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5 Geo. IV. с. 13.

Form of
Conviction.

Conviction, &c.

not to be quashed for want of Form,

nor removeable by Certiorari.

Appeal.

are hereby authorized and required, by warrant under their hands and seals, to cause such offender or offenders to be committed to the common gaol or house of correction of the said town, there to remain without bail or maińprize, for any term not exceeding three calendar months, unless such fines, penalties, forfeitures and sums of money, and all reasonable charges shall be sooner paid and satisfied; and such penalties, forfeitures and sums of money when so levied, (the application whereof is not otherwise directed,) shall be paid to the treasurer of the said corporation, and wholly applied to the purposes of this act, and to or for no other use or purpose whatsoever.

CXVI. And be it further enacted, That in all cases where any person or persons shall be convicted of any offence committed against this act, or any matter in pursuance thereof, the conviction shall be in the words or to the effect following: Town and County of the Town of Kingston-upon-Hull, (to wit.)

"Lord

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"Be it remembered, That on the day of in the year of our A. B. is convicted before me [or, us] of His Majesty's justices of the peace of and for the "town of Kingston-upon-Hull, and county thereof, by virtue of An "Act passed in the fifth year of the reign of King George the Fourth, " intituled 'An Act,' [here set forth the title of this act, for that he "the said A. B. did on the

"the year of our Lord

day of

in

[here state the offence] by

"reason whereof, I [or, we] do hereby adjudge the said A. B. to have
"forfeited [if the offender is to be found] the sum of [insert the penalty]
"together with the sum of
for costs and charges, [if any

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given,] or, [if to be imprisoned, then] do adjudge the said A. B. to "be committed to the [naming the gaol] for the space of [insert the time, and if the commitment be for nonpayment of a penalty, then add, shall be sooner paid.] "Given under my [or, our] hand and seal [or, hands and seals] the "day and year first above written."

"unless the said sum of

CXVII. And be it further enacted, That no order, judgment, conviction, or other proceedings touching or concerning the conviction of any offender or offenders against this act, shall be vacated or quashed for want of form only, or be removed or removeable by certiorari, or any other writ or process whatsoever into any of His Majesty's Courts of Record at Westminster, nor shall any other order made, or any other matter or thing to be done or transacted in or relating to the execution of this act, be vacated or quashed for want of form only; any law or statute to the contrary in anywise notwithstanding.

CXVIII. And be it further enacted, That in all cases where any body or bodies politic, corporate or collegiate, or any persons or person shall think themselves, himself or herself aggrieved by any rate or assessment, or by any order or conviction, or other matter or thing which shall be made, had or done in pursuance of this act or of the said recited acts, it shall and may be lawful for such body or bodies politic, corporate or collegiate, persons or person, to appeal to the justices of the peace of the town and county of the town of Kingston-upon-Hull, at the general or quarter sessions of the peace which shall be holden in and for such town and county, next after the demand first made of any such rate or assessment, or next after any such order, conviction, matter or thing being made, had, done or committed, (as the case may be,) such appellant or appellants first giving, or causing to be given, fourteen days notice at the least in writing of his, her or their intention to bring such appeal, and of the matter and ground thereof, as well to the said corporation (by leaving such notice, addressed to them, with the clerk of the said workhouse for the time being) and to such other person or persons as shall be intended to be affected by such appeal, as also (in the case of every appeal against any conviction or other proceeding had, made or done by or before any justice or justices of the peace) to the justice or justices of the peace by or before whoin such conviction or proceedings shall have been had, made or done; and further, within four days next after giving or causing to be given such notice as aforesaid, entering into a recognizance before such justice or justices, or some other justice of the peace for the said town and county, with two sufficient sureties, in such reasonable sum or sums of money as such justice or justices shall direct,

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conditioned to try such appeal, and to abide such order as shall thereupon be made, and to pay such costs as shall be awarded by such justices at such general or quarter sessions as aforesaid; and it shall be lawful for the said justices, and they are hereby authorized, at such general or quarter sessions, or at some adjournment thereof, upon due proof of such notice, as before directed, having been given, and of the entering into such recognizance as hereinbefore is mentioned, to hear and finally determine the causes and matters of every such appeal in a summary way, and to award such restitution, damages and costs to the appellant or appellants, or respondent or respondents, not exceeding the amount of the sum or sums of money, charges and expences which shall have been actually recovered and received by any person or persons in pursuance of this act, together with such reasonable costs, charges and expences of prosecuting or defending such appeal, or as the said justices shall think proper; which determination of the said justices at such general or quarter sessions, or adjournment thereof as aforesaid, shall be final, binding and conclusive, to all intents and purposes whatsoever: provided always, that in case there shall not be time to give the said fourteen days notice before the holding of such next general or quarter sessions of the peace as aforesaid, then such appeal shall and may be made to, and heard and determined at, the first general or quarter sessions, prior to the holding of which there shall have been time to give such notice as aforesaid, such recognizance having been previously given and entered into as aforesaid.

CXIX. And be it further enacted, That in cases of appeal to the justices of the peace at any general or quarter sessions to be holden for the said town of Kingston-upon-Hull, and county of the same town, against or relating to any rate or assessment made under or by virtue of this act, the said justices, upon hearing such appeal, where they shall see just cause of relief, shall and are hereby empowered to correct, alter and amend such rate or assessment in such manner only as shall be necessary for giving relief to the person or persons so appealing, without quashing or wholly setting aside the same rate or rates respectively: provided always, that if the court shall think it proper and necessary for giving such relief to persons appealing, that the rate should be wholly quashed, then and in such case the court may wholly quash the same.

CXX. And be it further enacted, That it shall and may be lawful for any justice or justices who is and are hereby made competent, empowered or required to hear and determine any complaint under or by virtue of this act, to issue a summons under his or their hand and seal, or hands and seals, to any person or persons whomsoever, to attend as a witness or witnesses, and to give evidence upon oath, or solemn affirmation, before any such justice or justices of the peace, touching any matter of fact contained in any information or complaint for any offence against this act, or against any bylaw, rule or order made in pursuance thereof, whether on the part of the prosecutors, or of the person or persons complained of, and which summons such justice or justices as aforesaid is and are hereby required to issue, if thereunto required; and if such person or persons so summoned as aforesaid, upon being paid or tendered a reasonable sum for his, her or their costs and charges, trouble and attendance, shall refuse or neglect 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 appearing shall refuse to be examined on oath (or solemn affirmation,) and give evidence before such justice or justices, then and in every such case every such person shall forfeit and pay for every such offence any sum not exceeding five pounds.

CXXI. And be it further enacted, That all notices and summonses which are directed and required to be given by this act, or which are or may be directed or required to be given by any by-law, rule or order to be made in pursuance of this act, or which shall or may be necessary for carrying into execution any of the powers of this act, or any or either of such bylaws, rules or orders, of which the manner of serving the same is not particularly directed by this act, shall be printed or written, and shall or may be served, either by delivering the same personally to the person or persons to whom such notices respectively are to be given, or by leaving the same at his, her or their usual or last known place or places of abode; and with respect to the said corporation, by leaving the same at the workhouse

5 Geo. IV. c. 13.

Justices may amend Rates on Appeal.

Attendance of Witnesses may be compelled.

Notices may be servéd personally or by leaving same.

5 Geo. IV. c. 13.

Limitation of Actions.

Saving rights of
Corporation, of
Mayor, &c.

Saving rights of
Almshouses, &c.

Saving Powers and Provisions in former Acts as Paving, &c.

Act made
Public.

to

in or belonging to the said town, and being so respectively given or left, shall be deemed to be given and served according to the meaning of this act.

CXXII. Provided always, and be it further enacted, That no action or suit shall be brought against any person or persons for any thing done under colour of, or in pursuance of this act, except it be brought within three calendar months next after the fact shall have been committed out of which the cause of such action shall have arisen, and every such action shall be laid and brought in the county or place where the cause of action shall have arisen, and not elsewhere; provided also, that no plaintiff or plaintiffs shall recover in any action for any irregularity, tresspass or other proceeding, unless notice in writing shall have been given to the person or persons against whom the same is intended to be brought, or left at his, her or their last or usual place of abode twenty-one days before such action shall be commenced, signed by the attorney for the plaintiff or plaintiffs, specifying the cause of such action; nor shall the plaintiff or plaintiffs recover in such action, if tender of sufficient amends shall be made by or on behalf of the party or parties who shall have committed or cause to be committed the said fact before such action brought; and in case no such tender shall have been made, it shall and may be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, to pay into court such sum of money as he, she or they shall think fit, whereupon such proceeding or order and judgment shall be had, made or given in and by such court, as in other actions where the defendant is allowed to pay money into court; provided also, that the defendant or defendants in all and every such action or actions may plead the general issue and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance of and by authority of this act; and if upon the trial of such action or actions it shall appear to have been so done, or that such action or actions shall have been brought before the expiration of twentyone days next after such notice shall have been given as aforesaid, or after a sufficient satisfaction made, tendered or paid into court as aforesaid, or after the time limited for bringing the same as aforesaid, then and in such case the jury shall find for the defendant or defendants; and if the plaintiff or plaintiffs shall become nonsuited, or discontinue his, her or their action or actions, or if a verdict shall be found against the plaintiff or plaintiffs, or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, then and in every such case the defendant or defendants shall and may recover treble costs, and have the like remedy for the same, as any defendant or defendants hath or have for costs of suit in other cases of law.

CXXIII. Provided always, and be it further enacted, That nothing herein contained shall in any manner abridge, infringe or lessen all or any of the rights, franchises, immunities, powers or authorities of the mayor, recorder and aldermen of the said town of Kingston-upon-Hull, or of the mayor and aldermen of the said town, as justices of the peace within the same town and county thereof, or any of the accustomed rights and privileges of the said town.

CXXIV. Provided always, and be it further enacted, That this act, or any thing herein contained, shall not any ways extend to give the said corpoгаtion hereby constituted any power and authority over any almshouse or hospital, or any other charitable gift or use within the said town or precinct already given, settled or erected, otherwise than was held and enjoyed by the said corporation constituted under and by virtue of the said recited acts, but that the same shall be wholly exempted therefrom; any thing herein contained to the contrary notwithstanding.

CXXV. Provided always, and be it further enacted, That nothing in this act contained shall extend or be construed to extend to repeal or alter any of the powers or provisions of the said recited act of the twenty-eighth year of the reign of King George the Second, or of any acts therein recited or referred to, so far as the same, or any of them, relate to or affect the better paving, preserving and cleansing the streets, squares, lanes and alleys in the said town, and preventing obstructions, and for preserving the lamps which shall be set up to enlighten the streets of the said town, and securing the property of such lamps to the owners, but the same shall remain in as full force and effect in all respects as if this act had not been passed.

CXXVI. And be it further enacted, That this act shall be deemed and taken to be a public act; and shall be judicially taken notice of as such by all judges, justices and others, without being specially pleaded.

PART III.

IMPROVEMENTS.

CLASS I.-STREETS, LAMPS, WATCHMEN, DRAINS AND
IMPROVEMENTS OF HULL.

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An Act for explaining, amending, and making more effectual, several Acts of Parliament, relating to the Maintenance and Employment of the Poor of the Town of Kingston-upon-Hull; and for better paving, preserving, and cleansing the Streets, Squares, Lanes and Alleys in the said Town, and preventing obstructions therein; and for preserving the Lamps which shall be set up to enlighten the Streets of the said Town, and securing the property of such lamps to the owners.

XVI.* And whereas, for the more regular and better paving and repairing of the streets, squares, lanes and alleys in the said town, it hath been customary for the mayor and aldermen of the said town, in common council assembled, from time to time, as they saw occasion, to order and direct the said streets, squares, lanes and alleys to be new paved or repaired by such workmen as they, the said mayor and aldermen, thought fit; and the said mayor and aldermen have usually provided proper materials for the paving and repairing of the said streets, squares, lanes and alleys, and the occupiers of messuages, lands and tenements, fronting to the said streets, squares, lanes and alleys, have usually paid the said workmen, for their labour in paving and repairing the same, so much for every yard square lying before their said respective messuages, lands and tenements, in the said streets, squares, lanes and alleys, unto the middle thereof, as hath been, from time to time, agreed on, and thought reasonable, by and between the said mayor and aldermen, and the said workmen; but, of late, where some streets in the said town have been new paved or repaired by such order as aforesaid, several persons, occupiers of messuages, lands and tenements in the said town, have refused to pay their proportions of the wages of the said workmen, and, by reason of the deficiency of the laws in this respect, the said mayor and aldermen cannot compel the payment of such wages; for remedy thereof, and for the better paving and repairing of the streets, squares, lanes and alleys of the said town, be it enacted by the authority aforesaid, That from and after the said first day of May, one thousand seven hundred and fifty-five, the mayor and aldermen of the said town, for the time being, or the major part of them, in common council assembled, shall have full power

* Sect. 1 to 15, for the relief and employment of the poor, are repealed by 5 Geo. IV. c. 13. sec. 13. page 37. ante.

Former Method of paving the

Streets of Hull recited.

Mayor and Alder... men to order the Streets to be

paved, when they see Occasion;

28 Geo. II. с. 27.

And to employ Workmen for that Purpose; and settle the

Price to be paid

them.

Occupiers of Houses, &c. to pay the Work.

men:

and authority, from time to time, to order and direct any of the public streets, squares, lanes and alleys, now being, or hereafter to be made, within the said town, or any part or parts of such streets, squares, lanes and alleys, to be paved or repaired, when, and as often as they, the said mayor and aldermen, shall see occasion, and in such manner as they shall think fit (the said mayor and aldermen furnishing and providing, out of the corporation stock, proper materials for that purpose, and causing the same to be brought to the place where such materials are to be used) and also to employ any workman or workmen whom they shall think fit to pave or repair the said streets, squares, lanes and alleys; and shall also settle the price to be paid to such workman or workmen, for their labour therein, by the respective occupiers of messuages, lands or tenements, situate and being in or adjoining to the said streets, squares, lanes and alleys, according to the quantity of ground, or number of yards square lying betwixt their respective messuages, buildings, walls or tenements, and the middle of the said streets, squares, lanes or alleys.

XVII. And be it further enacted, That it shall be lawful for the workman or workmen, or any of them so to be appointed as aforesaid, immediately after any of the said streets, squares, lanes or alleys, or any part thereof, shall be new paved or repaired by such order as aforesaid, to demand and receive of the respective occupiers of any messuages, or tenements, situate and being in, or adjoining to the said streets, squares, lanes or alleys, or such part thereof, as shall be so new paved or repaired, the respective proportions of the money payable by such occupiers respectively, according to the price which shall have been settled by the said mayor and aldermen as aforesaid; and all and every such occupier and occupiers is and are hereby required and directed to pay the respective sums charged upon him, her, or them respectively, for the new paving or repairing of the said streets, squares, lanes and alleys, or any of them, within ten days after such sums shall be demanded as aforesaid: and, in case the occupier or occupiers of any such messuage, land or tenement, messuages, lands or tenements, shall neglect or refuse to pay his, her or their proportion or proportions of

Distress for Non. such respective sums, within ten days after the same shall be demanded payment.

Who are to be

deemed occupiers of public ings.

Proprietors of
Water-works,
&c. to pay the
Expence of
making good the
Pavements, taken
up by them.

as aforesaid, the same shall and may be respectively levied on all and every such occupier or occupiers, so refusing or neglecting as aforesaid, by distress and sale of his, her or their goods or chattels, by warrant under the hands and seals of any two justices of the peace of and for the said town and county of Kingston-upon-Hull; the overplus if any be and be demanded, after all charges of making, keeping, and selling such distress shall be deducted, to be returned to the owner or owners of the goods or chattels so to be distrained.

XVIII. And be it further enacted, That the churchwardens of the respective parish churches of the Holy Trinity and Saint Mary, within the said town of Kingston-upon-Hull, and the respective treasurers and trustees of and for the several chapels, meeting-houses and hospitals, within the said town for the time being, and the owners and occupiers of other public buildings within the said town, shall be obliged, and they are hereby respectively required, to pay the wages of the workmen, for new paving or repairing the streets, squares, lanes and alleys, in, or contiguous to which, the said churches, and church-yards thereto respectively belonging, and the said chapels, meeting houses and hospitals, and other public buildings, and the grounds thereto respectively belonging, are situate or being, in proportion to the extent and quantity of ground, lying betwixt the said churches and church-yards, chapels, meeting-houses and hospitals, and grounds thereto respectively belonging, and the middle of the same streets, squares, lanes and alleys respectively, so often as the same shall be new paved or repaired by such order as aforesaid; and shall be respectively subject to such distress and sale for the same respective proportions of the said wages, as the occupiers of messuages, lands and tenements are hereby made liable to.

XIX. Provided always, and be it enacted, That when and so often as the pavement of any of the said streets, squares, lanes or alleys, or of any part of them, shall be taken up, for the laying or mending of any water-pipes therein, or for making or repairing any drains or sewers under the same, or other purposes, such pavements shall be new laid, and made good, in such manner

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