Page:Ruffhead - The Statutes at Large - vol 9.djvu/264

 214 C. 39. Anno quarto Georgii III. A.D. 1763. Charges of altering or repairing defective or bad Pavements, to be paid by the Tenant or Oc- cupier,; Buildings and Erections, belonging to any fuch Land, Houfe, Shop, Warehoufe, Cellar, Vault, or other Tenement, fituate, ftanding, lying and being within the faid Parifhes and Places compre- hended within the faid recited Acts, or this Act, or either of 'them, at a Rate not exceeding fix Pence for every Square Yard belonging to fuch Dead Wall, Void Space of Ground, Building, or other Erection, over and above what fuch Land, Houfe, Shop, Warehoufe, Cellar, Vault, or other Tenement, to which fuch Dead Wall, Void Space of Ground, Building or Erection belongs, fhall by virtue of the faid recited Acts, or this prefent Act, or either of them, be rated at the faid Rates or AfiefTments, to be laid, received, recovered and applied, in fuch Manner as other Rates and AfTeiTments are directed to be laid, received, recovered and applied, by the faid former Acts, or this Act, or either of them. VII. And be it further enacted by the Authority aforefaid, That when any defective or bad Pave- ment fhall be mended, altered or repaired, by the Order or Direction of the faid Commiffioners, or any three or more of them, by virtue of the Powers given by the Act palled in the third Year of his prefent Majefty's Reign; the Charges and Expences thereof fhall be reimburfed and paid by the Tenant or Tenants, Occupier or Occupiers of the refpectivc Lands, Houfes, Shops, Ware- houfes, Cellars, Vaults, or other Tenements to which fuch Payments fhall adjoin, appertain or be- long; and fuch Tenant or Tenants, Occupier or Occupiers of L-mds, Houfes, Shops, Ware- houfes, Cellars, Vaults, or other Tenements, are and (hall be liable to pay the whole of fuch Notice n< iveh" d "Charges and Expences; and in cafe fuch Tenant or Tenants, Occupier or Occupiers, mall irot oiceguen, within ten Days after the fame fhall be demanded, by a Notice thereof in Writing given to him, her or them, or left at his, her or their lad or more ufual Place of Abode, pay or caufe to be paid the faid Charges and Expences to the faid Commiffioners, or any three or more of them, or to fuch Perfon or Perfons as they fhall appoint to receive the fame (which faid Notice fhall be in Writing, and figned by the Cleric to the Commiffioners for the Time being, by Order of the faid Commif- fioners, or any three or more of them, and annexed to the Bill containing an Account of the Ex- any Juftice for the Coun- pence of fuch Repairs) it fhall and may be lawful for the Perfon or Perfons fo to be appointed by ty, &c upon Complaint the faid Commiffioners to receive the fame, to make Complaint thereof to any one or more Juftice warrant Singing she or J4 ftice s ° f the Peace for the County or Place where fuch Perfon or Perfons fo refuting or ne- Offender before him; glecting fhall be and rtfide; and fuch Juftice or Juftices may, and is and are hereby authorifed and required to iiTue a Warrant under his or their Hand and Seal, or Hands and Seals, to caufe the Party or Parties to be brought before him or them, and upon the Party or Parties appearing, or not being to be found after due Enquiry, and Proof thereof by the Oath of the Party making fuch En- quiry (which Oath the faid Juftice or Juftices is and are hereby impowered and required to admi- nifter) to hear and determine the Matter in a fummary Way; and if upon the Confeffion of the Party or Parties, or by the Oath of one or more credible Witnefs or WitnefTes (which Oath fuch and m?y afterwards levy Juftice or Juftices is and are hereby impowered and required to adminifter) it fhall appear to fuch andSar"" by Dlftren! Juftice or Juftices, that fuch Charges and Expences have been incurred by the faid Commiffioners, and not paid or fatistied by the Party or Parties as aforefaid, then fuch Juftice or Juftices may, and he or they is and are hereby authorifed and required to iflue a Warrant or Warrants under his and their Hand and Seal, or Hands and Seals, for the levying the fame, by Diftrefs and Sale of the Goods and Chattels of fuch Party or Parties; and if after full Payment thereof, together with all Charges attending fuch Diftrefs and Sale, there fhall be an Overplus, then the fame fhall be paid to the Owner or Owners of fuch Goods and Chattels, upon Demand. VIII. Provided always, That nothing herein contained fhall be deemed or taken to make void any Contract, Covenant or Agreement between Landlord and Tenant, touching or concerning the keeping in Repair fuch Pavement. Contracts between Land- lord and Tenant concern- ing keepingPavements in Repair, not altered by this Act. Defective or bad Pave- rr.ents belonging to Lands or Houfes, Sec. untenanted, to be re- paired by the Commif- iioners at the Expence of the Owners : IX. And be it further enacted by the Authority aforefaid, That when any defective or bad Pave- ment adjoining or belonging to any Land, Houfe, Shop, Warehoufe, Cellar, Vault, or other Tenement, or to any Part or Parts thereof, which fhall then be untenanted or unoccupied, fhall by the Direction of the faid Commiffioners, or any three or more of them, be mended, altered or re- paired, then and in every fuch Cafe, the Expence of mending, repairing or altering fuch Pavement fhall be paid by the Owner or Owners, Proprietor or Proprietors of fuch Land, Houfe, Shop, and if not paid after due Warehoufe, Cellar, Vault, or other Tenement refpectively; and in cafe of Non-payment thereof Notice given, within ten Days next after Notice in Writing, to be figned by the Clerk to the faid Commiffioners for the Time being, by Order of the faid Commiffioners, or any three or more of them, given or left at the laft or moft ufual Place of Abode of fuch Owner or Owners, Proprietor or Proprietors, or of the known Agent or Agents, Steward or Stewards, to fuch Owner or Owners, Proprietor or Proprietors to pay the fame; and in cafe fuch refpective Place of Abode fhall not be known, and upon Inquiry, not to be found, fuch Inquiry to be verified upon Oath before one or more juftice or Juftices of the Peace, who is and are hereby authorifed to adminifter the fame to the Perfon or Perfons making fuch Inquiry; then within ten Days next after Notice in Writing, figned as afore- faid, fhall be affixed on fome confpicuous Part of fuch Land, Houfe, Shop, Warehoufe, Cellar, tnZtic 1 for thefeme" 6 Vault ' or other Tenement refpeftively; in every fuch Cafe, the faid Commiffioners, or any three an (. wn or e ame. or more Q f tnemj f na ]l allr J may, if they fhall think proper, bring, or caufe to be brought, any Action or Actions in the Name of their Treafurer for the Time being, a ainft any fuch Owner or Owners, Proprietor or Proprietors, for the Money at any Time fo due; in which Action or Actions no Eftbin, Protection or Wager of Law, or more than one Imparlance fhall be allowed. 3 X. And