Page:Ruffhead - The Statutes at Large - vol 6.djvu/334

 272 C 22. Anno decimo Georgii II. A. D. 1737. ' to be levied by Diftrefs and Sale of the Goods of the Parties refufing or neglecting to pay, as 1 can be found upon Ground, Houfes, Shops or Tenements, that lie vacant or untenanted, where- ' by the neceflary Taxes or Afleflments for paving the Streets, Lanes or Paflages, lying before fuch ' vacant Ground, Houfes, Shops or Tenements, cannot be levied, by reafon whereof fuch Part of the faid Streets, Lanes and Paflages often remains unpaved, to the great Nufance of the Publick ;' made. 'aforefaid, or any Seven or more of them, to order fuch Parts of the refpective Streets, Lanes and Paf- fages, as lie before fuch vacant or untenanted Ground, Houfes, Shops or Tenements, as often as Need (hull be, to be well and fufticiently paved, cleanfed and amended, and to impofe fuch Tax or Affe(T- ment on the Owner or Owners thereof, as (hall be necefTary for the doing the fame ; all which Taxes and Afleflments (hall be paid, for and upon the Account of fuch Owner or Owners thereof, by him, her or them, who (hall from time to time be the next and firft Occupier or Occupiers of fuch Ground, Houfes, Shops or Tenements, after the making or impofing fuch Tax or Affefiment ; and in cafe fuch Occupier or Occupiers (hall refufe to pay the fame, then the faid Taxes and Afleflments (hall bs levied by Diftrefs and Sale of the Goods and Chatties of him, her or them, fo refufing to pay the fame : Which Diftrefs and Sale (hall be made in fuch Manner as Diftrefles and Sales thereof are directed to be made by the faid Statute ; and all and every fuch firft Occupier and Occupiers are hereby required and authorized to pay fuch Sum and Sums of Money, as (hall be fo rated, impofed or aflefled on the Owner or Owners of fuch Ground, Houfes, Shops or Tenements, in purfuance of this Act, and to deduct the fame out of the Rent thereof ; and the Landlord or Landlords, or Owner or Owners thereof, are hereby required to allow fuch Deductions and Payments upon Receipt of the Refidue of their Rents ; and every Tenant paying fuch Taxes or Afleflments (hall be acquitted and difcharg- ed for fo much Money, as the faid Taxes or Afleflments (hall amount unto, as if the fame had been actually paid to fuch Perfon or Perfons, to whom his, her or their Rent fhould have been due or payable. XX. And, to the End that all and every the Pavements lying before any vacant or untenanted Groundj Houfe, Shop or Tenement, in any of the Streets, Lanes or Paflages, may from time to time be effec- Taxesonva- tually amended ; Be it further enacted by the Authority aforefaid, That the Chamberlain of the faid " c m Grounds, City for the time being, (hall pay all and every the Taxes and Afleflments which (hall be impofed or out of the City aflefled upon the Owner or Owners of fuch vacant or untenanted Ground, Houfes, Shops or Te- Cafli, nements, during the Time the fame (hall fo continue vacant or untenanted, out of the City Calh ; but in cafe after fuch Payment by the faid Chamberlain any of the faid Taxes or Afleflments (hall be paid or levied by or upon the Tenant or Tenants thereof, who (hall afterwards occupy the and repaid by fame, then and in every fuch Cafe the fame (hall forthwith be repaid into the Chamber of the ■ cu e ierf OC " faid Cit y- ' XXI. And whereas from the great Increafe of Coaches, Carts and other Carriages, and their fre- ' quent pafling through the Streets; Lanes and Paflages of the faid City, it is become neceflary for the ' many Streets, Lanes and other Paflages, where now there are none, to preferve a Foot-paflage ; u 0fl fb *f h6 t fet ^ e '* t ' lere f° re further enacted by the Authority aforefaid, That from and after the twenty-fourth parages. 00 " Day of June one thoufand feven hundred and thirty-feven, it (hall and may be lawful for the faid Perfons, authorized and to be authorize^' as aforefaid, or any Seven of them, to order, defign and fet up Pofts in all or any the Streets, Lanes and Paflages whatfoever, where Need (hall be, within the faid City and Liberties, to preferve Foot-paflages ; which Power (hall be exercifed in the fame Manner as the Power vefted in them by the faid Statute, ' For the better paving and cleanfing the Streets and ' Sewers in and about the faid City ; ' and for enabling them to execute and perform the Works laft- mentioned and appointed to be done, it (hall alfo be lawful for them, or any Seven of them, to make fuch Taxes and Afleflments as (hall be reafonable, to be charged and levied in the fame Manner as the other Taxes and Afleflments may be and are directed to be charged and levied by the aforefaid Sta- tute, or by fo much of this prefent Act as relates to the paving of the faid Streets, and in as full and ample Manner to all Intents and Purpofes whatfoever as if the fame was herein particu- lar^ recited. Limitation of XXII. And be it further enacted by the Authority aforefaid, That if any Action or Suit (hall be Actions. brought or commenced againft any Perfon or Perfons for any Matter or Thing to be done in purfuance of this Act, then and in fuch Cafe the Action or Suit (hall be brought or commenced within fix Months next after the Fact committed, and not afterwards, and (hall be laid and brought in the City of London, and not elfewhere ; and the Defendant or Defendants in fuch Action or Suit to be brought General iflue. fhall and may plead the General Iffue, and give this Act and the Special Matter in Evidence at any Trial to be had thereupon ; and if the Plaintiff or Plaintiffs fhall become nonfuited, or difcontinue his, her or their Action or Actions, Suit or Suits, or if upon Demurrer Judgment (hall be given . Treble Cods, againft the Plaintiff or Plaintiffs, the Defendant or Defendants (hall and may recover Treble Colts, and have fuch Remedy for the fame, as any Defendant or Defendants hath or have in any other Cafes - by Law. Publick Aft. . XXIII. And be it further enacted by the Authority aforefaid, That this Act fhall be deemed, adjudg- Ste farther, ec j j am j taken to be a Publick Act, and be judicially taken Notice of as fuch by all Judges, Juftices, is Gu. c. «! and other Perfons whatfoever, without fpecially pleading the fame, 33 Leo, a. c. 30. xv A 1*
 * by the faid Act more fully may appear ; but inafmuch as it frequently happens that no Diftrefs
 * Safety and Convenience of all Perfons pafling within the faid City, that Pofts fhould be fet up in