Five Pounds.

XXX. And be it further enacted and declared, That the Book of Rates Rate Book

to be delivered to the Collectors or other Officers to the said Commission- Evidence.

ers,

and all Entries afterwards made therein, or examined Copies' thereof

respectively, being signed by any Three or more of the said Commissiohersj

shall be received a$ Evidence of the Rates'imposed by virtue of this Act^

and of the Payment of such of them, of any Part

thereof,

as shall by such

Entries appear to have been paid to' such Collectors,

XXXI. And for' better enforcing Payment of the Rates or Assess^ Arrears of

ments to be made by virtue of this Act, be it further enacted, That if any R*tes h(w

Person or Persons liable to pay any of the Rates or Assessments to be be recovered?

made by virtue of this Act shallrefuse or neglect to pay the Money rated of

assessed upon him, her, or them, and all Arrears due thereon; or if any

Personor Persons liable to pay any of the said Rates or Assessments shall

at any Time begin to remove his, her, or their Goods, Chattels, Furniture,

Cattle or other'Effects from the Messuage, Building, Land, Tenement;

Hereditaments or Premises in his, her, or their Occupation, within the

said Town or Borough of

Stockton,

or to sell and

dispose'of,

or cause to

be sold or disposed of, such Goods, Chattels, Furniture, Cattle or .pther

Effects therein by public Auction* or sell, dispose of, or carry away his,

her, or their Goods, Chattels, Furniture, Cattle or other Effects asafore-

said, without first paying all Arrears due orrated in respect'of such Messu-

age,

House, Building, Lands,Tenerrients, Tblls,!Hereditamerits, or Premises

(including the current Quarter'which shallbe considered as due),-that

then and in any of the said Cases it shall be lawful for the Collector 6r

Collectors-for

the.

Time ^'eing^to' be appointed in pursuance of this Act,

{Local.'} 2o'I to

1782

For compell-

ing

Payment

of Subscrip-

tion.

Commission-

ers may bor-

row Money.

l°GEORGII W. Cap.lxil

to collect and levy such Rates and Assessments, and all Arrears due there-

on, and the Rate or Assessment for such Quarter wherein such Removal

or Sale shall begin to be made as aforesaid, in case the same shall not be

forthwith paid, (although previous to the Time for the Payment of the

Rate or Assessment for such Quarter), by Warrant under the Hand and

Seal, or Hands and Seals, of One or more Justice or Justices of the Peace

for the County of Durham, by Distress and Sale of the Goods, Chattels,

Furniture, Cattle and other Effects of or belonging to the Person or Persons

whose Rate or Rates shall then be due or payable as aforesaid ; and if

within Four Days next after such Distress shall be made, the said Rates

or Assessments, and all Arrears due thereon, together with the reasonable

Costs and Charges of taking and keeping the said Distress, shall not be

paid, the said Collector shall cause the said Goods, Chattels, Furniture,

Cattle and other Effects to be appraised and sold, or such Part thereof as

shali be sufficient to pay such Rates or Assessments, together with all

Arrears due thereon, and the reasonable Costs and Charges of making

such Distress, and of keeping and selling the same, returning the Overplus

(if any) to the Owner or Owners of such Goods, Chattels, Furniture,.

Cattle, and other Effects respectively.

XXXII. And be it further enacted, That the several Persons who have

become Subscribers towards defraying any Part of the Expences of obtain-

ing and passing this Act, and carrying the same or any Part of it into

Execution, and every of them, and all and every Person or Persons who

shall hereafter become a Subscriber or Subscribers for the Purposes afore-

said, and his, her, or their Heirs, Executors, or Administrators, shall

within Twenty-one Days next after Notice in Writing under the Hand

of the Treasurer or Clerk to the said Trustees shall have been given or

delivered to him, her, or them, or left, at, his, her, or their Dwelling or

usual Place of Abode, make full Payment of the respective Sums of Money

so by him, her, or them subscribed, or agreed to be subscribed as afore-

said, or such Part or Parts thereof as may be required in such Notice ; and

in case any such Person or Persons, his, her} or their Executors, or Admir

nistrators, shall refuse, neglect, or fail to make such Payment as aforesaid^

then and in every such Case it shall be lawful for the said Commissioners

to ,bdng or" cause to be brought any Action of Debt^ or. on the Case, Bill

Plaint or Suit, against the Person or Persons so refusing or neglecting as

aforesaid,

his,

her, or their Heirs, Executors, or Administrators, in any of

His Majesty's Courts of Record at Westminster, or the Court of Pleas

at Durham, wherein no Essbign, Protection, or Wager of Law, npr

more than One Imparlance shall be, allowed; and on Proof .of such

Person or Persons having so subscribeclf or agreed to

subscribe,,

and such

Notice being given as last aforesaid, such respective Sum or Sums so^ sub*

scribed, or agreed to be subscribed, or so much thereof as shall be required

to be paid by such Notice, shall be recovered with full Costs of Suit.

XXXIII. And for the more speedy and effectual raising of Money for

the Purposes .of this Act, be it further enacted, That it shall be lawful fo?

the said Commissioners, and they are hereby empowered from Time to

Time, to borrow and take up at interest any Sum or Sums of Money, not

exceeding (in the whole the Sum of Two thousand Pounds at any onle

T|me, upon the Credit of the R#te& or Assessments hereby granted, and

by Writing under their Hands and Seals to mortgage or assign over

9 the

-rGEORtfll W» %.!xi|. m$

the said Rates or; Assessments.^ or. any

Parj:

thereof,

to jthe Person, or

Persons, who shall advance "or'fend,Jsuch;' Money, or his, her, or their

Trustee'or Trustees, asf a'Securit^'rbr {he Kfon'e^'so to be borrowed,

together with Interest' IbF'the same'; and every such Mortgage or'Assign-

ment may be accqrding'to the Form following ; (that is to say),

* fiY virtue of an Act, passed in the First Year of the Reign of His Form.qf the

c 1J Majesty. King #. the'Fourth',, intituled (set forth the Ttili'ofihis Mot&&>-

' AcQ, we, ' ',,';,. ^'.. . ^.ei^ .- ,'. " • '-

•

of'tne

' Commissioners appointed by virtue of ''tfre said Kit, in Consideration p'f

'* the Sum of paid to us by A.B. [insert

the.

Name, Place of Abode1,

' and Addition sf the Lender], for the Purposes of the said Act, do grant

'' and assign, unto the said A, B. his Executors, Administrators',' and

' Assigns, such Proportion of the'Rates or Assessments arising by

' virtue of the said Act as the said Sum of doth or shall

* bear to the whole Sum which is or shall be borrowed upon the; Credit

* of the said Rates or Assessments; to be had and holden from this Day

' until the said Sum of . with Interest henceforth for the; same., at

' the Rate of fer,

Centum

per Annum, to be paid Half-yearly,

'shall be fully re'paid and satisfied. In Witness

whereof,

we have hers-

' unto set our Hands and Seals, this Day of in, the

' Year of our Lord .'

And: every such Mortgage: or Assignment shall, be good, valid* arid

'effectual

in.

the Law, provided that the whole .Sum

to.

be charged onjtlfe

Credit of the said.Rates or Assessments, shall not at any Tirne; exceed the

Sum of Two thousand Pounds ; provided always, that

iri

case the said Com- Money may

missioners shall think it advisable or raise all or any Part^f the Money

raised on

necessary for the Purposes aforesaid,, by the granting of Annuities for the ''"'

liife or Lives of any Person or. Persons, then it shall be lawiul. for. the

said Commissioners, and they are hereby authorized, arid empowered, by

any Writing or Writings under their Hands and Seals, to grant any An-

nuity or-Annuities to any Person or Persons

who:

shall contribute,; advance,

and pay into the Hands of the Treasurer to the said Commissioners; ,amy

Sum or Sums of Money for the absolute Purchase of any such Annuity

or Annuities to be paid and payable during the natural Life of every^such

Contributor, or the natural Life of every such Person as shall, he: no*

minated by or on Behalf of such Contributor at the. Time of the .Pay*

ment of his or her Contribution or Purchase Money; and

the;

Grant, of

every such Annuity may be according to the Form following ;• (that is

to say),

* "DY virtue of an Act passed in the First Year of the Reign of King Fonn of

George

the Fourth, intituled {here set forth the Title of. this

ActJ,

Grant of

e we, being of the Cpntmissioner^ Annuity.

' appointed by virtue of the said Act, in Consideration of the Sum

' of paid to us by A. B. [insert the Name, Place of

Abodp,,

' and Addition of the Lender}, for the Purposes of the said Act, do hereby

* grant unto the said A. B. his Executors, Administrators, and Assigns,

Otne Annuity pr yearly Sum of ( ,. out of the .Rates

Annuities/

'^aforesaid, Quarterly, uppri the

"" of , the Day of " , and the 'Day

1784 I'GEORGII IV. CapAxil

* Day of iu every Year, during the natural Life of

' the First Payment thereof to be made upon the Day

' next ensuing the Date

hereof:

In Witness whereof we have hereunto

1 set our Hands and Seals, this Day of in the

•* Year of our Lord

A?"1"'!?*

"^n^ every such Grant shall be a good, valid, and effectual Security in

Rat'es &c °n ^aw *°r ^e Payment °f sucn Annuity; which said several Annuities

--' ' so to be purchased shall be made payable and be paid Quarterly during

the natural Lives of such Contributors respectively, or the natural

Life or Lives of such other Person or Persons as shall be nominated

by such respective Contributors; and a proportionate Part of each

Annuity shall be paid from the last Quarter-day Payment td the Day

of the Death of the Annuitant, or his or her Cestuique Vie ; and the said

Commissioners shall pay the said Annuities freed and discharged from

every Tax and Deduction whatsoever.

Bate of An-

nuities on

single Lives

limited.

Power to

borrow

Money at

lower In*,

terest to dis-

charge Secu-

rities at

higher.

XXXIV. And for preventing any improvident Grant of Annuities

under this Act, be it further enacted, That rio Annuities shall be granted

by virtue.of this Act, for any single Life, at any higher Rate than the

following j (that is to say), when the Age of the Annuitant, or'the Person

for whose Life the Annuity shall be granted, shall not exceed Thirty-five

Years,

the Annuity to. be granted shall not exceed the Rate, of Eight

Pounds Three Shillingsifdr each One hundred Pounds of the Considera!"

tion Money paid for: the Purchase

thereof;•

where the-Age of such Person

shall not exceed Forty Years, the Annuity to be granted shall not exceed

Eight Pounds Ten Shillings for each One hundred Pounds of such Con..

sideration Money; where the Age of such Person shall not exceed Forty-

five

Years,

the Annuity shall not exceed the Rate of Nine Pounds for

each One hundred Pounds of the Consideration Money ; where the Age

of such Person shall not exceed Fifty Years, the Annuity shall not

exceed the Rate of Nine Pounds Twelve Shillings for each One

hundred Pounds Consideration Money; where the Age of such Person

shall 'not> exceed Fifty-five Years, the Annuity shall not exceed the

Rate of Ten Pounds Eight Shillings for each One hundred Pounds

of; the Consideration Money; where the. Age of such Person shall not

exceed Sixty Years, the Annuity shall not exceed the Rate; of Eleven

Pounds Eight Shillings for each One hundred Pounds of the Consideration

Money ;; where the Age of such Person shall not exceed Sixty-five Years,

the Annuity shall not exceed the Rate of Twelve Pounds Seventeen Shil-

lings for each One hundred Pounds of the Consideration Money; where

the Age of such Person shall not exceed Seventy Years, the Annuity shall

not exceed the Rate of Fifteen Pounds One Shilling for each One hundred

Pounds of the Consideration Money; and where the Age of such Person

shall not exceed Seventy-five Years, the Annuity shall not exceed the

Rate of Eighteen Pounds Ten Shillings for each One hundred Pounds of

the Consideration Money.

XXXV. And be it further enacted, That in case the said Commis-

sioners can at any Time borrow or take up any Sum or Sums of Money

at a lower Rate of Interest than the Mortgages, Assignments, or Securities

which shall be then in force shall bear, it shall be lawful for the said Com-

missioners from Time to Time to charge the said Rates or

Assessments,;

Manner aforesaid, with such Sum or Sums of Money as they shall think

fit

i»'GEORGII IV Cap.lxii. 1785

fit or proper, and the'Interest thereof

at:

such lower Rate aforesaid; and

to pay off and discharge the Mortgages, Assignments, and Securities bear-

ing a higher Rate of Interest.

XXXVI. And be it further'enacted, That it shall be lawful for the Per- Mode of

sons entitled to any of the Securities for the Money borrowed, or for the transferring

Annuities granted as aforesaid, by Writing under their Hands, to transfer ecunties-

die same respectively to any Person or Persons, according to the Form

following, or any other Form of Words to the like Purport or Effect, as

the Case may be j (videlicet),

' T A. B. [insert the Name, Place of Abode, and Addition of the Person

' assigning] do hereby assign the within Mortgage, [or, Grant of. the

' within-mentioned Annuity], and all my Right and Title in and to the

' Principal Money and Interest [or, Annuity], and all Arrears now due

' thereon, and thereby secured, unto C. D. [insert the

Name,

Place

of Abode,

' and Addition of the intended Assignee], his Executors, Administrators,

' and Assigns. Dated this Day of in the Year of our Lord .'

And Entries or Memorials of all such Mortgages or Assignments,^ and the Entries to be

Grants of Annuities which shall be made in pursuance of this Act, and of made of

all Transfers

thereof,

expressing in Words'at length the Name, Additions, Secunties-

and Places of Abode, and'other Descriptions of all such Persons as shall

from Time to Time be entitled to the Principal Money and Interest, or the

Annuities thereby respectively secured; shall be entered in a Book- to be

kept for that Purpose, by the Clerk to the said Commissioners, to which

Book any Person interested shall at all Times have Access, and shall have

free Liberty to inspect the same without Fee or Reward; and for the

Entry of every such Transfer or Assignment the said Clerk shall be paid

Five Shillings, and no more; and every such Transfer or Assignment, after

such Entry thereof as aforesaid; shall entitle the Person or Persons to

whom the same shall be made, and his, her, or their Executors, Admini-

strators, or Assigns, to the Benefit of the Security or Grant thereby trans-

ferred ; and all Persons to whom such Mortgages, Assignments, or Grants

of Annuities shall be made, or who shall be entitled to the Monies or

Annuities thereby secured, shall be, in proportion to the Sums therein

respectively mentioned, Creditors on the said Rates or Assessments, equally

one with another, without any Preference in respect to the Priority of

advancing such Money, or the Dates of any such Mortgages, Assignments,

or Grants respectively.

XXXVII. And be it further enacted, That all the Money to arise by the Application

said Rates, Assessments, and other Monies hereby granted, or to be levied oftheMoney.

or recovered by. virtue of this Act, and which may be borrowed on the

Credit

thereof,

shall be paid to the Treasurer to the said Commissioners,

or to such other Person or Persons as they shall appoint, and shall

be.

ap-

plied and ^disposed of, in the first place, in paying and defraying the

Charges and'Expences which shall be incident to and attending the ob-

taining and passing this Act, and in the next place, in paying and dis-*

charging the Interest of the Monies which shall be borrowed, and the

Annuities which shall be granted under this Act, and then from Time to

Time in defraying: the Charges and Expences of lighting, cleansing, and

watching ithe Streets, Squares, and other public Passages and Places,, of

andin.the said Town: and 'Borough, and in defraying and paying all Ex-

VLocal.2 20 K pences

1-GEORG-II IV. CapMi,

pences which the said Commissioners and other Officers shall necessarily

sustain and be put unto in carrying this Act into Execution, or- in' prose-

cuting or defending any Prosecutions, Actions, or Suits, in any Mariner

relative to the Execution of this Act, or of any thing to be done under or

by virtue of the same* and for such other Uses and Purposes as are herein

expressed, and the Residue of all such Monies shall be paid and applied in

reducing* paying off, and discharging all such Principal Sums as shall be

borrowed as aforesaid.

eri

Penalty on XXXVIII. And be it further enacted, That if any Person or Persons

obstructing shall at any Time or Times hereafter hinder or molest the Collector or

Commission- Cdllectots, or'other Officer dr- Officers', dr airy Workman of Workmen,

6f any other Person or Persons' WrioftisdeveT, who shall be empldyed by

virtue of this Act, dr' in afiy Manlier coricerded in the Execution

thereof,

in the Pef'fdrm'a*hce and Execution bf his of their Duty o¥ Wtitk, every

Person so offendirig shall for every such Offence' forfeit aiid pay any Sum

tfo't' exceeding Ten Pduiids.

Penalties to

b'e recovered.

Offenders

may be de-

tained till

Warrant of

Distress

XXXIX. And be it further enacted, That all Penalties and Forfeitures

by this Act imposed, the levying or recovering whereof is not 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 of any Justice of the Peace for the said County*

City, Borough, or Place where such Offender or Offenders shall be or

reside (which Warrant, such Justice is hereby required and empowered to

grant);

upon the Confession of the Party dr Parties, or upon the Oath of

One or more credible Witness or Witnesses (which Oath such Justice is

hereby empowered to administer) rendering the Overplus (if any) of the

Money arising by such Sale, on Demand, to the Party or Parties whose

Goods and Chattels shall be so distrained; and after deducting the Charges

of such Distress :and Sale, all such Penalties and Forfeitures, when re-

covered (if riot herein directed to be otherwise applied)^ shall be paid to

the Clerk, or the Treasurer of the said Commissioners, arid shall be apv

plied to the Purposes of this Act; or in case it shall appear to such

Justice, on the Oath of any credible Witness (which Oath any Justice is

hereby empowered to administer), or on the Confession of the Offender

or Offenders, that such Offender or Offenders hath or have not sufficient

Goods arid Chattels within the Jurisdiction of such Justice,

whereon,

the

Penalty or Forfeiture, and Charges of levying the same, can be raised* or

in case sufficient Distress shall not be found after such Warrant shall have

been issued, or if such Penalty and Forfeiture shall not be forthwith paid,

it shall be lawful for such Justicej and he is hereby authorized and .re-

quired', by Warrant under his Hand and Seal* to cause such Offender or

•Offenders to be committed to the Gtiihmon Gaol or House of Correction

of the said Gounty, City j Borough or Place, there to remain without

Bail or Mainprize, for any Time not exceeding Six Calendar Months,

unless such Penalties and Forfeitures, and all reasonable Charges, shall

be sooner paid or satisfied.

XL.

Provided always, and be it further enacted, That in every Casein

which any Person or Persons shall be convicted of any Offence against

this Act, iipon which any Penalty or Forfeiture, or any^Gosts, Charges, ctf

Expences shall be incurred and adjudged to be paid, it shall and may be

lawful

!°GEORGII IV* C^,M; 1787

lawful to and foil the Justice or Justices by or before whom such Offender issued and

or Offenders shall be so convicted, and he and they are hereby respectively ^et^rn made

authorized arid required, in case such Offender or Offenders shall not oa

such Conviction and Adjudication forthwith pay down such Forfeiture

and Costs, to detain such Offender or Offenders in safe Custody, in sonie

convenient and proper Place^ to be appointed for that Purpose by

s.uch

justice or Justices, until such Justice or Justices shall have issued his or

their Warrant in. Manner hereinrbefore direc.ted for the levying such For-

feiture and Costs upon the Goods and Chattels of such Offender or

Offenders, and until it shall have been ascertained, on return made to such

Warrantj that such Offender or Offenders respectively hath or have not

any Goods arid Chattels sufficient whereon to make and levy such Penalty

and Costs ; any thing herein contained to the contrary notwithstanding;

XLIi And be it further enacte'd, That it shall be lawful for the said Commission-

Commissioners to reward any Informer or Informers as they shall think ers

™ay

re"

proper, so as such Reward does not exceed One Moiety of the Penalty or formers""

Forfeiture proved by the Information of such Informer or Informers to

have been incurred

any thing he'reiri contained to the1 contrary notwithr

standing*

XLIL Provided always, and be it further enacted, That no Plaintiff or Pontiff §1^11

Plaintiffs shall recover in any Action for any Irregularity, Trespass, or

nPt.

r??9YPr

wrongful Proceeding, if sufficient Tender of Amends shall be made by or

of^^-^

on behalf of the Party or Parties who shall have committed or caused to Amends.

be committed any such Irregularity, Trespass, or wrongful Proceeding,

before such Action brought; and in case no such Tender shall have been

made, it shall be lawful, for the Defendant or Defendants in any. Action,

by leave of the Court where such Aetiori shall depend, at any Time before

Issue joined, to pay into Court such Sum of Money as he or they shall see

fit, whereupon such Proceedings, or Order and Judgment shall1 be had,

made, or given by such Court, as in other Actions .where the Defendant is

allowed to pay Money into Court.

XLIII. Provided always, and be it further enacted, That if any Person Appeal.

shall think himself or herself aggrieved by any Rate or Assessment which

shall be made in pursuance of this Act, he or she may apply to the said

Commissioners at their first Meeting to be holden after the Expiration of

Five Days after demanding of such Rate or Assessment, and the said Com-

missioners are hereby authorized and empowered, if they shall think such

Person aggrieved, to give such Relief in the Premises as to them shall

seem reasonable; and if any Person shall be dissatisfied with the Determi-

nation of the said Commissioners therein, or if any Person .shall think

himself or herself aggrieved by any Matter or Thing to be done in pufo

suance of this Act, every such Person may appeal to the Justices at any

General or Quarter Sessions of the Peace

j)e holden for the County bf

{Durham, within Three Calendar Months next after the Cause .of Goin-

p'la'int -shall have arisen, such Appellant first giving (Fourteen Days Notice

sit ithe least in Waiting of his or her Intention *o bring such Appeal, an$

of the-Matter

thereof,

ito the Respondent .or Respondents, and also to the

Clerk to the said Commissioners, and within Five Days after such Notice

entering into a Recognizance before some Justice of the Peace of the said

.County, with a sufficient Surety or Sureties conditioned to try such Ap-

peal,

l*G£ORGII IV. Cap.lxil

peal, and abide the Order of and to pay such Costs as shall be awarded by

the Justices at such Sessions; and the Justices at such Sessions shall hear

and finally determine the Cause and Matter of such Appeal in a summary

Way, and award such Costs to the Party appealing or appealed against as

they shall think proper, and their Determination therein shall be final,

binding, and conclusive to all Parties, to all Intents and Purposes.

Justices to XLIV. Provided, always, and be it further enacted, That upon all

amend Rates Appeals from and against any of the Rates or Assessments to be made

appealed ov imposed by Authority of this Act, the Justice of the Peace (where they

shall see just Cause for Relief) shall and are hereby empowered to amend

the said Rates or Assessments, in such Manner only as shall be necessary

for giving Relief to the Person or Persons so appealing, in case they

shall think proper so to do, without quashing or altering such Rates or

Assessments with respect to any other Person or Persons mentioned in the

same.

against with

out altering

the other

Rates.

Rates and

Proceedings

not to be

quashed for

Wantof .

Form,1 or be

removed by

Certiorari.'

For compel-

ling the At-

tendance of

Witnesses.

XLV. And be it further enacted, That no Rate or Assessment, or any

Proceedings to be had touching any Order made* or other Matter or Thing

to be done or transacted in or relating to any Complaint or Appeal, or

any Order or Determination thereon in pursuance of this Act, shall be

quashed and vacated for Want of Form only, or be removed or remove-

able:into any of His Majesty's Courts of Record at

Westminster

or Durham,

by Certiorari, or by any other Writ or Process whatsoever; any Law,

Statute, or Usage, to the contrary in anywise notwithstanding.

XLVI. And be it further enacted, That if any Person or Persons

shall be summoned as a Witness or Witnesses to give Evidence before

the said Commissioners, or any Justice or Justices of the Peace in and

for any County, District, Liberty, Division, or Place whatsoever, touch-

ing any Matter of Fact'.contained in any In formation or Complaint for any

Offence against this Act, whether on the Part of the Prosecutors, or of

the Person or Persons complained of, and which Summons the said Com-

missioners, and such Justices as aforesaid, are hereby authorized to issue,

where and in such case only as such Commissioners, or such Justice or Jus-

tices as aforesaid, (as the Case may be), are made competent by this Act to

hear and determine the same; or if any Person or Persons shall besiim-

moned: as a Witness or Witnesses to. give Evidence at any General*

Quarter. Sessions of the Peace for the County of Durham, or Adjourn-

ment.thereof, upon any Appeal ;by virtue of this Acti, whether upon the

Part of the.Appellant or of the Respondent, and any such Person or

Persons

so1

summoned as aforesaidsshall refuse or neglect, after Tender

ofihis'or her Expences, to appear at the Time and Place to be for that

•Purpose appointed, without a reasonable Excuse for such his, her, or

their' Refusal or Neglect, to be approved of by such Justice or Justices, or

[Commissioners respectively, or appearing shall refuse to be examined

-upon Oath, and to give Evidence before such Justice or Justices of the

Peace or Commissioners as aforesaid, or at any such Sessions or Ad-

journment

thereof,

then and' in either of the said Cases

every such

Person shall forfeit for every such Offence any Sum not exceeding Five

Pounds.

10 XLVII. And

GEORGII IV. Cajo.lxii. 1789

XLVII. And -be

•

it further

enacted, That in all Actions, Prosecu- Inhabitants

tions,

Informations, Causes and Proceedings whatsoever, relating to or maygive

concerning>the Execution of this Act, an Inhabitant residing within the V1 ence"

smd Town or Borough of Stockton shall not be deemed incompetent to

give Evidence by reason of his being such Inhabitant, or of his being

charged with or liabk to pay any Rate or Assessment, by virtue of

this Act.

XLVIIL And for; ahe more speedy and easy Conviction of Offenders Form of

against this Act, be it further enacted, That all and every Justice or Conviction.

Justices of the Peace before whom any Person or Persons shall be con-

victed of any Offence against this Act, shall and' may cause the Con-

viction to be drawn up in^the following Form of Words or any other

Form/or Words to the like Effect, (as the Case shall happen),. videlicet,

' l)urhanvV DE it remembered, That on the Day of

wit;

J ' -O m the

Yeaj-

0f our Lord

* A.'B. is convicted before me,, C. D. one of.His Majesty's Justices of the

' Peace for the said County, [specifying the

Offence,

and the Time and

1 .Place when and

-where

the

same

was committed, as the Case may

be~],

'.,arid I the said Justice do therefore adjudge him to forfeit and pay the

' Sum of

.'.'•

. Given under my Hand and Seal^ the Day

* arid Year above'mentioned.'

XLIX. And be it further enacted, That when any Distress shall be Persons dis-

made for any Sum or Sums of Money to be levied by virtue of this Aet, tra,!nin,s not,

the Distress itself shall not be deemed unlawful, nor the Party or Parties ^JLff™e

making the'same a .Trespasser or Trespassers on account or any Detect or for Want of

Want of-Form in any Proceeding relating "thereto;! nor shall the Party Form.

or Parties distraining be deemed

Trespasser or Trespassers on account

of any Irregularity, but the Person or Persons aggrieved by such Irregu-

larity may recover Satisfaction for the special Damage in an Action on

the Case.

L. And be it further enacted, That no Action or Suit shall be com- Limitation

menced against any Person or Persons for any thing done under this of

Actions.

Act until Fourteen DayB Notice thereof shall be given in Writing to the

Clerk for the Time being to the said Commissioners, or after sufficient

Satisfaction or Tender thereof hath been made to the Party or Parties

aggrieved, or after Six Calendar Months next after the Meeting at which

the Cause of Complaint arose, or after the Fact was committed for which

such Action or Suit shall be so brought; and all such Actions or Suits shall

be laid and tried in the County where the Cause of Action shall have

accrued and not elsewhere; and the Defendant or Defendants in any

such Action or Suit may plead the General Issue, and give this Act, and General

the special Matter in Evidence at any Trial to be had thereupon, and

that the same was done in pursuance and by the Authority of this Act j

and if it shall appear to have been <o done, or that such Action or Suit

was brought before Fourteen Days Notice thereof given as aforesaid, or

that sufficient Satisfaction was made or tendered as aforesaid, or if any

such Action or Suit shall not be commenced within the Term for that

Purpose herein-before limited, or shall be laid in any other County or

[Local] id L Place

Issue.

mtn

Treble Costs.

Commission-

era in Com-

mission of

the Peace

may act as

Justices.

Public Act.

Place than as'aforesaid, then and in any. or either of ithe:§gid fiasej,the

Jury shall find for the Defendant or Defendants; and, ;jf *¥erdjflt,§h^ft

be found for

such.

Defendant or Defendants, or if (the Elajgjtiff ;or fSiasafti^

in any such Action or Suit shall become nonsuited, or

shall-

suffer tl\&,

continuance of any such Action or Suit; or if upon Dejnurr^r Judgs

ment shall be given for the Defendant or Defendants, then and,inu&ny, e'5

either of the Cases aforesaid such Defendant or Defendants shajl havjg

Treble Costs, and shall have such and the like Remedy for recovering

the same as any Defendant or Defendants hath or have in other Cases

by Law;

LI.

And be it further enacted, That all such .Commissioners as jjse

or shall be Justices of the Peace, may act as Justices in all Matters JJftder

the Authopity of this Act, notwithstanding their being .Gommissioneysjj

and that in all Cases where any Justice, or Justices of the, Peace is or are

authorized by this Act to examine any Person or Persons

op.]

Qath.or

Affirmation, it shall be lawful for such Justice or Justices, and he and

they is and are hereby required to administer such Oath.

LIT.

And|b.e it further enacted, That this Act shall.be defied, ad-

judged, *an4 taken to be a Public Act; and shall be judicially taJsen Notice

of as such by all Judges, Justices, and other Persons, without being

specially pleaded.

iu uijju mn-'iLJi iwww

LONDON: Printed by GEORGE EYRE and ANDREW 3xRAMF»

Printers to the King's most Excellent Majesty. 1S&Q.

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Stockton Improvement Act 1820

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Over 100 Countries

Thousands of Data Sources

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Over 2 million registered users