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to pay the tax, and deduct the same out of their rents. Landlords to allow luch deductions. Tenant paying the tax, to be allowed it on pay; ment of his rent. Not to make void any contract between landlord and tenant. In case of controversy, commitsioners concerned to withdraw. The corporation and the dean and chapter discharged from paving certain parts of the city. How to be rated in lieu thereof. Omiffions in rates to be supplied by commissioners. Commissioners may order tax books to be brought before them. Commiffioners may borrow 5,000l. and affign rates as a lecurity. Securities may be transferred. Fourteen days notice to be given of borrowing. Monies borrowed charged on the rates, &c. The foil, &c. vested in commiffioners, who may let the fame. Expences of this act to be paid out of the first money raised. For getting materials. No person to alter the pavement without consent of the commiffioners at a publick meeting. Penalty on persons wilfully damaging works, for the first offence 408. and every other sl. Commissioners may contract for paving, &c. on giving one month's notice for receiving tenders. Commissioners may set up pofts and rails, and make cess pools, &c. Commiffioners may take down, alter, and regulate pofts, steps, &c. but not till after notice. Sign posts, &c. to be taken down. If spouts, &c. are not properly

affixed by the owner, commissioners may do it at the owner's expence. 'Penalty on persons causing obstructions or nuisances in the streets, 1os. No cart, &c. to be left in the streets, on penalty of 1os. Not to extend to rubbith occasioned by building. Cellar windows to be lighted. Neceffary_houses when to be emptied. No cart to be driven faster than a foot pace. Penalty on obftructing commissioners or their workmen, for the first offence 20$. for the second 408. and for every other 3!. Occupiers in that part of Subdeanry parish as lies within the walls discharged of so much of their statute duty, as two juftices shall think fit. Occupiers in all the other parishes within the walls discharged from statute duty. But lefsees for a term of years to pay their landlords an increase of rent equal to their statute duty. Penalties and forfeitures how to be recovered and applied. Inhabitants may be witnesses.

Information of offences to be given within three months. Informers may be rewarded. Money expended in any action to be defrayed out of the rate. Diftress not unlawful for want of form; but fatisfaction for special damage. Proceedings not to be quashed for want of form, nor removeable by certiorari. No action to be brought against a person employed in collecting rates. Persons aggrieved may appeal to the county feflions held at Chichester. Limitation of actions. General ifue. Treble cofts. A saving of rights to the corporation. Not to extend to any other part of the close than the houses in the South Street. Publick aa,

CA P. LXIV. An act for repairing, paving, and cleansing the highways, ftreets, and

lanes, within the town and borough of Deal, in the county of Kent; and for removing and preventing encroachments, obstructions, nai.

sances, and annoyances therein. Commissioners. Commissioners not obliged to elect a new one til the number is reduced to go. Qualification of commissioners, to be a resident inhabitant poffeffing sol. a year real estate, or a beneficial lease of 20l. a year in the town of Deal, or poffeffed of real or personal estate of 400l. or rated to this act rol. a year. Commiflioners not to act if interefted; but may act as justices. First meeting of commiffioners on June 27, 1791. Commissioners to pay their own expences. Powers of the act to be exercised by a majority of the commiffioners. Chairman appointed, and to have the cafting vote. No order to be revoked, unless by a greater number of comr missioners than made it. Proceedings to be entered in a book, which is to be evidence. Officers to be appointed. Treasurer and other officers to give security; and to account upon oath. Pavement vested in the commiffioneré. 'Impowering the commissioners to pave and repair the freets. Materials to be provided, and persons employed for the purpofes of the aở. No alteration to be made in the pavements without consent of the commissioners. Commissioners to contract for paving, &c. Commissioners to make rates on houses, &c. adjoining the streets, iso in the pound, and on all other houses, &c. 6d. in the pound. Buiidings to be rated by meafure. Rates apportioned between owners and tenants. Commisjoners to rate landlords in certain cases. No tythe, &c. to be rated. Rates apportioned between occupiers quitting and coming into any house, &c. Recovery of rates by distress and sale of goods, &c. Rates on houses let to divers tenants to be paid by the landlord. Power to mitigate or remit rates where rents

missioners. paired

do not exceed 21. Persons aggrieved may apply to the commissioners. Rate upon coals, is. a chaldron or ton for coals fold, and 2$. a chaldron or ton for coals landed out of ships, &c. Rates to be collected before ships are permitted to depart from the parish. Power of collectors to detain vessels for payment of rates. Evading the payment of the rates to forfeit 5l. For exempting coals unladen within the limits of the parish of Walmer from the duty. General highway act to remain in force within the limits of the act. Surveyors of the highways to produce their accounts to the commissioners. For appropriating part of the highway rate towards the pavement, not exceeding sol. a year. Carriages to be drawn as on turnpike roads. Commiflioners may erect a weighing engine. Carriages may be weighed. Power to borrow 6,000!. Money may be raised by annuities; not exceeding rol. per cent. Securities for monies lent, and annuities, may be transferred. Transfers to be entered. Application of the money. When the money borrowed is paid off, the rates may be reduced. Pavements to be repaired upon complaint. Foot pavements to be swept by the inhabitants. Land to be provided for depositing materials, &c. Signs to be placed in the front of the houses, and encroachments to be removed. Foot paths and highways may be widened. If parties cannot agree, value to be ascertained by a jury. Jurors may be challenged. Verdiet of a jury, &c. to be final. Upon payment of purchase money, lands, &c. to be conveyed to the commissioners. On failure of evincing a clear title, purchase money to be paid into the bank. Purchase money to be lodged in the publick funds, &c. After payment of purchase money, buildings, &c. to be taken down. Annoyances to be removed on pain of forfeiting not less than 55. nor more than 20s. Nuisances not to be permitted in the streets, &c. Liberty to make inclosures for building or repairing houses, &c. Penalty on obstructing the execution of the act, 4os. Power to get materials. Accounts to be made up annually, and be open to inspection. Recovery of penalties by distress and sale ; or offenders may be committed. Commissioners may compound for penal. ties. For allowing the inhabitants to give evidence. Persons aggrieved may appeal to the general or quarter fellions. Distress not to be deemed unlawful for want of form. Plaintiff not to recover after tender of amends. Limitation of actions. General issue. Treble costs. Publick act.

CAP. LXV. An act for making and maintaining a navigable communication between

the Loughborough Canal and the town of Leicester; and for making and maintaining a communication by railways, or stone roads, and water levels, from several places and mines to the said Longhborough Canal ; and for continuing the same by passing along the said canal, to the said

navigable communication, all in the county of Leicefter. Proprietors names. Proprietors declared to be one body politick and cor. porate, by the name of “The Company of Proprietors of the Leicester Navigation,” with power to purchase lands; and to make the intended navigable and other communications. No water to be taken from Grace. dieu Brook. For preserving the water in Black Brnok according to the average in common seasons. For ascertaining the average of water in Black Brook. A waste wier to be set up near Black Brook. Buildings, &c. not to be erected on Messrs. Meynell's property in Qucrndon without their confent: nor any building, &c. to be erected on the grounds belonging to the Loughborough rectory without consent of the patrons and rector. Towing paths to be confined to the top of the banks, properly secured; and, in cafe of damage, satisfaction to be made by the company, and the banks reVOL. XXXVII.


paired by them. Navigation to be kept five hundred and seventy-five yards from Wanlip Hall. Recital of the act of the 16 Geo. 3. c. 65. for making the Loughborough canal navigation; and that it will be necessary to cross that canal; and to build a bridge over the present towing path, which will be cut through for making the said cut or canal, by virtue of this act. Bridge to belong to the company. None of the water which fupplies the Loughborough čanal to be taken. The Leicefter company to guarantee to the Loughborough company 3,000l. a year. Disputes between the two companies to be settled by two arbitrators. If not settled by arbitration the commillioners to do it. To restrain the Loughborough company from taking more than 1: 6d. per ton for coal, nor less than rod. Restrictions from building houses, &c. on towing paths, or other places, or cutting down timber. If the compiny take down mills, they may erect others on the same head of water. Surveys and levels have been taken. Map and book of reference to be authenticated. Navigation, &c. to be made pur. suant to the said plan and books of reference; unless any deviation shall be made by the commissioners. Land owners omitted in the book of reference not to obstruct the making the navigation. No deviation to be made in the line of the canal as described in the plan, through the lands of the Loughborough rectory without consent of patrons and rector. Towing path over the Abbey Meadow not to be varied; nor any towing path to be made on any of the lands next to the rectory house, &c. Lands may be entered to make surveys. Canal to be twenty yards wide, and towing paths three yards. For turning the road by Mr. Brewin's garden. Power to take water from mines. To oblige the proprietors of fire engines to lift their water into the water levels. Owners of coal pits and lime works may make railways. No railway or road to be made within 1000 yards of Mr. Mey. nell's house. Bodies politick, &c. empowered to sell. For preservation of copyhold rights. Commiffioners for lettling differences. For electing new commiflioners. Impowering the quarter session to nominate commissioners in case the survivors neglect, or a sufficient number cannot be found in the neighbourhood. Qualification of commissioners: an estate of freehold or copyhold of rool.

a year, or personal estate of 2,00jl. Commissioners may act as justices. First meeting of the commissioners, the third Friday in September, 1791. Notice to be given of meetings. All the meetings to be public. On application of land owners, or any five of the proprietors, commissioners may meet. Meetings may be called at any time. Meetings to be held within fix miles of the place where the dispute arises. Commisfioners to determine what sums the company shall pay for the land and da. mages; or a jury may be fummoned for that purpose. If any damage is done to lord Rawdon's mills by the Loughborough company, the Leicester company to make satisfaction. For paying off mortgages on lands used for the navigation. Fine of 2ol. upon Theriffs, &c. making default. Es. pences of commissioners and jury by whom to be borne. Persons requesting a jury to enter into bond to profecute before commissioners issue their warrant for a jury. Notice of injury to be given to the company, before complaint made to the commissioners. Persons guilty of perjury may be profecuted. Satisfaction being made or tendered, the compiny may en: ter and proceed in their works. Determinations of commissioners, and verdicts, to be recorded by the clerk of the peace for the county of Lelcester. Purchase monies paid in trust, to be laid out to the same uses. For settling the proportions of purchase money. In default of payment thereof, the tonnage rates to become fecurity. If cofts not paid within two calendar months, the fame to be levied upon the company of proprietors. Where land is fevered by effecting the undertaking, company may purchase the whole, or build bridges. For punishing persons wilfully destroying any of the works, or obstructing the navigation. Mines, &c. reserved to lords of manors. Coals, &c. found in digging may be taken by the proprietors of lands. Coal mines not to be worked to prejudice the navigation, &c. but satisfaction to be made for certain quantities left. Company of proprietors to make drains, &c. and also fences in certain cases; and on neg. lect the commissioners may cause the same to be repaired, cleansed, &c. and charge the expence to the company. Millers to put up or down cloughs for making navigation, &c. under penalty of 1ol. for retusal. If dissatisfied


with the recompence, commissioners to determine the same. Mills to be. purchased by the company on notice being given by the owners within a limited time. Millers not to draw down the water lower than six inches below the height of a full mill pond. Where cattle are deprived of watering places, others to be made. Towing paths to be fenced off from the adjoining lands. For purchaling and fencing off towing paths through the lands of the rev. Henry Greene. Towing paths to be used as a bridleway, &c. by the occupiers of lands. Road near the paper mill, in the parish of Coffington. In case of failure to fence off towing paths, &c. commission. ers to do it, and the company to pay the charge. Owners of lands impowered to make bridges. Lords of manors or owners of estates may erect wharfs, &c. but if not done within 12 calendar months after notice, the proprietors may build them. One penny halfpenny per ton for the whariage of stone, brick, lime, or manure, and three-pence per ton for any other goods, and two-pence per ton for coals. For Itacking coals on the wharfs by the eastern side of the bason belonging to the Loughborough company. Right of fishery granted to lords of manors and land

Land owners may use pleasure boats. Proprietors may raise 46,000l. among themselves tor making the navigation. The money raised to be divided into 460 shares at 1ool. each. Mr. Hudson to take down Wanlip Mill, on having Mares of the value of sool in lieu of the fame. Proprietors to receive šl. per centum till the navigation is finished. Subfcribers to have a vote for every share, by themselves or proxy; not exceeding ten shares for each. Proprietors may raise an additional sum of 20,0col. if necessary, by admission of new subscribers; or borrowing money upon the tolls. Annuities or securities to be entered in a book, and máy be transferred. Interest of money borrowed, or annuities granted, to be paid in preference to the dividends, or may be sued for at law. Grantees or aflignees not to vote at any meeting on account of having lent such money. General assembly for chusing a committee. No member of the committee to have more than one vote, except the chairman. Committee to be under the controul of general allemblies. How the books of account are to be kept. General allemblies to consist of fifty shares. Power of general assembly and committees. Expences of committee meeting. Subfcribers to have notice before they forfeit their hares. General assemblies may make bye laws. When subscribers die before the shares are compleated, executors, &c. may compleat the payment; or in case of refusal or want of assets proprietors may appoint others. How shares may be disposed of. No share to be fold after a call made until such call be answered. Shares may be sold and transferred. Clerk to be appointed for the company of proprietors. Upon the death of any clerk another to be appointed. Proceedings of the commissioners to be entered in a book. Clerk of the commissioners to be appointed. No business to be done at a committee unless five persons present. Clerk to be intrusted with money to pay petty expences, and account to committee. Treasurers to pass their accounts. Rates of tonnage. Exemption from tolls. Power to vary the tolls. The tolls to be taken on goods pafling to the Melton navigation not to exceed the half of the tonnage from Loughborough to Leicester. Masters of boats to give an account in writing of goods, &c. on board. In case of difference about weight, vessels to be detained and goods weighed. For ascertaining the tonnage of lime. Navigation to be free on payment of the rates. That no part of the navigation shall be opened until the whole is finished. Directing the company to make compensation to the owners of a weighing machine. For making compensation to the trustees of the Alby turnpike road. For making compensation to the creditors of the Markfield road. Swivel and draw bridges to be shut and fastened after vessels shall have passed through them, on penalty of sl. For repairing damage from foods, &c. and preventing further damage. . For ascertaining a ton weight. Tolls to be free from taxes. To prevent lock keepers, &c. giving any preference. Vessels under 20 tons not to pass the locks but on certain conditions, Matters to put their names on the outside of their boats. Boats to be measured. Masters or owners of boats to be answerable for damages. Masters to recover back from their servants sums paid for their defaults. Places for boats to pass each other. Regulations for vessels pant.


ing ing the locks. Penalty on persons opening locks, wasting waters, &c. not less than 20s. nor more than 5l. Vefsels obstructing the navigation to be removed. Vefles funk to be weighed up. Persons floating timber, or overloading vessels, to forfeit sl. or throwing rubbish into the navigation. Navigation not to be under the commissioners of fewers. For measuring the navigation, and setting up mile stones. Proceedings not to be quashed for wint of form. Lands not used in ten years to be reconveyed. Recovery of fines and forfeitures. Application of money. Distress not unlawful for want of form. Damages not provided for to he settled by com. missioners. Appeal to the quarter feflions. Majority of the commissioners or committee to be binding as the act of the whole. Limitation of actions. General illue. Treble cofts. Publick act.

CAP. LXVI. An act to enable the earl of Egremont to make and maintain the river Ro.

ther navigable, from the town of Midhurst, to a certain meadow called the Railed Pieces, or Stopham Meadow, in the parish of Stopham, and a navigable cut, from the said river to the river Arun, at or near Stop

ham bridge, in the county of Sussex; and for other purposes. The earl of Egremont impowered to make the river Rother navigable, from a meadow, called the Lower Platt, near Midhurst, through the parishes of Woollavington and Easebourn, in Sussex, and through the tyth. ing of Amberlham, in the parish of Steep, in the county of Southampton, and also through the several parishes of Selham, Lodlworth, Tillington, Burton, Duncton, Petworth, Sutton. Coates, Egdean, Fittleworth, Bury, Coldwaltham, and Stopham, in Sussex, to a meadow, called the Railed Pieces, or Stopham Meadow, in the parish of Stopham; and to make a navigable communication between the same river and the Arun; and another navigable cut from the river Rother to Haslingbourn Bridge; and to build bridges, and to make towing paths, &c. Digging gravel and materials. Satisfaction to be made for damages. This navigation not to go through any garden, park, lawn, &c. belonging to any mansion house, except cottages of 61. yearly value, and except the grounds of the lord vifcount Montague, situate on the banks of the said river Rother. Powers to survey and take levels,

and to set out the works Enabling owners to fell lands, &c. Commissioners appointed to settle differences. If any of the parties are dissatisfied with the determination of the commissioners, the value or damages to be ascertained by a jury. Whose determination shall be final. Thirty days previous notice to be given to occupiers. 201. penalty on the sheriff or coroner for making default; and on the jury; and on witnesses. Judgements, &c. to be kept by the clerk of the peace. By whom the expence of the jury shall be paid. Party requesting the jury to give security. No complaint to be taken notice of, till application be made to the earl of Egremont. Upon payment, or tender, of the money, the said earl may take poffeffion. Commissioners to settle the proportions of purchase money. Purchase monies due to corporations to be laid out to the fame uses as estates purchased, if the fame exceeds 20l. In default of payment, low the monies are to be recovered. Annual rents, how recoverable. Power to get materials, &c. in case of sudden damage. Tolls for every ton of manure, one penny a mile, and every ton of timber, coals, corn, and all other goods, three-pence a mile. Recovery of tolls. 26 feet of round, or 40 feet of square oak, alh, or elm, or so feet of fir or deal, to be deemed a ton. Masters of veftels to give an account of their lading. Vefsels to be weighed in case of any difference respecting the rates. Navigation and the roads and wharís open to all persons on paying the rates. Lords of manors and owners of land not to be restrained from erecting wharfs, quays, &c. within their manors or lands, or from landing goods thereat. If such lord or owners Nill not on notice, erect such warehouses, &c. the same may be done by the earl of Egremont. For ascertaining wharfage. Goods not to be landed, &c. except upon the wharfs, &c. Names of the maiter to be painted on the vessels. Vessels may be weighed at any time, at the expence of the earl of Egremont. Graduated figures


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